10South Miami
hOd
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
;ijir
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City;;ana er f {
From: Christopher Brimo, AICP 13m
Planning Director (f j
Date: April 3, 2012
Applicant: 6208 S. Dixie, LLC
Location: 6208 S. Dixie Highway
ITEM No.
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 6208
S. Dixie Highway within the General Retail "GR" zoning district; 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 new general restaurant at the above
referenced location. The location of the restaurant will be in the northeast portion of the
shopping center adjacent to the PETCO. The restaurant is located in the "GR" General
Retail zoning district 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 proposed restaurant to be called Hole in the Wall Grill and will occupy 2, 080 square
feet, and will be located at the northeast section of the shopping center, adjacent to the
PETCO on SW 62 Avenue and US 1. This will be the third restaurant in this shopping
center and will face the parking lot and USl. Pursuant to section 20-3.4(B)(4)(d)
RESTAURANT, DENSITY
Respective restaurant sites shall not be allowed to occupy more than the following
percentage of the allowable first floor building area of any of the following zoning
districts:
NR 5% I 10% OR 25% SR 25%
With the addition of this restaurant use, the total density of restaurants at this shopping
center will be approximately 14% that is below the maximum 25% allowed within the
GR zoning district.
The proposed restaurant will occupy 2,080 square feet and the required parking spaces
for the restaurant will be 21 spaces (l space per 100 sq. ft.). With the proposed addition
2001
of this use, a minimum of 275 parking spaces are required at the shopping center. At
present the one story shopping center provides a total of 288 parking spaces, which
would leave a surplus of 13 parking spaces.
This item went before the Planning Board on February 28, 2012. There residents along
SW 78th Street and behind the shopping center voiced their concerns and submitted
petitions in opposition of the approval of the restaurant at this location. After a public
hearing and public comments, the Board made a motion to approve that failed by a vote
of 3 ayes, and 3 nays. A second motion was made that included a stipulation that the
business close at 11 PM; the motion was approved by a vote of 4 ayes; 2 nays.
Existing Business Parking Space Analysis
Business Use
Bank Atlantic Banking Institution
Petco Pet Sales
Sunrise Liquors Liquor Store
Uniform Advantage Clothing Store
Kyojin Japanese General Restaurant
Classic Barber Shop Beauty/Barbershop
The Shining House Laundromat
Cookies by Design Bakery
Cafe Bonjour General Restaurant
Sherwin-Williams Paint Store
Utrecht Office Supplies Store
Edwin Watts Golf Sporting Goods Store
Party City Variety Store
Total:
Total Parking Available': 288
Total Parking Required: 261
Surplus Parking Available: 27
Square Footage Parking Req. Min. Req. Parking
2,800 1/300 10
22,418 1/300 75
2,080 1/300 7
2,750 1/300 10
5,388 1/100 54
585 1/300 2
928 1/300 4
1,188 1/300 4
1,155 1/100 12
3,182 1/300 11
5,922 1/300 20
5,208 1/300 18
10,000 1/300 34
63,604 261
Total Restaurant Density Allowed in GR (25%): 15,901
Square Footage of Restaurants: 6,543
Existing Restaurant Density: 10%
Includes a total of 12 handicap parking spaces -6 in front parking lot, and 6 in rear parking lot.
Proposed Business Parking Space Analysis
Business Use
Bank Atlantic Banking Institution
Petco Pet Sales
Hole in the Wall General Restaurant
Uniform Advantage Clothing Store
Kyojin Japanese General Restaurant
Classic Barber Shop Beauty/Barbershop
The Shining House Laundromat
Cookies by Design Bakery
Cafe Bonjour General Restaurant
Sherwin-Williams Paint Store
Utrecht Office Supplies Store
Edwin Watts Golf Sporting Goods Store
Party City Variety Store
Total:
Total Parking Available": 288
Total Parking Required: 275
Surplus Parking Available: 13
Square Footage Parking Req. Min. Req. Parking
2,800 1/300 10
22,418 1/300 75
2,080 1/100 21
2,750 1/300 10
5,388 1/100 54
585 1/300 2
928 1/300 4
1,188 1/300 4
1,155 1/100 12
3,182 1/300 11
5,922 1/300 20
5,208 1/300 18
10,000 1/300 34
63,604 275
Total Restaurant Density Allowed in GR (25%): 15,901
Square Footage of Restaurants: 8,623
Proposed Restaurant Density: 14%
Includes a total of 12 handicap parking spaces -6 in front parking lot, and 6 in rear parking lot.
