Ord. No. 01-09-1993ORDINANCE NO. 01 -09 -1993
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY AMENDING
LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO REMOVE THE
DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED USE
SCHEDULE SECTION 20- 3.3(1)) TO REMOVE SMALL RESTAURANT AS A SPECIAL
USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE CONDITIONS
SECTION 20- 3.4(B) IN ORDER TO REMOVE SUB - SECCTION (19) ENTITLED SMALL
RESTAURANT: PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES
IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Land Development Code (LDC) The Land Development Code currently
contains several categories of restaurants including general restaurant, small restaurant, accessory
restaurant, convenience restaurant, and walk up restaurant; and
WHEREAS, a small restaurant has special requirements which differentiate it from other
restaurant types those being that a small restaurant is defined as any restaurant smaller than 2000
sq.ft. and a small restaurant must be located within 200 feet of a public parking lot(facility); and
WHEREAS, The Planning Department on several occasions has observed that these
requirements have prevented small restaurants from locating in the Hometown District and other
areas of the City including the west side of S. Dixie Highway; and
WHEREAS, The LDC current regulation limiting location of small restaurants to the
Hometown District has had a negative affect on restaurants wanting to locate in other areas of the
City; and
WHEREAS, the Planning Department has prepared a proposed amendment which removes
from the Code the definition of a small restaurant, removes small restaurant as a special use in any
zoning district, and removes the special use requirements for small restaurants; and
WHEREAS, the Planning Board at its September 30, 2008 meeting, after public hearing,
adopted a motion by a vote of 4 ayes 2 nays recommending that the proposed amendment to the
Land Development Code be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 entitled "Definitions" of the Land Development Code is hereby
amended as follows:
Section 20 -23 Definitions.
_— — -
Ord. no. 01 -09 -1993
Section 2.
That Section
20 -3.3 (D) "Permitted
Use Schedule" is amended to delete small
restaurant as a
special use in
all zoning districts zone
as shown below.
Section 20 -3.3 (D) Permitted Use Schedule
M-WINU
Section 3 That Section 20- 3.4(B) "Special Requirements" of the Land Development Code is
hereby amended as follows:
Section 20- 3.4(B) Special Requirements
Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 5 If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 2� day of ;�,Lug,, 2009
ATTEST:
C?1kTY CLERKC� V
APPROVED:
ZONING
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Section 3 That Section 20- 3.4(B) "Special Requirements" of the Land Development Code is
hereby amended as follows:
Section 20- 3.4(B) Special Requirements
Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 5 If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 2� day of ;�,Lug,, 2009
ATTEST:
C?1kTY CLERKC� V
APPROVED:
Ord. No. 01 -09 -1993
I" Reading - 10/21/08
2nd Reading - 2/3/09
READ AND APPROVED AS TO FORM:
X: \Comm Items\2009\23- 09U.DC Amend Small rest Ord.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman
Commissioner Newman:
5 -0
Yea
Yea
Yea
Yea
Yea
South Miami
A I- AmaicaCb
CITY OF SOUTH MIAMI ,1 I I to'
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zoos
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford A. Youkilis AICP, Acting Planning Direct
olC`a
Date: February 3, 2009
ITEM No. �l
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO SMALL RESTAURANTS BY AMENDING LAND DEVELOPMENT CODE
SECTION 20 -23 IN ORDER TO REMOVE THE DEFINITION OF SMALL RESTAURANT;
AMENDING THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL
RESTAURANT AS A SPECIAL USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE
CONDITIONS SECTION 20- 3.4(B) IN ORDER TO REMOVE SUB - SECCTION (19) ENTITLED SMALL
RESTAURANT: PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE,
BACKGROUND
At a recent City Commission meeting there was discussion concerning the separate category for small restaurants
contained in the Land Development Code The Land Development Code currently contains several categories of
restaurants including general restaurant, small restaurant, accessory restaurant, convenience restaurant, and walk up
restaurant. All of these categories have different definitions, conditions, permitted locations and parking
requirements. The restaurants share one common condition in that all of them require special use approval.
A small restaurant, however, has special requirements as follows:
• a restaurant which is smaller than 2000 sq.ft.
• must be located within 200 feet of a public parking lot(facility)
The Planning Department on several occasions met with developers and restaurateurs who wanted to bring small
restaurants to the City and in the Hometown District However they were unable to proceed because of their
proposed location was beyond the 200 linear feet from a public parking facility. In addition there have been
proposals to create smaller size restaurants in other areas of the City including the west side of S. Dixie Highway,
however, not being located within 200 feet of a public parking facility nullified the proposal.
LEGISLATIVE HISTORY
The City Commission on July 23, 1991 adopted Ordinance No. 19-91-1484 (attached) which created the concept of
a small restaurant and set up the definition as being under 2000 square feet and within 200 feet of a municipal
parking lot. The express purpose of the amendment was to encourage location of small restaurants in the downtown
(see Whereas clauses) and to provide an incentive in the form of reduced required parking. Parking requirements
were reduced to 25% of the general restaurant requirement. That was later changed to a specific number, one space
for every 400 sq.ft.
STAFF OBSERVATION
The creation of a special type of restaurant based on size appears to be arbitrary. Smaller restaurants often generate
as much or more business than restaurants twice their size and can have a significant impact on the immediate area.
The City's current regulation limiting location of small restaurants to the Hometown District has had a negative
affect on restaurants wanting to locate in other areas of the City. The distinction between a small restaurant and
other restaurant types should be eliminated. This can be done by removing from the Code the definition of a small
restaurant, the removal of small restaurant as a special use in any zoning district, and the removal of the special use
pre - conditions for small restaurants.(see attached draft ordinance)
PLANNING BOARD ACTION
The Planning Board at its September 30, 2008 meeting conducted a public hearing on the proposed amendment and
adopted a motion by a vote of 4 ayes 2 nays (Ms. Young, Ms. Chael) recommending approval of the proposed
amendment.
The Planning Board also discussed a related staff observation that a future LDC amendment should consider re-
instating a parking reduction for any restaurant within a two block radius of a municipal parking facility. The
Planning Board then adopted a motion by a vote of 5 Ayes I Nay (Ms. Chael) to recommend to the City
Commission that any future change to the parking requirement for restaurants should not be pursued.
RECOMMENDATION
The subject ordinance was approved on first reading by the City Commission at its October 21, 2008 meeting. The
second reading of the item was subsequently deferred.
It is recommended that the proposed amendment as shown in attached draft ordinance be adopted
Attachments
Draft ordinance
Planning Department Staff Report 9 -30 -08
Planning Board Minutes 9 -30 -08
Ord. No. 19 -91 -1484
Sections 20 -2.3, 20- 3.3(D), 20- 3.4(B)(19)
Public Notices
SAY
X: \Comm items\2009\2- 3 -09TDC Amend Small Rest. CM Report.doc
To: Honorable Chair and
Planning Board Members
From: Ricardo Soto -LoPeZ MUP
Planning Director
Date: September 30, 2008
Re: LDC Amendment- Elimination
of Small Restaurant as a Use
PB- 08 -031
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY AMENDING LAND
DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO REMOVE THE DEFINITION OF
SMALL RESTAURANT; AMENDING THE PERMITTED USE SCHEDULE SECTION 20-
3.3(D) TO REMOVE SMALL RESTAURANT AS! A SPECIAL USE IN ALL ZONING
DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION 20- 3.4(B) IN ORDER TO
REMOVE SUB- SECCTION (19) ENTITLED SMALL RESTAURANT: PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
At a recent City Commission meeting there was discussion concerning the separate category for small
restaurants contained in the Land Development Code The Land Development Code currently contains
several categories of restaurants including general restaurant, small restaurant, accessory restaurant,
convenience restaurant, and walk up restaurant. All of these categories have different definitions,
conditions, permitted locations and parking requirements. The restaurants share one common condition
in that all of them require special use approval.
A small restaurant, however, has special requirements as follows:
® a restaurant which is smaller than 2000 sq.ft.
® must be located within 200 feet of a public parking lot(facility)
The Planning Department on several occasions met with developers and restaurateurs who wanted to
bring small restaurants to the City and in the Hometown District However they were unable to proceed
because of their proposed location was beyond the 200 linear feet from a public parking facility. In
addition there have been proposals to create smaller size restaurants in other areas of the City including
the west side of S. Dixie highway, however, not being located within 200 feet of a public parking
facility nullified the proposal.
LEGISLATIVE HISTORY
The City Commission on July 23, 1991 adopted Ordinance No. 19-91-1484 (attached) which created the
concept of a small restaurant and set up the definition as being under 2000 square feet and within 200
feet of a municipal parking lot. The express purpose of the amendment was to encourage location of
small restaurants in the downtown (see Whereas clauses) and to provide an incentive in the form of
reduced required parking. Parking requirements were reduced to 25% of the general restaurant
requirement. That was later changed to a specific number, one space for every 400 sq.ft.
LDC Anaendinent
September 2008
Page 2 of 3
STAFF OBSERVATIONS
(1) The creation of a special type of restaurant based on size appears to be arbitrary. Smaller
restaurants often generate as much or more business than restaurants twice their size and can
have a significant impact on the immediate area. The City's current regulation limiting location
of small restaurants to the Hometown District has had a negative affect on restaurants wanting to
locate in other areas of the City. The distinction between a small restaurant and other restaurant
types should be eliminated. This can be done by removing from the Code the definition of small
restaurants and the removal of small restaurant as a permitted use in any zoning district.
(2) The concept of reducing required parking for restaurant uses which are in the vicinity of off -
street public parking facilities is still valid and should be considered as an incentive to encourage
future restaurants to locate in the downtown area. The current parking requirement for all types
of restaurants (general, convenience and walk up) is one space for every 100 square feet of
restaurant floor area. An adjustment of the parking requirement to one space for every 150 feet
for restaurants within 600 feet (two blocks) of the City's two parking facilities would be an
incentive encouraging various types and sizes of restaurants to locate in the core area of the
downtown. This policy would require the initiation of separate LDIC amendment at a future date.
SPECIFIC LDC AMENDMENTS
In order to remove the small restaurants from the LDC the following three amendments must be made:
Section 20 -2.3 Definitions.
0
Seecfion 20 -3.3 Permitted Use Schedule
ZONING DISTRICT
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LDC Amendment
September 2008
Page 3 of 3
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RECOADIENDATION
It is recommended that the proposed amendments (A)(B)(C) as shown above be approved.
