Ord No 05-23-2456ORDINANCE NO. 05-23-2456
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 4, "ALCOHOLIC BEVERAGES", ARTICLE I,
"IN GENERAL," SECTION 4-2. "DISTANCE
REQUIREMENTS; NON-CONFORMING USE;
CERTIFICATE OF OCCUPANCY", OF THE CITY'S CODE
OF ORDINANCES, AMENDING THE PROCEDURE
REGARDING DISTANCE REQUIREMENTS BETWEEN
CERTAIN PROPERTIES AND PROPERTIES SELLING
ALCOHOLIC BEVERAGES, AND AMENDING THE
PERMITTED HOURS FOR SERVICE OF ALCOHOLIC
BEVERAGES IN RESTAURANTS; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of South Miami ("City Commission") finds it
periodically necessary to amend its Code of Ordinances ("Code") in order to update regulations
and procedures to maintain consistency with state law, to implement municipal goals and
objectives, to clarify regulations and address specific issues and needs that may arise; and
WHEREAS, Section 4-2 "Distance requirements; nonconforming use; certificate of
occupancy" of the City Code provides for distance requirements between a church, school or
residential property and properties used for the sale of alcoholic beverages and sets forth a
procedure to permit the varying of such distance requirements with conditions; and
WHEREAS, Section 4-2.(a)(4)f. of the City Code further provides that alcoholic beverages
may be sold or consumed as part of an approved restaurant, and, for restaurants licensed after
December 17, 2013, alcoholic beverages shall only be served between the hours of 11 :30 a.m.
and midnight; and
WHEREAS, the City Commission desires to amend Section 4-2: of the City Code to provide
(i) that variances of the required distance requirements between religious facilities, schools and
residential properties and properties used for the sale of alcoholic beverages may be processed and
Page 1 of 6
reviewed utilizing a conditional use approval process, and (ii) amending section 4-2.(4)f. to change
the permitted hours for sale and consumption of alcoholic beverages as part of an approved restaurant
use to allow earlier hours, between the hours of 9:00 a.m. and midnight; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest and
welfare of the City and approved it on first reading on March 21, 2023; and
WHEREAS, on April 4, 2023, the Mayor and City Commission conducted a duly noticed
public hearing as required by law and approved the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Chapter 4, Article I, Section 4-2. of the Code. Chapter 4 -
"Alcoholic Beverages," Article I. -"In General", Section 4-2. "Distance requirements;
nonconforming use; certificate of occupancy" of the Code of Ordinances City of South Miami,
Florida, is hereby amended to read as follows:
* * *
CHAPTER 4 -ALCOHOLIC BEVERAGES
ARTICLE I. -IN GENERAL
Sec. 4-2. Conditional use approval of Ddistance requirements; nonconforming use;
certificate of occupancy.
(a) Distance requirements.
(I) Distance from a church, school, or residential property shall be measured by
following a straight horizontal line from the nearest point of the property line of the
property on which the proposed licensed establishment is to be located to the nearest
point of the property line of a church, school or residential property.
1 Coding: St:ril£:etm:augh wafds are deletions to the existing words. Underlined words are additions to the existing
words. Changes between first and second reading are indicated with highlighted douhlc sk'il~chett~h and double
underline.
Page 2 of 6
Ord. No. 05-23-2456
(2) In a ll oth e r cases, di stance s hall be meas ured by fo llowing a straight hori zo ntal line
from the nea rest p o int of th e perime ter wall of the proposed establ is hment to the
nearest point of th e p e rime te r wall of the ex is ting establishment.
