15THE CITY OF PLEASANT LI VING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members ofthe City Commission
VIA: Steven Alexander, City Manager
FROM : Jane K. Tompkins, AICP, Planning Director
Date : August 16, 2016
SUBJECT:
Agenda Item No.: I S
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 for All 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:
When reviewing 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), it has become
apparent that the insurance requirements for outdoor seating in the public right-of-way may be
a hardship to businesses wishing to provide that service to their patrons. While in the process
of studying the issue, it was realized that the City is protected by its own insurance coverage,
and the business's insurance policy primarily protects patrons, citizens, visitors and passers-by
in the event of injury. Because of that, it has 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 City Commission for first reading on March 1, 2016. It
passed with a 4-0 vote. At the time of first 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
application . Currently, Section 20-3.3(E)(4) of the LDC requires that the applicant provide
insurance in the amount of $1,000,000 per occurren·ce for bodily injury and property damage.
The proposed amendment will also require that coverage be provided, that is substantially the
same as that required by certain insurance industry forms, (ISO Form CG 20 26 04 13 or CG 20
1204 13) in addition to the $1,000,000 requirement. Also, changes are being recommended to
Outdoor Seating Text Amendment
August 16, 2016
Page 2 of 2
address how the City manages restaurants that cannot provide the insurance endorsements as
required. Previously, when an applicant was unable to meet the City's insurance requirements,
the City would monitor their policy on a monthly basis, charging $25 per month for the service.
The proposed amendment will require that the insurance be monitored periodically, at a rate of
$25 per occurrence.
The City is also clarifying who will be required to submit an application for outdoor seating.
This amendment can be found in Section 20-3.3(E)(1) of the LDC. Currently, all restaurants in
the City, were required to file an application that included proof of insurance, regardless of
whether they were going to place seating on private or public property. This included
restaurants that were completely contained within a structure, such as the Shops at Sunset
Place. The proposed amendment now requires that a permit application for outdoor seating
will only be required for those restaurants that wish to place seating on a public right-of-way or
on private property that is contiguous with a public right-of-way. In addition to this change,
new definitions are being proposed that include what is considered to be contiguous with the
public right-of-way.
Finally, the proposed amendment will revise other miscellaneous items in the LDC, such as
when payment is due, and the correct various typographical errors.
PLANNING BOARD ACTION:
After the public hearing held on the item at the Planning Board's July 21, 2016 meeting, the
Board recommended approval of PB-16-006 (which is substantially the attached proposed
ordinance) with a vote of 6-0.
RECOMMENDATION:
It is recommended that the City Commission approve the proposed amendment to the Land
Development Code.
Attachments:
• Draft Ordinance
• Draft Planning Board Meeting Minutes Excerpt, dated July 21, 2016
JKT
C:\ Users\mmen end e\AppData \Loca I\M icrosoft\ Windows\ Te m porary Internet Files\Content.Outlook\ TZ48RTT2\PB-16-006 _Outdoor Seating
Text Amendment Memo 081116.docx
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Ordinance No. ----
[Highlighted text reflects proposed amendments to
version a~proved at 1st reading]
5 An Ordinance amending the City's Land Development Code, Article III, "Zoning
6 Regulations," Section 20-3.3, Permitted use schedule," Subsection (E), "Outdoor
7 SeatinglDining for All commercial Properties, except for Properties in the RO
8 Residential Office Zoning District," to amend the insurance requirements, and
9 other applicable rules, applicable to outdoor seating of restaurants within the
10 City.
11 WHEREAS, the City of South Miami ("City") has imposed certain requirements on
12 Sidewalk Cafes, for outdoor seating in the City's public rights-of-way, in the interest of the
13 public health, safety and welfare; and
14 WHEREAS, the outdoor seating regulations have included certain insurance
15 requirements; and
16 WHEREAS, it has become apparent that the insurance requirements in the City's Land
17 Development Code for outdoor seating in the public right-of-way have become a hardship to
18 businesses seeking to provide such service; and
19 WHEREAS, the City is protected by its own insurance coverage, and the business's
20 insurance policy is primarily to protect patrons, citizens, visitors and passers-by in the event of
21 injury; and
22 WHEREAS, the Administration has recommended, and the City Commission concurs,
23 that the insurance requirements can be amended to relieve the burden of providing such
24 insurance while still providing the protections sought; and
25 WHEREAS , while reviewing the ordinance it became apparent that other regulations
26 applicable to outdoor cafes both in the public right of way, and adjacent thereto, needed updating
27 to protect the public health, safety and welfare; and
28 WHEREAS, the Planning Board has reviewed this ordinance and recommends that it be
29 adopted by a vote of to . after first reading and it has recommended its approval by a
30 unanimous vote of six to zero.