Attachments:
Ord. No. 19 -91 -1484
Sections 20 -2.3, 20- 3.3(D), 20- 3.4(B)(19)
Public Notices
RSUSAY
XAPBNB Agendas Staff Reports\2008 Agendas Staff Relmns\9- 30- 08\PB -08 -031 LDC Amend Small Rest.doc
PLANNING BOARD
Action SummarY Minutes
.J&J, 7,. A,, .: I ':111.;.
City Commission Chambers
0
1. Call to Order and the fledge of Allegiance to the Flag
AcfJon: The meeting was called to order at 7:35 P.M.
The Pledge of Allegiance was recited in unison.
Roll Call
Action: Chairman Morton requested a roll call. Board members present constituting a quorum:
Mr. Morton, Mr. Farfan, Mr. Cruz, Mr. Comendeiro, Ms. Young, and Ms. Chael.
Absent: Ms. Yates.
City staff present: Luis Figueredo (City Attorney), Sanford A. Youkilis (Consultant), and Lluvia
Resendiz (Zoning Tech). Absent: Ricardo Soto - Lopez, (Planning Director).
ADMINISTRATIVE MATTERS: Mr. Youkilis advised that Mr. Soto -Lopez was not able to
attend the meeting due to a family emergency. He also advised that Mr. Proctor, attorney
representing South Miami Corporation's project located at 5750 SW 72 Street, submitted a letter
requesting that the Board hold a special hearing to consider the Bank's First on Sunset project.
Mr. Proctor thanked the Board for providing him the opportunity to submit the special request. He
advised that the request was do to the fact that there was a scheduling problem with the team
working on the project: Fourteen stakeholders will be coming from out of state and it has been a
difficult task to have all fourteen in South Miami at the meeting of October 28, 2008. The
stakeholders are anxious to get the project moving forward and therefore are requesting a special
meeting date on either October 22 or 23, 2008 instead of waiting until the regular Planning Board
meeting of October 28, 2008. Mr. Procter added that the advantage of holding a special meeting
will allow more time considering the size of the project and the fact that a lengthily presentation
will be provided.
Motion: Ms. Young moved to deny the applicant's request that the Planning Board change its
regular scheduled meeting of October 28, 2008 for an earlier date. Mr. Farfan seconded.
Vote: 5 Ayes 1 Nay (Mr. Comendeiro)
Planning Board Applications/Public Hearing
PB -08 -031
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY AMENDING
LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO REMOVE THE
DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED USE
,SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL RESTAURANT AS A SPECIAL
Planning Board Meeting
September 30, 2008
Page 2of5
USE IN ALL ZONING DISTRICTS; AATENI➢ING SPECIAL USE CONDITIONS
SECTION 20-3.4(B) IN ORDER TO REMOVE SUB- SECCTION (19) ENTITLED SMALL
RESTAURANT: PROVIDING FOR SEVERABIi.ITY; PROVIDING FOR ORDINANCES
IN CONFLICT; AND PROVIDING AN EFFECTIVE BATE.
Mr. Morton read the item into the record.
Action: Mr. Youkilis advised that at a recent City Commission meeting there was discussion
concerning the separate category for small restaurants contained in the Land Development Code
(LDC) The LDC currently contains several categories of restaurants including general restaurant,
small restaurant, accessory restaurant, convenience restaurant, and walk up restaurant. All of these
categories have different definitions, conditions, permitted locations and parking requirements. The
restaurants share one common condition in that all of them require special use approval. A small
restaurant, however, has special requirements that in order to be considered a small restaurant the
location must be, smaller than 2000 square feet and the location must be within 200 feet of a public
parking facility.
The Planning Department on several occasions met with developers and restaurateurs who wanted
to bring small restaurants into the Hometown District but were unable to proceed because the
location was not within the 200 linear feet from a public parking facility. In addition there have
been proposals to create smaller size restaurants in other areas of the City including the west side of
S. Dixie Highway and because the location was not within 200 feet of a public parking facility they
too were tamed down. The City's current regulation limiting location of small restaurants to the
Hometown District has had a negative affect on restaurants wanting to locate in other areas of the
City. It is staff's observation that smaller restaurants often generate as much or even more business
than restaurants twice their size and can have a significant impact on the immediate area. It was
staff's recommendation that the distinction between a small restaurant and other restaurant types
should be eliminated. The amendment to correct this problem is to remove from the Code the
definition of small restaurants and the removal of small restaurant as a permitted use in any zoning
district.
The concept of reducing required parking for restaurant uses which are in the vicinity of off -street
public parking facilities is still valid and should be considered as an incentive to encourage future
restaurants to locate in the downtown area. The current parking requirement for all types of
restaurants (general, convenience and walk up) is one space for every 100 square feet of restaurant
floor area. A possible adjustment of the parking requirement to one space for every 150 feet for
restaurants within 600 feet (two blocks) of the City's two parking facilities would be an incentive
encouraging various types and sizes of restaurants to locate in the core area of the downtown. This
policy would require the initiation of a separate LDC amendment at a future date.
Mr. Morton questioned if the parking bonuses will be eliminated. Mr. Youkilis replied that the
bonuses will be removed for those businesses that are not within a 600 foot radius of a city parking
facility. Only those businesses that are within the 600 radius will be able to take advantage of
reduced parking. Mr. Youkilis further added that the LDC requires that all restaurants provide one
space for every 100 square feet of gross area. What is being presented for discussion only is the
adjustment of requiring one space for every 150 square feet for any restaurant within the 600 feet
radius of a city parking facility. Mr. Morton then questioned if an applicant will be grandfathered
into the parking regulations of 1/150 at the time of their certificate of use renewal. Mr. Figueredo
replied that under the existing parking regulations the applicant would have already met the
requirements of 1 /100 and therefore the proposed parking requirement regulations will not be make
Plarming Board Fleeting
September 30, 2008
Page 3 of 5
a difference otherwise. Mr. Figueredo reminded the Board that the issue before them was not
related to the parking requirement amendment. He stated that the staff observations No.1 and No.2
are only discussion items for future consideration. He advised that staff would have to prepare a
separate amendment to be discussed with the Planning Board and the Parking Board at a future
date.
Mr. Cruz stated that he was not against providing incentives for small restaurants. However, he did
not believe that the incentives should be for parking requirements. Currently there is a parking
problem and giving these incentives will make it worse. Ms. Young questioned if staff observation
No.2 could be removed and Mr. Youkilis advised that No.2 cannot be removed because it is
already a public record. Mr. Youkilis advised that item's No.1 and No.2 were only staffs
observations and not a part of the text amendment.
Ms. Chael stated that removing the parking incentives might be worse for small restaurants
especially when considering the intent as to why the removal was included. Mr. Youkilis advised
that many restaurants have been proposed however because of the 200 foot radius they have not
been able to move into the downtown. At this point the recommendation is to simply remove the
definition of a small restaurant and we will consider the parking requirement amendment at a later
date.
Ms. Chael questioned if the square footage is calculated on gross or net area. She stated that it
should be calculated by net area. Mr. Youkilis replied that the square footage has to be counted by
the gross square footage area because that is the only way it could be measured. Otherwise, the
Planning Department staff has no way of preventing that applicants will later increase their square
footage once they obtain approval for a special use. Mr. Cruz advised that there is no City in the
State of Florida that measures the net area therefore why should South Miami be the exception. Ms.
Young questioned if the removal of the small restaurant limitations definition will encourage small
restaurants.
Chairman Morton opened the Public Hearing.
Name Address Position
Sharon McCain Favors
Ms. McCain stated that all the residents living a block away for the downtown has had to deal with
the parking issues. The neighborhoods have ended up having to deal with beer bottles and garbage
on a continuous basis and for that matter residential parking had to be initiated. The reason
however why this text amendment is before the Board is because there was a small restaurant
applicant that whose requirements were one parking space for 400 square feet. She pointed out that
the problem was that they were only required to have five spaces for the 150 seats they are
proposing to have. Ms. McCain expressed that she believed that the removal of this type of
restaurant is temporary. There was also a concern that other restaurants in the Hometown District
within a 600 feet radius could use South Miami Parking garage for a reduction in parking. She
stated that she is in favor of the small restaurant definition removal if it will require all restaurants
to provide one space for 100 square feet of gross area. However if the removal has anything to do
with contract zoning in the City's garage then she disagrees with the removal of the definition. The
garage was not built to provide monthly contracts for restaurants and other retail business in the
downtown rather it is for patrons to use. She recommended that a study be performed to evaluate as
to whether or not the parking spaces are being used more than once. Ms. McCain requested that
the minutes reflect that the majority of the Board members agree that No.2 under staffs
observations should be removed.
Chairman Morton closed the Public Hearing.
Plamiing Board Meeting
September 30, 2008
Page 4 of 5
Mr. Youkilis stated that the report issued to the Planning Board will be forwarded to the City
Commission along with the Board's recommendation that staff observation No.2 should be
removed. He stated that No.2 will not be attached as part of the City Manager's cover report to the
City Commission, Mr. Cruz questioned if the report can be modified so that the Commissioners are
aware that the Board does not want No.2 as an amendment to the Code. He then stated that the
Board may have two separate motions and staff will include the Board's recommendations in the
transmission to the City Commission and will also be reflected in the Planning Board minutes. Mr.
Youkilis advised that the second motion could say that the Planning Board also felt that any future
change the parking requirement for future restaurants should not be pursued.
Ms. Chael stated that based on the' comments from the Board it appears that the Board has
forgotten that the discussion is about the downtown. She advised Ms. McCain that she
acknowledges that the spaces are being used continuously and that is what South Miami should
strive for a mixed of uses. Ms. Chael reiterated in saying that keeping restaurants to the same
standards is not saying that we are promoting what South Miami downtown really is. Ms. McCain
corrected the statement in that there are spaces in the garage that cannot be used over and over
again because of monthly leases.
Mr. Comendeiro stated that the determinant of the types of business that will make the downtown
thrive was the market. Although people say they do not want more restaurants if 100 restaurants
want to come into the downtown and meet all the regulations as required by the LDC even parking,
then they should be allowed. The concept that we do not need more restaurants is simply an
opinion. If restaurants thrive in the downtown then restaurants are needed and if they are not
needed then they will close.
