Res No 050-14-14144RESOLUTION NO. 50-14-14144
A Resolution for Special Use Approval to expand a general restaurant at
5701 Sunset Drive, Shops at Sunset Place Unit A01A 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, MM2, LLC submitted Application No. PB-14-002 to the Planning Board
requesting a Special Use Approval to expand a general restaurant located at 5701 Sunset Drive,
Shops at Sunset Place Unit A01A, within the Specialty Retail "SR", Hometown District Overlay
"HD-OV" zoning district; and
WHEREAS, the applicant proposes to take over an existing restaurant space and expand
into an unused storage area; 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 January 13, 2014 Planning Board meeting, and following a public
hearing, the Board reviewed application PB-14-002 and voted unanimously to recommended
approval of the request for the expansion of a general restaurant; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board.
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-14-002) submitted by applicant MM2, LLC, for
approval to expand the size and use of the restaurant located at 5701 Sunset Drive, Shops at
Sunset Place Unit A01A, 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.
(2) All signage for the new establishment is subject to review and approval by
the Environmental Review and Preservation Board (ERPB).
Res. No. 50-14-14144
(3) Any and all exterior renovations or modifications are subject to review
and approval by the ERPB
(4) A separate application for outdoor dining would be required as per Section
20-3.3(E)(2) Outdoor Seating I 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
approval by the City Commission.
PASSED AND ADOPTED this 18th day of_M_a_r_c_h ____ , 2014.
ATTEST: APPROVED:
lU;rt/J1A
MAYOR
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor: Harris Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
Commissioner Edmond: Yea
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven 1. Alexander, City Manager
From: Christopher Brimo, AICP Cr /
South Miami
b:Ol~ i'mI' 2001
Planning Director /
ITEM NO'_..III.I_~---,,~ Date: March 7, 2014
A Resolution for Special Use Approval to expand a general restaurant at 5701 Sunset
Drive, Shops at Sunset Place Unit AOIA within the Specialty Retail "SRI!, 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 A01A, which was formerly occupied by
Marhaba Mediterranean Cuisine (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 use of this facility has been a restaurant
(Marhaba's), the new business proposes to expand into a previously unused storage area behind
the Z Gallerie retail store and Panera Bread, 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 US mail to the surrounding property
owners of their intent to file said application; documentation is on file with the Planning &
Zoning Department.
5701 Sunset Drive #A01A
Special use approval -Mellow Mushroom Restaurant
March 7, 2014
Page 20/4
Figure 1
Existing
STAFF ANALYSIS
Proposed
SW58THAVE
Z Gall erie
The applicant is proposing to open a full service restaurant and bar called "Mellow Mushroom
Pizza Bakers" in the space previously occupied by Marhaba, and the former storage area
indicated in Figure 1. HGI, which is the parent company of Mellow Mushroom was founded in
1974 in Atlanta, Georgia and presently owns and franchises its restaurants, which is a casual
dining concept with sports related entertainment. The restaurant serves various gourmet pizzas,
as its center piece, and additionally serves an array of appetizers, salads, soups, gourmet hoagies
and desserts.
The restaurant will be located at the ground level of the Shops along the Sunset Drive entrance
(Figure 2). The floor plan provided by the applicant indicates the space is approximately 6,500
square feet, and will accommodate approximately 200 seats. Approximately 1,500 square feet of
the proposed expansion is utilized for office, storage, refrigeration and dishwashing. The
5701 Sunset Drive #A01A
Special use approval -Mellow Mushroom Restaurant
March 7, 2014
Page 3 0/4
remainder of the space is occupied by the entry foyer, seating and bar area, kitchen and restrooms.
Outdoor seating is not a part of this review and is handled as an administrative review and
approval. The property is bounded by Sunset Drive South Dixie Highway and SW 57the A venue.
The general character of the surrounding area is mix 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.
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.
