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12-02-08 Item 17South Miami ;I- AmedcaC i CITY OF SOUTH MIAMI ( �® OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: From: Date: Ajibola Balogun, City Manager Director 4,o ITEM No Sanford A. Youkilis, Acting Planning December 2, 2008 Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY INSERTING NEW SECTION 20- 3.1(E) TO BE ENTITLED "BUSINESS OUTSIDE A BUILDING ", IN ORDER TO REQUIRE THAT ALL COMMERCIAL ACTIVITIES CONDUCTED OUTSIDE A BUILDING MUST HAVE A PROPERLY ISSUED LICENSE OR PERMIT ALLOWING FOR OUTDOOR USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The Administration in recent months has received numerous complaints that certain types of business have been conducting all or part of their business activities on the outside of the building in which the main building is located. Planning staff has observed this activity in several areas and includes businesses such as automobile repair, unlicensed food vendors, and extension of physical fitness or personal skills training into parking lots and public rights of -way. The Administration in recent months has received numerous complaints that certain types of business have been conducting all or part of their business activities on the outside of the building in which the business is located.. It has been the City's long- standing policy that business activities can only be conducted inside a building unless specifically allowed as a permitted use (license or certificate of use) or by special approval by the Administration or the City Commission. An amendment to the Land Development Code essentially memorializes this existing policy by incorporating it into the Land Development Code. LEGISLATIVE HISTORY This item was before the Planning Board at its September 15, 2008 at which time the Board reviewed a staff recommendation which prohibited business outside a building and then listed a number of exemptions for uses which obviously were conducted outside a building. Before the approved amendment was forwarded to the City Commission in ordinance format the sponsor of the amendment, the City Manager, requested that the amendment language needed to be simplified. The City Attorney prepared a revised amendment which was brought before the Planning Board at its October 28, 2008 meeting. At that time the Board amended the revised recommendation and approved it for transmission to the City Commission. During the first reading of the proposed ordinance at the City Commission meeting on November 18, 2008, it was requested that clarifying language be added to assure that the legislation did not apply to non- business personal outdoor activities or gatherings. The City Attorney has advised that the proposed legislation is directed to commercial uses outside a building and that adding the word "commercial" at the beginning of the amendment would clarify the main objective of the legislation. The proposed amendment contains the revision suggested in the first line. 2 PROPOSED AMENDMENT Section 20 -3.1 Zoning use districts and purposes. (A) - (D) "(E) Business Outside a Building - No commercial use within any commercial or mixed use district shall be permitted to be conducted outside of the building, unless a properly issued permit is associated with the use. Those outdoor uses that seek and obtain a permit from the City may conduct the outdoor uses in accordance with the terms and conditions of the permit This section codifies the long - standing administrative policy and practice of the City relating to uses of structures and uses that extend outside of the structure, as outdoor uses may impact requirements relating to parking, infrastructure, noise, and may create a nuisance situation. Any outdoor use (allowed by zoning permit or special event approval) may be subiect to enforcement action or permit revocation if the activities adversely affects, interferes, or creates a nuisance in a public 'right -of -away or to adiacent properties." PLANNING BOARD ACTION The Planning Board at its October 28, 2008 meeting conducted a public hearing on the proposed amendment and then adopted a motion recommending approval of the proposed amendment by a vote a vote of 4 ayes 2 nays (Ms. Young, Ms. Chael). RECOMMENDATION It is recommended that the proposed amendment as shown in above in this report be included in the attached draft ordinance and approved on second. reading. Attachments Draft ordinance Planning Department Staff Report 10 -28 -08 Planning Board Minutes Excerpt 10 -28 -08 Public Notices SAY X: \Comm ]tems\2008 \12- 2- 08 \LDC Amend Amend Bus Outside Building. CM Report.doc