| | | | | | | | | | 
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
| | | |
| | | | | | | | | | Item 12.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
|
| FROM: Alina T. Hudak, City Manager
|
| DATE: February 26, 2024
|
| |
| | | | | | | | | TITLE: | REVIEW LAND DEVELOPMENT REGULATIONS APPLICABLE TO NEW CONDITIONAL USE PERMIT APPLICATIONS FOR NEIGHBORHOOD IMPACT ESTABLISHMENTS, DISCUSS WHETHER NIE'S SHOULD BE REQUIRED TO APPLY FOR RENEWAL FROM THE PLANNING BOARD AFTER A SPECIFIC TERM OF YEARS, AND DISCUSS ADOPTING PROPERTY MAINTENANCE STANDARDS SPECIFIC TO NIE'S |
| |
| | | | | | | | HISTORY:
| On December 13, 2023, at the request of Commissioner Alex Fernandez, the City Commission referred the subject discussion item (C4 P) to the Land Use and Sustainability Committee (LUSC). Commissioner Tanya K. Bhatt is the co-sponsor of the item.
BACKGROUND
A neighborhood impact establishment ("NIE") is defined in the Resiliency Code as follows:
• An alcoholic beverage establishment or restaurant (without entertainment) with an occupant content of 300 or more persons.
• An alcoholic beverage establishment or restaurant (with entertainment) with an occupant content of 200 or more persons.
• An alcoholic beverage establishment or restaurant located on a rooftop within 200 feet of a residential property.
A conditional use permit ("CUP") issued by the Planning Board is required to operate any NIE in the City.
As noted in the attached referral memo, the sponsor has requested that the LUSC discuss and consider whether the City should create a periodic review or renewal process for new NIEs, which would apply prospectively to new applicants. For example, after a specified period of time, a previously approved NIE would be required to apply for a renewal of their CUP from the Planning Board. At that time, the Planning Board would have the authority to review the business’s history and, if necessary, consider amending the conditions of the CUP. The LUSC should also consider whether special property maintenance standards should apply to NIEs. |
|
| | | | | | | | ANALYSIS:
| Currently, CUPs are issued in perpetuity and as long as the use does not cease operations for more than 180 days, the business can continue operating pursuant to the conditions in the approved Planning Board order. Generally, the Planning Board places requirements for progress reports, and the most typical requirement is for a progress report to occur 90 days after the business begins operating. If the business operates in accordance with the conditions of the CUP and does not create nuisances for neighbors, the business will likely not be called back to the Planning Board.
When a business does not comply with the conditions of approval, the Code Compliance Department can issue violations. The Planning Department is notified of those violations, and in most instances will issue a Cure Letter and set a progress report before the Planning Board. If the issue is not corrected, the Planning Board generally schedules a noticed Revocation/Modification Hearing, where the conditions of approval can be modified, or the CUP can be revoked. The current system is intended to ensure that NIEs do not negatively impact surrounding residents.
As it pertains to potential options with regard to modifying the CUP process for NIEs, the following is noted:
• An expiration date can be considered for CUPs related to NIEs, and would require approved NIEs to reapply to the Planning Board prior to the expiration of their existing approval if they wish to continue operating. If this is considered, a period of at least five (5) years would be suggested.
This option would create additional costs and regulatory burdens for businesses, and there would be a lack of certainty that a business would be able to continue operating after the expiration period. It could also create regulatory challenges for the city, as the expiration of CUPs would have to be tracked and enforced.
• Periodic, mandatory progress reports before the Planning Board could be required after an NIE has been operating. This would reinforce the conditions of approval and ensure that the business is abiding by those conditions, while providing certainty that if a business operates appropriately, it will be able to continue operating.
Regarding property maintenance standards, all CUPs in recent years have been approved by the Planning Board with the following condition:
The owner/operator shall be responsible for maintaining the areas adjacent to the facility, including the sidewalk, and all areas around the perimeter of the property. These areas shall be kept free of trash, debris and odor, and shall be swept and hosed down at the end of each business day.
Properties that do not comply with this requirement are issued a cure letter and called back to the Planning Board, which may then modify the approval if issues continue. Generally, this condition has been sufficient to ensure that properties are well kept.
|
|
| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide any applicable recommendations to the City Commission. |
| | |
| | | | | | | | | 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 | |
| | |
| ATTACHMENTS: | | Description | Type |  | REF C4P | Memo |
|
|