Res No 173-11-13487RESOLUTION NO. 173-11-13487
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 5845 Sunset Drive "SR(HP -OV)" Specialty Retail (Historic
Preservation - Overlay Zone); and providing an effective date.
WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, Fresh Dash yoghurt submitted to the Planning Board Application No. PB -11 -024
requesting a Special Use Approval to operate a general restaurant to be located on the ground
floor of an existing mixed use building at 5845 Sunset Drive within the "SR(HP -OV),"
Specialty Retail Historic Preservation Overlay Zoning District; and
WHEREAS, a general restaurant is a retail use which is permitted as a special use in
within the "SR(HP -OV)," Specialty Retail Historic Preservation Overlay 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(13)(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 August 30, 2011 meeting the Planning Board, after public hearing,
failed to adopt a motion recommending approval of the special use restaurant request.
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 -11 -024) submitted by applicant Fresh Dash for
approval to operate a general restaurant to be located on the ground floor of an existing mixed
use building at 5845 Sunset Drive "SR(HP -OV)" Specialty Retail Historic Preservation - Overlay
Zoning district is hereby approved subject to the following conditions:
(1) All signage for the new establishment is subject to approval by the Historic Review
Board.
(2) Any and all exterior renovations or modifications for the new establishment is subject to
approval by the Historic Review Board.
(3) 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,
listed.
(4) A separate application for outdoor dining would be required as per Section 20- 3.3(E)(2)
Outdoor Seating / Dining for all commercial Properties, of the Land Development Code.
(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
Res. no. 173 -11 -13487
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 4th day of October2011.
ATTEST:
a�c�3,2�� `
CITY CLERK
READ AND PROVED AS
LANGUAM LEGALITY M
APPROVED:
ffo)jr� � 01
�•
Commission Vote: 5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commmissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
Z:\Comm Items\2011 \10 -4 -11 \Special Use - 5845 Sunset Drive \Special Use Restaurant Resolution-5845 Sunset-9-28-1 l.doc
2
South Miami
Aq•AmericaCAy
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER °
INTER- OFFICE MEMORANDUM 2001
To. The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager t
From: Christopher Brimo, A1CP /
Planning Director
Date: October 4, 2011 ITEM No.
Applicant: Vanessa Hawkins - Fresh Dash.
Location:, 5845 Sunset Drive
A Resolution relating to a request pursuant to Section 20- 3.4(b)(4)(b) of the Land
Development Code for Special Use AD pr oval to locate a general restaurant at 5845
Sunset Drive within the "SR(HP -OV)" Specialty Retail (Historic Preservation -
Overlay Zone); and providing an effective date.
APPLICANT'S REQUEST:
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 general restaurant at the above referenced
location. The location of the restaurant is a ground floor unit of the Sunset 58, LLC
shopping center; a designated historic structure. This business is already in operation at
this location and sells primarily frozen yogurt, but also provides pre prepared items and
salads. No cooking is done on the premises and it is currently licensed as an "ice cream
parlor".
The property is located in the "SR(HP -OV) " Specialty Retail (Historic Preservation -
Overlay) zone, 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 Plamiing Board.
The Planning Board at their August 30, 2011 regular meeting, following a public hearing
voted unanimously to recommend approval of the special use application to the City
Commission.
STAFF ANALYSIS
The applicant is requesting the special use designation as a restaurant to allow seating
within this establishment. The permitted use schedule of the Land Development Code
(LDC) permits "confectionary or ice cream parlor" within the SR zoning district.
However, this use is not specifically defined and has not historically been considered a
"restaurant" use. As such, a mechanism.to allow seating in ice cream parlors has been
dependant on individual interpretation, and somewhat inconsistent. This issue is currently
being addressed separately by an amendment to the Land Development Code.
The restaurant is called Fresh Dash and is located on the north side of Sunset Drive,
facing Sunset Drive between SW 58a' Avenue and South Dixie Highway. The restaurant
is located on the ground floor of the building as indicated in the Fig. I below. This is the
second restaurant in the building; Old Lisbon is the other restaurant currently located in
this building.
Figure I
The restaurant occupies 1,102 square feet and because it is located in a historic structure,
the use is exempt from the City's off - street parking requirements.
