Item Coversheet

Ordinances - R5  B




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:February  8, 2017
 

10:05 a.m. First Reading Public Hearing

SUBJECT:

TEMPORARY MORATORIUM ON ACLF & RELATED FACILITIES:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR 180 DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS (AS THE TERM IS DEFINED IN SECTION 163.3164(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES, 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, WITHIN THE CITY, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FEBRUARY 8, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE.


RECOMMENDATION

The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017.

ANALYSIS

 

BACKGROUND

At the request of Commissioner John Elizabeth Aleman, the City Attorney drafted the ordinance establishing 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 proposed moratorium would apply 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.

 

 

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 such uses. A separate referral item is proposed in this regard, on the Consent Agenda.

 

The moratorium would not apply to applications that have received a Land Use Board Order or a building permit for demolition 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 for one hundred eighty (180) days from effective date, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission. Within ninety (90) days from the effective date hereof, City staff shall provide an interim report to the City Commission as to the progress being made in the preparation of the Master Plan and any associated ordinances.

 

The ordinance is proposed to be effective, RETROACTIVE, to February 8, 2017.

CONCLUSION

The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for March 1, 2017. 
Legislative Tracking
Planning and City Attorney
Sponsor
Commissioner John Aleman & Co-Sponsored by Commissioner Michael Grieco

ATTACHMENTS:
Description
Ordinance - Form Approved
Ad