Ord. No. 22-01-1753ORDINANCE NO. 22-01-1753
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO A
REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN
SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(I)(5) IN
ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR
A FREE STANDING MENU BOARD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Application No.PB -01 -013 submitted by Corporate Property Services , representing the
McDonald's Corporation, is requesting the City to amend Section 20 -4.3 (Sign regulations) of the Land
Development Code in order to increase the maximum allowable size of free standing menu board signs
from 35 sq.ft. to 44 sq. ft; and
WHEREAS, the Planning Department has determined that the applicant's proposed increase of
26% in the size of the sign would have minimal impact if the sign is not visible from a public street; or if
visible, screening or landscaping be provided up to the height of the sign; and
WHEREAS, the Planning Department has prepared an ordinance amending the maximum allowable
size of a free standing menu board sign with the condition that screening or landscaping be provided up to
the height of the sign if it is visible from a public street; and
WHEREAS, the Planning Department has added additional wording recommended by the Zoning
Task Force in order to clearly indicate that a free standing menu board sign was limited to restaurants
with drive through facilities; and
WHEREAS, on August 14,2001, after a public hearing regarding the proposed amendment to
Section 20- 4.3(I)(5) of the Land Development Code, the Planning Board approved a motion by a vote of
5 2 recommending approval of the proposed amendment; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and
enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That the subparagraph entitled , "Free Standing Menu Board Signs" of Section 20- 4.3(I)(5)
entitled, "(Signs) All Other Zoning Districts" of the South Miami Land Development Code is hereby
amended to read as follows:
Section 20- 4.3(I)(5)
FREE STANDING MENU BOARD. One (1) MENU BOARD SIGN shall
be permitted at each drive - through to a licensed RESTAURANT, not to exceed
thirty -five (35) square feet in area nor seven and one -half (7.5) feet in height. A
menu board sign may exceed the maximum allowable square footage by up to
be provided to to the height of the sign. Direct illumination is permitted
Sign may be detached
Ord. No. 22 -01 -1753
(2)
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 2nd
ATTEST:
IC TY CLERK
---
1St Reading- 9/18/01
2i" Reading- 10 / 2 / 01
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of October 2001
APPROVED:
op
COMMISSION VOTE:
4 -1
Mayor Robaina:
Yea
Vice Mayor Felieu
Yea
Commissioner Russell
Yea
Commissioner Bethel:
Yea
Commissioner:Wiscombe
Nay
(Note; New wording underlined; wording being removed indicated by strike - throug
South Miami
Excellence,
To: Honorable Mayor, Vice Mayor
and City Commission
From: Charles D. Scurr 7 j'j
City Manager) t l
��t t
Date: October 2, 2001
Re: Agenda Item #
LDC Amendment: Menu Board
Signage
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF
SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY
OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE
PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(1)(5) IN
ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE
STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant, Corporate Property Services , representing the McDonald's Corporation, is requesting the City to
amend Section 20 -4.3 (Sign regulations) of the Land Development Code in order to increase the maximum
allowable size of free standing menu board signs from 35 sq.ft. to 44 sq. ft. The application is a result of the
company's desire to replace its current menu board sign at its restaurant located at 6150 South Dixie Highway.
If the proposed amendment is approved, it would be applicable to all new free standing menu board signs.
STAFF ANALYIS
(1) The applicant initially applied for a sign variance to permit a new menu board sign to be installed at its S.
Dixie Highway restaurant. The item was schedule for public hearing at the Planning Board's July 10, 2001
meeting. The applicant pointed out initially that their request was necessitated because of new state of the art
technology (menu board with a video screen), The applicant later advised that there was also a need for more
space due to an expanding choice of food items. Prior to the Planning Board meeting staff advised the applicant
that it would be more appropriate for the City to consider this request in the form of a text amendment to the
sign regulations, instead of as a site specific variance request.
(2) The City's current regulations applicable to free standing menu broad signs is as follows:
Section 20- 4.3(I)(5)
FREESTANDING MENU BOARD: One (I) MENU BOARD SIGN shall be permitted
at a licensed RESTAURANT, not to exceed thirty -five (35) square feet in area nor seven
and one -half (7.5) feet in height. Direct illumination is permitted Sign may be detached
LDC Amendment
Menu Board Signs
October 2, 2001
(2)
(3). It is important to note that the City's Zoning Task Force has completed its review of sign regulations, and
adopted a revised chapter entitled Article V Sign Regulations. The new chapter contains a number of
adjustments to existing standards for specific sign types. The Task Force did not recommend any change to the
maximum allowable size of menu board signs, however, it was recommended that the wording ".....shall be
permitted at each drive - through to a licensed..." be added. The purpose of the revision was to clearly indicate
that this type of sign was limited to restaurants with drive through facilities.
