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Res. No. 150-08-12747I' i i.. ! 1 dMftzlw WHEREAS; Land Development Code Sections 20- 3.3(E) and 20 -7.29 provides regulations governing outdoor seating /dining permits; and WHEREAS, and the Planning Board, the City Commission and City Administration have responded to concerns related to conditions existing in current outdoor seating/dining areas by producing an ordinance which amends certain provisions contained in the Land Development Code; and WHEREAS, the Mayor and City Commission are in the process of adopting an ordinance which will amend Land Development Code (LDC) Section 20- 3.3(E) in order to establish new and updated regulations for permitting outdoor restaurant and seating / dining; and WHEREAS, revised LDC Section 20 -3.3 (E) contains a provision which states that fees to be charged for outdoor seating shall be set forth in a resolution or ordinance to be adopted by the City Commission. WHEREAS, the City Commission at its August 5, 2008 meeting adopted Resolution No. 134- 08 -12731 establishing specific fees for permits allowing outdoor seating /dining ,and: WHEREAS, the City Commission at its August 27, 2008 meeting detennined that the fees for permits allowing outdoor seating /dining should be adjusted and directed that a revised resolution be placed on the next agenda. .!NI 1, . Section 1. The fee for outdoor dining /seating use and area will be charged annually in the amount of $25 for each outdoor seat located on public rights -of -way and $520 for any stand alone table top with no seating which is used for consumption of beverages or food which is located on public rights -of -way. The annual fee for each outdoor seat shall be automatically increased by $10 each year until the fee for each outdoor seat is $65. An annual fee of $250 shall be charged for all outdoor dining /seating use permits using private property. Section 2. City Commission Resolution No. 134 -08 -12731 adopted by the Commission on August 5, 2008 is hereby repealed. 1 Res. No. 150-08-12747 N, Section 3. This resolution shall be effective immediately after the adoption hereof. 44 PASSED AND ADOPTED this = day of '2008 YCLERK CIT ORNEY XACornm Items\2008\9-2-08\Outdoor seating Fee Revised 2 ResoLdoc N MAh'OR COMMISSION VOTE: 3-1 Mayor Feliu: Yea Vice Mayor Beasley: Nay Commissioner Wiscombe: Yea Coinmissioner Palmer: absent Commissioner Beckman: Yea RESOLUTION NO. 134-08-12731 lace.o. iii A i WHEREAS; Land Development Code Sections 20-3.3(E) and 20-7.29 provides regulations governing outdoor seating/dining permits; and WHEREAS, and the Planning Board, the City Commission and City Administration have responded to concerns related to conditions existing in current outdoor seating/dining areas by producing an ordinance which amends certain provisions contained in the Land Development Code; and . WHEREAS, the Mayor and City Conunission have adopted an ordinance which will amend Land Development Code' (LDC) Section 20-3.3(E) in order to establish new and updated regulations for permitting outdoor restaurant and seating dining; and WHEREAS, revised LDC Section 20-3.3 (E) contains a provision which states that fees to be charged for outdoor seating shall be set forth in a resolution or ordinance to be adopted by the City Commission. L� NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The fee for outdoor dining/seating use and area will be a!- 4*..r charged annually in the amount of $65 for each outdoor seat located on public rights-of-way and $520 for any stand alone table top with no seating which is used for consumption of beverages or food which is located on public rights-of-way. An annual fee of $250 shall be charged for all outdoor dining_/seatln6 use permits using private property. Section 2. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 5h day of August, 2008 CITY CLERK CITY-A-T EY APPROVED: MAYOR COMMIS ON VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beekman: 4-0 Yea Yea absent Yea Yea