Ord No 27-10-2052ORDINANCE NO. 27-10-2052
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
to amend Section 20 -3.3 (D) of the Land Development Code entitled "Permitted Use
Schedule" in order to change the Group Home I use category from a "P" Permitted
Use category to the "S" Special Use category; and amending Section 20 -3.4 entitled
"Special use conditions" in order to set forth general and special requirements
applicable to Group Home I uses; providing for severability; providing for ordinances
in conflict; and providing an effective date.
WHEREAS, the City Commission at its September 2, 2008 meeting adopted
Ordinance No. 34 -08 -1969 which inserted into the Land Development Code (LDC) a
number of definitions in order to respond to issues related to group homes, community
residential homes, boarding house and family; and
WHEREAS, in recent months several licensed group homes classified as Group
Home I have been allowed as a "P" Permitted Use to locate in a residential single - family
zone; and
WHEREAS, concerns have been expressed at recent City Commission meetings
that the City should exercise some discretionary control on the impact of a Group Horne I
on a neighborhood; and
WHEREAS, there are several legal principles that allow cities to exercise limited
regulatory control of group homes if there are legitimate government interests related to
health, safety, and community welfare; and
WHEREAS, the use of the special use approval process may pass constitutionality
if the conditions adopted are not discriminatory; and
WHEREAS, the Planning and Zoning Department has prepared an amendment to
Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" which
would modify the Permitted Use Schedule by changing "Group Homes I" from a "P ",
Permitted Use to an "S ", Special Use; and
WHEREAS the Planning and Zoning Department has prepared an amendment to
Land Development Code Section 20 -3.4 (B) "Special requirements" in order to set forth a
list of special pre -set requirements applicable to a Group Home I; and
WHEREAS, the Planning Board at its July 13, 2010 meeting conducted a public
hearing and adopted a motion by a vote of 4 ayes 2 nays recommending approval of the
proposed amendment; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Ord. No. 27 -10 -2052
Section 1. That Section 20- 3.3(D). entitled "Permitted Use Schedule" of the Land
Development Code is hereby amended as set forth on the attached page.
Section 2. That Section 20- 3.4(B). entitled "Special Requirements" of the Land
Development Code is hereby amended to read as follows:
20 -3.4 Special use conditions.
(B) Special Requirements.
(15) Group Home I
(a) There is required a minimum of two (2) parking spaces, but no more
than two (2) unenclosed parking spaces.
(b) An occupational license (business tax receipt) shall be required.
(c) Supervisory staff shall be on- premise 24 hours per day, 365 days per
..year.
(d) Emergency telephone numbers shall be provided to the Police
department and be kept current at all times.
(e) The address number must be placed on the house in a way to be clearly
visible from the street.
(f) There shall be no signage on the property.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 21" day of September, 2010
ATTEST:
Y CLE
APPROVED:
AV "j4d
MAYOR'
Ord. No. 27 -10 -2052
1" Reading - 9/7/10
2nd Reading - 9/21/10
READ AND APPROVED AS TO FORM
AND SUF CY:
CITY ATTORNEY
COMMISSION VOTE: 5 -0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Cy>mmissioner Beasley: Yea
Commissioner Harris: Yea
(New, wording in bold and underlined, wording removed in )
X-IComm ItemA20I M- 17 -IOWC Amend Group Homes Ord.doc
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
South Miami
11.
2001
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: He Mirabile, Phb., City Managerce
From: Thomas J. Vageline, Director
Planning.and Zoning Department
Date: September 21, 2010 ITEM
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend
Section 20 -3.3 (D) of the Land Development Code entitled, "Permitted Use Schedule" in order to
change the Group Home I use category from a "P" Permitted Use category to the "S" Special Use
category; and amending Section 20 -3.4 entitled "Special use conditions" in order to set forth
general and special requirements applicable to Group Home I uses; providing for severability;
providing for ordinances in conflict; and providing an effective date _
BACKGROUND
The City Commission at its September 2, 2008 meeting adopted Ordinance No. 34 -08 -1969 which
inserted into the Land Development Code (LDC) a number of definitions in order to respond to issues
related to group homes, community residential homes, boarding house and family. This ordinance
prepared by the City Attorney provided that licensed group homes would be allowed in all residential
zones as a "P" permitted use but unlicensed homes would become "S" uses requiring special approval in
all residential districts and "P ", permitted use in TODD MU -4, TODD MU -5 and TODD L14 districts. A
copy of that ordinance is attached.
