HomeMy WebLinkAboutO-0838510
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OR 3INANCN No•
Aid oRBINAMCE AMENbINd ORbINANCE Met 6871,
THE COMPREMEM8 VE teNINO ORD L ANCE OP THE .
CITY OP MIAMI, EY AMENbINC SECTION 2r,
ENTITLNb "bEi INITIONS" , TO PRO tIbE bEPINITIONS
POR SUBSTANCE ABUSE, AND RESIbENTIAL ANb NON-
RESIbENTIAL SUBSTANC8 ABUSE FACILITIES; REPEAL=
INC ALL okbINANCES, CObE SECTIONS, OR PARTS
TI#EREO ' IN CONFLICT; AND CONTAINING A SEVERABILITY
PROVISION.
AREAS, the Miami Planning Advisory Board at its
meetingof February 5th, 1975, Item 41, following an advertised
hearing adopted Resolution No. PAB 7-75 by a 7 to 0 vote
recommending an amendment to the City of Miami Zoning Ordinance
No. 6871 as hereinafter set forth; and
WHEREAS, the City Commission deems it advisable and
in the best interest of the inhabitants of the City of Miami to
amend the Comprehensive Zoning Ordinance No. 6871 as hereinafter.
set forth
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE..
CITY OF MIAMI, FLORIDA:
Section 1. That Article II, Section 2, of the City
of Miami Zoning Ordinance No. 6871 be, and the same is hereby
amended to include the following definitions and terms:
(88-A) Substance Abuse
Excessive or illegal use of drugs, narcotics, and other
hallucinatory substances (not including alcohol) which have
created personal dependency on such substances.
(88-B) Substance Abuse. Facilities - Residential
A residential treatment center providing a 24-hour therapeutic
program for the treatment of substance abusers,
(88-C) Substance Abuse Facilities - Non-residential
(1) methadone Maintenance Facilities
A facility which dispenses methadone as part of the rehab-
ilitation process. In addition, it may provide ancillary
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rehabilitation services, inClUding coUnselling to groups
and ihdiVidUais, vocational training and placement, and other
appropriate approaChe6 aimed at affecting positive life
stiles to the opiate addict
(2) Hotline Facilities
A facility providing talcphone.eofirnuniCation to substance
abuse victims and.the public..in the form of information about
'drugs, -treatment facilities, emergency needs, and personal
problems
(3)
Educational Facilities
A'facility providing drug -specific information to youth,
to the general'public and to families of drug dependent
.persons in order,that'a'better understanding of the drug
culture and problems involved may be gained..
(4) Outpatient Facilities
14 A facility providing counselling, therapy, and referral ser-
vice to drug -dependent persons, periodically.
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(5)
Day -Care Center
A facility: providing counselling therapy and referral_ service to
drug dependent persons on a daily basis.
(6).' Rap Houses
A youth oriented facility acting as a reception .center, for
drug -involved young peo}:ie. It relies on the supportive
service of peer involvement through rap° sessions. It pro-
vides referral to'other social services and medical agencies.
The facility may be a storefront, house, or building located
within the socialsetting of the population served.
Section 2. All ordinances, code sections, or parts
thereof in conflict herewith, insofar as they are in con
f lict, are hereby repealed.
Section 3. Tf..any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional inoilorat.ive,' or void„ such holding
or invalidity shall not a4'foc't the remaining portions of
this ordinance; and it. Shall be construed ` to have bon the
intent of the Commission of the City. of Miami to pass this
ordinance without Pucrh
uncOnstitutional,'invalid, or inoper-
ative part therein; and the remainder of this ordinance,
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after the exoltisioh of such part or parts shall be deemed .and
held to be va 1id as if such parts had hot been ihdlt;ded therei h4
ASscb ON, %1ttS' REAbtN( tip' '1:'ITLN OWAY this_ _... .
clay of
MARCH
1975,
PASSED AND ADOPTED ON SECOND AND FINAL READING
13Y TITL8 oNLY this 4 lay of APRI L , 1975
MAURICE A FERRF.�.,
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H. D. SOUTHERN
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CITY CLERK
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
•
JOHN S . LLOYD
City Attorney
MAYOR
M1AMI R VItVV
At'ib bARN ilECORb
Publtstrt4f betty &c61 Saturrtaj't 5tcr'trtdy aiut
Legal ttutirtuyi
MMtiar t /'')acre CoItniy, nothZd
STATE bF FLORIDA
COUNt'Y 00 bAbE:
Refnte the Undersigned Authority personate 3O-
ppeered Martha brobnie, who on -oathragathat "she
i.: the. V.P., Legal Ads of tho t ang Review and
Daily Record, o daily, (dxcapt Saturday, Sunday and
- Legal Holidays) newspaper published at Miami in
Dads County, Florida; that the attached cap» of adver•
tisement, being a Legal Advettisernent or Notice In
tho mattet of
city of . PtiFttrd t Florida
Re: ORDINANCt NOS, 8381.-
8382-8383-8384-'8385-8386-
$ 87'~-g388-8389-83890, etc..
