Ord. No. 09-95-1582ORDINANCENO.9-95-1582
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA AMENDING ARTICLE VII,HOMETOWN
DISTRICT OVERLAY ORDINANCE,IN ORDER TO PROVIDE
REGULATIONS FOR OUTDOOR SEATING/DINING USES AND AREAS;
PROVIDING THE CITY MANAGER WITH POWERS OF APPROVAL AND
REVOCATION;PROVIDING FORPOWERSTO BUILDING,ZONING AND
COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
DEVELOPMENT REGULATIONS;PROVIDING FOR AN AMENDMENT TO
THE FEE CHARGED FOR LICENSE;PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,theCityof South Miami enacted Ordinance No.19-93-1545 which created
anewArticleVIIoftheLand Development Code oftheCityofSouth Miami,establishing a
Hometown District Overlay District;and,
WHEREAS,theMayorandCity Commission desireto further amendthis ordinance to
encourageandregulateoutdoor seating/dining use;
NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITYCOMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
SECTION1.ThatArticleVII,HometownDistrictOverlayOrdinance,isamendedbycreating
the following subsection:
Sec.20-7.29 Outdoor Seating/Dining Uses and Areas
A.In addition tothe requirements ofSections20-7.3and20-7.4,theADPshallalsoinclude
the layout of alltables,chairs,benchesandotherfurniture;pedestrian ingressandegress;
locationofrefusecontainers;andotherelementsnecessarytoillustratetheproposed
outdoor seating/dining useandarea(alldrawingsmustbe titled,indicate orientation,and
beatan acceptable scale).Atthetimeof tiling,theApplicantmustsubmitthenon
refundable review fee of $250.
B.Outdoor seating/dining areaanduseofthe public right-of-way maybe approved,denied,
or approved with conditions,modifications,safeguards or stipulations appropriately and
reasonablyrelatedtotheintent,purposes,standardsandrequirementsoftherelated
regulations,bytheCity Manager.Such permit shallnotbe transferable inany manner,
andis strictly a conditional use permit,issued fora period ofone year,renewable
annually.
Outdoor Seating Ordinance Page#1
Ordinance No.9-95-1582
C.Thefeeforoutdoordining/seatinguseand area willbewaivedforthefirstyear of
operation of the subject property,and shall be charged annually intheamount of ten
dollars ($10.00)per square foot of sidewalk area;the area shallbedefinedbyimaginary
borderlinesincludingallseating areas andother elements includedintheoutdoor
seating/dining area.The permit fee shall be added tothe occupational licensefee for the
main business.
D.The applicant shall provide an Indemnity Agreement,whichis acceptable totheCity
Manager.This agreement will include specification of liability insurance provided.
E.The conditional use permitting of outdoor seating/dining use and area maybe revoked by
theCity Manager upon finding that oneor more conditions of these regulations havebeen
violated,orthattheoutdoor seating/dining area andusearebeing operated inamanner
which constitute a public nuisance,orin any way constitute a reasonable riskof potential
liability to the City.
F.Outdoor seating/dining use and area maybe temporarily suspended bytheCity Manager
for public use/purpose,utility,sidewalk or road repairs,emergency situations or violations
of provisions contained herein.The length of suspension shall be determined bytheCity
Manager as necessary.Removal of all street furniture and related obstructions shall be
the responsibility of the owner/operator ofthe outdoor seating/dining.
G.Outdoor seating/dining area shall bekeptinaneatand orderly appearance and shall be
kept free fromrefuseanddebris.
H.Outdoor seating/dining useand area shall not interfere withthe free and unobstructed
pedestrian or vehicular circulation of traffic,public access toany street intersections,
crosswalks,publicseating areas andconveniences,busstops,alleys,serviceeasements,
handicap facilities or access to commercial establishments.Thewidthand location of the
passage istobedeterminedbytheBuilding,Zoning&CommunityDevelopmentDept.
I.Outdoorseating/dining area shallbeopenandunenclosed.Nobuilding structures of any
kindshallbeallowedinandoveranyportion of theoutdoorseating/dining area located
onpublicproperty,exceptasallowedbySections20-7.7through 20-7.11.
