Ord. No. 16-01-1747ORDINANCE NO.16-01-1747
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST TO
AMEND LAND DEVELOPMENT CODE SECTION 20-3.3(E)ENTITLED
"OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES,
EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE
ZONING DISTRICT."AND SECTION 20-7.29 ENTITLED "OUTDOOR
SEATING/DINING USES AND AREAS"IN ORDER TO AMEND THE
REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR
SEATING FOR RESTAURANTS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,thePlanningandZoningDepartmenthasinitiatedaprogramtoupdate,clarify,
andimprovetheprovisions of the City's LandDevelopmentCodeandtoupdateprovisions of
theCity'sLand Development Code;and
WHEREAS the Planning Boardhasexpressedconcernthatthecurrentstandardsgoverning
outdoorseating/diningareasforrestaurants,containedinLand Development CodeSection20-
3.3(E),andSection20-7.29both require additional standardsinordertolimitthenumberand
location of seating,require aspecificwidth of unobstructed pedestrian passage;to require
maintenanceandcleaning of outdoorseatingareas;toprotectpedestriansfrominjury;andto
requireinsuranceandaholdharmlessclause;and
WHEREAS,the Planning andZoning Department hasreviewedthesubject regulations and
has prepared anordinanceamendingLDCSection 20-3.3(E)andLDCSection20-7.29inorderto
providetheadditional requirements and standards;and
WHEREAS,atitsMay29,2001 meeting,afterpublic hearing regarding the proposed
amendmentstoSections 20-3.3(E)and20-7.29 of theLandDevelopmentCode,the Planning
Boardvoted5-2to recommend approval of the proposed amendments totheCity Commission;
and
WHEREAS,theCity Commission desires toacceptthe recommendations of the Planning
Board and enact the aforesaid amendments.
NOW,THEREFORE,BEIT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 20-3.3(E)of theSouthMiamiLand Development Codeis
herebyamendedtoreadasfollows:
Section 20-3.3 Permitted Use Schedule
(E)Outdoor Seating/Dining forAll Commercial Properties,except for Properties in the RO
Residential Office Zoning District
(1)An applicationmustbefiled,which shallincludelayout of alltables,chairs,benches,andother
furniture;pedestrian ingressandegress;location of refuse containers;andother elements
necessarytoillustratetheproposedoutdoor seating/dining useandarea(alldrawingsmustbe
titled,indicateorientation,andbeatanacceptablescale).
(2)
(2)Outdoorseating/diningareasanduses of thepublicright-of-way and/or anyprivatepropertymay
be approved,denied,orapprovedwithconditions,modifications,safeguards,orstipulations
appropriatelyandreasonablyrelatedtotheintent,purposes,standards,and requirements of the
relatedregulationsbytheCityManager.Suchpermitshallnotbetransferableinanymannerand
is strictly aconditionaluse permit,issuedforaperiod of oneyear,renewableannuallyvia
payment of theannual occupational licensefeeforsuchoutdoorseating/dininguses.
(3)The feeforoutdoordining/seatinguseandareawillbewaivedforthe first year of operation,and
shallbechargedannuallyintheamount of twohundredfiftydollars($250.00);thepermitfee
shallbeaddedtotheoccupationallicensefeeforthemainbusiness.
(4)The applicantshallprovidean indemnity agreementthatisacceptabletothecitymanager.This
agreement will include specification of liabilityinsurance provided.
(5)The conditionalusepermitting of outdoorseating/dininguseandareamayberevokedbythecity
manageruponfindingthatoneormoreconditions of theseregulationshavebeenviolated,orthat
theoutdoorseating/diningareaandusearebeingoperatedinamannerthatconstitutesapublic
nuisance,orinanywaythatconstitutesareasonablerisk of potentialliabilitytothecity.
(6)Outdoor seating/dining useandareamaybetemporarilysuspendedbythecitymanagerforpublic
use/purpose,utility,sidewalkorroad repairs,emergencysituations,orviolations of provisions
containedherein.Thelengtli of suspensionshallbedeterminedbythecitymanagerasnecessary.
Removal of allstreetfurnitureandrelatedobstructionsshallbetheresponsibility of the
owner/operator of theoutdoor seating/dining.