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
33 Section 1. City's Land Development Code, Article III, "Zoning Regulations," Section
34 20-3.3, Permitted use schedule," Subsection (E), "Outdoor Seating/Dining for All commercial
35 Properties, except for Properties in the RO Residential Office Zoning District", City of South
36 Miami, Florida, is hereby amended and shall read as follows:
37 20-3.3 -Permitted use schedule.
38 * * *
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(E) Outdoor SeatinglDining for All eCommercial Properties , except for Prop erties in the RO
Residential Office Zoning District.
(1) An permit application for outdoor seating and dining or a sidewalk cafe, on
private public property or on public rights-of-way or on private property
contiguous with a public right-of-way, must be filed with the Planning and
Zoning Department and approved by the City Manager prior to such use. The
application shall include a layout (site plan) of the location of all tables , chai rs
(including number and type of chairs), benches , and other furniture; pedestrian
ingress and egress; location of refuse containers ; location of approved outdoor
speakers; and other elements necessary to illustrate the proposed outdoor
seating/dining use and area (all drawings must be titled , indicate orientation, and
be at an acceptable scale). If applicable , the site plan must clearly indicate which
seats and tables are on private property and which are on the public right-of-way.
The City Manager shall require that an amended site plan be submitted in order to
addre ss specific problems.
The following words , terms and phrases , when used in this code , shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meanmg :
Applicant means the person or entity that applies for a permit.
City means the City of South Miami or the City Manager depending on the
context in which the word is used or unless stated otherwise in this ordinance section.
City Manager means the eCity mManager or the eCity mManager's designee.
Code compliance officer means the code compliance officers, or any other
authorized agent or employee of the eCity who se duty it is to assure compliance with the
City's Land Development Code or the City 's Crode of Ordinances.
Contiguou s with a public right-or-way for the purposes of this section shall mean
outdoor locations that abut the public right-of-way and are not completely separated from
such right-of-way by any permanent structures or walls.
Menu board means a board allowing for the posting of a restaurant's menu and
fabricated in such a manner so as not to constitute a form 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 are sold, served and/or consumed or where they are
intended to be sold, served and/or consumed and includes sidewalk cafes .
Outdoor, for the purposes of this sSection only, shall mean an area outside of a
permanent structure that mayor may not be permanently covered with a roof.
Permanent Structure, for the purposes of this section only, shall mean a structure
that has four walls and a roof and that might or might not have an opening to the outdoor
seating and dining areas.
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Permittee means the recipient of an Outdoor Seating/Dining Permit under the
terms and provisions of this section division for purposes of this section only. ef-.the
City 's Land Development Code ("LDC").
Permit Year means the eCity's fiscal year that commences on October 1 st and that
ends on September 30th of the following calendar year.
Restaurant for purposes of this section only, means a food service establishment
that is maintained and operated as a place where food and /or beverages are prepared
and/or served and sold for consumption within the premises , or a business establishment
which has , as an ancillary or secondary use , a part thereof where food and/or beverages
are prepared and /or served and sold for consumption within the premises.
Right-ofway, or public right-of way , selely for the purposes of this section only
of the Land Development Code, means land in which a governmental body owns the fee
title or has an easement devoted to or required for use as a transportation facilit y
including sidewalks and streets.
Sandwich board sign shall have the same definition as set forth in section 20 -
4.3(B) under the name "Sign , portable outdoor dining."
Seating means any type of chair or other furniture provided for or used by
potential customers in the act for the intended purpose of sitting while consuming
beverages or food.
Sidewalk means that portion of the right-of-way which is intended for use by
pedestrians . and is located between the curb line or the lateral line of a street and the
adjacent property line.
Sidewalk cafe ("Ceafe:) means an outdoor seating and dining use located on a
right-of-way or wRiGR on private property which is contiguous with affilts a public right-
of-way and which is associated with a restaurant and is primarily characterized by tables
and chairs; may be shaded by awnings, canopies or umbrellas ; and may include such
other sidewalk caf~ furniture (as hereinafter defined) as permitted and/or approved
pursuant to this section.
