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Ord. No. 07-07-1908ORDINANCE NO. 07 -07 -1908 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING SECTION 20- 3.3(D) AND SECTION 20 -7.12 OF THE SOUTH NIIANII LAND DEVELOPMENT CODE IN ORDER TO ALLOW A BOWLING ALLEY/ RESTAURANT/ ENTERTAINMENT CENTER AS A SPECIAL USE IN THE SR(HD -OV) SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Application No. PB -07 -004 was submitted to the Planning Department by L & M Enterprises of South Miami, Inc., said application requesting that Section 20- 3.3(D), Permitted Use Schedule and Section 20 -7.12 of the City's Land Development Code be amended to permit bowling alleys as a Permitted Use in the "SR(HD -OV)" zoning district; and WHEREAS, after review, the Planning Department recommended amending Section 20- 3.3(D) "Permitted Use Schedule," and Section 20 -7.12 entitled "Permitted Uses" of the City's Land Development Code to allow a bowling alley, restaurant, entertainment center as a permitted use; and WHEREAS, on January 30, 2007 after Public Hearing regarding the proposed amendment to LDC Section 20- 3.3(D) and Section 20 -7.12 the Planning Board approved a motion by a vote of _4 ayes 2 nays recommending that a bowling alley, restaurant, entertainment center as a permitted use in the "SR "and the "Hometown Overlay District "; and WHEREAS, the City Commission at its March 20 2007 meeting adopted a motion amending the proposed ordinance to indicate that Section 20-3.3(D), Permitted Use Schedule and Section 20 -7.12 of the City's Land Development Code be amended to permit a bowling alley, restaurant, entertainment center as a Special Use in the "SR HD -OV " zoning district NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land Development Code is hereby amended to read as follows: Section. 20 -3.3 (D) Permitted Use Schedule BUSINESS AND PROFESSIONAL SERVICES Bowling Alley Or Skating Rink Bowling Alle /Restaurant/Entertainment S ZONING DISTRICT 11 16 16 R L M N S G T T T T T H P P C P O O O R R R O 0 0 0 0 I R O A USE TYPE D D D D D N R D D D D D D K M M L P P U U I I R 4 5 4 BUSINESS AND PROFESSIONAL SERVICES Bowling Alley Or Skating Rink Bowling Alle /Restaurant/Entertainment S S 11 16 16 Center Ord. No. 07 -07 -1908 (2) * Parking requirement category 16 requires 5 spaces per alley or per 500 sq ft of rink area (Note: New wording in bold - underlined) Section 2 That Section 20 -7.12, entitled, "Permitted Uses "," of the South Miami Land Development Code is hereby amended to read as follows: Hometown Overlay District 20 -7.12 Permitted uses. The uses below are applicable to both new and existing buildings in the Hometown District: USE TYPE: Unadjusted Parking Requirements: 1 parking space required per: A. Storefront Uses Antique or Curio Shop 300 SF Bakery 300 SF Bank or Savings 300 SF Institution Beauty or Barber Shop 300 SF Bicycle Sales & 300 SF Services Book or Stationery 300 SF Store Bowing 100 SF for rest. AlleylRcstaurant 5_spaces for each Entertainment Center alle Bus, Transit or Taxi 400 SF Terminal Bus, Machine Sales & 300 SF Services (Note: New wording in bold - underlined) Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5.This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 2 0 th day of March , 2007 Ord. No. 07 -07 -1908 {3) ATTEST: '-Cl2Y CLERK 1St Reading- 3/6/07 2nd Reading- 3/20/07 READ AND APPROVED AS TO FORM: CITY RNEY P:IComm Ttems1200713- 20- 071PB -07 -004 LDC Amend Bowling in SR Ord -doe A nMT) nt TUr"N . Commission Vote: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: yea Commissioner Beckman: Yea South Miami Aid- America City CITY OF SOUTH MIAMI 11111, OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM 200' To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Director Date: March 20, 2007 � .2 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING SECTION 20- 3.3(D) AND SECTION 20 -7.12 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO ALLOW A BOWLING ALLEY / RESTAURANT/ ENTERTAINMENT CENTER AS A PERMITTED USE IN THE SR(HD -OV) SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE Request The applicant, L & M Enterprises of South Miami, Inc., is proposing to open a new establishment entitled "Splitsville" in the Shops at Sunset Place, which is within the "SR(HD -OV ", Specialty Retail Hometown District Overlay Zone. The business is a combination bowling alley and restaurant. The current Permitted Use Schedule in the Land