12-04-07 Item 13South Miami
AD- America City
,N p CITY OF SOUTH MIAMI 1111.
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Directo
Date: December 4, 2007 ITEM No. 13
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI DIRECTING THE CITY MANAGER TO
AMEND THE CURRENT APPLICATION FOR OUTDOOR SEATING/
DINING PERMIT IN ORDER TO CLARIFY THAT FAILURE TO
ADHERE TO STANDARDS SET FORTH IN THE LAND DEVELOPMENT
CODE AND OTHER APPLICABLE STATE AND FEDERAL
REGULATIONS MAY RESULT IN A SUSPENSION OF THE OUTDOOR
DINING PERMIT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
Currently there are more than 25 restaurants holding outdoor seating/dining permits issued by the
City of South Miami (see attachment). Each permit holder must adhere to and enforce standards
set forth for restaurant outdoor seating /dining in Land Development Code Sections 20- 3.3(E) and
20 -7.29. The enforcement of these regulations is often difficult due to the hours of operation and
a lack of understanding of the specific standards. There have been a number of recent complaints
to the City regarding the operation of many of these restaurants holding the outdoor
seating/dining permit.
It is important that restaurants applying for outdoor seating/dining permits and those restaurants
holding outdoor seating /dining permits clearly understand and adhere to the standards in the Land
Development Code. For this reason, the attached resolution is being proposed so that the
Administration will take special steps to clarify the regulations for new applicants and to advise
current permit holders that non - compliance with the standards could result in enforcement
activities and possible suspension of the permit.
RECOMMENDATION
It is recommended that the attached resolution be approved.
Backup Documentation:
Draft Resolution
Permit Application
LDC Section 20- 3.3(E)
List of Permit Holders
JP /SAY
X: \Comm Items \2007 \12 -4 -07 \Outdoor Seating Application CM Report.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI DIRECTING THE CITY MANAGER TO AMEND THE CURRENT
APPLICATION FOR OUTDOOR SEATING/ DINING PERMIT IN ORDER TO
CLARIFY THAT FAILURE TO ADHERE TO STANDARDS SET FORTH IN THE
LAND DEVELOPMENT CODE AND OTHER APPLICABLE STATE AND FEDERAL
REGULATIONS MAY RESULT IN A SUSPENSION OF THE OUTDOOR DINING
PERMIT; PROVIDING AN EFFECTIVE DATE
WHEREAS, currently there are 25 restaurants holding outdoor seating/dining permits;
and
WHEREAS, restaurants must adhere to and enforce standards set forth for restaurant
outdoor seating /dining in Land Development Code Sections 20- 3.3(E) and 20 -7.29; and
WHEREAS, there have been recent complaints to the City regarding the operation of many
of these restaurants; and
WHEREAS, it is important that restaurants applying for outdoor seating /dining
permits and those restaurants holding outdoor seating /dining permits clearly understand and
adhere to the standards in the Land Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
SOUTH MIAMI THAT:
SECTION 1. The City Manager is hereby directed to work with the Planning
Department to amend the current application for outdoor seating /dining permits in order to
clarify that failure to adhere to standards set forth in the Land Development Code and other
applicable State and Federal regulations may result in a suspension of the outdoor dining permit.
SECTION 2 That the City Manager's office and the Planning Department conduct
a meeting of representatives of all restaurants holding the outdoor seating/dining permit in order
to review the current standards and to advise that non - compliance with the standards could result
in enforcement activities and possible suspension of the permit.
herein.
SECTION 3. This Resolution shall become effective upon the date of its adoption
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(2)
PASSED AND ADOPTED this day of 2007.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM: Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
CITY ATTORNEY Commissioner Birts:
Commissioner Beckman:
X: \Comm Items\2007 \124-07 \Outdoor Seating Application Amend Resolution.doc
CITY OF SOUTH MIAMI
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Phone: 305.663.6326 or 6347; Fax: 305.666.4591
APPLICATION FOR OUTDOOR SEATING / DINING
Restaurant Name:
Address:
Applicant:
Address:
Applicant's signature
Property Owner's signature
Phone:
Date
Date
Phone:
South Miami, Florida
NOTICE
This permit is not transferable in any manner, and is strictly a conditional use permit issued for a period of one year,
renewable annually at time of occupational license renewal.
