04-01-08 Item 13i3
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY
5 COMMISSION OF THE CITY OF SOUTH MIAMI,
6 FLORIDA, RELATING TO ZONING; ESTABLISHING A
7 THREE MONTH TEMPORARY MORATORIUM ON THE
8 APPROVAL OF OUTDOOR DINING PERMITS UNDER 20-
9 3.3 OR 20 -7.29 OF THE SOUTH MIAMI LAND
10 DEVELOPMENT CODE; PROVIDING EXCEPTIONS;;
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the Mayor and City Commission of the City of South Miami
15 ( "City ") intend to review and revise those sections of the South Miami Land
16 Development Code which regulate outdoor dining; and,
17 WHEREAS, the City has determined that revisions to those regulations that
18 govern outdoor dining activities in order to address the potential impacts of those
19 operations on parking, public safety and the impact on the adjacent residential
20 communities is necessary; and,
21 WHEREAS, the Mayor and Commission after careful consideration of the matter
22 deem it advisable and in the best interest of the general welfare of the City and its
23 inhabitants to temporarily suspend the approval of additional outdoor dining
24 permits until and modifications to the Land Development Code (if any) are
25 approved.
26
27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
29
Additions shown by underlining and deletions shown by ever-stfikin g.
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
Section 1. Upon the date of passage of this resolution no outdoor dining
permits shall be considered and approved.
Section 2. Nothing is this resolution should be construed or applied to
abrogate the right of a property owner to develop or utilize his or her property in
any other way commensurate with the Land Development Code and other
regulations.
Section 3. This resolution will expire at midnight on July 1, 2008. This
temporary moratorium via resolution may be extended in order to complete the
approval of any amendments for the Land Development Code.
Section 4. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of April, 2008.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
Page 2 of 2
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman: