Res No 078-12-13635RESOLUTION NO. 78 -12 -13635
A Resolution relating to a request pursuant to Section 20- 3.4(B)(4)(b) of the
Land Development Code for Special Use Approval to locate a general
restaurant at 6208 S. Dixie Highway within the General Retail "GR" zoning
district.
WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, 6208 S. Dixie, LLC submitted to the Planning Board Application No. PB -12 -004
requesting a Special Use Approval to operate a general restaurant to be located within a shopping
center on at 6208 South Dixie Highway, within the General Retail "GR" zoning district; and
WHEREAS, a general restaurant is permitted as a special use in within the General
Retail "GR" 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)(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, at its February 28, 2012 meeting the Planning Board, after public hearing,
adopted a motion recommending approval of the special use restaurant request with the condition
that the business close at 11 PM and the back door is to be used by employees only, not as ingress
and egress for customers.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section l: Special Use Application (PB -12 -004) submitted by applicant 6208 S. Dixie,
LLC for approval to operate a general restaurant to be located operate a general restaurant to be
located within a shopping center on at 6208 South Dixie Highway, within the General Retail
"GR" zoning district is hereby denied, and if approved it shall be conditioned on the following
conditions:
(1) The business shall be closed at p.m.
(2) The use of the back door shall be limited to employees only and ingress and egress from
the back door by customers shall be prohibited, other than for an emergency exit if
required.
(3) The business shall adhere to the Special Conditions applicable in Section 20-
3.4(B)(4)(b)General Restaurant and Section 20 -5.8 Special Use Approval of the Land
Development Code.
(4) A separate application for outdoor dining is required as per Section 20- 3.3(E)(2) Outdoor
Seating / Dining for all commercial Properties, of the Land Development Code.
Res. No. 78 -12 -13635
(5) If the subject general restaurant is determined by the Planning and Zoning Director in the
future, to be adversely affecting the health or safety of persons residing or working in the
vicinity of the proposed use, or to be detrimental to the public welfare or property or
improvements in the neighborhood, or not be in compliance with other applicable Code
provisions, the special use approval may be modified or revoked by the City Commission
upon notification and a public hearing.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 17th, day of April , 20121
ATTEST:
CITY CLERK
X
APPROVED:
7
MA VOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
4 -1
Yea
Nay
Yea
Yea
Yea
To
Via.
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
__
The Honorable Mayor Stoddard and Members of the City Commission
Hector Mirabile, Ph.D., City Mana er
From. Christopher Brimo, AICP -
Planning Director
Date: April 3, 2012
Location: 6208 S. Dixie Highway
A Resolution relating to a request pursuant to Section 20- 3.4(13)(4)(b) of the Laud
Development Code - for Special Use Approval to locate a general restaurant at 6208
S. Dixie Highway within the .Genera.l Retail "GR" zoning district•, and providing an
effective date.
Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant
is requesting Special Use Approval to operate a new general restaurant at the above
referdnced location. 'The location of the restaurant will be in the northeast portion of the
shopping center adjacent to the PETCO. The restaurant is located in the "GR" General
Retail zoning district which allows restaurants if approved through the special use
process. The LDC provides that special' uses must be approved by the City' Commission
after a public hearing and receipt of a recommendation from the Planning Board.
STAFF ANALYSIS
The proposed restaurant to be called Hole in the Wall Grill and will occupy 2, 080 square
feet, and will be located at the northeast section of the shopping center, adjacent to the
PETCO on SW 62 Avenue and US 1. This will be the third restaurant in this shopping
center and will face the parking lot and US1. Pursuant to section 20- 3.4(13)(4)(d)
RESTAURANT, DENSITY
Respective restaurant sites shall not be allowed to occupy more than the following
percentage of the allowable first, floor building area of any of the following zoning
districts:
NR 5% Z 10% GR 25% SR 25%
With the addition of this restaurant use, the total density of restaurants at this shopping
center will be approximately 14 % that is below the maximum 25 % allowed within the
GR zoning district.