(7)Outdoorseating/dining area shallbekeptinaneatandorderly appearance andshallbekept free
fromrefuseanddebris.Theapplicantshallberesponsiblefordailycleaningandsweeping 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 cleaningorother appropriate cleaning methods,asdeterminedbvthe Citv.Use of City
sidewalksfortrashand garbage removalshallbeprohibited.
(8)Outdoorseating/dininguseand area shallnot interfere withthefreeand unobstructed pedestrian or
vehicularcirculation of traffic,publicaccesstoanystreetintersections,crosswalks,publicseating
areasandconveniences,busstops,alleys,serviceeasements,handicapfacilities,oraccesstoany
other commercial establishments.The width andlocation of the sidewalk pedestrian passageshall
be as follows:isto bo determined bv the city's planning division.
a)If thereisseatingononeside of the sidewalk,a minimum of five (5)feet of sidewalkmust
remain clearand unobstructed forpedestrianpassage:
b)If thereis seating ontwosides of the sidewalk,a minimum of six (6)feet of sidewalk between
thetwoseatingareasmustremainclearandunobstructedforpedestrianpassage."
c)All tables,chairs and umbrellas shallbe located a minimum of 18 inches from the curb.
(9)Outdoor seating/dining areaonthepublic rights-of-way shallbeopenand un-enclosed.No
building structures of any kind shallbeallowedinandoveranyportion of theoutdoor
seating/dining arealocatedonpublicproperty.
(3)
(10)Tables,chairsandallotherfurnitureusedintheoperationofanoutdoor seating/dining areaonthe
publicrights-of-wayshallnotbeanchoredorrestrainedinanymanner.Individualtableumbrellas,
planters,orothersuchnon-stationaryelementsmaybepermittedwithintheoutdoorseating/dining
area and where applicable,shall have a minimum clearance height of seven (7)feet above the
sidewalk.
(11)Outdoor seating/dining useandareaonpublicrights-of-wayshallberestrictedtothelengthofthe
sidewalkorpublic right-of-way immediately frontingthecafeorotherestablishment.The
utilization of spaceextending on-ekhef oneadjacentsidebeyondthesubjectpropertyfrontage
maybeauthorizedsubjecttoannualwrittenconsentprovidedbythepropertyownersinfrontof
whose properties theoutdoor seating/dining servicewouldoccur.The annual written consent form
shallbeprovidedtotheCitvandshallincludean insurance policy naming theCitvas co-insured
and a hold harmless clause in favor of the Citv.
(12)Outdoor seating/dining areashallbeatthesame elevation asthe adjoining sidewalkorpublic
right-of-way.
(13)Cartsandtraysforservingfoodarepermittedintheoutdoor seating/dining area.
(14)Outdoor seating/dining useandareashallnotbeprovidedwithamplifiedsoundofanykind.
(15)The maximum number of outdoor seats shall not exceed 80%of the number of indoor seating,
except for restaurants with indoor seating of 25seatsor less,which mayhave outdoor seats notto
exceed 100%of Uie number of indoor seats.
Section 2 That Section 20-7.29 of theSouthMiamiLand Development Codeishereby
amended to read as follows:
Hometown District Overlay Zone
Section 20-7.29 Outdoor seating/dining uses and areas.
(A)An application maybeacceptedforanyproposedsitingofoutdoor seating/dining usesandareasforany
propertywithintheHometownDistrict,including,butnotlimitedto,thoseareaswhicharedesignatedas
pre-approved on die Regulating Plan.An application mustbefiled,which shallincludethelayoutofall
tables,chairs,benchesandotherfurniture;pedestrianingressandegress;locationofrefusecontainers;and
other elements necessaryto illustrate theproposedoutdoor seating/dining use and area (all drawings must
betitled,indicate orientation,andbeatanacceptablescale).
(B)Outdoor seating/dining areasandusesofthepublicright-of-way and/or anyprivatepropertymaybe
approved,denied,or approved withconditions,modifications,safeguards or stipulations appropriately and
reasonablyrelatedtothe intent,purposes,standards and requirements of the related regulations,bytheCity
Manager.Such permit shallnotbe transferable inanymanner,andis strictly a conditional use permit,
issuedforaperiodofoneyear,renewableannuallyviapaymentoftheannualoccupationallicensefeefor
the outdoor seating/dining use.
