31
2 ORDINANCE NO. [
3
4 An Ordinance of the City Commission of the City of South Miami, amending
5 Section 4-2(a) of the City Code adding drugstores, convenience stores and
6 service stations as listed uses in the table of distance requirements regarding
7 alcohol sale.
8
9 WHEREAS, the Code of Ordinances currently does not provide for the sale of beer and
10 wine in drugstores, convenience stores and service stations; and
11 WHEREAS, the sale of beer and wine for off-premise consumption is a customary use in
12 a drugstore, convenience stores and service stations; and
13 WHEREAS, the City Commission is desirous of providing assistance to the commercial
14 areas of the City while mitigating adverse impacts, where possible, to surrounding properties.
15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
17 Section 1. Section 4-2(a)(4) of the City of South Miami Code of Ordinances IS
18 hereby amended to read as follows:
19 Section 4-2 -Distance Requirements; nonconforming use; certificate of
20 occupancy.
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
(a) Distance requirements.
(1) Distance from a church, school, or residential property shall
be measured by following a straight horizontal line from the
nearest point of the property line of the property on which the
proposed licensed establishment is to be located to the nearest
point of the property line of a church, school or residential
property.
(2) In all other cases, distance shall be measured by following
a straight horizontal line from the nearest point of the perimeter
wall of the proposed establishment to the nearest point of the
perimeter wall of the existing establishment.
(3) No premises shall be used for the sale of alcoholic
beverages where the proposed licensed establishment is located
less than the distance in feet from another use as indicated in the
following chati:
MIAMI 4411630.1 78496/45494
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
~ SP:fCli1gR,~quired '~~CI1Urct1or; .•. ". I Barsi
• ·(teet) >.(> ~ ~,.~~~ ~~,,~""'~~' .••• ,. ~~,~ .. ~ .~ . r "R' '····e(slaent.J.·a:.~ • .".·~.~·. ~ • R' est,aur~"a~ nts.·~ 'IQ,'u" n~. g·e·. s .. ','
~ ~~~.~, .~'.. . ~ 9r()ce~ , ~l'nghtcl,!P' ';;~tor~t>: ..... . . c:: .'~'~ .;.scb();Q ,.; ~. " ...... ~ .. ,. ~. . ~ . ~ .~
Restaurants 500 500
Bar/lounge 500 500
Nightclub 500 500
Grocery store 500 o
Supermarkets 500 o
Package stores 500 500
Gift baskets o o
Nonconforming uses o o
Drugstores o o
Convenience Stores 500 o
Service Stations o o
*The spacing between residential properties and restaurants,
bar/lounges and nightclubs does not apply within the Hometown
District., as well as adjacent residential property outside of the
Hometovm District. The spacing requirements between
restaurants, bar/lounges and nightclubs located within the
Hometown District and residential properties located just outside
the Hometown District, does not apply. to restaurants, bar/lounges
and nightclubs located within the Hometovm District.
(4) Exceptions from the aforementioned distance requirements
from residential. Premises located in zoning districts which permit
restaurants and which are located along Bird Road, Red Road, and
U.S. 1 (South Dixie Highway) may serve non-distilled alcoholic
beverages such as wine and beer, but no beverage containing
distilled spirits, as part of an approved restaurant use provided:
a) no bar is provided, b) food is served in conjunction with beer
and wine within or upon the premises at approved seating only,
c) the sale of wine and beer is less than half the total monthly sales,
d) wine and beer are not removed from the premises, e) a
permanent, opaque buffer is provided between the premises and
any and all adjoining properties which are zoned residential, and
f) for restaurants licensed after December 17, 2013, wine and beer
shall only be served between the hours of 11 :30 a.m. and
midnight. Distance requirements from churches and schools shall
be observed for all propeliies along Bird Road, Red Road, and
U.S. 1 (South Dixie Highway). The restaurant shall provide the
city with the restaurant's records of its sales of food and beverages
upon demand of the city manager, or his designee, or of a city code
enforcement employee.
MIAMI 4411630.1 78496/45494 2
1 (5) The restricted distances, listed in the subsection 4-2(a)(3)
2 schedule, between premises that sell wine and beer and another
3 land use that is protected, shall not apply if the protected class of
4 land use, listed in the schedule, is located in a municipality other
5 than the City of South Miami and provided that the ordinances of
6 the adjacent, applicable municipality would not be violated if the
7 location of the and uses in question were reversed, i.e., the church
8 were located in South Miami and the proposed store or restaurant
9 selling wine and beer were located in Coral Gables.
10 Section 2. Codification. The provisions of this ordinance shall become and be made
11 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
12 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
13 "ordinance" may be changed to "section" or other appropriate word.
14 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance
15 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
16 holding shall not affect the validity of the remaining portions of this ordinance.
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
PASSED AND ENACTED this _ day of ____ , 2014.
ATTEST:
CITY CLERK
1 st Reading -
2nd Reading -
3rd Reading -
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
MIAMI 44 J J 630. J 78496/45494
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
3
.>'.:
17501S; pixieHlNy.
