08-06-91OFFICIAL AGENDA
CITY OF SOUTH MIAMI
REGULAR CITY COMMISSION
REGULAR CITY COMMISSION MEE'TI'NG
AUGUST 6TH, 1991
7:30 PM
A. Invocation
v
Next Resolution:
Next Ordinance:
Next Commission Meeting: 8/20/91
B. Pledge of Allegiance to th.e Flag of th,e United States of America
C. Presentations
D. Items for Commission Consideration:
1. Approval of Minutes:
a. meeting of July 23, 199*1
b. meeting of July 30, 19191
2. City Manager`s Report - Report on loan
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING* //
4. Ordinance amending Section 20 -2.3 of the Land Develo ent
Code of the City of South Miami to provide specific
definitions for catering services; restaurant; restaurant,
j accessory; and restaurant, fast food; deleting eating place
�k definition from Section 20 -2.3; deleting eating place from
Section 20- 3.3(E); deleting eating place (accessory) from
Section 20- 3.3(E); providing the aforesaid restaurant
categories as special uses in Section 20- 3.3(E); providing
,special use conditions for restaurant and restaurant, fast
food in Section 20- 3.4(6)(4); providing for severability;
providing for ordinances in conflict; acid providing an
effective date. (Mayor McCannL---_ 4/5
RESOLUTIONS FOR PUBLIC HEARING:
A Resolution authorizing the City Manager' o exe to an
indemnification agreement with F1 gler F deral — Savings an
Loan Association compensating the City's consultants'' c is
7th for, and holding harmless the City from i'ti gati'on j' i ng
from a final action of the City for appl i c '-crn to
amend the Comprehensive Paln regarding a premises commonly
known as the Bakery Centre, 5701 S.W. 72nd Avenue, South
Miami, Florida, and legally described herein.
(_Vice -Mayor Carver)
RESO IONS:
l/�
T Resolution es ab thing th poll y o`f the Cit of South
ami to not per 't rando_ check points for ermining
bri ty or other vi -a- ti -o-n- posed to
a nable suspicion or le use.
% (Vice -Mayor Carver)
A Resolution authp'ri ing t4 City Manage to exempt the City
of South Miami from he provisions of the etropolitan Dade
6�? County storm water uti ity ordinance and p oviding for the
creation of a municipal rm water utili't implementing
Florida Statute 403.0893 (1 -aver .than two years from
ti the effective date of that Ordinance. ('Mayor McCann)
3/5
3/5
3/5
S �
REGULAR CITY COMMISSION MEETING
AUGUST 6, 1991
PAGE 2
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ORDIN ES - FIRST READING: ,
c�
8 An Ordinance amending Section 20 -3.30) of the Land Development
Code of the City to permit automobile parking structure as a
V pecial use in RO Districts; amending Section 20 -3.4 of the
ode to add a new Section ('15) setting forth the special use
onditions for automobile parking structures in RO Districts;
roviding for severability; providing for ordinances in
conflict and an effective date. (.Mayor McCann) 4/5
REMARKS
none
You are hereby advised that if any person desires to appeal any decision
with respect to any, matter considered at this meeting or hearing, such
person will need to ensure M t record
ade, which record includesthe testimony andevi h
denceuponwhichnt is
he
appeal 1s,,based.
r
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
REGULAR CITY COMMISSION
REGULAR CITY COMMISSION MEETING
- AUGUST 6TH, 1991
7:30 PM
A. Invocation
Next Resolution:
Next Ordinance:
Next Commission
�1-
Meeting: 8,
B. Pledge of Allegiance to the Flag of the United States of Americ
C. Presentations
D. Items for Commission Consideration:
1. Approval of Minutes:
a. meeting of July 23, 1991
b. meeting of July 3C, 1591
2. City Manager's Report - Report on loan
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING: J, , 4 -L-,I-
4•.
An Ordinance amending Section 20 -2.3 of the Land Development
Code of the City of South Miami to provide specific
definitions for catering services; restaurant; restaurant,
accessory; and restaurant, fast food; deleting eating place
definition from Section 20 -2.3; deleting eating place from
Section 20- 3.3(E); deleting eating place (accessory) from
Section 20- 3.3(E); providing the aforesaid restaurant
categories as special uses in Section 20- 3.3(E); providing
special use conditions for restaurant and restaurant, fast
food in Section 20- 3.4(6)(4); providing for severability;
providing for ordinances in conflict; and providing an
effective date. (Mayor McCann)
RESOLUTIONS FOR PUBLIC HEARING:
A Resolution authorizing the City Manager to execute an
indemnification agreement with Flagler Federal Savings and
Loan Association compensating the City's consultants' costs
for, and holding harmless the City from litigation arising
from a final action of the City for any application to
amend the Comprehensive Paln regarding the premises commonly
known as the Bakery Centre, 5701 S.W. 72nd Avenue, South
Miami, Florida, and legally described herein.
(.Vice -Mayor Carver)
RESOLUTIONS: ���...e- G'e' -�%��/
l- d Zu
7. A Resolution establishing the policy of the City of South
Miami to not permit random check points for determining
sobriety or other violations of law, as opposed to
reasonable suspicion or probable cause.
-.1 _ q ! , � /! -� -� ( Vice -Mayor Carver)
6. A Resolutio authorizing the City Manager to exempt the City
of South Miami from the provisions of the Metropolitan Dade
County storm water utility ordinance and providing for the
creation of a municipal storm water utility implementing
Florida Statute 403.0893 (1) no later than two years from
the effective date of that Ordinance. (Mayor McCann)
REGULAR CITY COMMISSION MEETING
AUGUST 6, 1991
PAGE 2
ORDINANCES - FIRST READING:
8. An Ordinance amending Section 20- 3.3(D) of the Land Development
Code of the City to permit automobile parking structure as a
special use in RO Districts; amending Section 20 -3.4 of the
Code to add a new Section (15) setting forth the special use
conditions for automobile parking structures in RO Districts;
providing for severability; providing for ordinances in
conflict and an effective date. (Mayor McCann)
REMARKS
none
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed;ngs is
Made, which record includes the testimony and evidence upon which the
appeal i.s,based. A
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
REGULAR CITY COMMISSION
REGULAR CITY COMMISSION MEETING
AUGUST 6TH, 1991
7:30 PM
Next Resolution:
Next Ordinance:
Next Commission
ql/
�
1
Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of Americ
C• Presentations
D. Items for Commission Consideration:
I. Approval of Minutes:
a. meeting of July 23, 1gg1
3b. meeting of July 30, 1991
: 2. City Manager's Report - Report on loan
City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance amending G:,�
Code of the Cit g Section ZO -2.3 of the Land Development
definitions CitycafSonth Miami to provide specific
accessory; and restaurant, ervices; restaurant; restaurant,
definition from Section 20_fast food; deleting eating place
Section 20- 3,3(E); deleting eating g eating place from
(E); Providing g Place (accessory) from
categories as 9 the aforesaid restaurant
special uses in Section 20 -3.3
(E);
food in Section 20_3, restaurant and restaurant, use conditions for
providing for ordinances) in conflict; for severability;
effective date. and
providing an
RESOLUTIONS FOR PUBLIC HEARING: (Mayor McCann)
5• A Resolution authorizing
indemnifi g the Cit M
agreement with Flagler9FederralxSavingsn
cation and
Loan Association compensating the City's
for, and holding harmless the City consultants, costs
from a final action of the City y from litigation arising
amend the Comprehensive Pain regarding application to
known as the Bakery Centre 9 the
Miami, Florida, and legally 5701 S.W. the
Avenue, South only
9 y described herein.
