07-22-08 Item 241 South Miami
AII•Amedca City
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, Acting Planning Director
Date: July 22, 2008 ITEM No.
Subiect
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO REQUEST TO AMEND LAND
DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR
SEATING/DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR
PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT." IN ORDER
TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR
SEATING FOR RESTAURANTS; DELETING REPETITIVE SECTION 20 -7.29
ENTITLED "OUTDOOR SEATING/DINING USES AND AREAS "; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) contains special regulations for restaurants which provide
outdoor seating and dining. The regulations are contained in Section 20 -3.3 (E) and is duplicated
in Section 20 -7.29 in the Hometown Overlay Zoning District chapter. The purpose of the
regulations is to mandate that all outdoor restaurant seating must receive a permit from the City
and abide by the standards and conditions listed in the section.
LEGISLATIVE HISTORY
The Land Development Code Section on outdoor restaurant seating was included in the Code in
1991.The legislation was written to cover all commercial properties except for properties in the
RO zoning district. (restaurants not permitted in RO zones). In 1996 the same regulations were
placed into the Hometown Overlay Zoning District chapter.
In 2001 the City Commission adopted Ordinance No. 16 -01 -1747 which amended the outdoor
seating sections in order to add regulations governing maintenance of the seating area and
specific standards to limit the number of seats and to maintain open pedestrian walking space.
Due to a number of concerns being expressed to the City in recent months the City Commission
on June 10, 2008 adopted a resolution continuing for three months a moratorium on the issuance
of outdoor seating/dining permits. The resolution is effective until October 1, 2008. The current
draft amendment ordinance is the product of a combined effort by the City Manager,
Commissioners, and the City Attorney.
PROPOSED AMENDMENTS
The draft ordinance (dated 6- 30 -08) responds to a number of the concerns and issues brought
forward to the Administration and the City Commission. The following is a summary of the draft
ON
ordinance:
• Section (E)(1): The attached legislation clearly defines the terms seating, tables, and what
is required to be submitted as part of the application and what is to be shown on the
seating site plan
• Section (E)(2): The draft ordinance requires the provision of required off - street parking
for the outdoor seating based upon one space for every four seats. This requirement
would not be applicable to restaurants already having outdoor seating permits.
• Section E) (4): After an initial six month period the City would require an annual
payment of a fee per seat ($65 )or a table top ($520). These fees would be charged to all
restaurants holding current permits and for new applications. The fees would not be
charged for seats or tables on private property.
• Section (E) (6): The draft ordinance creates a six month probationary period for new
applications and a full procedure for immediate revocation of the permit if the regulations
are violated. The revocation procedure also applies after the 6 month probationary period,
however, the permittee has a right to appeal the revocation.
• Section E(16): The draft ordinance contains a new provision allowing the City
Manager to approve the use of amplified sound in the outdoor seating area
• Section (E) 0 8) The draft ordinance also includes a provision that when the restaurant is
closed the outdoor seats and furniture must be stored inside.
• Section (E) (1.9): The operation of outdoor seating without a permit will be subject to a
$500 per day fine.
• Section (E) (20) : A violation of the standards contained in the ordinance will be subject
to $500 per day fine.
The draft ordinance also removes the duplicate outdoor seating regulations placed in the
Hometown Zoning District (Section 20- 7.29), which is not needed because Section 20- 3.3(E) is
applicable to all commercial properties in the City.
PLANNING BOARD RECOMMENDATION
The Planning Board at its July 8, 2008 meeting conducted a public hearing and made specific
recommendations on sections of the draft ordinance. The Board adopted a motion by a vote of 4
ayes 2 nays recommending approval of the ordinance with the following revisions suggested:
Section (E) (2): The off street parking requirement formula should be modified to require
one space for every 100 square feet of space used for outdoor seating on public sidewalks
and private property.
• Section (E) (4): The fee to be charged should be changed to a $250 annual fee plus $10
for every square feet of space used for seating on public sidewalks only.
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Section (E) (6): Remove concept of a probationary period; this section would be
applicable immediately to all outdoor seating permit holders; and the section should be
modified to allow for the issuance of a warning or courtesy notice with a correction
period of 72 hours before any revocation action is taken.
• Section (EL): Remove this section completely and do not allow any form of amplified
music; keep previous Section (14) which is shown in strikethrough.
• Add a new section that allows the City Manager or designee to order all seats, tables, and
planters to be removed in the event of a pending storm, hurricane, or other declared
emergency.
PARKING BOARD RECOMMENDATION
The Parking Board at its July 11, 2008 meeting reviewed the proposed required parking space
formulas which is part of the subject ordinance and approved a motion by a vote of 4 ayes and 0
making the following recommendation;
• Section (E) (2): The off street parking requirement formula should be modified to require
one space for every 200 square feet of space used for outdoor seating on public sidewalks
and private property.
RECOMMENDATION BY ADMINISTRATION
It is recommended that the proposed draft ordinance as recommended by the Administration
(dated 6- 30 -08) be approved on first reading with the following revisions:
• Section (E)(1): Remove the word "benches" ;
• Section (E)(3): After the wording "........annual occupational license fee" add the
following "payment of all outstanding violation fees ";
• Section (E) (16): Remove this section completely and do not allow any form of amplified
music; keep previous Section (14) which is shown in strikethrough.
• Section (E) 0 9): Add in the following sentence: "The continuing operation of outdoor
restaurant seating without a permit after the receipt of a violation notice from the
City Manager may result in the revocation of the restaurant occupational license
pursuant to Section 13 -16 of the City Code."
• Add the following new section: Section (E)(21): "The City Manager or his /her
designee may order all seats, tables, and planters to be removed in the event of a
pending storm, hurricane, or other declared emergency."
• Add the following new section: Section (E)(22): "Tables, chairs and other furniture
on the sidewalk may be removed by the city, and a reasonable fee charged for labor,
transportation, and storage shall be levied should the business fail to remove said
items within 36 hours of receipt of the city's notice to do so for any reason under
this section. In the event of a pending storm, hurricane or other declared emergency
the City Manager may reduce the 36 hour timeframe.