(C)Thefeeforoutdoordining/seatingusesandareas will bewaivedforthefirstyearofoperationofthe
subjectproperty,andshallbe charged annually inthe amount of $250;the permit feeshallbeaddedtothe
occupational license feeforthemainbusiness.
(D)TheapplicantshallprovideanIndemnityAgreement,whichisacceptabletotheCityManager.This
agreement willincludespecificationofliabilityinsuranceprovided.
(4)
(E)The conditional use permitting of outdoor seating/dining usesandareasmayberevokedbytheCity
Manageruponfindingthatoneormoreconditions of theseregulationshavebeenviolated,orthatthe
outdoor seating/dining areaandusearebeingoperatedina manner which constitutes apublicnuisance,or
inanyway constitutes areasonablerisk of potentialliabilitytotheCity.
(F)Outdoor seating/dining usesandareasmaybetemporarilysuspendedbytheCityManagerforpublic
use/purpose,utility,sidewalkorroad repairs,emergencysituationsorviolations of provisionscontained
herein.Thelength of suspensionshallbedetenninedbytheCityManagerasnecessary.Removal of all
streetfurnitureandrelatedobstructionsshallbetheresponsibility of theowner/operator of theoutdoor
seating/dining.
(G)Outdoorseating/dining areas shallbekeptinaneatandorderly appearance andshallbekeptfreefrom
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
appropriate cleaning methods,as determined bv the Citv.Use of Citv sidewalks for trash and garbage
removalshallbeprohibited.
(H)Outdoor seating/dining usesand areas shall not interfere withthe free and unobstructed pedestrian or
vehicular circulation of traffic,public access toany street intersections,crosswalks,public seating areas
and conveniences,busstops,alleys,service easements,handicap facilities or access to commercial
establishments.Thewidthandlocation of thesidewalkpedestrianpassageshallbeas follows:istobo
determinedbythe Building,Zoning and Community DovolopmontDepartment.
(a)Ifthereis seating ononesideofthe sidewalk,aminimumoffive (5)feet of sidewalk must remain
clear and unobstructed for pedestrian passage:
(b)If there is seating ontwo sides ofthe sidewalk,a minimum ofsix (6)feet of sidewalk between the
two seating areas must remain clear and unobstructed for pedestrian passage."
(c)All tables,chairsand umbrellas shallbe located aminimum of 18inchesfromthe curb.
(I)Outdoor seating/dining areas shall beopenand unenclosed.Nobuilding structures ofanykind shall be
allowedinandoveranyportionofthe outdoor seating/dining area located onpublic property,exceptas
allowedbySections20-7.7through 20-7.11.
(J)Tables,chairsandallother furniture usedinthe operation ofanoutdoorseating/diningareashallnotbe
anchored or restrained inany manner.Individual table umbrellas,planters orothersuch non-stationary
elements maybe permitted withinthe outdoor seating/dining area,andwhere applicable,shall havea
minimum clearance height of seven (7)feet above the sidewalk.
(K)Outdoorseating/diningusesand areas shallbe restricted tothelength of thesidewalkorpublicright-of-
wayimmediatelyfrontingthecafeand/or restaurant establishment.Theutilization of spaceextendingon
eitherone adjacent sidebeyondthe subject property frontage maybeauthorizedsubjecttoannualwritten
consentprovidedbythe property ownersinfrontofwhose properties theoutdoorseating/diningservice
wouldoccur.TheannualwrittenconsentformshallbeprovidedtotheCitvandshallincludean insurance
policy naming the Citv as co-insured and a hold harmless clause in favor of the Citv.
(5)
(L)Outdoor seating/dining areas shallbeatthesame elevation asthe adjoining sidewalk orpublicright-of-
way.
(M)Cartsandtraysforservingfoodarepermittedintheoutdoor seating/dining area.
(N)Outdoor seating/dining usesandareashallnotbe provided withamplifiedsoundofanykind.