Mr. Morton replied that what people are looking for is a diversification of businesses. Mr. Morton
questioned if outdoor seating requires additional parking. Mr. Youkilis replied in the negative. The
City Commission did not adopt that proposal. Mr. Morton then stated that it should be something to
reconsider. Mr. Figueredo stated that the City Commission removed the recommendation made by
the Planning Board regarding required parking for outdoor seating. Mr. Figueredo stated that the
Commissioners believed that the parking fee in addition to the per seat fee would be a burdensome
amount to impose on the businesses and therefore they elected not to require fees for additional
parking.
Motion: Mr. Farfan moved to approve the text amendment as presented by staff. Mr. Comendeiro
seconded.
Vote: 4 Ayes 2 Nays (Ms. Chael and Ms. Young)
Motion: Mr: Comendeiro moved to forward to the City Commission that the Planning Board felt
that any future change to the parking requirement for fixture restaurants should not be pursued. Mr.
Cruz seconded.
Vote: 5 Ayes 1 Nay (Ms. Chael)
Ms. Young questioned if there was a regulation indicating that a parking related issue must go to
the Parking Board before it is discussed by the Planning Board. Mr. Figueredo responded that there
is no rule indicating that it must go to one Board versus another first. He advised that both Boards
are advisory Boards and the City Commission wants the comments of both Boards.
Mr. Cruz questioned if there was a way to bring up an outdoor seating issue. Mr. Youkilis replied
Planning Board Meeting
September 30, 2008
Page 5 of 5
that the Board has the authority to initiate a text amendment however he advised that unless the
City Commission requests that the Board reconsider the outdoor seating ordinance the Board
should really not initiate the process. Staff is currently working on implementing the amended
ordinance. Mr. Figueredo advised that the City Commission has created the LDC Review Task
Force and is in the process of appointing members. The purpose of the Task Force is to revamp the
LDC and there will be an opportunity to initiate many changes.
VI. Approval of M.nutes.
Action: Mr. Cruz moved to approve the minutes of September 15, 2008 and Mr. Farfan seconded.
Vote: 6 Ayes 0 Nays
VH. Next Meeting
Action: Staff advised that the next meeting will be held on Tuesday, October 28, 2008.
VM. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the meeting at
8:30 P.M.
X:\PBTB Minutes\2008 Minutes \Sept 30\PB- Min- 09- 30- 08.doc
ORDINANCE NO. 19 -91 -1484
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF
"SMALL RESTAURANT" IN SECTION 2D -2.3; PROVIDING FOR
SMALL RESTAURANTS UNDER SECTION 20 -3.3 (D) OF THE
PERMITTED USE SCHEDULE AS SPECIAL USES IN SR
DISTRICTS; PROVIDING FOR SPECIAL USE REQUIREMENTS
UNDER SECTION 20 -3.4 (B) BY ADDING A NEW SUBDIVISION
(19), FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for, inter alia,
oarkina reauirements for restaurants within the specialty retail
"SR" district; and
WHEREAS, the SR district oresently has the laroest
municipal oarkina lot in the City of South Miami, as well as
extensive on- street oarkina and off - street oarkina which can be
leased on a month to month basis; and
I WHEREAS, the Mayor and City, Commission believe the location
of, small restaurants in the SR district will promote the goals
and objectives of a comprehensive master plan, to -wit: open
space, landscaping, use of small scale structures and pedestrian
aenerated retail and restaurant activity; and
WHEREAS,
the Mavor
and City
Commission
therefore wish to
amend the Land
DeveloDment
Code to
provide fox
reduced parking
requirements for
small restaurants
FLORIDA:
within the
SR district upon
compliance with
special use
conditions;
NOW,
THEREFORE,
BE
IT ORDAINED
BY THE MAYOR
AND
THE
CITY
COMMISSION
OF THE CITY
OF
SOUTH MIAMI,
FLORIDA:
Section 1. 1 That Section 2D -2.3 DEFINITIONS be, and hereby
is, amended as follows:
SMALL RESTAURANT. Shall mean a restaurant as defined in this
Code which contains no more than 2,000 gross square feet.
Section" 2. Section 20 -3.3 (D) be, and hereby is, amended
to include the following additional use:
C p
ZONING DISTRICTS a A
IQ R
R L M Ia S G I H D K
p O O R R R 5 G
Small Restaurant 5 19 11
Section 3. Section 20 -3.4 of the Land Development Code be,
and the same is, hereby amended to add the following subsection
19:
(19) SMALL RESTAURANT
a. small restaurants must be located within 200 linear
feet of a municioal narking lot.
b. The on -site parking on small restaurant premises must be
used for customers only; employees and management must
Dark in off -site parking.
c. On -site narking must satisfy 25% of Land Development
Code requirements.
i
d. Small restaurants ma _y only serve alcoholic beverages to
any given oatron in combination with food both oreoared and
served on the premises.
Section 9. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of comoetent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 5. All Ordinances or Darts, of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section
6.
This Ordinance
shall
take
effect
immediately at
the
time of
its
passage.
PASSED AND ADOPTED this 23th day of July , 1991.
APPROVED:
n
MAYOR
ATTEST. AI n
C1T CL Yy
READ AND APPROVED AS TO FORM:
CITY �ATTORNEY
20 -2.3 SOUTH ML4MI LAND DEVELOPMENT CODE
principal method of operation consists of a small specialty restaurant having floor area
exclusively within an office center, sharing common parking facilities with other businesses
within the office center, and having access to a common, interior pedestrian and delivery
service, but excludes any service to a customer in a motor vebicle. Seating must be provided for
all patrons and signage outside the center is prohibited. (Ord. No. 26- 91- 1491 -A, 11- 19 -91)
Restaurant, convenience. Shall mean an establishment where the principal business is the
sale of food and beverages to the customer in a ready -to- consume state and where the design
or principal method of operation is that of a fast -food or drive -in restaurant offering quick food
service, where orders are generally not taken at the customer's table, where food is generally
served in disposable wrapping or containers, and where food and beverages may be served
directly to the customer in a motor vehicle. This use may include delivery service with City
Commission approval. (Ord. No. 26 -9171491 -A, 11- 19 -91)
✓ Restaurant, general. Shall mean an ;establishment where the principal business is the sale
' in a ready -to- consume state and where the design or
of food and beverages to the customer
principal method of operation consistslof either of the following:
Sit -down restaurants where customers are normally provided with an individual menu and
food and beverages are generally served in non - disposable containers by a restaurant
employee at the same table or counter at which said items are consumed; or
Cafeteria -type restaurants where food and beverages are generally served in non - disposable
containers and consumed on the premises. All such cafeteria -type establishments shall
provide only inside or patio service on private property.
Catering service shall be allowed as an additional use in the SR zoning district.
In either the case of sit -down or cafeteria -type restaurants, public streets, rights -of -way, and
sidewalks may not be used for patio or street -side services of any kind. This use may include
takeout service, but exclude any service to a customer in a motor vehicle. Seating must be
provided for all patrons dining on the premises. (Ord. No. 26 -91- 1591 -A, 11- 19 -91)
Restaurant, walk -up. Shall mean an establishment where the principal business is the sale
of food and beverage to the customer in a ready -to- consume state and where the design or
principal method of operation is that of a storefront restaurant offering quick food service to
pedestrian where orders are taken at a counter, where food is generally served in disposable
,*rapping or containers, and where food and beverages may be carried out or consumed at
tables in a patio area on private property. This use excludes any service to a customer in a
motor vehicle, but may include delivery service with City Commission approval. (Ord. No.
26 -91- 1491 -A, 11- 19 -91)
Right -of -way line. Shall mean the outside boundaries of a street right -of -way, whether such
right -of -way is established by dedication or by official map.
Rights -of -way, official. Shall mean the desinonated planned right -of -way width of all arterial
and collector streets as established by the city's adopted Comprehensive Plan.
DEFINITIONS 20 -23
Room. Shall mean any compartment in any budding, including parlors, dining rooms,
kitchens, offices, stores, sample rooms, living rooms, but not including halls, bathrooms,
closets, pantries, storage equipment rooms and cabanas.
Rooming unit. Shall mean any room or group of rooms forming a single habitable unit used
or intended to be used for living or sleeping, but not for cooking or eating purposes.
Rubbish. Shall mean all combustible and noncombustible waste, except garbage.
School. Shall mean institutions of general education offering kindergarten through 12th
grade education or some substantial portion thereof.
Screen enclosure. Shall mean a frame of metal, wood or other approved structural material
supporting no roof or walls, only approved insect screening, which possesses at least fifty (50)
percent open area per square inch.
Service station. Shall mean any building, structure or land used for the sale of vehicle fuels,
oils or accessories, or for the servicing or repairing of minor parts and accessories, but not
including major repair work such as motor replacement, body repair or painting and excluding
public garages.
Setback. Shall mean the horizontal distance between a building and the street right -of -way
line or a side or rear property line.
Shopping center. Shall mean a group of commercial establishments planned, constructed
and managed as a total entity with (1) customer and employee parking provided on -site, (2)
provision for goods delivery separated from customer access, (3) aesthetic considerations and
(4) protection for patrons from the elements, (Ord. No. 35 -92 -1529, 12- 15 -92)
Shrubs and hedges. Shall mean self - supporting, woody, evergreen species of a minimum
height of two (2) feet, except as otherwise required herein, when measured immediately after
Planting. Hedges, where required, shall be planted and maintained so as to form a continuous
solid visual screen within a maximum of one (1) year after time of planting. Spacing of plants
Shall be no more than two and one -half (2.5) to three (3) feet on center, depending on species.
Site plan. Shall mean a drawing illustrating a proposed development and prepared in
accordance with the specifications of this Code.
Small restaurant. Shall mean a restaurant as defined in this Code which contains no more
than two thousand (2,000) gross square feet. (Ord. No. 19 -91 -1484, 7- 23 -91)
Story. Shall mean that portion of a building, other than a basement or mezzanine, included
between the surface of any floor and the surface of the floor next above it; or, if there be no floor
next above it, then the space between such floor and the ceiling next above it.
Street. Shall mean a public roadway which affords the principal means of access to abutting
properties.
ZONING REGULATIONS 20 -3.3
Suvo. No. 7. Revision 33
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20-3.3
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ZONING REGULATIONS 20 -3.4
special use permit, as provided herein, shall only be granted if the city commis-
sion affirmatively finds, in its discretion, that the application meets the criteria
(a) through 0) listed above and further affirmatively finds that the application
preserves and enhances, to the maximum extent possible, based upon the merits
of the landscaping and architectural plans submitted, the residential character of
the RO property as it relates to the surrounding neighborhood. In the making of
the above finding, the city commission may consider, among other evidence
presented, the testimony of affected neighboring property owners.
(16) ACCESSORY RETAILAND SERVICE USES. Within any permitted principal building
in LO or MO districts, accessory retail or service uses may be permitted provided that:
(a) Such uses are located entirely within the principal building for the convenience
of the occupants of or visitors to the principal use;
(b) Such uses do not occupy more than ten (10) percent of the gross floor area of the
principal building in which located; and
(e) Such uses shall not have any signs or advertising visible from outside the
principal building.
(17) RESIDENTIAL USES WITHIN RESIDENTIAL OFFICE DISTRICTS. Within any
Residential Office "RO" district, single - family residential uses shall be permitted
subject to the dimensional requirements of the RS -4 Single- Family Residential
district.
(18) ACCESSORY MEDICAL SERVICES
(a) Facilities may be permitted only in conjunction with an approved hospital use
and located on hospital premises.
(b) Facilities may be provided in the form of a -trailer unit which is periodically
located for a specified length of time as determined by the city commission on an
approved site and conforms to all applicable codes.
(c) Only one trailer unit may be permitted per each approved, specially permitted
hospital use.
(d) Only those services that are not already provided by the hospital facility and
which is for the sole use of the hospital staff and patients may be permitted.
(e) No vehicular ingress nor egress shall be permitted along streets or rights -of -way
bordering residential zoning districts in the City of South Miami.
(f) The city commission shall review and recommend approval, disapproval or
modification of all site plans and project specifications, including but not limited
to, traffic circulation, landscaping, facility placement, access and facility arrange-
ment for this special use permit.
V (lg) SMALL RESTAURANT
(a) Small restaurants must be located within two hundred (200) linear feet of a
municipal parking lot.
Supp - No. 7
47
20 -3.4 SOUTH MIAMI LAND DEVELOPMENT CODE
(b) The on -site parking on small restaurant premises must be used for customers
only; employees and management must park in off -site parking.
(c) Required parking must be on -site.
(d) Small restaurants may only serve alcoholic beverages to any given patron in
combination with food both prepared and served on the premises.
(20) MOBILE AUTOMOBILE WASH/WAX SERVICE
(a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m: on Monday
through Saturday only. No mobile service vendor shall station itself upon any
public street or right -of -way. Neither shall any mobile service vendor station
itself upon any private property except with the express permission of the owner
thereof and in a manner, which does not impede the flow of traffic in public
streets or rights -of -way nor block pedestrian access to public streets or rights -of-
way. No mobile service vendor shall station itself within one hundred (100) feet of
a residential zoning district; however, this restriction shall not apply to mobile
carwash vendors operating in residential districts and servicing the primary
residents.
(b) All mobile service vendors must provide for their own trash and garbage removal
such that no trash or garbage remains on the premises upon which the vending
was conducted.
(c) No property owner may permit mobile carwash services to operate on their
property for longer than two (2) hours, or operate on site more than two (2) times
per week.
(d) No signage, other than normal commercial graphics painted upon the actual
mobile service vehicle, shall be permitted, except as provided for in (e) below.
(e) With special use approval, exception to (c) above may be made for mobile service
vendors who are stationed within approved parking structures. No exterior
signage visible from a public street shall be permitted for locations within
parking structures.
(f) Mobile service vendors must operate from four -wheel motorized vehicles regis-
tered in the State of Florida.
(e) No steam - cleaning, solvents, and/or degreasers may be used -
(f) No run -off into catch basins is permitted.
(g) If soap is used, any run -off must be negligible and contained on private property.
(21) ANIMAL HOSPITAL/VETERINARIAN
(a) All such uses shall be located within a fully enclosed, air - conditioned, soundproof
structure.
(b) There shall be no overnight boarding of animals except for medical purposes.
Supp. No. 7 48
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING
NOVEMBER 6, 2008
in the XXXX Court,
was published in said newspaper in the issues of
10/24/2008
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper,
Sworn to and subscribed before e this
24 day of OCTOBER� =' , A.D. 2008
(SEAL)
V. PEREZ personally known to me
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t'f' 'prpi cintory p-ulAic State of Fronds
'i 3 Citsryi i-0 Ad5mn
Pursuant.to Florida 5 }atutes 286.ot OS, the City hereby 'advlsea the
public.that`tj p person decides, to appeal any decision made' by:this
Board, Rgegoy or. mmjssrooayith respect to any matter considereg'at
its meeting or hestQngr he or she will .nee
d a record of the,prpceedfngs,
and tha`t`.fb� such' purpose aflected,psrson may need to.onsure that.a
verbatimreco(d'of'the prdceedings is on which record includes the
fesLmony and evldenc&ripon which the,appeai lstb be based ...,�.
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305.772.5095 CELL
AVIGNON IN T14E.GABLFS
2401 Anderson Road Unit 2
Gorgeous 1,775st
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)ROD $l Private terrace.
Fully upgraded!
$849.1)00
1140 Son Pedro Ave
I W' on the war ell
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$2,495.000
HAMMOCK TAKE
4995 Hammock Lake Drive
Special lakefront core.
Cuslom bvild ywr
dream homel
$3.495,000
305.772.5095 CELL
305.666.6802 DIRECT
ety¢e @aysemeszingeccom
ryprrvyRei"!r5
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Nw5lirg Nse hamaktb hk. +klaer J.rn Trk hTrnN 11cJ1,.�11•e.et -
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CITY OF SOUTH MIAMI i
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NOTICE TO THE PUBLIC I
I for $30 at the
EDUCATION
month. Slices ' UP w aye Z. ,-eew,o ♦nu-
Ned teachers, Spanish classes, A
my: 15130 SW Beka curriculum, computer
386 -0800, access, before and after- school
inival:Youcan Programs and Internet cameras,
rides bracelet accessible from anywhere. for
rnival. In addi- Parents to watch their kids in
R a live DJ, fun class. Ongoing registration, lise-
I booths and Ited enrollment, school visits
. to 5 P.M. Sat-
available, free Voluntary Pre -K
(VPK) for 4- year -olds accepted.
'.Ian Academy: Locations include 6445 Sunset
)dons for the Dr., Kendall; 9025 Sunset Dr.,
pl year. Before- Kendall; 1101 SW 12th Ave..
camprograms Miami; and 7450 W. Fourth
aR ed by the Ave., Hialeah. 305- 596.3383 or
On of Christian smartstartstlayzchool.<om.
ioois(FACCS). Somerset Academy Charter
ssodadon of School: Accepting applications
:hoofs (SACS) for the 2OD &2009 school year.
'.ion on (SACS) Offers low student- to-teacher
rams- regional ratio, full -time teacher assis-
CITA). Offers trots, FCAT tutoring, before -
rlabandotner and after - school care programs
SW 134th Ave., and multiage learning envirom
25] -3644 or merit; 18491 SW 134th Ave.,
- South Miami -Dade.
nog.
ning Center: 305- 969 -6074.
Ions for enroll- Southwood Middle School's
n between the Visual and Performing Arts
a and 5 years. Magnet Program: offers tours
structured by every Monday by appointment
is lum. Also only, Call 305 -2S1 -5361 ext.
c i care for 2309 to schedule a tour:
hiidren and through Jan. 163015W 80th
ry, Pre- K(VPK) Ave. Southwest Miami -Dade.
lopment Ser- 305 - 251.536;.
'050 HE Eighth SC Matthew's cooperative
SOS -246 -5437. School: Accepting registration
Ian Academy: for the 2008 -2009 school year.
C Open House Co -op program with a codified
n. every Tues- teacher and parental participa.
r by request. tion In the educational program.
sports and Designed for kids 3 -5 years old.
Id Dixie Hwy., Small classroom environment.
,0194 Enrolling for Voluntary Pre -K
Rmic School: program( VPK); 7410 Sunset DC.
Of for pre -k South Miami. 305- 661 -1287,
Grade: 300 SE St. Paul Lutheran School: Open
Homestead, enrollment for pre -K through
eighth grade. Offering a phonics
)need Studies based reading curriculum for
and 12th grade preschool and elementary stu-
high school dents and an integrated student
(endati, North centered curriculum for middle
1pwea of Miami school. Extra curricular activi-
idemts can take ties include sports, karate, gym-
1 college -level nastics and French; 10700 SW
56th St, South Miami.
oilege Kendall 305 -27) -3109 of wwwstpaui-
;W 104th St lummanschooLorg.
I, Kentlall. St. Philip's Episcopal Church:
1142 Coral Way, Coral Gables.
:allege Home. 305- 444 -6176.
)0 College Ter., • Admission Open Houses are
237 -0510, on Dec. 3 and Jan. 14. All ses -
Ilege North slops will beat10a.m. The aca-
1380 NW 27th demic program at the school is
North Miami. caproated to character devel-
opment for nursery through
allege Wolfson sixth grade students.
a
E.W.F. Stirrup Elementary:
v Second 5C,
'270 Accepts application for the
r27 Childhood math- science - aerospace mag-
ter: Open net program for the 2008 -2009
:hildren 5 and school year, Students should be
D a.m: 6 p.m., entering fourth or fifth grade;
.,
Homestead. 330 NW 97th Ave., Sweetwater.
305. 226 -0001.
month. Slices ' UP w aye Z. ,-eew,o ♦nu-
Ned teachers, Spanish classes, A
my: 15130 SW Beka curriculum, computer
386 -0800, access, before and after- school
inival:Youcan Programs and Internet cameras,
rides bracelet accessible from anywhere. for
rnival. In addi- Parents to watch their kids in
R a live DJ, fun class. Ongoing registration, lise-
I booths and Ited enrollment, school visits
. to 5 P.M. Sat-
available, free Voluntary Pre -K
(VPK) for 4- year -olds accepted.
'.Ian Academy: Locations include 6445 Sunset
)dons for the Dr., Kendall; 9025 Sunset Dr.,
pl year. Before- Kendall; 1101 SW 12th Ave..
camprograms Miami; and 7450 W. Fourth
aR ed by the Ave., Hialeah. 305- 596.3383 or
On of Christian smartstartstlayzchool.<om.
ioois(FACCS). Somerset Academy Charter
ssodadon of School: Accepting applications
:hoofs (SACS) for the 2OD &2009 school year.
'.ion on (SACS) Offers low student- to-teacher
rams- regional ratio, full -time teacher assis-
CITA). Offers trots, FCAT tutoring, before -
rlabandotner and after - school care programs
SW 134th Ave., and multiage learning envirom
25] -3644 or merit; 18491 SW 134th Ave.,
- South Miami -Dade.
nog.
ning Center: 305- 969 -6074.
Ions for enroll- Southwood Middle School's
n between the Visual and Performing Arts
a and 5 years. Magnet Program: offers tours
structured by every Monday by appointment
is lum. Also only, Call 305 -2S1 -5361 ext.
c i care for 2309 to schedule a tour:
hiidren and through Jan. 163015W 80th
ry, Pre- K(VPK) Ave. Southwest Miami -Dade.
lopment Ser- 305 - 251.536;.
'050 HE Eighth SC Matthew's cooperative
SOS -246 -5437. School: Accepting registration
Ian Academy: for the 2008 -2009 school year.
C Open House Co -op program with a codified
n. every Tues- teacher and parental participa.
r by request. tion In the educational program.
sports and Designed for kids 3 -5 years old.
Id Dixie Hwy., Small classroom environment.
,0194 Enrolling for Voluntary Pre -K
Rmic School: program( VPK); 7410 Sunset DC.
Of for pre -k South Miami. 305- 661 -1287,
Grade: 300 SE St. Paul Lutheran School: Open
Homestead, enrollment for pre -K through
eighth grade. Offering a phonics
)need Studies based reading curriculum for
and 12th grade preschool and elementary stu-
high school dents and an integrated student
(endati, North centered curriculum for middle
1pwea of Miami school. Extra curricular activi-
idemts can take ties include sports, karate, gym-
1 college -level nastics and French; 10700 SW
56th St, South Miami.
oilege Kendall 305 -27) -3109 of wwwstpaui-
;W 104th St lummanschooLorg.
I, Kentlall. St. Philip's Episcopal Church:
1142 Coral Way, Coral Gables.
:allege Home. 305- 444 -6176.
)0 College Ter., • Admission Open Houses are
237 -0510, on Dec. 3 and Jan. 14. All ses -
Ilege North slops will beat10a.m. The aca-
1380 NW 27th demic program at the school is
North Miami. caproated to character devel-
opment for nursery through
allege Wolfson sixth grade students.
a
E.W.F. Stirrup Elementary:
v Second 5C,
'270 Accepts application for the
r27 Childhood math- science - aerospace mag-
ter: Open net program for the 2008 -2009
:hildren 5 and school year, Students should be
D a.m: 6 p.m., entering fourth or fifth grade;
.,
Homestead. 330 NW 97th Ave., Sweetwater.
305. 226 -0001.
South Miami
CITY OF •
OFFICE OF
INTER-OFFICE MEMORANDUM „
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager�3
From: Sanford A. Youkilis, Acting Planning Director
Date: November 18, 2008
ITEM No.
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20- 3.3(D)
PERMITTED USE SCHEDULE TO MAKE MOBILE AUTOMOBILE WASH/WAX SERVICE A
PERMITTED USE IN ALL USE DISTRICTS IN WINCH IT IS CURRENTLY LISTED AS A SPECIAL
USE; BY DELETING SECTION 20- 3.4(B)(20) SPECIAL REQUIREMENTS FOR MOBILE
AUTOMOMOBILE WASH/WAX SERVICE; BY CREATING SECTION 20- 3.6(t) TO BE ENTITLED
"SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASH /WAX SERVICE ";
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE
BACKGROUND
The Mayor recently requested the Planning Department to re- evaluate the Land Development Code regulations
currently applicable to mobile automobile wash/wax service. A number of small business persons have approached
the Mayor advising that the current regulations governing mobile automobile wash /wax services were very
restrictive and actually discourages the location of this type of service in the City.
CURRENT REGULATIONS
The LDC permits a mobile automobile wash /wax service as "S" special uses in all office, retail, TODD, and
Hospital zoning districts. Each proposed use must be approved via the special use process, requiring public
hearings before the Planning Board and City Commission. In addition, Section 20 -3.4 (20) (attached) sets forth a
number of pre - conditions which a proposed mobile automobile wash /wax service must adhere to.
LEGISLATIVE HISTORY
The City Commission on May 7, 1991 adopted Ordinance No. 15 -91 -1480 (attached) permitting for the first time,
automobile wash /wax services as a Special Use in the LO,MO,NR, GR, I (Todd) and H zoning districts. Most of
the pre- conditions in effect now were also established. In 2001 this section of the Code was examined again and
additional pre - conditions were added, mobile automobile wash/wax services could locate in RO and SR districts,
and mobile automobile wash /wax services were allowed in parking garages as a permanent location. This was
adopted by the City Commission on October 2, 2001 (Ord. No.21 -01- 1752). In December of 2001 a mobile
automobile wash /wax service in the SR Hometown District, specifically at the Shops Parking Garage was approved
by Resolution No. 198-01-11346. This is only mobile automobile wash /wax service on record ever approved in the
City.
STAFF OBSERVATIONS
(1) The requirement that each mobile automobile wash /wax service must be approved by a special use process is
impractical and overly restrictive, which is evident by the fact that there are no mobile automobile wash /wax
services legally allowed in the City at present. A mobile automobile wash /wax service under special use approval
2
can only operate within the allowable zoning district which was approved for. This actually conflicts with the
concept that this use is to be mobile. A mobile automobile wash/wax service should become a "P" permitted use in
all of the same commercial zoning districts where it is currently allowed as a special use.
(2) As special use a mobile automobile wash/wax service is currently subject to very restrictive requirements in
Section 20 -3.4 (20) which are pre -set special use conditions. These include:
• Limitation on hours of operation;
C Can only operate on private property;
O Must have private property owners permission to operate;
Can not operate within 100 feet of a residential zoning district;
Can not operate on any one site for more than 2 hours and no more than two times per week;
(exception is allowed for operating in parking garages)
o No signage, no steam - cleaning, no solvents or degreases.
The restrictions as written protect nearby properties from any adverse impact caused by the mobile automobile
wash/wax service. The restrictions should be continued as being applicable to any mobile automobile wash/wax
service which would be allowed as a permitted use. This can be done by relocating these restrictions to another
section of the LDC which would be Section 20- 3.6(V) to be entitled "Special requirements for mobile automobile
wash/wax service". These restrictions would have to be followed by the any mobile automobile wash/wax service
which receives an occupational license.
(3) If it is the City's objective to allow this type of small business as a convenience to citizens using commercial
areas, two amendments to the LDC as shown below are required.
SPECIFIC LDC AMENDMENTS
In order to change the mobile automobile wash/wax s4
amendment to the Permitted Use Schedule must be made;
the Code (see attached draft ordinance).
rvice from a Special
Use to a
"P"
Permitted Use
an
and the pre- conditions
relocated
into
another section
of
PLANNING BOARD ACTION
The Planning Board at its October 28, 2008 meeting conducted a public hearing on the proposed amendment and
then failed to adopt a motion to approve the proposed amendment by a vote a vote of 2 ayes (Mr. Farfan, Ms,
Chael) 4 nays.
RECOMMENDATION
It is recommended that the proposed amendment as shown in attached draft ordinance be approved on first reading.
Attachments
Draft ordinance
Location Map: Districts that allow Mobile Wash
Planning Department Staff Report 10 -28 -08
Planning Board Minutes Excerpt 10 -28 -08
LDC Section 20 -3.4 (20)
Ord No. 15 -91 -1480
Ord. No.21 -01 -1752.
Public Notices
SAY
X: \Comm Items \2008 \I1 -18 -08 \LDC Amend Amend Car wash. CM Reportdoe
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY
5 AMENDING SECTION 20- 3.3(D) PERMITTED USE SCHEDULE TO MADE MOBILE
6 AUTOMOBILE WASH/WAX SERVICE A PERMITTED USE IN ALL USE DISTRICTS
7 IN WHICH IT IS CURRENTLY LISTED AS A SPECIAL USE; BY DELETING SECTION
8 20- 3.4(B)(20) SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE
9 WASHIWAX SERVICE; BY CREATING SECTION 20- 3.6(V) TO BE ENTITLED
10 "SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASH /WAX
11 SERVICE "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
12 CONFLICT; AND PROVIDING AN EFFECTIVE DATE
13
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WHEREAS, the LAC permits a mobile automobile wash/wax service as "S" special uses
in all office, retail, TODD, and Hospital zoning districts requiring each proposed use to be
approved via the special use process, requiring public hearings before the Planning Board and City
Commission; and
WHEREAS, LDC Section 20 -3.4 (20) sets forth a number of pre- conditions and
requirements which a proposed mobile automobile wash/wax service must adhere to; and
WHEREAS, a number of small business persons have approached the Mayor advising that
the current regulations governing mobile automobile wash/wax services were very restrictive and
actually discourages the location of this type of service in the City; and
WHEREAS, the Planning Department recommended that the Permitted Use Schedule
should be changed to allow mobile automobile wasb/wax services as a "P" Permitted Use instead of
the current "S" Special Use and that all of the pre - conditions and requirements set forth in the
special use section for this use should continue to be applicable to mobile automobile wash/wax
services ;and .
WHEREAS, the Planning Department prepared a proposed amendment which implements
the changes discussed above; and
WHEREAS, the Planning Board at its October 28, 2008 meeting, after public hearing,
expressed concern that there would be a proliferation of mobile automobile wash/wax services in
the City; the Board then failed to adopt a motion to approve the proposed amendment by a vote a
vote of 2 ayes 4 nays; and
NOW, THEREFORE,
BE
IT ORDAINED
BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY
OF
SOUTH MIAMI,
FLORIDA:
Section 1. That Section 20- 3.3(D) entitled " Permitted Use Schedule" of the Land Development
Code is hereby amended as follows:
2
Section 20 -3.3 D Yermutea use k5cucuuic
r0
ZONING
DISTRICT
S
N
R
L
M
N
S
O
T
T
T
T
T
H
P
P
C
P
O
O
O
R
R
R
O
O
O
O
O
I
R
O
A
D
D
D
D
D
N
R
USE TYPE
D
D
D
D
D
D
K
M
M
L
P
P
U
U
I
I
R
4
5
4
BUSINESS AND FKM E a�)tvrxA t. a cxc v i
r0
S
N
Mobile Automobile Wash/Wax Service
S
S
S
S
see
P
P
P
P
P
S
P
P
P
P
Sec
P
3_6
—
S
4 Section 2. That Section 20- 3.4(B)(20) MOBILE AUTOMOBILE WASHIWAX SERVICE is
5 hereby removed from the special use requirement section and place it in a new Section 20- 3.6(V) to
6 be applicable to all mobile automobile wash/wax service wherever they are located as a permitted
7 use.