In recent months several licensed group homes which are allowed as a "P" Permitted Use have located in
a residential, single - family zone. The group homes obtained both State and City licenses, which require
the home to meet certain size and distance separation requirements set forth in the definition section of the
LDC.
LEGAL ISSUES
There was concern expressed at a City Commission meeting that the City should exercise some
discretionary control on the impact of Group Homes on .a neighborhood. The City Attorney, Laurence
Feingold, in an e -mail to the Planning and Zoning Department dated March 18, 2010, stated that it would
be difficult to limit the location of Group Homes without violating Federal Law ( attached).
There are several legal principles that state that cities have the right to exercise limited regulatory control
of group homes if there are ;legitimate government interests related to health, safety, and community,,,, .
welfare. The use of the conditional use approval process or special use approval process (as in South
Miami) may pass constitutionality if the conditions adopted are not discriminatory. The current LDC
allows licensed Group Homes 1 as a "P" permitted use in all residential zones. If the Permitted Use
Schedule was amended to "require that all group homes are "S" Special Uses, then all future group home
proposals would have to meet the current standards but would also be subject to public hearings and City
Commission approval. Placing conditions on group homes; either those pre -set in the LDC or added
during a public hearing, would have to be carefully constructed so as to avoid discrimination.
PROPOSED LDC AMENDMENTS
The following two LDC Amendments will accomplish what the City Commission is requesting. These
amendments are contained in the attached draft ordinance.
(1) Permitted Use Schedule Amendment. Section 20- 3.3(D). The attached revision to the Permitted Use
Schedule modifies the.use category of "Group Homes I" from a "P ", Permitted Use to an "S ", Special
Use.
(2) In addition, LDC Section 20- 3.4(B)(I5) would be amended. This section is a list of special pre -set
requirements applicable to designated special uses. This section would be amended to include
requirements for Group Home I as follows:
Group Home I
(a) There is (2)
unenclosed parking spaces.
(b) An occupational license (business tax receiptZshall be required.
(c) Superviso off shall be on- premise 24 -hours per day 365 days-per-year. -
(d) Emergency telephone numbers shall be provided to the Police department and be kept
current at all times.
(e) The address number must be placed on the house in a way_to _be clearly visible from the
street.
(f) There shall be no signage on the property.
The above conditions would be mandatory and additional conditions could be added by the Planning
Board or City Commission during the special use public hearing(s).
PLANNING BOARD ACTION:
The Planning Board at its July 13, 2010 meeting adopted a motion by a vote of 4 ayes 2 nays (Mr.
Morton, Ms. Young) recommending approval of the proposed amendment.
RECOMMENDATION
It is recommended that the amendments as set forth in the attached draft ordinance be approved.