The front portion of this space was specifically designed for a restaurant use; the remaining
unused storage space will be convelted to accommodate the kitchen, coolers, offices and
5701 Sunset Drive #A01A
Special use approval -Mellow Mushroom Restaurant
March 7, 2014
Page 4 of4
restroom facilities. This use is consistent with the general character of the Hometown District
Overlay.
RECOMMENDATION
At the January 13, 2014 Planning Board meeting, and following a public hearing, the Board
reviewed application PB-14-002 and voted unanimously to recommend approval of the
applicants request to expand the size and use of the general restaurant.
Staff concurs with the Planning Board's recommendation for approval of the special use to
expand the general restaurant, Mellow Mushroom Pizza Bakers at the referenced location. Any
exterior modifications to the structure or signage will require a separate application to the
Environmental Review and Preservation Board for review and approval.
Attachments:
Application
Letter of Intent
Property Owner Authorization
Restaurant Site/Floor Plans
Survey
Affidavit of Public Notice
Z:\Commission ltemsI2014\03-18-14\Special Use_Mellow Mushroom 2014\Special Use Restaurant eM Report_Mellow Mushroom _5701
Sunset Dr_3-7-14.docx
SIlvlOl'\] more choices<"
1'1 ALL S
January 08, 2014
City of SQuth Miami
City Hall
6130 Sunset Drive
South Miami, FL 33143
SHOPS
Shops at Sunset Place~ LLC.
225 W. WASHINGTON STREET
INDIANAPOLIS, IN 46204
,~ ~'.
.,
Re: Mellow Mushroom I The Shop atSun:set Place Mall
SUNSET PLACE
Shops at Sunset Placc,LLC acknowledges that its tenant Mellow Mushroom will perform
construction on the interior portion of their leased premises .and is fully responsible for all
aspect of this submittal and Bakery Associates dba The Shop at Sunset Place is only
cOlifirming approval of the interior renovation of the space,
Sincerely,
Shops at Sunset Place, LLC
Derrick Brown
Mall Manager
Shop at Sunset Place
DB:ps
CIty of South Miami
Planmng & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application/or Public Hearing be/ore Planning Board & City Commission
Mdre;:;s of Subject Property: J~> ~ F Sv.-v S\51',?v\,£;1,-3 Lot(s) <_< <_< « Block __ < Subdivision
"PrP l ~utJ>~ GtltJ\t 'fI ~A PB «_< <_"_< _<,<
Meets & Bounds:
Appli¢<lrit M/vt2./ U-C -Phone; 7 0 (. G~· {ittf,
Rep(eteritativ:e; $e~\t\'P el~q Organization: f1}1.?,U--C.
A:qq(i.'i$S; ~g<to SW g5"~"C Phone: f:~&' -S)b'3\ \¥
Ml(.1..h, j.:a..'?)\~< .,
«
Property Owner: SI{C? P.S C'g()~«'¥tA~Ji.:; Signature: I ) . < < < <L r:; ttA04.-Si-C\. sop~e:""O!Z\IJS :tt3'it> t.;.< ~.u;
Mailing Address: ~OVT~H1IAH I .:f c-'?>., '''1'3-Phone: 7(J~· G~3 .()<tg'2.
~
,
Ah:ihiteCUe1girieer; ~-'1wJ t?{~ • Phone: -q. 86 '<;~6. ~II-:¥ ...... ~.<~ . ..::-~ .... ;.
At;:'THE APPLICANt, pLEASE INDICATE YOUR RELAtiONSHIP TOTHIS PROJECT:
Owner .",... Owner'sRepresentative _Contract to PLlfcha.sE} . _Qptiontopurcnase ~TenanULes$ee ..
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: Pli~Ei CH~CKALL THAT APPLY:
Text Amendment to LDC Va'~hce «<~ alter of mtent -Y~CjaIUSe _ Zoning Map Amendment _ Justifications for change
_ PUD Approval _Spacial Exception _ Statement of hardship
<. < .. «<
_ PUD Major Change _Other (Waiver of Plat) « v:Proof of ownership or letter from owner
!. _ Power of attorney -
Briefly explain application and cite specific Code sections: _ Contract to purchase
V-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:
v/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 knowlcdge and belief,< • \ < /'.