J.Tables,chairsandallotherfurnitureusedintheoperation of anoutdoor seating/dining
areashall not beanchoredorrestrainedinanymanner.Individual tableumbrellas,
plantersorothersuchnon-stationaryelementsmaybepermitted within theoutdoor
seating/dining area.
K.Outdoorseating/dininguseand area shallbe restricted tothelength of thesidewalkor
public right-of-way immediately frontingthecafeand/or restaurant establishment.The
utilization of space extendingon either sidebeyondthe subject property frontage maybe
Outdoor Seating Ordinance Page #2
Ordinance No.9-95-1582
authorized subject to annual writtenconsent provided bythe property owners infrontof
whosepropertiestheoutdoorseating/diningservicewouldoccur.
L.Outdoor seating/dining areashallbeatthesameelevationasthe adjoining sidewalk or
public right-of-way.
M.Cartsandtraysforservingfoodarepermittedintheoutdoorseating/diningarea.
N.Outdoorseating/dininguseandareashallnotbe provided withamplifiedsoundofany
kind.
SECTION 2.Ifanysection,clause,sentence,orphraseofthisordinanceisforanyreasonheld
invalidor unconstitutional byacourtof competent jurisdiction,thisholdingshallnotaffectthe
validityofthe remaining portions ofthisordinance.
SECTION 3.Allordinancesorpartsof ordinances inconflictwiththeprovisionsofthis
ordinance are hereby repealed.
SECTION 4.This ordinance shall take effect immediately at the'time of its passage.
PASSED AND ADOPTED THIS 18th DAY/OF J0LY,1995.
ATTEST:
Ronetta Taylor /J
City Clerk £/
READ AND APPROVED AS TO FORM:
EarlG.Gallop
City Attorney
1st Reading -June 13,1995
2nd Reading -July 18,1995
c?/L~s
Neil Carver
Mayor
MAYOR CARVER
VICE MAYOR YOUNG
YEA
YEA
YEA
YEA
YEA
*NAY
y NAY
COMMISSIONER BASS
COMMISSIONER COOPER
COMMISSIONER CUNNINGHAM
r NAY
(/NAY
NAY absent
c:\wpdocs\planning\report95.009
Outdoor Seating Ordinance Page #3
CITY OF SOUTH MIAMI
Inter-Office Memorandum
To:Mayor &City^>Commission Date:July 13,1995
--^Scfie Cox ^r 07/18/95 Commission Agenda
City Manager Re:#2.1 :Outdoor Seating
/Dining Uses and Areas
This ordinance will amend Article VII,Hometown District Overlay,
inordertoprovideregulationsforoutdoorseating/diningusesand
areas,and will provide the City Manager with powers of approval
and revocation.It also provides for powers totheBuilding,
Zoning and Community Development Department regarding development
regulations and provides forafeeforlicense.
OnJuly 11,the Planning Boardmetandapprovedsomeminorchanges
in the language:
1.Regarding the second WHEREAS clause that the word "encourage"
be added to the ordinance so that the language reads "Whereas,the
Mayor and City Commission desire to further amend this ordinance to
encourage and regulate outdoor seating/dining use...;"
2.Regarding comments from the discussion,on page 2,line 6,"The
permit fee shall be added appended tothe occupational license fee
for the main business";
This ordinance includes suggestions from the SR Committee and
changes from first reading per motion by the City Commission.
I recommend approval.
CITY OF SOUTH MIAMI
Inter-Office Memorandum
Mayor &Cit
ddie Cox
City Manag
ommission Date:July 13,1995
07/18/95 Commission Agenda
Re:#2.1 :Outdoor Seating
/Dining Uses and Areas
This ordinance will amend Article VII,Hometown District Overlay,
in order to provide regulations for outdoor seating/dining usesand
areas,and will provide the City Manager with powers of approval
and revocation.It also provides for powers tothe Building,
Zoningand Community Development Department regarding development
regulations and provides for afee for license.
