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8Agenda Item No:8. City Commission Agenda Item Report Meeting Date: May 15, 2018 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) Subject: An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from noise generated from outdoor seating/dining by amending Section 20-3.3 (E) of the City of South Miami Land Development Code regarding outdoor dining. 3/5 (City Manager-Planning) Suggested Action: Attachments: Cover Memo NR Outdoor Dining Amendment second reading 051518.docx NR Outdoor Dining Text Amendment second reading.docx ads.pdf 97 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission VIA:Steven J. Alexander, City Manager FROM:Jane K. Tompkins, AICP, Planning Director Date:May 15, 2018 SUBJECT: An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from noise generated from outdoor seating/dining by amending Section 20-3.3 (E) of the City of South Miami Land Development Code regarding outdoor dining. BACKGROUND: Outdoor dining/seating is currently allowed on allcommercial properties except forthose zoned RO Residential Office and located outside of the Hometown District Overlay. During a recent discussion of the relevant section of the Land Development Code (LDC), Commissioner Welsh requested an ordinance prohibiting outdoor dining/seating in the NR Neighborhood Residential districtout of concern for its potential impacts on nearby residential neighbors.The City Commission approved the ordinance on first reading on May 1, 2018, with additional language that would allow outdoor dining/seating under certain circumstances. The attached draft includes the new language. ANALYSIS: The NR district’s purpose is to permit convenience commercial uses which provide for the everyday retail and personal service needs of nearby residential neighborhoods in a compatible and convenient manner. There are currently three (3) areas of NR zoning:along SW 62nd Avenue between SW 64th and 69th streets, the Winn Dixie property on SW 73rd Street, and the southwest corner of Red Road and SW 74th Street. The last two areas are in the Hometown District Overlay and abut other commercial properties or multi-family properties. The area along 62nd Avenue abuts single-family residences to the west. The proposed amendment will prohibit outdoor dining/seating in NR zoned properties outside of the Hometown District Overlayunless certain conditions are satisfied. While restaurants will still be allowed on these properties, outdoor dining/seating will not be permitted if those conditions are not satisfied, in order to protect residential neighbors from thenoise generated by such activity. 98 Neighborhood Residential –Outdoor Dining May 15, 2018 Page 2of 2 JKT C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4C076243\@BCL@4C076243.docx PLANNING BOARD RECOMMENDATION: Following a public hearing and discussion on the item on April 10, 2018, the Planning Board was deadlocked on its recommendation. Pursuant to Section 20-6.1(B)(4) of the Land Development Code, the recommendation is recorded as “No Comment”.Members seemed concerned that the ban was broader than necessary, and some properties could provide outdoor dining without negatively impacting residential neighbors. Possible amendments aimed at loosening the ban were discussed, such as allowing outdoor dining in areas that were not adjacent to residences, but consensus on the wording was not achieved. STAFF RECOMMENDATION: Staff recommends the City Commission adopt the proposed amendment. Attachments: Draft Ordinance Draft Planning Board meeting minute excerpt 99 ORDINANCE________________ An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from noise generated from outdoor seating/diningby amending Section 20- 3.3 (E) of the City of South Miami Land Development Code regarding outdoor dining. WHEREAS,the City of South Miami (the “City”)strives to maintain thequiet enjoyment of the residential areasthat are nearcommercial areas by regulating certain activities in the commercial zoning districts; and WHEREAS, the City’s Land Development Code(LDC) currentlypermits outdoor dining/seatingwithin all commercial properties, including properties in the Neighborhood Retail “NR”Zoning District; and WHEREAS,the City wishes to protect the comfort and well-being of its residents from noise generated by outdoor seating/diningby prohibiting outdoor seating/dining on properties that are within the Neighborhood Retail“NR”zoning district; and WHEREAS, City staff recommends modifying Section 20-3.3(E) of the Land Development Code to not permit outdoor dining/seating on all commercial propertieszoned Neighborhood Retail“NR”; and WHEREAS,on April 10, 2018, the Planning Board considered the Ordinance, and following a public hearing and discussion of the Ordinance was deadlocked on its recommendation with a vote of 3 to 3; and WHEREAS,the City Commission desires to accept the recommendation of the City staff. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20-3.3(E)of the City of South Miami Land Development Code is hereby amended to read as follows: 20-3.3 -Permitted use schedule. *** (E) Outdoor Seating/Dining. (1) Outdoor seating/dining shall be permitted for all commercial properties, except for those commercial propertiesthat arelocated outside of the Hometown District Overlay Zone (HD)and that are zoned RO Residential Office Zoning Districtorthat are zoned NR Neighborhood Residential Zoning District.Outdoor seating/dining uses in the NR Neighborhood Residential Zoning District will only be permitted if (1) the use is on a street that does not abuta single-family residential district; and (2) the use is acoustically well- 100 buffered from nearby residences, for instance, by being situated between the building and the street, and (3) the use has no outdoor speakers or outdoor amplified music. A permit application for outdoor seating and dining or a sidewalk café on 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 Managerprior to such use. The application shall include a layout (site plan) of the location of all tables, chairs (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 address specific problems. At least seven (7) days prior to the City's Manager’s decisionon an application for a property that is zoned RO Residential Office Zoning District and located within the Hometown District Overlay Zone (HD), the City shall post a sign on the subject propertywhich identifies the nature of the pending application and the means by which questions or comments on the application may be directed.The City Manager shallconsider any comments received by the public prior to issuing a decision on the application. *** Section 2.Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended. Section 3.Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 4.Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. Section 5.Effective Date.This ordinance shall become effective upon enactment. PASSED AND ENACTED this ____ day of _____________, 2018. ATTEST:APPROVED: ________________________________________________ CITY CLERK MAYOR 1st Reading 2nd Reading 101 READ AND APPROVED AS TO FORM:COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice MayorHarris: Commissioner Liebman: Commissioner Welsh: ________________________CommissionerGil: CITY ATTORNEY 102 22SE SUNDAY MAY62018NEIGHBORSMIAMIHERALD.COM Florida Highway Patrol traffic homicide investiga- tors have not yet conclud- ed their probe into aMarch 5crash in Islamorada that claimed the lives of four Spanish tourists on U.S.1. Charges are pending against Carlos Manso Blan- co,31,inthe crash in which FHP investigators say he hit the women's 2018 Nissan Rogue with his Isuzu truck as the car was attempting to make a left-hand turn in the north- bound lane at mile marker 80 on the northern end of Tea Table Bridge. Manso Blanco could not be reached for comment. Lt.Kathleen McKinney, FHP sub-district comman- der in the Keys,said traffic homicide investigators could take another 30 days before they complete their report,although McKinney said she doesn't anticipate it will take that long. "After they do,they will consult with the state at- torney's office before they file any charges,"McKin- ney said. Killed in the crash that afternoon were Margarita Cortés-Pardo,31,from Illes Balears,Spain;María Ló- pez-Bermejo Rosselló,31, from Mallorca,Spain;Te- resa Sánchez Quetglas,30, also from Mallorca;and Ana Gaitán Díaz,31,from Cordoba,Spain.The young women were vacationing in South Florida and the Keys. Cortés-Pardo was behind the wheel when the Isuzu rear-ended the Rogue, pushing it into the south- bound lane.The passenger side of the vehicle was placed directly in the path of a2016Allegro motor home driven by Daniel Pinkerton,62,of Alaska. The women were likely wearing seat belts,but troopers say the impact from the Allegro was so intense that nothing would have saved them.First responders worked the scene for most of the day under the impression that there were three bodies inside the Rogue.It wasn't until hours later when firefighters cut the vehicle open that the fourth victim was discovered. The two-mile stretch of highway —from mile marker 78 to 80 —isa frequent area for crashes because it is apopular recreation spot for fishing, swimming,picnicking and putting boats in the water. Monroe County Sheriff Rick Ramsay lobbied the Florida Department of Transportation to lower the speed limit there from 55 mph to 45 mph following the March 5crash. Earlier last week,FDOT turned down the request outright,but compromised after Ramsay