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11-06-08 Item 20South Miami All-America City CITY OF SOUTH MIAMI 11111.1 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. 0 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 PA affect on restaurants wanting to locate in other areas of the City. The distinction between a small restaurant and other restaurant types should be eliminated. This can be done by removing from the Code the definition of a small restaurant, the removal of small restaurant as a special use in any zoning district, and the removal of the special use pre- conditions for small restaurants.(see attached draft ordinance) PLANNING BOARD ACTION The Planning Board at its September 30, 2008 meeting conducted a public hearing on the proposed amendment and adopted a motion by a vote of 4 ayes 2 nays (Ms. Young, Ms. Chael) recommending approval of the proposed amendment. The Planning Board also discussed a related staff observation that a future LDC amendment should consider re- instating a,parking reduction for any restaurant within a two block radius of a municipal parking facility. The Planning Board then adopted a motion by a vote of 5 Ayes 1 Nay (Ms. Chael) to recommend to the City Commission that any future change to the parking requirement for restaurants should not be pursued. RECOMMENDATION It is recommended that the proposed amendment as shown in attached draft ordinance be approved on first reading. i 1 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 \10 -21 -08 \LDC Amend Small Rest. CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY AMENDING LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO REMOVE THE DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL RESTAURANT AS A SPECIAL USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION 20- 3.4(B) IN ORDER TO REMOVE SUB - SECCTION (19) ENTITLED SMALL RESTAURANT: PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Land Development Code (LDC) The Land Development Code currently contains several categories of restaurants including general restaurant, small restaurant, accessory restaurant, convenience restaurant, and walk up restaurant; and WHEREAS, a small restaurant has special requirements which differentiate it from other restaurant types those being that a small restaurant is defined as any restaurant smaller than 2000 sq.ft. and a small restaurant must be located within 200 feet of a public parking lot(facility); and WHEREAS; The Planning Department on several occasions has observed that these requirements have prevented small restaurants from locating in the Hometown District and other areas of the City including the west side of S. Dixie Highway; and WHEREAS, The LDC current regulation limiting location of small restaurants to the Hometown District has had a negative affect on restaurants wanting to locate in other areas of the City; and WHEREAS, the Planning Department has prepared a proposed amendment which removes from the Code the definition of a small restaurant, removes small restaurant as a special use in any zoning district, and removes the special use requirements for small restaurants; and WHEREAS, the Planning Board at its September 30, 2008 meeting, after public hearing, adopted a motion by a vote of 4 ayes 2 nays recommending that the proposed amendment to the Land Development Code be approved; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 entitled "Definitions" of the Land Development Code is hereby amended as follows: Section 20 -2.3 Definitions. ... . . MWI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2 Section 2. That Section 20 -3.3 (D) "Permitted Use Schedule" is amended to delete small restaurant as a special use in all zoning districts zone as shown below. Cectinn 20 -33 (D) Permitted Use Schedule RFTAYL AND WHOLESALE TRADE Small rest-m— 8 & : 4=2 i Section 3 That Section 20- 3.4(B) "Special Requirements" of the Land Development Code is hereby amended as follows: Section 20- 3.4CB1 Special Requirements Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 6 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK day of 12008 APPROVED: