9CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members ofthe City Commission
Via: Hector Mirabile, Ph.D., City Manager If
From: Christopher Brimo, AICP ~ ,.,il!
Planning Director ~ I' /
Date: October 4,2011
Applicant: Vanessa Hawkins -Fresh Dash.
Location: 5845 Sunset Drive
ITEM No.-L
A Resolution 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 5845
Sunset Drive withiu the "SR(HP-OV)" Specialty Retail (Historic Preservation-
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
is requesting Special Use Approval to operate a general restaurant at the above referenced
location. The location of the restaurant is a ground floor unit of the Sunset 58, LLC
shopping center; a designated historic structure. This business is already in operation at
this location and sells primarily frozen yogurt, but also provides pre prepared items and
salads. No cooking is done on the premises and it is currently licensed as an "ice cream
parlor".
The property is located in the "SR(HP-OV)" Specialty Retail (Historic Preservation-
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.
The Planning Board at their August 30, 2011 regular meeting, following a public hearing
voted unanimously to recommend approval of the special use application to the City
Commission.
STAFF ANALYSIS
The applicant is requesting the special use designation as a restaurant to allow seating
within this establishment. The permitted use schedule of the Land Development Code
(LDC) permits "confectionary or ice cream parlor" within the SR zoning district.
However, this use is not specifically defined and has not historically been considered a
"restaurant" use. As such, a mechanism to allow seating in ice cream parlors has been
dependant on individual interpretation, and somewhat inconsistent. This issue is currently
being addressed separately by an amendment to the Land Development Code.
2001
The restaurant is called Fresh Dash and is located on the north side of Sunset Drive,
facing Sunset Drive between SW 5S tl1 Avenue and South Dixie Highway. The restaurant
is located on the ground floor of the building as indicated in the Fig. 1 below. This is the
second restaurant in the building; Old Lisbon is the other restaurant currently located in
this building.
Figure 1
The restaurant occupies 1,102 square feet and because it is located in a historic structure,
the use is exempt from the City's off-street parking requirements.
Section 20-4.11 -Special provisions applicable to designated historic sites.
(B) OjJStreet Parking Requirements: Notwithstanding the provisions of Section 20-4.4.
designated historic sites are exempt from all parking requirements.
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:
Will not adversely affect the health or safety of persons residing or working in the
vicinity of the proposed use;
Will not be detrimental to the public welfare or property or improvements m the
neighborhood; and,
Complies with all other applicable Code provisions.
RECOMMENDATION
The requested special use approval for the restaurant at this location is appropriate
because of the generally low impact nature of this specific use; its compatibility with the
district and surrounding neighborhood. Staff recommends approval of the request with
the following conditions.
1. All signage for the new establishment is subject to approval by the Historic
Review Board.
2. Any and all exterior renovations or modifications for the new establishment is
subject to approval by the Historic Review Board.
3. Adhere to the Special Conditions applicable in Section 20-3.4(B)(4)(b)General
Restaurant and Section 20-5.8 Special Use Approval of the Land Development
Code, listed.
4. A separate application for outdoor dining would be required as per Section 20-
3.3(E)(2) Outdoor Seating! Dining for all commercial Properties, of the Land
Development Code.
5. If the subject general restaurant is determined by the Planning and Zoning
Director in the future, to be adversely affecting the health or safety of persons
residing or working in the vicinity of the proposed use, or to be detrimental to the
public welfare or property or improvements in the neighborhood, or not be in
compliance with other applicable Code provisions, the special use approval may
be modified or revoked by the City Commission upon notification and a public
hearing.
