| | | | | | | |  | Committee Assignments - C4 A
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | April 3, 2024 | | | |
| | SUBJECT: | REFERRAL TO PLANNING BOARD: MANDATORY PROGRESS REPORTS FOR CONDITIONAL USE PERMITS. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer an ordinance to the Planning Board. |
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| | | | | | | | BACKGROUND/HISTORY
| On December 13, 2023, at the request of Commissioner Alex Fernandez, the City Commission referred a discussion item (C4 P) pertaining to Conditional Use Permit applications for Neighborhood Impact Establishments to the Land Use and Sustainability Committee (LUSC). Commissioner Tanya K. Bhatt is the co-sponsor of the proposal.
On February 26, 2024, the LUSC discussed the item and recommended the following for future CUPs issued for a Neighborhood Impact Establishments:
1. A mandatory progress report shall be required within six (6) months of the issuance of a certificate of use (CU) for the establishment.
2. A yearly progress report shall be required, regardless of whether any violations may have occurred.
The LUSC further recommended that the City Commission refer an amendment to the Land Development Regulations of the City Code (LDRs) to the Planning Board to effectuate these new requirements. |
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| | | | | | | | ANALYSIS
| 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.
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.
The existing system is intended to ensure that NIEs do not negatively impact surrounding residents. 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 attached draft ordinance includes the LUSC recommendations for mandatory progress reports before the Planning Board, on an annual basis, after an NIE begins operating. This is intended to 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.
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.
2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
Should this proposal be referred to the Planning Board, the Administration recommends that the City Commission determine that the proposed amendment is necessary based on circumstances unique to the proposed amendment and waive the applicable fees.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s) and principal(s): Not Applicable
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. The City Commission refer the attached ordinance to the Planning Board.
2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment. |
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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 |
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| | | | | | | | Sponsor
Commissioner Alex Fernandez and Co-sponsored by Commissioner Tanya K. Bhatt |
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