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Home My WebLink AboutM-81-0365plansrin� paot. sheet APPLICANT mini t6fportit 11bli ppT1TtNiO..N�t':►..th Stret and�b,fi,rt!,..._s,1ilte Loth less N10';'Blotk 5- ALLApATTAI IMANRS (12=24) peti;tioh�, as per 'ordinary e b8i1, ART"l h V, Sectioli 56(2) j for per%Is910 to I operate, non=profit iftd6lt con tgregate liVinI facility (A L) in an, existing 2"=8t6ry residence.'ana an existing:. Story ;residence on above bite, aon i1eith thet�1w5 ier plans tde- Ohsi VOR THt 2 5TQ}2Y hUtLbtNG; pront Yard 21, proposed � �50 ,required)," Side Streot yard,= l2i proposed "(3.5' rec{Uired); Interior Side yard = 6proposed (35,5r re-' quired) ; pbR' THE 1STORY mitDI'M Side Street yord - 15 6' proposed (22,�' required); Rear yard .1' proposed (22� rec{uired), inte'riOr�Sile yard - 7i proposed (22,5'"re- quir'ed); :on'a' lot 62' in width (100' required), and I ith' 8, 242, 9 sq, ft, in area (M 000 sqi ft. required), zoned R-3 ;(Low Density MU 1 = " tiple) a BACKGROUND The site, a lot''I with 8'24249 square feet in area, is zoned R-3', Zoning to the north, east, and west; is R-3,'while zoning` to the south is R•-2.` The applicant proposes to'operate an adult congregate living facility for 35 persons.' The clients would live in an existing 2-story resi' deuce and an'existing 1-story,resdence at the site. The total living area in the too resi- dences is 3,562 square feet. ANALYSIS The zoning regulations for this type of "facility do not include occupancy, ;limits.-However,_the: " Community -Based Residential Faciliti, Stud , approve by the City Commission in Resolution No.79-863, recommend s"that such a,'facilitybe� limited to no more "than 16 occupants in an R-3 zoning d'istrct'. The proposed facility would exceed this recommended occupancy -limit by 19 occupants. The South rlorida,Bui'lding Code has established a "minimum"occupancy load of 200 square feet of ': YKM1'wprte•w.+�'.�3.i�i nfli fAri,'d'.b. 3, rfa.i w 1f . yyppr .1% S *y.. AWL i 4 dwelling unit a�re� �er oecut;ant tot° t}tis clasr- sifi atiett of facili'tyYl A facility se vitig i cli-6hts, therefat,e would ItegUI`ite a fittinimuhl.; 6f 71000 square .feet of dwelling unit rda The }9ro}io'sec facility, t+tith only 3, 5G2 squa 'e feet of 1ivittg afoa, fails to meet this minimum stn�a�`d, t CoNtIMENbAT1GNS 13bAiN1;� b�tIAL► `fhe facility proposes to serite more bA}t`IP1NT than 16clients, the maximum occupancy load recommended tot an .it= district by` the•;Communit'" $aseti }tes'ide,ntia_1 1~acilit,ies 5tudv, to addition, t}ie e istin units o not meet the minitnum occupancy, standards of :the South Plo'rida Build- ng Code► PLANNING :ADVISORY BOARD REbOp1MENbED bENIAL on March 18, 1981 by a 7 to 0 vote, �. ¢i4PiN@V{F ,r_x�55p�+.,.u§� '1.;es,t :r;•-t , .i. The site for the facility is zoned', R-3. The zoning regulations for this type of . facility do not Include occupancy limits in the R-3'zone. 'The applicant proposes' to operate'an.Adult Congre,gate;l.iving Facility,for 35 persons'. As you know; an " Adult'.Congregate Living Fatality is a facility for the elderly." In 1979, the Planning Department'prepared,'and the Commission adopted, this Community Based ResidenI a l Facilities study which set out `certain criteria�fOr the ocat�on of Community Based Residential Facilities of which Addlt Congregate Facilaties'are;,.one H Living ype. The criteria of this study for the R-3 district limits the otupanes in a..facility .. in that kind of district to 16'occupants, Thus; the proposed facility with 35 occupants would:have ;more?than`19. It would.exceed this occupancy limit:by 19 persons. In addition, the fiat l�ty is.governed,by the 5auth Flarida Owl l ing Coda -which requires for, this type, Qf a faei1iteo a-minimdm of o� square'feet';of living area,,, inthe- building: 'Per Qccupnt,Theujldin has approximately 3500square feet. A facility with 35 Qccupants would .require"a.minimum of 74M square feet, Therefore -March 18 1951 Item 1 P"A� son E i 3 X going t6 survey hd h Odtt Afid deter the how zany a p1e aye going to be well 166aud there, Mr, `Milian; that`s basicallyiy question, if you 'haveri't determihe that; why are you requestifig the Mr, Aran96,: tetaute Medicaid, ih their ihspectioh wheh they wept there, they told u that they thought"that 5'people would be well located there,' But, in. -our petition'we Have hot Submitted -a My: hUmber, This`wa"s a humber gi'veh by your 0,lanning people h the City because Virally'we told 'tle�i soy that we ;had been advised by": Medicaid ab6ut this humber of 3, But we personally don't request