Ordinance 2024-4636 Mandatory Progress Report Requirements for CUP
(Amended for Second Reading)
ORDINANCE NO.' 2024-4636
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE •
CITY OF MIAMI BEACH, SUBPART B, ENTITLED "MIAMI BEACH
RESILIENCY CODE," CHAPTER 2, ENTITLED "ADMINISTRATION. •
AND REVIEW'PROCEDURES," ARTICLE V, ENTITLED "REZONINGS
AND DEVELOPMENT APPROVALS," SECTION 2.5.2, ENTITLED.
"CONDITIONAL USE," TO. ESTABLISH MANDATORY PROGRESS
REPORT REQUIREMENTS FOR CONDITIONAL USE PERMITS
ISSUED FOR NEIGHBORHOOD IMPACT ESTABLISHMENTS; AND'
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend and enhance the current
requirements in the City Code pertaining to Neighborhood Impact Establishments (NIE); and
WHEREAS, NIEs, if not properly regulated, can become a nuisance and negatively impact
adjacent residential properties, the impacts of which can be difficult to control; and
WHEREAS, NIEs can negatively impact the character of neighborhoods and quality of life
for surrounding residents and businesses; and .
WHEREAS, mandatory progress reports for NIEs will promote the general health, safety
and welfare of the residents of the City; 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 2 of the Miami Beach Resiliency Code, entitled "General Provisions,"Article
V, entitled "Rezonings and Development Approvals," is hereby amended as follows:
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CHAPTER 2
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE V. REZONINGS AND DEVELOPMENT APPROVALS
* * *
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2.5.2 Conditional Use..
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* * *
2.5.2.5 Compliance with conditions; revocation or modification.
a. No occupational license, certificate of use, certificate of occupancy, or certificate of
completion shall be, issued until all conditions of approval have been met. The
establishment of a conditional use without complying with the conditions of approval
shall constitute a violation of these land development regulations and shall be subject
to enforcement procedures as set forth chapter 1, and as provided herein.
b. Within a reasonable time after a conditional use application or amendment has been
approved, the applicant shall record the planning board's action and conditions in the
public records of the county. No building permit, certificate of use, certificate of
occupancy, certificate of completion or occupational license shall be issued until
compliance with this regulation has demonstrated.
c. The following mandatory progress reports and updates shall a.•1 to an a..lication
that includes approval for a Neighborhood Impact Establishment (NIE):
1. Within 6 months of the issuance of a certificate of use(CU)for an establishment
that received a CUP that includes an NIE,the applicant shall provide a progress
report to the Board.
2. The applicant shall be required to provide a letter to the Planning Department
subsequent to the initial progress report and on an annual basis thereafter.
attesting to the applicant's compliance with all conditions of the CUP. The
Planning Director shall include a copy of all such letters on the next available
meeting agenda of the Planning Board. for informational purposes. Following
receipt of an applicant's annual letter.the Planning Board may elect to schedule
a progress report before the Board at its next available meeting. Failure to
provide such letter on an annual basis shall constitute a violation of the CUP
and a progress report shall be scheduled annual progro repor+ to Board in
perpetuity. In addition to all enforcement provisions herein, the Board reserves
the right to schedule a modification / revocation hearing if determined
necessary when reviewing any annual progress report.
d. The board may revoke or modify a conditional use approval pursuant to the following
procedures:
1. The planning director shall notify the applicant by certified mail of the failure to
comply with the conditions of the approval;
2. If, after expiration of a 15-day cure period commencing on the date of the
notice, the applicant fails to comply with the conditions, or the applicant has
exhibited repeated or intermittent noncompliance with the conditions prior to
the cure period and the planning director is concerned about further repeated
or intermittent noncompliance, the planning director shall advise the board at
the next meeting and the board may consider setting a public hearing for the
purpose of examining the noncompliance issues;
3. If the board elects to set a public hearing, the planning director shall place the
matter on the board's agenda in a timely manner and all notice requirements
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imposed for conditional use applications as set forth in subsection 2.2.4.1 shall
be applicable, with the addition of notice to the applicant; and
4. The board shall hold a public hearing to consider the issue of noncompliance
and the possible revocation or modification of the approval, and, based on
substantial competent evidence, the board may revoke the approval, modify
the conditions thereof, or impose additional or supplemental conditions.
e. In determining whether substantial competent evidence exists to support revocation,
modification or the imposition of additional or supplemental conditions to the approval,
intermittent noncompliance with the conditions, as well as the frequency, degree and
adverse impact of such intermittent noncompliance, may be considered by the board.
f. In the event the board takes any of the enforcement actions authorized in this
subsection, the applicant shall reimburse the Planning Department for all monies
expended to satisfy notice requirements and to copy, prepare or distribute materials
in anticipation of the public hearing. The applicant shall not be permitted to submit a
new application, for related or unrelated matters, nor shall an application be accepted
affecting the subject property for related or unrelated matters, for consideration by the
board of adjustment, planning board, design review board, or historic preservation
board, until repayment in full of all monies due and payable pursuant to the foregoing
sentence.
g. In,addition to all other enforcement actions available to the board, based upon a board
finding that the applicant has failed to comply with the conditions of the approval, the
board may recommend that the code compliance director(or his successor in interest
with respect to the issuance of occupational licenses and certificates of use), in his
discretion, revoke or suspend the certificate of use for the subject property or the
applicant's occupational license applicable to the business conducted at the subject
property.
