Res No 134-13-13952RESOLUTION NO. 134 -13 -13952
A Resolution related to a request pursuant to Section 20-
7.6(C)(2)(b) of the City of South Miami Land Development Code
requesting a Special Exception waiving strict compliance with the
provisions of the Hometown District Overlay parking requirements,
to locate a general restaurant at 5818 South Dixie Highway within
the Specialty Retail "SR ", Hometown District Overlay "HD -OV ".
WHEREAS, Rice South Miami, LLC has submitted Application No. PB -13 -016
requesting approval of a special exception to the required number of parking spaces to establish
a restaurant located at 5818 South Dixie Highway within the SR (HD -OV) zoning district, said
project to include 38 restaurant seats within approximately 4,000 square feet of restaurant space,
requiring a total of 40 parking spaces; and
WHEREAS, the applicant is requesting special exceptions waiving strict compliance
with the Hometown District Overlay parking requirements; and
WHEREAS, the proposed restaurant location is an existing building built in 1948 and
nonconforming to the City's current parking requirements; and
WHEREAS, the applicant proposes 1 parking space per 2.25 restaurant seats, which
translates into 17 total parking spaces; 9 onsite spaces provided, and paying annually into the
Hometown District Parking Fund for the remaining 8 parking spaces; and
WHEREAS, staff recommended 1 parking space per 2 restaurant seats for a total of 19
parking spaces; and
WHEREAS, a special exception request in the Hometown Overlay District requires the
Planning
Board's recommendation and approval by the City Commission; and
WHEREAS, after review and consideration, the Planning Department recommended
approval of the application with conditions; and
WHEREAS, at its June 11, 2013 meeting the Planning Board after public hearing
voted unanimously to recommend approval of the special exception for 21 parking spaces;
19 spaces to be provided by the applicant with specific conditions; and
WHEREAS, the applicant will enter into a parking agreement and pay annually into
the Hometown District parking fund for those remaining spaces not provided on -site; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Res. No. 134-13-13952
Section 1. That the proposed special exception for a parking waiver of 21 parking spaces
needed to locate and operate a general restaurant at 5818 South Dixie Highway advances the
economic development of the City and is compatible with land use, density, and design
criteria established for the Hometown District, as set forth in Sec.20 -7.51, Land
Development Code which includes seven criteria necessary for approving special exceptions:
The proposed development contributes to, promotes and encourages the improvement of
the Hometown District and catalyzes other development as envisioned in the Hometown
District regulations.
2. The proposed development is compatible with the land uses and development intensities
prescribed by all applicable city regulations.
3. The proposed development must possess integrity of design compatible with the design
criteria established for the Hometown District and with the overall image of the city.
4. The proposed development shall be designed in a manner that provides for effective
management of traffic (vehicular and pedestrian), parking, lighting, noise and waste
generated by the development, and management of the impacts of the development public
facilities and services.
5. The proposed development does not expand the permitted uses within the Hometown
District.
6. The proposed development will not have an unfavorable effect on the economy of the
City of South Miami.
7. The proposed development, when considered cumulatively with other development, both
present and future, within the Hometown District, will not create excessive overcrowding
or concentration of people or population.
Section 2. That the subject application [PB -13 -016] requesting a special exception to waive
strict compliance with the Hometown Overlay District parking requirements (Sec.20 -7.12 Land
Development Code) of 1 parking space per 100 square feet, in favor of crediting the applicant for
8 on -site parking spaces and to pay the balance of $23,000 into the hometown parking fund
annually is hereby approved.
Section 3. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 18th day of June, 2013.
ATTEST:
APPROVED:
FA
Res. No. 134 -13 -13952
I Y CLERK
READ A APP RO'
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JED A FORM, COMMISSION VOTE: 5 -0
KI A D Mayor Stoddard: Yea
OF Vice Mayor Liebman: Yea
Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
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South Miami
A(!- Amedea My
CITY OF SOUTH MIAMI , r • OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven J. Alexander, City Manager
From: Christopher Brimo, AICP
Planning Director U/ A&
AV
Date: June 12, 2013 ITEM No.