(3) The publ ic health, safety, and ge neral welfare of the community is best served by
not having any distancing req uirem en ts between schools and properties that are used
for the sale of alcoho li c beverage, other than as set forth in the table belov,, and which
di s tances may be Except where vari ed pursuant to a c o nditional use approval process
as provided in paragraph (6) b e low.,_~ no premi ses shall be used fo r t he sale of
a lco h o li c beverages where th e proposed lice n sed estab li s lunent i s located le ss than th e
di stance in feet from a nothe r use as ind icated in the fo llo w ing chart:
-
Spacing Required (feet) for all Zoning Districts Religious Resi-
Outside of the Hometown District Overlay and the Facility or dential*
TODD School
Restaurants 500 500
Drinking place/bar/lounge 500 500
N ightclub 500 500
Liquor o r package stores 500 500
Microbreweries/brew pub 500 500
(4 ) No beer, w i ne o r b everage co nta ining d is till e d s pirits (alcoholic beverage) may be
sol d o r consumed as part of an approved restaurant use unless :
a . No a lcoholic service ba r is provided ;
b. Food is ser ved in conj un c ti on w ith alcoho lic beverage with in or upon the
premises and the alcohol ic beverage is o nl y ser ved at approved seating;
c. The sale of a lco ho li c beverage is less than one-half (½) the t otal m o nt hl y
sales;
d. Alco ho lic b everages a re not remove d from the premises;
e . A p ermanent. o paque buffer is prov ide d between the pre mi ses and a ny a nd all
adjoining prope rti es w hi c h a re zoned res identi a l; and
Page 3 of 6
Ord. No. 05-23-2456
f. For restaurants l icensed after December 17, 10 13 . aAlcoho lic b everage~ shall
o n ly be ser ved bet ween t h e ho urs of ++2 :J-00 a .m . an d m idni ght.
T h e restaurant s hall provide t h e c ity with t he restau rant's records of its sales of food . non -
a lcoh o lic beverage s and a lcohol ic beverages u po n demand of t he city man ager. o r
m ana ger 's des ig nee , o r of a c ity code e n fo rcem e nt e m p loyee.
(5) T h e restricte d di sta nc es, l isted in the subsectio n 4 -2 (a)(3) schedul e, between
premises that sell a lco ho li c beverage a nd a no th e r la nd use that is protected, shal l not
a ppl y if the pro tecte d class of la nd u se, li sted in t he sch edu le. i s locat ed in a m unicipality
other t ha n t h e C ity of South Miam i and p rovi d ed th at t he ordi n an c es of t he adjacent,
app li cable municipality wou ld not be v io lated if t he locati on of the land uses i n q uestion
we re reversed. i.e., t he re li g io us facility was locat ed in South M ia mi and th e proposed
s t o re o r rest aurant sell ing alco ho li c beve rage was located in Coral Gables.
(6) Condi t ional u se approva l Pproced ure fo r vary ing the distance requiremen t s . A
property owner m ay file an applica t io n with the planning and zoning department
(department) for c onditional use approva l to mod ify the requ ired spaci ng fo r a business
th at sell s a lcoholi c beverage (applica nt's bus iness). The applicatio n must incl u de the
paym ent of t h e a ppli catio n fee a n d mail ing labels certified as i nclud ing the addresses. a s
fo und o n the Miam i-Dade County property appraiser's tax roll, of a ll of t h e own ers of al l
prop e rt ies located w ithi n fi ve hu ndred (500) feet of the prop e rty w he re th e app l icant's
b us iness is to b e locat e d (ap p licable pro pe r ty). The Commission s h a ll consider
depart m e nt m u st draft a reso luti o n to mo di fy the spacing r equirem ents if t he variance
cond it io n a l u se con cerns spacing req uired fro m ~ re li g io u s faci li ty or res identia l
p roperties and the appl icant's business. and a non-cod ified ordinan ce if th e variance the
cond it io n a l use con cerns spacing req u ired the distance from a school, and place the
reso l ution and, if appl icab le. the ordinance on the next available city commission meeting
agenda. Ten (10) days prior to the public hearing fo r the resolution o r the second readin2:
of t h e ord inance. the Tue clerk must prepare and shall mail a notice addressed to the
own e rs of all properties located w it h in five hundred (500) feet of the appl icable property.