RESOLUTIONS: (Vice -Mayor Carver)
7. A Resolution establishing
Miami to not the policy of the City sobriety or other�violat�onshofk]aw e of South
reasonable Suspicion or P °rots for determining
P probable causes opposed to
6. A Resolutio O rr
�1(a � (Vice -Mayor Carver)
Of South Miami oeromiitheg the City
provisionsMOfathe MetropolitaneD de
County storm water unlit
creation of a municipal stoomdinanceuand p vi implementing
Dade
Florida Statute 403. Providing for the
the effective date 0893 (1) no later than two p years from
Of that Ordinance, years from
(Mayor McCann)
r
REGULAR CITY COMMISSION MEETING
AUGUST 6, 1991
PAGE 2
ORDINANCES - FIRST READING: /: zo . �J,�
An Ordinance amending Section 20- 3.3(D) of the Land Development
Code of the City to permit automobile parking structure as a
special use in RO Districts; amending Section 20 -3.4 of the
Code to add a new Section (15) setting forth the special use
conditions for automobile parking structures in RO Districts;
providing for severability; providing for ordinances in
conflict and an effective date. (.Mayor McCann)
REMARKS
none
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed;ngs is
Made, which record includes the testimony and evidence upon which the
appeal is„ based. A
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES;
RESTAURANT; RESTAURANT, ACCESSORY; AND RESTAURANT, FAST
FOOD; DELETING EATING PLACE DEFINITION FROM SECTION 20-
2.3; DELETING EATING PLACE FROM SECTION 20 -3.3 (E);
DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -3.3
(E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS
SPECIAL USES IN SECTION 20 -3.3 (E); PROVIDING SPECIAL USE
CONDITIONS FOR RESTAURANT AND RESTAURANT, FAST FOOD IN
SECTION 20 -3.4 (B)(4); PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the Citv of South Miami as "Eating Place" to better
regulate the distinct types of businesses which have operated under
this use,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows:
CATERING SERVICES. Shall mean the business of providing food for
special events such as wedding receptions, parties or corporate
entertainment. Catering services shall not include any restaurant
use or food and beverage consumption on the premises.
£A�'�N6- P�iE£--- Sha��- Bears- amp- estts�g- eate��tahn�e�t- where- feed -arid
drsa�t -�a- prepared -- nerved- �trtd- eetzetimed -en- the- premiaea :-
RESTAURANT. Shall mean an establishment for the sale of food and
beverages, the method of operation being either: sit -down
restaurants where customers are provided with an individual menu
and food and beverages are served by a restaurant employee, or
cafeteria -type restaurants where food and beverages are served and
are consumed on the premises.
RESTAURANT, ACCESSORY. Shall mean an establishment for the sale
of food and beverages which has access to a common circulation area
within an office center. This use may include take -out service and
delivery service. Seating must be provided for all patrons.
RESTAURANT, FAST FOOD. Shall mean an establishment for the sale of
food and beverages where the method of operation is that of a fast -
food or drive -in restaurant, and where food and beverages may be
served directly to the customer in a motor vehicle. This use may
include delivery service with the approval of the City Commission.
01
� � Y
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k'
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES;
RESTAURANT; RESTAURANT, ACCESSORY; AND RESTAURANT, FAST
FOOD; DELETING EATING PLACE DEFINITION FROM SECTION 20-
2.3; DELETING EATING PLACE FROM SECTION 20 -3.3 (E);
DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -3.3
(E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS
SPECIAL USES IN SECTION 20 -3.3 (E) ; PROVIDING SPECIAL USE
CONDITIONS FOR RESTAURANT AND RESTAURANT, FAST FOOD IN
SECTION 20 -3.4 (B)(4); PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the City, of South Miami as "Eating Place" to better
regulate the distinct types of businesses which have operated under
this use,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows:
CATERING SERVICES. Shall mean the business of providing food for
special events such as wedding receptions, parties or corporate
entertainment. Catering services shall not include any restaurant
use or food and beverage consumption on the premises.
£�4��#f -PEE£ :--- 5�ta�?- zeer�- ttnp- eatsttg- eatab�ta%ntent- Kkere— feed -aid
drtrs� -�e- prepared -- nerved- aid- eenetsmed -en- the- preattaea-
RESTAURANT. Shall mean an establishment for the sale of food and
beverages, the method of operation being either: sit -down
restaurants where customers are provided with an individual menu
and food and beverages are served by a restaurant employee,-or
cafeteria -type restaurants where food and beverages are served and
are consumed on the premises.
RESTAURANT, ACCESSORY. Shall mean an establishment for the sale
of food and beverages which has access to a common circulation area
within an office center. This use may include take -out service and
delivery service. Seating must be provided for all patrons.
RESTAURANT, FAST FOOD. Shall mean an establishment for the sale of
food and beverages where the method of operation is that of a fast -
food or drive -in restaurant, and where food and beverages may be
served directly to the customer in a motor vehicle. This use may
include delivery service with the approval of the City Commission.
1
G
Section 2. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended :o delete the following:
C D
ZONING DISTRICTS 0 A
fJ R
RI LI MI NI SIG; I; D K
O1 01 01 R1 RI RI S G
---- Eat_t�q- a?�see- seeeaaerM * - -- - - S -S - -- -- ;----- - - -.o- - -7
Section 3. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to include'the following:
Restaurant - -- —� I � S S� S P I 4(a) I 7
Restaurant Accessary 1 1 SI SI i 16 ;N /A
Restaurant, Fast Food I I I I I SI S� 4(b) 1 7
Section 4. That Section 20 -3.4 (B)(4) of the Special Use
Conditions be amended to contain the following:
(4) RESTAURANTS
(a) RESTAURANT
i. For restaurants located in the SR zoning district,
if the street frontages of restaurants in any block
exceed twenty (20) percent of the total street
frontage for that block, then any new restaurant is
prohibited from locating in that block.
ii. All such establishments shall provide only inside
or patio service on private property.
iii. No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iv. The City Commission shall review and approve the
site plan.