Backup Documentation:
Proposed Draft Ordinance (6- 30 -08)
Resolution No. 105 -08 -72702
Green Task Force Comments on Outdoor Seating Ordinance Revisions (7- 14 -08)
Planning Department Staff Report 7 -8 -08
Planning Board Minutes 7 -8 -08
Public Notices
X.• (Comm Items1200W- 22 -WLDC Amend Outdoor Seating Amend CM Report.doc
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ORDINANCE NO. (DRAFT 6- 30 -08)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION
20- 3.3(E) ENTITLED "OUTDOOR SEATING/DINING FOR ALL
COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN
THE RO RESIDENTIAL OFFICE ZONING DISTRICT." IN
ORDER TO AMEND THE REQUIREMENTS AND STANDARDS
APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS;
DELETING REPETITIVE SECTION 20 -7.29 ENTITLED
"OUTDOOR SEATING/DINING USES AND AREAS ";
PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Department has initiated a program to update,
clarify, and improve the provisions of the City's Land Development Code (LDC) and to update
provisions of the City's Land Development Code;
WHEREAS the Planning Board has expressed concern that the current standards
governing outdoor seating/dining areas for restaurants, contained in Land Development Code
require additional standards in order to address parking requirements associated with outdoor
seating, proper storage of outdoor furniture; creating a probationary period during the first year
of operation and developing procedures for revoking and appealing revocation of conditional use
permits; and
WHEREAS, the Planning Department has concluded that the current standards
governing outdoor seating/dining areas for restaurants, contained in the Land Development Code
Section 20- 3.3(E), and Section 20 -7.29 are identical and as such the standards should be included
in just one section of the Land Development Code; and
WHEREAS, the Planning Department has reviewed the subject regulations and has
prepared an ordinance amending LDC Section 20- 3.3(E) in order to provide the additional
requirements and standards for outdoor seating and dining; and
WHEREAS, Planning Department's proposed amendments of Section 20 -3.3 (E) will
apply to commercial properties located in the Hometown District; and
WHEREAS, at its July 8, 2008, after public hearing regarding the proposed amendments
to Sections 20- 3.3(E) and deletion of Section 20 -7.29 of the Land Development Code, the
Planning Board voted to recommend of the proposed amendments to
the City Commission; and
WHEREAS, the City Commission desires to accept the recommendations of the
Planning Board and enact the aforesaid amendments..
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1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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4 Section 1. That Section 20- 3.3(E) of the South Miami Land Development Code is hereby
5 amended to read as follows:
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7 Section 20 -3.3 Permitted Use Schedule
g * * * *
9 (E) Outdoor Seating /Dining for All Commercial Properties, except for Properties in the RO
10 Residential Office Zoning District.
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12 ( 1) An application for outdoor seating and dining on private property or on
13 public rights -of -way must be filed with the Planning Department. The application
14 shall include a layout site plan) of the location of all tables, chairs (including number of
15 chairs ), benches, and other furniture; pedestrian ingress and egress; location of refuse containers;
16 and other elements necessary to illustrate the proposed outdoor seating /dining use and area (all
17 drawings must be titled, indicate orientation, and be at an acceptable scale). If applicable, the
18 site plan must clearly indicate which seats and tables are on private property 'and which
19 are on the public right -of -way. The approved site plan may be modified by the City
20 Manager at anytime. The following definitions shall be applicable:
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22 (a) Seating -shall mean any type of chair or furniture used by customers in the act of
23 consuming beverages or food;
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25 (b) Table -any furniture which is used for the placement of food or beverages.
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27 (2) An application for outdoor dining shall provide one additional off - street
28 required parking space per four (4) seats or seating places located on private property
29 and /or public rights -of -way. Applications for renewal of previously existing outdoor
30 seating permits shall not be subject to this additional parking requirement.
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32 (3) Outdoor seating/dining areas and uses of the public right -of -way and /or any
33 private property may be approved, denied, or approved with conditions, modifications,
34 safeguards, or stipulations appropriately and reasonably related to the intent, purposes, standards,
35 and requirements of the related regulations by the City Manager. Such outdoor seating /dining
36 permit shall not be transferable in any manner and is strictly a conditional use permit, issued for
37 a period of one year, renewable annually via payment of the annual occupational license fee and
38 if applicable, payment of the per seat fee set forth below.
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41 (4) For purposes of this Section the first six months of operation shall be
42 considered a probationary period. The fee for outdoor dining/seating use and area will be
43 waived for the first six months of operation, and shall be charged annually in the amount
44 of $65 per outdoor seat located on public rights -of -way and $520 for any stand alone table
45 t_ op with no seating which is used for consumption of beverages or food.
46 ; The permit fee shall be added to the annual occupational license fee for the
47 main business. The annual fee shall not be charged for outdoor seats or table tops located on
48 private property.
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The applicant shall provide an indemnity agreement that is acceptable to the City
Manager. This agreement will include specification of liability insurance provided.
During the probationary period the conditional use permitting outdoor
seating /dining uses and areas may be revoked by the City Manager upon finding that one
or more conditions of these regulations have been violated, or that the outdoor
seating/dining area and use is being operated in a manner which is inconsistent with the
approved site plan or constitutes a public nuisance, or in any way constitutes a reasonable
risk of potential liability to the City. The City Manager shall not be required to provide the
owner and /or operator with a warning notice or any right to cure the violations prior to
revoking the conditional use permit during the probationary period. After completion of
the probationary period, the City shall conduct an inspection. Upon a determination of
compliance, a new occupational license shall be issued and the applicant's conditional use
permit shall be renewed for outdoor dining. Thereafter, after the probationary period
expires, any decision by the City Manager to revoke the conditional use permit for failure
to comply with the one or more conditions or regulations may be appealed by the owner or
operator to the City Commission. An appeal must be filed with the City Clerk within 30
days of receipt of written notice of the City Manager's decision. An appeal of the City
Manager's decision does not stay the implementation of the City Manager's decision. The
City Commission shall hear and enter a decision on any appeal taken within 60 days from
the date the appeal is filed. The City Manager's decision shall be in writing and indicate
what provisions of the City's code of ordinances have been violated and /or what public
nuisance or risk of potential liability to the City predicated the decision of the City
Manager.
(7) Outdoor seating /dining use and area may be temporarily suspended by the city
manager for public use /purpose, utility, sidewalk or road repairs, emergency situations, or
violations of provisions contained herein. The length of suspension shall be determined by the
city manager as necessary. Removal of all street furniture and related obstructions shall be the
responsibility of the owner /operator of the outdoor seating /dining.
(8) Outdoor seating/dining use and area may be temporarily expanded by the City
Manager upon receipt of a written request during special events.