A Resolution related to a request pursuant to Section 20- 7.6(C)(2)(b) of the City of South
Miami Land Development Code requesting a Special Exception waiving strict compliance
with the provisions of the Hometown District Overlay parking requirements, to locate a
general restaurant at 5818 South Dixie Highway within the Specialty Retail "SR ",
Hometown District Overlay "HD -OV ".
SUMMARY OF REQUEST
The applicant, Rice South Miami, LLC, is requesting a special exception waiving strict
compliance with the Hometown District Overlay parking requirements for a general restaurant at
5818 South Dixie Highway. The applicant in a separate application [PB -13 -015] is also
requesting special use approval for the proposed restaurant at this location.
APPLICABLE REGULATIONS
Special exceptions under Ordinance No. 19 -94 -1569 [Sections 20 -7.51, 20 -7.521 may be
granted only after a minimum of two (2) public hearings. The first public hearing shall be
before the planning board, at which time the planning board shall review the project and provide
to the city commission an advisory recommendation regarding approval, approval with
conditions, or disapproval. The special exception section in the Hometown Overlay District
regulations allows for the City Commission to waive strict compliance with any of the
requirements or standards in the chapter upon a finding that the proposed development complies
with and implements seven economic and design objectives of the Hometown Overlay zone.
REQUESTED SPECIAL EXCEPTION
Section 20- 7.6(QQ(b ) Parking Requirement - Existing Building._ The applicant is requesting a
parking waiver of 23 parking spaces, to locate a 38 -seat, 4,000 square foot general restaurant
"Rice House of Kebob" in an existing building along South Dixie Highway. The special
exception request proposes 1 parking space per 2.25 restaurant seats, which translates to 17
parking spaces.
STAFF OBSERVATIONS
• The proposed use is a change from retail (Z- Mattress) to general restaurant in an existing
LDC Parking Special Exception
Rice House of Kebob
June 12, 2013
Page 2 of 3
structure, and is permitted following special use review and approval by the City
Commission. A separate application [PB -13 -015] for special use has been filed by the
applicant.
• The proposed use is consistent with the Specialty Retail - Hometown District Overlay
permitted uses.
• The proposed use requires 40 parking spaces based on the City's land development code ratio
of 1- parking space per 100 square feet of restaurant space.
• Based on the Miami -Dade County Property Appraiser records, this structure, which included
Z- Mattress and Tire Kingdom was constructed in 1948 and is built to the edge of the
sidewalk along South Dixie Highway.
• On -site parking at this location is limited, however several on- street spaces are available
along SW 71 Street and at an adjacent City owned surface parking lot.
• Due to the existing building layout and lot coverage, it would be difficult for any change of
use to comply fully with the on -site parking requirement.
• The applicant proposes to provide 17 parking spaces where the code requires 40; 9 spaces are
indicated as available on site (see attached survey); the applicant proposes to pay into the
Hometown District parking fund $8,000 /year for the remaining proposed 8 parking spaces.
Staff ll _. 1 data n n rl 1 1 t t 1 1 r 11 r
• Stall reviewed data from a 200 t statistical analysis of parking by land use, specifically for
family style restaurants with menus or menu boards. The analysis suggests that while 1
space per 100 square feet is a common standard, the number of seats is a better predictor of
peak parking demand. The data suggests that a rate of 1 parking space per 2 -seats would be a
reasonable application for this land use. This rate of 1 -space per 2 -seats translates to 19
parking spaces; 2 more than the applicant proposes.
• There are several on street parking spaces and a City owned, metered surface lot directly
adjacent to this proposed use.
• There is no residential in close proximity to this use that would be impacted by a parking
waiver for this proposed use.
• If the special exception and special use is approved, the applicant proposes to make
improvements to the exterior of the structure consistent with the design criteria established
for the district.
The granting of special exceptions require a finding by the City that the below listed seven
conditions are applicable to the project. (Sec.20- 7.51):
(1) The proposed development contributes to, promotes and encourages the
improvement of the Hometown District and catalyzes other development as
LDC Parking Special Exception
Rice House of Kebob
June 12, 2013
Page 3 of 3
envisioned in the Hometown District regulations.
(2) The proposed development is compatible with the land uses and development
intensities prescribed by all applicable city regulations.
(3) The proposed development must possess integrity of design compatible with the
design criteria established for the Hometown District and with the overall image
of the city.
