Res. No. 201-07-12586I' 1 1 j
WHEREAS, currently there are 25 restaurants holding outdoor seating/dining permits;
and
WHEREAS, restaurants must adhere to and enforce standards set forth for restaurant
outdoor seating/dining in Land Development Code Sections 20-3.3(E) and 20-7.29; and
WHEREAS, there have been recent complaints to the City regarding the operation of many
of these restaurants; and
WHEREAS, it is important that restaurants applying for outdoor seating/dining
permits and those restaurants holding outdoor seating/dining permits clearly understand and
adhere to the standards in the Land Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
C.,OUTH MIAMI THAT:
SECTION 1. The City Manager is hereby directed to work with the Planning
Department to amend the current application for outdoor seating/dining permits in order to
clarify that failure to adhere to standards set forth in the Land Development Code and other
applicable State and Federal regulations may result in a suspension of the outdoor dining permit.
SECTION 2 That the City Manager's office and the Planning Department conduct
a meeting of representatives of all restaurants holding the outdoor seating/dining permit in order
to review the current standards and to advise that non-compliance with the standards could result
in enforcement activities and possible suspension of the permit.
SECTION 3. This Resolution shall become effective upon the date of its adoption
herein.
Res. No. 201-07-12586
-H
PASSED AND ADOPTED this day of 2007.
ATTEST:
Y CLERK
/&2 & (, ;)
MAYOR
Commis on Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
X:\Comm Items\2007\12-4-07\Outdoor Seating Application Amend Resolution.doc
4-0
absent
Yea
Yea
Yea
Yea
I.
CITY OF SOUTH MIAMI
INCORPORATED OFFICE OF THE CITY MANAGER 2001
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor Feliu and Members of the City Commission
BACKGROUND
Currently there are more than 25 restaurants holding outdoor seating/dining permits issued by the
City of South Miami (see attachment). Each permit holder must adhere to and enforce standards
set forth for restaurant outdoor seating/dining in Land Development Code Sections 20-3.3(E) and
20-7.29. The enforcement of these regulations is often difficult due to the hours of operation and
a lack of understanding of the specific standards. There have been a number of recent complaints
to the City regarding the operation of many of these restaurants holding the outdoor
seating/dining permit.
It is important that restaurants applying for outdoor seating/dining permits and those restaurants
holding outdoor seating/dining permits clearly understand and adhere to the standards in the Land
Development Code. For this reason, the attached resolution is being proposed so that the
Administration will take special steps to clarify the regulations for new applicants and to advise
current permit holders that non-compliance with the standards could result in enforcement
activities and possible suspension of the permit.
RECOMMENDATION
It is recommended that the attached resolution be approved.
Backup Documentation:
Draft Resolution
Permit Application
LDC Section 20-3.3(E-)
List of Permit Holders
JP/SAY
XAComm Items\2007\12-4-07\Outdoor Seating Application CM Report.doc
CITY OF SOUTH MIAMI
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Phone: 305.663.6326 or 6347; Fax: 305.666.4591
APPLICATION D •' DINING
Restaurant Name:
Address:
Applicant:
Address:
Applicant's signature
Property Owner's signature
Phone:
Date
Date
Phone:
South Miami, Florida
NOTICE
This permit is not transferable in any manner, and is strictly a conditional use permit issued for a period of one year,
renewable annually at time of occupational license renewal.
Fee: $250 annual fee for seating on public sidewalks ; fee waived for first year of operation. ( Ord. 21 -03 -1805)
If application is not a renewal, outdoor seating/dining area and use for the above restaurant must be approved by the City
Manager, as shown by signature on p.2, of this application.
All of the standards and regulations set forth in the Land Development Code Section 20- 3.3(E) or Section 20 -7.29 (if
located in the Hometown Zoning District), shall be applicable to an outdoor seating/dining area.
Check ifapplication is a renewal:
Materials to be submitted and attached hereto:
• outdoor seating/dining area plan Outdoor seatingldining area (in square feet):
• indemnity agreement Number of indoor seats :
• proof of insurance Number of outdoor seats proposed:
❑ adjacent property used for seatingldining area Address
(submit consent form)
City Manager's signature
Attachments:
