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21South Miami H-AmetlWRV CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - .OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager 1 �( 9 i7 -1 v From: Thomas J. Vageline, Director Planning and Zoning Department Date: September 21, 2010 ITEM Subject: A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20- 3.4(b)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 7301 SW 57 Court (Plaza 57 Building) within the "SR(HD -OV)" Specialty Retail (Hometown District - Overlay Zone); and providing an effective date. APPLICANT'S REQUEST Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant, Lady Marmalade Lounge and C66, is requesting Special Use Approval to operate a new general restaurant at the above referenced location. The location of the restaurant is on the ground floor of the Plaza 57 Building. The restaurant will face SW 591h Place. The proposed restaurant at the northeast corner of SW 57 Court and SW 74 Street is located in the "SR(HD -OV)" Specialty Retail (Hometown District - Overlay Zone which allows restaurants if approved through the special use process. The LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. REVISED STAFF ANALYSIS (1) The proposed restaurant to be called Lady Marmalade Lounge and Caf6 will occupy Suite 170 on the ground floor of the building at the northeast corner of SW 57 Court and SW 74 Street. This will be the second restaurant in the building. (2) The restaurant will occupy 2,047 square feet and the required parking spaces for the restaurant will be 21 spaces (1 space per 100 sq. ft.). The Planning and Zoning Department staff has discussed the issue of required parking with the applicant over several weeks. The City's records on the number of parking spaces built and an actual count by the applicant do not agree. The revised survey_ provided on September 15 2010 (copy attached) indicates that there are actually 262 parking spaces on -site. (3) The Planning and Zoning Depa—A-m-ent staff has detefmined that it ean not reeoneile the par4ing space data listed on the submitted site plan (Sheet 1.01) fer the new restaurai4. Therefore flie-parking-data submitted in 2005 on whieh of the 'Fl. 1-- st be aeeepted as the eoffe paddflg -data: The revised survey shall be the official count of the parking spaces on -site. Staff counted the parking spaces as indicated in the survey and found the count to be accurate. In a review of the parking requirements for the building it was discovered that there should be 7 handicapped accessible parking spaces and only 6 were found Thus one additional handicapped accessible parking space will be required. (4) At present the four story mixed use building provides a total of 268 279 parking spaces, which includes 2-54 262 spaces inside a garage and on the ground floor (service area) and 17 on- street spaces which were allowed to be counted as required spaces when the building was constructed in 2005. T=his total number of spaces is extraeted in the reports and site plans submitted in 2005 when the first (5) The required parking for all of the uses in the building including the first restaurant and counting the space proposed for the second restaurant as retail, is 277. The application of the 5% arcade bonus reduction (in effect when the building was constructed) reduces the number of spaces required to 263. Therefore the actual number of spaces provided minus the required number spaces (268 279 - 263) means the building has a surplus of 3 16 parking spaces. This would allow for the current vacant space to be filled by a retail establishment or restaurant. (6) The proposed restaurant would require a total of 21 parking spaces to be provided. After subtracting the f-rve sixteen surplus spaces and allowing for the existing seven space credit for the retail use there will a parking de fi ft of ° span°°° "' "` surplus of 2 parking spaces (16 + 7 — 21 = 2) if the second restaurant is approved. if the speeial use applieatien is approved the applieafft would have to seek a speeia4 exeeptien to waive these spaees or pay an annual fee into the Hernetem% infr-astruetrife Fmd. (See (7) in 2005 the applicant requested special use approval of two restaurants. The Planning and Zoning Department staff recommended to the Board that the application should only be approved if one of the restaurants was removed or significantly reduced in size (attached staff report March 29, 2005). The applicant then revised the special use application by requesting approval of only one restaurant. (8) At its June 7, 2005 meeting the City Commission adopted Resolution No. 76 -05 -12055 approving the location of one restaurant (Town Restaurant) at the north end of the building. (9) The Planning and Zening Department is eeneemed about the resulting defieit in P­_11.__ -eaees an A also the faet that the Wilding was eenseieusly built with an internal par-king garage vnhii;__�_ did --- - all of the required parking spaees. Tbe par-king spaces being eewm �L includes 17 on street spaees. This provision was in the Land Development Code at the time the Wilding went through the approval preeess and the eerinting of on street parking spaees abrWing a property was allewed. That seetion is now removed frern the Code. The eeneept of adding a use whieh results in more parking spaees being required is eeffirneri and in inany instanees is aeeeptable. However, at this leeatio parking while at the same time using public spaees to meet required parking is not a preeedem that thee City should eneewfage. The revision to the site plan to replace the proposed bank drive - through tellers (which were never built) with internal parking spaces has made the difference in the number of parking Vaces to allow the restaurant use application to be approved. (10) insiiffieient required parking eould result in everflow parking into the adjaeem residential zone and be . The requested special use approval for the restaurant use at this location may be aped. SPECIAL CONDITIONS APPLICABLE: 2 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. PLANNING BOARD ACTION: The Planning Board at its meeting on August 31, 2010 conducted a public hearing but failed to adopt a motion recommending approval or denial of the special use restaurant request. REVISED RECOMMENDATION Denial of the applieatien is feeamme—ed. Since the parking issue has been resolved the recommendation is for approval subject to the restripine of the first floor parking area to reflect the additional parking spaces along the east wall and 1 additional handicapped accessible parking space for a total of 7 to meet the Florida Building Code requirement. Attachments: Resolution (approval) Planning Dept. Staff Report 8 -31 -10 Application Location Map Letter of Intent E-mail from applicant re: parking deficit Resolution No. 76 -05 -12055 City Commission Meeting Minutes Excerpt 6 -7 -05 Planning Dept. staff report 3 -29 -05 Copies of Public notices Planning Board Minutes 8 -31 -10 Report submitted by Richard Mattaway, to Planning Board dated 8 -31 -2010 Revised parking count survey dated 9 -14 -2010 Revised site plan sheet SP 1.01 ad furniture plan sheet A 1.02 both signed 9 -15 -2010 TJV /SAY X:\Comm Qems\2010 \9 -21 -10 \Special use Rest 7301 SW 57 Court CM Report.doe 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20- 3.4(b)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 7301 SW 57 Court (Plaza 57 Building) within the "SR(HD -OV)" Specialty Retail (Hometown District - Overlay Zone); and providing an effective date. WHEREAS, pursuant to Section 20- 3.4(11)(4)(b) of the Land Development Code (LDC), the applicant, Lady Marmalade Lounge and Cafe has submitted Planning Board Application No. PB -1021 requesting a Special Use Approval to operate a new general restaurant to be located on the ground floor of an existing mixed use office /retail building at 7301 SW 57 Court within the "SR(HD)," Specialty Retail Hometown Overlay Zoning District; and WHEREAS, a general restaurant is a retail use which is permitted as a special use in within the "SR(HD)," Specialty Retail Hometown Overlay Zoning District; and is subject to meeting general conditions specified in LDC Section 20 -5.8 and subject to meeting special use requirements set forth in LDC Section 20- 3.4(13)(4)(b); and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at its August 31, 2010 meeting the Planning Board, after public hearing, failed to adopt a motion recommending approval or denial of the special use restaurant request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: Special Use Application (PB -10- 021 -007) submitted by applicant Lady Marmalade Lounge for approval to operate a new general restaurant to be located on the ground floor of an existing mixed use office /retail building at 7301 SW 57 Court within the "SR(HD)," Specialty Retail Hometown Overlay Zoning District is hereby approved subject to the following conditions: (1) If the proposed general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. (2) The applicant shall provide for any additional required parking by annual payment into the Hometown Infrastructure Trust Fund as set forth in LDC Section 20- 7.6(C) (2)(c). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY 01111[11 APPROVED: MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: Z: \Comm Items\2010\9 -21 -10 \Specia1 use Rest 7301 SW 57 Court Resolution numbered.doc 2 To: Honorable Chair & Planning Board Members From: Thomas I Vageline, Director -r�Vf �� Planning and Zoning Departmen South Miami hAd All -Ames caCitp 'III®' 2001 Date: August 31, 2010 Re: Special Use Application Restaurant 7301 SW 57 Court. PB -10 -021 Applicant: Lady Marmalade Lounge and Cafe Location: 7301 SW 57 Court A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20- 3.4(b)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 7301 SW 57 Court (Plaza 57 Building) within the "SR(HD -0y)" Specialty Retail (Hometown District- Overlay Zone); and providing an effective date. APPLICANT'S REQUEST: Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicants are requesting Special Use Approval to operate a new general restaurant at the above referenced location. The location of the restaurant is on the ground floor of the Plaza 57 Building. The restaurant will face SW 59ffi Place. The proposed restaurant at the northeast corner of SW 57 Court and SW 74 Street is located in the "SR(HD -OV)" Specialty Retail (Hometown District - Overlay Zone which allows restaurants if approved through the special use process. The LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. STAFF ANALYSIS (1) The proposed restaurant to be called Lady Marmalade Lounge and Cafe will occupy Suite 170 on the ground floor of the building at the northeast corner of SW 57 Court and SW 74 Street. This will be the second restaurant in the building. (2) The restaurant will occupy 2,047 square feet and the required parking spaces for the restaurant will be 21 spaces (1 space per 100 sq. ft.). The Planning and Zoning Department staff has discussed the issue of required parking with the applicant over several weeks. The City's records on the number of parking spaces built and an actual count by the applicant do not agree. (3) The Planning and Zoning Department staff has determined that it can not reconcile the parking space information provided by the applicant during review of the application. The same is true for the parking data listed on the submitted site plan (Sheet 1.01) for the new restaurant. 7301 SW 57 Ct.. Special use approval August 31, 2010 2 Therefore the parking data submitted in 2005 on which of the first restaurant approval is based must be accepted as the correct parking data. (4) At present the four story mixed use building provides a total of 268 parking spaces, which includes 251 spaces inside a garage and on the ground floor (service area) and 17 spaces on- street spaces which was allowed to be counted as required spaces when the building was constructed in 2005. This total number of spaces is extracted from the reports and site plans submitted in 2005 when the first restaurant was approved. (5) The required parking for all of the uses in the building including the first restaurant and counting the space proposed for the second restaurant as retail, is 277. The application of the 5% arcade bonus reduction (in effect when the building was constructed) reduces the number of spaces required to 263. Therefore the actual number of spaces provided minus the required number spaces (261F-263 ) means the building has a surplus of 5 parking spaces. This would allow for the current vacant space to be filled by a retail establishment. (6) The proposed restaurant would require a total of 21 parking spaces to be provided. After subtracting the five surplus spaces and allowing for the existing seven space credit for the retail use there will a parking deficit of 9 spaces (21 -12 ) if the second restaurant is approved. If the special use application is approved the applicant would have to seek a special exception to waive these spaces or pay an annual fee into the Hometown Infrastructure Fund. (See attached e -mail from applicant, 7 -1 -10) (7) In 2005 the applicant requested special use approval of two restaurants. The Planning and Zoning Department staff recommended to the Board that the application should only be approved if one of the restaurants was removed or significantly reduced in size (attached staff report March 29, 2005). The applicant then revised the special use application by requesting approval of only one restaurant. (8) At its June 7, 2005 meeting the City Commission adopted Resolution No. 76 -05 -12055 approving the location of one restaurant (Town Restaurant) at the north end of the building. (9) The Planning and Zoning Department is concerned about the resulting deficit in parking spaces and also the fact that the building was consciously built with an internal parking garage which did not contain all of the required parking spaces. The parking spaces being counted toward meeting the required parking includes 17 on- street spaces. This provision was in the Land Development Code at the time the building went through the approval process and the counting of on- street parking spaces abutting a property was allowed. That section is now removed from the Code. The concept of adding a use which results in more parking spaces being required is common and in many instances is acceptable. However, at this location adjacent to residential zoning the proposal is not acceptable. The applicant's request to increase deficit parking while at the same time using public spaces to meet required parking is not a precedent that the City should encourage. 7301 SW 57 Ct.. Special use approval August 31, 2010 SPECIAL CONDITIONS APPLICABLE: The overall purpose of going through the special use process is to determine the compatibility of the proposed use with the surrounding neighborhood. A special use must comply with the conditions set forth in Section 20- 5.8(B) in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and, c) Complies with all other applicable Code provisions. RECOMMENDATION The requested special use approval for the restaurant at this location is not appropriate because insufficient required parking could result in overflow parking into the adjacent residential zone and be detrimental to property and other businesses in the area. Denial of the application is recommended. Attachments: Application Location Map Letter of Intent Restaurant Site/Floor Plans E -mail from applicant re: parking deficit Resolution No. 76 -05 -12055 City Commission Meeting Minutes Excerpt 6 -7 -05 Planning Dept. staff report 3 -29 -05 Copies of Public notices TN /SAY XVBTB Agendas StaffReports\2010 Agendas Staff Reports \8- 31- 10\PB -10 -021 Special use Rest, 7301 SW 57 Ct.doc City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Lot(s) _ Block _ Subdivision 7301 SW 57 CT., #170, S. Miami, FL 33143 PB Meets & Bounds: (See enclosed survey) Applicant: Phone: Lady Marmalade Lounge & Cafe (305) 562 -7066 Representative: Organization: Monika Tahoun Address: Phone: 7100 SW 64 Street, Miami, FL 33143 (305) 562 -7066 Property Owner: Signature: 7300 Investments, LLC - Mailing Address: Phone: 7160 SW 62nd Ave., S. Miami, FL 33143 (305)662 -1421 Architect/Engineer: Phone: Palenzuela & Hevia Design Group, Inc. (305)969 -5001 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: _ Tent Amendment to LDC Variance X Letter of intent Zoning Map Amendment X Special Use X 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 X Current survey (1 original sealed and As required to permit a Restaurant, in zoning signed /1 reduced copy @IVx17") X 15 copies of Site Plan and Floor Plans SR /HD -OV per the Land Dev. Code. X 1 reduced copy@ 11" x 17" X Affidavit- Receipts attesting to mail Section: 2 0 Subsection: 3. 3 Page #: 2 7 Amended Date: Jan. 109 notices sent X Mailing labels (3 sets) and map X Required Feels) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the t of the applicant's knowledge and belief. Monika Tahoun j` Applicant's Signature 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: ,0 © �_ y' f Date Filed Date of PB Hearing s 20/6bate of Commission Petition Required Petition Accepted Method of Pavment 4 /16 /09X:\FonnsWH Application for Public Hearing (Revised 2009).doc City of South Miami PB -10 -021 Special Use Approval - Restaurant 7301 SW 57 Court Feet 0 100 200 300 600 900 1,200 4rsa 5801 6001 5927 5890 588] % 5821 SW 70TH ST Q 5959 58]0 \\yay J 5860 ���Q� 5820 SW 7I ST ST a 91 ST Hm�� le $ 0 \�1 5857 Ib 5950 5950 s� 5950 5940 7371 7370 5901 7410 0 B 7515 7500- 541 0 7420 Q 7532 441 7548 N 7430 W 76 7611 5862 7610 7620 7621 5864 7630 7631 7640 0 7440 E � 0 5601 V VTER�8 SW 76TH ST Z ryA m 7606 7500 ti 7517 5765 5751 N 7500 7540 7520 7520- $ 5997 ER 0 2 H 7601 y ]601 7600 7600 7621 '7621 7620 7637 7620 U 7631 7630 7628 m 7641 >y 7640 7634 m 7701 7710 7650 7710 7711 7720 7121 72 m � 5809 0 5750 5885 5859 5828 ~ 5795 7337 H 5824 V F 5850 � 5875 5B01 J SW 74TH TER 570L SUNSET DR C1700 5736 PIN 4 y' S 8 6705 B SAN REMO AVE f8 tl 6eot B � S GNACIO AVE 8 8 SW 72ND ST y 5fi00 -� 1230 7320 1 7242 300 tl 7320 tl 7325 V 5791 7390 B 7375 5605 y a 400 7400 5797 tl 0 7420 0 B 7515 7500- 541 0 V Q 7532 7563 7548 N W 76 7611 5862 7610 7620 7621 5864 7630 7631 7640 0 E � 0 5601 570L SUNSET DR C1700 5736 PIN 4 y' S 8 6705 B SAN REMO AVE f8 tl 6eot B � S GNACIO AVE 8 8 SW 72ND ST y 5fi00 -� 1230 7320 1 7242 300 tl 7320 tl 7325 V 5791 7390 B 7375 5605 y a 400 7400 5797 tl 0 7420 0 B 5730 7450 V Q A 7500_ = N 7520 10 E 7550 VTER�8 SW 76TH ST ryA 7606 $ 5600 5765 5751 '� i i August 2, 2010 Attn: City of South Miami Planning Dept. Letter of Intent Lady Marmalade Lounge & Cafe is seeking a special use approval permit from the City of South Miami that will allow us to open in November `2010 at 7301 SW 57 CT # 107 South Miami, FL 33143. Adding a 2047 sq ft Cafe in the Plaza 57 building created a parking shortage of 3 spaces which the landlord does intent to purchase from the City of South Miami by paying the required fee into the hometown infrastructure trust fund in lieu of 3 parking spaces. Lady Marmalade will be an intimate small restaurant where you might want to start your evening or finish the night with a full liquor bar and weekend entertainment provided by local musicians /artists. We will be open everyday from 3pm -11pm during the week and until 1 am on the weekends. Our menu will consist of small bites appetizers like small salads, sandwiches and tapas and we will have delicious ice cream desserts as well as different cakes in our dessert menu. We would like to open for lunch within 3 months of our opening and if needed open for breakfast on the weekends within one year. Lady Marmalade would love to support local artists by exhibiting their artwork by creating an evening of art at the cafe and hopefully get other restaurants in the City of South Miami involved to do the same therefore creating an evening of art in the city. We are asking City of South Miami to please grant us the special use permit as we at Lady Marmalade believe that we will add a new, different and exciting lounge & cafe for everyone to enjoy. Respectfully, Monika T houn 7301 e57D 57 Cat #)` 17o e5-A 9F2 33143 Plaza 57 New Restaurant/Parking Page 1 of 1 Youkilis, Sanford From: Rick Mattaway [rickm @richard- brandon.com] Sent: Thursday, July 01, 2010 4:25 PM To: Youkilis, Sanford; Vageline, Thomas Subject: Plaza 57 New Restaurant/Parking Tom and Sandy, Thanks for meeting with me again on the parking calculation for Plaza 57. The revised parking schedule showing the shortage of 3 spaces is attached. I have added the list of retail and restaurant tenants and their and their respective floor areas to the schedule for your reference. As I mentioned, the tenant for Suite 170 will be making application for special use permit shortly. The building owner, 7300 Investments, LLC, will be responsible for payment of the annual fee for the shortage of 3 parking spaces. Regards, Rick Mattaway L. Richard Mattaway The Richard - Brandon, Company 7160 SW 62nd Avenue South Miami, FL 33143 305 - 662 -1421 7/6/2010 Parking Spaces Required Use Gross Sci.Ft. North Restaurant 3,705 South Restaurant 2,047 Other Retail 8,003 Office 50,989 Building Total 64,744 Arcade Bonus (5 %) Required Parking Spaces Parking Spaces Provided Ground Floor Service Area Parking Garage On Street Provided Parking Spaces Parking Spaces Shortage Parking Calculation Plaza 57 Sq.Ft. /Space # of Spaces Rounded 100 37.05 38 100 20.47 21 300 26.68 27 250 203.96 204 1,125 288.15 290 P antahla rr:rnccl Finer Erna of Ratan /D=ctanrnnt �v Rentable Area Suite # Tenant S .Ft. 100 Town Kitchen 3,705 110 Jenna White 755 120 Pill Carrera 1,177 130 D &L Hair Studio 1,125 140 Foot Solutions 11215 150 HSBC Bank 3 711 170 Lady Marmeladel 2,047 Total Ground Floor Rentable Area 13,735 Imi 275 16 239 17 I RESOLUTION NO. 76 -05 -12055 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301 SW 57th COURT: PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, 7300 Investments, LLC, has submitted Application No. PB -05 -009 requesting special use approval to allow a general restaurant to locate in the "SR(BD)" Specialty Retail Hometown District Overlay zoning district specifically located at 7301 SW 57h Court; and WHEREAS, a general restaurant is allowed as a special use in the "SR(HD)" Specialty Retail Hometown District Overlay zoning . district subject to meeting general conditions specified in LDC Section 20 -5.8 and subject to meeting special 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, on March 29, 2005 the Planning Board, after public hearing, voted 4 -1 to recommend approval with conditions of the special use request; and 'WHEREAS, the Mayor and City Commission of the City of South Miami desire 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: Section 1: That an application for special use to allow a general restaurant to locate in the "SR(HD) Specialty Retail Hometown District Overlay zoning district specifically located at 7301 SW 57 h Court is hereby approved subject to the following conditions: (1) The applicant shall provide a floor plan for the restaurant interior prior to obtaining a building permit for the restaurant interior renovation; (2) The location of restaurant parking should be marked on the ground floor of garage. (3) If the proposed general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health of safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the Rea. No. 76 -05 -12055 (2) neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 7 thday of June 2005 ATTEST: APPROVE CLERK YO Commission Vote: 5 -0 READ AND APPROVED AS TO FORM: Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea _ Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea C ATTORNEY E:\Couun Items\2005 \6 -7 -05 \7301 SW 57 Ct Restaurant Resolution.doc Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Nay Commissioner Birts- Cooper: Nay Mayor Russell: Nay Commissioner Sherar then moved for an amendment on line 38, page one of the proposed ordinance to strike 2 ---hea and to put in 7 days. Seconded by Commissioner Wiscombe, the motion to approve this amendment passed by a 3 -2 vote: Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Nay Commissioner Birts- Cooper: Yea Mayor Russell: Nay Moved by Commissioner Wiscombe, seconded by Commissioner Sherar, the motion to defer this item passed by a 4 -1 vote: Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Nay Commissioner Birts - Cooper: Yea Mayor Russell Yea. The above motions to defer were withdrawn. A third reading is required by the City Charter when an ordinance is "materially amended upon the second reading." (Art. II,. Sec. 6B3)) With no further comments or discussion, the motion to . approve this item as amended passed by a 3 -2 vote: Commissioner Wiscombe: Yea Commissioner Sherar: Yea vice Mayor Palmer: Nay Commissioner Birts- Cooper: Yea Mayor Russell: Nay r • 76 -05 -12055 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-3.4(B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL REGULAR CITY COMMISSION 1 �, MINUTES - June 7, 2005 RESTAURANT IN THE "SR (HD -OV) " SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301 SW 57' COURT; PROVIDING FOR AN EFFECTIVE DATE, (Deferred 513105 & 5/17/05) 4/5 (City Manager) Moved by Commissioner Wiscombe, seconded by Vice Mayor Palmer to approve this item. Mr. O'Donniley presented the item. He explained that the applicant's original request was for approval of two restaurants. The present request is just for one restaurant, so the applicant has revised the request to reflect the parking that is available, and they now have surplus parking at this point. He then referred to another issue which was raised at the previous meeting where this item was discussed, and it was related to whether the arcade was appropriately placed. Mr. O'Donniley said that the Commission was provided with a large copy of the regulation plan. After reviewing that plan carefully, he continued; and also after going through it with the applicant, he said that he is convinced that they are in compliance. He then went over the staff's report which provides in detail, analysis and special conditions applicable, including recommendation from the Planning Department and the Planning Board. Mr. Recio, representing the applicant, was also afforded time to present the request. He concluded by urging the Commission to approve the application. The Mayor opened.the floor for public hearing. Speakers were sworn in earlier. Cal Rosenbaum said that when the Commission approved this building they did a great service t,o the downtown area. This means that South Miami is pedestrian, restaurant and people friendly, and urged the Commission to approve this item. David Tucker Sr. had two questions. One was related to the grease traps which he said could present possible hygienic problems unless there is specific designated care and policing of the situation. He also referred to the need for mop racks since wet mops, he said, cause severe hygienic problems when they are unventilated. Sharon McCain said that she did not have any problems with this application. .Vice Mayor Palmer said that after all the adjustments that have been made, the applicant is in good shape now and that she (` hopes that it works well for them. REGULAR CITY COMMISSION 12 MINUTES - June 7, 2005 Commissioner Sherar said that he had a problem with the diagram depicting the location of the dumpsters. Mr. O'Donniley said that compliance with plans has not been checked yet; they'll have to supply the plans to the Building Department before final approval. Mr. Recio then clarified for the Commissioner the issue he had with the arcade as presented on the plans. Moved by Commissioner Sherar, seconded by Vice Mayor Palmer, the motion to extend the meeting until 11:30 p.m. passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea With no further discussion or comments, the motion to approve this item passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea RESOLUTION (S) 77 -05 -12056 12. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA..AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS FOR THE POLICE DEPARTMENT TO PURCHASE ONE (1) PATROL /NARCOTICS K -9 NOT TO EXCEED A COST OF $8,000.00 FROM POLICE SERVICE DOGS, INC. FROM ACCOUNT 001 -1910- 521 -6430 (OPERATING EQUIPMENT);. PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Palmer, seconded by Commissioner Sherar to approve this item. Commissioner Wiscombe pulled this item for clarification but realized that this purchase is in the budget under the above - referenced account; therefore, he said that he does not have a problem with it. REGULAR CITY COMMISSION 13 MINUTES - June 7, 2005 South Miami b.Awd All- AmericaCitY I 1I11. 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Don O'Donniley Director of Planning. Applicant: 7300 Investments, LLC Location: 7301 SW 57°i Court Date: March 29, 2005 Re: Special Use Approval (2) Restaurants at 7301 SW 57`h Court Request: A RESOLUTION OF THE MAYOR AND CITY COMNIISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE TWO GENERAL RESTAURANTS IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301 SW 57`h COURT APPLICANT'S REQUEST: Pursuant to section 20- 3.4(13)(4)(b) of the Land Development Code (LDC) the applicant is requesting a Special Use Approval to operate two general restaurants on the ground floor of Plaza 57, a new four story mixed use building under construction at 7301 SW 57h Court. The type of restaurants to be located are not identified at this point. The proposed restaurants are located in the "SR(HD) ", Specialty Retail Hometown Overlay Zoning District. A general restaurant is permitted with Special Use Approval. A general restaurant shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design shall provide a sit -down area for the customers. STAFF ANALYSIS: (1) The applicant is requesting a special use permit to operate two restaurants at the ground floor of a mixed use building. (2) The two restaurants will occupy 6,429 sq.ft. at ground level one located at the north side (facing SW 73 Street) and on the south side (facing SW 74 Street) of the building.. 7301 SW 57 Ct Special use approval March 29, 2005 Page 2 of 3 (3) The parking legend on p.l of the site plan indicates that there is a total of 64,799 gross sq. ft. in the building. A total of 251 parking spaces are located in the garage portion inside the building. A total of 17 spaces are located on street, which provides a total of 268 parking spaces to meet required parking for the building. The parking legend indicates that the building has a total of 20% reduced parking requirement b :ause of the following provisions in the LDC Hometown regulations: • LDC Sec. 20- 7.6(B)(2) - 5% reduction in number of required spaces for an arcade. • LDC Sec. 20- 7.6(B)(3a) -15% reduction in number of required spaces for a two story building. A current review of the file indicates that the "two story building" deduction of 15% was cited in a report by City staff at the time of development review in 2001. There was no formal acceptance of this bonus: This may have been because the developer was showing surplus parking. This is a four story building which is eligible for reductions only if each use is 30% of the floor area. Therefore the 15% reduction is not an unacceptable interpretation. The developer is only eligible for the 5% arcade reduction in required parking spaces resulting in a total of 277 parking spaces required for all three uses, retail, office and two restaurants. The actual total spaces being provided (on site and on street) is 268 spaces. Therefore, if the developer wants to have the two restaurants at the size stated in the application there will be deficit of 9 parking spaces (277 -268). The applicant must either eliminate one of the restaurants or reduce the overall size of the restaurants by 900 sq. ft. to a total of 5,529 sq. ft. in order to avoid being deficient in required parking (restaurant parking space formula is one space for every 100 sq. ft. of floor area) (4) The location of both restaurants are compatible with abutting properties in that they are across the street from current commercial uses and future retail uses to be part of Project Sunset. The south restaurant location faces a narrow sidewalk on SW 74 Street and future outdoor seating on that side may not be possible. SPECIAL CONDITIONS APPLICABLE: 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. The overall purpose 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. In addition, special uses may also be required to comply with supplemental requirements, which are set forth in Section 20- 3.4(B)(4)(b). In the case of a general restaurant the following requirements are listed: (i) All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street - side services of any land. A separate application for outdoor seating would be required. (ii) No services of a drive -in or of a fast food nature shall be permitted. 7301 SW 57 Ct Special use approval March 29, 2005 Page 3 of 3 (iii) The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this special use permit. RECOMMENDATION The requested special use approval for two restaurants complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8. Approval of the application with the following conditions is recommended: (1) The total square footage of the restaurants must be reduced by 900 sq. ft. to a total of 5,529 sq. ft. The south restaurant which is listed at 2,288 sq, ft, may not be reduced below 2000 sq. ft. because small restaurants are defined as being less than 2000 sq. ft. and may not be placed at this location. (2) The applicant shall provide a floor plan for each restaurant interior prior to obtaining a building permit for the restaurant interior renovation; (3) Restaurant parking should be located and marked on the ground floor of each garage. (4) If the proposed general restaurants are, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Attachments: Application Location Map Letter of Intent / Justification Copies of Public notices Site Plan/ Parking Plan DOD/SAY 4t7l E:\PB\PB Agendd''as § § § § §tair Repoos\2005 Agendas Staff Reports\3- 29- 05\PB -05 -009 Restaurants - 7301 SW 57 .doe NOTICE OF. PUBLIC HEARING CITY. OF SOUTH MIAMI MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays - Miami, Miami -Dade County, Florida w aiy en, `Y STATE OF FLORIDA 0K1 COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared PLANNING AND ZONING DEPARTMENT V. PEREZ, who on oath says that he or she is the 6130 `SUNSET;''DRIVE,,' LEGAL CLERK, Legal Notices of the Miami Daily Business SOUTH MIAMI, ;FLORIDA 33143 Review f /k/a Miami Review, a daily (except Saturday, Sunday _ ; PHONE: (305) 663- 6326; -; and Legal Holidays) newspaper, published at Miami in Miami -Dade jcqX #:, (305} 668 -7356 County, Florida; that the attached copy of advertisement, - - being a Legal Advertisement of Notice in the matter of - CITY OF SOUTH MIAMI PUBLIC HEARING - AUGUST 31, 2010 in the XXXX Court, was published in said newspaper in the issues of An 08/20/2010 Affiant further says that the said Miami Daily Business 'category entitled °Mrxed-use-apecmi noosing tiwu sror y7 .;._ in the futin a could be applied to' development projects providing.; Review is a newspaper published at Miami in said Miami -Dade affordable-111 .ousing and commercial uses;- :.providing sn', County, Florida and that the said newspaper has „units; effective date; providing for severatiilf prowdmg for ordmances'> heretofore been continuously published in said Miami -Dade County, `in conflict; and provng an effective date 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 ' Planning Board period of one year next preceding the first publication of the - .; - -' attached copy of advertisement; and affiant further says that he or On Tuesday,August 31, 2010 at 7:30 P.M., the City of South Miami '. she has neither paid nor promised any person, firm or corporation - Planning Board will conduct public tearings in the City Commission : any discount, rebate, commission or refund for the purpose 'Chambers a(iheabove addcesson thefolidwing items. 11 of securing this ad v Bement for publication in the said p6- to -oz1 - newspaper Applicant: Lady Marmalade Loungea Cafe .t . 73o1 SW 57 Court A Resolution of the Mayor and City Commission of the City of South Resolution Miami Florida relating Ito a request pursuant to Section.. 3 41(b)(4)(b) of the Land. Development Code for. Special -Use Sworn to and subscribed before me this i20 ;Approval to locate a general,restaurant at 7301 SW 57 Court (Plaza. 157 Building) within the "SR(HD•OV)' ":Specialty Retail (Hometown 20 AUGUST ,A.D- 2010 :District Overlay Zone)• and. providing an effective date 4da, \ i �.� PS-10-022 l Applicant: Qiy, of South Miami An Ordinai of the Mayor and City Commission of the City bf , (SEAL) V. PEREZ personally known to me B rl ipv7AS Corrr ion t4 DD 937532 Expir,, fWvenber 2, 2013 Wail Tiny Feet msYM" 800.08 7019 ,Miami -ending the South Miami Lend DevelOp-,j nq Section 20-3;3(d) entitled "Permitted Use allow the Theater or Cinema -use Eoning Use District as; --3A (B), enfitledl,'Spec 9) toprovide pre-set conditions is LO Zoning Use, District; provi.ding.for' i for ordinances in conflict; and providing an :h Miami at the hearing. I ne manning boary iwaulvwc -z a- the Ci4 y Commission whatever the board considers the best Interest for, Whii'ch record includes the testimony and evidence upon WhICn the appeai is'lo be *based (F:S. 286,0105). Refer to hearing number when making anylnquly, 8120 10-3-325/154634910 B,FHO.'AAS J�p ig, 4,� 11P -alomft DD 937532 s Commj� Expirep, Noveabtr 2, 2013 N i.