BACKGROUND

On February 8, 2017, the City Commission referred a discussion item pertaining to ACLF’s and related facilities to the Land Use and Development Committee for discussion and recommendation. On June 14, 2017, the Land Use Committee recommended that a comprehensive draft ordinance pertaining to ACLF’s and Medical Uses be referred to the Planning Board; this referral will be considered as a separate item on the Consent Agenda.

On March 1, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission approved a temporary moratorium on the issuance of any land development permits, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities (ACLF).  In addition to ACLF’s, the moratorium applies to assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses.

This moratorium, approved for 6 months retroactive to February 8, 2017, is set to expire on or about August 7, 2017.

PLANNING ANALYSIS

Currently, the City Code lacks adequate regulations for crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers.  Additionally, the term adult congregate living facility (ACLF) has become obsolete and, as currently defined in the City Code, needs to be updated to conform to state law.  In addition to replacing the obsolete term ‘ACLF’ with “assisted living facility,” the City Code needs to be updated to include proper licensure requirements and to comply with state law requirements. The proposed moratorium would allow the City adequate time to conduct a zoning and planning analysis, and determine the locations best suited for these uses.

The moratorium extension would not apply to applications that have received a Land Use Board Order or a building permit issued prior to February 8, 2017, which is the applicable date of the moratorium. It would also not apply to an unsafe structure board order or a lawful order of the Building Official.

As proposed, the moratorium would remain in effect until December 31, 2017, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission. The ordinance is proposed to be effective, RETROACTIVE, to June 28, 2017.