Outdoor seating /dining area shall be kept in a neat and orderly appearance and
shall be kept free from refuse and debris. The applicant shall be responsible for daily cleaning
and sweeping of the outdoor seating/dining area and for the cleanliness and maintenance of any
outdoor planters immediately adjacent to the outdoor seating /dining area. Cleaning shall include
twice - monthly pressure cleaning or other appropriate cleaning methods, as determined by the
City. Use of city sidewalks for trash and garbage removal shall be prohibited.
g of outdo
My Way that
During the probationary period the conditional use permitting outdoor
seating /dining uses and areas may be revoked by the City Manager upon finding that one
or more conditions of these regulations have been violated, or that the outdoor
seating/dining area and use is being operated in a manner which is inconsistent with the
approved site plan or constitutes a public nuisance, or in any way constitutes a reasonable
risk of potential liability to the City. The City Manager shall not be required to provide the
owner and /or operator with a warning notice or any right to cure the violations prior to
revoking the conditional use permit during the probationary period. After completion of
the probationary period, the City shall conduct an inspection. Upon a determination of
compliance, a new occupational license shall be issued and the applicant's conditional use
permit shall be renewed for outdoor dining. Thereafter, after the probationary period
expires, any decision by the City Manager to revoke the conditional use permit for failure
to comply with the one or more conditions or regulations may be appealed by the owner or
operator to the City Commission. An appeal must be filed with the City Clerk within 30
days of receipt of written notice of the City Manager's decision. An appeal of the City
Manager's decision does not stay the implementation of the City Manager's decision. The
City Commission shall hear and enter a decision on any appeal taken within 60 days from
the date the appeal is filed. The City Manager's decision shall be in writing and indicate
what provisions of the City's code of ordinances have been violated and /or what public
nuisance or risk of potential liability to the City predicated the decision of the City
Manager.
(7) Outdoor seating /dining use and area may be temporarily suspended by the city
manager for public use /purpose, utility, sidewalk or road repairs, emergency situations, or
violations of provisions contained herein. The length of suspension shall be determined by the
city manager as necessary. Removal of all street furniture and related obstructions shall be the
responsibility of the owner /operator of the outdoor seating /dining.
(8) Outdoor seating/dining use and area may be temporarily expanded by the City
Manager upon receipt of a written request during special events.
Outdoor seating /dining area shall be kept in a neat and orderly appearance and
shall be kept free from refuse and debris. The applicant shall be responsible for daily cleaning
and sweeping of the outdoor seating/dining area and for the cleanliness and maintenance of any
outdoor planters immediately adjacent to the outdoor seating /dining area. Cleaning shall include
twice - monthly pressure cleaning or other appropriate cleaning methods, as determined by the
City. Use of city sidewalks for trash and garbage removal shall be prohibited.
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Outdoor seating /dining use and area shall not interfere with the free and
unobstructed pedestrian or vehicular circulation of traffic, public access to any street
intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service
casements, handicap facilities, or access to any other commercial establishments. The width and
location of the sidewalk pedestrian passage shall be as follows:
a) If there is seating on one side of the sidewalk, a minimum of five (5) of sidewalk
must remain clear and unobstructed for pedestrian passage;
b) If there is seating on two sides of the sidewalk a minimum of six (6) feet of
sidewalk between the two seating areas must remain clear and unobstructed for pedestrian
passage.
c) All outdoor furniture including but not limited to tables, chairs,=Md umbrellas, and
outdoor planters shall be located a minimum of 49 24 inches from the curb.
Outdoor seating /dining area on the public rights -of -way shall be open and un-
enclosed. No building structures of any kind shall be allowed in and over any portion of the
outdoor seating /dining area located on public property.
J Tables, chairs and all other furniture used in the operation of an outdoor
seating /dining area on the public rights -of -way shall not be anchored or restrained in any
manner. Individual table umbrellas, planters, or other such non - stationary elements may be
permitted within the outdoor seating /dining area and where applicable. shall have a minimum
clearance height of seven (7) feet above the sidewalk.
Outdoor seating /dining use and area on public rights -of -way shall be restricted to
the length of the sidewalk or public right -of -way immediately fronting the cafe or other
establishment. The utilization of space extending beyond the subject property frontage onto the
immediately adiacent property may be authorized subject to annual written consent provided
by the property owners in front of whose properties the outdoor seating /dining service would
occur. The annual written consent form shall be provided to the City and shall include an
insurance policy naming the City as co- insured and a hold harmless clause in favor of the City.
(14) Outdoor seating /dining area shall be at the same elevation as the adjoining
sidewalk or public right -of -way.
Carts and trays for serving food are permitted in the outdoor seating /dining area.
(16) Outdoor seating /dining uses and area must apply for and receive specific
approval to provide amplified sound of any kind in the outdoor seating area. In the event,
the City Manager determines that the amplified sound constitutes a public nuisance the
City Manger may impose additional conditions or revoke the approval authorizing the use
of amplified sound.
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1 (17) The maximum number of outdoor seats shall not exceed 80% of the number of
2 indoor seating. except for restaurants with indoor seating of 25 seats or less which may have
3 outdoor seats not to exceed 100% of the number of indoor seats.
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5 1188) During those hours when the restaurant is closed or outdoor seating is not
6 offered to the general public, tables, chairs and all other furniture used in the operation of
7 an outdoor seating/dining area shall not be left outside the premises.
8 (19 ) No person, property owner, lessee or restaurant shall provide or permit
9 outdoor seating /dining without a permit. Each day that outdoor seating/dining occurs
10 without a permit shall constitute a separate incident of violation and shall result in a
11 $500.00 a day fine for each day of continued violation.
12 (20) Any violation of the regulations and standards set forth in this section shall
13 constitute a separate incident of violation and shall result in a $500.00 a day fine for each
14 day of continued violation.
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Section 2. That Section 20 -7.29 entitled "Outdoor seating/dining uses and areas" of
the South Miami Land Development Code is hereby deleted:
Section 3. 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 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of . 92008.
ATTEST:
CITY CLERK
APPROVED:
iTr_WS)
1St Reading —
2"d Reading —
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R
READ AND APPROVED AS TO FORM
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Beckman:
Commissioner Palmer:
NOTE: New wording in bold print and underlined.• wording to be removed indicated by strike -
through.
X: \PB\PB Agendas Staff Reports \2008 Agendas Staff Reports \7- 8- 08\LDC Amend Outdoor Dining Revised 6 -30 -08 Ord.rtf
RESOLUTION NO. 105-08-12702
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO ZONING; ESTABLISHING A
THREE MONTH TEMPORARY MORATORIUM ON THE
APPROVAL OF OUTDOOR DINING PERMITS UNDER 20-
3.3 OR 20 -7.29 OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE; PROVIDING EXCEPTIONS;;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
( "City ") intend to review and revise those sections of the South Miami Land
Development Code which regulate outdoor dining; and,
WHEREAS, the City has determined that revisions to those regulations that
govern outdoor dining activities in order to address the potential impacts of those
operations on parking, public safety and the impact on the adjacent residential
communities is necessary; and,
WHEREAS, the Mayor and Commission after careful consideration of the matter
deem it advisable and in the best interest of the general welfare of the City and its
inhabitants to temporarily suspend the approval of additional outdoor dining
permits until and modifications to the Land Development Code (if any) are
approved.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Additions shown by underlining and deletions shown by ever-kin .
Res. Nip. 105 -08 -12702
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 October 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 on July 1, 2008.
