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Res. No. 003-97-9974RESOLUTION NO.3-97-9974 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE AMENDMENT OF THE LAND DEVELOPMENT CODE REGARDING OUTDOOR SEATING, BY INSTRUCTING ADMINISTRATION TO PREPARE A DRAFT ORDINANCE TO PERMIT OUTDOOR CAFES ON PUBLIC AND PRIVATE PROPERTY FOR ALL BUSINESS DISTRICTS IN THE CITY WITH THE EXCEPTION OF THE wRO"RESIDENTIAL OFFICE ZONING DISTRICT;AND,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on October 19,1993,the City Commission voted to adoptOrdinance No.19-93-1545,theHometownDistrictOverlay Ordinance,which created pre-approved outdoor dining locations on bothpublicandprivate property,inorderto provide forthe creation of sidewalk and other outdoor cafe operations;and, WHEREAS,on July 18,1995,the City Commission voted to adopt Ordinance No.9-95-1582 whichcreatedSection20-7.9ofthe Hometown District Overlay Ordinance to provide fora method to permit and regulate outdoor seating/dining usesand areas;and, WHEREAS,onlythreelocationswithinthe Hometown District are approved to operate outdoor seating/dining operations and suchuseisnot permitted anywhereelseintheCity;and, WHEREAS,entrepreneurs and property owners inthe Hometown District and in other commercial areas of the City have from time totimeexpressedadesiretooperatesidewalkcafesandother outdoor seating/dining establishmentsonthe premises oftheir commercialpropertieswhicharenotpartofthethreelocations currently permitted undertheHometownDistrict;and, WHEREAS,the City Commission desires to create,promote and encourageanenvironmentwhichoffersequal opportunities forall commercial business owners and property owners within the City. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.The City Administration is hereby instructed to preparea draft ordinance toamendtheLand Development Codein ordertopermit sidewalk cafes andotheroutdoor seating/dining uses within all commercial zoning districts with the exception of the wRO"Residential Office zoning district which does not permit any kind of eating establishment. Caf§Instructions Resolution:January 7,1996 1 Res.No.3-97-9974 (page 2) Section 2.This resolution shall take effect immediately upon approval. PASSEDANDADOPTEDthis 7th dayof January,1997. ATTEST:APPROVED: A*6l*ZZ&Q>-^J^Ze^fe-CVcuc^+L) CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY VICE-MAYOR COMMISSION VOTE: Mayor Cunningham. Vice Mayor Ro bal n^^-ci*-f§^ Commi ssi oner Commi ssi oner Commi ssi oner Price: Bethel Young: Cafe Instructions Resolution:January 7,1996 4-0 M,dEresent Yea Yea Yea CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:MayorandCityCommission Date:December27,1996 ^^^d^4^^/^TZ^^^Agenda Item #VFrom:l£*Dennis WMUl tffrrt Re:Comm.Mtg.01/07/97 City Manager CafeInstructionsResolution REQUEST: A RESOLUTION OFTHE MAYOR ANDCITY COMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA, RELATING TOTHE AMENDMENT OFTHELAND DEVELOPMENT CODE REGARDINGOUTDOOR SEATING,BY INSTRUCTING ADMINISTRATION TO PREPARE ADRAFT ORDINANCE TOPERMITOUTDOOR CAFfiS ON PUBLIC AND PRIVATE PROPERTY FOR ALL BUSINESS DISTRICTS IN THE CITY WITH THE EXCEPTION OF THE "RO"RESIDENTIAL OFFICE ZONINGDISTRICT;AND,PROVIDING FORAN EFFECTIVE DATE. BACKGROUND &ANALYSIS: Pursuanttotheadoption of the Hometown PlanandtheHometownDistrictOverlayOrdinance which implements the Hometown Plan,theCityhas permitted sidewalkcafesandotherkindsof outdoorseating/diningusesand areas.The success of thenewoutdoordining establishments on DornAvenuehas elicited theinterest of otherbusinessownersand property owners,both within theHometown District andinothercommercialareasintheCity,torequest outdoor dininguses. Currently,outdoordiningisonlypermittedatthreelocationswithintheHometownDistrict. Theproposedresolutioninstructsstafftoprepareadraftordinancewhichwouldpermitsidewalk cafesandotheroutdoorseating/diningusesandareasinall of thecommercialzoningdistricts withintheCitywiththeexception of the "RO"Residential Officezoningdistrict.Sidewalkcafe usesandrestaurantestablishmentsarenotappropriatefortheResidentialOfficezoningdistrict. RECOMMENDATION:Approval. City Manager's Report:Caf6 InstructionsResolution