Loading...
Res No 053-23-15987RESOLUTION NO. 053-23-15987. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DENYING A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ADULT FAMILY CARE HOME WITIDN THE LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-3) ZONING DISTRICT ON PROPERTY LOCATED AT 6021 SW 62 PLACE; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Ms. Yajaira Fuentes (the "Owner"), submitted Application No. PB-23-004 (the "Application"), requesting a Special Use pursuant to both Sections 20-3.3 and Section 20-5.8 of the Land Development Code (the "LDC") to allow an Adult Family Care Home at 6021 SW 62 Place (the "Property"); and WHEREAS, the "Adult Family Care Home" use is permitted as a Special Use within the RS-3 zoning district and is subject to meeting the Special Use General and Special Requirements specified in Sections 20-3.4(A) and 20-3.4(B)(13) of the LDC, respectively; and WHEREAS, at a Public Hearing held on April 11, 2023, the Planning Board reviewed the Application and declined to make a formal recommendation after a motion to approve the Application failed by a vote of three (3) to four (4) and no subsequent motion was offered or considered; and WHEREAS, the Mayor and City Commission of the City of South Miami, having considered the request for approval of the Application pursuant to Section 20-3.3 of the LDC and having found that those conditions listed in Sections 20-3.4 and 20-5.8 of the LDC have not been met, desire to deny the requested Adult Family Care Home Special Use application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals and Findings. The recitals set forth in this resolution are true and correct, are supported by competent substantial evidence, and incorporated into this resolution by reference as set forth in full herein. The City Commission finds that the requested Special Use Application does not meet the requirements and criteria of Sections 20-3.3, 20-3.4 and 20-5.8 of the LDC. Section 2. Denial. The Application submitted by Ms. Yajaira Fuentes, requesting a Special Use to allow an Adult Family Care Home, within the RS-3 zoning district located at 6021 SW 62 Place, South Miami, Florida, is hereby denied. Section 3. Conditions. [This section applicable only if approved] This special use is hereby approved subject to the following terms and conditions as well as all applicable City ordinances, codes, rules, and regulations: Page 1 of 3 Res. No. 053-23-15987 1. Apply for and obtain a Local Business Tax Receipt and Certificate of Use from the City of South Miami; 2. Apply for and obtain licensure from the Florida Agency for Health Care Administration and/or any other agency with jurisdiction; 3. Compliance with all applicable requirements of state law; 4. In addition to family members, no more than five (5) elderly persons or adults with a disability, who are not related to the owner, may reside at the Adult Family Care Home (AFCH); 5. The City of South Miami reserves the right to request proof that the AFCH remains in active status; 6. Building Permits may be required for any renovations to the Property; and 7. If the special use is, in the future, determined by the Director of the Planning and Zoning Department or the City Commission, to be adversely affecting the health, safety or welfare, including quiet enjoyment, of persons residing or working in the vicinity of the proposed use, or otherwise to be detrimental to the public welfare or property or improvements in the surrounding neighborhood, or to not be in compliance with any other applicable LDC, Code, statutory or Florida Administrative Code provisions, the special use approval may be modified, with conditions of approval revised or added to alleviate such adverse effect, or revoked by the City Commission in the manner set forth in Section 4 of this Resolution. Section 4. Enforcement of Conditions. [This section applicable only if approved] The Owner of the Property understands and acknowledges that she must comply with these conditions and all other applicable requirements of the LDC and City Code before they may commence construction or occupancy, and that the foregoing approval in this Resolution may be revoked by the City at any time upon a determination by the City Commission, following a public hearing, that the Owner, or any successor, is in non-compliance with the LDC, the City Code and/or the conditions of this Approval and has failed to cure, or to provide an acceptable plan to timely cure, the non-compliance. Section 5. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Page 2 of 3 Res. No. 053-23 -1 5987 Section 6. S everabilitv . ln th e e vent any portion or sec t io n of thi s Resolution is determined to be invalid , ill egal, or unconstituti o na l by a court or agency of competen t jurisdiction , s uch decision sh a ll in no way affect the remaini n g portions of thi s Resol ution , which sha ll re m a in full fo rce and effec t. Section 7. adoption. Effective Date. Thi s reso luti on s hall b eco me e ffe c ti ve immedia tel y up o n PASSED AND ADOPTED this 16 th day of May, 2023. ATTEST: APPROVED: READ AND APPROVED AS TO FORM, COMMISS ION VOTE: 4-l LANGUAGE, LEGALITY AND Mayor Fernandez: Yea EXEC ON THEREOF Vice May or Bon ic h: Yea Commissioner Li e bman: Yea Commis si o n er C o rey: Yea C Conunissio n er C all e : Nay WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. Page 3 of 3 Agenda Item No:10. City Commission Agenda Item Report Meeting Date: May 16, 2023 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: QUASI-JUDICIAL WARNING: THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE RESTRICTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ADULT FAMILY CARE HOME WITHIN THE LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-3) ZONING DISTRICT ON PROPERTY LOCATED AT 6021 SW 62 PLACE; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 4/5 (CITY MANAGER-PLANNING DEPT.) Suggested Action: Attachments: CC_Fuentes_AFCH_Staff_Report_05162023_Final2.docx 46H6708-Resolution Re Adult Family Care Home - Fuentes Application - 6021 SW 62 Place CAv2.docx PB-23-004 Documents.pdf Draft PB Regular Meeting Minutes - 4-11-2023.docx MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM: Genaro “Chip” Iglesias, City Manager DATE:May 16, 2023 SUBJECT: Resolution related to a special use request to permit an adult family care home. RECOMMENDATION: Staff recommends that the City Commission Approve the Special Use application for the “Adult Family Care Home,” subject to the following terms and conditions, as well as all applicable City ordinances, codes, rules, and regulations: 1. Apply for and obtain a Local Business Tax Receipt and Certificate of Use from the City of South Miami; 2. Apply for and obtain licensure from the Agency for Health Care Administration; 3. Compliance with all applicable requirements of state law; 4. In addition to family members, no more than five (5) elderly persons or adults with a disability, who are not related to the owner may reside at the Adult Family Care Home (AFDC) ; 5. The City of South Miami reserves the right to request proof that the AFCH remains in Active Status. 6. Building Permits may be required for any renovations to the site; and 7. If the special use is, in the future, determined by the Director of the Planning and Zoning Department or the City Commission, to be adversely affecting the health, safety or welfare, including quiet enjoyment, of persons residing or working in the vicinity of the proposed use, or otherwise to be detrimental to the public welfare or property or improvements in the surrounding neighborhood, or to be not in compliance with any other applicable Code provisions, the special use approval may be modified, with conditions of approval revised or added to alleviate such adverse effect, or revoked by the City Commission upon notification and public hearing. BACKGROUND: In April2022, the City Commission adopted Ordinance #09-22-2430 which amended the City’s regulations pertaining to residential care type uses. As part of that amendment, the “Adult Family Care Home” use (AFCH) was created and added to the Land Development Code (LDC) as a Special Use approval. Pursuant to Section 20-2.3 of the LDC, an AFCH is defined as 2 SoutOO iami THE CITY OF PLEASANT LIVING Adult Family Care Home.Adult family care homes provide full-time, family-type living in a private home for up to five elderly persons or adults with a disability, who are not related to the owner. The owner lives in the same house as the residents. The basic services include, but are not limited to: housing and nutritional meals; help with the activities of daily living, like bathing, dressing, eating, walking, physical transfer, giving medications or helping residents give themselves medications; supervision of residents; arrange for health care services; provide or arrange for transportation to health care services; health monitoring; and social activities. Adult family care homes are licensed and surveyed by the State of Florida. The Applicant, Ms. Yajaira Fuentes, the current owner, and resident of the property located at 6021 SW 62 Place has submitted an application to the City, requesting approval to open an AFCH in her residence. That way, she can care for her elderly parents as well as provide similar services to other elderly individuals that are also in need of care. Upon review of the City’s Permitted Use Schedule, Section 20-3.3(D) of the Land Development Code (LDC), it was determined that a Special Use approval by the City Commission would be required prior to the commencement of any activities associated with the business. Proposed Adult Family Care Home Location Map REQUEST: Ms. Yajaira Fuentes, the Applicant, is requesting approval to permit an “Adult Family Care Home” in her one-story single-family residential home which is located at 6021 SW 62 Place (Subject Property). The Subject Property is in the City’s Low Density Single-Family Residential (RS-3) zoning district. Pursuant to the regulations listed in the Permitted Use Schedule, Section 20-3.3(D) of the Land Development Code (LDC), a Special Use permit is required for the operation of an Adult Family Care Home in the RS-3 zoning district. ANALYSIS: Pursuant to the Special Use Conditions, Section 20-3.4 of the LDC, a special use may be approved and permitted by the City Commission at a public hearing, after a recommendation by the Planning Board, provided that such use complies with the general requirements, special requirements, and any other conditions that the City Commission may consider appropriate and necessary. When reviewing the project, the following items are noted: After review of the City’s Zoning Map, it was determined that the subject property abuts the following zoning districts: SUBJECT PROPERTY 3 6241 6231 622 1 SW 60TH ST 6230 6240 6241 6231 SW 61ST ST 6240 o North: Low Density Single-Family Residential (RS-3) o South: Low Density Single-Family Residential (RS-3) o East: Low Density Single-Family Residential (RS-3) o West: Low Density Single-Family Residential (RS-3) The City permits other residential care facilities in its residential zoning districts. These uses are: o Group Home I Licensed (6 or less) Shall mean a home licensed by the state department of children and family services, to operate as a residential family living environment with supervision for six (6) or less 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 one thousand (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. o Group Home II Unlicensed (6 or less) Shall mean an unlicensed group home operating as a residential family living environment with supervision for six (6) or less 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 one thousand (1,000) feet of another existing 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. The AFCH use differs from the City’s “Group Home 1” and “Group Home 2” uses in that the AFCH does not have a minimum distance requirement. Both the Group Home 1 and Group Home 2 uses require that no such home may be located within one thousand (1,000) feet of another existing licensed or unlicensed group home. The AFCH use does not carry this requirement. The total number of individuals allowed in an AFCH is lower than the “Group Home 1” and “Group Home 2 uses.” The applicant provided the City with a letter stating that she owns and fully resides at the Subject Property and will continue to live at the property. In an email to City Staff dated March 21, 2023, regarding the Certificate of Use, the Applicant stated that she was currently looking into housing 2 elders, but it may be increased to three (3) elders. The AFCH use is regulated by the state’s Agency for Health Care Administration (AHCA), who requires licensure pursuant to Florida Statute 429.67. In her Letter of Intent to the City, the Applicant states that she has been taking care of her elderly parents for the past four (4) years. Per the City’s definition of an AFCH, up to five elderly persons or adults with a disability, who are not related to the owner, may reside in the home. Furthermore, Florida Statute 429.65 defines an AFCH as: “Adult family-care home” means a full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five disabled adults 4 or frail elders who are not relatives. The following family-type living arrangements are not required to be licensed as an adult family-care home: a. An arrangement whereby the person who owns or rents the home provides room, board, and personal services for not more than two adults who do not receive optional state supplementation under s. 409.212. The person who provides the housing, meals, and personal care must own or rent the home and reside therein. b. An arrangement whereby the person who owns or rents the home provides room, board, and personal services only to his or her relatives. c. An establishment that is licensed as an assisted living facility under this chapter. Based on the definitions above, if the Applicant intends to only care for her elderly relatives, then a state license for the AFCH would not be required. If the Applicant cares for two (2) elderly individuals who are not related to her and do not receive any type of state supplementation that is consistent with Florida Statute 409.212, then a state license wouldn’t be required either. A state license would only be required if she were to care for two (2) adults that receive supplementation or three (3) or more elderly individuals. Please note that both the State’s definition and the City’s definition limits the number of adults in the AFCH to five (5) individuals who are not related to the Applicant. The applicant has provided the City with an incomplete copy of the license application that she intends to complete and file with AHCA once approved. As shown on the application, the name for the business will be “Golden Years Adult Family Home Care Center, LLC.” Because the business will be filed under a corporation, a Local Business Tax Receipt (BTR) and Certificate of Use will be required prior to the commencement of any activities regardless of any determination by AHCA. Because there is no work proposed for the single family-residential structure, the applicant was permitted to provide a property survey in lieu of providing a site plan. The Applicant also provided a floor plan for the existing residence which mirrors the floor plan that she obtained from the City’s Microfilm Department. While there aren’t any renovations proposed for the site at this time, a building permit may be required depending on the work, if any, that is proposed in the future. PARKING SPACE ANALYSIS Pursuant to Section 20-3.3(D) of the LDC, the minimum parking space requirement for an AFCH is as follows: Two (2) spaces per dwelling unit except on properties in the RS-4 and RS-5 districts with less than fifty (50) feet of frontage, where one (1) space per dwelling unit must be provided. Pursuant to the survey that was provided, the site shows a covered driveway, and the plans show an attached garage. When combined, the minimum parking space requirement listed above will be satisfied. SPECIAL USE REGULATIONS To be approved, the proposed AFCH must comply with the Special Use general requirements listed in Section 20-3.4(A) of the LDC which are as follows: Section 20-3.4(A) General Requirements. 