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress or egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred ( 300 ) feet from any other Fast Food
Restaurant.
i. The City Commission shall review and approve the
site plan.
C ` P
ZONING
DISTRICTS
0 A
N R
RI LI M
NI S GI I�
D K
0 01 O
RI R1 R; 1
S I G
Restaurant - -- —� I � S S� S P I 4(a) I 7
Restaurant Accessary 1 1 SI SI i 16 ;N /A
Restaurant, Fast Food I I I I I SI S� 4(b) 1 7
Section 4. That Section 20 -3.4 (B)(4) of the Special Use
Conditions be amended to contain the following:
(4) RESTAURANTS
(a) RESTAURANT
i. For restaurants located in the SR zoning district,
if the street frontages of restaurants in any block
exceed twenty (20) percent of the total street
frontage for that block, then any new restaurant is
prohibited from locating in that block.
ii. All such establishments shall provide only inside
or patio service on private property.
iii. No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iv. The City Commission shall review and approve the
site plan.
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress or egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred ( 300 ) feet from any other Fast Food
Restaurant.
i. The City Commission shall review and approve the
site plan.
Secucn . 14L 14L any section, clause, sentence, cr phrase c; this
ordinance is held to be invalid or unconstitutional by any court
of competent jurisdiction, then said holding shay_ in no wav_ affect
the valiaity of the remaining portions of this Ordinance.
Sect-= c. All ordinances or parts of Ordinances -. conflict
herewith be and the same are herenv repealed.
Section 7. This Ordinance will take effect immediatelv at the time
of its passage.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
91
1990.
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BLOCK
RESTAURANT ANALYSIS IN "SR" DISTRICT
A Depot Restaurant is covering 34% of the block frontage at 71
Street and 23% at US1. No additional restaurant is permitted.
B E1 Manara Restaurant is covering 2% of the block frontage at
Sunset Drive. 18% or 113 Feet Restaurant frontage may be added
as Special Use.
C Bakery Centre, PUD.
D Cheers, Deli Lane Cafe, and Your Father's Moustache including
parking lots are covering 62% of the block frontage at 59
Avenue. No additional restaurant is permitted.
Your Father's Moustache, including parking lot is covering 59%
of the block frontage at 73rd Street. No additional
restaurant is permitted.
Cheers is covering 28% of the block frontage at US1. No
additional restaurant is permitted.
E The College Inn and JJ's American Diner, including parking
lots are covering 32% of the block frontage at Sunset Drive.
No additional restaurant is permitted.
JJ's American Diner and Bella Luna, including parking lots are
covering 100% of the block frontage at 58th Court. No
additional restaurant is permitted.
Bella Luna, including parking lot is covering 50% of the block
frontage at 73rd Street. No additional restaurant is
permitted.
F Ben & Jerry's is covering 05% of the block frontage at Sunset
Drive. 15% or 43 feet of restaurant frontage may be added as
Special Use.
I New Chinatown and Le Glacier including parking lot are
covering 66% of the block frontage at 59th Court, and 100% of
the block frontage at 73rd Street. No additional restaurant
is permitted.
New Chinatown, including parking lot is covering 21% of the
block frontage at US1.
K "NR", not included in this study.
N Finicky's Little Diner and Food Works are covering 10t of the
block frontage at 57th Avenue. 10% or 26 feet of restaurant
frontage may be added as Special Use.
on the remaining blocks up to 20% of the block frontage may
be occupied by restaurants under Special Use Permit.
4 BUILDING &
ZONING - MAY 1991
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EATING PLACES IN "SR" DISTRICT
5. BEN AND JERRY'S 1,040 82,650 1.23%
I I
5812 SUNSET DRIVE I
6.
ESTABLISHMENT
S. F.
BLOCK SF
PERCENTAGE
1.
DEPOT RESTAURANT
I 1,550
23,432
6.61%
7.
5830 S. DIXIE HWY
2,525
I
3.72%
I
2.
EL MANARA
1,291
128,380
1.01%
8.
5811 SUNSET DRIVE
3,058
67,847
4.51%
3.
THE COLLEGE INN
I 1,200
87,000
1.38%
I
5894 SUNSET DRIVE
I
6,600
I
4.
JJ'S AMERICAN DINER
I 4,600
87,000
5.29%
5850 SUNSET DRIVE
I
FINICKY'S LITTLE DINER I
I
5. BEN AND JERRY'S 1,040 82,650 1.23%
I I
5812 SUNSET DRIVE I
6.
CHEERS
I
7,000
67,847
10.32%
5812 SUNSET DRIVE
7.
DELI LANE CAFE I
2,525
67,847
3.72%
7230 SW 59 AVENUE
I
I
8.
YOUR FATHER'S MOUSTACHE
3,058
67,847
4.51%
7232 SW 59 AVENUE
I
I
9.
BELLA LUNA I
6,600
87,000
7.59%
5859 SW 73 STREET
I
I
10.
FINICKY'S LITTLE DINER I
625 I
82,650
I .76%
7310 RED ROAD
11. FOOD WORKS 625 82,650 .76%
I
7318 RED ROAD ' I
12. LE GLACIER I 1,350 I 93,938 I 1.44%
5950 S. DIXIE HWY
13. NEW CHINATOWN I 5,000 I 93,938 I 5.32%
f
5958 S. DIXIE HWY
This is the percentage of the establishment's gross floor area over
the block area. The total land area of the establishment has not
been verified.
Conclusion:
Depot Restaurant block - Restaurant Coverage 6.6% - (1)
E1 Manara block - Restaurant Coverage 1% - (2)
JJ's block - Restaurant Coverage 14.25% - (3,4 & 9)
Ben & Jerry's block - Restaurant Coverage 1% - (5)
Cheers block - Restaurant Coverage 18.5% - (6, 7 & 8)
Finicky's block - Restaurant Coverage 1.5% - (10 & 11)
New Chinatown block - Restaurant Coverage 6.76% - (12 & 13)
BUILDING & ZONING - MARCH 1991
EATING PLACES IN "SR" DISTRICT
----------------------------------------------------------------
ESTABLISHMENT
*FRONTAGE
BLOCK FRONTAGE
PERCENTAGE
1.
DEPOT RESTAURANT
@ 71ST STREET
81
239
34%
@ U.S.1
72
311
23%
2.
EL MANARA
@ SUNSET DRIVE
14
629
02%
3.
THE COLLEGE INN
@ SUNSET DRIVE
20
300
07%
4.
JJ'S AMERICAN DINER
@ SUNSET DRIVE
46
300
16%
@ 58TH COURT
114
290
39%
5.