(4) The applicant's proposed increase of 26 % in the size of the sign would have minimal impact if the sign is
not visible from a public street; or if visible, screening or landscaping be provided up to the height of the sign.
Menu boards for drive through facilities are internal to the site and are generally not visible from a public street.
SPECIFIC AMENDMENT
Based upon the conditions specified above the following amendment should be considered in lieu of
the request of the applicant to allow an additional 9 square feet in size. The amendment includes the
additional wording proposed by the Zoning Task Force.
Section 20- 4.3(1)(5)
FREE STANDING MENU BOARD: One (1) MENU BOARD SIGN shall be
permitted at each drive - through to a licensed RESTAURANT, not to exceed thirty -
five (35) square feet in area nor seven and one -half (7.5) feet in height. A menu
board sign may exceed the maximum allowable square footage by up to 10 sq. ft. if
the facade ot the sign is not significantly visible om a public street or if visible.
screening or landscaping actable to the City's ERPB be provided up to the
height of the sign. Direct illumination is permitted. Sign may be detached
PLANNING BOARD RECOMMENDATION
The Planning Board at its August 14, 2001 meeting adopted a motion recommending approval of the
proposed amendment . The motion to approve was made by Mr. Mann and seconded by Ms. Yates
The motion was adopted by a vote of 5 ayes (Mr. Liddy, Mr. Morton, Ms. Gibson, Mr. Comendeiro,
Ms. Yates) and 2 nays (Mr. Mann, Mr. I] las).
CITY COMMISSION ACTION
The Commission at its September 18, 2001 approved the proposed ordinance on first reading.
RECOMMENDATION:
It is recommended that the amendment as proposed above and in the attached draft ordinance be approved on
second reading.
Attachments:
Draft ordinance
Application
Letter oflntent /Justification
Public notices
Planning Board Minutes 8 -14 -01
CS /RGL /SAY
D: \Comm Items \2001 \10 -2 -01 TDC Amend Menu Bd Report.doc
Cr
i
City of South Miami
Planning &Zoning Department
City Hail, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663.6326; Fax: (305) 666- 45918ararlii,;g �u vT lT1tD$
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: Lot(s)
Subdivision T.ark,___._n pines
2� 20
B pp
& Bounds: --
Applicant: Phone:
Corporate Property Services, Inc. (954) 426 -5144
Representative: David J. Felton Organization:
Corporate Property Services, Inc.
Address: 600 Fairway Drive, Suite 104 Phone:
(y54) 426-5J44
Deerfield Beach FL 33441
/
Property Owner: McDonald's Corporation Signature:
j
Mailing Address: 5200 Town Center Circle, Suite 608hone: (561)
391 8003
Boca Raton FL 33486
Architect/Engineer. Phone:
James H. Pohl, P.E. (954)
421 -0997
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS
PROJECT:
Owner %Owner's Representative Contract to purchase _Option to purchase TenanULessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
PLEASE CHECK ALL THAT APPLY:
g_ Text Amendment to LDC _Variance
% Letter of intent
—Zoning Map Amendment _Special Use
_ Justifications for charge
_ PUD Approval _Special Exception
_ Statement of hardship
_ PUO Major Chance _Other
_ Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code sections:
—Contract to purchase
_ Current survey (1 original sealed and
Text Amendment to amend the Land Development
signed /1 reduced copy c@ 11 "x 17")
_ 15 copies of Site Plan and Floor Plans
Code Section 20 -4.3 (I) (3) (c)
1 reduced copy @ 11" x 17"
_ 20% Property owner signatures
in order to permit a 44 s.f. menuboard sign.
Section:_ Subs=ction:_ Page #: Amended Date:
_ Mailing labels (3 sets) and map �
Required Fee(s)
Th 4undersigned read this completed application and represents that the information and all submitted materials are true and
b st f'the applicant's knowledge and belief.
p azure and title D to
David J. Fnelton
Upon receipt, appplications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Payment
8/2/00
CORPORATE PROPERTY SERVICES, INC.