5 (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing, planned or anticipated surrounding uses. (3) A public hearing shall be held by the City Commission to determine the overall compatibility of the use with the surrounding neighborhood. (4) If a special use is, in the future, determined by the Director of the Planningand Zoning Department or the City Commission, to be adversely affecting the health, safety or welfare, including quiet enjoyment, of persons residing or working in the vicinity of the proposed use, or otherwise to be detrimental to the public welfare or property or improvements in the surrounding neighborhood, or to be not in compliance with any other applicable Code provisions, the special use approval may be modified, with conditions of approval revised or added to alleviate such adverse effect, or revoked by the City Commission upon notification and public hearing. Additionally, the proposed AFCH must also comply with the Special Use special requirements listed in Section 20-3.4(B)(13) of the LDC which are as follows: Section 20-3.4(B) Special Requirements 13. ADULT FAMILY CARE HOME, ASSISTED LIVING FACILITY, COMMUNITY RESIDENTIAL HOME, CONTINUING CARE RETIREMENT COMMUNITY, AND NURSING HOME. All such uses shall comply with all applicable requirements of state law. Last, theproposed AFCH must comply with the Special Use required conditions listed in Section 20-5.8(B) of the LDC which are as follows: 20-5.8(B) - Special use approvals – Required Conditions 1. Prior to approving a special use, the City Commission shall find that such use meets the conditional requirements set forth in Section 20-3.4 and that it: a. Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; b. Will not be detrimental to the public welfare or property or improvements in the neighborhood; and c. Complies with all other applicable Code provisions. 2. Additional Conditions. The City Commission may designate such additional conditions in connection with a special use as will, in its opinion, assure that such use will conform to the foregoing requirements. SPECIAL USE ANALYSIS Section 20-3.4 of the LDC provides the standards against which this application must be reviewed. The following is staff’s analysis of both the Special Use General and Special Requirements for the proposed AFCH that are quantifiable: 6 General Requirements 1.All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. Staff Response: The proposed use of an AFCH is a use that is permitted in the RS-3 zoning district but requires Special Use approval from the City Commission prior to the commencement of any activities. To comply with this requirement, the applicant submitted a Special Use application to the City for review. If approved, the applicant will be required to obtain both a Local Business Tax Receipt (BTR) and a Certificate of Use from the City that will require renewal annually. The Applicant will also be required to comply with any additional conditions that are placed on the item by the City Commission.Staff would like to point out that, if approved, the Special Use is the first step in a two-step process to operate the Adult Family Care Home. The applicant will still need to obtain approvals through AHCA prior to beginning operations. As a Condition of Approval for the proposed Special Use, staff has included a provision (Condition #5) where the City of South Miami reserves the right to require proof that the AFCH remains in active status. 2.All such uses shall be determined to be of a compatible and complementary nature with any existing, planned or anticipated surrounding uses. Staff Response:The purpose of an AFCH is to provide the elderly with an environment that closely resembles the typical structure of a family that includes assistance with the activities of daily living such as bathing, dressing, eating, walking, and the giving of medications. Because the subject property is surrounded by other single-family residential structures, these types of activities are activities that would normally be found in other residential structures. Because of the type of care that will be provided, the proposed AFCH would be compatible and complementary to any existing, planned or anticipated surrounding uses. Special Requirements 1. All such uses shall comply with all applicable requirements of state law. Staff Response:Pursuant to Section 20-3.4(B)(13) of the LDC, the applicant is required to comply with all applicable requirements of state law. City Staff, to the best of its’ ability, has compiled all of the state regulations pertaining to the AFCH use which is attached. It is important to note that pursuant to Florida Statute 429.67, the applicant is required to obtain licensure from the Agency for Health Care Administration (AHCA). The applicant has already started the process of applying to AHCA for licensure and has provided an incomplete copy of the application package which is attached for review. Because the state regulations for AFCHs encompass several state statutes, it is recommended that this LDC regulation be made a condition of approval for the project. PREVIOUS ACTION: On April 11, 2023, the Planning Board (PB) held a Public Hearing on the item. At that meeting two (2) property owners in the area of the proposed use expressed their objection to its approval. A Motion to Approve the item failed by a vote of three (3) to four (4). The PB declined to make a motion to Deny the application. The Board then held a second vote to recommend that the City Commission review the requirements to allow an AFCH as a Special Use in residential zoning and to provide more specificity in the Ordinance in relation to the location of such homes, distance from other AFCH’s, signage, and number of employees. The Board would like the requirements for AFCH’s to more closely mirror the requirements for Group Homes # 1 and #2. ATTACHMENTS: 7 Application, Dated March 3, 2023 Letter of Intent; Letter from Yajaira Fuentes; Warranty Deed; Scribner’s Affidavit, dated April 10, 2023; Letter of Support from Ms. Jeanette Benjamin, dated March 3, 2023; Chapter 58A-14, Florida Administrative Code & Florida Administrative Register: Adult Family Care Homes; Florida Statute 409.212 – Optional Supplementation; Florida Statute 429.65 – Definitions; Florida Statute 429.67 – Licensure; Florida Statute 429-71 – Classification of Deficiencies; Administrative Fines; Florida Statute 429-73 – Rules and Standards relating to Adult Family Care Homes; Florida Statute 429-75 – Training and Education Programs; Florida Statute 429.81 – Residency Agreements; Florida Statute 429.85 – Residents’ Bill of Rights; Ordinance #09-22-2430; Incomplete Health Care Licensing Application – Adult Family Care Home, dated March 20, 2023 Certificate of Use Email from Yajaira Fuentes, dated March 21, 2023 Mailing Label Affidavit w/ Location Map, dated March 3, 2023 Neighborhood Awareness Affidavit w/Neighborhood Awareness Letter, dated March 3, 2023 City Notice of Public Hearing Legal Ad Copy of Original Floor Plan Map of Boundary Survey Floor Plan 8 12 City of South Miami Plannzng & Zoning D epartment THE CITY O F PLE:\S1\NT LIVINC City Hall, 6 I 30 Sunset Drive, South Miami , Florida 33 I 43 Telephone: (305) 663-6326 A lication f or Public Hea rin a be f ore Plann in Board & C i , Commission Addr ess of Subj ect Property :&:J02/ 6L-U ft;,,2. I . Lot(s) __ Block Subdivision 61J'U'Jh. ,L1c_(')J(A. ; ..JI 3:3/' 1..PB --Meets & Bounds: ~ ~ V Appl ican t: Phone : ?'f:r 0 . ?JO~- Address : Property Owne r: 'tJ/CiJ I ya_ ~ .fl' n f?6 Maili ng Address: t.o'"7J.21 _6k.J b2 'p/. . ,l-,/oui Arch itect/Engineer: Organization : Phone: Phone: Phone : AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT : ~wner _Owner's Representative _ Contract to purchase _Option to purchase _ Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: P~S E CHECK ALL THAT APPLY: -Text Amendment to LDC _Variance _ Le tte r of intent _ Zoning Map Amendment ~Special Use _ Justifications for change _ PUD Approval _Special Exception _ Statement of hardship _ PUD Major Change _Abandonment of ROW ~roof of ownership or letter from owner _Other (Waiver of Plat) _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase _ Current survey (1 original sealed and signed/1 reduced copy @ 11" x 17'') _ 15 copies of Site Plan and Floor Plans 24 x 36", 1 reduced copy @ 11" x 17" _ Affidavit-Receipts attesting to mail notices sent Section: --Subsection: --Page#: __ Amended Date: -Petition ✓Mailing labels (3 sets) and map _ Required Fee(s) Upon receipt, applications and all submitted m aterials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance wi ll be reje cted and returned to the applicant. OFFICE USE ONLY: Date Filed. _____ _ Date of PB Hearing ______ Date of Commission _____ _ Petition Required. __ _ Petition Accepted ______ _ Method of Pa ment https://southmiarniflgov.sha repoint.com /planning/Shared Documents/Forms 2/Current Planning Departm e nt Form s/Plannin g Department Forms/Plannin g Board/PB -Public Hearing Application -Revised 10-6-2021.do c 13 LETTER OF INTENT My name is Yajaira Fuentes, I am a South Miami resident for over 24 years but have lived in Miami for 31 years. I am a single white latin 49 year old woman with two sons ages 21 and 24. My sons live on their own. My career is as licensed Florida realtor as well as Community Association Manager and State of Florida Notary Public. However, my life has changed dramatically and I have had to put my career on hold and have dedicated my life to care for my elder parents for the last 4 years. I have always cared for them but now they live with me full time. My father Luis Fuentes, is a 90 year old United States Army Veteran. I saved his life as per what the VA doctors told me once I got him there. I had to rush to Puerto Rico where they lived after receiving a phone call from my cousin, as he fell and my mother was unable to take him to the doctor nor let anyone take him. I travelled via Spirit Airlines on the midnight flight into Aguadilla, Pr. Arrived at 3am, slept in a cold motel and picked up my parents at 6 am to aboard a flight back to Miami departing 3am with final destination Veterans Hospital. My mother, at the time was 78 years old with alzheimers, today she is 83 with full blown Alzheimers. My father at this time was suffering from seizers, had blood in his brain due to the fall and not in good shape, thankfully, I reached him in time. I am fully dedicated to my parents and have provided the upmost care I humanly can. I have learned a lot on care for seniors, I have always been involved with the Veterans Administration, the HHA's, doctors, register nurses, therapist, nubitionist, aid, you name it and I have there. So, why not provide the same excellent care to other elders? Therefore, after all these experiences and all these wonderful people doing and providing so much to this world, our ancestors, our memories, how can we not be there for them? I have seen some scary things with elders at hospitals, nursing homes and even in my line of work as a property manager for Catholic Health Services. I would not want that for our loved ones. Therefore, I would like to make a difference and help our elders and I know I am capable of this. My intent to provide the upmost care I possibly can and accommodate and facilitate the best living for our golden heirs until our Lord Savior embraces them. I greatly appreciate your consideration into my application and allowing me to establish this business of Adult Family Home Care in my horn er I can enhance our elders lives. Yajaira Fuentes, 6021 SW Cell: 786-306-3000 ~ ace, South Miami, A 33143 14 Yajaira Fuentes 6021 SW 62 Place South Miami, Fl 33143 I, Yajaira Fuentes, certify that I own and reside fulltime at 6021 SW 62 Place, South Miami, Fl 33143 where I would like to open an Adult Family Home Care Center and will continue living in the property throughout the business as required. 15 CFN: 20120886426 BOOK 28393 PAGE 281 DATE:12/11/2012 08:15:43 AM DEED DOC 960.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Tio"' l>ocamnat Pr_.-.... By a¢ Rrilllrn to: Marrero, T.xivedi, AJ.vare:z, Chamizo Law Lp JULIO C. MARRERO, E:sq 3850 Bi.rd Raad-'-Ph. 10 CORAL GABLE$, l<'.L 331.46 305-446-0163 ParcellDN..-bc,·: 09-4025-039-0160 Warranty Deed Thi.<r Indenture, Made this 3rd day of December Christopher John Diaz, a. single man • 2012 J\.D .• or 1ho, l'."<>unty of M:i.ami-Dad.e s1a1c or Fl.orida Yajaira Fuentaa, a sing1a woman whmc: ud,lr=s ;,,_ 6051 SW 62nd Place, Miami, FL 33143 Between • grantor. "nd of the Co1JJ1ly of Miami-Dada SUttt, of" Fl.orida ., g1-antce. Witnesseth tut the GRANTOR, fur and ia considcnitron ot'thc -.u at ------------------------TEN DOLIARS ($10) --------------------,.---DOLLARS. and other good and vat-blc consid,:rltliun ID GRANTOR ill b.uid pajJ by GRANTEE. tbc ,...,..ipl whctou£ "' h,m,by adu>owh:dg~. bus g,DDlcd, b,.,-goin=d ...i sold to lbe Sftid GRAN"n:E ftAd GRANTEFS hens. sue-~ nnd nssigns ro.-c-v=, the rollowiag dc:ocrib(.-d 11111d, situate, lying end being in the County of' Miami-Dade St.ala of l!'l..orida 1,c, wi1· Lot 1, B.1ock 5, Twin Lakes Manor, according to the map or p1at thereof, as recorded. in Pl..at Book 57, Page(a) 82, of the Pub1ic Records of Miami-Dada County, F:l.or:i.da. Subject to .restrictions, reservations any, and taxes subsequent to 2013. im.d the g.-mum docs br.Tchy fully w,,murt the tilk ro said land, Mid ~I detcad the HmC: itllllUW lawti&l claims of all p<:rsons whomso-;vcr. In Witness Whereof. the 8f1U11DI' has ~maw ,..,1 his bDIJd ond se,,1 lhi, tlay umJ yew Jin<l ubove "'lille" i , ni.'d, ~le and delivered in o ST ATE OF F1o:r:i.da COUNTY OF Mianu.-Dac:w -----,--~-----------).,.,,.._/'_:a._.,,.._/ .... _-: _ (Seal) Christopha:c 3o11n ~z t> 0. Addte..-s: SIIOJ SW fol Sn-eet, South MIA,.;. FL 33143 Th~ Jorcgoi,,. i!llluumail was llcl<lwwkclged bcloR me lhio: 3rd day of X>ecember • 2012 Christopher John Diaz, a s~ng1e man who >S personally known lu me or wbo h.,, proclucod his Fl.o:r:i.da My Commr.ision Expires: 1.2RE2576B L.-.a~b,-ODbfib,rSy:,:w:m,.,.l--. ?OU ~.,.,;JSJJ >'oo»'f'LWt>-t 16 This Instrument Prepared by: Jessica Serrano, Esq. GABLES TITLE, INC. 3850 Bird Road, #1002 Miami , Florida 33146 STATE OF FLORIDA COUNTY OF MIAMI-DADE SCRIVENER'S AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared the undersigned Yajaira Fuentes, a single woman, (the "Grantee") who being by me first duly sworn, on oath, depose(s) and say(s) that: 1. That the affiants make this affidavit in order to correct the Warranty Deed dated December 3'•, 2012 and recorded December 11th, 2012 in Official Records Book 28393, Page 281 of the Public Records of Miami-Dade County, Florida for such property legally described as: Lot 1, in Block 5, of Twin Lakes Manor, according to the Plat thereof, recorded in Plat Book 57, at Page 82, of the Public Records of Miami-Dade County, Florida. 2. That the affiants makes this affidavit for said Warranty Deed described herein to include the correct property address to read as follows: 6021 SW 62nd Place, Miami, FL 33143. FURTHER AFFIANT SA YETH NAUGHT. Under penalties of perjury, I declare that I have examined this affidavit and to the best of my knowledge and belief, it is tru correct and complete, and I further declare that I have authority to sign this affidavit. Yaj The foregoing instrument was acknowledged before me by means of [x] physical presence or [ ] online notarization, this / 0 ·0.day of April 2023, by Yajaira Fuentes, who is personally known to me or who has produced the following as identificatio.r --'-'""-..,---------------- [SEAL] MARIACASTEU»lO CommlNlon I HH 211498 Explr .. Janua,y 13, 2026 17March 3, 2023 To Whom It May Concern: My name is Jeanette Benjamin and it is my privilege to support Jahida Fuentes' effort to open an Adult Home for the Elderly in South Miami. I have known Ms. Fuentes since she moved into the neighborhood which is about 18 years now. Ms. Fuentes is the epitome of what a neighbor should be; She is kind, compassionate, generous and takes pride in keeping her property manicured and clean. Currently, Ms. Fuentes is caring for her elderly parents. While this is a large undertaking, Ms. Fuentes is doing a wonderful job with love and empathy which are important traits of a caregiver. Ms. Fuentes has both the qualities and experience required of an excellent caregiver and it is because of these qualities that I do not hesitate in recommending Ms. Fuentes for your consideration as an operator of an Adult Home for the Elderly. Should you have any questions or concerns, please feel free to contact at (305) 323-3015. Kind regards, .. ;,·· , 7 • • / .... ~/. .,:_ ,;'--i • -, • ' / f ,. , lf , • ,, / • :< "~ .f, ~. ~; h... ,,,..Jeanette Benjamin 5961 SW 62 Place South Miami, FL 33143 (305) 323-3015 18 58A-14.002 58A-14.003 58A-14.004 58A-14.0061 58A-14.0062 58A-14.007 58A-14.008 58A-14.0085 58A-14.009 58A-14.0091 58A-14.010 Definitions (Transferred) CHAPTER SSA-14 ADULT FAMILY-CARE HOMES License Application, Renewal and Conditional Licenses (Transferred) License Requirements (Transferred) Admission Criteria and Procedures, Appropriateness of Placement, and Continued Residency Requirements (Transferred) Residency Agreement (Transferred) Standards and Practices for Care and Services (Transferred) Staff Qualifications, Responsibilities and Training (Transferred) Records (Transferred) Physical Site Standards (Transferred) Fire Safety Standards and Emergency Procedures (Transferred) Administrative Enforcement (Transferred) SSA-14.002 Definitions. Rulemaking Authority 429.67, 429.73 FS. Law Implemented 429.65, 429.67, 429.71, 429.73 FS. Hist01y-New 5-14-86, Amended 2-2-95, Formerly lOA-14.002, Amended 9-19-96, 6-6-99, 4-15-10, Transferred to 59A-37.001, 7-1-19. SSA-14.003 License Application, Renewal and Conditional Licenses. Rulemaking Authority 429.67, 429.69, 429. 