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02-03-09 Item 21 (2)South Miami NI- AmedcaNy CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager ° From: Sanford A. Youkilis AICP, Acting Planning Direct Date: February 3, 2009 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY AMENDING LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO REMOVE THE DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL RESTAURANT AS A SPECIAL USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION 20- 3.4(B) IN ORDER TO REMOVE SUB - SECCTION (19) ENTITLED SMALL RESTAURANT: PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND At a recent City Commission meeting there was discussion concerning the separate category for small restaurants contained in the Land Development Code The Land Development Code currently contains several categories of restaurants including general restaurant, small restaurant, accessory restaurant, convenience restaurant, and walk up restaurant. All of these categories have different definitions, conditions, permitted locations and parking requirements. The restaurants share one common condition in that all of them require special use approval. A small restaurant, however, has special requirements as follows: • a restaurant which is smaller than 2000 sq.ft. • must be located within 200 feet of a public parking lot(facility) The Planning Department on several occasions met with developers and restaurateurs who wanted to bring small restaurants to the City and in the Hometown District However they were unable to proceed because of their proposed location was beyond the 200 linear feet from a public parking facility. In addition there have been proposals to create smaller size restaurants in other areas of the City including the west side of S. Dixie Highway, however, not being located within 200 feet of a public parking facility nullified the proposal. LEGISLATIVE HISTORY The City Commission on July 23, 1991 adopted Ordinance No. 19-91-1484 (attached) which created the concept of a small restaurant and set up the definition as being under 2000 square feet and within 200 feet of a municipal parking lot. The express purpose of the amendment was to encourage location of small restaurants in the downtown (see Whereas clauses) and to provide an incentive in the form of.reduced required parking. Parking requirements were reduced to 25% of the general restaurant requirement. That was later changed to a specific number, one space for every 400 sq.ft. STAFF OBSERVATION The creation of a special type of restaurant based on size appears to be arbitrary. Smaller restaurants often generate as much or more business than restaurants twice their size and can have a significant impact on the immediate area. The City's current regulation limiting location of small restaurants to the Hometown District has had a negative 2 affect on restaurants wanting to locate in other areas of the City. The distinction between a small restaurant and other restaurant types should be eliminated. This can be done by removing from the Code the definition of a small restaurant, the removal of small restaurant as a special use in any zoning district, and the removal of the special use pre- conditions for small restaurants.(see attached draft ordinance) PLANNING BOARD ACTION The Planning Board at its September 30; 2008 meeting conducted a public hearing on the proposed amendment and adopted a motion by a vote of 4 ayes 2 nays (Ms. Young, Ms. Chael) recommending approval of the proposed amendment. The Planning Board also discussed a related staff observation that a future LDC amendment should consider re- instating a parking reduction for any restaurant within a two block radius of a municipal parking facility. The Planning Board then adopted a motion by a vote of 5 Ayes 1 Nay. (Ms. Chael) to recommend to the City Commission that any future change to the parking requirement for restaurants should not be pursued. RECOMMENDATION The subject ordinance was approved on first reading by the City Commission at its October 21, 2008 meeting. The second reading of the item was subsequently deferred. It is recommended that the proposed amendment as shown in attached draft ordinance be adopted. Attachments Draft ordinance Planning Department Staff Report 9 -30 -08 Planning Board Minutes 9 -30 -08 Ord. No. 19 -91 -1484 Sections 20 -2.3, 20- 3.3(D), 20- 3.4(B)(19) Public Notices SAY X: \Comm Items\2009\2- 3- 09\LDC Amend Small Rest. CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY AMENDING LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO REMOVE THE DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL RESTAURANT AS A SPECIAL USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION 20- 3.4(B) IN ORDER TO REMOVE SUB - SECCTION (19) ENTITLED SMALL RESTAURANT: PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Land Development Code (LDC) The Land Development Code currently contains several categories of restaurants including general restaurant, small restaurant, accessory restaurant, convenience restaurant, and walk up restaurant; and WHEREAS, a small restaurant has special requirements which differentiate it from other restaurant types those being that a small restaurant is defined as any restaurant smaller than 2000 sq.ft. and a small restaurant must be located within 200 feet of a public parking lot(facility); and WHEREAS, The Planning Department on several occasions has observed that these requirements have prevented small restaurants from locating in the Hometown District and other areas of the City .including the west side of S. Dixie Highway; and WHEREAS, The LDC current regulation limiting location of small restaurants to the Hometown District has had a negative affect on restaurants wanting to locate in other areas of the City; and WHEREAS, the Planning Department has prepared a proposed amendment which removes from the Code the definition of a small restaurant, removes small restaurant as a special use in any zoning district, -and removes the special use requirements for small restaurants; and WHEREAS, the Planning Board at its September 30, 2008 meeting, after public hearing, adopted a motion by a vote of 4 ayes 2 nays recommending that the proposed amendment to the Land Development Code be approved; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 entitled "Definitions" of the Land Development Code is hereby amended as follows: Section 20 -2.3 Definitions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2 Section 2. That Section 20 -3.3 (D) "Permitted Use Schedule" is amended to delete small restaurant as a special use in all zoning districts zone as shown below. Section 20 -3.3 (n) Permitted Use Schedule W9 000.11Im CIIWAVAILei 11 *Y_11 gillY:7_ \I] small :9 : 4=2 Section 3 That Section 20- 3.4(B) "Special Requirements" of the Land Development Code is hereby amended as follows: Section 20- 3.4(B) Special Requirements Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 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. Section 6 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK day of , 2009 APPROVED: MAYOR ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A D D D D D N R USE TYPE D D D D D D K M M L P P U U I I R 4 5 4 W9 000.11Im CIIWAVAILei 11 *Y_11 gillY:7_ \I] small :9 : 4=2 Section 3 That Section 20- 3.4(B) "Special Requirements" of the Land Development Code is hereby amended as follows: Section 20- 3.4(B) Special Requirements Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 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. Section 6 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK day of , 2009 APPROVED: MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1" Reading — 2 °d Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY X: \Comm Items\2009\2- 3- 09\LDC Amend Small rest Ord.doc 3 COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Beckman: Commissioner Newman: SO U 7' S€ urth Miami %0 • Ali- America C" IN co R PORATED e 1927 to ^s 2007 To: Honorable Chair and Date: September 30, 2008 Planning Board Members From: Ricardo Soto -Lopez MUP Re: LDC Amendment- Elimination Planning Director of Small Restaurant as a Use PB -08 -031 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY AMENDING LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO REMOVE THE DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL RESTAURANT AS i A SPECIAL USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION 20- 3.4(D) IN ORDER TO • REMOVE SUB- SECCTION (19) ENTITLED SMALL RESTAURANT: PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND At a recent City Commission meeting there was discussion concerning the separate category for small restaurants contained in the Land Development Code The Land Development Code currently contains several categories of restaurants including general restaurant, small restaurant, accessory restaurant, convenience restaurant, and walk up restaurant. All of these categories have different definitions, conditions, permitted locations and parking requirements. The restaurants share one common condition in that all of them require special use approval. A small restaurant, however, has special requirements as follows: ® a restaurant which is smaller than 2000 sq.ft. must be located within 200 feet of a public parking lot(facility) The Planning Department on several occasions met with developers and restaurateurs who wanted to bring small restaurants to the City and in the Hometown District However they were unable to proceed because of their proposed location was beyond the 200 linear feet from a public parking facility. In addition there have been proposals to create smaller size restaurants in other areas of the City including the west side of S. Dixie highway, however, not being located within 200 feet of a public parking facility nullified the proposal. LEGISLATIVE HISTORY_ The City Commission on July 23, 1991 adopted Ordinance No. 19-91-1484 (attached) which created the concept of a small restaurant and set up the definition as being under 2000 square feet and within 200 feet of a municipal parking lot. The express purpose of the amendment was to encourage location of small restaurants in the downtown (see 'Whereas clauses) and to provide an incentive in the form of reduced required parking. Parking requirements were reduced to 25% of the general restaurant requirement. That was later changed to a specific number, one space for every 400 sq.ft. �J • • LDC Amendment September 2008 Page 2 of 3 STAFF OBSERVATIONS (1) The creation of a special type of restaurant based on size appears to be arbitrary. Smaller restaurants often generate as much or more business than restaurants twice their size and can have a significant impact on the immediate area. The City's current regulation limiting location of small restaurants to the Hometown District has had a negative affect on restaurants wanting to locate in other areas of the City. The distinction between a small restaurant and other restaurant types should be eliminated. This can be done by removing from the Code the definition of small restaurants and the removal of small restaurant as a permitted use in any zoning district. (2) The concept of reducing required parking for restaurant uses which are in the vicinity of off - street public parking facilities is still valid and should be considered as an incentive to encourage future restaurants to locate in the downtown area. The current parking requirement for all types of restaurants (general, convenience and walk up) is one space for every 100 square feet of restaurant floor area. An adjustment of the parking requirement to one space for every 150 feet for restaurants within 600 feet (two blocks) of the City's two parking facilities would be an incentive encouraging various types and sizes of restaurants to locate in the core area of the downtown. This policy would require the initiation of separate LDC amendment at a future date. SPECIFIC ITC AMENDMENTS In order to remove the small restaurants from the LDC the following three amendments must be made: Section 20 -2.3 Definitions. +t a i2 nnm + in a rT 1� i)7 inon z �� nip (B) 0 4- .. 