Section 20 -4.11 - Special provisions applicable to designated historic sites.
(B) Off Street Parking Requirements: Notwithstanding the provisions of Section 20 -4.4,
designated historic sites are exempt from all parking requirements.
SPECIAL CONDITIONS APPLICABLE:
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:
Will not adversely affect the health or safety of persons residing or working in the
vicinity of the proposed use;
Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
Complies with all other applicable Code provisions.
RECOMMENDATION
The requested special use approval for the restaurant at this location is appropriate
because of the generally low impact nature of this specific use; its compatibility with the
district and surrounding neighborhood. Staff recommends approval of the request with
the following conditions.
1. All signage for the new establishment is subject to approval by the Historic
Review Board.
2. Any and all exterior renovations or modifications for the new establishment is
subject to approval by the Historic Review Board.
3. 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, listed.
4. A separate application for outdoor dining would be required as per Section 20-
3.3(E)(2) Outdoor Seating / Dining for all commercial Properties, of the Land
Development Code.
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.
Attachments:
Draft Resolution
Planning Board Report
Application.
Location Map
Letter of Intent
Survey
Restaurant Site/Floor Plans
Draft Planning Board Minutes
Z: \Comm ltems\201 I \10 -4 -1 Mpecial Use - 5845 Sunset Drive\Special Use Restaurant-5845 Sunset Dr CM Report- 9- 28- 1 1.doc
Planning and Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
(0)305- 663- 6326(F)305 -668 -7356
September 28, 2011
Fresh Dash
Attn: Vanessa Hawkins
5845 Sunset Drive
Miami, FL 33143
South Miami
All-aa:erteaCity
2UU7
RE: Planning Board Application PB -11 -024: Special Use Approval Application
to permit General Restaurant at 5845 Sunset Drive.
Dear Ms. Hawkins:
This communication is to inform you that your application for Special Use Approval to
permit a General Restaurant at 5845 Sunset Drive is scheduled for a public hearing at
the City Commission's Tuesday, October 4, 2011 meeting, which begins at 7:30 PM,
in the City Commission Chambers, South Miami, City Hall.
Sincerely yours,
4pher C�°�Chris ri ' CP, Director
Planning and Zoning Department
MWL
Z: \Comm Items\ 2011 \10- 4- 1 1 \Speciai Use -5845 Sunset DrivMpplicant's Mail Notice PB- 11 -024.dOc
To: Honorable Chair & Date: August 30, 2011
Planning Board Members
Prom: Christopher Brimo, AICP, Director Re: Special Use Application
Planning and Zoning Department Restaurant
5845 Sunset Drive
PB -11 -024
Applicant: Vanessa Hawkins - Fresh Dash.
Location: 5845 Sunset Drive
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 Special Use
Approval to locate a general restaurant at 5845 Sunset Drive within the GOSR(HP -OV)"
Specialty Retail (Historic Preservation - Overlay Zone); and providing an effective date.
APPLICANT'S REQUEST:
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 general restaurant at the above referenced location.
The location of the restaurant is a. ground floor unit of the Sunset 58, LLC shopping center; a
designated historic structure. It is important to note that the business is already in operation at
this location, and sells primarily frozen yogurt, but also provides pre prepared items and salads.
No cooking is done on the premises and it is currently licensed as an "ice cream parlor ".
The property is located in the "SR(HP -OV)" Specialty Retail ,(Historic Preservation- Overlay)
zone, 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 reason for the applicant's request to be designated as a restaurant is to allow interior seating.
The permitted use schedule of the Land Development Code (LDC) permits "confectionary or
ice cream parlor" within the SR zoning district. However, this use is not specifically defined
and has not historically been considered a "restaurant" use. As such, a mechanism to allow
seating in ice cream parlors has been dependant on individual interpretation, and somewhat
inconsistent.
The restaurant is called Fresh Dash and is located on the north side of Sunset Drive, facing
Sunset Drive between SW 58s' Avenue and South Dixie Highway. The restaurant is located on
the ground floor of the building as indicated in the Fig. I below. This is the second restaurant in
the building.
_1.