Indemnittj Agreement
Ord. 16 -01 -1747
C: Building Department; Finance Department
Date
D:\Formsi0utdoor seating & dining appl.doc Rev. 3 -12 -04
PLANNING DEPARTMENT
818O SUNSET DRIVE
SOUTH MIAMI, FLORIDA S3143
305/683'6326
FAX OOO-4oB1 INCORPORAT
Outdoor Seating Locations in South Miami
1. Morning Call Bakery 5GG8SVV72Street
2. Seoa Game works 5701 SW 72 Street
3. Wrapido Sushi Maki 58121SW 72 Street
4.Caf6Pastis
731OS057Avenue
5.B|uPizzeria
7201 SVV5SAvenue
G. Deli Lane
7230SVVS0Avenue
7. K8ecabiCigonu
5861 SVV72Street
8. Sunset LarioeLLC
585SSVVY3Street
Q. Trattoria Sole
58Q48VV72Street
10. San Ge|ato Cof6
5701 SVV72 Street
11.SbarbuckaCoffee
57SGSVV72Street
12. Johnny Rockets
57O1S\N72Street
13. Einstein Bagels
5948 8O Dixie Hwy
14. Dan Marino's
5701 GVV72 Gtnaat
15.K8arhobaRestaurant
5701 SVV72Street
10, Town and Kitchen
7301SVVG7Court
17.K0 jitoGri||
73188VV57Avenue
18. Cheeseburger in Paradise 5701 SVV72 Street
18. Martini Bar
5701 8W72Street
2O.PaneraBread
57O18VV72Street
21.Chipot|e Mexican Grill
G2Q08o Dixie Hwy
22.-Qdoba Mexican Grill
5748GW72Street
23. 1900CAF�
5710SW40Street
24.Nora'e Natural Juice Bar 575OSVV4DStreet
25. Fox's Ghanon INN Corp.
GD3O8(] DIXIE Hwy
Hector Rabi
Occupational License Compliance Officer
X)Outdnnr Seating 8Dining\Listo[ Permits 11-2O-07doo
(E) Outdoor SeatinglDining for All Commercial Properties, except for Properties in the RO
Residential Ofrce Zoning District.
(1) An application must be filed, which shall include layout of all tables, chairs, benches,
and other furniture; pedestrian ingress and egress; location of refuse containers; and
other elements necessary to illustrate the proposed outdoor seating /dining use and
area (all drawings must be titled, indicate orientation, and be at an acceptable scale).
(2) Outdoor seating /dining areas and uses of the public right -of -way and/or any private
property may be approved, denied, or approved with conditions, modifications,
safeguards, or stipulations appropriately and reasonably related to the intent, pur-
poses, standards, and requirements of the related regulations by the City Manager.
Such permit shall not be transferable in any manner and is strictly a conditional use
permit, issued for a period of one year, renewable annually via payment of the annual
occupational license fee for such outdoor seating /dining uses.
(3) The fee for outdoor dining /seating use and area will be waived for the first year of
operation, and shall be charged annually in the amount of two hundred fifty dollars
($250.00); the permit fee shall be added to the occupational license fee for the main
business.
(4) The applicant shall provide an indemnity agreement that is acceptable to the city
manager. This agreement will include specification of liability insurance provided.
(5) The conditional use permitting of outdoor seating /dining use and area may be revoked
by the city manager upon finding that one or more conditions of these regulations have
been violated, or that the outdoor seating /dining area and use are being operated in a
manner that constitutes a public nuisance, or in any way that constitutes a reasonable
risk of potential liability to the city.
(6) Outdoor seating/dining use and area may be temporarily suspended by the city
manager for public use/purpose, utility, sidewalk or road repairs, emergency situa-
tions, or violations of provisions contained herein. The length of suspension shall be
Supp. No. 7 37
20 -3.3 SOUTH MIAMI LAND DEVELOPMENT CODE
determined by the city manager as necessary. Removal of all street furniture and
related obstructions shall be the responsibility of the owner /operator of the outdoor
seating /dining.
(7) Outdoor seating/dining area shall be kept in a neat and orderly appearance and shall
be kept free from refuse and debris. The applicant shall be responsible for daily
cleaning and sweeping of the outdoor seating /dining area and for the cleanliness and
maintenance of any outdoor planters immediately adjacent to the outdoor seating/
dining area. Cleaning shall include twice- monthly pressure cleaning or other appro-
priate cleaning methods, as determined by the city. Use of city sidewalks for trash and
garbage removal shall be prohibited.
(8) Outdoor seating/dining use and area shall not interfere with the free and unobstructed
pedestrian or vehicular circulation of traffic, public access to any street intersections,
crosswalks, public seating areas and conveniences, bus stops, alleys, service ease-
ments, handicap facilities, or access to any other commercial establishments. The
width and location of the sidewalk pedestrian passage shall be as follows:
(a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of
sidewalk must remain clear and unobstructed for pedestrian passage;
(b) If there is seating on two sides of the sidewalk, a minimum of six (6) feet of
sidewalk between the two seating areas must remain clear and unobstructed for
pedestrian passage.
'h
(c) All tables, chairs and umbrellas shall be located a minimum of 18 inches from the
curb.
(9) Outdoor seating /dining area on the public rights -of -way shall be open and unenclosed.
No building structures of any kind shall be allowed m and over any portion of the
outdoor seating /dining area located on public property.
(10) Tables, chairs and all other furniture used in the operation of an outdoor seating/
dining area on the public rights -of -way shall not be anchored or restrained in any
manner. Individual table umbrellas, planters, or other such non - stationary elements
may be permitted within the outdoor seating /dining area and where applicable, shall
have a minimum clearance height of seven (7) feet above the sidewalk.
(11) Outdoor seating /dining use and area on public rights -of -way shall be restricted to the
length of the sidewalk or public right -of -way immediately fronting the cafe or other
establishment. The utilization of space extending on one adjacent side beyond the
subject property frontage may be authorized subject to annual written consent
provided by the property owners in front of whose properties the outdoor seating/
dining service would occur. The annual written consent form shall be provided to the
city and shall include an insurance policy naming the city as co- insured and a hold
harmless clause in favor of the city.
(12) Outdoor seating/dining area shall be at the same elevation as the adjoining sidewalk
or public right -of -way.
Supp. No. 7 38
ZONING REGULATIONS 20 -3.4
(13) Carts and trays for serving food are permitted in the outdoor seating(dining area.
(14) Outdoor seating/dining use and area shall not be provided with amplified sound of any
land.
(15) The maximum number of outdoor seats shall not exceed eighty (80) percent of the
number of indoor seating, except for restaurants with indoor seating of twenty-five(25)
seats or less, which may have outdoor seats not to exceed one hundred (100) percent of
the number of indoor seats.