Ord No 21-16-2254Ordinance No.21-16-2254
An Ordinance amending the City's Land Development Code,Article III,"Zoning
Regulations,"Section20-3.3,Permitted use schedule,"Subsection (E),"Outdoor
Seating/Dining for All commercial Properties,except for Properties inthe RO
Residential Office Zoning District,"to amend the insurance requirements,and
other applicable rules,applicable to outdoor seating of restaurants within the
City.
WHEREAS,theCity of SouthMiami("City")hasimposedcertain requirements on
SidewalkCafes,foroutdoorseatinginthe City's publicrights-of-way,intheinterest of the
public health,safety and welfare;and
WHEREAS,the outdoor seating regulations have included certain insurance
requirements;and
WHEREAS,ithas become apparent that the insurance requirements inthe City's Land
Development Codefor outdoor seatinginthepublic right-of-way have become a hardship to
businessesseekingtoprovidesuchservice;and
WHEREAS,theCityis protected byitsown insurance coverage,andthe business's
insurance policy is primarily to protect patrons,citizens,visitorsand passers-by intheevent of
injury;and
WHEREAS,the Administration has recommended,andthe City Commission concurs,
thatthe insurance requirements canbe amended torelievethe burden of providing such
insurance while still providing the protections sought;and
WHEREAS,while reviewing the ordinance it became apparent that other regulations
applicable to outdoor cafes both inthe public right of way,and adjacent thereto,needed updating
to protect the public health,safety and welfare;and
WHEREAS,the Planning Board has reviewed this ordinance after first reading andithas
recommended its approval bya unanimous vote of sixtozero.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.City's Land Development Code,Article III,"Zoning Regulations,"Section
20-3.3,Permitted use schedule,"Subsection (E),"Outdoor Seating/Dining forAll commercial
Properties,except for Properties intheRO Residential Office Zoning District",City of South
Miami,Florida,is hereby amended andshallreadasfollows:
20-3.3 -Permitted use schedule.
(E)Outdoor Seating/Dining forAll eCommercial Properties,except for Properties intheRO
Residential Office Zoning District.
Page 1
Ord.No.21-16-2254
(1)Anpermitapplicationforoutdoorseatinganddiningorasidewalk cafe?on
private-public propertyoronpublic rights-of-way oronprivateproperty
contiguouswithapublic right-of-wav.mustbefiledwiththePlanningand
ZoningDepartmentandapprovedbytheCityManagerpriortosuchuse.The
applicationshallincludealayout(siteplan)of thelocation of alltables,chairs
(including numberandtypeof chairs),benches,andother furniture;pedestrian
ingressandegress;location of refusecontainers;location of approvedoutdoor
speakers;andotherelementsnecessarytoillustratetheproposedoutdoor
seating/dining useandarea(alldrawingsmustbetitled,indicate orientation,and
beatan acceptable scale).If applicable,thesite plan mustclearlyindicatewhich
seatsandtablesareonprivatepropertyandwhichareonthepublicright-of-way.
TheCity Manager shall require thatan amended site plan be submitted inorderto
address specific problems.
The following words,terms andphrases,whenusedinthiscode,shallhavethe meanings
ascribed to them inthis section,except where the context clearly indicates a different
meaning:
Applicant means the person or entity that applies fora permit.
City means the City of South Miami,except that when the context suggests an
individual willtake some action on behalf of the City,the term City shallbe interpreted
to mean theCity Manager or designee or unless stated otherwise inthis ordinance.
CityManager means the eCity mManager orthe eCity ^Manager's designee.
Code compliance officer means the code compliance officers,or any other
authorized agent or employee of the eCity whose duty itisto assure compliance with the
City'sLand Development Codeorthe City's Ceode of Ordinances.
Contiguouswithapublic right-of-way,for purposes of this section only,shall
mean outdoor locations that abut the public right-of-way andare not completely
separated from such right-of-way byany permanent structures or walls.
Menuboard means a board allowing forthe posting of a restaurant's menu and
fabricated in such a manner soas not to constitute aform of general advertising or
establishment identification.
Outdoor seating and dining means tables and/or seating that are situated outdoors
and where food and/or beverages aresold,served and/or consumed or where they are
intended to be sold,served and/or consumed and includes sidewalk cafes.
Outdoor,for purposes of this section only,shall mean an area outside of a
permanent structure that may or may notbe permanently covered with aroof.
Permanent Structure,for purposes of this section only,shall mean a structure
permanently affixed to the ground,which has four walls and a roof and that might or
might not have an opening tothe outdoor seating and dining areas.
Permittee means the recipient of an Outdoor Seating/Dining Permit under the
terms and provisions of this section division andfor purposes of this section only.
Page2
Ord.No.21-16-2254
Permit Year meansthe eCity's fiscalyearthatcommencesonOctober 1st andthat
endsonSeptember30th of the following calendaryear.
