Ord No 02-14-2180ORDINANCE NO.02-14-2180
An Ordinance amending Section 4-2(a)of the City Code changing distance
requirements regarding alcohol sale and service
WHEREAS,theCode of Ordinancescurrentlydoesnotallowforthesaleandservice of
beerandwineby restaurants thatare adjacent to churches,schoolsand residential properties,
otherthanasspecificallyexemptedunderSection4-2(a)(4);and
WHEREAS,certain commercial establishments alongSW57Avenue(RedRoad)have
requested consideration forbeerandwine licenses in conjunction with approved restaurant uses;
and
WHEREAS,therearecurrently businesses alongSW57Avenue(RedRoad)thathave
active liquor licenses,thatare adjacent toboth religious institutions and residential properties in
adjacent municipalities;and
WHEREAS,theCityCommissionisdesirous of providingassistancetothecommercial
areas oftheCity while mitigating adverse impacts,where possible,to surrounding properties.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section1.Section 4-2(a)(4)oftheCityof South Codeof Ordinances is hereby amended
to read as follows:
Section 4-2 -Distance Requirements;nonconforming use;certificate of occupancy
(a)Distancerequirements
***
(4)Exceptions fromthe aforementioned distance requirements from residential.Premises
located in zoning districts which permit restaurants and which are located along Bird
Road,Red Road,andU.S.1 (South Dixie Highway)mayserve non-distilled alcoholic
beverages such as wine and beer,but no beverage containing distilled spirits,as part of
an approved restaurant use where nobaris provided?:a)nobaris provided,b^where
food is served in conjunction with beer and wine alcoholic beverages within or upon
thepremisesatapprovedseatingonly,andwhere c)thesale of wineandbeerisless
than half the total monthly sales,d)wine and beer are not removed from the premises.
e)_a permanent,opaque buffer is provided between the premises and any and all
adjoiningpropertieswhicharezoned residential,and f)forrestaurantslicensedafter
December 17.2013.wine and beer shall only be served between the hours of 11:30
a.m.andmidnight.Distancerequirementsfromchurchesandschoolsshallbeobserved
forall properties along Bird Road.Red Road,and U.S.1 (South Dixie Highway).The
restaurant shall provide the City with the restaurant's records of its sales of food and
beverages upon demand of theCity Manager,orhis designee,or of aCityCode
Enforcementemployee.
Ord.No.02-14-2180
(5)The restricted distances,listed inthe Section 4-2(3)schedule,between premises that
sellwineand beer and another landusethatisprotected,shallnotapply if theprotected
class of land use,listed inthe schedule,is located ina municipality other thantheCity
of SouthMiamiandprovidedthattheordinances of the adjacent,applicable
municipalitywouldnotbeviolated if thelocation of thelandusesinquestionwere
reversed,i.e..the church were located in South Miami andthe proposed store or
restaurant selling wine and beer were located in Coral Gables.
Section 2.Codification.The provisions of this ordinance shall become andbe made part
of the Code of Ordinances of theCity of South Miami as amended;that the sections of this
ordinance maybe renumbered or re-lettered to accomplish such intention;andthattheword
"ordinance"may be changed to "section"or other appropriate word.
Section 3.Severability.If any section,clause,sentence,or phrase of this ordinance is
foranyreasonheldinvalidor unconstitutional byacourt of competent jurisdiction,thisholding
shallnotaffectthe validity of the remaining portions of thisordinance.
Section 4.Ordinances in Conflict.Allordinancesorparts of ordinances andall
sectionsandparts of sections of ordinances indirectconflictherewitharehereby repealed.
However,itisnottheintent of thissectiontorepealentireordinances,orparts of ordinances,
thatgivethe appearance of being in conflict whenthetwo ordinances canbe harmonized or
whenonlyaportion of theordinanceinconflictneedstoberepealedto harmonize the
ordinances.Ifthe ordinance in conflict canbe harmonized by amending its terms,itis hereby
amended to harmonize thetwo ordinances.Therefore,onlythat portion that needs tobe repealed
toharmonizethetwoordinancesshallberepealed.
PASSEDANDENACTEDthis 1JT day of March.2014.