71, 429. 73 FS. Law Implemented 429.67, 429 .69, 429. 71, 429. 73 FS. History-New 5-14-86, Amended 2- 2-95, Formerly IOA-14.003, Amended 9-19-96, 3-25-98, 6-6-99, 1-1-04, 7-30-06, 4-15-10, Transferred to 59A-37.002, 7-1-19. SSA-14.004 License Requirements. Rulemaking Authority 429.67, 429.73 FS. Law Implemented 429.67, 429.73, 429.83 FS. Hisl01y-New 5-14-86, Amended 2-2-95, Formerly JOA- 14.004, Amended 9-19-96, 6-6-99, 4-15-10, Transferred to 59A-37.003, 7-1-19. 58A-14.0061 Admission Criteria and Procedures, Appropriateness of Placement, and Continued Residency Requirements. Rulemaking Authority 429. 73 FS. Law Implemented 429.65, 429. 73, 429.85 FS. Hist01y-New 2-2-95, Formerly lOA-14.0061, Amended 9-19-96, 6- 6-99, 1-1-04, 4-29-08, 9-16-10, Transferred to 59A-37.004, 7-1-19. SSA-14.0062 Residency Agreement. Rulemaking Authority 429.81 FS. Law Implemented 429.81, 429.85 FS. Histo1y-New 6-6-99, Amended 4-29-08, Transferred to 59A-37.005, 7-1- 19. SSA-14.007 Standards and Practices for Care and Services. Rulemaking Authority 429. 73 FS. Law implemented 429, 73, 429.85 FS. Histo,y-New 5-14-86. A111e11ded 2-2-95, Formerly lOA-14.007, Amended 9-19-96, 6-6-99, 4-29-08, 9-16-10, Transferred to 59A-37.006, 7-1-19. SSA-I 4.008 Staff Qualifications, Responsibilities and Training. Rule111aki11g Authority 429.67, 429. 73, 429. 75 FS. Law Jmpleme111ed 429 ,67, 429. 73, 429 75 FS. l-/istmy-Ne1F 2-2-95, Formerly /OA-/4.008, Amended 9-19-96, 6-6-99. /-1-04, 7-30-06, 4-15-10, Transferred to 59A-37.007, 7-1-/9. 58A-J 4.0085 Records. 19 Rulemaking Authority 429.67, 429. 73, 429. 75, 429.81 FS. Law lmplemenled 429.67, 429. 73, 429. 75, 429.81, 429.85 FS. History-New 6-6-99 , Amended 7-30-06, 4-29-08, Transferred to 59A-3 7. 008, 7-1-19. 58A-14.009 Physical Site Standards. Rulemaking Authority 429.67, 429.73 FS. Law Implemented 429.67, 429. 73 FS. History-New 2-2-95, Formerly J0A-14.009, Amended 9-19-96, 3- 25-98, 6-6-99, Transferred to 59A-37.009, 7-1-19. SSA-14.0091 Fire Safety Standards and Emergency Procedures. Rulemaking Authority 429.67, 429. 73 FS. Law Implemented 429.67, 429. 73 FS. History-New 9-19-96, Amended 6-6-99, 7-30-06, Transferred to 59A-37.010, 7-1-19. 58A-14.010 Administrative Enforcement. Rulemaking Authority 429.67, 429.71, 429.73 FS. Law Implemented 429.67, 429.71, 429.85 FS. History-New 2-2-95, Formerly l0A-14.010, Amended 9-19-96, 6-6-99, Transferred to 59A-37.0l 1, 7-1-19. 20 Select Year: 2022 v ~ The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) 21 Title XXX Cha P-t e r 409 Vi ew Enti re Cha Rter SOCIAL WELFARE SOCIAL AND ECONOMIC ASSISTANCE 409.212 Optional supplementation.- (1) There may be monthly optional supplementation payments, made in such amount as determined by the department, to any person who: (a) Meets all the program eligibility criteria for an assisted living facility or for adult foster care, family placement, or other specialized living arrangement; and (b) Is receiving a Supplemental Security Income check or is determined to be eligible for optional supplementation by the department . (2) The base rate of payment for optional state supplementation shall be established by the department within funds appropriated. Additional amounts may be provided for mental health residents in facilities designed to provide limited mental health services as provided for in s. 429.075. The base rate of payment does not include the personal needs allowance . (3) Assisted living facilities, adult family-care homes, family placement, or any other specialized living arrangement accepting residents who receive optional supplementation payments must comply with the requirements of 42 U.S.C. s. 1382e(e). (4) In addition to the amount of optional supplementation provided by the state, a person may receive additional supplementation from third parties to contribute to his or her cost of care. Additional supplementation may be provided under the following conditions: (a) Payments shall be made to the assisted living facility, or to the operator of an adult family-care home, family placement, or other special living arrangement, on behalf of the person and not directly to the optional state supplementation recipient. (b) Contributions made by third parties shall be entirely voluntary and shall not be a condition of providing proper care to the client. (c) The additional supplementation shall not exceed four times the provider rate recognized under the optional state supplementation program. (d) Rent vouchers issued pursuant to a federal, state, or local housing program may be issued directly to a recipient of optional state supplementation. (5) When contributions are made in accordance with the provisions of subsection (4), the department shall not count such supplements as income to the client for purposes of determining eligibility for, or computing the amount of, optional state supplementation benefits, nor shall the department increase an optional state supplementation payment to offset the reduction in Supplemental Security Income benefits that will occur because of the third- party contribution . (6) The optional state supplementation rate shall be increased by the cost-of-living adjustment to the federal benefits rate provided the average state optional supplementation contribution does not increase as a result. (7) The department may adopt rules to administer this section relating to eligibility requirements for optional state supplementation. History.-s . 10, ch. 78-433; s. 9, ch. 89-294; s. 16, ch. 90-295; s. 32, ch. 91-263; s. 31, ch. 95-210; s. 16, ch. 95-418; s. 10, ch . 97 -82; s. 5, ch. 97-98; s . 44, ch. 97-103; s. 12, ch. 98-148; s. 8, ch. 98-152; s. 10, ch. 2000-163; s. 47, ch. 2000-256; s. 79 , ch. 2006-197; s. 4, ch. 2015-126. Copyright © 1995-2023 The Florida Legislature • Privac y Stat ement • Co ntact Us 22 Select Year: 2022 v [ Go j The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XXX SOCIAL WELFARE ChaRter 429 ASSISTED CARE COMMUNITIES 429.65 Definitions.-As used in this part, the term: View Entire ChaRter (1) "Activities of daily living" means functions and tasks for self-care, including eating, bathing, grooming, dressing, ambulating, and other similar tasks. (2) "Adult family-care home" means a full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives. The following family-type living arrangements are not required to be licensed as an adult family-care home: (a) An arrangement whereby the person who owns or rents the home provides room, board, and personal services for not more than two adults who do not receive optional state supplementation under s. 409. 212. The person who provides the housing, meals, and personal lcare must own or rent the home and reside therein. (b) An arrangement whereby the person who owns or rents the home provides room, board, and personal services only to his or her relatives. (c) An establishment that is licensed as an assisted living facility under this chapter. (3) "Agency" means the Agency for Health Care Administration. (4) "Aging in place" means remaining in a noninstitutional living environment despite the physical or mental changes that may occur in a person who is aging. For aging in place to occur, needed services are added, increased, or adjusted to compensate for a person's physical or mental changes. (5) "Appropriate placement" means that the resident's needs can be met by the adult family-care home or can be met by services arranged by the adult family-care home or the resident. (6) "Chemical restraint" means a pharmacologic drug that physically limits, restricts, or deprives an individual of movement or mobility, and is used for discipline or convenience and not required for the treatment of medical symptoms. (7) "Department" means the Department of Elderly Affairs. (8) "Disabled adult" means any person between 18 and 59 years of age, inclusive, who is a resident of the state and who has one or more permanent physical or mental limitations that restrict the person's ability to perform the normal activities of daily living. (9) "Frail elder" means a functionally impaired elderly person who is 60 years of age or older and who has physical or mental limitations that restrict the person's ability to perform the normal activities of daily living and that impede the person's capacity to live independently. (10) "Personal services" or "personal care" includes individual assistance with or supervision of the activities of daily living and the self-administration of medication, and other similar services. (11) "Provider" means a person who is licensed to operate an adult family-care home. (12) "Relative" means an individual who is the father, mother, son, daughter, brother, sister, grandfather, grandmother, great-grandfather, great-grandmother, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister of a provider. 23 (13) "Relief person" means an adult designated by the provider to supervise the residents during the provider's absence. (14) "Resident" means a person receiving room, board, and personal care in an adult family-care home. History.-ss. 1, 2, ch. 85-195; s. 4, ch. 91-429; s. 4, ch. 93-209; s. 22, ch. 95-210; s. 61, ch. 95-418; s. 21, ch. 98-80; s. 3, ch. 98-338; s. 220, ch. 99-13; ss. 3, 66, ch. 2006-197. 1 Note.-As amended bys. 3, ch. 98-338. Section 21, ch. 98-80, substituted the word "services" for the word "care." Note.-Former s. 400.618 . Copyright© 1995-2023 The Florida Legislature • Privaq-: Statement • Contact Us 24 Select Year: 2022 v ~ The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XXX SOCIAL WELFARE 429.67 Licensure.- ChaP-ter 429 ASSISTED CARE COMMUNITIES View Enti re Ch a P-ter (1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this part and part II of chapter 408 and to entities licensed by or applying for such licensure from the Agency for Health Care Administration pursuant to this part. A license issued by the agency is required in order to operate an adult family-care home in this state. (2) A person who intends to be an adult family-care home provider must own or rent the adult family-care home that is to be licensed and reside therein. (3) In accordance withs. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this part, part II of chapter 408, and applicable rules. The amount of the fee shall be $200 per biennium. (4) The agency shall require level 2 background screening for personnel as required ins. 408.809(1 )(e), including the adult family-care home provider, the designated relief person, and all adult household members, pursuant to chapter 435 ands. 4,08 .809. (5) Unless the adult family-care home is a community residential home subject to chapter 419, the applicant must provide documentation, signed by the appropriate governmental official, that the home has met local zoning requirements for the location for which the license is sought. (6) In addition to the requirements of s. 408.81 1, access to a licensed adult family-care home must be provided at reasonable times for the appropriate officials of the department, the Department of Health, the Department of Children and Families, the agency, and the State Fire Marshal, who are responsible for the development and maintenance of fire, health, sanitary, and safety standards, to inspect the facility to assure compliance with these standards. In addition, access to a licensed adult family-care home must be provided at reasonable times to representatives of the State Long-Term Care Ombudsman Program. (7) The licensed maximum capacity of each adult family-care home is based on the service needs of the residents and the capability of the provider to meet the needs of the residents. Any relative who lives in the adult family-care home and who is a disabled adult or frail elder must be included in that limitation. (8) Each adult family-care home must designate at least one licensed space for a resident receiving optional state supplementation. The Department of Children and Families shall specify by rule the procedures to be followed for referring residents who receive optional state supplementation to adult family-care homes. Those homes licensed as adult foster homes or assisted living facilities prior to January 1, 1994 , that convert to adult family-care homes, are exempt from this requirement . (9) In addition to the license categories available ins. 40 8 .808, the agency may issue a conditional license to a provider for the purpose of bringing the adult family-care home into compliance with licensure requirements . A conditional license must be limited to a specific period , not exceeding 6 months . The agency shall, by rule , establish criteria for issuing conditional licenses . (10) The agency may adopt rules to establish procedures , identify forms , specify documentation, and clarify terms , as necessary, to administer this section. 25 History.-ss. 1, 2, ch. 85-195; s. 38, ch. 87-225; s. 4, ch. 91-429; s. 5, ch. 93-209; s. 23, ch. 95-21 0; ss. 62, 130, ch. 95-418; s. 8, ch. 98- 148; ss. 57, 71, ch. 98-171; s. 4, ch. 98-338; s. 147, ch. 2000-349; s. 67, ch. 2000-367; s. 25, ch. 2001-53; s. 2, ch. 2001-67; s. 148, ch. 2001-277; s. 28, ch. 2003-57; s. 25, ch. 2004-267; s. 8, ch. 2004-298; s. 3, ch. 2006-197; s. 160, ch. 2007-230; s. 30, ch. 2010-114; s. 252, ch. 2014-19; s. 40, ch. 2015-31; s. 23, ch. 2019-11. Note.-Former s. 400.619. Copyright © 1995-2023 The Florida Legislature • Privac:x, Statement • Contact Us 26 Select Year: 2022 v ~ The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Ti tle XXX SOCIAL WELFARE Char2ter 429 ASSISTED CARE COMMUNITIES 429. 71 Classification of deficiencies; administrative fines.- Vi e w Entire Cha r2ter (1) In addition to the requirements of part II of chapter 408 and in addition to any other liability or penalty provided by law, the agency may impose an administrative fine on a provider according to the following classification: (a) Class I violations are those conditions or practices related to the operation and maintenance of an adult family-care home or to the care of residents which the agency determines present an imminent danger to the residents or guests of the facility or a substantial probability that death or serious physical or emotional harm would result therefrom. The condition or practice that constitutes a class I violation must be abated or eliminated within 24 hours, unless a fixed period, as determined by the agency, is required for correction. A class I deficiency is subject to an administrative fine in an amount not less than $500 and not exceeding $1,000 for each violation. A fine may be levied notwithstanding the correction of the deficiency. (b) Class II violations are those conditions or practices related to the operation and maintenance of an adult family-care home or to the care of residents which the agency determines directly threaten the physical or emotional health, safety, or security of the residents, other than class I violations. A class II violation is subject to an administrative fine in an amount not less than $250 and not exceeding $500 for each violation. A citation for a class II violation must specify the time within which the violation is required to be corrected. If a class II violation is corrected within the time specified, no civil penalty shall be imposed, unless it is a repeated offense. (c) Class Ill violations are those conditions or practices related to the operation and maintenance of an adult family-care home or to the care of residents which the agency determines indirectly or potentially threaten the physical or emotional health, safety, or security of residents, other than class I or class II violations. A class Ill violation is subject to an administrative fine in an amount not less than $100 and not exceeding $250 for each violation. A citation for a class Ill violation shall specify the time within which the violation is required to be corrected. If a class Ill violation is corrected within the time specified, no civil penalty shall be imposed, unless it is a repeated offense. (d) Class IV violations are those conditions or occurrences related to the operation and maintenance of an adult family-care home, or related to the required reports, forms, or documents, which do not have the potential of negatively affecting the residents. A provider that does not correct a class IV violation within the time limit specified by the agency is subject to an administrative fine in an amount not less than $50 and not exceeding $100 for each violation. Any class IV violation that is corrected during the time the agency survey is conducted will be identified as an agency finding and not as a violation . (2) The agency may impose an administrative fine for violations which do not qualify as class I, class II , class 111 , or class IV violations . The amount of the fine shall not exceed $250 for each violation or $2,000 in the aggregate. Unclassified violations may include : (a) Violating any term or condition of a license . (b) Violating any provision of this part , part II of chapter 408 , or applicable rules . (c) Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation , voluntary admission, and involuntary examination of adult family-care home residents . 