24South Miami
M•GmericaCtlY
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Buford R. "Randy" Witt, Acting City Managerw
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: August 17, 2010
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 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.
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 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.
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 P' from a "P ", Permitted Use to an "S ", Special
Use.
(2) In addition, LDC Section 20- 3.4(B)(15) 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 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.
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 Minutes Excerpt 7 -13 -10
TJV /SAY
X: \Comm Items\2010 \8 -17 -10 \LDC Amend Group Homes CM Report.doc
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ORDINANCE NO.
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 Home 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 1; 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.
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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 clean
visible from the street.
(f) There shall be no signaee 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
ATTEST:
CITY CLERK
day of 2010
APPROVED:
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3
1" Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
(New wording in bold and underlined,; wording removed in ewh6=A6�atgk)
X (Comm ltems1201 M -17 -I MLDC Amend Group Homes Ord.doc
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ORDINANCE NO. 34 =08 -1969
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, 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 COMMUNITY 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, TOURIST DWELLINGS, AND
GROUP HOMES; PROVIDING FOR SEVERABHdfiY; 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 related 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
WHEREAS, 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 .recommendations 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 ML09, FLORIDA:
Section 1. 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
Bakery. Shall mean an establishment engaged in the retail sales of baked products for
consumption off site. The baked products maybe prepared either on or off site. A bakery is a
place for preparing, cooking, baking and selling of products on the premises. A bakery shall
be considered a retail use.
Boardinghouse (roominz- house). Shall mean a building otber than a hotel or motel where
Iodgine is provided for compensation with or without meals for three or more persons not
of the immediate family.
Community residential home. As defined in F.S. & 419.001, means "a dwelling unit licensed
to serve clients of the state department of children and family services, which provides a
living environment for seven (7) to fourteen 14 unrelated residents who operate as the
functional equivalent of a family, including such supervision and care by supportive staff as
may be necessary to meet the physical, emotional, and social needs of the residents." This
term may include adult congregate living facilities (ACLFs), assisted living facilities
(ALFA and other comparable care and rehabilitative facilities meeting the statutory
definition, distance and separation requirements (1,200 feet from another existing
community residential home, and not within 500 feet of a single - familv residential district).
This category is restricted to persons wbo do not require special provisions for emergency
evacuation.
Family .
living together as a single housekeeping unit in a dwelling. It can also mean one or more
persons permanently occupying a dwelling unit and living together as a single, nonprofit
household unit. Family does not include any society, club, fraternity, sorority,-association.
or Iike organization. This defmition does not include any group of individuals- whose
fundamental alteration of the city's local land use (zoning) scheme.
Group Home (I). Shall mean a licensed by the state department of children and family .
services, means a residential family living environment with supervision for six or less
2
Ord. no. 34 -08 -1969
people This is not considered a commercial use. Such a home is for persons who do not
require special provisions for emergency evacuation. In addition no such home may be
located within 1,000 feet of another existing group home, with the said distance to be
measured in a straight line from the nearest point of the property line of the existing home
to the nearest point of the property line of the proposed home.
Group Home (2). Shall mean an Unlicensed Group Home means a residential family living
environment with supervision for six or less people. This is not considered a commercial
licensed or unlicensed group home, the distance is to be measured in a straight line from
the nearest point of the property line of the existing home to the nearest point of the
property line of the proposed home.
Tourist Dwelling Shall mean a. single-family or two - family dwelling which is used as a
tourist dwelling. A, single- family or two - family dwelling shall be considered a tourist
dwelling according to the following criteria:
,(1) If the single - family or two - family dwelling is subject to or operates under an
arrangement plan or design whereby the use of the dwelling or unit within the
dwelling has been segmented over time so that owners, lessees or holders
(regardless of the form of ownership or the form in which the right to use is
expressed) of such unit has a recurring exclusive right to use either that dwelling or
unit or another unit in the same dwelling according to a predetermined fixed
schedule and only if the schedule would permit in any one year a change or
turnover of occupancy four or niore times, it shall be considered a tourist dwelling.