(O)The maximum number of outdoor scats shallnotexceed 80%of the number of indoor seating,except for
restaurants with indoor seating of 25 seats or less,which mayhave outdoor seats notto exceed 100%of the
number of indoor seats.
Section3 If anysection,clause,sentence,orphrase of thisordinanceisforanyreason held invalid
orunconstitutionalbyacourt of competentjurisdiction,thisholdingshallnotaffectthevalidity of the
remaining portions of this ordinance.
Section 4Allordinancesorparts of ordinancesinconflictwiththeprovisions of thisordinanceare
hereby repealed.
Section 5This ordinance shalltakeeffectimmediately after adoption hereof.
PASSED AND ADOPTED this 24th day of July.2001
ATTEST:
CITY CLERK
1st Reading-6/12/01
2nd Reading -7/24/01 (as amended)
READ AND APPROVED AS TO FORM:
<£>-^xf/^A-
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Russell :Yea
Commissioner Bethel :Yea
Commissioner Wiscombe:Yea
NOTE:New wording underlined;wording toberemoved indicated by strike-through.
'^<:,s<
South Miami
All-America City
2001
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,Vice Mayor Date:July 24,2001
and City Commission
From:Charles D.Scurr /i/J fl \Qfi##1 Re:Agenda Item #
City Manager /H^J/ffio LDC Amendment:Outdoor
Seating for Restaurants
REQUEST:
(3
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST TO
AMEND LAND DEVELOPMENT CODE SECTION 20-3J(E)ENTITLED
"OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES,
EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING
DISTRICT."AND SECTION 20-7.29 ENTITLED "OUTDOOR
SEATING/DINING USES AND AREAS"IN ORDER TO AMEND THE
REQUIREMENTS ANDSTANDARDS APPLICABLE TO OUTDOOR
SEATING FOR RESTAURANTS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
The Planning Board atits January 30,2001 requested staffto prepare an appropriate draft
amendment tothe LDC regulations governing outdoor seating/dining.The issue was discussed as
part ofa special use application for a restaurant proposed for the Shops of Sunset.The primary
concern of the Board dealt withthe encroachment of outdoor restaurant tables and chairs on
publicsidewalksblockingpedestrianpassage.
The regulations governing outdoor seating/dining are contained in Section 20-3.3(E)entitled
"Outdoor Seating/Dining for All Commercial Properties except for Properties in the RO
Residential Office Zoning Districf\Attachment)and in the Hometown Zoning Overlay District
LDC Amendment -Outdoor seating
July24,2001
Page!
chapter (Section 20-7.29).The regulations in both sections are comprehensive,and require
adherence to a number of restrictive standards.
PLANNING BOARD CONCERNS
Planning Department staff prepared a draft ordinance for consideration by the Planning Board
addressing the initial concern,which dealt with the section of the Outdoor Seating regulations
requiring a specific width of unobstructed passage for pedestrian sidewalk passage.The current
regulations in both sections provide that "The width and location of the passage is to be
determined bythe city's planning division"(Section 20-3.3 (E)(8)).
The Planning Department's recommended draft would amend the provision to clearly indicate
thatthereshallbefive(5)feet of unobstructed sidewalk passageforasinglerow of seatingand
six (6)feet of unobstructed sidewalk passage betweentworows of seating.ThePlanning
Department's suggestion was based upon the Americans with Disabilities Act (ADA)
requirement ofa clear path of five (5)feet,to accommodate wheelchairs.Where there is only
one row of seating,the five foot clear path will remain adequate.However,when there are two
opposite rows of seating,there has been a tendency for some of the restaurant patrons to move
their chairs out,or lean back occasionally,reducing the passageway to less than five feet.
Therefore,the six (6)foot width is appropriate where there are two rows of seating.
The Planning Board at its May 29,2001 meeting conducted a public hearing on the proposed
amendment to the LDC provisions regulating outdoor seating/dining for restaurants (Section 20-
3.3(E)and Section 20-7.29).The Planning Board felt that the provision described above should
be amended to require five (5)feet unobstructed sidewalk passage,and that onlv one row of
seating against the building would be allowed.Specifically.Board members expressed concern
withoutdoorrestaurantsthathadseatingonbothsides of thepedestrianwalkway.Itwasseenas
creating too much ofa private atmosphere for diners only,and as unfriendly towards pedestrians
walkingthrough.