Restaurant for purposes of thissectiononly,meansafoodservice establishment
thatis maintained and operated asaplace where foodand/or beverages are prepared
and/orservedandsoldforconsumptionwithinthepremises,orabusinessestablishment
whichhas,asan ancillary or secondary use,apartthereofwherefoodand/or beverages
arepreparedand/orservedandsoldforconsumptionwithinthepremises.
Right-of-way,oxpublic right-of-way,forpurposes of thissectiononly,meansland
in which a governmental bodyownsthefeetitleorhasan easement devoted toor
requiredforuseasa transportation facilityincludingsidewalksandstreets.
Sandwichboardsign shallhavethesame definition asset forth in section 20-
4.3(B)under the name "Sign,portable outdoor dining."
Seating means anytype of chairor other furniture provided fororusedby
customers intheactforthe intended purpose of sittingwhile consuming beverages or
food.
Sidewalk means that portion of the right-of-way which is intended foruseby
pedestrians and is located between thecurblineor the lateral line of a street and the
adjacent property line.
Sidewalkcafe ("Ceafe")means an outdoor seating and dining use located ona
right-of-wayorwhichonprivatepropertythatiscontiguouswithabutsapublicright-of-
way,and which is associated witha restaurant andis primarily characterized by tables
andchairs;maybe shaded byawnings,canopiesor umbrellas;and may include such
other sidewalk eafeCafe furniture(as hereinafter defined)as permitted and/or approved
pursuant to this section.
Sign shall have the same meaning as provided forin Section 20-4.3 of this code.
Street means that portion of a right-of-way improved,designed or ordinarily used
for vehicular traffic and/or parking.
Table means any furniture which is used forthe placement of foodor beverages.
(2)A permit fora sSidewalk cafeor oOutdoor seating/dining areas anduses of the
public right-of-way and/or any private property contiguous with abutting a public
right-of-way (hereinafter referred toasan "outdoor seating/dining permit'')may
be approved,denied,or approved with conditions,modifications,safeguards,or
stipulations appropriately and reasonably related totheintent,purposes,
standards,and requirements of therelated regulations bytheCity Manager.Such
outdoor seating/dining permit shallnotbe transferable inany manner andis
strictly a conditional use permit,issued fora period of oneyear,renewable
annually via payment of the annual occupational license fee business tax receipt,
annual proof of compliance with the requirements of this ordinance,including
insurance and,if applicable,payment of the per seat feesetforth below.
(3)Thefeeforan outdoor seating/dining permit Sidewalk cafesshallbe charged
annually,and paid atthesametimeasthe applicant/permittee paysits business
taxreceipt,for each outdoor seat located on public rights-of-way oronany private
Page 3
Ord.No.21-16-2254
propertycontiguous with abuttingapublic right-of-way and/oranystand-alone
tabletop with noseating which isprovidedin conjunction with thesaleof,or
intendedtobeusedfor,orinthecourseof,the consumption of beveragesorfood.
If theapplicanthasan existing restaurant,theinitialfeeshallbeproratedbasedon
the time remaining before the applicant's business taxreceiptexpires.Thepermit
feestobechargedshallbesetforthinthe City's Schedule of FeesandFines.The
permit feeshallbeaddedtotheannual occupational license fee business tax
receipt and the payment of all outstanding violation feesforthe main business.No
outdoor seating/dining Sidewalk cafe permit shallbe issued while the
applicant/permittee is delinquent inthe payment of any money owed totheCity.
(4)The applicant/permittee shall provide the City with:
(a)A copy ofthe business tax receipt fromthe City of South Miami.
(b)Copies of all required health department permits tooperatea sidewalk cafeor
equivalent outdoor seating/dining restaurant.
(c)fa}apolicyand/orcertificate of insuranceandan indemnification agreementthatis
acceptabletothe City Managerandthatprovidesfor indemnification and compliance
with the City's insurance and indemnification requirements,including thefollowing:
(i)(a)Commercial generalliabilityinsuranceinthe amount of $1,000,000.00per
occurrence for bodily injury andpropertydamage.The eCity must be named asan
additionalinsuredonthis policy andan endorsement must beissuedaspart of the
policy reflecting compliance with thisrequirementtocoverliabilityapplicableto
outdoor seating/dining and or sidewalk cafes as described in this ordinance.
(if)(b)For sidewalk cafesandotheroutdoorseating/diningareasthat which serve
alcoholicbeverages,liquorliabilityinsuranceintheamount of $1,000,000.00per
occurrencefor bodily injuryandpropertydamage.The eCity must be named asan
additionalinsuredonthispolicy,andan endorsement must beissuedaspart of the
policy reflecting compliance with thisrequirementtocoverliabilityapplicableto
outdoor seating/dining andor sidewalk cafesasdescribedinthisordinance.
(iii)(e)Workers1 compensationand employers1 liabilityasrequired by the
state.
All policies must beissued by companiesauthorizedtodo business inthestate
Floridaandrated B+:VI A-VIII orbetterper Best's Key Rating Guide,latest
edition,who arenotsurpluslines carriers andwhoare covered by theFlorida
Insurance Guaranty Association.The City Manager may increase these insurance
requirements provided suchrequirementsareappliedtoallparties similarly
situated.
