20170517 SMMIAMI BEACH
Gommission Meeting
SUPPLEMENTAL MATERTAL 1 (5t 12t20171
City Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
May 17,20'17
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com m issioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vlsff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vtl, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the Gity Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
R5 C REZONING - WEST 600 BLOCK OF WASHINGTON AVENUE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE OFFICIALZONING DISTRICT MAP, REFERENCED IN SECTION 142-
72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL WESTERN PORTION OF THE 600 BLOCK OF
WASHINGTON AVENUE, FROM THE CURRENT ZONING CLASSIFICATION OF RM.2,
"RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," TO THE PROPOSED ZONING
CLASSIFICATION OF CD-2, "COMMERCIAL, MEDIUM INTENSITY"; AND PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
10:00 a.m. First Readinq Public Hearins Planning
Commissioner Michael Grieco
Supplemental updated on 511212017
(Attachment - Draft Referral Ordinance)
1
Supplemental 1, May 17,2017
R5D COMPREHENSIVE PLAN AMENDMENT - WEST 600 BLOCK OF WASHINGTON AVENUE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORtDA, pURSUANT TO THE pROCEDURES tN SECTTON 163.3184(3), FLORIDASTATUTES,
TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY
CHANGING THE DESIGNATION FORTHE PARCEL LOCATED ON THEWEST PORTION OFTHE
600 BLOCK OF WASHINGTON AVENUE, FROM THE CURRENT DESIGNATION OF RM-2,
"RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO THE PROPOSED DESIGNATION OF
CD-2, "COMMERCIAL, MEDIUM INTENSITY"; PROVIDING FOR INCLUSION lN THE
COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
10:05 a.m. First Readinq Public Hearinq Planning
Commissioner Michael Grieco
Supplemental updated on 5/1212017
(Attachment - Draft Referral Ordinance)
MEDICAL CANNABIS ORDINANCE - LAND USE REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 114OF THE CITYCODE, ENTITLED ''GENERAL PROVISIONS,''
TO DEFINE THE FOLLOWING DEFINITIONS: CANNABIS, MEDICAL CANNABIS DISPENSARY,
DERIVATIVE PRODUCT, LOW-THC CANNABIS, AND RELATED DEFINITIONS; AMENDING
CHAPTER 130, ENTITLED 'OFF-STREET PARKING,' ESTABLISHING MINIMUM PARKING
REQUIREMENTS FOR 'MEDICAL CANNABIS DISPENSARIES" AND PROHIBITING
PARTICIPATION lN THE FEE lN LIEU OF PARKING PROGRAM; AMENDING CHAPTER 142,
ENTITLED'ZONING DISTRICTS AND REGULATIONS,'' BYCREATING DIVISION 10, ENTITLED
"CANNABIS REGULATIONS AND USE,'' AND AMENDING SECTIONS 142-1501 TO 142-1504,
RELATING TOAPPLICABILITY, DEFINING MEDICAL USE OF CANNABIS, DESIGNATINGAREAS
FOR THE USE, ZONING REQUIREMENTS RELATING TO THE USE, AND PROHIBITING
CULTIVATION, PRODUCTION OR POSSESSION OF CANNABIS PLANTS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
R5N
Planning
Commissioner John Elizabeth Aleman
Supplemental updated on 5112120
(Revised Ordinance)
R5 U AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER
106, ENTITLED ''TRAFFIC AND VEHICLES," BYAMENDING ARTICLE II, ENTITLED ''METERED
PARKING,'' BYAMENDING DIVISION 1, ENTITLED "GENERALLY,' BYAMENDING SECTION 106-
55, ENTITLED.PARKING RATES, FEES, AND PENALTIES''; BYAMENDING METERED PARKING
SPACE RENTALS FOR PRODUCTIONS AND FILM; ESTABLISHING A PRODUCTION COMPANY
RECREATIONAL VEHICLES (PCRV) PARKING PERMIT PROGRAM AND RELATED FEES;
PROVIDING FOR CREW PARKING AT MUNICIPAL PARKING GARAGES AND RELATED DAILY
FEES; AND, PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
First Readinq Parking
Commissioner Michael Grieco
(Ordinance)
5:01 p.m. First Reading Public Hearinq
Continued from April 26,2017 - R5 P
2
Supplemental 1, May 17,2017
R5 V RESIDENTS'RIGHT TO KNOW:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
''ADMINISTRATION,' BYAMENDING ARTICLE II, ENTITLED ''CITY COMMISSION,' BY CREATING
SECTION 2-14 TO BE ENTITLED 'RESIDENTS' RIGHT TO KNOW,' TO CODIFY THE
LEGISLATIVE INTENT OF THIS ORDINANCE, DEFINE MATTERS THAT IMPACT RESIDENTS'
QUALITY OF LIFE, PROVIDE THAT THE CITY COMMISSION SHALL ADOPT A PROCESS FOR
REGISTERING NEIGHBORHOOD ASSOCIATIONS AND INDIVIDUAL RESIDENTS WHO CHOOSE
TO REGISTER, REQUIRE TARGETED ELECTRONIC NEIGHBORHOOD NOTICES FOR
MATTERS THAT IMPACT RESIDENTS' QUALITY OF LIFE, ALLOW FOR TIMELY
OPPORTUNITIES FOR PUBLIC INPUT, SUPPLEMENT EXISTING PROVISIONS IN THE CITY
CODE RELATING TO PROCEDURAL FAIRNESS IN QUASI-JUDICIAL HEARINGS, ALLOW A
REGISTERED NEIGHBORHOOD ASSOCIATION OR INDIVIDUAL RESIDENT WHO CHOOSES TO
REGISTER TO REQUEST DEFERRAL OR RECONSIDERATION OF A MATTER IF SUCH MATTER
IS NOT DULY NOTICED PURSUANT TO THIS ORDINANCE, PROVIDE THATANYAMENDMENT
OR REPEALER OF THIS ORDINANCE SHALL REQUIRE THE AFFIRMATIVE VOTE OF 5/7TH OF
THE CITY COMMISSION, DIRECT THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO
CONDUCT PERIODIC REVIEW AND PREPARE ANNUAL WRITTEN REPORTS, AND PROVIDE
THAT THIS ORDINANCE SHALL BE ADMINISTERED BY THE OFFICE OF THE CITY MANAGER;
AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, ANDAN EFFECTIVE DATE.