(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
facilities within the dwelling or in a unit in the dwelling are offered to the public or
reserved' to private parties and the use thereof by members of the public is
primarlIV 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
presumption arises that the dwelling or unit is not being used as a tourist home.
Provided further that if the'oecupancy of such dwelling or unit does not change
more frequently than four times or more in any continuous 12 -month period, then
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 in such a way that
dwelling.
Ord. no. 34 -08 -1969
Section 2. That Section 20- 3.3(D) "Permitted Use Schedule" of the South Miami Land
Development Code is hereby amended as follows:
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Ord. No. 34 -08 -1969
Section 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. Ail 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 thisa"day of�� �2008.
ATTEST:
Y CLERK
MAYOR
1St Reading= 8/27/08
2nd Reading- 9/2/08
COMMISSION VOTE:
RE OVED AS O FORM: Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Luis R. Figueredo, Commissioner Beckman:
NagufGallbp Figueredo, P.A. Commissioner Palmer:
Office of City Attorney
4 -0
Yea
Yea
Yea
Yea
absent
NOTE: New wording in bold print and underlined: wording to be removed indicated by strike -
through.
X: \Comm Items\2008\9- 2- 08\LDC Amend Definitions Ord - Updated 8- 27- 08.rtf
5
Youkilis, Sanford
From: AslanF @aol.com
Sent: Thursday, March 18, 2010 9:45 PM
To: markgoldstein98 @yahoo.com; Vageline, Thomas; Youkilis, Sanford; Newman, Velerie
Cc: pkstoddard @gmail.com; Beasley D. Brian (g- mail); picbywal @atlanticbb.net
Subject: Re: Group Home 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 this to the citizen architect who spoke in opposition to group homes at the 3/16 Commission meeting.
Unless we can pull a rabbit out of a hat, we will not be able to legally create a ordinance
banning group homes.
Larry
Laurence Feingold P.A.
City Attorney of South Mianni.
City hall (305) 663 -6340
Beach off lCe: (305) 538 -1686
Cell: (305) 495 -7887
Fax: (305) 538 -7875
Web: laurencefeingold.com
To: Honorable Chair and Date: July 13, 2010
Planning Board Members
From: Thomas J. Vageline, Director Re: LDC Amendment — Permitted
Planning and Zoning Department /> Use -Group Homes To S Category
Sec. 20- 3.3(D); Sec. 20 -3.4
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 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 band 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 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. (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 process or special use
approval process (as in South Miami) may pass constitutionality if the conditions adopted are
LDC Amendment
July 13, 2010
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 P' from a "P ",
Permitted Use to an "S ", Special Use.
In addition, LDC Section 20- 3.4(B)(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 & II as follows:
20 -3.4 Special use conditions.
(15) Resefved.
Group Home I and Group Home II
(a) There is required a minimum of two (2) narking spaces but no more than
two (2) unenclosed parking 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 clearly
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
Z: \PB\PB Agendas Staff Reports \2010 Agendas Staff Reports \7- 13- 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 139 2010
City Commission Chambers
7:30 P.M.
EXCERPT
I. 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.
II. 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
III. 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 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
Planning Board Meeting
July 13, 2010 Excerpt
Page 2 of 4
Action: Mrs. Young read the item into the record.
Mr. Morton questioned if the application is addressing Group Home I and II. Mr. Vageline
responded yes, however, Group Home 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) unenclosed
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. Youkilis commented that there is no other category of use in between Permitted and Special
Use. It is one or the other.
Planning 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. Mr. 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 Sec. 20- 3.4, Special Use Conditions be removed; and
that all references to Group Home II also be removed.
Vote: 4 Ayes 2 Nays (Mr. 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 II.
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. Beckman 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)
TJV /SAY
X: \PB \PB Minutes\2010 Minutes \7- 13- 2010\PB.Minutes.7.13.2010 Excerpt Group Home.doc