91
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.
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(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 chart:
MIAMI 4411630.1 78496/45494 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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Spllcingll~quire(l ." '., ¢~ur~h' or ,.;/ .. ,/. '. i; .... '. .... .....lJarsr '. ..' Gnlcery:
. (fe~t»;/.;.": ··········;;S¢~()91;;.iResi<l~~tI~I'" Restaurants ....•.•. Iotinge~ . : Nightclub < (store.
Restaurants 500 500
Bar/lounge 500 500
Nightclub 500 500
Grocery store :WQQ 0
Supermarkets :WQQ 0
Package stores 500 500
Gift baskets 0 0
Nonconforming uses 0 0
Drugstores 0 0
Convenience Stores :WQ 0 0
Service Stations 0 0
*The spacing between residential properties and restaurants,
bar/lounges and nightclubs does not apply within the Hometown
District., as '.vell as adjacent residential property outside of the
Hometown 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 properties 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 ____ , 2015.
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 I 1630.1 78496/45494
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
3
GiveYolir
Christmas Tree
New Life ........
Recycle It I
and Recycling Centers* or the West JVlI<'!mJ-U;mp
Home Chemical Collection Center.
Trees will be recycled into mulch. ALL
BROUGHT IN FOR RECYCLING MUST BE
OF TREE STANDS, LIGHTS, ORNAMEI\ITS, TINSEL j;;1
AND OTHER DECORATIONS.
Mulch will be made available for free to
area residents on a first-come,first-s~rved
while supplies last, beginning around mid-JanuaJ
Can't drop off your tree? Visit our website
additional disposal.options.
For a listing of Christmas tree drop-off locations
and hours,a~d mulch availability locations, please
........ call 3-1-;1. or visit the Miami~Dade County Pu
and Waste Management Departm
MJAM~DADE •. ·
~
Public Works and
Waste Management
Department
MiamiHerald.com I MIAMI HERALD
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. January 6 2015 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.
A Resolution authorizing the City Manager to entcr into a multi-year contract with Envirowastc
Services Group, Inc. for storm drain system cleaning and maintenance services.
(
An 'ordinance amending Section 4-2(a) of the City Code adding drugstores, convenience stores)
and service stations as listed uses in the table of distance requirements regarding alcohol salc.
An Ordinance amending Section 20-4.2 of the City of South Miami's Land Development Code
to add criteria for the City's approval of a plat or re-plat tentatively approved by the Miami-Dade
County.
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 286.0lO5, the City hereby advises the puhlie 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
whieh record includes the t~stimony and evidence upon which the appeal is to be hased=.============:!
CORAL GABLES
Museum
to expand
progralTI
BY MONIQUE O. MADAN
mmadan@MiamiHerald.com
The Coral Gables Mu-
seum recently received
$200,000 from the Florida
Department of Education to
expand its existing pro-
grams that focus on environ-
mentally sensitive design.
The "Green City Pro-
gram" is focused on teach-
ing future generations about
designing environmentally
sustainable communities.
The program for K-12 stu-
dents explores everything
from what can be done at
home to lower the carbon
footprint to how to design a
LEED-certified building ,
and ultimately, a green city.
For more information,
call 305-603-8067.
RIVIERA DAY SCHOOL 6800 Nervia Street, Coral Gables, FL 33146 I Tel. 305.666.1856
RIVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue, Miami, FL 33176 I Tel. 786.300.0300
www.rivieraschools.conlIAccreditedbyAISF.SACS.MSA.Ai. NCPSA, NIPSA
MIAMI DAILY BUSINESS REVIEW
Pu bli sh ed Daily except Saturday , S unday and
Legal Holidays
Miami , Mia mi-D ade Co unty, Fl orid a
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MA~'A ME~A , who on oath says that he or she is the
LEG.AL CLERK , Legal Notices 01 the Miami Daily Business
Review flk/a Miami Review , a daily (except Saturda Sunda ~:~~:g~1 H?~idayS) newspaper, published at Miamti'n Miam~Dade
. y , on a , that the attached copy of advertisement
being a Legal Advertisement of Notice in the matter of '
CITY OF SOUTH MIAMI
PUBLIC HEARING -JANUARY 6, 2015
in the XXXX Court
was published in said newspaper in the issues of
12/19/2014
Affiant further says that the said Miami Daily Business
~evlew IS a newspaper published at Miami in said Miami-Dade
ounty , Flonda and that the said newspaper has
~~re~ofore been continuously published in said Miami-Dade County ano~lh a , ~ach day (except Saturday , Sunday and Legal Holidays) ,
ff' as een .entered as second class mail matter at the post
o Ice In Miami In said Miami-Dade County , Florida, lor a
p~no~ ~ one year ne xt preceding the first publication of the
:h!C
h
e cor; of advertisement; and affiant further says that he or
any d~~~~1 er paid nor promised any person , lirm or corporation
. omm on or refund for the purpose
cunng t ment I r publication in the said
newspaper .
(SEAL)
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City 01 South
Miami, Florida will conduct Public Hearing(s) at its regular City
Commission meeting sched uled lor Tuesday. January 6 . 2015 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.
A Resolution authorizing the City Manager to enter into a
multi-year contract with Envirowaste Se rvices Group , Inc. for
storm drain system clean in g and maintenance services.
An Ordinance amending Section 4-2 (a) 01 the City Code adding
drugstores, convenience stores and service stations as listed uses
in the table of distance requirements regarding alcohol sale.
An Ordinance amending Section 20 -4.2 01 the City of South
Miami 's Land Development Code to add criteria for the City 's
approval of a plat or re -plat tentatively approved by the Miami-
Dad e County.
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 Commis sion with respect to any matter considered at its
meeting or hearing , he or she wi ll need a record of the proceedings, and
that for such purpose, affected person may need to ens ure that a verbatim
. record of the proceedings is made whi ch record includes the testimony
and evidence upon which the appeal is to be based.
12119 14-3-91/2386113M