23South Miami
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER °
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Roger M. Carlton, Acting City Manager 09&Z___
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: March 16, 2010 ITEM No.
Subject:
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida amending the South Miami Code of Ordinances by
amending Chapter 4, Alcoholic Beverages Article 1, Section 4 -2
entitled "Distance requirements; nonconforming use; certificate of
occupancy "; in order to modify the spacing requirements between
restaurants that serve beer and wine and residential uses for certain
nrcmerties located on Red Road (SW 57 Ave.) between SW 66 Street
and South Dixie HighwM; providing for severability; providing for
ordinances in conflict; and providing for an effective date.
BACKGROUND
The South Miami Code of Ordinances sets forth in Section 4 -2 a required distance
between establishments which sell or serve alcoholic beverages and residential uses. The
same Section 4 -2 provides an exception to the residential distance requirement for
properties located in the Hometown Zoning District and for properties located along Bird
Road and South Dixie Highway. The City has been requested by two separate property
owners in the vicinity of Red Road, to consider expanding the exception area to include
restaurants in Planned Unit Development -Mixed Use Districts and to properties adjacent
to Red Road (SW 57 Avenue) between SW 66 Street and South Dixie Highway. Attached
are separate communications from the two businesses, Red Road Commons and Pizza
Rustica, both indicating the proposed wording of a City Code amendment. The proposed
draft ordinance prepared by the Administration is an amendment to the wording in
Section 4 -2 of the City Code.
SPECIFIC AREAS IMPACTED
(1) The properties affected would be restaurants located within the Red Road Commons
project, which was built under a PUD -M zoning district. This request, made by property
owner RRC 57 Avenue LLC, would permit beer and wine to be served at restaurants
within the development's retail space. The Red Road Commons Development is located
within 500 feet of residential uses. It is the property owner's position that a Planned Unit
Development Mixed Use project is designed as a compact development providing
comfort and convenience for occupants and should be allowed to provide dining
opportunities with limited alcoholic beverage service within their communities.
(2) A second property owner, Pizza Rustica, in the same vicinity has also approached the
City requesting an exception to the distance requirement in order to allow the new
restaurant to also serve beer and wine. The restaurant is located at 5712 Red Road a
major arterial street and is in the industrial zoning district Transit Oriented Development
District Light Industrial -4 (TODD- LI -4). It is within 500 feet of residential uses. The
property owner has stated that this restaurant should be allowed to provide limited
alcoholic beverage service for area workers, residents and visitors.
PROPOSED LEGISLATION
The requests to be exempted from the distance requirement can be justified based upon
the type of zoning district (PUD -M which encourages internal uses for residents) and the
industrial zoning located on a major arterial street. The current regulations already
provide this exemption for properties located on Bird Road and S.Dixie Highway. The
approval of an addition to the exempted areas should be limited to a specific defined
geographic area only and should allow beer and wine only in conjunction with a full
service restaurant. The exemption can be provided by amending Section 4- 2(a)(3) which
is the footnote appearing under the distance chart. The amendment would read as follows:
(new wording in bold/underlined)
"* The spacing between residential properties and restaurants, bar /lounge
and nightclub does not apply within the Hometown District, as well as
adjacent residential property outside of the Hometown District, and does
not apply to spacing between beer and wine uses and residential uses
(on -site or off -site) for approved PUD -M developments or to properties
adjacent to Red Road (SW 57 Avenue) between SW 66 Street and South
Dixie Highway where restaurants are permitted and when the beer and
wine uses are within and ancillary to a restaurant which serves cooked
full course meals prepared on the premises."
RECOMMENDATION
It is recommended that the attached draft ordinance be approved on first reading.
Attachments:
Draft Ordinance
Communication from J. Proctor for Wood Properties
Communication from Pizza Rustica
TJY /SAY
X -IComm ltems120M3- 16 -MCity Code Amend Chap 4 Liquor Distance CM Report.doc
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida amending the South Miami Code of Ordinances by amending
Chapter 4, Alcoholic Beverages Article 1, Section 4 -2 entitled "Distance
requirements; nonconforming use; certificate of occupancy'; in order to
modify the spacing requirements between restaurants that serve beer and
wine and residential uses for certain properties located on Red Road (SW 57
Ave.) between SW 66 Street and South Dixie Highway: providing for
severability; providing for ordinances in conflict; and providing for an
effective date.
