14South Miami
_,1.td
AII·Amellca City
~IIII.'
2001
CITY OF SOUTH MIAMI
To: Honorable Mayor & Commission
Thru: Hector Mirabile, PhD ;(/1
City Manager I' 7
From: Christopher Brimo, AIC/,;rt
Planning Director e;y
Applicant: City of South Miami
Date: September 20, 2011
Re: LDC Amendment to define
"Ice Cream Parlor" & Amend the
Gw,rnl R,d._ID,fin'" .. / J./
An ordinance amending Section 20-2.3, Definitions of the Land Development Code to
include a new definition for Ice Cream Parlors, and providing standards for seating
requirements within these uses; and amending the general definition of Restaurants.
SUMMARY OF REQUEST
The Planning and Zoning Department is undertaking a program to update, clarify, and
improve the provisions of the City's Land Development Code to address inconsistencies
within the document.
Over the past two months the Department has received requests from businesses licensed
as ice cream parlors to have seating in their establishments. The permitted use schedule
of the Land Development Code (LDC) permits "confectionary or ice cream parlor" by
right within the NR, SR, OR and TODD zoning districts. However, this use is not
specifically defined in the current LDC, and has not historically been considered a
"restaurant" use by the Planning & Zoning Department. As such, a mechanism to allow
seating in ice cream parlors has been dependant on individual Director's interpretation,
and somewhat inconsistent. It is important to note that ice cream parlors are currently not
required to go through the special use permit approval process similar to restaurant uses.
Staff is proposing the City Commission amend the definitions section of the LDC to
include a definition for "ice cream parlors", and modify the current definition for
"restaurants". It is not the intent of this proposal to change the permitted use schedule and
allow these uses in districts not already permitted, or change the general zoning and
building code requirements. The proposed definition is based on a traditional
neighborhood ice cream parlor use, and is not intended to address those ice cream parlors
that may also offer other food items, such as a Swensen's. These types of uses will
continue to be covered under the restaurant category. Staff is also proposing the
P
S
COND
PARK
X
inclusion of a modest seating allowance as a part of the definition; it is felt that applying
a seating allowance for this use would be appropriate given their low intensity, low
impact to the surrounding areas and the pedestrian nature of these smaller businesses.
Parking requirements for ice cream parlor uses is I space per ISO square feet of gross
floor area; parking requirements for restaurants is I space per 100 square feet of gross
floor area.
SECTION 20-3.3(0) PERMITTED USE SCHEOULE (Existing)
= PERMITTED BY RIGHT
= PERMITTED AS SPECIAL USE
= SPECIAL USE CONDITIONS (See Section 20-3.4)
= PARKING REQUIREMENTS (See Section 20-4.4(B» .
= No conditions were adopted
USE TYPE ZONING DISTRICT
R R R R R R R L R R L M N S G T T T T T H P P
S S S S S T T R M 0 0 0 R R R 0 0 0 0 0 I R
1 2 3 4 5 6 9 M 2 D D D D D
1 4 D D D D D
8
M M L P P
U U I I R
4 5 4
Confectionery S S P P P P P P
or Ice Cream
Parlor
This item was presented to the Planning Board for review and recommendation at their
August 30, 2011 regular meeting. After considerable debate the Board recommended that
a total of ten (10) seats, whether inside or outside, be allowed for uses that met the
definition of an "ice cream parlor", without the requirement of having to go through the
special use permit approval process. The motion passed by a vote of 6/1, [Dundorf -"no"
he felt the number of seats should be increased].
Additionally, current regulations allow businesses with permitted indoor seating may
apply to the City Manager for outdoor seating within the public right-of-way. The current
outdoor seating requirement allows businesses with less than twenty-five (25) interior
seats may apply for the sa..'1le number of seats outside as they have inside. Under this
proposed LDC revision, uses classified and licensed as an ice cream parlor may apply for
outdoor seating, however the business may not exceed a total of ten (10) seats specified
in the definition. The current annual licensing fees for seating would also apply to these
uses. Those uses that do not meet the proposed definition will be required to apply
under the special use permit application process as a restaurant.