Development Code allows bowling alleys and skating rinks as special uses in only one zoning district, the "GR ", General Retail District, which primarily covers property facing S. Dixie Highway and Bird Road. The applicant's request is to permit bowling alleys as a Permitted Use (matter of right) in the "SR(HD -OV)" zoning district. It is important to note that the submitted application is a request to change the general text of the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in the zoning use district in which the use would be allowed. Staff Observations (1) The applicant's specific request would permit bowling alleys and skating rinks as a "P" permitted use (matter of right) in the SR and the Hometown Zoning District. There would be no special use hearings or conditions applied to a proposed development. (2) Staff is concerned that future development in the Hometown / SR zoning area could result in bowling alleys and skating rinks being developed without the extra scrutiny provided by the special use category. (3) The applicant's proposal of a high -end bowling alley/ entertainment use is very different from the standard recreational bowling establishments located on major arterial streets and highways. It is suggested that the type of facility planned by the applicant be listed as a separate use from the bowling alley/ skating rink category. (4) The staff proposed that a new separate category, entitled "Bowling Alley/Restaurant/Entertainment Center" be listed as "P" use in the "SR" zone on the Permitted Use Schedule and on the list of use permitted uses set forth in the Hometown Overlay District Sec. 20 -7.12. It is important to note that any future similar uses would still be subject to special use procedures because all restaurants are special uses. (2) Planning Board Action The Planning Board at its January 30, 2007 meeting, after public hearing, voted 4 ayes 2 nays (Mr. Morton, Mr. Davis) to recommend approval of the proposed amendment to allow a "bowling alley /restaurant/entertainment center "as a permitted use with the SR and (HD -OV) zoning districts. Recommendation It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to allow a "bowling alley /restaurantientertainment center "as a permitted use with the SR and (HD -OV) zoning districts be approved as recommended above by staff. Backup Documentation: Draft Ordinance Planning Department Staff Report 1- 30--07 Application Letter of Intent Excerpt Planning Board Minutes 1 -30 -07 Public notices JD/SAY P:1Comm Itemsl200713- 20- 071PB -07 -004 LDC Amen Bowling in SR CM Report.doc r4 V � INCORPORATED rr 797 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Julian Perez Planning Director South Miami Aff Amedca City I., 2001 Date: January 30, 2007 RE: LDC Amendment Permit Bowling Alley in SR District PB -07 -004 Applicant: L,& M Enterprises of South Miami, Inc. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING SECTION 20- 3.3(D) AND SECTION 20 -7.12 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO ALLOW A BOWLING ALLEY AS A PERMITTED USE IN THE SR(HD- OV) SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE SUMMARY The applicant, L & M Enterprises of South Miami, Inc., is proposing to open a new establishment entitled "Splitsville" in the Shops at Sunset Place, which is within the "SR(HD -OV ", Specialty Retail — Hometown District Overlay Zone. The business is a combination bowling alley and restaurant. The current Permitted Use Schedule in the Land Development Code allows bowling alleys and skating rinks as special uses in only one zoning district, the "GR ", General Retail District, which primarily covers property facing S. Dixie Highway and Bird Road. The applicant's request is to permit bowling alleys as a Permitted Use (matter of right) in the "SR(HD -OV)" zoning district. It is important to note that the submitted application is a request to change the general text of the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in the zoning use district in which the use would be allowed. STAFF OBSERVATIONS (1) The applicant states in a Letter of Intent that the proposed bowling alley will be part of an high end entertainment establishment which will include a restaurant lounge. A separate application requesting special use approval of the restaurant element has also been submitted. The applicant further states that a bowling alley is compatible with the entertainment hub which is developing in the