First Readinq Office of the City Attorney
Vice-Mayor Kristen Rosen Gonzalez and
Commissioner Michael Grieco
Supplemental updated on 511212017
(Memorandum & Ord inances)
3
THIS PAGE INTENTIONALLY LEFT BLANK
4
Agenda 11", RIC ,(sD
Date t-17-/l
WASHINGTON AVENUE INCENTIVES - ALLOWABLE USE CLARIFICATIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS,'' ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 5, "CD.2 GOMMERCIAL, MEDIUM INTENSITY
DISTRICT,'' TO MODIFY SECTION 142.309, "WASHINGTON AVENUE
DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO MODIFY
THE DEVELOPMENT REGULATIONS FOR PROPERTIES FRONTING
WASHINGTON AVENUE BETWEEN 6TH STREET AND 7th STREET;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City has reviewed the conditions of Washington Avenue and the
concerns raised by residents, property owners, and businesses as it relates to the condition of
Washington Avenue; and
WHEREAS, the City has studied various mechanisms for improving the quality of life
and quality of business improvements within the area; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides
for the regulation of land within the City; and
WHEREAS, the Planning Board, at its meeting dated , 2017, by a vote of
_, recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 5, 'CD-2 Commercial, Medium Intensity District," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended
as follows:
Sec. 142-309 - Washington Avenue development regulations and area requirements:
The following regulations shall apply to properties that front Washington Avenue between 6th
Street and 16th Street, includinq ihose properties between 6th and 7th Streets that mav have
frontaqe on Pennsvlvania Avenue; where there is conflict within this division, the criteria below
shall apply:
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5
(ll For properties between 6th and 7th Streets that abut residential zonino districts. the
followinq additional requlations shall aoplv:
a. The followinq shall be prohibited as a main permitted or stand-alone use:
i. Restaurants. cafes and/or eatinq & drinkinq establishments:ii. Bars. Dance Halls. Open-Air Entertainment Establishments. Outdoor
Entertainment Establishments and/or Entertain ment Establishments:
iii. Alcoholicbeveraqeestablishments:iv. Convenience stores. qrocerv stores and similar retail sales of food
productsl
v. Retail sales of alcoholic beveraqes for off-oremises consumption:
b. The maximum heiqht for new construction or additions shall not exceed the
heioht specified in Sec. 142-306.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2017.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading: ,2017
Second Reading: ,2017
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\201n5 - May\Planning\600 Block Washington - DRAFT REF Ordinance Allowable Uses.docx
Page 2
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1-
Agenda ltem l]5 ''
oateElT
Medical Cannabis - Land Use Regulations
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE GIry OF
MIAMI BEAGH, FLORIDA, AMENDING CHAPTER 114 OF THE CIry CODE,
ENTITLED "GENERAL PROVISIONS," TO DEFINE THE FOLLOWING
DEFINITIONS: GANNABIS, MEDICAL CANNABIS DISPENSARY, DERIVATE
PRODUGT, LOW.THC CANNABIS, AND RELATED DEF!NITIONS;
AMENDING CHAPTER 130, ENTITLED "OFF.STREET PARKING,"
ESTABLISHING MINIMUM PARKING REQUIREMENTS FOR ..MEDICAL
CANNABIS DISPENSARIES" AND PROHIBITING PARTICIPATION IN THE
FEE lN LIEU OF PARKING PROGRAM; AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY CREATING
DIVISION 10, ENTITLED "CANNABIS REGULATIONS AND USE," AND
AMENDING SECTIONS 142-1501 TO 142-1504, RELATING TO
APPLICABILITY, DEFINING MEDICAL USE OF CANNABIS, DESIGNATING
AREAS FOR THE USE, ZONING REQUIREMENTS RELATING TO THE USE,
AND PROHIBITING CULTIVATION, PRODUCTION OR POSSESSION OF
CANNABIS PLANTS; PROV!DING FOR REPEALER; SEVERABIL!TY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, pursuant to the Compassionate Medical Cannabis Act of 2014, the Florida
Legislature authorized a very limited number of large nurseries to cultivate, process, and
dispense non-euphoric, low-THC cannabis and operate dispensing organizations, as of January
1, 2015; and
WHEREAS, in 2016, the Florida Legislature amended Section 381.986 of the Florida
Statutes to include medical cannabis, revise the requirements for physicians ordering low-THC
cannabis, medical cannabis, or cannabis delivery devices, amend the requirements for the
cultivation, processing, transportation, and dispensing of low-THC cannabis or medical
cannabis, revise the Florida Department of Health's authority and responsibility and provide for
penalties; and
WHEREAS, pursuant to Section 381.986(8) of the Florida Statutes, a municipality may
determine by ordinance the criteria for the number and location of, and other permitting
requirements that do not confllct with state law for dispensing facilities of dispensing
organizations located within its municipal boundaries; and
WHEREAS, due to the historical prohibition of cannabis, the City of Miami Beach
does not currently have any land development regulations governing the use of real
property for the purpose of on-site distribution, sale, delivery or retail of low-THC
cannabis, medical cannabis or cannabis delivery devices as provided by Florida Statutes
Sections 381.986 and 499.0295; and
WHEREAS, on November 8, 2016, Florida voters approved Amendment 2 to the
Florida Constitution, entitled "Use of Marijuana for Debilitating Medical Conditions;" and
WHEREAS, Amendment 2 "Allows medical use of marijuana for individuals with
debilitating medical conditions as determined by a licensed Florida physician. Allows
caregivers fo asstsf patients' medical use of marijuana. The Department of Health shall
Page 1 of 14
7
register and regulate centers that produce and distribute marijuana for medical purposes and
sha// issue identification cards to patients and caregivers. Applies only to Florida law. Does
not immunize violations of federal law or any non-medical use, possession or production of
marijuanai'and
WHEREAS, the City Commission finds it is in the best interest of the citizens of
the City to minimize and control the adverse effects of dispensing facilities by adopting
appropriate land development and licensing regulations; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 114 of the City Code, entitled "General Provisions," is hereby amended
as follows:
CHAPTER 114
GENERAL PROVISIONS
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Cannabrs or maflluana means all parts of anv plat of the qenus cannabis. whether
orowing or not: the seeds thereof. the resin extracted from anv part of the plant: and everv
compound. manufacture, salt, cannabrs derivative product, mixture or preparation of the plant of
its seeds or resin.
Cannabis deliverv devices means a device utilized for the consumption of prescribed
medical cannabis or low-THC cannabrs. Such devices can onlv be sold to a qualified patient
that has been prescribed medical cannabis or low-THC cannabis or someone authorized bv
the qualified patient or the qualified patient's legal representative authorized to receive the
device on the qualified patient's behalf.
Cannabis dervafive producf means anv form of medical cannabis or low-THC cannabis
that is suitable for routes of administration.
Dispensrnq orqanDafion means an oroanization approved bv the state to cultivate,
process. transport. and dispense low-THC cannabis or medical cannabr's.
*
Page 2 of 14
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Low-tetrahvdrocannabinol cannabis or low-THC cannabis means a olant of the oenus
Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahvdrocannabinol and
more than '10 percent of cannabidiol weioht for weiqht: the seeds thereof: the resin extracted
from anv part of such plant: or anv compound, manufacture, salt, cannabis derivative product,
mixture. or preparation of such plant or its seed or resin that is dispensed onlv from a
dispensino orqanization approved bv the Florida Department of Health pursuant to Section
381 .986. Florida Statutes.
Low-IHC cannabis dr'spensary means an establishment where low-THC cannabis is
dispensed at retail.
May means permissive. not required.
Medical cannabis or medical mariiuana means all paris of anv planl of the oenus
cannabis. whether qrowino or not: the seeds thereof: the resin extracted from anv part of theplant: and everv compound, manufacture, sale. cannabis derivative product. mixture, or
preparation of the plant or its seeds or resin that is dispensed onlv from a dispensing
orqanization for medical use bv an elioible patient.
Medtcal cannabis drspensarv or dispensrnq facrl,fy means an establishment where
medical cannabis, low-THC cannabis. as well as cannabis deliverv devices. is dispensed at
retail that is operated bv a dispensino oroanization.