5845 Sunset Dr. Special Use Approval
August 30, 2077
The restaurant occupies 1,102 square feet and because it is located in a historic structure, the use
is exempt from the City's off-street parking requirements.
Section 20 -4.11- Special provisions applicable to designated historic sites.
(B) Off Street Parking Requirements. Notwithstanding the provisions of Section 20 -4.4,
designated historic sites are exempt from all parking requirements.
SPECIAL CONDITIONS APPLICABLE:
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 requested special use approval for the restaurant at this location is appropriate because of the
low impact nature of this specific use; its compatibility with the district and surrounding
neighborhood; the use already exists and the request is to allow interior seating. Staff
recommends approval of the request.
Attachments:
Application
Location Map
Letter of Intent
Copies of Public notices
Survey
Restaurant Site/Floor Plans
Z:\PB\PB Agendas Staff Reports\2011 Agendas Staff Reports \8.30- 11\PB -11 -024 Special use RestauresuL 5845 Sunset Dr Fresh Dash.doc
-2-
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 668 -7356
Application For Public Hearing Before Planning Hoard & City Commission
dress of Subject Property: p LPoBt(s)
5
— Block Subdivision
��(bd
ets & Bounds: ' Mdit -A4
—u
plicant: Phone:
[Address:
30� m ��
presentative: Organization:
Phone:
Property Owner: �rt U 5-et S� t. ( C- Signature:
Mailing Address: (y po f2 ✓J IW,3d f e 12-Y Phone:
Architect/Engineer: a Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative _Contract to purchase
_Option to purchase _Tenanftessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
PLEASE CHECK ALL THAT APPLY:
Text Amendment to LDC _Variance
i Lefter of intent
_` Zoning Map Amendment uo"Speciai Use
_ Justifications for change
_ PUD Approval v Special Exception
_ Statement of hardship
_ PUD Major Change _Other (Waiver of Plat)
__.. Proof of ownership or letter from owner
Power of attorney
Briefly explain application and cite specific Code sections:
_` Contract to purchase
Current survey (1 original sealed and
10– '5 . 4 M 14
signed/1 reduced copy @ 11" x 17 ")
_ 15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
Affidavit- Receipts attesting to mail
notices sent
Section:— Subsection:_ Page #;_ Amended Date:
_ Mailing labels (3 sets) and map
Required Fee(s)
The undersigned has read this completed application . and represents that the information and all submitted materials are true and
correct to the best of the applicant's knowledge and belief.
{ \\
/cT1Y^j_Seld-('111:-K11'Si
Apgl..ic�anGS..Signa3ure andtitle Print Name Date
Upon receipt, a plications 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 Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Payment`
4 /16 /09X:TormsTB Application for Public Hearing (Revised 2009).doc
NOTICE OF PUBLIC HEARING
CITE' OF SOUTH MIAMI
�'Vo� .
rio V'r
ti
^'•tr . Ali r
M
Planning and Zoning Department
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663 -6326; Fax #: (305) 668 -7356
On Tuesday, August 30, 2011 at 7:30 P.M., the City of South Miami's Planning Board
will conduct a public hearing in the City Commission Chambers at the above address on
the following item:
PB -11 -024
Applicant: Vanessa Hawkins (Fresh Dash)
Location: 5845 Sunset Drive
A Resolution of the Mayor and City Commission, 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 5845 Sunset Drive within the "5R(HP -OV)" Specialty
Retail (Historic Preservation- Overlay); and providing an effective date.
All interested parties are urged to attend. Objections or expressions of approval may be made in person at the
bearing or filed in writing prior to or at the bearing. The Planning Board reserves the right to recommend to
the City Commission whatever the board considers in the best interest for the area involved. Interested parties
requesting information are asked to contact the Planning and Zoning Department by calling 305 -663-
6326 or writing to the address indicated above.
You are hereby advised that if any person desires to appeal any decision made with respect to any matter
considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based (F.S. 2 86.0105). Refer to hearing number when making
any inquiry.