On July 11,the Planning Board met and approved some minor changes
in the language:
1.Regarding the second WHEREAS clause thatthe word "encourage"
be added to the ordinance so that the language reads "Whereas,the
Mayor and City Commission desire to further amend this ordinance to
encourage and regulate outdoor seating/dining use...;"
2.Regarding comments from the discussion,on page 2,line 6,"The
permit fee shall be added appended tothe occupational license fee
for the main business";
This ordinance includes suggestions from the SR Committee and
changes from first reading per motion by the City Commission.
I recommend approval.
To:Dean Mimms,AICP
Director of BZCDDept.
From:Slaven Kobola
Planner
REQUEST:
CITY OF SOUTH MIAiMI
INTER-OFFICE MEMORANDUM
Date:June 22,1995
Re:PB-95-009:Outdoor Seating Ordinance
Applicant:MayorandCityCommission
Request:Ordinance amending the Hometown District Overlay ordinance in order to provide
.regulations for outdoor seating/uses andareas.
BACKGROUND &ANALYSIS:
The Hometown Ordinance established several pre-approved locationsforoutdoor dining;
however,in reviewing applications for outdoor dining by several restaurants inthe Hometown
district,the need for an ordinance which establishes guidelines for outdoor dining became
evident.
This proposed ordinance addresses an important subject matter that is in need of codified
guidelines which would be added to the Hometown Ordinance.The proposed regulations have
been developed after review of outdoor seating requirements in other municipalities,and have
been adapted to fit the City's regulatory environment.Suggestions from the SR Committee,
discussed on the meetings of February 27 and June 5,1995,have been incorporated into the
proposed ordinance.
Applications for outdoor seating/dining area and use will follow the same procedures as other
applications for development (ADFs)in the Hometown District.The proposed fees for outdoor
seating application and permit are comparable to ones charged by the City of Miami Beach,and
will provide for application review and regular monitoring by City staff,including code
enforcement.
RECOMMENDATION:
Staff recommends that the Planning Board vote to recommend approval of this ordinance.
COMPREHENSIVE PLAN:
The proposal is consistent withthe Goals,Objectives and Policies ofthe Comprehensive Plan.
APPLICABLE REGULATIONS:
Article VII of the Land Development Code.
attachments
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Dean Mimms,AICP Date:March16,1995
Director of Building,Zoning &Revisions:3/24/95,3/31/95,6/1/95,6/6/95
Community Development Dept
From:Slaven Kobola X Re:Outdoor Seatmg/Dining Ordinance
Planner s**-
Pleasefindbelowtherevisedoutdoorseating/diningregulationstobeamendedtotheHometown
Ordinance.TherevisionsincluderemarksandsuggestionsexpressedduringtheSRCommittee
meetings on February 27,1995,and June 5,1995,as well as ones which we found applicable
inourdiscussionsaboutthisissue,andasoutlinedinmypreviousmemoranda,dated 2/10,2/27,
3/8,3/13 and3/15,1995,and memorandum revised by BUI Mackey,6/2/95.The regulations are
provided inthe ordinance format,ready tobe submitted tothe City Commission.
AsI tried to make this regulation "simple''and ready for implementation assoonas possible,I
did not diverge into code enforcement and other issues that may be involved,but rather left these
issues tobe covered by existing regulations.Consequently,some ofthe issues addressed bythe
SR Committee,likethe minimum width of pedestrian passage,is contained elsewhere inthe
HometownOrdinanceand/orotherapplicablecode(s).
In addition,the suggestion bythe SR Committee for regulation #10 to read:"Tables,chairs and
all other furniture used inthe operation ofan outdoor seatmg/dining area shall notbe anchored
or restrained inany manner.Individual table umbrellas,planters orothersuch non-stationary
elements may be permitted within the outdoor ooatmg/dining area,providing that thoy do not
restrict or discoumgo froo uoe of tabloo or chaira by the general public,"that is,to omit the
strikeout portion istobe decided bytheCity Attorney.