PASSED AND ADOPTED this li ay of Q944,e, , 2008.
ATTEST: APPROVED:
Q�2 cc� G,� ,
CITY CLERK
READ AND APPROVED AS TO ORM:
Luis R eredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
r
7
U: 61
Page 2 of 2
COMMISSION VOTE: 5 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
South Miami Green Task Force
Comments Concerning Modifications to the Outdoor Seating Ordinance
July 14, 2008
We applaud the direction the City government has taken to affect a greener, more
pedestrian- friendly South Miami. The task force understands that a superior pedestrian
civic life is essential to the promotion of a green and sustainable community. We believe
that outdoor seating is not only desirable from a green stand - point,but also contributes to
the life of a welcoming city. It is a pleasure to dine outdoors in South Miami. We are
perplexed by actions proposing to discourage this civic amenity.
The members of the Green Task Force express in the strongest possible terms, their
objection to the spirit and the intended consequence of the proposed amendments to the
land development code entitled "Outdoor seating/ dining for all commercial properties,
except for properties in the RO residential office zoning district. " The proposed
amendments are hostile and punitive to the character and aspirations of the City of South
Miami and to its efforts to promote a green and sustainable community.
In the context of a sustainable green agenda, outdoor seating should be promoted.
Outdoor seating requires neither air conditioning nor heating and as a result has a
drastically smaller carbon footprint than indoor seating.
From Section 1. (E) (2) "outdoor dining shall provide one additional off - street required
parking space pr (4) seats... "
This amendment is the most punitive and destructive of the proposed amendments. It flies
in the face of reason that a permanent parking space is provided for this transient use. If
one were to follow the reasoning of this amendment, street fares would require parking
structures. It is clear that after the City's own recent parking workshop, an urban center
such as the Hometown District does not require redundant parking. It makes very little
sense to require the energy consumptive building of parking spaces for this green use.
The following cities do not require parking for outdoor seating: City of Coral Gables,
City of Miami and City of Miami Beach.
To: Honorable Chair and
Planning Board Members
From: Sanford A. Youkilis, AICP 11
Acting Planning Director
PB -08 -015
South Miami
All- America City
1 r
2001
Date: July 8, 2008
Re: LDC Amendment — Outdoor
Seating/Dining Sec. 20- 3.3(E); Sec 20-
7.29
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO REQUEST TO AMEND .LAND DEVELOPMENT CODE
SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING/DINING FOR ALL COMMERCIAL
PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING
DISTRICT." IN ORDER TO - AMEND THE REQUIREMENTS AND STANDARDS
APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; DELETING REPETITIVE
SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING/DINING USES AND AREAS ";
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) contains special regulations for restaurants which provide outdoor
seating and dining. The regulations are contained in Section 20 -3.3 (E) and is duplicated in Section 20-
7.29 in the Hometown Overlay Zoning District chapter. The purpose of the regulations is to mandate that
all outdoor restaurant seating must receive a permit from the City and abide by the standards and
conditions listed in the section.
LEGISLATIVE HISTORY
The Land Development Code Section on outdoor restaurant seating was included in the Code in
1991.The legislation was written to cover all commercial properties except for properties in the RO
zoning district. (restaurants not permitted in RO zones). In 1996 the same regulations were placed into
the Hometown Overlay Zoning District chapter.
In 2001 the City Commission adopted Ordinance No. 16 -01 -1747 which amended the outdoor seating
sections in order to add regulations governing maintenance of the seating area and specific standards to
limit the number of seats and to maintain open pedestrian walking space.
Due to a number of concerns being expressed to the City in recent months the City Commission on June
10, 2008 adopted a resolution continuing for three months a moratorium on the issuance of outdoor
seating/dining permits. The resolution is effective until October 1, 2008. The current draft amendment
ordinance is the product of a combined effort by the City Manager, Commissioners, and the City
Attorney.
LDC Amendment
July, 2008
Page 2 of 3
CURRENT.CONCERNS
The proposed amendments in 2008 are related to a number of issues and concerns primarily
related to the continuing expansion of restaurants using outdoor seating. These include:
• restaurants having outdoor seating not having a permit which is required for seating on
private property and on public side walks;
• restaurants not following the seating site plan approved as part of the application/permit
process;
• restaurants not providing the required distance (pedestrian walk —way) between
tables /chairs or the required distance between planter -boxes and the curb;
• restaurants not properly storing outdoor tables or chairs during closing hours;
• restaurants expanding the seating area furniture to include sofas and table tops
The City has recognized that allowing restaurant outdoor seating is essentially an expansion of
the business square footage and of revenue potential to the restaurant. At the present time the
City charges a flat $250 a year fee (after the first year). In addition, the City to date has not
required the provision of off - street parking spaces for the added seats provided outdoor. The
Land Development Code only requires parking spaces based upon square footage of the inside
of the restaurant.
PROPOSED AMENDMENTS
The draft ordinance responds .to the concerns and issues as described above. The attached
legislation clearly defines the terms seating, tables, and what is required to be submitted as part
of the application and what is to be shown on the seating site plan (Section 1).
The draft ordinance requires the provision of required off - street parking for the outdoor seating
based upon one space for every four seats (Section 2). This requirement would not be applicable
to restaurants already having outdoor seating permits.
The draft ordinance creates a six month (no fee charged) probationary period for new
applications and a full procedure for revoking the permit if the regulations are violated during
the six month period (Section 6). After the six month period the City would require an annual
payment of a fee per seat ($65 ) or a table top ($520). These fees would be charged to all
restaurants holding current permits and for new applications. The fees would not be charged for
seats or tables on private property (Section 4). In order to compare fees charged by other cities,
see. an attached chart
The draft ordinance contains a new provision requiring the City to approve the use of amplified
sound in the outdoor seating area (Section 16). The ordinance also includes a provision that
when the restaurant is closed the outdoor seats and furniture must be stored inside (Section I8).
A violation of the standards contained in the ordinance or the operation of outdoor seating
without a permit will be subject to $500 per day fine(Sections 19, 20).
LDC Amendment
July, 2008
Page 3 of 3
The draft ordinance also removes the duplicate outdoor seating regulations placed in the
Hometown Zoning District (Section 20- 7.29), which is not needed because Section 20- 3.3(E) is
applicable to all commercial properties in the City.
RECOMMENDATION
The Planning Department is supportive of the need to update and clarify the current regulations
on outdoor seating /dining. There are two revisions which the Department feels should be
considered by the Board in making its comments back to the City Commission:
(1) The per seat annual fee set forth in Section (4) should be charged for seats or tables
placed on private property; allowing additional outdoor dining seats is an extension of a
restaurant's usable square footage regardless of whether it is on public sidewalks or
private property;
(2) A provision should be added that allows the City Manager or designee to order all seats,
tables, and planters to be removed in the event of a pending storm, hurricane, or other
declared emergency.