The proposed restaurant will occupy 2,080 square feet and the required parking spaces
for the restaurant will be 21 spaces (1 space per 100 sq. ft.). With the proposed addition
of this use, a minimum of 275 parking spaces are required at the shopping center. At
present the one story shopping center provides a total of 288 parking spaces, which
would leave a< surplus of 13 parking spaces.
This item went before the Planning Board on February 28, 2012. There residents along
SW 78th Street and behind the shopping center voiced their concerns and submitted'
petitions in opposition of the* approval of the restaurant at this location. After a, public
hearing and public comments, the Board made a motion to approve that failed by a vote
of 3 ayes, and 3 nays. A second motion was made that included a stipulation that. the
business close at 11PM* the motion was approved by a vote of 4 ayes; 2 nays.,
Existing Business Parking Space Analysis
Sank- Atiantic
Petco
Sunrise Liquors
Uniform Advantage
Kyojin Japanese
Classic Barber Shop
The Shining House
Cookies by Design
Cafe Bonjour
Sherwin - Williams
Utrecht
Edwin Watts Golf
Banking Institution
2,800:
Pet Sales `
22;418'
Liquor Store
21080'
1/300
7
Clothing Store
21750;
General. Restaurant
5,388
Beauty /Barbershop
585
Laundromat
928
Bakery
1,188
General' Restaurant
11155>
Paint Store!
30182.
Office Supplies Store.
20'
Sporting Goods Store
51208:.
Total .Parking;Avai lab le+: 288
Total Parking. Required: 261
Surplus Parking Available* 27
1/300
10
1/300
75'
1/300
7
1/300
10
1/100
54
1/300'
2
1/300
4
1/300'
4.
1/100
12
1/300
11'
1/300.
20'
1/300
18>
Total• 63,604 - 251
Total Restaurant Density Allowed in GR (25%j
Square Footage of Restaurants:
kxisting Restaurant Density:
Includes a total of 12 handicap parking spaces 6 in front parking lot, and 6 in rear parking lot.
M1'
15,901
6,543
10
f
e.
Bank Atlantic
Petco
Hole in the Wall
Uniform Advantage
Kyojin Japanese
Classic Barber Shop
The Shining House'
Cookies by Design
Cafe Bonjour
Sherwin - Williams
Utrecht
Edwin Watts Golf
Proposed Business Parking Space. Analysis
Banking Institution
Pet Sales
General Restaurant.
Clothing Store
General Restaurant'
Beauty /Barbershop
-t Laundromat
Bakery
General Restaurant
Paint Store
Office Supplies Store
Sporting Goods Store
2,800
22,418
2,080
2,750
5,388
585
928
1,188
1,155
3,182
5,922
5,208
1/300
1/300
1/100
1/300
1/100
1/300
1/300
x:/300
1/100
1/300
1/300
'1/300
Min.
10
75
21
10
54
2
4
4
12
11
20
18
rdl Lx t.]Ly JVV u-r.
Total: 6304 275
Total Parking Avallable *:. 288 Total Restaurant Density; Allowed In GR (25 %) 15,901
Total Parking Required: 275 Square Footage of Restaurants: 8,623'
Surplus Parking.Available: 13 Proposed Restaurant Density: 14%
Includes a tots of '12 handicap parking spaces 4 In front parking lot, and 6 in rear parking lot.