If we decide to expand and/or amend the other related regulations,I suggest the revision of
licensing and code enforcement regulations.Considering the code enforcement regulations and
fines,I believe thatthe regulation bythe City of Miami Beach,Article VI,Section 39-40,page
12,maybeconsideredasatemplate.
Section SO 39 20-44 of the Miami Beach City Code,.
see.39-38,prp«»ls from the Pension of the Director of
Hpwolal Master.
Appeals from decision-"**"«*Director made pursuant to this.
Article shall h»to the Property Maintenance Standards Appeal
Board In acmH.nr.with th-procedures set forth In Section 17B-
17oftheMiami B»a,^h citv Code-
Appoaig ^the decide,nf the Special M^ter or Property
Maintenance Standard**Anneals Board shall he to a court:of
^o^netent jurisdiction ny petition for wrjt of certiorari,
flee.39-39.»-f orient of yum-bv Code Tnnpectorat Notice
of Violation
Tf »node inspector »«defined In chapter <>B of the Mlam.l
Reach Cltv CnHo finds .V^l-Hnn of this Article,said inspector
«h»ll Issue .notice of v^^Hnn to the violator as provide in
^pter OB.Th-""»•«««^tlf^l <"^"th«Vl0l«»qg °f the WttWPI
of the violation .mount of fin*for which *W»violator may pe
liable.lMM-™«Hnn.»and due date gpr WV<IM ^6 flnQ."otice
th„t the ^oi»t1on mav he appealed,pY requesting an
administrate nomine within twenty f2Q)dayn after service of,
rh.notice nf violation and that ffl11"re to dQ so shall
„on«tll»te an gHT1«g1on of the violation aP/1 wMv*r of the rlqfa.t '
t-.n a hearing.
Bee.39-40 ^ivll Fine for Violators^
Tnfl following civil f1r-««*""•"»iwnoT^*or viq^ors °£
this Article:
First citation 5 §^00 fine
second citation =3*?°*in<*
(within a1 year
BSriojH
Third citation 2 S5flfi_iinS
fW.*nin a *vear
period)
Yifflfi<"<""sha11 "'act either tPi
REGULAR CITY COMMISSION MINUTES -JUNE 13,1995
1who work for the City,these individuals have to use their time and
2 energy to get the project completed.He commented there are alot
3of things the City should be and could be doing but isnot.
4
5 Mayor Carver further said the computer system is long over due
6 and he is glad to see that the City is finally going to get an
7 efficient and appropriate computer system.
8
9 There being no further discussion the motion passed bya5-0
10 vote.
11
12 Vice Mayor Young:Yea
13 Commissioner Cooper:Yea
14 Commissioner Bass:Yea
15 Commissioner Cunningham:Yea
16 Mayor Carver:Yea
17
18
19
20 ORDINANCE(S)-FIRST READING
21
22 AnOrdinanceoftheMayorandCity Commission oftheCity
23 of South Miami,Florida amending Article VII,Hometown
24 DistrictOverlayOrdinanceinordertoprovideregulations
25 foroutdoor seating/dining usesandareas;providing theCity
26 Managerwithpowersofapprovalandrevocation;providingfor
27 powers to Building,Zoning and Community Development
28 DepartmentregardingDevelopmentRegulations;providingforan
29 amendment tothefee charged forlicense;providing for
30 severability;providing forordinancesinconflict,and
31 providing for an effective date.
32
33 MovedbyCommissioner Cooper,secondedby Commissioner
34 Cunningham toapprovedthis ordinance forfirst reading,with
35 consideration for second reading after being reviewed bythe
36 Planning Board.
37
38 Manager CoxinformedtheCity Commission thatthe
39 administration supported the adoption of this ordinance.He said
40 this ordinance has been before the SR Committee on two separate
41 occasions.The Committee's membership which includes mostly
42 propertyandmerchantownersinthe downtown area provided both
43 insighttostrengthenthisordinanceandvaluable information to
44 assist the administration.
45
22
REGULAR CITY COMMISSION MINUTES -JUNE 13,1995
1
2 Manager Cox explained that the only area where the
3 administration differed with the SR Committee was the establishment
4ofa fee of ten ($10.00)dollar per square feet after the first
5 year.