Hometown Zoning District. (2) The applicant's specific request would permit bowling alleys and skating rinks as a "P" permitted use (matter of right) in the .SR and the Hometown Zoning District. There would be no special use hearings or conditions applied to a proposed development. (3) The current Permitted Use Schedule allows bowling alleys and skating rinks in the GR zone as a "S ", special use which requires a review procedure (public hearings) and allows the City to add conditions. LDC Amendment Permitted Use Amendment January 30, 2007 It is assumed that the special use category was assigned because of the proximity of the GR zone to residential zoning districts. (4) Staff is concerned that future development in the Hometown / SR zoning area could result in bowling alleys and skating rinks being developed without the extra scrutiny provided by the special use category. (5) The applicant's proposal of a high -end bowling alley/ entertainment use is very different from the standard recreational bowling establishments located on major arterial streets and highways. It is suggested that the type of facility planned by the applicant be listed as a separate use from the bowling alley/ skating rink category. The specific amendment containing the staff's recommendation is shown below. SPECIFIC LDC AMENDMENTS In order to accomplish what is requested in the application Section 20- 3.3(D) Permitted Use Schedule and Section 20 -7.12 must be amended as follows: Cz ,. ,. +:,... 7!l Z 2 (Tl\ po�•mi # #url T7cP crh Pr�lliP sJG4I.1V11 LrV - ✓..+ ti+ --- Unadjusted Parking Requirements: I parking space required per: A. Storefront Uses Antique or Curio Shop 300 SF ZONING 300 SF DISTRICT Bank or Savings Institution 300 SF 11 Ib R L M N S G T T T T T H P P C P' O O OR R R O 0 0 0 0 I R O A 16 Center D D D D D N RI USE TYPE D D D D D D K i M M L P P U U I I R 4 5 1 4 -OFTenv 'Vec p77nFT.cCTC11�TeT. C�.RVTf'F.� Bowling Ailey Or Skating Rink Unadjusted Parking Requirements: I parking space required per: A. Storefront Uses Antique or Curio Shop 300 SF Bakery 300 SF Bank or Savings Institution 300 SF 11 Ib S Bowline Alley /Restaurant /Entertainment P 16 Center * Parking requirement category 16 requires 5 spaces per alley or per 500 sq ft of rink area (Note: New wording in bold - underlined) Hometown Overlay District 20 -7.12 Permitted uses. The uses below are applicable to both new and existing buildings in the Hometown District: USE TYPE: Unadjusted Parking Requirements: I parking space required per: A. Storefront Uses Antique or Curio Shop 300 SF Bakery 300 SF Bank or Savings Institution 300 SF LDC Amendment Permitted Use Amendment January 30, 2007 Beauty or Barber Shop 300 SF Bicycle Sales & 300 SF Services Book or Stationery 300 SF Store Boeing 100 SF for rest. Alley/Restaurant S spaces for each Entertainment Center alley Bus, Transit or Taxi 400 SF Terminal Bus, Machine Sales & 300 SF Services (Note: New wording in bold -underlined) RECOMMENDATION: It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to allow a bowling alley as a permitted use with the SR (HD -OV) zoning districts be approved as recommended above by staff. Attachments: Application Applicant's Letter of Intent Public notices JP /SAY P:tPBTB Agendas Staff Reports12007 Agendas Staff Reportsll - 30- 071PB -07 -004 LDC Amend Bowling in SR.doc City of ,South Miami PlannlqMning Department City Hall, 6136 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 5701 Sunset Drive Lot(s) Block Subdivision C^arvarg Suite 212 PB - 6-- - 7-3-6 Please see full legal Meets & Bounds: Applicant: L &M Enterprises of South Phone: ( 407) 425 -6826 Ext. 23 7F " Representative: Lauren M. Harper, Esq. Organization: Shutts & Bowen LLP 201 S. Biscayne Blvd., Suite 1500 Address: Miami, FL 33131 Phone: ( 305) 358 -6300 Property Owner: Bakery Associates, Ltd., aSignature: Florida Limited Partnership Mailing Address: Phone: (31 7) 636-1600 225 W. waghington St-, Tndianar>olis.- IN 15204 ArchitectfEngineer: Ray Schaefer Phone: (4 07) 351 -8787 Maverick Architecture and Design AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase Option to purchase X Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: _ PLEASE CHECK ALL THAT APPLY: _X Text Amendment to LDC _Variance Letter of intent —Zoning Map Amendment _Special Use Justifications for change _ PUD Approval — Special Exception _ Statement of hardship _ PUD Major Change _Other (Waiver of Plat) _X 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 Text Amendment to Permitted Use Schedule to allow a bowling alley use as a "permitted use' signed /1 reduced copy @ 11" x 17 ") _X ib copies of- Slte4lla� Floor Plans within the Specialty Retail Hometown District Overlay Zoning district. 