Proof of insuranceshallbeprovidedtothe eCity asa requirement ofthepermit.If
such proof isa nonbinding certificate,the applicant/permittee's insuranceagent
andorcarriershall annually advisethe City in writing,on in aformacceptableto
the City Manager under penalty of perjury,ofthe insurance coverage being
provided,the term of thecoverage execute annually,an affidavit with the city and
verifying thattheapplicanton behalf of thecafe outdoor seating/dining areaand
Page 4
Ord.No.21-16-2254
theCityare covered byhastherequired insurance.Such affidavit/declaration
shallincludethepolicynumber,companynameandcompanycontactinformation
andtheformnumbers of thepolicyandall of theendorsementstothepolicy.City
officialsadministrative staff shallcontactthe permittee's applicant'sinsurance
company monthly periodically to verify the existence and continuance of such
insurance;however,thisinnowayrelievestheinsuranceagent of the agent's duty
to provide truthful information totheCity.Unless the owner or operator of the
outdoor seating/dining area eafe provides theCity with a binding certificate of
insurance andan endorsement to provide theCity with atleast 10 days advanced
notice of intent tocancelthepolicy,the owner or operator eafe shallpaytheCity
a monthly fee of $25.00eachtimetheCity contacts the insurance company,to
cover the cost to verify existence of coverage.Failure to comply with these
requirements shall be deemed tobe operating without a valid permit and,upon a
finding by the City Manager that such failure has occurred,shall cause an
immediate suspension of the permit andthe assessment of a daily fee-fine asset
forth inthe City's Schedule of Feesand Fines until the permit is revoked orthe
requirements aremet.Applications for permits shall include an indemnification of
theCityforanyandall liability associated with the permittee's operation of the
sidewalk cafe/outdoor seating and dining area.
(5)An Sidewallccafe outdoor seating/dining permit maybe revoked or suspended by
theCity Manager upon findingthatoneormore conditions of these regulations
have been violated,or that the sSidewalk cafe/outdoor seating and dining and-area
isbeing operated ina manner whichthatis inconsistent with the approved site
plan or constitutes a public nuisance,orinanyway constitutes a reasonable risk
of injuryto persons ordamageto property or potential liability totheCity.A
decisionbytheCityManagertorevokeorsuspendapermitforfailuretocomply
with theoneor more conditions or regulations may be appealed bythe owner or
operator permittee totheCityCommission.AnappealmustbefiledwiththeCity
Clerk within thirty (30)days of receipt of written notice of theCity Managers
decision.An appeal of theCity Manager's decision doesnotstaythe
implementation of theCityManager'sdecision.TheCity Commission shallhear
andentera decision onanyappealtaken within sixty(60)daysfromthedatethe
appealisfiled.TheCityManager'sdecisionshallbeinwritingandindicatethe
grounds forhis action andthe what provisions of the City's code of ordinances
that have been violated,if any,and/or what public nuisance or risk predicated the
decision of the City Manager.
(6)AnSidewallccafe outdoor seating/dining permit maybe temporarily suspended by
the eCity mManager for public use/purpose,utility,sidewalk or road repairs,
emergency situations,or violations of provisions contained herein.The length of
suspension shall be determined bythe eCity mManager as necessary.Removal of
all street furniture and related obstructions shall be the responsibility of the
permittee as well asthe owner/operator of the outdoor seating/dining area.
(7)An Sidewallc cafe outdoor seating/dining permit may be temporarily expanded by
the City Manager upon receipt of a written request including asite plan during
special events.
PageS
Ord.No.21-16-2254
(8)An Sidewallc cafeoutdoor seating/dining permitareashallbekeptinaneatand
orderly appearance andshallbekeptfreefromrefuseand debris.Theapplicant
permitteeshallberesponsiblefordailycleaningandsweeping of thesSidewalk
cafeareaandforthe cleanliness and maintenance of anyoutdoorplanters
immediatelyadjacenttotheoutdoor seating/dining area.Cleaningshallinclude
twice-monthlypressurecleaningorotherappropriatecleaningmethods,as
determinedbytheCity.Use of eCitysidewalksfortrashandgarbageremoval
shall be prohibited.
(9)A sSidewalk cafeshallnotinterferewiththefreeand unobstructed pedestrian or
vehicular circulation of traffic,public access toany street intersections,
crosswalks,public seating areasand conveniences,bus stops,alleys,service
casements,handicap facilities,oraccesstoany other public,residential or
commercial establishments.The width and location of the sidewalk pedestrian
passage through the sSidewalk cafeshallbeas follows:
(a)If there is seating ononeside of the sidewalk,a minimum of five(5)feet
of sidewalk must remain unobstructed by outdoor seating furniture andthe
maneuvering of chairs,and clear for pedestrian passage;
(b)If thereis seating ontwo(2)sides of the sidewalk^a minimum of five(5)
feet of sidewalk between thetwo(2)seating areas must remain
unobstructed byoutdoorseatingfurnitureandthe maneuvering of chairs,
and clear for pedestrian passage;
(c)All outdoor furniture^including butnot limited to tables,chairs and
umbrellas (excluding outdoor planters^shallbe located a minimum of
eighteen (18)inches fromthecurb.
