03-02-04 Item 15To: Honorable Mayor, Vice Mayor & Date: March 2, 2004
Commission Members "?
ITEM NO.
From: Maria Davis RE: LDC Amendment utdoor
City Manager) Seating Regulations
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A TECHNICAL AMENDMENT TO THE
LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR
SEATING/DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR
PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT " AND
SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING/DINING USES AND AREAS" IN
ORDER TO REMOVE ANY REFERENCE TO A SPECIFIC ANNUAL FEE TO BE
CHARGED FOR OUTDOOR RESTAURANT SEATING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
BACKGROUND
The City Commission at its November 4, 2003 meeting, determined that the City's Permit Fee
Schedule should be corrected, and adopted Ordinance No. 21 -03 -1805 which adjusts the
restaurant outdoor seating fee to reflect what was approved in 2001. In addition, the Commission
limited the fee to be charged only to restaurants having outdoor seating on public sidewalks. This
action resulted in the City's Permit Fee Schedule and the Land Development Code to be in
conflict, thereby requiring the subject technical amendment.
PROPOSED LDC AMENDMENT
The regulations governing outdoor seating /dining are contained in Section 20- 3.3(E) entitled
"Outdoor Seating /Dining for All Commercial Properties except for Properties in the RO
Residential Office Zoning District' (Attachment) This exact section is also included, with an
additional sentence," in the Hometown Zoning Overlay District chapter, Section 20 -7.29. The
regulations in both sections contain a reference to a specific fee to be charged for all public and
private outdoor seating which now is in conflict with the recent actions of the City Commission.
It is not appropriate for a Land Development Code to include fees to be charged. User fees
are an administrative - budgetary decision matter. Therefore, staff is recommending the
following:
LDC Amendment
Outdoor seating
Page 2
(1) Any reference to a specific fee for outdoor seating should be removed from
the LDC;
(2) The draft ordinance is essentially a technical amendment and should reflect
exactly the policy on fees charged as adopted by the City Commission on
November 4, 2003 when it changed the permit fee schedule for this item;
(3) The placement of the same outdoor seating regulations in two different
sections of the Code is repetitive and serves no purpose; the outdoor seating
regulations in the Hometown section should be removed, with the exception
of a reference and the one added sentence.
The above amendments would not remove any of the other quality standards, which will continue
to be applicable to all public and private outdoor restaurant seating areas.
PLANNING DEPARTMENT RECOMMENDATION
The Planning Department recommended adoption of the attached ordinance, which removes the
fee charged from the Land Development Code and also reflected the exact policy of the City
Commission when it changed the permit fee schedule for this item on November 4, 2003.
PLANNING BOARD ACTION
The Planning Board at its December 9, 2003 meeting adopted a motion by a vote of 6 ayes 0 nays,
that the draft ordinance modifying the LDC sections on outdoor restaurant seating be approved
with the following modifications:
(1) The annual permit fee should be $250 for the first 10 seats and $25 a year for each
additional seat after the tenth seat;
(2) The fee should be applicable to both public and private outdoor seating.
RECOMMENDATION
It is recommended that the Planning Board's proposed modifications not be adopted. The City
Commission has clearly established its policy on November 4, 2003 when it adopted Ordinance.
No. 21 -03 -1805.
It is recommended that the attached draft ordinance amending the LDC pertaining to outdoor
restaurant seating, which does not contain the Planning Board's suggestions, be approved on first
reading.