MAYOR ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A D D D D D N R USE TYPE D D D D D D K M M L P P U U I I R 4 1 5 1 4 RFTAYL AND WHOLESALE TRADE Small rest-m— 8 & : 4=2 i Section 3 That Section 20- 3.4(B) "Special Requirements" of the Land Development Code is hereby amended as follows: Section 20- 3.4CB1 Special Requirements Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 6 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK day of 12008 APPROVED: MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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: SOU 7, South Miami All- America City U 1 U INCORPORATED 1927 CpnYo A 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 RTTATI. AND WHOLFSALF. TRADE ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A D D D D D N R. USE TYPE D D D D D D K M M L P P U U I I I R 4 5 4 RTTATI. AND WHOLFSALF. TRADE LDC Ans endm ent September 2008 Page 3 of 3 (C) /7 the RECONEVIENDATION 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 7� Y ` b ZVI 7 b /7 the RECONEVIENDATION 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 sour U NCORPORATED 1 92 7 0R_VA �� 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 -3.4 (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, parkina requirements for restaurants within the specialty retail "SR" district; and WHEREAS. the SR district Dresentiv has the largest municipal Darkinq lot in the City of South Miami, as well as extensive on- street parking and off - street parking which can be leased on a month to month basis; and WHEREAS,I 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 venerated retail and restaurant activity; and WHEREAS, the Mavor and Citv Commission therefore wish to amend the Land Development Code to provide for reduced parking requirements for small restaurants within the SR district upon compliance with sDecial 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 0 0 0 R R R S G Small Restaurant S 19 11 Section 3. Section 20 -3.4 of the Land Development Code be, and the same is, hereby amended to add the following subsection 19: (19) SMALL RESTAURANT a. Small restaurants must be located within 200 linear feet of a municipal parking lot. b. The on -site parkina on small restaurant premises must be used for customers only; employees and management must Dark in off -site oarking. c. On -site oarking' 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 Dreoared and served on the premises. Section 4. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. All Ordinances or Darts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section G. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 23th day of July , 1991. APPROVED: a � MAYOR ATTEST. CIT CL READ AND APPROVED AS TO FORM: CITY ATTORNEY 20 -2.3 SOUTH MIAMI 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) i/ 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. ?PTO. 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 forthe 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 �� aaa aaaa a vscna �� a �m o MM Cl) �o O b 0 C-0 co Ld {y U ~ cl C/) O U 0 0 QO Q 0 °' °° z A a�i ° a� rn cA C3 cd ° : a� c. m ,d H b N° o � G o g b (L) PQ y 4 ul a. U O a) a) o g O ,, b a o En a) z [-y �o eA UZ F. ti O W a�i 9 w cc ai z ho pi 0 cd m cd m cd W G � d0 O a d �+ 0 m +� q +� o a +J +2 � �+ 3 .n z a ca a a a a a A A"A z o a a a a a x x rz co Supp. No. 7, Revision 33 20 -3.3 SOUTH MIAMI LAND DEVELOPMENT CODE Supp. No. 7, Revision 34 u, b ti O 0 0 a� b 0 U 0 m 0 'S a 0 a� c� U .,�.� M ❑I i rl O U V] H CD r-I LYj Id O r-1 LO d O O O '5 � Y � cq r-4 m to to to U F,OAA�a Ah0gq a racnaaaa.,crymcnaa o ti o A A Lo a M a a s M a H(Z A arna aavc a a a P4 p4- a LV A4 P4 aaaav� a p c/) ao � �O V1 O ''d V Cfl 4 O N U U] of O O -0 O O Fti 0 om 4 � cn cn -4-a c!) 'd O '�❑ `� d En cd m W 5 Q 0 4 U1 j Cc h0 O Fi F+ lY W y `d cdd O O 40 Cc cn 04 m pr' N � �rD r r� Supp. No. 7, Revision 34 u, b ti O 0 0 a� b 0 U 0 m 0 'S a 0 a� c� U .,�.