Miami" ,
305-278-8004
Mon-Fri 8 -8, $at8 -7, Sun 10 -5
www.batteriesplus.com --:: $1 5.-0 if -----,
I Watch I'" II Off Smartphone • : Battery & p; ': or Tablet
I Installation ~ : I Screen Repair
: .11,,11,1 !I{"!,I,I!!,I,I,II,!I,I,I,~~" ",,,,",,,,,' :: 1111111111111111111111111 ,_
I parlIClp;,;tm; IO(3tl~ns. No! vallo WIth ~lher (Iffers II l,iIIll). (JIll!. v,)I~! or', 1"~lDd: [lrmim;l5 ,1\ jMltlclpal'l1q I
I ~u~,~s~~:~!~r~~~~~~o.~_;t~~;~U~~~:Sa~darc~~n~~e II ~OcC~I!O;x~I~;i~~~I~~';~~~%~~;~~;e~~~~~~Rr~~Fore;1
I p\licM"ses. No c~sh vallie. See s;o'e lo! complete ) I not vaM 101 onJln~ pUlchases. No ,as~ value, See store)
L.d':';~I~E~E.',e1.1.~.12 .. .o~2~ ____ J L.f~co~pl!!e~la~.~tr~121.!.2D~O~ _ J
··101~nU'ACE:J..a~of~Gaer.ec.::.mp.ry.BetdCT0S801.0UAAC:UisJ!\'l]tI!e'l!dna:Ierr\;J~of:l-e~~.
lre:l~I=Alrght~.AIre:p>tered~;vetlce~ol\l"e1r~cwre-~
.22
The Place to Shop for Every
Personal service is
our specialty
• Bridal Gowns
• Mother of the Bride
• Social Occas·on Gowns
• Prorn, Sweet 15, Bat Mitzvoh
• Social Occasion Attire
• Intirnote Apparel & Shopeweor
• Sizes 0 -30
• Special Orders h/ailoble
OPEN HOUSE
TOUR FOR
PARENTS OF
PROSPECTIVE
STUDENTS
9:00 -9:45 AM
rsvp at:
WlNW.alexandermontessori.eoml
RSVPopenhouse
or call our Office
at 305-665-6274
Come tour the
world of a child.
See it. Believe it.
Limitless Learning.
Unlimited Possibilities .
TUESDAY
December 9, 2014
Red Road Campus
6050 SW 57 Avenue
Preschool -K, Ages 3-6
Alexander
Montessori SChool
';0 LEARN TO t.~)VE TO LEARN
Alexander Montessori School does nor discriminate on the basis of fllce, nationalfty, or ethnic origin.
The Public is advised that the South A Municipal Advisory Committee (MAC) will be holding a meeting on
Wednesday, December 10, 2014 at 6:30 P.M. at Deerwood Bonita Lakes Park, 14445 SW 122nd Avenue,
Miami,33186.
CITY OF SOUTH MIAMI
, COURTESY NOTICE
The MAC will be evaluating the potential incorporation of the area into a separate municipality; it will also be
meeting with staff to discuss the County's concerns regarding any adverse impactto the remaining unincorporated
municipal service area or other regional municipal-type services that could occur due to any such incorporation.
The MAC area is generally bounded as follows:
NORTHERN MOST BOUNDARY: SW 120th Street
SOUTHERN MOST BOUNDARY: SW 232nd Street
EASTERN MOST BOUNDARY: US 1
WESTERN MOST BOUNDARY: SW 157th Avenue
(Boundaries only include areas within
County Commission Dislricl9 for sludy area)
The public is invited to share its thoughts on incorporation, the proposed boundaries, services it wishes to see
enhanced and any additional information that may assist the MAC in its deliberations.
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 Wednesday. December 17. 2014
beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive. to consider the following
item(s):
A Resolution authorizing the City Manager to negotiate an agreement with ADP to provide payroll services,
Human Resources and Time & Attendance integrated software solution.
(
An Ordinance amending Section 4-2(a) of the City Code adding drugstores, convenience stores and sen.·ic;'\
stations as listed uses in the table of distance requirements regarding alcohol sale. J
An Ordinance amending Section 20-4.2 ofthc City of South Miami's Land Development Code to add criteria for
the City's approval of a plat or rc¥plat tentatively approved by the Miami·Dade County.
An Ordinance amending Sec. SA-5 (a), (b), (c), (c) and (1) of Chapter SA of the City orSouth Miami's Code
of Ordinances as to definitions and exemptions and adopting applicable portions of the Miami·Dade County
lobbying ordinance concerning definitions and exemptions as well as providing stricter requirements and
penalties.
An Ordinance amending the Land Development Code Section 20-4.5 and 20-4.5.1. including, but not limited to,
provisions concerning intent, definitions, applicability and providing for tree removal requiremcnts, applications,
permits, fees tree mitigation and protection, enforcement, penalties, remedies, and appcals.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Offiee at: 305·663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 186.0105. the City hereby advises the public that ira person decides to appeal any decision made by this Board. Agency
or Olmmis~jQn with respect to any matter considercd at its meeting or hearing. he or she will need a record of the proceedings, and that tilt such
purpose. affectcd pcrson may need to ensure that a verbatim record oflhc proccedings is made which record includes thc Ics1imony and cvidence
llponwhichthcapPc<J1 is lobe based.
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
MARIA MESA, 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
NOTICE OF PUBLIC HEARING 12/17/2014
in the XXXX Court,
was published in said newspaper in the issues of
12/05/2014
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 . er paid n any person, firm or corporation
a Iscount, r e, commission 0 efund for the purpose
of securing IS advertisement for pu lication in the said
newspaper. '_ ____ ---j--__
(SEAL)