In the ?::.X , Court,
was published In said newspaper in the issues of
Aril 17! 1975
Affiant further says that the said Miami Review
and Dairy Record Is a newspaper published at Miami,
in said Dade County, Florida, and that the said news-
paper has heretofore been continuously published In
said Dade County. Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mail matter at' the post office in Miami,
In said Dada County, Florida for a period of one year
next preceding the first publication of the attached
copy of advertisement; and a•fient, further says that
orecorpornationeranyddiscount, promised
e, commisstcniror
refund for the purpose of securing this advertisement
for publication In the said newspaper.
,Swoory o �chf rsnb�t d et a me this
17 th�d�y ct�.. April
1'" \ I "fiuth trite
• N tar 'ubiee .Stata,.akFRfrl at Large.
(SEALt \,1 F� n �, 1 ./�
My commission exprr f ar iV, 9.77
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,4N OI:h(N:\Nr1•• !•'NTF±'T)-
1':- THE \tt.l�fr'-T),\D`r
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(•t•;,:T It TN'h" I:t, f 7r7NING
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4N ORDTNANCE - avlEND-'
ING ORDINANCE -NO. Font.
T H T: COMPREHENSTVT•;
' TONING ORDINANCE. FOR.
I THE r1TY 07 • MIAMI CY
CHANGING, 'THF. ZONING
CI. rat;;.^-\TI(iN, FROM
1:•:. ,TWO. FAI4ILY),'. C•2
rr'(+\t!:UNITY Cr'1M 111:It•
CO.I\iERC1.1L1 TO;
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i tt . ti;':S'1,F i;if: rI•.N. -
'fit \t. GROVE DISTRICT
.\S s.IIC V N ('N .THE ;1.\P
ATTACHED )IERF.TO AS
1• NininT "A" .AND MAi)E.
-\ P:r::T It? RF-rr F:Y
:'+:•• 1'iti Nr',CFS±:tg'f
rlL\Nr;t'3 IN Tiff, ZONING
1-!a'iruCT NL•\P, M.1T)Y. .A
1'.\I'•T . (I' S.\ID ()RIM-
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1':t'S.E AN`) atcri7cN.
1: x.t, .AND No' -,ESfr :N-
T1\i
FACILITIES: 17.tl.tNG
.ALL OP. DI 3,\`;r`.?:S. rflt,ti
,5:.•r^IONS. OR P,+PTS
TIIE.RFr+=' t'- C'ONELtCT
ANT) rONT.kIvtNG A EA%.
1:.\3F;•IT'i PROVISION.
:xo , '1'}it'RL-rtF IN •-•C�NFLacT•
n \1 E
T:-r ='•`(' ,+N13 CONI AINtNG A SEV-
ORDINANCE. NO. S-0.32 j i';(A3:LiTY PROVISION
\N Y)?nTN.1Nrt•: \Sit\1i- � ' ..
Oi?t)INANCF. N1 . ;t3AT 1
INC O):tr)1NAXC=' NO., I S71.
'I' it r"r?S1PR:'tIENSI4'1: .1N (+Ttl)tNa�:r�;- 1:\t!:Nn-
7nNtNr i1RIIIN iN(F FOR INn OR DIN +Nrs•: !:rt.
,, THE CITY OE .ITAM1 TO d' }i 1-1 t'nSIPnr1it•NStVI-:
I`:i t.t.:D .\ `'':+'% ZONING ZONiNr; ORn:NANC1' FOR.
i'. \1tT1rLT •:Iv•t. THE (rrY OP tt1.+ti1t:,11Y
S T' T: C' I A L COM�ttisI•CY 1NCL.CIANr, RF:;;II)''NTIA1..
COM�tF:RCt.+I. - ('-2A I)! -
i R1C t', PROvtD1Nr FOR •
iNT:'N1'. t.'SE R'
TtON s. LIMITATIONS. ON.
S r S.PI?DEST1tUa�t.
5Tt:EF.T. AREA. ?Ait1)S. .