Attachments:
Draft Resolution
Planning Board Report
Application
Location Map
Letter of Intent
Survey
Restaurant SitelFloor Plans
Draft Planning Board Minutes
Z:\Comm Items\2011\1O-4 M ll\Special Use M 5845 Sunset Drive\Special Usc_Restaurant_5845 Sunset Dr eM Report-9-28-1 Ldoc
1 RESOLUTION NO., __ _
2
3 A Resolution relating to a request pursuant to Section 20-3.4(b )(4)(b) of the
4 Land Development Code for Special Use Approval to locate a general
5 restaurant at 5845 Sunset Drive "SR(HP-OV)" Specialty Retail (Historic
6 Preservation-Overlay Zone); and providing an effective date.
7
8 WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC),
9 the applicant, Fresh Dash yoghurt submitted to the Planning Board Application No, PB-II-024
10 requesting a Special Use Approval to operate a general restaurant to be located on the ground
11 floor of an existing mixed use building at 5845 Sunset Drive within the "SR(HP-OV),"
12 Specialty Retail Historic Preservation Overlay Zoning District; and
13
14 WHEREAS, a general restaurant is a retail use which is permitted as a special use in
15 within the "SR(HP-OV)," Specialty Retail Historic Preservation Overlay Zoning District; and is
16 subject to meeting general conditions specified in LDC Section 20-5.8 and subject to meeting
17 special use requirements set forth in LDC Section20-3.4(B)(4)(b); and
18
19 WHEREAS, the approval of a special use requires a recommendation from the Planning
20 Board and the approval of the City Commission after a public hearing; and
21
22 WHEREAS, at its August 30, 2011 meeting the Planning Board, after public hearing,
23 failed to adopt a motion recommending approval of the special use restaurant request.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
27
28 Section 1: Special Use Application (PB-ll-024) submitted by applicant Fresh Dash for
29 approval to operate a general restaurant to be located on-the ground floor of an existing mixed
30 use building at 5845 Sunset Drive "SR(HP-OV)" Specialty Retail Historic Preservation-Overlay
31 Zoning district is hereby approved subject to the following conditions:
32
33 (1) All siguage for the new establishment is subject to approval by the Historic Review
34 Board.
35
36 (2) Any and all exterior renovations or modifications for the new establishment is subject to
37 approval by the Historic Review Board.
38
39 (3) Adhere to the Special Conditions applicable in Section 20-3.4(B)(4)(b)General
40 Restaurant and Section 20-5.8 Special Use Approval of the Land Development Code,
41 listed.
42
43 (4) A separate application for outdoor dining would be required as per Section 20-3.3(E)(2)
44 Outdoor Seating I Dining for all commercial Properties, of the Land Development Code.
45
46 (5) If the subject general restaurant is determined by the Planning and Zoning Director in the
47 future, to be adversely affecting the health or safety of persons residing or working in the
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vicinity of the proposed use, or to be detrimental to the public welfare or property or
improvements in the neighborhood, or not be in compliance with other applicable Code
provisions, the special use approval may be modified or revoked by the City Commission
upon notification and a public hearing.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this , day of ___ , 2011.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Z:\Comm Items1201 1\10-4-1 l\Special Use -5845 Sunset Drive\Special Use Restaurant Resolution_5845 Sunset_9-28-11.doc
2
Planning and Zoning Department
City of Sonth Miami
6130 Snnset Drive
South Miami, Fl. 33143
(0) 305-663-6326 (F) 305-668-7356
September 28, 20 II
Fresh Dash
Attn: Vanessa Hawkins
5845 Sunset Drive
Miami, FL 33143
South Miami
bO.d
Alld\.merica Cilv
'I Ii J.'
2001
RE: Plarming Board Application PB-II-024: Special Use Approval ApplicatioI)
to pennit General Restaurant at 5845 Sunset Drive.
Dear Ms. Hawkins:
This communication is to infonn you that yoUr application for Special Use Approval to
pennit a General Restaurant at 5845 Sunset Drive is scheduled for a public hearing at
the City Commission's Tuesday, October 4, 2011 meeting, which begins at 7:30 PM,
in the City Commission Chambers, South Miami, City Hall.