27 (d) Exceeding licensed capacity. (e) Providing services beyond the scope of the license. (f) Violating a moratorium. (3) (4) Each day during which a violation occurs constitutes a separate offense. In determining whether a penalty is to be imposed, and in fixing the amount of any penalty to be imposed, the agency must consider: (a) The gravity of the violation. (b) Actions taken by the provider to correct a violation. (c) Any previous violation by the provider. (d) The financial benefit to the provider of committing or continuing the violation. (5) As an alternative to or in conjunction with an administrative action against a provider, the agency may request a plan of corrective action that demonstrates a good faith effort to remedy each violation by a specific date, subject to the approval of the agency. (6) The agency shall establish by rule notice requirements and procedures for correction of deficiencies. History.-s. 6, ch. 93-209; s. 64, ch. 95-418; s. 41, ch. 96-169; s. 9, ch. 98-148; s. 6, ch. 98-338; s. 221, ch. 99-13; s. 3, ch. 2006-197; s. 162, ch. 2007-230; s. 24, ch. 2019-11. Note.-Former s. 400.6196. Copyright© 1995-2023 The Florida Legislature • PrivacY. Statement • Contact Us 28 Select Year: 2022 v ~ The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XXX SOCIAL WELFARE ChaR te r 429 ASSISTED CARE COMMUNITIES 429. 73 Rules and standards relating to adult family-care homes.- Vi e w Entire Ch a Rter (1) The agency in consultation with the Department of Health and the Department of Children and Families shall establish by rule minimum standards to ensure the health, safety, and well-being of each resident in the adult family-care home pursuant to this part. The rules must address: (a) Requirements for the physical site of the facility and facility maintenance. (b) Services that must be provided to all residents of an adult family-care home and standards for such services, which must include, but need not be limited to: 1. Room and board. 2. Assistance necessary to perform the activities of daily living. 3. Assistance necessary to administer medication. 4. Supervision of residents. 5. Health monitoring. 6. Social and leisure activities. (c) Standards and procedures for license application and annual license renewal, advertising, proper management of each resident's funds and personal property and personal affairs, financial ability to operate, medication management, inspections, complaint investigations, and facility, staff, and resident records. (d) Qualifications, training, standards, and responsibilities for providers and staff. ( e) Compliance with chapter 419, relating to community residential homes. (f) Criteria and procedures for determining the appropriateness of a resident's placement and continued residency in an adult family-care home. A resident who requires 24-hour nursing supervision may not be retained in an adult family-care home unless such resident is an enrolled hospice patient and the resident's continued residency is mutually agreeable to the resident and the provider. (g) Procedures for providing notice and assuring the least possible disruption of residents' lives when residents are relocated, an adult family-care home is closed, or the ownership of an adult family-care home is transferred. (h) Procedures to protect the residents' rights as provided ins. 429.85. (i) Procedures to promote the growth of adult family-care homes as a component of a long-term care system. (j) Procedures to promote the goal of aging in place for residents of adult family-care homes. (2) The agency shall provide by rule minimum standards and procedures for emergencies. Pursuant to s. 633.206 , the State Fire Marshal, in consultation with the agency, shall adopt uniform firesafety standards for adult family-care homes. (3) The agency shall adopt rules providing for the implementation of orders not to resuscitate. The provider may withhold or withdraw cardiopulmonary resuscitation if presented with an order not to resuscitate executed pursuant to s. 401.45. The provider shall not be subject to criminal prosecution or civil liability, nor be considered to have engaged in negligent or unprofessional conduct, for withholding or withdrawing cardiopulmonary resuscitation pursuant to such an order and applicable rules. History.-ss. 1, 2, ch. 85-195; s. 4, ch. 91-429; s. 7, ch. 93-209; s. 24, ch. 95-210; s. 65, ch. 95-418; s. 10, ch . 98-148; s. 7, ch. 98-338; 5. 3, ch. 99 -179 ; s . 7 , ch. 99-331; 5. 3, ch. 2006 -197; s. 104, ch. 2007-5; s. 163, ch. 2007-230; 5. 139, ch. 2013-183 ; s. 253, ch. 2014-19; 5. 25, ch . 2019 -11 . 29 Note.-Formers. 400.621 . Copyright © 1995-2023 The Florida Legislature • Privacy Statement • Contact Us 30 Select Year: 2022 v ~ The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XXX SOCIAL WELFARE ChaRter 429 ASSISTED CARE COMMUNITIES 429. 75 Training and education programs.- View Enti re Cha Rter (1) Each adult family-care home provider shall complete training and education programs. (2) Training and education programs must include information relating to: (a) State law and rules governing adult family-care homes, with emphasis on appropriateness of placement of residents in an adult family-care home. (b) Identifying and reporting abuse, neglect, and exploitation. (c) Identifying and meeting the special needs of disabled adults and frail elders. (d) Monitoring the health of residents, including guidelines for prevention and care of pressure ulcers. (3) Providers must complete the training and education program within a reasonable time determined by the agency. Failure to complete the training and education program within the time set by the agency is a violation of this part and subjects the provider to revocation of the license. (4) If the Department of Children and Families or the agency determines that there are problems in an adult family-care home which could be reduced through specific training or education beyond that required under this section, the agency may require the provider or staff to complete such training or education. (5) The agency may adopt rules as necessary to administer this section. History.-s. 8, ch. 93-209; s. 66, ch. 95-418; s. 11, ch. 98-148; s. 8, ch. 98-338; s. 4, ch. 2003-405; s. 3, ch. 2006-197; s. 254, ch. 2014- 19; s. 58, ch. 2018-110; s. 26, ch. 2019-11. Note.-Former s. 400.6211. Copyright© 1995-2023 The Florida Legislature • Privacy Statement • Contact Us 31 Select Year: 2022 v ~ The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XXX SOCIAL WELFARE ChaQ ter 42 9 ASSISTED CARE COMMUNITIES 429.81 Residency agreements.- Vie w Entire Ch aQter (1) Each resident must be covered by a residency agreement, executed before or at the time of admission, between the provider and the resident or the resident's designee or legal representative. Each party to the contract must be provided a duplicate copy or the original agreement, and the provider must keep the residency agreement on file for 5 years after expiration of the agreement. (2) Each residency agreement must specify the personal care and accommodations to be provided by the adult family-care home, the rates or charges, a requirement of at least 30 days' notice before a rate increase , and any other provisions required by rule of the agency. History.-s. 11, ch. 93-209 ; s. 10, ch. 98-338; s. 3, ch. 2006-197; s. 27, ch. 2019-11. Note.-Former s. 400.625. Copyright © 1995-2023 The Florida Legislature • PrivacY. Statement • Co n tact Us 32 Select Year: 2022 v ~ The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XXX SOCIAL WELFARE ChaP-te r429 ASSISTED CARE COMMUNITIES 429.85 Residents' bill of rights.- Vi e w Enti re ChaP-ter (1) A resident of an adult family-care home may not be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the State Constitution, or the Constitution of the United States solely by reason of status as a resident of the home. Each resident has the right to: (a) Live in a safe and decent living environment , free from abuse and neglect. (b) Be treated with consideration and respect and with due recognition of personal dignity, individuality, and privacy. (c) Keep and use the resident's own clothes and other personal property in the resident's immediate living quarters, so as to maintain individuality and personal dignity, except when the provider can demonstrate that to do so would be unsafe or an infringement upon the rights of other residents. (d) Have unrestricted private communication, including receiving and sending unopened correspondence, having access to a telephone, and visiting with any person of his or her choice , at any time between the hours of 9 a.m. and 9 p.m. at a minimum. (e) Be free to participate in and benefit from community services and activities and to achieve the highest possible level of independence, autonomy, and interaction within the community. (f) Manage the resident's own financial affairs unless the resident or the resident's guardian authorizes the provider to provide safekeeping for funds in accordance with procedures equivalent to those provided ins . 429.27. (g) Share a room with the resident's spouse if both are residents of the home. (h) Have reasonable opportunity for regular exercise several times a week and to be outdoors at regular and frequent intervals. (i) Exercise civil and religious liberties, including the right to independent personal decisions. Religious beliefs or practices and attendance at religious services may not be imposed upon a resident . (j) Have access to adequate and appropriate health care. (k) Be free from chemical and physical restraints. (l) Have at least 30 days' notice of relocation or termination of residency from the home unless, for medical reasons, the resident is certified by a physician to require an emergency relocation to a facility providing a more skilled level of care or the resident engages in a pattern of conduct that is harmful or offensive to other residents. If a resident has been adjudicated mentally incompetent, the resident's guardian must be given at least 30 days' notice, except in an emergency, of the relocation of a resident or of the termination of a res idency. The reasons for relocating a resident must be set forth in writing. (m) Present grievances and recommend changes to the provider, to staff, or to any other person without restraint, interference, coercion, discrimination, or reprisal. This right includes the right to have access to ombudsman volunteers and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups. (2) The provider shall ensure that residents and their legal representatives are made aware of the rights, obligations , and prohibitions set forth in this part. Residents must also be given the statewide toll-free telephone number and e-mail address of the State Long-Term Care Ombudsman Program and the telephone number of the 33 local ombudsman council and the Elder Abuse Hotline operated by the Department of Children and Families where they may lodge complaints . (3) The adult family-care home may not hamper or prevent residents from exercising the rights specified in this section. (4) A provider or staff of an adult family-care home may not serve notice upon a resident to leave the premises or take any other retaliatory action against any person who: (a) Exercises any right set forth in this section . (b) Appears as a witness in any hearing, in or out of the adult family-care home. ( c) Files a civil action alleging a violation of this part or notifies a state attorney or the Attorney General of a possible violation of this part. (5) Any adult family-care home that terminates the residency of an individual who has participated in activities specified in subsection (4) must show good cause for the termination in a court of competent jurisdiction. (6) Any person who reports a complaint concerning a suspected violation of this part or the services and conditions in an adult family-care home, or who testifies in any administrative or judicial proceeding arising from such a complaint, is immune from any civil or criminal liability therefor, unless the person acted in bad faith or with malicious purpose or the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party. History.-s. 12, ch. 93 -209 ; s. 790, ch. 95-148; 5. 6, ch. 97 -82 ; s. 12, ch. 98-338; 55. 84, 148, ch. 2000-349; 5. 68, ch. 2000-367 ; 5s. 3, 67, ch. 2006-197; 5. 41, ch. 2015-31 . Note.-Former 5. 400.628. Copyright © 1995-2023 The Florida Legislature • Privac y Stat e me nt • Co ntact Us 34 ORDINANCE NO. 09-22-2430 An ordinance amending the City of South Miami Land Development Code Sections 20- 2.3, 20-3.3(0), 20-3.4, 20-4.4, 20-7.12(C), 20-9.4 and 20-9.6 amending the definitions and provisions related to residential care type uses. WHEREAS, the Land Development Code (LDC) includes several provisions related to uses that provide residential care for individuals needing various levels of personal care assistance and/or therapeutic services but not hospitalization; and WHEREAS, these uses are regulated by the State of Florida; and WHEREAS, the State's terminology and definitions of these uses has changed over time and the LDC is now out-of-date; and WHEREAS, after a public hearing on March 8, 2022, the Planning Board voted six (6) to zero (O) to recommend approval of the ordinance; and WHEREAS, the City Commission desires to amend the Land Development Code provisions regarding residential care uses. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Land Development Code Section 20-2.3 is hereby amended to read as follows: Addition. Shall mean an extension or increase in floor area or height of a building. Ad1:Jlt congregate #v-ing fecilit►'· Shall mean any euileling or buildings, section of a building or distinct part of a building, residence, private home, eoarding home, home for the aged OF other place, whether operated for profit or not, vvhich undertakes through its ownership or management to provide, for a j:leriod eiEceeding tv,ent'I four (2'1 .) hours, ho1:1sing, food service aml one or more J:ie.rsonal services for fo1::1r ('I) or more aeh,1lts, not related to the owner or administrator by elood OF marriage, i.\•ho require such sef'.