BEN AND JERRY'S
@ SUNSET DRIVE
14
285
05%
6.
CHEERS
@ U.S.1
135
483
28%
@ 59TH AVENUE
75
307
24%
7.
DELI LANE CAFE
@ 59TH AVENUE
38
307
12%
S.
YOUR FATHER'S MOUSTACHE
@ 59TH AVENUE
37
307
12%
@ 73RD STREET
70
370
18%
9.
BELLA LUNA
@ 58TH AVENUE
79
290
27%
@ 73RD STREET
76
300
25%
10.
FINICKY'S LITTLE DINER
@ 57TH AVENUE
14
290
05%
11.
FOOD WORKS
@ 57THE AVENUE
14
290
05%
12.
LE GLACIER
@ 59TH COURT
48
287
17%
13.
NEW CHINATOWN
@ U.S.1
80
564
14%
* Building only
BUILDING & ZONING - MARCH 1991
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?fur a Framing ore
Planning & Zonina Consultant
LAND DEVELOPMENT CODE Revised August 21, 1990 CITY OF SOUTH MIAMI
41
Sect.on 20- 3.2(D)
JSE TYPE
6 Public Rela yr is s
'�aSI'0 ela-vision Repair Shop.
F
B.�DrOdLiCtlOn & St --Prii _ t.a c
Reupholstery•& Furniture
Repair Services
0 Shoe RAn-^
0 Stock Brokerage SArvic_es
Tailor or Seamstress
Tax ist
Telephone Answering Services
0 Tutorial Services_
f -.
aarpr ..f- ri nPma
Travel Agency
p Watnt and Clock Sales & Reps
O.Video Tape Rental Store
RETAIL AND WHOLESALE TRADE
11r Conditioning Sales & Services
4 Rntiaue or Curio Shon
Au nmoni 1 P Ac cessgries & ?arms
Automobile Dealer
Bait & Tackle Shop
o ?akery
�BicT vc'te Sales & Serve
Soar- -,ealer
Q nor, St t:,ane t
crr.�c
s Business Macnine Sales & Services
D Camera &
• � .ore
—77'
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Q Mz artme 7
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Eating Place ( Accessary;
. i.
D D=LOPMENT
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R R R R R R R R R L M N S G I H P P 0 A
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Section 20-3.20)
USE TYPE
I Fabric or nrnr ry chon
7 Florist
Gasoline Service Station
Gift, Novel o S oD
G ass an Mirror Sales & Services
Heavy acninery ales,
Rental & Services
i Household Appliance Store
Home urns ure
r ��irn� c i nQC S ❑r
Jer L Store
Lawn & Garden Supplies
Lawnmcwer Sales & services
L1l¢�acze or Leather Goods Store
_Liahti nQ c� vr�trpc StOr
7,t t❑ cf -n�-e
Lumber & Building Materials Store
Mobile Food Vendors
Monument Sales
Motorcycle Dealer
o Newsstand
�1' -Pc
Paint, Glass & wal r 2tore
P Pet sa es or Groomi ng c'y1 CeS
Plant " rsery or Greenho t- A ~'
Pluming Shop T
Poultry, Meat cr Seafood Market
Recreat- n_n_al Vehic, a Dea i A __
a c1IIa, Needlework
-or Piece codas �t -ore
O :Wort -;;a ,00cis �tor�
O Qsed M H nd�=Xn re
�'UdAeandiseStore
(Consianment Goods)
'sea Mercnanaise amore
(Seccndhand Goods)
.used Merchandise Store
'Vehicle Par'-z)
_Iari Are. c n a
Whoiisale Sales & Storage
AND EVELOPM= CODE
ZONING DISTRICT
R R R R- R R R R R L M N S G I H P P 0 A
S S S S T T M M 0 0 0 R R R I R N R
1 2 3 4 6 9 1 2 D K
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Revises January 1s, 7993 CITY OF SOUTH MIAMI
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cOt2th M4 ami Code of Ordi nnnr-nc
Revises January 1s, 7993 CITY OF SOUTH MIAMI
4 3
Section 20- 3.3(D)
JSE TYPE
ZONING DISTRICT
R R R R R R R R R L M N C P
S S S S T T M M O O O R RG I H P P O A
1 2 3 4 6 9 1 2 I R N R
8 4 D K
S G
TRANSPORTATION, WAREHOUSING AND CORKUNICT1ONS
0 Radio =1Y
w�.',!: it or Ta i Terming i —
Storage Garage.
Transfer & Moving Company
VehiCIP & Trn e
Public warehousing & Storage
MANUFACTURING AND INTENSIVE USES
Ann�_ProdLe^ts
Cabinet Making & Millwork
Food Products
,no a attoir o d; ;11Ar,�
Furniture & Fixtures
Machine Shon
Ornamental Ket-ai119 c�,.,n
lint & Allied Products
Printing, Publishing
or .00kbindincr
Sign Painting & Lettering Shop
Stone Cutting & Processing
Ti-- v i
Upholstery Shop
I If
i
JEENIMPT
Revises mucus= ZI,
X990 CITY OF
a a
Draft #1
Amendment to City of South Miami Land Development Code Related to
MODIFICATIONS in the EXISTING
SPECIALTY RETAIL, DISTRICT
F Me um-
CREATION of a NEW
SPECIALTY RETAIL, CORE DISTRICT
May 2, 1991
Prepared by
Robert K Swarthou, Incorporated
Add to Section 20.2.3 the following deftnitions:
RESTAURANT, LOW TO MEDIUM TURNOVER: Such restaurants shall
have table service for all tables within the establishment. Average
turnover time for each customer's meal shall be greater than thirty (30)
minutes. Restaurants with drive -up or drive -in service shall not be low to
medium turnover restaurants by definition.
RESTAURANT, HIGH TURNOVER: Such restaurants need not have any
table service for seats at tables. Average turnover time may be less than
thirty (30) minutes.
Add to Section 20.3.1 the following:
(13 A) "SRC" Specialty Retail Core District
The basic purpose of this district is to facilitate specialty retail sales uses
in sufficient numbers and concentrations to enable most of the uses to
benefit from the customer traffic generated by the other uses, thus
creating what is sometimes referred to as a "critical mass." At the time
of this ordinance's enactment, the specialty retail core area contained a
mix of retail sales uses which was believed to constitute a successful
"critical. mass." Based on professional advice, the South Miami City
Commission determined that the then existing number and type of
restaurants within the district was beneficial to the "critical mass" and
that additional restaurants might also be beneficial. However, the City
Commission also determined that a great proliferation of restaurants
could squeeze out retail sales uses to the detriment of the area.
Accordingly, these regulations provide for restricting restaurants in the
Specialty Retail Core District.
Delete the existing Section 203.3 (C) (6).