QJL X' %. JLjM1.A. 4kXI'I"A A 1VL1N {3JL A AJA I..+LILLAJ.:
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(8) 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
Staff recommends approval of this special use request for a general; restaurant,
Attachments:
Application/Payment
Location Map,
Letter of Intent
Planning Board Minutes
Resident Petitions
ZAComm Items\2012\4.342 \6208 S Diane Hwy_Special Use Restaurant\Special Use Restaurant 6248 S Dixie CM Report44
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0
Jerry Proctor 1450 Brackell Avenue Support
Mr. Proctor stated that he is pleased to be representing the proposed proprietor of the restaurant
that will be located at 6208 S. Dixie Hwy. He then stated that this is a special use that is marked
for a restaurant on a map that he has provided to the Board. He also stated that this is one of the
largest shopping centers in South Miami it is ''over 5 acres and has over seventy4housand square
Feet of floor area. Mr. Proctor stated we think that it is ideal for a restaurant because the is
plenty of parking, the access off of the main thoroughfares of 62nd and USl, its well spaced in
terms of the residential area one hundred eighty feet from the closest residential property to the
south of the establishment. Mr. Proctor stated that there is a loading area to the. back of the
building with four tiers of parking and some landscaping is there as well. He then stated that this
because of some of the other uses in the plaza abutting the property is the furthest away from the
residential area , it is internal to the center and well away from the residential area. He also stated
that this establishment will occupy two thousand and eighty square feet and it will have a seating
arrangement sixty-four seats,
NAME ADDRESS' SUPPORT/OPPOSE
Craig Erickson- 14500 SW 79t" Avenue Support
Mr. Erickson' is the owner of the Hole in the Wall Grill. He stated that he and Sam Detrick are
partners in another joint venture already established in the Palmetto Bay area., He then, stated that
they feel that this location is ideal for a restaurant. He stated that the concept that they have is to
have a people friendly atmosphere where people can engage with one another and have a good
time, they often meet and run into each other again on a return trip to the restaurant. He also
stated `that tht~y plan to.employ twenty full -tame positions for this establishment.;
Sam Detrick 5600 SW 151 Street Support
Sam was apart of the management team at Keg South on 104 St. and South Dixie Hwy for over
twenty -years and he approached Mr, Erickson regarding. capital to start his own business..
Mr. Dundorf asked about the setbacks or offsets being compatible to a residential area. Mr.
Proctor responded that the Land Development Code (LDC) talks about 'being compatible to the
area, the layout is there already it is being inherited. Mr. Dundorf stated that as he recalls that
everything opens to the front so there should not even be an issue, is there a rear entrance. Mr.
Erickson responded yes there is a back door and if staff elects to park in the rear, then that rear
entrance will be used.
Mrs. Beckman asked the applicant about the hours of operation. Mr. Proctor responded that they
will open at eleven am for lunch until about midnight approximately on the weekends and a little
earlier' during the week'. Mr. Erickson stated that they have .a sports theme; Monday night;
football sometimes runs later midnight and on the weekends its rather hard to determine it
usually depends on the crowd but whatever the could 'will allow that's what they will do.
Mrs. Beckman stated that the noise ordinance stops at eleven pm. Mr. Detrick stated that there
will be no exterior noise it is a contained ....if the door opens then ,l guess you could hear people
from inside there is no music outside. Mr. Erickson stated that if it is 11 pm then that's what they
will follow.
Mr. Dundorf asked about limits on hours of operation. Mr. Brimo responded that typicallyit is
set by what the county allows for service the applicant indicated that they might go to tam in the
ZAComm ItemsN2012\4 -3 -12 \6208 S Dixie Hwy_Special Use Restaurant \PB Meeting Minutes - 02- 28.12- Excerpt{kgoVo ' 7
document, if the Board chooses to place conditions that this establishment closes earlier than
tam on the recommendation for approval to the City Commission, Mr. Dundorf then asked if
2am is the limit of the county. Mr. Brimo responded that he does not know the county limit but it
is based on alcohol service and the City of South Miami has noise ordinances at 1 1pm; however
there is, nothing in the LDC that dictates closing times for restaurants. Mr. Dundorf asked the
applicant the county limit'. Mr. `Detrick stated the limit at the other location is tam and he
believes that this is the standard time of closing for the county.
Mrs. Xanoshfk asked if the owner of the plaza have any parking leases that have been executed
because occasionally I would see people park their cars in the back and then walk over to a
residential office across the street.
