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HomeMy WebLinkAboutLegislation FR/SRSecond Reading Ordinance City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00598 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED" PLANNING AND ZONING", MORE PARTICULARLY BY CREATING ARTICLE XV, ENTITLED "GROUP HOMES", IN ORDER TO STRENGTHEN MUNICIPAL OVERSIGHT MEASURES AND CODIFY THE INSPECTION ACTIVITIES TO BE PERFORMED BY THE PLANNING AND ZONING DEPARTMENT WITH REGARD TO ASSISTED LIVING FACILITIES, COMMUNITY RESIDENTIAL HOMES, ADULT DAY CARE CENTERS, ADULT FAMILY CARE HOMES, TREATMENT FACILITIES, OR SIMILAR GROUP HOMES, PURSUANT TO FLORIDA STATUTES CHAPTERS 419 OR 429, AS AMENDED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") must formalize a procedure for the establishment and regulation of Group Homes pursuant to Florida Statutes Chapter 419 or 429, as amended ("Statutes"); and WHEREAS, several types of Group Homes (i.e. assisted living facilities, community residential homes, adult day care centers, adult family care homes, treatment facilities, or similar group homes, pursuant to the Statutes) are located within the City; and WHEREAS, Group Homes require a certain level of local assistance and regulation, pursuant to the Statutes, in order to maintain the vulnerable residents who live in these Group Homes safe; and WHEREAS, the additional oversight is within a municipality's purview as long as it is not in conflict with state statutes; and WHEREAS, safety concerns for our neighborhoods as a whole are important to all who reside within the City; and WHEREAS, the City Commission finds it in the best interest of the City citizens to amend Chapter 62 as follows; NOW, THEREFORE, BE IT ORDAINED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 62 of the Code of the City of Miami, Florida, as amended entitled "Planning and Zoning", is further amended in the following particulars: {1} "CHAPTER 62 City of Miami Page 1 of 4 File Id: 13-00598 (Version: 1) Printed On: 5/13/2013 File Number: 13-00598 Sec. 644-649. Reserved. PLANNING AND ZONING ARTICLE XIV. PUBLIC BENEFITS TRUST FUND ARTICLE XV. GROUP HOMES Sec. 62-650. Regulation of Group homes pursuant to state law. (a) The intent of this Article is to process the responsible and orderly placement of Group Homes with 14 persons or less, within the City, pursuant to Fla. Stat. Chapters 419 or 429, as amended. It is also the intent of this Article to monitor initial and continuing compliance of these Group Homes, on a yearly basis, with regard to state licensing, distance requirements, and compliance with all local, state, and federal laws. (b) The City will maintain an updated database, within the Department of Planning and Zoning, of all Group Homes within its municipal boundaries, especially those affecting residential areas, to be updated monthly with the latest information from all participating state agencies. Sec. 62-651. Application for Group homes. (a) Group Homes pursuant to this Article are defined as those assisted living facilities, community residential homes, adult day care centers, adult family care homes, treatment facilities, or similar group homes, pursuant to Fla. Stat. Chapter 419 or 429, as amended. (b) Applicants pursuant to this Article are defined as those persons requesting a reservation for a particular location or an application for a particular location in which to open or run or continue to run a Group Home within the City. (c) Any Reservations or Applications shall be reviewed as follows: 1. Reservations or Applications for a Group Home within the City shall be processed per location for a 180 day period while the Applicant submits to the City the required state licensing documents, sworn distance surveys pursuant to Fla. Stat. Chapter 419, as amended, the City application forms and supporting documents, and any other information requested by the City. 2. The Planning and Zoning Department will review the information and conduct an independent review of the following: (a) compliance with the uniform fire safety standards pursuant to Fla. Stat 633.022, as amended, including but not limited to, a Fire Marshall inspection of the proposed location. ILDj compliance with the provisions of the Florida Building Code and City zoning ordinance (i.e. City of Miami Page 2 of 4 File Id: 13-00598 (Version: 1) Printed On: 5/13/2013 File Number. 13-00598 building and zoning verification of the site) i. The Planning and Zoning Department and the Building Department will send City inspectors to the location to verify the use of the property is in compliance with the Application. ii. Such inspection will include a review as to the amount of residents, uses, and compliance with the building and zoning codes. (c)compliance with the state licensing agency's requirements; i. The Planning and Zoning Department will send a City inspector to the location to verify state licensing is valid; ii. The City inspector will follow up with the state agency regarding licensing verification. (d) compliance with overconcentration (distance review) pursuant to Fla. Stat. 419, as amended. i. The Planning and Zoning Department will send a City inspector to the location to verify and confirm the distance survey complies with Fla. Stat. Chapter 419, as amended. ii. The City inspector will independently measure the distance requirements. (e) If the Applicant requires additional time to process and submit all the requested information above, the Reservation or Application must be renewed for an additional 180 days. If the process is not completed within the two (2) 180 day periods provided above, the Reservation or Application will expire and a new Reservation or Application cannot be processed on that property for 30 days. Lfl Such review cost shall be as stated by the Miami -Dade County Code, as amended. Sec. 62-652. Annual Zoning Renewal for Group Homes. (a) Group Homes pursuant to Fla. Stat. Chapters 419 or 429, as amended, shall be reviewed annually for compliance with local, state and federal laws. (b) They shall be reviewed as follows: 1. Pursuant to this Article, once established as a Group Home, pursuant to Fla. Stat. Chapters 419 or 429, as amended, there shall be Annual Zoning Renewals. 2. These Annual Zoning Renewals are defined as yearly reviews requiring City inspections to receive Annual Zoning Renewal letters after the initial first inspection to establish a Group Home. 3. These inspections will ensure the following: (a) continued compliance with the uniform fire safety standards pursuant to Fla. Stat § 633.022, as amended, including but not limited to, a Fire Marshall inspection of the established location. (b) continued compliance with the provisions of the Florida Building Code and City zoning ordinance (i.e. building and zoning verification of the site). i. The Planning and Zoning Department and the Building Department will send City inspectors to the location to verify the use of the property is in compliance with the original Application. ii. Such inspection will also include a review as to the amount of residents, uses, and continued compliance with the building and zoning codes. (c)continued compliance with the state licensing agency's requirements; i. The Planning and Zoning Department will send a City inspector to the location to verify state licensing is valid; ii. The City inspector will follow up with the state agency regarding licensing verification. City of Miami Page 3 of 4 File Id: 13-00598 (Version: 1) Printed On: 5/13/2013 File Number: 13-00598 (d) continued compliance with overconcentration (distance review) pursuant to Fla. Stat. 419, as amended. i. The Planning and Zoning Department will send a City inspector to the location to verify and confirm the distance survey complies with Fla. Stat. Chapter 419, as amended. ii. The City inspector will independently measure the distance requirements. (e) The annual uniform fire safety standards inspections, annual building and zoning verification, annual state licensing verification (submittal of annual state license renewal to the City and verification), and annual distance overconcentration review costs shall be as stated by the Miami -Dade County Code, as amended. Sec. 62-653. Name Change. Request for name change on a site will require a new Application and review as stated in 62-651. * *II Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty days after final reading and adoption thereof and will apply to solicitations which have not closed, and for which addenda may be timely issued. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File Id: 13-00598 (Version: 1) Printed On: 5/13/2013