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HomeMy WebLinkAboutO-0838923 21 14 10 12. 13 ORD1NANCI NO �..... _ .... ........ .,, .. AN ORDTNANr r AMI'WDING OtZDINMNCF: NO. 68710 T H 1 COM1REHENS1VI . ZMNIt G ORDINANCE FOR TItE give OP MIAMIf BY IN LtJDING NON-RES I DEN7 IAL, 5'UHSTANCE Ai3tigt 1+`ACIi,- 1TIES AS A PLPMI.ITI D 'JSC IN A 2TICLE. XII (LOCAL, COMMERCIAL_-C-1 DISTi1ICT).; R8- PEALING A_,L-01WtNANCES, CODE. SLCTIONE OR PARTST1IERIEOF IN CONFLICT,' INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERAi3ILITi' PROVISION. WHEREAS, the Miami Planning Advisory Board at, its meeting of. February 5th, 1975, Item 41, following 15 16 17 18 19 an advertised hearing adoptedResolution No. PAI3 7-75 by a seven to zero vote recommending an amendment.. to the City of Miami Zoning Ordinance No. 6871 as hereinafter set forth WHEREAS, the. City Commission deems it advisable 20 and in the best interest of the. inhsbitants of the City of ~Miami to amend th6 Comprehensive Zoning Ordinance No. 6871, 22 as hereinafter, set forth; NOW, THEREFORE, I3E IT ORDAINED BY THE COMMISSION 24 OF THE CITY OF MIAMI: 25 '26 27 28 29 30 :sl 32 33 Section-1- Article XII, Section 1, of the City of,Miami Comprehensive Zoning Ordinance No. 6871, be and the Same is hereby amended to include a new paragraph (31-E) to read as follows: '(31-IE) SUBSTANCE ABUSE FACILITIES - Non- residential Section 2, A11 ordinances, code sections, or parts thereof in conflict h<n ewi tli, insofar as they are in conflict, are hereby xepesled. 1 8 9 10 11 12 :13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 '30 31. 32 33 34 35 36 Section 34 if any settioh, sentence, dlauae, 4 citi held phrase, of Word of this oidihahce is tot ahY teas of declared to be undonstitUtiohal, inoperative, of Voidt such holding,: or thvalidity shall not affect theremaining portionsofthis ordinance; and it,shall be dohstrUed to have been the intent of the Commission of the City of Miami to pass this ordinance without such unconstitutional, valid, or inoperative part therein; and the remainder of this ordinance, after the exclusion of such part or parts shall bedeemed and held to be valid as if such parts had not been included therein.. PASSED ON FIRST READING BY'TITLE ONLY -this 12 day of MARCH 1975. PASSED AND ADOPTED ON SECOND'AND FINAL. READING BY TITLE ONLY. this 10 ,1975. IMAURICE A. FERRE MAYOR CITY CLERK PREPARED AND APPROVED BY: MICHEL E. ANDERSON, Assistant City Attorney APPROVED 'AS TO FORM AND CORRECTNESS: (( JQIiDi S. LLOYD, City Attorney - Page 2o€2_ 1 MIAMI FtVitw Allele bAtLV t ECC3Etb Published baily, ,;iarday) 5litda30 d,`irl ' • Legal lloiulayi Miami) bads; Goan y) of'idd STATE OF FLORIDA • COUNTY OF bAb • pp IleInre the .Undersigned euthorityh� persanbtly na- isaaih3 V Ph L probate, ofothe_ Miami rReviewt and Deily Record; a daily (except Saturday,,, Sunday end Legal Holidays) newspaper, published _et Miami hi Dade County, Florida' that the attached copy of adVer• tisenient, being a Legal Advertisement or Netted In the Matter of City, of iiz;-ni'Florida rte t_ ORbIt1ANCE rips .:. 