Sincerely yours,
~Chr~ h( B~P~ICP D'· ~ IStOp er ~irli~I , lrector
Planning and Zoning Department
MWL
Z:\Comm Items\20 1 1\10·4·1 l\$pecial Use" 5845 Sunset Drive\AppIicant's Mail Notice PB-11-024.doc
To: Honorable Chair &
Planning Board Members
From: Christopher Brimo, AICP, Director
Planning and Zoning Department
PB-ll-024
Applicant: Vanessa Hawkins -Fresh Dash.
Location: 5845 Sunset Drive
South Miami
b*d imp
2001
Date: Angust 30, 2011
Re: Special Use Application
Restauraut
5845 Sunset Drive
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 5845 Sunset Drive within the "SR(HP-OV)"
Specialty Retail (Historic Preservation-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 is
requesting Special Use Approval to operate a general restaurant at the above referenced location.
The location of the restaurant is a ground floor unit of the Sunset 58, LLC shopping center; a
designated historic structure. It is important to note that the business is already in operation at
this location, and sells primarily frozen yogurt, but also provides pre prepared items and salads.
No cooking is done on the premises and it is currently licensed as an "ice cream parlor".
The property is located in the "SR(HP-OV)" Specialty Retail (Historic Preservation-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
The reason for the applicant's request to be designated as a restaurant is to allow interior seating.
The pennitted use schedule of the Land Development Code (LDC) pennits "confectio nary or
ice cream parlor" within the SR zoning district. However, this use is not specifically defined
and has not historically been considered a "restaurant" use. As such, a mechanism to allow
seating in ice cream parlors has been dependant on individual interpretation, and somewhat
inconsistent.
The restaurant is called Fresh Dash and is located on the north side of Sunset Drive, facing
Sunset Drive between SW 58 ti1 Avenue and South Dixie Highway. The restaurant is located on
the ground floor of the building as indicated in the Fig. I below. This is the second restaurant in
the building.
• 1 -
5845 Sunset Dr. Special Use Approval
Augus/30,20l1
Figure I
Fresh Dash
The restaurant occupies 1,102 square feet and because it is located in a historic structure, the use
is exempt from the City's off-street parking requirements.
Section 20-4.11 -Special provisions applicable to designated historic sites.
(B) OjJStreet Parking Requirements. Notwithstanding the provisions of Section 20-4.4,
designated historic sites are exempt from all parking requirements.
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 appropriate because of L'te
low impact nature of this specific use; its compatibility with the district and surrounding
neighborhood; the use already exists and the request is to allow interior seating. Staff
recommends approval of the request.
Attachments:
Application
Location Map
Letter of Intent
Copies of Public notices
Survey
Restaurant SitelFloor Plans
Z:\PB\PB Agendas Staff Reports\201I Agendas StaffReports\8~30~11\PB-II-024 Special use Restauranc 5845 Sunset DcFresh Dash.doc
-2 -
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33 143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: 3'Et.J5 Sv..l~~ Lot(s) _. Block --Subdivision
PB ~, .vJ~. R.,., --Meets & Bounds:
Applicant: V~G'r.~ rt~,d;J <;,. Phone: &Or'"~ 1{J1.>"-'1 QS'1
Representative:
$lw..G-
Organization:
Address: Phone:
Property Owner: 3' Vt.--J54 )~ Uc. Signature: /?~ J:le f>-'f Mailing Address: I &.p o (L.r f (/A,~.1 Phone: ;JoJ )Jd {;)./Ij fL 73/ VJ S' , i"" 11'7
Architect/Engineer: <;? Phone:
_T""'"
re~.,.o \(.", 'j,", '0 s: -
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
£Owner Owner's Representative Contract to purchase Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: ! I~UBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM; PLEASE CHECK ALL THAT APPLY:
-Text Amendment to LDC _Variance I -Letter of intent
_ Zoning Map Amendment v'1i pecial Use _ Justifications for change
_ PUD Approval _Special Exception _ Statement of hardship
_ PUD Major Change _Other (Waiver of Plat) _ Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code sections; _ Contract to purchase
_ Current survey (1 original sealed and
~, 20-"5' ·-H:B) l 'f) signed/1 reduced copy @ 11" x 17")
_ 15 copies of Site Plan and Floor Plans
_ 1 reduced copy@ 11" x 17"
_ Affidavit-Receipts attesting to mail
notices sent
Section; --Subsection; __ Page#: __ Amended Date:
_ Mailing labels (3 sets) and map
_ Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are ttue and
correct to the best of the applicant's knowledge and belief,
, (-r.:~, '. )
>-j k:..,:.<-,,",($~ \ :~>-~k,,··J V-:-'-\ ! \ll . .0 ,\p Y .