' HEiGHT. FLOOR ArtEA
ItATTO, FLOOR .AREA PRE-
\:1C `.1S 1'.+Pr:TNG.. AND
Sill,:ANT) T7r'\'t'i OP\TENT
Pt.+N 1PPRr+V-\L, AS
IIz:1:EINAFT FIR SET
:•r7t, ri1: P"1','"..\t.INC; ALL
ortatN,s :CPS ("T)r C-,C-
rt:7`:�.tr.4r!'r•S THFP.«
rt IN C0`'FT.'.CT. INSO-
-r':\I. AS THEY ARE IN
r,-,-:; r tCT• +N1.) Cr)N-
r. t-' 'tiNr; \ ST:\'ER:\IIII I'CY
OT',IIIN,\NCE NO.
'• +•; Ctt'1,ttiANr1: ,\MEND-
INr; OttDI\.\NCI•: N0,
r IT 1, ('(111"T714FNSIVF.
707;1N•; Oni IN\NCE OF
r:TY (t?' MIAMT. BY
ADDING A N'''\' SECTION
f To .\RTICLF. N SIV.
..S t (= N s•, t'FPEALtNG
ALT. r'•PDIN.\Nr-ES. CODE
sFcTIONS Oit' PARTS
1'tI>'R01.• TN rONFLICT
INSOFAR 1S THEY ARE
iN r()NFLICT: AND CON-
TAINING ,\ SEVERALcll.•
ITY PROVISIONt. • /
St•}2ST-NCE ARt'S1: 'FA- 1
rILtTit.% AS A, CONDI-
TIONAL t1SF:.IN A}f 'T(:t,E
\'1 (?i•?- TWO.Ie A M It? t
i)\VF.I.LtNr; DISTRICT): t
REPEALING A}.1, ORDI-
NANCES. CODF. 't•'CTIONS.
OR P'ittiS TH-Jtvr,)F iN
CONVI..TCT. INSOFAR 1S
TII Y ARE 1N r'rNl'LIC'C: I
ANI) coN1 A1N1Nr: -.\ SEV-
E R:ABILITY PROVISION.' •
ORbINANCE NO. SZISS
AN . ORIMN.ANrE AM END-
IND ORI)1N ANrt: NO cart.
'r n re CO\tP!?F}I+'N SIVE
ZON1Nr: ffniY+X('^ FOR
TH'r' CITY OF \I1 \tt: iIY
7Nr'LCl!1NG �'n�t-RFRl-
nt: C•'t�c•1'.4?:CI•: !
Ant cr F- CTt. 'Tt-'S 1S A
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TtCt.T: ViiI 'NI t n I it \L
t)F.Ns.riTY . Nf►'1.T17'I. -R A
DISTTtlr't'I • 1'F.P1:.11 INO ' t
nRn1NANr'L:S. ("OM: • 'ii
SECTIONS. ORP ' RTS) i
'TCIF.REOF IN rfNFI.t('T.''
INSOF,\Tt: \RE(
IN CONFLICT: ANI) CON-
T,%INING A S1:\'r RARIL/ I
ITT PROVISION.
'
ORDINANCE NO. 8:93
:AN OR1)ItiANCE,".t\1END-
ORt)IN.ANCE NO. SW INC , .
•. T. 11 F:ORDINANCE. CCYMPP.F:HF•NNOSWaR7iI
- ZONING O1t1):NANCF FOR =..I
THE ("IT? OF :•17.\`.l1 RY
7Nr'Lt?DTN(� NON•RFS1
1)FNTTAI. ,' St'}351ANCF.•- N•
F•\CILTTI'vS 1S 1 i
rF RM11"r}:D' t.'F IN \R-
TICI.E..tiIT• (LOCAL. COM--
M ERCIAL.--C•1 DISTRICT):
rtFPEALING ALL (P.UI-,
N.\NCES. CODE St rTIONS. -
OR• PARTS TH} PFOF IN t
CONFLTC'P.. INf•nF•AR AS
THE:Y ar>}:..IV Cn1:rt.ICT:
\NI) CON1:\iNINr: A atx j" 1
i:a APILITY -PROVISION.,
ORDINANCE NO..S39')
AN . F .(rr?r;f N:rY (R1)1. t.
NA*Yrs- ' T.\BT 'q.-Tri r; 4N
ADVISORY COMMi'TF.1
OV • ','A!:r'', Aftt:SF: •i
PROVIDING Fnp. r()M-
Fn�1TION. TFRMI OF 0E-
11013. Pt'Tpnct•: •;ANT)
Y,i••S1ONSIBIl.ITY. CON.