(4) The proposed development shall be designed in a manner that provides for
effective management of traffic (vehicular and pedestrian), parking, lighting,
noise and waste generated by the development, and management of the impacts of
the development on public facilities and services.
(5) The proposed development does not expand the permitted uses within the
Hometown District.
(6) The proposed development will not have an unfavorable effect on the economy of
the City of South Miami.
(7) The proposed development, when considered cumulatively with other
development, both present and future, within the Hometown District, will not
create excessive overcrowding or concentration of people or population.
The staff has compared the project to each of the seven criteria listed in the LDC, and has
determined that the proposal to convert the existing retail space (Z- Mattress) to a restaurant use
advances the economic development of the City and is compatible with land use, density, and
will be required to follow the design criteria established for the Hometown District. The parking
requirement is the only issue deficient to this proposal. Based upon this review the Planning
Department finds that the proposed development supports the granting of special exception for
waiving strict compliance with the parking requirement.
The Planning Board at its meeting on June 11, 2013, the board held a public hearing on the
request.
The Board discussed the constraints of the site as well as the fact that the actual customer seating
area occupies approximately 1,500 square feet. If the parking was calculated on the proposed
seating area only, the applicant would need to provide 15 parking spaces (1 per 100 square feet).
The board also took into account the proximity of the City's surface lot behind this proposed use.
They discussed the applicants proposal for providing 1 parking space per 2.5 seats and agreed to
a ratio of 1 parking space per 2 seats. Following the public hearing and additional discussion,
the board voted unanimously to recommend approval of the special exception for parking within
the Hometown District Overlay with staff s recommendations.
LDC Parking Special Exception
Rice House of Kebob
June 12, 2013
Page 4 of 3
RECOMMENDATION
Should the City Commission consider approving the special exception application for the waiver
of parking spaces, it is suggested that conditions recommended by the Board be applied.
1. A ratio of 1 space per 2 seats for this special exception request for a total of 19 parking
spaces.
2. The applicant shall enter into a parking agreement with the City for ten (10) parking
spaces, paying $1,000 /space annually into the Hometown District parking fund.
3. Exterior renovations and signage be done in compliance with the Hometown District
requirements.
Attachments:
Application / Letter of Intent
Location map
Survey/ Plans
LDC Sec. 20- 7.51/.52
Copy of Public Notice
ZACommission Items\2013 \6 -18 -13 \Special Exception—Rice Parking_ 5818 S Dixie \Special Excep 5818 S. Dixie Hwy_CM report.docx
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 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 - JUNE 18, 2013
in the XXXX Court,
was published in said newspaper in the issues of
06/07/2013
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,, reb ommisi 'on or refund for the purpose
of sew ertisementjlfor publication in the said
I nd subscribed before me this
07 day of JUNE , A.D. 2013
(SEAL)
MARIA MESA personally known to me
FZNotary Public State of Florida
Cheryl H Manner
My Commission EE 189528
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K
%ity 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 Board & City Commission
Address of Subject Property: 5�,'d
Lot(s) if I? r Subdivision H, Q, C is r
PB
Meets & Bounds: 5 e. C o/ <z
Fc.i , o -Ir Li 0-A --0 :' 0 r i Ci r
Applicant: >
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Phone:
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Representative: i rlc , /ti,ct,,errra _t y ,,.,6 j
Organization: rica;i f, p ,,,. h
Address: _ L
Phone:
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Property Owner: G o ll�S i•w 47 •..� ZIA Signature:
Mailing Address: F? �Qc,Z 3 G�3$--
Phone:
Architect/Engineer:
Phone:
Ret nc, i d
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AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative Contract to purchase _Option to purchase 1/ enant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
PLEASE CHECK ALL THAT APPLY:
_ Text Amendment to LDC _Variance
_3,/ Letter of intent
—Zoning Map Amendment S,�ecial Use
r Justifications for change
_ PUD Approval L5pecial Exception
_ Statement of hardship
_ PUD Major Change Other (Waiver of
Plat)
ti/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
C_Oa i 4.)e" .5t)/77 6 c�j rT q,Le
signed /1 reduced copy @ 11" x 17 ")
1/15 copies of Site Plan and Floor Plans
24 x 36 ", 1 reduced copy @ 11" x 17"
VAffidavit- Receipts attesting to mail
77. (o(C 7, 0
Section: c� O Subsection: Page #: Amended Date:
notices sent
/Mailing labels (3 sets) and map
V Required Fee(s) 4 3, 0 00
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.
