Res No 036-12-13593RESOLUTION NO.: 36-12-13593
A Resolution encouraging the State of Florida's Department of Transportation (FDOT)
to consider a design exception or alternatives to preclude the removal of on- street
parking along Red Road adjacent to the property located at 4000 -4020 SW 57th
Avenue.
WHEREAS, the current FDOT proposed modifications include travel lane widths reductions and
installing bike lanes along Red Road. Parts of the travel lane modifications include the removal of two (2)
parallel, on- street parking spaces in front of the above - mentioned property.
WHEREAS, on January 11, 2012, legal representatives for the above - referenced property
corresponded with City representatives emphasizing that the area is part of an urbanized commercial corridor
and is dependent on parking spaces to meet customer demand. Removal of these spaces for customers visiting
the property will impact the property owner and prevent them from providing sufficient visitor parking for the
tenants that operate from the property.
WHEREAS, resolution #68 -01- 11216, passed and adopted on May 15, 2011, approved a restaurant
at the south end of the property at 4016 -2020 Red Road and is also dependent on the affected parking spaces
for their daily business dealings.
WHEREAS, petitions were received from tenants and visitors of the property urging City
representatives to engage and discuss with FDOT to request alternatives in their design to preclude the
removal of the parking spaces adjacent to the aforementioned property.
WHEREAS, the Mayor and City Commission of the City of South Miami, Florida support the
property owners request that the State of Florida's Department of Transportation consider a design exception or
alternatives to preclude the removal of on- street parking along Red Road adjacent to the property located at
4000 -4020 SW 57th Avenue.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission of the City of South Miami, Florida request and
encourage the State of Florida's Department of Transportation (FDOT) to consider a design exception or
alternatives to preclude the removal of on- street parking along Red Road adjacent to the property located at
4000 -4020 SW 57th Avenue.
Section 2: This resolution shall become effective immediately upon adoption by vote of the City
Commission.
PASSED AND ADOPTED this 21 qt- day of FPhrnary , 2012
ATTEST: APPROVED:
OTY CLERK MAYOR
r�
READ OVED AS TO RM COMMISSION VOTE: 5 -0
L t�G LE LITY AND C N Mayor Stoddard: Yea
HE;;aEOF Vice Mayor Liebman: Yea
[ Commissioner Newman: Yea
Commissioner Harris: Yea
CITY O Y Commissioner Welsh: Yea
To:
Via:
From:
Date:
South Miami
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a CITY OF SOUTH MIAMIa�cmei�
OFFICE OF THE CITY MANAGER
�c'nx[10 INTER- OFFICE MEMORANDUM
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The Honorable Mayor and Members of the R'y Commission
Hector Mirabile, Ph. D, City Manager 1
Keith A, Ng, CFM, Operations Man ger _
Public Works & Engineering and Construction 4vislon
January 25, 2012
Agenda Item No.: IT
Subject: Proposed Florida's Department of Transportation (FDOT) design modifications along
Red Road/ SW 57th Avenue calls for the removal of two (2) parallel, on- street parking
spaces in front of the "Delicias de Espaha" restaurant. By way of this resolution, the
City is requesting FDOT to keep the existing parking spaces for the use of adjacent
City of South Miami business patrons, so as not to harm the businesses.
Resolution: A resolution by the Mayor and City Commission of the City of South Miami, Florida,
encouraging FDOT to consider a design exception or alternatives to preclude the
removal of on- street parking along Red Road adjacent to the property located at 4000-
4020 SW 57th Avenue.
Background: Road improvements for Red Road' are initiated by FDOT. Under the current plan, the
proposed modifications include travel lane widths reductions and installing bike lanes
along Red Road. Parts of the travel lane modifications include the removal of two (2)
parallel, on- street parking spaces in front of the above - mentioned property. On January
11, 2012, legal representatives for the above - referenced property corresponded with
the City Mayor emphasizing that the area is part of an urbanized commercial corridor
and is dependent on parking spaces to meet customer demand. Resolution #68 -01-
11216, passed and adopted on May 15, 2011, approved a restaurant at the south end
of the property at 4016 -2020 Red Road and is also dependent on the affected parking
spaces for their daily business dealings.
Reason /Need: Removal of these spaces for customers visiting the property will impact the property
owner to provide sufficient visitor parking for the tenants that operate from the property.
Petitions were received from tenants and visitors of the property urging City
representatives to engage with FDOT to request alternatives in their deslgn to preclude
the removal of the parking spaces adjacent to the aforementioned property,
Cost: Not applicable. The project is managed and funded by FDOT.
Funding Source: Not applicable
Backup Documentation:
❑ Proposed Resolution
❑ Letter from Bilzin Sumberg — Attorneys at Law
❑ Aerial Photo
❑ Resolution # 68 -01 -11216
ATT0%NEY} AT L Avlr
Jerry B, Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor @bilzin.com
January 11, 2012
The Honorable Philip K. Stoddard, Pd.D., Mayor
City of South Miami
City Hall
6130 Sunset Drive
South Miami, Florida 33143
RE: Proposed FDOT Modifications Adjacent to "Allen Drugs" Property —
4000 -4020 S.W. 57 Avenue, City of South Miami
Dear Mayor Stoddard:
Our' firm represents Matthews - Jacobs Investments ("Owner"), property owner of
approximately, .45 acres of land located on the west side of S.W. 57 Avenue ( "Red Road "),
between S.W. 40 Street ( "Bird Road ") and S.W. 41 Street, in the City of South Miami (the
"Property "). The Property includes the "Allen Drugs" facility, as well as other retail uses, and
includes approximately 15,100 square feet of commercial floor afea.
