Loading...
Ord. No. 03-98-1651J, ORDINANCE NO.3-98-1651 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES,WHICH IS ENTITLED "ALCOHOLIC BEVERAGES,"IN ORDER TO REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on October 28,1997,the Planning Board voted 6:1 to recommend tothe City Commission "that the area on Bird Road be reviewed asa special zoning district,in order to permit the consumption ofbeerand wine,and,inordertospur growth and redevelopment inthat particular area;"and, WHEREAS,on November 18,1997,the City Commission requested thattheCityAdministrationprepareadraftordinanceforfirst reading,inordertoobtainpublicinputregardingthedistance requirements from residential properties for businesses inthe Bird Road Area,which desire to permit the consumption of beer and wine on the premises;and, WHEREAS,the "Bird Road Area"for purposes ofthis ordinance isthatareadesignatedasNeighborhood1ofthetentraditional neighborhoods described in the City's Comprehensive Plan;and, WHEREAS,theCityAdministrationhas mailed noticestoall property owners who own property which is located within the City and is north of Blue Road (S.W.48 Street),in order to obtain the public input which is desired by the City Commission;and, WHEREAS,saidmailingtopropertyownersisnotarequired action bytheCityto fulfill any advertising requirement;and, WHEREAS,allprocedural requirements,assetforthinboth the laws of the State of Florida and in the City of South Miami's adoptedLand Development Code,have been met;and, WHEREAS,on December 30.1997.South Miami Planning Board voted 5:2to recommend denial ofthe ordinance as proposed.The Planning Board then voted 7:0to recommend for approval that the Bird Road Alcoholic Beverages Ord:3rd Reading February 3,1998 1 following four recommendations be forwarded to City Commission for consideration and possible incorporation into the ordinance reviewed by Planning Board: 1)that beer and wine only be served with food in restaurants; 2)that no bar be established within the design of restaurants; 3)that the City Attorney draft guidelines for what constitutes restaurants; 4)that a permanent,opaque buffer be erected between commercial establishments and adjoining residential property;and. WHEREAS,the City Commission finds that itis in the public interest to review distance requirements related to the sale of alcoholic beverages inthe area known as the "Bird Road Area." NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Section 4 2(a)(3)which includoo a chart with a footnote io hereby amended dothatthe footnote roado ao followo; *—The—opaeing—between—rooidential—proportion—and rcotauranto,—bar/lounge—and nightclub—doco—net—apply within—the—Hometown—Diotriet,—as—well—as—adjacent residential property outoidc ofthe Hometown Diotrict. qphio exemption io aloo adoptedfor propcrtioo which a^e Boned for commercial purpoaco and located on Bird Road. That a new sub-section 4-2(a)(4)shall be created as follows: (4)Excerptions from the aforementioned distance requirements from residential -Premises located in zoning districts which permit restaurants and which are located along Bird Road may serve wine and beer as part of an approved restaurant use,where no bar is provided,where food is served in conjunction with alcoholic beverages,and where a permanent,opaque buffer is provided between the premises and any and all adjoining properties which are zoned residential.Distance requirements from churches and schools shall be observed for all properties along Bird Road. BirdRoad Alcoholic Beverages Ord:3rd Reading February 3,1998 Section 2.If any section,clause,sentence,or phrase of this ordinance is for any reason held invalid or unconstitutional bya court of competent jurisdiction,the holding shall not affect the validity of the remaining portions of this ordinance. Section 3.All ordinances or parts of ordinances in conflict with the provisions ofthis ordinance are hereby repealed. Section 4.This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 21st day of January,1998. PASSED AND ADOPTED this 3rd day of February,1998. ATTEST: ^{uMjbu CITY CLERK 1st Reading -12/2/97 2nd Reading -2/3/98 READ AND APPROVED AS TO FORM /<£•<W/-A c dlTY ATTORNEY c:\...\Ldc \Alcoholic Bev Ord.doc COMMISSION VOTE:5-0 Mayor Price:Yea Vice-Mayor Robaina:Yea Commissioner Oliveros:Yea Commissioner Young:Yea Commissioner Bethel:Yea Bird Road Alcoholic Beverages Ord:3rd Reading February 3,199: CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and City Commission Date:January 26,1998 jfthyi Agenda Item # From:Diana Mom*'!