� M ❑I i rl O U V] H CD r-I LYj Id O r-1 LO d O O O '5 � Y � 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. (f) The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including but not limited to, traffic circulation, landscaping, facility placement, access and facility arrange- ment for this special use permit. �/ (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 WASH/WAX SERVICE (a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m. on Monday through Saturday only. No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner, which does not impede the flow of traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of- way. No mobile service vendor shall station itself within one hundred (100) feet of a residential zoning district; however, this restriction shall not apply to mobile carwash vendors operating in residential districts and servicing the primary residents. (b) All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. (c) No property owner may permit mobile carwash services to operate on. their property for longer than two (2) hours, or operate on site more than two (2) times per week. (d) No signage, other than normal commercial graphics painted upon the actual mobile service vehicle, shall be permitted, except as provided for in (e) below. (e) With special use approval, exception to (c) above may be made for mobile service vendors who are stationed within approved parking structures. No exterior signage visible from a public street shall be permitted for locations within parking structures. (f) Mobile service vendors must operate from four -wheel motorized vehicles regis- tered in the State of Florida. (e) No steam - cleaning, solvents, and/or degreasers may be used. (f) No run -off into catch basins is permitted. (g) If soap is used, any run -off must be negligible and contained on private property. (2 1) ANIMAL HOSPITAL/VETERINARIAN (a) All such uses shall be located within a fully enclosed, air - conditioned, soundproof structure. (b) There shall be no overnight boarding of animals except for medical purposes. Supp_ No. 7 48 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING NOVEMBER 6, 2008 in the XXXX Court, was published in said newspaper in the issues of 10/24/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before a 24 day of OCTOBER , A.D. 2008 (SEAL) V. PEREZ personally known to me Y sjotsry PUTAc State of Florida � •G Cheryl W Mormer my Comm,srien Di)'93490 Exnires07 /58/2012 dM++,#`" sr' a„ f', ed' 4o !•'+e��a*'�.✓•��''•djO3+r +e/%a roux'., O� Br - f.427 CITY OF SOUTH MIAMI" r NOTICE OF PUBLIC. HEARING ,. j NOTICE IS HEREBY given that the City,Commission of.the City of South .Miami, Florida will` conduct' Putilic''Hearings- at' its' regular City Commission meeting .scheduled for Thursday, November 6, 2008' beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: " AN ORDINANCE.OF.TH -CITY OF SOUTH MIAMI; FLORIDA; AMENDING THE CODE OF ORDINANCES BY PROHIBITING - NARCOTICS `RELATED LOITERING; 'PROVIDING -FOR - ENFORCEMENT `OF INFRACTIONS? AND -FOR ,RELATED I PROCEDURES AND PROVISIONS; AMENDING CHAPTER 15 '-OF THE .CODE OF_ ORDINANCES "ENTITLED' "OFFENSES I AND_ MISCELLANEOUS 'PROVISIONS;" TO INCLUDE,. SECTION"15-3; ENTITLED "NARCOTIC RELATED LOITER -. „K ING;' PROVIDING FOR SEVERABILITY; 'PROVIDING; FOR r -INCLUSION IN THECOpE; PROVIDING FOR AN EFFECTIVE DATE. :::i ­ =i '.r `.t. .?. - 1•" - AN,ORDINANCE -,OF. THEMAYOR AND CITY'COMMISSION OF-THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE CITY CODE OF ORDINANCES BY• CREATING THE ' ='DANGEROUS`iINTERSECTION SAFETY'•'REGULATIONS, ` "PROVIDING FOR- RECORDED' IMAGE MONITORING-,AND' ENFORCEMENT OF ? RED -LIGHT INFRACTIONS, AND FOR -, RELATED PROCEDURES AND "PROVISIONS; =AMENDING :' -1 CHAPTER.15 OF THE CODE-OF'ORDINANCES ENTITLED "OFFENSES- '. "ANbi MISCELLANEOUS PROVISIONS, TO FACILITATE WSE OF CODE ENFORCEMENT MECHANISM . FOR DANGEROUS INTERSECTIONSAFETY; AND�AMEND ING CHAPTER 2 SECTION 2 -25(1_) ENTITLED "SCHEDULE OF FINES "; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE: -. ` ' 4h AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS -BY-,AMENDING' -LAND,�DEVELOP- MENT CODE SECTION 20 -2.3 IN ORDER TO-REMOVE THE DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED' USE SCHEDULE,f$ECTION • 20- 3.3(D) TO ° REMOVE SMAL'L?RESTAURANVAS A SPECIAL USE.IN ALL ' ZONING `DISTRICTS; AMENDING SPECIAL ^USE'CONDI - TIONS SECTION 20- 3.4(B)M`IN "ORDERJ' TO REMOVE' SUB - SECTION (19) ENTITLED SMALL-' RESTAURANT: PROVIDING FOR 'SEVERABILITY; PROVIDING' * FOR, . 