7a 2 2 f-M Pnrvnif4Pt1 TTeP Crhedule OeCLivu - -- ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O 0 0 0 0 I R O A D D D D D N R. USE TYPE D D D D D D K M M L P P U U I I R 4 5 4 RETAIL AND WHOLESALE TRADE • • LDCAn7endment September 2008 Page 3 of 3 Cl\ Q1,4AT T l7TCTATT� �r AT TT G The an t �� + + 1 In a + i J iR t� J 5 Y I REC®1WP3MNJVA IO It is recommended that the proposed amendments (A)(B)(C) as shown above be approved. Attachments: Ord. No. 19 -91 -1484 Sections 20 -2.3, 20- 3.3(D), 20- 3.4(B)(19) Public Notices RSUSAY X:\PB\PB Agendas Staff Reports\2008 Agendas Staff Reports\9- 30- 08\PB -08 -031 LDC Amend Small Rest.doc K �r 4K M" • INCORPORATED ° 1927 P CITY OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes Monday, September 30, 2008 City Commissi ®n Chambers 7030 P.M. 1. Call t® Order and the Pledge of Allegiance t® the Flag Action: The meeting was called to order at 7:35 P.M. The Pledge of Allegiance was recited in unison. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Farfan, Mr. Cruz, Mr. Comendeiro, Ms. Young, and Ms. Chael. Absent: Ms. Yates. City staff present: Luis Figueredo (City Attorney), Sanford A. Youkilis (Consultant), and Lluvia Resendiz (Zoning Tech). Absent: Ricardo Soto - Lopez, (Planning Director). ADMINISTRATIVE MATTERS: Mr. Youkilis advised that Mr. Soto -Lopez was not able to attend the meeting due to a family emergency. He also advised that Mr. Proctor,. attorney representing South Miami Corporation's project located at 5750 SW 72 Street, submitted a letter requesting that the Board hold a special hearing to consider the Bank's First on Sunset project. Mr. Proctor thanked the Board for providing him the opportunity to submit the special request. He advised that the request was do to the fact that there was a scheduling problem with the team working on the project. Fourteen stakeholders will be coming from out of state and it has been a difficult task to have all fourteen in South Miami at the meeting of October 28, 2008. The stakeholders are anxious to get the project moving forward and therefore are requesting a special meeting date on either October 22 or 23, 2008 instead of waiting until the regular Planning Board meeting of October 28, 2008. Mr. Procter added that the advantage of holding a special meeting will allow more time considering the size of the project and the fact that a lengthily presentation will be provided. Motion: Ms. Young moved to deny the applicant's request that the Planning Board change its regular scheduled meeting of October 28, 2008 for an earlier date. Mr. Farfan seconded. Vote: 5 Ayes 1 Nay (Mr. Comendeiro) Planning Board Applications/Public Hearing PB -08 -031 Applicant: City of South Miami . AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY AMENDING LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO REMOVE THE DEFINITION OF SMALL RESTAURANT, AMENDING THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL RESTAURANT AS A SPECIAL Planning Board Meeting September 30, 2008 Page 2of5 • USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION 20- 3.4(13) IN ORDER TO REMOVE SUB- SECCTION (IS) ENTITLED SMALL RESTAURANT: PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mr. Morton read the item into the record. Action: Mr. Youkilis advised that at a recent City Commission meeting there was discussion concerning the separate category for small restaurants contained in the Land Development Code (LDC) The LDC currently contains several categories of restaurants including general restaurant, small restaurant, accessory restaurant, convenience restaurant, and walk up restaurant. All of these categories have different definitions, conditions, permitted locations and parking requirements. The restaurants share one common condition in that all of them require special use approval. A small restaurant, however, has special requirements that in order to be considered a small restaurant the location must be smaller than 2000 square feet and the location must be within 200 feet of a public parking facility. The Planning Department on several occasions met with developers and restaurateurs who wanted to bring small restaurants into the Hometown District but were unable to proceed because the location was not within the 200 linear feet from a public parking facility. In addition there have been proposals to create smaller size restaurants in other areas of the City including the west side of S. Dixie Highway and because the location was not within 200 feet of a public parking facility they • too were turned down. The City's current regulation limiting location of small restaurants to the Hometown District has had a negative affect on restaurants wanting to locate in other areas of the City. It is staff's observation that smaller restaurants often generate as much or even more business than restaurants twice their size and can have a significant impact on the immediate area. It was staff's recommendation that the distinction between a small restaurant and other restaurant types should be eliminated. The amendment to correct this problem is to remove from the Code the definition of small restaurants and the removal of small restaurant as a permitted use in any zoning district. The concept of reducing required parking for restaurant uses which are in the vicinity of off - street public parking facilities is still valid and should be considered as an incentive to encourage future restaurants to locate in the downtown area. The current parking requirement for all types of restaurants (general, convenience and walk up) is one space for every 100 square feet of restaurant floor area. A possible adjustment of the parking requirement to one space for every 150 feet for restaurants within 600 feet (two blocks) of the City's two parking facilities would be an incentive encouraging various types and sizes of restaurants to locate in the core area of the downtown. This policy would require the initiation of a separate LDC amendment at a future date. Mr. Morton questioned if the parking bonuses will be eliminated. Mr. Youkilis replied that the bonuses will be removed for those businesses that are not within a 600 foot radius of a city parking facility. Only those businesses that are within the 600 radius will be able to take advantage of reduced parking. Mr. Youkilis further added that the LDC requires that all restaurants provide one space for every 100 square feet of gross area. What is being presented for discussion only is the adjustment of requiring one space for every 150 square feet for any restaurant within the 600 feet radius of a city parking facility. Mr. Morton then questioned if an applicant will be grandfathered into the parking regulations of 1/150 at the time of their certificate of use renewal. Mr. Figueredo replied that under the existing parking regulations the applicant would have already met the requirements of 1 /100 and therefore the proposed parking requirement regulations will not be make Plaiming Board Meeting September 30, 2008 Page 3 of 5 • a difference otherwise. Mr. Figueredo reminded the Board that the issue before them was not related to the parking requirement amendment. He stated that the staff observations No. l and No.2 are only discussion items for future consideration. He advised that staff would have to prepare a separate amendment to be discussed with the Planning Board and the Parking Board at a future date. Mr. Cruz stated that he was not against providing incentives for small restaurants. However, he did not believe that the incentives should be for parking requirements. Currently there is a parking problem and giving these incentives will make it worse. Ms. Young questioned if staff observation No.2 could be removed and Mr. Youkilis advised that No.2 cannot be removed because it is already a public record. Mr. Youkilis advised that item's No.l and No.2 were only staffs observations and not a part of the text amendment. Ms. Chael stated that removing the parking incentives might be worse for small restaurants especially when considering the intent as to why the removal was included. Mr. Youkilis advised that many restaurants have been proposed however because of the 200 foot radius they have not been able to move into the downtown. At this point the recommendation is to simply remove the definition of a small restaurant and we will consider the parking requirement amendment at a later date. Ms. Chael questioned if the square footage is calculated on gross or net area. She stated that it should be calculated by net area. Mr. Youkilis replied that the square footage has to be counted by the gross square footage area because that is the only way it could be measured. Otherwise, the Planning Department staff has no way of preventing that applicants will later increase their square footage once they obtain approval for a special use. Mr. Cruz advised that there is no City in the State of Florida that measures the net area therefore why should South Miami be the exception. Ms. Young questioned if the removal of the small restaurant limitations definition will encourage small restaurants. Chairman Morton opened the Public Hearing. Name Address Position Sharon McCain Favors Ms. McCain stated that all the residents living a block away for the downtown has had to deal with the parking issues. The neighborhoods have ended up having to deal with beer bottles and garbage on a continuous basis and for that matter residential parking had to be initiated. The reason however why this text amendment is before the Board is because there was a small restaurant applicant that whose requirements were one parking space for 400 square feet. She pointed out that the problem was that they were only required to have five spaces for the 150 seats they are proposing to have. Ms. McCain expressed that she believed that the removal of this type of restaurant is temporary. There was also a concern that other restaurants in the Hometown District within a 600 feet radius could use South Miami Parking garage for a reduction in parking. She stated that she is in favor of the small restaurant definition removal if it will require all restaurants to provide one space for 100 square feet of gross area. However if the removal has anything to do with contract zoning in the City's garage then she disagrees with the removal of the definition. The garage was not built to provide monthly contracts for restaurants and other retail business in the downtown rather it is for patrons to use. She recommended that a study be performed to evaluate as to whether or not the parking spaces are being used more than once. Ms. McCain requested that the minutes reflect that the majority of the Board members agree that No.2 under staff s observations should be removed. Chairman Morton closed the Public Hearing. Planning Board Meeting September 30, 2000 Page 4 of 5 Mr. Youkilis stated that the report issued to the Planning Board will be forwarded to the City Commission along with the Board's recommendation that staff observation No.2 should be removed. He stated that No.2 will not be attached as part of the City Manager's cover report to the City Commission. Mr. Cruz questioned if the report can be modified so that the Commissioners are aware that the Board does not want No.2 as an amendment to the Code. He then stated that the Board may have two separate inotions and staff will include the Board's recommendations in the transmission to the City Commission and will also be reflected in the Planning Board minutes. Mr. Youkilis advised that the second motion could say that the Planning Board also felt that any future change the parking requirement for future restaurants should not be