(3) The existing moratorium should be removed when the draft ordinance is adopted.
It is recommended that the proposed draft ordinance be approved and that additional revisions
or comments be forwarded to the City Commission.
Attachments:
Proposed Draft Ordinance (6- 30 -08)
Fee Survey
Resolution No. 105 -08 -12702
Comments by Planning Board Chair
Public Notices
SAY
X: \PB \PB Agendas Staff Reports\2008 Agendas Staff Reports \7- 8- 08 \PB -08 -015 LDC Amend Outdoor Seating PB Report.doc
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SURVEY OF OUTDOOR SEATING FEES IN SELECTED
FLORIDA MUNICIPALITIES
Ft. Meyers -
Miami -
Miami Beach
West Palm Beach
Key West
Hollywood
Coral Gables
$175 flat annual fee
$150 application fee; + $10 per square foot of public sidewalk
$150 application fee; + $15 per square foot of public sidewalk
$150 flat annual fee
Use of public sidewalks prohibited; private property outdoor
seating- $600 one time impact fee and $120 annual fee per seat
$75 flat annual fee + $25 annual fee per seat.
$100 one time impact fee and $ 250 annual flat fee
X:\PB\PB Agendas Staff Reports\2008 Agendas Staff Reports \7 -8 -08 \Outdoor seating fee survey.doc
Page 1 of 1
Youkilis, Sanford
From: C.David Morton & Associates [cdm4444 @bellsouth.net]
Sent: Tuesday, July 01, 2008 11:22 AM
To: Youkilis, Sanford
Cc: cdmorton @bellsouth.net
Subject: Response to Board item
Sandy,
My thoughts after a review of the Agenda item on Outdoor Seating:
1. In 20- 3.3(E) - Is Outdoor seating prohibited in R.O., or is it bound by other criteria?
2. Item (E)(1) — calls for filing with Planning Dept., but doesn't say who approves (C.M.)
until (3) later on. Maybe include C.M. approval here, even if it is redundant?
3. Item (E)(1) — maybe change "The approved Site Plan ... by the City Manager at any time."
Change to: "The City Manager may, at any time, require the Owner/Tenant to modify
the approved Site Plan and adjust the actual seating layout accordingly."
4. Item (E)(3) — In the event of a sale, or change in Tenant, I would think it fair to have the C. U.
Permit transferable, with the same conditions (unless use changes) to the new Tenant.
Knowing the status of this permit could be an issue with a change of Tenant, or sale of
the property, and I would think it fair to have the consistency of the permit known.
Item (E)(4) - I think the $ 520 is too high. I would cut it in half, assuming 4 seats /table.
/6. Item (E)(4) - I feel there should be a seat fee for the Private Property seating. They are getting
a break on the parking requirements that would apply if the total consumer population
was treated as a restaurant/bar occupancy load. There should be some fee /seat, even
it is reduced.
7. Item (E)(6) - I feel there should be a short duration "time to correct." Forty -eight (48) hours from
time of notice of deficiency would be acceptable, and doable from the user side.
8. Item (E)(7)7 I would recommend adding: "By applying for, and accepting, an Outdoor Seating Permit,
the Owner/Tenant stipulates that no "Lost Revenue" claims will be filed against the City in
the event of temporary closures for the aforementioned items.
9. Item (E)(8) — Will there be a fee for any temporary increase of seating? State yes or no.
10. Item (E)(13) — Possibly limit the adjacent usage to 50% of frontage? Also, is that seating
priced at the same costs as the normal? If this was presented as a temporary increase,
at what point would it become "permanent" and subject to fees, indemnification, etc?
1. Item (E)(17) — The maximum number of seats (not scats)....
x/12. Item (E)(18) — Suggest adding: In the event of an impending Tropical Storm or Hurricane, the
Owner/Tenant shall remove all outdoor seating and related items from the Public ROW
when directed to do so by the City Manager, or designated representative. This may
be in effect during hours of normal operation, at the discretion of the City Manager.
13. Items (E)(19)(20) — Establish penalty for failure to pay fine within established time frame? Loss
of Occupational License, Seating Permit ? ?? Set time frame for payment in Ordinance?
Sorry I will miss the meeting, but hopefully this will trigger some discussion.
Regards to all.
C. David Morton, AIA, NCARB
Architect
4444 SW 71 Avenue ( #103)
Miami, FL 33155
305 - 753 -1798
P.S. Please use my other email address for correspondence (cdmortongbellsouth.net).
Thanks.
7/1/2008
CITY OF SOUTH MIAMI
PLANNING BOARD
Special Meeting
Action Summary Minutes
Tuesday, July 8, 2008
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:44P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Cruz moved to nominate Mr. Farfan as the temporary Chair during the absence of the
Chair and Vice Chair and Ms. Young seconded. Vote: 5 Ayes 0 Nays.
Mr. Farfan requested a roll call. Board members present constituting a quorum: Mr. Farfan, Ms.
Young, Mr. Cruz, Mr. Comendeiro, and Ms. Chael. Late: Ms. Yates. Absent: Mr. Morton
City staff present: Luis Figueredo (City Attorney), Sanford A. Youkilis (Acting Planning Director),
and Lluvia Resendiz (Administrative Assistant).
III. ADMINISTRATIVE MATTERS: Mr. Youkilis advised that the City Commission
adopted a resolution creating a Land Development Code Review Task Force. The resolution
requires two members of the Planning Board, Parking Board, Environmental Review and
Preservation Board, Historic Preservation Board, and three citizens to be appointed by the Mayor
and the Commission. The Planning Board should recommend two members to the City
Commission. Mr. Youkilis also advised that Mr. Morton expressed interest in serving as a
representative of the Planning Board. Mr. Farfan opened the item for discussion and /or volunteers.
Without indication of interest from other Board members, Mr. Farfan stated he will be interested in
serving as the second representative along with Mr. Morton. Ms. Chael suggested that the
Planning Board members work together with the Green Task Force to ensure that the interests are
aligned and not working against each other. Mr. Youkilis advised that he will forward the names
(Mr. Morton and Mr. Farfan) to the City Commission.
III. Planning Board Applications/Public Hearing
PB -08 -015
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO REQUEST TO AMEND LAND
DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING/DINING
FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO
RESIDENTIAL OFFICE ZONING DISTRICT." IN ORDER TO AMEND THE
Planning Board Meeting
July 8, 2008
Page 2 of 8
REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR
RESTAURANTS; DELETING REPETITIVE SECTION 20 -7.29 ENTITLED "OUTDOOR
SEATING/DINING USES AND AREAS "; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
Action: Mr. Cruz read the item into the record.