8
9 Section 3 That Section 20- 3.6(V) is hereby created to read as follows:
10
11 Section 20 -3 6(D
12
13 SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASH /WAX SERVICE.
14
15 (a) Mobile carwash services may operate from 9:00 a.m. to 5:00 P.M. on
16 Monday through Saturday only. No mobile service vendor shall station
17 itself upon any public street or right -of -way. Neither shall any mobile
18 service vendor station itself upon any private property except with the
19 express permission of the owner thereof and in a manner, which does not
20 impede the flow of traffic in public streets or rights -of -way nor block
21 pedestrian access to public streets or rights -of -way. No mobile service
22 vendor shall station itself within one hundred (100) feet of a residential
23 zoning district; however, this restriction shall not apply to mobile carwash
24 vendors operating in residential districts and servicing the primary
25 residents.
26
27 (b) All mobile service vendors must provide for their own trash and garbage
28 removal such that no trash or garbage remains on the premises upon which
29 the vending was conducted.
30
31 c) No property owner may permit mobile carwa ra services to operate on their
32 property for longer than two (2) hours, or operate on site more than two (2)
33 times per week.
34
35
36
37
38
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3
(d) No signage, other than normal commercial graphics painted upon the
actual mobile service vehicle, shall be permitted, except as provided for in
(e) below.
(e) An exception to (c) above may be made for mobile service vendors who
are stationed within approved parking structures. No exterior signage
visible from a public street shall be permitted for locations within parking
structures.
(f) Mobile service vendors must operate from four-wheel motorized vehicles
registered in the State of Florida.
(g) No steam- cleaning, solvents, and/or degreasers may be used.
(h) No run -off into catch basins is permitted.
(i) If soap is used, any run -off must be negligible and contained on private
property.
Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 5 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
the remaining portions of this ordinance.
Section 6 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of 2008
ATTEST:
CITY CLERK
I' Reading —
2nd Reading —
APPROVED:
YOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items\2008 \11- 18- 08\LDC Amend Car Wash Ord.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe
Commissioner Palmer:
Commissioner Beckman:
To: . Honorable Chair and
Planning Board Members
From: Ricardo Soto -Lopez MUP�! "'
Planning Director
Date: October 28, 2005
Re: LDC Amendment- Mobile Car Wash
PB -08 -033
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY AMENDING
SECTION 20- 3.3(D) PERMITTED USE SCHEDULE TO MAKE MOBILE AUTOMOBILE
WASH/WAX SERVICE A PERMITTED USE 'IN ALL USE DISTRICTS IN WHICH IT IS
CURRENTLY, LISTED AS A SPECIAL USE; BY DELETING SECTION 20- 3.4(B)(20)
SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASH /WAX SERVICE; BY
CREATING SECTION 20- 3.6(V) TO BE ENTITLED "SPECIAL REQUIREMENTS FOR
MOBILE AUTOMOMOBILE WASH/WAX SERVICE "; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
The Mayor recently requested the Planning Department to re- evaluate the Land Development Code
regulations currently applicable to mobile automobile wash/wax service. A number of small business
persons have approached the Mayor advising that the current regulations governing mobile automobile
wash /wax services were very restrictive and actually discourages the location of this type of service in the
City.
CURRENT REGULATIONS
The LDC permits a mobile automobile wash/wax service as "S" special uses in all office, retail, TODD,
and Hospital zoning districts. Each proposed use must be approved via the special use process,
requiring public hearings before the Planning Board and City Commission. In addition, Section 20 -3.4
(20) (attached) sets forth a number of pre- conditions which the proposed mobile automobile wash /wax
service must adhere to. These include:
Limitation on hours of operation;
• Can only operate on private property;
• Must have private property owners permission to operate;
e Can not operate within 100 feet of a residential zoning district;
• Can not operate on any one site for more than 2 hours and no more than two times per
week; (exception is allowed for operating in parking garages)
• No signage, no steam - cleaning, no solvents or degreases.
LEGISLATIVE HISTORY
The City Commission on May 7, 1991 adopted Ordinance No. 15 -91 -14880 (attached) permitting for the
first time, automobile wash/wax services as a Special Use in the LO,MO,NR, OR, I (Todd) and H zoning
districts. Most of the pre- conditions in effect now were also established. In 2001 this section of the Code
was examined again and additional pre- conditions were added, mobile automobile wasb/wax services
LDC Amendment
October, 2008
Page 2 of 3
could locate in RO and SR districts, and mobile automobile wash /wax services were allowed in parking
garages as a permanent location. This was adopted by the City Commission on October 2, 2001 (Ord.
No. 21-01-1752).'
In December of 2001 a mobile automobile wash /wax service in the SR Hometown District, specifically
at the Shops Parking Garage was approved by Resolution No.198 -01- 11346. This is only mobile
automobile wash /wax service on record ever approved in the City.
STAFF OBSERVATIONS
(1) The requirement that each mobile automobile wash /wax service must be approved by a special use
process is impractical and overly restrictive, which is evident by the fact that there are no mobile
automobile wash /wax services legally allowed in the City at present. A mobile automobile wash /wax
service under special use approval can only operate within the allowable zoning district which was
approved for. This actually conflicts with the concept that this use is to be mobile. A mobile automobile
wash /wax service should become a "P" permitted use in all of the same commercial zoning districts
where it is currently allowed as a special use.
(2) As special use a mobile automobile wash /wax service is currently subject to very restrictive
requirements in Section 20 -3.4 (20) which are pre -set special use conditions. The restrictions as written
protect nearby properties from any adverse impact caused by the mobile automobile wash /wax service.
The restrictions should be continued as being applicable to any mobile automobile wash/wax service
which would be allowed as a permitted use. This can be done by relocating these restrictions to another
section of the LDC which would be Section 20- 3.6(V) to be entitled "Special requirements for mobile
automobile wash/wax service ". These restrictions would have to be followed by the any mobile
automobile wash /wax service which receives an occupational license.
(3) If it is the City's objective to allow this type of small business as a convenience to citizens using
commercial areas, two amendments to the LDC as shown below are required.
SPECIFIC LDC AMENDMENTS
(1) In order to change the mobile automobile wash /wax service from a Special Use to a "P" Permitted
Use the following amendment must be made:
Section 20 -3.3 D Permitted Use Schedule ZONING DISTRICT
R L M N S -G T T T T T H P P C P
O O O R R R O 0 0 0 0 I R O A
D D D D D N R
USE TYPE D D D D D D R
M M L P P
U U I I R
4 5 4
BTJSINESS AND PROFESSIONAL SERVICES
Mobile Automobile Wash/Wax Service S S S S P S S S P See
P P P P P P P P P _ sec
LDC Amendment
October, 2008
Page 3 of 3
(2) Relocate Section 20 -3.4 (20) MOBILE AUTOMOBILE WASHIWAX SERVICE from the special
use requirement section and place it in a new section applicable to all mobile automobile wash /wax
service wherever they are located as a permitted use.
SECTION 20 -3.6 "SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE
WASH/WAX SERVICE1%
(a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m. on Monday
through Saturday only. No mobile service vendor shall station itself upon any
public street or right -of -way. Neither shall any mobile service vendor station
itself upon any private property except with the express pennission of the owner
thereof and in a manner, which does not impede the flow of traffic in public
streets or rights -of -way nor block pedestrian access to public streets or rights -of-
way. No mobile service vendor shall station itself within one hundred (100) feet
of a residential zoning district; however, this restriction shall not apply to
mobile car-wash vendors operating in residential districts and servicing the
primary residents.
(b) All mobile service vendors must provide for their own trash and garbage
removal such that no trash or garbage remains on the premises upon which the
vending was conducted.
C) No property owner may permit mobile carwash services to operate on their
property for longer than two (2) hours, or operate on site more than two (2)
times per week.
(d) No signage, other than normal commercial graphics painted upon the actual
mobile service vehicle, shall be permitted, except as provided for in (e) below.
(e) x, - r__.- - n-" ", An exception to (c) above may be made for mobile
service vendors who are stationed within approved parking structures. No
exterior signage visible from a public street shall be pennitted for locations
within parking structures.
(f) Mobile service vendors must operate from four -wheel motorized vehicles
registered in the State of Florida.
(e) No steam- cleaning, solvents, and/or degreasers may be used.
(f) No run -off into catch basins is permitted.
(g) If soap is used, any run -off must be negligible and contained on private
property.
RECOMMENDATION
It is recommended that the proposed two amendments as shown above be approved.
Attachments:
LAC Section 20 -3.3 (D)
LDC Section 20 -3.4 (20)
Ord No. 15 -91 -14880
(Ord. No.21 -01- 1752).
Public Notices
RSUSAY
X: \PB\PB Agendas Staff Reports\2008 Agendas Staff Reports \10- 28- OS\P13 -08 -033 LDC Amend Car Wash.doc
CITE' OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Tuesday, October 28, 2008
City Commission Chambers
7:3.0 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:=
The Pledge of Allegiance was recited
II. Roll Call
Action: Chairman Morton requested a roll call.
Mr. Morton, Ms. Yates, Mr. Farfan, Mr. Cruz, Ms
City staff present: Ricardo Soto- Lopez, (Planning
and Lluvia Resendiz(Zoning Tech).
8P.M.
in unison.
Board members present constituting a quorum:
Young and Ms. Chael. Absent: Mr. Comendeiro
Director), and Sanford A. Youkilis (Consultant),
III. Planning Board Applications/Public Hearing
PB -08 -031
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAM11 FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY
AMENDING SECTION E E EAUTOMOBILE WAUWAX 20-3.3(l)) RVICA PERMITTED USE IN ALL U DISTRICTS
IN WIHCH 0 3.4(B)( 0)T SPECIAL NTREQU�MENTSFOR SPECIAL MOBILE DEAUTOMOMOB OE ENTITLED
WASHIWAX SERVICE; BY SPECIAL REQUIREMENTS CRFORTNMOBILE IO E AVTOM MOBILE WASH/WAX
SERVICE "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Ms. Yates read the item into the record.