at the app li cant's cost. advising them of the date and time of th e OOH-publ ic hearin g ef
the resolut ion and, if app licable. t he second reading and public hearing of the ordinance,
at least ten (10) days before the adoption of the resolution and. if appl icab le. the
enactment of the ordinance. The enactment of the ordinance must comply with all
procedures a nd a d vertisement required by F.S . § 166.041 (3)(c) and the city Charter. I n
evalu atin g a n appli cati o n for con d it io n a l u se app ro val pursuant to this sec t io n. t he City
Commissio n s h a ll approve the condi t io nal use if it finds that it: (a) w ill n ot adversely
affect the h ealt h or safety o f person s resid in g o r working in the vicinitv o f th e proposed
use: (b) w ill n ot b e d etr im e nta l t o the publ ic welfare or property o r improvem ents in the
neig h borh ood : a nd (c) co m p lies w ith a l l o ther appli cable Code prov isions. T he City
Com m i ssio n m ay im pose co nditions on any cond itional use approval addressing site-
specific requirem e n ts appl icable to a proper ty .
(b) Compliance prerequisite to issuance o_f licenses, permits. certificates. No certifi cate
of use or occupancy. license. building o r o ther permit s hal l be issued to any person. firm . or
Page 4 of 6
Ord. No. 05-23-2456
corp oration for the sale of a lc o ho li c beve ra ges to be co nsum ed o n o r off the pre mi ses whe re the
propo sed p lac e of bu s in ess does not co nfo rm to th e req uire me nts of s ub sectio n (a) of thi s se ctio n.
(c) Vio l a ting uses declared nonconform ing: abandonment. The uses refe rred to in
sub sect ion (a) of thi s secti o n that are in v io lati o n of th e prov is ions the reof sha ll be dee me d to be
no nc o nformin g, a nd as s uch may co ntinu e un t il th ere is an aba ndo nm ent the reof. Once a
nonco nforming use is a band o ned it sha ll not be reesta bli s hed unl ess it ca n co nfo rm to th e
requirements of th is c hapter. Aba nd onm ent sha ll cons ist of a c hange of use o r of a s uspe n sio n
of act ive b us in ess w it h the p ub lic fo r a pe ri od of s ix (6) months. or pri or to the end of the pe ri od .
on a writte n decl arat ion of a band o nment by th e tenant an d owner of t he p re mi ses if u nd e r lease,
and if not, by the owne r.
(d) Sket ch indicating location. Fo r t he purpose of establi shi ng th e distance between
a lcoho li c beverage uses a nd any othe r use. the app li ca nt for such use sha ll furn ish a ce rti fied
survey . S uc h s m vey s ha ll in d icate the d ista nce in feet betwee n the pro posed pl ace and a ny ot her
use .
(e) Reser ved.
(t) Reserved.
(g) Resen ed.
(h) Certificate of occupancy void after thirty (30) days if premises not established. All
a lc o hol ic beverage uses must be establ is hed on the p rem ises w ith in th irty (30) days of the date
of iss uance of a certi ficate of use a nd occupancy. otherwise said ce rtificate of use a nd occup a ncy
sha ll be null and vo id .
(i) Compliance prerequisite to issuance of license. Anything to the co ntrary
notw ithstan d in g, no li q uor li ce nse of a ny type may be used in a man ne r con tra ry to this chapter.
T he tax co ll ector s ha ll iss ue no li cense un less a c urrent certificate of use or occ upancy in the
appl icant's n a me acco m pa ni es the app li cation. The license as iss ued sha ll note thereo n any
spec ial limi tatio ns o r restric tions a ppl icable due to the zo ning on the property.
U) Appbcarion of stare law. zoning requirements. Noth ing he re i n. howeve r, sha ll be
deemed and attem pt to mo di fy a ny pro hi bit ion o r make less rest ri ctive a ny requ ire me nts by th e
laws of the State of Fl o ri da . o r a ny requ ir e men t or rest ri ct io n establi s hed by Chapter 20 of thi s
Code [the c ity zon in g o rd in a nce].
* * *
Section 3. Corrections. Co nform in g lan guage or tec hni cal scrive ner-type correction s
may be made by the C ity Atto rn ey fo r a ny co nform in g amendments to be in corporated into the
final Ordinance for sig nature.
