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09/11/00. RESOLUTION NO. — 79
A RESOLUTION OF THE MIAMI CITY COMMISSION
RELATING TO COMMUNITY BASED RESIDENTIAL
FACILITIES; ESTABLISHING POLICY TO DIRECT THE
CITY MANAGERR TO STRICTLY ENFORCE PROVISIONS
OF THE STATE STATUTE AND THE CITY ZONING
ORDINANCE WITH REGARD TO APPLICATIONS FOR
SITING NEW COMMUNITY BASED RESIDENTIAL
FACILITIES OF ANY SIZE WHERE OTHER COMMUNITY
BASED RESIDENTIAL FACILITIES OF ANY SIZE
EXIST WITHIN THE PROHIBITED DISTANCE FROM THE
PROPOSED SITE; DIRECTING THE CITY MANAGER TO
TAKE THE NECESSARY STEPS TO PRESENT THE CITY
COMMISSION WITH A PROPOSED AMENDMENT TO THE
CITY OF MIAMI ZONING ORDINANCE TO PROVIDE FOR
INDIVIDUAL REVIEW OF ALL NEW APPLICATIONS FOR
COMMUNITY RESIDENTIAL HOMES (SEVEN TO
FOURTEEN RESIDENTS) SO THAT THE CITY CAN
DETERMINE WHETHER THE NATURE AND CHARACTER OF
THE AREA WOULD BE SUBSTANTIALLY ALTERED
NEGATIVELY BY APPROVAL OF A PARTICULAR
APPLICATION; AND TO FURTHER PROVIDE THAT IF
THE CITY MAKES SUCH DETERMINATION, THE
APPLICATION SHALL BE DENIED.
WHEREAS, the City of Miami has a disproportionate share of
group homes located within the City and specifically within its
low and moderate -income neighborhoods; and
WHEREAS, the over -concentration of group homes have imposed
inordinate burdens on City taxpayers throughout the City due to
the increased demands on essential services such as police, fire,
emergency fire rescue, and solid waste generated by a group home
r
CITY COMMISSION
MEETING OF
S E E I It 2000
Resolution No.
00—
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0 0.
population that is not dispersed proportionally throughout the
entire Miami -Dade County area; and
WHEREAS, the over -concentration of group homes has resulted
in adverse impacts on the nature, character, life-style and
property values of those affected neighborhoods;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
section.
Section 2. The City Commissin hereby declares it to be
the policy of the City of Miami that the review of applications
of Community Based Residential Facilities ("CBRFs") shall include
consideration of all CBRF's located within the prohibited
distance of the proposed facility, and such applications shall be
rejected if City records show another CBRF of any type within the
applicable prohibited distance.
Section 3. The City Manager is instructed to prepare an
amendment to the City of Miami Zoning Ordinance No. 11000, as
amended, to provide that applications for Community Residential
Homes (7-14 residents) be reviewed individually to determine
whether the nature and character of the area would be
substantially altered by the approval of a particular
Page 2of3 7
application, and that if the City finds that such siting would
detrimentally affect the nature and character of the area, the
application be denied for siting.
Section 4. This Resolution shall become effective
immediately upon its adoption'.
PASSED AND ADOPTED this 14th day of September ,2000.
ATTEST:
JOE CAROLLO, MAYOR
e=rdanee with Miami Code Sec. 2-36, since the Mayor slid not indicate approval of
�, bgislation by signing it in the designated place provided, said legislation n ° 1
bam. es effective with the elapse of ten (10) days the date o Cc nmisc°on 1
inn., same, without the Mayor ex
WALTER J. FOEMAN
CITY CLERK
APPROVED
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CORRECTNESS:b
�i If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 3 of 3
44411VU00100
CITY OF MIAMI, FLORIDA
DISTRICT 4 �
INTER -OFFICE MEMORANDUI COMMISSIONER REGALAD
r 3 �; _ C 5 iil 8: 54
TO: Carlos GlmeneZ DATE: July 25, 2000 FILE:
City Manager
SUBJECT: Discussion Items
FROM: Tomas Regala o REFERENCES
Commissioner ENCLOSURES:
Please place the following item on the agenda of the City Commission meeting to be held
on September 14, 2000.
1) Discussion about Adult Living Facilities.
Cc: Agenda Office