NAME ADDRESS SUPPORT /OPPOSE'
Lindsey Panky 4770 Biscayne Blvd.
Mr. Panky is the leasing agent hired by Kimco'and he stated that there are no leases in place for
parking, and if people. that are parking there are doing so illegally. Mrs. Beckman asked staff if
we counted all the parking spaces in the front and rear of the property, also the alcohol, license is
it a special license that they have to get and is it finite for who can get alcohol licenses. Mr;
Brimo responded that liquor licenses are governed by our code of ordinances and not by the
LDC. He then stated that there are very specific requirements restaurants that front ITS 2 and Bird
Road specifically are not subject to the five hundred foot distance requirement from residential:
Mr. Dundorf asked the applicant about his findings of the change in clientele changing. from
dinnertime to midnight. Mr. Detrick responded that it caters to the neighborhood crowd, he
sponsors two different softball teams, there are other sports such as basketball leagues, tennis. and
when they finish playing they come at after 9pm to eat and watch games broadcast on the TV.
Dr. Philips asked about the amount of grease cooking that will be done and how will this affect'
the community in terms of smell. Mr. 'Detrick responded' that their current' establishment is
situated is on a breezeway and the wind funnels the smoke back into the building, no registered
complaints although neighbors have commented saying that the smell the food and they came
over to eat. Dr. Philips stated that there is a garbage disposal that has already been setup and that
it its available for their use. Mr. Detrick responded yes, that is what they understand: Mr.
Erickson stated that the shopping center has a trash program; and they have already allowed them
the eight yard container that Kyojin uses there' is a grease disposal in that landscaped area and
restaurants get a small paycheck for their used grease. Mn Dundorf stated the concern of hiring
employees that reside in the City of South Miami. Mr. Detrick then responded that it makes more
sense to hire people from the neighborhood because they are on time to work and they would be
able to get home safely from work:
The Chairman opened the Public Hearing.
NAME'
Bruce Bailey
ADDRESS
6202 S Dixie Hwy
SUPPORTIOPPOSE
Opposed
Mr. Bailey stated that he has been a resident in South Miami since 1968 and he owns a house one
block away, just five hundred feet away from the proposed property. He then stated that there
was a restaurant " Cami's" that was in this plaza some years ago and there was a fry situation
Z; \Comm Items\2012 \4 -3 -12 \62085 Dixie Nwy_Special Use Restaurant\PB Meeting Minutes - 02- 28- 12- Excerptpag984 dof
and maintenance issues with people bringing in pressure cleaning equipment to clean to top of
the tops of the restaurant outside in the parking lot behind there. He also stated that the distance
is fifteen feet from the residential area not one hundred and eighty feet. He then stated that he
can look in the back door of the restaurant from his bedroom window and he feels that if this is a
family restaurant then there is no need for it to be open past l Opm and no >need' for a liquor
license. He stated a;problem with the fact that;even if the patrons are not using the back door the
employees are and they are outside cleaning cans, and other equipment: He also stated that this
afternoon he walked over behind' Kyojin the Japanese Restaurant and there was about two inches
of grease found on the pavement out there where they clean at night and it smells. He later stated
no audible music, no parking or employees in the rear of the establishment after 1 1pm.
NAME
Katrina Burkhart
ADDRESS
7730 SW 62nd Avenue
Ms. Burkhardt stated that she is here representing .84 resi
they are not interested in having an establishment with a.
then stated that this establishment should in no way infra
smell of barbecue 365 days a year, the noise that wot
drinking and loitering in the neighborhood, increased
intoxicated people leads to vandalism, noise and crime, th
Ms. Burkhardt also stated'. that she would like to see the
Miami however. in 'a different location like on
people that have signed affidavits of low the
establishments that have late night closings. '
ents with a signed petition stating that
am closing in their neighborhood'. She
age upon their quality of life with the
d be generated from people that are
numbers of drinking, loitering; and.
does not help our property values,
Flole m the Wall Grill come to South
Commerce Lane. She stated that she also has 17
it lives have been negatively impacted by local
Mr. IDundorf asked about the 84 residents that have sil
Burkhardt presented a map to the Board indicating whf
to the east and south of the proposed establishment. .
residents have objections if the establishment ,closed e
did not ask those questions_ and feel that these types of
location downtown.