Sidewalk cafe furniture means those nonpermanent fixtures , furnishings and
equipment associated with the operation of a sidewalk cafe and approved pursuant to this
section including, tables , chairs , seating, umbrellas , planters, heaters , fans , rolling service
stations , service carts , bussing stations , and menus and/or specials boards.
Sign shall have the same meaning as provided for in 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.
(2)
Tabl e means any furniture which is used for the placement of food or beverages.
A permit for a ~8idewalk cafe or QQutdoor seating/dining areas and uses of the
public right-of-way and/or any private property contiguous with abutting a public
right-of-way (hereinafter referred to as an "outdoor seating/dining permit") may
be approved , denied , or approved with conditions, modifications , safeguards , or
stipulations appropriately and reasonably related to the intent, purposes,
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(3)
(4)
standards , and requirements of the related regulations by the City Manager. Such
outdoor seating/dining permit shall not be transferable in any manner and is
strictly a conditional use permit, issued for a period of one year, 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 fee set forth below.
The fee for an outdoor seating/dining permit gidevfalk cates shall be charged
annually, and paid at the same time as the applicant/permittee pays its business
tax receipt, for each outdoor seat located on public rights-of-way or on any private
property contiguous with abutting a public right-of-way and/or any stand:alone
table top with no seating which is provided in conjunction with the sale of, or
intended to be used for, or in the course of, the consumption of beverages or food .
If the applicant has an existing restaurant, the initial fee shall be prorated based OIl!
the time remaining before the applicant's business tax receipt expires. The permit
fees to be charged shall be set forth in the City's Schedule of Fees and Fines. The
permit fee shall be added to the annual occupational license fee business tax
receipt and the payment of all outstanding violation fees for the main business. No
outdoor seating/dining gidewalk cafe permit shall be issued while the applicant
applicant/permittee is delinquent in the payment of any money owed to the City.
The applicant/permittee shall provide the City with a policy and/or certificate of
insurance and an indemnification agreement that is acceptable to the City
Manager and that provides for indellhIification and compliance with the City's
insurance and indemnification requirements~ including the following :
(a) Commercial general liability insurance in the amount of $1 ,000 ,000.00 per
occurrence for bodily injury and property damage. The cCity must be
named as an additional insured on this policy , and an endorsement must be
issued as part of the policy reflecting compliance with this requirement
and it must provide coverage that is substantially the same as that provided
by ISO Form CG 20 26 04 13 or CG 201204 13.
(b)
(c)
For sidewalk cafes and other outdoor seating/dining areas that wffich serve
alcoholic beverages , liquor liability insurance in the amount of
$1 ,000,000.00 per occurrence for bodily injury and property damage. The
cCity must be named as an additional insured on this policy, and an
endorsement must be issued as part of the policy reflecting compliance
with this requirement.
Workers' compensation and employers' liability as required by the State.
All policies must be issued by companies authorized to do business in the state
Florida and rated B=k-¥I A-VIII or better per Best's Key Rating Guide , latest
edition~ who are not surplus lines carriers and who are covered by the Florida
Insurance Guaranty Association. The City Manager may increase these insurance
requirements provided such requirements are applied to all parties similarly
situated.
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(5)
(6)
Proof of insurance shall be provided to the cCity as a requirement of the permit. If
such proof is a nonbinding certificate, the applicant/permittee's insurance agent
and or carrier shall annually advise the City in writing, on iH a form acceptable to
the City Manager under penalty of perjury, of the insurance coverage being
provided, the term ofthe coverage execute annually, an affidavit with the city and
verifying that the applicant on behalf of the cafe outdoor seating/dining area and
the City are covered by has the required insurance. Such affidavit/declaration
shall include the policy number, company name and company contact information
and the form numbers of the policy and all of the endorsements to the policy. City
officials administrative staff shall contact the permittee's applicant's insurance
company monthly periodically to verify the existence and continuance of such
insurance; however, this in no way relieves the insurance agent of the agent's dut)'}
to provide truthful information to the City. Unless the owner or operator of the
outdoor seating/dining area cafe provides the City with a binding certificate of
insurance and an endorsement to provide the City with at least 10 days advanced
notice of intent to cancel the policy, the owner or operator cafe shall pay the City
a monthly fee of $25.00 each time the City contacts the insurance company, to
cover the cost to verify existence of coverage. Failure to comply with these
requirements shall be deemed to be 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 and the assessment of a daily fee-fine as set
forth in the City'S Schedule of Fees and Fines until the permit is revoked or the
requirements are met. Applications for permits shall include an indemnification 0 ]
the City for any and all liability associated with the permittee's operation of the
sidewalk cafe/outdoor seating and dining area.