I ORDINANCE NO. • 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND 5 DEVELOPMENT CODE BY INSERTING NEW SECTION 20- 3.1(E) TO BE ENTITLED 6 "BUSINESS OUTSIDE A BUILDING ", IN ORDER TO REQUIRE THAT ALL 7 COMMERCIAL ACTIVITIES CONDUCTED OUTSIDE A BUILDING MUST HAVE A 8 PROPERLY ISSUED LICENSE OR PERMIT ALLOWING FOR OUTDOOR USE; 9 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Administration has received numerous complaints that certain types of 13 business have been conducting all or part of their business activities on the outside of the building 14 without proper license, certificate of use or special approval; and 15 16 WHEREAS, this activity can be detrimental and unfair to near -by businesses and 17 residents in the same vicinity and therefore it is appropriate for local governments to regulate this 18 type of activity; and 19 20 WHEREAS, it has been the City's long - standing policy that business activities can only be 21 conducted inside a building unless specifically allowed as a permitted use (license or certificate of 22 use) or by special approval by the Administration or the City Commission.; and 23 24 WHEREAS, an amendment to the Land Development Code would memorialize this 25 existing policy and would provide a specific regulation on conducting all or part of business •26 activities on the outside of the building without proper license, certificate of use or special 27 approval ;and 28 29 WHEREAS, the Planning Board at its October 28, 2008 meeting, after public hearing, 30 the Board adopted a motion recommending approval of the proposed amendment by a vote of 4 31 ayes and 2 nays; and 32 33 WHEREAS, the City Commission desires to accept the recommendation of the Planning 34 Board and enact the aforesaid amendment. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 Section 1. That Section 20 -3.1 entitled " Zoning use districts and purposes" of the Land 40 Development Code is hereby amended to add the following: 41 42 Section 20 -3.1 Zoning use districts and purposes. 43 (A) — (D) 44 45 "(E) Business Outside a Building - No use within any commercial or mixed use district shall 46 be permitted to be conducted outside of the building, unless a properly issued permit is 47 associated with the use. Those outdoor uses that seek and obtain a permit from the City may 48 conduct the outdoor uses in accordance with the terms and conditions of the permit. This 49 section codifies the long - standing administrative policy and practice of the City relating to 50 uses of structures and uses that extend outside of the structure, as outdoor uses may impact 51 requirements relating to parking, infrastructure, noise, and may create a nuisance situation. 52 Any outdoor use (allowed by zoning permit or special event approval) may be subject to 53 enforcement action or permit revocation if the activities adversely affects, interferes, or 54 creates a nuisance in a public right -of -away or to adjacent properties." 55 1 • 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 2 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: day of .52008 APPROVED: CITY CLERK MAYOR 1St Reading — 2na Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY X: \Comm ltems\2008 \11- 18- 08 \LDC Amend Bus Outside Build, Ord.doc COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Beckman: So u r y South Miami o� �r 4 All - America City .1 P INCORPORATED 1927 C�Rx9 A 2001 To: Honorable Chair and Date: October 28, 2008 Planning Board Members From: Ricardo Soto - Lopez, MUP�/� Re: LDC Amendment — Business Outside Planning Director A Building Sec. 20- 3.1(E) PB -08 -030 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY INSERTING NEW SECTION 20- 3.1(E) TO BE ENTITLED "BUSINESS OUTSIDE A BUILDING ", IN ORDER TO REQUIRE THAT ALL BUSINESS ACTIVITIES MUST BE CARRIED OUT WITHIN A BUILDING AND PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 40 BACKGROUND The Administration in recent months has received numerous complaints that certain types of business have been conducting all or part of their business activities on the outside of the building in which the main building is located. Planning staff has observed this activity in several areas and includes businesses such as automobile repair, unlicensed food vendors, and extension of physical fitness or personal skills training into parking lots and public rights of -way. This activity is detrimental and unfair to near -by businesses and residents in the same vicinity. It is appropriate for local governments to regulate this type activity. It has been the City's long- standing policy that business activities can only be conducted inside