(See location map on the back of this notice)
sr�
r
0
6001
5961-
0 0
Q
N h-
595s
N O
W T
A O
SW 71ST ST
0
6075 rn
rn
N
City of South Miami
PB -11 -024 — Special Use Permit Application
5845 Sunset Drive
Feet
0 100 200 300 600 900 1,200
5949- 6600- 6790
SW 68TH ST
5940 M'�� 5799 0g0 5111.
6811 ,y. 519 6D
6845
5927 F
h°
5887
sm �
9 sB
'TO
Sa6A y
sBS ism �p1
5870
5820
ITY
o � m
N
0 W
N In
4"' n g
yy y � laY1 N
� m m
m 5829
°� 5800
N
5659
u,
W O
5940 FIFi 7311 5950 7321 7310
sus 5850 . �
6022 9�O 5901
5900 5675 �� 580
Q
C
f
3f
I
6705
6801
7505 1 7600
7521 7510
7533 f 7530
5730 7450
1 �
7500 I p
7520 i
Lail'
O o
6
O
ti
V
5950
7420-
SW 74TH TER
n741
o
'�
5830
§i
5838
ti
h
w
o°
m
7500
7511
7515
7500. �
1020
7540
7520-
w
7541
+5861 5851 5341
5831
7532
Q
C
f
3f
I
6705
6801
7505 1 7600
7521 7510
7533 f 7530
5730 7450
1 �
7500 I p
7520 i
Lail'
O o
6
O
ti
V
IVIIAMI DAILY BU$INESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, MiambDade 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 We Miami Review, a dally (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 - AUGUST 30, 2011
in the XXXX Court,
was published in said newspaper in the Issues of
08/19/2011
Afflant 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 afflant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing tt� a Isem It for publication in the said
before me this
day of AUGUST A.D. 2011
(SEAL)
MARIA MESA personally known to me
o.." ", Notary public State of plorida—]
Cheryl H. Marmer
My Commission DD793490
•Farr"° Exp'ues 07118,2012
NOTICE OF PUBLIC HEARING
CI3`Y.& SOU I H MIAMI
� Y
•�xiproam '1'`,
PLANNING /A.N,OZ®RIINGDEPARTMENT '
�i34SBII�9S I.�EBIs 'SOUff4I`.; ,
'MIAMI, FLORIDA 339,E
,PIiB)AV�o $305I66.$' •632&I ;�''.:, ...
FAX'#. (30S} 868. 7366..' ...... , .
On Tuestlay', August 30, 20,19 at fi 30 P.M., the City of South MiamPs
Plannmg Board w19 conduct pubic beadngs m., tha.City Commission
Chambers'aE }heabsveaddress 6ritiYe iollowtrrgUems:.. .: : -., � `.
M11-.0
ApPlinaiVt,VanessaHawWns (Fresh Dash)':- � r
Locadom 5846 Sensed Ddve. „
A Remo ion of the 'Mavor and: City Com id nIlon'. ±Yeladnd `.tel' a
Ap�jicanL •:fAetroSouthSenwrAparimerts LtmitedPartnership ' ^'
MU•6) wringdl &tdct aiid)rrovidfng en nHecdvsdats.
Appllgnt:CityafSOU'_tfr:Miami `.
An onancs of the'mapor -and city commission amending section
20.2.3 of the tend development codetAlled deffhiddns in order tc -hr-
elude a new deRnttion "W Ice cream pario whiph provides stao-'
Ind establishments; ink! pr6vldingan effective date.
Applicant: Gty_oY$ouH>Miamt .. . �
Discusston.;of ,a,prcposed Ordinance amanding.the City's Land
DevetopmeniGoile.:to include a Mixed -Use 8 -story '(hi{t -3)
"Transidogel" zoning disldcl
All iMemstad parties are urged to attentl. Objedionsor expressions of
approval miiybamadeinpetson atthe hearirgoriiledinwdting priortoor
atine hearing. The Planning Board reserves the fight to recommend k
the CityCammisston wfiateverihatxrard considers inihet+est interest for
thaarea i[Nnived.Interested'patdea eeques8ng information are asked to
conttist the: Planning and Zoning gepartmemdry dailing 306.663.6326 or
wifttngtciheadtlress ind'u�tedaFnve.