_/u
Ap acantIs §Anature and title 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
APRA 2 6 2013
Z: \Forms \Current Planning Department Forms \Planning Department Forms \Planning Board \PB - Speci lft c6t 2�&il" 2-
20-2013.doc
Part 1 of 4 (F , � ,/ r �
APPLICATIONS MISCELLANEOUS AND DOCUMENT PEES
DATE: L� 12 CHECK NO:
NAME: N ' �Y iYi f��z -e 2 o
ADDRESS: f,3atC� e�� Aj
-�m\ -T�'c 33'31
001.0600.341.3000 ERPB HEARING FEES
PRONE NON _) `] aq - -71,( Od
Environmental Review and Preservation Board (TOTAL)
Applications for new construction in the RS and RT 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
001.0000.219.1610 Advertisement and Notice Fees ... ............................... ($1,500)
001.0000.341.2000 Admin Fee .............................. ............................... ($1,500)
(TOTAL $ 3,000)
EACH ADDITIONAL VARIANCE REQUEST ............. ( $1,125)
SPECIAL USE/ SPECIAL EXCEPTION
001.0000.219.1610 Advertisement and Notice Fees ($1,500) 1 y S a 0
001.0000.341.2000 Admin Fee .............................. ............................... ($1,500) 1,1500
(TOTAL $ 3,000)
001.0000.341 2000 EACH EXTENSION REQUEST FOR VARIANCE, SPECIAL USE
OR SPECIAL EXCEPTION ....... ............................... ($500)
001.0000.219.16io REZONING APPLICATION
GRAND TOTAL
X: \Forms \Receipt forms \RECEIPT FORM Part 11-4-1 Ldoc
Ordinance No.04 -11- 2077, adopted 1-4 -11
White copy to Planning; Pink copy to Customer; Yellow copy to Finance
- 4;3000
10 acres or less ($6,000)
More than 10 acres ($20,250)
LDC TEXT AMENDMENT I (General standards, misc. provisions)
001.0000.219.1610
Advertisement and Notice Fees ..... ...............................
($1,500)
001.0000.341.2000
Admin Fee ................................ ...............................
($1,500)
(TOTAL $ 3,000)
LDC TEXT AMENDMENT It (Change Permitted Use Schedule)
001.0000.219.1610
Advertisement and Notice Fees ..... ...............................
($15500)
001.0000.341.2000
Admin Fee .......... ............................... .......................($4,500)
(TOTAL $ 6,000)
PUD /MA.IOR CHANGE
001.0000.219.1610
Advertisement and Notice Fees ... ...............................
($1,500)
001.0000.341.2000
Admin Fee ....... ............................... ....................... ($3,750)
(TOTAL $ 5,250)
PUD MINOR CHANGE
001.0000.341.20o0
Admin Fee .............................. ...............................
($1,500)
GRAND TOTAL
X: \Forms \Receipt forms \RECEIPT FORM Part 11-4-1 Ldoc
Ordinance No.04 -11- 2077, adopted 1-4 -11
White copy to Planning; Pink copy to Customer; Yellow copy to Finance
- 4;3000
r
M MM
701 Brickell Avenue, Suite 3000 1 Miami, FL 33131 1 T 305.374.8500 1 F 305.789.7799
Holland & Knight LLP I www.hklaw.com
Ines Marrero- Priegues
305 789 7776
ines.marrero@hklaw.com
April 26, 2013
VIA HAND DELIVERY
Mr. Christopher Brimo, AICP
Planning Director
City of South Miami
Planning and Zoning Department
6130 Sunset Drive V y
South Miami, Florida 33143
Re: Letter of Intent Accompanying Application by Rice South Miami, LLC/
Special Exception for Waiver of Some of the Required Parking for new
Restaurant in HD District for Rice House of Kabob Restaurant at 5818
South Dixie Highway, South Miami
Dear Mr. Brimo,:
This letter of intent accompanies the application by Rice South Miami, LLC, Inc. for a
special exception to waive a portion of the required parking for an existing building in the HD
District. This request is filed with the authorization of the property owner, Collegiate
Marketing, Inc.