Mr. Youkilis advised that the outdoor seating and dining draft ordinance shows the changes in bold
and underline. He described the legislative history of how the ordinance came about and the
current status of the moratorium. The proposed amendments were initiated because recent
concerns expressed by the City Commission. Mr. Youkilis stated that the ordinance should be
adopted with three recommendations made by staff which may be found on page three. One of the
three recommendations is that when the ordinance is adopted by the City Commission that, the
moratorium should end.
Mr. Figueredo requested the recommendations made by staff. Mr. Youkilis advised that one of the
sections provides for an annual fee which is set per seat on public sidewalks. Mr. Youkilis
suggested that the per seat fee should also be charged for private property because the additional
outdoor seating is an extension of restaurant's square footage. The second recommendation as
stated in a memo from the Planning Board Chairman is that the City Manager be authorized to
order all the seats and tables and planters removed under a hurricane situation.
Mr. Figueredo advised that there were several complaints regarding outdoor seating and the
Commissioners tried to respond to the deficiencies under the current ordinance. One concern was
that the Commission found it was unacceptable for the chairs and tables to be stacked out side of
the business. Initially the Commission directed that the ordinance be drafted to specifically prohibit
the outdoor stacking of the furniture while considering allowing the furniture to stay in its current
place rather that stacking it. The Commission however was concerned that leaving the furniture
outside may attract vagrancy. Another deficiency that was identified was that business owners do
not have a right of appeal. A need to provide a business owner with a due process right if their
permit were to be revoked was determined therefore a section allowing an appeal was included.
There was speculation that outdoor dining impacts the parking situation downtown and therefore a
parking requirement is provided. The proposed regulations were drafted so that a new parking
requirement will only apply to new permits and those businesses with a current permit will be
grandfathered.
Many of the changes in the ordinance were a by- product of meetings with the citizens and an effort
to enforce the current ordinance. The mission statement was to create an ordinance not geared
towards raising money but rather an ordinance allowing for effective enforcement while also
allowing for business owners to regulate themselves.
Mr. Figueredo stated that there was a distinction between private and pubic property. It was
considered by the Commission that those businesses with outdoor seats on private property should
not be required to have a permit fee for the additional seats. The permit fee is higher because of the
impact it would have on the parking. He added that some Commissioners conveyed that fee would
create a fund which will allow the City to clean the sidewalks thus creating a certain image for
South Miami outdoor seating and dining. Mr. Figueredo noted that the following items were
amended: item 1 provides a definition for seating and for table and the probationary period under
item 6 was changed to 6 months instead of one year. By shortening the probationary period the
business owners may be given additional comfort that once they get through their six month
Planning Board Meeting
July 8, 2008
Page 3 of 8
probationary period with a paid permit the owner would have a right to appeal to the City
Commission. Another change was allowance of an establishment to have amplified sound if there
is a revocation. The ordinance has been modified to allow outdoor music to the extent that it does
not impact residential communities. A site plan must be provided at the time of the application in
order to have it tied to the permit. Having a site plan tied to the permit is critical because this will
help prevent a business from submitting a set of plans and later changing their site plan. This will
help enforce the outdoor seating. This ordinance makes it clear that the approved site plan that was
approved is what must be placed outside and changes may not be made unless approved by the City
Manager. In having the City Manager approve the site plan it allows staff to look at and confirm
measurements and if they comply with the ADA.
Ms. Young questioned why the indemnity agreement should be acceptable by the City Manager
and not the city attorney. Mr. Figueredo replied that the Board could include that indemnity
agreement should be acceptable by the city attorney's office.
Mr. Cruz questioned if the permit runs with the owner or the business itself. Mr. Figueredo replied
it runs with the business and that an applicant selling a business with a permit on file then the new
owner will not lose the right if they have a permit.
Ms. Chael questioned if other cities are requiring additional parking requirements for their outdoor
seating areas. She added that she called City of Miami Beach and was informed that business
owners are not required to provide additional parking. It will be important for South Miami to
know how other municipalities who have been successful with outdoor dining address parking
issues. She recommended that South Miami look at what our sister cities are doing and attempt to
be competitive in order to encourage people to do business in South Miami. Mr. Figueredo replied
that the ordinance has looked at specifically concentrating on South Miami.
Mr. Comendeiro expressed concerns that a site plan for outdoor seating could slip by and not be
reviewed by the Planning Board. He made reference to the fact that an applicant may not
necessarily want outdoor seating at the time of the special use approval and later decide to add
outdoor seating. Mr. Figueredo replied that under that situation there might be a loop hole in the
ordinance because an applicant does not have to come back before the Planning Board for site plan
approval if the applicant decides to apply for outdoor dining after their special use approval.
Mr. Cruz recommended that an applicant should be required to have a site plan on site in order to
better address the outdoor seating concerns. The Board disagreed and stated that it would be too
cumbersome for the business owner.
Ms. Chael stated that the South Miami should not be punitive and that the ordinance should be
aligned with the intention of the Hometown Plan. She further added that at times of a recession and
with gas prices going up the traffic will not get any worse and now is not the correct moment to be
punitive. She does not feel that businesses should not have the additional burden of the proposed
assessed fees. She disagreed with adding parking because new businesses should not be burdened
when they come to South Miami. Mr. Figueredo agreed with Ms. Chael regarding the parking
regulations but stated that with regards to the penalties he disagreed because a penalty will only be
assessed if the code is violated. Ms. Yates, on the other hand, stated she was more concerned with
the fees and felt that the parking was fair.
Ms. Young stated she was concerned with the idea that an approved site plan may be modified by
the City Manager at any time and requested that the attorney provide further clarification. Mr.
Figueredo explained that changing a site plan is a more amenable response than revoking a permit.
Planning Board Meeting
July 8, 2008
Page 4 of 8
Ms. Yates questioned item 4 that the annual fee shall not be charged for outdoor seats located on
private property. Mr. Figueredo replied that the general feeling was that if you are making money
on public property than you should pay a fee. He added that staff was recommending that a charge
should be applicable for both private and public property. Ms. Yates then questioned if other cities
charge near what South Miami is proposing and whether or not they charge for both public and
private. Mr. Youkilis advised that most of the cities that were surveyed were charged fees only on
the public sidewalk.
Mr. Comendeiro opinioned that the city does not have the right to charge for private property and
Ms. Chael agreed. Ms. Chael added that requiring one space per four seats is punitive. Mr.
Figueredo responded to Mr. Comendeiro's concern that requiring a fee for outdoor seating on
private property would be the same as charging for an occupational license. Mr. Comendeiro stated
that a business owner is already paying for an occupational license therefore why should they be
subject to second charge for use of their private property.
Ms. Yates questioned if the occupational license fee is based on seats or square footage. Mr.
