21South Miami
AC-America CRY
CITY OF SOUTH MIAMI 11111.1
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 /( el • t1- 10
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 Cafe, 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 59`h 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.
-oval is based ffitist be aeeepted as the eeffee
parldng -mss. 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 25+ 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. This
tetal number of spaees is extr-aeted ffera the reports and site plans siahmi#ed 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 €ive sixteen surplus spaces and allowing for the existing seven space credit for the retail use there will
a parking a `.':_� t of 9 sp (21 12) surplus of 2 parking spaces (16 + 7 — 21 = 2) if the second
restaurant is approved. if the speeial use appheatien is appreved the applim� wetdd have to seek
special exception to waive
err
(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
all of the 4ding
went thfaugh the
City sheukl_�� The revision to the site plan to re lace the proposed bank drive - through tellers
(which were never built) with internal parking spaces has made the difference in the number of parking
spaces to allow the restaurant use application to be approved.
(10) The req tested speeial use approval for 4he restaufant at this leeatien is not appropriate beeatise
The requested special use approval for the
restaurant use at this location may be approved.
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 applieation is reeemt:aended.
Since the parking issue has been resolved the recommendation is for approval subject to the restriping of
the first floorparkine area to reflect the additional parking spaces along the east wall and 1 additional
handicQped 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
T7V /SAY
X: \Comm 1tems\2010 \9 -2i -10 \Special use Rest 7301 SW 57 Court CM Report.doc
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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(B)(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).
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Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
2010
:..�
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Z: \Comm Items\2010 \9 -21 -10 \Special use Rest 7301 SW 57 Court Resolution numbered.doc
2
To- Honorable Chair &
Planning Board Members
From: Thomas I Vageline, Director - f , /
Planning and Zoning Departmen
South Miami
AII- America City
III11 ®'
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 -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 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 59th 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 comer 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 Cc.
Special use approval
August 31, 2010
P
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 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.
(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
X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports \8.31- 10\PB -10 -021 Special use Rest, 7301 SW 57 Ct.doo
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 668 -7356
r
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:
7300 Investments, LLC
Signature:
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 THATAPPLY:
Text 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 @ 11" x 17")
X 15 copies of Site Plan and Floor Plans
SR /HD -OV per the Land Dev. Code.
X 1 reduced copy @ 11" x 1T'
X Affidavit- Receipts attesting to mail
Section: 20 Subsection: 3.3 page #: 27 Amended Date: Jan. 09
notices sent
X Mailing labels (3 sets) and map
X Required Fee(s) -
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correct to the t of the knowledge and belief.
Monika Tahoun
�` Applicants 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: ,00 -/7 1-(),? / f C�&
Date Filed Date of PB Hearing % � -2C�zbate of Commission
Petition Required Petition Accepted
Method of Payment
4 116 /09X:\Fo=sTB Application for Public Hearing (Revised 2009).doc
City of South Miami
PB -10 -021 Special Use Approval - Restaurant
7301 SW 57 Court
Feet
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GIS data by Mian
5675
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SW 74TH TER
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547
7532
7563
7548
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SW 76TH ST
5600
August 2, 2010
Attn: City of South Miami Planning Dept.
Letter of Intent
Lady Marmalade Lounge & Cafa 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 Cafa 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 sj . .
Monika T hour
7301 5`tli 57 (St # 170 5 91i e m, 92 33143
Plaza. 57 New Restaurant/Parking
Youkil]s, Sanford
From: Rick Mattaway [rickm @richard - brandon.com]
Sent: Thursday, July 01, 20104:28 PM
To: Youkilis, Sanford; Vageline, Thomas
Subject: Plaza 57 New Restaurant/Parking
Page 1 of 1
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
��33a11iapkl
CCMPAW
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
�Lm L, n........\ CO— A.,.» -f Dnh9a /Dnch�uranY
Rentable Area
Suite # Tenant Sg.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
1,215
150
HSBC Bank
3,711
170
Lady Marmelade
2,047
Total Ground Floor Rentable Area w,/sa
-15
275
16
239
17
272
-3
RFSOLUTIONNO. 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(HD)" 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 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 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
1te3. 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 12005
ATTEST:
APPROVE
"'CITY 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
_
C ATTORNEY
Commissioner Sherar:
Yea
E: \Comm 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
page one of the proposed ordinance to strike 12 hears
in 7 days. Seconded by Commissioner Wiscombe, the
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
on line 38,
and to put
motion to
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: May
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,.5ec.6B33)
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
RESOLUTION (S) /PUBLIC HEARING (S)
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 Z Z
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 & 5117105) 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 to 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 - Jane 7, 2005
South Miami
NI- Ameriea eiry
III11
2001
CITY OF SOUTH MIAMI
To: Honorable Chair &
Planning Board Members
From: Don O'Donniley
Director of Planning.
M
Date: March 29, 2005
Re: Special Use Approval
(2) Restaurants at
7301 SW 57th Court
Applicant: 7300 Investments, LLC
Location: 7301 SW 57th Court
Request: 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 TWO
GENERAL RESTAURANTS IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN
DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301 SW 57`"
COURT
APPLICANT'S REQUEST:
Pursuant to section 20- 3.4(B)(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.. muse 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 kind. 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 e
E:\PB\PB Agen as § §taff Reports\2005 Agendas Staff Reports\3- 29 -05\ PB -05 -009 Restaurants- 7301 SW 57 Am
MIAMI DAILY BUSINESS REVIEW
'Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, 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 - AUGUST 31, 2010
in the XXXX Court,
was published in said newspaper in the issues of
08/20/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this adv(sement for publication in the said
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newspape
Sworn to and subscribed before me this
20 day f AUGUST �, A /JD .220010
(SEAL)
V. PEREZ personally known to me
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(PHONE (305)¢63 -6326;
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Applicant. City of South Miami ..