Yau are harelry.ativisadihatif any person desves to appeal any decision
made with respect !o any matter considered at this meeting orhearing,
spec person wGl nef a resordbf me proceedings, and Ibr such purpose
iiiay need to enswe that a verbatim remrd of tfie proceedings Is made.
whfoh reconl includes thatesdmony, and evidence upon which the appeal
Is to be based (F,S, 286.0165). Refer to hearing number when maids .
anyirWily..
SAS - - tt- 3.212f1744117M
The Fresh Dash Corporation
5845 Sunset Drive
Miami, Ft. 33165
(305)495 -9959.
July 28, 2011
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
To Whom It May Concern:
Our names are Vanessa Hawkins and Carolina Peralta we are the owners of The Fresh Dash
Corp, located at 5845 Sunset Drive, Miami, F(. 33143. Please accept this letter as a request for the
special use permit. We believe this permit will it be beneficial to our customers and to the future success
of our business. Please allow us the opportunity to apply forthis permit.
Please contact us at the number listed above for any additional requirements regarding the
application process.
Sincerely,
1
Vanes Carolina Peralta
SUNSET 58, LLC
7600 RED ROAD
SUITE 124
SOUTH MIAMI, FL. 33143
305- 284 -1214
July 27, 2011
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
To Whom It May Concern:
My name is Steve Halegua and I am the property owner of a shopping
center known as Sunset 58, LLC located at 5835 -5855 Sunset Drive. My
tenant located at 5845 Sunset Drive, Fresh Dash, would like to apply for
special use /seating and I have no objections.
If you have any questions please call.
Sincerely,
j
i�
Steve Halegua
Sunset 58, LLC
STATE OF FLORIDA
COUNTY OF DADE
I hereby certify that on this day, before me, an officer duly
authorized in the State and County Aforesaid to take acknowledgments,
personally appeared Steve Halegua, the person described in and who
executed the foregoing instrument, who is personally known to me.
Witness my hand and official seal in the State and County Iast
aforesaid this ` day of 2011.
b� NoW Public State of Plorida
°�Wle a on
�'? o� Ex Cie 98/1212910999692
Public; State of Florida am P
&'o ¢a UC"m
f=
a
Joz9
V C
mm O W w
�{IIY�IIIY 93 a �4ZW. WN ~TG
av ,a
FHMA� cw ? G5a �m URN '
~� 8 maw
(A z
Z \
NOW
V%
�G �m
6h, !. Z b7 ja a
14 a e °q
m ° sit L�
_lf. 06x8 13 g r- >s a°' _
a msi � wzo i
�y
g -ems
� v°wi zzil
.CTS 4'SC .r
��'✓ ,D£'0 z� �} 68 "4t "L4'ld'd ci- ,
•S'8'0 A80iS t qo - � •6L
LL C'4
.¢ a 3AING 13SIMS L£99 `
o 591 t T3' -1d'd
` 4NIOT(ng 'S'9'a 'W02 i H I N
N V
llNtA AL12iVd ,e'D
�) ,£'Tl o ,b -el ,9'46
n
'4? N ins ' vo M L996
� aNimne s•gL Laois z �
��//��LL
l!J p1 t ¢ 1 ALL .8W5.
LS-Li 'l3'1i'd
3A184 S35Nfi5 L£BS
.-gyp N `JNIUiln9 -S -8,3 mms Z jLI
, . , o ( LL
Z61 B65
84 20nd 1'VNdw 4°
Ho
s^
Z N¢ ,6'68 N, LB ti -
�
� =a
m d1 1
° of m2fti
CO
3/Jaa .135NnS 9995
a N¢ aNI Ina 'S "8'a Aa41s 1 n vm°
1 m <Fv
+ 4.81
E)wmns l�e^ov .za's¢4 osst. A�nr .q4
n- T
�je8e
'= °ii
,gym F el ONICIling ONUSIX3 NH NIAMill
J„
a�. {{sjjj;Fgej
MUM
'07'HSHO•H83'83 mawdod ONIl300W3N WNSINi
R R
✓�✓ o Y � � ✓ a ¢ bh � R q 5 gk
W_
a v
7-4 ` INVIN HinoS -40 HSVG- HSM2JJ
P�•�
4
J„
7-4 ` INVIN HinoS -40 HSVG- HSM2JJ
C Ej
n
d
q��49
6I:
OI(_
LL�
p
�d
O
@
E
N
c�
a
a
�o
0000000000
5
C
6
e
i9
It
C Ej
n
d
q��49
6I:
OI(_
LL�
��v .iz �c •. wxam m- mn- m. >w��wsro- a+v- �o-.:onwwns .:.�s „a�w v
EmiV3S }ION31N) ONV 21012131X3 `�
?