An £idewalk care outdoor seating/dining permit may be revoked by the City
Manager upon finding that one or more conditions of these regulations have been
violated, or that the ~Sidewalk cafe/outdoor seating and dining and-area is being
operated in a manner which that is inconsistent with the approved site plan or
constitutes a public nuisance , or in any way constitutes a reasonable risk of injury
to persons or damage to property or potential liability to the City. A decision by
the City Manager to revoke or suspend a permit for failure to comply with the one
or more conditions or regulations may be appealed by the mvner or operator
permittee to the City Commission. An appeal must be filed with the City Clerk
within thirty (30) days of receipt of written notice of the City Manager's decision.
An appeal of the City Manager's decision does not stay the implementation of the
City Manager's decision. The City Commission shall hear and enter a decision en
any appeal taken within sixty (60) days from the date the appeal is filed. The City
Manager's decision shall be in writing and indicate the grounds for his action and
the what provisions of the City'S code of ordinances that have been violated~
any, and/or what public nuisance or risk predicated the decision of the City
Manager.
An £ide'tValk cafe outdoor seating/dining permit may be temporarily suspended by
the cCity mManager for public use/purpose, utility, sidewalk or road repairs ,
emergency situations , or violations of provisions contained herein. The length of
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(7)
(8)
(9)
suspension shall be determined by the eCity mManager as necessary. Removal of
all street furniture and related obstructions shall be the responsibility of the
permittee as well as the owner/operator of the outdoor seating/dining area.
An Sidev/alk care outdoor seating/dining permit may be temporarily expanded by
the City Manager upon receipt of a written request including a site plan during
special events.
An Sidewalk care outdoor se ating/dining permit area shall be kept in a neat and
orderly appearance and shall be kept free from refuse and debris. The applicant
permittee shall be responsible for daily cleaning and sweeping of the §8idewalk
cafe area and for the cleanliness and maintenance of any outdoor planters
immediately adjacent to the outdoor seating/dining area. Cleaning shall include
twice-monthly pressure cleaning or other appropriate cleaning methods, as
determined by the City. Use of cCity sidewalks for trash and garbage removal
shall be prohibited .
A §8idewalk cafe shall not interfere with the free and unobstructed pedestrian or
vehicular circulation of traffic , public access to any street intersections ,
crosswalks, public seating areas and conveniences , bus stops , alleys , service
casements , handicap facilities , or access to any other public , residential or
commercial establishments . The width and location of the sidewalk pedestrian
passage through the §8idewalk cafe shall be as follows:
(a)
(b)
(c)
If there is seating on one side of the sidewalk, a minimum of five (5) feet
of sidewalk must remain unobstructed by outdoor seating furniture and the
maneuvering of chairs , and clear for pedestrian passage ;
If there is seating on two (2) sides of the sidewalk~ a minimum of five (5)
feet of sidewalk between the two (2) seating areas must remain
unobstructed by outdoor seating furniture and the maneuvering of chairs ,
and clear for pedestrian passage;
All outdoor furniture~ including but not limited to tables, chairs and
umbrellas (excluding outdoor planters)~ shall be located a minimum of
eighteen (18) inches from the curb.
(10) A §8idewalk cafe on the public rights-of-way shall be open and unenclosed. No
building structures of any kind shall be allowed in and over any portion of the
outdoor seating/dining area located on public property , except by prior express
written authority of the City Manager.
(11) Tables, chairs and all other furniture used in the operation of an outdoor
seating/dining area on the public rights-of-way shall not be anchored or restrained
in any manner. Individual table umbrellas , planters , or other such non-stationary
elements may be permitted within the outdoor seating/dining area and~ where
applicable , shall have a minimum clearance height of seven (7) feet above the
sidewalk.