pursued. Ms. Chael stated that based on the' comments from the Board it appears that the Board has forgotten that the discussion is about the downtown. She advised Ms. McCain that she acknowledges that the spaces are being used continuously and that is what South Miami should strive for a mixed of uses. Ms. Chael reiterated in saying that keeping restaurants . to the same standards is not saying that we are promoting what South Miami downtown really is. Ms. McCain corrected the statement in that there are spaces in the garage that cannot be used over and over again because of monthly leases. Mr. Comendeiro stated that the determinant of the types of business that will make the downtown thrive was the market. Although people say they do not want more restaurants if 100 restaurants want to come into the downtown and meet all the regulations as required by the LDC even parking, then they should be allowed. The concept that we do not need more restaurants is simply an opinion. If restaurants thrive in the downtown then restaurants are needed and if they are not needed then they will close. Mr. Morton replied that what people are looking for is a diversification of businesses. Mr. Morton questioned if outdoor seating requires additional parking. Mr. Youkilis replied in the negative. The City Commission did not adopt that proposal. Mr. Morton then stated that it should be something to reconsider. Mr. Figueredo stated that the City Commission removed the recommendation made by the Planning Board regarding required parking for outdoor seating. Mr. Figueredo stated that the Commissioners believed that the parking fee in addition to the per seat fee would be a burdensome amount to impose on the businesses and therefore they elected not to require fees for additional parking. Motion: Mr. Farfan moved to approve the text amendment as presented by staff. Mr. Comendeiro seconded. Vote: 4 Ayes 2 Nays (Ms. Chael and Ms. Young) Motion: Mr.. Comendeiro moved to forward to the City Commission that the Planning Board felt that any future change to the parking requirement for future restaurants should not be pursued. Mr. Cruz seconded. Vote: 5 Ayes 1 Nay (Ms. Chael) Ms. Young questioned if there was a regulation indicating that a parking related issue must go to the Parking Board before it is discussed by the Planning Board. Mr. Figueredo responded that there is no rule indicating that it must go to one Board versus another first. He advised that both Boards are advisory Boards and the City Commission wants the comments of both Boards. Mr. Cruz questioned if there was a way to bring up an outdoor seating issue. Mr. Youkilis replied Planning Board Meeting September 30, 2008 Page 5 of 5 • that the Board has the authority to initiate a text amendment however he advised that unless the City Commission requests that the Board reconsider the outdoor seating ordinance the Board should really not initiate the process. Staff is currently working on implementing the amended ordinance. Mr. Figueredo advised that the City Commission has created the LDC Review Task Force and is in the process of appointing members. The purpose of the Task Force is to revamp the LDC and there will be an opportunity to initiate many changes. VI. Approval of Minutes. Action: Mr. Cruz moved to approve the minutes of September 15, 2008 and Mr. Farfan seconded. Vote: 6 Ayes 0 Nays. VII. Next Meeting Action: Staff advised that the next meeting will be held on Tuesday, October 28, 2008. VIII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 8:30 P.M. • X:\PB\PB Minutes\2008 Minutes \Sept 30\PB- Min- 09- 30- 08.doc 1�1 ORDINANCE No. 19 -91 -1484 • / AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF "SMALL RESTAURANT" IN SECTION 2D -2.3; PROVIDING FOR SMALL RESTAURANTS UNDER SECTION 20 -3.3 (D) OF THE PERMITTED USE SCHEDULE AS SPECIAL USES IN SR DISTRICTS: PROVIDING FOR SPECIAL USE REQUIREMENTS UNDER SECTION 20 -.3.4 (B) BY ADDING A NEW SUBDIVISION (19): PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Develooment Code orovidina for, inter alia, parking requirements for restaurants within the soecialty retail "SR" district; and WHEREAS, the SR district Dresentiv has the largest municipal oarkina lot in the City of South Miami, as well as extensive on- street parkina and off - street parkina which can be leased on a month to month basis; and ! WHEREAS, the Mayor and City. Commission believe the location of! small restaurants in the SR district will promote the goals • and objectives of a comorehensive master plan, to -wit: open space, landscaoina, use of small scale structures and pedestrian generated retail and restaurant activity; and WHEREAS, the Mayor and City Commission therefore wish to amend the Land Development Code to provide for reduced parking requirements for small restaurants within the SR district upon compliance with special use conditions; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby is, amended as follows: SMALL RESTAURANT. Shall mean a restaurant as defined in this Code which contains no more than 2,000 dross square feet. Section'2. Section 20 -3.3 (D) be, and hereby is, amended to include the following additional use: • C p ZONING DISTRICTS O A __________________ _______________________________ N R R L M 14 S G I H D K O 0 0 R R R S G Small Restaurant. S 19 ' 11 Section 3. Section 20 73.4 of the Land Development Code be, and the same is, herebv amended to add the following subsection 19: (19) SMALL RESTAURANT a. Small restaurants must be located within 200 linear feet of a municipal Darkina lot. b. The on -site oarkino on small restaurant premises must be used for customers only; emplovees and management must nark in off -site Darkina. c. On -site oarkino must satisfy 250 of Land Development Code reouirements. d. Small restaurants may only serve alcoholic beverages to any given Datron in combination with food both prepared and • served on the premises. Section 4. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. All Ordinances or Darts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section G. This Ordinance shall take effect immediately at the time of its passage. • PASSED AND ADOPTED this 23 t day of July , 1991. / 1 ATTEST. CIT CL READ AND APPROVED AS TO FORM: ri CITY ATTORNEY 1 u APPROVED: MAYOR • 20 -2.3 SOUTH MLAMI LAND DEVELOPMENT CODE principal method of operation consists of a small specialty restaurant having floor area exclusively within an office center, sharing common parking facilities with other businesses within the office center, and having access to a common, interior pedestrian and delivery service, but excludes any service to a customer in a motor vehicle. Seating must be provided for all patrons and signage outside the center is prohibited. (Ord. No. 26 -91- 1491 -A, 11- 19 -91) Restaurant, convenience. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation is that of a fast -food or drive -in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle. This use may include delivery service with City Commission approval. (Ord. No. 26 -9171491 -A, 11- 19 -91) Restaurant, general. Shall mean an :establishment where the principal business is the sale of food and beverages to the customer, in a ready -to- consume state and where the design or principal method of operation consists of either of thefollowing: • Sit -down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non - disposable containers by a restaurant employee at the same table or counter at which said items are consumed; or Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property_ Catering service shall be allowed as an additional use in the SR zoning district. In either the case of sit -down or cafeteria -type restaurants, public streets, rights -of -way, and sidewalks may not be used for patio or street -side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. (Ord. No. 26 -91- 1591 -A, 11- 19 -91) Restaurant, walk -up. Shall mean an establishment where the principal business is the sale of food and beverage to the customer in a ready -to- consume state and where the design or principal method of operation is that of a storefront restaurant offering quick food service to pedestrian where orders are taken at a counter, where food is generally served in disposable wrapping or containers, and where food and beverages may be carried out or consumed at tables in a patio area on private property. This use excludes any service to a customer in a motor vehicle, but may include delivery service with City Commission approval. (Ord. No. 26 -91- 1491 -A, 11- 19 -91) Right -of -way line. Shall mean the outside boundaries of a street right -of -way, whether such right -of -way is established by dedication or by official map. Rights -of -way, official. Shall mean the designated planned right -of -way width of all arterial and collector streets as established by the city's adopted Comprehensive Plan. Sinn. NO. 5 16 �. DEFINITIONS 20 -2.3 Room. Shall mean any compartment in any building, including parlors, dining rooms, kitchens, offices, stores' rooms, living rooms, but not including halls, bathrooms, closets, pantries, storage equipment rooms and cabanas. Rooming unit. Shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping, but not for cooking or eating purposes. Rubbish. Shall mean all combustible and noncombustible waste, except garbage. School. Shall mean institutions of general education offering kindergarten through 12th grade education or some substantial portion thereof. Screen enclosure. Shall mean a frame of metal, wood or other approved structural material supporting no roof or walls, only approved insect screening, which possesses at least fifty (50) percent open area per square inch. Service station. Shall mean any building, structure or land used for the sale of vehicle fuels, oils or accessories, or for the servicing or repairing of minor parts and accessories, but not including major repair work such as motor replacement, body repair or' painting and excluding • public garages. Setback. Shall mean the horizontal distance between a building and the street right -of -way line or a side or rear property line. Shopping center. Shall mean a group of commercial establishments planned, constructed and managed as a total entity with (1) customer and employee parking provided on -site, (2) provision for goods delivery separated from customer access, (3) aesthetic considerations and (4) protection for patrons from the elements. (Ord. No. 35 -92 -1529, 12- 15 -92) Shrubs and hedges. Shall mean self - supporting, woody, evergreen species of a minimum height of two (2) feet, except as otherwise required herein, when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous solid visual screen within a maximum of one (1) year after time of planting. Spacing of plants shall be no more than two and one -half (2.5) to three (3) feet on center, depending on species. Site plan. Shall mean a drawing illustrating a proposed development and prepared in accordance with the specifications of this Code. v Small restaurant. Shall mean a restaurant as defined in this Code which contains no more than two thousand (2,000) gross square feet. (Ord. No. 19 -91 -1484, 7- 23 -91) Story. Shall mean that portion of a building, other than a basement or mezzanine, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor • next above it, then the space between such floor and the ceiling next above it. Street_ Shall mean a public roadway which affords the principal means of access to abutting properties. Supp. No. 5 17 • • • ZONING REGULATIONS 20 -3.3 Supp. Igo. 7, Revision 33 1-i H H H r-, r-i " r-, r-{ i r-i H r-i r-+ r-i H H i � H � ; r- r- r-, r-i CD cd 0w Q-4 C4 Q-4 ��,pggN1-- 4,aa PL, aa,aaa cnrncncnp., �F.,p cncnP -, F,O aaa aaaa a mmP, ® oxaaaaa cc aaaaa.,4,4, cncn a co04J aaa a, p� ryaaaa ! 4 �coGO cn cn p C!n Cn cn N p GO M UZ Fi O o N H Go O m Id W C H O O 0 Cq 4� O o rvTs U H 5U ca 1 ca � ( O 4l O G� Cn U] Id o Ld 1-� I a3 a, to 0 H o yo cC Q, yWy y o N A _N U O G'i O Ca H � .dj � fi CO H rO, �y O p Cn H � � V (,..