Ord No 11-18-2300ORDINANCE 11-18-2300
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.
WHEREAS, the City of South Miami (the "City") strives to maintain the quiet enjoyment of
the residential areas that are near commercial areas by regulating certain activities in the commercial
zoning districts; and
WHEREAS, the City's Land Development Code (LDC) currently permits outdoor
dining/seating within 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/dining by 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 properties zoned 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 properties that are located outside of the Hometown District Overlay Zone (HD)
and that are zoned RO Residential Office Zoning District or that 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 abut a single-
family residential district; and (2) the use is acoustically well-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 cafe 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
Page 1 of2
Ord. No. 11-18-2300
and approved by the City Manager prior 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 decision on 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 property which identifies the nature of the
pending application and the means by which questions or comments on the application may be
directed. The City Manager shall consider 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 1JitLhday Of---l.:M ...... al.,J.¥ ___ , 2018.
ATTEST:
CLERK.
1 st Reading _ 5/ 1 / 1 8
2nd Reading -5 / 1 5 / 1 8
APPROVED:
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Gil:
Page 2 of2
5-0
Yea
Yea
Yea
Yea
Yea
THE CITY OF PLEASANT LIVING
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 all commercial properties except for those 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
district out 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 62 nd
Avenue between SW 64th and 69 th streets, the Winn Dixie property on SW 73 rd 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 62 nd 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 Overlay unless 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 the noise generated
by such activity.
98
Neighborhood Residential-Outdoor Dining
May 15,2018
Page 2 of 2
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 fiNo 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 RECOMMENDATIQN:
Staff recommends the City Commission adopt the proposed amendment.
Attachments:
• Draft Ordinance
• Draft Planning Board meeting minute excerpt
JKT
C:\Users\EASYPD-l\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4C076243\@BCL@4C076243.docx
99
22SE I I NEIGHBORS I SUNDAY MAY 6 2018
MIAMIHERALD.COM
CITY OF SOUTH MIAMI
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 7:00p.m., in the City Commission Chambers. 6130 Sunset Drive, to
consider the following item(s):
A Resolution of the City of South Miami. Florida, placing a
question on lhe August 28. 2018, primary election hallot seeking
voter approval of an amendment to the City's Charter, Article ll.
Section 6D, reducing voting requirements needed to make hmd
use and deve.lopment regulations less restrictive in certain areas
of the City.
An Ordinance amending the City of South Miami Land
Development Code, Chapter 20. AI1icle IV. Section 20-4.5.l G
to provide for voluntary olf-site tree mitigation.
An Ordinance to protect the residential neighborhoods that abut
the NR zoned districts from noise generatcd from outdoor scating/
dining by .mlcnding Section 20-3.3 (E) of thc City of SOllth Mhmli
Land Development Codc 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 286,0 I 05. the City hereby advises the
public that if a person decides to appeal any decision made by this
Board, Agency or Commission with respect to any matter considered at
its meeting or hearing, hc or she will need a record of the proceedings.
and that for such purpose, alrected person may need to ensure that a
verbatim record of the proceedings is made which record include~ the
testimony and evidence upon which the appeal is to be based.
FLORIDA KEYS
Why the driver in a crash that killed
four Keys tourists has not been charged
BY DAVID GOODHUE
dgoodhuf!@jlktysnews.com
Florida Highway Patrol
traffic homicide investiga-
tors have not yet conclud-
ed their probe into a March
5 crash in Islamorada that
claimed the lives of four
Spanish tourists on U.S. 1.
Charges are pending
against Carlos Manso Blan-
co, 31, in the crash in
which HIP investigators
say he hit the women's
2018 Nissan Rogue with
his Isuzu truck as the car
was attempting to make a
left-hand tum in the north-
bound lane at mile marker
80 on the northern end of
Tea Tabte Bridge.
AGES 1, ·12
9:0D AM -3:3D PM
PRE-CAMP FUN WEEK
JUNE 11-15
SUMMER PROGRAMS
JUNE 18-AUGUST 10
POST·CAMP rUN WEEK
AUGUST 13-17
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-
tomey's office before they
file any charges," McKin-
ney said.