Medical use of cannabis means administration of the ordered amount of low-THC
cannabis or medical cannabrs. The term does not include the:
G) Possession. use. or administration of low-THC cannabis or medical cannabis bv or
for smokinq: or
(b) Transfer of low-THC cannabis or medical cannabis to a person other than thequalified patient for whom it was ordered or the qualified patient's leqal
representative authorized to receive it on the qualified patient's behalf.
(q) Use or administration of low-THC cannabis or medical cannabis.
i. On anv form of public transportation.
ii. ln anv public place.
iii. ln a qualified oatient's place of emplovment, if restricted bv their emplover.
iv. ln a correctional institution.
v. On the orounds of anv child care facilitv, preschool. or school.
vi. On or in anv vehicle. aircraft, or motorboat.
Page 3 of 14
9
Musf means a mandatorv and not merelv directory action or requirement. The term is
interchanoeable with the word "shall."
*
Sha// means a mandatorv and not merelv directory action or requirement. The term is
used interchanqeable with the word "must."
State ouattftea Arsoensn ion_gf
meOicat mariiuana
transoort. anO Oisp
neann, or success
Vapor /ounge shall mean a commercial establishment at which individuals consume
cannabis, medical cannabis, or low-THC cannabis.
Section 2. Chapter 130 of the City Code, entitled "Off-Street Parking," is hereby amended as
follows:
Chapter 130
Off-Street Parking
Sec. 130-32. - Off-street parking requirements for parking district no. 1.
***
(32) RsseFrcd Medical cannabis dispensarv: 1 space per 250 square feet of floor area.
Sec. 130-33. - Off-street parking requirements for parking districts nos. 2, 3, 4, 5, 6, and 7.
Except as othenruise provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3, 4 and 5 accessory off-street
parking spaces shall be provided for the building, structure or additional floor area as follows.
There shall be no off-street parking requirement for uses in this parking district except for
those listed below:
(4A) Medical cannabis dispensarv: 1 space per 250 square feet of floor area.
Page 4 of 14
10
Sec. 130-131. - Generally.
A fee in lieu of providing parking may be paid to the city in lieu of providing required
parking on- site, or within 1,200 feet of the site in the architectural district or othenruise within
500 feet of the site, only in the following instances, except that parking requirements for
accessory commercial uses in newly constructed buildings within the Collins Waterfront Historic
District in an area in the RM-2 zoning district that is bounded by 41st Street on the south and
44th Street on the north, and for medical cannabis dispensaries shall be satisfied by providing
the required parking spaces, and may not be satisfied by paying a fee in lieu of providing
parking:
Section 3. Chapter 142 of the City Code, entitled "District Regulations," is hereby amended as
follows:
DIVISION {O
CANNABIS REGULATIONS AND USE
Sec. 142-{500 - lntent.
Section 381.986. Florida Statutes. and Florida Administrative Code Chapter 64-4 authorize a
limited number of dispensinq oroanizations throuqhout the State of Florida to cultivate,
process. and dispense low{etrahvdrocannabinol (low-THC) cannabis and medical cannabis
for use bv qualified patients sufferino from cancer, terminal conditions, and certain chronic
conditions. The dispensino orsanizations must be approved bv the Florida Department of
Health and. once approved. are subiect to state reoulation and oversioht.
The intent of this division is to establish the criteria for the location and permittinq of
establishments that dispense low-THC cannabis or medical cannabis in accordance with
Section 381.986, Florida Statutes. and Florida Administrative Code Chapter 64-4.
Sec. 142-1501 - Applicabilitv.
This division shall onlv be construed to allow the dispensino of low-THC cannabis or medical
cannabis bv a state-approved dispensinq orqanization for medical use of cannabis. The sale
of cannabis or mariiuana is prohibited the Citv of Miami Beach except in a medical cannabis
dispensarv approved in accordance with this Division.
Sec. 142-1502. - Requirements for medical cannabis dispensing facilities.
Medical cannabis dispensaries shall comply with the following regulations:
(a) Onlv in accordance with the requirements of this division and the applicable zonino district.
one (1) medical cannabrs dispensarv shall be permitted in each of the areas listed below:
Page 5 of 14
11
flf Area one (1) shall in include the followins subareas:
a. Lots zoned CD-2. oenerallv located alonq Alton Road between 6th Street and 8th
Street: lots zoned C-PS2 located north of Sth Street between Ocean Court on the
east and West Avenue on the west: and lots zoned C-PS2 between Stn Street on
Meridian Avenue on the west; and lots zoned C-PS2 frontinq the south side of Sth
Street between Lenox Avenue on the east and Alton Road on the west: as depicted
in the map below:
Lots zoned CD-1 and CD-2 frontins Alton Road between 13th Street and 16th
Street: as depicted in the map below:
Page 6 of 14
12
Lots zoned CD-1, qenerallv located between Alton Road on the east and north.
Dade Boulevard on the south. Michiqan Avenue on the west: as depicted in the
map below:
PageT of 14
13
(2) Area three (3) shall include the @lots zoned HD located north of
the Julia Tuttle Causewav / lnterstate 195. as depicted in the map below:
(3) Area four (4) shall ots zoned CD-3 and frontinq 4l"tStreet between Sheridan
Avenue and the lndian Creek Waterwav, as depicted in the map below:
{1)
Page I of 14
14
(b) Conditional use approval from the Plannino Board is required prior to applvino for a
certificate of use. license, business tax receipt, buildino permit or other permit for a
medical cannabis dispensarv. ln addition to the standard conditional use criteria set forth
in section 118-192 of this code, the Planninq Board shall consider the criteria in section
142-1504 prior to makino its determination on the Conditional Use Permit.
G) Dispensinq of, pavment for, and receipt of low-THC or medical cannabis is prohibited
anvwhere outside of the dispensino facilitv, includins. but not limited to. on sidewalks, in
parkinq areas. drive{hrus, or in the riohts-of-wav surroundinq the dispensino facilitv:
provided, however. this provision shall not be construed to prohibit deliverv of low-THC or
medical cannabis to an elioible patient, as permitted bv state law or rule.
ful) Medical cannabis dispensaries shall onlv be allowed to operate between the hours of 7:00
a.m. and 9:00 p.m. dailv.
(e) No other uses are allowed within the dispensino facilitv. The sale of anv products other
than medrcal cannabr's. low-THC cannabls, cannabis derivative products, or cannabrs
deliverv devises flnerehanetiselis prohibited within the facilitv.
(fl Entertainment is prohibited within a medical cannabis dispensarv.
(g) Required parkino shall be located on the same parcel or unified development site as the
medical cannabis dispensarv. or within 500 feet of the site either in private parkino
facilities or a public parkinq facilitv, not within a resid lease, unitv of
title. or covenant-in-lieu of unitv of title. or other document of a similar nature.
Participation in the fee-in-lieu of parkino prooram is prohibited.
(h) The facilitv shall complv with the followinq requlations related to siqnaqe, advertisement.
and displav of merchandise:
Page 9 of 14
15
fl) Sionaoe visible from public riohts-of-wav and adiacent establishments and parcels
shall be limited to the name of the establishment and sions necessarv to complv with
the requirements of the State of Florida. Miami-Dade Countv, and the Citv of Miami
Beach. Depictions of cannabis and cannabls products shall not be visible from public
riqhts-of-wav and adiacent establishments and parcels.