A'ppIicant's .. SignafuFe-and1itle Print Name
(J1-2·9~7o! /
Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant
OFFICE USE ONLY:
Date Filed,_-,-__ -'-
Petition Required,-:-__
Method of Payment
Date of PB Hearing
Petition Accepted -----
4/16/09X:\Forms\PB Application for Public Hearing (Revised 2009).doc
Date of Commission _____ _
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
Pla.'1l1ing and Zoning Department
6130 Sunset Drive; South Miami, Fiorida 33143
Phone: (305) 663-6326; Fax #: (305) 668-7356
On Tuesday, August 30,2011 at 7:30 P.M., the City of South Miami's Plant-ling Board
will conduct a public hearing iIl the City Commission Chambers at the above address on
the following item:
PB-ll-024
Applicant: Vanessa Hawkins (Fresh Dash)
Location: 5845 Sunset Drive
A Resolution of the Mayor and City Commission, 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 5845 Sunset Drive within the "SR(HP-OV)" Specialty
Retail (Historic Preservation-Overlay); and providing an effective date.
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 right to recommend to
the City Commission whatever the board considers in the best interest for the area involved. Interested parties
requesting information are asked to contact the Planning and Zoning Departtnent by calling 305-663-
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 hearing number when making
any inquiry.
(See location map on the back of this notice)
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MIAMI DA!l Y 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
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miamj¥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 30, 2011
In the XXXX Court,
was published 'in said newspaper in the issues of
08/19/2011
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
her~tofore been continuously published in said Mjamj~Dade County,
Flonda, 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 MiamiwDade 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 th' ertisem t for publication in the said
n
_-<""'mTlO1ffia:stiB!sfcc~nbed before me this
'-----9 day of AUGUST ,A.D. 2011
~#:4t",
(SEAL)
MARIA MESA personally known to me
Nolary Publ~ Slate oi Florida
Cheryl H. Marmer
My Commission 00793490
Expires 0711812012
NOTICE OF PIJBI.ICHEARING
CITY .011' SOUTH MIAMI
. PLANNiNG AND ZON!NG DEPARTMENT
6130 SUNsih" DRiVE; SOUTH
... MIAMI,FLORIDA33143
.. PHONE: (305)6i>3.63i6;
i'.A)(#:(305j66S.7356 .. ·
dn'T~~daY;"::AU9~i;r~j(2911.:a{t:30· P.M •• ~h~ (;~,,~f S~~h Mia~ll's
Planning B9,ird lNiU, 'ConduCt ptJb),ic ,:h~arings, in the: ,.CIty 9ommission
ChamberS'at.the above address ori the following items:
PB~j"'~~4 ~". ' ,;": ':"'~' .' " .;' .. ,"."
AppllcantVane"saHawkins (Fresh Dash) <i:,., ., ..
LocatIon:.5645 Sunsel Drive., \ ". :', '.:: :,,',. :''';.'.-'. ..'
A .. ResoIUli()n of ihe 'Mayor and: City CO'mmlsslon;' 'relating,'.-to a
request . pursuant. 10 Sectlon20-3.4(B)(4)(b) of .·the.land.