ATTEST:APPROVED:
CTfY'CLERK
1st Reading-12/3/13
.nd2™Reading -12/17/13
3rd Reading-3/18/14
READAND APPROVED ASTOFORM:
LANGUAGpfggGALITY AND
EXEGtmOTTTHEI
COMMISSION VOTE:4-1
Mayor Stoddard:Yea
Vice Mayor Harris:Yea
Commissioner Edmond:Yea
Commissioner Liebman:Yea
Commissioner Welsh:Nay
MIAMI HERALD I MiamiHerald.com
CITY OF SOUTH MIAMI
NOTICE OF GENERAL AND SPECIAL ELECTION
NOTICE IS HEREBY GIVEN thata General and Special Election forthe City of
SouthMiami forthe Mayor foratwo (2)yearterm,a Commissioner-Group I fora
four (4)yearterm,anda Commissioner-Group IV for a four (4)yearterm,together
with questions relating to amendments tothe City's Charter,will beheldon
Tuesday,February 11,2014 from 7:00a.m.to7:00p.m.,intheCityCommission
Chambers,oftheCityofSouth Miami City Hall at 6130 Sunset Drive.
Qualifying period forthiselectionbegins Monday,January 6f 2014at
9:00a.m.,andendsFriday,January 10,2014at5:00p.m.
Registration ends at 5:00 p.m.sharp each dav.
Inquiries canbemadeby calling theCityClerk'sofficeat:305-663-6340.
MariaM.Menendez,CMC
CityClerk
Cityof South Miami
For further information regarding the proposed amendments tothe City's Charter
youmayvisitourwebsiteat www.southmiamifl.gQv Or,youmayalsovisitthe
Clerk'sOffice Monday-Friday,between9:00a.m.and4:00p.m.at6130 Sunset
Drive,South Miami,FL 33143.
S£SUNDAY,DECEMBER 22,2013 1 25SE
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given thatthe City Commission ofthe City ofSouth Miami,Florida
will conduct Public Hearing{s)atits regular City Commission meetingscheduledfor
Tuesday,January 7,2014 beginning at7:00p.m.,intheCityCommissionChambers,6130Sunset
Drive,toconsiderthefollowingitem(s):
An Ordinance amending Section 20-2.3(8)entitled Applicability and Definitions,Section 20-4J(l)(1)
entitled RS-Single Family Residential Districts,Section20-4.3{l)(2)emitted RT-Townhouse Districts,
and Section 20-4.10 entitled Garage Salein order to increase the amount of signage allowed for
garage sates.
I AnOrdinance amending subsection 4-2(a)oftheCity Code changing distance requirements regarding
/alcoholsaleandservice.
^An Ordinance ofthe City ofSouth Miami amending the City's Land Development Code Section
20-3.3P),Permitted Use Schedule andSection 20-7.12(B).Permitted Uses;to permit certain
additionaluseswithinRS-5 andSRzoningdistricts,andtocorrectascrivenerserrorrelatedtoschool
parkingandspecialuseconditions.
ALL interested partiesareinvitedto attend and will be heard.
Forfurther information,pleasecontacttheCityClerk's Officeat:305-663-6340.
MariaM.Menendez,CMC
CityClerk
Pursuant to Florida Statutes 286.0105,the City hereby advises the public thatifa person decides to appeal
anydecision madeby thisBoard,Agency orCommission withrespecttoanymatter considered atitsmeeling
orhearing,heorshe will needa record ofthe proceedings,andthatforsuch purpose,affectedpersonmay
needtoensurethata verbatim record ofthe proceedings ismadewhichrecordtnciudesthetestimonyand
evidence uponwhichtheappealIstobe based.
Iing\
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sundayand
LegalHolidays
Miami,Miami-DadeCounty,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforetheundersignedauthoritypersonallyappeared
M.ZALDIVAR,whoonoath says thatheor she isthe
LEGAL CLERK,LegalNoticesofthe Miami DailyBusiness
Review f/k/a Miami Review,adaily(exceptSaturday,Sunday
and LegalHolidays)newspaper,published atMiamiinMiami-Dade
County,Florida;thatthe attached copyof advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 1/7/2014
in the XXXX Court,
was published in said newspaper inthe issues of
12/20/2013
Affiantfurther -^ssgtSrthe said MiamiDaily Business
Reviewisa newspaper published atMiamiin said Miami-Dade
County,Florida and that the said newspaper has
heretofore been continuously published in said Miami-DadeCounty,.
Florida,each day(except Saturday,Sunday and LegalHolidays)
and has been entered as second class mail matter atthe post
officeinMiamiinsaidMiami-DadeCounty,Florida,fora
periodof one year next preceding thefirstpublicationofthe
attached copyof advertisement;andaffiantfurther says thatheor
she has neither paidnor promised any person,firmor corporation
any discount,rebate,commission orrefundforthe purpose
ofsecuringthis adverji^errj^nt for publication inthesaid
newspaper.