Comendeiro requested that staff verify if the license fee is charged as a one flat fee or by square
footage.
Chairman Morton opened the Public Hearing.
Name Address Position
David Ryan (Irish Times) 5850 SW 72 Street Opposed
Mr. Ryan stated that there are mechanisms in the existing code that regulate all concerns brought
up by the city attorney. He also stated that for Mr. Figueredo to suggest that there is no desire to
raise money or be punitive regarding the new outdoor seating applications is insulting. This is a
proposal of a 6,000 increase when compared to South Miami's neighboring cities. There are
currently requirements providing for the business owner to keep up with the cleanliness of the
establishment therefore imposing more regulations that make the ordinance more cleanliness
friendly would be better suggestion rather that imposing all the funds that supplement someone's
cleaning ability. He believed that there are regulations currently in place and the ordinance should
not be amended. He also noted that the proposed fees are astronomical.
Grey Read Opposed
Ms. Read, member of the Green Task Force (GTF), stated that the GTF was charged with the task
to make South Miami a "greener city" and to help reduce the energy use as well as address issues
with global warming at a national and international level. The GTF has since researched ways of
making South Miami more responsive and energy efficient with a huge part of making it a more
habitable place to make it a more walk -able city a place thus encouraging people to walk to the
downtown. The outdoor dining is one of the things that do that, she added. One concern is that
sometimes people cannot walk through the sidewalk areas. Those are issues that may easily be
addressed however there is nothing in the ordinance that addresses that. She noted that there is a
five foot requirement in order to have an outdoor seating permit and she suggested making it six
feet. She stated that she finds the fees to be punitive and the parking requirements should be
addressed differently.
Mathew Andrews (Fox Inn) 6030 SW Dixie Highway Opposed
Mr. Andrews expressed concern that the language where the City Manager is not required to
provide the owner with any warning, notice, or any right to cure the violations prior to revoking the
conditional use permit during the probationary period. He suggested that there should be due
process so that the business may be allowed to correct the problem. The option should be available
throughout the probationary period as well.
Planning Board Meeting
July 8, 2008
Page 5 of 8
Mariano Ferenelli Tratoria Sole Opposed
Mr. Ferenelli stated that as the owner of Sole the City has benefited from outdoor seating. He
agreed that some order has to be kept however there are technical issues addressed by the
Commission that only an owner would understand. For example having to place the chairs and
tables inside once the business closes can be imposing on the business. The additional work should
be taken into consideration. He suggested that the business should be allowed to keep the chairs
and tables stacked outside but with some order where it looks more attractive. He further added
that the traffic will be difficult to control and the fees will be an increase of $7,000 a year which is
very heavy considering that currently business has slowed down and he had to lay off five
employees. With regards to parking he indicated that his establishment currently has valet parking
but the newly imposed parking requirements will also increase his cost about $10,000 just for valet
parking.
Juan Garcia (R.A. Shushi) 8685 NW 53 Terrace Opposed
Mr. Garcia stated that RA Sushi is in the limbo with regards to outdoor seating. They submitted
their outdoor seating site plan but due to the moratorium they will be forced to open without the
outdoor seating. He noted that they are opening a restaurant at very difficult economical times.
Out of the 20 restaurants across the country nowhere else but South Miami do we pay the amount
of fees that are being proposed by the City of South Miami. He agreed with previous speakers that
to give the City Manager the discretion to revoke a permit within the first six months is not a good
practice. He argued that anyone can go in and file a complaint, whether valid or not, and the
Manager may revoke the permit without giving an applicant time to cure the problem. He disagreed
with that provision and found it to be an unfair provision and recommending having some time of
warning notice.
Jan Kirchoff (Deli -Lane) 7230 SW 59 Avenue Opposed
Mr. Kirchoff stated that the Code has had regulations for a long time however the concerns at hand
may easily be remedied by proper code enforcement. The proposed amendments will be punitive.
The restaurants that made South Miami a vibrant pedestrian friendly area will suffer. The proposed
fees will be a $2800 fee increase over what is being paid right now. Mr. Kirchoff requested that the
Board consider that all other expenses have tripled in price. He does however agree there should be
some changes but changes that are within the realm of reasonable cost and parking requirements.
Michael Malor (Deli -Lane) 7230 SW 59 Avenue Opposed
Mr. Malor stated that the city created the outdoor seating ordinance to create a city that was vibrant
and pedestrian friendly. Now the City is removing the hard work it took to create the vibrant
pedestrian friendly. He agreed that although the extra outdoor dining seats are creating revenues
they are not being used all the time due to weather adversities. He agreed that there should be a
charge but it has to be within the realm of certain changes and it should also be done in a tier
manner not a drastic increase. He finds that if better enforcement is performed the restaurants
would strive to better their business and will self discipline there acts. He added that businesses
will take pride on their own business. He finalized by mentioning that to constantly reference to
not wanting to impose anything financially punitive is a disingenuous statement on behalf of the
City. He recommended using the charge to be per square footage in order to address the parking
concerns.
Willy Quintana 5800 SW 73 Street Opposed
Mr. Quintana advised that he was a new business owner in the area who is trying to open a
restaurant in South Miami. He added that all these walls being placed are obscuring him from
opening a restaurant. He noted that for him to come in and open a business at a time where
property taxes are really high, in the middle of a recession he finds it ludicrous that something like
Planning Board Meeting
July 8, 2008
Page 6 of 8
this is being discussed. He added that Miami Beach charges per square foot but their price cannot
be compared to South Miami because Miami Beach has a higher volume of people. With regards
to the City Attorney's statement about "self policing, not providing, and not properly" he advised
that those are all violation issues and as the previous speakers indicated he recommended that
South Miami enforce what is currently stated in the Code and if something needs to be added to
make it easier to regulate.
Shirley Huebner 7540 SW 59 Court Opposed
Ms. Huebner stated that the City does not address the concerns really at hand. She stated that the
current outdoor dining ordinance does not allow for music and as a resident living in the area music
will be a detriment to the neighborhood. She was concerned that there will not be a method of
enforcement should the amplified sound section be approved. She also added that item 13 states
that if a restaurant has an adjacent business the restaurant owner will be able to negotiate to use
adjoining frontage to expand the outdoor dining area and she disagreed with the recommendation.
She also noted that some business owners are using their parking spaces as outdoor dining area and
she recommended that the Board consider taking action on it. Ms. Huebner indicated that she is
against allowing the businesses to expand for special events. She recommended that the City
consider implementing regulations for parking issues, sanitation, and safety. Reducing the 80% to a
more realistic percentage was also a recommendation made by Ms. Huebner. Finally, she
questioned why the business owners were informed about the public hearing via mail and the local
residents were not sent a notice. Mr. Figueredo replied that item 13 was misconstrued because the
current language allows restaurants the ability to expand. Mr. Youkilis advised that he determined
that restaurants were affected by the ordinance and therefore he made sure that all the restaurants
with outdoor seating should be notified.