Fee: $250 annual fee for seating on public sidewalks ; fee waived for first year of operation. ( Ord. 21 -03 -1805)
If application is not a renewal, outdoor seating/dining area and use for the above restaurant must be approved by the City
Manager, as shown by signature on p.2, of this application.
All of the standards and regulations set forth in the Land Development Code Section 20- 3.3(E) or Section 20 -7.29 (if
located in the Hometown Zoning District), shall be applicable to an outdoor seating/dining area.
Check if application is a renewal:
Materials to be submitted and attached hereto:
• outdoor seating/dining area plan Outdoor seating/dining area (in square feet):
• indemnity agreement Number of indoor seats :
• proof of insurance Number of outdoor seats proposed:
• adjacent property used for seating /dining area Address
('submit consent form)
APPROVED
City Manager's signature
Attachments:
Indemnity Agreement
Ord. 16-01-1747
C: Building Department; Finance Department
Date
D:\Forrns \Outdoor seating & dining appl.doc Rev. 3 -12 -04
PLANNING DEPARTMENT souTy
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA 33143 F
305 / 663 -6326
FAX 666 -4591
INCORPORATED
f 927
C o ago
p
Nov. 20, 2007
Outdoor Seating Locations in South Miami
1. Morning Call Bakery 5868 SW 72 Street
2. Sega Game works 5701 SW 72 Street
3. Wrapido Sushi Maki 5812 SW 72 Street
4. Cafe Pastis
7310 SW 57 Avenue
5. Blu Pizzeria
7201 SW 59 Avenue
6. Deli Lane
7230 SW 59 Avenue
7. Macabi Cigars
5861 SW 72 Street
8. Sunset Larios LLC
5859 SW 73 Street
9. Trattoria Sole
5894 SW 72 Street
10. San Gelato Cafe
5701 SW 72 Street
11. Starbucks Coffee
5796 SW 72 Street
12. Johnny Rockets
5701 SW 72 Street
13. Einstein Bagels
5948 SO Dixie Hwy
14. Dan Marino's
5701 SW 72 Street
15. Marhaba Restaurant
5701 SW 72 Street
16. Town and Kitchen
7301 SW 57 Court
17. Mojito Grill
7318 SW 57 Avenue
18. Cheeseburger in Paradise
5701 SW 72 Street
19. Martini Bar
5701 SW 72 Street
20. Panera Bread
5701 SW 72 Street
21. Chipotle Mexican Grill
6290 So Dixie Hwy
22. Qdoba Mexican Grill
5748 SW 72 Street
23. 1909 CAFE
5710 SW 40 Street
24. Nora's Natural Juice Bar 5750 SW 40 Street
25, Fox's Sherron INN Corp.
6030 SO DIXIE Hwy
Hector Rabi
Occupational License Compliance Officer
X: \Outdoor Seating & Dining \List of Permits 11- 20- 07.doc
(E) Outdoor Seating /Dining for All Commercial Properties, except for Properties in the RO
Residential Office Zoning District.
(1) An application must be filed, which shall include layout of all tables, chairs, benches,
and other furniture; pedestrian ingress and egress; location of refuse containers; and
other elements necessary to illustrate the proposed outdoor seating /dining use and
area (all drawings must be titled, indicate orientation, and be at an acceptable scale).
(2) Outdoor seating /dining areas and uses of the public right- of-way and/or any private
property may be approved, denied, or approved with conditions, modifications,
safeguards, or stipulations appropriately and reasonably related to the intent, pur-
poses, standards, and requirements of the related regulations by the City Manager.
Such permit shall not be transferable in any manner and is strictly a conditional use
permit, issued for a period of one year, renewable annually via payment of the annual
occupational license fee for such outdoor seating /dining uses.