Z:\Comm Items\201l\9·20·11\Icc Cream Parlor LDe rev\LDC Amendment_Ice Cream Parlor_eM Report 9-20-1 Ldoc Page 2 of3
C P
0 A
N R
0 K
16 8
Proposed Amendments
ARTICLE II. DEFINITIONS
Section 20-2-3 Definitions
Ice cream parlors: where ice cream, frozen yoghurt and other frozen confections and
beverages are sold to the public, and are generally served in disposable containers for
immediate consumption on or off the premises, which have no more than 10 seats
whether inside or outside. Any ice cream parlor having more than 10 seats whether inside
or outside shall be treated as a restaurant.
Restaurant, general: Shall mean an ice cream parlor with more than 10 seats, whether
inside or outside. as well as an establishmefit a business engaged in w£ere the prineipal
business in the sale of food and beverages prepared, served. and consumed primarily on
the premises of the business, to the eustomer ia a ready to eoasume state and where the
design or principal method of operation consists of 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.
RECOMMENDATION
Staff recommends that the City Commission consider the proposed amendments to the
City's Land Development Code, and adopt the amendments on first reading.
Z:\Comm ltems12011 \9-20-1 nIce Cream Parlor LDe rev\LDC Amendment_lee Cream Parlor_eM Report 9-20-Il.doc Page 3 of3
1 ORDINANCE NO. _____ _
2
3 An ordinance of the Mayor and City Commission, amending section 20-2.3, Definitions
4 of the Land Development Code to include a new definition for Ice Cream Parlors, and
5 providing standards for seating requirements within these uses; and amending the
6 general definition of Restaurants.
7
8
9 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a program
10 to update, clarifY, and improve the provisions of the City's Land Development Code; and
11
12 WHEREAS, the Planning & Zoning Department received several requests to allow seating in Ice
13 Cream parlors, and
14
15 WHEREAS, the "Hometown Plan" Area I study recommended "restaurants (with or without
16 outdoor dining) should, except in certain pre-designated areas, remain a special exception use
17
18 WHEREAS, the City's Land Development Code does not currently define Ice Cream Parlors or
19 provide guidelines for seating, and
20
21 WHEREAS, after review and consideration, the Planning and Zoning Department has recommended
22 amending Sections 20-2.3 of the Land Development Code pertaining to the Definitions, to specifically
23 define "Ice Cream Parlors" and provide standards for seating within these establishments, and
24
25 WHEREAS, after review and consideration, the Planning and Zoning Department determined that
26 the intensity of use of an Ice Cream Parlor is less intense than a Restaurant use, and
27
28 WHEREAS, restaurants are required to go through the Special Use review and approval process, Ice
29 Cream Parlors could be approved after review and determination by the Planning & Zoning Department
30 that the use does not constitute a Restaurant, and thereby would not necessitate a special use review, and
31
32 WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and
33 enact the aforesaid amendment.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
36 THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1. That Section 20-2.3, "Definitions," of the South Miami Land Development Code is
39 hereby amended to read as follows:
40
41 ARTICLE II. DEFINITIONS
42
43 Section 20-2-3 Definitions
44
45 Ice cream parlors: where ice cream, frozen yoghurt and other frozen confections and beverages are sold
46 to the public, and are generally served in disposable containers for immediate consumption on or off the
47 premises, which have no more than 10 seats whether inside or outside. Any ice cream parlor having more
48 than 10 seats whether inside or outside shall be treated as a restaurant.
49
Z:\Comm Items\201 1\9-Z0-1 I \Ice Cream Parlor LDC revIPB-II-OZ6 lee Cream Parlor Ord Proposed LDC Amendment_8-30-11
with CA changes (2).doc
Page I
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
Restaurant, general: Shall mean an ice cream parlor with more than 10 seats. whether inside or outside.
as well as afl establishment a business engaged iR ';mere the j3flReij'lallmsiRess in the sale of food and
beverages prepared. served. and consumed primarily on the premises of the business. to the 6llstomer iR a
ready to eORSml'le state and where the design or principal method of operation consists of 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.
Section 2. 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 3: Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this day
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
_____ ,2011
APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Z:\Comm ltems\20 11\9-20-11 \Ice Cream Parlor LDC revIPB-II-026 Ice Cream Parlor Ord Proposcd LDC Amendment_8-30-ll
with CA changes (2).doc
Page 2