Res No 165-13-13983RESOLUTION NO. 16 5-13 -13983
A Resolution related to a request pursuant to Section 20- 3.4(B)(4)(b) of the
City of South Miami Land Development Code for Special Use Approval to
locate a general restaurant at 5701 Sunset Drive, #194, within the Specialty
Retail "SR ", Hometown District Overlay "HD -OV".
WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, Carolina BBQ Sunset, LLC submitted to the Planning Board Application No. PB-
13 -020 requesting a Special Use Approval to operate a general restaurant to be located at 5701
Sunset Drive, #194, within the Specialty Retail "SR ", Hometown District Overlay "HD -OV"
zoning district; and
WHEREAS, a general restaurant is permitted as a special use 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)(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 the July 9, 2013 Planning Board meeting, and following a public hearing,
the Board heard application PB -13 -020 and voted unanimously to recommended approval of the
special use request for a general restaurant; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
lO_ 41
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 -020) submitted by applicant Carolina BBQ
Sunset, LLC, for approval to operate a general restaurant located at 5701 Sunset Drive, #194,
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)(4)(b) 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).
(3) Any and all exterior renovations or modifications are subject to review and approval
by the ERPB
Res. No. 165 -13 -13983
(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 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. 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 6th day of August , 2013.
ATTEST:
a�r&- aa4n��
11
APPROVED:
MAYOR
ORM, COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
W
6;
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
South Miami
AlRmeHcaCffy
if
2001
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven J. Alexander, City Manager
From: Christopher Brimo, AICP
Planning Director Irk
Date: August 6, 2013 ITEM No.
A Resolution related to a request pursuant to Section 20- 3.4(13)(4)(b) of the City of South
Miami Land Development Code for Special Use Approval to locate a general restaurant at
5701 Sunset Drive, #194, within the Specialty Retail "SR ", Hometown District Overlay
"HD -OV ".
BACKGROUND
Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant is
requesting Special Use Approval to locate a general restaurant at the above referenced location.
The location of the restaurant will be in an existing street level storefront of the Shops at Sunset
Place, fronting Sunset Drive and occupying space #194, which was formerly Dan Marino's.
(Figure 1). This proposed use is located in the "SR" Specialty Retail, "HD -OV" Hometown
District Overlay zoning district which allows restaurants if approved through the special use
process. Although the previous use of this facility had been a restaurant (Dan Marino's), the
special use approval previously granted lapsed 6- months after the expiration of the occupational
license necessitating a re- review. 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. Pursuant to the requirements for special use application review, the applicant provided
notification via certified mail to the surrounding property owners of their intent to file said
application; documentation is on file with the Planning & Zoning Department.
Fi ure 1
3
5701 Sunset Drive 4194
Special Use Approval - Restaurant
August 6, 2013 Commission Meeting
Page 2 of 3
STAFF ANALYSIS
The applicant is proposing to open a full service southern style restaurant and bar called "Brother
Jimmy's BBQ" in the space formerly occupied by Dan Marino's. The restaurant will be located at
the ground level of the Shops along the Sunset Drive entrance (Figure 2). The applicant currently
operates another store locally at the Mary Brickell Village in Miami. The floor plan provided by
the applicant indicates the space is approximately 6,000 square feet, and will accommodate
approximately 200 seats. The property is bounded by Sunset Drive, South Dixie Highway, and
SW 57the Avenue. The general character of the surrounding area is a mixture of office,
commercial, retail and restaurant uses. Sufficient parking for this use is available in the parking
garage for the Shops, and all deliveries and solid waste removal will be handled within the Shops
of Sunset Place property. "
During its July 9, 2013 Planning Board meeting, the Board had questions about the required
parking spaces for the proposed restaurant, of which the applicant stated that the required parking
spaces will be located within the parking garage that is attached to the Shops at Sunset Place. It
was then _t(ldf- I that thn nrnnnCP.d re...Ctaltratlt will be assuming the same .space. that was Originally
contained by Dan Marino's. There will not be an increase in square footage for this space.
Therefore, there will not be an increase in required parking spaces for the proposed restaurant.
Figure 2
ZACommission Items \2013 \8- 6- 13 \Brother,liminy's BBQ \Special Use Restaurant CM Report_5701 Sunset Drive.doc
5701 Sunset Drive #194
Special Use Approval - Restaurant
August 6, 2013 Commission Meeting
Page 3 of 3
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.