\•ices and to pro•Jidc limited nursing services, when specificalliy· licensed to do so pursuant to Florida Statutes. A facility offering personal services or limited nursing services for fe ... Jer than four ('I) ad1:1lts is ,..,.ithin the meaning of this definition if it formally or informally advertises to or solicits the i:iuelic for residents or referrals and holds itself out to the public to ee aA establishmeAt which regularly provides such services. Page 1 of7 35 Ord. No. 09-22-2430 Adult Family Care Home. Adult family care homes provide full-time, family-type living in a private home for up to five elderly persons or adults with a disability, who are not related to the owner. The owner lives in the same house as the residents. The basic services include,. but are not limited to: housing and nutritional meals; help with the activities of daily living, like bathing, dressing, eating, walking, physical transfer, giving medications or helping residents give themselves medications; supervision of residents; arrange for health care services; provide or arrange for transportation to health care services; health monitoring; and social activities. Adult family care homes are licensed and surveyed by the State of Florida. * * * Assisted Living Facility. Any building or buildings, section or distinct part of a building, private home, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services, for a period exceeding twenty-four (24) hours to one (1) or more adults who are not relatives of the owner or administrator. Assisted living facilities are licensed and surveyed by the State of Florida. Twenty-four-hour nursing supervision is not provided. * • * Community gardens. A piece of land that is used to grow and harvest only organic food crops and non-food ornamental crops, such as flowers, produced without synthetic fertilizers, insecticides or herbicides, by a group or organization for their use, consumption, donation, or limited sale. This definition does not include a Bonafide Commercial Agricultural Use and it does not include a use that would meet the Miami-Dade County Property Appraisers Office requirements for an Agricultural Classification. A community garden may be divided into separate plots for cultivation by one (1) or more individuals or may be operated collectively by members of a group or organization and may include common areas maintained and used by group members. {Ord. No. 07-20-2361, § 2, 2-4-20) Community residential home. A dwelling unit licensed to serve clients of the 5tate deµartFRent of children and family services, Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed by the Agency for Health Care Administration 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 1i1Jing facilities (/\CLFs}, assisted living facilities {ALFs), and other comparable care and rehabilitative facilities meeting the statutory definition, distance and separation requirements (one thousand two hundred {1,200) feet from another existing community residential home, and not within five hundred {500) feet of a single-family residential district). This category is restricted to persons who do not require special provisions for eFRergency e•,cacuation. Comprehensive plan. Shall mean the adopted Comprehensive Plan of the City of South Miami. Continuing Care Retirement Community {CCRC). CCRCs provide a variety of senior housing options and services to meet the changing needs of its residents . Depending on the nature of the community, senior housing options can typically include independent living, an assisted living Page 2 of7 36 Ord. No. 09-22-2430 facility, and/or a nursing home. CCRCs allow residents to move from one level of care to another, as needed. and essentially eliminates the need for residents to move to a different community at a later age. * * * Nonconforming use. Shall mean the lawful use of land or a building or a portion thereof, which use does not conform with the use regulations of the district in which it is located. Nursing Home/Skilled Nursing Facility. An institution which undertakes to provide for a period exceeding twenty-four-hours nursing service, pe_rsonal care, or custodial care for three or more persons not related to the owner or manager. who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. Nursing service means such services or acts as may be rendered, directly or indirectly, to and on behalf of a person by individuals as defined in F.S. 464.003. * * * Penthouse. Shall mean any structure above the main roof of a building used for living, professional or business purposes, or for housing elevator machinery and water storage tanks. Each story of a penthouse except when used for machinery or storage for water is considered as an additional story to the height of the building. Personal services. Direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services. Personal services shall not be construed to mean the provision of medical, nursing, dental or mental health services. Section 3. follows: Land Development Code Section 20-3.3(0) is hereby amended to read as USE TYPE I ZONING DISTRICT I I /j I I T !r T ! I I I I ,r I MO o l o o M N S G U D D D 'D 0 R R R A M IM D D D MD T I T o i o D D D D H P R P lo ~ I R S N H u u 4 5 U Mp 6 U I M PUD -R I I I I I I I I I I I I ! i I p Ip ' Boardinghouse . i I j ~ i : ! P I p l I I Page 3 of 7 p R I .1 s I I I ! I I D I I I , 1s 1s i I I i11 37 Ord. No. 09-22-2430 Adult Family ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 13 1 I Care Home I Assisted Liv i ng ~ ~ ~ ~ 13 18 Facilitv {ALFI Community Residential p p p p p p 13 1 Home, 7 or more I I PUBLIC AND INSTITUTIONAL USES I i I I R R R R R R R R R R L M N s G MT T T T T T H p R p D I C p I s s s s s T T M M 0 0 0 R R R u 0 0 0 0 0 0 I R s :o A I 1 2 3 4 s 6 9 1 2 A D D D D D D j N IR i I D 8 4 H D D D D D D I K l M M M M p p I u u u u I R I J I 4 s 6 M I I I I I ~ ' !H ll-Congregate I ~ i~ ~ s s s ~ Is I Li>Jing ~aci l ity ; ! i i ! i I I I I I I I I ! I I I I I Con,..aleseent I i I I lp ( I p :p H I Heme i I P p e I I : I I I j I I I l I : ' I I ' I I I I I I Continuing I ! I l I I I ! I I I I Care i Retirement I I i j i j I 13 18 Community I I l I I I ! i (CCRC) I I I , . I I [ I I I I I I I I i I i ! I i I , 1 I I I I I I I I I I I I Nursing I 1 I Horne/ I I I Ip I p l l I I 113 18 I I Skilled I I I -j -e e I e t Nursing i I I I I I I I l I I I Facility I ! I I . I I ! I i I I ! I : I I I ' -Section 4. Land Development Code Section 20-3.4(8) regarding special use requirements is hereby amended to read as follows: Page 4 of 7 38 Ord. No. 09-22-2430 (13) ADULT CONGREG/\TE LIVING j;/\CILITY FAMILY CARE HOME, ASSISTED LIVING FACILITY, COMMUNITY RESIDENTIAL HOME, CONTINUING CARE RETIREMENT COMMUNITY, AND NURSING HOME. All such uses shall comply with all applicable requirements of state law. Section 5. Land Development Code Section 20-4.4(B) regarding special use requirements is hereby amended to read as follows: (18) 0.5 spaces per dwelling unit and number of beds in the nursing facility. Section 6. Land Development Code Section 20-7.12(() regarding permitted and special uses in the Hometown District Overlay is hereby amended to read as follows: *** Dwelling, Multi-Family (l+ bedrooms) Hotel Community Residential Home Adult CoRgreg. Living ~acility* CoRYalescent Home Section 7. Land Development Code Section 20-9.4 regarding the Community Service Overlay District is hereby amended to read as follows: Accessory use shall mean a building or structure, the use of which is subordinate and incidental to the main building or structure, and is under the same ownership as the main building or structure. Ad1:Jlt congr-egate f.iv-ing jGciUty shall mean any building or buildings, sectron of a building or aistinct part of a building, Df)erated as a noR13rofit entity, wl=tich unaerta kes tl=trough its ov,inersh Ip and FAanagement to proviee, for a perioc:t e)tceediRg twent1• four (24) hours, housing, food seF\•ice anc:t one or rnore personal services for four (4} or rnore aElults, not relateEI to the aElministrator by blooc:t or marriage, who require s1:1ch services ans to provide limiteEI nursi-Ag services, when specifically licensed to so so pursuant to Florida Statutes. /\ facility offering personal services or limited Rursing seF\·ices for fewer than four (4) adults is withiR the meaRing of this definition if it formally or informally aElvertises to or solicits the public for resid·ents or referrals anEI f:iold it self out to the public to be an establishFF1ent ·.vhich regularly proviEles such services. *** Comm1:JRit},I residential home shall mean an establishment licensed to serve clients of the Department of ChilElren and Families, ·Nhich proviEles a living environrnent for unrelated residents v,ho operate as a functional eq1:1ivalent of a family, including such supervision and care by supporti1,•e staff as FF1a·; be necessary to meet the physical, emotional and social needs of residents. Page 5 of 7 39 Ord. No. 09-22-2430 *** Section 8. Land Development Code Section 20-9.6 regarding the Community Service Overlay District is hereby amended to read as follows: (A) The uses listed below are permitted by right within the district and are applicable to both new and existing buildings, including accessory structures and accessory uses. Permitted Use by Right Required Parking Spaces Church, temple or synagogue 1 per 3 seating spaces CoFJHAunit·,• residential l=lome, * 6 persons or 2 per dwelling unit less Day care center,* 7 children or more 1 per 250 gross square feet Dwelling, single-family 2 per dwelling unit Park or playground, public or private None *under the ownership, management and control of a defined community service provider. (B) The uses listed below are permitted via special use approval. Applicants shall follow the procedures established for special uses, as set forth in subsections 20-5.8(B) through (F), and shall follow those procedures for the required public hearings, as set forth in general in Section 20-5.1 through Section 20-5.6. Permitted by Special Use Approval Required Parking Spaces Adult eengregate living faeility * 2 per e1, ... ,elling unit Community residential heme,* 7 persens or 2 per el•;.•elling unit ffiefe Adult Famil~ Care Home 2 12er dwelling unit Counseling services,* as defined under 1 per 250 gross square feet Section 20-2.3 Funeral home,* per conditions under Section 1 per 300 gross square feet 20-3.4(B)(3) School, elementary or secondary* 1 per 400 gross square feet School, vocational or special programs* 1 per 400 gross square feet *under the ownership, management and control of a defined community service provider. Sect ion 9. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance for signature. Section 10. Codification. The provisions of this ordinance are to become and be made part of the City of South Miami Code of Ordinances as amended; the sections of this ordinance Page 6 of 7 40 Ord. No. 09-22-2430 may be renumbered or re-lettered to accomplish such intention; and the word "ordinance" may be changed to "section" or other appropriate word. Section 11. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of ordinances in direct conflict herewith are hereby repealed. Section 12. Severability. 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 will not affect the validity of the remaining portions of this ordinance. Section 13. Effective Date. This ordinance is effective upon enactment. PASSED AND ENACTED THIS 19th day of April, 2022. ATTEST: APPROVED: CITY 'i&.ERK(S 1st Reading: 4/5/22 2 nd Reading: 4/19/22 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY, AND EXECUTION THEREOF : /-'\ .,,,---I I ' -.. ' J. ·• ,' • ,,-... ' , /-.;;;-> ,,_. J /7 /;-'": -yq /--f- _, It ,,,, CITT ATTORNEY .... COMMISSION VOTE: Mayor Philips: Commissioner Corey: Commissioner Gil: Commissioner Harris: Commissioner Liebman : Page7of7 5-0 Yea Yea Yea Yea Yea 41 AHCA USE ONLY: File#: Application#:. _______ _ Check#. ________ _ Check Amt ________ _ Batch#". _________ _ Health Care Licensing Application Adult Family Ca re Home The Agency for Health Care Administration (AHCA) has implemented the ONLINE LICENSING SYSTEM, which allows the electronic submission of renewal and change during licensure period applications and fees, along with the ability to upload supporting documentation . To submit online please go to : httoJ/a hoa .mvfl o r id a.com/onlinelicensure Applications must be received at least 60 days prior to the expiration of the current license. If the renewal application is received by the Agency less than 60 days prior to the expiration date, it is subject to a late fee as set forth in statute. The a pplicatio n will be w ith drawn from revie w if al t the requ ire d documents and f ees are not included with your application or received w ithin 21 days o f an omis sio n notice. Applications will not be considered for review until payment has been received. Renewal and Change During Licensure Period applications: Supporting documentation, responses to omissions and payments may be submitted using the on line licensing system even if the application was originally mailed to the Agency. Please fill in all blanks or mark NIA if not applica_b_le_. ____________________________________________ _ Under the authority of Chapters 408 Part II and 429, Part II, Florida Statutes (F.S.) and Chapter 59A-37, Florida Administrative Code (F.A.C.), an application is hereby made to operate an adult family care home as indicated below 1. Provider/ Licensee Information Note: Pursuant to section 429 .67(2) F .S., any person who intends to be an Adult Family Care Home provider must live w ithin the Ad ult Family Care Home that is to be licensed. Does the applicant live in the Adult Family C are Home to be lice nsed? YES .I!§ NO lf NO, o u are not eli i ble to be licensed as an Adult Famil Care Home. A. PROVIDER INFORMATION -Please complete the following for the Adult Family Care Home name and location . Provider name, address and telephone number will be listed on httn://www.florida he a lt hfi nder oov/ License Number (if applicable) I National Provider Identifier (NPI) j Medicare Number (CMS CCN) j Florida Medicaid Number N/A (if aoolicable) NIA NIA NIA Name of Applicant/Licensee GOLDEN YEARS ADULT FAMILY HOME CARE CENTER LLC Street Address 6021 SW 62 PLACE C ity I County I State I Zip SOUTH MIAMI MIAMI-DADE I FL 33143 Telephone Number I Fax Number 786-306-3000 NIA Provider Website N/A Mailing Address or 0 Same as above SAME AS ABOVE City Telephone Number AHCA Form 3 180-1022 -January 2021 Reco mmend ed F orm Application Page 1 of 7 I Note: By providing your e-mail address, you agree to accept e-mail corres pondence from the Agency I County I State I Zip ' I E-mail Address 59A-35 .0 60 and 59A-37.003, Florida Admi n istr at ive Code F orm available at: nttp. 1/ahca.m-,florida c o m ,·"HQ1\L1 f~11f-.t[efQl[J}? I 42 B. PROPERTY OWNER INFORMATION -Complete the following for the owner ofthe property if different from the licensee Does an individual or entity other than the licensee own the property where the principal office is located? If /gJ NO, skip to Section 1.C. -Contact Person If O YES, please provide the following information: Full Name of Property Owner YAJAIRA FUENTES Downed D Leased Telephone Number 786-306-3000 Primary Address Effective Date C. CONT ACT PERSON -Please complete the following for the contact person for this application. Contact Person forthis application I Contact Telephone Number YAJAIRA FUENTES 786-306-3000 Contact e-mail address or D Do not have e-mail I Note: By providing your e-mail address, you agree YAJAIRA@BELLSOUTH.NET to accept e-mail correspondence from the Agency. D. LICENSEE INFORMATION -Please complete the following for the entity seeking to operate the adult family care home . Licensee Name GOLDEN YEARS ADULT FAMILY HOME CARE CENTER LLC I Federal Employer Identification Number (EIN) if applicable 92-2942173 Mailing Address or D Same as above 6021 SW 62 PLACE City I State I Zip SOUTH MIAMI FL 33143 Telephone Number I Fax Number I E-mail Address 786-306-3000 Y AJAIRA@BELLSOUTH_NET Description of Licensee (check one): For Profrt 0 Individual 0 Partnership 18 Sole Proprietor 0 other 2. Application Type and Fees Indicate the type of application with an ·x.· Applications will not be processed if not all applicable fees are included. Pursuant to section 408_805(4), F.S., fees are nonrefundable. Renewal and Change of Address applications must be received 60 days prior to the expiration of the license or the proposed effective date of the change to avoid a late fine . If the renewal application is received by the Agency less than 60 days prior to the expiration date, it is subject to a late fee as set forth in statute. The applicant will receive notice of the amount of the late fee as part of the application process or by separate notice . TYPE OF APPLICATION~ Iii Initial Licensure Proposed Effective Date: D Renewal Licensure D Change during licensure period ( check all that apply): Proposed Effective Date: __ Fe·e Requ ired D Provider Name D Provider Address Beds/Capacity: D Increase D Decrease ACTION License Fee (Initial or Renewal): J Change During Licensure Period No Fee Requ freo D Personnel Change FEE TOTAL FEES INCLUDED WITH APPLICATION $226_34 $25.00 TOTAL FEES $ 226 .34 $ $ 226.J4 Please make check or money order payable to the Agency for Health Care Administ.-ation (AHCA) AHCA Form 3180-1022-January 2021 Recommended Form Application Page 2 of 7 59A-35.060 and 59A-37.003, Florida Administrative Code Form available at: http :Jiahca .mvflorida com/HOAL:censureforms 43 3. Personnel A. Administration -Provide the requested information for the individual{s) who perform each of the following required roles. Note: For the provider and financial officer an AHCA screening through the Care Provider Background Screening Clearinghouse is needed or the Attestation of Compliance with Background Screening Requirements, AHCA Form 3100-0008, if background screening was conducted by the Department of Financial Services for an applicant for a certificate of authority to operate a continuing care retirement community under Chapter 651, F.S. To verify who is to be screened, visit http://ahaa _myflonda .com/MCHQ/Gentrnt Services/Background Screening/ INSTRUCTIONS: Attach additional application pages if needed. For new individual -complete all fields except the End Date. For existing individuals -complete all fields except the Effective and End Date. To remove an individual -complete all fields including the End Date. INFORMATION APPLICANT/PROVIDER FINANCIAL OFFICER (person resoonsibJe for day-to-day oceration) (oerson resoonsible for financial operation) Full Name YAJAIRA FUENTES YAJAIRA FUENTES Date of Birth 05/04/1973 05/04/1973 Effective Date End Date N/A N/A FL Professional License Nbr, if NIA N/A any Telephone 786-306-3000 786-306-3000 Number Email Address YAJAIRA~BELLSO UTH .NET YAJAIRA@BELLSOUTH.NET Personal/Primary 6021 SW 62 PLACE SOITTH MIAMI, FL 33143 6021 SW 62 PLACE SOUTH MIAMI FL 33143 Address B. other Personnel -Provide 1he requested information fur the individual(s) who perform the following required roles: INFORMATION DESIGNATED RELIEF PERSON (Must have at least one) Full Legal Name CHRISTOPHER DIAZ Date of Birth 09/01/1998 Effective Date End Date N/A FL Professional License Nbr , if NIA any Telephone 786-606-7630 Number Email Address cdbusiness@gmail.com Personal/Primary 16301 SW 169 AVE MIAMI FL 33187 Address AHCA Form 3180-1022-January 2021 Recommended Form App lication Page 3 of 7 DESIGNATED RELIEF PERSON JUSTIN DIAZ 09/01/2001 NIA NIA 786-521-2920 jdiaz19102@columbush.com 16301 SW169 AVE MIAMI FL 33187 59A-35 .060 and 59A-37.003, Florida Administrative Code Form available at: hl!p:tfa l1ca myfionda .con,,}I QA L1cengurefo rr ns 44 INFORMATION STAFF PERSON STAFF PERSON Full Legal Name NIA NIA Date of Birth Effective Date End Date FL Professional License Nbr, if anv Telephone j Number Email Address l Personal/Primary Address INFORMATION ADULT HOUSEHOLD MEMBER* ADULT HOUSEHOLD MEMBER* Full Legal Name Date of Birth Effective Date Telephone Number Email Address Personal/Primary Address *Note: Adult household member means t he provider and any person, 18 years of age or older, who 1s permanently or regula r ly present in the home for more than a few hours at a time. A person shall be considered a household member even though the person has another residence if the person is in a position offamilial authority or perceived familial authority. 