Planning Department staff recommended against such a limitation,because of concern that the
limitation of outdoor seating to only one side is not appropriate.Certain areas will have sufficient
space to accommodate seating on both sides of the sidewalk,and restaurants with this type of
seating havebeenvery successful.
In addition to the above,the Board expressed concern that other regulations governing outdoor
seating needed to be amended.The Board felt that there should be a limit on the number of
outdoor dining seats,a minimum height of table umbrellas,and a limitation on the provision
allowing outdoor seating to extend to the properties on both sides of the restaurant.The Board
also felt thatthe written consent required of adjacent property should include an insurance
requirement and a hold harmless clause.These additional proposals are generally supported by
PlanningDepartmentstaff.
LDCAmendment -Outdoor seating
July24,2001
Page 3
PLANNING BOARD RECOMMENDATION
At the May 29,2001 Planning Board meeting a motion was made to approve the following
proposed amendments to Section 20-3.3(E)and Section 20-7.29,pertaining to outdoor
seating/dining for restaurants:
•that seating be on one side of the sidewalk ONLY,abutting the building,with a minimum of
five (5)feetof sidewalk unobstructed for pedestrian passage;
•maximumnumber of outdoorseatsshallnotexceed80%of indoorseating;
•table umbrellas should have a minimum clearance height ofseven(7)feet above the
sidewalk.
•the extension of outdoor seating shall be limited to the frontage of only one adjacent
storefront;
•the written consent provided by property owners in front of whose properties outdoor seating
/dining service occurs shall include an insurance policy naming the City as co-insured and a
hold harmless clause in favor of the City.
The motion was made by Mr.Comendeiro and seconded by Mr.Morton.The motion was
adopted by a vote of5 ayes (Mr.Liddy),Mr.Illas,Ms.Chimelis,Ms.Gibson,Mr.Comendeiro)
and2nays (Mr.Mann,Mr.Morton)
CITY COMMISSION ACTION (1st Reading )
The Commission at first reading on June 12,2001 adopted the attached ordinance which contains
the proposed amendments listed above,for both sections ofthe Land Development Code dealing
with outdoor seating/dining.The City Commission,at that time,also suggested an amendment
requiring the applicant to clean and sweep the sidewalk dining area on a daily basis.This
amendment is included in subsection (7)on p.2 and (G)on p.4.All ofthe amendments can be
seen in subsections (7),(8),(10),(11),and (15)on pp.2,3 and in subsections (G),(H),(J),(K),
and (O)onpp.4,5.
Note that the ordinance adopted on first reading contains both ALTERNATE wording (A and
B)for subsection amendment (8)on p.2 and subsection (H)on p.4.Alternate A is the
recommendation of the Planning Board,and Alternate Bis the recommendation of Planning
Department staff.The City Commission determined that it would decide between the two
alternatives at second reading.
RECOMMENDATION
Itis recommended that the ordinance adopted on second reading contain the ALTERNATE B
wording for subsection (8)on p.2 and subsection (H)on p.4,allowing for two rows of seats
with 5 feet (if single row)and 6 feet (if two rows)of unobstructed pedestrian passage be
included in the adopted ordinance.The absolute limitation of outdoor seating to one row of seats
as recommended by the Planning Board is not necessary,and could artificially limit outdoor
LDC Amendment -Outdoor seating
July24,2001
Page 4
seating in certain locations.The concept of outdoor seating is a vital ingredient to the ambiance
and success of the City's downtown streetscape.
The Administration is supportive of the other amendments (subsections (10),(11),and (15)on pp.2,3
and subsections (J),(K),and (O)on pp.4,5)as recommended by the Planning Board.These amendments
will provide additional limitations and safeguards without affecting the purpose or
implementation ofthe outdoor seating regulations.
Attachments:
ProposedOrdinance
PlanningBoardMinutes 5-29-01
Public Notices
CS/RGL/SA\K/y
D:\Comm Items\2001\7-24-01\Staff Report-Outdoor seating.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday,May 29,2001
City Commission Chambers
7:30 P.M.