As you know, this application is a companion request to a Special Use approval for a
new restaurant, Rice House of Kabob ( "Rice ") at 5818 South Dixie Highway. Rice restaurant is
proposed for the retail space formerly occupied by Z Mattress. It is an existing building in the
HD District. According to the Miami -Dade County Property Appraiser records, the building was
built on or about 1948. The tenant space to be occupied by Rice has 9 existing parking spaces
on S.W. 71St Street.
The City's Land Development Code ( "LDC ") establish a requirement that general
restaurants provide 1 parking space per 100 square feet of total restaurant area. The total area of
the Rice Restaurant is 4,045 sq. ft, which based on the LDC formula, will require 41 parking
spaces. However, the restaurant patron area only has seating for 38 persons. The parking
Mr. Christopher Brimo
Planning Director
April 26, 2013
Page 2
formula will require more than 1 parking space per seat, which is in excess of what is customary
for restaurants, generally, and more specifically, for existing Rice restaurants elsewhere in
Miami- Dade County.
Rice House of Kebob is a successful, local chain of healthy, casual restaurants with
existing locations in Doral, Kendall, North Miami, Brickell and Miami Beach. The Miami
Beach location has 9 parking spaces. The Brickell Rice location operates successfully with no
off - street parking. In addition, a considerable percentage of Rice's business is take -out and
delivery, for there is quick parking turn - around time or no parking is required.
This application requests a waiver to permit 17 parking spaces, where 9 spaces are
provided on site and the remaining spaces are mitigated through the payment of $1,000 per space
a year to the Hometown District Improvement Trust Fund, as provided in Section 20-
7.6(C)(2)(b) - for a total of $8,000 a year. We believe that this reduction is an accurate
reflection of the actual parking needs of Rice while still requiring fair yearly contribution to the
Hometown Improvement District Trust Fund.
As you know, the Hometown District Overlay was created, among other things, "to
invigorate the economic and social vitality of South Miami's 'main street' business center"
through incentives such as reduced parking requirements. (See, LDC Section 20- 7.2(A)(4)) and
by recognizing shared parking (See, LDC Section 20- 7.2(A)(5)). The de facto requirement that a
38 seat restaurant requires 41 parking spaces is contrary to that spirit.
This special exception request proposes 1 parking space for every 2.25 seats, which
factors in the take -out and delivery features of this restaurant. This approach satisfies the
criteria for approval of Special Exceptions in the Hometown District regulations that require that
the approval will "catalyze development" particularly a pedestrian - friendly use that encourages
walking and the shared parking with existing City parking facilities at a fair rate of contribution
to the Hometown Improvement Trust Fund. This request also satisfies the other applicable
criteria for approval of Special Exceptions established in Section 20 -7.51 of the LDC.
Based on the foregoing, we respectfully request your favorable review and
recommendation. Should you have any questions or need additional information, please call me
at (305) 789 -7776.
Very truly yours,
Ines Marrero -Priegues
cc: Mr. Jafar Shabani
COLLEGIATE MARKETING, INC..
April 3, 2013
Re: Jafar Shabani
Office Sough Miami, L.L.C.
5818 -5824 S. Dixie Highway
South Miami. Florida 33143
To whom it may concern:
100 S. Virginia Avenue, Unit 319
Winter Park, Florida 32789
Telephone: (407) 252 -0016
This letter and affidavit is to confirm and certify that i, Kurt Anderson, the Registered
Agent, Principal, Secretary, and Treasurer of Collegiate Marketing, Inc., on behalf of
Collegiate' Marketing, Inc., do hereby authorize Mr. Jafar Shabani to apply for any and
all permits in relation to the following property located in Miami -Dade County and owned
by Collegiate Marketing, Inc:
5818 -5824 S. Dixie Highway
South Miami, Florida 33143
This letter is intended to specifically authorize Mr. Jafar Shabani to prepare, complete,
sign, and submit any and all required applications) for any and all permits in
conjunction with the referenced property, including but not limited to Special Use Permit,
Building & Roofing Permit, and /or permit(s) pertaining to displaying, sign(s) on the
exterior of the referenced property.