DCCT, OF :•IG'F-r; rfi. -RE*,•
P' RT AND tac'rn`I\tF:NT).A-
I
}'i:.11.INf.1 Alf. OY.UI TI0'.. T?FpEAL,11'(; .4T,34'
N.\Nr:'-S. Mn}': SECTIONS.: ORD►N.» CrS..rnr,R. C'•Y`r, i
I•.\i:73 i it'^,F:OF IN..- TIONS OR PARTS TITERE,
cvN.'I-ICT• .,INR(;'.A.It -#S - OF IN (!0N7,rrT tNSOF4R
'I•rir:t C' X i.i(: i ;; AS THEY .ARE IN cos.
AN;) (•0NT.\ININ,T .\ SFS', . Fl.Trm, rn,:m\I";1'`'V '\
1-:: ' t I l.IT i i :113t^ZION ; ST:VERAaILIT! PBQVI' •
AN1) F'vr1,'I*)r°: ,.FOR,AN $!ON
11 17 ,;ri1THERN -
.(•1TS• (`T.t`Taw: .
(ITN' OF -MI AMI
' Pt:lr+lotittert of thta n' 'np on
;t'+' t ih '',PI rxyt 1, 19:%. 4
ti/17 ' -;i' al 4(Tdtit. ;
1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MSMORANDUNI
'°' Hon. J. L. Plummer
Vice -Mayor
FRO John S . Lloyd
City Attorney
March 28, 1975
Fit
Substance Abuse Ordinances
REFERNCES:
E:NCLOF,URES•
At the time the above captioned Ordinances were passed on First
Reading it was your recommendation that a change be included prior
to Second Reading which would make the Commission aware of any
substance abuse facilities which will be permitted in the City on
Conditional Use.
As you know, at the present time, the Zoning Board has final
authority to grant Variances and Conditional Uses (subject to an
appeal to the City Commission) . Section 6 of Article XXXI VARIANCES,
and Section 4 of Article XXXII CONDITIONAL USE of the Comprehensive
Zoning Ordinance provide that an appeal may be taken to the City
Commission within fifteen clays after the date of the Zoning Board's
decision. These Sections also provide that any person or persons,
jointly or severally, aggrieved by any decision of the Zoning Board,
or any officer, department, board, commission or bureau of the City
may take such an appeal.
Instead of amending the Substance Abuse Ordinances, I would, subject
to your approval, propose the following amendment to the Sections
hereinabove referred to.
"It shall be the responsibility of the Executive
Secretary of the Zoning Board to furnish each
member of the City Commission with a copy of any
Board Resolution granting an approval under this
Article within forty eight (48) hours after it is
passed".
This amendment would keep the Commission advised of all Variances
and Conditional Uses granted by the Board and allow the members of
the Commission sufficient time to file an appeal if it is deemed
necessary.
JSL/MEA/s
02114,?'n•--- / ,C
j' l
s
iteoonsideration of atendmehts to Ordih ltci NO, (43/1,
the City of Miami Comps+ i'tenai.ve Zohing Ordihattce,
establishing within cr>taiti classifications the
location of Substance Abuse Centers, providing
standards for their appropriateness, and establishing
and Advisory Cofitrittee on Substance Abuse who shell
serve as a reviewing body to the City Administration,
Planning and Zoning Boards, and City Commission.
Stretary filed proof of publication of Legal Notice of Haring,
as administered oath to all persons testifying at this Hearing.
PLANNING DEPARTMENT RECOMMENDATIONS: January 1, 1')7 5
AMEND ARTICLE II - Section 2, DEFINITIONS, AND ESTABLISH TEII'.
FOLLOWING TERMS:
(88-A) SUBSTANCE ABTJSF FACILITIES - RESIDENTIAL
A residential treatment center providing a 24 hotiv therapeutic
program for the treatment of drug dependent persons.
(88-B) SUBSTANCE ABUSE FACILITIES - NON RESIDENTIAL
1. Methadone Maintenance Facilities
A facility which dispenses methadone as part of the rehabilitation
process. In addition, it: may provide ancillary rehabilitation
services including counselling to groups and individuals, vocational
training and placement and other appropriate approaches aimed at
affecting positive life sF 1es to the opiate addict.
2. Hot-line Fz lities
A facility providing telephone communication to substance abuse
victims and the public in the form of information about drugs,
treatment facilities;, emergency needs and personal problems.
3. Educational Facilities
A facility providing drug -specific informat:ion to youth, to the
general public and to families of drug dependent persons in order that
a better understan•iing of the drug culture and pr.•oblems involved
may be gained.
4. Outpatient Facilities
A facility providing counselling, therapy, referral to drug dependent
persons in a periodic manner.
5. Day Care Center
A facility providing counselling, therapy and referral to drug
dependent persons on a daily basis.