//'^—^Re:Comm.Mtg.02/03/98 Interim CityManager BirdRoad Alcoholic Beverages 1 REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA, RELATINGTOAN AMENDMENT TOCHAPTER4OFTHE CITY'S CODEOFORDINANCES,WHICHISENTITLED "ALCOHOLIC BEVERAGES,"INORDERTOREVISETHEDISTANCEREQUIREMENTSFROMRESIDENTIAL ZONING DISTRICTS INTHE AREA KNOWN AS THE BIRD ROAD AREA;PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND.PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND &ANALYSIS: OnNovember 18,1997,theCityCommissioninstructedtheCityAdministrationtopreparea draftordinanceforfirst reading.Thepurposeofthisactionwastoelicitpublic input,regarding the possible repeal of restrictions onthesaleof alcoholic beverages near residential property. Inorderto obtain the desired public input onthis matter,three courtesy letters were mailed toall property owners who own property which is located within the City of South Miami and also located northofBlueRoad(48 Street).Copies ofthese letters are attached foryour reference. On December 30,1997,the South Miami Planning Boardvoted5:2to recommend denial ofthe ordinance as proposed.The Planning Board then voted 7:0to recommend for approval thatthe following four recommendations be forwarded tothe City Commission for consideration and possible incorporation into the ordinance reviewed by Planning Board: 1)thatbeerandwineonlybeservedwithfoodinrestaurants; 2)thatnobarbeestablishedwithinthedesign of restaurants; 3)thattheCityAttorneydraftguidelinesforwhatconstitutes restaurants; 4)thata permanent,opaque buffer be erected between commercial establishmentsandadjoiningresidentialproperty. City Manager's Report:BirdRoadAlcoholicBeverages Ordinance OnJanuary20,1998,theCity Commission instructed theCityAdministrationtopreparea revisedordinancetocontaintherecommendationsformulatedbythe Planning Board. RECOMMENDATION:Approval. Attachments: Proposed Ordinance for Adoption Staff Report by Planner Gregory J.Oravec Letters of Objection Received fromMembers of the Public Copy of Courtesy Notice to Property Ownersfor1st Reading Copy of Courtesy Notice to Property Ownersfor Planning Board Copy of Courtesy Notice to Property Ownersfor2nd Reading Excerpted Planning Board Minutes from December 30,1997 City Manager's Report:Bird RoadAlcoholicBeveragesOrdinance 1 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Brian T.Soltz Date:December 19.1997 Planner From:Gregory J.Oravec Re:Bird Road Planner AlcoholicBeverages ITEM:PB-97-032 Applicant:MayorandCity Commission Request:an ordinance of the mayor and city commission of the city of south miami. FLORIDA.RELATING TO AN AMENDMENT TO CHAPTER 4OF THE CITY'S CODE OF ORDINANCES,WHICHIS ENTITLED "ALCOHOLIC BEVERAGES,"IN ORDER TO REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA:PROVIDING FOR SEVERABILITY:PROVIDING FOR ORDINANCES IN CONFLICT:AND.PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND OnOctober 28,1997.thePlanningBoardvoted 6:1 torecommendtotheCityCommission"that theareaonBirdRoadbereviewedasaspecialzoning district,in order topermitthe consumption of beerand wine,andinordertospurgrowthand redevelopment inthatparticular area." OnNovember 18,1997,theCityCommissionrequestedthattheCityAdministrationpreparea draftordinanceforfirst reading,inordertoobtainpublicinputregardingthedistance requirementsbetweenresidentialpropertiesandbusinessesintheBirdRoad Area,whichdesire topermitthe consumption of beerandwineonthepremises. OnDecember2.1997.theCityCommissionvoted5-0toinitiatethePublicHearingprocess. ANALYSIS The"BirdRoadArea"referencedintheproposedordinanceisthenorthernmost neighborhood intheCity.Itisaneighborhoodcomposed of thefollowingzoningdistricts:GeneralRetail (GR).ResidentialOffice(RO).MediumDensityMulti-Family(RM-24),SingleFamily Residential(RS-4&RS-5).Public/Institutional (PI),andParksand Recreation (PR).TheGR zoningdistrict fronting BirdRoadisahightrafficurbanarea,andtheonlydistrictinthe neighborhood whichallowsalcoholrelateduses:but,themajority of thoseusesarenotpermitted inthedistrictbecausetheCity'sCode of Ordinancesoutlinesspacingrequirementswhich prohibit some alcohol related uses basedon their distance from churches,schools,and residential properties.These spacing requirements were created inorderto protect residential,church,and schoolusesfromthepossiblenegativeimpactswhichcanbeassociatedwiththesaleand consumption of alcohol.Now that the spacing requirements are being revisited viathe proposed ordinance,the crucial issue ishow the consumption and/or sale of alcohol in the GR zoning district wouldaffecttheBirdRoad Neighborhood. The following uses are commonly associated withthe sale and/or consumption of alcoholic beverages and are permitted withintheGRzoning district as described inSection 20-3.3 of the South Miami Land Development Code (LDC):restaurant,drinking place,liquor store,and grocerystore.Pursuantto Section 4-2(a)(3)of South Miami's Code of Ordinances restaurants, drinking places,andliquorstoresmustmaintaina minimum distance of 500feetfrom churches, schools,and/or residential properties (seeAttachment A)1.Figure 1 demonstrates thatthere are no schools within 500 feet of the GR district,and that the Hope Lutheran Church facility is within 500 feet of a minor portion of the GR district.Most importantly,however.Figure 1 exhibitsthatthereisnosegment of theGRzoning district whichisnotwithin500 feet of a residential property.Asa result of these minimum distance requirements,a grocery store would currently be permitted to sell beer and wine inmost of the subject area,pursuant to state approval and all other applicable South Miami laws,because itdoesnot have a required minimum distance from a residential area.The remaining alcohol related uses,however,are currently prohibited