Development Code for: Special Usa Approval. -to 'locate' a general
~"ll;ul)ll1t al5?45, ~~~.t Driv,," within the "SR(HP-()V)" Specialty
R~,iI..Jf:Jis,~ri,~,:P.r~J\'VaU~n-OVerlaY)j· and providing an. ,effective . date; <:cy:., .. -, ".' .. '. .. . .. .. .
PB~1'j~Qg'5 ·,c., ''' .... ,1:.... , ' __ \". ,.::'; ... :, ,,':.
AppJ,il?8nt;:Metro So,uVl ~~nioi Apartments Umllec'-Parmership
Lo1:¢ori:6101Su~etPfJV.. .•.. ...• .... •.. .'
A Resoitition of the Mayoran~ City Commissiofl, related to arequest
, pUrSuaint, to Section 20~!9 ".: __ of-th~' Land Development Code tilled
Specfat eXceptlo~:for,speCial use approvallo develop,it ninety..one
(9!) l:'nit sen,q(~',~~~lat,ptp'jei:t,wlt~ Structure~ parking wi~hiri the:
Transit DrientodDeVelopl\lant DlstrJqt Pdlxod U_(TODO MU-4)
and Transit 'Oriented ."Developmel1t District .P!lj~ed, USH . (TODD
MU~5) zoning dlsJrict;'artd proViding an effective date. . .
Pb-1"1-ll26'···· "., .. .. .
Applicant: City of SoUth Miami >'-". ",':',~. " .. :, ,"
An ordinance of the~rnayor 'and city commis.sion ,al'THlinding section
2()"2.3 of the land development code tWad definitiOns in order «iin--
clude' ~ new c:feflnft!Oh' ·for tce cream parlor whiph provides stan--.
dards for sea--Jng requirements With,n thes~ uses; and, amending the
general detinltion,of mlaurants to include a.new definition for eat ..
lng etrtabliShmentsj' aoo providing an effectiveda!e. ' ,
PB-1H!27." '< .'1 .... (""" ''''': :
Applicant: Cily of South Mi.aml _
DiscusSion, Of ,8.PrOPOsed Ordinance amending ~e pitY's 'Land
Devetopment . Co~' . ·to : ,. include a :Mj)(ed~Use 38 story (NiV-S)
"ir~sltio.nl:1I".~nll"!g d.iW1ct. .-
All 'interested partie'~. ar~ urged to attend. Objections, 0; ~xpress!ons of
approval may~e made in person at the hearing or.Wed in writing prior to or
at the hearing. The Planning Board reserves the right to recommend to
the City Commission whateverthe:board considers in the best interest for '
the. area involved. Interested parties requesting information are asked to
contact .1hePlaniling and Zoning Qepartmentby calling 305-663·6326 or
writing'to' the address indicated above.
. Y ou ,are hereby. ad~iSed that if any' person desires to ap'peal any decision
made with respect to a,ny matter considered at this meeting or hearing,
s~ch person wm need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings.ls made.
which record includes the testimony and evidence upon which the appeal
is to be based (F.S. 286,0105). Refer to hearing number when making
any inquirY.
8/t9 11-3-21211744117M
July 28, 2011
City of South Miami
6130 Sunset Drive
South Miami, FJ. 33143
To Whom It May Concern:
The Fresh Dash Corporation
5845 Sunset Drive
Miami, FI. 33165
(305)495-9959
Our names are Vanessa Hawkins and Carolina Peralta we are the owners of The Fresh Dash
Corp, located at 5845 Sunset Drive, Miami, FI. 33143. Please accept this letter as a request for the
special use permit. We believe this permit will it be beneficial to our customers and to the future success
of our business. Please allow us the opportunity to apply for this permit.
Please contact US at the number listed above for any additional requirements regarding the
application process.