6, Rap Houses
A youth oriented facility acting as a reception center for drug
involved young people, It relies on the supportive service of peer
involvement through "rape sessions. It provides referral to other
social service and medical agencies, The facility may be .a store—
front, house or building located within the social setting of the
population served,
February 5, 1975 Item 1
PAB
AMENt,ART/CLt IV by adding a hew Section 43 as follows:
SUBSTANCE AtUSt FMILITIES
All proposed residential facilities shall, prior to consideration of
Conditional Use Approval, be reviewed by the Advisory Committee Oh
Substance Abuse, The Committee, upon concluding its findings, shall
submit its recommendation to the Zoning Board. Prior to the granting
of a certificate of use or occupancy by the Building Department,
non --residential facilities shall be first reviewed by the Advisory
Committee on Substance Abuse. Recognizing the need to establish
minimum standards to both community residents and the occupantof
substance abuse facilities, the following conditions and standards
shall apply for the esu,.blishment and/or expansion of substance abuse
facilities.
(1) • Standards. The following minimum standards shall be
adhered to with the establishment of all future
residential facilities.
(a) Minimum Lot Size - twenty thousand (20,000) square feet.
(b) Housing Standards - all proposed facilities shall
meet minimum housing and livability standards
established by the City of Miami Housing Code.
Proposed facilities shall be reviewed to determine
th-,ir adequacy for supporting each program's
objectives, consideration for convenience, free
circulation, privacy, ventilation, light and air,
crowding and like matters shall be evaluated.
(c) Location :'tandards
The location of programs of a similar nature in close
proximity to those in existence shall be evaluated
in accordance with the following objectives:
To distribute according to catchment area standards.
To discourage massing in transitional neighborhoods.
To balance geographically the location of facilities
with drug abuse intensity.
To maximize upon existing facility rr.sources
through recommended operational or modal changes.
To strengthen operational arrangements between
facilities to meet changing demands.
However in no instance shall programs of a similar
nature under separate management be located a distance
of less than one -quarter (1/4) mile or thirteen hundred
(1300) linear feet of each other. Measurement shall
be from the main entrance of each facility along the
route of ordinary pedestrian traffic.
(d) Yard Areas
rear - 20 feet
side - 10 fnet
front - 20 feet
3- February 5, 1975 Item 1
PAB
(e) Parking
One (1) space for each staff member and one (1)
space for each four (4) occupants. Waiver of
occupant parking may be permitted based on the
following factors:
Proximity to mass transit, employment area or
community facilities, auto ownership and visitation
policy.
(f)
Open Space
Open Space shall be provided to facility occupants
based upon the following schedule:
First 10 occupants - 150 sq. ft. per occupant
10-15 occupants - additional 100 sq. ft. per occupant
15-20 occupants additional 75 sq. ft. per occupant
25 occupants and over - 50 sq. ft. per occupant
At least fifty percent (50%) of the required open
space area shall be at ground level.
(g) Landscaping
One (1) shade tree for each one thousand (1,000) square
feet of yard area shall be provided. Where this
provision is not met at the inception of the facility's
establishment, other provisions for attaining shade
in open space areas where site occupants may be
afforded satisfactory outdoor spaces to pursue leisure
time activities may be considered.
(h) Proximity to Support Services
Proximity to or the availability of public or private
transport to satisfy occupant service needs shall be
evaluated to minimize travel and encourage the
establishment of facilities at locations where they
may best accord the occupant a wide range of services
essential to his physical, social and economic well
being.
(i) Ingress and Egress
Drives for ingress and egress shall be restricted to
no more than one (1) drive for each fifty (50) feet
of frontage
(j) Expansion
The expansion of existing facilities shall be
evaluated in the same manner as establishing new
facilities.
Amend ARTICLE VI, SECTION 1 by adding a new sub -paragraph (d) to
paragraph (4A) ARTICLE VI, Section., (R-2 - Two Family Dwelling
Districts) to read as follows:
(d) Substance Abuse Facilities - Residential, in
accordance with ARTICLE IV, Section 43.
February 5, 1975 Item 1
PAD
Amend ART1Ctt Vill, Ry4 (MediuM Density Multiple) District, Section 1, ,
by deleting (11) , (c) , in its entirety and adding a new paragraph
(11), (c) to read as follows:
(c) Hospitals, sanitariums (not ineludilg mental
institutions), convalescent homes, turning homes,
substance abuse facilities - non-residential
(as defined in ARTICLE II, Section ., (88-8) and
in accordance with ARTICLE IV, Section 43),
medical or dental offices and clinics.
Amend ARTICLE XII (C-1 District), Section 1., by adding a new
paragraph (31-E) SUBSTANCE ABUSE FACILITIES - Non -Residential as
defined under ARTICLE II, Section 2., (88-B) and in accordance with
ARTICLE IV, Section 43.