�' �i O � CO O ca cn (D C, CE �0 d b) CO H p, � U � cd , CJ3 O Z �] � aD 3 G 3 as bjD +� � O a' A) 0 0 OH 0 m v +' a) Cd u, Cd �n cd a a a a w w a U) a a a V z o a, a; a� a� P4 Supp. Igo. 7, Revision 33 • • • 20 -3.3 SOUTH ML4MI LAND DEVELOPMENT CODE Supp. No. 7, Revision 34 U b 0 L" O a> b 0 U O 0 N a 0 a) U m cD i LO ri 0 O raU 0 N 0 b 00 ca 71 m c� 0 b O .a m rn b m W Y R C, 0 0 ro ai a-� C� a> 0 O �-'l N ,-i -j N -j j U O A a � E-4 E- ,OAgQ•� CC E--i O g q 64 ti r a �n a a a a cr m c n a a �F,ogq b P.,ma, aav� a tiogq p -, aacn a tbr4a a aacn a p4 rna4 P4aa.4cn a P-4 �O u, o rd C3 d 0 a> U U1 Cd ai ai hi � ai 0 .42 J cn co Go cd 70C' P4 ai id 0 r , Q) 4-3 r0 V o � .O R'' a! ,fpp] o � a, o CnO Co Co ��vvQ t-+ t { rte- r� �D �D � Supp. No. 7, Revision 34 U b 0 L" O a> b 0 U O 0 N a 0 a) U m cD i LO ri 0 O raU 0 N 0 b 00 ca 71 m c� 0 b O .a m rn b m W Y R C, 0 0 ro ai a-� C� a> 0 O • ZONING REGULATIONS 20 -3.4 special use permit, as provided herein, shall only be granted if the city commis- sion affirmatively finds, in its discretion, that the application meets the criteria (a) through 0) listed above and further affirmatively finds that the application preserves and enhances, to the maximum extent possible, based upon the merits of the landscaping and drehitectural plans submitted, the residential character of the RO property as it relates to the surrounding neighborhood. In the making of the above finding, the city commission may consider, among other evidence presented, the testimony of affected neighboring property owners. (16) ACCESSORY RETAIL AND SERVICE USES. Within any permitted principal building in LO or MO districts, accessory retail or service uses may be permitted provided that: (a) Such uses are located entirely within the principal building for the convenience of the occupants of or visitors to the principal use; (b) Such uses do not occupy more than ten (10) percent of the gross floor area of the principal building in which located; and (c) Such uses shall not have any signs or advertising visible from outside the principal building. (17) RESIDENTIAL USES WITHIN RESIDENTIAL, OFFICE DISTRICTS. Within any Residential Office "RO" district, single - family residential uses shall be permitted subject to the dimensional requirements of the RS -4 Single - Family Residential district. (18) ACCESSORY MEDICAL SERVICES (a) Facilities may be permitted only in conjunction with an approved hospital use and located on hospital premises. (b) Facilities may be provided in the form of a trailer unit which is periodically located for a specified length of time as determined by the city commission on an approved site and conforms to all applicable codes. (c) Only one trailer unit may be permitted per each approved, specially permitted hospital use. (d) Only those services that are not already provided by the hospital facility and which is for the sole use of the hospital staff and patients may be permitted. (e) No vehicular ingress nor egress shall be permitted along streets or rights -of -way bordering residential zoning districts in the City of South Miami. (f) The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including but not limited to traffic circulation, landscaping, facility placement, access and facility arrange- ment for this special use permit. SMALL RESTAURANT (a) Small restaurants must be located within two hundred (200) linear feet of a municipal parking lot. Supp. No. 7 47 • 20 -3.4 SOUTH MIAMI LAND DEVELOPMENT CODE (b) The on -site parking on small restaurant premises must be used for customers only; employees and management must park in off -site parking. (c) Required parking must be on -site. (d) Small restaurants may only serve alcoholic beverages to any given patron in combination with food both prepared and served on the premises. (20) MOBILE AUTOMOBILE WASH/WAX SERVICE (a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m. on Monday through Saturday only. No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner, which does not impede the flow of traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of- way. No mobile service vendor shall station itself within one hundred (100) feet of a residential zoning district; however, this restriction shall not apply to mobile carwash vendors operating in residential districts and servicing the primary residents. (b) All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. (c) No property owner may permit mobile carwash services to operate on their property for longer than two (2) hours, or operate on site more than two (2) times per week. (d) No signage, other than normal commercial graphics painted upon the actual mobile service vehicle, shall be permitted, except as provided for in (e) below. (e) With special use approval, exception to (c) above may be made for mobile service vendors who are stationed within approved parking structures. No exterior signage visible from a public street shall be permitted for locations within parking structures. (f) Mobile service vendors must operate from four -wheel motorized vehicles regis- tered in the State of Florida. (e) No steam - cleaning, solvents, and/or degreasers may be used. (f) No run -off into catch basins is permitted. (g) If soap is used, any run -off must be negligible and contained on private property. (2 1) ANIMAL HOSPITAL/VETERINARIAN (a) All such uses shall be located within a fully enclosed, air - conditioned, soundproof structure. (b) There shall be no overnight boarding of animals except for medical purposes. 5upp_ No. 7 48 • • • 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 V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a 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 matter of CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING NOVEMBER 6, 2008 in the XXXX Court, was published in said newspaper in the issues of 10/24/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade 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 mail 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 for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before �tN, 24 day of OCTOBER , A.D. 2008 (SEAL) V. PEREZ personally known to me Y 1. ;-4oiory PijtAc State of Flands C:n „yl I.1 M rner t� gr >len D[)71,4 CITY of F. 56UTn Meg a ®-r to ®1F. �UBLoc. HEARING IOTICE IS HEREBY given that the Ctty Commission of the_City of South Miami, : °FloricJa will` conduct : `,Public °'Hearings= at its "'regular, `' :City Nove_ ber_6, 2008 :nmmtcsion ineetina- scheduled for..Thursday,_ _ Drive, to consider the following items AN ORDINANCE OF THE CITY iz SOUTH' MIAMI FLORIDA, AMENDINGFTRE CODE OF ORDINANCES `BY PROHIBITING= NARCOTICS RELATED LOITERING 'PROVIDING FOR ENFORCEMENT OF,4NFRACTIONS ANDS FOR RELATED PROCEDURESAND PROVISIONS AMENDING CHAPTER 15 ''OF .THE CODE OF ORDINANCES ENTITLED OFFENSES , AND MISCELLANEOUS PROVISIONS TO INCLUDE SECTION.153,._ENTITLED• NARCOTIC RELATED LOITER =: 1NG OVIDIN G FOR.SEVERABIL(TY, .PROVIDING FOR INCL "USION IN THE COPE: PROVIDING. FOR AN: EFFECTIVE.., ` DATE r "^ °DANGEROUS INTERSECTION .:SAFETY HtUULA t 1Urv6 ; ;PROVIDING 'FOR'. RECORDED. fNIA GE MONITORING AND ENFORCEMENT OF RED: LIGHT?'tNFRACTIONS SAND FOR RELATED PROCEDURES; AND :PROVISIONS AMENDING'. CHAPTER 15 OF..JTHE CODE OF ORDINANCE$, ENTITLED FOR ING. AND PROVIDINO"FOR'AREFFECTIVE DATE - x, AN ORDINANCE 16F. THE MAYOR AND CITY COMMISSION OF- THE` *C17Y OF SOUTH MIAMI,; FLORIDALRELATING TO SMALL�.,RESTAURANTS -BY AMENDING LAND DEVELOP- ' N1ENT CODE SECTION 20 2 3 IN ORDER TO REMOVE THE :DEFINITION OF:'fSMALL"- RESTAURANT :`AMENDING; THE' `PERMITTED USE SCHEDULE SECTION 20 3:3(D) TO "`REMOVE SMAE`URESTAURANTrAS ASPECIAL USE IN ALL" ZONING= DISTRICTS AMENDING SPECIAL USE CONDI . TIONS "` SECTION 20 3.4(B) IN ORDER TO :REMOVE SUB = SECTION. .(19) ENTITLED" SMALLt RESTAURANT:' PROVIDING :FOR SEVERABILITY PROVIDING.- FOR ORDINANCES IN CONFLICT' AND PROVIDING AN EFFEC- TIVE DATE If you have anyinquines on.the above Items please contact the City Clerk's office at 305- 663 -6340 ALL Interested parties are invited to atterid and will be heard Mana M Menendez CMC City Clerk Pursuant.to Florida Statutes 286.0105, the City hereby advises the public: that' if 'a person decides to appeal, any decision made by this Board Agency o .Cbrrmisstori'Vith respect to any matter considered at its,. meeting :or hearing, he or she will .need a record of'the.proceedings, acid thaYtor_such purpose, affected.person may need to..ensure that,6 verbatim recordbf'the proceedings is made which .record includes the testimony and evidence upon.which the appeal is p? be based - . 10724 •„ : - . 08 -3 82/1107460M ' All y T v q rn 0 0 N IY GO Z N C N @ 0 cEa a� 2 0 Z �E o a d _ t3 d) > ' U rA U Q co 0 N N C) 0 W NX ca GO N E a> Z a bi Q c > E o I- 7 Z. do _O 1 0 N p Q � U) U d� P ♦paw • 00 CD 0 V 0 305.772.5095 CELL AVIGNON IN THE GABLES 2401 Anderson Road Unit 2 Gorgeous 1,7750 212 -5 unit w/ den. TODD sf private terrace. Fully upgraded! $849,000 i vc GABLES BY THE SEA 1140 San Pedro Ave 1 DO' on the water! No bridges to Bay! $2,495,000 HAMMOCK LAKE 4995 Hammock Lake Drive Special lakefront acre. Custom build your dream home! $3,495,000 305.772.5095 CELL 305.666.6802 DIRECT alyse Oalysemessinger.com Vad some opinion wi i your omelet ?" ?vrnitttsx €" Er,nsr rab E,xaket,ct assn T°ne ht; V, I -k"Ad, dt fi,e.d, 1- 804.441 -0444 � 0 CITY OF SOUTH MIAMI NOTICE TO THE PUBLIC ALL INTERESTED PARTIES PLEASE TAKE NOTICE THAT the City Commission meeting scheduled for Tuesday, November 4, 2008 has been rescheduled for Thursday, November 6, 2008 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, South Miami, Florida. For further information please contact the City Clerk's office at 305- 663 -6340. Maria M. Menendez, CIVIC City Clerk City of South Miami 0 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Thursday, November 6, 2008 beginning at 7:30 p -m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY PROHIBITING NARCOTICS RELATED LOITERING; PROVIDING FOR ENFORCEMENT OF INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS;" TO INCLUDE SECTION 15-3, ENTITLED "NARCOTIC RELATED LOITERING; ". AN ORDINANCEAMENDING THE CITY CODE OF ORDINANCES BY CREATING THE "DANGEROUS INTERSECTION .SAFETY" REGULATIONS, PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES ENTITLED 'OFFENSES AND MISCELLANEOUS PROVISIONS, TO FACILITATE USE OF CODE - ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION SAFETY; AND AMENDING CHAPTER 2 SECTION 2 -25(L) ENTITLED "SCHEDULE OF FINES ". AN ORDINANCE RELATING TO SMALL RESTAURANTS BY AMENDING r LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO REMOVE THE DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL RESTAURANT AS A SPECIAL USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION 20- 3.4(B) IN ORDER TO REMOVE SUB - SECTION. (19) ENTITLED SMALL RESTAURANT. If you have any inquiries on the above Items please contact the City Clerk's office at 305- 663 -6340 ALL Interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuam ro Reach statutes 25a.o105. n¢ any hmby ed— me pINm mat n a penon detl n to appeal aaydeasroa made nr vac 9oara,apercy a eomm'sapn..an rasped m enr roanvmnswerad ants maebap m naam,q, hem she -1-6. record W ttre proceedmps, arN mat for such napptt. aneded perm mar need ro e�aa that. Kmatm, 2pprd pf me maseedngs n made me tecbmmry and evkeMe uppn M,kh Me appeal is to be based. EDUCATION SCHOOLS, FROM 24 Friday of every month. Slices are $1. Pinecrest Academy: 15130 SW 80th, Miami. 305- 386 -0800. e Fall Harvest Carnival: You can buy an unlimited rides bracelet for $30 at the Carnival. In addi- lion, there will be a live DJ, fun ( games, carnival booths and great food; 11 a.m. to 5 p.m. Sat- ; urday;. Princeton Christian Academy: Accepts applications for the 2008 -2009 school year. Before- ; and after - school -care programs i available. Accredited by the Florida Association of Christian Colleges and Schools (FACCS), the Southern Association of Colleges and Schools (SACS) and the Commission on Interna- 1 tional and'. Trans - regional Accreditation (CITA). Offers sports, computer tab and other electives; 24795 SW 134th Ave., 'Princeton. 