Backup Documentation:
Draft Ordinance
LDC Amendment Document- Permitted Use Schedule
Ordinance No. 34 -08 -1969,
City Attorney e -mail 3- 18 -10,
Planning and Zoning Dept, Staff Report 7 -13 -10
Planning Board es Excerpt 7 -13 -10
TN /SAY
- -XAComm &ems12070 \8- 17 -101DC Amend Group Homes CM ReportAoc
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ORDI NrANCENO. 34 -08 -1969
AN ORDINANCE OF THE MYOR AND CITY; COMMISSION OF THE CITY OF SOUTH
IvLCA11at', FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT
CODE By AMENDING SECTION 20 -2.3 ENTITLED `°DEFINITIONS" IN ORDER TO
PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING,
GROUP .HOME, AND MODIFYING THE DEFINITIONS OF COMMUNI'T'Y RESIDENTIAL
HOME AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION 20 -3.3 (D)
ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE'
DISTRICTS 'WHICH WILL PERMIT BOARDING HOUSES, TOCIRLST DWELLINGS, AND
GROUP HOMES; PROVIDING FOR SEVERABILTl Y; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Department has initiated a program to update,
clarify, and improve the provisions of the City's Land Development Code (LDC) and to update
provisions of the City's Land Development Code;
WHEREAS, based upon recent requests xelatcd to the placement and characteristics of
bakeries the Planning Department determined that a specific definition of a bakery was needed in
the Land Development Code; and
WHEREAS, based upon recent concerns related to temporary and transitory living
facilities the Planning Department and the City Attorney, determined that definitions related-to
community residential homes, group homes, tourist dwellings, boarding homes, group homes,
and family should be amended or inserted into the Land Development Code; and
W1-iY,REAS, the Planning Department and the City Attorney have prepared a proposed
ordinance which provides clear and specific definitions for community residential homes, group
homes, tourist dwellings, boarding homes, group homes, and family and sets forth the zoning use
districts which will allow these uses as either permitted or special uses; and
WHEREAS, the Planning Board at its August 12, 2008 meeting reviewed the proposed
ordinance, conducted a public hearing, and adopted a motion by a vote of 6ayes 0 nays
recommending that Sections 20 -2.3 and Section 20- 3.3(D) of the Land Development Code be
amended as set forth in the proposed ordinance; and
WHEREAS, the City Commission desires to accept the xecommendations of the
Planning Board and enact the aforesaid amendments:
NOW,. THEREFORE, BE IT ORDAINED BY THE, MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH Aff -AMT, FLORIDA: .
Section I. That Section 20 -2.3 "Definitions" of the South Miami Land Development Code is
hereby amended to read as follows:
Ord. No. 34`08 -1969
be considered a retail use.
Bbanlinehouse (roominf house) Shall mean' a building other than a hotel or motet where
lodging is Provided for compensation with or svithaut meals for Three or more persons not
of the immediate family.
This category 15 restricted to persons who do not require special provisions for emergency
evacuation.
z
Ord. no. 34 -08 -1969
people This is xiot considered a commercial use Such a home is for persVons who do_ xiot
measured in a straight line from the nearest point of the property line oft the existing hOme
to the nearest paint of the property line of the -proposed home.
Group t%me (2) Shall mean an Unlicensed Group Home means a residential family living
the nearest poinE of the property lino of the existing Home to the nearest point oft e
pralierty Line of the proposed home._
dwelling according to the foAowing criteria:
{1? H the single - family, or two - family dwelling is subiect to or operates under an
(regardless of the form of ownership or the farm in which the right to use is
- expressed) of such unit has a recurring exclus`va right to use either that dwellWg or
(2) If the single family or two - family dwelling operates under or is subject to an
arrangement plan or design whereby sleeping accommodations and sanitary
primarily on a daily weekly, monthly or seasonal basis. Provided that when the
dwelling or unit in the dwelling is the sole residence of the guest, a rebuttable
a rebuttable presumption shall arise that the dwelling or unit is not being used as a
tourist dwelling.
(3) In addition to the above if a single - family dwelling located in the RS Single
Family Residential District land use district is operated or used zu such a way that
.,r ,,,n,-> that twn times in anv one year. -it shall
dwelling.
11
Ord. no. 34- 08L1969
Section 2. That Section 20 -33(D) "Permitted Use Schedule' of the South Miami Land
Developmdnt Cade is hereby amended as follows: - - -
9
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Ord. No. 34 -08 -1969
Sectiorn 3. If any section, clause, sentence, or phrase of this ordinance is for any '
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section. 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this a'�day of 2008.
ATTEST:
APPROVED:
Y CLERK
MAYOR
1st Reading- 8/27108
2"d Reading— 9/2/08'
COMMISSION VOTE:
4 -0,
REy OVED AS O FORM:
Mayor Feliu:
Yea
Vice Mayor Beaslcy:
Yea
(/ —>
Commissioner Wiscombe:
Yea
I,uis R. Figu redo,
Commissioner Beckman:
yea
NTnn , Gall bp Figueredo, ?.A.