6
7 Manager Cox said during the lastSR Committee meeting this fee
8 recommendation was dropped tofive($5.00)dollar per square
9 feet.
10
11 Manager Coxsaid after doing a substantial amount ofresearch,
12 the administrative cost involved and the additional enforcement,he
13and the administration still supports theten ($10.00)per square
14 feet fee.
15
16 MayorCarverinquiredastowhetheror not,therewillbea
17 charge at inititial beginning,orif after the first yearthe
18$10.00 per square feetfee would be implemented.
19
20 ManagerCoxreplieditwouldbeimplementedafterthefirst
21 year.
22
23 Commissioner CooperconveyedthatduringtheSRCommittee
24 meeting there wasalotof discussion anddebate regarding the fee.
25 He said the Committee did realize that the $10.00 fee was
26 competitive and perhaps evenan advantage over mostother
27 communities.
29 Commissioner CoopersaidtheSRCommittee'sdiscussionto
30 reduce the fee centered on the fact that this was such an important
31 issue and the City should be making a supreme effort to encourage
32 this type of development in that area.
33
34 Commissioner Cooper expressed that the Committee members felt
35 thatthefive ($5.00)feewouldnotbeanunusuallosttothe City.
36He gave anexample:ifasite had anareafor tables ofroughly
37 10'x30'or300square feet,at$10.00persquarefeettheincome
38 fortheCitywouldmean approximately $3,000,andhalfofthis
39wouldbe $1,500."Hesaid the difference inincometotheCity
40 would be approximately $1,500 per year.
41
42 Commissioner Cooper communicated to the Commission that there
43wasalotof discussion regarding page 2of the memorandum from
44Mr.Mimms,and the Committee decided to turn this over to the
45 City'sAttorneytoaskforhis recommendation on it.Hesaidtheir
46concerns had todo with the language which appeared inordinances
47fromother cities,buttheCommitteewasnotsurewhatthis
48 language has todo with the City of South Miami.
49
23
REGULAR CITY COMMISSION MINUTES -JUNE 13,1995
1 AttorneyGallopadvisedthatthelanguagewhichprovidesfor
2the outdoor seating tobe provided to the general public couldbe
3deleted,this would devotethepublicareatoa specific use.
4
5 Attorney Gallop said thisusebythe public would be limited-
6tothepatronsoftheoutdoor seating.HesaidtheCitydidhave
7the power to restrict theuseof public property forspecific
8purposesanddeletingthislanguagewouldnotimpedewitha
9 person's first amendment righttoassociation,or improperly limit
10 the use of public property.
11
12 CommissionerCooper askedif Attorney Gallop wasrecommending
13 that the text in question be deleted.
14
15 Attorney Gallop saidhis recommendation isthatthe Commission
16 hasthepowertodeletethe language ifitso desired.
17
18 Movedby Commissioner Cooper,secondedbyViceMayorYoungto
19deletefrompage 2,paragraph 10,line27ofthe ordinance,the
20 wording "providing that theydonot restrict or discourage freeuse
21of tables or chairs by the general public".
22
23 Mayor Carver agreed with the deletion of this language,and
24 said a restriction should be in place.
25
26 Vice Mayor Young asked for clarification on the amendment.
27
28 Mayor Carver explained the amendment will mean thatthe
29 establishment can restrict the free use of the tables and chairs by
30 the general public.
31
32 Vice Mayor Young asked about the scrivener's error onthe
33 agendaasopposedtothetitleoftheordinance(dinginginsteadof
34 dining).
35
36 Attorney Gallop said there were alotof corrections and
37 modification in the nature of scrivener's changes which needed to
38 be made to this ordinance.He said he'd like to make these changes
39 before the document comes back to the Commission for the second
40 reading.
41 He said the corrections would not change the meaning of the
42 ordinance,nor require any further hearings asa result of the
43 changes.