_ ct.~·-4l?(Mr(~ _« _~R&l_ii~ ___ 0l-~rr ~l rw/y
Applicant's Signature and title Print Name J)ale
Upon receipt, applications and all submitted malerials 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.
r
OFFICE USE ONLY: J
Date Filed Date of PB Hearing Date of Commission ____ _
Petition Required Petition Accepted
_ Method of Payrnent_~=__ .H
Z:\Forms\Current Planning Department Forms\Planning Department Forrns\Planning Board\PB -Special Use Application -Revised 4-
30-2013.doc
JANUARY 8, 2014
Cily of South Miami
Building Department
City Hall
Second Floor
6130 Sunset Drive
South Miami, FI33143
320 E. Clayton Street #100/201
Athens, Georgia 30601
T: 706·613·0892
F: 706-613·0555
othens@mellowmushrooninfo.com
Re: Letter of Intent Regarding Retro Fitting of an Existing Restaurant Premises at the Shops of Sunset Place
and to Operate a Restaurant/Bar "Mellow Mushroom Pizza Bakers."
To Whom it May Concern:
I am the owner of a "Mellow Mushroom Restaurant" which is a casual dining concept, with sports related enter-
tainment, in Athens, Georgia. The restaurant serves various gourmet pizzas, as its center piece. Additionally, it
serves an array of appetizers, salads, soups, gourmet hoagies and desserts. HGI, which is the parenl company
of Mellow Mushroom, was founded in 1974 in Atlanta, Georgia and presently owns and franchises its restau-
rants. HGI is aggressively expanding and has units coast to coast In their portfolio. I intend to open several Mel-
low Mushroom Restaurants in Miami-Dade County, and after an extensive search, I have selected The City of
South Miami, to introduce the concept to greater Miami. This was in part due to my familiarity with this great
community and its commitment to excellence, its centralized location, and its vibrant downtown, which draws in
residents from the adjacent communities. I think the Mellow Mushroom Restaurant will provide a relaxing and
vibrant atmosphere for its patrons and will be an integral part of the growing restaurant community in the City of
South Miami.
If you need further information please contact my architect Mr. Sebastian Eilert aI786-556-3118 or me at 305-
609-1416. I look forward to working with all parties to expeditiously move this project forward. Thank you for your
attention to this matter.
Sincerely yours,
Vincent A. Landis
Project:
Project Number:
Owner:
Architect:
Conh'actor:
Date:
Mellow Mushroom -Sunset Place, South Miami
13-027 (S.RA.)
Vincent, Judy & Vincent Landis
Sebastian E;ilert Architecture, Inc
TBD
January 28, 2014
Mfidavit of Special Use notification mailings
SUST/\,If\lABlf
D(SIGN
+CONSULTING
This letter shall serve as proof, that I, Sebastian Eilert, AlA, principal of Sebastian Eilert
Architecture, Inc. have personally mailed the attached 2 sided letter as required under the
Special Use application of the City of South Miami for the above referenced project. The project
site is located at the Shops of Sunset Place, 5701 Sunset Drive, Space # A01A
South Miami, Florida 33143.
The letter was sent on January 28, 2014 via United States Postal Service. Mailing labels
were created and verified by Florida Real Estate Decisions, Inc" showing the required radius via
map. Original labels were previously provided to the City of South Miami as well.
There were 487 labels created. After duplicates, 209 letters were mailed out, induding 2
international recipients.
For additional questions, please do not hesitate to contact me.