Mr. McManus: Mme. Chairman, as Members will recall you
have previously considered this particular Item, and in fact, the
Board has had two workshops previously on this Item, and you have had
two Public Hearings; and by Planning Advisory Board Resolution
No. 41-74 of September 4, 1974, you passed essentially this same
recommendation.
However, our Law Department has determined that they are
not satisfied that we properly conducted the proceedings in accordance
with the'Government in the Sunshine' which I'm sure you're all aware
of. Mr. Dooney, Chief of Current Planning, is going to present the
recommendations.
Mr. Dooney: Mme. Chairman, Members of the Board, the
matter that has been presented to you tonight has been presented on
three previous occasions, twice for Public Hearing. As Mr. McManus
has pointed out, our Counsel the City Attorney, has some reservations
about the submission and preparation of the amendments because the
Substance Abuse Advisory Committee did not maintain formal minutes
nor hold a Public Meeting.
Now 'his matter was resolved on January 6th of this year
when members of the Substance Abuse Advisory Committee met and
formally considered all of the amendments that they had prepared
previously ou June 6th, 1974 and re -adopted the amendments which are
before you tonight and set out final draft, Planning Department,
January 15, 1975.
There has been no change at all in the substance of the
amendments that are before you tonight and we would recommend that
you would endorse these amendments so that we can expeditiously
forward them on to the City Commission for adoption. If you like,
and for the benefit of the audience, I will quickly reiterate what
the content of the Substance Abuse amendments are.
First of all, these amendments will establish for the
first time within the City of Miami, within certain zoning classifi-
cations, the location of Substance Abuse Centers. It will provide
standards for their appropriateness and establish an Advisory
Committee on substance abuse and shall serve as a reviewing body
to the City administration, Planning and Zoning Boards, and the
City Commission.
ARTICLE I, Section 2., provides for Definitions with no
change since the June 6th draft which was transmitted to you. In
essence it provides for residential facilities and non-residential
-5- February 5, 1975 Item 1
PAB
facilities falling into the following classifications:
, Methadone Mintentined racilitiee
t. Hotline l'acilitlea
3. Educational paciiities
4. outpatient pacilties
5. bay Care Center
6. Rap Mouses
As far as Standards, the provision provides for review
by the Committee and that all residential facilities will be
considered as "Conditional Use" in the R-2 upward; providing
standards for lot size, housing, location, yards, parking, lara-
soaping, open space and other matters which are germane to the
establishment of these.faci.lities.
It provides for an amendment to ARTICLE VI, Section 1
providing for these facilities in the R-2 district on "Conditional
Use". Likewise, it provides for an amendment to ARTICLE VIII,
R-4 district for non-residential facilities and the amendment of
ARTICLE XII, C-1 district allowing for non-residential facilities.
Mrs. Rockafellar: Are there any questions?
Mrs. Fernandez: Yes, Mme. Chairman. I don't see the
reason why we have it in front of us. The only difference that I can
see is Section 41 for Section 43, that's all.
Mr. Dooney: One of the principal reasons is because the
earlier submission to you called for an amendment to ARTICLE IV,
Section 41. This was back in September of 1974. Subsequent to that
date, you adopted a Section 41, which is Site Plan Review. So from
a technical standpoint, this is one of the reasons why it's before you.
In the same order, the City Council has requested that the matter be
brought to your attention again for re -adoption.
Mrs. Fernandez: Except for the change in 41 from 43, if
there's any ot1,1r reason, I don't see why we have to re -adopt the
whole thing instead of saying it is to read 43 instead of 41? But to
reconsider the whole thing simply because it was 43 instead of 41 -
Mr. Dooney: Mrs. Fernandez, your points are well taken.
I would like to have them addressed by our City Attorney who has
counselled us in this regard to bring it to your attention once again.
Mr. Anderson: I think I advised the Board one time, about
the town of Palm Beach vs. (Gratigy) where - I don't know whether I
should go into this whole thing - do you recall that? That the
'Government in the Sunshine' law was not met because in Palm Beach..
The town Council, which is like our City Commission, appointed a
special group of citizens to review the zoning ordinances with the
Planners, and because they didn't meet in the "sunshine", the entire
ordinance was voided, and therefore, I felt that we had a similar
situation in this case where the Substance Abuse Committee did not
meet in accordance with the 'Government in the Sunshine' requirements
or at least it could have been considered that way.
