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Res No 133-13-13951RESOLUTION NO. 133-13-13951 A Resolution relating to a request pursuant to Section 20- 3.4(B)(6) of the City of South Miami Land Development Code for Special Use Approval, to locate a used merchandise store: consignment goods, at 5770 SW 72 Street within the Specialty Retail "SR ", Hometown District Overlay "HD -OV ". WHEREAS, pursuant to Section 20- 3.4(B)(6) of the Land Development Code (LDC), the applicant, Second Time Around submitted to the Planning Board Application No. PB -13 -014 requesting a Special Use Approval to operate a consignment store to be located at 5770 SW 72 Street, within the Specialty Retail "SR ", Hometown District Overlay "HD -OV" zoning district; and WHEREAS, a consignment store is permitted as a special use in within the Specialty Retail "SR ", Hometown District Overlay "HD -OV" zoning district and is subject to meeting general conditions specified in LDC Section 20 -5.8 and subject to meeting special use requirements set forth in LDC Section 20- 3.4(B(6); and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at their June 11, 2013 meeting, the Planning Board following a public hearing heard application PB -13 -014 and recommended unanimous approval of the special use request; and WHEREAS, the City Commission desires to accept the recommendation of the Planning l KT§ MIS NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: Special Use Application (PB -13 -014) submitted by applicant Second Time Around for approval to operate a Consignment Store located at 5770 SW 72 Street, within the Specialty Retail "SR ", Hometown District Overlay "HD -OV zoning district is hereby approved subject to the following terms and conditions as well as all applicable City ordinances, codes, rules and regulations: (1) Adhere to the Special Conditions applicable in Section 20- 3.4(B)(6)General Restaurant and Section 20 -5.8 Special Use Approval of the Land Development Code, listed. (2) All signage for the new establishment is subject to review and approval by the Environmental Review and Preservation Board (ERPB). b: Res. No. 133 -13 -13951 (3) Any and all exterior renovations or modifications are subject to review and approval by the ERPB Section 2. Severability. If any section clause, sentence, or phrase of this resolution 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 resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 1 8thday of Ll ST: CITY CLERK ORM, 2 June 2013, APPROVED: COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea 41 41 0 U • CITY OF SOUTH MIAMI � OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To. Via. From. The Honorable Mayor Stoddard and Members of the City Commission Steven J. Alexander, City Manager Christopher Brimo, AICP Planning Director Date: June 12, 2013 South Miami All Am kaCKY I I I I if 2001 A Resolution relating to a request pursuant to Section 20- 3.4(B)(6) of the City of South Miami Land Development Code for Special Use Approval, to locate a used merchandise store. consignment goods, at 5770 SW 72 Street within the Specialty Retail "SR ", Hometown District Overlay "HD -OV ". BACKGROUND Pursuant to Section 20- 3.4(B)(6) of the City's Land Development Code (LDC), the applicant is requesting Special Use Approval to operate a retail consignment store at 5770 Sunset Drive. The location of the retail store will be in alcove of the ground floor retail space adjacent to 1st National Bank of South Miami (Figure 1). SW 71ST ST i _E k j c Y Shops at Sunset Place �t r SW 72ND ST £SUNSET DR i y16tNatlonal EBank ofS:; Miami �i w SW 73RD ST In g -i T D m F M O N _E 5770 SW 72 ST Special use approval - Consignment Store June 12, 2013 Page 3 of 3 At the June 11, 2013 Planning Board meeting following a public hearing, the Board voted unanimously to recommend approval of the use to the City Commission, SPECIAL CONDITIONS APPLICABLE: The special use conditions used merchandise stores enumerated in Section 20- 3.4(B)(6) states: (a) No such establishment shall be located less than one hundred (100) feet from any adjacent residential district. (b) No outside display of goods or merchandise shall be permitted. (c) No such establishment shall be located less than five hundred (500) feet from another such establishment. In addition, the overall purpose of going through the special use process is to determine the compatibility of the proposed use with the surrounding neighborhood. A special use must comply with the conditions set forth in Section 20- 5.8(B) in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and, c) Complies with all other applicable Code provisions. RECOMMENDATION The proposed use meets the requirements of the special use conditions review and is in keeping with the general character of the City's downtown shopping district. Staff recommends approval of this special use request for "Second Time Around" to operate a retail consignment store at 5770 Sunset Drive. Attachments: Application/Payment Letter of Intent Property Owner Authorization Affidavit of Public Notice Site /Floor Plans Survey Z: \Commission Items\2013 \6 -18 -13 \Special Use Consignment