1 reduced copy@ 11" x 17" 20% Property owner signatures Section: Subsection: Page #: Amended Date: .X Mailing labels (3 sets) and map _X Required Fee(s) Sections: 20 -5.7; 20- 3.3(D); 20 -7.12 -* Ai5o iviaudes wovid Level Floor P141tis -(6 The undersigned has read this completed application and represents that the information and all submitted materials are true Sunee and correct to the best of the applicant's knowledge and belief. �QCf I 'Z. � 1 R Applicant's Si Upon r other applicable OFFICE USE ONLY: Date Filed Petition Required Method of Pavment 1111/05 rnennrc 1ROXOG i Bate ions and all submitted materials will be reviewed for compliance with the Land Development Code and pplications found not in compliance will be rejected and returned to the applicant. Date of PB Hearing Date of Commission Petition Accepted SHUTTS BOWEN LLP ATTORNEYS AND COUNSELLORS AT LAW LAUREN M. HARPER, ESQ. (305) 415 -9496 Direct Telephone (305) 415 -9896 Direct Facsimile December 28, 2006 Mr. Sandy Youkilis, AICP Planning & Zoning Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 E -MAIL ADDRESS: iharpeT@shutts-law.com Re: Letter of Intent and Justification/Text Amendment to Permitted Use Schedule Dear Mr. Youkilis: This firm represents L &M Enterprises of South Miami, LLC ( "Applicant "), a tenant at the Shops of Sunset Place ( "Sunset Place "), with a lease -hold interest in approximately 25,000 square feet of space located on the second level of Sunset Place. The Applicant's project within Sunset Place has a physical address of 5701 Sunset Drive, Suite 212, City of South Miami ( "City ") and lies within the Specialty Retail ( "SR ") zoning district as well as the Hometown District Overlay ( "HDO "). The HDO, which is located within the City's downtown area, encompasses the entire SR zoning district as well as a small section of property to the south of the SR district, and is bound by South Federal Highway to the north and west, S.W. 57th Avenue to the east and approximately by S.W. 7411' Terrace to the south. I. The Request The Applicant hereby requests that the City approve a Text Amendment to the Permitted Use Schedule of the City's Land Development Code ( "LDC ") to allow a bowling alley use as a permitted use within the SRIHDO zoning district (the "Text Amendment "). The Applicant proposes the following specific text change to the City's LDC: A. Section 20- 3.3(D)/Permitted Use Schedule: Insert a "P" (which is the notation for "Permitted by Right ") at the intersection of the "Zoning District" column. for "SR," and the "Use Type" column for `Bowling Alley or Skating Rink." 1500 MIAMI CENTER • 2€11 SOUTH BISCAYNE BOULEVARD - MIAMI, FLORIDA 33131 • TELEPHONE (305) 358 -6300 • FACSIMILE (305) 381 -9982 • WEBSITE: www,shuns- law.com MIAMI PnRT I A IMP Rr)A IF WFGT PAI M RFAf_W n.7 AVT 14 —. —I...— inwrn.+» Mr. Sandy Youkilis, AICP December 28, 2006 Page 2 II. Justification for Text Amendment A bowling alley is an ideal supplementary use for the limited parameters of the SR/HDO zoning district and should be permitted through the Text Amendment. First, such a use is compatible with the various uses within and surrounding the SR/HDO zoning district. The SR/HDO district and the surrounding areas embody the retail and entertainment hub of the City and include among other uses, an interactive arcade, movie theater, sports bar /restaurant, as well as a variety of restaurants and specialty stores. Furthermore, permitting a bowling alley use within the SR/HDO zoning district would improve the economic and social vitality within the City's downtown center, a main objective behind the creation of the HDO. III. Specific Project Affected by Proposed Amendment: Splitsville The Applicant requests the above Text Amendment so that it may construct a bowling alley within Splitsville, an entertainment/restaurant concept for their second level space within Sunset Place. Splitsville introduces not just bowling, but a high -end bowling and restaurant lounge to the City that both compliments and enhances the City's downtown area. Although Splitsville is a bowling- themed concept, eighty (80) percent of Splitsville's business is derived