8 381. •- 8382_8383-8334,'3385,-8386— $.3$18388•-8389=•83890 t eLC, , . In the „ Court, was published in Said newspaper in the Issues of April 171 1975 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miaml+ In said Uncle County, Florida. and that the said news- paper has heretofore been continuously published In said Dade County. Florida. each day (except Saturday. Sunday and Logal Holidays) and has been entered as second class mail matter at the post office In tAlami, In said Dade County, Florida, for a period of one year, next preceding the first publication of the attached copy of advertisement; and affrant further says that she has neither paid nor promised any person. firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement fcr publication In the said newspaper. (;;btmle97J -'� ,i �•Y ;..�1.1 1��11�U1/11f tlir�C ' Inc.tsrY�bi'Statjof`I04t • at Large. 17th diy •T (SEAL) • -' , ` F F>I n iiiTIN P My commission excel _ f April ".t:. • 1. F'1•,«:rin 11,,a!ed the fal- 1 w';r Yb- —EttTr m'r nAt)= ,i !t . RNNtENT 'ir`.'iNT •-0:t ZnI m'1`::rr: fN t%r FOR. PERIOD - \ •s;v%s •F?::'. i i r �;, ,\till r C)NT +\:\rl t'•r ±:{ }tf;N T:IS: r - EER-\TItLI i Y p ?CS°: iitONf• r±RL1J: .:CMG rr)D-- rkrTtONS f :,• t.ir T, T' f) FAft AS R' i : r7RDIN.\NCt: NO, &los trot t i 1 't' t T t ?>r rFt15 rw; t- ,n';'N,f' r a, t�:-lN:i'.• nE :C- •Ir) ''i^ .+�5 F._.•1"It- IV t: • I • r,' :i tF: Tr' rcrr :i?:rl\r': F,. ,� : t,f-•�;. ' t' `r ;-•. r•.� t.r tt ,..r•T%- ,r �:-i ••�; •l•' c;•eti;('F;+7t� F.\Ctt.t' -` fi.; .,a:7VFF.`!Nrt FOR fl y 1F=• r-ite ?FAN; r'cu ;'i'-tic:. si•-sic.\t.'t�:f; . F•r-ir r+F.cbp-r1:T114la fit it#c. �t.i, rt1lN-1\'1 , CrttP;; ,c1i- :• •rfr r()±.t• S,',.. C1-10N t. OR . 1+\RTS \r:5;'rIN' T'artt?Pr�:f; r^OI': THPI r(1F' A:; _.: -'•r^t\'F: D.ATt nNI) rt1 C:\INttNIC \ �F.v: i v Clr^.Il?N:.\N:CE: O. 5152 � F:;2Ai3:1,J1Y PisO\`If+;ON: t.; ()tal)tN%Nr-• AMEND- ORDINANCE M. TL437 IiNr, OPOI-ANC= N:O. nett. 1 r I. :1 ,.; cratpRE:-tEN:STV,:• ; AN n?-ttitN.ANrp; '-i1tF-ND- 7oND r fRrtN AN:CF: FOR t`r• (lttitiN;.1N r,. NC). fsti. VII.: CITY OF' .ti-1\(I TO T iI Crh`.tYe•)tc•NStVF: 1 iN:i t.t. DF. .\ NE\V *ZONING 7ONtN^ (. ORDINANCE FTIR: I Uts'rr ICI', \RTI 't till -I.. • TYF r'r1 Y 01.' Nil ��il. H}• It i ti 1''•:0 t A L COMMUNITY INCLUDiNr; ItES11))-N1'I.\I• !'0MM ERCI 11, - r-2A. DIG St'F S'I •' NC'r'.. ARUfih: FA- i TPtCT, I'I:OVID1Nt; .: FOR.. CILI1-ICS AS \•' CONDI- TION tltr P.LGULF•. >Ii-US4:-1`;,ARTtCLF: 1 TIC)' S.