Attachments:
Proposed Ordinance
Ord. No. 21 -03 -1805
Planning Board Minutes Dec. 9, 2003
Public Notice
D'
E: \Comm Items\2004 \3- 2- 04\LDC Amend- Outdoor seating CM Report.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, RELATING TO A TECHNICAL AMENDMENT
5 TO THE LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED
6 "OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES,
7 EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING
8 DISTRICT AND SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING/DINING
9 USES AND AREAS" IN ORDER TO REMOVE ANY REFERENCE TO A
10 SPECIFIC ANNUAL FEE TO BE CHARGED FOR OUTDOOR RESTAURANT
11 SEATING; PROVIDING FOR SEVERABILITY; PROVIDING FOR
12 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, The City Commission on November 6, 2001 adopted Ordinance No. 32-01 -
16 1763, containing an overall updating of the City's Permit Fee Schedule. A part of that fee
17 schedule, "(H) Land Use Application Fees," sets forth a fee to be charged for outdoor restaurant
18 seating; and
19
20 WHEREAS, The City Commission at its November 4, 2003 meeting determined that the
21 City's Permit Fee Schedule adopted on November 6, 2001 did not reflect the correct fee for
22 outdoor restaurant seating and thereby adopted Ord. No. 21 -03 -1805, adjusting the restaurant
23 outdoor seating fee in the City's Permit Fee Schedule to reflect what was approved in 2001and to
24 clearly indicate that the subject would only be applicable to seating located on public sidewalks;
25 and
26
27 WHEREAS, the regulations governing outdoor seating/dining are contained in Section
28 20- 3.3(E) and Section 20 -7.29 of the Land Development Code and both sections contain
29 reference to a specific fee to be charged for all public and private outdoor seating which is now
30 in conflict with recent legislative actions of the City Commission; and
31
32 WHEREAS, permit and user fees are an administrative - budgetary decision matter and
33 should not be listed in the Land Development Code and, in any event, the fees listed should not
34 be in conflict with the City's Permit Fee Schedule; and
35
36 WHEREAS, the Land Development Code should be amended to remove references to a
37 specific fee for outdoor restaurant seating and the Code should be updated to eliminate
38 duplicative outdoor seating regulations in two different sections of the Code which is repetitive
39 and serves no purpose; and
40
41 WHEREAS, at its December 9, 2003 meeting, after public hearing regarding the
42 proposed amendments to Sections 20- 3.3(E) and 20 -7.29 of the Land Development Code, the
43 Planning Board voted 6 ayes and 0 nays to recommend that the City Commission adopt the
44 proposed LDC amendment ordinance, as prepared by the Planning Department, with certain
45 modifications; and
46
47 WHEREAS, the City Commission rejects the modifications proposed by the Planning
48 Board and chooses to enact the aforesaid amendment as prepared and submitted by the Planning
49 Department.
50
51 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
52 OF THE CITY OF SOUTH MIAMI, FLORIDA:
53
1 (2)
2
3
4 Section 1. That Section 20- 3.3(E) of the South Miami Land Development Code is hereby
5 amended to read as follows:
7
8
9
10
11
12
Section 20 -3.3 Permitted Use Schedule
(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, purposes, 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 on public sidewalks shall be set forth in the
City's Permit Fee Schedule yeaf of a W shall be ehffge-d
. This 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 may be revoked by the city
manager upon finding 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 situations, or violations of provisions
contained herein. The length of suspension shall be 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 seating /dining area. Cleaning shall include twice - monthly
pressure cleaning or other appropriate 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 easements, handicap facilities, or access to any
other commercial establishments. The width and location of the-sidewalk pedestrian passage shall
be as follows:
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
(3)
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 un- enclosed. 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.
(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 kind.
15 The maximum number of outdoor seats shall not exceed 80% of the number of indoor seating,
except for restaurants with indoor seating of 25 seats or less, which may have outdoor seats not to
exceed 100% of the number of indoor seats.
Section 2 That Section 20 -7.29 of the South Miami Land Development Code is hereby
amended to read as follows:
Hometown District Overlay Zone
Section 20 -7.29 Outdoor seating /dining uses and areas.
(fir) An application may be accepted for any proposed siting of outdoor seating/dining uses and areas for any
property within the Hometown District, including, but not limited to, those areas which are designated as
pre- approved on the Regulating Plan. The regulations governing outdoor seating /dining uses are set
forth in Section 20 -3.3 (E) of this Code. An application must be filed, which shall inelua° the layot t of all
tables, ohair-s, benehes and otheF f&nitufe; pedestfian ingress and egress; loeation of refuse eontain@r-sl; and-
other- elements neeessafy to illustfate the proposed outdoer seating1dining use and area (all drawings'amst
be titled, orientation, entatio e A„a beat A„ a eptable scale).