44
24
•;N,
REGULAR CITY COMMISSION MINUTES -JUNE 13,1995
1
2 Therebeingno further discussion regarding this amendment,
3 the motion passed by a5-0vote.
4
5 Commissioner Cooper:Yea
6 Vice Mayor Young:Yea
7 Commissioner Cunningham:Yea
8 Commissioner Bass:Yea
9 Mayor Carver:Yea
10
11 AmotionwasmadebyCommissionerCoopertochangethe fee per
12 square feet,after the first year from ten ($10.00)to five ($5.00)
13 dollars.
14
15 This motion died for a lack of a second.
16
17 Mayor Carver expressed thatthis fee is certainly less than
18 whatanyonehaseverpaidforaspaceinthis area.
19
20 Mayor Carver said the City did not need to give away its
21 property especially since the Commission had just voted to restrict
22 the use to patrons only.
23
24 Commissioner Cooper supported the $10.00 feeby saying that
25 this feewasvery reasonable andthe City willbe making a very
26loud statement to thebusiness community that the City isreally
27 trying to encourage the development of the outdoor/dining
28 concept.
29
30 Mayor Carver remarked that hedidnot believe the $10.00 fee
31willdiscourageanyonefromthisdevelopmentconcept.
32
33 Therebeingnofurtherdiscussionthemotionpassedbya5-0
34 vote.
35
36 Commissioner Cooper:Yea
37 Commissioner Cunningham:Yea
38 Commissioner Bass:Yea
39 Vice Mayor Young:Yea
40 Mayor Carver:Yea
41
42
43
44 PUBLIC REMARKS:
45
46 Mr.Chris Hansen of 6611 SW 78th Terrace appeared before the
47CityCommissiontonotifythemthatthiswouldbehislast
25
Z>
*X
MINUTES
PLANNING BOARD
TUESDAY,JULY 11,1995
CITY COMMISSIONERS'CHAMBERS
7:30 PM
I.Callto order and the Pledge of Allegiance to the Flagofthe
United States of America.
II.Roll Call.
PRESENT ABSENT
J.Lefley K.Zeller
S.Basu
G.Illas
P.Eisenhart
0.Kerr
C.Thorner
Alsopresent:DeanL.Mimms,BZCDDirector;BillMackey,Planner;
David Struder,Secretary.
III.Public Hearings:
PB-95-009
Applicant:
Request:
Heading:
Mayor and City Commission
An ordinance amending the Hometown Overlay
Ordinance,in order to provide regulations for
outdoor seating/dining uses and areas.
An ordinance ofthe Mayor and City Commission ofthe
CityofSouthMiami,Florida amending ArticleVII,
Hometown District Overlay Ordinance,in order to
provide regulations for outdoor seating/dining uses
and areas;providing the City Manager with powers
of approval and revocation;providing for powers to
Building,Zoning and Community Development
Department regarding development regulations;
providing for an amendment to the fee charged for
license;providing for severability;providing for
ordinances in conflict;and providing foran
effective date.
Ms.Thorner read the request.Staff confirmed that they would
respond toa series of concerns Mr.Lefley presented inhis opening
remarks.
Staff presented their report by stating that the proposed
ordinance:
PB Min 7/11/95
*
1)provides an effective means for regulating outdoor dining
not furnished by the Hometown Plan;
2)satisfiesthe City's intenttoencourageoutdoordiningas
envisioned by the Hometown Plan;
3)provides the public withreliable information astowhat
is permitted byand with outdoor dining.
Staff recommended approvaloftheproposedordinanceandresponded
to Mr.Lefley's concerns as follows:
1)verified that Regulation no.10 contained in staff's inter
office memorandum dated March 16,1995 was incorporated as
item J of the proposed ordinance;
2)affirmed thatthe strikeout portion involving regulation
no.10of the said memorandum was clarified at an earlier
date;
3)regardingitem A,lines27and28oftheproposed
ordinance,statedthatthenon-refundablereviewfeeof
$250.00 wouldbechargedforeach re-application,particularly
when another full review is required;
4)concerning item C,line 39,confirmed that the language can
beproposedtoreadas ..."Thepermit fee shallbe added to
the occupational license fee for the mainbusiness."