a building unless specifically allowed as a permitted use or by special approval by the Administration or the City Commission. An amendment to the Land Development Code essentially memorializes this existing policy by incorporating it into the Land Development Code. LEGISLATIVE HISTORY This item was before the Planning Board at its September 15, 2008 at which time the Board reviewed a staff recommendation which prohibited business outside a building and then listed a number of exemptions for uses which obviously were conducted outside a building. (see attached Staff Recommendation). At that time the Board amended the staff recommendation by adding that business outside of a building was prohibited "..the activities adversely affects, interferes, or creates a nuisance in a public right -of -away or to adjacent properties" (see attached Planning Board Recommendation). The Board then approved the amendment by a vote of 5 ayes and 0 nays. The City Manager, who originally requested an amendment to respond to this issue, asked the City Attorney to review the amendment before placing it before the City Commission. The City Attorney advised that the wording of the final amendment could be interpreted that the exempted uses could exist even if they adversely affected or created a nuisance. The City Manager then requested the Planning Board to re- consider its recommendation and to review the City Attorney's suggestion. The attorney suggested that a more simplified amendment would be more appropriate. 0 • LDC Amendment October, 2008 Page 2 of 2 CITY ATTORNEY PROPOSED AMENDMENT Section 20 -3.1 Zoning use districts and purposes. (A) — (D) (E) Business Outside a Building - No use within any commercial -or mixed use district shall be permitted to be conducted outside of the building, unless a properly issued permit is associated with the use Those outdoor uses that seek and obtain a permit from the City may conduct the outdoor uses in accordance with the terms and conditions of the permit This section codifies the long - standing administrative policy and practice of the City relating.to uses of structures and uses that extend outside of the structure as outdoor uses may impact requirements relating- to parking infrastructure noise, and may create a nuisance situation RECOMMENDATION The amendment above formalizes the City's policy that outdoor uses are prohibited unless allowed by a zoning approval (permit or certificate of use) or a special event approved by the City Manager or City Commission. However the amendment above does not specify that adverse affects or the creation of nuisance by a use outside a building is prohibited. It is recommended that the proposed amendment (Section 20- 3.1(E), as set forth above by the City Attorney should be amended by adding the wording that "any outdoor use (allowed by zoning permit or special event approval) may be subject to enforcement action or permit revocation if the activities adversely affects, interferes, or creates a nuisance in a public right -of -away or to adjacent properties." Attachments: Planning Staff Recommendation Planning Board Modification Planning Board Minutes Excerpt, Sept. 15, 2008 Public Notices RSUSAY X: \PB\PB Agendas Staff Reports\2008 Agendas Staff Reports \10- 28- 08 \PB -08 -030 LDC Amend Busineess Outside.doe • STAFF RECOMMENDATION 9/15/08 PROPOSED AMENDMENT Section 20 -3.1 Zoning use districts and purposes. (A) — (D) (E) Business outside a building- No business shall be permitted unless such business is conducted within a building according to the provisions of this and other ordinances of the City of South Miami; provided that this section shall not apply to the following: (1) Automobile service stations; (2) Automobile for sale or lease lots commercial parking lots and mobile automobile wash/wax services when approved in accordance with the provisions of this Code; (3) Open air cafes or restaurants with outside seating/dining when approved and permitted in accordance with the provisions of this Code; (4) Restaurant drive -in service windows and drive -in and/or tellers when approved in accordance with the provisions of this Code; • (5) Mobile vendors of merchandise or food /beverage services when approved in accordance with the provisions of the City Code and/or this Code; (6) Special events or activities approved by the City Manager in accordance with the provisions of the City Code and /or this Code. C7 .0 PLANNING BOA. 9/15/08 PROPOSED AMENDMENT Section 20 -3.1 Zoning use districts and purposes. (A) _ (D) (E) Business outside a building- No business shall be permitted to be 4MIP -- ,.mP L conducted outside a