I.Call to Order and the Pledge of Allegiance to the Flag
Action:The meeting was called toorderat7:35P.M.
Action:ThePledge of Allegiance wasrecitedinunison.
II.Roll Call.
Action:Mr.Morton performed rollcall.
Board members present constituting a quorum:Mr.Liddy,Mr.Mann,Mr.Illas,Mr.
Morton,Ms.Chimelis,Mr.Juan Comendeiro,Ms.Gibson.
Citystaff present:SubrataBasu (ACM),Richard G.Lorber (Planning Director),Sandy
Youkilis,(Planning Consultant),Luis Figueredo,(City Attorney),andMariaM.
Menendez (Board Secretary).
III.Special Notice
Before opening thepublic hearing,Mr.Morton announced thatthe applicant of
ShoalCreekPropertiesL.L.C.,foraproposedrentalapartmentbuildingatthe
northeast corner of SW 70th Street and SW 61st Avenue,had requested a deferral of
theitemuntilarevisedapplicationcouldbesubmitted.Staff announcedthatthis
item is being tentatively scheduled for the Planning Board meeting of July 10*,
2001.Properpublicationofsuch notice willtakeplacepriortothe meeting date.
IV.Public Hearing
(A)PB-01-004
Applicant:AT&T Wireless Services
Request:A RESOLUTION OFTHE MAYOR ANDTHECITY COMMISSION OFTHE
CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO
SECTION 20-10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL
USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR
Planning Board Meeting
May 29,2001
^MMirMir-ATTONS FACILITY (FLAGPOLE)ON THE YMCA PROPERTY LOCATEDCOMMUNICATIONS^ACI1LrTY;(hLA ^^^^^^/^.^,0^
ZONING DISTRICT,
Action-Ms.Chimelis read the request into the record and staff presented thefeaueTt'Riving an overview of the proposal,indicating that the present request is aevUionoftheoriginalproposal.The applicant's original submission showed the he,ghtrfXoSELtobe87feet.At that time,staff expressed the concern that the££of Ihe antenna was excessive and could not be screened from view by existingSfinaSS3fw"also concerned about the electrical equipment bui ding -th a
toted v^re topped screen fence located within a few feet of recreational facilities forcwSnTherefore,due to the above concerns,staff had recommended denial of the
request.
The revised plans submitted by the applicant show areduction in the height of the pole to75fee^also showing removal of the barbed wire from the screen fencing around theIleSal.quipment building.In addition,the applicant has earned out ahne-o -sigh
contribute to significantly screen the tower.
Representatives:Aldo Bustamante,Charlie Adams and Larry Lotterman
(Lotterman Development Corporation)
Felix Bravo,(AT&T Wireless)
The Board staff and representatives discussed the proposal.The particular design of the
i^stti-&-sskkwasstasr assotherlocationspriortoselectingtheYMtasite,ine duoiu aThTCitvAttorneyinformedtheBoardthattheTelecommunications Act of 1996^^y^^mmMpB^and local governments ^m considering anyS2lhealthissues,therefore,that could not be considered evidence that can be
weighed in the determination of granting or denying the application.
At 8-30 PM Mr Morton called for afive-minute recess to allow those present to examinefhe^^d photographs brought by the applicant with respect to the proposed
telecommunication tower.The meeting was reconvened at 8:35 PM.
Speakers:(residents against proposal):
Ana M.Rabel,5876 SW 42nd Terrace
Martha Cruz,5801 SW 42nd Terrace
Manuel Lopez,5990 SW 44th Terrace
Speaker:(for YMCA)
Mark Thompson 2
(Revised)
NOTE:New wording underlined
Planning Board Meeting
May 29,2001
conceal the tower;health threat on the long run;electrical facility installed too close to
YMCAchildren's playground.
The Board requested from the staff that for future applications of this nature,a site plan of
the general area showing existing tower locations be included in the package,together
with any possible sites where these telecommunication towers may be installed andthe
reasonswhythe requests wererejected.
First Motion:Mr.Comendeiro moved approval ofthe request,Ms.Gibson secondedthe
motion.Mr.Mann wanted toaddto the motion the clarification that although the residents
intheareaare opposed tothe proposed project,itis important to indicate that AT&T,
withintheframework of the regulations,hasapparentlymadeeffortstoworkwiththe
community.