Page 5 of 6
Ord. No. 05-23-2456
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 juris diction, the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 5. Codification. It is the intention of the City Commission, and it is hereby
ordained that the provisions ofthis Ordinance shall become and made a part of the Code of Ordinances
of the City of South Miami, Florida, that the sections of this Ordinance m ay be renumbered or re-
lettered to accompli s h such intentions; and the word "Ordinance " may be changed to "Section" or
other appropriate word.
Section 6. Conflicts. Any and all ordinances and resolutions or parts of ord in ances or
resolutions in conflict herewith are he reby repealed.
Section 7. Effective Date. This Ordinance s hall become effective immediately upon
adoption on Second Reading.
PASS ED on first reading on the 2 pt day of March, 2023.
PASSED AND ADOPTED on second reading on the 4 th day of April , 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
WEISS SEROT A HELFMAN COLE
& BIERMAN , P .L.
CITY ATTORNEY
APPROVED:
~
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Corey:
Commissioner Liebman:
Page 6 of 6
4-0
Yea
Yea
Yea
Yea
Absent
Ord. No. 05-23-2456
Agenda Item No:10.
City Commission Agenda Item Report
Meeting Date: April 4, 2023
Submitted by: Tony Recio
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 4, “ALCOHOLIC BEVERAGES”, ARTICLE I, “IN GENERAL,” SECTION 4-2. “DISTANCE
REQUIREMENTS; NON-CONFORMING USE; CERTIFICATE OF OCCUPANCY”, OF THE CITY’S CODE OF
ORDINANCES, AMENDING THE PROCEDURE REGARDING DISTANCE REQUIREMENTS BETWEEN
CERTAIN PROPERTIES AND PROPERTIES SELLING ALCOHOLIC BEVERAGES, AND AMENDING THE
PERMITTED HOURS FOR SERVICE OF ALCOHOLIC BEVERAGES IN RESTAURANTS; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (VICE
MAYOR BONICH)
Suggested Action:
Attachments:
Alcohol_Memo__1_.docx
Ord_Amending_Section_4-2._of_Code_-_Alcoholic_Beverages_SR _CAv4.docx
MDBR Ad.pdf
Miami Herald Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:April 4, 2023
SUBJECT:AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,AMENDING CHAPTER 4,“ALCOHOLIC BEVERAGES”,ARTICLE I,“IN
GENERAL,”SECTION 4-2.“DISTANCE REQUIREMENTS;NON-CONFORMING USE;
CERTIFICATE OF OCCUPANCY”,OF THE CITY’S CODE OF ORDINANCES,AMENDING
THE PROCEDURE REGARDING DISTANCE REQUIREMENTS BETWEEN CERTAIN
PROPERTIES AND PROPERTIES SELLING ALCOHOLIC BEVERAGES,AND
AMENDING THE PERMITTED HOURS FOR SERVICE OF ALCOHOLIC BEVERAGES IN
RESTAURANTS;PROVIDING FOR CORRECTIONS;SEVERABILITY;CONFLICTS;
IMPLEMENTATION;AND AN EFFECTIVE DATE.
RECOMMENDATION:Pursuant to the request of Vice Mayor Bonich, the above referenced
Ordinance is submitted for consideration by the Mayor and City
Commission for second reading at the April 4, 2023 Commission Meeting,
for approval of amendments to Chapter 4, “Alcoholic Beverages,” Article I,
“In General,” Section 4-2, “Distance Requirements; Non-Conforming Use;
Certificate of Occupancy” of the City’s Code of Ordinances.
BACKGROUND:The accompanying ordinance was prepared and placed on the agenda at
the request of Vice Mayor Lisa Bonich. City Code provides for distance
requirements between a church, school,or residential property and
properties used for the sale of alcoholic beverages,and sets forth a
procedure to permit the varying of such distance requirements with
conditions. The Code further provides that alcoholic beverages may be
sold or consumed as part of an approved restaurant, and, for restaurants
licensed after December 17, 2013, alcoholic beverages shall only be served
between the hours of 11:30 a.m. and midnight.