305- 257 -3644 or pri ncetonchristian.org. ;Pro -Kids Learning Center: Accepts applications for enroll- ; ment for children be the ages of 3 months and 5 years. The program is structured by the A Beka curriculum. Also offers after- school care for school -age children and accepts Voluntary Pre -K (VP,K) and Child Development Ser- vices programs; 2050 NE Eighth St., Homestead. 305- 246 -5437. Rainbow Christian Academy: Open enrollment. Open House tours are at 9 a.m. every Tues- day morning or by request. Offers academics, sports and music; 22940 Old Dixie Hwy., Goulds. 305 -25B -0194. Sacred Heart Catholic School: Open enrollment for pre -k through eighth grade; 300 SE First Dr., _ Homestead. 305- 247 -2678. School for Advanced Studies North: Eleventh and 12th grade public senior high school offered on the Kendall, North and Wolfson campuses of Miami Dade College. Students can take high school and college -level courses: e Miami Dade College Kendall Campus, 1101 SW 104th St., room T -706, Kendall. 305- 237 -0510. e Miami Dade College Home- stead Campus, 500 College Ter., Homestead. 305- 237 -0510. e Miami Dade College North Dade Campus: 11380 NW 27th Ave., Ste, 1111, North Miami. 305- 237 -1089. e Miami Dade College Wolfson Campus, 25 NE Second St., Miami. 305- 237 -7270. Smart Start Early Childhood Enrichment Center: Open enrollment for children 5 and under. Open 6:30 a.m. -6 p.m., 47 NW 16th St., Homestead. 305- 246 -0909. Smart Starts Day School: Offers yearlong, bilingual preschool for kids up to age S. Features certi- fied teachers, Spanish classes, A Beka curriculum, computer access, before and after - school programs and Internet cameras, accessible from anywhere, for parents to watch their kids in class. Ongoing registration, lim- ited enrollment, school visits available, free Voluntary Pre -K (VPK) for 4- year -olds accepted. Locations include 8445 Sunset Dr., Kendall; 9025 Sunset Dr., Kendall; 1101 SW 12th Ave., Miami; and 7450 W. Fourth Ave., Hialeah. 305 -596 -3383 or s ma rtsta rtsda ysch ool.co m. Somerset Academy Charter School: Accepting applications for the 2008 -2009 school year. Offers low student -to- teacher ratio, full -time teacher assis- tants. FCAT tutoring, before - and after - school care programs and multiage learning environ- ment; 18491 SW 134th Ave., South Miami - Dade. 305- 969 -6074. Southwood Middle School's Visual and Performing Arts Magnet Program: offers tours every Monday by appointment only. Call 305 -251 -5361 ext. 2209 to schedule a tour; through Jan. 5; 16301 SW 80th Ave., Southwest Miami -Dade. 305- 251 -5361. St. Matthew's Cooperative School: Accepting registration for the 2008 -2009 school year. Co -op program with a certified teacher and parental participa- tion in the educational program. Designed for kids 3 -5 years old. Small classroom environment. Enrolling for Voluntary Pre -K program (VPK); 7410 Sunset Dr., South Miami. 305- 661 -1287. St. Paul Lutheran School: Open enrollment for pre -K through eighth grade. Offering a phonics based reading curriculum for preschool and elementary stu- dents and an integrated student centered curriculum for middle school. Extra curricular activi- ties include sports, karate, gym- nastics and French; 10700 SW 56th St., South Miami. 305- 271 -3109 or www.stpaul- lutheranschool.org. St. Philip's Episcopal Church: 1142 Coral Way, Coral Gables. 305- 444 -6176. o Admission Open Houses are on Dec. 3 and Jan. 14. All ses- sions will be at 10 a.m. The aca- demic program at the school is commited to character devel- opment for nursery through sixth grade students. E.W.F. Stirrup Elementary: Accepts application for the math - science - aerospace mag- net program for the 2008 -2009 school year. Students should be entering fourth or fifth grade; 330 NW 97th Ave., Sweetwater. 305- 226 -7001. CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM South Miami All- America City 1I I I r zoos To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager ° From: Sanford A. Youkilis, Acting Planning Director Date: November 18, 2008 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20- 3.3(D) PERMITTED USE SCHEDULE TO MAKE MOBILE AUTOMOBILE WASH/WAX SERVICE A PERMITTED USE IN ALL USE DISTRICTS IN WHICH IT IS CURRENTLY LISTED AS A SPECIAL USE; BY DELETING SECTION 20- 3.4(B)(20) SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASHIWAX SERVICE; BY CREATING SECTION 20- 3.6(V) TO BE ENTITLED "SPECIAL REQUIREMENTS FOR MOBILE , AUTOMOMOBILE WASH /WAX SERVICE "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE BACKGROUND 40 The Mayor recently requested the Planning Department to re- evaluate the Land Development Code regulations currently applicable to mobile automobile wash /wax service. A number of small business persons have approached the Mayor advising that the current regulations governing mobile automobile wash /wax services were very restrictive and actually discourages the location of this type of service in the City. CURRENT REGULATIONS The LDC permits a mobile automobile wash /wax service as "S" special uses in all office, retail, TODD, and Hospital zoning districts. Each proposed use must be approved via the special use process, requiring public hearings before the Planning Board and City Commission. In addition, Section 20 -3.4 (20) (attached) sets forth a number of pre - conditions which a proposed mobile automobile wash /wax service must adhere to. LEGISLATIVE HISTORY The City Commission on May 7, 1991 adopted Ordinance No. 15 -91 -1480 (attached) permitting for the first time, automobile wash /wax services as a Special Use in the LO,MO,NR, GR, I (Todd) and H zoning districts. Most of the pre- conditions in effect now were also established. In 2001 this section of the Code was examined again and additional pre - conditions were added, mobile automobile wash/wax services could locate in RO and SR districts, and mobile automobile wash /wax services were allowed in parking garages as a permanent location. This was adopted by the City Commission on October 2, 2001 (Ord. No.21- 01- 1.752). In December of 2001 a mobile automobile wash /wax service in the SR Hometown District, specifically at the Shops Parking Garage was approved by Resolution No.] 98-01-11346. This is only mobile automobile wash /wax service on record ever approved in the City. STAFF OBSERVATIONS (1) The requirement that each mobile automobile wash /wax service must be approved by a special use process is • impractical and overly restrictive, which is evident by the fact that there are no mobile automobile wash /wax services legally allowed in the City at present. A mobile automobile wash /wax service under special use approval 2 can only operate within the allowable zoning district which was approved for. This actually conflicts with the concept that this use is to be mobile. A mobile automobile wash /wax service should become a "P" permitted use in all of the same commercial zoning districts where it is currently allowed as a special use. (2) As special use a mobile automobile wash/wax service is currently subject to very restrictive requirements in Section 20 -3.4 (20) which are pre -set special use conditions. These include: • Limitation on hours of operation; • Can only operate on private property; • Must have private property owners permission to operate; • Can not operate within 100 feet of a residential zoning district; • Can not operate on any one site for more than 2 hours and no more than two times per week; (exception is allowed for operating in parking garages) • No signage, no steam - cleaning, no solvents or degreases. The restrictions as written protect nearby properties from any adverse impact caused by the mobile automobile wash/wax service. The restrictions should be continued as being applicable to any mobile automobile wash/wax service which would be allowed as a permitted use. This can be done by relocating these restrictions to another section of the LDC which would be Section 20- 3.6(V) to be entitled "Special requirements for mobile automobile wash/wax service ". These restrictions would have to be followed by the any mobile automobile wash/wax service which receives an occupational license. (3) If it is the City's objective to allow this type of small business as a convenience to citizens using commercial areas, two amendments to the LDC as shown below are required. •SPECIFIC LDC AMENDMENTS In order to change the mobile automobile wash/wax service from a Special Use to a "P" Permitted Use an amendment to the Permitted Use Schedule must be made; and the pre- conditions relocated into another section of the Code (see attached draft ordinance). PLANNING BOARD ACTION The Planning Board at its October 28, 2008 meeting conducted a public hearing on the proposed amendment and then failed to adopt a motion to approve the proposed amendment by a vote a vote of 2 ayes (Mr. Farfan, Ms. Chael) 4 nays. RECOMMENDATION It is recommended that the proposed amendment as shown in attached draft ordinance be approved on first reading. Attachments Draft ordinance Location Map: Districts that allow Mobile Wash Planning Department Staff Report 10 -28 -08 Planning Board Minutes Excerpt 10 -28 -08 LDC Section 20 -3.4 (20) Ord No. 15 -91 -1480 Ord. No.21 -01 -1752. Public Notices • SAY X: \Comm Items\2008\1 1-1 8-08\LDC Amend Amend Car wash. CM Report.doc I ORDINANCE NO. • 2 3 AN ORDINANCE OF THE _MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY 5 AMENDING SECTION 20- 3.3(D) PERMITTED USE SCHEDULE TO MAKE MOBILE 6 AUTOMOBILE WASHIWAX SERVICE A PERMITTED USE IN ALL USE DISTRICTS 7 IN WHICH IT IS CURRENTLY LISTED AS A SPECIAL USE; BY DELETING SECTION 8 20- 3.4(B)(20) SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE 9 WASH/WAX SERVICE; BY CREATING SECTION 20- 3.6(V) TO BE ENTITLED 10 "SPECIAL REQUIREMENTS, FOR MOBILE AUTOMOMOBILE WASHIWAX 11 SERVICE "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 12 CONFLICT; AND PROVIDING AN EFFECTIVE DATE 13 14 15 16 WHEREAS, the LDC permits a mobile automobile wash/wax service as "S" special uses 17 in all office, retail, TODD, and Hospital zoning districts requiring each proposed use to be 18 approved via the special use process, requiring public hearings before the Planning Board and City 19 Commission; and 20 21 WHEREAS, LDC Section 20 -3.4 (20) sets forth a number of pre- conditions and 22 requirements which a proposed mobile automobile wash/wax service must adhere to; and 23 24 WHEREAS, a number of small business persons have approached the Mayor advising that 25 the current regulations governing mobile automobile wash/wax services were very restrictive and •26 actually discourages the location of this type of service in the City; and 27 28 WHEREAS, the Planning Department recommended that the Permitted Use Schedule 29 should be changed to allow mobile automobile wash/wax services as a "P" Permitted Use instead of 30 the current "S" Special Use and that all of the pre- conditions and requirements set forth in the 31 special use section for this use should continue to be applicable to mobile automobile wash/wax 32 services ;and 33 34 WHEREAS, the Planning Department prepared a proposed amendment which implements 35 the changes discussed above; and 36 37 WHEREAS, the Planning Board at its October 28, 2008 meeting, after public hearing, 38 expressed concern that there would be a proliferation of mobile automobile wash/wax services in 39 the City; the Board then failed to adopt a motion to approve the proposed amendment by a vote a 40 vote of 2 ayes 4 nays; and 41 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 44 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 45 46 Section 1. That Section 20- 3.3(D) entitled " Permitted Use Schedule" of the Land Development 47 Code is hereby amended as follows: 48 49 . 