(12) A §8idewalk cafe must apply for and receive advanced written specific approval
to provide amplified sound of any kind in the outdoor seating area. In the event
the City Manager determines that the amplified sound constitutes a public
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nuisance~ the City Manager shall impose additional conditions; in the event of a
second offense~ the City Manager shall revoke the approval authorizing the use of
amplified sound. Sound must be kept at a low volume so as to not disturb
neighboring businesses, residences, or to be audible in neighboring residential
districts. Plans for amplified sound must be submitted with the site plan. Each
establishment must sign an agreement in order to have amplified music.
(13) A ~8idewalk cafe on public rights-of-way shall be restricted to the length of the
sidewalk or public right-of-way immediately fronting the ~8idewalk cafe unless
expressly authorized in writing by the City Manager. The utilization of space
extending beyond the subject property frontage onto the immediately adjacent
property may be authorized by the City Manager with the express written
approval of the adjacent storefront, owner; however, the seats and chairs in this
location may not block the adjacent storefront windows. This expansion is subject
to annual written consent provided by the property owners in front of whose
properties the outdoor seating/dining service would occur. The annual written
consent form shall be provided to the City and shall include an insurance policy
naming the City as an additional insured and a hold harmless clause in favor of
the City.
(14) A ~8idewalk cafe shall be at the same elevation as the adjoining sidewalk or
public right-of-way unless expressly authorized in writing by the City Manager.
(15) Carts and trays for serving food are permitted in the outdoor seating/dining area
but must comply with the provisions of Subsection 9( a) and (b).
(16) The maximum number of outdoor seats shall not exceed eighty (80) percent of the
number of indoor seating, except for restaurants with indoor seating of twenty-
five (25) seats or less which may have outdoor seats not to exceed one hundred
(100) percent of the number of indoor seats.
(17) During the operating hours all outdoor furniture must be securely placed as shown
on the approved site plan or as may be ordered by the City Manager in writing.
After operating hours, outdoor furniture must be neatly stacked to a 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, lessee or restaurant shall allow outdoor seating/dining
on a public right-of-way or any 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 or in violation of the site plan, shall constitute a
separate incident of violation and shall result in a fine for each day of continued
violation. The continuing operation of a sidewalk cafe or any outdoor
seating/dining activity without a permit as required by this ordinance after the
receipt of a violation notice from the City Manager may also result in the
revocation of the restaurant occupational license business tax receipt pursuant to
Section 13-16 of the City Code.
(19) Any violation of the regulations and standards set forth in this section shall
constitute a separate incident of violation and shall result in a fine for each day of
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continued violation in an amount set forth in the City's sSchedule of !Fees and
Fines. A subsequent violation of any of the regulations and standards set forth in
this ordinance section shall result in a doubling of the fine for each day of such
continued violation, up to the maximum fine allowed by laWi or as set forth in the
City's sSchedule of !Fees and Fines, whichever is greater. The continuing
operation of an activity governed by this ordinance section without a permit or
with a suspended permit or after the receipt of a violation notice from the City
Manager and the failure to timely cure the violation, may result in the revocation
of the occupa-tionallicense business tax receipt of the person or entity responsible ,
pursuant to Section 13-16 of the City Code.
(20) The City shall issue 24-hour warning notices for all non-life safety violations of
this ordinance section which must be corrected with 24 hours of receipt of such
notice.
(21) No warning notices shall be required prior to the issuance ofa violation for failure
to have a permit or for life safety violations and/or life safety-;-or §Sidewalk cafe
site plan violations and such violations shall be corrected immediately. Life safety
violations are defined as those conditions which , in the reasonable determination
and judgment of the eCity rnManager, involve serious danger and/or risk to the
public health, safety or welfare (including , without limitation, blocking pedestrian
pathways and violations of the state accessibility code for 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 to this code) such as where
§Sidewalk cafe furniture is found outside the approved boundaries of the outdoor
seating/dining use site plan; but shall not be deemed to include instances where a
chair or chairs are temporarily moved outside the approved boundaries of site plan
by a sidewalk cafe patron(s) unless it remains in such unauthorized location for
more than 15 minutes.
(22) If eCity personnel finds a violation of this ordinance after a 24-hour warning
notice of such violation has been previously issued , then a notice of violation shall
be issued to the violator. No such warning notice is required for the failure to have
a valid permit or for life safety violations of this section and for life safety
outdoor seating/dining site plan violations , and a violation may be issued at any
time.
(23) The City Manager or his/her designee may order all furniture, including by but
not limited to, seats, tables, and planters to be removed in the event of a pending
storm, hurricane , or other declared emergency.