Action: Mr. Youkilis advised that the Mayor requested that the Planning Department consider
amending Section 20 -3.3 (D) Permitted Use Schedule to allow an automobile wash /wax services as
a use permitted by right. The current legislation adopted in 1991 allows for automobile wash/wax
services as a special use in any zoning district that is listed in most of the commercial zones. Most
of the existing preconditions in the LDC are also summarized in the report. In December 2001 only
one automobile wash /wax service was approved. The staff observed that approving the automobile
Planning Board Meeting
October 28, 2008
Page 2 of 3
wash /wax service by a special use process is impractical and overly restricted because an applicant
must go through the special use approval for each zoning district. Staff is recommending that the
"S" be changed to "P" with the same conditions be approved.
Mr. Morton questioned if they would have to get an occupational license under the current
Permitted use. Mr. Youkilis replied that applicants must have an occupational license after the
special use approval. Mr. Morton questioned if there was a way to limit the amount of car wash
businesses within the City. Mr. Youkilis advised that they would be required to abide by the
regulations which are strict. Mr. Morton then stated that without limits there will be too many car
wash/wax businesses around South Miami. The fact that an applicant will not be required to go
through the special use approval will provide for unlimited number of car washes to conduct
business in the City. By not approving this amendment the Board will continues to be in the
position of determining if a special use should be granted. Mr. Morton farther added that this can
get out of hand that there will be no control over it. Mr. Youkilis replied that there have not been
many applications for car washes and getting approval for every single zoning district is not
practical.
Mr. Cruz questioned if staff considered the effect the text amendment will have on parking. He
questioned how the Planning Department will ensure that it will not be the same vendor will not
operate several war washes under different names. Mr. Soto -Lopez stated that the issue was that
working class people were trying to make living in a car driven society. Staff did not propose the
text amendment, the Mayor proposed the text amendment.
Ms. Chael stated that she has had personal experience in her neighborhood where a neighbor was
washing cars. She sees no problem with hiring a mobile car service. She expressed that a mobile
car wash was not harmful even in a residential areas.
Mr. Cruz stated that there is a parking problem already and by limiting to two hours per company
may create more problems. He stated that he does not want to create loop holes. Mr. Soto -Lopez
replied that that how Mr. Cruz felt was based upon his own a personal circumstances. Mr. Soto -
Lopez restated that there are a lot of working class people who are trying to make a living in a car
driven society. Mr. Cruz replied that it was not his personal feeling because he frequents
downtown South Miami and always finds it difficult to find a parking. Mr. Soto -Lopez stated that
he recognized Mr. Cruz using valet parking all the time.
Chairman Morton opened the Public,Hearing.
Name Address Position
Sharon McCain, Oppose
Ms. McCain opinioned that the Mayor proposed the text amendment because several businesses are
currently providing car washes as an extra service. She stated that the City cannot put this extra
burden on Code Enforcement which only has three officers monitoring the entire City. She
requested that the City Attorney provide clarification in that the tenant should be required to obtain
permission from the property owner in order to perform additional services. She further
recommended that the Board should require a lessee wanting a car wash service to be required to
obtain a letter from the property owner granting them permission to apply for the special use. In
other words Ms. McCain stated that it should be left up to the property owner. She further added
that the City will encounter problems with the conditions set down in the report. Code Enforcement
Plamiing Board Meeting
October 28, 2008
Page 3 of 3
will receive constant calls due to the conditions. She finalized by indicating that there must be
some criteria otherwise Code Enforcement will be overloaded with calls.
Chairman Morton closed the Public Hearing.
Motion: Mr. Cruz moved to deny the text amendment as recommended by staff. Motioned failed
due to a lack of second
Motion: Mr. Farfan moved to approve the text amendment as recommended by staff. Ms. Chael
seconded.
Vote: 2 Ayes 4 Nays (Mr. Cruz, Ms. Young, Mr. Morton and Ms. Yates) The motion failed of
passage.
X: \Comm Items\2008 \1 I- 18- 08 \PB- Min- 10 -28 -08 Excerpt Car Wash.doc
20 -3.3 SOUTH MLAMI LAND DEVELOPMENT CODE
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20 -3.4 SOUTH MIAMI LAND DEVELOPMENT CODE
(b) The on -site parking on small restaurant premises must be used for customers
only; employees and management must park in off -site parking.
(c) Required parking must be on -site.
(d) Small restaurants may only serve alcoholic beverages to any given patron in
combination with food both prepared and served on the premises.
(20) MOBILE AUTOMOBILE WASH/wAX SERVICE
(a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m. on Monday
through Saturday only. No mobile service vendor shall station itself upon any
public street or right -of -way. Neither shall any mobile service vendor station
itself upon any private property except with the express permission of the owner
thereof and in a manner, which does not impede the flow of traffic in public
streets or rights -of -way nor block pedestrian access to public streets or rights -of-
way. No mobile service vendor shall station itself within one hundred (100) feet of
a residential zoning district; however, this restriction shall not apply to mobile
carwash vendors operating in residential districts and servicing the primary
residents.
(b) All mobile service vendors must provide for their own trash and garbage removal
such that no trash or garbage remains on the premises upon which the vending
was conducted.
(c) No property owner may permit mobile carwash services to operate on their
property for longer than two (2) hours, or operate on site more than two (2) times
per week.
(d) No signage, other than normal commercial graphics painted upon the actual
mobile service vehicle, shall be permitted, except as provided for in (e) below.
(e) With special use approval, exception to (c) above may be made for mobile service
vendors who are stationed within approved parking structures. No exterior
signage visible from a public street shall be permitted for locations within
parking structures.
(f) Mobile service vendors must operate from four -wheel motorized vehicles regis-
tered in the State of Florida.
(e) No steam - cleaning, solvents, and/or degreasers may be used.
(f) No run -off into catch basins is permitted.
(g) If soap is used, any run -off must be negligible and contained on private property.
(21) ANIMAL. HOSPITAL/VETERINARIAN
(a) All such uses shall be located within a fully enclosed, air - conditioned, soundproof
structure.
(b) There shall be no overnight boarding of animals except for medical purposes.
Supp.
No. 7 48
ORDINANCE NO. 21 -01 -1752
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE
BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE
SCHEDULE", SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE
STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE
AUTOMOBILE WASH/WAX SERVICE" IN ORDER TO PROVIDE FOR
LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF
CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City's Land Development Code currently has regulations addressing
"Mobile Car Wash Services," and,
WHEREAS, the current regulations can be improved to address the various types of car
wash businesses that are being proposed within the City, and,
WHEREAS, the City Commission, at its meeting of July 24, 2001, adopted Resolution No.
104 -01 -11252 directing the preparation of an amendment to the text of the City of South Miami
Land Development Code, which would clarify the different types of car wash enterprises, and
place the appropriate restrictions and requirements on car wash activity, and further directing that
the amendment should be forwarded to the Planning Board for review and recommendation; and
WHEREAS, a public hearing regarding the proposed amendment was held by the Planning
Board on August 28, 2001, at which time the Planning Board voted 5 -0 to recommend approval
of the proposed amendment to the City Commission; and
WHEREAS, the City Commission desires to accept the recommendations of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20- 3.3(D) entitled "Permitted Use Schedule," of the City's Land
Development Code, is hereby amended to read as follows:
USE TYPE
ZONING
DISTRICT
R
L'
M
N
S
G
T
T
T
T
T
H
P
P
C
P
0
0
0
R
R
R
0
0
O
0
0
I
R
0
A
D
D
D
D
D
N
R
D
D
D
D
D
D
K
M
M
L
P
P
U
U
I
I
R
4
5
4
1
Mobile Automobile S S S S S S S S S I S
WaSty WaxS
Section 2. That Section 20- 3.4(B) entitled "Special Requirements," of the City's Land
Development Code, is hereby amended to read as follows:
(5) GASOLINE SERVICE STATION
(f) AncillwY Uses.
accessory use in the GR General Retail Zoning District.
(20) MOBILE AUTOMOBILE WASFI/WAX SERVICE
(a) Mobile carwasn sco
through S�turday only. No mobile service vendor shall station itsel
upon any public street or right -of- -way. Neither shall any mobile service
vendor station itself upon any private property except with the express
permission of the owner thereof and in a manner, which does not impede
the flow of traffic in public streets or rights -of- -way nor block pedestrian
access to public streets or rights -of- -way. No mobile service vendor shall
station itself within 100 feet of a residential zonin district however
this restriction shall not apply to mobile carwash vendors operating in
residential districts and servicing the primary residents
(b) All mobile service vendors must provide for their own trash and garbage removal
such that no trash or garbage remains on the premises upon which the vending
was conducted.
(c) No nder property owner maY Rgrmltmo bile carwash
services to overate on their Property for longer than sixty ( §Bi nos
__ ___ ..,.., rig rimes ner week.
(d)
(e)
below.
permitted for locations within parking structures.
(f) Mobile service vendors must operate from four -wheel motorized vehicles
registered in the State of Florida.
(e) No steam - cleaning, solvents, detergertts- and /or degreasers may be used.
(f) No run -off into catch basins is permitted.
(g)
If soap is used, any run -off must be negligible and contained on private property.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 22 "d day of October, , 2001
ATTEST: APPROVED:
CITY CLERK MAYOR
ls` Reading- September 18, 2001
2nd Reading- October 2, 2001
COMMISSION VOTE: 4 -0
READ AND APPROVED AS TO FORM: Mayor Robaina: Yea
Vice Mayor Feliu: Yea
Commissioner Russell: Yea
f. Commissioner Bethel: Yea
Commissioner Wiscombe: Not present
�.-: ter, i .t. -� >• _
CITY ATTORNEY.
NOTE: New wording underlined; wording to be removed indicated by strike - through.
ORDINANCE N0. 15 -91 -1480
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE.OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF
"MOBILE AUTOMOBILE WASH /WAX SERVICE" IN SECTION 20 -2.3 ;,
PROVIDING FOR MOBILE AUTOMOBILE WASH /WAX SERVICE UNDER
SECTION 20 -3.3 (D) OF THE PERMITTED USE SCHEDULE AS A
SPECIAL USE; PROVIDING FOR SPECIAL USE REQUIREMENTS
UNDER SECTION 20 -3.4 (B) BY ADDING A NEW SUBSECTION
(20)p PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there
presently does
not exist
a permitted
use of
"mobile automobile
wash /wax service ",
and
FLORIDA:
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for a "mobile automobile
I wash /wax service" as a special use in the permitted use
schedule;
NOV, THEREFORE,
BE
IT ORDAINED
BY THE MAYOR
AND THE CITY
COMMISSION OF THE CITY
OF
SOUTH MIAMI,
FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby
is, amended as follows:
Mobile Automobile Wash /Wax service. Shall mean a motorized
vehicle equipped to provide a self - contained facility for
washing, waxing, and otherwise cleaning or "detailing"
automobiles.