(!) No advertisement for the establishment. cannabis. cannabis derivative product.
cannabis delivery devices or cannabis related products is permitted on siqns mounted
on vehicles. temporarv signs. hand-held or other portable siqns, handbills. leaflets or
other flvers directlv handed to anv person in a public place. left upon a motor vehicle or
posted upon anv public or private propertv without consent of the propertv owner. This
prohibition shall not applv to (1) anv advertisement contained within a newspaper.
maqazine or other periodical of qeneral circulation within the citv or on the lnternet:
and (2) advertisino which is purelv incidental to sponsorship of a charitable event not
qeared to or for the benefit of children or vouth.
(3) No merchandise beinq dispensed or sold within the dispensinq facilitv mav be visible
within areas of the facilitv accessible to the public unless it is beinq shown bv an
emplovee of the facilitv to a client.
({) Under no circumstances shall activities related to the cultivation, production.
processino. distribution. storaoe, displav. or sales of cannabis. cannabis derivatives.
cannabis deliverv devises, and cannabis-infused products be visible from the exterior
of the business.
[) Each establishment shall have separate operations, ventilation p/an. securitv, and fire
suppression svstems. and separate access from a public area.
(i) Each establishment shall be divided within a buildinq from floor to ceilino. Unless hioher
performance is required bv applicable law, there must be a minimum of a one-hour fire
separation between a medical cannabis dispensary and anv adiacent business.
(!) Each establishment shall not exceed 7.500 square feet, exclusive of required parkinq.
(!) Buildinq permit plans shall be consistent with the securitv plan required bv section 6-54 (o)
of the Citv Code.
(lq)Consumption of low-THC or medical cannabis or alcoholic beveraoes is prohibited onsite
at the dispensinq facilitv, includinq. but not limited to. in the parkino areas. sidewalks, or
riqhts-of-wav surrounding the dispensino facilitv: provided. however. this provision shall
not be construed to prohibit consumption associated with a dispensino facilitv emplovee.
trained bv a medical professional such as a doctor. nurse. pharmacist, or medical or
phvsician's assistant. instructino an eliqible patient on the mechanism of consumption of
low-THC or medical cannaDrs. as permitted bv state law or rule.
(n) A certificate of use shall be obtained for the low-THC or medical cannabis dispensinq
facilitv on an annual basis. The application for the certificate of use shall be made on a
form prescribed bv the Citv:
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(ll The medical cannabis dispensino facilitv must be established on the premises bv a
state-approved dispensinq orqanization within 180 davs of the date the certificate of
use is issued: after 180 davs. unless the time period is extended bv the Director for
oood cause shown. the certificate of use shall be null and void and the applicant must
re-applv.
(Q The Citv shall have the rioht to periodicallv inspect the premises of the dispensinq
facilitv at anv reasonable time to ensure that the facilitv has a current and valid
certificate of use. and to ensure compliance with the terms and conditions under which
it was issued. Violators will be subiect to all appropriate penalties, includinq revocation
of the certificate of use.
(!) Where. a civil violation notice relatinq to the dispensinq of low-THC or medical
cannabis has been issued and appealed bv the alleqed violator, the certificate of use
shall not be renewed where the appeal has been pendino for 180 davs or more and
the delav is attributable to the alleqed violator. Where. determinations of quilt for three
or more violations have been made, or the Special Master has determined that a
nuisance exists at the dispensinq facilitv. the certificate of use shall be revoked
immediatelv. and a new application mav not be made within a period of 12 months.
(q) Anv use. created and established under this division in a leoal manner. which mav
thereafter become leqallv nonconformino, mav continue until there is an abandonment of
said use. Once a leoallv nonconforminq use is abandoned. it shall not be re-established
unless it conforms to the requirements of this division. Abandonment shall consist of: a
chanqe of use or suspension of active business with the public for a period of at least
three (3) months: or a lesser time if a written declaration of abandonment is provided bv
the owner of the premises or. if the propertv is subiect to a lease, bv the owner and tenant
thereof.
(p) No certificate of use, business tax receipt, license, or buildino or other permit shall be
issued for a medical cannabis dispensino facilitv where the proposed place of business
does not conform to the requirements of this subsection.
(q) Anv medical cannabis dispensarv shall be prohibited from obtainins a special events
permit.
(1) n meOicat cannaOrc O
iOentifieO for ob ion-
wnicnever comes tl
Sec. 142-1503. Prohibited cannabrs-related uses.
The followinq cannab,s related uses and activities shall be prohibited anvwhere within the Citv:
(a) Cultivation. production or possession of mariiuana plants or cannabis plants.
(b) Sale of cannabis from anv motor vehicle.
(c) Medical cannabis product and cannabrs derivative product manufacturinq.
Page11of14
17
(d) Medical cannabis testino.
(e) Storaqe of cannabis or cannabis-related products off the site of the medical cannabis
dispensarv.
(f) Mariiuana membershio clubs.
(g) Vapor lounqes.
Sec. 142-1504. Conditional review criteria.
ln addition to the conditional use review criteria in Section 118-192, the Planninq Board shall
consider the criteria below when makinq its determination. Prior to applvinq for the conditional
use permit. the aoolicant shal
owners shall be required to underqo a Citv of Miami Beach backqround check pursuant to
section 6-53 of the Citv Code:
(a) A qeneral securitv plan shall be provided. The plan must sufficientlv demonstrate
enhanced securitv measures in excess of the minimum requirements set forth in State
requlations. The enhanced securitv measures include, but are not limited to, steel
securitv doors. improved video surveillance svstem capabilitv, advanced alarm svstems.
improved fire safetv svstems, natural disaster securitv, packaqing of dispensed products.
procedures for waste removal. and other measures. such as the use of hurricane impact
windows. lf the facilitv is located below the base flood elevation plus Citv of Miami Beach
Freeboard. the plan should incorporate flood proofino measures to ensure the continued
functioning of securitv devices in the event of a natural disaster and sea level rise. The
plan must be reviewed and approved bv the Citv of Miami Beach Police Department
before it can be considered bv the Planninq Board.
(b) A business plan shall be provided. The plan is to demonstrate the applicant's abilitv to
successfullv operate in a hiqhlv requlated industrv over an extended period of time.
The plan mav include. but is not limited to the followino: scope of work for the planninq
and development: scope of work for capital improvements: an estimate of first-vear
revenues: an estimate of first-vear operatinq expenses and evidence that the applicant
will have the resources necessarv to pav for those expenses; and a description of the
applicant's historv of compliance in a hiohlv requlated industrv.
(c) An operatinq plan shall be provided. The operatinq plan is to enumerate the specific
means throuqh which the applicant intends to achieve the business qoals and complv
with the citv and state resulatorv requirements. The operatino plans mav include, but is
not limited to the followinq: staffinq schedules to ensure adequate coveraqe and
experience durinq all business hours: emplovee traininq proorams for securitv, product
knowledge and safetv: proactive consumer education and communitv outreach
practices: an operations manual demonstratinq compliance with state and citv retail
mariiuana laws: and disposal of waste.