This space was specifically designed for a restaurant use and is consistent with the general
character of the Hometown District Overlay. Staff recommends approval of the special use to
locate a general restaurant, Brother Jimmy's BBQ, at the referenced location. Any exterior
modifications to the structure or signage will require a separate application to the Environmental
Review and Preservation Board. Additionally, an outdoor seating application must be approved
by the City before any outdoor furniture can be placed outside of the restaurant.
Attachments:
Application /Payment
Letter of Intent
Property Owner Authorization
Restaurant Site /Floor Plans
Survey
Affidavit of Public Notice
ZACommission Items\ 2013 \8 -6 -13 \Brother Jimmy's BBQ \Special Use Restaurant CM Report 5701 Sunset Drive.doc
28SE I SUNDAY, JULY 28, 2013
•'
9 .g
e' K
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE 1S HEREBY given that the City Commission of the City of South Miami, Florida will conduct
Public Heafing(s) at its regular City Commission meeting scheduled for Tuesday, August 6, 2013, beginning
at 7;00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following ftem(s):
An Ordinance amending Section 15.93, titled "Noise- creating blowers, power fans, or internal
combustion engines, outdoor powered tools and other equipment" of the existing noise ordinance.
A Resolution authorizing the City Manager to execute a Professional Service Agreement
provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA ", with
EAC Consulting, Inc., Marlin Engineering, Inc., The Corradino Group, Inc., SRS Engineering, Inc.,
R.J. Behar and Company, Inc., T.Y. Lin International, Stanley Consultants, Inc., Sol -Arch, Ine.,
Civil Works, Inc., C.N. Perez & Associates Consulting Engineers, Inc., for the following professional
services: Architecture, Landscape Architecture, Civil/Envirorlrnerrfai Engineering, Traffic and
Transportation Engineering.
A Resolution related to a request pursuant to Section 20- 3.4(B)(4)(b) of the City of
South Miami Land Development Code for Special Use Approval to locate a general restaurant
at 5701 Sunset Drive, Shops at Sunset Place Unit 194; within the Specialty Retail "SR ",
Hometown District Overlay "HD -OV ".
A Resolution related to a request pursuant to Section 20- 3.4(8)(4)(b) of the City of
South Miami Land Development Code for Special Use Approval to locate a general restaurant
at 5864 Sunset Drive within the Specialty Retail "SR ", Hometown District Overlay "HD -OW.
A Resolution of the City of South Miami relating to a request to allow for the creation of parcels
A, B, and C on the Northern portion of property specifically located at 6520 SW 56th Street,
South Miami, Florida within an RS -3; Low Density Single - Family Residential Zoning District,
as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20- 4.2(B) of the
City of South Miami Land Development Code, and Section 28 -4 of the Miami -Dade County Code; for
the purpose of constructing three new single- family homes; and providing for a legal description.
A Resolution of the City of South Miami relating to a request to allow for the creation of parcels
A, B, C, and D on the Southern portion of property specifically located at 6520 SW 561h Street,
South Miami, Florida within an RS -3; Low Density Single - Family Residential Zoning District,
as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20- 4.2(B) of the City of
South Miami Land Development Code, and Section 28 -4 of the Miami -Dade County Code; for the
purpose of constructing four new single - family homes; and providing for a legal description.
A Resolution of the City of South Miami relating to a request to allow for the creation of parcels
1 through 5, on property specifically located at 6150 SW 80th Street; 6120 SW 80th Street;
and- 6040 -SW -80th Street, South Miami, Florida within an RS-3; Low Density Single- Family
Residential Zoning District, as permitted by provisions pertaining to "Waiver of Plat" set forth in
Section 20- 4.2(B) of the City of South Miami Land Development Code, and Section 28 -4 of the
Miami -Dade County Code; for the purpose of constructing five new single family homes; and
providing for a legal description.
A Resolution authorizing the City Manager to enter into a two -year lease and maintenance
contract for two police motorcycles with Petersen's Harley- Davidson's of Miami, disbursement
of the funds up to $11,400.00 per year from account number 001 - 1910 -521 -4450 (Purchase/
Lease Police Vehicles), for the years fiscal years 2013/14 through 2014/2015.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305 - 663 -6340.
Maria M. Menendez, CMG
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that it a person decides to appeal any decision
made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will
need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evidence upon which file appeal is to be based.