building if the activities adversely affects, interferes, or creates a nuisance in a public right -of -away or to adjacent properties b provided that this section shall not apply to the following: (1) Automobile service stations; (2) Automobile for sale or lease lots, commercial parking lots and mobile automobile wash/wax services when approved in accordance with the provisions of this Code; (3) Open air cafes or restaurants with outside seating /dining when approved and permitted in accordance with the provisions of this Code; (4) Restaurant drive -in service windows and drive -in and/or tellers when approved in accordance with the provisions of this Code; • (5) Mobile vendors of merchandise or food/beverage services when approved in accordance with the provisions of the City Code and /or this Code; (6) Special events or activities approved by the City Manager in accordance with the provisions of the City Code and /or this Code. r� • • • CITE' OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes Tuesday, October 28, 2008 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag =a Action: The meeting was called to order at 7:38P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Farfan, Mr. Cruz, Ms. Young, and Ms. Chael. Absent: Mr. Comendeiro City staff present: Ricardo Soto - Lopez, (Planning Director), and Sanford A. Youkilis (Consultant), and Lluvia Resendiz (Zoning Tech). III. Planning Board Applications/Public hearing PB -08 -030 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY INSERTING NEW SECTION 20- 3.1(E) TO BE ENTITLED "BUSINESS OUTSIDE A BUILDING ", IN ORDER TO REQUIRE THAT ALL BUSINESS ACTIVITIES MUST BE CARRIED OUT WITHIN A BUILDING AND PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mr. Morton read the item into the record. Action: Mr. Soto -Lopez advised that the language was not tight enough. He advised that staff was in support of the text amendment and referred the item to the City Attorney for a detailed explanation. Mr. Morton requested clarification with regards to Mr. Soto - Lopez's support in the change of language and asked if the change was based on the document presented. Mr. Soto -Lopez replied that the recommendation is to move forward with the change in language. Mr. Figueredo stated that the purpose of the text amendment was to memorialize a long standing policy. The policy currently states that a business owner holding a Certificate of Occupancy for an internal use may be required to get a license to extend a business outside. As an example he referred to the outdoor seating permit. He stated that the outdoor seating must be applied for in Planning Board Meeting October 28, 2008 Page 2 of 3 • order to extend the business outside. The City Manager wished to codify what has been an administrative policy. Mr. Morton referred to body shops along Commerce Lane in that its operation consists of extending the business outside. He stated that if this policy were to be approved it would prohibit the possibility of cars being parked outside. Mr. Figueredo advised that the business owner would be required to get special permission to conduct that business outside. Mr. Figueredo advised that the text amendment indicates that if there is no prohibition for a use outside of the structure then the business owner will be required to obtain a special permission by the City. Chairman Morton opened the Public Hearing. Name Address Position Sharon McCain Oppose Ms. McCain stated that the purpose of the ordinance was because an outside physical fitness operation. However this ordinance, as it is written does not rectify the problems that have existed. In the neighborhoods downtown there are several physical fitness activities that extend themselves outside taking up the entire street forcing residents to walk on the street. This ordinance says that you can do that if you get a permit from the City. The text amendment, as proposed, does nothing to rectify the problem. Ms. McCain requested that the text amendment be specific in order to solve the real problem. If this text amendment is approved the City's LDC will be loose and open for, interpretation. The way the language is written is dangerous and does not solve the reason why it was brought before the Planning Board. i • Mr. Morton questioned if the City will have the authority to rescind an issued permit if it were to be determined that a side walk was obstructed. Mr. Figueredo stated that any permit that is issued will have conditions. Mr. Figueredo stated that the language change indicates that when an indoor Certificate of Occupancy permit is issued it is issued for indoor use and cannot be