SECTION 2. REPEALER:
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith 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.
If 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 n day of / 024.
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ATTEST:
Steven Meiner, Mayor
AUG 2 7 2024
.11111
Rafael E. Granado, City Clerk _;Pi�!!.BE,q,,,,,,
It
UNCORP RATED
First Reading:
Second Reding: Ju y 24,ne �20 4 r\H 26M`,,,,
Verified By:
Thomas R. Moone ICP
Planning Director
,Sponsored by Commissioner Alex J. Fernandez APPROVED AS TO
Co-Sponsored by Commissioner Tanya IC Bhatt FORM AND LANGUAGE
& FOR EXECUTION
Co-Sponsored by Commissioner David Suarez
Cosponsored by Mayor Steven Meiner $ tf-
City Attorney LW._ Date
Co-Sponsored by Commissioner Joseph Magazine
T:\Agenda\2024\7 July 2024\Planning\Mandatory Progress Reports for CUP-Second Reading ORD REVISED.docx
Ordinances - R5 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Member of the City Council
FROM: Interim City Manager Rickelle Williams
DATE: July 24, 2024 2:10 p.m. Second Reading Public Hearing
TITLE: MANDATORY PROGRESS REPORTS FOR CUP
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED"MIAMI BEACH RESILIENCY CODE,"CHAPTER
2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE V,
ENTITLED "REZONINGS AND DEVELOPMENT APPROVALS," TO ESTABLISH
MANDATORY PROGRESS REPORT REQUIREMENTS FOR CONDITIONAL
USE PERMITS ISSUED FOR NEIGHBORHOOD IMPACT ESTABLISHMENTS;
AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the ordinance.
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 an amendment to the
Land Development Regulations of the City Code (LDRs) be referred to the Planning Board to
effectuate the following new requirements for future conditional use permits issued for
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.
On April 3, 2024, at the request of Commissioner Alex Fernandez, the City Commission referred
the proposed amendment to the LDRs to the Planning Board to require mandatory progress
reports for neighborhood impact establishments (item C4 A).
ANALYSIS
A neighborhood impact establishment (NIE) is defined in the LDR's as follows:
• An alcoholic beverage establishment or restaurant (without entertainment) with an
occupant content of 300 or more persons.
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• 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 ME in
the City.
Currently, CUPs are issued in perpetuity and if 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 requires progress reports for a CUP, 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 process 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 following LUSC recommendations for mandatory
progress reports:
1. Within 6 months of the issuance of a certificate of use (CU)for an establishment that received
a CUP that includes an NIE, the applicant shall provide a progress report to the Board.
2. The applicant shall be required to provide annual progress reports to Board, in perpetuity. In
addition to all enforcement provisions herein, the Board reserves the right to schedule a
modification / revocation hearing if determined necessary when reviewing any annual progress
report.
• The Planning Board routinely requires a progress report within 6 months of an establishment
approved for an NIE obtaining a CU. The proposed requirement for mandatory progress reports
on an annual basis, after an establishment with an approved NIE begins operating, is intended to
reinforce the conditions of approval and ensure that the business is abiding by those conditions.
It is anticipated that the number of new CUP approvals will increase in the future, resulting in an
increase in the number of mandatory annual progress reports. As such, both staff and the
Planning Board will likely need to develop future strategies to manage additional progress reports.
One option for reducing the potential number of future annual progress reports would be to require
that all applicants approved for an NIE provide a letter to the Planning Department, on an annual
basis, attesting to full compliance with all conditions of their CUP. This would ensure an annual
update on all establishments approved for an NIE. If a certified letter is not provided it would be
considered a violation of the conditions of the CUP and a progress report would be scheduled.
The following is draft text, in ',old double underscore, for this option, if the City Commission
wishes to consider it:
2.5.2.5 Compliance with conditions; revocation or modification
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c. The following mandatory updates and_procress reports shall apply to any application
that includes approval for a Neighborhood Impact Establishment(NIE):
1. Within 6 months of the issuance of a certificate of use(CU)for an establishment
that received a CUP that includes an NIE,the applicant shall provide a progress
report to the Board.
2. The applicant shall be required to provide a letter to the Planning
Deeartment, on an annv I basis, attesting to MI_comelianci with all
c•nditions of the CUP. FailurelQ.PrQyide WO_letter on an annua ba i
sllall_QQll;ttitute a violatt9nof_the CUP and a,prQlreas rQRQrt.schedu�
. In addition to all enforcement
provisions herein, the Board reserves the right to schedule a modification /
revocation hearing if determined necessary when reviewing any annual
progress report.
PLANNING BOARD REVIEW
On May 28, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0). The Planning Board
also recommended that the mandatory requirement for annual progress reports be removed.
UPDATE
The subject ordinance was approved at First Reading on June 26, 2024, with no changes.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected.
Does this Ordinance require a Business Impact Estimate? No
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on 7/5/2024. See BIE at:
https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
Page 1006 of 1750
If so, specify the name of lobbyist(s)and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsors)
Commissioner Tanya K. Bhatt
Commissioner David Suarez
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