(d) An odor manaoement plan shall be provided. lt shall be required that the odor of
mariiuana must not be perceptible at the exterior of the buildino or at anv adioinino use
of the propertv. Facilities shall adopt best manaoement practices with reqard to
implementinq state-ofthe-art technoloqies in mitiqatino mariiuana odor, such as air
Page 12 of 14
18
scrubbers, charcoal filtration svstems, and sealed walls. The plan must include
maintenance of svstems, includino preventino the buildup of mold.
ns onty a timiteO nu
(at. ot tne Citv CoO
at an one time. fne is
Oivision anO Cnaot
come tirst serve Oasl
aoolication snatl
apotication snou
However, tne secon
timetrames iOentl
(Zt a. snatt resutt l
area. at wnicn time a
for tnat area. fnereat
exoire or be revoked the above Drocess shall aoolv.
SECTION 4.Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5. Godification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 6. Severabilitv.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2017.
Philip Levine
Mayor
Page 13 of 14
19
ATTEST:
Rafael E. Granado
City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading: May 17,2017
Second Reading: June 7, 2017
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\201n5 - May\Planning\Medical Cannabis Land Use Regs - First Reading ORD.docx
5-/z-/7
Page 14 of 14
20
Agenda ltem RSUpxls S-r7-17
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BYAMENDING CHAPTER 106, ENTITLED "TFUAFFIC AND
VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED
PARKING,'' BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY
AMENDING SECTION 106.55, ENTITLED "PARKING RATES, FEES, AND
PENALTIES,'; BY AMENDING METERED PARKING SPACE RENTALS
FoR PRoDUcrloNS AND FILM; ESTABLISH|NG A pRoDUcroN
COMPANY RECREATIONAL VEHICLES (PCRV) PARKING PERMIT
PROGRAM AND RELATED FEES; PROVIDING FOR CREW PARKING AT
MUNICIPAL PARKING GARAGES AND RELATED DAILY FEES; AND,
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, metered parking space rentals and related services/fees, including
those for production and film, are established by Ordinance by the Mayor and City
Commission; and
WHEREAS, the production and film industry have identified parking as a service that
is criticalforthe industry to flourish, and certain parking programs and fees would facilitate
this growth and expansion; and
WHEREAS, on April26, 2017, the Mayor and Commission discussed Agenda ltem
No. R9T regarding various incentives for the production and film industry, including the
establishment of parking incentives and related fees that will facilitate the use of municipal
parking facilities in the course of productions and filming; and
WHEREAS, the Mayor and City Commission directed the Administration to
expeditiously pursue all legislation that would provide incentives for the production and film
industry in the City of Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter '106, "T.raffic and Vehicles," Article ll, "Metered Parking,"
Division 1, "Generally," Section 106-55, "Parking Rate Fees, and Penalties," of the Code of
the City of Miami Beach, Florida, is hereby amended as follows:
21
CHAPTER 1 06
TRAFFIC AND VEHICLES
Article ll. Metered Parking
Division l. Generally
Sec. 106-55. Parking rates, fees, and penalties; exceptions.
(g) Metered parkingspace ,rrruO.
* *
(4) Production and film space rental:The city may provide on an as-needed
basis, rented spaces to accommodate production and film needs. A copy of
a valid, city issued production/film permit must accompany each application
for space rental. The fee per space is $10.00 per day, payable in advance at
least 48 hours or two (2) business days, whichever is greater. Rented spaces
for production and film use shallstate, "No Parking/TowAwav," and shall be
strictlvenforced. Only essential vehicles shall be allowed to park at rented
spaces, arrangements for crew parking on a first-come, first-served basis can
be arranged with the parking department at underutilized parkinq qaraqes
and lots. as determined bv the Parkinq Department Director. A dailv flat rate
of $10.00 per vehicle shall applv.
d shall be strietly enfereed,
Production vehicles mav obtain a Production Companv RecreationalVehicle
(PCRV) parkinq permit. A PCRV parkinq permit for production and film
recreationalvehicles may be used at metered parkinq spaces citvwide and at
taxistands during non-operational hours. A PCRV parkinq permit is notvalid
in residential parkinq zones. A valid production/film permit must be
prominentlv displaved on the driver's side dashboard. The PCRV parkino
permit is valid onlv during the davs/hours stated on the production/film permit
displayed. Metered parkinq rates are effective at all other applicable
enforcement hours, The PCRV parkinq permit fee is $70.00 monthlv, plus
sales tax.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
22
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SEGTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this day of 2017.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
Underline denotes new language
S+i*e+nreush denotes deletio ns
(Sponsored by Mayor Philip Levine and Commissioner Michael Grieco)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
5ru7-fr-ta-
T:\AGENDA\2017\May17\Regular\FilProductionParkinglncentiweslstReading.ord.doc
23
THIS PAGE INTENTIONALLY LEFT BLANK
24
Agendaltem RSV
Date 5- l7- t1
TO:
OFFICE OF THE CIry ATTORNEY
RAULJ. AGUILA, CIW ATTORNEY
FROM:
DATE:
SUBJEGT:
COMMISSION MEMORANDUM
Members of the Gity Commission
City Manager Jimmy Morales _, n A (_
Raul J. Aguila, Gity Attorneyc(-f- Vg.t
lllay 17,2017
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THECODE OF THE CIry OF MIAM! BEACH, ENTITLED..ADMINISTRATION," BY AMENDING ARTICLE II, ENTITLED "GIry
COMMISSION," BY CREATING SECTION 2.14 TO BE ENTITLED..RESIDENTS' RIGHT TO KNOW," TO CODIFY THE LEGISLATIVE
INTENT OF THIS ORDINANCE, DEFINE MATTERS THAT IMPACT
RESIDENTS' QUALITY OF LIFE, PROVIDE THAT THE CITY
GOMMISSION SHALL ADOPT A PROCESS FOR REGISTERING
NEIGHBORHOOD ASSOCIATIONS AND INDIVIDUAL RESIDENTS
WHO CHOOSE TO REGISTER, REQUIRE TARGETED ELECTRONIG
NEIGHBORHOOD NOTICES FOR MATTERS THAT IMPACT
RESIDENTS' QUALIW OF LIFE, ALLOW FOR TIMELY
OPPORTUNITIES FOR PUBLIG INPUT, SUPPLEMENT EXISTING
PROVISIONS IN THE CITY GODE RELATING TO PROCEDURAL
FAIRNESS IN QUASI.JUDICIAL HEARINGS, ALLOW A REGISTERED
NEIGHBORHOOD ASSOCIATION OR INDIVIDUAL RESIDENT WHO
CHOOSES TO REGISTER TO REQUEST DEFERRAL OR
RECONSIDERATION OF A MATTER IF SUCH MATTER IS NOT DULY
NOTICED PURSUANT TO THIS ORDINANCE, PROVIDE THAT ANY
AMENDMENT OR REPEALER OF THIS ORDINANCE SHALL
REQUIRE THE AFFIRMATIVE VOTE OF 5/7THS OF THE CITY
COMMISSION, DIRECT THE CITY MANAGER OR THE MANAGER'S
DESIGNEE TO CONDUCT PERIODIC REVIEW AND PREPARE
ANNUAL WRITTEN REPORTS, AND PROVIDE THAT THIS
ORDINANCE SHALL BE ADMINISTERED BY THE OFFICE OF THE
Clry MANAGER; AND PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFEGTIVE DATE.