'ORDINANCES IN CONFLICT; AND PROVIDING AN EFFEC=' TIVEDATE: o_. If yoti Iiave a'i1y inquiries"on the above items please: contact the'City Clerks office at: 305- 663 -6340 ALL inte?ested.parties are invited to attend'and will .t be heard: ti . J[r_ I5 is _ . - -• �- <..• - ,a,.: _] ° „S. •+ Maria M Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City herebj'advises the public that •if a person decides to appeal any decision made by -this • Board, Agency or Coinmission,with respect to any matter considered at its.meeting or hearing, he or•she will need a record of the proceedings, and that for. stick purpose, affected person may need to ensure that. a verbatim record -of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based: 1 0/24 " " ` 06- 342/1107460M fD Q 00 N 2 Vr ~ N 7 fv O rA � LL }O m U Z N O N dD d C" c M = a) O U N > U N U Q U) 0 N N 0 0 LID aa9 rn M M M 000 W N M N E .. a`) Z 4 n C CL O F Z cD CD O p N N p Q fn U U. N 0 r a 305.772.5095 CELL t {' i ' s AVIGNON IN THE GABLES 2401 Anderson Road Unit 2 Gorgeous 1,775 sf 2/2.5 unit w/ den. 1000 sf private terrace. Fully upgraded! $849,000 �.l GABLES BY THE SEA 1140 San Pedro Ave 100' on the water! No bridges to Bay! $2,495,ODO HAMMOCK LAKE 4995 Hammock Lake Drive Special lakefront acre. Custom build your dream home! $3,495,000 305.772.5095 CELL 305.666.6802 DIRECT alyse @olysemessinger.com "Want some opinion with your omelet ?" gn>cr frtur azm iaaak6m tb n Ti, hti;xni lt-AiL dril-red, 1- 800 -441 -0444 � (V CITY OF SOUTH MIAMI NOTICE TO THE PUBLIC ALL INTERESTED PARTIES PLEASE TAKE NOTICE THAT the City Commission meeting scheduled for Tuesday, November 4, 2008 has been rescheduled for Thursday, November 6, 2008 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, South Miami, Florida. For further information please contact the City Clerk's office at 305 -663 -6340. I Maria M. Menendez, CIVIC I City Clerk City of South Miami CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Thursday, November 6, 2008 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY PROHIBITING NARCOTICS RELATED LOITERING; PROVIDING FOR ENFORCEMENT OF INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS;" TO INCLUDE SECTION 15 -3, ENTITLED "NARCOTIC RELATED LOITERING; ". AN ORDINANCEAMENDING THE CITY CODE OF ORDINANCES BY CREATING THE "DANGEROUS INTERSECTION SAFETY" REGULATIONS, PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS, TO FACILITATE USE OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION SAFETY; AND AMENDING CHAPTER 2 SECTION 2 -25(L) ENTITLED "SCHEDULE OF FINES ". y AN ORDINANCE RELATING TO SMALL RESTAURANTS BY AMENDING LAND DEVELOPMENT CODE SECTION 20.2.3 IN ORDER TO REMOVE THE DEFINITION OF SMALL RESTAURANT; AMENDING THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE SMALL RESTAURANT AS A SPECIAL USE IN ALL ZONING DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION 20- 3.4(B) IN ORDER TO REMOVE SUB - SECTION (19) ENTITLED SMALL RESTAURANT R you have any Inquiries on the above Items please contact the City Clerk's office at 305- 663 -6340 ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pwr m Rmma smwes 286.0105. me Cry hereby aaNSes me "u met a a mm seem. w appeal anyoaueroa made bymm Beem,Age yerQxm ,vm, mipeettoem mmeransmeradat a meenaa m headng, he er she wn oeed a r oM of me proceedings, and tat Im such pine, affeaed person may need to amore mat a vetism record or me pmceedings is mane wnoh record h,etwee me tesg "and evmeMO upon wmrn me appeal m m ue pars. EDUCATION -SCHOOLS, FROM 24 Friday of every month. Slices are $1, Pinecrest Academy: 15130 SW 80th, Miami. 305- 386 -0800. • Fall Harvest Carnival: You can buy an unlimited rides bracelet for $30 at the Carnival. In addi- ,ion, there will be a live DJ, fun games, carnival booths and great food; 11 a.m. to 5 p.m. Sat- urday;. Princeton Christian Academy: Accepts applications for the 2008 -2009 school year, Before- and after - school -care programs available. Accredited by the Florida Association of Christian Colleges and Schools (FACCS), the Southern Association of Colleges and Schools (SACS) and the Commission on Interna- tional and Trans - regional Accreditation (CITA). Offers sports, computer lab and other electives; 24795 SW 734th Ave., Princeton. 