(SEAL)
M.ZALDIVAR personally known to me
ffiffiwiwTfttMcflfehE
B.THOMAS
State ofFlorida
Comrn.Expires Nov 2.2017
Commission #FF 034747
National Notary Assn.
MIAMI DAILY BUSINESS REVIEW
PublishedDailyexceptSaturday,Sundayand
LegalHolidays
Miami,Miami-DadeCounty,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforetheundersignedauthoritypersonally appeared
M.ZALDIVAR,whoonoath says that heor she isthe
LEGAL CLERK,LegalNoticesoftheMiamiDaily Business
Review f/k/a Miami Review,a daily (exceptSaturday,Sunday
and LegalHolidays)newspaper,published atMiamiinMiami-Dade
County,Florida;thattheattachedcopyofadvertisement,
beingaLegal Advertisement ofNoticein the matter of
CITY OF SOUTH MIAMI
PUBLICHEARING-MARCH18,2014
in the XXXX Court,ne xxxx Court,
waspublishedinsaid newspaper inthe issues of
03/07/2014
Affiant furthersaysthatthesaid Miami Daily Business
Reviewisa newspaper published at Miamiin said Miami-Dade
County,Florida andthatthesaidnewspaperhas
heretofore been continuously published insaid Miami-Dade County,
Florida,eachday (except Saturday,Sundayand Legal Holidays)
andhasbeenenteredassecondclass mail matteratthepost
office in Miami insaid Miami-Dade County,Florida,fora
periodofoneyearnextprecedingthefirst publication ofthe
attached copy of advertisement;and affiant further saysthatheor
shehas neither paid nor promised any person,firm or corporation
any discount,rebate,commission or refund forthepurpose
of securing this advertisement fg^ublication in the said
newspaper.
jaridievideT^:^
MIAMI HERALD |MiamiHerald.com
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY giventhattheCityCommissionoftheCityofSouth Miami,Florida willconductPublicHearingts)atits
regular City Commission meeting scheduled forTuesday,March18,2014 beginning at7:00 p.m..intheCity Commission
Chambers.6130Sunset Drive,toconsiderthefollowingitem(s):
AResolutionrelatedtoarequestpursuanttoSection 20-3.4{B)(4)(b)oftheCityofSouthMiamiLandDevelopmentCode
lorSpecialUse Approval toexpandageneralrestaurant atS701Sunset Drive.ShopsatSunsetPlaceUnitA01A;
withinmeSpecialtyRetail"SR",HometownDistrictOverlay"HD-OV.
AResolutionauthorizingthe City Managertoenter Intoamulti-yearcontractwith Redftex TrafficSystems Inc.for providing
redlightenforcementcamerasandsupportatIdentifiedIntersectionswithinthe City ofSouthMiami.
AResolutionauthorizing Ihe CityManagertoenter Into athree(3)yearcontractwith South MiamiUnited F.C.Inc..forthe
managementofyouthsoccerprogramsatDownrite/SouthMiamiPark.
/An Ordinance amendingSection 4-2(a)oftheCityCodechangingdistancerequirements regarding alcoholsale
and service.)
AnOrdinanceamendingtheLandDevelopmentCode,Section 20-6.1 (8K2)(d)changingthetimeofthePlanning
Board meetings.
AnOrdinancerelatedtoarequestforazoningmapamendmenttotheCityofSouthMiamiofficialzoningmap,to
re-zonetheAgencyownedpropertyassemblagereferredtoasthe Marshall Williamsonproperties,folionumbers
09-4025-000-0850:09-4025-000-0852:and 09-4025-065-0090.fromacurrentzoningdesignationof "RS-4"
(Single-Family)tothe "RM-18"(LowDensity Multi-Family Residential)toallowforadditionalresidentialdwellingunits
withintheMadisonSquareMixed-Use Development Project
ALLinterestedpartiesareinvitedto attend andwillbeheard.
Forfurtherinformation,please ccntact theCityClerk'sOfficeat:305-653-6340.
MariaM.Menendez,CMC
CityClerk
Pursuant to FloridaStalutes 286.01OS.theCityherebyadvisesthepublic thai ifapersondecidestoappealanydecision mads bythisBoard,
AgencyorCommissionwithrespect to anymatterconsidered at Its meeting or hearing,heorshe wHlneederecordoftheproceedings,and
that forsuch purpose,affectedpersonmayneedtoensurethataverbatimrecordot theproceedings Is madewhichrecordIncludesthe
testimonyandevidenceuponwhichtheappealistobebased.
SE SUNDAY,MARCH 9,2014 |USE