taken outside. To go outside will require an additional permit. Mr. Youkilis advised that there are permits that are for outside uses such as gas stations and outdoor seating. He requested that the Board pay attention to the last paragraph of the staff recommendation where staff supports the City Attorney's wording. Staff, however, has incorporated a sentence to state that the outdoor use is subject to enforcement or permit revocation if the activity or permit creates a nuisance. Mr. Figueredo agreed with Mr. Youkilis. Cathy McCann 5820 SW 87 Street Oppose Ms. McCann stated she was not in favor of the text amendment. She feels that the text amendment reads as if the uses will be permissive and not prohibited. A permissive code states that if it does not say that you can do it than you cannot. In changing this language does not solving the problem but rather creates another layer of interpretation. It has worked in the past therefore we should not change it. Chairman Morton closed the Public Hearing. Mr. Cruz stated that the Board made recommendations on this item in a previous meeting and the language was very specific with exemptions. The current proposed language is not specific at all. He requested clarification as to who will make the determination as to what will be allowed outside or not. Mr. Soto -Lopez replied that it was as specific as the City Attorney could make and he wrote it very specific. Mr. Cruz clarified that he was not implying that the City Attorney's • proposed text amendment was incorrect. He stated that when it was first written staff was Planning Board Meeting October 28, 2008 Page 3 of 3 • specifically looking at an exclusion of certain items those items are not excluded in the new amendment. Mr. Cruz stated he agreed with Mr. Morton in that the text amendment could affect business such as an automobile repair shop. Mr. Cruz questioned it the Board will be asking for specific permits. He also noted that the text amendment provides for an avenue but not clear as to which avenue will be taken for these types of permits. Mr. Soto -Lopez stated that he will not interpret the City Attorney's comments. Mr. Cruz questioned the type of mechanism that will be in place for the issuance of permit. Mr. Cruz stated that his concern was the way it was written may present issues in the future. Mr. Figueredo replied that the intent was not to direct something that is common sense such as a gas station. Mr. Figueredo also stated that the text amendment states that there is a limit and the limit of the approval will be for indoor use unless it is specifically permitted to go outside. This intent is to address Code Enforcement issues. By having a provision that a permit is specific to allow indoors uses any structure with outdoor uses will require an additional permit. Unless a business is specifically permitted in the LDC a special permit will be required by the administration. The City Manager wanted a broader amendment. Ms. Chael greed with McCann in that the text amendment will be over regulation. She stated that as worded it can be understood that pedestrians and cyclists could be a nuisance. She feels that in changing the section in the code it could be considered to be over enforcing. , Ms. Young requested clarification as to why the text amendment was brought back to the Planning Board and not forwarded to the City Commission. Mr. Soto -Lopez replied that the City Manager wanted tighter regulation on outdoor uses. Mr. Morton passed the Chair to the Vice Chair. Motion: Mr. Morton moved to approve the text amendment as recommended with the additional sentence proposed by staff. Mr. Cruz seconded. Vote: 4 Ayes 2 Nays (Ms. Chael and Ms. Young) Vice Chair Brenda Yates passed the Chair back to Chairman Morton. XAComm Items\2008 \11- 18- 08\PB- Min- 10 -28 -08 Excerpt Business .doc L 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 O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, 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 roomy, Florida; that the attachedc.opy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR DECEMBER 2, 2008 in the XXXX Court, was published in said newspaper in the issues of 11/21/2008 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 thjs advertis n r publication in the said ` newspaper �j Sworn to and subscribed before me this 21 da of NOVEMBER A.D. 2008 1 (SEAL) O.V. FERBEYRE personally known to me R Notary Public State of Florida Veronica Perez My Commission D0819771 Expires 09/03/2012 CITY:,, , S,OUTW `MIAMI.._ _ NO'�ICE OF RIfBL.IC HEARINIG NOTICE IS HEREBY.'given that the City Commissfon;ofthelCfty_of South? Miami,.: Florida will ,• conduct Publib Hearings_ at its regufa� City. Commission. meeting' scheduled'ior •Tuesday,`-Decein6erf 2;• "2008'' !beginning at 7:30.0 in: in.the City Commis'sion.Chambers, 61,30 Sunset' Drive, to consider the following items:., AN ORDINANCE QF THE MAYOR?AND CITY COMMISSION OF THE. CITY OF;SOUTH_MIAMI, FLORIDA;; AUTHORIZING THE'. ' CITY MANAGER TO PURCHASE A STREET SWEEPER''ONE FORD'F- 250,.. ONE , SIDE LOADER *':ONE' DUMP'TRUCK'- »AND 1 FOUR {4) CROWN VICTORIA'S FOR'A�TOTAL``AMOUNT -OF', $541,911.00 AND ACCEPTING THE -INTEREST RATE OF 4.25% FOR. A_ FIVE YEAR FINANCING .TERM :THROUGH J FIRST NATIONAL BANK` OF- `SOUTH - MIAMI �'Vi[TH FIVE 9 ANNUAL "PAYMENTS IN,THE AMOUNTS OF•$120;000 OO.AND .0 ,'HARGING TO.PUBLIC WORKS,ACCOUNT;NUMBERS 001. - ..; 1720 -534 - 4455, 001- 1730- 541 4455,, STORM JINATER DRAIN TRUSTFUND.ACCOUNT NUMBER_111- 1730 - 541 =4455 AND POLICE DEPARTMENT.ACCOUNT•NUMBER "001 -1910 -521- 4450 VEHICLE- TRUCK' 'LEASE'S PURCHASE - k ACCOUNT,• NAMES; PROVIDING .;FOR SE;VERABILITY,ORDINANCES IN CONFLICT, AND'AN EFFECTIVE DATE.­' AN ORDINANCE OF THE NIAYOR'AND THE, CITY COMMIS, SIGN OF THE CITY OF-SOUTH.MIAMI, FL( RIDA-RELATING-- • TO.', THE.' PERMIT p FEE%FEE )SCHEDULE; AMENDING ORDINANCE 44- 08- 1.979;TOsADD NEW FEES TO THE-SCHED -, ULE;' PROVIDING'�FOR- SEVERABILITY, 'ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. i :. 'Ar N AN ORDINANCE.OF THE MAYORAND CITY COMMISSION OFst THE CITY OF:'SdUfH'MIAMI, •FL'ORIbA, "RELA.TING TO:, -A�, ' REQUEST TO AMEND THE LAND „DEVELOPMENT COD.E,.BY:'a: I INSERTING -NEW SECTION 20- 3.1(E), TO. BE;:ENTITLED.`' "BUSINESS OUTSIDE.A;BUILDING”, IN ORDER-TO; REQUIRE -,� i THAT4ALL .COMMERCIAL" ACTIVITIES WITHOUT.A. PERMIT' ALLOWING ;FOR`•OUTDOOR•,`USE:MUST BE 'CONDUCTED' WITHINuA:•BUILDING; .P-ROVIDING FOR - .SEVERABILfTY; G PROVIDIN: FOR ORDINANCES IN CONFLICT AND PROVIDINGAN,EFFECTIV;E DATE.-. i. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF' THE CITY `OF SOUTH ''MIAMI % RELATING 4tO; CHARTER AMENDMENTS;? PROPOSING : AMENDMENT ;TQ;'ARTICLE . V,.::. . ELECTIONS, PARAGRAPH 2,A:, TO CHANGE THE MONTH IN, i WHICH GENERAL ELECTIONS ARE HELD FROM FEBRUARY TO NOVEMBER - OF' 1EACH` EVEN- NUMBERED YEAR,' SUBMITTING :THE BALLbT'-QUEST.1014. TO ,,tHE:iELECTO-, , } I RATE OF THE, CITY AT -:THE SPECIALfELECTION SCHED- .�. ULED FOR JANUARY .13, 2009;. PROVIDING`SEVERAbILITY;' ORDINANCES IN CONFLICT] AND A-N EFFECTIVE DATE:± }.' ' _ -__fir' i°. :1';':'!W.J e�: :: -�. 'If you have any inquiries on -the above items please contact the City Clerk's office at: 305- 663 =6340 ALL interested parties are invited to attend -and will:be!h'eard ; . Maria M. Menendez, CMCr �- 1 -. City Clerk FPursuant to .Florida 8tatutes - 286.0105;. the City hereby advises the public that if a person' decides fto' appeal any decision made by this± Board, Aggncyor Commission-with respect to any matter considered at, ;its meeting or. hearing, he or she will need.a record-of the proceedings, +and that for such purpose, affected person mayneed`to ensue that a' verbatim record of the'p`roceedings is made - which record,- includes the ;testimony and evidence upon which the appeal is to be. based. 11 /21 -., 08= 3- 60/1124653M d Q O N = Vr 0 0 Q <L � O N W to U Z N O N a) E 0) E to a f1 .° Z '2 c n C N O V d > U m 0 Q Tn 0 N N 04 N o 3. C4 C-4 a0 " m N E 7 d`1 Z E o CL T E o H 7 C _0 t2 t2 p Q cn 0 00 0 N M N r r 0 I.i. NEIGHBORS CALENDAR 'CALENDAR, FROM 45 6161 NW 22nd Ave.. Miami; $5 per week. 305- 755 -7800 or miami - dade.parks. Sunday Racing Series: Participants can enjoy racing with Shake -A -Leg Miami's best skippers. No experience necessary. Volunteers needed; l p.m. Sunday; Shake -A -Leg Miami, 2620 S. Bayshore Dr., Coconut Grove; $15, $10 members. 305- 858 -5550 ext. 1O3 or shakealegmiami.oro. Tree or Hope: PETCO Foundation hosts the event to help boost pet adoptions and save animal lives. Pet adoption takes place in 950 PETCO stores nationwide. PETCO custom- ers can make a difference for hun- dreds of pets by purchasing card ornaments for their donation; through Dec 24; Petco. 6200 S. Dixie Hwy., South Miami; $1 -$20. 305- 665 -7335 or petcofounda- tion.org. University of Miami Psychological Services: Psychotherapy services are offered to children, families, adults and couples on a fee scale based on family income. Therapists are graduate students in the Univer- sity of Miami's clinical psychology training program and UM faculty; through Dec. 15; University of Miami Psychological Services Center, 5665 Ponce de Leon Blvd., Coral Gables. 