• LIMITATIONS ON. - - `T rR'7-•'I'\\'O-F' A M I LY i , »• S. PF:DESTE11 \N D\V}:i.LiNO • DISTRICT); . STREET, AREA, YARDS, • - RIrPEA .INn A).1. r1RUt- i ft -lr.t r. FL.00T ApF:A N ANCE'S• COI) crcT1ONS. O?I P 1111 S- •TI±r.-tf OF IN CONFLICT. 1Ncr)FAR \S • T)?^Y AFC?:'iN CONFLICT;\ND CONi'1'A1\t\(: t SI•:V- ERARTLITY PP.OVISiON. r'.: AMENUL. - Tt; N,'0. c? 1. T'#tE)-ttrN:S1VF. • ' - xC!•' FOE. I. PROVISION. F 1i1.+Nil: • Yr)N1-RF'c1-' I S''t'cT ANCE RATIO. F'LOOP A#1F::\ ;ut'tit 1.,VPIIINc,,. .\ND SITE „AND i1.-,....0P Mt:N•r , a r, I FTIt SET I:nut?1 T'"^E.1LtNC; .\T.L op c rr`ili' FrC- t T!0Ns• OP P.turS THFRt:- r r iN cnvr±.:CT, IN;Sn F.\Tl Ay TIfEV ARE IN r•ra• cr r('T: 1NT) • Cr)N- T.•,i sn.,;(1 A . ',VT•:Ii:\I311.FTY T It rr8 7f7ti? fl*#� t•C'i (tE •':' ,!it.! +ctert +v'.1t'tflt" rit ' r, NMi:1II: ?tY :� tjth 6fft TEI s: i`1TY 'F, TO Imo, OvIC- , -•c riC;r: TrrNS FOE F.COF-T t�rti RI- • ALL r•?DtN.tN;r..:',S. milli cc-r irt�c. nt J•+ixtS ORD1N-\NCE NO. ti3S3 (POIN;•A'NTE 1IEND' IN C; nrtnis.1:<C' NO. 6S. 1. T if t- rr}ti'ur'FHFNSIVF. �r)N 1Nr; oRDIN.tNC;r OF '(•Fit•: rrf\' o' StTANtT, BY ALT, ( 1)IN'A.CtS. r0DF '.I')Dt1r \ Ny'V SECTION SE.CTIUNC. OR PAETS 6 T() ARTICLE N:N+I\', THEREOF IN CONFLICT. r. ''•S 1 ( N F": REP:^::ALiN" INSOFAR-' AS 1" TFY• +It1:' „I.I. 0Prl1N•ANrCS, Cons .INT CONF•.1.iCT:. IN') CON-•- c: SECTIONS Ott - PARTS TAININ(1 A SEVERAY.IL/ -i THEREOF' , IN , THEY ACT ITV ;'P.OVISION. - INSOF'AR AS THEY ARE IN rONFI.ICT: AND CON- oript4ANCk:NO.'S?S`3 TAININ(i .\ SEVFRASIL - ITY PROVISION. • AN OY•1)IV. N-cl;• ORDINANCE O. 5384/ 1 tiC1 ORD)NANCt.•' NO.' RR7t: T IF E • COMPREHENSIVE. ZON::N(i 'ORDINANCE FOR' +ti OPDTN:\N;CE 'AMEND' THE rI'I'Y.OF',.MIAMi -13Y- I�C; ORDINANCE•NO, 6871 • IN T'DINI , NO'-R1:SI-• T H F: • CfMPREIIENISIVF DENTIAL S)'BsTANCil •-ZCINING' ORDINTANCE, FOR A$USl.: F;1CI1.1'I7rS •AS A T11T CITY OFMIAMt IIY,' F'FRMITI1i1) -USE IN:° AR- OHANGIN O - THE ZONING • TICI.E. YII' (LOCAL COW" CLASSIF IC.VrION FROM • �1FP.CT.%1 C•1 DISTRICT): I:-� +TaO•'r'.t+IILY1.- C-»-..RFPF.ALINR' ALL'_.. r1F',i)T- it^CI\IAICN:ETY tOltMEIt- NANCT S. CODF: SF.:TIONS.' c1AL,), • 1NT) C-4 WEN-, - OR PARTS THEREOF' 1N' F.RAL COM\IERCI.iI,) TO , TONFZTCT., .INSOF ar CIA- (SPECIAL - CC}\t :IU-' THEY' +P' '1N CONFLICT: NITV' C:Oat,ERC!.\L) • FOR • AND (ONTl'ATN1Nr=: A Sf'V''• .I THE ,tit:::+S GF THE TIN- #i.RAiDLlTY•-YROViSI[ir,.' 'rB..L. GROVE. DISTRICT to gt)G',:N: ON THE `•IAt' : . ORDINANCE `O..F39) ATTACHED HERETO AS EXHIBIT ".V' .AND NIITIF. AN F•MElIG1-NrY'rRFN• \ PART II?'R ECF SY MAK- NaNro,t-cT.\}lT-c;liNr', IN IN.r: Ti1T' N5'CFSS,\RY-' ADVISORY - • CONIMM•TE ; clIANGES IN TIIF "LONINO ' ON Si;t;S'CANCF'- ABUSE; ,)iSTRtCT MAP. NI•\UF: ,\ PROVIDING Folt.. rONT+, PART O SAID ORDI- 'POSITION: 'i'-RM OF OF'.- NANCF NO, CS71 BY REF- TICE. PURPOSE AND' - YliFNCE: ANl) L'ESCRIP- -' RF ON:IEMATY. . • CON. T!