Please do not hesitate to contact me should you have any questions or concerns.
FURTHER AFFIANT SAYETH NAUGHT.
KURT ANDERSON
PROPERTY OWNER
BEFORE ME, the undersigned authority, this day personally appeared KURT
• ANDERSON and being by me first duly sworn, deposes and says that he has executed
the foregoing Affidavit and that it is true and correct.
WITNESS my hand and official seal this F day of
2013. _
My Commission Expires:
y Personally known OR
Produced Identification
Type of Identification Produced
NOMARY PUBLI
STATE OF 171-04131A
JBRANQY L. FOSTER
Notary Pubiic • State of Florida y Comm. Expires Dec 22, 2013 Commission # DD 948301
AFFIDAVIT
Before me, the undersigned, this day personally appeared Ines Marrero -
Priegues, who being by me first duly sworn, upon oath, deposes and says:
1. I am an authorized legal representative of Rice South Miami, LLC.
2. In my capacity as land use attorney and authorized representative, I
supervised and hereby certify that a Notification Letter of Application for
Special Exception approval to waive some of the required parking for Rice
House of Kebob Restaurant at 5818 South Dixie Highway, South Miami,
Florida in the form attached herewith as Exhibit "A" and herein incorporated by
reference, was mailed, via U.S. registered mail to all the addresses enumerated
`� -- �-*-- I-* _a 1-s_-t -.- -3 r. _.t :1..:� if '[D .� ,,.10 +L, +1-,e ('1; +< -f'
In L11U l wllerj111IJ 11Z5L ULLdll11UU UZI lilil11UIL LJ In accordant with L1. NaLy vi
South Miami requirement that notice be sent, via registered mail, to at least
50% of the property owners within a 500 feet radius of the public hearing
application area.
Further Affiant sayeth not.
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Ines Marrer #- Priegues,"Esq.
title: Attorney for Applicant
Rice South Miami, LLC
The foregoing instrument was acknowledged before me this — day of April,
2013, by Ines Marrero - Priegues, who is personally known to me and who did
(did not) take an oath.
#23004808_vl
r "
Name. 4�t'a_
Notary Public State of Florida
Commission o.: C-_ ✓
My Commission Expires: -.2 °J"7
SEAL:
SIUBY
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9ondad Thru Nota: ars
Notification Letter
Application for Special Exception
for parking waiver for restaurant in the HD District for
Rice House of Kebob restaurant
at 5818 South Dixie Highway, South Miami, Florida
Via Registered Mail
Notification to:
Applicant: Rice South Miami LLC
Address of Application Property: 5818 South Dixie Highway
South Miami, Florida 33143
You are hereby notified that an application will be submitted by the above to the
City of South Miami for approval of a special exception to waive some of the
additional required parking spaces for a proposed Rice House of Kebob restaurant
at 5818 South Dixie Highway, South Miami, in accordance with the requirements
of Section 20- 7.6(C)(2)(b) and 20 -7.51 of the City of South Miami Land
Development Code.
The proposed special exception will be reviewed by the City's Planning Board and
the City Commission. The City's Planning and Zoning Department, at 6130 Sunset
Drive, South Miami, will have on file all documents, plans and supporting
materials pertaining to this application. In addition, the City's Planning and Zoning
Department will prepare and mail the required notices of public hearing in
accordance with the notice requirements of the City of South Miami Land
Development Code.
Notification Letter
Application for Special Exception
for parking waiver for restaurant in the HD District for
Rice House of Kebob restaurant
at 5818 South Dixie Highway, South Miami, Florida
Via Registered Mail
Notification to: 0940250300160
CITY OF SOUTH MIAMI
5130 SUNSET DR
SOUTH MIAMI, FL 33143 -5040
L- 1�1I111ca11 L.
Address of Application Property
D:.� C..,. +1. 1%4...-; T T
1 \l�. {i VV11111 1Til(illla l --
5818 South Dixie Highway
South Miami, Florida 33143
You are hereby notified that an application will be submitted by the above to the
City of South Miami for approval of a special exception to waive some of the
additional required parking spaces for a proposed Rice House of Kebob restaurant
at 5818 South Dixie Highway, South Miami, in accordance with the requirements
of Section 20- 7.6(C)(2)(b) and 20 -7.51 of the City of South Miami Land
Development Code.