So, after
you had considered it a case came to my attention
and I talked with the City Attorney and we decided that rather than
send it to the City Commission in that we we'd start from the
beginning again and go through it. We apologize for the delay, but
we felt that in order to have a valid ordinance on the books, it would
-6-� February 5, 1975 Item 1
PAS
be worthwhile going back and starting from the beginning and having
that one meeting in which we took Minutes, and whic?i was an open
meeting to the public. That's why it here tonigh.,
Mrs. Alexander: Where was the notification of this
meeting, please
Mr. Anderson: There was no real notice required. we
have several meetings all over the City, but it was an open meeting to
the public.
Mrs. Fernandez: But still, none of the Board Membe-s
were involved in those meetings because I have never attended arty
meeting which has not been a public meeting. Has some of our Members
attended those meetings against the "Sunshine Law"?
Mr. Anderson: These are a special group of people that
were appointed by the City Commission.
Mr. McManus: Mrs. Fernandez, during the time that Mr.
Dooney was preparing the proposed ordinance, and this period of time
ran from approximately January of 1974 and subsequent to that, he
had working with him as sort of a Task Force, a group of people who
are well versed in substance abuse. They were operators of various
establishments.
The Law Department felt that because they were so
intimately involved in the proposed legislation, that,that particular
group did not keep Minutes of its meetings as it met with Mr. Dooney
in the Planning Department; that we would be open to some legal
attack in the future based on the case that our City Attorney has
found out. So that, in order to sort of clear the books we had
another meeting of the particular Task Force that assisted Mr. Dooney
in preparing the ordinance; prepared Minutes for that meeting that
clearly show a record of an open meeting and now we are re -introducing
this legislation.
Mrs. Alexander: Mme. Chairman, I understand the concern
of the Law Department. However, my recollection of this is that we
had a number of Public Hearings and in each case practically every
member of that Task Force, at one point or another, testified in
public here and I appreciate the apologies, but it occurs to me that
this is a shocking waste of experts time since they already had
appeared in a public session before this group; and the input that
they gave on it ( I hate to use the word 'input', it sounds so
computery) but the testimony that they gave in support of the
ordinance that you had worked out was clearly stated in the Minutes
and was of public record. There certainly was a lot of public, but
I'm just sort of embarrassed that these people were put through this
extra time. All of them experts. All of them with very, very
pressing other duties and it occurs to me that committees do work,
that the Department doesn't work in the 'sunshine' when they prepare
ordinances. You called upon experts; then you have them here on a
public record with public notice and I just can't understand it.
I appreciate the fact that you're worried about it
being challenged in this regard but it seems to me with the two
Public Hearings and the two workshops that we held here, should have
been sufficient to consider this "Government in the Sunshine" and
I'm just expressing my opinion here. I think it's too bad that so
much has been expended. Thank you.
February 5,975 Item 1
PAB
Mrs. Pernandett On September the 4th we had a Public
Hearing and we had this as Item 4 with Dr. Sheppard, Mr. booney,
Mr. Harris, if t remember correctly, Mr. Lincoln, we had all of then
appear in front of us and to the best of my knowledge, complying
with all the requirements of the "Sunshine Law" in a Public Hearing
a meeting open to the public.
Mr. Rooney: Mr s . ?ernandez and 1 ors . Alexander your
.coterents are well taken. Here again, I can certify that the
Advisory Committee feels that there's been no harm here. We feel
that it would be best to follow the Counsel of the City Attorney's
office rather than to jeopardize the legislation at a later di..e.
I think the other matter here is that we are aware of
"Government in the Sunshine".
Mrs. Fernandez: Mme. Chairman, I'm ready to move.
Mrs. Rockafellar: One moment, Mrs. Fernandez, this has
been advertised as a Public Hearing. Is there anyone here wishing
to testify on this? Being none, we will close the Public Hearing
and the Chair is ready for a motion.
Mrs. Fernandez: Let me ask this then. Did we notify
everyone involved in this Public Hearing? Did we send notices?
Did the Department send notices to everyone concerned?
Mr. Simpson: Mrs. Fernandez, on an ordinance change like
this we do not send out individual notices. I'm sure that the
Department has informed members of the Committee of this meeting
tonight. What we did was advertise in the newspapers in accordance
with the ordinances.
Mrs. Fernandez: I want to move approval of amendments
to Ordinance No. 6871, the City of Miami Comprehensive Zoning
Ordinance, establishing Substance Abuse Facilities according to the
final draft of the Department dated January 15, 1975 amending
ARTICLE II, Section 2 and ARTICLE VI, Section 1, ARTICLE VIII and
ARTICLE XII as it appears in this report containing five pages.
Mrs. Alexander: I second.
Mrs. Rockafellar: There's a motion on the floor by
Mrs. Fernandez, seconded by Mrs. Alexander. Is there any discussion
on the motion? Being none, would you call the roll please?