(10)A sSidewalk cafeonthepublic rights-of-way shallbe open andimenclosed.No
building structures of anykindshallbeallowedinandoverany portion of the
outdoor seating/dining area located onpublic property,except by prior express
written authority of the City Manager.
(11)Tables,chairs and all other furniture usedinthe operation of an outdoor
seating/dining area onthepublic rights-of-way shallnotbe anchored or restrained
inanymanner.Individual tableumbrellas,planters,or other such non-stationary
elements maybe permitted within the outdoor seating/dining area anda where
applicable,shallhavea minimum clearance height of seven(7)feetabovethe
sidewalk.
(12)A sSidewalk cafe must apply forand receive advanced written specific approval
to provide amplified sound of anykindinthe outdoor seating area.Inthe event
the City Manager determines that the amplified sound constitutes a public
nuisance,,the City Manager shall impose additional conditions;inthe event of a
second offensei theCity Manager shallrevokethe approval authorizing theuse of
amplified sound.Sound must bekeptata low volume soasto not disturb
neighboring businesses,residences,ortobe audible in neighboring residential
districts.Plans for amplified sound must be submitted with thesite plan.Each
establishment must sign an agreement in order to have amplified music.
Page 6
Ord.No.21-16-2254
(13)AsSidewalkcafeonpublic rights-of-way shallberestrictedtothelength of the
sidewalkorpublicright-of-wayimmediatelyfrontingthesSidewalkcafeunless
expresslyauthorizedinwritingbytheCityManager.Theutilization of space
extendingbeyondthesubjectpropertyfrontageontotheimmediatelyadjacent
propertymaybeauthorizedbytheCityManagerwiththeexpresswritten
approval of the adjacent storefront^owner;however,the seats and chairs inthis
locationmaynotblocktheadjacentstorefrontwindows.Thisexpansionissubject
toannual written consent provided bythe property ownersinfront of whose
properties the outdoor seating/dining servicewouldoccur.Theannual written
consentformshallbeprovidedtotheCityandshallincludeaninsurancepolicy
naming the City asan additionalinsured anda hold harmless clause in favor of
theCity.
(14)AsSidewalkcafeshallbeatthesameelevationastheadjoiningsidewalkor
publicright-of-wayunlessexpresslyauthorizedinwritingbytheCityManager.
(15)Cartsandtraysforservingfoodare permitted inthe outdoor seating/dining area
but must comply with the provisions of Subsection 9(a)and(b).
(16)The maximum number of outdoor seatsshallnot exceed eighty (80)percent of the
number of indoor seating,except for restaurants with indoor seating of twenty-
five(25)seats orless which mayhave outdoor seats notto exceed one hundred
(100)percent of the number of indoor seats.
(17)Duringthe operating hoursalloutdoorfurnituremustbe securely placed asshown
onthe approved site plan orasmaybe ordered bythe City Manager in writing.
After operating hours,outdoor furniture must be neatly stacked toa maximum
height of five(5)feet without blocking the sidewalk.A City approved cover may
be required by the City Manager for chairs left outside when stacked.
(18)No person,property owner,lesseeor restaurant shall allow outdoor seating/dining
ona public right-of-way orany private property contiguous with abutting a public
right-of-way without a permit.Each day that outdoor seating/dining or similar
activity occurs without a permit orin violation of thesite plan,shall constitute a
separate incident of violation andshall result inafinefor each day of continued
violation.The continuing operation of a sidewalk cafeor any outdoor
seating/dining activity without a permit as required by this ordinance after the
receipt of a violation notice fromthe City Manager may also result in the
revocation of the restaurant occupational license business tax receipt pursuant to
Section 13-16 of theCityCode.
(19)Any violation of the regulations and standards set forth in this section shall
constitute a separate incident of violation andshall result inafinefor each day of
continued violation in an amount set forth in the City's sSchedule of fFees and
Fines.A subsequent violation of any of the regulations and standards set forth in
this ordinance section shall result inafinefor each day of such continued
violations asset forth intheCity's sSchedule of fFees and Fines,whichever is
greater.The continuing operation of an activity governed bythis ordinance
section without a permit or with a suspended permit or after the receipt of a
violation notice fromthe City Manager andthe failure to timely curethe
Page 7
Ord.No.21-16-2254
violation,may result inthe revocation of the occupational license business tax
receipt ofthepersonorentity responsible,pursuant to Section 13-16 oftheCity
Code.
(20)TheCityshallissue24-hourwarningnoticesforallnon-lifesafetyviolations of
thisordinancesectionwhichmustbecorrectedwith24hours of receipt of such
notice.
(21)No warning noticesshallberequiredpriortotheissuance of a violation forfailure
tohavea permit orforlifesafetyviolationsand/orlife safetyr orsSidewalkcafe
siteplanviolationsandsuchviolationsshallbecorrectedimmediately.Lifesafety
violations are defined as those conditions which,in the reasonable determination
and judgment of theeCity mManager,involveserious danger and/orrisktothe
public health,safety or welfare (including,without limitation,blocking pedestrian
pathways and violations of thestate accessibility codefor building construction).