1
(4)
2
intent,
of the related
fogulations,
by the City
3
(G) reasonably related
to the
purposes, standafds and
requiremefAs
4
,
the anatial occupational
lieense
fee fe
5
issued for a period
of one yeaf,
r-enewable annually
via payment of
6
the t, oor- se
t;,,, ,,; iing „so•
7
dining�seating
be waived for the mgfst
Of Opffation
of the
8
(D) The fee for-
outdoor
use and area will
year
be
in the amount of
$250.00; the
fee
9
opefation of
the subjeet propefty
and shall charged
annually
pumit
10
shall be added
to the _ - - t'
.,1 1; o fee for the
main business.
11
for-
dining/seating
be waived for- the first
of operalion
of t4o
12
(D) The fee
outdoor
uses and areas
will
year
the
fee shall be added
to
13
> perM4
occupational
15
ladeffmity Agr-eefflent,
is aceeptable to
the City Manager,
This
16
(D) The applicant
shall provide an
whieh
17
agreement will
include c ficat;.
of liability ,
provided.
18
uses and afeas may
be revoked
by the Gity
19
(E) The conditional
use permitting
of outdoor seating/dining
or- 4iat
20
,
being
in manfier which eonstitutes
a
nuisance, or-
21
outdoor seating/dining
area and
use are operated
a
public
22
istitutes ., reasonable
risk of potential liability
to he `;t.,
23
be temporarib,
suspended by the
City Manager
for
24
Outdoor- seating/dining
tises and
afeas may
publie
or- violations
of
contai
25
use/owpose,
utility, sidewalk or
road repai
situations
provisions
be d
- Cit�, Manager- as
necessm:y. Removal
of
26
herein. The jength
of suspension
shall
ie
fiamitufe
of the wA%er4oper-atof
of
the outdoo
27
street
and related obstructions
s'
ponsibility
28seating/dining.
29
be kept in
appeffance and
shall be kept
4ee from
30
(G) Outdoor seating/dining
areas shall
a neat
and order-iy
31
refuse and debris.-The
for-
4 outdoor
immedialeb,
adjace
32
seating/dining
area aad the
eleanliness and maintenance
", planter-s
Cleaning
include twice monthly
cleaning
or o
33
to the outdoor-
seating/dining
afea. shall
pr-essufe
detefmined by the
City. Use Gity sidewalks
for trash
and
34
appropriate
cleaning methods,
as
of
garbage
35
val shall
be prohibited.
36
ifi�er-fore
w4h the ffee and unobstructed
podestri
37
(14) Outdoor seating/dining
uses and
areas shall not
38
bus
handioap facilities
or access to
commerei
39
—an-d- convenienoes,
stops,
alleys, service easements,
40
-
41
is
the
five (5) feet
4 sidewalk
must remain
42
(a) if there
seating on one
side of sidewalk,
a minimum of
43
clear
and unobstructed
F pedestrian passage-,
44
of six (6) feet
of sidewalk
betwe@a the-
45
, a minimum
t
,.lo ,
f oa *f'
„
46
seating
areas ffmst remain
and ob
st.-,,,.to,,
47
48
•
49
50
Outdoor-
be
No building stpaetur-es
4 any kind
shall
(1) seating/dining
areas shall
opeff and tinenelosed.
51
,
52
allowed by co,.tions
20 7.7 through
20 7.1 1
53
54
funiture
in the
outdoor seating/dining
area shall
not be
, chairs
and all other
used operation
of an
55
,
56
be
the
ar-ea.-and whefe
applieable,
shall have
elements may
pefmitted within
outdoor- seating4ning
57
lv.,,.ance
rmxm�ni'rcicurcaxc..-
height of seven
.b..,..,� .,.......
�, � feet .... ........
(7) Foot above the
....., ..�.
sidewalk.