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i order to allow the Theater or Cinema use in "LO"
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eciib;6 26,14,(B) entitled , ,SPe6jaj Requirements,, by
;section (1 , 9) to , provide pre-set conditions for a theater
use in the 1-6. :Zoning Use > District providing for
providing for ?r namcesin. c I onflict; and providing - an
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06 6j,the 1 Mayor,amd I City Conninission of the City Of
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3.1.. entitled . Use Districts and -Purposes" and.
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On Tuesday,
as the Local P
NOTICE OF PUBLIC HEAMNIG
CITY 00 SOUTH MIAMI
Planning and Zoning Department
6130 Sunset Drive; South Miami, Florida 33143
p pi aX #7
hnn - l"Iffi,i 66�-,63�� :(305 6613-7356
31 . 2010 at;7.30 P.M.,ih6tityr of Sout!
farminij Agencytivill conduct aPublic . h . effiring in
following arriendmen t to the text of the South,
South Miami
the Mayor and CRY Commission Of
a
and
Board acting in its Ct
Sion Chambers at the
iprehansive Plan Future Land Use
nigthilgliaml,11orlda, amending
be . Cominnitimmaive plan Future
Oettigory entitled "Mixed Use-
infied-to develoPMBntPrOJ.ects
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I On Tuesday, Augl6st 31, 2010 at 7:30 P.M,, the City of South Miami Planning Board pu
hearings In the, City Commission Chambers atthe above address on the following items!
PS_j,0_621
ApolLeant: Lady Marmalade Lounge & Cafe - Z
Location: 7301 SW 57 Court
City Commission of the City of South Miami, Florida, releting� to a
A Resolution of the..MayaIr and - S O'er peol ImseAppicival
. .. . I 1 .1 1 , 96.3.4(b)(4)(b) of,thel.qrud Bevel Orme tCO f a
recirestioursumittio Section
to legatee general restau I ra . ad . at 7301. SW 57 Court (Plaza 57 Building) Within 06 "SNHD-CVY'
specialty Retail (Ham . elowli District - Overlay Zone); and providing an offectivo date,
PC -10-62
Applic2ni City of South Miami
An Ordinance of Ule Mayor and City Commission Of the City Of StuthMiami, Florida, amending
..the 5outh'Sa)iami., Land Ds;Velopinent Code by amending Sectio7 2fi- 3.3(d) entliatIL"Parml
It' ad Use
Ught-Intensitif Office Zoning Use
a h, Monte"
-District as an 'IS" Special Use and amending Section, 201-3.4 (0) entitled 'Special R-trJ .0
by b ni, subsection (19) to pyou; a are-set conditions for 0 theater. Or cinema use in the LO
real "d I
Zoning 090-District; providing for se'verabilny, providing for ordinances in conflict; and providing
an , offective date.
Pt -1.0 -024
An Rmyrd: City of South Miami
An Ordinance of the Mayor and City Commission Of the City 61 South Miami, Florida, amending the
Land Development Code Section 20-3-1 entitled "Zoning Use Diathits and Purposem"and amending
"Dimensional
'n
Section 20-3.3(D) entitled "Permitted Use Schedule" and Section 20- 3.5(6) entitled i imonsional
Requirements Nouresidentel.DistriCts!' loader to create a ,MU-SH", Mixed Use - Special Housing
(Two story) Zoning Use District and to describe the purpose of the district, set forth uses per I rattled,
and establish dimensional I requirements, all for 6 zoning use district which in the Suture could
be applied to development projects providing affordable housing, unit's and commercial uses;
providing an efective date; providing for sburembility, providing' for ordinances in confilitt; and
providing an effective date.
rovi
All interested parties are urged to attend. objections or expressions of approval may be made in person at the hearing or filed in writing
prior to or at the hearing. The.planning Board reserves the night to recommend to the City Commission whatever the board considers
in the best interest' or, the area involved. Interested Parties requesting information are asked to contact the Planning and Zoning
Department by calling 3,05663 -6326 of writing to the address indicated above.
You are hereby advised that if any person seems to appeal any decision made With respect to any matter considered at this meeting.
or bearing such person will need a recorder the prdetedings, and for such purpose may need to an - sure that a verbatim record of the
proceedings is made, which record includes the testimony and evidenced upon which the appeal is to be based (E6.286.0105). Polar to
hearing number when making any inquiry.
SOUT
I ' mum INCORPORATED
CITY OF SOUTH MIAMI raft
PLANNING BOARD
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
IH. 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 57a` Court. The proposed
restaurant to be called Lady Marmalade Lounge and Cafe 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 6of8
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 im 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.doc
Page 1 of 4
August 31, 2010 1 v
Submitted to the Planning 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?
Staffs 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.
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 741h 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.
Res ectful%�sub tted,
Richard Mattaway
7360 Investments, LL
Managing Member
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7-1
-7-1
No
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- streets aces adjacent to a lot shall count toward the arkin re uirements for that
f• a �na�� nno r an e even 1 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
�x�rl3`
a �ae9
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
exiing off, - street parking shall not be removed.
(5) An Chan es in use m a ouuain wiu rG c a =� u LL - •- - - -- -
ursuant to (B above. " the new combination of uses requires additional par g
spaces, a ee 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. No. 31 -09 -2023, § 2, 12 -8 -09)
Supp. No. 13 150
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