A. Introduction
Pursuant to the request of Vice-Mayor Kristen Rosen Gonzalez and Commissioner Michael
Grieco, attached are two versions of an Ordinance amending Chapter 2 of the City Code to
create a "Residents' Right to Know" Ordinance. Option A is the City Attorney's recommended
draft, and Option B includes additional provisions requested by Miami Beach United, to which
the sponsors of the Ordinance have agreed.
25
B. Analvsis
The intent of the Ordinance is to supplement any notice and procedural requirements set forth in
the City Code or State law that are currently applicable to the City, in order to provide targeted
neighborhood notice, timely opportunities for input, and procedural fairness in hearings for any
proposed policy, ordinance, project, or other matter that impacts residents' quality of life, which
matters are defined in the Ordinance.
G. Gitv Attornev's recommendation
The Residents' Right to Know Ordinance is a groundbreaking proposal that, together with the
recent implementation of the MB Resident Connect system,l will provide residents with
unprecedented targeted electronic notices of specific City actions. Because the notices
contemplated in the Ordinance will require the coordination of the City Administration (especially
the lnformation Technology Department), the City Clerk, and the City Attorney to develop a
system and a procedure to implement the Ordinance, the City Attorney recommends that the
Mayor and City Commission adopt the City Attorney's version of the Ordinance.
' The MB Resident Connect system, which allows residents toalerts based on keyword searches, may
https://secure. m iam ibeachfl.qov/m bresidentcon nect.
sign up to receive electronicbe accessed at
26
OPTION A:
GITY ATTORNEY'S RECOMMENDED DRAFT
RESIDENTS' RIGHT TO KNOW
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF M!AM! BEACH, FLORIDA, AMENDING CHAPTER
2 OF THE GODE OF THE CITY OF MIAMI BEACH, ENTITLED
..ADMINISTRATION," BY AMENDING ARTICLE II, ENTITLED
..CITY COMMISSION," BY CREATING SECTION 2.14 TO BE
ENTITLED "RESIDENTS' RIGHT TO KNOW," TO CODIFY THE
LEGISLATIVE INTENT OF THIS ORDINANCE, DEFINE
MATTERS THAT IMPACT RESIDENTS' QUALIry OF LIFE,
PROVIDE THAT THE CITY COMMISSION SHALL ADOPT A
PROCESS FOR REGISTERING NEIGHBORHOOD
ASSOCIATIONS AND INDIVIDUAL RESIDENTS WHO CHOOSE
TO REGISTER; REQUIRE TARGETED ELEGTRONIG
NEIGHBORHOOD NOTICES FOR MATTERS THAT IMPACT
RESIDENTS' QUALITY OF L!FE, ALLOW FOR TIMELY
OPPORTUNITIES FOR PUBLIC INPUT, SUPPLEMENT
EXISTING PROVISIONS IN THE CITY CODE RELATING TO
PROCEDURAL FAIRNESS IN QUASI.JUDICIAL HEARINGS,
ALLOW A REGISTERED NEIGHBORHOOD ASSOCIATION OR
INDTVIDUAL RESIDENT WHO CHOOSES TO REGISTER TO
REQUEST DEFERRAL OR RECONSIDERATION OF A
MATTER IF SUCH MATTER IS NOT DULY NOTICED
PURSUANT TO THIS ORDINANCE, PROVIDE THAT ANY
AMENDMENT OR REPEALER OF THIS ORDINANGE SHALL
REQUIRE THE AFFIRMATIVE VOTE OF 5/7THS OF THE CITY
COMMISSION, DIRECT THE CITY MANAGER OR THE
MANAGER'S DESIGNEE TO CONDUCT PERIODIC REVIEW
AND PREPARE ANNUAL WRITTEN REPORTS, AND PROVIDE
THAT THIS ORDINANCE SHALL BE ADMINISTERED BY THE
OFFICE OF THE CIry MANAGER; AND PROVIDING FOR
REPEALER, GOD!FICATION, SEVERABIL!ry, AND AN
EFFECTIVE DATE.
WHEREAS, Paragraph (A)5 of the Citizens' Bill of Rights provides for a right to be heard
before the City Commission or any City agency, board, or department with regard to the
presentation, adjustment, or determination of an issue, request, or controversy within the
jurisdiction of the City; and
WHEREAS, likewise, Paragraph (A)O of the Citizens' Bill of Rights provides that
"[p]ersons entitled to notice of a City hearing shall be timely informed as to the time, place and
nature of the hearing and the legal authority pursuant to which the hearing is to be held"; and
27
WHEREAS, in the spirit of encouraging public notice and public participation in City
government, the Mayor and City Commission desire to enact this Residents' Right to Know
Ordinance to provide for targeted neighborhood notices, timely opportunities for input, and
procedural fairness in quasi-judicial hearings.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND GIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2-14 of Chapter 2 of the Miaml Beach City Code is hereby created to
state as follows:
CHAPTER 2
ADMINISTRATION
Article ll. City Commission
**
(s) Leoislafive ,nfenf. lt shall be the policv of the citv to provide tarqeted neiohborhood
notice, timelv opportunities for input, and procedural fairness in hearinqs for anv
proposed policv. ordinance, proiect. or other matter that impacts residents' qualitv of life.
(b) /mpacfs fo resrdenfs' oualffy of /ife. Matters that impact residents' qualitv of life shall
include the followino:
(lf anv position that has been formallv adopted bv resolution of a reoistered
neiqhborhood association and transmitted to the citv throuoh its citv manaoer:
(!) anv application for development review before the citv's land use boards, or anv
proposed zoninq leoislation before the citv commission. that includes the potentialfor
lot aogreoation. or that includes the potential for material increase in (i) traffic over
current levels. (ii) required parkinq. (iii) buildinq heioht. (iv) base elevation. (v)
intensitv of uses. (vi) densitv, or (vii) floor area ratio: and
(Q development proposals that require approval by the citv commission which propose
a. chanoes of use or commercialization in a public park, public beach. or other
public propertv or public easement:
b. the desion and implementation of a streetscape. transit. pedestrian, parkinq. or
area improvement proiect (other than routine repairs and maintenance): and
![) anv material chanqe to anv of the matters listed in subsections (bX1) throuoh (bX3)
above.
28
For purposes of this Ordinance, a "material increase" shall be defined as anv increase in
buildinq heiqht or base elevation over three (3) feet, anv increase in densitv, or anv
increase in floor area ratio. Additionallv, a "material increase" shall be defined as anv
increase in traffic over current levels. required parkino, or intensitv of uses that the
planninq and director considers to be substantial.
(g) Iarqefed ner'ohborhood nof,ce. The citv commission shall adopt a process bv resolution
(as mav be amended from time to time) for reqisterino neighborhood associations and
shall provide taroeted electronic notices on matters that impact residents' qualitv of life,
as defined above and. in addition to taroeted electronic notice, the citv shall post such
notices on the citv's website. Tarqeted neiohborhood notices at each step in the public
process. excludinq emeroencv matters requirinq immediate action, shall be in addition to
anv other public notices required bv law. Reqistered neiqhborhood associations shall
have the opportunitv to reqister for specificallv cateqorized notices based on whether a
particular action affects North Beach. Mid-Beach. or South Beach. Notices shall be
written in plain Enqlish. and both the title and summarv shall obiectivelv describe the
proposed action.