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
Staff recommends approval of this special use request for a general restaurant.
Attachments:
Application/Payment
Location Map
Letter of Intent
Property Owner Authorization
Affidavit of Public Notice
Copies of Public notices
Survey
Restaurant Site/Floor Plans
Planning Board Minutes
Resident Petitions
Z:\Comm Items\2012\4-3-12\6208 S Dixie Hwy_Special Use Restaurant\Special Use_Restaurant_6208 S Dixie CM Report-4-3-
12.doc
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 6208 S. Dixie Highway within the General Retail "GR" zoning
6 district.
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-12-004
10 requesting a Special Use Approval to operate a general restaurant to be located within a shopping
11 center on at 6208 South Dixie Highway, within the General Retail "GR" zoning district; and
12
13 WHEREAS, a general restaurant is permitted as a special use in within the General
14 Retail "GR" zoning district and is subject to meeting general conditions specified in LDC
15 Section 20-5.8 and subject to meeting special use requirements set forth in LDC Section 20-
16 3.4(B)(4)(b); and
17
18 WHEREAS, the approval of a special use requires a recommendation from the Planning
19 Board and the approval of the City Commission after a public hearing; and
20
21 WHEREAS, at its February 28,2012 meeting the Planning Board, after public hearing,
22 adopted a motion recommending approval of the special use restaurant request with the condition
23 that the business close at 11PM.
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-12-004) submitted by applicant 6208 S. Dixie,
29 LLC for approval to operate a general restaurant to be located operate a general restaurant to be
30 located within a shopping center on at 6208 South Dixie Highway, within the General Retail
31 "GR" zoning district is hereby , and if approved it shall be subject to the business
32 closing at __ PM, as well as the following conditions:
33
34 (1) Adhere to the Special Conditions applicable in Section 20-3.4(B)(4)(b)General
35 Restaurant and Section 20-5.8 Special Use Approval of the Land Development Code,
36 listed.
37
38 (2) A separate application for outdoor dining would be required as per Section 20-3.3(E)(2)
39 Outdoor Seating / Dining for all commercial Properties, of the Land Development Code.
40
41 (3) If the subject general restaurant is determined by the Planning and Zoning Director in the
42 future, to be adversely affecting the health or safety of persons residing or working in the
43 vicinity of the proposed use, or to be detrimental to the public welfare or property or
44 improvements in the neighborhood, or not be in compliance with other applicable Code
45 provisions, the special use approval may be modified or revoked by the City Commission
46 upon notification and a public hearing.
47
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this __ , day of ___ , 2012.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
2
APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
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
V. PEREZ, 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 4/3/2012
in the XXXX Court,
was published in said newspaper in the issues of
03/23/2012
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 advertisement fo publication in the said
newspaper.
Sworn to and subscribed before me this
23 day of MARCH ,A.D. 2012
(SEAL)
V. PEREZ personally known to me
Notary Public State of Florida
Cheryl H. Marmer
My Commission 00793490
Expires 07/1812012
THE MIAMI HERALD I MiamiHerald.com
MOTORS
US-1 & South 160-180 Street in Miami southmotors.com
Cash Back On Trane
Air Conditioners.
Buy a Trane Comfort System today,
And receive an Instant Rebate UP to $1,250
A Trane Comfort System wnh an efficiency rating of 20.00 SEER can save you
up to 67% off your power bill, while removing up to 20 gallons of moisture
a day from home -leaving you cool and comfortable. And, n you can act
before May 31,2012, you will get an instant Rebate up to $1,250.00. Pius up
to $1,495 in FPL rebates!