Add a new Section 203.3 (C) (6) as hollows:
(6) Use Regulations Applicable to the Specialty Retail District
Uses Permitted by Right:
The following residential uses shall be permitted by right, provided
they are located at the second floor level or above and provided
further that retail uses are at the first floor level below them:
2
Dwelling, :Multi- family
The following public and institutional uses shall be permitted by
right:
Museum, library, art gallery
Park or playground, public
School, vocational for office skills
The following business and professional offices shall be permitted
by right, provided they are located at the second floor level and
provided further that retail uses are located at the first floor level
below them:
Accounting and auditing office
Advertising office
Architectural office
Building contractor office
Chiropractic office
Counseling office
Computer service office
Credit reporting office
Dentist office
Employment office, private
Engineering office
Insurance office
Investigative service office
Investment & tax counseling office
Law office
Loan or finance agency office
Market research office
Medical office
Notary public office
Opticians office
Planning & zoning consultant office
Public relations service office
Real estate agency office
Reproduction & stenographic service office
Stock brokerage office
Telephone answering service office
Tutorial service office
The following personal service uses shall be permitted by right
provided they are located at the first or second floor level:
Beauty or barber shops
Bars and lounges as accessories to restaurants
Dance, art, music or martial arts studio
Film processing substations
3
Photographic studio
Physical fitness studio
Restaurants, low and medium turnover
Restaurants, sandwich shops and snack bars
Shoe repair service
Tailor or seamstress
Travel agency
Video tape rental service
Watch and clock sales & repair service
The following retail sales uses shall be permitted by right provided
they are located at the first or second floor level:
Antique or curio store
Bakery shop
Book or stationery store
Camera and photo supply store
Carpet and flooring store
Clothing and apparel, new, store
Confectionery or ice cream parlor
Consumer electronics store
Cosmetic store
Fabric or drapery shop
Florist shop
Gift, novelty or souvenir shop
Hobby, toy or game shop
Home furniture store
Interior decorator store
Jewelry store
Luggage or leather goods store
Lighting fixture store
Liquor store
Newsstand
Office supply store
Optical goods store
Picture framing shop
Poultry, meat or seafood market
Sewing, needlework or piece goods store
Shoe store
Used merchandise on consignment
Variety store
Uses permitted as special land uses:
Automobile parking structure
Bars and lounges as accessory to low and medium turnover
restaurants, provided the special land use review authority
finds, based on substantial and competent evidence, that the
4
proposed accessory bar will constitute a minor and insignificant
part of the business insofar as its external impact on
neighboring uses is concerned.
Add Section 20-3.3 (C) (7) as follows:
(7) Use Regulations Applicable to the Specialty Retail Core District
The uses permitted by right and as special uses in the Specialty Retail
Core District shall be the same as in the Specialty Retail District, except
that restaurants and bars and lounges shall be subject to the following
provisions:
Low turnover to medium turnover restaurants and sandwich shop
and snack bar type restaurants shall be permitted by right in the
Specialty Retail Core District, except that such restaurants shall be
permitted only as special uses if they, plus the other restaurants in
the block in which they are located, would occupy a total of more
than twenty (20) percent of the Sunset Drive frontage on that block to
a depth of fifty (50) feet from the front building line.
A restaurant which does not qualify as a permitted by right use
may be approved as special land use provided the special land use
review authority finds, based on substantial and competent
evidence, that it will make a positive contribution to the overall
viability of retail sales uses on the block and in the general vicinity
and further that it will further the intent of the district. In making
such a determination, the special land use review authority may
consider the specific location of the proposed restaurant in relation
to other specific uses, the type of use the restaurant would be
replacing, the other types of uses which might reasonably be
expected to occupy the space if the proposed restaurant did not and
any other facts which might be pertinent to the determination.
However, the special land use review authority shall not consider
any detrimental impact which a proposed restaurant might have
on competing restaurants as a basis for denying the special use
approval.
Modify Section 20-3.3 (D) to delete the column headed 'SR."
5
BASED ON THE ROBERT K SWARTHOUT'S PROPOSAL FOR
A NEW SPECIALTY RETAIL CORE DISTRICT,
REPORT OF MAY 2, 1991.
BLOCKS
A Depot Restaurant is not in the "SRC" District. It is Permitted
by Right. **
B El Manara Restaurant is in the "SRC" and it is Low to Medium
Turnover.
(200 - 020 = 180 or 113 Feet Restaurant frontage may be added
as Permitted by Right (Low to Medium Turnover).*
E _The College Inn 07%
JJ's American Diner 16%
A total of 23% Restaurant frontage is existing. No additional
Restaurant is Permitted on this block.*
F Ben & Jerry's 050
(20% - 050 = 150 or 42.75 Feet Restaurant frontage may be
added as Permitted by Right (Low to Medium Turnover).*
D Cheers is not in the "SRC" District. It is Permitted by
Right. **
D Deli Lane Cafe and Your Father's Moustache do not front on
Sunset. They are Permitted by Right (Low to Medium
Turnover). **
E Bella Luna does not front on Sunset. It is Permitted By
Right. **
N &I Finicky's Little Diner, Food Works, Le Glacier, and New
Chinatown are not in the "SRC" District. They are Permitted
by Right. **
G &H The two 5700 Blocks of Sunset Drive, across from the Bakery
Centre. (20% x 285') = 57 feet Restaurant frontage may be
added as Permitted by Right (Low to Medium Turnover) for each
block).*
J,K Restaurant is Permitted by Right. **
L &M
* Additional Restaurant Frontage may be permitted as Special
Use.
** Only Low & Medium Turnover and /or Sandwich Shops and Snack
Bars
BUILDING & ZONING - MAY 1991
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES;
RESTAURANT, ACCESSORY; RESTAURANT, CONVENIENCE;
RESTAURANT, GENERAL; AND RESTAURANT, WALK -UP; DELETING
EATING PLACE DEFINITION FROM SECTION 20 -2.3; DELETING
EATING PLACE FROM SECTION 20 -2.3 (E); DELETING EATING
PLACE (ACCESSORY) FROM SECTION 20 -2.3 (E); PROVIDING THE
AFORESAID RESTAURANT CATEGORIES AS SPECIAL USES IN
SECTION 20 -3.3 (E) ; PROVIDING SPECIAL USE CONDITIONS FOR
RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND
RESTAURANT, WALK -UP IN SECTION 20 -3.4 (B)(4); PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Attorney Alan Gold, representing Flagler Federal, signed in and
presented a draft of proposed language to be added to the Ordinance
as stated above. This would address a retail mall setting where
there is a combination of retail and restaurant uses. This would
include mall food courts. Nothing in this Ordinance is intended
to limit the City Commission from establishing different criteria
for restaurants or for fast food restaurants in a retail mall which
are approved as a PUD.