Store-5770 Sunset \CM report Special Use—consignment— Second Time Around-5770 SW 72 ST.doc WAU z it City of South Miami Planning & Zoning Departrknent Citf hall, 61,30 Sunset Drive, South Nliami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application for .Public Hearing before Planning Board & City Commi sion Address of Subject Property: �J S �tiV Lots) Block _ —__ -- Subdivision__ Meets & Bounds: PB - PL ICATION IS HEREBY MADE FOR THE FOLLOWING: _ _ Applicant: ecoA lie. kr(D\,)r\6 Phone: C ( Representative: 1\ ee Un T� {Organization:'s e co nA � t m p, "f\ Address: i)1 �t Phone: �Jsri�rirn _u"N9"AlL 1 Q$$RiY ft"r 11'1$PCl$ 4„ v11v1 ... .e •v... .Zoning Map Amendment Xspecial Use Property Ouvner: i 1 r M K M36 brt►l Pth�c � u� Mf tarc►i Signature: `Justifications for change Mailing Address: `57 5 p � ! Uf +.I Phone: 0.0 5 , G,t 1, � q l ArrhitPrt /Fnnmeer- Phone: _ Other (Waiver of Plat) )4_ Proof of ownership or letter from owner — Power of attorney Briefly explain application and cite specific Code AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: ,_Owner _Owner's Representative Contract to purchase y� Option to purchase .i'� Tenani/Lessee PL ICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTECt IdIA°I'ERiALS EASE CHECK THE APPROPRIATE ITEM: rP PLEASE CHECK ALL THAT APPLY: Tnv6 Amawr�mnrLO is i'rll'' 14111 J -LR i4Uf I 1414 S'J "Idl �Jsri�rirn _u"N9"AlL Q$$RiY ft"r 11'1$PCl$ 4„ v11v1 ... .e •v... .Zoning Map Amendment Xspecial Use `Justifications for change PUD Approval Special Exception Statement of hardship PUD Major Change _ Other (Waiver of Plat) )4_ Proof of ownership or letter from owner — Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase X Current survey (1 original sealed and t� sewq u _� U GC nG� I signed/1 reduced copy @ 11" x 1?' ") __- _ 15 pies of Site Plan and Floor Plans _ i ! F636 ", 1 reduced copy @ 11" x 17" Affidavit- Receipts attesting to mail -- — — notices sent Section: Subsection: Page #: Amended Date: labels map (3 sets) and Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and =m7nature ant's knowledge and belief. Print Name Date Upon receipt, applic ations and all submitted materials will be reviewed for compliance with the .Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed_ Petition Required ^ Method of Payment Date of PB Nearing - -_ Petition, Accepted^ ._ Date of Commission Z: \Fonris\Current Planning Department Forms \.planning Department Forms\Plarnaing Board \PB - Special Use Application - Revised 5- 3- 2012.doe 9, G. 001.0000,341,3000 ERPB HEARING FEES Environmental Review and Preservation Board (TOTAL) Applications for new construction in the RS and RT zoning districts Single dwelling unit ($750) All other applications for: New construction ($900); Renovation ($450); Signs ($225 for first sign, $50 for each additional sign); Revisions, fences, walls, etc. ($225) For each additional appearance before the Board ($150) Appeal E.RPB decision ($100) VARIANCE, FIRST REQUEST 001.0000.219.1610 Advertisement and Notice Fees ... ....................... >....... ($1,500) 001.0000.341.2000 Admin Fee..........>.> ................. ... >..........................> ($19500) EACH ADDITIONAL VARIANCE REQUEST..*.......... ($19125) SPECIAL USE/ SPECIAL EXCEPTION %g-i001,0000,219,1610 Advertisement and Notice Fees .... ............................... ($1,500) -a 001.0000.341.2000 Admin Fee.>......... .. » > >..... >... >.» .............. *6666 >... *6666 >.. ($11500) 001.0000.341.2000 EACH EXTENSION REQUEST FOR VARIANCE, SPECIAL USE OR SPECIAL EXCEPTION, . a a a a a a 6 6 a a 0 0 0 0 a 0 0 0 0 0 a 0 0 a a a 0 0 6 a 0 0 4 6 90 ($500) 001.0000.219.1610 REZONING APPLICATION 10 acres or less ($6,000) More than 10 acres ($20,250) LDC TEXT AMENDMENT I (General standards, misc. provisions) 001.0000.219.1610 Advertisement and Notice fees .................. >....... >.. *666No* ($1,500) 001.0000.341.2000 Admin Fee.>.,,......,> ...............>... ................ >.............. ($19500) LDC TEXT AMENDMENT If (Change Permitted Use Schedule) 001.0000.219.1610 Advertisement and Notice Fees. ...> ............................... ($19500) 001.0000.341.2000 Admin Fee.... . >...,.. < ......goo ........<.... *6666. .......................($4,500) PUD /MAJOR CHANGE 001.0000.219.1610 Advertisement and Notice Fees.>. ........ > .................... >. ($19500) 001.0000.341.2000 Admin Fee..,.... ..... > 06600 ...0.6 660 ....60 040 906040 0.9 000 940000 ...969*($39750) PUD MINOR CHANGE 001.0000341.2000 Admin Fee ...................... ............................... *600.4.. ($1,500) X: \Forms \Receipt forms \RECEIPT FORM Part 11-4-1 l.doe Ordinance No.04 -11- 2077, adopted 1 -4 -11 White copy to Planning; Pink copy to Customer; Yellow copy to Finance t I,So� I�sc�o (TOTAL $ 39000) (TOTAL $ 3,000) (TOTAL $ 61000) (TOTAL $ 5,250) 3,01)0 SECOND TIME AROUND NO SECOND THOUGHTS May 2, 2013 To: The City of South Miami Re: Special Use Permit for Second Time Around 5770 Sunset Drive, South Miami, FL 33143 Dear Marcus Lightfoot, Please accept this application and check for the Special Use Permit, pursuant to City of South Miami statutes, of our intent to apply for a Special