-J is 1, THURSDAY, AUGUST 26, 2010 123Se NOOK! F PUBLIC HEARING CITY OF SOUTH NAMN Planning and Zoning Department 6130 Sunset Drive'South Miami, Florida 33143 R64 (305) 663 -6326; Fax #;,(305) 668 -7356 On Tuesday, August 39, 2030 at.7 :30 PM., the City of South Miami Planning Board acting'in its capacity.. as the local Planning Agency will conduct a public hearing in the City Commission Chambers atthe above. address on the following amendment to the text of the South Miami Comprehensive Plan Future Land Use Element: P3- 10-023 Ayaglicant: City of South Miami An :Ordinance of the Mayor aril City Commission of the City of South Mli mi,.Fiorida, amending the,teit of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land ose map category entitled "Mixed Use - Affordable blousing (Two stgry)" which in the future could be agplied to development project$ providing affordable housing units and corrmercfal.usesl'providing an effective date, providing for severabllity, providing for ord- raarances in conflict; a- nd providing an effective cafe. Ranning Bill On Tuesday; August 31, 2016 at 7:30 P.M., the City of SoutttMiarl Planning Board'will conduct public- hearings in the City Commission Chambers at the above address on the following items: PS-10 -021 - Ariallcant: Lady Marmalade Lounge & Cafe Location: 7301 SW 57 Court ., A Resolution of the Mayor and City Commission of the City of South Miami, Florida,. relating to a raquast pursuantto'Section 2®- 3.4(b) €4) €b) of the Land Development code for special Use Approval to locate a general restaurant at 7361 SW 07 Gourd (Plaza 57 Building) within the. "SR(HD -OV) Speciahy Ra'isil (Nocaetowril District- Ovarlal Zone); and providing an effective date, Artolican City of South Miami At. Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending i . the Soui7r 'Minor -s Land Development Code by amending' Section 20 -13(d) entitled. "Permitted Use g Sohaduis" an ordarto alio+a tlie3haa er -o= Cinema use in the' LO l:'ght- intensity i1f ice Zo ang Use D- rstrict os an "S" Special Use and amending Section 20-3.4 (6) entitled 'Special Ratruiromants" by creanng subsactron (36) to provide are -set conditions for a theater or cinema use in the LO ' Zoning U5a`District; providing for severa6rli' ?y, providing for ordinances in conflict; and providing; an affective date. . P3-1€u -0 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the -Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes" and, amending �. Section 20- 3.3(D) entitled "Permitted Usa Schadiile" and Section 20-3.5(6) entitled.thirensionai Requirements Nonrxsidential,Districts" in order to create a "MU -SH ", Mixed Use- Specia6 Housing (Two story) Zoning Use District and to describe the purpose of the district, set forth uses permitted, and establish dimensional requireriants, all for a zoning use district which in the future could be applied to development projects providing, affordable housing. units and cominerclal usss; providing an effective date; providing for severability, providing for ordinances in contiict; and providing an effective date. - - ! All interested parties are urged to anend. Objections or expressions of approval may be made in person at the hearing or filed in writing I Prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved Interested partiesrequestlng information are asked to contact the Planning and Zoning Department by calling aO5- 663 -6326 or writing to the address indicated above. - You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting . or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S; 286.0105). Refer to l hearing number when making any inquiry . - a 11 � as � aaa • — CITY OF SOUTWAIS�Am-�-( Regular Meeting Meeting Minutes Tuesday, August 31, 2010 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:56 P.M. The Pledge of Allegiance was recited in unison. H. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Yates, Mrs. Young, Mr. Whitman, Mr. Farfan and Mrs. Beckman. Board members absent: Mr. Cruz and Mr. Morton. City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator), Lourdes Cabrera - Hernandez (Principal Planner) and Alerik Barrios (Secretary). City Attorney: Mr. Lawrence Feingold III. Administrative Matters: Mr. Youkilis informed the Board that the applicant of PB -10 -022 has withdrawn their application. IV. Planning Board Applications/Public Hearings PB -10 -021 Applicant: Lady Marmalade Lounge and Cafe Location: 7301 SW 57 Court A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20- 3.4(b)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 7301 SW 57 Court (Plaza 57 Building) within Planning Board Meeting August 31, 2010 Page 2 of 8 the "SR(HD -OV)" Specialty Retail (Hometown District - Overlay Zone); and providing an effective date. Action: Ms. Young read the item into the record. Mr. Youkilis informed the Board that the location is at 7301 SW 57'x' Court. The proposed restaurant to be called Lady Marmalade Lounge and Caf6 will be on the ground floor of the building at the northeast corner of SW 57 Court and SW 74 Street. This will be the second restaurant in the building. The restaurant will occupy 2,047 square feet and the required parking spaces for the restaurant will be 21 spaces (1 space per 100 sq. ft.).The required parking has been discussed over several weeks with the applicant and the City's records on the number of parking spaces built and an actual count by the applicant do not agree. The Planning and Zoning Department staff has determined that it can not reconcile the parking space information provided by the applicant during review of the application. The same is true for the parking data listed on the submitted site plan (Sheet 1.01) for the new restaurant. Therefore the parking data submitted in 2005 for the first restaurant Town Kitchen & Bar must be accepted as the correct parking data. At present the four story mixed -use building provides a total of 268 parking spaces, which includes 251 spaces inside a garage and on the ground floor (service area) and 17 on- street spaces which was allowed to be counted as required spaces.when the building was constructed in 2005. The required parking for all of the uses in the building including the first restaurant and counting the space proposed for the second restaurant as retail, is 277. The application of the 5% arcade bonus reduction (in effect when the building was constructed) reduces the number of spaces required to 263. Therefore the actual number of spaces provided minus the required number spaces (268 -263) means the building has a surplus of 5 parking spaces. This would allow for the current vacant space to be filled by a retail establishment. The proposed restaurant would require a total of 21 parking spaces to be provided. If the special use application is approved the applicant would have to seek a special exception to waive these spaces or pay an annual fee into the Hometown Infrastructure Fund. The Planning and Zoning Department staff recommends to the Board that the application should only be approved if one of the restaurants were to be removed or significantly reduced in size. The Planning and Zoning Department is concerned about the resulting deficit in parking spaces and also the fact that the building was consciously built with an internal parking garage which did not contain all of the required parking spaces. The applicant's request to increase deficit parking while at the same time using public spaces to meet required parking is not a precedent that the City should encourage. Staff suggests that the requested for a Special Use approval for the restaurant at this location is not appropriate because insufficient required parking could result in overflow parking into the adjacent residential zone and be detrimental to property and other businesses in the area. Denial of the application is recommended. Mrs. Yates questioned if the meeting was a Quasi- judicial hearing. Mr. Youkilis responded yes. Mrs. Yates swore the public in. The Chair opened the public hearing. Planning Board Meeting August 31, 2010 Page 3 of 8 Speakers; NAME ADDRESS SUPPORT /OPPOSE PROJECT Antonio Hevia 7015 SW 100 Court Support Mr. Hevia commented that he is the architect for the Lady Marmalade Lounge & Cafe. He introduced the cafe owner Monika Tehoun and property owner Rick Mattaway. As Mr. Youkilis explained we are here to present the Lady Marmalade Lounge & Cafe a 2,047 square feet restaurant located at the south end of the ground floor at 7301 SW 57 Court in South Miami, FL. We seek your approval in South Miami Land Development Code. As a local resident Mrs. Tehoun is excited to bring her restaurant to the City of South Miami. He commented that Ms. Tehoun requested that the design include as much recycled material. NAME ADDRESS SUPPORT /OPPOSE PROJECT Monika Tehoun N/A Support Mrs. Tehoun commented that she is the owner of Lady Marmalade Lounge & Cafe. She