Attorney Bob Donlon signed in to participate in the Public Hearing.
Mr.. Donlon represented the estate of John E. Blake, the former
Arby's property. His interest is in the distance requirements for
general restaurants. Mr. Donlon questioned why should the 300'
rule apply in the general restaurant category. There have been
approximately five restaurant- oriented sales contracts on the
Arby's property, none of which have gone through because of this
distance requirement and the proximity of two restaurant locations
to this property.
H. Kassner, a Commercial Real Estate Broker, signed in and
addressed the Board stating that the 300' restriction, as regards
the general restaurant category, tends to also restrict the
possibility of encouraging additional retail businesses which small
general restaurants would enhance. In restricting commercial and
office uses in the retail district, this proposal further limits
a complimentary use for shopping, that is general restaurant.
Mr. Mackey stated this item comes before the Planning Board again
at the request of the City Commission to further refine the
language.
Mr. Gutierrez restated his desire to eliminate all distance
requirements between restaurants because the ruling discriminates
against restaurants as opposed to any other business. The distance
requirement between fast food establishments is more logical
because of the traffic. If anything, an increase in this
restriction for fast food establishments would not be out of order.
Also, a walk -up service (page 2 of the revision) in connection with
a general restaurant would not be inappropriate, a recommendation
of which could be approved by the City Commission. Mr. Gutierrez
also broached the subject of delivery services which is not being
addressed at present in.this proposal.
Vote: Approved: 5 Opposed: 0
SEE ATTACHED SUGGESTION FROM MR. GOLD.
xgnssanpsx
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE SOUTH MIAMI
PLANNING AND ZONING BOARD
FROM: ALAN S. GOLD
DATE: January 29, 1991
RE: REQUEST FOR AMENDMENT TO SECTION 4 OF PROPOSED ORDINANCE
PERTAINING TO RESTAURANTS
In order to address restaurants use in retail malls as
permitted by planned unit development, it is recommended that
Section 4 of the proposed Ordinance be amended by adding a new
subsection (c) as follows:
"Nothing in this ordinance in intended to limit
the right of, the City Commission to establish
different criteria for restaurants as fast food
restaurants in retail malls which are approved
as part of planned unit development."
k
C 6� %V•
DQGlff4'.
Z 39dd Z�titi9ME, ON H191 161'U'S (30i)
4
WOU
S TAF F REPORT
PB -90 -025 January 25, 1991
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES;
RESTAURANT, ACCESSORY; RESTAURANT, CONVENIENCE;
RESTAURANT, GENERAL; AND RESTAURANT, WALK -UP; DELETING
EATING PLACE DEFINITION FROM SECTION 20 -2.3; DELETING
EATING PLACE FROM SECTION 20 -2.3 (E); DELETING EATING
PLACE (ACCESSORY) FROM SECTION 20 -2.3 (E); PROVIDING THE
AFORESAID RESTAURANT CATEGORIES AS SPECIAL USES IN
SECTION 20 -3.3 (E); PROVIDING SPECIAL USE CONDITIONS FOR
RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND
RESTAURANT, WALK -UP IN SECTION 20 -3.4 (B)(4); PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
The Planning Board previously reviewed the attached "DRAFT"
document which should have been presented as a recommendation from
the staff to the Planning Board. Before the Board tonight is a
copy of the first reading version of the ordinance as presented to
the City Commission, as well as the previously reviewed "DRAFT" for
the Planning Board's consideration as a recommendation.
tri
ORDINANCE
�ec C�'t16Y�
NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES;
RESTAURANT; RESTAURANT, ACCESSORY; AND RESTAURANT, FAST
FOOD; DELETING EATING PLACE DEFINITION FROM SECTION 20-
2.3; DELETING EATING PLACE FROM SECTION 20 -3.3 (E);
DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -3.3
(E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS
SPECIAL USES IN SECTION 20 -3.3 (E); PROVIDING SPECIAL USE
CONDITIONS FOR RESTAURANT AND RESTAURANT, FAST FOOD IN
SECTION 20 -3.4 (B)(4); PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the City of South Miami as "Eating Place" to better
regulate the distinct types of businesses which have operated under
this use,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows:
CATERING SERVICES. Shall mean the business of providing food for
special events such as wedding receptions, parties or corporate
entertainment. Catering services shall not include any restaurant
use or food and beverage consumption on the premises of the
catering establishment.
Eh��N6- P�iE£ -: -- S�ie��- Kneen- and +- eet�ng- e9ta3���9h�nent- wde�e- feed -snd
dr�n}� - #s- prepared ; - eer*�ed- snd- een9t�tned -en- the- pre�ntsea-
RESTAURANT. Shall mean an establishment for the sale of food and
beverages, the principal method of operation being either of the
following: sit -down restaurants where customers are normally
provided with an individual menu and food and beverages are
generally served by a restaurant employee, or cafeteria -type
restaurants where food and beverages are served and are consumed
on the premises.
RESTAURANT, ACCESSORY. Shall mean an establishment for the sale
of food and beverages and where the establishment has access to a
common circulation area within an office center. This use may
include take -out service and delivery service. Seating must be
provided for all patrons.
RESTAURANT, FAST FOOD. Shall mean an establishment for the sale of
food and beverages and where the principal method of operation is
that of a fast -food or drive -in restaurant, and where food and
beverages may be served directly to the customer in a motor
vehicle. This use may include delivery service with the approval
of the City Commission.
1
4
Section 2.
That Section 20 -3.3 (E) of the Permitted
Schedule be amended to delete the following:
C P
ZONING DISTRICTS 0 A
� R
{ G
Use
RI LI 141 NI SI G4 Ij D
01 01 O(` RI RI RI S
---------------- I---- - - -� -5 - 5� -5 -P�
Section 3. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to include the following:
C P
ZONING DISTRICTS 0 A
N R
R Ll MI NJ S1 G l D K
0 0 0 R R R, I S G
Section 4. That Section 20 -3.4 (B)(4) of the Special Use
Conditions be amended to contain the following:
(4) RESTAURANTS
(a) RESTAURANT
i. All such establishments shall provide only inside
or patio service on private property.
ii. No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iii. All Restaurants shall be spaced a minimum of three
hundred (300) feet from any other Restaurant.
iv. The City Commission shall review and approve the
site plan.
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress nor egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred (300) feet from anv_ other Fast Food
Restaurant.
iii. The City Commission shall review and approve the
site plan.
2
Section 5. 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 6. All Ordinances or parts of Ordinances in conflict
herewith be and the same are herebv repealed.