(3) The fee for outdoor dining/seating use and area will be waived for the first year of
operation, and shall be charged annually in the amount of two hundred fifty dollars
($250.00); the permit fee shall be added to the occupational license fee for the main
business.
(4) The applicant shall provide an indemnity agreement that is acceptable to the city
manager. This agreement will include specification of liability insurance provided.
(5) The conditional use permitting of outdoor seating /dining use and area maybe revoked
by the city manager upon fording that one or more conditions of these regulations have
been violated, or that the outdoor seating/dining area and use are being operated in a
manner that constitutes a public nuisance, or in any way that constitutes a reasonable
risk of potential liability to the city.
(6) Outdoor seating/dining use and area may be temporarily suspended by the city
manager for public use/purpose, utility, sidewalk or road repairs, emergency situa-
tions, or violations of provisions contained herein. The length of suspension shall be
Supp. No. 7 37
20 -3.3 SOUTH MIAMI LAND DEVELOPMENT CODE
determined by the city manager as necessary. Removal of all street furniture and
related obstructions shall be the responsibility of the owner /operator of the outdoor
seating/dining.
(7) Outdoor seating/dining area shall be kept in a neat and orderly appearance and shall
be kept free from refuse and debris. The applicant shall be responsible for daily
cleaning and sweeping of the outdoor seating /dining area and for the cleanliness and
maintenance of any outdoor planters immediately adjacent to the outdoor seatingf
dining area. Cleaning shall include twice - monthly pressure cleaning or other appro-
priate cleaning methods, as determined by the city. Use of city sidewalks for trash and
garbage removal shall be prohibited.
(8) Outdoor seating/dining use and area shall not interfere with the free and unobstructed
pedestrian or vehicular circulation of traffic, public access to any street intersections,
crosswalks, public seating areas and conveniences, bus stops, alleys, service ease-
ments, handicap facilities, or access to any other commercial establishments. The
width and location of the sidewalk pedestrian passage shall be as follows:
(a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of
sidewalk must remain clear and unobstructed for pedestrian passage;
(b) If there is seating on two sides of the sidewalk, a minimum of six (6) feet of
sidewalk between the two seating areas must remain clear and unobstructed for
pedestrian passage.
(c) All tables, chairs and umbrellas shall be located a minimum of 18 inches from the
curb.
(9) Outdoor seating /dining area on the public rights -of -way shall be open and unenclosed.
No building structures of any kind shall be allowed in and over any portion of the
outdoor seating /dining area located on public property.
(10) Tables, chairs and all other furniture used in the operation of an outdoor seating/
dining area on the public rights -of -way shall not be anchored or restrained in any
manner. Individual table umbrellas, planters, or other such non - stationary elements
may be permitted within the outdoor seating /dining area and where applicable, shall
have a minimum clearance height of seven (7) feet above the sidewalk.
(11) Outdoor seating /dining use and area on public rights -of -way shall be restricted to the
length of the sidewalk or public right-of-way immediately fronting the cafe or other
establishment. The utilization of space extending on one adjacent side beyond the
subject property frontage may be authorized subject to annual written consent
provided by the property owners in front of whose properties the outdoor seating(
dining service would occur. The annual written consent form shall be provided to the
city and shall include an insurance policy naming the city as co- insured and a hold
harmless clause in favor of the city.
(12) Outdoor seating/dining area shall be at the same elevation as the adjoining sidewalk
or public right -of -way.
r
Supp. No. 7 38
ZONING REGULATIONS 20 -3.4
(13) Carts and trays for serving food are permitted in the outdoor seating(dining area.
(14) Outdoor seating/dining use and area shall not be provided with amplified sound of any
ldnd.
(15) The maximum number of outdoor seats shall not exceed eighty (80) percent of the
number of indoor seating, except for restaurants with indoor seating of twenty -five (25)
seats or less, which may have outdoor seats not to exceed one hundred (100) percent of
the number of indoor seats.