expressed that before signing the lease with Mr. Mattaway all the parking issues were resolved according to the landlord. It was said that Mr. Mattaway met with the Planning and Zoning staff. Mrs. Tehoun commented that when she came in with the paper work there still was no issue and it was brought to our attention at the last minute that there are not enough parking spaces. Lady Marmalade Lounge is a very small place and she cannot see how it will be detrimental to stores. The lounge will have a different feel with small appetizers, a location or everyone to enjoy themselves and small entertainment provided. This location will be for artists who would like to demonstrate their talent. She informed the board that the location will be very high class and beautifully designed, as green as possible, target market is over thirty. Mrs. Tehoun commented that the location will be a jewel. Mr. Youkilis suggested that there needs to be a time limit on the applicants since there are many individuals that are not at the meeting for the first item. NAME ADDRESS SUPPORT /OPPOSE PROJECT Rick Mattaway N/A Support Mr. Mattaway commented that Plaza 57 is the only building that embodies the ideals of the ordinance for Mixed -Use buildings. The ground floor has retail tenants; it is an arcade that is shaded and inviting to pedestrians. The upper portion of the building is occupied by the parking garage and offices. On week days during working hours the garage is being occupied with the office workers vehicles. During weekends and evenings the patrons of the parking garage are restaurant and shoppers. The only time the parking garage is near full capacity is when there is a special event in the downtown area. There is a valet service on Plaza 57 available as well. Staff recommendation is solely based on numbers. Planning Board Meeting August 31, 2010 Page 4 of 8 Mr. Mattaway explained to the Board members the parking calculations. He commented that based on the appropriate code sections there is a surplus of four parking spaces. The building had a bank and area was reserved for drive through tellers, but was never used. Mrs. Yates questioned if Mr. Mattaway redesigned the bank drive through parking spaces. Mr. Mattaway responded that it was not being used as parking since it was set aside a drive through. Mr. Whitman questioned if a carwash that was proposed a couple of weeks ago was for that location. Mr. Mattaway responded no. He commented that as a result of staff not interpreting the ordinance correctly, the applicant was short parking spaces. There was an error on the Staff report that Lady Marmalade is not adjacent to residential area. Mr. Feingold questioned if the ordinance that Mr. Mattaway read was included in the back up. Mr. Mattaway responded yes. NAME ADDRESS SUPPORT /OPPOSE PROJECT Amy Donner 7525 SW 54 Court Support Mrs. Donner is the president of the Red Sunset Merchants Association. She congratulated the applicant on bring her vision to life and since it was her dream to come to South Miami. Mrs. Donner commented that as she listens to the discussion and if we live in the past we should live in the past entirely and if you want to live in 2011 we should go their entirely and if we look back at 2005 the applicant is short 3 spaces, but there is a remedy. In 2011 the applicant would be over forty spaces. Regardless, the applicant has enough parking spaces. NAME ADDRESS SUPPORT /OPPOSE PROJECT Mary Scott Russell 7511 SW 64 Court Support Mrs. Russell commented that she was present representing the applicant. She believes that this is an exciting opportunity for South Miami. As a resident of South Miami what strikes her is the empty store fronts and at a time when there is an opportunity to bring a business and help a landlord and we cannot work in an amicable way to help them. She believes that the last thing anyone would want to see is the downtown area vacant. While walking through the parking on the garage on the weekend it is vacant. The idea of a shared component parking has been discussed with the Mayor on how offices having the available parking spaces during the day and those parking spaces are being used at night by a business. NAME ADDRESS SUPPORT /OPPOSE PROJECT Sharon McCain 7502 SW 58 Avenue Oppose Ms. McCain commented that she is a resident of that area. She informed the Board that the Mayor and some concerned citizens have been raising the question of the lobbyists and its procedures. She questions could Ms. Donner come up to the podium representing the Red Sunset Merchants Association since she is not registered as a lobbyist. Ms. McCain questioned the legality of former Mayor Scott Russell this was brought before them. She commented that there are empty store fronts and it needs to be brought to the landlords attention that they need to lower Planning Board Meeting August 31, 2010 Page 5 of 8 the rent. Ms. McCain is glad that the Planning and Zoning department did their job since there is a parking deficit. She commented that she provided to the Board pictures of the adjacent neighborhood that does agree. Mrs. McCain believes that the list of the mail out was tampered with and the residents were not informed. NAME ADDRESS SUPPORT/OPPOSE PROJECT Bradon Lurie N/A Support Mr. Lurie commented that he is a resident of South Miami, owner of Town Kitchen & Bar and partners of Mr. Rick Mattaway. He informed the Board some things do not change at all and five years when Town Kitchen & Bar submitted an application everyone heard the same negative comments come out of Sharon McCain. He commented that he hopes that Ms. McCain would bring some positive light and supportive instead of being so negative. Mr. Lurie commented that Mr. Mattaway was willing to work with Staff to see if there were enough parking spaces. He informed the Board that they were not trying to cheap the City, but we have invested into funds for the City. NAME ADDRESS SUPPORT/OPPOSE PROJECT John Edward Smith 7531 SW 64 Court Support Mr. Smith informed the Board he has been a homeowner and resident of South Miami since 1974 and a businessman since 1982. He is speaking on behalf of Lady Marmalade. He commented that the ordinance needs to be looked at and if Staff is not able to look at the spaces you could always have Code Enforcement and LAZ parking to calculate the parking spaces to see that there is an independent assessment. The project is very exciting and as the Art Night coordinator we would like Lady Marmalade to join Art Night. The Chair closed the public hearing. Mr. Whitman questioned the parking credit for an arcade. Mr. Youkilis responded five percent and the other credit was only taken at one percent. Mr. Mattaway commented if the building was being built under the current code there is a twenty percent bonus instead of a five percent bonus. Mr. Whitman questioned the process of public hearing held for this building and if the initial application in 2005 was for two restaurants. Mr. Youkilis responded there were only special use hearings for the restaurants and yes, it was modified on staff's recommendation. Mr. Mattaway commented that the issue was that there can only be one restaurant since there were not enough parking spaces and an interested individual for the second business. So rather than pursue a restaurant of a certain size that there is no tenant for the.application went forward only on the tenant that they had. Planning Board Meeting August 31, 2010 Page 6 of 8 Mr. Whitman questioned if Staff has gone and counted the parking spaces and why there is a discrepancy in the number of parking spaces. Mr. Youkilis responded staff has not counted the parking spaces. The department would have to rely on a survey signed by a registered land surveyor or to count the spaces. Mr. Mattaway responded that nine of the spaces related to the ground floor were committed to a bank drive through that was never developed. Now, since the bank is no longer a tenant the parking spaces are available. Mr. Whitman questioned the twenty -five parking spaces. Mr. Mattaway responded that the valet parking uses those spaces, but the garage is available. Mr. Whitman questioned when you have parking in a parking lot is everything pulled together. Mr. Youkilis responded that each building has to provide the appropriate parking for itself. Mr. Whitman commented that the menu provided by the applicant is not appetizers but big meals. Mrs. Young questioned when the section from code on page two number nine was removed. Mr. Youkilis responded on June 6, 2008. Mrs. Beckman questioned if the building has the use of those seventeen spaces. Mr. Youkilis commented that they are phantom spaces and they are not reserved for anyone. As of today, you could count the spaces but you would have to pay into a fund. Mrs. Beckman questioned the monthly leases and how do they factor in, Mr. Youkilis responded that you may not charge for a fee for parking spaces that we required and the City does not have that information. Mrs. Beckman questioned the valet spaces are designated spaces or are they the same spaces and if staff informed the applicant that they would not meet the parking regulation. Mr. Youkilis responded that they are the same spaces and Staff reserves judgment and does not say what the recommendation would be. Mrs. Young questioned if this was the garage that