Section 7. This Ordinance will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this day of , 1990.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PROVIDE
SPECIFIC DEFINITIONS FOR CATERING SERVICES; RESTAURANT,
ACCESSORY; RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND
RESTAURANT, WALK -UP; DELETING EATING PLACE DEFINITION FROM
SECTION 20 -2.3; DELETING EATING PLACE FROM SECTION 20 -2.3 (E);
DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -2.3 (E);
PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS SPECIAL USES
IN SECTION 20 -3.3 (E); PROVIDING SPECIAL USE CONDITIONS FOR
RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND RESTAURANT,
WALK -UP IN SECTION 20 -3.4 (B)(4); PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the City of South Miami as "Eating Place" to better
regulate the distinct types of businesses which have operated under
this use,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows:
CATERING SERVICES. Shall mean the business of providing food for
special events such as wedding receptions, parties or corporate
entertainment. Such services may include auxiliary duties such as
the hiring of help to serve prepared food, arranging for flowers,
providing for decoration, and renting of equipment for such events.
Catering services shall not include any restaurant use or food and
beverage consumption on the premises of the catering establishment.
�4g'�N6- P�4E£r-- Shs�l- mean - any- ee��ng- eetab��9h�aent- a�}'te�e -feed -end
dr�n3t -�s- prepared;- eet�ed- end- eenat�Med -en- the- preMtaea-
RESTAURANT, ACCESSORY. 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 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
corridor within the center. This use may include take -out service
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.
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.
1
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.
In either case, public streets, rights -of -way, and sidewalks may
not be used for patio or street -side services of any kind. This
use may include take -out service, but excludes any service to a
customer in a motor vehicle; walk -up service and delivery service
are prohibited. Seating must be provided for all patrons.
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 pedestrians 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.
Section 2. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to delete the following:
C P
ZONING DISTRICTS 0 A
N R
R L M N S GI D K
O O O R R R S G
----------- - - - - -' -- - - - - -- --
--
Section 3. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to include the following:
C I P
ZONING DISTRICTS 0 A
2
R
0
L
0
M
0
N
R
S
R
G
R
I
N
D
S
x
K
G
Restaurant, Accessory
S
S
16
N/A
Restaurant, Convenience
I S1 S1
4(a)
7
Restaurant, General
S
Sj
S1 P
4(b)
7
Restaurant, Walk Up
91
S1 i
1 4(c)
7
2
Section 4. That Section 20 -3.4 (B)(4) of the Special Use
Conditions be amended to contain the following:
(4) RESTAURANTS
(a) RESTAURANTS, CONVENIENCE
i. No vehicular ingress nor egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Convenience Restaurants shall be spaced a
minimum of three hundred (300) feet from any other
Convenience Restaurant and any Walk -up Restaurant.
iii. 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, lot
size, access and facility arrangement for this
Special Use Permit.
(b) RESTAURANT, GENERAL
i. All such establishments shall provide only inside
or patio service on private property. Public
streets, rights -of -way, and sidewalks may not be
used for patio or street -side services of any kind.
ii. No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iii. All General Restaurants shall be spaced a minimum
of three hundred (300) feet from any other General
Restaurant in the City of South Miami.
iv. The City Commission shall review and recommend
approval, disapproval or modification of all site
plans and project specifications for this Special
Use Permit.
(c) RESTAURANT, WALK -UP
i. Containers for the proper disposal of waste
materials must be provided by the restaurant at all
times during the hours of operation. The number of
required containers shall be that approved by the.
City Commission. Such containers must be kept clean
and well maintained at all times.
ii. No such facility shall be permitted along streets
and rights -of -way bordering residential zoning
districts in the City of South Miami.
iii. This use excludes any service to a customer in a
motor vehicle, but may include delivery service with
City Commission approval; seating is not required.
iv. No Walk -Up Restaurant may sell or offer for sale
any alcoholic beverage for consumption on or off
the premises, including delivery, at any time.
v. All Walk -up Restaurants facilities shall be spaced
a minimum of three hundred ( 300) feet from any other
Walk -up Restaurant and any Convenience Restaurant.
3
vi. The City Commission shall review and recommend
approval, disapproval or modification of all site
plans and specifications, including but not limited
to, pedestrian circulation, facility access and
facility arrangement for this Special Use.
Section 5. 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 6. All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
Section 7. This Ordinance will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this day of 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
4
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXEMPT THE CITY OF SOUTH MIAMI FROM THE
PROVISIONS OF THE METROPOLITAN DADE COUNTY STORM WATER
UTILITY ORDINANCE AND PROVIDING FOR THZ; CREATION OF A
MUNICIPAL STORM WATER UTILITY IMPLEMENTING FLORIDA
STATUTE 403.0893 (1) NO LATER THAN TWO YEARS FROM THE
EFFECTIVE DATE OF THAT ORDINANCE
WHEREAS, National Pollutant Discharge Elimination System
(NPDES) permit regulations became effective on November 16,
1990,and provide a two step, two year application of permitting
process involving all of Dade County's public storm water system;
and
WHEREAS, pursuant thereto Metropolitan Dade County has
enacted an Ordinance providing for a county -wide Metropolitan
Dade County Storm Water Utility; and
WHEREAS, the said Ordinance shall be effective in both the
unincorporated and incorporated axeas in Dade County, unless the
governing board of a municipality notifies the Board of County
Commissioners and the Director of Metropolitan Dade County
Department of Environmental Resources Management that the
municipality exercises its option to exempt the municipality
from the provisions of said Ordinance; and
WHEREAS, a further provision of the Ordinance is the
commitment of the municipality to create its own municipal storm
water utility system, implementing Florida Statute 903.0893 (1)
no later than two years from the effective date of the
Metropolitan Dade County Ordinance;
WHEREAS, the Mayor and City Commission wish to exempt the
City of South Miami from the provisions of the Metropolitan Dade
Countv Storm Water Utility Ordinance,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, directed to
ro,o
file with both the Clerk of the Board of County Commissioners and
the Director of the Metropolitan Dade County Department of
Environmental Resources certified copies of this Resolution
notifying the Hoard of the decision of South Miami to exempt
itself from the provisions of the Metropolitan Dade County Storm
Water Utility and further that such Certified copies be filed no
later than 90 days from the enactment of Metropolitan Dade County
Storm Water Ordinance.
Section 2. The City of South Miami shall, no later than two
years from the effective date of the Metropolitan Dade County
Storm Water Utility Ordinance, create a municipal storm water
utility implementing Sec. 403.0893 (1) of the Florida Statutes.