51 51 52 53 54 55 1 • • • 2 Section 20 -3.3 (D) Permitted Use Schedule 2 BUSINESS AND PROFESSIONAL SERVICES 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Mobile Automobile WashAVax Service 9 && 9 S ZONING 9 & DISTRICT & 20 N R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A D D D D D N R USE TYPE D D D D D D K M M L P P LY) U U I I R 4 5 4 2 BUSINESS AND PROFESSIONAL SERVICES 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Mobile Automobile WashAVax Service 9 && 9 S 9 & 9 & 20 N P P P P P S P P P P See Sec 20- 2 3_6 _ LY) Section 2. That Section 20- 3.4(B)(20) MOBILE AUTOMOBILE WASIPWAX SERVICE is hereby removed from the special use requirement section and place it in a new Section 20- 3.6(V) to be applicable to all mobile automobile wash/wax service wherever they are located as a permitted use. Section 3 That Section 20- 3.6(V) is hereby created to read as follows: Section 20- 3.6(V) SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASH/WAX SERVICE. (a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m. on Monday through Saturday only. No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner, which does not impede the flow of traffic in public streets or rights-of-way nor block pedestrian access to public streets or rights -of -way. No mobile service vendor shall station itself within one hundred (100) feet of a residential zoning district; however, this restriction shall not apply to mobile carwash vendors operating in residential districts and servicing the primary residents. (b) . All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. C) No property owner may permit mobile carwash services to operate on their property for longer than two (2) hours, or operate on site more than two (2) times per week. 3 (d) No signage, other than normal commercial graphics painted upon the actual mobile service vehicle, shall be permitted, except as provided for in (e) below. (e) An exception to (c) above may be made for mobile service vendors who are stationed within approved parking structures. No exterior signage visible from a public street shall be permitted for locations within parking structures. (f) Mobile service vendors must operate from four -wheel motorized vehicles registered in the State of Florida. (g) No steam - cleaning, solvents, and/or degreasers may be used. (h) No run -off into catch basins is permitted. (i) If soap is used, any run -off must be negligible and contained on private property. Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 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. Section 6 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: day of , 2008 APPROVED: CITY CLERK MAYOR l5t Reading — 2" a Reading — READ AND APPROVED AS TO FORM: CyVW&NIT40 to] _.14LNIW1 X: \Comm Items \2008 \11- 18- 08\LDC Amend Car Wash Ord.doc COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: To: Honorable Chair and Date: October 28, 2008 Planning Board Members From: Ricardo Soto -Lopez MUP/ Re: LDC Amendment- Mobile Car Wash Planning Director PR -O8 -033 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20- 3.3(D) PERMITTED USE SCHEDULE TO MAKE MOBILE AUTOMOBILE WASHIWAX SERVICE A PERMITTED USE IN ALL USE DISTRICTS IN WHICH IT IS CURRENTLY LISTED AS A SPECIAL USE; BY DELETING SECTION 20- 3.4(B)(20) SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASHIWAX SERVICE; BY CREATING SECTION 20- 3.6(V) TO -BE ENTITLED "SPECIAL REQUIREMENTS FOR • MOBILE AUTOMOMOBILE WASHIWAX SERVICE "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE BACKGROUND The Mayor recently requested the Planning Department to re- evaluate the Land Development Code regulations currently applicable to mobile automobile wash/wax service. A number of small business persons have approached the Mayor advising that the current regulations governing mobile automobile wash /wax services were very restrictive and actually discourages the location of this type of service in the City. CURRENT REGULATIONS The LDC permits a mobile automobile wash/wax service as "S" special uses in all office, retail, TODD, and Hospital zoning districts. Each proposed use must be approved via the special use process, requiring public hearings before the Planning Board and City Commission. In addition, Section 20 -3.4 (20) (attached) sets forth a number of pre- conditions which the proposed mobile automobile wash /wax service must adhere to. These include: • Limitation on hours of operation; • Can only operate on private property; • Must have private property owners permission to operate; • Can not operate within 100 feet of a residential zoning district; • Can not operate on any one site for more than 2 hours and no more than two times per week; (exception is allowed for operating in parking garages) • No signage, no steam - cleaning, no solvents or degreases. . LEGISLATIVE HISTORY The City Commission on May 7, 1991 adopted Ordinance No. 15 -91 -14880 (attached) permitting for the .first time, automobile wash/wax services as a Special Use in the LO,MO,NR, GR, I (Todd) and H zoning districts. Most of the pre- conditions in effect now were also established. In 2001 this section of the Code was examined again and additional pre- conditions were added, mobile automobile wash /wax services LDC A»7endment October, 2008 Page 2 of 3 is could locate in RO and SR districts, and mobile automobile wash /wax services were allowed in parking garages as a permanent location. This was adopted by the City Commission on October 2, 2001 (Ord. No.21 -01- 1752).' • In December of 2001 a mobile automobile wash /wax service in the SR Hometown District, specifically at the Shops Parking Garage was approved by Resolution No.198 -01- 11346. This is only mobile automobile wash /wax service on record ever approved in the City. STAFF OBSERVATIONS (1) The requirement that each mobile automobile wash /wax service must be approved by a special use process is impractical and overly restrictive, which is evident by the fact that there are no mobile automobile wash /wax services legally allowed in the City at present. A mobile automobile wash /wax service under special use approval can only operate within the allowable zoning district which was approved for. This actually conflicts with the concept that this use is to be mobile. A mobile automobile wash /wax service should become a "P" permitted use in all of the same commercial zoning districts where it is currently allowed as a special use. (2) As special use a mobile automobile wash /wax service is currently subject to very restrictive requirements in Section 20 -3.4 (20) which are pre -set special use conditions. The restrictions as written protect nearby properties from any adverse impact caused by the mobile automobile wash /wax service. The restrictions should be continued as being applicable to any mobile automobile wash/wax service which would be allowed as a permitted use. This can be done by relocating these restrictions to another section of the LDC which would be Section 20- 3.6(V) to be entitled "Special requirements for mobile automobile wash/wax service ". These restrictions would have to be followed by the any mobile automobile wash /wax service which receives an occupational license. (3) If it is the City's objective to allow this type of small business as a convenience to citizens using commercial areas, two amendments to the LDC as shown below are required. SPECIFIC LDC AMENDMENTS (1) In order to change the mobile automobile wash /wax service from a Special Use to a "P" Permitted Use the following amendment must be made: Section 20 -3.3 (D) Permitted Use Schedule BUSINESS AND PROFESSIONAL SERVICES Mobile Automobile Wash/Wax Service S S S S& ZONING S S DISTRICT S il- 0 N R L M N S G T T T T T H P P C P O O O R R R O 0 0 0 0 I R O A D D D D D N R USE TYPE D D D D D D K M M L P "P U U I I R 4 5 4 BUSINESS AND PROFESSIONAL SERVICES Mobile Automobile Wash/Wax Service S S S S& S S S S S il- 0 N P P P P P P P P P P see — — — — — — — — — — Sec 20- 3_6 LDC Amendment October, 2008 Page 3 of 3 is (2) Relocate Section 20 -3.4 (20) MOBILE AUTOMOBILE WASH /WAX SERVICE from the special use requirement section and place it in a new section applicable to all mobile automobile wash /wax service wherever they are located as a permitted use. SECTION 20- 3.6(V) "SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASHIWAX SERVICE ". (a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.1n. on Monday through Saturday only. No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express pennission of the owner thereof and in a manner, which does not impede the flow of traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of- way. No mobile service vendor shall station itself within one hundred (100) feet of a residential zoning district; however, this restriction shall not apply to mobile carwash vendors operating in residential districts and servicing the primary residents. (b) All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. C) No property owner may ' permit mobile carwash services to operate on their property for longer than two (2) hours, or operate on site more than two (2) times per week. (d) No signage, other than normal commercial graphics painted upon the actual mobile service vehicle, shall be permitted, except as provided for in (e) below. (e) , An exception to (c) above may be made for mobile service vendors who are stationed within approved parking structures. No exterior signage visible from a public street shall be pennitted for locations within parking structures. (f) Mobile service vendors must operate from four -wheel motorized vehicles registered in the State of Florida. (e) No steam - cleaning, solvents, and /or degreasers may be used. (f) No run -off into catch basins is permitted. (g) If soap is used, any run -off must be negligible and contained on private property. RECOMMENDATION It is recommended that the proposed two amendments as shown above be approved. Attachments: LDC Section 20 -3.3 (D) LDC Section 20 -3.4 (20) Ord No. 15 -91 -14880 (Ord. No.21 -01- 1752). Public Notices RSUSAY X: \PB \PB Agendas Staff Reports\22008 Agendas Staff Reports \10- 28- 08 \PB -08 -033 LDC Amend Car Wash.doc SSOU -1, 04 tf EY U INCORPORA&�- 1927 ORY CITY OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes Tuesday, October 28, 2008 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:38P.M. The Pledge of Allegiance was recited in unison. i II. Roll Call I Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Farfan, Mr. Cruz, Ms. Young and Ms. Chael. Absent: Mr. Comendeiro • City staff present: Ricardo Soto - Lopez, (Planning Director), and Sanford A. Youkilis (Consultant), and Lluvia Resendiz (Zoning Tech). III. Planning Board Applications/Public Hearing PB -08 -031 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20- 3.3(D) PERMITTED USE SCHEDULE TO MAKE MOBILE AUTOMOBILE WASH/WAX SERVICE A PERMITTED USE IN ALL USE DISTRICTS IN WHICH IT IS CURRENTLY LISTED AS A SPECIAL USE; BY DELETING SECTION 20- 3.4(B)(20) SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASH/WAX SERVICE; BY CREATING SECTION 20- 3.6(V) TO BE ENTITLED "SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASHIWAX SERVICE "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Ms. Yates read the item into the record. Action: Mr. Youkilis advised that the Mayor requested that the Planning Department consider amending Section 20 -3.3 (D) Permitted Use Schedule to allow an automobile wash /wax services as a use permitted by right. The current legislation adopted in 1991 allows for automobile wash/wax services as a special use in any zoning district that is listed in most of the commercial zones. Most of the existing preconditions in the.LDC are also summarized in the report. In December 2001 only one