Sincerely,
Sebastian Eilert, AlA, LEED AI>
'18'10 sw 8S ST
Miilmi, Fluria 33)) 3
T;1186) SS5 -3))8
seba s t ia n@seb..,li(lol:'ilf'rt.r()m
www,sebilstidf1eilerr.(om
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
M. ZALDIVAR. who on oath says that he or she is the
LEGAL CLERK. Legal Notices of the Miami Daily Business
Review f/k/a Miami Review. a daily (except Saturday. Sunday
and Legal Holidays) newspaper. published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -MARCH 18. 2014
in the XXX X Court.
was published in said newspaper in the issues of
03/07/2014
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, rebate. commission refund for the purpose
of securing this advertisement fa ublication in the said
newspaper.
14
MARIA MESA
Notary Public -State of Florida
My Comm. Expires Mar 4, 2016
Commission (; EE 168275
Bonded Through Natlonai N~ary Assn.
)
MIAMI HERALD I MiamiHerald.com
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY giver. !hal the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its
regular City Commlsson meeting scheduled fOr Tuesday. March 18, 2014 beginning at 7:00 p,m., in the City Commission
Chombers. 6130 S: .. mset Drive, to consider the following item(s):
(
I A Resolution related to a.request p!.Jrsua:'l! to Section 2Q..3.4(6)(4)(b) of the City of South Miami Land Development COd)
for Special Use Approval to oxpand a general restaurant at 5701 Sunset Orive. Shops at Sunset Place Unit A01A:
wl:hin the Specialty Retail "SR", Hometown District Overlay "HD-QV",
A Resolu:ion authorizing the City Manager to enter into a mufti-year contract with Redffex Traffic Systems Inc. fot proviciing
red light enforcement cameras and support at identified intersections within the City of South Miami.
A Resolution authorizing the City Manager to enter into a three (3) year contract with South Miami United F.C. Inc., for the
management of you:h soccer programs at Downrife/South Miami Park.
An Ordinance amending Section 4-2(a) of tl'1e City Code changing distance requirements regarding alcohol sale
and seNiee.
An Ordinance amending the land Development Code. Seo:;tion 20-6.1 (8)(2)(d) Changing the time of the Planning
Board meetings.
An Ordinance related to a request for a zoning map amendment to the City of South Miami official zoning map, to
re-zone the Agency owned property assemblage referred to as the Marshall Williamson properties. folio numbers
09-4025-000-0850; 09--4025-000-0852; and 09-4025-065-0090. from a currenl zoning designation of "RS~·'
(Single·Family) 10 the "AM-1S·' (low Density Multi-Family Residential) 10 allow for additional residential dweUing units
with'ln the MadiSon Square Mixed~Use Development Project.
All interested parties are :nvited :0 attend and wi!! be heard.
For fttrlher information. pJease contact the City Clerk's Office at: 305-653-6340.
Maria M. MenendeZ, CMC
City Clerk
PurSll<"ln! :0 FIClrida $tall!tes 285.0105. the Cltl! herf!~y advises the publIC thai if a person dec:des 10 appeal a.,y decision made by this Board.
A9flncy or Co>nmission with respect to any maaer considered at ils meeting or hearing. he or she wdl r.eed a record of the proceedings. and
It-oar for such purpose. affecrecl person may neeo to ensure that a veroalim reco~d of the proceedings !S made which record in:!udes the
tt!stiITlor:y alla evidence u;>o'"! which the appeaJ is 10 be bastl'd.
LEGEND:
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Mellow Mushroom
The Shops at Sunset Place
5701 Sunset Drive
South Miami, 33143, Unit AO 1A
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Architecture, Inc.
AR 92953, ID 5054,
A2GOO 1202
9840 S,W, 85th Str'eet
Miami, Florirla 33173
(786)556-3118
Tenant Build -Restaurant
Special Use Proposal
January 9, 2014
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')840 S.W. RS Street
M;~m,. Florid~ )) 17,l
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Scl>o.loIi:u)'lPScl>II>(jllnE,lor..",,~
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PROJECT;
Mellow Mushroom
Tenant Build -
Restaurant
Special Use Proposal
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PROJECT:
Mellow Mushroom
Tenant Build -
Restaurant
Special Use Proposal
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