4. Required Disclosure The following disclosures are required: A. Pursuant to section 408.809, F. S., the applicant shall submit to the agency a description and explanation of any convictions of offenses prohibited by sections 435.04 and 408.809(4), F.S., for each controlling interest. Has the applicant or any individual listed in Sections 3 and 4 of this application been convicted of any level 2 offense pursuant to section 408.809, F.S.? YES □ NO .Ill If YES. provide the following information: D The full legal name of the individual D The position held B. Pursuant to section 408. 810(2), F.S • the applicant must provide a description and ex planation of any exclusions, suspensions, or terminations from the Medicare, Medicaid. or federal Clinical Laboratory Improvement Amendment (CUA) programs. Has the applicant or any individual listed in sections 3 and 4 of this application been excluded . suspended, terminated or involuntarily withdrawn from participation in Medicare or Medicaid in any state? YES O NO Ill ff YES, enclose the following information: D The full legal name of the individual (and the position held) or the entity D A description/explanation of the exclusion, suspension, termination or involuntary withdrawal. AHCA Form 3180-1022 -January 202 1 Recommended Form Application Page 4 of 7 59A-35.060 and 59A-37.003, Florida Administrative Code Form available at: hllp.J;at,ca ,rm•llonda .com/HQAU c:ensu ri;_[Qr..[!Th 45 C. Pursuant to section 408. 815( 4 ), F S., has the applicant or a controlling interest in the applicant, or any entity in which a controlling interest of the applicant was an owner or officer when the following actions occurred ever been: Convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony under Chapter 409, Chapter 817, Chapter 893, 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, Medicaid fraud, Medicare fraud, or insurance fraud, within the previous 15 years priortothe date of this application? YES O NO Ill Terminated for cause from the Medicare program or a state Medicaid program? YES 0 If YES, has applicant been in good standing with the Medicare program or a state Medicaid program for the most recent five (5) years and the termination occurred at least twenty (20} years before the date of the application. YES D NO D D. In the past five (5) years, has the applicant or any controlling interest owned any entity that provides health or residential care in Florida or any other state? YES O NO Ill If YES: Has any entity the applicant or controlling interest owned been closed due to financial inability to operate; had a receiver appointed or a license denied, suspended, or revoked; was subject to a moratorium; or had an injunctive proceeding initiated against it YES O NO 0 5. Provider Fines and Financial Information Pursuant to section 408.831(1 )(a), F.S., the Agency may take action against the applicant, licensee, or a licensee which shares a common controlling interest with the applicant if they have failed to pay all outstanding fines, liens, or overpayments assessed by final order of the agency or final order of the Centers for Medicare and Medicaid Services (CMS), not subject to further appeal, unless a repayment plan is approved by the agency. Are there any incidences of outstanding fines, liens or overpayments as described above? YES D If YES, please complete the following for each incidence (attach additional sheets if necessary): DATE OF RELATED AHCACASE CMS ASSESSED INSPECTION, APPLICATION, PAYMENT NUMBER AMOUNT OR OVERPAYMENT DUE DATE . N/A □ D □ Please attach a copy of the approved repayment plan if applicable. 6. Number of Resident Beds Total number of resident beds (1 to 5) for which you are applying? .§ OSS Beds+ Private Beds= total Beds Total number can not exceed 5} NO Iii PENDING APPEAL OF FINAL ORDER YES NO □ D □ □ D □ Note: Each AFCH must have at least one licensed bed designated for an OSS (optional state supplementation) recipient. Pursuant to section 429.67(8), F.S., adult foster homes or assisted living facilities that are converting to an AFCH that were licensed prior to January 1, 1994 are exempt from this requirement AHCA Form 3180-1022-January 2021 Recommended Fonn Application Page 5 of 7 59A-35.060 and 59A-37.003. Florida Administrative Code Form available at: bliQ,flfill ca ,rny.[lori da .com1HOA Ucansll[s!orms 46 7. Supporting Documents Applicants must include the following attachments as stated in Chapters 408, Part II and 429, Part II, F.S. and Chapters 59A-35 and 59A-37, Florida Administrative Code (F.A.C.). Note: Required documents listed below are dependent on the type of application submitted. (Initial, Renewal, Change During Ucensure Period) Documents to be Provided: Required For: Fire safety inspection report Initial, Renewal, Change of Address and Capacity Increase aoolication types Documentation proving compliance with the community residential Initial, Change of Address and Capacity Increase application homes site selection requirements specified pursuantto Chapter types 419, F.S., if a ppl ica ble Department of Health residential group care inspection report Initial, Renewal, Change of Address and Change during licensure period application types Proof of property occupancy, examples: lease and/or mortgage Initial and Renewal application types Income and Expenses Report, AHCA Form 3180-1017 Initial application types Documentation from the appropriate local government office Initial, Change of Address and Capacity Change during showim1 that the aoolicant has met local zoninQ requirements Licensure period aoolication types Documentation of homestead exemption or, lease or rental agreement accompanied by a corresponding utility bill and Initial and Change of Address telephone bill, or personal identification issued by a state or federal aQencv Health Care Licensing Application Addendum, AHCA Form 3110-Initial, Renewal and Change of Address application types 1024 Required disclosures related to actions taken by Medicare, All application types , if documentation is required due to Medicaid or CUA. if applicable responses provided in aoolication Approved repayment plan, if applicable All application types 8. Attestation I, !efaJa ( ya., -h0nb , attest as follows : (1) Pursuant to section 837.06, Florida Statutes, I have not knowingly made a false statement with the intent to mislead the Agency in the performance of its official duty. (2) Pursuant to section 408.815, Florida Statutes, I acknowledge that false representation of a material fact in the license application or omission of any material fact from the license application by a controlling interest may be used by the Agency for denying and revoking a license or change of ownership application (3) Pursuant to section 408.806, Florida Statutes, under the penalty of perjury, the applicant is in compliance with the provisions of Section 408,806 and Chapter 435, Florida Statutes. (4) Pursuant to sections 408.809 and 435 05, Florida Statutes, every employee of the applicant required to be screened has attested, subject to penalty of perjury, to meeting the requirements for qualifying for employment pursuant to Chapter 408, Part II, and Chapter 435, Florida Statutes, and has agreed to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer (5) Pursuant t o section 435 05, Florida Statutes, the applica nt has conducted a level 2 background screening through the Agency on every employee requ ire d to be screen e d under Chapter 408, Part II, or Chapter 435, Florida Statutes, as a con ditJon of employment and continued employment and that every such employee has satisfied the level 2 background screening standards or obtained an exemption from disqualification from employment. (6) Pursuant to section 408 810( 12), Florida Statutes, the licensee ensures that no person holds any ownership interests, either directly or indirectly, reg ard! of ownership structure; who has a disqualifying offense pursuant to section 408 .809, Florida Statutes or in a provider that had a II se r d or application denied pursuant to sectron 408 815, Florida Statutes orm 3180-1022 -January 2021 Recommended Form Appli cation Page 6 of 7 --x l,:;o l2:::z.. OL.iJ)]e.,..r vi~ /, J 59A-35.060 and 59A-37_003, Flonda Administrative Code Form available at: h!lo./fa hca .mvflorida .co m1HQALlce nsl.ireiorms 47 Lightfoot, Marcus From: Sent: Yajaira Fuentes <yajaira@bellsouth.net> Tuesday, March 21, 2023 5:01 PM To: Rabi, Hector; Lightfoot, Marcus Subject: RE: Certificate of use EMAIL RECEIVED FROM EXTERNAL SOURCE Thank you Hector! The business will be an Adult Care Home. I will forward application in another email. In regards to "state licensing" if I have to elders, I do not need licensing but it I have 3 to 5, I will. At this point I am only looking into 2 elders but I am trying to complete all requirements per AHCA. Therefore, I did not check the box as I am unsure how many elders I will have, definitely no more than 3 but again, not sure. Thank you! Yajaira! From: Rabi, Hector <HRabi@southmiamifl.gov> Sent: Tuesday, March 21, 2023 4:24 PM To: Yajaira Fuentes <yajaira@bellsouth.net>; Lightfoot, Marcus <MLightfoot@southmiamifl.gov> Subject: RE: Certificate of use Yajaira, Attached are the applications. Once Marcus approves his part you can send them a copy of the Certificate of Use. Send me the applications back for process. I will send you the requirements once I know exactly what type of business you're applying for. Please feel free to reach out to me with any questions. Thank you, Hector Rabi Local Bus.Tax Compliance Officer 6130 SW 72 Street South Miami Fl. 33143 Off. 305-668-2503 From: Yajaira Fuentes< . ,1 r..i ,· iKIL._t 1, 1 r .,> Sent: Tuesday, March 21, 2023 4:17 PM To : Lightfoot, Marcus <1',1L1 ,h or .11 · u 1ll1m1:i 1 ,fl 1.~\> Cc: Ra bi, Hector <f·I f~::1 IJ i (t :', ~ou t h m i ,it·i'1 i H.120v > Subject: RE : Certificate of use EMAIL RECEIVED FROM EXTERNAL SOURCE 1 48 Hi Marcus, Thank you for the info . So, I just have to wait to finish with the city of south miami and then submit the application to the department of health together with the certificate of use, you (hector) will give me right? I apologize, im just trying to understand, complete and submit all these applications and go thru the chain of command . I think I will need rehab after all of this! LOL! Thx, Yajaira! From: Lightfoot, Marcus <M L1ghtfoot@southrn1am ifl.gov > Sent: Tuesday, March 21, 2023 3:50 PM To: Yajaira Fuentes <yaiai ra@be ll south.net> Cc: Rabi, Hector <HRabi@ sout11m iamifl.~ov> Subject: RE: Certificate of use Hi Yajaira, I'm doing well, thank you for asking. I hope that you are feeling better. The City issues a Certificate of Use as part of your Local Business Tax Receipt (BTR) application. We can't issue it until the City Commission approves your application. The license is issued by Mr. Hector Rabi, the City's BTR Coordinator. Mr. Rabi can be reached at (305) 668-2503. Let me know if you need anything else. Regards, Marcus W. Lightfoot Senior Planner/Zoning Administrator City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Telephone: 305.663.6331 Email: mlightfoot@southmiamif l.gov Please note: Florida has a very broad public records law. Most written communications are public records and available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Yajaira Fuentes <y_-1ci1ra(cilLe llsouth .ne t> Sent: Tuesday, March 21, 2023 3:47 PM To: Lightfoot, Marcus <r1/l .Ld1 tfoo t(wso uth rn amifl.gov> Subject: Certificate of use EMAIL RECEIVED FROM EXTERNAL SOURCE Hi Marcus, Hope you are well. 2 49 Marcus, the department of health is asking me to provide a certificate of use with the application. Do you know where I can obtain this? Please advise . Thank you! Yajaira 3 50 AFFIDAVIT I, Yajaira Fuentes, swear under oath that the validity of the mailing list provided of all property owners surrounding my property located at 6021 SW 62 Place, South Miami, Fl 33143, is accurate, true and correct. IN WITNESS WHEREOF, I si · n this instrument, this 3rd day of March 2023, at 6021 SW 62 Plac e, S ou t h Miami. Fl 33143 . State of Florida County of Mi ami Dade Sworn to and subscribed to before me by means of ~al presence or ( ) online notarization, this 3rd day of March 2023, by YAJAIRA FUENTES, who is personally known to me or who has produced the foUo'wing as ide ~1tification -. ~------------- My Commission Expires: "'I• ,,••~~iii{;;. MARY CRUZ -~-A .,._ \ MY COMMISSION# GG 954343 \\,A-i f EXPIRES: February 4, 2024 ~-·,':-o,·;,i.0~~-" Bonded Thru Notnr; Public Under.rnflera •;-7,l lf\H'~ 1 51 52 AFFIDAVIT I, Yajaira Fuentes, swear under oath that I have mailed via Certified receipt mail the proposed application to the 2 property owners which abut my property and to the 54 property owners within 500 radius feet of my property located at 6021 SW 62 Place, South Miami, Fl 33143, is accurate, true and correct. State of Florida County of Miami Dade F, I sign this instrument, this 3rd day of March 2023, at 6021 SW 62 Place, South Sworn to and subscribed to before me by means of ~ical presence or ( ) online notarization , this 3rd day of March, 2023 by YAJAIRA FUENTES, who i ~ to me or who has produced the following as identification .,,,---- My Commission Expires: Ir"::,.~,.,.~, .. ~. ~~!!!-~~~!!!!!!!!!!!!!!!!!!!!!!It; ~~~~---MARY CRUZ i/J;;,\.1 MY COMMISSION# GG 954343 ~~J,' EXPlf~[;S: February 4, 2024 ,,,~r.f.'i ,,•· f:lood ed Thru Nouiry Public Undelwllln 1 53 LETTER OF INTENT My name is Yajaira Fuentes, I am a South Miami resident for over 24 years but have lived in Miami for 31 years. I am a single white latin 49 year old woman with two sons ages 21 and 24. My sons live on their own: My career is as licensed Florida realtor as well as Community Association Manager and State of Florida Notary Public. However, my life has changed dramatically and I have had to put my career on hold and have dedicated my life to care for my elder parents for the last 4 years. I have always cared for them but now they live with me full time. My father wis Fuentes, is a 90 year old United States Army Veteran. I saved his life as per what the VA doctors told me once I got him there. I had to rush to Puerto Rico where they lived after receiving a phone call from my cousin, as he fell and my mother was unable to take him to the doctor nor let anyone take him. I travelled via Spirit Airlines on the midnight flight into Aguadilla, Pr. Arrived at 3am, slept in a cold motel and picked up my parents at 6 am to aboard a flight back to Miami departing 3am with final destination Veterans Hospital. My mother, at the time was 78 years old with alzheimers, today she is 83 with full blown Alzheimers. My father at this time was suffering from seizers, had blood in his brain due to the fall and not in good shape, thankfully, I reached him in time. I am fully dedicated to my parents and have provided the upmost care I humanly can. I have learned a lot on care for seniors, I have always been involved with the Veterans Administration, the HHA's, doctors, register nurses, therapist, nutritionist, aid, you name it and I have there. So, why not provide the same excellent care to other elders? Therefore, after all these experiences and all these wonderful people doing and providing so much to this world, our ancestors, our memories, how can we not be there for them? I have seen some scary things with elders at hospitals, nursing homes and even in my line of work as a property manager for Catholic Health Services. I would not want that for our loved ones. Therefore, I would like to make a difference and help our elders and I know I am capable of this . My intent to provide the upmost care I possibly can and accommodate and facilitate the best living for our golden heirs until our Lord Savior embraces them. I greatly appreciate your consideration into m y a p ~ation and allowing me to establish this business where I can enhance our elders lives. · ~; -. , Thanking you in advance, ,,. -~? (/; Yajaira Fuentes, 6021 SW 6{ T-1;6/;,~ Fl 33143 Cell: 786-306-3000 ,{/ 54 CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Board will hold a public hearing on Tuesday, April 11, 2023, at 7:00 p.m. to consider the following applications: 1. PB-23-004 Applicant: Yajaira Fuentes A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ADULT FAMILY CARE HOME WITHIN THE LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-3) ZONING DISTRICT ON PROPERTY LOCATED AT 6021 SW 62 PLACE; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. I I I 5931 I 5930 I I 5961 ' ; 6001 6031 I ____ \ .