(24) Tables, chairs and other furniture on the sidewalk may be removed by the eCity,
and a reasonable fee charged for labor, transportation , and storage as well as a
fine which shall be initially set at $250 and which shall be levied against the
person or entity who owns and/or controls such furniture~ should the responsible
person or entity fail to remove said items within thirty-six (36) hours of receipt of
the eCity's notice to do so for any reason under this section. In the event of a
pending storm , hurricane or other declared emergency~ the City Manager may
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reduce the thirty-six (36) hour time frame. The eCity mManager shall promulgate
and review, as needed, regulations regarding the storage and disposition of
sidewalk cafe furniture under this section.
4 * * *
5 Section 2. Codification. The provisions of this ordinance shall become and be made
6 part of the Land Development Code of the City of South Miami as amended.
7 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
8 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
9 shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted
10 hereunder.
11 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
12 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
13 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of ,2016.
ATTEST: APPROVED:
CITY CLERK
1 st Reading
2nd Reading
READ AND APPROVED AS TO
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
Page 9
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Thursday, July 21,2016
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section SA-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, recommendation of someone with the city, including the
city manager, city attorney, department heads, city personnel, or members of the city commission or members oj
any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There
are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a
principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings,
representatives of a neighborhood association without compensation and representatives of a not-far-profit
community based organization for the purpose of requesting a grant who seek to influence without special
compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city's website (www.southmiamifl.gov).
I. Call to Order
Action: Mr. Greiner called the meeting to order at 7:06 P.M.
II. Roll Call
Board Members Present Constituting a Quorum: Mr. Greiner (Chairman), Ms. Fischer (Vice-
Chairwoman), Dr. Philips, Ms. Glavey, Mr. Basu, and Ms. Kahn.
Board Members Absent: Mr. Melow.
City Staff Present: Mrs. Jane Tompkins (Planning Director), Mr. Marcus Lightfoot (Senior
Planner/Zoning Administrator), and Mr. Gary M. Held (Land Use Attorney).
City Staff Absent: None
City Attorney: Mr. Thomas Pepe
III. Administrative Matters
None at this Time.
IV. Public Hearings
1
1. PB-16-006
Applicant: City of South Miami
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 for All 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.
Ms. Kahn read the item into the record.
Mr. Held presented PB-16-006 to the Board.
Mr. Pepe further explained the proposed amendments to the Board.
Mr. Greiner asked ifthe per seat fee was changing, of which Mr. Held stated no.
Ms. Glavey stated that currently restaurants within the Shops at Sunset Place with no exposure
to the public ROW are currently required to meet the same requirements as other restaurants
that are adjacent to the ROW. Mr. Pepe stated that this was the reason why an amendment was
made to address properties of this nature. He also explained that changes were made to assist
restaurants that were adjacent to the ROW.
Mr. Basu asked if the City would still need to be additionally insured since they have their own
insurance. Mr. Pepe explained the issues that the City was having with the insurance
requirements for restaurants. Mr. Held added that there still will be indemnification and the City
will still be listed as Additional Insured on the restaurant's policy.
Mr. Basu asked if there were a claim against the insurance policy, would the City be the first to
pay. Mr. Pepe stated no. The restaurant's insurance policy would be first. Mr. Pepe then gave an
explanation of some of the different forms available to insurance agencies.
Mr. Pepe explained that there is an amendment to allow policies from a surplus lines carrier.
Dr. Philips stated that she doesn't see how the changes made in the proposed ordinance make
the process any easier. Mr. Held stated that the process is made easier by allowing policies from
Surplus Lines Carriers.
Mr. Greiner stated that the proposed amendment is similar to the insurance requirements used
by other municipalities.
Mr. Basu stated that if the City wants to make things easier for businesses, items like shared
parking shouldn't have been removed.
Dr. Philips asked a question regarding subparagraph 12. She asked what was meant by advanced
written approval to provide amplified sound. Mr. Pepe responded the City Manager must
approve an applicant's request to have amplified sound prior to it commencing.
Dr. Philips asked a question regarding subparagraph 11. She asked if the planter would have a
clearance of seven (7) feet above the sidewalk. Mr. Pepe stated that the language would be fine.
2
Mr. Lightfoot added that the seven (7) foot clearance is typically used for umbrellas. Mr. Pepe
added that a hanging planter could have a clearance of seven (7) feet.