Commissioner Palmer:
absent:
dffice of City Attorney
NOTE: New, in bold print and underlined.• wording to be remo\ ed indicated,by, strike-
through:
X:\Comm ItemsM08 \9- 2- 08\LDC Amend Dofinitions Ord - Updated 8- 27- 08.rtf
5
Youkilis, Sanford
From: AsianF @aoi.com
sent:. Thursday, March 18, 2010 9:45 PM
To: markgoldstein98 @yahoo.com; Vageline, Thomas; Youkilis, Sanford; Newman, Valerie
Cc: pkstoddard @gmail.com; Beasley D. Brian (g- mail); picbywal @atianticbb.net
Subject: Re: Group Horne Regulation
Tom, Sandy and Mark .....i have read this and it appears not possible to eliminate group homes without
violating Federal Law. South Miami joins other frustrated city officials all over who are stuck with this imposition
of law that severely restricts our ability as to legislating the how and where of group homes. Sandy, please
forward
essdwei to the citizen it out of a who hat, will no
t be able to legally coreate at olydinanc e commission meeting.
banning group. homes.
Larry
Laurence Feingold P.A.
City Attorney of South Miami.
City Hall (305 663 -6346
Beach Office. (305) 538 -1686
Cell: (305) 495 -7887
Fax: (305) 538 -7875
Web: laurencefeingoid.com
To: Honorable Chair and
Planning Board Members
From: Thomas Jr. VageIine, Director t
Planning and Zoning Department (;
Date: July 13,
Re. LDC Amendment— Permitted
Use -Group Homes To S Category
Sec. 20- 3.3(D); Sec, 20 -3.4
P�- xo -ao�
Applicant: City of South Miami
An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to
amend Section 20 -33 (D) of the Land Development Code entitled "Permitted Use
Schedule" in order to change the Group Home I use category from a "P" Permitted use
category to the "S" Special Use category; and amending Section 20 -3.4 entitled "Special
use conditions" in order to set forth general andl special requirements applicable to Group
Home I uses; providing for severability; providing for ordinances in conflict; and
providing an effective date
BACKGROUND
The City Commission at its September 2, 2008 meeting adopted Ordinance No. 34 -08 -1969
which inserted into the Land Development Code (LDC) a number of definitions in order to
respond to issues related to group homes, community residential homes, boarding house and
family. This ordinance prepared by the City Attorney provided that licensed group homes would
be allowed in all residential zones as a "P" permitted use but unlicensed homes would become
"S" uses requiring special approval in all residential districts and "P ", permitted use in TODD
MU -4; TODD MU -5 and TODD LI4 districts. A copy of that ordinance is attached.
In recent months several licensed group homes which are allowed as a "P" Permitted Use have
located in a residential single - family zone. The group homes obtained both State and City
licenses, which require the home to meet certain size and distance separation requirements set
forth in the definition section of the LDC.
There was concern expressed at a City Commission meeting that the City should exercise some
discretionary control on the impact of Group Homes on a neighborhood. The City Attomey,
Laurence Peingold, in an e -mail to the Planning and Zoning Department dated March 18, 2010,
stated that it would be difficult to limit the location of Group Homes without violating FederaI
Law. (see attached)
POTENTIAL LDC AMENDMENT
There are several legal principles that state that cities have the right to exercise limited
regulatory control of group homes if there are legitimate government interests related to health,
safety, and community welfare. The use of the conditional use approval processor special use
approval process (as in South Miami) may pass constitutionality if the conditions adopted are
LDC Amendment
July 13, 2010
2
not discriminatory. The current LDC allows licensed Group Homes I as a "P" permitted use in
all residential zones. If the Permitted.Use Schedule was amended to require that all group
homes are "S" Special Uses, then all future group home proposals would have to meet the
current standards but would also be subject to public hearings and City Commission approval.
Placing conditions on group homes, either those pre -set in the LDC or added during a public
hearing, would have to be carefully constructed so as to avoid discrimination.