The proposed special exception will be reviewed by the City's Planning Board and
the City Commission. The City's Planning and Zoning Department, at 6130 Sunset
Drive, South Miami, will have on file all documents, plans and supporting
materials pertaining to this application. In addition, the City's Planning and Zoning
Department will prepare and mail the required notices of public hearing in
accordance with the notice requirements of the City of South Miami Land
Development Code.
MAY 0 1 2013
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20 -7.51 - Special exception.
Page 1 of 2
(A) The city commission may, by special exception, waive strict compliance with the provisions
of the Hometown District Overlay Ordinance [this article]. In granting a special exception, the
city commission must find by substantial competent evidence that:
(1) The proposed development contributes to, promotes and encourages the
improvement of the Hometown District and catalyzes other development as
envisioned in the Hometown District regulations.
(2) The proposed development is compatible with the land uses and development
intensities prescribed by all applicable city regulations.
(3) The proposed development must possess integrity of design compatible with the
design criteria established for the Hometown District and with the overall image of the
city.
(4) The proposed development shall be designed in a manner that provides for effective
management of traffic (vehicular and pedestrian), parking, lighting, noise and waste
generated by the development, and management of the impacts of the development
on public facilities and services.
(5) The proposed development does not expand the permitted uses within the Hometown
District.
(6) The proposed development will not have an unfavorable effect on the economy of the
City of South Miami.
(7) The proposed development, when considered cumulatively with other development,
both present and future, within the Hometown District, will not create excessive
overcrowding or concentration of people or population.
(B) The city commission, in granting any special exception, may prescribe any reasonable
conditions, restrictions, and limitations it deems necessary or desirable, in order to preserve
and promote the intent of the Hometown District Overlay Ordinance.
(C) Special exceptions, if granted, shall be valid only for the specific design shown in the plans
and exhibits submitted as part of the special exception application, as provided in Section 20
-7.52 of this Code. All deviations from the requirements of the Hometown District Overlay
Ordinance incorporated within and reflected on the site plan and exhibits shall be considered
a part of the application. Approval of the site plan and exhibits by the city commission shall
constitute approval of the nonuse deviations identified on the site plan and exhibits unless
the city commission approves a motion to the contrary. No further individual or separate
application for deviations approved by the city commission shall be required. If the applicant
wishes to make material changes to the design subsequent to receiving a special exception,
the applicant must apply for a new special exception following the procedure set forth herein.
(D) Special exceptions, if granted, shall be valid if, new construction commences within eighteen
(18) months from the date of final approval and is substantially completed within two (2)
years from the date of issuance of the first building permit. The time for substantial
completion may be extended by the city commission upon application filed prior to the
expiration of the substantial completion period and upon demonstration of good cause.
(Ord. No. 19 -94 -1569, § 1, 11 -1 -94; Ord. No. 02 -11 -2075, § 1, 1 -4 -11)
20 -7.52 - Procedure for special exception.
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Municode
Page 2 of 2
(.A) Special exceptions under Ordinance No. 19 -94 -1569 [Sections 20 -7.51, 20 -7.521 may be
granted only after a minimum of two (2) public hearings. The first public hearing shall be
before the planning board, at which time the planning board shall review the project and
provide to the city commission an advisory recommendation regarding approval, approval
with conditions, or disapproval. The second public hearing shall be held before the city
commission and shall be held no sooner than seven (7) calendar days following the planning
board hearing. Public notice requirements, as specified in Section 20- 5.5(C) and (G),
Applications requiring public hearings, shall be followed.
(B) Requests for special exceptions under Ordinance No. 19 -94 -1569 [Sections 20 -7.51, 20-
752 shall be in a form acceptable to the city manager and shall include each exhibit
required per Section 20- 7.3(B), Application for Development Permit, and per Section 20 -7.4,
Site Plan Requirements. In addition, the city commission, at its discretion, may require
additional exhibits and may defer approval of the special exception application or schedule
an additional public hearing or hearings to review those exhibits.
(C) The city manager shall have authority to require additional review and approval by the
environmental review and preservation board for developments involving special exception,
which review shall follow the procedure set forth in Section 20 -5.11 of this Code.