Ms. Glavey asked if the Board was only moving to approve the changes listed in the ordinance,
of which Mr. Pepe stated yes.
The Chairperson opened the floor to public comments on PB-16-006 .
• None at this Time
The Chairperson closed the floor to public comments on P8-16-006.
Ms. Fischer asked if there would be any negative consequences or repercussions, of which Mr.
Held stated no.
Motion: Ms. Fischer moved to approve PB-16-006. Ms. Glavey seconded the motion.
Vote: Yes 6, No 0 (None)
Mr. Basu: Yes
Ms. Glavey: Yes
Mr. Greiner: Yes
Ms. Fischer: Yes
Ms. Kahn: Yes
Dr. Philips: Yes
3
MiAMI DAILY BUSINESS REyiEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
OCTELMA V. FERBEYRE, who on oath says that he or she is
the VICE PRESIDENT, Legal Notices of the Miami Daily
Business Review flk/a Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter cif
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI -AUGUST 16, 2016
in the XXXX Court,
was published in said newspaper in the issues of
08/05/2016
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, In said
Miami-Dade County, Flonda and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami In said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the urpose of securing this advertisement for
Sworn to and subscribed before me thiS
(SEAL)
OCTELMA V. FERBEYRE personally known to me
RHONDA MPEl TiER
MY COMMISSION 1; FF231407
EXPIRES May 17 2019
.. '. cntVO~·$oij"HoMuAMl .. ' ..
INOTaC.;C)FPlJB"HeHiEARIN~. -. ~., .
NOTICE .ISHERE~Ygiven. that th~ CityC6ri)misslonoflheCity of South
Miami, Flo~da will Conduct PUQliCHearing(s) at its regtJlarCityGommission
meetingschedul~ f6rTt.i~day;~ugustJo;2016,.Qegibningat 7:00 P,IJl"
in the City Cgmni)ssiqn ChairitierS, 6130.SunsstDnveito .consider the
following item(s):; -. . . . . . '.
A 'l3esoluti6n:~pp;OVing,a~peCi~ .~seappr6val .• to ,.periTiit'a.general I
restaurllnlat6620SWS7 Avenue_
. A~eSOIU1:iOlJap~r~VingaSPl)GiaJ us~ap.p~oval tope~if agenetal
.' restaurantat71()O$W5LC~\Jrt,:-:, ',',' ....... >-. ' .. ' . "
(
. An Ordinance amencjingtheCity ·.of ;Soljth'o Miami's Land' Devl3l.opment )
.... COde; Articlel!I;~?cmiiigRllgullitions,;" ~ction 2q~3,3,PermftteO use
'. '. '.~~~~. ~~,.;i~:. ec.Ptot~~ ..... i.:~.~.o.·.;~e.~~o .•.... ~.r.~t .. a~n.t.· .... '~ .•. ~~~~e.·.~.~~IAl6i.i~.m ... ~.~~;~~.
District," to amend the insurance requirements; .andpther applicable
tules,apJilicable tooutdoci(seating,ofrest8urahtswithintlie City:·· .•. , .' .
"".--. __ • ',':'_'''' __ '_c" ;",' :.: .. "; .• , " .. -. '. ,
. ' .• Ai:Lint~e~ted:pa~ie~are. invited t()'atte~rJ' a;;dWUl~ heard.
For further' infon.natjor\;piea~e :~ni~tt the ci~-~lerk'S Office' at:
~05-663c6340: " .. ' .' : ,';'
.. ·0.· 'MI!ii~M;M~er\Q,ez;CM6 , •.
. '. 'CitYCljjrI{;~~;
. Pursuantto Florida Stattit~286,O~05, the9ify'herebyadvi~esthe PUbli~.
that if·a pe~ndecidest() appeillanydecisiori made by this Board, Agency
pr Commi~ioii \Vithrespegtt0I!l1Y-inattj3i:; co.~sidE!red at its. meeting .or
hearing; he b(she wjllnee(j arecord of.tl)epro:ceedings; and'th.atJprsuc::h
j:llirPose,affec;ted person'ri:iayneed t()ensurethata yemafimlecciri:lof the
proceedings is . mMe whichret(Jr(! ini;[i.li;tes 'the testimony ,and. eviderice
: uponwhichthe appeal is·to be based, ...... ". .
8/5, 16"83/0000140207M