For purposes of this Ordinance. the term "neiqhborhood association" shall be defined as
an oroanization of residential homeowners and tenants created to address qualitv of life
issues in a defined neiohborhood or communitv.
Notwithstandino the above. an individual resident of Miami Beach mav also reoister to
receive taroeted neiohborhood notices. ln order to be eliqible for reqistration, an
individual shall have been a resident of the citv for a minimum of six (6) months, and
must provide the citv with a reasonable form of identification exhibitino proof of residencv
(to be defined in the resolution described above) upon reoisterinq.
Reoistered neiqhborhood associations (and individuals who choose to reqister) must
renew their reoistrations on an annual basis.
(g[ Iimely opporfunffies for rnpuf. Once a matter that impacts residents' qualitv of life (as
defined above) is referred to a citv commission committee or land use board. or once a
matter is placed on an aoenda for approval bv the citv commission. the citv shall use
reasonable oood faith efforts to ensure that reoistered neiqhborhood associations (and
individuals who choose to reoister) have an opportunitv to participate in citv processes
that shape anv matter that impacts residents' qualitv of life (as defined in subsection (b)
above).
(e) Procedural farness ,n ouasr-rudic,a/ hearnqs. The citv shall ensure that representatives
of reoistered neiqhborhood associations (and indivlduals who choose to reoister) shall
have the opportunitv at quasi-iudicial hearinqs before the citv's land use boards. or the
citv commission, to present or rebut evidence relevant to matters that impact residents'
qualitv of life. This shall include the ooportunity to request a time certain for the
convenience of the public. Reqistered neiqhborhood associations (and individuals who
choose to reoister) do not need to retain leqal counsel to exercise these procedural
riohts. Notices of filinq. and a copv of each quasi-iudicial application. shall promptlv be
made available on the citv's website upon filino, and amendments thereto or
suoplemental information shall be filed and promptlv made available on the citv's
website in advance of the date of the scheduled hearinq.
3
29
(fl Deferral or reconsrderafion. A reoistered neiqhborhood association (or individual who
chooses to reqister) mav request deferral of anv matter that requires tarqeted notice, or
the reconsideration of that matter. if such matter is not dulv noticed pursuant to this
Ordinance. A reconsideration mav onlv be requested at the publiclv noticed land use
board or citv commission meetino immediatelv followino the meetinq at which the
challenoed action was taken. However, the land use board or citv commission shall have
the sole discretion to qrant or denv anv such request. Consistent with Robert's Rules of
Order, a motion to reconsider must be made bv a board member or commissioner who
voted with the prevailinq side.
(g) Amendmenf or repealer. Anv amendment to this Ordinance (includino the repealer of
anv provision herein) shall require the affirmative vote of five-sevenths (5/7ths) of the citv
commission.
(h) Periodic reyiew and annual repod. The citv manager, or the citv manaqer's desiqnee,
shall. annuallv durinq the citv commission's review and approval of the citv's annual
operatinq budqet. present a written report to the citv commission trackino and identifvinq
the operational implementation and fiscal impact of this Ordinance. The report shall
include statistics relatinq to the number of reqistered neiqhborhood associations and
individuals reqistered under the Ordinance and anv amendments thereto: issues
pertainino to impacts to residents' qualitv of life that have resulted in the issuance of
taroeted notices: and anv violations and/or complaints received by the citv administration
with reqard to the implementation of the procedures set forth in the Ordinance.
(i) Administrafrbn of mrs Ordtnance. fn
the citv manaqer.
SEGTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION3. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SEGTION4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on January 1,2018.
30
PASSED and ADOPTED this day of
ATTEST:
2017.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Vice-Mayor Kristen Rosen Gonzalez and Commissioner Michael Grieco)
Underline denotes additions
S+rike+nreugh denotes deletions
APPROVED AS TO
rONU & LANGUAGE
Nr
F:\ATTO\KALN\ORDINANCES\Residents' Right to Know - City Attorney's Draft.docx
31
OPTION B:
REQUESTED BY VIGE MAYOR KRISTEN ROSEN GONZALEZ AND
COMMISSIONER MICHAEL GRIECO
RESIDENTS' RIGHT TO KNOW
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND GITY GOMMISSION OF
THE GITY OF MIAMI BEAGH, FLORIDA, AMENDING CHAPTER
2 OF THE CODE OF THE GITY OF MIAMI BEACH, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE ll, ENTITLED
.,CITY GOMMISSION," BY GREATING SECTION 2.14 TO BE
ENTITLED "RESIDENTS' RIGHT TO KNOW," TO CODIFY THE
LEGISLATIVE INTENT OF TH!S ORDINANCE, DEFINE
MATTERS THAT IMPACT RESIDENTS' QUALITY OF LIFE,
PROVIDE THAT THE CIry GOMMISSION SHALL ADOPT A
PROGESS FOR REGISTERING NEIGHBORHOOD
ASSOGIATIONS AND INDIVIDUAL RESIDENTS WHO CHOOSE
TO REGISTER, REQUIRE TARGETED ELECTRONIC
NEIGHBORHOOD NOTICES FOR MATTERS THAT IMPACT
RESIDENTS' QUALITY OF LIFE, ALLOW FOR TIMELY
OPPORTUNITIES FOR PUBLIC INPUT, SUPPLEMENT
EXISTING PROVISIONS IN THE CIry CODE RELATING TO
PROCEDURAL FAIRNESS IN QUASI.JUDICIAL HEARINGS
AND HEARINGS PERTAINING TO CERTAIN LEGISLATIVE
MATTERS, ALLOW A REGISTERED NEIGHBORHOOD
ASSOCIATION OR INDIVIDUAL RESIDENT WHO CHOOSES
TO REGISTER TO REQUEST DEFERRAL OR
REGONSIDERATION OF A MATTER IF SUCH MATTER !S NOT
DULY NOTICED PURSUANT TO THIS ORDINANGE, PROVIDE
THAT ANY AMENDMENT OR REPEALER OF THIS
ORDINANCE SHALL REQUIRE THE AFFIRMATIVE VOTE OF
5/7THS OF THE CITY COMMISSION, DIRECT THE GITY
MANAGER OR THE MANAGER'S DESIGNEE TO GONDUCT
PERIODIC REVIEW AND PREPARE ANNUAL WRITTEN
REPORTS, AND PROVIDE THAT THIS ORDINANCE SHALL BE
ADMINISTERED BY THE OFFICE OF THE GITY MANAGER;
AND PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFEGTIVE DATE.
WHEREAS, Paragraph (A)5 of the Citizens' Bill of Rights provides for a right to be heard
before the City Commission or any City agency, board, or department with regard to the
presentation, adjustment, or determination of an issue, request, or controversy within the
jurisdiction of the City; and
WHEREAS, likewise, Paragraph (A)O of the Citizens' Bill of Rights provides that
"[p]ersons entitled to notice of a City hearing shall be timely informed as to the time, place and
nature of the hearing and the legal authority pursuant to which the hearing is to be held"; and
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WHEREAS, in the spirit of encouraging public notice and public participation in City
government, the Mayor and City Commission desire to enact this Residents' Right to Know
Ordinance to provide for targeted neighborhood notices, timely opportunities for input, and
proced ural fai rness i n q uasi-j udicial hearings.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2-14 of Chapter 2 of the Miami Beach City Code is hereby created to
state as follows:
CHAPTER 2
ADMINISTRATION
Article !1. City Commission
**
(g) Leoislative infenf. lt shall be the policv of the citv to provide tarqeted neiqhborhood
notice. timelv opportunities for input. and procedural fairness in hearinos for anv
proposed policv. ordinance, proiect. or other matter that impacts residents' qualitv of life.