Life safety outdoor seating/dining site plan violations are defined to include those
instances where the permittee is operating outside of the permitted outdoor
seating/dining use area (as approved pursuant tothiscode)such as where
sSidewalk cafe furniture isfound outside the approved boundaries of the outdoor
seating/dining usesiteplan;butshallnotbe deemed to include instances where a
chairor chairs are temporarily moved outside the approved boundaries of siteplan
bya sidewalk cafe patron(s)unlessitremainsinsuch unauthorized location for
more than 15 minutes.
(22)If eCity personnel findsaviolation of thisordinanceaftera 24-hour warning
notice of such violation hasbeenpreviouslyissued,thenanotice of violation shall
be issued tothe violator.Nosuch warning notice is required forthefailuretohave
avalid permit orforlifesafetyviolations of this section andforlifesafety
outdoor seating/dining siteplanviolations,anda violation maybe issued atany
time.
(23)TheCity Manager or his/her designee may order allfurniture,including fey but
not limited to,seats,tables,and planters tobe removed inthe event of a pending
storm,hurricane,or other declared emergency.
(24)Tables,chairs and other furniture onthe sidewalk may be removed bythe eCity,
anda reasonable fee charged forlabor,transportation,and storage aswellasa
fine which shall be initially setat$250and which shallbe levied against the
person or entity who owns and/or controls such furniture^should the responsible
person or entity failto remove saiditems within thirty-six (36)hours of receipt of
the eCity's notice todosoforany reason under this section.Inthe event of a
pending storm,hurricane or other declared emergencya the City Manager may
reduce the thirty-six (36)hour timeframe.The eCity mManager shall promulgate
and review,as needed,regulations regarding the storage and disposition of
sidewalk cafe furniture under this section.
Section 2.Codification.The provisions of this ordinance shall become and be made
part of the Land Development Code of theCity of South Miami as amended.
Page 8
Ord.No.21-16-2254
Section 3.Severability.If anysection,clause,sentence,orphrase of thisordinanceis
foranyreasonheldinvalidor unconstitutional byacourtof competent jurisdiction,this holding
shallnotaffectthevalidity of the remaining portionsofthis ordinance orthe Guidelines adopted
hereunder.
Section 4.Ordinances in Conflict.All ordinances orparts of ordinances andall
sectionsandparts of sections of ordinancesindirectconflictherewithareherebyrepealed.
Section 5.Effective Date.Thisordinanceshallbecome effective upon enactment.
PASSED AND ENACTED this 20^day of September.2016.
ATTEST:
{(Jytgrfie^idL.
^Reading =3/1/16
2ndReading-8/16/16
3rdReading-9/20/16
READ
LANGIL*
E3
ROVED AS TO_
EGALITY,
THEREOF,
mTORNEY
APPROVED
COMMISSION VOTE:5-0
Mayor Stoddard:Yea
Vice Mayor Welsh:yea
Commissioner Liebman:Yea
Commissioner Edmond:Yea
Commissioner Harris:Yea
Page 9
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
To:The Honorable Mayor,Vice Mayorand Members of the City
Commission
Cc:Steven Alexander,City ManagerandMaria Menendez,City Clerk
From:Thomas F.Pepe,City Attorney
I toDate:September 15,2016 ITEM No.
SUBJECT;
An Ordinance amending the City's Land Development Code,Article
III,Section 20-3.3,subsection (E),"Outdoor Seating/Dining to amend
theinsurance requirements,andotherapplicablerules,applicableto
outdoor seating of restaurants within the City.
SUMMARY OF FACTS SUPPORTING THE REQUEST:
This ordinance was approved atfirstreading by the Commission on March
1,2016 and approved with substantial amendments on 2nd reading on August 16,
2016.I have madeafewadditionalchangesthatIamproposingthathave been
highlighted in yellow to show thechangesonthe version thatwasapprovedat2nd
reading and that is attached.
Mr.Heldhasalsoprovidedme with thefollowingsuggestedchanges,that
are highlighted in yellow below,tothedefinitionsintheordinance,with which I
concur:
City means the City of South Miami.
|f City Manager ffl&M unless stated otherwise in this ordinance seotion.
Permanent Structure,for purposes of thissection only,shallmeana structure
tteirMaaen^that has four walls and a roof and that might or
might nothaveanopeningtotheoutdoorseatinganddining areas.
***
Sidewalk cafe ("Ceaf6")means an outdoor seating and dining use located ona right-of-
wayorwhichon private property bfeteMiall is contiguous with abuts a public right-of-
way,andwhichis associated witha restaurant andis primarily characterized by tables
and chairs;maybe shaded by awnings,canopies or umbrellas;andmayincludesuch
other sidewalk eafeCafe furniture (as hereinafter defined)as permitted and/or approved
pursuant to this section.