Page: NabesSE 19,
r.t;.:,,,,. ter
K
MiamiHerald.com I MIAMI
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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 Legaf 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 6, 2013
in the XXXX Court,
was published In said newspaper in the issues of
07/26/2013
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, rebat 'ssion or refund for the purpose
of securin dvertisemen for pupublication in the said
n paper.
Sw sd bscribed before me this
26 day of JU A.D. 2013
Y p
(SEAL)
MARIA MESA personally known to me
',�;a."g�,• MERCEDES ZALDIVAR
I" COMIMISSlCN = FF029730
EXP:aG_Juae 20. 2017
•t87s 3988 -
�4
4:t1Llly�;
�y �r City of South Miami RECEIVED
Planning & Zoning Department
�� 0 2093
°If�CC11P9rtArei`; >: City Hall, 6130 Sunset Drive, South Miami, Florida 33143
It � Telephone: (305) 663 -6326; Fax: (305) 668 -7356
t> � � � Planning and honing
. Department
Application for Public Hearing before Planning Board & City Commission
Ad.dress,of Subject Property: 570 j Sunse `j Dr; ✓e, #jRy
PB {s} 13lock Sdbdlvision
(Meets & Bounds: S9u'i'k Miar6i J F-L 33iq,3
Applicant:
B6Q SU, s58J , � �C
Phone:
7U. 36 o. 34 So
Rcpresentative:bt45 +,A Ei✓1 kIeM
Organization: �a�0� 1303 Q S+fn -5-ef LG
Address: 9p{� S'u {An1��E� #135
Phone:
36517
o-
Property OWhbr: .1 le OopS a-k SL40Se+
Signature
Mailing Address: %plf sunset bn\J/e . #35`b
Phone: 305-. 463 C'/82-
t11 GI{f(e6.0 Clll,)Ineel: _ �
Hrc Quadrk,
i`IlUlle.
AS-IE APPLICANT, PI- . AStw INDICATE YOUR RELATIONSHIP TO THIS PROJECT.'.
Qwnet _ Owner s Representative Contract to purchase
_Option to purchase \/TenantJLessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING.
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
PLEASE CHECK ALL THAT APPLY:
Text Amendment to LDC
- Letter of intent
tVVariance
Zoning Map Amendment Special Use
^ -
^ Justifications for change
PUD Approval ^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
signed /1 reduced copy @ 11" x 17 ")
15 copies of Site Plan and Floor Plans
24 x 36 ", 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 undersigne(I has read this completed application and represents that the information and all submitted materials are true and
correct to the bidst of the applicant's knowledge and belief.
61cceant's Signature and title ' �T Print Name Date
Upon receipt, applications 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
L: \Forms \Current Planning Department Forms \Planning Department Forms \Planning Board \PB - Special Use Application - Revised 2-
20-2013.doc
is
Part I of 4 p an
City of South Miami, Florida
PLANNING AND ZONING DEPARTMENT
APPLICATION, MISCELLANEOUS AND DOCUMENT FEES
DATE : CHECK NO:
NAME.
rwL=ce aa: t TT t S "' ' f 1.,,J h'x c: t, t lrt�rlva�. �v:
001.0000.341.3000 ERPB HEARING FEES
Environmental Review and Preservation Hoard (TOTAL)
Applications for new construction in the RS and R7' 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 ERPB decision ($100)
VARIANCE, FIRST REQUEST
0o1 .00o0.219.1610 Advertisement and Notice ( $1,500)
001.0000.341.2000 Admin Fee .............................
....................... ...« ....:. ..::: ($1,500)
EACH ADDITIONAL VARIANCE REQUEST ............. ($1,125)
LDC TEXT AMENDMENT lI (Change Permitted Use Schedule)
001.0000.219.1610 Advertisement and Notice Fees ..... ............................... ($1,500)
001.11000.341.2000 Admin Fee .......... ............................... .......................($4,500)
PUD /MAJOR CHANGE
001.0000.219.1610 Advertisement and Notice Fees ... ............................... ($1,500)
001.0000.341.2000 Admin Fee ....... ............................... ....................... ($3,750)
PUD MINOR CHANGE
001.0000.341.2000 Admin Fee .......... :...... : ....... :.:.:................ ..............
GRAND TOTAL
XAFonns \Receipt forms \RUCEIPT FORM Rart 1 14-1 Ldoc
OrdinaneeNo.04 -11 -2077, adopted 14-11
White copy to Planning; Pink copy to Customer; Yellow copy to Finance
(TOTAL $ 3,000)
t,it '? .....