automobile wash /wax service was approved. The staff observed that approving the automobile Planning Board Meeting October 28, 2008 Page 2 of 3 • wash /wax service by a special use process is impractical and overly restricted because an applicant must go through the special use approval for each zoning district. Staff is recommending that the "S" be changed to "P" with the same conditions be approved. Mr. Morton questioned if they would have to get an occupational license under the current permitted use. Mr. Youkilis replied that applicants must have an occupational license after the special use approval. Mr. Morton questioned if there was a way to limit the amount of car wash businesses within the City. Mr. Youkilis advised that they would be required to abide by the regulations which are strict. Mr. Morton then stated that without limits there will be too many car wash /wax businesses around South Miami. The fact that an applicant will not be required to go through the special use approval will provide for unlimited number of car washes to conduct business in the City. By not approving this amendment the Board will continues to be in the position of determining if a special use should be granted. Mr. Morton further added that this can get out of hand that there will be no control over it. Mr. Youkilis replied that there have not been many applications for car washes and getting approval for every single zoning district is not practical. Mr. Cruz questioned if staff considered the effect the text amendment will have on parking. He questioned how the Planning Department will ensure that it will not be the same vendor will not operate several war washes under different names. Mr. Soto -Lopez stated that the issue was that working class people were trying to make living in a car driven society. Staff did not propose the text amendment, the Mayor proposed the text amendment. Ms. Chael stated that she has had personal experience in her neighborhood where a neighbor was washing cars. She sees no problem with hiring a mobile car service. She expressed that a mobile car wash was not harmful even in a residential areas. Mr. Cruz stated that there is a parking problem already and by limiting to two hours per company may create more problems. He stated that he does not want to create loop holes. Mr. Soto -Lopez replied that that how Mr. Cruz felt was based upon his own a personal circumstances. Mr. Soto - Lopez restated that there are a lot of working class people who are trying to make a living in a car driven society. Mr. Cruz replied that it was not his personal feeling because he frequents downtown South Miami and always finds it difficult to find a parking. Mr. Soto -Lopez stated that he recognized Mr. Cruz using valet parking all the time. Chairman Morton opened the Public Hearing. Name Address Position Sharon McCain Oppose Ms. McCain opinioned that the Mayor proposed the text amendment because several businesses are currently providing car washes as an extra service. She stated that the City cannot put this extra burden on Code Enforcement which only has three officers monitoring the entire City. She requested that the City Attorney provide clarification in that the tenant should be required to obtain permission from the property owner in order to perform additional services. She further recommended that the Board should require a lessee wanting a car wash service to be required to obtain a letter from the property owner granting them permission to apply for the special use. In other words Ms. McCain stated that it should be left up to the property owner. She further added . that the City will encounter problems with the conditions set down in the report. Code Enforcement Planning Board Meeting October 28, 2008 Page 3 of 3 • will receive constant calls due to the conditions. She finalized by indicating that there must be some criteria otherwise Code Enforcement will be overloaded with calls. Chairman Morton closed the Public Hearing. Motion: Mr. Cruz moved to deny the text amendment as recommended by staff. Motioned failed due to a lack of second Motion: Mr. Farfan moved to approve the text amendment as recommended by staff. Ms. Chael seconded. Vote: 2 Ayes 4 Nays (Mr. Cruz, Ms. Young, Mr. Morton and Ms. Yates) The motion failed of passage. • XAComm ltems\2008 \11- 18- 08 \PB- Min- 10 -28 -08 Excerpt Car Wash.doc • 20 -3.3 SOUTH MIAMI LAND DEVELOPMENT CODE • 1r� u Supp. No. 9 30.4 ,-, o o ,-+ o -+ . 4 o o -+ -1 o ,-, � N ax ' a� x cn a a E-4Oggax H hOq qa - cn Ah0 a,cnaa a44 4, PL, aaaaaaacnaa., to �hogq��a aa aa, aaa.,aaaaaa as E--, Tarawa as 4,4, aaaaaaa as N t� zn a, a a toP4acnaa as aaa, as a,a P. fa, o P -,maa as acrlma a.,aaa aaa No PL, cna,III P-1 P-4 arncoa aaa.a, aaa, xo cnaa, as a a,aa a W a) V1 U a) U 00 O cd H (1) OO — r4' (� CPO ,"�, .F• ,L'i [i] U a) rl a3 ai o o ° o a`ni P o° to cd 0 C3 C3 " bb d p� O �y Uif+ � O +�- 0 U m U1 N ao ao Q cd W O G ca .0 O O U) o . H ca 0 0° .p r�r+ •H U a 0 O cd Gd cd N hp ii O a a C9 � ''d rn O y Ci Cd Cd 0n 7Ui W m `�' o + rn P., �, , ;>, � rd a U U1 m O o v � o R. R. .d .4 A rn � � cd 0) a) a) a) Z O O O a a a a a P, a a a cY Supp. No. 9 30.4 • 20 -3.4 SOUTH MIAMI LAND DEVELOPMENT CODE (b) The on -site parking on small restaurant premises must be used for customers only; employees and management must park in off -site parking. (c) Required parking must be on -site. (d) Small restaurants may only serve alcoholic beverages to any given patron in combination with food both prepared and served on the premises. (20) MOBILE AUTOMOBILE WASHAVAX SERVICE (a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m. on Monday through Saturday only. No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner, which does not impede the flow of traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of- way. No mobile service vendor shall station itself within one hundred (100) feet of a residential zoning district; however, this restriction shall not apply to mobile carwash vendors operating in residential districts and servicing the primary residents. (b) All mobile service vendors must provide for their own trash and garbage removal • such that no trash or garbage remains on the premises upon which the vending was conducted. (c) No property owner may permit mobile carwash services to operate on their property for longer than two (2) hours, or operate on site more than two (2) times per week. (d) No signage, other than normal commercial graphics painted upon the actual mobile service vehicle, shall be permitted, except as provided for in (e) below. (e) With special use approval, exception to (c) above may be made for mobile service vendors who are stationed within approved parking structures. No exterior signage visible from a public street shall be permitted for locations within parking structures. (f) Mobile service vendors must operate from four -wheel motorized vehicles regis- tered in the State of Florida. (e) No steam - cleaning, solvents, and/or degreasers may be used. (f) No run -off into catch basins is permitted. (g) If soap is used, any run -off must be negligible and contained on private property. (21) ANIMAL HOSPITAL/VETERINARIAN (a) All such uses shall be located within a fully enclosed, air - conditioned, soundproof . structure. (b) There shall be no overnight boarding of animals except for medical purposes. Supp. No. 7 48 ORDINANCE NO. 21 -01 -1752 SAN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE ", SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE AUTOMOBILE WASH/WAX SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Land Development Code currently ha's regulations addressing "Mobile Car Wash Services," and, WHEREAS, the current regulations can be improved to address; the various types of car wash businesses that are being proposed within the City, and, WHEREAS, the City Commission, at its meeting of July 24, 2001, adopted Resolution No. 104 -01 -11252 directing the preparation of an amendment to the text of the City of South Miami Land Development Code, which would clarify the different types of car wash enterprises, and . place the appropriate restrictions and requirements on car wash activity, and further directing that the amendment should be forwarded to the Planning Board for review and recommendation; and WHEREAS, a public hearing regarding the proposed amendment was held by the Planning Board on August 28, 2001, at which time the Planning Board voted 5 -0 to recommend approval of the proposed amendment to the City Commission; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20- 3.3(D) entitled "Permitted Use Schedule," of the City's Land Development Code, is hereby amended to read as follows: USE TYPE ZONING DISTRICT R L- M N S G T T T T T H P P C P 0 0 0 R R R 0 0 0 0 0 I R 0 A D D D D D N R D D D D D D K M M L P P U U I I R 4 5 4 • • • Mobile Automobile S S S S S S S S S S S 2 N/ Wash/Wax Service G � Section 2. That Section 20- 3.4(B) entitled "Special Requirements," of the City's Land Development Code, is hereby amended to read as follows: (5) GASOLINE SERVICE STATION (f) Ancillary Uses.. vi Automobile Washing/Detailing Operations may be permitted as an accessory use in the GR General Retail Zoninp, District. (20) MOBILE AUTOMOBILE WASHIWAX SERVICE (a) Mobile carwash services may operate from 9.00 a.m. to 5:00 p.m. on Monday through Saturday only. No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner, which does not impede the flow of traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of -way. No mobile service vendor shall station itself within 100 feet of a residential zoning district; however, this restriction shall not apply to mobile carwash vendors operating in residential districts and servicing the primary residents (b) All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. (c) No fn bile sep,�iEe— vender property owner may permit mobile carwash services to operate on their property for longer than sity�(€�t�s two (2) hours, or operate on site more than two (2) times per week. (d) No signage, other than normal commercial graphics painted upon the actual mobile service vehicle, shall be permitted, except as provided for in (e) below. (e) With special use approval, exception to (c) above may be made for mobile service vendors who are stationed within approved parking structures No exterior signage visible from a public street shall be permitted for locations within parking structures. (f) Mobile service vendors must operate from four -wheel motorized vehicles registered in the State of Florida.. 2 • �J • (e) No steam- cleaning, solvents, dttefgent-s- and /or degreasers may be used. (t) No run -off into catch basins is permitted. (g) If soap is used, any run -off must be negligible and contained on private property. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. 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. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 2nd day of October, 2001 ATTEST: APPROVED: CITY CLERK MAYOR 1s` Reading- September 18, 2001 2nd Reading- October 2, 2001 READ AND APPROVED AS TO FORM CITY ATTORNEY COMNIISSION VOTE: 4 -0 Mayor Robaina: Yea - - Vice Mayor Feliu- Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Not present NOTE: New wording underlined; wording to be removed indicated by strike - through. 