***
Seating means any type of chair or other furniture provided for or used by ^te3M8
customersintheactfortheintended purpose of sittingwhileconsumingbeveragesor
food.
,cSouth'Miami
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING INTER-OFFICE MEMORANDUM
To:The Honorable Mayor &Members of the City Commission
Via:Steven Alexander,City Manager
From:Jane K.Tompkins,AICP,Planning Director
Date:August 16,2016 Agenda Item No.:.
Subject:
An Ordinance amending the City of South Miami's Land Development Code,Article III,
"Zoning Regulations/'Section 20-3.3,Permitted use schedule/'Subsection (E),"Outdoor
Seating/Dining forAll commercial Properties,except for Properties in the RO Residential
Office Zoning District,"to amend the insurance requirements,and other applicable rules,
applicable to outdoor seating of restaurants within the City.
Background:
Whenreviewing the insurance portion of an application for outdoor seating against the
regulations found in Section 20-3.3(E)of the Land Development Code (LDC),ithas become
apparent that the insurance requirements for outdoor seating in the publicright-of-waymaybe
a hardship to businesses wishing to provide that service to their patrons.Whilein the process
of studying the issue,it was realized that the Cityis protected byits own insurance coverage,
and the business's insurance policyprimarily protects patrons,citizens,visitors and passers-by
in the event ofinjury.Because of that,ithas been recommended that the insurance
requirements be amended in order to relieve the burden to business owner of providing such
insurance,while still providing the protections that are sought.
The Ordinance was presented to the CityCommission for first reading on March 1,2016.It
passed witha4-0 vote.At the time offirst reading,Attorney Pepe submitted a proposal for
additional amendments and the Commission deferred those proposals until second reading.
Those changes,and additional changes that resulted from further review,are indicated by the
highlighting in the attached draft.
Analysis:
The most significant of the changes proposed address the insurance requirements for the City.
Currently,Section 203.3(E)(4)of the LDC requires that the applicant provide insurance in the
amount of $1,000,000 per occurrence forbodilyinjury and property damage.The proposed
amendment will require that coverage be provided that is substantially the same as that
providedby ISO Form CG 20260413or CG 20120413in addition to the $1,000,000
requirement.Also,changes are being made to address how the City manages restaurants that
Outdoor Seating Text Amendment
August 16,2016
Page2 of 2
cannot provide the insurance endorsements asrequired.Previously,when an applicant was
unable to meet the City's insurance requirements,the Citywould monitor their policyona
monthlybasis,charging $25permonthforthe service.The amendment will insteadrequire
that the insurancebe monitored periodically atarateof$25peroccurrence.
TheCityisalsoclarifying who willberequired to submitanapplicationfor outdoor seating.This
amendment canbefoundinSection20-3.3(E)(l)of the LDC.Currently,all restaurants in the
City were required to filean application that included proof of insurance,regardless of whether
they weregoingtoplaceseatingonprivateor public property.Thisincludedrestaurants that
were completely containedwithinastructuresuchas the ShopsatSunset Place.Theproposed
amendment now requires that apermitapplicationfor outdoor seatingwillonlyberequiredfor
those restaurants that wish to placeseatingona public right-of-wayoronprivateproperty that
is contiguous witha public right-of-way.In additiontothischange,new definitionsarebeing
proposed that includewhatisconsideredtobecontiguouswith the publicright-of-way.
Finally,the proposed amendment will revise other miscellaneous items in the LDC,such as
when payment isdue,and the correct varioustypographicalerrors.
Punning Board Acton:
After the publichearingheldon the itematthe Planning Board's July 21,2016 meeting,the
Board recommended approval of PB-16-006 with a vote of 6-0.
Recommendation:
Itis recommended that the CityCommissionapprove the proposed amendment to the Land
Development Code.
Attachments:
•Draft Ordinance
•DraftPlanningBoardMeetingMinutesExcerpt,dated July 21,2016
JKT
C:\Users\mmenende\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\TZ48RTT2\PB-16-Q06J3utdoor Seating
Text Amendment Report 081116 (2).docx
SUNDAY SEPTEMBER 112016 I MPTfilTRnR S I I 27SE
MIAMIHEBALD.COM
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTJCF.1S HEREBYgiventhatthe Ciiy Commissionof Ihe CityofSouth Miami.Floridawill conduct Public Hearingis)atitsregularCityCommissionmeeting scheduled for
Tuesday.September20.2016,beginningat7:00 p.in.,intheCityCommissionChambers.6130 SunsetDrive,toconsiderthefollowingitem(s):
AResolutionapprovingaspecialusetopermitafraternalorganization/privateclubat6304SW7SStreet.