from food and beverage sales. The attached floor plan for the proposed Splitsville project at Sunset Place, prepared by Maverick Architecture & Design, shows that Splitsville will include fourteen (14) bowling lanes, a bar, a sushi counter as well as lane -side, dining room and exterior dining. Splitsville targets a diverse demographic ranging from children and families during the day to an older, sophisticated segment of the population at night. Splitsville also generates significant business by holding events for corporations. The same owner as Dan Marino's Fine Foods & Spirits within Sunset Place, the Applicant has a proven track record for creating quality projects and has already successfully opened a Splitsville facility within Channelside in Tampa. We appreciate your attention to this matter and look forward to your favorable review and recommendation in connection with this application. Please do not hesitate to contact us should you have any questions. LMH/gw Attachments cc: Mr. Mark Gibson Mr. Tom Hanchar Mr. Gregory E. Zimmerman Rise A. Friedman, Esq. Judith A. Burke, Esq. Maria A. Gralia, Esq. MIADaCS 1901057 1 Very truly yours, Lauren M. Harper SFii}TiS & BOWEN UP NLLAML FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMS'MRDAM LONDON SIMONDI PROPERTY December 18, 2006 Mr. Sandy Youkilis, AICP Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Shops at Sunset Place Lease by and between Shops at Sunset, LLC ( "Landlord ") and L &M Enterprises of South Miami, LLC ( "SplitsviIle ") for premises located at The Shops at Sunset Place (the "Project ") Dear Mr. Youkilis: Bakery Associates LTD., a Florida limited partnership ( "Owner") is the fee owner of the Project. Pursuant to a long -term ground lease by and between Owner and Landlord, Landlord operates the Project and is authorized to enter into leases. Owner desires to have Splitsville as a tenant at the Project, and Owner hereby approves the following applications that Splitsville will submit to the City of South Miami (the "City ") Planning and Zoning Department: 1. Text Amendment to the Permitted Use Schedule of the City's Land Development Code to allow a bowling alley use as a "permitted use" within the Specialty Retail/Hometown District Overlay ( "SR/HDO ") zoning district; and 2. Special Use Permit to approve a restaurant use within the SR/HDO zoning district. We appreciate the City's review of these matters. We believe that Splitsville will be a good addition to the Project and the City. Very truly yours, BAKERY ASSOCIATES, LTD., a Florida limited partnership By: SIMON PROPERTY GROUP, L.P., a Delaware lid partnership, its general partner By: SIMO PR i PERTY GROUP, INC., a Delaware , ozAo io n, its general partner M 225 West Washington Street Indianapolis, IN 46204 31763616€301 www.simonxom Simon, Chief Executive Officer CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 30, 2007 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:32 P.M. Action: The Pledge of Allegiance was recited in unison. IL Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis, Mr. Farfan, Ms. Young, and Ms. Lahiff. Board member absent: Ms. Yates. City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), Eve Boutsis (City Attorney), and Christian Moya (video Support). N. Planning Board Applications I Public Hearing PB -07 -004 Applicant: L & M Enterprises of South Miami, Inc. Location: 5701 Sunset Dr. (Shops at Sunset Place) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING SECTION 20- 3.3(D) AND SECTION 20 -7.12 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO ALLOW A BOWLING ALLEY AS A PERMITTED USE IN THE SR(HD -OV) SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE Action: Mr. Morton read the Ordinance into the record. Planning Board Meeting January 30, 2007 Page 2 of 4 Mr. Youkilis explained that the applicant, L & M Enterprises of South Miami, Inc. is proposing to open a new establishment entitled "Splitsville" in the Shops at Sunset Place, which is within. the "SR(HD -OV ", Specialty Retail — Hometown District Overlay Zone. The business is a combination bowling alley and restaurant. The current Permitted Use Schedule in the Land Development Code allows bowling alleys and skating rinks as special uses in only one zoning district, the "GR ", General Retail District, which primarily covers property facing South Dixie Highway and Bird Road. The applicant's request is to permit bowling alleys as a Permitted