58
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
(5)
(L) Outdoor seating/dining areas shall be at the same elevation as the adjoining sidewalk or- publie r4gl# of
C Gafts and > serving permitted
•
�u
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 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 5 This ordinance shall take effect immediately after adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of , 2004
READ AND APPROVED AS TO FORM
CITY ATTORNEY
6iy"I
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
NOTE: New wording underlined; wording to be removed indicated by strike - through.
53
54 E: \Comm Items\2004 \3- 2- 04\LDC Amend. Outdoor seating Ord.doc
F SATURDAY, FEBRUARY 21,;2004 1 513
CITY OF SOUTH MIAMI
NOTICE LI
.NOTICE IS HEREBY given that the City Commission
of the City of South Miami, Florida will conduct Public
Hearings during its regular City Commission meeting
Tuesday, March 2, 2004 beginning at 7:30 p.m., in the
City Commission Chambers,. 6130 Sunset ®rive; t'
consider 1st R'eading,, of the following described
ordinance(s):
AN ORDINANCE OF THE MAYOR, AND CI
CC ISSP OF THE CITY OF SOUTH;
MIAMI, FLORIDA RELATING TO A
REQUEST TO AMEND THE CITY OF SOUTH
-MIAMI LAND DEVELOPMENT CODE BY
REVISING ; SECTION 20- 3AD). ENTITLED
"PERMITTED USE SCHEDULE" IN ORDER ;
TO ALLOW BUSINESS OR PROFESSIONAL
OFFICES AS A PERMITTED USE IN THE " -
"GR88 GENERAL RETAIL; DISTRICTS.. 1
PROVIDING FOR SEVE ABILI
PROVIDING FOR I ACES IN
CONFLICT,, AND PROVIDING AN '
EFFECTIVE DATE.
N ORDINANCE OFT E MAYOR AND'rLCITY
COMMISSION F THE CITY OF -SOUTH>
MIAMI,, FLORIDA, RELATING, TO A
TECHNICAL AMENDMENT T THE LAND 131
DEVELOPMENT CODE - SECTION 20 -&3(E) I
ENTITLED "OUTDOOR SEATING/DINING �
FOR ALL COMMERCIAL PROPERTIES
EXCEPT FOR PROPERTIES IN THE RO
RESIDENTIAL OFFICE ZONING DISTRICT. 78''
AND SECTION 20 -7.29 ENTITLED
"OUTDOOR SEATING/DINING USES AND
AREAS" IN ORDER TO REMOVE ANY
y- EF RE C . TO A SPECIFIC AN UAL FEE
TO BE CHARGED FOR OUTDOOR
RESTAURANT SEATING;, PROVIDING FOR
SEVE A ILITY, PROVIDING FOR
ORDINANCES IN CONFLICT, AN
PROVIDING AN EFFECTIVE DATE. {
a
Said ordinance can be inspected. in the City Clerk's
Office, Monday- Friday during regular office hours.'
Inquiries concerning this item should be directed to
the Planning Department at: 663 -6326.
ALL interested parties are invited to attend and will
be he sad.
Maria M. Menende2f l
City Clerk
City of South Miami
>r
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a
person decides to appeal any decision made by this Board, Agency or 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 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.
i`
ORDINANCE NO
21-03-1805
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE
PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS
AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583,
18 -99 -1692, 28 -00 -1730, 32 -01 -1763, AND 14 -02 -1782 IN ORDER TO
ADJUST THE FEE FOR RESTAURANT OUTDOOR SEATING,
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.
WHEREAS, it is the policy of the Mayor and City Commission to adjust the
City's Permit Fee Schedule to assure that fees charged are appropriate and comparable to
fees charged in other municipalities; and
WHEREAS, the City Commission on November 6, 2001 adopted Ordinance No.