from allowing the sale and/or consumption of alcoholic beverages in the GR zoning district almost exclusively because of their distance from residential properties. Should alcohol related uses be permitted within 500 feet of residential properties?Miami-Dade County has answered yes.The Code of Metropolitan Dade County does not require aminimum distance between alcohol related uses and residential properties (see Attachment B).Asa result, there are Miami-Dade County zoning districts bordering the Bird Road Neighborhood which wouldallowthe sale and consumption of alcoholic beverages within500 feet of South Miami residential properties.Thus,alcohol related uses could already be affecting the neighborhood. The presence of Miami-Dade zoning which allows alcohol related uses adjacent to South Miami residential properties is important because it demonstrates that this ordinance's proposed changes are nota radical divergence from What may already exist.However,itisnot reason aloneto change theCity of South Miami's Code of Ordinances because Miami-Dade County's law evidences an opinion,notan answer. Alcohol related uses can adversely affect residential neighborhoods.Examples are numerous and well documented,some are typified below.One of the lesser problems of a drinking place use results from its late hours,the noise associated withthe business can disturb surrounding residents.Onamoresevere scale,drinking places ofteninvitedrunkand disorderly conduct. Therefore,drinking place uses should be adequately buffered from a single family neighborhood. The liquor store usemayalsoinvite unwanted elementsintoa neighboring residential area. 1The names of the alcohol-related uses listed in the Land Development Code (LDC)differ from those stated in Section 4-2(a)(3)of theCode of Ordinances.The official permitted uses are as listed bythe LDC.For the purposes of this comparison,the bar/lounge and nightclub uses referred tobythe Code of Ordinances equals the drinking place use referred tobythe LDC:package store equals liquor store:and.grocery store and supermarket equal grocery store. 4< vagrants and open containers.A restaurant witha bar canhavethesame negative impacts asa drinking place.However,this rarely occurs because of the differences which arise from being a restaurant first andadrinkingplacesecond. The primary function of a drinking place isto sell alcohol for consumption on premises.In contrast,the primary function of a restaurant istosell food.Alcoholissold secondarily asa meanstoenhancethe food andthe sales receipts.Duetotheseinherentdifferences,thesale of alcohol for consumption ata restaurant is less likely to negatively impact a surrounding neighborhood.For example,a restaurant does not have tokeepthe same hours as a drinking place tobe successful.Most restaurants close by midnight,while many drinking places often stay.open until 5 a.m.:thus,restaurants do not subject their neighbors tothe same late night disturbances.Restaurants are also less susceptible to problematic patrons because thestaffis more inclined to monitor and regulate their drinking customers in order to avoid detracting from the eatery's atmosphere.Most importantly,these generalities are buttressed bythe fact thatinthe City of South Miami all restaurants are analyzed and evaluated by staff,the Planning Board,and theCityCommission.Therefore,poor or inappropriate conceptscanbe denied. At times,theCityhasdecidedthatthebenefits of permittingtheconsumption of alcoholic beverage outweighthenegative possibilities,asevidencedintheexemptions afforded the Hometown District.Eliminating the distance requirement between residential properties and restaurants whichservealcoholic beverages withintheGRdistrict of theBirdRoad Neighborhood willallowthose restaurants to increase theirsalesandcompetewithother area restaurants,spurring thegrowththatthe Planning Board calledforatthemeeting of October28. Therefore,staff concludes thatthe positives of permitting thesaleand consumption of alcoholic beverage at restaurants withintheGR district fronting Bird Road outweigh the negative possibilities. COMPREHENSIVE PLAN This request doesnotconflictwiththe adopted Comprehensive Plan of theCity of South Miami. APPLICABLE REGULATIONS Code of Ordinances 4 Land Development Code /f RECOMMENDATION The characteristics of a restaurant in conjunction withthe analysis and evaluation of said restaurant through the public hearing process greatly reduce the chance of adverse impacts to the surrounding community.Therefore,staff recommends approval of the proposed ordinance with the following changes: Section I of the proposed ordinance should be changed to state the following: .Section 1.Section4-2(a)(3)which includes achart with afootnoteattachedto the category "Residential"is hereby amended so that the category "Residential" includes an additional footnote,which reads as follows: +The spacing between residential properties and restaurants does not apply withinthe General Retail District fronting Bird Road,aswellas adjacent residentialproperty outside of saiddistrict. Attachments: Attachment A,Section 4-1&4.2 of the South Miami Code of Ordinances Figure 1,portion of City'sZoningMapshowingdistancesfromselecteduses AttachmentB,Excerpt from Code of Metropolitan Dade County) Letter dated December 2,1997 Draft.Proposed Ordinance that was approved at first reading 5-0 A Attachment A Chapter 4 ALCOHOLIC BEVERAGES* Art.I.In General,§9 4*1—4-8 Art.II.Licenses,§5 4-9—4-13 ARTICLE L IN GENERAL Sec.4-1.Manufacture,sale,distribution governed by pro visions of this chapter. No person,corporation,orotherentityshall engage inthe man- ufacture,sale or distribution of alcoholic beverages,except strictly underthetermsand provisions ofthis chapter.