------ · --- 6030 • 6061 6060 ,,.,,. 6091 6100 611 ! i I 5941 i 5961 6061 ---- 6091 6090 6110 --- 6260 6241 6231 6221 SW 60TH ST 6230 6241 I 6231 \_ ___ _ SW 61ST ST 7 6230 \ 55 The hearing will be held online and all Board members as well as City staff will participate by video conferencing at City Hall Commission Chambers, 6130 Sunset Drive, South Miami, Florida 33143 or at remote locations through the Zoom platform, and members of the public may join the meeting via either Zoom at (bttps ://zoom.us/i /30 636338 ), by phone by calling +1-786- 635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl .gov/580/PubJic-Meetings-Notices. The pending application and supporting documentation can be reviewed and copies obtained by contacting the City Clerk at 305-663-6340 or 305-663-6331. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 56 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, of Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEARING -APR. 11 , 2023 in the XXXX Court, was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on 03/31/2023 Affiant further says that the newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Swo to and subscribed before me this 31 day of MARCH, A.D. 2023 ~ (SEAL) GUILLERMO GARCIA personally known to me -f~~?~.. 8,1,RBARA T1.0MAS f~/~ \;~ Commlssion#HH187442 ~:t-~A~f Expires .November 2, 2025 "<'-:k¥.f.~~~--911111l Gd Th111Troy f liln lnsuranca 800-385-7019 57 ,.· CITY OF SOUTH MIAMI, FLORIDA . NOTICE OF PUBLIC HEARING Notice _is hereby given that the Planning Board will hold a public hearing on Tuesday. April n._ws; _at 1:IJ? p.m. to consider the following applications: 1. PB-23-004 Applicant: Yajaira F1,1entes A RESOLUTION OF THE CITY. COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 .OF.THE LAND DEVELOPMENT CODE TO PERMIT AN .ADULT FAMILY CARE tlOME WITHIN THE LOW DENSITY SINGLE- F,U'IILY RESIDENTIAL (R~3) ZONl~G DISTRICT ClN PRQPERTY LOCATED AT 6021 SW 62 PLACE; PROVIDfNG FOR CONOmON$; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFF.ECTJVE DA'TE. The hearing Will.ti~ ~e1d onl!ne aijd all Bi;,~rd members as well as Gity staff wlll !)a!licipate by video conferencing lit c· Hall Corri lssion Chambers 8130 Sunset Drive. South MiamT. Florida 33143 or at remote locations tt,rol,(g,,Jt1e Zoom .pl~tro_rm. ?Jld ·memt?e!'Si of the public may join the meetin g ~a ef-llier ~~(!1 !ill [l:lttps:l/t:_oom.llsw;30566363~8). by phone by calling +1-7136--635!-1003 and eritilring Meeting ID: .30.5663_633a when prompted, or in person in the Commission Chambers, and where their appearance will be bf011dcast on·the Zoom platfonn, and where they can participate. _If you desire to pres~t ll;~idel)·c~ or Y?i..l are IJ_nabl13 to use Z_oom, ther~ ate procedures t _o follow .and other options available including a dedicated phooe line to listen and ~rticipate in the meeting and limited public attertqance~ all of which Is s~ forth in the meetji;ig notice posted at City •Hall and 11t hrtp:/Niww,soutJim1anfr!l.'gov/580/Rubllc-Meetings-Nolioes • .. The pendklg application and supporting documentation can be fl)v!ewed and copi!!!i ,Oh.lai~y conlacting the City Clerk at.305-663-6340 or 305-663-6331. . . . ADA: To.request a modification to a p·olicy, practice or procedure or to request ,an 11uxiliarY aida or swvice in ortlef to partlclpate rn a C~y progran:,. activtty or event , you must on or before 4:00 p .m : 3 business days before ha'meelfog (nott:ounting the day o(,the meeting) (leliver your request to iife~City 0J~rk_Q~ telephon~: 305-663'..f3840, by ma ll ~t 6130 Suns~ Drive , SoUth •Mfaml, Flaricla ,erernall ,a npaynil@southmiam ifl .goy. Nkenga A. Payne, CMG, FCRM City Clerk. . 3/31 23-75/0000654905M 58 I 59MARRERO I CHAMIZO J,"ARCER LAW ~i:c I '• 1 (·"' r1::,1 ...... , ,~I I!.'// I ,: ' I ' ,_;:.u,~·.-✓f ·II" ........... ,. ........................................................................................................................................ . ................................................................................................................................................................................. , ·.-:: ::.-.·,·.-::::::.\ •••• t -••••••••• . . . . . . . . . . . . . . . . . . . .. . .. . . ....... . ................ . . . . ... . . . -...... . • t •It f • • • 0 • • • • f • ....... t •• , ••• I• I• 4 • I • • OINTS OF INTEREST: 0 I") N co ONE STORY RESIDENCE #6021 24.65' 'b 0 0 I") tO U) LOT 6 BLOCK 5 LOT 1 BLOCK 5 10.1 • SHED -,.... ..f ,N J7.8J' ·,. ~ o· 10' 20' 1 inch = 20' ft. .. 0 0 • ~ 1.19' (IN) LOT 2 BLOCK 5 ALKWAY, SHED AND FENCES ARE OVER 6' PUBLIC U.E.; DRIVEWAY AND FENCES CROSS LOT LINES. MAP OF BOUNDARY SURVEY Property Address: 6021 SW 62ND PL MIAMI, FL 33143 nlineland ~ SURVEYORS, INC. 6175 NW 153rd St#401, Miami Lakes, FL 33014 www.OnlineLandSurveyors.Com Survey Date:3/7/2023 Survey Code:O-96432 SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THIS "BOUNDARY SURVEY" IS A TRUE AND CORRECT REP COMPLIES WITH ~ FLORIDA BOARD ADMINISTRA TIV VEY PREPARED UNDER MY DIRECTION. THIS l'::.W;H/4,.~~~~INDARDS, AS SET FORTH BY THE STATE OF AND MAPPER IN CHAPTER 5J-17.051, FLORIDA I 4 .027, FLORIDA STATUTES . • NOT VALID WITHOUT AN AUTHENTIC ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL AND/OR THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A LICENSE SURVEYOR AND MAPPER. Page 1 of 2 Not valid without all pages. 60SW 60\11 SI 6021 S\'I 62nd Pl, $,J'Jth Mi.arn1, FL 33143 SW bOlh St SW r,1~t Sl LOCATION MAP N.T.S. SWbOt PROPERTY FRONT VIEW FLOOD INFORMATION: CERTIFIED TO. YAJAIRA FUENTES Community Number: CITY OF SOUTH MIAMI 120658 12086C0458L WFG NATIONAL TITLE INSURANCE CO. ITS SUCCESSORS AND/OR ASSIGNS AS THEIR INTEREST MAY APPEAR. Panel Number: Suffix: Date of Firm Index: Flood Zone: Base Flood Elevation: Date of Survey: L 9/11/2009 AH 9.0 3/7/2023 LEGAL DESCRIPTION: LOT 1, BLOCK 5, OF TWIN LAKES MANOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 57, PAGE 82, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA PROPERTY LINE STRUClURE twZIVWWW214 CONC. BLOCK WALL --x--CHAIN-LINK or WIRE FENCE ---u---n-WOOD FENCE --~<>--IRON FENCE -----EASEMENT -----CENTER LINE v1/~//1 WOOD DECK I •4 ·1 CONCRETE 1· ASPHALT BRICK/TILE WATER -----APPROXIMATE EDGE OF WATER 1><1 COVERED AREA GENERAL NOTES: e Q:P.P. IIII!IC.B. C.U.E. I E/E.E U.E. FND. OR F LBI LSf CALC SET ... ■ ELEV P.T. P.C. P.R.M. P.C.C. P.R.C. P.O.B. P.O.C. P.C.P. M p D C 1) LEGAL DESCRIPTION PROVIDED BY OTHERS. Surveyor's TREE POl't£R POL.£ CATCH BASIN COUNTY UTILITY ESMT. INGRESS/ EGRESS ESMT. UTILITY EASEMENT FOUND IRON PIPE/ REBAR PIN AS NOTED ON PlA T LICENSE I -BUSINESS LICENSE # -SURVEYOR CALCULATED POINT SET MONUMENT CONTROL POINT CONCRETE MONUMENT ELEVATION POINT Of TANGENCY POINT Of CURVATURE PERIAANENT REFERENCE MONUMENT POINT OF COMPOUND CURVA'TURE POINT OF REVERSE CURVAlURE POINT Of' BEGINNING POINT Of COMMENCEMENT PERMANENT CONTROL POINT FIELD MEASURED PLATTED MEASURMENT DEED CALCULATED 2) EXAM/NATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING PROPERTY. 3) THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENT OR OTHER RECORDED ENCUMBERANCES NOT SHOWN ON THE PLAT. 4) THE PURPOSE OF THIS SURVEY IS FOR USE IN OBTAINING TITLE INSURANCE AND FINANCING AND SHOULD NOT BE USED FOR CONSTRUCTION, PERMITTING DESIGN, OR ANY OTHER PURPOSE WITHOUT THE WRITTEN CONSENT OF ONLINE LAND SURVEYORS INC. 5) UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. 6) ONLY VISIBLE AND ABOVE GROUND ENCROACHMENTS LOCATED. 7) FENCE OWNERSHIP NOT DETERMINED. 8) WALL TIES ARE TO THE FACE OF THE WALL. 9) BEARINGS ARE BASE ON AN ASSUMED MERIDIAN. 10) BOUNDARY SURVEY MEANS A DRAWING AND/OR GRAPHIC REPRESENTATION OF THE SURVEY WORK PERFORMED IN THE FIELD, COULD BE DRAWN AT A SHOWN SCALE AND/OR NOT TO SCALE. 11) NO /DENT/FICA TION FOUND ON PROPERTY CORNERS UNLESS NOTED. 12) NOT VALID UNLESS SEALED WITH THE SIGNING SURVEYORS EMBOSSED SEAL OR ELECTRONIC SEAL. 13) DIMENSIONS SHOWN ARE PER PLAT AND MEASURED IN THE FIELD UNLESS OTHERWISE SHOWN. 14) ELEVATIONS IF SHOWN ARE BASED UPON N.G. V.D. 1929 UNLESS OTHERWISE NOTED. 15) THIS IS A BOUNDARY SURVEY UNLESS OTHERWISE NOTED. 16) THIS BOUNDARY SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON; THE CERTIFICATIONS DO NOT EXTEND TO ANY UNNAMED PARTIES. 17) THE EXISTENCE OF ADDITIONAL RECORDED OR UNRECORDED INSTRUMENTS, EASEMENTS AND /OR RESOLUTIONS NOT AVAILABLE TO SURVEYOR MAY EXIST AND ARE NOT DEPICTED IN THIS SKETCH. nlineland SURVEYORS, INC. Survey Date:3/7/2023 Survey Code:O-96432 Legend U,tE. LAKE or LANDSCAPE MAINT. ESI.H. ESMT. EASEMENT R.O.E. ROOF 0\£:RHANG EASEMENT D.E. DRAINAGE EASEMENT P.P. POOL PUMP L.B.E. LANDSCAPE BUFFER ESMT. Pl PL.ANTER OR PROPERTY LINE L.A.E. LIMITED ACCESS EASEMENT 1.0. IDENTIFICATION TEL. TELEPHONE FACILITIES B.C. BLOCK CORNER U.P. UTILITY POLE B.R. BEARING REFERENCE E.U.B. ELECTRIC UTILITY BOX l:J,. CENTRAL ANGLE or DELTA SEP. T. SEPTIC TANK R RECORD OR RADIUS D.f. DRAIN-FIELD RAD. RADIAL AC AIR CONDITIONER N.R. NON RADIAL csw CONC SIDEWALK TYP. T't'?ICAL DRIVE DRIVEWAY I.R • IRON ROO SCR. SCREENED AREA I.P. IRON PIPE GAR. GARAGE NMl NAIL & DISI< ENCL ENCLOSURE PK NAIL PARKER-KALON NAIL N.T.S. NOT TO SCALE O.H. ORIU. HOl.E F.f".E. FINISHED FLOOR ELEVATION 9 WELL T.O.B. TOP OF BANK U' FIRE HYDRANT E.D.W. EDGE OF WATER ~M.H. MAN HO!.£ E/P OR E.O.P. EDGE OF PAVEMENT O.H. OVERHEAD LINES TX TRANSFORMER CATV CABLE TV. RISER W.M. WATER METER P/E POOL EQUIPMENT CONC CONCRETE ML MONUMENT LINE Printing to Scale: 1. Select"None#from Page Scaling 2. Deselect "Auto-Rotate and Center" 3. Select"Choose paper source by PDF page size" /ELD WORK: 3/6/2023 RAWNBY: c.s. HECKEDBY· G.A.G. INAL REVISION: 03/07/2023 OMPLETED: 3ll/2023 CALE: 1" = 20' URVEYCODE: 0-96432 C.V.G. CONCRETE VALLEY GUTTER B.S.L S.T.L If. R/W P.U.E. C.M.E. A.E. PageHardng \;_opies: BUILDING SE113ACK LINE SURVEY TIE LINE CENTER LINE RIGHT OF WAY PUBLIC UTILITY EASEMENT CANAL MAINTENANCE EASEMENT ANCHOR ESMT I ACCESS ESMT Page :i.Calng: 1 ._None ______ __, @□ Auto-Rotate and Centl!r @[~ Oloose paper source by PDF page size ~ use cu~torn paoer !iize: 1-.hen n~eded 6175 NW 153rd St# 401 Miami Lakes, FL 33014 Phone: (305) 910-0123 -Fax: (305) 675-0999 www.OnlineLandSurveyors.Com Page 2 of 2 Not valid without all pages. 61Terrace Kitchen Living Room Garage Dining Room Porch ,---Floor Plan Bath Bath Room Roar I Closet 7 Bedroom n [ -; n Master Bedroom Bedroom LL 62 1 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Tuesday, April 11, 2023 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions.The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city’s website (www.southmiamifl.gov). I.Call to Order Action: Mr. Miller called the meeting to order at 7:01 P.M. II.Roll Call Board Members Present Constituting a Quorum:Mr. Jay Miller (Chairperson), Mrs. Michelle Readon (Vice-Chairperson), Mr. Subrata Basu, Ms. Guirla H. Dodard, Daniel Guerra, Daniel Rodriguez, Ms. Cristina Ortega. Board Members Absent:None City Staff Present:Mr. Hank Flores (Planning Director), and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent:None. City Attorney:Roger C. Pou, Esq. III. Administrative Matters -None at this Time IV. Public Hearings: 63 2 1.PB-23-004 Applicant:Yajaira Fuentes A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ADULT FAMILY CARE HOME WITHIN THE LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-3) ZONING DISTRICT ON PROPERTY LOCATED AT 6021 SW 62 PLACE; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. Applicant: Ms. Yajaira Fuentes Mr. Lightfoot read PB‐23-004 into the record. Mr. Lightfoot then presented the staff report on the item to the Board. Mrs. Readon asked if the applicant’s parents will be living in the residence, to which Mr. Lightfoot stated yes. Mrs. Readon then asked if the State Statute prevented the applicant from taking care of relatives. Mr. Lightfoot responded that the applicant is not required to have the Adult Family Care Home (AFCH) use if they are only taking care of relatives. Because of that, the relatives wouldn’t count towards the maximum number of individuals permitted under the AFCH use. Ms. Fuentes presented her request to the Board. Ms. Fuentes then added that she provided the City with a copy of a letter of approval from her neighbors. Mr. Miller asked if the AFCH has a 1,000-foot distance requirement similar to that of the City’s Group Home uses, which Mr. Lightfoot stated no. The AFCH use does not have any distance requirements in the Land Development Code (LDC). Mr. Miller then stated that there could be an unlimited number of family members in the house plus five (5) unrelated individuals for the AFCH. He then asked what would stop people from having that many people in a residence. Ms. Fuentes responded that the state regulations for the AFCH use only allows five (5) elderly people in a residence and her parents would count for two (2) of the five (5) people. She then added that the law only allows two (2) individuals per bedroom. Last Ms. Fuentes stated that her residence has three (3) bedrooms which would limit the number of people to six (6). Mr. Miller then asked the City Attorney if the applicant’s parents would count towards the five (5) individuals permitted by the AFCH. Mr. Pou responded that the regulations for the AFCH use permits five (5) elderly individuals or people with a disability who are not related to the owner. Mr. Pou then stated that the question also touches on the definition of a family which would require further research before a response could be given. Mr. Lightfoot then read the State’s definition of the AFCH use into the record. The Chairperson opened the floor to public comments on PB‐23-004. Dorolyn Dean – Oppose Reynold Martin – Oppose Mr. Miller asked if there was an issue with the City providing sufficient notice of the application to the public. Mr. Lightfoot responded that there was no issue. The LDC requires that the applicant provide a notice to all of the property owners that are within 500 ft. of the subject 64 3 property which she provided. The LDC also requires that the City sends notice to the same list of property owners that the applicant used, place an ad in a local newspaper, and post a sign on the property at least 10 days before the meeting is scheduled to take place. Mr. Miller then asked if Staff was confident that the notice went out in a timely manner, to which Mr. Lightfoot stated yes, all noticewas performed at least 10 days before the hearing. The meeting notice was posted on the property and timestamped photographs were taken, the ad was placed in both the Neighbors Section of the Miami Herald and the Daily Business Review, and the notice was put together by Staff and mailed out. Mr. Pou added that once the Board acts on the item, it will be scheduled for review by the City Commission. At such time, the City Clerk will follow the same noticing requirements that were used to advertise the Planning Board meeting. The Chairperson closed the floor to public comments on PB‐23-004. The Chair allowed time for the applicant to rebut the statements made during the public comment portion of the meeting. Ms. Fuentes stated that there shouldn’t be any issue with traffic in the neighborhood. She also stated that she maintains her house and that she loves the neighborhood. The Chair opened the floor to Board discussion on the item. Mr. Rodriguez asked if there currently were any assisted living facilities in the neighborhood, to which Mr. Lightfoot responded yes. There is a group home in the neighborhood to the north of the subject property. In response to the public stating that the use would hurt property values, Mr. Rodriguez then asked if the AFCH Special Use permit stayed with the property if it were sold. Mr. Lightfoot responded that the AFCH would follow the City’s regulations for special use permits in that the permit would be vacated if the business were to close and the permit stayed inactive for a period of six (6) months. Ms. Fuentes then added that