600 FAIRWAY DRIVE * SUITE 104 + DEERFIELD BEACH, FLORIDA 3344.1
July 12, 2001
Mr. Richard G. Lorber, AICP
Planning Director
The City of South Miami
6130 Sunset Drive
South Miami, FL 33143
RE: Code Teat Amendment
McDonald's - 6150 S. Dixie Highway
Dear Mr. Lorber:
On behalf of McDonald's Corporation and in accordance with the provisions set for in the Land
Development Code Sections 20 -5.2, 20 -5.3, and 20 -5.4, I would like to respectfully request a
Text Amendment to Section 20- 4.3(I)(3)(c) of the City of South Miami Land Development
Code. The current code permits fast food restaurants to install one menu board sign, not to
exceed 35 square feet in area or 7.5 feet in height. The requested amendment would allow fast
food restaurants to install one menu board sign, not to exceed 44 square feet in area or 7.5 feet in
height.
Due to market demands, McDonald's Corporation is upgrading its existing menu board to
include the larger variety of menu board items, which are offered to the drive -thru customer.
McDonald's new freestanding menu board sign consists of four panels displaying the selection
of menu items, along with a separate customer order display pedestal.
Fast food restaurants today are being developed to meet the changing needs of society. As a
result of today's hectic lifestyles, current market demands necessitate convenient and economical
places to eat. McDonald's national average of drive -thru visits has increased over the years and
constitutes approximately 50% of their daily business. For example, McDonald's reports that its
store located at 6150 S. Dixie Highway averages approximately 80 cars per hour at its drive -thru,
during peak hours. Generally, a customer's continued patronage depends upon the quality of
customer service provided at the drive -thru lane. Amending the Code will enable McDonald's to
maintain a competitive level of business as well as a high level of customer satisfaction. r
Thank you for consideration of this request. If you require any further information, please call
our office.
X y,
( 'u�k M nahan
Project Coordinator
cc: Rosangela DeMello — McDonald's Corporation
(954) 426 -5144 • FAX (954) 570 -3391
DEVELOPMENT ADMINISTRATION - REGULATORY LAND USE CONSULTANT - LICENSED REAL ESTATE BROKER
CERTIFIED GENERAL CONTRACTOR
CGC 044277
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NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearings during its regular City Commission meeting
Tuesday. October. 2, 2001 beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive; to consider the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI SOUTH MIAMI .LANDIDEVELOPMENT C DE BYUREVIS REVISING SECTTIION THE 20'3.'3(0)
cmmTI an " PERMITTFD USE SCHEDULE" SECTION 20- 3.4(8)(5) ENTITLED
"bAJULIRC a.n., or„........
"MOBILE AUTOMOBILE WASHAVAX SERVICE" IN ORDER TO PROVIDE FOR
LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR
WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE: 0"
Reading 9/18/07)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY DE
SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED
SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(1)(5) IN ORDER TO
INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU
BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (1" Reading.- September
18, 2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
_ .._.. ...... . - —111, om ATI Ir TO) e nPOUFST TO AMEND THE OFFICIAL
DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY
DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE
SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH
STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH
STRE AND ON THE WEST BY SW 61ST AVENUE; FOR
SEVERAMLITY; P 0 IDING FOR ORDINANCES N CONFLICT; AND PROVIDING PROVIDING
AN EFFECTIVE DATE. H at Reading - September 18, 2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE. BY REVISING SECTION 20 -2.3
...
Hit wrvtovum`vl, U, __.. _.
"TODD- (L1 -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT
INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILTY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. (1° Reading - September 18, 2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20-
3.6(H)(2) IN ORDER 10 ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES
USED AS FENCING, SCREENING OR LANDSCAPING,; PROVIDING FOR AN
ORDINANCES INECONFOLICT; AND O PROVIDING AN EFFECTIVE PROVIDING OD T[FOR
Reading - September 18, 2001)
Said ordinances can be Inspected in the City Clerk's Office, Monday - Friday during regular
at: 305- 663 -6326. ALL concerning parties are invited viii directed to the
and will be heard, Department
Ronetta Taylor, CMC
City Clerk
city of South Miami
CITY Y O SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, August 14, 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 to order at 7:37 P.M.
Action: The Pledge.of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton performed roll call. Ms. Brenda J. Yates was sworn in as a new
Planning Board member.
Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas,
Mr. Morton, Ms. Gibson, Mr. Juan Comendeiro and Ms. Yates.
City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy
Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez
(Board Secretary).