(TOTAL $ 300)
(TOTAL $ 6,000)
(TOTAL S 5,250)
i
1�;
SPECIAL USE/ SPECIAL EXCEPTION
001.0000.219.1610
Advertisement and Notice Fees ., .;.. .,:., *:......
($1,500)
001.0000.341.2000
Admin Fee ........................... ...............................
($1,500)
001.0000.341.2000
EACH EXTENSION REQUEST FOR VARIANCE, SPECIAL
USE
ORSPECIAL EXCEPTION ................ ..,.....,;:.,,,....,.....($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, mist. provisions)
001.0000.219.1610
Advertisement and Notice Fees ..... ...............................
($1,500)
001.0000.341.2000
Admin Fee .........................., ..... — ...... ...
($1,500)
LDC TEXT AMENDMENT lI (Change Permitted Use Schedule)
001.0000.219.1610 Advertisement and Notice Fees ..... ............................... ($1,500)
001.11000.341.2000 Admin Fee .......... ............................... .......................($4,500)
PUD /MAJOR CHANGE
001.0000.219.1610 Advertisement and Notice Fees ... ............................... ($1,500)
001.0000.341.2000 Admin Fee ....... ............................... ....................... ($3,750)
PUD MINOR CHANGE
001.0000.341.2000 Admin Fee .......... :...... : ....... :.:.:................ ..............
GRAND TOTAL
XAFonns \Receipt forms \RUCEIPT FORM Rart 1 14-1 Ldoc
OrdinaneeNo.04 -11 -2077, adopted 14-11
White copy to Planning; Pink copy to Customer; Yellow copy to Finance
(TOTAL $ 3,000)
t,it '? .....
(TOTAL $ 300)
(TOTAL $ 6,000)
(TOTAL S 5,250)
i
1�;
Brother Jimmy's BBQ
May 2, 2013
.SENT VIA HANDi DELIVERY
City of South Miami
Building Department
City Hall
Second Floor
6130 Sunset Drive
South Miami, R 313 143
Re: Letter of Intent Regarding Use of Demised Premises to operate a
Restaurant/Bar Brother Jimmy's BBQ at Shops at Sunset Place
To Whom it May Concern-
1 am a regional manager of Carolina BBQ of South, Florida, LLC, which is the controlling
owner and operator Carolina BBQ Sunset, LLC ( "Brother Jimmy's BBQ "). I am also the project
manager for the soon � to be launched Brother Jimmy's BBQ restaurant in South Miami at the
Shops at Sunset Place.
It is our intention to open a first -class Brother Jimmy's BBQ at Sunset Place. Brother
Jimmy's BBQ is a nationally recognized southern style restaurant and bar, featuring southern
style cuisine, Carolina BBQ, and sports related entertainment. The South Miami location is
going to be designed and constructed in said style. To best understand the scope, flavor, and
style of the design and construction intended for the South Miami location, you can visit
www.brotheriimmys.com and www.brother'immys.com /locations / miami. There is currently an
existing store in South Florida at Mary Brickell Village in Miami, Florida. The South Miami store
will be the 2nd store in south Florida_
If you need any further description of our intentions, please feel free to call me. My cell
phone number is (954)529 -5453 and my email address is dustin @brothedimmysmiami.com.
hope to hear from you immediately.
Very truly yours,
Dustin Elmalem
Brother Jimmy's BBQ
Regional Manager
SIMON more choices® THE SHOPS AT SUNSET PLACE
Shops at Sunset Place, LLC.
225 W. WASHINGTON STREET
INDIANAPOLIS, IN 46204
May 3, 2013
City of South Miami
City Hall
6130 Sunset Drive
South Miami, FL 33143
Re: Carolina BBQ Sunset, LLC / The Shop at Sunset Place Mall
Shops at Sunset Place, LLC acknowledges that its tenant Carolina BBQ Sunset, LLC
Dba Brother Jimmy's Miami will perform construction on its leased premises and
acknowledges that Dustin Elmalem Managing Partner for Carolina BBQ Sunset, LLC
will sign any and all necessary Permit Applications and other documents pertinent to the
construction of the Brother Jimmy's Miami tenant space.
Sincerely,
Shops at Sunset Place, LLC
Derrick Brown
Mall Manager
Shop at Sunset Place
M.
5701 Sunset Drive, Suite 350, South Miami, FL 33143
305.6610482 1 fax 305.663.0167 1 www.simon.com
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