32 -01 -1763, which adjusted the City's Permit Fee Schedule; and
WHEREAS, the City's Permit Fee Schedule currently contains a Schedule H
which includes an annual fee for restaurant outdoor seating, which is to be added to the
annual occupational license fee; and
WHEREAS, the City Commission on November 6, 2001 specifically adopted a
motion that the outdoor restaurant seating annual fee was to remain at $250 ( waived for
first year of operation); and
WHEREAS, Ordinance No. 32 -01 -1763 was memorialized with the
Administration's recommendation of amending the annual fee for restaurant outdoor
seating to $25 per seat / per year; and
WHEREAS, the City Commission at its October 7, 2003 meeting determined that
the City's Permit Fee Schedule should be corrected and directed that the City
Administration adjust the restaurant outdoor seating fee to reflect what was approved in
2001 and to limit the fee charged to restaurants having outdoor seating on public
sidewalks.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Pg. 2 of Ord.. No. 21 -03 -1805
Section 1. That Fee Schedule (H) entitled "Land Use Application Fees" of
Ordinance 14 -90 -1454, as amended by Ordinances 6 -92 -1501, 17- 92- 1512A, 10 -95 -158,
18 -99 -1692, 28 -00 -1730, 32- 01- 1763, and 14 -02 -1782 is amended by adjusting the fee
charged for restaurant outdoor seating, as shown on Permit Fee Schedule (H) attached to
this Ordinance.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions.
of this ordinance are repealed.
Section 4. This ordinance shall take effect immediately upon approval.
PASSED AND ADOPTED this4th day of November , 2003
ATTES T:
f
ITY CLER K
1St Reading — 10/21/03
2nd Reading-11/4/03
READ AND APPROVED AS TO FORM;
CITY ATTORNEY
Attached: Permit Fee Schedule (H)
EAComm Items\ 2003 \10- 21- 03\Fee Ordinance Amend- 10- 21- 03.doc
Klyff 3-7071-5-01
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russel:
Commissioner Bethel:
Commissioner McCrea:
Commissioner Wiscomb:
3 -2
Yea
Yea
Nay
Yea
Nay
(H) LAND USE APPLICATION FEES
1. TEXT AMENDMENT TO LAND DEVELOPMENT CODE
$1,750
2. REZONING
Ten acres or less
$1,750
Over ten acres
$13,500
3. SPECIAL USE PERMIT
$1,750
4. APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD
Applications for new construction in the RS and RT zoning districts
Single unit
$350
All other applications for:
New construction
$450
Renovation
$150
Signs, fences, walls, etc.
$50
For each additional appearance before the Board
$50
5. VARIANCES
First variance request
$1,500
Each additional variance request
$500
6. PLANNED UNIT DEVELOPMENT
$3,000
7. CHANGES TO A PLANNED UNIT•DEVELOPMENT
$1,000
8. CLOSING OF ANY PUBLIC RIGHT -OF -WAY
$1,500
9. WAIVER OF REQUIRED RIGHT -OF -WAY IMPROVEMENTS
$1,500
10. WAIVER OF PLAT APPLICATION
$3000
11. COMPREHENSIVE PLAN AMENDMENTS
$20,000
12. SPECIAL EXCEPTION
$1,750
13. ADMINISTRATIVE WAIVER
mcnn
.DJVV
14. TEMPORARY SIGNAGE
$35
15. SIDEWALK SALES
$35
16. DUMPSTER AGREEMENT, CONSTRUCTION TRAILER AGREEMENT
$25
17. OUTDOOR SEATING, pew
Annual fee for seating on public sidewalks (Waived for first year of operation)
$250
18. TREE REMOVAL PERMIT
$40
(New wording underlined: words being removed indicated by
0
u
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, December 9, 2003
City Commission Chambers
7:30 P.M.
I Call to Order and the Pledge of Allegiance to the Flab
Action: The meeting was called to order at 7:30 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Liddy, Mr. Comendeiro,
Ms. Yates, Ms. Gibson, and Mr. Mann.
Board members absent: Mr. Illas.
City staff present: Michael A. Sprovero, CBO (Executive Director of Community
Development), Sanford A. Youkilis (Acting Planning Director), Luis Figueredo, (City
Attorney), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board
Secretary).