A lengthy discussion then ensued among the Board and staff in
regardtoitem D,lines1and 2,oftheproposed ordinance.The
Board suggested thatthe language be expanded for specificity,
(e.g.,aminimumamountbestatedfor insurance;aratedinsurance
companyberequiredforthe policy,etc.).Mr.Basuremarkedthat
acertainamountof flexibility shouldremaininthe language,in
orderthateachcasemaybe analyzed individually forriskfactors.
Staff stated that,based on prior experience,a hold harmless
agreement and specification of the City as certificate holder are
generally included inthe insurance documentation provided bythe
applicant to South Miami.
5)clarifying item J,line 26,stated that these "elements"
arenotrequired,but"maybepermitted,"under theCity's
permissive code;
6)referencing item N,line 36,stated that the language
ensures that amplified sound is not permitted in the outdoor
seating/dining area.
Public Hearing was opened.
PB Min 7/11/95 2
£i
Ms.Susan Redding,of7930SW58 Court,signedinandspokein
referencetotheimportanceofaninsurancecompany'srating,a
concern that was raised bytheBoard.Ms.Redding commented that
aninsurance"pool"existsforpurposesofcompensationinthe
event a Florida-licensed insurance company fails.
Mr.David Tucker Sr.,of6556SW78 Terrace,signed inandspoke
before the Board.Mr.Tucker stated that the "intent"of a message
tothepublicisofgreat importance,and emphasized thatthe
proposed ordinance represents the best intent ofthe City to
protectandserveitsbusinessownersand citizens.
There being noone else present wishing to speak,public hearing
was closed.
Mr.Lefley stated fortherecordthatbothheandMr.Basuare
membersoftheCity'sSR Committee,acommitteewhoseinputwas
incorporated intothe proposed ordinance.
Mr.Basuremarkedthattheproposedordinanceis"workable,"and
thatitcontainsmanyoftheSRCommittee'ssuggestionsand
comments.Mr.Basu further stated that the fee for outdoor
dining/seating use,as outlined initemCofthe proposed
ordinance,representsa "viable option"forthe establishments'
financial concerns in that the charge is waived forthefirstyear.
Mr.Lefleystatedthatthereview fee,ascontainedinitemAof
the ordinance,is reasonable,andthathewas "adamant"during
negotiationsthatitberetainedinthefinallanguage.
Mr.Eisenhart commented that restrictions in use of public areas
represent a "double-edged sword"totheCity.
Mr.Basurespondedthattheselimitsbenefitthepublicina
"largersense,"in that such restrictions helpshapeanatmosphere
and environment the public will enjoy in an area such as the
Hometown District.
Mr.Kerr suggested that the word "encourage"be added tothe
ordinance,so that the language reads ..."Whereas,the Mayor and
City Commission desire to further amend this ordinance to encourage
and regulate outdoor seating/dining use"....
Mr.Kerr moved to approve the proposed ordinance,inclusive of
suggested amendments to the language.Mr.Eisenhart seconded the
motion.
Vote:Approved:6 Opposed:0
PB Min 7/11/95
XI
Upon the close of the vote,Mr.Basu suggested that item F,line
11,"street furniture,"should be amended for specificity.
IV.Approval ofthe Minutes ofMarch 28,1995 (EAR
Workshop)Meeting.
Motion:Mr.Basu moved to approve the Minutes of March 28,1995,
as read.Mr.Kerr seconded the motion.
Vote:Approved:6 Opposed:0
V.Remarks
WorkshopforPlanningBoard members/commissioners:
Mr.Kerr suggested thatthe City underwrite the cost,i.e.,pay
registration fees,for attendance of its Planning Board
members/commissioners atthe FPZA workshop tobe held in October
1995 in Miami Lakes.
Motion:Mr.Kerr moved thattheCityconsider budgeting thecost
ofitsPlanningBoard members/commissioners toattendtheFPZA
workshop in October 1995.Mr.Basu seconded the motion.
