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7CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor Stoddard and Members of the City Commission Via: Steven J. Alexander, City Manager From: Christopher Brimo, AICP Planning Director Date: November 13, 2013 ~ ITEM No._7-",---" """'-"" ;;c..-_ South Miami bD:d" ~ir 2001 An Ordinance amending Section 20-4.3(B) entitled Applicability and Definitions, Section 20- 4.3(1)(1) entitled RS-Single Family Residential Districts, Section 20-4.3(1)(2) entitled RT- Townhouse Districts, and Section 20-4.10 entitled Garage Sale in order to increase the amount of sign age allowed for garage sales. BACKGROUND At the October 1,2013 City Commission meeting, the Commission directed the Administration and staff to draft appropriate legislation that would allow homeowners having a garage sale to be permitted additional signage associated with their sale. Currently the land development code only permits a homeowner to have one sign per garage sale, to be located on the property where the sale is taking place. The City Commission felt that this did not provide adequate exposure for the particular sale, and requested that they be allowed up to four signs that could be placed at various locations within the right-of-way provided the signs did not obstruct pedestrian access nor impede vehicular visibility. At their November 12, 2013 regular meeting and following a public hearing, Planning Board reviewed Application No. PB-13-031 and recommended changes to the proposed garage sale sign amendments. The following are the proposed amendments to the current land development code. PROPOSED AMENDMENTS 20-4.3 -Sign Regulations (B) Applicability and Definitions * * * Sign, garage sale. Shall mean a temporary sign erected en private property for the purposes of notifying the public of a garage sale. Z:\Commission Jtems\20 1 3\11 -1 9-l3\Garage Sale Sign Amendment\Garage Sale Signs Amendment_ CM repor1.doc Garage Sale Signage Amendment November 19,2013 Page 20/3 * * * (1) Zoning Districts (1) RS-Single Family Residential Districts * * * GARAGE SALE * * * Up to One (1) four (4) GARAGE SALE SIGN.S. are is permitted per single-family residential dwelling unit, nvo times only, for two weekends including Friday enly, per eaeh calendar year.:;-Signs may not to exceed two (2) square feet in area. Said sign~ may enly be erecteq in compliance with· the provisions of Section 20-4.1 O(A)( 4) on the private property where the garage sale is to be located from sunrise to sunset and shall include the address for the location of the garage sale: . (2) RT-Townhouse Districts .* * * GARAGE SALE * * * 20-4.10 -Garage Sale (A) Applicability * * * Up to One (1) four (4) GARAGE SALE SIGNS. are is. permitted per townhome or single-family residentiai dwelling unit, two times only, for two weekends including Friday enly, per eaeh calendar year.:;-Signs may, not to exceed two (2) square feet in area. Said sign~ may enly be erected in compliance with the provisions of Section 20-4.10(A)(4) (;7H-the private property where the garage sale is to be located from sunrise to sunset and shall include the address for the location of the garage sale. (2) Before such permit shall be issued, the applicant shall file with the Code Enforcement Division Finance Department an application containing the following information: (a) Street address or legal description where such sale is to be conducted. (b) Proof of ownership or lease of property. ( c) Dates of sale. (d) Hours of sale. ( e) Notification of residents of properties on both sides of applicant. CD Location of Signs !, Garage Sale Signage Amendment November 19,2013 Page30f3 * * * (4) Up to a total of Only one four (4) sign2 complying with the regulations listed in Section 20- 4.3(1) of the Land Development Code (not exceeding two square feet in she) may be displayed on the property and within the vicinity of where such sale is being conducted. Up to two signs advertising the garage sale are permitted to be displayed on private property where the garage sale is being held. The remaining signs are permitted to be located near the base of the street sign or utility pole at the intersection closest to the property conducting the garage sale. Signs placed in these locations shall not impede visibility or pedestrian accessibility. The property, sign shall not be erected or placed closer than five feet to the front or side property line. The 5.s.ign2 shall not be affixed to a tree" er utility pole.>.-:-or street sign. Immediately following the completion of the garage sale, all signage must be removed. Any signs found after the completion of the garage sale will be considered a violation ofthis section. * * * RECOMMENDATION Staff recommends that the Commission consider the proposed amendments to the City's Land Development Code Section 20-4.4(1)(1) -RS-Single Family Residential Districts; Section 20-4.3(1)(2)- RT-Townhouse Districts; and Section 20-4.10 -Garage Sale. Z:\Commission ltems\2013\11-19-13\Garage Sale Sign Amendment\Garage Sale Signs Amendment_CM report. doc 1 ORDINANCE NO. _____ _ 2 3 An Ordinance amending Section 20-4.3(B) entitled Applicability and 4 Definitions, Section 20-4.3(1)(1) entitled RS-Single Family Residential 5 Districts, Section 20-4.3(1)(2) entitled RT -Townhouse Districts, and Section 6 20-4.10 entitled Garage Sale in order to increase the amount of sign age 7 allowed for garage sales 8 9 WHEREAS, at its October 1,2013 meeting, the City Commission expressed a desire to 10 revisit the regulations for garage sale signs; and 11 12 WHEREAS, the Land Development Code currently allows one sign per garage sale to be 13 located on the homeowners property; and 14 15 WHEREAS, additional signage will increase visibility of the garage sale, helping the 16 owner or lessees of the property gamer a more successful sale; and . 