AResolutionrelatingtoanapplicationforwaiverofplatforthesubdivisionofpropertylocated6050SW 81 Street.
t An Ordinance amending the City ofSouth Miami's Land Development Code.Article Ul,"Zoning Regulations.**Section 20-3.3,Permitted use schedule.**Subsection (13),\
J "Outdoor Seating/Dining for All commercial Properties,except for Properties in the RO Residential Office Zoning District,"to amend the insurance requirements,and other I
y applicable rules,applicable lo outdoor seating of restaurants within the City./
An Ordinance amending tbe South Miami Pension Plan ro implement theCollective Bargaining Agreement between theCityofSouthMiamiandAFSCME Local3294and
creatinganew Administration ManagementServiceClass (AMSC)of employees inthe South Miami PensionPlanfortheCityofSouthMiamiandsettingforththetermsof
tbePlanasrelatedlo the AMSC:by Amending Chapter16.Article II.Section 16-12.''Definitions'"byAddingDefinitions forSecondTier Member and AMSCand amending
tbe definiiion of final average compensation,asitappliestothe AMSC:by amending Section 16-13.'"Eligibility'*to reopen thePlan lor certainGeneral Employees andfor
the AMSC;by amending Section 16-14."Pension benefits and retirement date"tosetoutthe benefits forthose persons whowilljointhe Second Tierandforthose persons
intheAMSC:by amending Section16-17'TerminationBenefits''to provide avesting schedule fortheAMSC:by amending Sec.16-19."Contributions'"toplacealimit
on Ihe totalcontributionsmadeinanyfiscalyearbyGeneralEmployeesandtosetthe contribution rateforthe AMSC:byamendingSection 16-21."Purchase of Credited
Service"byallowingcertainemployeesandelectedofficerslobuycreditedservice.
AnOrdinanceoftheMayorandCity Commission oftheCityofSouthMiamiamendingtheLandDevelopment Code..ArticleIII."Zoning Regulations."Section 20-3.5,
"DimensionalRequirements."toamendand clarify Ihcsetbackrequirementsforsidestreet first andsecondstoryfacadesofstructuresoncorner lots,andforsideinterior
setbacks for additions to structures with a five foot setback,inthe RS-1.RS-2.RS-3.RS-4andRS-5zoning districts:and Section 20-3.6."Supplemental Regulations."
subsection(F)(4).tocorrectthetitleofthedirectorresponsiblefor determining whichstreetsarefrontageandsidestreets.
An Ordinance amending Section 20-6.1 of Ihe CityofSouthMiami'sLand Development Code,to amend the meeting requirements forthe Environmental Review and
Preservation BoaTd.
An Ordinance Adopting aSmallScale Amendment tothe Future Land UseMapof the Comprehensive Plan,amending the designation ofthe Marshall
Williamson property located south ofSW 64*Terrance.approximately between SW 60th Avenue and SW 6P Court,from Single-Family Residential
(Two-Story)toTownhouseResidential(Two-Story).
An Ordinance Amending theOfficial ZoningMap.as audiorized by Section 20-3.1 (C).andoilier applicable provisions,amending the designation ofthe Marshall Williamson
propertylocatedsouthofSW 64*Terrace approximately betweenSW60*Avenue andSW61*Court*from Single-Family Residential District RS-4 to RT-9.
ALLinterestedpartiesareinvitedtoattendandwillbeheard.
Foi furtherinformation,pleasecontacttheCityClerk'sOfficeat:305-663-6340.
Maria M.Menendez,CMC
CityClerk
Pursuant loFlorida Slalulcs 2S6.0J05.the Cilyhcrchy advises ihcpublic ihal ii aperson decides loappeal any decision nmdc hy ibis Board.Agency orCommission with respccl to any mailer considered
;uits mcciing or hearing,he or shewill needa record of the proceedings,and Ihal for such purpose,affected person may needloensure ihal a verbatim record of Ihc proceedings is matlc which record
includes ihe icsiimony andevidenceuponwhich ihc appeal islohebased.
MIAMI DAILY BUSINESS REVIEW
PuWishnri DailyexceptSaturday.Sundayand
'.ngal MoKcJoya
Miami.Mfcjtni-DndeCounly,Rwldn
STATE OF FLORIDA
COUNTYOF MIAMI-DAOE:
Before the undersigned authority personally appeared
OCTELMA V.FERBEYRE,whoonoathsays Ihal heorsheis
Ihe VICE PRESIDENT.Legal Notices ofthe Miami Daily
Business Review f/k/a Miami Review,a daily (except
Saturday'.Sundayand Legal Holidays)newspaper,
published a»Miami in Miami-Dade County.Florida.Ihat the
attachedcopyofadvertisement,beingaLegal Advertisement
of Notice inIhe matter of
NOTICEOFPUBLICHEARING
CIIY OFSOUTH MIAMI -SEPT.20.2016
in theXXXX Court.
waspublishedinsaid newspaper inthe issues of
Affiant furthersays Ihat Ihe said Miami Daily Business
Reviewisanewspaperpublishedat Miami.Insaid
Miami-Dade County.Floridaandthatthesaidnewspaperhas
heretoforebeencontinuouslypublishedinsaidMiami-Dade
County.Florida eachday(except Saturday.Sundayand
LegalHolidays)and has been entered as second class mail
mailer at (he postofficeinMiami in saidMiami-DadeCounty.