COCONUT GROVE
THE CHERRY GROUP
THE COCONUT GROVE REALTORS
SYLVIA CHERRY, PA
GARY HECHT. PA
305.992.2211
VISIT
CHERRYMIAMIHOMES.COM
SE
Coldwell Banker Residential Real Estate, 3400 Main Highway, Coconut Grove, R 33133
CITY OF SOUTH MIAMI
COURTESY NOTICE
SUNDAY, MARCH 25, 2012 I 21SE
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearings at its regular City Commission meeting scheduled
for Tuesday. April 3. 2012. beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
{
A Resolution relating to a request pursuant to Section 20-3.4(B)(4)(b) of the Lan)
Development Code for Special Use Approval to locate a general restaurant at
6208 S. Dixie Highway within the General Retail "GR" zoning district.
A Resolution relating to a request for two variances from Section 20-3.5(E) of
the Land Development Code, to allow the lot size to be 5,875 square feet, where
a minimum lot size of 6,000 square feet is required; and to allow 50 feet of
frontage where 60 feet is required, on property located at 6457 SW 60th Avenue,
within the RS-4 zoning district; to permit the construction of a new one-story,
LEED certified affordable single family residence within the City's Community
Redevelopment Area.
A Resolution relating to a request for a variance from Section 20-3.5(E) of the
Land Development Code, to allow 54 feet of frontage where 60 feet is required,
on property located at 6501 SW 60th Avenue, within the RS-4 zoning district;
to permit the construction of a new one-story, LEED certified affordable single
family residence within the City's Community Redevelopment Area.
A Resolution authorizing the City Manager to extend the audit contract, relating
to financial audit services, with the audit firm of Keefe, McCullough & CO. LLP.,
for one additional year, for a total of three consecutive years.
An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a)
and (3)(b) concerning membership and powers and duties of the Environmental
Review and Preservation Board.
An Ordinance amending South Miami Code of Ordinances, Chapter 2, Article I,
Sec. 2-2.1(1<)(1) prohibiting the sending and receiving of electronic communication
by a Commission member while the member is sitting on the dais during a
Commission meeting.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any
decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, and that for such purpose, affected person 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.
CITY OF SOUTH MIAMI
PLANNING BOARD
. RegularMeetinifM:inut~s
. Tuesday, .. F ~brual'y;g~,2012"
City Com.missionCfu:u1lbers 1:30 P.M.<:\ ........... .... .
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 annual 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: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mrs. Yanoshik, Mrs. Beckman, Mr. Dundorf, Dr. Philips, and Mr.
Vitalini
Board Member absent: Mr. Cruz (Vice-Chairman)
City staff present: Mr. Christopher Brimo (Planning Director), Ms. Tiffany Hood (Office
Support).
City staff absent: Ms. Lourdes Cabrera (Principal Planner), Mr. Marcus Lightfoot (Permit
Facilitator),
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
The next Planning Board Meeting will be held on March 13,2012.
IV. Public Hearings
PB-12-004
Applicant: 6208 S. Dixie, LLC
Location: 6208 S. Dixie Highway
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 6208 S. Dixie
Highway within the General Retail "GR" zoning district; and providing an effective date.
Mr. Brimo read the item into the record.
NAME ADDRESS SUPPORT/OPPOSE
Z:\Comm Items\20 12\4-3-12\6208 S Dixie Hwy _Special Use Restaurant\PB Meeting Minutes -02-28-12-ExcerptPab~41dM 7
Jerry Proctor 1450 Brickell Avenue Support
Mr. Proctor stated that he is pleased to be representing the proposed proprietor of the restaurant
that will be located at 6208 S. Dixie Hwy. He then stated that this is a special use that is marked
for a restaurant on a map that he has provided to the Board. He also stated that this is one of the
largest shopping centers in South Miami it is over 5 acres and has over seventy-thousand square
feet of floor area. Mr. Proctor stated we think that it is ideal for a restaurant because there is
plenty of parking, the access off of the main thoroughfares of 62 nd and US 1, its well spaced in
terms of the residential area one hundred eighty feet from the closest residential property to the
south of the establishment. Mr. Proctor stated that there is a loading area to the back of the
building with four tiers of parking and some landscaping is there as well. He then stated that this
because of some of the other uses in the plaza abutting the property is the furthest away from the
residential area, it is internal to the center and well away from the residential area. He also stated
that this establishment will occupy two thousand and eighty square feet and it will have a seating
arrangement sixty-four seats.