Improvement plans for Red Road from the State of Florida Department of Transportation
( "FDOT ") will be introduced to the City of South Miami, as well as to the City of Coral Gables,
in upcoming weeks. The proposed modifications consist primarily .of modifying travel lane
widths on Red Road and installing bike lanes along Red Road. FDOT representatives have
already met with the City's Green Task Force regarding these plans.
Enclosed please find initial plans for the area adjacent to the Property. Due to "site
distance" considerations, FDOT tentatively plans to remove two (2) parallel, on- street parking
spaces located along Red Road, just north of S.W. 41 Street. There are currently seven (7) on-
street parking spaces in this area. As you know, this particular area is part of an urbanized
commercial corridor, dependent upon public parking spaces to meet customer demands and
maintain the existing buildings. There is some on- street parking to the west along SW 41 Street
in this area, in addition to the seven spaces along Red Road.
Removal of almost one -third of the on- street parking available for customers visiting the
Property would significantly impair the ability of the owner to provide sufficient visitor parking
for the tenants which operate from the Pfoperty. The owner has accumulated the attached
petitions from tenants and visitors to the Property, as well as tenants and 'visitors of the adjacent
commercial properties to the west, which also run from Bird Road to S.W, 41 Street. Many of
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
MIAMI 2870557,1 7319013706
1450 Brickelt Avenue, Suite 2300, Miami, FL 33131 -3456 Tel 305.374.7580 Fax 305.374.7593 r v iz:^ c.:)-
The Honorable Philip K. Stoddard, Mayor
City of South Miami
January 11, 2012
Page 2
the petitioners reside in the City, or in the adjacent residential area in the City of Coral Gables,
across Red Road to the east. In addition, I have attached a copy of City of South Miami
Resolution #68 -01- 11216, passed and adopted by the Mayor and City Commission on May 1.5,
2001 (the "2001 Resolution"). The 2001 Resolution approved a restaurant at the southern end of
the Property, at 4016 — 4020 Red Road. The restaurant still operates at the southern end of the
Property, directly adjacent to the two on- street spaces that would be removed by FDOT.
In your consideration of this issue, I believe that it is important that the seven on- street
parking spaces on Red Road were an important part of the analysis in the deliberations that led to
the 2001 Resolution. Additional on- street parking was created on S.W. 41 Street to address the
parking needs in the area with substantial funds (over $25,000) proffered by the Owner to the
City to accomplish this objective. Preservation of the "status quo" is important to address the
letter and spirit of the parking considerations a decade ago, to give the Owner and tenants
comfort going forward,
Please accept this request to take this matter under consideration and consider the
adoption of legislation at a regularly scheduled City Commission hearing that would encourage
FDOT to consider design exceptions, or other avenues that might preclude the removal of on-
street parking on Red Road adjacent to the Property.
Lastly, our client resides in Arizona and requires reasonable notice to attend any public
hearings affecting this Property. I would appreciate it if you, or your City's staff, could
coordinate any legislative action with me for scheduling purposes.
Thank you for your consideration.
Sincerely,
;lerxy B. Proctor
CC (With Enclosures);
Honorable Valerie Newman, Vice Mayor, City of South Miami
Honorable Brian D. Beasley, City Commissioner, City of South Miami
Honorable Velma Palmer, City Commissioner, City of South Miami
Honorable Walter A. Harris, City Commission_ r, City of South Miami
Hector Mirabile, Ph.D., City Manager, City of South Miami
Keith Ng, Public Works Project Manager, City of South Miami
Jefrey Matthews
Tere Garcia, Bermello Ajamil & Partners, FDOT Consultant
Ana Arvelo, Florida Department of Transportation
Favio Laverde, Corradino & Associates
MIAMI 287055 7.1 7319013706
f;' '; BILZIN SUMBERG BAENA PRICE & AXELROD LLP
RESOLUTION 1x10. 6E -01 -11216
A RESOLUTION OF THE MAYOR AND CITY ' COMMISSION OF THE CITY OF
SOUTH.. MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
APPROVAL TO LOCATE A GENERAL RES'T'AURANT "DELICIAS de ESPAfA" IN
TIKE "GR ", GENERAL RETAIL ZONING DISTRICT SPECIFICALLY LOCATED AT
401.6 AND 4020 SW 57th AVENUE.
r
WHEREAS, Ernesto Lierandi on behalf of "Delicias de Espafia has submitted an application for a
special use to allow a general restaurant to be located in the "OR" General Retail District Zoning District
specifically at 4016 and 4020 SW 57'h Avenue; and.
WHEREAS, a general restaurant is allowed as a special use in the "GR" General Retail District
Zoning District subject to meeting certain conditions specified in Land Development Code Section 20-
3.4(B)(4)(b);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, the Planning Department staff has recommended approval of the special use request
subject to certain conditions; and
WHEREAS, on April 24, 2001 the Planning Board, after public hearing, voted (4 -3) to
recommend denial of the special use request; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recommendation of the Planning Department staff, as specified below.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR-AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That an application for special use to allow a general restaurant to be located in the
"OR" General Retail District Zoning District specifically at 401.6 and 4020 SW 570' Avenue; is hereby
approved subject to the following conditions:
1) That the establishment be given a conditional Occupancy License, until the parking
agreement is paid off in full. The Occupational. License shall be revocable in the event
that the parking agreement is not paid in full.
Page 2 of Res. No. 68 -01 -11216
Se tion a-. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 15, day of May, 2001,
ATTEST:
77: Y CLERK
READ AND APPROVED AS TO FORM:
APPROVED:
1TA-Y— 6R-
Commission-
Vote:
Mayor Robaina:
Vice Mayor Feliu
Commissioner Bethel:
Commissioner Russell
Commissioner Wiscombe:
4 -a.
Yea
Yea
Yea.
Yea
Not present