NAME
Shirley Hubner
ped the petition where dor they Iive. Ms*
re the residents live, which is two blocks
to then asked Ms. Burkhardt would; the
ADDRESS
7500 SW 59 Place:
a centralized
SUPPORT /OPPOSE
Opposed'
Ms. Hubner stated that she has experienced problem -with late night drinking and loitering from
Fox's. She also stated tha tr she disagrees about the parking in the plaza being minimal, she
frequently goes to Sherwin Williams during lunch time and there is no parking. She then stated
that she does not feel that this is a family style restaurant. She r represents the organization GFLP
of 104 residents that will be impacted by this establishment' being approved:
NAME
Linda Reynolds
ADDRESS.
6221 SW 78 Street
SUPPORTIOPPOSE
Opposed
She stated that Tri -City Electric is leasing at least twelve parking spaces, from Kinaco in the rear
parking lot behind the proposed establishment. She also stated that she has issue with the owners
regarding the pick -up of garbage from the dumpsters behind the plaza; the noise is affecting the
residents' quality of life.
NAME ADDRESS SUPPORTIOPPOSE
Z;\Comno Items\2012\4 -3 -]2 \6208 S Dixie Hwy_Special Use,RestaurantTB Meeting Minutes 02- 28- 12- Excerptp 904VOf
e
Sharon McCain
Opposed
Ms. McCain stated that she does not believe that this is the right location for this establishment.
She then stated that this application should be denied because for these reasons this is one of the
closest restaurants to a neighborhood that she has seen in South Miami and the distance from the
establishment to the residential area is less than one hundred and eighty feet. .She also stated that
the parking lot is filled during the week due to Kyojin patrons and on the weekend because of the
patrons of PETCO. She stated that she has a problem with the noise ordinance not being a part of
the backup. She then stated that she did not like the response of time will tell from the owners
regarding the rear entrance of the establishment, it doesn't sit well with her. She also stated she
would like to see this restaurant come to South. Miami however in a different location like
downtown; she feels that it is 'a restaurant that people can afford these days.
NAME ADDRESS SUPPORTlOPPOSK
Fiona elligau 7720 SW 62
K .Avenue Opposed''
Ms. Kelligan stated that she and her boyfriend are writers and they are
environment. She then stated that she was appalled to hear that there was t
as well as live bands'which she had not known; about. She also stated that th
restaurant Cheerful Chuckle Chips they are calling it the Hole in the Wall {
a lot, I hope that you will deny it;
NAME, ADDRESS
Juan Comendeiro 8450 SW 59 "' Avenue
Mr. Comendeiro stated that he sympathizes with all the nei�
it was their choice to buy there nobody forced. them they i
decision that they made. He then stated that the Board is re
is
He aske
3 legal. He also stated that all these people are try:
d by the LDC and they are following all the
.es with the residents because he goes through tl
> he knows the frustration that is felt by the reside
the Board if the petition is presented without cert:
SUPPORT/OPPOSE'
Support
fors that live behind this mall; but
w the mall was there that was the
nsible for making decisions based
D do is bring a restaurant here that
dations. He stated again that he
tress of calling code enforcement
proof is it admissible.