any number, We `request only fbr the Adult. Congregate Living raci1ity approval,- lheri MedIc61 is goihq to say well, you are good for`"twehty people or you are 'good 'for fifty, Mr, Milian; But basically, what we have here`ih our background is' an indication that the applacaht proposes to operate an Adult Congregate'Living 1=aCility for 55 persons 'and that is"hot in�accordance with the South Florida Building Code, I for one9� doh't think 35 ersohs c such 'a small space of 65gb square,�feet:� p ah 11ve 1h< Mr, Arango' I repeat, we are not going to determine how many people are going to be there, It!s going to be Medicaid who is going to make the contract ;and send Ahe old ''people there, Mr, Milian: I tell you, that`s my big concern, the number of people. I can see the need, of a facility like I this in Allapattah, MyI concern is over, the number of people that you're`talking. about, Mr, Arango: I understand you: It's our 'concern also. We are a philanthropic corporation and it's also our cohcern, lThemain question here is, we are 'talking legally, and nowadays, today, this night, legally the zoning has no provision for occupancy limits. So you might say whatever. you say but the zoning now do'esn't provide for any limits,' It's going to be limited by�the inspection of the Medicaid, Medicaid`is going to see how many toilets you've !got here; how many baths you've got here; how many beds; how are pple living here and they're ;going to appro eove and contract o send as many people asithey think is suitable in the place, Mrs. Kolski: It is my understanding that the City Commission has approved no more than 16.occupants and that Medicaid really has no say so when it comes to what the City -of Miami permits. Medicaid wouldn':t care how many you put in there as long ; as they get their" money, I wanted to ask you: This is going to be for the elderly that you have in mind, right? ` Mr,"Arango: Yes. Mrs. Kolski: Is`it going to be on'a'daytime basis? Part-time daytime?,Is"it over- night? Is it 24-hours a day? How is it going to work? Mr, Arango`: It's a live -in facility,. Mrs. Kolski; Are these peopI at.a11 retarded inanyway? 'Oare they trictly!� elderly? Mr, Arango .We are goingAo accept what Medicaid sends us through_a selection. We are, no. t'qoing 10 accept everybody, We cannot accept people who are not�ambulatory,- We are going to accept only people who`can walk and who can go by themselves, Mrs, Kolski, Do you'have a charge for your services Qr are you being funded? Mr, Aran, Not yet; We are doing to be on the Medicaid basis, Mrs, Kolski; They assure you that you will be paid? ;Mr, ,Arango Yes: Marsh l�, t911 item 1 FAB WA Aipplc; M ief Chairman, fon the fr eord,we di `d have cofie in late "tbd6y which are on Elie, '`two additional �objeoti�6ht ft�om the h6lghbort but they are fiot f-Of iected oh the°map because 15, the- iatbnOtt'ih bffil o in �They`�te oh�filt if you,d likt` to see`theta t�r s tio'kafei ar t Thank you; Mr.' Luates? MrLuaces; l have a questilJns Under this'no�,�profit Corporation study, did you take into colgl derat1of the approval of less than 15 occupaflts? MrAbtblut6ly;impossibles It would not be possible to operate its Mr, Luacest How much is the rent 'for that prpperty? Mr. Aran o. Nat only the rent, the equipment and the;etnployees. You need to g.' , j. Have a lot of employees to serve all the peopiei The old people are going'to be under, the bridges: Mr.'hlilI'd like to ask "the- Department, are you basing your recommendation for de►iial just on the number o clients, the denial of these varianc es? .Ys that the only objection? Ms Foj: Yes. That is the .only objection because according to the guidelines of our study, if this lacility were operatin g at the occupancy allowed by the South. Then would have. no objections Florida Building Code; that would be 16 or fewer: ,'we to it'based on"the recommendations of this study, We have found no concentration of Community"Based Residential 5acil,ities in the area: Mr: Milian: In other words, if he were to pre -Se t here only 15 clients you would be in a position to recommend approval? Ms fox Yes. jj Medicaid a month for the old Mr. Arango: Let's be realistic . Medicaid only pays people. If we take 16 pe11 le we are going " we pay rent opto have $4,800 a month.If in that special building of only $2500, then we cannot serve the people absolutely. We're not going;to have any money to pay ;for the people who are going to clean it the people who are going to take care of the old and the"food they need; to eat: " For that Medicaid, who is facing, he