III. Public Bearings
APPLICANT: City of South Miami
REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF
SOUTH NIIAML FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3
ENTITLED "DEFINITIONS" AND SECTION 20 -3A (20) ENTITLED "MOBILE
AUTOMOBILE WASH/WAX SERVICE" IN ORDER TO PROVIDE FOR
DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE
CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the request into the record and Mr. Lorber presented the item
noting that the adoption of the proposed ordinance would allow the existing permitted use
to be located in several of the office and commercial zoning districts, and in the SR
Specialty Retail "Hometown" zoning district. y
Planning Board Meeting
August 14, 2001
Speakers (Residents): David Tucker, Sr., Douglas Adams and George David.
The Board and staff discussed the proposed ordinance. Several speakers expressed their
opinion in opposition to certain aspects of the proposed ordinance.
Several concerns were raised by the Board and the speakers regarding the proposed
ordinance, mainly relating to the impact of the mobile operation. The following are some
of the expressed concerns: running soapy water out of the establishments and down the
streets; the impact on stormwater facilities resufting in a financial burden on residents and
business owners of the City; the distance from an adjacent residential zoning district, (100-
200 ft); the operational hours and days; introduction of transient population into the
neighborhood; the noise originated by the air compressors; the operation possibly
becoming an accessory to small businesses; ability of the City to enforce the ordinance;
control over the different vendors in each establishment.
The Board questioned whether the ordinance could self - destruct after one year. Staff
explained that an ordinance cannot "sunset ", however, reconsideration of that section could
be accomplished through proper zoning amendment procedure.
The Board and staff discussed possible amendments to the proposed ordinance (with
regard to the mobile vendors), which included: hours of operation from 9:00 AM to 5:00
PM; twice a week including Saturdays; Sundays prohibited; a clause to clarify that the
Provisions of this ordinance would not apply to residential areas, however, car wash
operations only be for the benefit of the occupant of the property.
Motion: Mr. Morton moved to defer the request in order for staff to rework on the
proposed ordinance as per the discussions and suggestions expressed during this meeting.
Mr. Comendeiro seconded the motion.
Vote: Aves 7 Nays 0
PB -01 -013
APPLICANT: Corporate Property Services (McDonald's Corporation)
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 THE PERMITTED
SIGN SCHEDULE CONTAINED WITH IN SECTION 20- 4.3(1)(5) IN ORDER TO
INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU
BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE,
Action: Mr. Illas read the request into the record and staff presented the item, explaining
the purpose of the proposed ordinance is to increase the maximum allowable size of free
standing menu board signs from 35 sq. ft. to 44 sq, Ft. Staff noted that the proposed
2
Planning Board Meeting
August 14, 2001
changes will have a citywide impact. Staff clarified that the existing 7.5 feet in height
would not change.
Applicant present: David J. Felton, representing McDonald's Corporation.
Speaker: David Tucker, Sr. and Douglas Adams.
The Board and staff discussed the proposed ordinance. The speakers expressed concern as
to whether the increase in the size of the sign will result in a similar increase in the volume
of the speakers. The speakers also questioned the possibility of additional increase in the
size of the sign in the future. The applicant explained the importance of this ordinance
which will allow them to introduce an improved type of sign bearing all the advantages of
the latest technology in the field. The applicant also stated that the new sign will not have
the volume of the speakers increased. The applicant noted that the new sign will greatly
improve communication in processing the drive -thru orders, reducing the need for the use
of the loud speaker, and making the entire process much more effective.
Motion: Mr. Mann moved for approval of the request and Ms. Yates seconded the
motion.
Vote: Ayes 5 Nays 2 (Mr. Mann and Mr. Illas)
PB -01 -014
APPLICANT: 1909 Cafe, Inc.
REQUEST: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO
SECTION 20- 14(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909
CAFE" IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT,
SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE.
Action: Mr. N ann read the request into the record and staff presented the item relating to
a request pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code for a Special
Use approval to locate a general restaurant "1909 Cafe" in the "GR" General Retail Zoning
Use District. The above - referenced Section of the LDC provides that special uses must be
approved by the City Commission after a public hearing and receipt of a recommendation
from the Planning Board.
Applicant present: Mario Trevilla, 1909 Cafe, Inc.
The Board and staff discussed the proposed application. Among the issues discussed were
parking spaces and trash collection. The applicant emphasized that the restaurant strictly
serves cold sandwiches with no cooking involved, therefore the trash generated from the
establishment mainly consists of disposable dinnerware.