NAME ADDRESS SUPPORT/OPPOSE
Craig Erickson 14500 SW 79 th Avenue Support
Mr. Erickson is the owner of the Hole in the Wall Grill. He stated that he and Sam Detrick are
partners in another joint venture already established in the Palmetto Bay area. He then stated that
they feel that this location is ideal for a restaurant. He stated that the concept that they have is to
have a people friendly atmosphere where people can engage with one another and have a good
time, they often meet and run into each other again on a return trip to the restaurant. He also
stated that they plan to employ twenty full-time positions for this establishment.
Sam Detrick 8600 SW 181 Street Support
Sam was a part of the management team at Keg South on 104 St. and South Dixie Hwy for over
twenty-years and he approached Mr. Erickson regarding capital to start his own business.
Mr. Dundorf asked about the setbacks or offsets being compatible to a residential area. Mr.
Proctor responded that the Land Development Code (LDC) talks about being compatible to the
area, the layout is there already it is being inherited. Mr. Dundorf stated that as he recalls that
everything opens to the front so there should not even be an issue, is there a rear entrance. Mr.
Erickson responded yes there is a back door and if staff elects to park in the rear then that rear
entrance will be used.
Mrs. Beckman asked the applicant about the hours of operation. Mr. Proctor responded that they
will open at eleven am for lunch until about midnight approximately on the weekends and a little
earlier during the week. Mr. Erickson stated that they have a sports theme; Monday night
football sometimes runs later midnight and on the weekends its rather hard to determine it
usually depends on the crowd but whatever the could will allow that's what they will do.
Mrs. Beckman stated that the noise ordinance stops at eleven pm. Mr. Detrick stated that there
will be no exterior noise it is a contained ... .if the door opens then I guess you could hear people
from inside there is no music outside. Mr. Erickson stated that if it is 11 pm then that's what they
will follow.
Mr. Dundorf asked about limits on hours of operation. Mr. Brimo responded that typically it is
set by what the county allows for service the applicant indicated that they might go to 2am in the
Z:\Comm Itcms\20 12\4-3-12\6208 S Dixie Hwy _Special Use Restaurant\PB Meeting Minutes -02-28-12-ExcerptPa~421m 7
document, if the Board chooses to place conditions that this establishment closes earlier than
2am on the recommendation for approval to the City Commission. Mr. Dundorf then asked if
2am is the limit of the county. Mr. Brimo responded that he does not know the county limit but it
is based on alcohol service and the City of South Miami has noise ordinances at 11 pm; however
there is nothing in the LDC that dictates closing times for restaurants. Mr. Dundorf asked the
applicant the county limit. Mr. Detrick stated the limit at the other location is 2am and he
believes that this is the standard time of closing for the county.
Mrs. Yanoshik asked if the owner of the plaza have any parking leases that have been executed
because occasionally I would see people park their cars in the back and then walk over to a
residential office across the street.
NAME
Lindsey Panky
ADDRESS
4770 Biscayne Blvd.
SUPPORT/OPPOSE
Mr. Panky is the leasing agent hired by Kimco and he stated that there are no leases in place for
parking and if people that are parking there are doing so illegally. Mrs. Beckman asked staff if
we counted all the parking spaces in the front and rear of the property, also the alcohol license is
it a special license that they have to get and is it finite for who can get alcohol licenses. Mr.
Brimo responded that liquor licenses are governed by our code of ordinances and not by the
LDC. He then stated that there are very specific requirements restaurants that front US 1 and Bird
Road specifically are not subject to the five hundred foot distance requirement from residential.
Mr. Dundorf asked the applicant about his findings of the change in clientele changing from
dinnertime to midnight. Mr. Detrick responded that it caters to the neighborhood crowd, he
sponsors two different softball teams, there are other sports such as basketball leagues, tennis and
when they finish playing they come at after 9pm to eat and watch games broadcast on the TV.