a
°•
HSVd- HS32Jd HOd IM89d 3St1 lb'IO3dS
��v .iz �c •. wxam m- mn- m. >w��wsro- a+v- �o-.:onwwns .:.�s „a�w v
Mti
> a z�
City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an Annual fee of $500 per Ordinance No. 44 -08 -1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection ofprofessional consultants, and
virtually all - legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at'7:38PM
Pledge of Allegiance was recited in unison
IL Roll Call
Action: Mr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mr. Cruz (Vice - Chairman), Mrs, Yanoshik, Mr. Vitalini, Mrs. Beckman,
Mr. Dundorf, and. Dr. Philips.
Board Member absent: None
City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit
Facilitator).
Board Member absent: Lourdes Cabrera (Principal Planner)
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
Dr. Whitman notified the public that Planning Board Item #PB -11 -025 has been withdrawn.
Mr. Brimo notified the Board that the next scheduled meeting of the Planning Board (September 13,
2011) is on the same day as the first Budget Hearing for the City. Mr. Brimo then stated that the
meeting should be rescheduled for a later date. Because there were scheduling conflicts between the
Board members, Mr. Brimo stated that he would check the availability of the Commission Chambers
and notify the Board of these dates.
IV. Local Planning Agency Applications / Public Hearings
PB -11 -024
Applicant: Vanessa Hawkins (Fresh Dash)
Location: 5845 Sunset Drive
A Resolution of the Mayor and City Commission, 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 5845 Sunset Drive within the "SR(HP -OV)" Specialty Retail (Historic
Preservation - Overlay); and providing an effective date.
MWL Page i of
Z:\PB\PB Minutes\2011 Minutes \8- 30- 2011\P13-11 -024 Draft Regular Meeting Minutes Excen.doe
Mr. Cruz read the item into the record.
Mr. Brimo presented the item to the Planning Board
Mr. Dundorf asked staff if there is a reason why seating is not allowed in ice cream parlors. Mr.
Brimo stated that because the Land Development Code (LDC) does not specifically allow seating,
then it is prohibited.
Ms. Yanoshik asked staff if this business has to comply with the regulations for frozen garbage
management, of which Mr. Brimo stated that yes.
The Chairman opened the public hearing:
Mr. Pepe swore in all of the individuals who spoke during the public hearing.
NAME ADDRESS SUPPORT /OPPOSE
Vanessa Hawkins 5845 Sunset Drive Support
Ms. Hawkins, the applicant, gave a brief presentation of what kind of business Fresh Dash is.
Mr. Cruz asked the applicant if the tenant pace where Fresh Dash is located will be remodeled. Ms.
Hawkins stated no, she would only like to put indoor seating in her establishment.
Dr. Philips stated that Fresh Dash will have twelve (12) indoor seats and four (4) outdoor seats. Mr.
Brimo then stated that outdoor seating will require a separate application that is approved by the City
Manager. Mr. Brimo explained the regulations for outdoor seating which encompassed American
Disability Act (ADA) requirements. Mr. Cruz then asked if there were any businesses in the area that
already had outdoor seating. Mr. Lightfoot stated that both Old Lisbon Restaurant and Cervezas have
outdoor seating.
Ms. Beckman asked if any of these businesses are in a historic building. Mr. Lightfoot stated that Old
Lisbon Restaurant and Fresh Dash are located in a historically designated building, but wasn't sure if
Cervezas was. Mr. Lightfoot then stated that he would have to check to see if Cervezas was in a
historically designated building. Mr. Brimo then stated that buildings that are historically designated
are exempt from having any parking requirements.