Use (matter of right) in the "SR(HD- OV)" zoning district. Mr.Youkilis noted that the submitted application is a request to change the general text of the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in the zoning use district in which the use would be allowed. Mr. Youkilis advised that the applicant states in a Letter of Intent that the proposed bowling alley will be part of a high end entertainment establishment which will include a restaurant lounge. A separate application requesting special use approval of the restaurant element has also been submitted. The applicant further states that a bowling alley is compatible with the entertainment hub which is developing in the Hometown Zoning District. The applicant's specific request would permit bowling alleys and skating rinks as a "P" permitted use (matter of right) in the SR and the Hometown Zoning. Mr. Youkilis further advised that staff is concerned that future development in the Hometown / SR zoning area could result in bowling alleys and skating rinks being developed without the extra scrutiny provided by the special use category. The applicant's proposal of a high -end bowling alley/ entertainment use is very different from the standard recreational bowling establishments located on major arterial streets and highways. It is suggested that the type of facility planned by the applicant be listed as a "Bowling Alley/Restaurant/Entertainment Center" instead of being included in the bowling alley/ skating rink category. The specific recommendation was as follows: Section 24 -3.3 (D) Permitted Use Schedule ZONING DISTRICT R L M N S G T T T T T H P P C l O O O R R R O O O O O I R O, USE TYPE D D D D D N l D D D D D D l M M L P P U U I I R 4 5 4 1RTTQT1VTi.G.0 ATSM PRCIFFCCTCINAT. fiF.RVt F.0 Bowling Alley Or Skating Rink S l l 1 Bowline Alley/Restaurant/Entertainment P 1 Center * Parking requirement category J requires -A) spaces per alley or per Juu sq rE or nnx area (Note: New wording in bold - underlined) Planning Board Meeting January 30, 2007 Page 3 of 4 Recommendation: Staff recommended that the request to amend the Land Development Code's Permitted Use Schedule and the SR(HD -OV) zoning district to allow a bowling alley, restaurant, entertainment center as a permitted use be approved as recommended above by staff. Applicant: Ms. Lauren Harper, Esq. of the law firm. of Shutts & Bowen 201 S. Biscayne Blvd., stated that she and Ms. Maria Gralia, Esq. represented the applicant. She explained that the proposal would fit in with the type of high end entertainment uses which are now locating in the South Miami downtown. Ms. Harper advised that this same restaurant is operating very successfully in downtown Tampa. Ms. Harper introduced Ray Schaefer, the project architect who discussed the concept of mixing bowling and restaurants. He also showed photographs of the Tampa facility and explained the quality of the design and furniture. Mr. Schaefer also pointed out that a special consultant had been used to test if sound from the bowling alley would affect other uses in the Shops. The result was that there would be no spill -over sound. Ms. Beckman asked if the company would consider an employment program insuring that a percentage of jobs be made available to South Miami residents. The Chair pointed out that he was concerned that if the "P" permitted as of right category instead of the "S" category is used there would be no public hearings or city oversight on a future proposal in the SR. Mr. Youkilis responded that this new type of facility must have a restaurant and restaurants must go through the special use hearing process. Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT/OPPOSE Frank Mazzotti 5723 SW 72 Str - - - - -- Mr. Mazotti explained that he lived in a Shops condo unit to the west of the proposed establishment and that the condo owners were concerned about the bowling sound coming into their units. David Tucker 6556 SW 78 Terrace support Mr. Tucker encouraged the applicant to allow community activities at the establishment and that they should be careful about hiring bartenders. Tucker Gibbs, Esq. 215 Grand Ave. - - - - - -- Mr. Gibbs advised that he represents the 25 North LLC, owner of over twenty of the condo units at the Shops. Their primary concern is the sound. He has a copy of the applicant's noise report but they will need to have their own experts review this issue before they would support the