Res. No. 250-97-10250RESOLUTION NO.250-97-10250
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE APPROVAL
OF A SIMILAR USE,PURSUANT TO SECTION 20-3.3 (C)(5)OF
THE LAND DEVELOPMENT CODE,ACCEPTING THE CITY MANAGER'S
RECOMMENDATION THAT THE "SMOOTHIE"USE BE CLASSIFIED AS
A USE THAT IS SIMILAR TO THE PERMITTED USE "TEA ROOM;"
AND,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Section 20-3.3 (C)(5)of the Code states that:
(5)New or unlisted uses of similar nature.
(a)The director of ...Planning &Zoning ...shall consider
the nature of the proposed use,its compatibility with
other uses permitted in the various districts and
determine the zoning district or districts within which
the use should be permitted,if any.
(b)The City Manager shall transmit the findings and
recommendations of the Director of ...Planning &Zoning
...for the classification proposed for any new or
unlisted use to the City Commission for review at its
next regularly scheduled meeting.
(c)The City Commission shall approve the recommendations
of the Director or make such determination concerning
the classification of the new or unlisted use as it
determines appropriate.
WHEREAS,no specific provision is presently made in the
adopted Land Development Code for the use "Smoothie;"and,
WHEREAS,Section 20-3.3 (D)of the Land Development Code
provides for "Tea Room"asa permitted use under Retail and
Wholesale Trade in the Permitted Use Schedule;and,
WHEREAS,the Director has received a letter and forwarded a
report to the City Manager which recommends that "Smoothie"be
classified as a "Tea Room"for the sole purpose of permitting the
location in the appropriate zoning district;and,
"Smoothie"Similar Use Resolution:December 2,1997
Page 2of Res.#250-97-10250
WHEREAS,the City Manager has concurred that "Smoothie"is
an appropriate use in the zoning district where "Tea Room"is
currently permitted and,thereby,recommends inclusion of the use
to the Mayor and City Commission of the City of South Miami.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The proposed "Smoothie"use is hereby classified
as a use which is similar to the permitted use,"Tea Room,"and
is,therefore,permitted in the "SR"Specialty Retail/Residential
zoning district where "Tea Room"is currently permitted.
Section 2.The City Manager shall have final approval and
authority over all matters regarding the determination of the
applicant's compliance with the intent of these sections.
Section 3.This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 2nd day of December,1997
ATTEST:
kM^tcd
CITY CLERK
READ AND APPROVED AS TO FORM:
J 6.fW/fA
CITY ATTORNEY
c:\...\ldc \Smoothie-use.doc
APPROVED
COMMISSION VOTE:5-0
Mayor Price:Yea
Vice-Mayor Robaina:Yea
Commissioner OliverosYea
Commissioner Young:Yea
Commissioner Bethel:Yea
'Smoothie"Similar Use Resolution:December 2,1997