Resolution 2021-31544 Police and Code Compliance Review of Certain Land Use Board Applications
RESOLUTION NO. 2021-31544
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.
WHEREAS, on September 15, 2020, the City's Police/Citizens Relations Committee
adopted a motion which, in pertinent part, urged the City Commission to establish a policy for the
Miami Beach Police Department and Code Compliance Department to review certain land use
applications and provide comments on the impact of proposed development on public safety; and
WHEREAS, 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 the Police/Citizens Relations Committee's motion;
and
WHEREAS, on November 24, 2020, the LUSC discussed this item and recommended
that the City Commission adopt a Resolution to establish a policy for the Police and Code
Compliance Departments to review certain conditional use permit (CUP) applications (wherever
applicable, as determined by the Planning Director); and
WHEREAS, the City of Miami Beach has robust and comprehensive review requirements
for outdoor entertainment and neighborhood impact establishment applications, through the
Planning Board's CUP process; and
WHEREAS, CUP applications are reviewed against the rigorous conditional use criteria
in City Code Section 118-192, as well as the supplemental review guidelines in City Code Section
142-1362 for outdoor entertainment establishments and neighborhood impact establishments,
both of which include criteria relating to public safety; and
WHEREAS, the City of Miami Beach is committed to promoting a high level of public safety
associated with CUP applications and, where applicable, other land use board applications; and
WHEREAS, the policy set forth in this Resolution will provide additional opportunities to
promote public safety in new development, as part of the Planning Board's CUP process and,
where applicable, as part of the review of other land use board applications.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Land Use and Sustainability Committee
at its November 24, 2020 meeting, and recommend that the following mechanisms be
incorporated, where applicable, in order to promote public safety in the context of the City's
development review process:
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.
PASSED and ADOPTED this % day of January, 2021.
ATTEST: iit<2-? -----___
Dan Gelber, Mayor
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Rafael . Granado, ( ity lerk
` ..P, APPROVED AS TO FORM AND
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=IPILORP ORATED
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T:Agenda\2021\1_January 13\Planning\LUSC Recommendations on CUP Applications-RESO.docx
Resolutions-C7 M
MIAMI BEACH
COMMISSION MEMORANDUM
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.
RECOMMENDATION
The Administration recommends that the City Commission adopt the attached Resolution.
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.
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
Page 772 of 1954
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.
SUPPORTING SURVEY DATA
Community concerns with public safety
CONCLUSION
The Administration recommends that the City Commission adopt the attached Resolution.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning/Office of the City Attorney
Sponsor
Commissioners Michael Gongora and Mark Samuelian
ATTACHMENTS:
Description
o Resolution
Page 773 of 1954