(CONTINUED ON NEXT PAGE)
February 5, 1975 Item 1
FAB
Mrs. Parnande ofeared the following resolution, and
mead its adoptiont
RESOLUTION.. 810.. _ PAD _._.7 75
RESOLUTION RECOMMENDING AMENDMENTS
TO ORDINANCE 6871, ARTICLE II,
ARTICLE IV, ARTICLE VI, ARTICLE VII t,
AND ARTICLE Xtt , AS SHOWN ON Mats
2, 3, 4 AND 5 OP THESE MINUTES,PROVIDING
REGULATIONS FOR SUBSTANCE ABUSE CENTERS.
Upon being seconded by Mrs. Alexander, this resolution
was passed and adopted by the following vote:
AYES: Mmes. Alexander, Fernandez, Lichtenstein,
Rockafellar
Messrs. Dannenberg, Rolle, Smith
NAYES: None
Mr. McManus: Resolution passes 7 - 0.
Mrs. Alexander: Mme. Chairman, I think it would be in
order for us to express our appreciation to this Committee for
suffering through this exercise. We do appreciate it.
Mrs. Rockafellar: I think it's en excellent suggestion,
and thank you Mrs. Alexander.
Mr. Dooney: Thank you. I'll transmit that.
February 5, 1975 Item 1
T honorable Members of the
City Commission
C:l i t' C. i•1i..,'ii, LU t
s .j
�11i! �•��: ,{...t tv1�'1'HHORANiOt.:,'•1
197t
'1;11J` Work Release and Substance Abuse
Statistics
Fr !? '.% ' 41✓'
P. W. Andrews
City Manager E" :-"`:.,''_S
This report has been prepared in accordance with the City Commission request of
March 31, 1975, for information as to the number and origin of residency of recipi-
ents of services from work release and substance abuse centers located in the City
of Miami:
The data contained in this report vas collected from interviews with various house
managers and with the Comprehensive Drug Abuse Program's Evaluation Section, and
the administration i ecognizes that the accuracy of the data is tempered by the following
constraints:
1. the substance abuse and work release facilities do not have
readily available data on the origin of residency of participants
per facility;
2. many participants in these programs are very mobile and may
have actresses of prior residence in both Dade County and the
City;
3. insufficient time was allowed for the data sources to accurately
compile needed statistics.
The administration will continue to refine this information until we are satisfied that
we have an accurate report for the City Comrission.
SUBSTANCE ABUSE:
Not incI.uding four independent facilities in the City of Miami, there are 25 substance
abuse facilities in I)ad.. County operated by the Comprehensive Drug Program, which
oil+:r rL:si.'lentia1, methadone, hotline, educational, outpatient, counselling and other
services to drug abusers; 15 of these 25 facilities are located in the City of Miami.
.As of February, 197'ii, 2, 19 people w,7!re receiving services from these 25 substance
Page 1 Of 4
ieR
f34P6 -41' 3,7— cP P p
1-tonotable Me:iibers of the City Commission
abuse facilities, and of this total number of people, 1,467 were receiving services in
City of Miami facilities, Also of the total 2,319 receiving services, 1.110 either
presently reside in Miarni or lived in Miami at time of admission to a program,
Therefore there are at least 350 more people receiving substance abuse services in
Miami facilities than Miat-ni represents in terms of substance abuse population.
With specific regard to residential substance abuse facilities, there are 10 facilities
operated in Dade County, 6 of which are located in the City of Miarni. (See attached
Chart A and Map A) As of February, 1975, there were 709 people living in these 10
residential facilities; of these people,397 or 56 percent reside in facilities operated in
the City of Miami.
In four to six weeks, Dade County's Comprehensive Drug Abuse Program anticipates
compiling a statistical summary of the origin of residency of participants per facility,
which the administration will subsequently transmit to the City Commission for con-
sideration.
WORK RELEASE:
There are two work release facilities currently operating in Miarni: the Riverside
IIouse Men's Work Release Center and the Women's Work Release Program operated
by the Women's Detention Center in the old City of Miami Jail. Recently, the Women's
Detention Center received City Comrnis:iion approval to operate a new work. release
facility for women at 7521 NE 3rd Avenue.
The total capacity for the two existing wort: release facilities is for 33 people, although
both are currently operating at less than half capacity. Approximately 15 percent of
the Wien that participate in the Riverside House Work Release program originally resided
in Miami, and GO percent of the women that have been on work furlough from the Women's
Detention Center originally lived in Miarni.
The attached Chart A and Map A show the residential facilities in Miami.
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SUBSTANCE ABUSE FACILITIES
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WORK RELEASE FACILITIES
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Release Program
M. A P A