| | | | | | | |  | Resolutions - C7 M
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Raul J. Aguila, Interim City Manager | | | DATE: | January 13, 2021 | | | |
| | SUBJECT: | POLICE AND CODE COMPLIANCE REVIEW OF CERTAIN LAND USE BOARD APPLICATIONS
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE LAND USE AND
SUSTAINABILITY COMMITTEE AT ITS NOVEMBER 24, 2020
MEETING, AND ESTABLISHING A POLICY FOR THE POLICE
AND CODE COMPLIANCE DEPARTMENTS TO REVIEW AND
PROVIDE COMMENTS ON (1) CERTAIN APPLICATIONS TO
THE PLANNING BOARD FOR CONDITIONAL USE PERMITS
(CUPS) AND, (2) AT THE DISCRETION OF THE PLANNING
DIRECTOR, CERTAIN APPLICATIONS FOR OTHER LAND USE
BOARD APPROVALS; PROVIDED, HOWEVER, THAT THE
SCOPE OF EACH BOARD'S REVIEW SHALL AT ALL TIMES BE
LIMITED TO THE REVIEW CRITERIA APPLICABLE TO THAT
PARTICULAR BOARD. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission adopt the attached Resolution. |
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| | | | | | | | BACKGROUND/HISTORY
| | On October 14, 2020, at the request of Commissioners Michael Gongora and Mark Samuelian, the City Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC) pertaining to a Police Citizen Relations Committee motion regarding the impact of land-use zoning matters on public safety. On November 24, 2020, the LUSC discussed this item and recommended that the City Commission adopt a Resolution to establish a policy for Police and Code Compliance Department review of applicable CUP applications. |
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| | | | | | | | ANALYSIS
| The City of Miami Beach has very robust and comprehensive review requirements for outdoor entertainment and neighborhood impact establishments through the Planning Board CUP process. Additionally, the Code Compliance and Police Departments are dedicated to a high level of public safety associated with all CUP applications.
In order to memorialize the recommendations of the Police Citizens Advisory Committee and the LUSC, the attached Resolution has been drafted to create mechanisms to promote public safety as part of the Planning Board CUP process and, where applicable, as part of the review of other land use board applications:
1. Whenever the Planning Director determines, consistent with the criteria in City Code Sections 118-192 and/or 142-1362, that (a) public safety issues are likely to arise in connection with a future CUP application, and (b) such information would be relevant to the Planning Board’s review of the application, the Planning Director shall forward the application and any supporting materials to the Police and Code Compliance Departments for their review, prior to placing the application on a Planning Board agenda. The Police and Code Compliance Departments shall review and, if applicable, provide written comments/recommendations on public safety issues likely to arise in connection with the proposed conditional use. The Planning Board’s review shall at all times be subject to the criteria in City Code Section 118-192 and 142-1362, and any other applicable provision of the Land Development Regulations.
2. Other applications for land use board approval may be forwarded to the Police and Code Compliance Departments for their review, at the sole discretion of the Planning Director, and subject to the applicable board’s review criteria. The Police and Code Compliance Departments shall review and, if applicable, provide written comments/recommendations on public safety issues likely to arise in connection with the proposed development. Each respective board’s review shall at all times be limited to the scope of the review criteria applicable to that particular board.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Community concerns with public safety |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission adopt the attached Resolution. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning/Office of the City Attorney |
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| | | | | | | | Sponsor
Commissioners Michael Gongora and Mark Samuelian |
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