305- 284 -4265, ext. 0. HEALTH AND FITNESS 4-H Youth Development Program: 4 -H is a free, volunteer -led, youth development program, forages 5 to 18, with a focus on citizenship, lead- ership and communication skills. it is managed by Miami -Dade Coopera- tive Extension, a partnership of the Miami -Dade Consumer Services Department and the University of Florida; lO a.m. to 5 p.m. Monday -Fri- day; Miami international Mali, 1405 NW 107th Ave., Doral; free. 305 - 592-8044 or miami- dade.i- fas.ufl.edu /4h. Aquatics Class: Gentle indoor warm water exercise class for people suf- fering from arthritis:4 p.m.Tuesday and Thursday; Jackson South Com- munity Hospital, 9333 SW 152nd St., Palmetto Bay; free. 305- 992 -4069. Art of Yoga: Class teaches medita- tion-in- motion emphasizing on spontaneity and creativity, 4 and 5 p.m. Sunday; Art Temple, 7141 Indian Creek Dr., Miami Beach; $10. 305- 926 -3578. Bike Meet Up: Cycle about 10 -20 miles at 12 mph and stay fit. Helmets are mandatory. $13 for T -shirt; 6:30 p.m. Tuesday and Thursday, B to 11 a.m. Saturday; Starbucks, 11515 S. Dixie Highway, Pinecrest; free. 305- 283 -3413 or bike.meetup.com. Blood Pressure Checks: 10 a.m. to noon Monday, Wednesday and Fri- day; Aventura Chiropractic Care Center, 20475 Biscayne Blvd., Ste. G. Aventura; free. 305 -937 -3700. Chair Yoga: Stacey teaches yoga for body, mind and spirit. Accessible yoga foryoung at heart; loto it a.m. Monday; Unitarian Universalist Con- gregation, 7701 SW 76th Ave., Miami; $10.305-274-8029. Executive Fitness Boot Camp: Includes aerobic and anaerobic training, calisthenics, core strength- ening and full body weighted exer- cises. All participants must be at least 18 years old and will have to sign a waiver; 6:30 to 7:15 p.m. Tues- day and Thursday; Bayfront Park, 301 Biscayne Blvd., Miami; call for price. 305- 332 -7679 or rob.executiv- efitnesst: -9 mail.com. Focus on Healing: Dance and move- ment program for people who have physical limitations from an illness or surgery. Participants will learn sim- ple dance movements and gentle exercises designed to improve flexi- bility, strength and a range of motion and balance; 9:30 to 10:30 a.m. Wednesday; Victor E. Clarke Center at South Miami Hospital, 6200 SW 73rd St., South Miami; $5 per class. 786- 662 -8106. Hatha Yoga with Stacey: Get ft and add balance to your life. Multi -level classes; 10 to 11:30 a.m. Tuesday and Saturday: South Miami/Coral Gables Elks Lodge #1676, 6304 SW 78th St., South Miami; $10.305- 274 -8029 or staceyberkley.com. Marjorie and William McDonald Center: 17011 NE 19th Ave., North Miami Beach: • Beginners Classes - Taoist Tai Chi Society of USA: 6:30 to 7:30 p.m. Tuesday and Thursday. Suggested donations $50,$30 for seniors. tao- i.Lorg. Yoga For Adults: City of North Miami Beach Parks and Recreation Department invites adults for weekly class. Bring your own, mat; 9:30 to 11:30 a.m. Tuesday. $7. 305- 948-2957 or citynmb.com. Navarro Flu Shots: Navarro Discount Pharmacies are offering flu shots at most locations. Locations and times will vary by store. For specific infor- mation check weekly Navarro flyer or call Navarro Customer Service from 8 a.m. to 10 p.m. Monday- Satur- day or Sunday 9 a.m. to 7 p.m., 9 a.m. to 5 p.m. Monday- Friday; $25.866 - NAVARRO (628- 2776). New Sweaty Yoga: A preset series of yogas performed in a heated room; noon Wednesday; Synergy Center for Yoga and the Healing Arts, 435 Espanola Way, Miami Beach; call for price. 305 -538 -7073 or synergyyo- ga.org. Parents and Children Cycling: Five - mile ride from Black Point Marina to Old Cutler Road and back on bike path. Helmets are mandatory.9 to 10:30 a.m. Sunday; Black Point Marina, 24775 SW 87th Ave., Cutler Ridge; free, reservation required. 305 -283 -3413. Pilates Exercise: South Miami Hospi- tal's Behavioral and Collaborative Medicine Program offers classes for all fitness levels. Participants will learn exercise to strengthen core muscles in abdomen and back to improve posture and tone all muscle groups; 5 to 6 p.m. Monday and Wednesday; Victor E. Clarke Center at South Miami Hospital, 6200 SW 73rd St., South Miami; $10 per class. 786- 662 -8106. Pilates Exercise Class. For beginner and intermediate level students; 6 p.m. Monday and Thursday; St. John's on the Lake United Methodist Church 4760 Pinetree Dr., Miami Beach, $5.786- 371 -1588. Power Abs and Gluteus: Classes are for all levels; 5:30 to 6:30 p.m. Tues- day, Shakra Relaxation Oasis, 271 Alhambra Cir., Coral Gables; $15 per class, $138 for ten classes, $259 for twenty classes. 305- 774 -1355 or www.shakramiami.com. Pre-Natal Yoga: Experienced pre- natal yoga teacher Rossella Rossi helps to increase overall strength, flexibility and well -being during pregnancy with yoga; 12:15 to 1:30 p.m. Thursday; Miami Life Center, 736 Sixth SL, South Beach; $18 drop -in class. 