1515
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 4-2(a) of the City Code changing distance
4 requirements regarding alcohol sale and service
5
6 WHEREAS, the Code of Ordinances currently does not allow for the sale and service of
7 beer and wine by restaurants that are adjacent to churches, schools and residential properties,
8 other than as specifically exempted under Section 4-2(a)(4); and
9
10 WHEREAS, certain commercial establishments along SW 57 A venue (Red Road) have
11 requested consideration for beer and wine licenses in conjunction with approved restaurant uses;
12 and
13
14 WHEREAS, there are currently businesses along SW 57 Avenue (Red Road) that have
15 active liquor licenses, that are adjacent to both religious institutions and residential properties in
16 adjacent municipalities; and
17
18 WHEREAS, the City Commission is desirous of providing assistance to the commercial
19 areas of the City while mitigating adverse impacts, where possible, to surrounding properties.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
23
24 Section 1. Section 4-2(a)(4) of the City of South Code of Ordinances is hereby amended
25 to read as follows:
26
27 Section 4-2 -Distance Requirements; nonconforming use; certificate of occupancy
28
29 (a) Distance requirements
30
31 * * *
32
33 (4) Exceptions from the aforementioned distance requirements from residential. Premises
34 located in zoning districts which permit restaurants and which are located along Bird
35 Road, Red Road, and U.S. 1 (South Dixie Highway) may serve wine and beer as part of
36 an approved restaurant use provided: a) where no bar is provided, QL where food is
37 served in conjunction with alcoholic beverages within or upon the premises at approved
38 seating only, c) the sale of alcoholic beverage is not more than 40% of the total monthly
39 sales, d) alcoholic beverage is not removed from the premises, e) and where a
40 permanent, opaque buffer is provided between the premises and any and all adjoining
41 properties which are zoned residential, f) for restaurants licensed after December 17,
42 2013, alcoholic beverage shall only be served between the hours of 11 :30 a.m. to 12:00
43 a.m/midnight. Distance requirements from churches and schools shall be observed for
44 all properties along Bird Road, Red Road, and U.S. 1 (South Dixie Highway). The
45 restaurant shall provide the City with the restaurant's records of its sales of food and
46 beverages upon demand of the City Manager, or his designee, or of a City Code
47 Enforcement employee.
48 12-13-13
2
(5) The restricted distances, listed in the Section 4-2(3) schedule, between a premises that 1
sells alcoholic beverages and another land use that is protected shall not apply if the 2
protected class of land use, listed in the schedule, is located in a municipality other 3
than the City of South Miami and provided that the ordinances of the adjacent, 4
applicable municipality would not be violated if the location of the land uses in 5
question were reversed, i.e., the church is located in South Miami and the proposed 6
liquor store is located in Coral Gables..
8
7
Section 2. Codification. The provisions of this ordinance shall become and be made part 9
of the Code of Ordinances of the City of South Miami as amended; that the sections of this 10
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 11
"ordinance" may be changed to "section" or other appropriate word. 12
13
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 14
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 15
shall not affect the validity of the remaining portions of this ordinance. 16
17
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 18
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 19
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 20
that give the appearance of being in conflict when the two ordinances can be harmonized or 21
when only a portion of the ordinance in conflict needs to be repealed to harmonize the 22
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 23
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 24
to harmonize the two ordinances shall be repealed. 25
26
27
PASSED AND ENACTED this ________ day of ________________________, 2014. 28
29
ATTEST: APPROVED: 30
31
________________________ ________________________ 32
CITY CLERK MAYOR 33
34
1st Reading: 35
2nd Reading: 36
3rd Reading: 37
38
READ AND APPROVED AS TO FORM: COMMISSION VOTE: 39
LANGUAGE, LEGALITY AND Mayor Stoddard: 40
EXECUTION THEREOF Vice Mayor Harris: 41
Commissioner Liebman: 42
Commissioner Welsh: 43
________________________ Commissioner Edmond: 44
CITY ATTORNEY 45
MIAMI HERALD
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 2SSE
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., in the 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(J}(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 regardin0
alcohol sale and seNice. . }
An Ordinance of the City of South Miami amending the City's Land Development Code Section
20-3.3[D}, 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 wilf be heard.
For further information. please contact the City Clerk's Office at: 305-663-6340.
Marla 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 DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Hotidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersignecj 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 f/k/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 -"¥~ 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.
MIAMI DAILY 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 -MARCH 18,2014
in the XXXX Court,
was published in said newspaper in the issues of
03/07/2014
Affiant further says that 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, commission refund for the purpose
of securing this advertisement fa ublication in the said
newspaper.
14
MARIA MESA
t>~ Notary PubliC • State 01 Florida
* .§ My Comm. Expires Mar 4,2016
<:.~';., :"<i$-~ Commission # EE 168275 '"f Or f\'O~'\" .
L",_"::;:,'li"'1'" ""'I!i ... B"'IIond_ed\!l!Thr_oug~h'llNl"aI~lonal!P"'1NIi"O!~ary .. AsIIiIISll'n ....
, ,
CITY OF S()UTH MIAWn ...
NOTICE'OF PUBLlC.ftEARING
MIAMI HERALD I MiamiHerald.com
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, March 18, 2014 beginning at 7:00 p.m., in the City Commission
Chambers, 6130 Sunset Drive. to consider the following item(s):
A Resolution related to a request pursuant to Section 20~3.4(B)(4)(b} of the City of South Miami Land Development Code
for Special Use Approval to expand a general restaurant at 5701 Sunset Drive, Shops at Sunset Place Unit A01A;
within the Specialty Aetail "SA", Homatown District Overlay "HD-OV".
A Resolution authorizing the City Manager to enter Into a multi-year contract with Redflex Traffic Systems Inc. for providing
red light enforcement cameras and support at IdentJfled Intersections within the City of South Miami.
A Aesolution authorizing the City Manager to enter Into a three (3) year contract with South Miami United F.e. Inc .• for the
management of youth saccer programs at Downrite/South Miami Park.
I An Ordi~ance amending Section 4-2(a) of the City Code changing distance requirements regarding alcohol sal~
land serv1ce. J
An Ordinance amending the Land Development Code, Section 20-6.1 (8)(2)(d) changing the time of the Planning
Board meetings.
An Ordinance related to a request for a zoning map amendment to the City of South Miami official zoning map, to
re-zone the Agency owned property assemblage referred to as the Marshall Williamson properties. folio numbers
09-4025-000-0850; 09-4025-000-0852; and 09-4025-065-0090, from a current zoning designation of "AS-4"
(Single-Family) to the "AM-18" (low Density Multi-Family Aesidentlaij to allow for additional residential dwelling units
within the Madison Square Mixed-Use Development Project.
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
CilyClerk
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, affec1ed person may need to ensure that a verbatim record of the proceed'ings is made which record Includes the
testilllony and evidence upon which the appeat is to be based.