F«or«da.foraperiodofoneyearnextprecedingthefirst
publicationofthe attached cooyofadvertisement;andaffiant
further says thai heorshehasneitherpaidnorpromisedany
person,firmor corporation anydiscount,rebate,commission
or refund for Ihe^ourpose ofsecuringthisadvertisementfor
publication in the/said ne\j5»p8pe7}
OCTELMA VFERBEYRE personally krtfSh loJbFJ^'€%%%
o*-»2 5
8FF034747 /^f
=Vri
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY givenIhat theCityCommission oftheCityofSouth
Miami,Floridawill conductPublicHearingfs)atitsregularCHyCommission
meetingscheduledforTuesday,September 20.2016,beginningat7:00
p.m.,intheCityCommissionChambers,6130SunsetDrive,toconsider
thefollowing item(s):
AResolution approving a special uselo permR a fraternal organization/private
club at 6304 SW 78 Street.
AResolution .relating toanapplicationforwaiverofplatforthe
I subdivision pf.prqperty lccated-6050 SW 81 Street.
,An.Ordinance amendingthe.Cityof South Miami's.Land Development
Code.Article III,"Zoning Regulations,.11 Section 20-3.3,Permitted use
schedule,"Subsection (E)."Outdoor Seating/Dining for Ailcommercial
Properties,except forPropertiesintheROResidentialOfficeZoning
District,"to amend the insurance requirements,and other applicable
rules,applicablelooutdoorseatingofrestaurantswithintheCity.
AnOrdinanceamendingtheSouth Miami PensionPlantoimplement
theCollectiveBargaining AgreementbetweentheCityofSouth Miami
and AFSCME.Local 3294 and creating anew Administration
ManagementServiceClass (AMSC)ofemployeesintheSouthMiami
PensionPlanfortheCityofSouth Miami andsettingforththetermsof
thePlanasrelatedtothe AMSC;by Amending Chapter16,ArticleII,
Section 16-12,"Definitions"byAdding Definitions forSecondTier
MemberandAMSCandamendingthedefinition ot final averdga
compensation,asit apples totheAMSC:byamendingSection16-13,
""Eligibility*toreopenthePlantorcertainGeneralEmployeesendfor
the AMSC;by amendingSectipn 16-14,"Pension benefitsand
retirementdate"tosetoutthebenefitsforthosepersonswhowilljoin
the Second Tierandforthose persons intheAMSC;'byamending
Section 16-17termination Benefits"to provide a vesting schedulefor
the AMSC:by amending Sec.-16-19,"Contributions*'to place a limit,
onthe total"contributions madeinany fiscal yearby General
Employees andtosetthe contribution rate for the AMSC;by
amending Section 16-21,"Purchase ofCredited Service"by allowing
certainemployees andelectedofficers tobuycredited sen/ice.
AnOrdinanceoftheMayorandCityCommissionoftheCityofSmith
Miami amendingtheLand Development Code,Article III,"Zoning
Regulations."Section20-3.5,"Dimensional Requirements."toamend
andclarifythesetbackrequirementsforsidestreetfirstandsecond
storyfacadesofstructuresoncornerlots,andforsideinterior
setbacks foradditionsto structures withafivefool setback,inthe RS-1.
RS-2.RS-3,RS-4and RS-5 zoningdistricts;andSection20-3.6,'
"Supplemental Regulations."subsection (F)(4),tocorrectIhetitleof
thedirectorresponsiblefordeterminingwhichstreetsarefrontageand
side streets..
AnOrdinanceamendingSection 20-6.1 oftheCityofSouth Miami's
LandDevelopment Cods,toamendthemeetingrequirementsfor Ihe
Environmental Reviewand Preservation Board.
AnOrdinanceAdoptingaSmallScaleAmendmenttotheFutureLand
UseMapoftheComprehensivePlan,amendingthedesignationofthe
Marshall Williamson propertylocatedsouthofSW64th Terrance,
approximatelybetweenSW60thAvenueandSW61stCourt,from
angle-FamilyResidential (Two-Story)to Townhouse Residential (Two-Story).
An Ordinance AmendingtheOfficialZoningMep,asauthorizedby
Section20-3.1(C),andotherapplicableprovisions,amendingthe
designation oftheMarshallWilliamsonproperty located southofSW
64thTerraceapproximatelybetweenSW60thAvenueandSW61st
Court,from Single-Family ResidentialDistrict RS-4toRT-9.
ALLinterested partiesareinvitedtoattendandwillbeheard.
Forfurtherinformation,please contacttheCityClerk'sOfficeat:
305-683-6340.
MariaM.Menendez,.CMC
CityClerk
PursuanttoFloridaStatutes 286.0105,theCityherebyadvisesthepublic
thatifapersondecidestoappealanydecisionmadebythisBoard.
Agencyor Commission withrespecttoanymatterconsideredatits
meetingorhearing,he or-she willneedarecordoftheproceedings,and
thatforsuchpurpose,affectedpersonmayneedtoensurethataverbatim
recordoftheproceedingsismadewhichrecordincludesthetestimony
andevidenceuponwhichtheappealistobebased.
9/9 16-101/0000151096M