305- 257 -3644 or pri ncetonchristian.org. Pro -Kids Learning Center: Accepts applications for enroll- ment for children between the ages of 3 months and 5 years. The program is structured by the A Beka curriculum. Also offers after- school care for school -age children and accepts Voluntary Pre -K (VPK) and Child Development Ser- vices programs; 2050 NE Eighth St., Homestead. 305- 246 -5437. Rainbow Christian Academy: Open enrollment. Open House tours are at 9 a.m. every Tues- day morning or by request. Offers academics, sports and music; 22940 Old Dixie Hwy., Goulds. 305- 258 -0194. Sacred Heart Catholic School: Open enrollment for pre -k through eighth grade; 300 SE First Dr., Homestead. 305- 247 -2678. School for Advanced Studies North: Eleventh and 12th grade public senior high school offered on the Kendall, North and Wolfson campuses of Miami Dade College. Students can take high school and college -level courses: • Miami Dade College Kendall Campus, 1701 SW 104th St., room T -706, Kendall. 305- 237 -0510. • Miami Dade College Home- stead Campus, 500 College Ter., Homestead. 305- 237 -0510. e Miami Dade College North Dade Campus: 11380 NW 27th Ave., Ste. 1111, North Miami. 305- 237 -1089. • Miami Dade College Wolfson Campus, 25 NE Second St., Miami. 305- 237 -7270. Smart Start Early Childhood Enrichment Center: Open enrollment for children 5 and under. Open 6:30 a.m. -6 p.m., 47 NW 76th St., Homestead. 305- 246 -0909. Smart Starts Day School: Offers yearlong, bilingual preschool for kids up to age 5. Features certi- fied teachers, Spanish classes, A Beka curriculum, computer access, before and after- school programs and Internet cameras, accessible from anywhere, for parents to watch their kids in class. Ongoing registration, lim- ited enrollment, school visits available, free Voluntary Pre -K (VPK) for 4- year -olds accepted. Locations include 8445 Sunset Dr., Kendall; 9025 Sunset Dr., Kendall; 1101 SW 12th Ave., Miami; and 7450 W. Fourth Ave., Hialeah. 305 -596 -3383 or s ma rtsta rtsdayschool.co m. Somerset Academy Charter School: Accepting applications for the 2008 -2009 school year. Offers low student -to- teacher ratio, full -time teacher assis- tants, FCAT tutoring, before - and after - school care programs and multiage learning environ- ment; 18491 SW 134th Ave., South Miami - Dade. 305- 969 -6074. Southwood Middle School's Visual and Performing Arts Magnet Program: offers tours every Monday by appointment only. Call 305- 251 -5361 ext. 2209 to schedule a tour; through Jan. 5; 16301 SW 80th Ave., Southwest Miami -Dade. 305- 251 -5361. St. Matthew's Cooperative School: Accepting registration for the 2008 -2009 school year. Co -op program with a certified teacher and parental participa- tion in the educational program. Designed for kids 3 -5 years old. Small classroom environment. Enrolling for Voluntary Pre -K program (VPK); 7410 Sunset Dr., South Miami. 305- 661 -1287. St. Paul Lutheran School: Open enrollment for pre-K through eighth grade. Offering a phonics based reading curriculum for preschool and elementary stu- dents and an integrated student centered curriculum for middle school. Extra curricular activi- ties include sports, karate, gym- nastics and French; 10700 SW 56th St., South Miami. 305- 271 -3109 or www.stpaul- lutheranschool.org. St. Philip's Episcopal Church: 1142 Coral Way, Coral Gables., 305- 444 -6176. • Admission Open Houses are on Dec. 3 and Jan. 14. Ail ses- sions will be at 10 a.m. The aca- demic program at the school is commited to character devel- opment for nursery through sixth grade students. E.W.F. Stirrup Elementary: Accepts application for the math - science - aerospace mag- net program for the 2008 -2009 school year. Students should be entering fourth or fifth grade; 330 NW 97th Ave., Sweetwater. 305- 226 -7001.