The proposed ordinance changes the procedure for varying distance
requirements between a business that serves alcohol and schools,
religious facilities, and residentially zoned properties. It also expands the
times that alcohol can be sold at restaurants to 9:00 a.m.to midnight.
FUNDING:N/A
ATTACHMENTS:Proposed Ordinance
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
3
10
MIAMI-DADE
STATE OF FLORIDA
COU NTY OF MI AMI -DAD E:
Before the undersigned authority personally appeared
ROSANA SALGADO, who on oath says that he or she is the
LEGAL CLERK , Lega l Notices of the Miami Daily Business
Rev iew f/k/a Miami Revi ew , of Miami-Dade County, Florida;
that the attached copy of advertisement, be ing a Legal
Advertisement of Notice in \he ma\\er of
CITY OF SOUTH MIAM I -PUBLIC HEARING -APR. 4, 2023
in the XXXX Court ,
was published in a newspaper by print in the issues of Miami
Daily Business Review f/k/a Miami Revie w on
03 /2412023
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission wi ll hold a public hearing
Alliant further says tha t the newspape r complies wi th all ~~;~~~e~(s~ n1 ·4 2023 at 7:00 .m. to consider the following public
lega l req uireme nt s for publication in chap ter 50, Fl ori da
Sta tutes.
Sworn to and subscribed before me th is
24 day of MARCH , A.O . 2023
(SEAL)
ROSANA SALGADO personally known lo me
/?-1:·:::~·-., CHRISTINA LYNN RAVIX-OORLEANS
€.-: :•: Commission# HH 332954
·~---~, 026 ··•~>j•.,.•0.,-_..-Expires November 19, 2 ~,,.~r.~••'
AN ORDINANCE OF THE CrTY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING CHAPTER 2, 'ADMINISTRATION AND
CITY GOVERNMENT, ARTICLE 111, 'BOARDS AND COMMIITTES ,'
SECTION 2-26.10, 'DOWNTOWN DISTRICT ADVISORY BOARD ,'
OF THE CITY'S CODE OF ORDINANCES; PROVIDING FOR
CORRECTIONS ; SEVERABILITY; CODIFICATION ; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE .
-AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 11, 'GARBAGE
AND TRASH,' SECTION 11-22, "EXTENT OF SERVICE AND
POINTS OF COLLECTION ,' OF THE CITY 'S CODE OF ORDINANCES ;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE .
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI , FLORIDA, AMENDING ARTICLE IV, ~OTHER
. REGULATIONS,' SECTION 20-4 .3, 'SIGN REGULATIONS,' OF THE
CITY'S LAND DEVELOPMENT CODE , TO MODIFY THE REGULATIONS
FOR TEMPORARY SIGNS AND TO PROVIDE FOR TE.MPORARY
CONSTRUCTION FENCE SIGNS FOR ALL ZONING DISTRICTS EXCEPT
RS-SINGLE FAMILY RESIDENTIAL DISTRICTS, RT-TOWNHOUSE
DISTRICTS , AND RM-MULTI-FAMILY RESIDENTIAL DISTRICTS ;
PROVIDING FOR CORRECTIONS; SBIERABIUTI; CONFLICTS;
MPLEfvlENTATION; AND AN EFFECTIVE DATE .
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 4, 'ALCOHOLIC
BEVERAGES ', ARTICLE I, 'IN GENERAL,' SECTION 4-2. 'DISTANCE
REQUIREMENTS; NON-CONFORMING USE ; CERTIFICATE OF
OCCUPANCY ', OF THE CITY 'S CODE OF ORDINANCES, AMENDING
THE PROCEDURE REGARDING DISTANCE REQUIREMENTS
BETWEEN CERTAIN PROPERTIES AND PROPERTIES SELLING
ALCOHOLIC BEVERAGES , AND AMEND ING THE PERMITTED HOURS
FOR SERVICE OF ALCOHOLIC BEVERAGES IN RESTAURANTS;
PROVIDING FOR CORRECTIONS; SEVERABILITI; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE .
11
The hearing will be held al c· Hall Commission Chambeni 613(! Sunset .