Mr. Pepe responded that it is his opportunity to make a statement and if the Board wants to ask
him a question they can., Dr. Whitman asked Mr. Pepe about the, 1petition process of bringing in
other peoples: testimony if they are not present. Mr. Pepe responded that it is hearsay and it is
admissible in a lot of .these proceedings; if the Board was making a decision you could still take
into consideration as long as it is not the primary base for the decision. Dr. Whitman asked if this
was a quasi judicial hearing. Mr. Pepe responded no that it is not. Mr.. Dundorf asked for the
petition to be passed around for the Board members to see it,
NAME
Jerry Proctor
ADDRESS
1450 Brickell Avenue
SUPPORT /OPPOSE
Support
Mr. Proctor stated that the property is one of the largest commercial properties on USl, plentiful
parking and there are numerous access points to this plaza. He then stated that this location is
ideal for a small restaurant. He also stated that the use is strictly regulated by the city and the
county; he feels that this restaurant easily complies with those regulations.
Z 1Comm ltems\2012 \4 -3-12 \6208 S Dixie Nwy_Special Use Restaurant\PB Meeting Minutes 02- 28- 12- ExcerptpaoVa 7
Dr. Whitman stated will this restaurant have a full liquor license or will it only be beer and wine.
Mr, . Erickson responded that there will, only be beer and wine, Dr. Whitman then asked what.
time does Kyojin ,close in the evenings, Mr. Erickson responded, that he does not know the
answer to that, Dr. Whitman also asked there will be any live music. The applicant responded
that they are not permitted to have live music. Mr. Vitalini asked the applicant about their
disposal of trash at closing. Mn Detrick responded that they sweep up and take the trash out to
the dumpsters
The Chairman, Closed the Public Hearing.
Mr. Dundorf asked Mr. Pepe about what we can and can't consider being compatible with the
neighborhood', Mr. Pepe responded that there is no set rule as to what is compatible in the
neighborhood, its common sense:
Motion: Mr. Dundorf made a motion to deny the proposal due to the residents' response. This
motionwas seconded by Mrs, Beckman.
Mrs. Beckman stated that our standard is that we evaluate for the
neighborhood; she then stated that the clincher is the noise that is hear(
does travel, She also stated that she likes the restaurant however feels
right.
Dr. Whitman stated that several residents commented on the late closing
non starter; I would hope that we entertain an earlier closing time
compatibility with, the
at night because noise
that the location is not
time of tam which is a
Dr. Philips stated that she likes the idea of passing the proposal with the earlier closing time of
1 1pm.
Mr. Vitalize stated that he also is in favor of the earlier closing time and set limitations on the use
of the back door:
Mrs, Yanoshik stated that the earlier closing time is favorable and likes the idea of a
compromise.
Vote *, Approved: 3 Opposed: 3
Mrs. Beckman: Yes
Mr. Whitman: No
Mr. Dundorf Yes
Mr, Vitalmi Yes
Mrs. Yanoshik: No
Dr. Philips: No
This motion failed due to a tie vote,
Motion: Dr. Philips motioned to approve with conditions that the closing time is I Iprmand the
back door is to be used by employees only, not as an ingress and egress. This motion was
seconded by Dr. Whitman,
ZAComm Items\201214 -3- 1;216208 S Dixie HwyTSpecial Use Restaurant\PB Meeting Minutes - 02- 28- 12- ExcerptPROVO f 7
Vote' Avvroved, 0 4 Oolloseda 2
Mrs. Beckman: No
Mr. Whitman: Yes
Mr. Dundorf:' No
............. .....
Mr. Vitalim Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
4'
s. - AJJFAVrasVAiiaaiiuwa.
Planning Board Minutes of January 31, 2012 . — The Board members reviewed; the minutes and
were in favor of approval of the minutes with no changes.
Motion. Mr. Dundorf motioned for approval of ',the minutes as ; presented. This motion was
seconded by Dr. Whitman.
Vote: Yes 6, No 0'
Mrs. Beckman: Yes
VI. Future Meeting Dates: Tuesday, March 13, 2012
ZAComm Items \2012 \4 -3- 121620$ S Dixie Hwy_Special Use Restaurant\PB Meeting Minutes - 02- 28- 12- ExcerPIPR 047iPjf7
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