10-21-08 Item 14South Miami
All*mfta City
CITY OF SOUTH MIAMI 111111
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: Ricardo Soto -Lopez MUP, Planning Director
Date: October 21, 2008
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 I Nay (Ms. Chael) to recommend to the City
Commission that any future change to the parking requirement for restaurants should not be pursued.
RECOMMENDATION
It is recommended that the proposed amendment as shown in attached draft ordinance be approved.on first reading.
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
RSUSAY
X: \Comm Items\2008 \1 0 -21 -08 \LDC Amend Small Rest. CM Report.doc
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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.
... . .
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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.
Cectinn 20 -33 ml Permitted ITse Schedule
RETAIL AND WHOLESALE TRADE
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
Small rreatoiirswn #a mua�be 1 a...] 4-h-i ti @ L.. «.7..,,.7 /'1/1!1\ 1: «..,._ F .A a=;
Tho situ ..1 ipg on small re-tsiisrs�nt wr¢�^^: ^,".....• ,•a 1.,. ,.,7 F
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 12008
APPROVED:
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RETAIL AND WHOLESALE TRADE
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
Small rreatoiirswn #a mua�be 1 a...] 4-h-i ti @ L.. «.7..,,.7 /'1/1!1\ 1: «..,._ F .A a=;
Tho situ ..1 ipg on small re-tsiisrs�nt wr¢�^^: ^,".....• ,•a 1.,. ,.,7 F
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 12008
APPROVED:
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1" Reading —
2nd Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items\2008 \10- 21- 08 \LDC Amend Small rest Ord.doc
3
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer: .
Commissioner Beckman:
so Ur South Miami
H AIRmerica City
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INCORPORATED
1927
Cp�Y9
2001
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 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.
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 LDC AMENDMENTS
In order to remove the small restaurants from the LDC the following three amendments must be made:
Section 20 -2.3 Definitions.
(B)
Section 20 -3 3 D Permitted Use Schedule
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LDC Amendment
September 2008
Page 3 of 3
RECOMMENDATION
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
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RECOMMENDATION
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
CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Monday, September 30, 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 7:35 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 2 of 5
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.
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
Planning 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.1 and No.2 were only staff's
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, 2008
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 motions 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
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 20 -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 -3.9 (B) BY ADDING A NEW SUBDIVISION
(19); PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the Citv of South Miami, Florida has heretofore
enacted a Land Development Code oroviding for; inter alia,
parking reouirements for restaurants within the specialty retail
"SR" district; and
WHEREAS. the SR district presently has the largest
municipal narking lot in the City of South Miami, as well as
extensive on- street narking and off - street narking 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 comprehensive master plan, to -wit: open
space, landscaping; use of small scale structures and pedestrian
generated retail and restaurant activity; and
WHEREAS, the Mavor and Citv Commission therefore wish to
amend the Land Development Code to provide for reduced parking
reouirements 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 gross square feet.
Section 2. Section 20 -3.3 (D) be, and hereby is, amended
to include the following additional use:
C p
ZONING DISTRICTS 0 A
N R
R L M N S G I H D K
O 0 0 R R R S G
Small Restaurant S 19 11
Section 3. Section 20 -3.4 of the Land Development rode 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 municioal parking lot.
b. The on -site oarkina on small restaurant oremises must be
used for customers only; employees and management must
park in off -site oark,ina.
C. On -site narking must satisfy 25% of Land Development
Code requirements.
d. Small restaurants may only serve alcoholic beverages to
any given patron 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
wav 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, herebv repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 23th day of July , 1991.
APPROVED:
MAYOR
ATTEST.
CIT r_L
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
20 -2.3 SOUTH ML4MI 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)
V/ 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 -91- 1491 -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 the following:
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.
Supp. No. 5 16
DEFINITIONS 20 -2.3
Room. Shall mean any compartment in any building, including parlors, dining rooms,
kitchens, offices, stores, sample 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.
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. No. 7, Revision 33
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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 architectural 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.
(fl 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.
�/ (19) 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 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