(Ord.No.128 §1 9-24-40;Ord.No.1448,§1,6-12-90) Sec.4-2.Distance requirements;nonconforming use;cer tificate of occupancy. (a)Distance requirements. (1)Distance from a church,school,orresidential property shall bemeasuredby following a straight horizontalline from the nearest point ofthe property lineofthe property on which the proposed licensed establishment istobelocated tothenearestpointofthepropertylineofa church,school or residential property. (2) (3) In all other cases,distance shall be measured by following a straight horizontal line from thenearestpointofthe perimeter wallof the proposed establishment tothenearest pointofthe perimeter wailof the existing establishment. Nopremises shall beusedfor the sale of alcoholic bever ages where the proposed licensed establishment is located less than the distance in feetfrom another useasindicated in the following chart: •Cross reference—Consumption of alcoholic beverages in public and private places,§15-74. State law reference-Alcoholic beverage laws,Chs.561,567,568,and 569 Florida Statutes. Supp„No.48 47 1 i 5-J" sT » 2. re 5* is en ft ST 52 •»•a. So •9 CA £ —o »*o CA ft 8»CA Sg 2.** 9 C SLa "*mm •o » c»•• *i O9 £TO ca *• a.5 o X 7A °ST 12. o e is <CA 3 9 DE CA*fij o"2. Z-fr§ 2P 2P x>n -ddns z o s o 9 o* 3# 3* w 6 CA CD CA O C" CA w rt CA O iW 09 79 Ct CA s rt CA CO c rt •1 3 fi» wr rt CA O •i o o rt < CA O •1 rt Z >CV MM* e cr 00 s> § 9 30 rt 50 ft CA c w 9 CA SpacingRequired(feet) o © O o ©© o o o © © Church or school o o o o o o o © Residential0 Restaurants Bars/lounges Nightclub Grocery store Supermarkets Package stores Gift baskets Nonconforming uses 3QOD IWVIW HUIOS Z-r § "?.^j:utheranClMlrch&relatedfacilities"j|J*-»lJIjI ._JI_Jl Figure1 II..II- MinamiJapaneseRestaurant I GRpropertieswithin500feetofresidentialproperty GRpropertieswithin500feetofschoolproperty xxxxGRpropertieswithin500feetofchurchproperty Attachment B (d)Theword "owner'*asusedinthisarticle shall include owners ofthe fee,lessee and "agent in charge." (Ord.No.57-19,§32(L),10-22-57) ARTICLE X.ALCOHOLIC BEVERAGES* Sec.33-150.Location of establishments. (A)Distance from otherestablishments.Unless approved asaspecialexception (Section 33- 311(d)),nopremisesshallbeusedfor the sale of any alcoholic beverages,as denned herein,tobe consumed onor offthe premises where the struc ture orplace of business intended for such use is located lessthan fifteen hundred (1,500)feet from a place of business having an existing, unabandoned,legallyestablished(andnotone of the uses excepted from the spacing requirements hereinafter provided)alcoholic beverage usewhich permits consumption onoroffthe premises.The fifteen hundred (1,500)feet distance require ments shall be measured by following a straight line from thenearest portion ofthestructureof the place of business. (B)Distance from church or school.Unless approvedasaspecialexception(Section33- 311(d)),nopremisesshallbeusedfor the sale of alcoholic beverages tobeconsumedonoroffthe premiseswherethestructureor place ofbusiness intended for such useis located less than twenty- five hundred (2,500)feet from atchurch or public school.Thetwenty-five-hundred-footdistancere quirement shall be measured and computed as follows: (1)Froma church,the distanceshallbemea suredby following astraightline from the •Charter reference—Authority of County to »«*«hK«ii and enforce regulations for sale of alcoholic beverages in unincorporated areas and toapprove municipal regulations on hours for the sale of alcoholic beverages,§1.01(AM 16). Cron references—Definition of alcoholic beverages.5 33-1(3);definition ofbaror saloon,9 33-1(10);definition of beer,§33-1(13);definition of cabaret,5 33-1(23);definition of intoxicating liquors.§33-1(59);minors gaining admission to prohibited places,or for purposes of securing beer,liquor or wine,by false statements or credentials,§21-10;package stores and nightclubs in hotels,RU-4 District,§33-222.4. frontdoor ofthe proposedplaceofbusiness to the nearest point of the church struc ture,and (2)From a public school,the distance shall be measured by followinga straight line from thefrontdoor of the proposed place of business to the nearestpointofthe school grounds. (O Compliance prerequisite to issuance ofli censes,permits and certificates.No certificate of useor occupancy,license,buildingorotherpermit shallbeissuedtoany person,firm,or corporation for the sale ofalcoholicbeveragestobe consumed an or offthe premiseswherethe proposed place of businessdoesnot conform tothe requirements of subsections (A)and (B)above. (D)Nonconforming uses;definition ofabandon- ment.The uses referred to in subsections (A)and (B)above that arein violation ofthe provisions thereof,and that were in existence onorbefore June 14,1956,shall be deemed tobenonconform ing and as such may continue until thereisan abandonment thereof,provided that suchnoncon forming useshavebeen established and proven to the satisfaction of the Department onor before October 1,1956,and not thereafter.After October 1,1956,the right to establish a use not conform ing with the requirements of subsections(A)and (B)shall have expired and shall not thereafter be recognized.Any uses,created and established in a legalmanner,which may thereafter become non conforming,may continue until there isanaban donment.Oncea nonconforming useis aban doned it cannot be re-established unless it can conform totherequirementsofthis chapter. Abandonmentshallconsist ofa change ofuseor ofa suspension of active business withthe public for a period ofnotlessthanthree (3)months,or priortotheend of the period,onawritten declaration of abandonmentbythetenantand owner ofthe premises ifunder lease,andifnot,by the owner. (E)Exceptions to spacing anddistance require- ments.The restrictions andspacingrequirements set forth in subsections (A)and (B)above shall not apply: (1)Tbprivateclubs,providedsuchclubs con form toallthe requirements ofa private Supp.No.16 5229 4 CITY COMMISSION CHAIRMAN City of South Miami Building.Zoning &.Community Development 6130 Sunset Drive South Miami.Florida 33143 Fax 305 663-6327 Phone 305 666-4591 FAMILY FIRST, Reference is made to Gregory J.Oravec's letter of December 19.1997 announcing a meeting to be held on the evening of December 30,1997 to review a proposed ordinance which would allow,contrary to the existing City Code of Ordinances,some businesses on Bird Road to sell alcoholic beverages for consumption on-the-prcmiscs within 500 feet of residences (family dwellings). I think it is a crime to have chosen this particular date and time of year for such a meeting.This is that special time of year when families are busy celebrating and trying to find time to spend with relatives and friends.Yet this is an issue that would likely be of concern to those same families.You do a great disservice to the targeted community by scheduling this meeting at that time.I hope you will reconsider. Sincerely Bradley N.Coule.Resident 6235S.W.42ad.Street South Miami.Florida 33155 cc:Bill Mackey.AICP Brian T.Soltz * FAX CORRECPONDENCE To:Gregory Oravec Planner,City of South Miami Fax no.(305)666-4591 From:Dave Bernero Property owner,city of South Miami 4241 S.W.62 Avenue Miami,Pi.33155 Fax no.(305)661-5229 December 21,1997 Dear Sir; Pleaseacceptthisletterasmy official objectiontothe proposedordinancechangethatwould allow thesaleofalchohollc beverages within 500feetof residential areas.Z would prefer tokeepthe existing ordinance,since there already are enough businesses within this restriction that can now sell alchohollc beverages.TheareaIamreferingtoisRedRoadandBirdRoad where there isa full service liquor store. I firmly believe thatany change,of this nature,would onlyerodethe already unstablefringearea,and contribute tothedeclineofthequalityoflife and property values in my area.Ihavealreadywitnessedenoughwanton construction, in thisarea,thathastakenplace without any Citypermits. If this letter cannot be accepted.as my official objection, pleaBe phone or fax rae at the above number,and Z will make my objection,in person at the December 30th meeting. Thank you for your support in this matter. Respectfully, >auld A.Bernero Fax/phone (30?)661-5229 December 2,1997 Bill Mackey,AICP Director of Planning and Zoning City of South Miami Dear Mr.Mackey,Please be advised that we are opposed to any variance that would allow liquor to be served in an establishment in the area adjacent to our neighborhood. We are concerned that avariance would then provide the opportunity for similar situations to be allowed andtofurther threaten this area. Thank you for your attention. Sincerely. Fane and Kenton Harris 4108 SW 61 Avenue S.Miami,FL 33155 City of South Miami BUILDING,ZONING &COMMUNITY DEVELOPMENT 6130 Sunset Drive /South Miami,Florida 33143 /(305)663-6327 Fax (305)666-4591 November 21,1997 Dear South Miami Property Owner: Thisletter serves asa courtesy notice to inform youthatonDecember2,1997,at7:30 p.m.,the City Commission of the City of South Miami,Florida,will be reviewing a proposed ordinance at first reading relating to commercial property inyour neighborhood.The meeting will be held in the Commission Chambers atCityHall located at6130 Sunset Drive,SouthMiami,Florida,and this ordinance willbe reviewed attheend of themeeting.Members of the public shouldaddress theCity Commission onthis matter under the section ofthe agenda entitled "Public Remarks." The proposed ordinance would allow some businesses onBird Road tosell alcoholic beverages for consumption on-the-premises.Currently,theCity'sCodeof Ordinances prohibits thesaleof alcoholicbeverageswithin500feetofanyresidentialproperty,whicheffectivelypreventsnew businesses from obtaining beverage licenses (exceptforthesaleofbeerasapackage item).The proposed ordinance would remove the residential distance requirement.However,the distance requirementfromschoolsand churches wouldberetained.Existinglicensesarenot affected. TheCityCommissionisinterestedinobtainingyourinput.Allinterestedpersonsareurgedto attend.Objectionsor expressions ofapprovalmaybemadeinpersonatthemeetingorfiledin writingpriortooratthemeetingwiththeCityClerk.Please,sendmailtotheaddressabove. Ifyouhaveany questions regardingthisoranyotherplanningandzoningmatter,please,feel freetocontactmebytelephoneat(305)663-6327orbytelefacsimileat(305)666-4591. Thank you. Sincerely, Bill Mackey,AICP Director ofPlanning &Zoning c:L.Dennis Whitt,CityManager Ronetta Taylor,CMC,CityClerk EarlG.Gallop,CityAttorney "Cityof Pleasant Living'i City of South Miami BUILDING,ZONING &COMMUNITY DEVELOPMENT 6130 Sunset Drive/South Miami,Florida 33143 /(305)663-6327 Fax (305)666-4591 December 19.1997 Deaf SouthMiami Property Owner: ThisletterservesasacourtesynoticetoinformyouthatonDecember30.1997.at7:30p.m..the PlanningBoard of theCity of SouthMiami.Florida,willbereviewingaproposedordinance relatingto commercial propertyinyour neighborhood.Themeetingwillbeheldinthe Commission Chambers at City Halllocatedat 6130 Sunset Drive.South Miami.Florida. TheproposedordinancewouldallowsomebusinessesonBirdRoadtosellalcoholicbeverages forconsumptionon-the-premises.Currently,the City's Code of Ordinancesprohibitsthesaleof alcoholicbeverageswithin500feetofanyresidential property,whicheffectivelypreventsnew businessesfromobtainingbeveragelicenses(exceptforthesale of beerasapackageitem).The proposedordinancewouldremovetheresidentialdistancerequirement.However,thedistance requirement from schools andchurcheswouldberetained.Existinglicensesarenotaffected. The Planning Boardisinterestedinobtainingyourinput.Allinterestedpersonsareurgedto attend.Objectionsorexpressionsof approval maybemadeinpersonatthemeetingorfiledin writingpriortooratthemeetingwiththeCityClerk.Please,sendmailtotheaddressabove. Ifyouhaveanyquestionsregardingthisoranyotherplanningandzoning matter,please feel free tocontactmebytelephoneat(305)663-6326orbytelefacsimileat(305)666-4591. Thank you. Sincerely. Gregory J.Oravec Planner c:Bill Mackey.AICP Director of Planning &Zoning Brian T.Soltz Planner 'City of Pleasant Living*'A CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY giventhattheCityCommission of theCity of SouthMiami,Floridawill conduct a Public Hearing during its regular City Commission meetingon Tuesday,January 20,1998, beginning at 7:30 p.m.,intheCity Commission Chambers,6130 Sunset Drive,to consider the following described ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODEOF ORDINANCES,WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND, PROVIDING FORAN EFFECTIVE DATE.(First Reading December 2,1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO LAND USE;PROVIDING A180 DAY MORATORIUM ON ACCEPTANCE AND REVIEW OF APPLICANTS,AND ISSUANCE OF DEVELOPMENT PERMITS,FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS TO ENABLE THE CITY TO PREPARE AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS;PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM;PROVIDINGFOR SEVERABILITY,ORDINANCESINCONFLICT, ANDPROVIDINGANEFFECTIVEDATE.(FirstReading-December 16,1997) Said ordinances can be inspected in the City Clerk's Office,Monday -Friday during regular office hours. Inquiries concerning this item should be directed to the Planning &Zoning Department at:663-6326. ALL interestedpartiesare invited toattendandwillbeheard. Ronetta Taylor,CMC CityClerk City of South Miami Pursuant to Florida Statutes 286.0105.the City hereby advises the public that ifa person decides to appeal any decision made by this Board.Agency or Commission with respect to any matter considered atits meeting or hearing,heorshe will need a record ofthe 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 istobe based. A MINUTES REGULAR MEETING Planning Board Tuesday,December 30,1997 City Commissioners'Chambers 7:30 P.M. I.Call to order and the Pledge of Allegiance. A.Mr.Basu,Chairperson,calledthemeetingto order at7:30p.m. II.Roll Call A.Boardmemberspresentconstitutingaquorum 1.Mr.Basu,Mr.Pages,Mr.Lefley,Mr.Morton,Ms.Thomer,Ms.Chimelis,andMs.Dupree B.City staff present 1.BillMackey(Planning&ZoningDirector);GregoryOravec(Planner):andDavidStruder (Board Secretary) III.Public Hearing: A.ITEM:PB-97-032 Applicant:Mayor&CityCommission Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES,WHICH IS ENTITLED "ALCOHOLIC BEVERAGES,"IN ORDER TO REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT; AND,PROVIDING FOR AN EFFECTIVE DATE. 1.Ms.Chimelisreadtherequestintotherecord. 2.Staff presented the itemtotheBoard. a.Staff provided background information related tothe request,suchasthat involving the Board's consideration of PB-97-031 on October 28,1997. ExceiptedPB Min 12-30-97 1 b.Staff statedthattheyrecommended approval of theitem,inclusive of themodificationshown onpage4 of their inter-office memorandum,Bird Road Alcoholic Beverages,dated December 19,1997,and provided forthe Board's reference. 