3 ORDINANCE NO, 15 -91 -1480 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE.OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF ' 1MOBILE AUTOMOBILE WASH /WAX SERVICE" IN SECTION 20 -2.3; PROVIDING FOR MOBILE AUTOMOBILE WASH /WAX SERVICE UNDER SECTION 20 -3.3 (D) OF THE PERMITTED USE SCHEDULE AS A SPECIAL USE; PROVIDING FOR SPECIAL USE REQUIREMENTS UNDER SECTION 20 -3.4 (B) BY ADDING A NEW SUBSECTION (20); PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for a permitted use schedule; and WHEREAS, there presently does not exist a permitted use of Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby is, amended as follows: Mobile Automobile Wash /Wax Service. Shall mean a motorized vehicle equipped to provide a self- contained facility for washing, waxing, and otherwise cleaning or "detailing" automobiles. Section 2. Section 20 -3.3 (D) be, and hereby is, amended to include the following additional use: "mobile automobile wash /wox service "; and P 1 WHEREAS, the Mayor and City Commission wish to amend the E j Land Development Code to provide for a "mobile automobile wash /wax service" as a special use in the permitted use schedule; 0 R R R S G Mobile Automobile NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby is, amended as follows: Mobile Automobile Wash /Wax Service. Shall mean a motorized vehicle equipped to provide a self- contained facility for washing, waxing, and otherwise cleaning or "detailing" automobiles. Section 2. Section 20 -3.3 (D) be, and hereby is, amended to include the following additional use: 3ecion 3. Section 20 -3.4 (B) of the Land Development Code be, and the same is, hereby amended to add the following subsection 20: C P ZONING DISTRICTS 0 A - - -- ------------------------------------ ---- N R R L M N S G I H D K 0 0 0 R R R S G Mobile Automobile Wash /Wax Service S S S S S S 20 n/a 3ecion 3. Section 20 -3.4 (B) of the Land Development Code be, and the same is, hereby amended to add the following subsection 20: • • • (20) MOBILE AUTOMOBILE WASH /WAX SERVICE a. No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner which does not impede the flow nf traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of- way. b. All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. C. No mobile service vendor shall remain in any one site longer than sixty (60) minutes. d. Mobile service vendors must operate from four -wheel motorized vehicles registered in the State of Florida. e. No steam - cleaning, solvents, detergents and /or degreasers may be used. f. No run -off into catch basins is permitted. I g. If soap is used, any run -off must be negligible and contained on private property. I Section 4. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. All Ordinances or parts of ordinances in conflict herewith be, and the same 'are, hereby repealed. Section G. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ! th day of May 1 1991 APPROVED: •� \ ' ATTEST'//- MAYOR /I CITY CL721TR READ AND APPROVED AS TO FORM: CITY ATTORNEY ��` 2 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 V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a 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 matter of CITY OF SOUTH MIAMI PUBLIC HEARING - FEBRUARY 9, 2009 in the XXXX Court, was published in said newspaper in the issues of 01/23/2009 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade 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 mail 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 for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me t �n A— of t &r n InRV�i . A. 2009 (SEAL) V. PEREZ personally known to me Jo O.V. FERBEYRE MY COMMISSION # DD 528108 EXPIRES: July 9, 2010 Ftlondetl Thru Notary Public Underwriters .'A:Y�Ytuy'�.dnxwyPtiS�c PSSa p. ?¢..�N!A�CY.i9g. •. tNCiDTCpµTCb '� �. ��. , `CITY .OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at. its regular City Commission meeting scheduled for Tuesday, February 9, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 6130, Sunset Drive, to consider the following items: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY AMENDING LAND DEVELOP- MENT CODE, SECTION 20-2.3 IN ORDER TO REMOVE THE DEFINITIONS OF SMALL RESTAURANT; AMENDING THE PERMITTED .USE , SCHEDULE SECTION 20- 3.3(D) . TO REMOVE SMALL RESTAURANT AS A SPECIAL USE IN ALL ZONING DISTRICTS; - AMENDING SPECIAL USE CONDITIONS SECTION 20-3.4(B) IN ORDER TO REMOVE SUBSECTION. (19) ENTITLED SMALL RESTAURANT: PROVIDING FOR ,SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING 'AN EFFECTIVE DATE. If you have any'inquiries on the above items please contact the Planning and Zoning Department's office at: 305 -663 -6326 ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant, to Florida' Statutes 286.0105, the City hereby advises. the public that if a person .decides to appeal any decision .made by this Board, Agency of Commission with respect to any matter considered at its meeting or hearing, he or she will need a record 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. .1/23 09- 3- 140/1159153M Q S Ur F N O (a LL LL C3 C }t Cn ~ � _ m U Z ai C N_ ui as cm c t6 0 t0 N 11 Z o .n N > U N N N O O N uA rn CD to to co co La O t tS ccoo O C4 m ar a E -0 Z ai CL E o ~ r Z CD ui o U n N O Q to U O O N �► L0 CV Cif O t a NEIGHBORS CALENDAR work with more than 50 agencies. Volunteers are needed as role mod- els, mentors, coaches, teachers and friends for young people. 305- 644 -0066 or Ifernan- dez(ftbbsmiami.org or miamis- promise.org. Miami-Dade Police Department's Citizens' Program: Seeks volunteers for different assignments and special events throughout Miami -Dade County. Immediate openings in data entry and clerical positions at head- quarters and district stations. 305 - 471 -2360 or miami- dade.gov /mdpd /. Read2Succeed: Needs volunteers for its Reading Center. Volunteers will help with the organization of the center and to assist m categorizing books. 305- 969 -7440 or r2suc- ceed2@hotmall.com. Shake -a- "9 Miami: Needs assis- tance with various classes, including a Saturday kayak class, intro to sail, intermediate sail. U.S. keelboat certi- fication or U.S. powerboat certifica- tion. Also needs volunteers to partic- ipate in its Hurricane Preparedness program; Shake -A -Leg Miami, 2620 S. Bayshore Dr., Coconut Grove. 305 -858 -5550 or nelsyialshakealeg- miami.org. Stop Hunger, Inc: Needs volunteers to help with warehouse duties, office work and minimal landscaping and cleaning duties, 8 a.m.-noon Thurs- days during distribution at 12050 NE 14th Ave., Miami. 305- 891 -8811. Switchboard of Miami, Inc: Needs help with special events and office work and help with the 24 -hour crisis and information hotline. Volunteers must speak English. 305- 358 -1640 ext. 139. United HomeCare Services: The agency, which provides in -home ser- vices to elderly and disabled adults, needs volunteers to alleviate loneli- ness and isolation to those without relatives or friends. Training is pro- vided and hours are flexible. 305- 716.0710. University of Miami Breast Cancer Study: Seeking people who recently have been diagnosed with breast cancer to participate in a study at the university and receive free stress management training and $50 for participation. 305- 284 -2220. OTHER CLASSES Citizenship Classes: Prepare to take the citizenship test. Practice inter- view techniques. Gain fluency in speaking English. Call for more infor- mation;l to 3 p.m. Monday, through March 30; Kendall Branch Library, 9109 SW 97th Ave., Kendall; free. 305 -661 -2130 or franivy @ hot - mail.com. English Conversation Circle: Gain fluency in speaking English. Meet new people and make new friends; 10 a.m. to noon Monday and Thurs- day; Kendall Branch Library, 9109 SW 97th Ave., Kendall; $75 for 13 weeks. 305- 235 -1360. V CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, February 3, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: AN ORDINANCE RELATING TO SMALL RESTAURANTS BY AMENDING LAND DEVELOPMENT CODE SECTION 20-2.3 IN ORDER TO REMOVE THE DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL RESTAURANT AS A SPECIAL USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION 20- 3.4(B) IN ORDER TO REMOVE SUB - SECTION (19) ENTITLED SMALL RESTAURANT. If you have any inquiries on the above items please contact the Planning and Zoning Department's office at: 305- 663 -6326 ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursue to Florida Statutes 286.0105, the City hereby advises the public that a a person decides to appeal "decision made by this Board, Agency or Commission with respect to any matt er considered at Its meting or hearing, hem she will need record of the pmc iffngs, 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. Cables R Grove Area ilotnes'.Por Sale call Laura .Mullaney 305 790 -1000 .,5 { •` A 11 R 2910 Granada, Coral Gables $1,499,000, 5:4 v, 4412 sq'. It 250 sq' lot �r 1924 Ferdinand, Coral Gables 5449.000. - 11.259?. sq', ri(i' Y 1211i' lot, Pnul 1520 Dorado, Coral Gables 5948,00p. 4�4, 2558 sq` Idc , loos f r -p5 iai, pao3 R' 625 Altara, Coral Gables 5849.000, tf.d imract 5s4 � . 23?Ysq`. SO "X 125', pool f �jii� FI t ti • nom, : �u"r�;;• 7� a 3521 Crystal View Coconut Grova S5",000. G'mler oaitrraa 32.1555 sq+, 79` X $P' lot Caldwell Banker Real Estate I.auraMnitaoeyIwifflt coca www.GablesHistoricuornes.com BAPTIST HEALTH SUPPORT GROUPS Women's Health Resource Center • Baptist Medical Arts Building 8950 North Kendall Drive, Suite 105.786- S963895 Breast - feeding Discussion Group. Provides education and support for breast - feeding mothers before and after delivery. Wed., February 4 & 18, 10 -11:30 a.m. The ParkOptimists. Support group for those with Parkinson's disease. Fri., February 13, 7-8 p.m. Resolve. For Those Experiencing Infertility. Mon., February 16, 7 -9 p.m. Your Bosom Buddies Breast Cancer Support Group. Thurs., February 19, 7 -8:30 p.m. Baptist Hospital • 8900 North Kendall Drive • 78"96 -3895 AI -Anon Get It Together. Support group for families and friends of people who have drinking problems. Saturdays, 7:30 -9:30 p.m. The ParkOptimists. Support group for those with Parkinson's disease. Sat., February 14, 12 noon -2 p.m., Classroom 2. South Mimni Hospital • U.S.1 and SW 62 Avenue Alcoholics Anonymous. Support group for alcoholics. Wednesdays, 8:30 p.m., Victor E. Clarke Education Center (classroom varies). Narcotics Anonymous. Support group for people addicted to drugs. Sundays, 9:30 a.m., and Saturdays, 7:30 p.m., Victor E. Clarke Education Center (classroom varies). Overeaters Anonymous. Sundays, 7:30 -8:30 p.m., Victor E. Clarke Education Center, Classroom C. Bariatric Support Group. Thurs., February 26, 7 -9 p.m., Victor E. Clarke Education Center, Auditorium. Baptist Medical Plaza at Doral • 9915 NW 41 Street, Suite 210 786596 -3895 Breast - feeding Discussion Group. Provides education and support for breast - feeding mothers before and after delivery. Wed., January 28, 9:30 -11 a.m., Suite 210. Doctors Hospital • 5000 University Drive • 786 - 596 -895 Women's Cancer Support Group. Support group for women with gynecological cancers. Tues., February 17, 5 -6:30 p.m., small conference room, 2nd floor. Homestead Hospital • Campbell Drive (SW 312 Street) and SW 147 Avenue • 786. 596 -M Adult Diabetes Support Group. Tues., February 3, 6-7 p.m., Auditorium 2. Your Bosom Buddies Breast Cancer Support Group. Tues., February 10, 7 -8:30 p.m., Auditorium. Lupus Support Group. Support group for people with lupus and their families and friends. Wed., February 18, 7 -8:30 p.m., Auditorium 1. Creole Cancer Support. Support group for people with all types of cancer and their friends and families. Thurs., February 26, 6 -8:30 p.m., Lime Room. Al -Anon. Support group for families and friends of people who have drinking problems. Wednesdays, 7 -9 p.m., Auditorium 2. Baptist Health South Florida Support groups are free and do not require registration. For more information, call 786-596-3895. Visit us at www.baptisthealth.net City of South Miami - Zoning Map 0 500 1,000 1,500 2,000 2,500 3.000 3,500 4,000 4.500 5,000 ..DISCLAMMR Airy inquiry regaiding oflicial boqqddcs will be gQwm.4 by the "Offiehd Zpiog)*p". adopnd by the City Cmernluion ofsowfi 14.nal,: lbe Planning Dpartancenia the sole ..uree ... oflNs map and has provided ror the Inniled purpose:. Egen ... Ily pia—ling the Zoning patient, wittlin tha qly ."Snoth Nfi.-. should inquires aid be dimoled to the Phnnim, DeDamnant. M El 2:2 11as inm T ENA WIR PROW Mca .111I.R1 go = w1aunalopol"no'. 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