Action:Mr.Comendeiromovedtowithdrawhismotiontoapprove.
Second Motion:Mr.Mortonmovedapproval of therequestaspresented,andshownon
therevisedplans dated 5-22-01.Mr.Illas secondedthemotion.
Vote:Approved 4 (Mann,Illas,Morton,Gibson)
Opposed 3 (Liddy,Chimelis.Comendeiro)
TheBoardwasinformedthattheCityCommission will considerthisrequestatitsnext
meeting,June 12,2001
Ms.Chimelis requested thatamember of theBoardattendtheCityCommission meeting
ofJunel2,2001.
(B)PB-01-009
Applicant:Michael Lopez
Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA RELATING TO A REQUEST TO AMEND THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,BY REVISING
SECTION 20-3.3(D)ENTITLED "PERMITTED USE SCHEDULE"AND
SECTION 20-7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE-
PERMITTED USES"IN ORDER TO ALLOW A TANNING STUDIO AS A
PERMITTED USEIN THE "SR(HD-OV)",SPECIALTY RETAIL
(HOMETOWN DISTRICT-OVERLAYZONE)USEDISTRICTS;PROVIDING
FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Action:Mr.Morton readtherequestintotherecord.Staff recommended approval
of therequestto amend theLandDevelopmentCode'sPermittedUseScheduleandthe
Hometown District toallowtanningstudiosasapermitteduseintheSRand Hometown
zoning districts.
Applicant:MichaelLopez
PlanningBoard Meeting '\.
May 29,2001
TheBoard,staffand representative briefly discussedtherequest.Therewerenospeakers
atthepublichearing.
Motion:Mr.IllasmovedforapprovalandMr.Mannsecondedthemotion.
Vote:Approved 7Opposed0
(O PB-01-007
Applicant:Mayor and Citv-Commission
Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TOA REQUEST TO
AMEND LAND DEVELOPMENT CODE SECTION 20-3.3(E)ENTITLED
"OUTDOOR SEATING/DINING FOR ALL COMMERCIAL
PROPERTIES,EXCEPTFORPROPERTIESINTHERORESIDENTIAL
OFFICE ZONING DISTRICT."IN ORDER TO AMEND THE
STANDARDS THEREIN TO INCLUDE A SPECIFIC WIDTH OF
UNOBSTRUCTED PEDESTRIAN SIDEWALK PASSAGE WHICH
MUST BE MAINTAINED;PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
Action:Mr.Mann read the request into the record andstaff presented the proposed
amendments.
Speaker:MauricioFarinelli,restaurantowner.
TheBoardand staff discussed therequestwhichcenteredonprovidingadditional
requirements toLDC regulations governing OutdoorSeating.
The staff report contained two alternative ordinances which provided for unobstructed
sidewalk passage area.The Planning Board alternative (B)the five (5)feet unobstructed
passage allowing onlyonerowof seating against the building.The Planning Department
was recommending alternative (A)amending the current regulations to require five (5)feet
of unobstructed passage for a single row of seating and six(6)feet of sidewalk between
two (2)rows of seating.During discussion,Board members expressed concern that other
regulations governing outdoor seating needed to be more specific,and several amendments
wereproposed.
Staff pointed outthatallof the amendments will be made to both sections of LDC which
contained regulations on outdoor seating /dinning,those being Section 20-3.3(E)and
Section 20-7.29.
Motion:Mr.Comendeiro moved to approve the following amendments toSection20-
3.3(E)and Section 20-7.29,pertaining to outdoor seating /dinning:(1)that seating beon
onesideofthesidewalk abutting the building,witha minimum of five (5)feetof sidewalk
unobstructed for pedestrian passage;(2)maximum number of outdoor seatsshallnot
4
Planning Board Meeting •v .
May 29,2001
exceed 80%ofindoor seating;(3)table umbrellas should havea minimum clearance
height of seven (7)feet above the sidewalk;(4)the extension of outdoor seating shallbe
limited tothe frontage of onlyone adjacent storefront;(5)the written consent provided by
property owners in front of whose properties outdoor seating /dining service occurs shall
includeaninsurancepolicynamingtheCityasco-insuredandaholdharmlessclausein
favor of theCity.Mr.Mortonsecondedthemotion.