proposal. Valerie Burns 6031 SW 85 Str. -- - - - - -- Ms. Burns stated that she was part owner of several units and that they feel that the proposed establishment would be an excellent addition to the Shops, however, they need to check with their noise experts before they could give a 100% support. Planning Board Meeting January 30, 2007 Page 4 of 4 Leith Sandaval 5757 Sunset Drive - - - - - -- Ms. Sandival stated that she is a unit owner and was concerned about the noise and wanted assurance that the noise would stop at 11 PM. Alex Hanuszkieare 5729 Sunset Dr. opposed Mr. Hanuskieare explained that he owned three units and that in the past they have had noise problems from construction work, and that parking is a problem. Maria Gralia 205 S. Biscayne Blvd. - - - - -- Ms. Gralia representing the applicant explained that they will do everything possible to make sure that the facility will not disturb the residents. Chairman Morton closed the public hearing During discussion Ms. Young expressed concern about the noise and felt that the acoustical engineer's report was not definite enough to assure that noise did not affect the residential area. Mr. Youkilis explained that the existing parking category (No. 16) for bowling alleys was used (5 spaces per alley) and that the bowling use and the restaurant use total parking requirement was actually less than if the business was only a restaurant. Action. Ms. Beckman made a motion to recommend approved of the proposed ordinance as recommended by staff. The motion was seconded by Ms. Young. The motion was adopted by a vote of 4 ayes 2 nays (Mr. Morton, Mr. Davis). {\ )$�k\ � a! ? 4 �E §! d l ;h §{ » Z ) LLJ! !! Waltam �l�.a , , - �! � ;p %; ;:�� 11111 �g1 W.R !; ; @ ;�` ° ! K / \ >! ;; / a#. ! - _ a % -,.I: j 3§ a# /IM oe _ of ] <e / {k ! = / 111sellSO U - 2� \ § $\ [\ ~ 2� k)\tl,�s !,• I ! , 5 k; I§\ - \/ () ( { / /kk!) ;gist 22 §� /) ENTERTAIiVMENi DtNIthAYAYWML1JCUUOCnv RETAIL ( HOMETOWN DISTRICT OVMLK zCNE DISTRICT A RESOLUTION .RELATING TO A REQUEST_ PURSUANT TO SECTION 20 3.4(Bj(*) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO 13E CALLED SPLITSVILLE IN THE 'SR (HD -OV) ° SPECIALTY RETAIL HOMETOWN - 'DISTRICT OVERLAY ZONING DISTRICT t.. SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS ATSUN5ET PLACE). A RESOLUTION REIATING TO A REQUEST FOR VARIANCES FROM SECTION 20-3.5(E} OF THE LAND DEVELOPMENT CODE IN 'ORDER TO.ALLOW THE CONSTRUCTION.OF.A ONE STORY SINGLE FAMILY HOME ON PROPERTY LOCATED ATBB16 SW 63 STREET, SOUTH MIAMI, FLORIDA, WRHIN THE RS-4 SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT;;THE VARIANCE REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10 INCHES }NHERE AMlNIMUM OF.25 FEET I$ REQUIRED a w:6imnw axiATINIC TO A REDUEST.FOR TWO.VARIANCES FROM SECTION 20-3.58 OF THE LAND DEVELOPMENT CODE IN utwttt W ALLOW . 'THE CONSTRUCTION OF A ONE STORY SINGLE FAMILY NOME ON PROPERTY LOCATEDAT 6350 SWWAVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE RS4 -...:,SINGLE FAMILY -RESIDENTIAL ZONING..USE DISTRICT; THE VARIANCES . REQUESTED ARE:.(1) A VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING SlTE.TO BE '4796 £'SQUARE FEET WHERE A MINIMUM LOT SIZF.OF MOD ,;SQUARE FEET IS REQUIRED AND 47 FEET OF. FRONTAGE WHERE 60 FEET IS ' REQUIRED; 0 A VARIANCE TO PERMIT THE STREET SIDE YARD ,SETBACKTO BE 13 FEET 91NCHES WHERE 15 FEET IS REQUIRED. A RESOLUTION RELATING TO THE ISSUANCE OF A'CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 2a5.i9{la(3} OF, THE LAND DEVELOPMENT CCpE TO 'PERMIT THE INSTALLATION OF A SIGN ON A ' COMMERCIAL BUILDING LOCATEDAT 5TA S. DIXIE HIGHWAY A DESIGNATED _ HISTORIC SITE (AMSTER PRCPERHESJ. ` A BESOLU IL1N AEt.ATING TD THE ISSUANCE OF A CEnFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5,1993) OF THE LAND " DEVELOPMENT CODE TO PERMIT THE INSTALLATION OF A DOOR AT THE 5W 7 PROPEFTY IN A SINGLE CAMBRIDGE LAWINS HISTORIC DILSTRI O.AT 6251 CT `A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20.5.19(q{3j OF THE LAND DEVELOPMENT CODE TO PERMIT THE INSTALLATION OF A DRIVEWAY CAR CANOPY 114 A SINGLE FAMILY RESIDENCE LOCATED AS 6142 SW 6M STREET WrHN THE CAMBRIDGE }AWNS HISTORIC DISTRICT. If you have any inquiries on the ahave items please contact the City Clek s once at:' 305- 663.6326. ALL irhoiestea partles are invited to attend and will be heard.j Mada M, Menendez, CMC — Ctiy Clerk Po waon rT ade ylhis BOardt ,OA9'1Camu nn nth ra�spxtta YmaMere oneredrts m$eps4g d - ,er anng to w she w9 need a recagd of the prxeedings, end akat fior acL P1BF088, aflecied peen may reed,W eM1�rePoal,aNerbati7Tfamrd a€ lyapf e Ings is made.,wbkc recerd mc[udesihe lestimeny and �6ndehcByltah VdeEil tha�e�eal dt6lJl E894d. �� - C... -� d -�- c..1- J - : I. - 43 EIGHBORS CALENDAR ° Goulds,free305- 234 -4946 or i ndividu alsoanpanicipateint6epro- - 365- 234.1673.