Sharon McCain Opposed
Ms. McCain provided the Board with photographs of certain business and briefly described her
concerns regarding the photographs. She stated that she is in favor of outdoor dining but is against
the ordinance. It needs to be amended. She expressed concerns that many of the restaurants are
not ADA compliant. She did not find the fees to be excessive if the business abide by the laws that
are presented to them. She noted that it was unfortunate that a few months ago the City Manager
called for a workshop and of the 30 mailed invitations only 6 business owners showed up. There
are many restaurants that have outdoor dining without a permit. She requested that the Board
require that the chairs and tables not be stacked and that all outdoor dining be ADA compliant. The
city is responsible to be ADA compliant therefore asked that the Board make a recommendation to
the Commission requiring that restaurants with outdoor dining should be ADA compliant whether
it is on public or private property. Ms. McCain recommended that item 1 should be amended to
state the number of tables and chairs and the verbiage "benches and other furniture" should be
removed. She also stated that item 2 should have been reviewed by the Parking Board and
disagreed that the restaurants may be grandfathered. She agreed with staff's recommendation to
require additional parking as well as additional fees per seat and that all outdoor seating permits
should be susceptible to the new parking regulations because they are increasing their square
footage. She advised that she agreed with Ms. Huebner in that the allowed outdoor seating should
be less than 80% of the inside seating area. Finally she expressed she disagreed with the
probationary period because the residential tax payers should not be burdened either you want it or
you do not.
Claudia Harris 5752 SW 77 Terrace Opposed
Ms. Harris stated that no outdoor music should be allowed. The boundaries of the restaurants
should be enough. The City should make every effort to accommodate ADA. She had an
Planning Board Meeting
July 8, 2008
Page 7 of 8
experience at Deli Lane where she could not get passed the sidewalk because the chairs were
obstructing the sidewalk. Ms. Harris mentioned that homeowners are not being listened to.
Chairman Morton closed the Public Hearing.
Motion: Ms. Chael moved to remove Section (E)(2) related to required parking and the motioned
died due to lack of a second.
Motion: Mr. Cruz moved to amend Section (E)(2) to read that additional parking shall be required
for outdoor seating and the requirements shall be calculated to provide one parking for 100 square
feet of outdoor seating area. Mr. Comendeiro seconded.
Vote: 5 Ayes 1 Nay (Ms. Chael)
Motion: Ms. Young moved to eliminate (E)(14) which allows amplified sound. Ms. Young
seconded. Mr. Figueredo explained that the reasoning behind including this section was due to the
fact that most establishments are currently providing amplified sound. The Board felt that the
current Code should not be changed if it is prohibited then it shall not be allowed.
Vote: 4 Ayes 2 Nays (Mr. Comendeiro and Ms. Chael)
Ms. Yates was not comfortable with (E)(1) indicating that approval of the site plan will be
reviewed by the City Manager and the Board agreed with Ms. Yates. Mr. Youkilis advised that the
special use approvals that go before the Planning Board are purposely advised to not include
outdoor seating because it is handled administratively. The Board agreed that (E)(1) should be
modified to provide that the actual permit should be issued by the Planning Board and the City
Commission. Mr. Youkilis advised that the site plan approval should be administrative because an
application for outdoor seating will go through a tedious and long process involving public
hearings.
Ms. Young was concerned that the definition for chairs and tables under item 2 could be interpreted
in many different ways and therefore recommended that the word "furniture" should be removed
and provide only for chairs and tables.
Motion: Mr. Cruz moved to amend (E)(4) to read that the annual fee to be charged should be an
$10 per square foot for out door seats located on public rights -of -way (not private) and a $250 first
time fee. Mr. Farfan seconded.
Vote: 5 Ayes 1 Nay (Ms. Young)
Motion: Mr. Comendeiro moved to delete the concept of a probationary period in (E)(4) and (E)(6)
and Ms. Young seconded.
Vote: 6 Ayes 0 Nays
Motion: Ms. Yates moved to allow for a warning notice and a cure period of 72 hours in (E)(6)
and Mr. Cruz seconded.
Vote: 6 Ayes 0 Nays
Mr. Comendeiro stated the he feels that if furniture /planters are on public land it should be picked
up but if it is on private property than there should be no imposing on that. Mr. Figueredo advised
that the City may regulate that all furniture be taken inside during non - working hours because they
are given a permit and that is a condition of the permit. He further added that the reason this
ordinance was brought before the Board was that two Commissioners did not want the furniture
Planning Board Meeting
July 8, 2008
Page 8 of 8
stored outside. Ms. Young indicated that she was concerned with the word "furniture" because it
leaves it open for other items. She recommended that "furniture" be removed and, only read "tables
and chairs." Mr. Youkilis advised that this would require a change in (E)(1). Mr. Cruz advised
that unless the couches and benches impede the pedestrian walkway as required then the
establishment should be allowed to place them.
Motion: Mr. Comendeiro moved to remove (E)(18) related to the securing of chairs /tables. The
motion died due to lack of seconded.
Motion: Ms. Young moved to remove the word "furniture" from (E)(1) so that it only provides for
tables and chairs. Motion failed for a lack of seconded.
Mr. Youkilis advised that he made a recommendation to include a section that provides regulations
that the City Manager has the authority to have all outdoor furniture removed in the case of an
emergency situation. The Board was fine with accepting the recommendation.
Mr. Cruz stated that the word "furniture" should have a definition otherwise it leaves it open for
interpretation otherwise allowing anything being to be placed outside. Mr. Figueredo replied that
the site plan has to be approved by the City Manager therefore an applicant cannot simply place
additional furniture not otherwise approved in the site plan. Mr. Cruz recommended that the
Planning Department have someone ADA certified in order to review the seating site plans.
Motion: Mr. Comendeiro moved to approve the draft ordinance with the approved changes to be
suggested to the Commission. Mr. Cruz seconded the motion.
Vote: 4 Ayes 2 Nays (Ms. Young and Ms. Chael)
Motion:. Mr. Comendeiro moved to carry over the next item on the RO parking garage to the
following Board meeting and Ms. Young seconded.
Vote: 5 Ayes 1 Nay (Mr. Farfan)
VI. Approval of Minutes.
Action: Ms. Yates moved to approve the minutes of April 8, 2008 with corrections and Mr. Cruz
seconded.
Vote: 6 Ayes 0 Nays
VII. Next Meeting
Action: Staff advised that the next meeting will be held on Tuesday, August 12, 2008
VIII. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the meeting at
10:59 P.M.
W:\PB\PB Minutes\2008 MinutesUuly KPB- Min- 07- 8- 08.doc