Killed in the crash that
afternoon were Margarita
Cortes-Pardo, 31, from Illes
Balears, Spain; Mada Lo-
pez-Bermejo Rossello, 31,
from Mallorca, Spain; Te-
resa Sanchez Quetglas, 30,
305.665.6274
Ichn~I@lIle.u~dBrmc~temrl,com
irJ'd.aIIJU~dermnnlemrl.cOPl
~_IlliOSW57'I""ue
T,Sjlll ,nll'!elC'lmlll181l1 D11IGutEr RoaD
T,djl'IEljl'!esl:!rlllll'41l1 mdGutEr RoaD
flemenmrtl4850SW61'1", ..
also from Mallorca; and
Ana Gaitan Diaz, 31, from
Cordoba, Spain. The young
women were vacationing in
South Florida and the
Keys.
Cortes-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 a 2016 Allegro 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 -is a
frequent area for crashes
because it is a popular
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 5 crash.
Earlier last week, FOOT
turned down the request
outright, but compromised
after Ramsay protested the
decision directly to Jim
Wolfe, district secretary for
South Florida and the 103
Keys. By the end of May,
the new speed limit will be
50 mph.
MIAMI DAILY BUSINESS REView
Publtshed Daily except Saturday, Sunday ana
le;j8: Holidays
Miami, Miami-Dade County, Flonda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
KESHA BASSUE, who on oath says that he or she is the
LEGAL CLERK, Legal Notices 01 the Miami Daily Business
Review Ilkia 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
matlerof
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI -MAY 15. 2018
in the XXXX Court,
was published in said newspeper in the issues of
0510412018
Affoant further says that the said Miami Daily Business
Review is a newspaper published at Miami. in said Miami-Dad
e County, Florida 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 mall
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 lor the purpose of securing this advertisement for
publication in the said newspaper.
KESHA BASSUE personally known to me l'
...... 1f.~ ... ~... BARBARA THOMAS ~ /~. ~,j COmmlssion#GG121171 ;
• ~xplres November 2, 2021 ,
&nded Thru Tmy Fain Insurance B~.~7~1:]
@OR @~ $OOlVI)II __ o. .
~@'ii1l@Iii@1? "1IIb1l@'~IWl@
NOTICE IS HEREBY given that the C!I¥~n Oftbs.Qty of South Miami,
Florida' will' cqliduct Public Hearlng(s) at Its regvlar City .gornm~c ,"eating
sch~uled ·for Tuesday, May 15, 2018, begliililng ~7:0.Q p.in;irr1heCity
CommiSsion Chamilers, 6130 Sunset DriVe, to consk,Ier lhefonowlng item(S):
A ResolUtion of the City of South Miami, Aorida,' pJ8cing a question
on !he August 28, 2018, primary eleCtIon ballot seeking voter approval of
an amendment to th\! City's Charter. Article II, SectiO~ 60. reducing
voting requirements needed to make land use and development
rBllulations less restrictive in certain areas of the C!I¥ •.
An Ordinance amending the CitY of Sout!i .MIarilI Land Development
. Code, Chapter 20, Article IV, Section 20-4.5.1 G to proVide for VOluntary
off~sitEi tree mitigation. ... .. , '.'
An Ordinence to protect the residential neighborhOods thatabulthe
NR zOned districts from noise genenrtecl from outdoor SElalingfdlning
by amending Section 20-3.3 (E) of the City of Solith Miami Land
Davelopment Code regarding outdoor dining. .
ALL interested parties are invited to attend and wiU.be heard.
For further information, please contact1he CIty Clerk's Office at
305-663-6340.
Maria M. Menendez. CMC
CityCIerk .
Pursuant to Florida Statutes 286.0105, the City her8by adviSe$"the public
that II a person dacldes to appeal any decision made bY this Board, Agency
or ComrrriesiOQ with respect .to any matter··considered at ilSmeeIi!lilor
hearing, he or she will need a record of the prOceedings. end~at foiSUch
purpose; affected person may ne8d to ensure that a verbatim i'ecord of the
proceeclirigs is made which record includes the testimony and evidence
upon which the appeal is to be based.
514 18-91/OOO0316411M
104