Section 2. section 20 -3.3 (D) be, and hereby is, amended
to include the following additional use:
C P
ZONING DISTRICTS 0 A
N R
R L M N S G I H S G
0 0 0 R R R
Mobile Automobile S S S 20 n/a
Wash /Wax Service S S S
Sec on 3.
Section 20 -3.4
(B) of the
Land Development Code
be, and the
same is, hereby
amended
to add the following
subsection 20:
(20) MOBILE AUTOMOBILE WASH /WAX SERVICE
a. No mobile service vendor shall station itself upon any
public street or right -of -way. Neither shall any
mobile service vendor station itself upon any private
property except with the express permission of the
owner thereof and in a manner which does not impede the
flow of traffic in public streets or rights -of -way nor
block pedestrian access to public streets or rights -of-
way.
b. All mobile service vendors must provide for their own
trash and garbage removal such that no trash or garbage
remains on the premises upon which the vending was
conducted.
C. No mobile service vendor shall remain in any one site
longer than sixty (60) minutes.
d. Mobile service vendors must operate from four -wheel
motorized vehicles registered in the State of Florida.
e. No steam - cleaning, solvents, detergents and /or
degreasers may be used.
f. No run -off into catch basins is permitted..
g. If soap is used, any run -off must be negligible and
contained on private property.
Section 9. If any section, clause, sentence 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 5. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 7 th day of May 1991.
APPROVED:
„ MAYOR
ATTEST:/- :, /.
CITY CLIn
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
'� o NlNG
CA)
,qt) ro
use
i / -iY -dB
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays Florida
Miami, Miami -Dade County,
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - FEBRUARY 9, 2009
in the XXXX Court,
was published in said newspaper in the issues of
01/23/2009
Aff!ant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
Sworn to and subscribed before me t '
23 day of J NUA , A. 2009
(SEAL)
V. PEREZ personally known to me
oM�{
y,
V
CITY: OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HERESY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled. for Tuesday, February 9, 20D9
beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset
Drive, to consider the following items: .
AN ORDINANCE OF -THE, MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH M[Al , FLORIDA; RELATING TO
SMALL RESTAURANTS BY AMENDING LAND DEVELOP-
MENT CODE, SECTION 2.0 -2.3 IN ORDER TO REMOVE THE
DEFINITION` OF SMALL RESTAURANT; AMENDING THE
PERMITTED FUSE: SCHEDULE' SECTION 20.3.3(D) TO
REMOVE SMALL RESTAURANT AS A SPECIAL USE IN ALL
ZONING DISTRICTS; `4.v AMENDING SPECIAL '. USE
CONDITIONS SECTION 20.3.4(B) IN.ORDER TO REMOVE
SUB- SECTION','(19) ENTITLED. SMALL RESTAURANT:
PROVIDING FOR SEVERASILITY; PROVIDING, FOR
nwrnNeaces -4#4' CONFLICT: AND- PROVIDING AN
If you have any inquires ori.the above Items please contact the
Planning and Zoning Department's office at: 305-663-6326
ALL in parties are invited to attend and will be heard.
- Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that 'd a person .decides to appeal any decision ,made by this
Board, Agency or Commission with respect to any matter considered Of
its meeting or hearing, he or she will need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings Is made which record includes the
testimony and evidence upon which the appeal is to be based.
1/23 - 09- 3.140/1159153M
,oI,.'y -.,
O.V.FERBEYRE
x
MYCOMMIS610N #DD 528104
EXPIRES: July 9, 2010
Ric, mb;
aonded111N Notary PUOlic UndervrtMers
v+c�.nsrm�*w.v.,v.
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V
CITY: OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HERESY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled. for Tuesday, February 9, 20D9
beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset
Drive, to consider the following items: .
AN ORDINANCE OF -THE, MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH M[Al , FLORIDA; RELATING TO
SMALL RESTAURANTS BY AMENDING LAND DEVELOP-
MENT CODE, SECTION 2.0 -2.3 IN ORDER TO REMOVE THE
DEFINITION` OF SMALL RESTAURANT; AMENDING THE
PERMITTED FUSE: SCHEDULE' SECTION 20.3.3(D) TO
REMOVE SMALL RESTAURANT AS A SPECIAL USE IN ALL
ZONING DISTRICTS; `4.v AMENDING SPECIAL '. USE
CONDITIONS SECTION 20.3.4(B) IN.ORDER TO REMOVE
SUB- SECTION','(19) ENTITLED. SMALL RESTAURANT:
PROVIDING FOR SEVERASILITY; PROVIDING, FOR
nwrnNeaces -4#4' CONFLICT: AND- PROVIDING AN
If you have any inquires ori.the above Items please contact the
Planning and Zoning Department's office at: 305-663-6326
ALL in parties are invited to attend and will be heard.
- Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that 'd a person .decides to appeal any decision ,made by this
Board, Agency or Commission with respect to any matter considered Of
its meeting or hearing, he or she will need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings Is made which record includes the
testimony and evidence upon which the appeal is to be based.
1/23 - 09- 3.140/1159153M
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help with special events and office
work and help with the 24 -hour Crisis
and information hotline. volunteers
must speak Emile, 305- 358 -1640
ext 139.
United HomeCam Serves so The
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Arco Values For able
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Laura Mullaney
305 790 -1000
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44'4,,232 -8 No hit, nursing trip pool
CITY OF SOUTH MIAMI COURTESY NOTICE ; V c5 1P.r
I. NOTICE IS HEREBY given that the City Commission of me City : g,
of South Miami, Florida Will conduct Pubic Heanngs at do regular i YA81a
V City commission meeting scheduled forTuesdag Primary 320m
beg inning at 7:30 p.m. in the City Comm saran Chambers 6130 ' t
0 c, sunset Dme to codsitlerthe following Nems' -,,, -, '+d°=, -,_•
0. 0 m AN ORDINANCE RELATING TO SMALL 62$ MGM Cam) Gabhrs
RESTAURANTS BY AMENDING LAND 5599,000.
/� N m DEVELOPMENT CODE SECTION 20.2.3 IN G'Maawnnraa
• ORDER TO REMOVE THE DEFINITION OF SMALL y:1 14 2321%47, 504X125 % Paul
mod,{ RESTADRANT; AMENDING TIE PERMITTED
N m USE SCHEDULE SECTION 2a- 3.311) TO REMOVE 3 rd"..•+ �F
SMALL RESTAURANT AS A SPECIAL USE IN ALL im. W"5 49 it
Q y ZONING DISTRICTS; AMENDING SPECIAL USE " C ONDITIONS SECTION 20- 3.416) IN ORDER TO REMOVE SUS- SECTION (19) ENTITLED SMALL �'- RESTAURANT. 'f
• � .1a+ S you have any mgWnes on the above hems please - tit
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at 305L63 -6326 352.1 {"Ij'SWI Vice,
v ALL interestee marks ere invited to attend end will tur heard. Coconut Grove $999,001.
Marie M. Menendez, CMC Uiutr'r9niror(
Q e City Clerk ( 3✓2, 3vari, ithad lot
R n smoke to Funds Aantc curb K ew air hereby aamme aw pudKmnna e
Wee m+aebfulmameuse Wwawno new G7dnrl78anArr Ball Estate
m Cam ober a,ymenacww thatoro n eensorhoaihed Proohe no taturaMul4oeyt(aoot <om
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rlebnmy altil Resource Carter' Bal iA Medital Ads Building
ndall Drive, Sure 105.7865963895
ing Discussion Group. Provides education and
reast - feeding mothers before and after delivery.
ary 4 & 18, 11111:30 am.
ptimists. Support group for those with Parkinson's
dise ase. Fri., February 13, 7-8 P.M.
Resolve. For Those Experiencing Infertility. Mon., February 16,
7 -9 P.M.
Your Bosom Buddies Breast Cancer Support Group.
Thurs., February 19, 7-8:30 P.M.
Baptist Hospital • 8900 North Kendall Drive - 7864963895
A1-Anoa Get It Together. Support group for families and
friends of people who have drinking problems. Saturdays,
730.9:30 p.m.
The ParkOpt•Bnists. Support group for those With Parkinson's
disease. Sat, February 14, 12 noon -2 p.m., Classroom 2.
Saudis Mioad Hossptal -U.S 1 and SW 62 Avenue
7865963695
montages Anonymous. Support group for alcoholics.
Wednesdays, 8:30 p.m., Victor E. Clarke Education Center
(classra0m varies).
Narcotics Anonymous. Support group for people addicted to
drugs. Sundays, 9:30 a.m., and Saturdays, 730 p.m., Victor E.
Clarke Education Center (classroom varies).
Overeaters Anonymous. Sundays, 7:30 -8:30 p.m., Victor E.
Clarke Education Center, Classroom C.
Bariatric Support Group- Thum., February 26, 7.9 p.m.,
Victor E. Clarke Education Center, Auditorium.
Baptist Medital Flom at Postal • 9915 NW 41 Street, Suite 210
7863963895 '..
Breast - feeding Discussion Group. Provides education and !,
support for breast - feeding mothers before and after delivery.
Wed., January 28, 9:3041 a.m., Suite 210.
Porters Hospital • 5D00 University Drive • 7864963895!.
Women's Cancer Support Group. Support group 1017 Women
with gynecological cancers. Tues., February 17,5 -6:30 p.m.,
small conference room, 2nd look
Hoamslead Hospital •Campbell Drive (SW 312 Street) and
SW 147 Avenue - 7863963895
Adult Diabetes Support Group. Tues., February 3, 6-7 p in ,
Auditorium 2.
Your Bosom Buddies Brest Cancer Support Group.
Tues, February 10, 7.830 p.m., Auditorium.
Lupus Support Group. Support group for people with lupus
and their families and friends Wed., February 18,7-8:30 p.m.,
Auditorium 1.
Creole Cancer Support Support group for people with all
types of Cancer and their friends and families. Thurs.,
February 26, 6-8:30 p.m., Lune Room.
AbAkhm Support group for families and friends of people who
have drinking problems. Wednesdays, 7 -9 p.m., Auditorium 2.
Baptist Health
South Florida
Support groups are free and do not require regist On,
For more inforashation, call 786-596-3895.
Visit us at vviannobaptisthealthmet