Planning Board Meeting
August 14, 2001
Motion: Mr. Mann moved aooroval of the request with the following conditions (1) that
the trash be removed through the rear door and collected as frequently as necessary; (2)
that the trash from the dumpsters be picked up twice a week; and, (3) that no overflowing
dumpsters will be permitted. Nls. Gibson seconded the motion.
Vote: Ayes 7 Nays 0
PB -01 -017
APPLICAtiT : City of South Miami
REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMiNUSSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3
ENTITLED "PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED
"COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT NDUSTRIAL
USE ", N ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW
THE CONTINUATION OF EXISTNG PERMITTED NDUSTRIAL USES IN THE
`'TODD (LI4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT
INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
Action: Mr. Morton read the request into the record and staff presented the item to amend
the City of South Miami Land Development Code (LDC) in order to make technical
corrections that would allow the continuation of existing permitted industrial uses in the
"TODD- (LI -4)" Transit Oriented Development District (Light Industrial -4). With the
adoption of an amendment to the LDC in 1997 which established a new zoning district
(TODD), a number of light industrial uses were eliminated from locating in any zoning
district within the City. Staff noted that the City Commission by Resolution No. 105 -01-
11253 dated July 24, 2001, requested the Planning Board to consider amending the LDC in
order to reinstate the light industrial uses as permitted uses in the TODD (LI -4) zoning
district. Also, a subcommittee of the City's Zoning Task Force has also endorsed the same
recommendation as proposed by staff.
Speaker: David Tucker, Sr.
The Board and staff discussed the proposed ordinance. The Board expressed concerns
regarding some of the 13 uses (listed below) recommended for reinstatement, specifically
those that use chemicals.
Below is a list of 13 uses which are listed in the City's Permitted Use Schedule, however
the schedule shows that they can not be located in any zoning district.
Automobile rental agency
Automobile repair and body shop
Automobile upholstery and top shop
Radio and television repair shop
Re- upholstery and furniture repair services
Taxidermist
M
Planning Board Meeting
August 14, 2001
Automobile washing/detailing operations Pest control services
Billiard parlor Used merchandise Store: vehicle parts
Carpet cleaning service Contractor plant and storage
Lawn maintenance services
Motion: Mr. Comendeiro moved approval of the request. Mr. Mann seconded the
motion. After some discussion on the motion, Mr. Mann moved to withdraw his second to
the motion.
Mr. Illas requested an amendment to include the following as Special Uses: (1)
Taxidermist; and (2) Pest control services. Mr. Comendeiro did not accept the
amendment. Mr. ivlorton then seconded the original motion to approve the staffs
recommendation.
Vote: Ayes 4 Nays 3
PB-01 -018
APPLICANT: City of South Miami
(Mr. Liddy, Mr. Mann and Mr. Illas).
REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF
SOUTH MIAWLAND DEVELOPMENT CODE, BY REVISING SECTION 20-
3.6(H)(2) ENTITLED "PHYSICAL BARRIERS- HEIGHT LIMITS" TO PERMIT
ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT: AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Liddy read the request into the record and staff presented the item, which
will eliminate the height limit of the hedges surrounding the property line; and allowing for
ornamental vegetation to extend over six (6) feet in height above grade in any required
yard.
The Board and staff discussed the proposed ordinance. The Board was not in favor of the
idea of allowing the hedges to grow to an unlimited height, specifically along the front line
of the property. The Board felt that the overgrown hedges would not be aesthetically
pleasing, and would promote isolation among the neighbors.
Speaker: David Tucker, Sr.
Motion: Mr. Comendeiro moved approval of the ordinance with the following changes:
(1) limit the height of hedges to six feet along the full (100 %) of the front line of the
property, with an exception for an ornamental entranceway; and, (2) no limit on the height
of the hedges for the rear and the sides of the property. Mr. Illas seconded the motion.
Vote: Ayes 6 Nays 1 (Mr. Liddy)
5
Planning Board Meeting
August 14, 2001
V. Approval of Minutes
Action:
A. The Board duly voted on and approved the minutes of July 10, 2001.
Vote: Ayes 7 Nays 0
VI. Discussion Items
The Chairman announced that the next Planning Board meetings are scheduled for August
23'h and September l I"', 2001. Staff noted that the September 11v' meeting might need to
be cancelled due to a conflict with the budget hearing. It was also noted that September
25a' is the tentative date for the joint Zoning Task Force workshop tivith the Planning
Board, Environmental Review and Preservation Board, Historic Preservation Board, and
including members of the City Commission.
VII. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the
meeting at approximately 10:25 PM.
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