WHEREAS, City Code Section 4 -2 sets forth a required distance between establishments
which sell or serve beer and wine and residential uses; and
WHEREAS, the same Section 4 -2 provides an exception to the residential distance
requirement for properties located in the Hometown Zoning District and for properties located
along Bird Road and South Dixie Highway; and
WHEREAS, Planned Unit Development Mixed Use (PUD -M) projects are designed to
be compact developments which provide for the comfort and convenience of occupants and
should be allowed to provide dining opportunities with limited alcoholic beverage service within
their communities; and
WHEREAS, other restaurants located on major arterial streets in the industrial zoning
district Transit Oriented Development District Light Industrial -4 (TODD -LI -4) should be
allowed to provide limited alcoholic beverage service for area workers, residents and visitors;
and
WHEREAS, the area of Red Road (SW 57 Ave.) between SW 66 Street and South Dixie
Highway contains restaurants which are located and permitted in a Planned Unit Development
Mixed Use (PUD -M) and in an industrial zoning district (TODD -LI -4) and should be exempt
from the distance requirement from residential property as set forth in City Code Section 4 -2.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby approves amending Chapter 4 of the City's Code of
Ordinances entitled "Alcoholic Beverages" by making the following amendment:
Chapter 4 ALCOHOLIC BEVERAGES
ARTICLE. I. IN GENERAL
Sec. 4 -2. Distance requirements; nonconforming use; certificate of occupancy.
(a) Distance requirements.
1 2
2
3 (1) Distance from a church, school, or residential property shall be measured by following a
4 straight horizontal line from the nearest point of the property line of the property on which the
5 proposed licensed establishment is to be located to the nearest point of the property line of a
6 church, school or residential property.
7
8 (2) In all other cases, distance shall be measured by following a straight horizontal line from the
9 nearest point of the perimeter wall of the proposed establishment to the nearest point of the
10 perimeter wall of the existing establishment.
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12 (3) No premises shall be used for the sale of alcoholic beverages where the proposed licensed
13 establishment is located less than the distance in feet from another use as indicated in the
14 following chart:
15
Spacing
Required
Church
Residential
Restaurant
Bars/
Night
Grocery
Super
Package
Gift
Nonconfor
ming
(feet)
;
Lounges
Clubs
Market
Baskets
Uses
Restaurants
500
500
Bar/Lounge
500
500
Nightclub
500
500
Grocery
500
Store
Super
500
Markel
Package
500
500
Store
Gift Basket
Nonconfor
ming Uses
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17 * The spacing between residential properties and restaurants, bar /lounge and nightclub does not
18 apply within the Hometown District, as well as adjacent residential property outside of the
19 Hometown District, and does not apply to spacing between beer and wine uses and
20 residential uses (on -site or off -site) for approved PUD -M developments or to properties
21 adjacent to Red Road (SW 57 Avenue) between SW 66 Street and South Dixie Highway
22 where restaurants are permitted and when the beer and wine uses are within and ancillary
23 to a restaurant which serves cooked full course meals prepared on the premises.
24
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26 (4) Exceptions from the aforementioned distance requirements from residential. Premises
27 located in zoning districts which permit restaurants and which are located along Bird Road and
28 U.S. 1 (South Dixie Highway) may serve wine and beer as part of an approved restaurant use
29 where no bar is provided, where food is served in conjunction with alcoholic beverages within or
30 upon the premises at approved seating only, and where a permanent, opaque buffer is provided
31 between the premises and any and all adjoining properties which are zoned residential. Distance
32 requirements from churches and schools shall be observed for all properties along Bird Road and
33 U.S. 1 (South Dixie Highway).
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Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 3. 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 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
day of , 2010
APPROVED:
CITY CLERK MAYOR
lst Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley
Commissioner Harris:
X: \Comm Items\2010\3 -16 -10 \City Code Chap 4 Amend Liquor Distance Ord.doc
B117in. Sum berg
AI TORN E Y /,T L/. VV '
Jerry B. Proctor, Esq.