Sincerely, ,r ~,/~-. ~ l~s ,'\J::.~ ~ ~a--Hawkins Carolina Peralta
July 27,2011
City of South Miami
6130 Sunset Drive
South Miami, FI. 33143
SUNSET 58, LLC
7600 RED ROAD
SUITE 124
SOUTH MIAMI, FL. 33143
305-284-1214
To Whom It May Concern:
My name is Steve Halegua and I am the property owner of a shopping
center known as Sunset 58, LLC located at 5835-5855 Sunset Drive. My
tenant located at 5845 Sunset Drive, Fresh Dash, would like to apply for
special use/seating and I have no objections.
If you have any questions please call.
STATE OF FLORIDA
COUNTY OF DADE
Sb"""~y
/
Steve PIalegua
Sunset 58, LLC
I hereby certify that on this day, before me, an officer duly
authorized in the State and County Aforesaid to take acknowledgments,
personally appeared Steve Halegua, the person described in and who
executed the foregoing instrument, who is personally known to me.
Witness my hand and official seal in the State and County last
aforesaid this a-r" day of ~h/\ , 2011.
l
.
" o,~tJ1'r P(!'\. Notary Public State of Florida
)1 ~ • Liliana Anon
~ .. ~ My Commission OD999692
"""OFfI"oot Expires 08/12/2014
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F •• &D. to . \-'= /4.'1----~CCOROIHG TO TflE PVlT_ TMrnE:OP, ~~ RECORDED If! PlAT soaK 5 AT PAGE 152 QF' THE PUBUC RECORDS ~ 15.9' SIDEWALK 152.,OO'(R) -1-, , ' .,. OF MINI!!-OAOE CQUNlY, FLORIDA. g 1-1-'"--------, -----------w+-L -l'
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NOTES
NoT VALID UNlESS SEALED 'filTH AN EMBOSSEO SURVE:YOR'S SE.AL
ELEVATIONS ARE 9ASEO ON I~.G.V.D. 1929, M.O C 8M II SOUTH MIAMI, EL 1.3,;.\1 (sw 72 Sf &: US-I)
ROOD LONE '')(" C,P.N. 1206S8-0276 J (07-17-95)
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DATE.: 09-09-05
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CITY OFSOUTI-lMIAMI
PLANNING BOARD
R.egular MeetingMinutes~x()erpt
Tuesday, August30,20rr
City C()mmissionChanibers
7:30P.M.
DRAFT
City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an (lnnual fee of $500 per Ordinance No. 44-08-1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all-legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Mr. Whitman requested a roll call.
Board Members present constitnting a quorum:
Dr. Whitman (Chairman), Mr. Cruz (Vice-Chairman), Mrs. Yanoshik, Mr. Vitalini, Mrs. Beckman,
Mr. Dundorf, and. Dr. Philips .
. Board Member absent: None
City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit
Facilitator).
Board Member absent: Lourdes Cabrera (Principal Planner)
City Attoruey: Mr. Thomas Pepe.
III. Administrative Matters
Dr. Whitman notified the public that Planning Board Item #PB-JJ-025 has been withdrawn.
Mr. Brimo notified the Board that the next scheduled meeting of the Planning Board (September 13,
20 II) is on the same day as the first Budget Hearing for the City. Mr. Brimo then stated that the
meeting should be rescheduled for a later date. Because there were scheduling conflicts between the
Board members, Mr. Brimo stated that he would check the availability of the Commission Chambers
and notify the Board of these dates.
IV. Local Planuing Agency Applications / Public Hearings
PB-ll-024
Applicant: Vanessa Hawkins (Fresh Dash)
Location: 5845 Sunset Drive
A Resolution of the Mayor and City Commission, 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 5845 Sunset Drive within the "SR(HP-OV)" Specialty Retail (Historic
Preservation-Overlay); and providing an effective date.
MWL
Z:IPBIPB Minutes\2011 Minutes\8-30-2011IPB-II-024 Draft Regular Meeting Minutes Excert.doc
Page 1 of3
Mr. Cruz read the item into the record.