()' IN .\tITICLE • III. DUCT OF NivETTN:r.S. RE•+' TUFREOF:: RE. PnRT ,\N1) Nt•Y'nNt\IF,NT)Aaj PEALING .ALL ORM)T•. TIONS; it)•PI:.r,LIVr, ALT. ; 7,:ANCES. CODE, SF_CT?ONS, ' ORDry.aNtCFS...rnDF. TITT:REOF•' IN - TiONS 'OR PARTS TBERF". TN'=+OF-\Ft ••.\$ • OF IN1 ('(a'r.Fr,p1 T 1NSOFtR. "'IC.. ,\itT: r; Cr'NFI.ICT:- :As THEY ARE IN CON ANtL) CONT.\IN1Nr; A SF.V^ - r•Mt'r' \IN '''^ '•'R \ D:LFTY P :AlsION; • SEVERAiijT 1TY PROY1e : ANf) PP/AIDING TDTNG 'F01�'.:\V . SIONi I.F it CT'14"r.". DATE. SniJ9'. ti :;ICY ('T'r•V • �l.Ft'K. CITY OF :\11 F'uhli.ilUnrp of tt;Ts nntlni! `(1r1 s aril:, ]9 5, ai17.... r,T Apii ORDiN'AN;C 1 AN ()Pt,`IN#�N INr, OP.DtN 'rHr: COI '.ONTN". ORI) Tis„F. CITY O IN:r'Ll'1)iN:C r' rl.tl. A13l'51•: F'\CTI.11''z S, AS. 'A CONDITJON \I. r'FY IN AR- TICLT: VIII ,\t L: D 1: 11 "L 4 1)F,'SJ1'Y • tr:s itlr"l1t RF'i't:,\t TNO • n 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. 1'a ; c• L Of -'.- CHART A - R L:SCDI.:N'r IA L fN MIAMI Nar'w of Facility Address S bs.-ance Abuse Facilities 1 i:esident Average Percent of Origin of Resicents Capacity Miami Dade County Concept house 162 N.E. 49 Street GO Spectrum - Chase 140 N. W. 5') Street 35 Spectrum - Dade 449 N. E. 37 Street 53 Villa e South $25 N. E. Miami Place 116 (com- Village South 4900 N. E. 2 Avenue tined? Jackson Memorial 1029 N. W. 15 Street 10 Veterans' Admin. 1201 N. N. 16 Court 100 Total 37-1 50 50 Work R e li'a se Facilities' Riverside House 968 N. W. 2 Street Work Release Center Women's Detention 1145 N. W. 11 Street Center Work Release Program 20 15 35 15 60 40 Total 35 See Map A The City Commission recently approved a work release facility for women at 7521 N. E.. 3rd Avenue. •,.,. Average estimated by house managers or Dade County's Comprehensive Drug Program Evaluation Division. Prepared by the City of Miami Planning Department April, 1975 we NW SS W i 1 1 �3:r i i 13 sc..7 r `r. r N 1 ( ( t N _ 1 erl�_....._.�. I y,Y.. ram— i CAUSI'1AT i ` 1 l de K N• IS sr l 1 ' • i AI N t., i Y 'may-- 1 J 4 s, r.4...•1 • - 1 N-N ���1 1 w� YL\LTf;M ,..... NM 1� !t �. , �.... � +`:i1 ; CAV3(4I♦re Y U t u t K . y a u v y N ti iu a. t :4. I" , i ,—• �I / t li o. N itt 1 ' ;. MTI it .� i....—..a: -- r 1 It w+star' 1' rt A* 54 sri 1 iAO* tN EAT CAuSE0A. b 1 k 1 Pt 1I�1 7:If/Pi\ ` 3f 1 ST 1 4. : I � 1---777f ►C!+KIAMI• •H AAEOtt AV[ SUBSTANCE ABUSE FACILITIES Concept House l Spectrum -Chase Spectrum-D-tde i, Village Smit}, it[age Sot.:th Jet(;ksclrl iv't.'rr!rlt'i:.!!. •�� Veto rand ALI:"!'it!:..;t.�•lt!.Ui! Paw.. -r cif •! fi=CIDENTIAI_ FACILITIES IN MIAM( ;t ea, 'T' N' I :'i/:-.'.: I r f. i !;,t D-tl!_F:ii fs.: e O C1u it+ai a.••r•-•t •0• 1.7Ae/MN Pet 3 I WORK RELEASE FACILITIES i Riverside House Men's Work Release Center Women's Detention Center Work Release Program M. A P A