would get flooded. Mrs. Yates responded no. Mr. Farfan questioned if a new survey of the garage could be provided and who would do it. He further questioned the price. Mr. Youkilis responded that the applicant would have to provide that for Staff. Mrs. Beckman complemented Staff on doing their due diligence. Mrs. Yates commented that if the City Attorney could please inform the Board at a later date on lobbyist rulings. Mr. Feingold responded that he is not seeing anything that would raise an alarm, but will provide that information. Planning Board Meeting August 31, 2010 Page 7 of 8 Mrs. Yates commented if this is moved forward the valet services need to be upstairs to avoid any situations. She commented that she is a supporter of businesses downtown and would like the restaurant to progress, but there needs to be a safe standard for the residents. Mr. Farfan commented that he would like for the parking spaces to be counted. No Motion: Failed to pass PB -10 -024 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes" and amending Section 20- 3.3(D) entitled "Permitted Use Schedule" and Section 20- 3.5(G) entitled "Dimensional Requirements Nonresidential Districts" in order to create a "MU -AH ", Mixed Use - Affordable Housing (Two story) Zoning Use District and to describe the purpose of the district, set forth uses permitted, and establish dimensional requirements, all for a zoning use district which in the future could be applied to development projects providing affordable housing units and commercial uses; providing an effective date; providing for severability, providing for ordinances in conflict; and providing an effective date. Action: Mr. Farfan read the item into the record. Mr. Youkilis informed the Board that the staff report is a follow up to what was previously passed during the Local Planning Agency. The Board adopted a land use category that provides for the Mixed -Use Affordable Housing. In order to move the project along and create a zoning district underneath the land use category that was already adopted this would need to be approved. This Zoning district in the future could be applied to development projects providing affordable housing units and commercial uses. However, there are three sections of the code to be amended the Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes ", Section 20- 3.3(D) entitled "Permitted Use Schedule" and Section 20- 3.5(G) entitled "Dimensional Requirements Nonresidential Districts ". Staff recommends that the Planning Board approve the proposed changes to Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes ", Section 20- 3.3(D) entitled "Permitted Use Schedule ", and Section 20- 3.5(G) entitled "Dimensional Requirements Nonresidential Districts" in order to create a "MU -AH ", Mixed Use - Affordable Housing (Two story) Zoning Use District. Mrs. Yates questioned on the front set back at twenty -five, could it be moved closer to the street. Mr. Youkilis responded that the front set back should be maintained. Mrs. Young questioned if commercial and retail are considered the same. Mr. Youkilis responded that the reason why it was used was due to the fact that there were retail stores considered. The Chair opened the public hearing. Planning Board Meeting August 31, 2010 Page 8 of 8 Speakers: NAME ADDRESS SUPPORT /OPPOSE PROJECT Sharon McCain 7502 SW 58 Avenue Oppose Ms. McCain questioned where the parking location is going to be. Mrs. Yates responded that the parking will be in the parking lot and the garage could only be two stories. The Chair closed the public hearing. Mrs. Beckman questioned if the affordable housing would be for everyone in the City. Mr. Whitman responded this could be provided anywhere in the city. Mr. Youkilis responded yes. Mr. Whitman commented that affordable housing could be used anywhere in South Miami. Mrs. Young questioned when it comes to affordable housing is staff talking about dwelling units. Mr. Youkilis responded yes. Motion: Mr. Whitman moved to approve the application as presented. Mrs. Young seconded. Vote: 5 Approved 0 Opposed V. MINUTES: A) Mr. Whitman moved to approve the minutes of July 13, 2010 as presented. Mr. Farfan seconded. Vote: 5 Approved 0 Opposed VI. Adjournment: Action: There being no further business before the Board, Mrs. Yates adjourned the Planning Board meeting at 9:42 P.M. TJV /SAY Y:\PB\PB Minutes\2010 Minutes\ 8- 31- 2010\PB.Minutes.8.31.2010.doe Pagel of 4 August 31, 2010 Submitted to the Plannin g Board \ � City of South Miami Re: PB -10 -021 Response to Recommendation of Planning and Zoning Department Staff. We are here to consider the application by Monika Tahoun for the approval to open a restaurant at Plaza 57. Plaza 57 is a vertically mixed -use building as promoted by the Hometown District Overlay Ordinance. Plaza 57 is perhaps the only building in South Miami that truly implements the intent of the Hometown ordinance. The ground floor of the building is occupied by retail businesses shaded by a broad arcade inviting and catering to pedestrians. A parking garage and offices occupy the upper floors of the building. On weekdays, during working hours, the garage within the building is used primarily by office workers - and it is never full. In the evenings and on weekends, the garage is used by shoppers and restaurant patrons. Except for the occasional downtown street fair, occupancy of the garage on weekends and evenings is only fractionally full. As a further enhancement to the efficiency and capacity of the garage, valet parking is provided at Plaza 57 on Thursdays, Fridays and Saturdays. The question before you is, how would the addition of this new restaurant at Plaza 57 affect it's position as a prototypical mixed -use building -type promoted by the Hometown ordinance? Does it conflict with, or is it consistent with, the ordinance? Staff's recommendation on this application is based on numbers. Before turning to the staff report, I want to call your attention to actual parking conditions of Plaza 57. Exhibit 1 is a calculation of the parking provided and parking required along with plans of the parking areas of the building numbering each of the parking spaces. There are 262 parking spaces within the building itself. The parking calculation provided to the planning department in July showed fewer spaces because several parking spaces had been reserved for a drive -thru banking facility that was never developed and will not be developed. The bank tenant's lease has expired. So those spaces are now available for general building parking. Page 2 of 4 In addition, in accordance with the explicit provisions of the Hometown ordinance at 20- 7.6(B)(1), Plaza 57 is entitled to count the 17 adjacent on- street parking spaces as part of the parking provided by the building. Exhibit 2 is a copy of the ordinance. The ordinance provides the following: "On- street spaces adjacent to a lot shall count toward the parking requirements for that lot ...:. So, adding the 17 on- street parking spaces to the 262 spaces in the building, Plaza 57 provides 279 parking spaces. With 279 spaces provided, how many spaces are required when this new restaurant opens at Plaza 57? Pursuant to the requirement of Section 20- 7.6(C)(5), the Hometown ordinance provides: "Any changes in use in a building will require a re- calculation in the required parking ... :' The first page of Exhibit 1 provides that recalculation. There is a table showing the uses, including the new restaurant, the required parking for each use type, and a calculation of the bonus that is applicable to Plaza 57 - that being the ordinance that existed when the building was approved. The total number of spaces required is 275. With 279 spaces provided, there is actually a surplus of 4 spaces. So where is the problem here? The problem is that the Planning and Zoning Department staff refuses to acknowledge the facts and misinterprets the City's ordinances that apply to this application. Staff says they are unable to reconcile the parking space information provided in connection with this application and the 2005 application for the approval of Town Kitchen and Bar. However, it is not that they are unable to reconcile the numbers. They deem the actual number of parking spaces in the garage to be irrelevant, and declined my invitation to walk the garage with me to count the spaces to confirm the number of spaces actually there. I was told by staff that they had no choice but to go by the original application - that it is of no consequence whether those numbers we incorrect. Those are the numbers presented by Town Kitchen before the building was completed - Staff says the building owner and the new tenant are stuck with them. Page 3 of 4 I asked staff to consider whether their position would be the same if they found out that a building actually provided fewer parking spaces than had been previously claimed, but received no response. Staff's refusal to consider the facts and insistence that the 2005 restaurant application numbers binds them is unreasonable; it is also fails to follow the clear words of 20- 7.6(C)(5) that requires recalculation. If the mandated recalculation of parking for Plaza 57 is performed in accordance with the ordinance and the facts, the building has a surplus of 4 spaces - not a deficit of 9 spaces as stated by staff. The reasoning behind staffs attitude toward this application is apparent in paragraph 9 of the report. The report makes it sound devious that - guoting from the report - "the building was built with an internal parking garage which did not contain all of the required parking spaces." The crux of staffs indictment is that - quote - "The parking spaces being counted toward meeting the required parking includes 17 on- street spaces." The report asserts that, while the Code may have permitted this when the building was approved in 2005, "That section is now removed from the Code." However, that section, Section 20- 7.6(B)(1) on Exhibit 2, is still very much in the code. Counting of on- street parking toward required parking is not discretionary - it is mandatory. The Code says: "on- street spaces ... SHALL be counted toward [meeting] the parking requirements." The Hometown ordinance is designed to encourage mixed -use, urban development and to enhance the economic success of the Hometown District. 