70 305.350.2361
Fax 305.351.2250
Jproctor @ bilzin,dom
February 18, 2010
Via E -Mail & US Mail
Mr. Thomas Vageline, Planning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: "Red Road Commons" Development
Proposed Ordinance Amending Code of Ordinances, City of South Miami
Dear Mr. Vageline:
Our firm represents Wood Partners, owner of the mixed -use project at the southwest
corner of SW 66 Street and Red Road commonly known as "Red Road Commons" (the
"Development "). As you know, the Development consists of 404 multi - family residential units
and approximately 10,000 sq. ft of commercial space.
Please accept the attached proposed amendment to Section 4 -2 of the City of South
Miami's Code of Ordinances.
Current regulations in the City's Code of Ordinances requires physical separation of 500'
between certain land uses and churches or residential developments. Land uses affected
include restaurants, bars and lounges, nightclubs, grocery stores, supermarkets, and package
stores.
The City's Comprehensive Plan encourages a mixture of uses in close proximity to one
another, including the provision of residential dwellings in close proximity to convenience retail
services and other commercial services. This proximity is especially encouraged in areas close
to mass transit systems, such as Metrorail, to encourage a reduction in vehicle trips and a
reduction in dependence upon the automobile.
The attached Ordinance provides an exception to the City's spacing requirements
between residential properties and certain dining establishments, similar to the existing
provisions exempting those requirements in the Hometown District. This proposed amendment
limits the waiver of spacing regulations to properties between SW 66 Street and South Dixie
Highway, adjacent to Red Road (SW 57 Avenue). The amendment further restricts the spacing
M"12072761.1 7743027649
2/1&/10
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 306.374.7580 Fax 305.374.7593 nw;w.bi;IJO �:o:r�
Thomas Vagellne, Planning Director
City of South Miami
February 18, 2010
Page 2
waiver to properties where restaurants are permitted and where alcoholic beverage service will
be within and ancillary to a restaurant which serves cooked, full course meals daily prepared on
the premises.
We respectfully request your support of this Ordinance. Thank you.
_..
Sincerely,,,,....
Jerry B. Proctor
JBP: id
cc: Laurence Feingoid, Esq., City Attorney (w /enci.)
Jay Jacobson (w/ encl.)
Jim Kelly (w/ encl.)
MIAMI 2072761.1 7743027649
2 /18110
r BILZIN SUMBERG BAENA PRICE G AXELROD LLP
We would like to request that an amendment to the City Code be introduced
for consideration which would allow for an additional exception to Chapter 4:.
Alcoholic Beverages, Section 4.2(4) of the City Code.
The proposed language would add the words "or along Red Road" following
(South Dude Highway) in two places in the paragraph and add the language
"located within city limits" after churches or schools.
EXISTING PARAGRAPH
Exceptions from the aforementioned distance requirements from residential. Premises located
in zoning districts which permit restaurants and which are located along Bird Road and U.S. 1
(South Dixie Highway) may serve wine and beer as part of an approved restaurant use where no
bar is provided, where food is served in conjunction with alcoholic beverages within or upon
the premises at approved seating only, and where a permanent, opaque buffer is provided
between the premises and any and all adjoining properties which are zoned residential.
Distance requirements from churches and schools shall be observed for all properties along
Bird Road and U.S- 1(South Dixie Highway).
PROPOSED NEW PARAGRAPH (additions highlighted)
Exceptions from the aforementioned distance requirements from residential. Premises located
in zoning districts which permit restaurants and which are located along Bird Road and U.S. 1
(South Dixie Highway) or along Red !toad, may serve wine and beer as part of an approved
restaurant use where no bar is provided, where food is served in conjunction with alcoholic
beverages within or upon the premises at approved seating only, and where a permanent,
opaque buffer is provided between the premises and any and all adjoining properties which are
zoned residential. Distance requirements from churches within city limits and schools shall be
observed for all properties along Bird Road and U.S. 1 (South Dixie Highway) or along Red Road_
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