= :'= gramto learn 'howto tandem bike; 9__ SCc €alltesc AsocW groupfor mildly -_`- a.m. Saturdays; Chalfanger Park, `: disgloled young adults 1h their 20s- - ' ... Northeast165th Street and lSth Ave- z 40s, feat6res trips to bovvllng416Ys -: "nue,NairthMiami Beach; free. _ _ andtheaters.305 -275 9565.:.305 948 -2957 'c Tandem Blking:Visualbrimpaired �d 4 a COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA - On Tuesday, March 20 2001; $agimiiiit at 730 p.m., in the C!ty Commission Chambers, 6130 Sunset DAM the City. Cgmmisecon Wil. hold Public Hearings to consider ihefollawing tems: AN ORDINANCE RELAING TO A REQUEST TO AMEND THE OFFICIAL 70NING .. Y MAP OF. THE CITY OF SOUTH. MIAMI LAND. DEVELOPMENT: CODE BY 7 DESIGNATING A COMMERCIAL BUILDING LOCATEi3AT 5800 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIGPRESERVATION OVERLAY ZONE (HP -OVj OVER THE EOSTINGZONING USE DISTRICT FOR THIS PROPERTY, - - AN ORDINANCE RELATINGTO CREATING SECTION 6A OF THE CITY'S CODE OF, ORDINANCES ENTITLED 'CODE -OF ETHICS". SO.INCLUDE SECTION RA-Z, WHICH SECTION SHALT BE.ENTTTLEO. :.'CODE OF;CONDUCT FOR -ALL PUBLIC -. AN ORDINANCE RELATED TO THE PEWTTED USE SCHEDULE BY AMENDING; SECTION AND SOIJTX AURANiTI N2FKrr ADD IN ORDER TO �, ENTERTAIiVMENi DtNIthAYAYWML1JCUUOCnv RETAIL ( HOMETOWN DISTRICT OVMLK zCNE DISTRICT A RESOLUTION .RELATING TO A REQUEST_ PURSUANT TO SECTION 20 3.4(Bj(*) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO 13E CALLED SPLITSVILLE IN THE 'SR (HD -OV) ° SPECIALTY RETAIL HOMETOWN - 'DISTRICT OVERLAY ZONING DISTRICT t.. SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS ATSUN5ET PLACE). A RESOLUTION REIATING TO A REQUEST FOR VARIANCES FROM SECTION 20-3.5(E} OF THE LAND DEVELOPMENT CODE IN 'ORDER TO.ALLOW THE CONSTRUCTION.OF.A ONE STORY SINGLE FAMILY HOME ON PROPERTY LOCATED ATBB16 SW 63 STREET, SOUTH MIAMI, FLORIDA, WRHIN THE RS-4 SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT;;THE VARIANCE REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10 INCHES }NHERE AMlNIMUM OF.25 FEET I$ REQUIRED a w:6imnw axiATINIC TO A REDUEST.FOR TWO.VARIANCES FROM SECTION 20-3.58 OF THE LAND DEVELOPMENT CODE IN utwttt W ALLOW . 'THE CONSTRUCTION OF A ONE STORY SINGLE FAMILY NOME ON PROPERTY LOCATEDAT 6350 SWWAVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE RS4 -...:,SINGLE FAMILY -RESIDENTIAL ZONING..USE DISTRICT; THE VARIANCES . REQUESTED ARE:.(1) A VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING SlTE.TO BE '4796 £'SQUARE FEET WHERE A MINIMUM LOT SIZF.OF MOD ,;SQUARE FEET IS REQUIRED AND 47 FEET OF. FRONTAGE WHERE 60 FEET IS ' REQUIRED; 0 A VARIANCE TO PERMIT THE STREET SIDE YARD ,SETBACKTO BE 13 FEET 91NCHES WHERE 15 FEET IS REQUIRED. A RESOLUTION RELATING TO THE ISSUANCE OF A'CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 2a5.i9{la(3} OF, THE LAND DEVELOPMENT CCpE TO 'PERMIT THE INSTALLATION OF A SIGN ON A ' COMMERCIAL BUILDING LOCATEDAT 5TA S. DIXIE HIGHWAY A DESIGNATED _ HISTORIC SITE (AMSTER PRCPERHESJ. ` A BESOLU IL1N AEt.ATING TD THE ISSUANCE OF A CEnFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5,1993) OF THE LAND " DEVELOPMENT CODE TO PERMIT THE INSTALLATION OF A DOOR AT THE 5W 7 PROPEFTY IN A SINGLE CAMBRIDGE LAWINS HISTORIC DILSTRI O.AT 6251 CT `A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20.5.19(q{3j OF THE LAND DEVELOPMENT CODE TO PERMIT THE INSTALLATION OF A DRIVEWAY CAR CANOPY 114 A SINGLE FAMILY RESIDENCE LOCATED AS 6142 SW 6M STREET WrHN THE CAMBRIDGE }AWNS HISTORIC DISTRICT. If you have any inquiries on the ahave items please contact the City Clek s once at:' 305- 663.6326. ALL irhoiestea partles are invited to attend and will be heard.j Mada M, Menendez, CMC — Ctiy Clerk Po waon rT ade ylhis BOardt ,OA9'1Camu nn nth ra�spxtta YmaMere oneredrts m$eps4g d - ,er anng to w she w9 need a recagd of the prxeedings, end akat fior acL P1BF088, aflecied peen may reed,W eM1�rePoal,aNerbati7Tfamrd a€ lyapf e Ings is made.,wbkc recerd mc[udesihe lestimeny and �6ndehcByltah VdeEil tha�e�eal dt6lJl E894d. �� - C... -� d -�- c..1- J - : I. -