3.Priortothepublichearing,theBoardand staff discussedtheproposedordinance. a.TheBoard emphasized thatitsintentanddesireistoinclude restaurants only,asindicatedin staffs recommendationfor approval. b.TheBoardand staff clarifiedthatthe proposed ordinanceisspecifictotheGRzoningdistrict of theBirdRoadAreaandisnotsitespecificwithinthat particular zoningdistrict. 4.Publichearingwasopened. a.Mr.DavidTucker,Sr.,of 6556 SW 78Terrace,signedintospeakbeforetheBoard.Mr. TuckeraskedtheCitytotakeapositivestancein regard totheissues of the proposal,including thepossibility of moreoccupiedbuildingsandincreasedrevenues. b.Mr.Luis Caresa,Jr.,signedinandspokebeforetheBoardon behalf of his parents,whoare propertyownersat5807 SW 41 Street.Mr.Caresainquiredastothehistory of the City's current ordinance and background information ontheproposedordinance. c.Mr.Mackey respondedthatthecurrentordinance may haveoriginatedfromthe City's desire tocurtailwhattraditionallyin common lawis known as"nuisances". d.Mr.Caresaopinedthatwhiletheremayalwaysbenuisancestopropertyownersinthe area,an ordinance limiting consumption of alcoholicbeveragestorestaurants only would bepreferable toanordinancecontainingnosuchrestriction. 5.Public hearing was closed. 6.The Board continued with its consideration of the item. a.TheBoard concurred thatitsintentionisto approve adocumentthatwouldpermitthesale of beerandwinein restaurants specifically,therebypromoting desired development,suchas restaurants,in the Bird Road Area. b.Duringits consideration,theBoard discussed criteria thatcouldbe incorporated intothe ordinance,including regulations thatwouldbetterdefinethoseplacesservingalcoholic beverages,i.e.,"food-serving establishments"without bars,andrulesthat would governthe types of alcoholicbeveragesservedinsuchestablishments,e.g.,wine andbeeronly. c.InresponsetoMr.Lefley's inquiry,staff clarifiedthatSection1,footnote1,of theordinance isbeingrecommendedtocontain language withouttheunderlinedsentence This exemption is alsoadoptedforproperties which arezonedforcommercialpurposesand located onBird Road; ExcerptedPB Min 12-30-97 and that Section 1is also being recommended to contain a footnote 2withthe language The spacing between residential properties and restaurants doesnotapply within the General Retail District fronting Bird Roaa\aswellas adjacent residential property outside ofsaid district. d.Mr.Basu summarized the proceedings thus far by stating thata preferable scenario wouldbe the serving of beer and winewith food ata restaurant of no specific size and withno bar,having a permanent,solidbuffer between commercial and adjoining residential property. e.Mr.Basu recommended thattheCity Attorney draft guidelines astowhat defines and constitutes a restaurant. 7.Motion:Mr.Morton moved denial of theordinanceaspresented.Ms.ChimelisandMr. Lefley both seconded the motion. 8.Following further discussion,the Board votedonthemotionfor denial of the ordinance. 9.Vote:Approved:5Opposed:2 (Ms.Thorner) (Ms.Dupree) 10.Mr.BasusummarizedrecommendationsthattheBoardmaywishtoconsiderinitsmotion. 11.Second motion:Mr.Pages moved approval thatthefollowingfour recommendations be forwarded totheCityCommissionfor consideration andpossible incorporation intothe ordinance reviewed by PlanningBoardthisevening: 1)thatbeerandwineonlybeserved with foodin restaurants; 2)thatnobarbe established within the design of restaurants; 3)thattheCityAttorneydraftguidelinesforwhatconstitutes restaurants; 4)thatapermanentopaquebufferbeerectedbetweencommercial establishments andadjoiningresidentialproperty. Mr.Morton seconded the motion. 12.Vote:Approved:7Opposed:0 ExceiptedPB Min12-30-97 JTHEHOIALQ.THURSDAY.JANUARY8.1996 [Quality_ IService/*fj|TT" Selectiont'XCUI,3S^td TopValue Since 1971 [EVERYTHINGMUSTGO!! weareclearinqoutallmerchandiseforamatorrenovation! Allmerchandise^25°/otO75%off-I i^NOTHirVIGHELDBACK\ TODAYTHROUGHJAM15ONLYf ARTSUPPUES<#>CRAFTSUPPLIES I<*>WILTONCAKESUPPLIES#>CANDYMAKINGSUPPUES #SILK&DRIEDFLOWERS<#>BASKETS<a>YARN #>CROSS-STITCH&NEEDLEPOINTSUPPUES#PICTURE FRAMES#T-SHIRTS#NOTIONS#RUBRIC&TRIMS AlSalesFinal-Cash&CreditCardSalesOnly SorryNoChecks SHOPEARLYFORBESTSELECTION SAVEABUNDLEONALLYOURCRAFTNEEDS >EN7DAYS279-24% CountonActionLinetosolveproblems, answersandstandupforyourrights. get GETTING PERSONATE -SAYS "OKAY"TO CREDIT CARDS Nowyoucanpay vourclassifiedbill withyourfavorite creditcard. Whenyoucallin yourad.justsay youwanttobillit toyourcreditcard andgivetheSales Representativethe necessary information. Morethan 700.000readers rumtoour Classifiedsection everyday. ShejffiamiHrrai& CITYOFSOUTHMIAMI NOTICEOFPUBLICHEARING NOTICEISHEREBYgiventhattheCityCommissionoftheCityofSouthMiami, FloridawillconductaPublicHearingduringitsregularCityCommissionmeeting onTuesday,January20,1998,beginningat7:30p.m.,intheCityCommission Chambers,6130SunsetDrive,toconsiderthefollowingdescribedordinance.-^H *2^*ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOFTHE CrrYOFSOUTHMIAMI,FLORIDARELATINGTOANAMENDMENT TOCHAPTER4OFTHECITY'SCODEOFORDINANCES,WHICH\ ENTITLED'ALCOHOLICBEVERAGES,"INORDERTOREVISETHE DISTANCEREQUIREMENTSFROMRESIDENTIALZONINGDISTRICTS INTHEAREAKNOWNASTHEBIRDROADAREA;PROVIDINGFOR, SEVERABILITY;PROVIDINGFORORDINANCESINCONFLICT;AND\ PROVIDINGFORANEFFECTIVEDATE.