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXEMPT THE CITY OF SOUTH MIAMI FROM THE
PROVISIONS OF THE METROPOLITAN DADE COUNTY STORM WATER
UTILITY ORDINANCE AND PROVIDING FOR THE CREATION OF A
MUNICIPAL STORM WATER UTILITY IMPLEMENTING FLORIDA
STATUTE 403.0893 (1) NO LATER THAN TWO YEARS FROM THE
EFFECTIVE DATE OF THAT ORDINANCE
WHEREAS, National Pollutant Discharge Elimination System
(NPDES) permit regulations became effective on November 16,
1990,and provide a two step, two year application of permitting
process involving all of Dade County's public storm water system;
and
WHEREAS, pursuant thereto Metropolitan Dade County has
enacted an Ordinance providing for a county -wide Metropolitan
Dade County Storm Water Utility; and
WHEREAS, the said Ordinance shall be effective in both the
unincorporated and incorporated areas in Dade County, unless the
governing board of a municipality notifies the Board of County
Commissioners and the Director of Metropolitan Dade County
Department of Environmental Resources Management that the
municipality exercises its option to exempt the municipality
from the provisions of said Ordinance; and
WHEREAS, a further provision of the Ordinance is the
commitment of the municipality Lo create its own municipal storm
water utility system, implementing Florida Statute 403.0893 (1)
no later than two years from the effective date of the
Metropolitan Dade County Ordinance;
WHEREAS, the Mayor and City Commission wish to exempt the
City of SuuL•h Miami from the provisions of the Metropolitan Dade
County Storm Water Utility Ordinance,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section-l- The City Manager be, and hereby is, directed to
file with both the Clerk of the Board of County Commissioners and
the Director of the Metropolitan Dade County Department of
Environmental Resources Certified copies of this Resolution
notifying the Board of the decision of South Miami to exempt
itself from the provisions of the Metropolitan Dade County Storm
Water Utility and further that such certified copies be filed no
later than 90 days from the enactment of Metropolitan Dade County
Storm Water Ordinance,
Section 2. The City of South Miami shall, no later than two
years from the effective date of the Metropolitan Dade County
Storm Water Utility Ordinance, create a municipal storm water
utility implementing Sec. 403.0893 (1) of the Florida Statutes.
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK r.. - � -• • - -�
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
M',v
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ESTABLISHING THE POLICY OF
THE CITY OF SOUTH MIAMI TO NOT PERMIT RANDOM CHECK
POINTS FOR DETERMINING SOBRIETY OR OTHER VIOLATIONS OF
LAW, AS OPPOSED TO REASONABLE SUSPICION OR PROBABLE
CAUSE AS TO A GIVEN INDIVIDUAL
WHEREAS, the Supreme Court of the United States has
determined that in balancing the individual interests of privacy
versus the public need, the..municipal police power may be
exercised via random check points to determine violations of
driving under the influence; and
WHEREAS, pursuant to that decision, the Police Department of
the City of South Miami has operated sobriety check points in the
past; and
WHEREAS, the Mayor and City Commission are opposed as a
matter of policy to the government intrusion into a given
citizen's life on a random basis without either reasonable
suspicion or probable cause as to a crime has been or is in the
process of being committed;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section-1. That the City of South Miami declares as a
matter of policy that it will not conduct random check points or
otherwise interdict and /or stop persons on a random basis, as
opposed to upon a reasonable suspicion or a probable cause that a
given crime has been, or is in the process of being, committed.
Section_2,. That the City Manager be, and hereby is,
directed to implement this policy with all departments of the
City.
I *
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK���
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
E
rl 46
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20-
3.3(D) OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA TO PERMIT AUTOMOBILE PARKING
STRUCTURE AS A SPECIAL USE IN RO DISTRICTS; AMENDING
SECTION 20 -3.4 OF THE CODE TO ADD A NEW SECTION (15)
SETTING FORTH THE SPECIAL USE CONDITIONS FOR AUTOMOBILE
PARKING STRUCTURES IN RO DISTRICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use of
parking structures within the RO district; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for parking structures within
the RO district as a special use in the permitted use schedule;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20- 3.3(D) of the Land Development Code
of the City of South Miami, Florida be, and hereby is, amended to
permit parking structures as a special use in RO districts as
follows:
W,
ZONING DISTRICTS 0 A
N R
R L M N S G I H P P D K
0 0 0 R R R I R S G
Automobile Parking
Structure S S S 15
Section 2. Section 20 -3.4 of the Land Development Code
of the City of South Miami be, and the same is, hereby amended
to add a new section (15) as follows:
(15) PARKING STRUCTURE
structure in RO districts
IN RO DISTRICTS. Parking
are permitted provided that
parking is not more than two levels on RO property
where an RO property abuts a CO property and where the
S
RO property is to be used solely to provide off- street
parking to serve a building or a portion of a building
to be constructed solely on the CO property, subject to
the following conditions:
(a) a unity of title linking the RO and MO properties shall.
be provided;
(b) no main building shall be constructed on the RO
property;
(c) the square footage of the building (s) to be
constructed on the MO property shall not exceed what is
permitted by the zoning regulations to be constructed on the
CO property;
(d) the finished floor elevation of the second level of
parking shall be no higher than four (4) feet six (6) inches
above grade;
(e) the second parking level shall conform to all
setback requirements of the RO district except that it
shall be permitted at five (5) foot interior side
setback;
(f) the second parking level shall meet all the requirements
of Article XV, Vehicular Use Area Landscaping, as if it were
at grade parking, including, but not limited to, required
landscape island;
(q) the ingress and egress to the RO property shall be
solely from the CO property and shall not be permitted
from right -of -way (s) abutting the RO property and
shall not create adverse traffic conditions;
(h) the second parking level shall be designed, landscaped
and screened from view, to the maximum extent possible.
(i) the proposed plans shall be subject to complete review,
approval, modification or denial by the Environmental Review
2
r
and Preservation Board pursuant to Article XI to ensure the
preservation of the residential character of the RO
property, and the overall integrity of the development;
(j) a Declaration of Restrictive covenants providing for
substanhial compliance with the architectural and
landscaping plans offered as part of the application
and further providing for the perpetual maintenance of
landscaping as shown on the landscaping plan, shall be
submitted as part of the application and review of the
City Attorney and of the City Commission. The
Declaration of Restrictive Covenants shall be recorded
in the Public Records of Dade County, at the owner's
expense, immediately following any approval of the
application;
(k) a Public Hearing by the City Commission shall be held to
determine the overall compatibility of the proposed use
with the neighborhood. The application for a Special
Use Permit, as provided herein, shall only be granted
if the City Commission affirmatively finds, in it's
discretion, that the application meets the criteria (a)
through (1) listen above and further affirmatively
finds that the application preserves and enhances, to
the maximum extent possible, based upon merits of the
landscaping and architectural plans submitted, the
residential character of the RO property as it relates
to the murrounding neighborhood. In the making of the
above finding, the City Commission may consider, among
other evidence presented, the testimony of affected
neighboring property owners.
Section 2. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent iurisdiction, then said holding shall to no
way affect the validity of the remaining portions of this
Ordinance.
3
r
k - 2
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 4_ This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of — , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
4