Use Permit for a "Used Merchandise Store" at the above mentioned address. ntly huge icment acid dcmand al ld ti is dc$l& icr i vii$ig1 111cn iildu$ti y, vur business has operated on the east coast for 40 years, and sells upscale like -new merchandise at a fraction of the retail value, with a reputation for outstanding customer service, and a knowledgeable and friendly staff. We think our store will be an exciting addition to Sunset Drive and we are committed to contributing to the street's reputation as an extremely desirable shopping destination. We currently have two other Florida locations; one in Miami Beach, and one in Fort Lauderdale. About Second Time Around; Second Time Around is a premier consignment company, offering customers and consignors the best in upscale resale. Based in Boston, Second Time Around has established a national presence with 41 stores across 12 states in some of the country's hottest style districts. Since opening its doors in 1973, the company has grown into a national brand, bringing high -end items at budget - friendly prices to closets everywhere. Each STA location takes on the personality of the neighborhood in which it resides, and promises to never be the same shopping experience twice! Should you have any further questions please let me know. Sincerely, Jeanne Stafford Director of Marketing, Second Time Around 560 Harrison Ave, Suite 501 Boston, MA 02118 jeanne @secondtimearound.net www.secondtimearound.net 41; May 6, 2013 SECOND TIME AROUND NO S E C O N D THOUGHTS To: Property Owners in the City of South Miami Re: Special Use Permit for Second Time Around 5770 Sunset Drive, South Miami, FL 33143 To Whom it May Concern, Rn Please accept this letter of intent from Second Time Around, pursuant to City of South Miami statutes, of our intent to apply for a Special Use Permit for a "Used Merchandise Store" at the above mentioned address. There is currently huge excitement and demand around the designer consignment industry. Our business has operated on the east coast for 40 years, and sells upscale like -new merchandise at a fraction of the retail value, with a reputation for outstanding customer service, and a knowledgeable and friendly staff. We think our store will be an exciting addition to Sunset Drive and we are committed to contributing to the street's reputation as an extremely desirable shopping destination. We currently have two other Florida locations; one in Miami Beach, and one in Fort Lauderdale. About Second Time Around: Second Time Around is a premier consignment company, offering customers and consignors the best in upscale resale. Based in Boston, Second Time Around has established a national presence with 41 stores across 12 states in some of the country's hottest style districts. Since opening its doors in 1973, the company has grown into a national brand, bringing high -end items at budget - friendly prices to closets everywhere. Each STA location takes on the personality of the neighborhood in which it resides, and promises to never be the same shopping experience twice! Should you have any further questions please let me know. Sincerely, Jeanne Stafford Director of Marketing, Second Time Around 560 Harrison Ave, Suite 501 Boston, MA 02118 jeanne @secondtimearound.net www.secondtimearound.net SECOND TIME AROUND NO SECOND THOUGHTS City of South Miami Planning and Zoning Department City Hall, 6130 Sunset Drive South Miami, FL 33143 May 7, 2013 To Whom It May Concern: This letter serves to confirm that I, Jeanne Stafford, Marketing Director for Second Time Around, attest that notice of the proposed application was given to all property owners within the noted 500 foot radius by regular US Mail. Notice was given to all abutting or contiguous property owners via certified mail. Please see enclosed certified mail receipts. Jeanne N. Stafford Director of Marketing Second Time Around 560 Harrison Ave, Suite 501 Boston, MA 02118 Office: 617.247.0123 x303 Cell: 617.335.7946 www.secondtimearound.net COMMONWEALTH OF MASSACHUSETTS SUFFOLK COUNTY ss. On this 7th day of May, 2013, before me the undersigned authority, personally appeared Jeanne Stafford, proved to me through evidence of identity, to wit: personal knowledge, to be the signer(s) of the attached document, and who swore or affirmed to me that the contents of said document are truthful and accurate, to the best of her knowledge and belief. rr 6 Alysonj. Walsh Notary Public My commission expires: 04/30/2015 560 HARRISON AVE -- SMITE 501 a BOSTON, MA 02118 61 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - JUNE 189 2013 in the XXXX Court, was published in said newspaper in the issues of 06/07/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, reb , ommis 'on or refund for the purpose of sec�adtiertisement or publication in the said and subscribed before me this 07 day of JUNE , A.D. 2013 (SEAL) MARIA MESA personally known to me Notary Public State of Florida Cheryl H Marmer My Commission EE 189528 ofts�" Expires 07/18/2016 z r, YCV .. 1 r { t 9 i• ��ar a 3< gar � � �"�� .. .. .dam � .a.✓ ✓---• d ^s F +}b 9'm; qY t y 3 h .. 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