(FirstReadingDecember2,J 1997)- ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOFTHE CITYOFSOUTHMIAMI.FLORIDA.RELATINGTOLANDUSE; PROVIDINGA180DAYMORATORIUMONACCEPTANCEANDREVIEW OFAPPLICANTS,ANDISSUANCEOFDEVELOPMENTPERMITS,FOR THEINSTALLATIONOFTELECOMMUNICATIONTOWERSTOENABLE THEOTYTOPREPAREANDADOPTMINIMUMSTANDARDSFORTHE LOCATIONANDAPPROVALOFTELECOMMUNICATIONTOWERS; PROVIDINGTHATORDINANCESINCONFLICTSHALLNOTBEIN FORCEANDEFFECTDURINGTHETIMEPERIODOFTHE MORATORIUM:PROVIDINGFORSEVERABILITY,ORDINANCESIN CONFLICT,ANDPROVIDINGANEFFECTIVEDATE.(FirstReading- December16,1997):,-,......;.;,c. r"SaldxHdihancescanbeinspectedintheCityClerk'sOfficeMonday-Friday duringregularofficehours.._.-..._.,raa^-«•._....'..','......_,. InquiriesconcerningthisitemshouldbedirectedtothePlanning&Zoning Departmentat663-6326..-.;."~.v."jlV*.. ALLInterestedpartiesareinvitedtoattendandwillbeheard. —I •«._. g&5M&B3a& RonettaTaylor,CMC CityClerkw-.i< CityofSouthMiami •V7-W-.._ PursuanttoFloridaStatues286.0105,theCityherebyadvisesthepublicthatifa persondecidestoappealanydecisionmadebythisBoard,AgencyorCommission withrespecttoanymatterconsideredatitsmeetingorhearing,heorshewillneed a-feepxdoltheproceedings,andthatforsuchpurpose,afflictedpersonmayneed toensurethataverbatimrecordoftheproceedingsismadewhichrecordincludes -thetestimonyandevidenceuponwhichtheappealistobebased.-A....,^^:m WHATYOUCANDO WHATYOUCANDO,FROM29 Avenue.Ca»385-7078....Courses, InstructionandopenplayInDade.Cail USBARegion3director»t827-4411. WabettaFHnessCtub:Weekend sportirxjwrtrvrtlesandsocialevents (ordiabetics-Free.Cail666-1004. DiecgottAn18-hoiecoursest KendallIndianHammocksPerk, 11345SW79thSt..isopenduring partehours(7a-m.tosunset).Free leagueplayIsat3pjn.Saturdays. PlayIsopentoplayersofanabKWes. CanKeithJohnsonat6884476Mon daythroughFriday7ajn.to6pan. Fencing:MiamiFencingQuo meetsfrom7-9p.m.Tuesdaysand ThursdaysatSouthMiamiMiddle School.6750SW60thSt.Opentoail ages.Can665-1040. Firearm*safetyclasses:Parents andchildrencanteamthefundamen talsoffirearmsofatyanduseInthis courseattheTraHGladesRange. 17601SWBghthStOpentoanyone 10andolder.Fee:85adutts,children 10-17free.Classesduringoperating hours:Monday1230-5:30pjfL, Thursday0a.m.-5:30p.m..Friday noon-6:30p.m.and8aturday-8unday 8ajn.-5:30pjn.ClosedTuesdayand Wednesday.Call227-6566. Friebee:UttimsteFrisbeeteam seeksmenandwomenofanlevels. Call825-0755. GroveJugglersExchange:Jug glingforallace*andskilllevel:8-10 pjn.Thursdays;UniversityofMiami. Inthebteexewaybetweenthestudent unionandthebookstore(onSanford Drive);free;formoreInformation,can 235-7300. m-4tosSkating:Skate2000offers freelessonsfrombegtnnereso advancedfrom10sun.tonoon8*a> daye.Forlocationnearestyoucarl 665-8770. Lacreeee:Miam teringboysgradet necessary.Call23: Make*dubislook players.Call659-9 Rowing:TheMb seekingnewmemt Rugby:MiamiR lookingforplayers required.Practice! dayssndThursday Southwest185thS SportsDevelop Hockeyl*iogram. incfcjdesperttdpai competitivesports play4-6p.rn.Mofv mocksCommunity mocksBlvd..Kent Park,10400SW1 free;adultsoldert volunteertobecoi season;380-6971. TableIannis:D JCC,111558W1- from7to10p.m.! 271-0000.axt29C Women'sYach Hon:Meetings(op Invtted)atCoralft 2484&Bay*hore WhatYouCar byGaryJenkins specialsportse formingandcia nonprofitornot zatJonsatleast advancetoWhs SportsDepartn- Heraid.1Harafc 33132-1693,Of ANKamamustk andaphonerx* pitcancalltari ZONINGHEARIN Thebelowestcontainszoningitemswhichmaybec immediateneighborhood. i.BMioMAMAflafflffimaa Location:14050SW202Avenue,Miami-DadeCounty.I Theapplicantisrequestinganon-use-variance existingaccessorystructuressetbacklessthanibol Bnes,andaccompanyingnon-usevariancesonthis; 2.JOrWLtawWHT^ffifrEni?7-3CT Location:10711SW153StreetfvRami-Oade,Fkxida Theapplicantisrequestingnon-usevariancetopenal andshedsetbacklessthanrequiredfrompropertyknee MurapiomembersofIndividualcommunitycounaramayt Allpersonsareentitledtoattendandtospeakatzoranqt thecourtshaveruledthatitinimpropertocontact lndh*duaay.eitheroratryortowrttig.abouzcrw^ Thoseitemsnotheardpriortotheendingtimeforthe deferredtothenextavailablezoninghearingmeetingdate RegistrationisavaiabletoartyHomeowners'Association< beprovidedtoitspresidentonzoninghearingsinvolving Formorentormationonthisregistrationprocedure,pieeac Mapsandotherdatapertainingtottv>seitemsaresvaist trioMIAMf-DADECOUNTYDEPARTMENTOFPi-ANN#* 8REGULATION,11thFloor.111NWFirstStreetMiam informationisdesired,can375-2640.HearingSection.I hearingnumberwhenmakinganinquiry. Miami-DadeCountyprovidesequalaccessandequ employmentanddoesnotdiscriminateonthebasisofdisai orservices.FormaterialInaftematoformat,asignlanguage accommodatioro,pleoiocall668-4407atIea3tfivodayam COS4MtrNTTYZONINGAPPEALSBOARD THURSDAY,FEBRUARY5,1908-740P SOUTHDADEGOVERNMENTCENTER-ROOM203( .10710SW211STREET,MIAMI-DADECOUNTY, *Apersonwhodecidestoappealanydecisionmadebyar commissionwithrespecttoanymatterconsideredatitsr winneedarecordoftheproceedings.Suchpersonmayne verbatimrecordoftheproceedingsismade,including evidenceuponwhichtheappealkjtobebased.. MIAMI-DADECOUNTY,FLC 4