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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 9.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Jimmy L. Morales, City Manager
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| DATE: November 24, 2020
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| | | | | | | | | TITLE: | DISCUSS THE POLICE CITIZEN RELATIONS COMMITTEE MOTION REGARDING THE IMPACT OF LAND-USE ZONING MATTERS ON PUBLIC SAFETY.
ACTION REQUESTED:
Discuss the item and provide appropriate policy direction.
ADMINISTRATION RECOMMENDATION:
Conclude the item with a recommendation to the City Commission, if applicable. |
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| | | | | | | | HISTORY:
| | On October 14, 2020, at the request of Commissioners Michael Gongora and Mark Samuelian, the subject discussion was referred to the Land Use and Sustainability Committee (LUSC) by the City Commission (item C4K). |
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| | | | | | | | ANALYSIS:
| BACKGROUND
During their September 15, 2020 meeting the Police Citizen Relations Committee (PCRC) passed the following motion:
Motion #1 regarding the impact of land-use and zoning matters on public safety:
Recognizing that public safety is significantly impacted by land-use decisions including but not limited to zoning, conditional use permits, sidewalk cafes, and neighborhood impact establishments, the Miami Beach Police/Citizens Relations Committee urges the City Commission to establish policy requiring written comments from the Miami Beach Police Department and the Code Compliance Department on the impacts that requests made in a land use application - whether initiated by the City or a private applicant - could potentially have on public safety and on the level of service being provided. Said comments should include enforcement history of the site(s) subject of any such application and shall accompany staff recommendations to the Planning Board, Board of Adjustments, the Historic Preservation Board, any other applicable review board, and the City Commission.
The PCRC requested that the above noted motion be referred to and discussed at the Land Use and Sustainability Committee.
PLANNING ANALYSIS
The motion by the PCRC is fairly broad. In this regard, the City has four major Land Use Boards - Planning Board, Board of Adjustment, Historic Preservation Board and the Design Review Board. The intent of this motion appears to be recommending that the Police and Code Compliance Departments provide comments on applications that contain a use that may present public safety issues. Although broadly worded, after discussing the motion with the Police Chief it does not appear that the intent of the motion is for Police and Code to provide written comments for every LUB application.
Currently, the Code Compliance Department already provides information regarding violations for applicable CUP applications. In discussing this with the Director of Code Compliance, they feel their function is to report all information related to requests and calls for service, as well as violations, on the specific locations presented in front of the LUB’s. Code Compliance does not recommend that it engage in recommendations approving or disapproving LUB applications and that they remain in an advisory capacity only.
In the experience of Planning staff, the review of CUP applications by the Planning Board, as well as alcohol related variances requested by the BOA, DRB or HPB are best suited for comments and feedback from the Police Department.
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| | | | | | | | CONCLUSION:
| | The administration recommends that the item be discussed and concluded. Additionally, if there is consensus, it is further recommended that the LUSC make an applicable recommendation to the City Commission. |
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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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