17 18 WHEREAS, at the November 12, 2013 meeting of the Planning Board-following a 19 public hearing voted to recommend approval of Application PB-13-031, as amended, by a vote 20 of 6 ayes, 0 nays; and 21 22 WHEREAS, the City Commission IS desirous of accepting the Planning Board's ~3 recommendation. ,4 25 NOW~ THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. Section 20-4.3(B), 20-4.3(1)(1), Section 20-4.3(1)(2), and Section 20-4.10(A) 29 of the City of South Miami Land Development Code are hereby amended to read as follows: 30 31 -20-4.3 -Sign Regulations 32 33 (B) Applicability and Definitions 34 35 * * * 36 37 Sign, garage sale. Shall mean a temporary sign erected en private property for the purposes 38 of notifying the public of a garage sale. 39 40 * * * 41 42 (1) Zoning Districts 43 44 (l) RS-Single Family Residential Districts '5 -+6 47 * * * ·1 .2 3 4 5 6 7 8 9 10 2 GARAGE SALE Up to One (1) four (4) GARAGE SALE SIGN~ are is permitted per single-family residential dwelling unit, hvo times only, for two weekends including Friday enly, per eaBh calendar year.,; Signs may not to exceed two (2) square feet in area. Said sign~ may enly be erected in compliance with the provisions of Section 20- 4.10(A)(4) on the private property where the garage sale is to be located from sunrise to sunset and shall include the address for the location of the garage sale. 11 * * * 12 13 (2) RT-Townhouse Districts 14 15 16 17 18 19 20 21 22 '>3 ~ * * * GARAGE SALE Up to One (1) four (4) GARAGE SALE SIGN~ are is permitted per townhome or single-family residential dwelling unit, two times en:ly, for two weekends including Friday en:ly, per eaeh calendar year.,; Signs may not to exceed two (2) square feet in area. Said sign~ may enly be erected in compliance with the provisions of Section 20-4.10(A)(4) on the private property \vhere the garage sale is t6 be located from sunrise to sunset and shall include the address for the location of the garage sale. 25 * * * 26 27 20-4.10 -Garage Sale 28 29 (A) Applicability 30 31 * * * 32 33 (2) Before such permit shall be issued, the applicant shall file with the Code Enforcement 34 Division Finance Department an application containing the following information: 35 (a) Street address or legal description where such sale is to be conducted. 36 (b) Proof of ownership or lease of property. 37 (c) Dates of sale. 38 (d) Hours of sale. 39 ( e) Notification of residents of properties on both sides of applicant. 40 (f) Location of Signs 41 42 * * * 43 (4) Up to a total of Only one four (4) sign~ complying with the regulations listed in Section 45 20-4.3(1) of the Land Development Code (not exceeding two square feet in size) may 1 2 3 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 "'1 J 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 11.4 46 3 be displayed on the property and within the vicinity of where such sale is being conducted. Up to two signs advertising the garage sale are permitt.ed to be displayed on private property where the garage sale is being held. The remaining signs are permitted to be located near the base of the street sign or utility pole at the intersection closest to the property conducting the garage sale. Signs placed in these locations shall not impede visibility or pedestrian accessibility. Tht? property, sign shall not be erected or placed closer than five feet to the front or side property line. +he s~ign~ shall not be affixed to a tree~ er utility pole~";" or street sign. Immediately following the completion of the garage sale, all signs must be removed. Any signs found after the completion of the garage sale will be considered a violation of this section. Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. 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. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to hmmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. PASSED AND ENACTED this ___ day of __________ , 201...:: ATTEST: CITY CLERK 1 st Reading 2nd Reading APPROVED: MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: CITY ATTORNEY MIAMI HERALD I MiamiHerald.com City of Coral Gables Public Invited To M Trolley Master Plan Meeting The City of Coral Gables is hosting a meeting to discuss a proposed Trolley Master Plan. Thursday, December 12, 2013 6:30 p.m. to 8:00 p.m. Youth Center Theater 405 University Drive The public is invited to attend. Plans for possible improvements to the popular Trolley will be discussed. The results of a recent Trolley survey will also be presented. Currently, the Coral Gables Trolleys run along Ponce de Leon Boulevard from the Douglas Road Metrorail Station to Flagler Street. Trolleys pick up and drop off passengers at 55 stops weekdays from 6:30 a.m. to 8 p.m. and on Gallery Night (first Friday of the month) until 10 p.m. For additional information, contact the Coral Gables Trolley at 305-460-5070 M~RC~D~S ~. H~RNAND~Z, P.A. C.305.609.4602 MERCEDESHERNANDEZ@COMCAST.NET SE SUNDAY, DECEMBER 8, 2013 I 31SE CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, December 17, 2013, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance of the City of South Miami, Florida confirming the abandonment of that alley commonly known as 41" Street Bird Road Alley. An Ordinance amending Section 20-2.3(B) entitled Applicability and Definitions, Section 20-4.3(1)(1) entitled RS-Single Family Residential Districts, Section 20-4.3(1)(2) entitled RT-Townhouse Districts, and Section 20-4.10 entitled Garage Sale in order to increase the amount of signage allowed for garage sales. An Ordinance amending subsection 4-2(a) of the City Code changing distance requirements regarding alcohol sale and service. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.01 OS, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. CITY OF SOUTH MIAMI NOTICE OF GENERAL AND SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a General and Special Election for the City of South Miami for the Mayor for a two (2) year term, a Commissioner-Group I for a four (4) year term, and a Commissioner-Group IV for a four (4) year term, together with questions relating to amendments to the City's Charter, will be held on Tuesday, February 11, 2014 from 7:00 a.m. to 7:00 p.m., in the City Commission Chambers, of the City of South Miami City Hall at 6130 Sunset Drive. Qualifying period for this election begins Monday, January 6, 2014 at 9:00 a.m., and ends Friday, January 10, 2014 at 5:00 p.m. Registration ends at 5:00 p.m. sharp each day. Inquiries can be made by calling the City Clerk's office at: 305-663-6340. Maria M. Menendez, CMC City Clerk City of South Miami For further information regarding the proposed amendments to the City's Charter you may visit our website at www.southmiamifl.gov Or, you may also visit the Clerk's Office Monday-Friday, between 9:00 a.m. and 4:00 p.m. at 6130 Sunset Drive, South Miami, FL 33143. Date: 12/6/2013 County: MIA Adnumber: 2195368 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, F10rida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, December 17, 2013, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance of the City of South Miami, Florida confirming the abandonment of that alley commonly known as 41st Street Bird Road Alley. An Ordinance amending Section 20-2.3(B) entitleJ\} Applicability and Definitions, Section 20-4.3(1)(1) entitled RS-Single Family Residential Districts, Section 20-4.3(1)(2) entitled RT-Townhouse Districts, and Section 20-4.10 entitled Garage Sale in order to increase the amount of signage allowed for garage sales. An Ordinance amending subsection 4-2(a) of the City Code changing distance requirements regarding alcohol sale and service. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 12/613-3-56/2195368M Read more: bttp://www.daiIybusinessreview.com/search_notices.jsp#ixzZ2nNbEkUKl MIAMI HERALD I MiamiHerald.com CITY OF SOUTH MIAMI NOTICE OF GENERAL AND SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a General and Special Election for the City of South Miami for the Mayor for a two (2) year term, a Commissioner-Group I for a four (4) year term, and a Commissioner-Group IV for a four (4) year term, together with questions relating to amendments to the City's Charter, will be held on Tuesday, February 11,2014 from 7:00 a.m. to 7:00 p.m., in the City Commission Chambers, of the City of South Miami City Hall at 6130 Sunset Drive. Qualifying period for this election begins Monday, January 6, 2014 at 9:00 a.m., and ends Friday, January 10, 2014 at 5:00 p.m. Registration ends at 5:00 p.m. sharp each day. Inquiries can be made by calling the City Clerk's office at: 305-663-6340. Maria M. Menendez, CMC City Clerk City of South Miami For further information regarding the proposed amendments to the City's Charter you may visit our website at www.southmiamifl.gov Or, you may also visit the Clerk's Office Monday-Friday, between 9:00 a.m. and 4:00 p.m. at 6130 Sunset Drive, South Miami, FL 33143. SE SUNDAY, DECEMBER 22, 2013 I 25SE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, January 7, 2014 beginning at 7:00 p.m., inthe City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): ( An Ordinance amending Section 20-2.3(8) entitled Applicability and Definitions, Section 20-4.3(1)(11 entitled RS-Single Family Residential Districts, Section 20-4.3(D(2) entitled RT-Townhouse Districts, and Section 20·4.10 entitled Garage Sale in order to increase the amount of signage allowed for garage sales. An Ordinance amending subsection 4-2(a) of the City Code changing distance requirements regarding alcohol sale and service. An Ordinance of the City of South Miami amending the City's Land Development Code Section 20-3.3(0), Permitted Use Schedule and Section 20-7.12(8). Permitted Uses; to permit certain additional uses within RS-5 and SR zoning districts, and to correct a scriveners error related to school parking and special use conditions. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing. he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. MIAMI CAlLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared M. ZALDIVAR, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 1/7/2014 in the XXX X Court, was published in said newspaper in the issues of 12/20/2013 Affiant further -W~( the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commi sion or refund for the purpose of securing this adve' m t for publication in the said newspaper. (SEAL) M. ZALDIVAR personally known to me B. THOMAS Notary Public -State of Florida My Comm. Expires Nov 2, 2017 Commission # FF 034747 Bonded Through National Notary Assn.