property values in the area are increasing. Ms. Ortega asked if the applicant could expand her business, to which Mr. Lightfoot stated no. Mr. Miller stated that adding the AFCH use to the LDC without any distance requirements turned the residential district into family care business district. He then asked why the use existed. Mr. Lightfoot responded that the AFCH use has been in the State regulations for at least ten (10) years. Mrs. Readon informed the applicant that there was a Scribner’s Error regarding the address on the deed for the property. Ms. Fuentes responded that Miami-Dade Property Appraiser has the correct information and that the deed has already been corrected. Mr. Basu stated that he doesn’t have any issues with application. The Chair allowed Ms. Dorolyn Dean to speak on the item outside of the public comment portion of the meeting. Ms. Dean stated thatwhileproperty valuesin the City are going up,the proposed facility will affect the value of the adjacent properties and the surrounding neighborhood. She 65 4 then asked the Board if they would want this facility in their neighborhood, next to their property. There was no response from the Board. Mr. Guerra asked if this application was the first of its kind, to which Mr. Lightfoot stated yes. Mr. Guerra then asked what the required building improvements would be, to which Mr. Lightfoot stated that while there may be regulations in the State Statutes, the LDC does not have any regulations pertaining to interior remodels. Ms. Fuentes then provided the Board with the steps needed for an individual to join an AFCH. Mr. Guerra also stated that the homestead exemption could be put at risk because of the proposed business. Ms. Ortega stated that in addition to her parents, the applicant would be allowed to have five (5) additional people for a total of seven (7) individuals in the house. If none of those individuals leave the house, then healthcare providers could be coming to the house constantly. She then asked if there are going to be any other people helping the applicant. All of the additional visitors would increase the traffic in the area as well. Ms. Ortega then stated that she has been around other assisted living facilities where the individuals are allowed to leave the premises and there have been issues where some people wander around the neighborhood and nearby schools. Mrs. Readon informed the Board that the applicant stated that it would only be her and her son taking care of her parents. Mr. Miller added that the care for the individuals is not written into the ordinance though. Ms. Ortega then stated that the applicant’s intent at this time may not be the same later. Mr. Guerra stated that the City’s ordinance does not preclude anything other than the limitation on the number of elderly individuals that are not relatives. Mr. Lightfoot stated that the City’s ordinance was broad and doesn’t speak to any of the items that the Board brought up. The special requirement in the LDC relies heavily on the state regulations. Mr. Pou added that the state licensing requirements impose standards on the caretaker but was not privy to what those standards were. The State has a regulatory scheme that guides the use that is being considered. Ms. Dodard stated that with elderly people, wheelchair access for the residence is something that would need to be considered. Mr. Rodriguez responded that he believed that the Florida Agency for Healthcare Administration (AHCA) is the entity that would require any improvements to the structure. Mr. Miller asked if the proposed use would meet the City’s group home regulations. Mr. Lightfoot informed the Board that the application is a first for the City, it can’t be compared to group homes because it was a different use. Mr. Miller then asked if it were a group home, would it be reviewed. Mr. Lightfoot responded that the application would not have been accepted because there was an existing group home in the neighborhood already. Mr Guerra stated that the intent of the application was to open a business and be profitable. Today, the business will have two (2) individuals, but tomorrow it will have five (5). At what point does the business become a heavy commercial facility. The Chair closed the floor to Board Discussion. The Chair then opened the floor to discussion on a motion for the item. 66 5 Mr. Guerra asked the City Attorney what the options were for action on the item or if it could be deferred. Mr. Pou responded that the Board could defer the item to the next meeting. Mr. Rodriguez then asked if a condition for the 1,000 ft. distance requirement be added to the motion so that any future applications would have to follow that regulation. Mr. Lightfoot stated that because the Board was an advisory board to the City Commission, the Board could make that recommendation and the Commission would review it when it comes before them. Mr. Miller stated that he had a similar thought about the conditions on the item and considered adding a condition for no advertising in addition to the distance requirement. Mr. Pou responded that a condition for distance requirementthat would affect future businesses is a condition that should not be added to the application as it would affect other properties. The ordinance governing the regulations should be amended to add the requirement instead. Mr. Basu stated that a deferral won’t solve anything. The issues that the Board has revolve around the regulations listed in the ordinance. The application meets the requirements that are currently in the ordinance. Because of that, the Board would have to either approve or deny the item and then make a second motion to request that the Commission look at the ordinance. Both Mr. Guerra and Mr. Miller agreed with the statements made by Board Member Basu. Mr. Miller stated that the Board should make a motion to defer the item and then have a second motion to have the Commission revise the regulations. He then stated that he could not support the application as it was currently presented. Mr. Lightfoot informed the Board that Section 20- 6.1(B)(4)(a)(iii) of the LDC provides procedures on how deferrals are to be handled by the Board. Mr. Lightfoot then read the LDC section into the record. Afterwards, Mr. Miller then recommended that a motion to deny the application be made. Mr. Guerra suggested that the Board defer the item which starts the 45-day period so that the Commission can look at the ordinance and if the item isn’t voted on in a timely manner, it would be transmitted automatically to the City Commission with a “No Comment” recommendation from the Board. Mr. Lightfoot reminded the Board that text amendments to the LDC require three (3) hearings before it can be adopted. Because of that, the review of the ordinance would take longer than the 45-day deferral period and would result in the application being transmitted to the City Commission with a “No Comment” recommendation. Mr. Guerra stated that if the item is denied, the Board could be setting a precedent. The Board held a discussion on possible motions for the item. Mr. Basu then put forth two (2) motions for the Board to consider. Motion #1: Mr. Basu moved to approve PB-23-004 with Staff’s recommendations. The motion was seconded by Ms. Dodard. The Board discussed the motion that was before them. With no further discussion on the item, the Board voted on the motion before them. Vote: Yes 3, No 4(None) Mr. Rodriguez: Yes Mrs. Readon: No Ms. Dodard: Yes Mr. Guerra: No 67 6 Ms. Ortega: No Mr. Basu: Yes Mr. Miller: No The motion to approve PB-23-004 was denied by the Board. Mr. Pou requested that the Board make a new motion to formally deny the application, to which Mr. Miller stated that a new motion was not necessary. Because of that, a new motion on the application was not made. Motion #2: Mr. Basu moved to request that the City Commission review the Adult Family Care Home regulationsthat are listed in the Land Development Code along with the concerns that the Board has with consideration to the following items: Distance Requirement Location in relation to Group Homes Capacity of the Facilities Signage The motion was seconded by Mrs. Readon With no further discussion on the item, the Board voted on the motion before them. Vote: Yes 7, No 0(None) Mr. Rodriguez: Yes Mrs. Readon: Yes Ms. Dodard: Yes Mr. Guerra: Yes Ms. Ortega: Yes Mr. Basu: Yes Mr. Miller: Yes The motion to request that the City Commission review the Adult Family Care Home regulations was unanimously approved by the Board. V.Public Comments/New Business The Chairperson opened the floor to public comments and any new business. Public Comments Section There were no Public Comments. New Business Section There was no New Business. The Chairperson closed the floor for public comments and any new business. VI.Approval of the Minutes 68 7 1.Planning Board Regular Meeting Minutes of March 14, 2023: Motion: Mr. Basu moved to approve the meeting minutes with corrections. The motion was seconded by Mr. Guerra. Vote: Yes 7, No 0(None), Mr. Rodriguez: Yes Mrs. Readon: Yes Ms. Dodard: Yes Mr. Guerra: Yes Ms. Ortega: Yes Mr. Basu: Yes Mr. Miller: Yes The motion to approve the meeting minutes was unanimously approved by the Board. VII.Future Meeting Date: May 9, 2023 VIII.Adjournment The meeting was adjourned at 8:25 P.M. 69 70 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, of Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI· PUBLIC HEARING· MAY 16, 2023 in the XXXX Court, was published in a newspaper by print in the issues of Miami Dally Business Review f/k/a Miami Review on 05/05/2023 Affiant further says that the newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. and subscribed before me this ~ GUILLERMO GARCIA personally known to me ~ ROSANASALGAOO (~ ,i:) Commission # HH 336987 ~.,1,, .. , .. / Expires November 30, 2026 71 .. . CITY OF SOUT H M IAMI, FLORIDA CITY COMM I SSION NOTICE OF PUBLIC H EARING Notice is hereby given that the City Commission will ho ld a public hearing on Tuesda M 16 2023 at 7;00 .m. to con sider the following publi c hearing it em(s): A RESOLLfTION OF THE CITY COM MISSION OF THE CITY OF SOUTH MIAM I, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5 .8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ADULT FAMILY CARE HOME WITHIN THE LOW DENSITY SINGLE-FAMI LY RESIDENTIAL (RS-3) ZONING DISTRICT ON PROPERTY LOCATED AT 6021 SW 62 PLACE: PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS: CORRECT[ONS; SEVERABIUTY: AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF · SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 11, "GARBAGE AND TRASH; SECTION 11-22, "EXTENT OF SERVICE AND POINTS OF COLLECTION,' OF THE CITY 'S CODE OF ORDINANCES; PROVIDING FOR CORRECTIONS: SEVERABIUTY: CONFLICTS: IMPLEMENTATION; AND AN EFFECTIVE DATE. ' The hearing will be held at C Hall Commission Chambers 6130 Sunset Drive South Miami Florida 33143 Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (htt s://zoom . us/'/3056636338 , by phone by calling + 1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. All interested parties are invited to attend and will be hea rd . For fui1her Information , please contac·t the City Clerk's Office at: 305-663-6340. Pursuant to Section 286 .0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constiMe consent by the City for the introduction or admission of otherwise inadmissible or irrelevant ev id ence, nor does it authorize challenges or appeals not otherwise allowed by law. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service In order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340 , by mail at 6130 Sunset Drive, South Miami, Florida or email at npayn e@southmiamifl .gov. Nkenga A. Payne , CMC, FCRM City Clerk 23-64/0000661481 M 20SE ...................................................................................................NEIGHBORSSUNDAYMAY72023 HDTM201 To subscribe to the MiamiHerald,visit miamihera ld.com/subscribe orcall 1-800THEHERALD. 72 ffliami !lftralb MIAMI HERALD.COM ~ VILLAGE OF PINECREST Public Notice On Tuesday, June 13, 2023, at 7:00 p.m., the Village Council will conduct the following Public Hearing to be held at the Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida: HEARING #2023-0613-l. LTDI IV, LLC, DBA LA TABERNA DE IGNACIO, IS REQUESTING APPROVAL OF A CONDITIONAL USE PERMIT ("SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES") FOR THE ON-PREMISE CONSUMPTION OF BEER, WINE, AND SPIRITS (4 COP LICENSE) IN A RESTAURANT LOCATED AT 9511 PINECREST PARKWAY, PINECREST, FLORIDA 33156 WITHIN THE BU-2, SPECIAL BUSINESS DEVELOPMENT ZONING DISTRICT. All interested parties are urged to participate. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing . Interested parties requesting information are asked to contact the Building and Planning Department by calling 305.234.2121, via e-mail at planning@pinecrest-fl.gov or writing lo the department at 12645 Pinecrest Parkway, Pinecrest, Florida 33156. Refer to the Hearing Number when making an inquiry . In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Village Clerk at 305.234.2121 not later than seven business days prior to such proceeding . Should any person decide to appeal any decision of the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Priscilla Torres, CMC www.pinecrest-fl.gov Village Clerk CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday May 16 2023 11 7:00 p.m. to consider the following public hearing ttem(s): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANTTO SECTIONS 20-3.3 AND 20-5 .8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ADULTFAMILY CARE HOME WITHIN THE LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-3) ZONING DISTRICT ON PROPERTY LOCATED AT 6021 SW 62 PLACE; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 11, "GARBAGE AND TRASH ," SECTION 11-22, "EXTENT OF SERVICE AND POINTS OF COLLECTION," OF THE CITY'S CODE OF ORDINANCES; PROVIDING FOR CORRECTIONS ; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. The hearing will be held at Ctty Hall Commission Chambers 6130 Sunset Drive South Miami Florida 33143. Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https ://zoom .us/i/3056636338), by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. All interested parties are invited to attend and will be heard . For further information, please contact the City Clerk's Office at: 305-663-6340 . Pursuant to Section 286.0105, Fla . Stal, the Cily hereby advises the public that if a person decides to appeal any deci~on made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your requesl to the Cily Clerf< by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk rrZ) Public Hearing Notice Foo State Road (SR) 90/Tamiami Trail/SW 8 Street from Beacom Boulevard to SW 2 Avenue ~ . Project Identification Number: 446000-1/2-52-01 The Florida Department of Transportation (FOOT) will host a Public Hearing_, both in person and virtually, for a roadway project along SR 90/Tamiami Trail/SW8 Street from Beacom Boulevard to SW 2Avenue, in Miami-Dade County . Wednesday, May 17, 2023 at 6 p.m. In-Person Public Hearing will be held at: Miami-Dade College Eduardo Padron Campus, Room 3103 701 SW 27 Avenue Miami, FL 33135 To Register scan the QR Code . To Register for the Virtual Public Hearing: Scant the QR Code or visit the link: https ://attendee .gotowebinar.com/register/7307775821440387933 Participants can also call in by dialing +1 (562) 24 7-8422 Access code : 694-824-166 The hearing will consist of a formal presentation followed by an open discussion . Staff will be available to answer questions as lime ~rmits, in the order received . If your question is not responded to during the event, a response will be provided in writing following the nearing . Project contact: Community Outreach Specialist Rodolfo Roman at 786-519-7160 or Roman@iscprgrouP..com Public participation at this meeting is solicited without regard to race, colorbnational origin , age, sex, religion, disability or family status . Pursuant to tlie provisions of the Americans with Disa ilities Act, any person requiring special accommodations to participate in this Virtual Public Meeting is asked to advise the agency at least seven cays before the meeting by contacting: Nicholas Danu, P.E. at 305-470-5219 or in writing: FOOT l000 N.W . 111 Avenue, Miami , FL 33172, email: Nicholas:Oanu(@dot.state .fl.us. If you are hearing or ~eech 1mpaired,11_lease contact the agency using the Florida Relay Service, 1-800-955-8771 (TDD) or 1 800-955-8770 (Voice). This Public Hearing is being held on behalf of the Florida Department of State, Division of Historical Resources (FDHR). This Public Hearing fulfills the reguirements in Chapter 86-308 designating Calle Ocho as a State Historic Highway ana requiring the FDHR to hold a Public Hearing prior to approving any alteration to Calle Ocho . Visit www.fdotmiamidade .com for project information .