problem directly and who"is hand ling reason, the problem, don't know where to take the old people, came there and said we think it will, be'suitable for 35 people. And for that reason we are - here tonight submitting to you this question. You've got to be realistic if you want a place"to putthe old people'; Otherwise,"the old people are going to en up under the bridges: htr: Luaces:. Maybe .they made it a little stringent so- that the elder y will have Proper care and adequate living facilities. Those proponents were ourselves. Even though it's not law, we proposed it Mr`. Arango: I"understand you. But nowadays, a'house that was worth $30,000 only two years ago when you proposed that -'today ,it., worth $60,000; So everyr hing has gone up and food hasgoneup and services has gone 'up and with $300', that Medicaid is paying f;or the old people, nobody can do it.w�th 16. Mrs.,Rockafellar: Mr.,Arango, I`would like to say this, the reason for this study, we'v6.had,a lot of congregate laving facilities in the City of Miami" and upon anvestigatn0 them, they've-crowdied many people in too small a space, Now the people would be better off wherever they are now than in a facility such as you're prgposingfor 3b peoplc,�The.;living quarters; are too sml1,; Many.of the peopl. are scnilo, ;"They don't know ghat they're doing, They walk into:troffic and or " uncontrollable.' The people that usually,r0n these!01aces get themA n for thy.money that'c4mes in eut of them, say that this place as entirely too small forb peopl c n ` his f aci l a ty i' m on1_y tal ki n0 not for _you not for , nybcdy el so i nvol yid ;" r-March 18, 1981 �t�m 1 PAD - y�3.•t rz, f -H ,�'1' ��s Mrsyoc'kafellarr 'is there any funther discussion anon the hoard Meiribers Mrs, 1K61tki� 1 have a u n t m �boes�the Uildin bode comply ,ith dour figurb of 1 6 Mrs' Whi pl0 t That's fy'understandin ► Mrs, Kol`skit first of ell, my primary objection is the fact that t think inch tsy inoh our re idential iiea hbo hoods be they �1, �s2 or �3;or whateVe� are�being ` deteriorated with,thi`s kind of thingoipg in and 1reallybeiievea 1of of the people ih the area were perhaps confused by the notice and really doh't,;khow what's breathing down their necks. I have a feeling that if they truly understood the { issue they'd be here tonight or that Board would have a'lot More red on it, Now, if ` we go 'ahead and approve l6; what assurance',do we have that it is gohg to be lb while we`re hot looking! �o We have an inSpec' oh.process? Can we`bring.it back in six irtontli17 A ye6r? And look 'at it again to make sure,that they are complying With our requests? Also, if, 'they no longer re'ht the property.dots it end at that;time7 The use ofthe:property in that way?'The next tenat oh that property wouldn't be allowed t,'do the .tame:'type of hing'perhaps? That's my'question:' - Mr. Whipple: I'm not sure I caught the last half but the first'ha1f if you so desired, you:couldattach 'a condition of review or recommend attaching a condition of review after a certain�'period of ime. Secondly; per, ps Mr: Valentine will have to help me out oh this, it would be my understanding at least that"unless stipulations were made otherwise or conditions recommended by this Board, another use could replace the current one of the manner unless a condition was attached that would prohibit that, Mrs. Kolski: In other words, if they e-ve the premises whoever moves in on those premises does not have the same right to operate an Adult Congregate Living Facility? Mr. Whipple: They would have the same right unless otherwise conditioned or stipulated in the approval by the City Commission. Mrs. Kolski: I would like to arrange it so that if anyone new should rent the: premises that they would have to reapply because we`would have to examine what they want o do'with, 'it. Mrs. Rockafellar: Is there ;any further discussion? The Chair is ready for a motion. Mrs. Kolski; I feel I can't make the motion because I'm against this kind of thing going in a residential neighborhood so if anybody ,else would like to, go right ahead. Mr. Manes: Mme. Chairman, I'd like to move that we deny approval: of this petition. Mrs: Kolski: A second;, that. Mrs, Rockafellar: There's.a,motion on ,the floor Mr, Manes, seconded by Mrs. Kol ski to deny., Is thoreany discussion, `on the motion? Ca11'_the Roll'. please. , Return Notices opposing petition 'were received in the mail from property owners` of record, 2 ReturntVotices favoring pettion:wero received in the mail from Property Awners of r oord, .9. March 18, 1981 1tcm, .1 PA5 1,