12-16-08 Item 19l9
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA ESTABLISHING REVISED FEES
5 FOR PERMITS ALLOWING OUTDOOR RESTAURANT
6 SEATING/DINING PURSUANT TO SECTION 20- 3.3(E) OF THE LAND
7 DEVELOPMENT CODE; AND REPEALING RESOLUTION NO. 134 -08-
8 12731; PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS; Land Development Code Sections 20- 3.3(E) and 20 -7.29 provides regulations
11 governing outdoor seating /dining permits; and
12
13 WHEREAS, and the Planning Board, the City Commission and City Administration have
14 responded to concerns related to conditions existing in current outdoor seating/dining areas by producing
15 an ordinance which amends certain provisions contained in the Land Development Code; and
16
17 WHEREAS, the Mayor and City Commission are in the process of adopting an ordinance which
18 will amend Land Development Code (LDC) Section 20- 3.3(E) in order to establish new and updated
19 regulations for permitting outdoor restaurant and seating / dining; and
20
21 WHEREAS, revised LDC Section 20 -3.3 (E) contains a provision which states that fees to be
22 charged for outdoor seating shall be set forth in a resolution or ordinance to be adopted by the City
23 Commission.
24 WHEREAS, the City Commission at its August 5, 2008 meeting adopted Resolution No. 134-
25 08- 1-2731- establishing specific fees for permits allowing outdoor seating/dining ,and:
26 WHEREAS, the City Commission at its August 27, 2008 meeting determined that the fees for
27 permits allowing outdoor seating/dining should be adjusted and directed that a revised resolution be
28 placed on the next agenda.
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
32
33 Section 1. The fee for outdoor dining /seating use and area will be --•-Q=-•0a iv of the f--st -V.,.. -ths
34 of be charged annually in the amount of $25 for each
35 outdoor seat located on public rights -of -way and $520 for any stand alone table top with no
36 seating which is used for consumption of beverages or food which is located on public rights -of-
37 way. The annual fee for each outdoor seat shall be automatically increased by $10 each year until
38— the fee for each outdoor seat is $65. An annual fee of $250 shall be charged for all outdoor
39 dining /seating use permits using private property.
40
41
42 Section 2. City Commission Resolution No. 134 -08 -12731 adopted by the Commission on August 5,
43 2008 is hereby repealed.
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Section 3. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
XAComm Items\2008 \9 -2 -08 \Outdoor seating Fee Revised 2 Resol.doc
2
day of , 2008
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner. Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
RESOLUTION NO. 134 -08 -12731
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA ESTABLISHING FEES FOR PERMITS ALLOWING
OUTDOOR RESTAURANT SEATING/DINING PURSUANT TO SECTION 20- 3.3(E)
OF THE LAND DEVELOPMENT CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS; Land Development Code Sections 20- 3.3(E) and 20 -7.29 provides regulations governing outdoor
seating/dining permits; and
WHEREAS, and the Planning Board, the City Commission and City Administration have responded to concerns
related to conditions existing in current outdoor seating/dining areas by producing an ordinance which amends certain
provisions contained in the Land Development Code; and
WHEREAS, the Mayor and City Commission have adopted an ordinance which will amend Land Development Code
(LDC) Section 20- 3.3(E) in order to establish new and updated regulations for permitting outdoor restaurant and seating /
dining; and
WHEREAS, revised LDC Section 20 -3.3 (E) contains a provision which states that fees to be charged for outdoor
seating shall be set forth in a resolution or ordinance to be adopted by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The fee for outdoor dining/seating use and area will be
charged annually in -the amount of $65 for each outdoor seat located on public rights -of -way and $520 'for any stand
alone table top with no seating which is used for consumption of beverages or food which is located on public rights -of -way.
An annual fee of $250 shall be charted for all outdoor dining/seatina use permits using private property.
Section 2. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 5`h day of August, 2008
ATTEST:
()22,_2 (�) �2
CITY CLERK
READ AND APPROVED AS TO FORM:
SIT Y
APPROVED:
c�
MAYOR
COMMIS ON VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Cormnissioner Beckman:
4 -0
Yea
Yea
absent
Yea
Yea