HomeMy WebLinkAboutR-99-0825J-99-868
10/26/99
RESOLUTION NO. 00 J` 8 2 5
A RESOLUTION OF THE MIAMI CITY' COMMISSION
STRONGLY URGING AND ENCOURAGING THE FLORIDA
LEGISLATURE TO AMEND CHAPTER 419, FLORIDA
STATUTES (1997), TO GRANT LOCAL GOVERNMENTS
AUTHORITY TO REGULATE THE SITING AND
ENFORCEMENT OF GROUP HOMES OF SIX OR FEWER
RESIDENTS IN RESIDENTIAL NEIGHBORHOODS BY
ALLOWING LOCAL GOVERNMENTS TO DENY GROUP
HOMES OF SIX OR FEWER RESIDENTS WHERE THEIR
PROPOSED LOCATIONS ARE IN NEIGHBORHOODS
ALREADY CONTAINING A DISPROPORTIONATE SHARE
OF GROUP HOMES, OR WHERE THEIR PROPOSED
LOCATIONS WOULD ADVERSELY ALTER THE
RESIDENTIAL NATURE AND CHARACTER OF THE
SURROUNDING NEIGHBORHOOD; AND, FURTHER,
EXPRESSING ITS GRAVE CONCERN REGARDING THE
OVER -CONCENTRATION OF GROUP HOMES FOR SIX OR
FEWER RESIDENTS CURRENTLY SITED WITHIN LOW-
INCOME AND MODERATE -INCOME RESIDENTIAL
DISTRICTS WITHIN THE CITY OF MIAMI, RESULTING
IN INCREASED DEMANDS ON ESSENTIAL MUNICIPAL
SERVICES SUCH AS POLICE, FIRE, AND SOLID
WASTE, AND CAUSING ADVERSE IMPACTS ON THE
CHARACTER AND PROPERTY VALUES OF THE AFFECTED
NEIGHBORHOODS; FURTHER DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE OFFICIALS DESIGNATED HEREIN.
WHEREAS, Chapter 419, Florida Statutes (1997), preempts
siting of group homes for six or fewer residents to the state,
thus precluding the City of Miami ("City") from participation in
the location and approval process of group homes for the
following populations: aged persons, physically disabled or
C= GObIISSIox
14EETING OF
OCT 2C1999
Resolution No.
handicapped persons, developmentally disabled persons, non -
dangerous mentally ill persons, and children; and
WHEREAS, as a result of the preemption, the City 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 and lack of
siting and regulatory authority have imposed inordinate burdens
on City taxpayers throughout the City due to the increased
demands on essential municipal services such as police, fire,
emergency fire rescue, and solid waste generated by a group home
population that is not dispersed proportionally throughout the
entire Miami -Dade County ("County") area but is allowed to
develop in areas of the County where land values are lower and
public transportation and medical facilities are easily
accessible; and
WHEREAS, the over -concentration of group homes and lack of
siting, regulatory, and enforcement authority have resulted in
adverse impacts on the character, life-style, and property values
of those affected neighborhoods; and
WHEREAS, amending Chapter 419 to allow the City to approve
and regulate siting and enforcement for group homes with six or
fewer residents under certain conditions would:
(a) provide for a balance between the needs of the
larger County -wide population of group home
residents and the local obligation on the part of
the City to preserve and enhance the property
values and appearance of its existing low and
moderate income neighborhoods;
(b) allow the City to participate in the siting
process and to plan appropriately for the safety
and welfare needs of the residents of the group
homes as well as to prevent over -concentration of
a particular population within one area of the
County;
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 Florida Legislature is hereby strongly
urged and encouraged to amend Chapter 419, Florida Statutes
(1997), to grant local governments authority to regulate the
siting and enforcement of group homes of six or fewer residents
in residential neighborhoods by allowing local governments to
deny group homes of six or fewer residents where their proposed
locations are in neighborhoods already containing a
disproportionate share of group homes, or where their proposed
locations would adversely alter •the residential nature and
character of the surrounding neighborhood.
Section 3. The City Commission hereby further expresses
its grave concern regarding the over -concentration of group homes
for six or fewer residents currently sited within low-income and
moderate -income residential districts within the City of Miami,
resulting in increased demands on essential municipal services
such as police, fire, and solid waste, and causing adverse
impacts on the character and property values of the affected
neighborhoods.
Section 4. The City Clerk is hereby directed to transmit
a copy of this Resolution to Governor Jeb Bush, the President of
the Florida Senate, the Speaker of the Florida House of
Representatives, all members of the Miami -Dade County Legislative
Delegation, James F. Murley, Secretary, Florida Department of
Community Affairs, Tallahassee, Florida, and the South Florida
Regional Planning Council, Hollywood, Florida.
Section S. This Resolution shall become effective
0
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immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED this 26th day of petobpr , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislati0,1 r^w
becomes effective with the elapse of ten (10) days f the dat of Commi -' n
regarding same, without the Mayor ex is! v
ATTEST: J
Walter J FoP a , ity Clerk
WALTER J. FOEMAN
CITY CLERK
APPRO A T FORO' ORRECT ..- NESS
A'aC
DRO LA ELLO
CI ATTORNEY
3827:GMM:eij:BSS
At 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.
5 -
UCt•U449 IO:Z3am From -CITY OF MIAMI-COMMISSIONER HCAL00 3056565230
u _ . [�ISTRICT4
-cr r
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUI COMMISSIONER RECALADO
TO: Donald Warshaw September 7, 1999
City Manager DAM:
Fll£
FROM:
omas Regal
Commissioner
SUsJECT : Discussion Item
REFERENCES:
ENCLOSURE:
Please place the following items on the agenda of the City Commission meeting to be
/eld on October 12, 1999.
1r) Discussion about legislative action being taken in reference to Adult Living .Facilities
2) Discussion about Minority Vendors in the City of Miarrai
Cc: Agenda Office.
99- 825