20- 7.2(A). Among the methods of achieving that goal of the ordinance is to: "Emphasize the use of incentives such as reduced parking requirements." 20- 7.2(A)(4) The Code "recognizes the shared parking benefits of vertically mixed development" as enhancing achievement of the goal of the ordinance. 20- 2.2(A) (5) Consider that if a mixed -use building like Plaza 57 were developed today, the parking requirement for the building, including the proposed new restaurant, would be reduced, not by 5 %, but by 20 %. 20- 7.6(B)(2). The parking requirement would be 232 spaces, not 275 spaces. Even with Lady Marmalade, a building like Plaza 57, given the same number of actual parking spaces, both on- street and off - street, would have a surplus of more than 40 spaces under the current Code. Page 4 of 4 I would also call to your attention that staffs statement that Plaza 57 is "adjacent to residential zoning" is misleading. All of the property around Plaza 57 is included in the Hometown district. And all of that property is occupied by commercial development. The property north, east and south are developed with retail and office uses. The parking lot immediately west of Plaza 57, owned by the 1St National Bank, has the same zoning as Plaza 57 (SR - specialty retail) and is planned for mixed -use development. The only other zoning adjacent to Plaza 57 are two lots on the NE and NW corners of 57th Court and 74th Street, both of which are zoned RO (residential /office). While one might say that that is, at least partially, residential zoning, the properties are, in fact, developed and occupied by commercial uses. One is a hair saloon; the other is an office building. Those properties are noted on Exhibit 3. Conclusion: Plaza 57, and its tenant, Lady Marmalade, are perfectly in concert with both the letter and intent of the applicable sections of the City's Land Development Code. Denial of this application would violate the City's own explicit ordinances. In view of the fact that Staffs recommendation is based on a refusal to consider the facts and a misreading or misapplication of the explicit provisions of the Code, I hope this board will approve the application notwithstanding Staffs recommendation. Respectfu sub 'tted, G Ric and Mattaway 737 Investments, LL Managing Member m m -n =s 0 0 a- 0 0 0 0 0 R I O -n N N N W O N N W y W W 0) O �j A �-+ to Ol IN O y O O V to to O c 0 a n m PQ V F+ ONi V F+ to O N N W a P tD V N Ln to O A V F W Cy- No3'-r tll 7 O n v n c ••^ CD O N O U D v c a c V) W 'r+ N O N O = c c m a m =r= C �p fl o Z a c C ;7 9. o U1 w� -I v w m a Ol v n N N i (ten a 82 rt rt to CD 'U to (A vi y O < m = n o o: C n =� uul U m K' N N A A (D m N W A O V to O O V In 4 W O .P O Ct 4A to W V to c y � rt a O rt O O `L 'O N W 01 O 7 0 O O n O O O O A I O -n N N N W O N N W y W W 0) O �j A �-+ to Ol IN O y O O V to to O c 0 a n m PQ V F+ ONi V F+ to O N N W a P tD V N Ln to O A V F W Cy- No3'-r tll 7 O n v n c ••^ CD O N O U D v c a c V) W 'r+ N O N O G-) C) (:D < m M3 NN tNo NC -6 W sr N 4 ti l�g 0 0 0 0 O 4 ti l�g 0 0 0 0 F7-1 m I \ � / \ k / z IN y ! _ e � � { � 2 ` $ " -T, 0 C S m C 'h m r F � I D —I A � D 1) S 0+ o C-) FT-1 D G �a k m o P o 0 0 0 P O L= F u J 1 � N � W w W � N d n °C W V — N G p C lr 4 �M ppJ J N N I 4 ( o N N HOMETOWN DISTRICT OVERLAY ORDINANCE 20 -7.6 Story: The horizontal division of a building between the surface of a floor and the surface of the next floor above, or the next ceiling if there is no floor above. For the purposes of these regulations a story shall be interpreted as each vertical unit of fourteen (14) feet maximum, e.g. a one -floor cinema twenty -two (22) feet tall shall be considered a two -story building. (Ord. No. 19 -93 -1545, § 1, 10- 19 -93; Ord. No. 12 -96 -1612, §§ 8, 9, 7- 30 -96) 20 -7.6 Parking. (A) Hometown District Parking, Parking in the Hometown District must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. Hometown District parking shall be subject to the review of the Parking Board as established by Section 2 of the Code of the City of South Miami. The Board shall report to the city commission no less than annually on the state of parking in the Hometown District and shall from time to time make recommendations to the city commission for.changes in the parking system for the fees paid into the Hometown District Improvement Trust Fund, and for the allocation of trust fund monies. (B) Required Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided: (1) n- streetspaces adjacent to a lot shall count toward t e arkin re uirements for that ot• a par xa space onger an e even eet shall count as a space. (2) The following parking reduction shall apply to mixed use buildings with two (2) or more of the three (3) use categories (retail, office, residential) uses provided that no one use constitutes more than seventy -five (75) percent of the gross floor area: the total required parking spaces for a mixed use building shall be reduced by twenty (20) percent. (C) Procedure. (1) The required number of spaces shall first be calculated pursuant to Section 20 -7.12 for each permitted use. The appropriate reduction in parking spaces shall then be calculated as provided in Section 20 -7.6B above. If the reduction calculated includes a fraction less than a whole number, the reduction calculated shall be rounded up and subtracted from the required (unadjusted) number of spaces to determine the adjusted parking requirement. (2) The difference between the number of spaces provided, including on street parking, and the number of spaces required shall then be determined. (a) New Buildings and the addition of floor area to existing buildings: If there are fewer spaces provided than required the applicant must apply for and receive a special exception as per Section 20 -7.51 of this chapter and pay into the Hometown District Improvement Trust Fund a fee as set forth below for each space required but not provided. (b) Existing Buildings: If there are fewer spaces provided than required for existing buildings, the applicant may: obtain a special exception waiving the number of Supp. No. 13 149 0 Z raA0s 20 -7.6 SOUTH MIAMI LAND DEVELOPMENT CODE additional spaces required in accord with the process set forth in Section 20 -7.51 of this chapter; or pay into the Hometown District Improvement Trust Fund a fee as set forth below. (c) The fee payment into the Hometown District Improvement Trust Fund for each space required but not provided shall be one thousand dollars ($1,000.00) per parking space per year payable at the time of renewal of the occupational license. This fee may be adjusted periodically by the City Commission as appropriate. (3) Monies paid into the Hometown District Improvement Trust Fund shall be placed in a trust account separate from general funds and may be used for improvements to public parking facilities, infrastructure to increase parking capacity, and the installa- tion of metering devices. Monies collected in this fund should also be used for items including but not limited to items that improve the pedestrian environment such as: tree planting and }maintenance, bike parking and racks, sidewalk improvements and maintenance, bench installation, water fountains, outdoor recycle bins, and signage for parking and bike racks. (4) Designated historic buildings are exempt from all parking requirements, except that existing off, - street parking shall not be removed. (5) An Chan es in use in a buildin wll1 re wire a re- caicuiatiion m sue re uuGU alu =e ursuant to (B above. If the new combination of uses requires additional par ng spaces, a e as se , ort in (C) (2)(c) above, as determined from time to time by the City Commission upon recommendation of the parking board, must be paid into the Hometown District Improvement Trust Fund. If fewer spaces are required, no refunds will be paid. (Ord. No. 19 -93 -1545, § 1, 10- 19 -93; Ord. No. 8 -96 -1608, § 1, 5- 21 -96; Ord. No. 7 -99 -1681, § 1, 4- 13 -99; Ord. No. 8 -99 -1682, § 1, 5 -4 -99; Ord. No. 24 -05 -1846, § 1, 7- 26 -05; Ord. No. 18 -06 -1886, § 1, 8 -1 -06; Ord. No. 11 -07 -1912, § 1, 5 -1 -07; Ord, No. 15 -07 -1916, § 1, 6 -5 -07; Ord. No- 30-08-1965, § 3, 8 -5 -08; Ord. 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IN O Z Z O w N m m 0 D I FURNITURE PLANS LADY MARMALADE LOUNGE & CAFE 791 S. AT RE Ilp SOUH MIAMI, 363N M °G '