Mr. Brimo presented the item to the Planning Board.
Mr. Dundorf asked staff if there is a reason why seating is not allowed in ice cream parlors. Mr.
Brimo stated that because the Land Development Code (LDC) does not specifically allow seating,
then it is prohibited.
Ms. Yanoshik asked staff if this business has to comply with the regulations for frozen garbage
management, of which Mr. Brimo stated that yes.
The Chairman opened the public hearing:
Mr. Pepe swore in all of the individuals who spoke during the public hearing.
NAME
Vanessa Hawkins
ADDRESS
5845 Sunset Drive
SUPPORT/OPPOSE
Support
Ms. Hawkins, the applicant, gave a brief presentation of what kind of business Fresh Dash is.
Mr. Cruz asked the applicant if the tenant pace where Fresh Dash is located will be remodeled. Ms.
Hawkins stated no, she would only like to put indoor seating in her establishment.
Dr. Philips stated that Fresh Dash will have twelve (12) indoor seats and four (4) outdoor seats. Mr.
Brimo then stated that outdoor seating will require a separate application that is approved by the City
Manager. Mr. Brimo explained the regulations for outdoor seating which encompassed American
Disability Act (ADA) requirements. Mr. Cruz then asked if there were any businesses in the area that
already had outdoor seating. Mr. Lightfoot stated that both Old Lisbon Restaurant and Cervezas have
outdoor seating.
Ms. Beckman asked if any of these businesses are in a historic building. Mr. Lightfoot stated that Old
Lisbon Restaurant and Fresh Dash are located in a historically designated building, but wasn't sure if
Cervezas was. Mr. Lightfoot then stated that he would have to check to see if Cervezas was in a
historically designated building. Mr. Brimo then stated that buildings that are historically designated
are exempt from having any parking requirements.
Ms. Yanoshik stated that refrigerated garbage management should be looked into because it wasn't
shown on the floor plan. Ms. Hawkins stated that she uses the dumpster that is located on the site.
Mr. Cruz asked the applicant if there were any indoor seats in the establishment other than the seats
located at the counter of which the applicant stated yes. Mr. Cruz then asked the applicant if the
seating that will be added will be the tables and chairs of which the applicant stated yes.
Mr. Dundorf asked the applicant about the signage. Mr. Brimo stated that the signage will be
reviewed by the Historic Preservation Board.
Mr. Pepe stated that the proposed text amendment to the Land Development Code for ice cream
parlors will provide for five (5) indoor seats. Mr. Pepe then stated that the applicant is asking for
seating larger than what would be allowed in the text amendment. Mr. Brimo stated that Fresh Dash
would be classified as a restaurant which would allow for a larger amount of indoor seating.
MWL
Z:\PI3\PB Minutes\20ll Minutes\8-30-20l I\PB-l 1-024 Draft Regular Meeting Minutes Excert.doc
Page 2 of3
The Chairman closed the public hearing:
Ms. Beckman stated that if this item is passed, Fresh Dash would be classified as a restaurant. She
also stated that because the building is historically designated, the parking requirement has been
waived as well.
Motion: Mr. Cruz motioned to approve PB-ll-024 as written. Ms. Beckman seconded the motion.
Ms. Yanoshik asked the Board about garbage management. Mr. Cruz stated whether this item is
approved by city commission, they still won't be in compliance with the regulations for garbage
management. He then stated that this should be investigated. Mr. Brimo stated that Code
Enforcement will be notified to ensure that the garbage management is handled for the multi-use
building.
Vote: Yea: 7; Nay: 0
V. Approval of Minutes:
LPA Minutes of May 24, 2011 -The Board members reviewed the minutes and were in favor
of approval of the minutes with no changes.
Motion: Dr. Whitman motioned for approval of the minutes as presented. The motion was not
seconded.