Ms. Yanoshik stated that refrigerated garbage management should be looked into because it wasn't
shown on the floor plan. Ms. Hawkins stated that she uses the dumpster that is located on the site.
Mr. Cruz asked the applicant if there were any indoor seats in the establishment other than the seats
located at the counter of which the applicant stated yes. Mr. Cruz then asked the applicant if the
seating that will be added will be the tables and chairs of which the applicant stated yes.
Mr. Dundorf asked the applicant about the signage. Mr. Brimo stated that the signage will be
reviewed by the Historic Preservation Board.
Mr. Pepe stated that the proposed text amendment to the Land Development Code for ice cream
parlors will provide for five (5) indoor seats. Mr. Pepe then stated that the applicant is asking for
seating larger than what would be allowed in the text amendment. Mr. Brimo stated that Fresh Dash
would be classified as a restaurant which would allow for a larger amount of indoor seating.
Mwt, Page 2 of 3
ZAPB \PB Minutes\201 I Minutes \8 - 30.201 ] \PB -1 ] -024 Draft Regular Meeting Minutes Excert.doe
The Chairman closed the public hearing:
Ms. Beckman stated that if this item is passed, Fresh Dash would be classified as a restaurant. She
also stated that because the building is historically designated, the parking requirement has been
waived as well.
Motion: Mr. Cruz motioned to approve PB -11 -024 as written. Ms. Beckman seconded the motion.
Ms. Yanoshik asked the Board about garbage management. Mr. Cruz stated whether this.item is
approved by city commission, they still won't be in compliance with the regulations for garbage
management. He then stated that this should be investigated. Mr. Brimo stated that Code
Enforcement will be notified to ensure that the garbage management is handled for the multi -use
building.
Vote: Xea: 7; Nay: 0
V. Approval of Minutes:
LPA Minutes of May 24, 2011 — The Board members reviewed the minutes and were in favor
of approval of the minutes with no changes.
Motion: Dr. Whitman motioned for approval of the minutes as presented. The motion was not
seconded.
Vote: Approved: 7 Opposed. 0
LPA Minutes of June 21, 2011 — The Board members reviewed the minutes and were in favor
of approval of the minutes with no changes.
Motion: Dr. Whitman motioned for approval of the minutes as presented. The motion was not
seconded.
Vote:. Approved: 7 Opposed: 0
VI. Future Meeting Dates Will be selected at a later date
VII. Adjournment
Dr. Whitman adjourned the Local Planning Agency meeting at 9:58 PM.
MWL Page 3 of 3
Z: \PB \PB Minutes\201 I Minutes \8- 30- 201 1U'B- 11.024 Draft Regular Meeting Minutes Excert.doe
fl111AMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Mlaml-Dade County, Florida
STATE OF FLOR16A
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 - NOTICE OF PUBLIC HEARING
OCTOBER 4, 2011
in the XXXX Court,
was published in said newspaper in the Issues of
09/2$/2011
Afflant 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, rebate, commission or refund for the purpose
of securi . a ve i ublioation in the said
subscribed before me this
23 day EPTEMBER 2011
(SEAL)
MARIA MESA personally known to me
qav ^y- Notary Public stain of Albida
Veronica Perez
-� My Cc
mmission DD819771
asc O Expires 0910312012
It
Madd M Menendez, CM
q.
City Cle k
Pursuant tq,Ftgnda'Stawtes 2S¢Oi0¢ the City herl3by advusesthepubiic
thatafa person decrdeslo appealanydso's" madebytfiisBoard,Agen-
py.q(Cgmmrsslon i9th respegtlb'ari`105rtw,RSidered at its meeting or
heazing he nr shawidl needa re0oktl:bf the plpceeJings,arid thatforsti
pprpos onsure that ?a verti`afimrecord of
the•prpCeedings Is made.whrehrecbrd 3ndudes31hs testimony and evi-
dence, ;Upon wh(ch.11'ieappealistobe based.
