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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
2001
The Honorable Mayor and Members of t~~!J"Y Commission
Hector Mirabile, Ph.D, City Manager /'1 .t
Keith A, Ng, CFM, Operations Man/ge: h ... ~ ~
Public Works & Engineering and constructi~n ~'-7
January 25, 2012 Agenda Item No.:
Proposed Florida's Department of Transportation (FDOT) design modifications along
Red Road/ SW 57th Avenue calls for the removal of two (2) parallel, on-street parking
spaces in front of the "Delicias de Espana" restaurant. By way of this resolution, the
City is requesting FDOT to keep the existing parking spaces for the use of adjacent
City of South Miami business patrons, so as not to harm the businesses.
A resolution by the Mayor and City Commission of the City of South Miami, Florida,
encouraging FDOT to consider a design exception or alternatives to preclude the
removal of on-street parking along Red Road adjacent to the property located at 4000-
4020 SW 57'h Avenue.
Road improvements for Red Road are initiated by FDOT. Under the current plan, the
proposed modifications include travel lane widths reductions and installing bike lanes
along Red Road. Parts of the travel lane modifications include the removal of two (2)
parallel, on-street parking spaces in front of the above-mentioned property. On January
11, 2012, legal representatives for the above-referenced property corresponded with
the City Mayor emphasizing that the area is part of an urbanized commercial corridor
and is dependent on parking spaces to meet customer demand. Resolution #68-01-
11216, passed and adopted on May 15, 2011, approved a restaurant at the south end
of the property at 4016-2020 Red Road and is also dependent on the affected parking
spaces for their daily business dealings.
Removal of these spaces for customers visiting the property will impact the property
owner to provide sufficient visitor parking for the tenants that operate from the property.
Petitions were received from tenants and visitors of the property urging City
representatives to engage with FDOT to request alternatives in their design to preclude
the removal of the parking spaces adjacent to the aforementioned property.
Not applicable. The project is managed and funded by FDOT.
Not applicable
Backup Documentation:
o Proposed Resolution
o Letter from Bilzin Sum berg -Attorneys at Law
o Aerial Photo
o Resolution # 68-01-11216
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RESOLUTION NO.: _____ _
A Resolution encouraging the State of Florida's Department of Transportation (FOOT) to
consider a design exception or alternatives to preclude the removal of on-street parking
along Red Road adjacent to the property located at 4000-4020 SW 57th Avenue.
WHEREAS, the current FDOT proposed modifications include travel lane widths reductions and
installing bike lanes along Red Road. Parts of the travel lane modifications include the removal of two (2) parallel,
on-street parking spaces in front of the above-mentioned property.
WHEREAS, on January 11, 2012, legal representatives for the above-referenced property
corresponded with City representatives emphasizing that the area is part of an urbanized commercial corridor and
is dependent on parking spaces to meet customer demand. Removal of these spaces for customers visiting the
property will impact the property owner and prevent them from providing sufficient visitor parking for the tenants
that operate from the property.
WHEREAS, resolution #68-01-11216, passed and adopted on May 15, 2011, approved a restaurant at
the south end of the property at 4016-2020 Red Road and is also dependent on the affected parking spaces for
their daily business dealings.
WHEREAS, petitions were received from tenants and visitors of the property urging City representatives
to engage and discuss with FDOT to request alternatives in their design to preclude the removal of the parking
spaces adjacent to the aforementioned property.
WHEREAS, the Mayor and City Commission of the City of South Miami, Florida support the property
owners request that the State of Florida's Department of Transportation consider a design exception or alternatives
to preclude the removal of on-street parking along Red Road adjacent to the property located at 4000-4020 SW
57th Avenue.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission of the City of South Miami, Florida request and
encourage the State of Florida's Department of Transportation (FDOT) to consider a design exception or
alternatives to preclude the removal of on-street parking along Red Road adjacent to the property located at 4000-
4020 SW 57th Avenue.
Section 2: This resolution shall become effective immediately upon adoption by vote of the City
Commission.
PASSED AND ADOPTED this ___ day of ______ " 2012.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Bilzin Sumberg
ATTO;~I'.]EYS ,<\T L,!>"VV
The Honorable Philip K. Stoddard, Pd.D., Mayor
City of South Miami
City Hall
613 0 Sunset Drive
SouthMiami, Florida 33143
RE: Proposed FDOT Modifications Adjacent to "Allen Drugs" Property-
4000-4020 S.W. 57 Avenue, City of South Miami
Dear Mayor Stoddard:
Jerry B, Proctor, Esq.
rei 305.350.2361
Fax 305.351.2250
jproctor@bilzin.com
January 11,2012
Out" firm represents Matthews-Jacobs Investments ("Owner"), property owner of
approximately . .45 acres of land located on the west side of S.W. 57 Avenue ("Red Road"),
between S.W. 40 Street ("Bird Road") and S.W. 41 Street, in the City of South Miami (the
"Property"). The Property includes the "Allen Drugs" facility, as well as other retail uses, and
includes approximately IS, I 00 square feet of commercial floor area.
Improvement plans for Red Road from the State of Florida Department of Transportation
("FDOT") will be introduced to the City of South Miami, as well as to the City of Coral Gables,
in upcoming weeks. The proposed modifications consist primarily of modifying travel lane
widths on Red Road and installing bike lanes along Red Road. FDOT representatives have
already met with the City's Green Task Force regarding these plans.
