Item Coversheet

Ordinances - R5  L




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:February  14, 2018
 

5:04 p.m. First Reading Public Hearing

SUBJECT:

ASSISTED LIVING AND MEDICAL USE CLEAN-UP:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE I, “GENERAL TO ALL ZONING DISTRICTS,” TO ESTABLISH SECTION 142-2, ENTITLED “ASSISTED LIVING FACILITIES AND MEDICAL USES,” TO INDICATE THAT ASSISTED LIVING FACILITIES AND MEDICAL USES ARE REGULATED BY CHAPTER 142, ARTICLE V, DIVISION 2, ENTITLED “ASSISTED LIVING AND MEDICAL USES” OF THE LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” AT SECTIONS 142-153, 142-213, 142-243, 142-303, 142-333, 142-455, 142-587, 142-594, AND 142-736 TO REMOVE ADULT CONGREGATE LIVING FACILITIES (ACLF), NURSING HOMES, AND RELATED USES FROM THE LISTS OF PERMITTED, CONDITIONAL, OR ACCESSORY USES AS THESE USES HAVE BEEN CONSOLIDATED AND ARE REGULATED BY CHAPTER 142, ARTICLE V, DIVISION 2, ENTITLED “ASSISTED LIVING AND MEDICAL USES” OF THE LAND DEVELOPMENT REGULATIONS AND REMOVE THE TERM ADULT CONGREGATE LIVING FACILITIES AS THIS TERM IS NOW OBSOLETE, AND ALSO ADDING A CROSS-REFERENCE TO DIVISION 2, TO IDENTIFY MEDICAL CONDITIONAL USES; AND AMENDING CHAPTER 58, ENTITLED “HOUSING,” ARTICLE III, ENTITLED “PROPERTY MAINTENANCE STANDARDS,” DIVISION 3, ENTITLED “MINIMUM STANDARDS,” AT SECTION 58-296, ENTITLED “ADULT CONGREGATE LIVING FACILITIES,” TO RENAME THE SECTION “ASSISTED LIVING FACILITIES”; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for March 7, 2018.

ANALYSIS

HISTORY
On February 8, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission referred a comprehensive re-write of the Assisted Living and Medical Use provisions of the Land Development Regulations to the Land Use and Development Committee (Item C4K). At that time, the City also implemented a moratorium until the amendments were adopted.

On February 15, 2017, the Land Use and Development Committee discussed an ordinance related to Assisted Living Facilities and Medical Uses and continued it to March 8, 2017. On March 8, 2017, the Land Use and Development Committee discussed the item and continued it to the April 19, 2017 meeting.

On April 26, 2017, the City Commission referred the Assisted Living Facility and Medical Use Ordinance to the Health Advisory Committee for discussion and recommendation (Item C4E). On May 15, 2017, the Health Advisory Committee discussed the item and recommended that it have a workshop to review the proposal in further detail prior to making a recommendation.

On June 14, 2017, the Land Use and Development Committee discussed the item and took no action. On June 19, 2017, the Health Advisory Committee held a workshop and recommended that the ordinance incorporate the modifications.

On June 28, 2017, the City Commission referred the Assisted Living Facility and Medical Use Ordinance to the Planning Board for review and recommendation (Item C4A). On September 26, 2017, the Planning Board transmitted the Assisted Living Facility and Medical Use Ordinance to the City Commission with a favorable recommendation.

The subject ordinance came before the City Commission on October 18, 2017 and was continued to a date certain of October 31, 2017, due to the lack of a quorum. On October 31, 2017 the City Commission approved the item at First Reading with modifications. On January 17, 2018, the City Commission adopted the Assisted Living and Medical Use Ordinance.

PLANNING ANALYSIS
The amendment adopted to the Land Development Regulations adopted by the City Commission on January 17, 2018 established new regulations for Assisted Living Facilities and Medical Uses. In short, Chapter 142, Zoning Districts and Regulations, Article V, Specialized Use Regulations, Division 2, Adult Congregate Living Facilities, at Sections 142-1251 through 142-1270, were repealed and a new Medical Use Ordinance was adopted in its place. The adopted Ordinance consolidated the allowable locations for all medical uses into one section. The zoning districts in which various classes medical uses are permitted are now identified in Section 142-1255 of the Land Development Regulations.

Prior to the Second Reading adoption of this amendment, staff determined that the entirety of the previous regulations were repealed and replaced with the new, updated provisions of the Land Development Regulations. However, the cross-references in certain other sections of Chapter 142 were not removed; these cross-references are now obsolete and need to be removed.

As a result of this consolidation, medical uses no longer need to be identified within the regulations of individual zoning districts, and any such references should now be removed from the Code. The proposed ordinance removes references to uses in each zoning district that are now regulated by Section 142-1255 to ensure that there are no conflicts. Additionally, the amendment removes references to the obsolete term “Adult Congregate Living Facilities” (ACLF) throughout the Code of Ordinances and replaces it with the appropriate term, “Assisted Living Facilities” (ALF).

The proposed clean-up ordinance is non-substantive in scope, and does modify any of the regulations adopted on January 17, 2018. The sponsor of this clean-up ordinance is Vice-Mayor John Elizabeth Aleman.

CONCLUSION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for March 7, 2018.
Legislative Tracking
Planning/Office of the City Attorney
Sponsor
Vice-Mayor John Elizabeth Aleman

ATTACHMENTS:
Description
FORM APPROVED ORD - Med Use Cleanup
Ad