Facts are important. Claims from Palmetto Bay elected officials and staff, stating that Ventanitas are not “banned”, do not appear to line up with the experience of Vicky’s Bakery, the updated ordinance or staff presentation at the hearing. Read/see for yourself.

Credibility is important. Facts are facts. Are the mayor and the council unaware as to what they voted on or are they desperately dog paddling for air to escape what they have done?

What am I talking about? Well, it has been the talk of Miami, starting with the article in the Miami Herald - ‘Either stupidity or racism’: Is Palmetto Bay really trying to ban Cuban ventanitas? By Samantha J. Gross and Carlos Frias, 10/22/2021: Miami Herald subscribers can read more at: https://www.miamiherald.com/miami-com/restaurants/article255188817.html#storylink=cpy

The facts are telling.  The herald quotes a staffer who denies that Ventanitas are banned alleging that:

“They have never been prohibited, and they are not prohibited now,” Community and Economic Development Director Maria Pineda told the Miami Herald. “We just have to take a look at parameters, just like we look at parameters for outdoor seating.” Ventanitas can be pivotal to Latin bakeries’ success.

Hold on there – is this true? So then does Vicky’s Bakery have a Ventanita? The Herald reporters checked in with Vicky Bakery CEO Pedro Cao who stated that:

Vicky Bakery had to work around a Palmetto Bay rule that didn’t allow for a walk-up window when it opened its village store two years ago. The owners had to build a window 2 feet inside the building, behind double doors, hurting visibility from the street, Cao said. (bold emphasis added)

There are many who would argue that a window placed 2 feet inside the building is NOT a Ventanita.

Is a Ventanita important?

“About 25-30% of a bakery’s business comes from the walk-up window, said Vicky Bakery CEO Pedro Cao, who has a franchise in Palmetto Bay. Often the window is a major draw for people driving by who see it and decide to pop in for a quick coffee or pastry. “

So who is reporting or telling the truth? What was said at the meeting? What was presented in writing?

It appears that their purpose was very specific. It says that all sales shall be inside the establishment and walk up sales windows shall not be permitted. It is the use or consumption of merchandise that shall not be permitted except by conditional use approval. So this looks to be very clear that in the B 1 limited business district, the walk up windows are specifically banned.

A conditional use application would not apply as “…walk up sales windows shall not be permitted.” It does NOT say that walk up windows require conditional use approval. Nope  - “not permitted.”

Page 35 from the agenda is pictured at the bottom wiht an excerpt posted to the right. A 21 second video clip of the staff report is embedded below. Please watch the excerpt. The 21 seconds are VERY important. What I hear is that staff is clearly stating that walk up windows are banned consistent with council request. Again, walk up window, as opposed to drive through windows. Please listen for yourself.

 

If not the B-1 zoning district, then how about the B-2 zoning District? B2 also includes a ban as walk up windows are not listed uses (items 1-14 additional to those uses permitted in the B1 district). Walk up windows are not listed under accessory uses or conditional uses (limited to items 1-4). "Prohibited uses include all uses that are not specifically listed in the section." I don’t see how or where Ventanitas are permitted in either of these zoning districts.

Facts are facts. What did the ordinance say? Here is the applicable page from the zoning hearing where this ordinance was approved on second (and final) reading. It was approved 5 – 0. It will be important to review the final ordinance, signed into law by the mayor and clerk as well as the meeting minutes. You can be sure that all these documents will be reviewed by the public with a very detailed fine tooth comb.

For now, I see a ban, no chance for a conditional use, and a need to totally revise this inartfully prepared ordinance. I see that Vicky’s Bakery in fact does NOT have a Ventanita in direct contradiction of the statements made to the Miami Herald Reporters.

Everyone is watching this current mayor and council. We will separate fact from fictional spin. This is government and must be held to the standard required in the Village Charter. See September 23, 2020, Palmetto Bay Charter - Citizens' Bill of Rights - requires Truth in Government by our elected officials and employees.

Stay tuned.