Enclosed please find initial plans for the area adjacent to the Property. Due to "site
distance" considerations, FDOT tentatively plans to remove two (2) parallel, on-street parking
spaces located along Red Road, just north of S.W. 41 Street. There are currently seven (7) on-
street parking spaces in this area. As you know, this particular area is part of an urbanized
commercial corridor, dependent upon public parking spaces to meet customer demands and
maintain the existing buildings. There is some on-street parking to the west along S W 41 Street
in this area, in addition to the seven spaces along Red Road.
Removal of almost one-third of the on-street parking available for customers visiting the
Property would significantly impair the ability of the owner to provide sufficient visitor parking
for the tenants which operate from the Property. The owner has accumulated the attached
petitions from tenants and visitors to the Property, as well as tenants and visitors of the adjacent
commercial properties to the west, which also run from Bird Road to S.W. 41 Street. Many of
BILZIN SUMBERG BAENA PRICE & AXELROD LLP MlAM12870557.17319013706
1450 Brickell Avenue, Suite 2300, Miami. FL 33131-3456 Te! 305.374.7580 Fax 305.374.7593
The Honorable Philip K. Stoddard, Mayor
City of South Miami
January 11,2012
Page 2
the petitioners reside in the City, or in the adjacent residential area in the City of Coral Gables,
across Red Road to the east. In addition, I have attached a copy of City of South Miami
Resolution #68-01-11216, passed and adopted by the Mayor and City Commission on May 15,
2001 (the "2001 Resolution"). The 2001 Resolution approved a restaurant at the southern end of
the Property, at 4016 -4020 Red Road. The restaurant still operates at the southern end cif the
Property, directly adjacent to the two on-street spaces that would be removed by FDOT.
In your consideration of this issue, I believe that it is important that the seven on-street
parking spaces on Red Road were an important part of the analysis in the deliberations that led to
the 200 I Resolution. Additional on-street parking was created on S. W. 41 Street to address the
parking needs in the area with substantial funds (over $25,000) proffered by the Owner to the
City to accomplish this objective. Preservation of the "status quo" is impOliant to address the
letter and spirit of the parking considerations a decade ago, to give the Owner and tenants
comfort going forward.
Please accept this request to take this matter under consideration and consider the
adoption of legislation at a regularly scheduled City Commission hearing that would encourage'
FDOT to consider design exceptions, or other avenues that might preclude the removal of on-
street parking on Red Road adjacent to the Property.
Lastly, our client resides in Arizona and requires reasonable notice to attend any public
hearings affecting this Property. I would appreciate it if you, or your City's staff, could
coordinate any legislative action with me for scheduling purposes.
Thank you for your consideration.
Sincerely,
CC (With Enclosures):
Honorable Valerie Newman, Vice Mayor, City of South Miami
Honorable Brian D. Beasley, City Commissioner, City of South Miami
Honorable Velma Palmer, City Commissioner, City of South Miami
Honorable Walter A. Harris, City Commissioner, City of South Miami
Hector Mirabile, Ph.D., City Manager, City of South Miami
Keith Ng, Public Works Project Manager, City of South Miami
Jefrey Matthews
Tere Garcia, Bermello Ajamil & Partners, FDOT Consultant
Ana Arvelo, Florida Department of Transportation
Favio Laverde, Corradino & Associates
MIAMI 2870557.17319013706
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
RESOLUTION NO. 68-01-11216
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 "DELICIAS de ESPANA" IN
THE"GR", GENERAL RETAIL ZONING DISTRICT SPECIFICALLY LOCATED AT
4016 AND 4020 SW 57 th A VENUE.
WHEREAS, Ernesto Llerandi on behalf of "Delicias de Espana has submitted an application for a
special use to allow a general restaurant to be located in the "GR" General Retail District Zoning District
specifically at40J6 and 4020 SW 57'h AVeliue; and
WHEREAS, a general restaurant is allowed as a special use in the "GR" General Retail District
Zoning District subject to meeting certain conditions specified in Land Development Code 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, the Planning Department staff has recommended approval of the special use request
subject to certain conditions; and
WHEREAS, on April 24, 2001 the Planning Board, after public hearing, voted (4-3) to
recommend denial 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 Department staff, as specified below.
NOW, THEREFORE, BE [T RESOLVED BY THE MAYOR AND ClTY COMMISSION OF
THE CITY OF SOUTH MlAMI, FLORIDA:
Section 1: That an application for special use to allow a general restaurant to be located in the
"OR" General Retall District Zoning District specifically at 401.6 and 4020 SW 57"' Avenue; is hereby
approved subject to the following conditions:
1) That the establishment be given a conditional Occupancy License, until the parking
agreement is paid off in full. The Occupational License shall be revocable in the event
that the parking agreement is not paid in full.
Page 2 of Res. No. 68-01-11216
Section 2; This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 15, day of May, 2001.
READ AND APPROVED AS TO FORM;
APP~ 4/ . '~L-~
MAYOR
Commission Vote;
Mayor Robaina;
Vice Mayor Feliu
Commissioner Bethel;
Commissioner Russell
Commissioner Wiscombe;
4-0'
Yea
Yea
Yea
Yea
Not present