Vote:Approved:6 Opposed:0
Future schedule for Planning Board:
Staff was requested to draft anew schedule for Planning Board,in
order to avoid schedule conflicts with the City Commission.
VI.Adjournment.
Chairperson
Secretary
PB Min 7/11/95
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
Legal Holidays
Miami,Dade County,Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams,who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review,a dally (except Saturday,Sunday
and Legal Holidays)newspaper,published at Miami In 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 JULY 18,1995
RE:ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH
MIAMI AMENDING ARTICLE VII,ETC.
In the
was published in said newspaper In the Issues of
Jul 6,1995
.XXXXX Court,
Affiant further says that the said Miami Daily Business
Review Isa newspaper published at Miami In said Dade
County,Florida,and that the said newspaper has heretofore
been continuously published In said 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 Dade County,Florida,fora period of
one year next preceding the first publication of the attached
copy of advertisement;and affiant further says that she has
nelthap'pMd nor promised any person,firm or corporation
any/flscount,rebate,commission orrefundforthepurpose
vertlsement for publication In the said
(SEAL)
Sookle Williams p
3
Sworn to and subscribed before me this
Jui¥^__r>v \95
E.PENA
NOTARY PU2UC STATE OF FLORIDA]
COMMISSION NO.CC 172108
jnally known tofoaMY COMMISSION EXP.IAN.6 19%
Ifcnr OF SOUTH MIAMI
,NOTICE OF PUBLIC
UNO
•^-T-SSBSE
^ICEIS^BEREBY1 given that
theCityCommission"ofthe City of
South Miami;Florida wiH conduct a
Public Hearing tfuHng jt«regutar
City Commission meeting on Afcy
48,1995 beginning at 7:30 pjn.Tij
the City'"Commission Chambers,
••/.-.AN,ORDINANCE z OFr-THE
;.*MAYORAND CITY.COMM-
J-ISSrON OF -THE CITY OF-j
•.-SOUTH MIAMI,FLORIDA
AMENDING ARTICLE VII.
.^HOMETOWN DISTRCr OVER
LAY ORDINANCE IN ORDER
TO PROVIDE REGULATIONS
_FOR OUTDOOR SEATING/
-u_DINING USES AND AREAS;
PROVIDING THE CITY MAN
AGER WITH POWERS OF
;?^APPROVAL AND .REVO-
tltCATION;PROVIDING FOB
^POWERS TO-BUILDING,
^ZONING AND.COMMUNITY
DEVELOPMENT DEPART-
^:MENT REGARDING DEVEL-
'^OPMENT REGULATIONS:
fe^HOVIDING "FOR AN
3&AMENDMENT*TQ*THE FEE
f£^£HARGED FO&£'UCENSE;
^PROVIDING FOB":SEVER-
m ABILITY:PROVJDING FOR
W ORDINANCES IN3CONFUCT,
ANDPROVIDING •FOR AN
4&EFFECTIVEDA7K"';"
-•,'-••
rare invited
to attend and'
Said ordinance
the office of the
i Friday du
jgraumes
.irim cnyCWrk*—
j !Cty of Soutti Miami
Punwant *1o^^Rbrida Statute
288.0105.theCityherebyadvises
the public thatifapersondecides
to .appeal any decision made by
thisBoard,AgencyorCommission
withrespecttoanymatter consid-.
eredatitsmeeting or"hearing,he
or 'she will need'a"recordofthe
proceedings,andthat for such pur
pose,affected person may needto
ensure thata verbatim recordof
theproceedingsismade which re
cord includes the testimony and
evidenceuponwhich the appeal is
tobe based.r^jSHSSi•-:;•_-fc
-~-.-sw •.-uiZjiT '•%£$£***••$T
7/6 ..,at 95-&O70611M_
viewed in
Monday
hours.
iSi-•--—-—-......—-^,„,.,„,_,*«*•Ham
6130 Sunset Driveto consider the should be drected torBiiBcSng andfollowing".'deScnbed 6>dkiance Jfoning DepartmrVljffi^3-6344
which was givenfirst
June 13,1995