.The attached LDC Amendment documents will accomplish what the City Commission is
requesting.
permitted Use Schedule Amendment. Section 20- 3.3(D). The attached revision to the
Permitted Use Schedule modifies the use category of "Group homes I" from a
Permitted Use to an "S ", Special. Use.
In addition, LAC Section 20- 14(13)(15) would be amended. This section is a list of special
requirements applicable to designated special uses. This section would be amended to include
requirements for Group Homes I & 11 as follows:
20-3-1.4-Special use conditions.
(IS) Reserved:
Group .Homeland Group Nome Il
(a) There is reconred a minimum of two (2) parking spaces, but no more than
two (2) unenclosed parkinIZ spaces.
(b). An occupational license (business tax receipt) shall be required.
(c) Professional supervisory staff shall be on- premise 24 hours per day, 365
days per year.
(d) Emergency telephone numbers shall be provided to the Police department
and be kept current at all times.
(e) The address number must be placed on the house in a way to be clean
visible from the street.
(f) There shall be no signage on the property.
These conditions would need to be carefully reviewed by the City Attorney to avoid the legal
issues pointed out in the City Attorney's e -mail. These conditions would be mandatory and
could be added to by the Board or City Commission during the special use public hearing.
RECOMMENDATION
It is recommended that the Board approve the proposed amendment.
Attachments:
LDC Amendment Document- Permitted Use Schedule, City Attorney e- mail 3- 18 -10, Ordinance No. 34 -08 -1969,
Public Notices
TJV /SAY
ZAPB\PB Agendas Staff Reports\2010 Agendas Staff Reports \7- I3- 10\PB -10 -007 LDC Amend Group Home
Report.doc
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Meeting Minutes
Tuesday, July 13, 2010
City Commission Chambers
7:30 P.M.
EXCERPT
1. Call to Order and the pledge of Allegiance to the Flag
Action: The meeting was called to order at 9:20 P.M.
The Pledge of Allegiance was recited in unison.
11. Roll Call
Action: Chair Yates requested ,a roll call.
Board members present constituting a quorum: Mrs. Yates, Mr. Morton, Mrs. Young, Mr.
Whitman, Mr. Farfan, Mr. Cruz and Mrs. Beckman. Board members absent: None
City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator), Lourdes Cabrera -
Hernandez (Principal Planner) and Alerik Barrios (Secretary).
Deputy City Attorney: Mr. Mark Goldstein
111. Administrative Matters:
No Administrative Matters
PB -10 =007
Applicant: City of South Miami
An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to
amend;_ See tiou 20 -3.3 (A) of the Land Development Code entitled "Permitted Use
Schedule" in order to change the Group Home I use category from a "P" Permitted Use
category to the "S" Special Use category; and amending Section 20 -3.4 entitled "Special use
conditions" in, order to set. general and special requirements applicable to Group
Home I uses; providing for severability; providing for ordinances in conflict; and
providing an effective date
Planning Board Meeting
July 13, 2010 Excerpt
Page 2 of 4
Aetion: Mrs. Young read the item into the record.
Mr. Morton questioned if the application is addressing Group Home I and 11. Mr. Vageline
responded yes, however, Group Horne 11 is going to have to be reviewed separately.
Mr. Vageline stated this is a continuing item from the previous meeting. There was a concern
about providing possible conditions for the Special Use status. These conditions include: there
needs to be a required minimum of two (2) parking spaces, but no more than two (2) unenelosed
parking spaces, an occupational license (Business Tax Receipt) shall be required, professional
supervisory staff shall be on- premise 24 hours per day, 365 days per year, emergency telephone
numbers shall be provided to the police department and be kept current at all times. The address
number must be placed on the house in a way to be clearly visible from the street. There shall be
no signage on the property. It was previously mentioned, that the requirements should not be too
strict. Staff will need the City Attorney's opinion on the issue:
Mrs. Yates questioned if the Board had received any correspondence from any Group Home I or
11. Mr. Vageline replied no.
Mr. Morton questioned if an individual, requests a Special Use and does not construct a Group
Home, what would occur. Mr. Vageline responded that the Code Enforcement Department
would be notified and the applicant will be warned or. fined.
