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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 DISTRICT R L M N S G 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 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: 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 R L M N S G T -T -f T T O O O R R R O 0 0 0 0 D D D D D USE TYPE D D D D D M M L P P U U I I R 4 5 4 H P P C P I R O A N R D K LDC Amendment September 2008 Page 3 of 3 Ee) n zrn\nm elm ri„rArr nra-Cnrm,t7.7•r t 1 7 •yF al. a- - i 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 H ,-+ U o q rn° w w r a a� Fo Aqa`+ F o q q a w P, P� P, P� Pa P, Pi P+ Pi P, P+ P. P. Pi P, tp� F O A A P, a P. Pt P. P� P. P Pi P, P, Pi N Pi Pi Pa P N P� N a P Pa P+ Pi P+ Pi P P P. P. N PA P+ P� P� C) U1 U) a o a H N O N W N �fFy� U] e� ° C/) 0 a a ro cn 0 a s C7 NO b-0 m H N d p p Ui @ Ul 0 y Uy N H O Q cu t+ iS N .iS d .j 6A FO 11 Z by Ui y Z Q4 bD �a � zoawwwaaw°�r4zzv� �aaaaaa Suvo. No. 7. Revision 33 20-3.3 SOUTH yL&�Mt LAND DEVELOPMENT COQ &«4e 00%R G« Ay w /wgRGaR woeR&w §woRaww, \ROAR %b, / ±q mq Ao *o e � \f m=)\ e [ \ \/) �\ / / j see=m&/ m= k / m == G ® mn \ \ co tD � ) � j ƒ �j j )/ rd % \ \ .J5 0 & \ ;!§§ \ / \ ƒ\\ \ \ /))\! \ = ri))® m) � ` rd rd r$ \tD j+ ® ) 2 \ f ® , _ 9 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 +^^ d+. �„ s°+. F'.!" aW. e:.. h:..' s,a?,ar�a %uo':i.� "y�e;?.,J4,,r• 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 ...,�. 70724' I ... ...:r e _ 08- 3=IIWI 107460M' v Y � C N _ (0 n� r1 ° W � Z - C Nx Car _ a _ L d C O. o '- > U N O N a = N E t NI O T _ of N ff] 0 E N n C T O H of 9 00 A ' Friday of every O m m o z N N O Both, Miami. 305 c to U A 5 � � m I for $30 at the S CIS U A m Q w N of 9 00 A ' Friday of every O a are S1 0 u d CV m Both, Miami. 305 CITY OF SOUTH MIAMI i m , F a 0� 5 � � m of 9 ' Friday of every are S1 C Cam u d Both, Miami. 305 CITY OF SOUTH MIAMI i , F a r a i , ® ; I for $30 at the a CIS U A m Q w N i7 305.772.5095 CELL AVIGNON IN T14E.GABLFS 2401 Anderson Road Unit 2 Gorgeous 1,775st 2/2.5 unit w/ den. )ROD $l Private terrace. Fully upgraded! $849.1)00 1140 Son Pedro Ave I W' on the war ell No hedges fo Bell $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 affint some opinion with your omelet ?a Nw5lirg Nse hamaktb hk. +klaer J.rn Trk hTrnN 11cJ1,.�11•e.et - - ______ ' Friday of every are S1 Pfnecrest Asade Both, Miami. 305 CITY OF SOUTH MIAMI i , F a i , 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 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 0 Svpp. No. 9 30.4 UO�q cV ax a x w w U hOggar H E+Oq qa wwv)wP,wwwwwww nww HHOgga��av�ww oggp�wcnww ww wwP,wwwwww ww F Oqq wmww P.w wwwwwwwww ww 0 0 r4 U) w w w N a,r4wrlww ww www w ww w Z� mw P, w w w Owcnww ww P uwmw wwww www NOwMww P,w P,mmP4 wwwP. P.ww x0 tnww ww w www w ED m Y N H N P � ti rgD ca O O i`✓+ {J. cd H O O .i> p U) R. m A U cd 0 U1 O m y h q ^ W 0O p � 0 U N0 0 to cd O ,0 -N Fpy a d) w O .—� N .1.> to O [d m' o a w b N m no U o d O O U] `� m ti o bD p KC q rd c3 cUd PL( � ` t o o cd j 0 � m �q . .0 . . 0 q .0 ri A� p zox 00wawwwPAP N o� A A 0 Svpp. No. 9 30.4 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. 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 3 3 its E a of rc or A NEIGHBORS CALENDAR 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 nose pro. Cables Grove Arco Values For able tall Laura Mullaney 305 790 -1000 Cancer s recently j merit 1 1910 Gmnuda, Coml Gabb% udyat S1,499,000. J 6'444112 y', 11 aharo -Ia 'cashless Somr 0. retars'di OTHERCLASSES 5949.000. S 3.3591:, %4Rn' X 120` Iu1Pmd 1520 Decade, Curai Gables [!4 5948,000. 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 Cjf its contact the Planning and Zoning Departments office .y,,,•, y . 1 t 0 a 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 V m ¢mcgtlatlwp^'aML94oM rhepro,Myryxa,^eWhid,°w°n^nr se • m to tormen+a dimbir,oeoNOk+mbgo drowal a to he brand mwmloava. waw.GabicsNUmrieHomn.cam uro+tt6,aom ^naosdeoo a2onwma urearPealHmhenwe. C� 3 w a III � 111 ' 4 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