11-3-169/17595 09M
0SE 1 SUNDAY, SEPTEMBER25,2011 SE
(305) 4767677 i 1- 87754- DaVita
Dd i®
Vita.corn
petca a :AvAv.. e1axM M'N Wgar
New Store Location! 11I165
'ANnday5- .51a1rur
A Paiy ty
5c..3 n l fi -ea PANDORA
Mr URICE'S 30253.5740 n UNFORGETTABLE MOMt NYS "a
a��rr,� : « Wnra.�drd
.: .rn:rPis' .: uww.m5u ;�siew
MIamlNerald,com i THEMIAMIHERALD
7=47MMM 497 1 -073
o CALENDAR, FROM 375E
Handers pod Wednesday.
Nmba -Damo Aerobtrs Gass:
pa4aeaverld pe by WinneU
N,eed+repacl pWrstyk dente oars
954 - 7130930: tNaugh Sept 30:
Add a I've Di at every dam 230
E54.95.E44.95ages SR, amual
pm Mmtloysord invrsdrvs 1-yM
Coca Radio Ads. 15 f0
paratlaldahentiCSCaNraziorswn
Wlduse M¢wnforEM.95.FM.95
red
]2mlk Mkm4851oraorrcMer
ln1
varkds.
vrNxs ummersavid9slMSCwrd�
27116CMadyear
lon,hdne
ddsSh het, ia62ip63J6.
DANCECLASSES
OTHER CLASSES
fled Aitabo CaecasNdimin
- AlMrsphaai The MeafyoandA
ImduUOry a t(errveluresrhree
Saturdays@ Ici MwGmande
gsswalor Inam03Arrera
St:
paredpereulopvaaniehodudich
Coral Gabkr
30F443A095 or
WervabityrAndwiterhaker 'ad
rvxw.hecrancCroml941MIM7
«¢dIC¢Mbrbk (IVOr9hlMaltl
GUorx Danw Cmter.4FWSW ]oih
9anRaantl improa6albn, the
Ct,Oknvxr 9
7S3E
I 5fora0e
rM
d WAdanC@mvorear
FKWt
crooren"olMdvec
'Be6y'9oNome19eh2 a35'q
s
minnff May9muMRMa7rc,9oad
ophroan. ioesda'ordb F9r Men
NE Sttadnve, Yuami Shores 5120
On H: teem Tom. s ecnMlH
ppee
8.9pre.
eddledanw Am. 8.9 Tnum
- 75195SO or Jha
So5951d955Uw Nwrrapp'
dear 910.
.
9rouMlhemre <an Ayes 6A:4;30 S6
MlamlgNEalet 3200 tLxiy AVe,
E20
Hutto ECadc929-
pNmiwddeysantllhwidrys: Apes
912:4306p.m. WedneNaysantl
70iOpiMiCn
perdass.3059Md0o]ar
Mldiyr Agesrfe.1 30amman
vrvw90n{(AYWne-lae
'DaNetd.630- reraWPoandden
01IASSbp2d a.4,Nyv U;
ochare.
m
(advapapl)
0.15-oe617(roat2:
Session S:Rw.I50ee i7nro[MSs
pvh lftpvtlays
da�va(advdnalA6'10�8pm
eTURNTOCALENDAR,4eSE
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS N,FAEBY g"ryoe Nratdhe ehot ommlmoii oletrCNy of
SDOm!ropper Marian vn71nverte 2PublicHearingsal itsregular City
Comnninga Marano 3p. Scheduled for ompra a Ocrandar4 201E
suppegng m 2:30 p.m, in Ilfe Ciy Coemliss7ti Chambers, 6130
Stmet Drive,fa considerme idlavAng ilem(s):
A Repainted relating to a Appeal Internet to Section
203.4 (ld41aa 'ot the Load Deveb9mB01, fade for
Special Do Approval to locale a general redacted
at 5945 Sunset Drive Wllltm the Valle-OVj, Sped'IM
Retail (Uric par"n olion-Ovea ry 20.),
An Mdhlare amertling secllon 202.3, defMnene of the
tend development ode to include a new de6nihm tar
Ice Cream peters, and providing sfardards for sea6rg
requiremenls wJhlo those uses; antl amending the partial
deNalion of restautnls
ALL Interested parties are Want to attend and vial De
heard.
For lather Interpreted, Prove partner the City Cksk3 Ogke rit
3056635340.
Maria M. Menendez, CMC
filly OA .
c
r
F
lb
t
r