(b) /mpacfs fo resrdenfs' oualrTy of /ife. Matters that impact residents' qualitv of life shall
include the followino:
(lf anv position that has been formallv adopted bv resolution of a reqistered
neiohborhood association and transmitted to the citv throuqh its citv manager:
(2) anv application for development review before the citv's land use boards. or anv
proposed zonino leoislation before the citv commission, that includes the potentialfor
lot aoqreoation, or that includes the potential for material increase in (i) traffic over
current levels. (ii) required parkinq. (iii) buildino heioht, (iv) base elevation, (v)
intensitv of uses, (vi) hours of operation for those uses that require a citv
approval (e.9.. a variance or business tax receipt) for extended hours. (vii)
densitv. or (viii) floor area ratio.
(Q development proposals that require approval bv the citv commission which propose
a. chanqes of use or commercialization in a public park, publlc beach. or other
public propertv or public easement: and
b. the desiqn and implementation of a streetscape. transit. pedestrian. parkino, or
area improvement project (other than routine repairs and maintenance):
!l) administrative decisions made bv the citv manaqer that the ciW manaqer
determines. in the citv manager's reasonable iudqment and discretion. would
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impact residents' qualitv of life (excluding decisions made durinq emergencv
situations and decisions for which advance notice is impracticable): and
(!) anv material chanoe to anv of the matters listed in subsections (bXl) throuoh (bX4)
above.
considers to be substantial.
(g) Iaroefed nefuhborhood nofice. The citv commission shall adopt a process bv resolution
(as mav be amended from time to time) for reqisterino neiqhborhood associations and
shall provide tarqeted electronic notices on matters that impact residents' qualitv of life.
as defined above and. in addition to tarqeted electronic notice, the citv shall post such
notices on the citv's website. Tarqeted neiqhborhood notices at each step in the public
process. excludino emeroencv matters requirino immediate action. shall be in addition to
anv other public notices required bv law. Reoistered neiohborhood associations shall
have the opportunitv to reqister for specificallv cateoorized notices based on whether a
particular action affects North Beach, Mid-Beach. or South Beach. Notices shall be
written in plain Enolish. and both the title and summarv shall obiectivelv describe the
proposed actlon.
For purposes of this Ordinance. the term "neiohborhood association" shall be defined as
an orqanization of resid
issues in a defined neiohborhood or communitv.
Notwithstandino the above. an individual resident of Miami Beach mav also reqister to
receive taroeted neiohborhood notices. ln order to be eliqible for resistration, an
individual shall have been a resident of the citv for a minimum of six (6) months. and
must provide the citv with a reasonable form of identification exhibitino proof of residencv
(to be defined in the resolution described above) upon reoisterino.
Reoistered neiqhborhood associations (and individuals who choose to reoister) must
renew their reqistrations on an annual basis.
(g!) Imelv opporfunrTres for inpuf. Once a matter that impacts residents' qualitv of life (as
defined above) is referred to a citv commission committee or land use board. or once a
matter is placed on an aqenda for approval bv the citv commission, the citv shall use
reasonable oood faith efforts to ensure that reoistered neiqhborhood associations (and
individuals who choose to reqister) have an opportunitv to participate in citv processes
that shape anv matter that impacts residents' qualitv of life (as defined in subsection (b)
above).
(s) Proceduralfairness in quasi-iudicial and applicable leqislative hearinqs. The citv shall
ensure that representatives of reoistered neiohborhood associations (and individuals
who choose to reoister) shall have the opportunitv at (i) quasi-iudlcial hearinos and (ii)
leqislative hearings on amendments to the land development regulations to
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For purposes of this Ordinance, a "material increase" shall be defined as anv increase in
buildinq heioht or base elevation over three (3) feet. or anv increase in densitv. floor area
ratio. or hours of operation for those uses that require a citv approval for extended
hours. Additionallv. a "material increase" shall be defined as anv increase in traffic over
current levels. required parkinq. or intensitv of uses that the plannino and director
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present or rebut evidence relevant to matters that impact residents' qualitv of life. This
shall include the opportunitv for a resistered neiqhborhood association to obtain
a reasonable time certain and for an individual who chooses to reqister to request a
reasonable time certain for the convenience of the public. Notwithstandinq a
registered neiqhborhood association's riqht to obtain a reasonable time certain.
the chair or presidinq officer shall have the discretion to schedule the time of a
particular quasi-iudicial hearinq. Reqistered neiqhborhood associations (and
individuals who choose to reoister) do not need to retain leqal counsel to exercise these
procedural riohts. Notices of filinq, and a copv of each quasi-iudicial application or
applicable leqislative item. shall promptlv be made available on the citv's website. and
amendments thereto or supplemental information shall be filed and promptlv made
available on the citv's website in advance of the date of the scheduled hearinq.
(fl Deferral or reconsrderafion. A reqistered neiohborhood association (or individual who
chooses to reoister) mav request deferral of anv matter that requires taroeted notice, or
the reconsideration of that matter, if such matter is not dulv noticed pursuant to this
Ordinance. A reconsideration mav onlv be requested at the publiclv noticed land use
board or citv commission meeting immediatelv followins the meetinq at which the
challenoed action was taken. However. the land use board or citv commission shall have
the sole discretion to orant or denv anv such reouest. Consistent with Robert's Rules of
Order, a motion to reconsider must be made bv a board member or commissioner who
voted with the prevailino side.
(g) Amendmenf or repealer. Anv amendment to this Ordinance (includino the repealer of
anv provision herein) shall require the affirmative vote of five-sevenths (5/7ths) of the citv
commission.
(h) Periodic reyiew and annual reporf. The citv manaqer. or the citv manaqer's desiqnee.
shall, annuallv durino the citv commission's review and approval of the citv's annual
operatinq budqet. present a written report to the citv commission trackinq and identifvinq
the operational implementation and fiscal impact of this Ordinance. The report shall
include statistics relatinq to the number of reoistered neiohborhood associations and
individuals reqistered under the Ordinance and anv amendments thereto: issues
pertaininq to impacts to residents' qualitv of life that have resulted in the issuance of
taroeted notices: and anv violations and/or complaints received bv the citv administration
with reoard to the implementation of the procedures set forth in the Ordinance.
Q Adminisfrafion of fhis Ordrnance. This Ordinance shall be administered bv the office of
the citv manaoer.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
4
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SECTION3. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on January 1,2018.
PASSED and ADOPTED this day of
ATTEST:
2017.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Vice-Mayor Kristen Rosen Gonzalez and Commissioner Michael Grieco)
U nde rl i ne de notes add itions ; s+ike+n+eugh denotes de letions
F:\ATTO\KALN\ORDINANCES\Residents' Right to Know - SPonsors' draft.docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTTON, [ . .
,!- 0,r,1^ e \to \\ I
%-Ear
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