Drive South Miami Florida 33143. Commission members will participate In
Chambers or by video conferencing through the Zoom platform and members
of the public may join the meeting via Zoom at (h s·/ zo_Qfil.us/ /305~636_338),
by pfione by calling +1-786-635-1003 and entering Meeting ID: 3056636338
when prompted, or in person in the Commiss ion Chambers, and where
their appearance will be broadcast on the Zoom platform, and where they
can participate.
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.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public
that if a person decides to appeal any decision made by the Commission
with respect to this matter, such person must ensure that a veroatim record of
the proceedings is made, wh ich record includes the testimony and evidence
upon which the appeal is lo be based. This notice does not constitute consent
by the City for the introduction or ,11dmission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law. ·
ADA: To req!Jest a modification to a policy, practice or procedure or to re-
quest an auxiliary aide or service in order to participate in a City program ,
activity or event, you must on or before 4:00 p.m . 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive;
South Miami, Florida or email at npayne@southmiamifl.gov.
3/24
Nkenga A. Payne, CMC, FORM
City Clerk
23-10510000653953M
16SE ...................................................................................................NEIGHBORSSUNDAYMARCH262023
12
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing on Tuesday. April 4, 2023,
at 7:00 p.m. to consider the following public hearing item(s):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION AND CITY GOVERNMENT, ARTICLE 111 , "BOARDS
AND COMMITTEES," SECTION 2-26 .10, "DOWNTOWN DISTRICT ADVISORY BOARD," OF
THE CITY'S CODE OF ORDINANCES ; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CODIFICATION ; CONFLICTS ; IMPLEMENTATION; AND AN EFFECTIVE DATE .
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING CHAPTER 11, "GARBAGE AND TRASH," SECTION 11-22, "EXTENT OF SERVICE
AND POINTS OF COLLECTION ," OF THE CITY'S CODE OF ORDINANCES ; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE .
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ARTICLE IV, "OTHER REGULATIONS," SECTION 20-4 .3, "SIGN REGULATIONS," OF
THE CITY'S LAND DEVELOPMENT CODE , TO MODIFY THE REGULATIONS FOR TEMPORARY
SIGNS AND TO PROVIDE FOR TEMPORARY CONSTRUCTION FENCE SIGNS FOR ALL
ZONING DISTRICTS EXCEPT RS-SINGLE FAMILY RESIDENTIAL DISTRICTS , RT-TOWNHOUSE
DISTRICTS, AND RM-MULTI-FAMILY RESIDENTIAL DISTRICTS ; PROVIDING FOR CORRECTIONS ;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING CHAPTER 4, "ALCOHOLIC BEVERAGES ", ARTICLE I, "IN GENERAL ," SECTION
4-2 . "DISTANCE REQUIREMENTS ; NON-CONFORMING USE; CERTIFICATE OF OCCUPANCY",
OF THE CITY 'S CODE OF ORDINANCES, AMENDING THE PROCEDURE REGARDING DISTANCE
REQUIREMENTS BETWEEN CERTAIN PROPERTIES AND PROPERTIES SELLING ALCOHOLIC
BEVERAGES, AND AMENDING THE PERMITTED HOURS FOR SERVICE OF ALCOHOLIC
BEVERAGES IN RESTAURANTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS ;
IMPLEMENTATION; AND AN EFFECTIVE DATE .
The hearing will be held at City Hall Commission Chambers, 6130 Sunset Drive.
South Miami, Florida 33143 . Commission members will participate in Chambers or by video
conferencing through the Zoom platform and members of the public may join the meeting via
Zoom at (https://zoom .us/j/3056636338), by phone by calling +1-786-635-1003 and entering
Meeting ID : 3056636338 when prompted, or in person in the Commission Chambers, and where
their appearance will be broadcast on the Zoom platform, and where they can participate.
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.
Pursuant to Section 286 .0105 , Fla . Stat., the City hereby advises the public that if a person decides to appeal any decision made
by the Commission with respect to this matter, such person must 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 . This notice does not constitute consent by the
City for the introduction or admission of otherwise inadm issible or irrelevant evidence, nor does it authorize challenges or appeals
not otherwise allowed by law.