Mr. Morton questioned what is the cost of the Special Use application. Mr. Youkilis responded
three thousand. dollars ($3,000.00).
The Chair opened the public hearing.
No speakers.
The Chair closed the public hearing.
Mrs. Young questioned if this issue is also being experienced by other cities not only the City of
South Miami. Mr. Vageline replied the largest problem is the lack of knowledge by the public.
For example, in the last case that came before the City Commission the fact that the neighbor did
not know that the re -use occurring next door was to be a group home. This proposed special use
procedure would inform the public on what is occurring and if there are any problems they could
come out at a public hearing.
Mr. Morton questioned if there was another process that was less costly. Mr. Vageline responded
that as of the moment this is the only procedure that can be used.
Mr. YoukiIis commented that there is no other category of use in between Permitted and Special
Use. It is one or the other.
Plamzing Board Meeting
July 13, 2010 Excerpt
Page 3 of 4
Mr. Morton recommended creating a sub - category so that the application fee could be reduced or
waived. Mr. Vageline responded that by the time the analysis and report is put together the staff,
time is a significant amount. - -
Mrs. Beckman questioned how many rehabilitation facilities or recovery clinics are a City
allowed to have. Mr. Goldstein replied it falls under the first amendment activities, with group
homes. He commented that this is a dangerous area to regulate. He sees that there is an issue in
using the wording Professional Supervisory staff being on- premise 24 hours per day, 365 days
per year. The problem is it is going to be costly and there are certain people that do not need that
level of supervision. He commented that the City should not create perceived or real road blocks,
which could be challenged under the Americans with Disabilities Act.
Mrs. Beckman questioned if these are individuals in group homes who are undergoing
rehabilitation or are they child molesters. Mn Goldstein responded that group homes are not.used
for sexual predators, those individuals mostly move back to their homes, but are not allowed to
be within a certain distance from schools.
Mrs. Young questioned if the emotionally disturbed could be included in Group Homes.
Mr. Goldstein replied maybe at different levels. He commented that group homes are under
Federal policy which allows individuals to rehabilitate in the context of a neighborhood setting.
Mr. Morton suggested dropping the word "Professional' in subsection (C) in the conditions that
staff has provided.
Mr. Whitman .questioned why these homes are not considered multi - family housing. Mr.
Goldstein commented that the City cannot restrict the number of people living with their
immediate family or relatives, which was a ruling set down by the Supreme Court.
Mr. Cruz questioned if the Group homes are free to be placed in any location in the City. Mr.
Goldstein replied that there are state regulations that describe qualifications that need to be
followed and the type of group home allowed.
Mr. Cruz questioned if an incident occurred at a group home who is liable. Mr. Goldstein
responded that the direct user is liable. The questions are, would the owner be liable, was the
incident foreseeable, or did someone have a condition that resulted in an attack which would be a
negligence case. He further commented that the City does not have liability.
Amendment: Mr. Whitman and Mr. Cruz seconded to amend one of the staff proposed
conditions: that the word "Professional' in See. 20- 3.4, Special Use Conditions be removed; and
that all references to Group Home Il also be removed.
Vote: 4 Ayes 2 Nays (Mi. Morton and Mrs. Young)
Mrs. Yates commented that staff would bring back a separate amendment ordinance to make a
Planning Board Meeting
July 13, 2010 Excerpt
Page 4 of 4 - -
similar change for Group Home IL
Motion: Mr. Whitman then moved and Mr. Cruz seconded to approve the proposed amendment
with the revised conditions: that the word "Professional" in Sec. 20- 3.4, Special Use Conditions
be removed; and that all references to Group Home II also be removed.
Mrs. Beclanan questioned if the current ordinance could be amended in any way to add in
restrictions. Mr. Vageline responded that there is already a 1,000 foot separation requirement
between each group home.
Vote: 4 Ayes 2 Nays (Mr. Morton and Mrs, Young)
TJ V /SAY
X.,TB\PB Minutes\2010 Minutes\ 7- 13- 20i0\PB.4N?inutes.7.I3.2010 &xcerpt Group Home.doc
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