protested the decision directly to Jim Wolfe,district secretary for South Florida and the Keys.By the end of May, the new speed limit will be 50 mph. FLORIDAKEYS Whythe driver in acrash that killed four Keys touristshas not been charge d BY DAVID GOODHUE dgoodhue@flkeysnews.comCITYOFSOUTHMIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami,Florida will conduct Public Hearing(s)at its regular City Commission meeting scheduled for Tuesday,May 15,2018,beginning at 7:00 p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider the following item(s): AResolution of the City of South Miami,Florida,placing a question on the August 28,2018,primary election ballot seeking voter approval of an amendment to the City’s Charter,Article II, Section 6D,reducing voting requirements needed to make land use and development regulations less restrictive in certain areas of the City. An Ordinance amending the City of South Miami Land Development Code,Chapter 20,Article IV,Section 20-4.5.1 G to provide for voluntary off-site tree mitigation. An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from noise generated from outdoor seating/ dining by amending Section 20-3.3 (E)of the City of South Miami Land Development Code regarding outdoor dining. ALL interested parties are invited to attend and will be heard. For further information,please contact the City Clerk’s Office at: 305-663-6340. Maria M.Menendez,CMC City Clerk Pursuant to Florida Statutes 286.0105,the City hereby advises the public that if aperson decides to appeal any decision made by this Board,Agency or Commission with respect to any matter considered at its meeting or hearing,he or she will need arecord of the proceedings, and that for such purpose,affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 103 MIAMI DAILY BUSINESS REVIEW 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 KESHA BASSUE.whoon oath says that heor she is the LEGALCLERK,Legal Notices oftheMiamiDaily Business Review f/k/aMiami Review,adaily (except Saturday, Sunday andLegalHolidays)newspaper,published atMiami in Miami-Dade County,Florida;thatthe attached copyof advertisement,being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-MAY15,201E in the XXXX Court. was published in said newspaper inthe issues of 05/04/2018 Affiant further says that the said MiamiDaily Business Review isa newspaper published atMiami,in said Miami-Dad e County,Floridaandthatthe said newspaper has heretofore been continuously published insaid Miami-Dade County,Florida each day (except Saturday,Sunday and Legal Holidays)and has been entered as second class mail matter atthepostoffice in Miamiinsaid Miami-Dade County, Florida,foraperiodofone year next preceding thefirst publication ofthe attached copy of advertisement;and affiant further says thatheor she has neither paidnor promised any person,firm or corporation any discount,rebate,commission or refund forthe purpose of securing this advertisement for publication in the said newspaper (SEAL) KESHA BASSUE personally knowntome {4»"-%,BARBARATHOMAS i'f'&Vi Commission #GG121171 R is expires November 2,2021 I ended Thru Troy Fain Insurance 800-385-70191 ------••'-• ©ow ©if ©©im™mmm MOTTD©!©IF tPPLMJ©KM/MM NOTICE ISHEREBY given thattheCity Commission oftheCityofSouth Miami, Florida will conduct PublicHearing(s)atitsregularCityCommissionmeeting scheduled for Tuesday,May15,2018,beginningat7:00p.m.,intheCity Commission Chambers,6130 Sunset Drive,toconsiderthefollowing item(s): A Resolution oftheCityof South Miami,Florida,placing a question ontheAugust28,2018,primary election ballot seekingvoterapprovalof an amendment totheCity's Charter,Article II,Section 6D,reducing voting requirements neededtomakelanduseand development regulationslessrestrictivein certain areasofthe City. An Ordinance amending theCityofSouthMiamiLand Development Code,Chapter20,Article IV,Section 20-4.5.1 6toprovideforvoluntary off-site tree mitigation. An Ordinance to protect the residential neighborhoods that abut the NRzoneddistrictsfromnoise generated from outdoor seating/dining by amending Section20-3.3(E)oftheCityof South MiamiLand Development Code regarding outdoor dining. ALL interested parties are inviied to attend andwillbe heard. For further information,please contact theCity Clerk's Office at: 305-663-6340. Maria M.Menendez,CMC City Clerk PursuanttoFlorida Statutes 286.0105,theCityhereby advises thepublic thatifaperson decides toappealanydecisionmadebythisBoard,Agency orCommissionwith respect toanymatter considered atitsmeetingor hearing,heor she willneeda record ofthe proceedings,andthatforsuch purpose,affected person may need to ensure thata verbatim record ofthe proceedings ismadewhich record includesthe testimony andevidence uponwhich the appeal istobe based. 5/4 18-91/0000316411M 104