305 -534 -8988 or miami lifecenter.com. Restorative Yoga: Beginners, yoga students and teachers seeking addi- tional training can learn gentle thera- peutic yoga that is based on Allaine Strickler's 33 years of experience teaching yoga, traveling worldwide and study of self healing techniques. Includes an open discussion and demonstration forum; 12:15 to 1:30 p.m. Wednesday; Miami Life Center, 736 Sixth St., South Beach; $55. 305-534 -8988 or miamififecen- ter.com/. Shakra Relaxation Oasis: 271 Alham- bra Cir., Coral Gables. 305- 774 -1355 or shakramiami.com: • Basic Hatha Classes: Classes are for all levels. Features a combination of breathing and stretching exer- cises, asanas and meditation; 6:15 to 7:30 p.m. Monday, 10 to 11:30 a.m. Saturday. $15 per class, $138 for ten classes, $259 for twenty classes. • Basic Vinyasa: Classes are for beginners. Learn synchronizing breath with movement, with empha- sis on alignment and flow; 6:30 to 7:45 p.m. Tuesday. $15 per class, $138 for ten classes, $259 for twenty classes. Basic Yoga Classes: For begin - ners. 6:15 to 7:30 p.m. Wednesday. $15 per class, $138 for ten classes, $259 for twenty classes. • Belly Dancing Classes: For inter- mediate -level students; 7:30 to 6:30 p.m. Monday and Wednesday. $15 per class, $138 torten classes, $259 for twenty classes. • Body Sculpting: Class is for all lev- eis.lncludes intense workout designed to tone and sculpt the entire body; 5:15 to 6:15 p.m. Monday and Thursday. $15 per class, $138 for ten classes, $259 for twenty classes. 305 -774 -1355 or shakramiami.com. Slim'N Trim Club: dub meets on each Thursday; 10 a.m., Bird Bowl, 9275 Bird Rd., Westchester; $5 membership, $1 per week thereafter. 305- 226 -8073. Stretch and Meditation Program: Gentle stretching, breathing and meditation exercises to help foster mental and physical relaxation. Vic- tor E. Clarke Education Center also conducts a half -hour stretch and meditation session every Wednes- day from 12:30 to 1 p.m., 6 to 7 p.m. Wednesday; Victor E. Clarke Center at South Miami Hospital, 6200 SW 73rd St.. South Miami; $10 per ses- sion,786 -662 -8106. Hi -Tech Air Service FPL PARTICIPATING INDEPENDENT CONTRACTOR"' FPL Rebates up to $1,285�SNAMFq�9y •7 mc'ly: W2 Win er4N EXCt'y E e€ Financing Available IfIiHmd76S0pA7ho e_7 FORTHE BEST SERVICE AND INSTALLATIONS i IN DADE COUNTY 1 ASK FOR NANCYTINO OR JOHN CAC049302 13339 SW 88 Ave. Miami F 305- 969 -2600 Miami L 33176 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, December 2, 2008 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following Items: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO PURCHASE A STREET SWEEPER, ONE FORD F -250, ONE SIDE LOADER, ONE DUMP TRUCK AND FOUR (4) CROWN VICroms FOR A TOTAL AMOUNT OF $541,911.00 AND ACCEPTING THE INTEREST RATE OF 4.25% FOR A FIVE YEAR FINANCING TERM THROUGH FIRST NATIONAL BANK OF SOUTH MIAMI WITH FIVE ANNUAL PAYMENTS IN THE AMOUNTS OF $ 120,000.00 AND CHARGING TO PUBLIC WORKS ACCOUNT NUMBERS 001 -1720 -534 -4455, 001 -1730- 541 -4455, STORM WATER DRAIN TRUST FUND ACCOUNT NUMBER 111- 1730- 541 -4455 AND POLICE DEPARTMENT ACCOUNT NUMBER 001 - 1910- 521 -4450 VEHICLE - TRUCK LEASE PURCHASE ACCOUNT NAMES. AN ORDINANCE RELATING TO THE PERMIT FEE(FEE SCHEDULE; AMENDING ORDINANCE 44 -08 -1979 TO ADD NEW Fff5 TO THE SCHEDULE AN ORDINANCE RELATING TOA REGUESTTO AMEND THE LAND DEVELOPMENT CODE BY INSERTING NEW SECTION 20- 3.1(E) TO BE ENTITLED "BUSINESS OUTSIDE A BUILDING', IN ORDER TO REQUIRE THAT ALL COMMERCIAL ACTIVITIES WITHOUT A PERMIT ALLOWING FOR OUTDOOR USE MUST BE CONDUCTED WITHIN A BUILDING. AN ORDINANCE RELATING TO CHARTER AMENDMENTS; PROPOSING AMENDMENT To ARTICLE V, ELECTIONS, PARAGRAPH 2.A., TO CHANGE THE MONTH IN WHICH GENERAL EJECTIONS ARE HELD FROM FEBRUARY TO NOVEMBER OF EACH EVEN - NUMBERED YEAR, SUBMrMNG THE BALLOT QUESTION TO THE ELECTORATE OF THE CITY AT THE SPECIAL ELECTION SCHEDULED FOR JANUARY 13, 2009. If you have any inquiries on the above items please contact the City Clerk's office at: 305- 663 -6340 ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Ronda Statutes 286.0105, the City hereby advises the public that B a person decides to appeal my decision made by this Board. Agency or Commission with respect to airy matter considered at its meeting or hearing, he a me w it need a record of the proceedings, and that for such purpom, agecded person may need to ensure that a verbatim record of the proceedings Is made which record indudes the testimony end evidence upon which the appeal is to be based.