Vote:Approved5 (Liddy),Illas,Chimelis,Gibson,Comendeiro)
Opposed 2(Mann,Morton)
V.Approval of Minutes
Action:
A.TheBoarddulyvotedonandapprovedthe minutes ofApril 24,2001.
Vote:Approved7 Opposed0
VI.Discussion Items
The Board and staff discussed the following butwasnot limited to:(1)the importance ofa
member attending the next City Commission meeting in order to convey the views ofthe
Board tothe Commission onthe requests presented at this meeting.(2)staff also stressed
the importance of having quorum for the next Planning Board meeting scheduled for July
10,2001 whichistheonly meeting taking place in July.Ms.Chimelis and Mr.Mann
informed thatthey will not be able to attend.Mr.Illas was uncertain whether he could
attend.(3)they discussed the possibility of amending the code inthe future in order to
change the number of members from five to four to constitute a quorum.Also,they
discussed the possibility of providing for a special meeting.(4)Mr.Mann made reference
to some neighbors who have approached him with the complaint that they are being cited
for garbage protruding into the street;they claim the garbage is not theirs and itisjust
being dumped in front of their property.Also,Mr.Mann referred toa new residence
which it has recently been finished and which resembles a "football stadium"when islitup
at night and wanted to know of any code restrictions on external lighting.Staff clarified
that the above complaints should be directed to the Public Works and/or the Code
Enforcement Departmentsforproper handling.
VII.Adjournment
Action:There being no further business before the Board,Mr.Morton adjourned the
meetingat approximately 10:37 PM.
K:\PB\PB Minutes\2001 Minutes\MINS 05-29-01.doc
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given thatthe City Commission ofthe City
of South Miami,Florida will conduct Public Hearings during its
regular City Commission meeting Tuesday,July24,2001
beginningat7:30p.m.,inthe City Commission Chambers,6130
Sunset Drive.,to consider 1st Reading ofthe following
described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TOA
REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE,BY REVISING SECTION 20-3.3(D)
ENTITLED "PERMITTED USE SCHEDULE"AND SECTION
20-7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE-
PERMITTED USES"IN ORDER TO ALLOW A TANNING STUDIO
AS A PERMITTED USE IN THE "SR(HD-OV)",SPECIALTY
RETAIL (HOMETOWN DISTRICT-OVERLAY ZONE)USE
DISTRICTS;PROVIDING FOR SEVERABILITY;PROVIDING FOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE
DATE.(1st Reading -June 12,2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TOA
REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION +
20-3.3(E)ENTITLED "OUTDOOR SEATING/DINING FOR
ALL COMMERCIAL PROPERTIES,EXCEPT FOR PROPERTIES
IN THERO RESIDENTIAL OFFICE ZONING DISTRICT"
ANDSECTION 20-7.29 ENTITLED "OUTDOOR
SEATING/DINING USES AND AREAS"INORDERTO AMEND
THE REQUIREMENTS AND STANDARDS APPLICABLE TO
OUTDOOR SEATING FOR RESTAURANTS;PROVIDING
FOR SEVERABILITY;PROVIDING FOR ORDINANCES
IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
(1st Reading-June 12,2001)
Said ordinance canbe inspected inthe City Clerk's Office.,
Monday -Friday during regular office hours.
Inquiriesconcerningthisitemshouldbedirectedtothe
PlanningDepartmentat:663-6326.
ALL interested partiesare invited toattendandwillbeheard.
Ronetta Taylor,CMC
CityClerk
CityofSouthMiami
Pursuant to Florida Statutes 286 0105.the City hereby advises the public thatifa
person decides to appeal anydecision made bythisBoard,Agency or Commission wlff.a
respecttoanymatter considered at its meeting orhearing,heorshewillneedarecord
of the proceedings,and that for such purpose,affected person may need toensure that
a verbatim record of the proceedings ismade which record includes the testimony and-'
evidence upon wnfentne appeal is*to'b'e Based "•'-'"-'•''•"•'-'A'-''**.'.--"*'