III. Administrative Matters
Mr. Youkilis advised that the starting time of 7:30 PM was set forth in the Land
Development Code. Any change to that time would require a text amendment to the LDC.
Board members discussed the last Planning Board meeting held on November 25, 2003
and the adverse reaction towards the Board members by some citizens in regards to the
starting time of the meeting. The members then decided it would be beneficial to agree on
a certain amount of time for waiting until the Planning Board members can declare a
cancelled meeting due to lack of quorum. In addition, the Board members also decided on
limiting the amount of time each speaker talks at the podium.
Motion: Mr. Mann moved for approval of a 30 minute time -frame in order to determine if
a Planning Board meeting should be cancelled due to lack of quorum. Mr. Liddy seconded
the motion.
Vote: Ayes 6 Nays 0
Planning Board Meeting
December 9, 2003
Page 2 of 5
Motion: Mr. Mann moved for approval a five - minute rule for each speaker during the
public hearing section meeting with applicants limited to 15 minutes to speak at the
podium. Mr. Comendeiro seconded the motion.
Vote: Ayes 6 Nays 0
IV. Public Hearings (Mr. Morton swore in speakers)
PB -03 -022
Applicant: City of South Miami
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO A TECHNICAL AMENDMENT TO
THE LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR
SEATING/DINING FOR ALL COMMERICAL PROPERTIES, EXCEPT FOR
PROPERTIES IN THE RO RESIDENTIAL OFFICE WING DISTRICT." AND
SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING/DINING USES AND
AREAS" IN ORDER TO REMOVE ANY REFERENCE TO A SPECIFIC ANNUAL
FEE TO BE CHARGED FOR OUTDOOR RESTAURANT SEATING; PROVIDING
SEVERABIL,ITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the item into record. Mr. Youkilis presented the staff report.
The City's Permit Fee Schedule is adopted by in ordinance form, however, it is not
codified (part of the City Code). It is generally updated every two years. The City
Commission on November 6, 2001 adopted Ordinance No. 32 -01 -1763, containing an
overall updating of the City's Permit Fee Schedule. A part of that schedule, "(H) Land Use
Application Fees ", sets forth a fee to be charged for outdoor restaurant seating.
At that time the Commission specifically adopted a motion that the outdoor restaurant
seating annual fee was to remain at $250 (waived for first year operation). However, the
adopted ordinance did not reflect the Commission's motion and included the
Administration's recommendation of amending the annual fee for restaurant outdoor
seating to $25 per seat / per year.
The City Commission at its November 4, 2003 meeting determined that the City's Permit
fee Schedule should be corrected and adopted Ord. No. 21 -03 -1805 which adjusts the
restaurant outdoor seating fee to reflect what was approved in 2001. In addition the
Commission limited the fee to be charged only to restaurants having outdoor seating on
public sidewalk. The revised fee ($250) is the same fee contained in the outdoor seating
regulations of the Land Development Code, Sec. 20 -3.3 (E) (3) and Sec. 20- 7.29(C).
Mr. Youkilis advised the Board members he was recommending the elimination from the
Land Development Code of any reference to the fee charged.
At this point Mr. Morton opened the public hearing.
Speaker:
Planning Board Meeting
December 9, 2003
Page 3 of S
Cal Rosenbaum 6101 Sunset Drive Opposed the LDC amendment
Motion: Mr.Comendeiro moved to make a recommendation to adopt the draft ordinance
with the amendment that the permit fee be set at the fee of $250.00 as a flat fee for the 1St
ten seats and $25.00 a year for each seat after the tenth and the fee is to charged for both
public and private outdoor seating. Ms. Yates seconded the motion.
Vote: Ayes 6 Nays 0
Motion: Mr. Mann moved that the Planning Department prepare a report on fees charged
in other cities for outdoor seating and to report on how other cities regulate parking
requirements and restroom requirements for outdoor /seating. Mr.Comendeiro seconded
the motion..
Vote: Ayes 6 Nays 0
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