Vote: Approved: 7 Opposed: 0
LPA Minutes of June 21, 2011-The Board members reviewed the minutes and were in favor
of approval of the minutes with no changes.
Motion: Dr. Whitman motioned for approval of the minutes as presented. The motion was not
seconded.
Vote: Approved: 7 Opposed: 0
VI. Future Meeting Dates: Will be selected at a later date
VII. Adjournmeut
Dr. Whitman adjourned the Local Planning Agency meeting at 9:58 PM.
MWL
Z:IPBIPB Minutesl2011 MinutesI8·30-201 IIPB-I 1-024 Draft Regular Meeting Minutes Excert.doc
Page 3 of3
MIAMI DAilY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, MIami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/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 -NOTICE OF PUBLIC HEARING
OCTOBER 4, 2011
in the XXXX Court,
was published in said newspaper in the issues of
09/23/2011
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 publlshed 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 sec uri a ve ! ublication in the said
spa
23 daYl:::
-1
(SEAL)
MARIA MESA personally known to me
'f
9/23
or
such
verbatim recbrd of
. testimony al'!d evi-
11-S-169/1759509M
,4~~E _I SUNDAY,SEPT~MB~R 25" 2011 SE
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NEIGHBORS CALENDAR
<>CALENDAR, FROM 37SE
wssois available by phone at
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$54.95. $44.95 ages 3-12, annual
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or bllouxtlanceoonter.com:
'Saby soomer: For ages 5$ and
up: 8-9 p,m. Tuesdays: $5: FOI Meh
Ohly: le~m to "lead"ladie5 CCff&lIy
(In the donce ftoor: 8"9 p,m. Thurs-
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MIami City aall~t: 2200 Uberty Ave ..
Mi~m; Beach: $150 lor 10 clilSSQS. $20
p~r clo,s. 305--929-7007 Of
wWI'I.miamicitywllct.otg:
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(beglnMr) and 6:30'8 p.m.Thuls-
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Mondays and Wednesdays.
Tumba-l>.1nro AerobIcs Class:
!-!Ord·impact dub-style dance cI~ss
with a rive OJ ijt ev€ry dils~: 7;30
p.m. MOIlday, ~r,d Thvrsd~ys: Tiger
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Saturdays. Session t rum tbrough
Oct 1. Session 21s Oct 4·Nov. 12:
Session 3: Nov. 15·0&, 17 (no class
<>TURN TO CALENDAR, 48SE
(~
CITY OF SOUTij MIAMI
COURTESY NOTICE
NOTlCE',S I-!ER'EB)' given that-the CitY Com~ission of tM City of
SOUtil Mlami:FIQrida will condlltt Public Hearings at Us regular City
Commission meeting sclleduled for Tuesdav 0!:Iobel: ... 4L-Wlt.
beginning at 7:30 p.m., in the Cily Commission Chambers, 6130
SUnsel Drive, 10 consider llie following ilem(s):
A Resolution relaling 10 a request PUfsua.". to section)
20-S.4{n){4)(b) 'Of the land Development Code lor
Spe<:ial US11 Approval to locate a genelal reslaurant
al 5845 Sunset Drive within the "SR(HP·OV)" Specially
Retell {HistoriC Preservalion-Ove~ay zone),.
An ordinance amending section 20-2.3, definitions 01 the
land development code 10 include a new definition lor
ice cream parlors, and providing slandards for sealing
requirements wilhi~ these uses; and amending tile general
definition of rll$taumnts.
ALL interested parties are invlled 10 alteno and wilt be
hear<1.
Forlurlilef Information, please contacllhe City Clerk'S Office al:
305-663·6340.
Marla M, Menendez, CMG
City Clerk
Po,,,","llo floM, SlOlule< ?~6~'O~.l'tO C"I '~'Ol>, 1l\M"" 1M ",hi<: ,,,,! ~ , {i<t>O!l~",
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