ADA : To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate
in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day
of the meeting) deliver your request to the City Clerk by telephone : 305-663-6340, by mail at 6130 Sunset Drive , South Miami ,
Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
.-II Public Hearing
MIAMI-DADE COUNTY
THEMIAMI-DADECOUNTYBOARDOFCOUNTYCOMMISSIONERS
will hold a Public Hearing on the following zoning applications on
April 20, 2023, at 9:30a.m. in the Miami-Dade County Commission
Chambers, located on the 2nd Fl, Stephen P. Clark Center,
111 NW 1st St, Miami, Fl 33128.
THIS IS AN IN-PERSON MEETING
APPLICANT: RAYSA DE LA CARIDAD RAMIREZ 22021000253
The applicant seeks to permit an existing covered terrace located closer to the rear property line
than allowed by code and to permit a proposed swimming pool located in front of the principal
residence and closer to the front property line than allowed by code.
(1) NON-USE VARIANCE to permit an existing covered terrace addition to a single-family
residence setback 2' (15 ' required for 50% of the lineal frontage of the width of house and 25 '
for the balance) from the rear (north) property line .
(2) NON-USE VARIANCE to permit a proposed swimming pool to be located in front of the principal
residence (not permitted) and to setback 5' (75 ' required) from the front (south) property line .
Plans are on file and may be examined in the Department of Regulatory and Economic Resources ,
entitled "Proposed New Swimming Pool" as prepared by Victor Ramos, consisting of site plan one
(1) sheet dated stamped received 8-30-22 and building elevation/floor plan one (1) sheet dated
stamped 5-27-22 for a total of two (2) sheets . Plans may be modified at Public Hearing .
LOCATION: 4525 SW 84th Avenue , Miami-Dade County, FL
SIZE OF PROPERTY: 0.15Acre
APPLICANT: CN 86 Flagler, LLC 22022000061
The application is to permit a rezoning of the northern parcel (parcel A) from EU-M (residential
use) to RU-5A (semi-professional office use) in order to develop the parcel with an office building .
Additionally, the application seeks approval of ancillary non-use variances to permit the proposed
building to be located closer to the front and interior side property lines, to permit more lot coverage
then permitted by code a reduction of the required parking spaces, to permit less open space than
required and to waive the required wall along the interior side and rear property lines.
(1) District Boundary Change from EU-M (Estate Modified District) to RU-5A (Semi-Professional
Office District).
(2) NON-USE VARIANCE of the setback requirements to permit the proposed office building to
setback a minimum of 23'-3" (25'-0 " required) from the front (north) property line and to
setback 9'-0" (15 '-0 " required) from the interior side (east and west) property lines.
(3) NON-USE VARIANCE to permit a lot coverage of 59% (40% maximum permitted).
(4) NON-USE VARIANCE to permit 22% open space ( 25% open space required).
(5) NON-USE VARIANCE of zoning regulations requiring a decorative wall at least five (5) feet in
height along the rear and interior side property lines ; to waive same .
(6) NON -USE VARIANCE of zoning regulations requiring a landscape buffer between dissimilar
land uses along the rear property line ; to waive same .
(7) NON-USE VARIANCE to permit a build height of 32 ' (24' maximum).
(8) NON-USE VARIANCE to permit 58 parking spaces (69 parking spaces required).
Plans are on file and may be examined in the Department of Regulatory and Economic Resources ,
entitled "One Health Medical-Flagler Center'' as prepared by Archcube Architectural Design dated
and stamped 11/14/2022 consisting of Nine (9) sheets . Plans may be modified at public hearing .
LOCATION: 8616 West Flagler Street, Miami-Dade County , FL
SIZE OF PROPERTY: 1.54 Acres
This is an in-person meeting. Interested parties must appear
in person to participate. Documents and materials must be
submitted by e-mail ZONINGmeetings@miamidade.gov, or
visit our website at:
https://www.miamidade.gov/zoning/hearing-commissioners.asp
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