(D) The city commission may grant a special exception upon four (4) affirmative votes of its
members.
(OrU. No. 19-94- 1569, § 1, i i- 1-94)
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LEGAL DESCRIPTION:
Ad of Lots 19 and 20 and all of Lot 18 of H'. D. COOPER'S,SUBDIVISION', according to the Plat thereof
recorded in, Plat Book 4 at Page 152 of the, Public Records of Dade County-Florida, except that portion of Lot 18
described as follows:
Beginning at pipe marking the Southwest comer of said Lot, then" ran Northeast along the State
Road No. 4-A for a distance of 85 feet to a pipe, thence in a Southeasterly direction a distance ol'64.12
feet to a pipe set in the South line of said Lot, thence West distance of 100 feet to the Point of Beginning;
together with building or buildings situate thereon; and LESS astrip of land across, the Northwesterly, side of
Lots 20 and 19 and a portion of Lot 18, of the Amended Plat of H. D. COOPER'S SUBDIVISION, according to
the Plat thereof, recorded in Plat Book 4 at Page 152 of the Public Records of Dade County, Florida, described
as follows: From theNorthem-most comer of said Let 20 ran Southwesterly along the Northwesterly boundary
of Lots 20,19and,18 to a point 81.22 feet Southwesterly from the Northernmost comer of Lot 18; thence —
Northeasterly 150.74 feet to the Fasterly boundary of Lot 19, a point 3.20 feet South from, the Northernmost
comer of, said Lot 19; thence continuing Northeasterly, 54.99 feet to a point; thence Southeasterly 10.95 feet
to the boundary of Lot 20, at a point 18.62 feet South from the Point of Beginning;thwce North 18.62 feet to the
Point of Beginning containing 220 Sq Ft; more or less. Section 36, Township 54 South p-ge 40 East; together
with the improvements hereon.
CERTIFIED ONLY TO. S—eye. 7Jn s:
Collegiate Mktg Inc.
PROPERTYADDRESS.
5820 S. Dixie Hwy
South Miami , Florida 33143 u3 m�mb m I e— ,
ELEVATIONINFOPJ"TION _ III A-1— id
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LEGAL DESCRIPTION.•
AO of Lots 19 and 20 and all of Lot 18 of H'. D. COOPER'S,SUBDIVISION', according to the Plat thereof
recorded in, Plat Book 4 at Page 152 of the, Public Records of Dade County- Florida, except that portion of Lot 18
described as follows:
Beginning at a pipe marking the Southwest comer of said Lot, thence run Northeast along the State
Road No. 4 -A for a distance of 85 feet to a pipe, thence in a Southeasterly direction a distance of 64.12
feet to a pipe set in the South line of said Lot, thence West a distance of 100 feet to the Point of Beginning;
together with building or buildings situate thereon; and LESS a strip of land across, the Northwesterly, Side of
Lots 20 and 19 and a portion of Lot 18, of the Amended Plat of H. D. COOPER'S SUBDIVISION, according to
the Plat thereof, recorded in Plat Book 4 at Page 152 of the Public Records of Dade County, Florida, described
as follows: From theNorthem -most comer of said Lot 20 run Southwesterly along the Northwesterly boundary
of Lots 20, 19and,18 to a point 81,22 feet Southwesterly from the Northernmost corner of Lot 18; thence run
Northeasterly 150.74 feet to the Easterly boundary of Lot 19, a point 320 feet South &om, the Northernmost
comer of, said Lot 19; thence continuing Northeasterly, 54.99 feet to a point; thence Southeasterly 10.95 feet
to the boundary of Lot 20, at a point 18.62 feet South from the Point of deginning;thence North 18.62 feet to the
Point of Beginning containing 220 Sq Ft; more or less. Section 36, Township 54 South, Range 40 East; together
ndib the improvements thereon.
CERTIFIEDONLYTO: Surveyors No s:
Collegiate Mktg Inc.
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RICE
RESTAURANT
5818 SOUTH DIXIE HIGHWAY
SOUTH MIAMI, FLORIDA 33131
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Drawing Name
RICE RESTAURANT
SITE PLAN
Scale:
Drawing Number
AS SHOWN
ID-000