Dr. Philips asked about the amount of grease cooking that will be done and how will this affect
the community in terms of smell. Mr. Detrick responded that their current establishment is
situated is on a breezeway and the wind funnels the smoke back into the building, no registered
complaints although neighbors have commented saying that the smell the food and they came
over to eat. Dr. Philips stated that there is a garbage disposal that has already been setup and that
it its available for their use. Mr. Detrick responded yes, that is what they understand. Mr.
Erickson stated that the shopping center has a trash program and they have already allowed them
the eight yard container that Kyojin uses there is a grease disposal in that landscaped area and
restaurants get a small paycheck for their used grease. Mr. Dundorf stated the concern of hiring
employees that reside in the City of South Miami. Mr. Detrick then responded that it makes more
sense to hire people from the neighborhood because they are on time to work and they would be
able to get home safely from work.
The Chairman opened the Public Hearing.
NAME
Bruce Bailey
ADDRESS
6202 S. Dixie Hwy
SUPPORT/OPPOSE
Opposed
Mr. Bailey stated that he has been a resident in South Miami since 1968 and he owns a house one
block away, just five hundred feet away from the proposed property. He then stated that there
was a restaurant " Cami' s" that was in this plaza some years ago and there was a fry situation
Z:\Comm Items\20 12\4-3-12\6208 S Dixie HWL Special Use Restaurant\PB Meeting Minutes -02-28-12-ExcerptFa~'Bdm 7
and maintenance issues with people bringing in pressure cleaning equipment to clean to top of
the tops of the restaurant outside in the parking lot behind there. He also stated that the distance
is fifteen feet from the residential area not one hundred and eighty feet. He then stated that he
can look in the back door of the restaurant from his bedroom window and he feels that if this is a
family restaurant then there is no need for it to be open past 10pm and no need for a liquor
license. He stated a problem with the fact that even if the patrons are not using the back door the
employees are and they are outside cleaning cans and other equipment. He also stated that this
afternoon he walked over behind Kyojin the Japanese Restaurant and there was about two inches
of grease found on the pavement out there where they clean at night and it smells. He later stated
no audible music, no parking or employees in the rear of the establishment after 11 pm.
NAME
Katrina Burkhart
ADDRESS
7730 SW 62 nd Avenue
SUPPORT/OPPOSE
Opposed
Ms. Burkhardt stated that she is here representing 84 residents with a signed petition stating that
they are not interested in having an establishment with a 2am closing in their neighborhood. She
then stated that this establishment should in no way infringe upon their quality of life with the
smell of barbecue 365 days a year, the noise that would be generated from people that are
drinking and loitering in the neighborhood, increased numbers of drinking, loitering and
intoxicated people leads to vandalism, noise and crime, this does not help our property values.
Ms. Burkhardt also stated that she would like to see the Hole in the Wall Grill come to South
Miami however in a different location like on Commerce Lane. She stated that she also has 17
people that have signed affidavits of how their lives have been negatively impacted by local
establishments that have late night closings.
Mr. Dundorf asked about the 84 residents that have signed the petition where do they live. Ms.
Burkhardt presented a map to the Board indicating where the residents live, which is two blocks
to the east and south of the proposed establishment. He then asked Ms. Burkhardt would the
residents have objections if the establishment closed earlier. Ms. Burkhardt responded that she
did not ask those questions and feel that these types of establishments should be in a centralized
location downtown.
NAME
Shirley Hubner
ADDRESS
7500 SW 59 Place
SUPPORT/OPPOSE
Opposed
Ms. Hubner stated that she has experienced problem with late night drinking and loitering from
Fox's. She also stated that she disagrees about the parking in the plaza being minimal, she
frequently goes to Sherwin Williams during lunch time and there is no parking. She then stated
that she does not feel that this is a family style restaurant. She represents the organization GFLP
of 104 residents that will be impacted by this establishment being approved.
NAME
Linda Reynolds
ADDRESS
6221 SW 78 Street
SUPPORT/OPPOSE
Opposed
She stated that Tri-City Electric is leasing at least twelve parking spaces from Kimco in the rear
parking lot behind the proposed establishment. She also stated that she has issue with the owners
regarding the pick-up of garbage from the dumpsters behind the plaza; the noise is affecting the
residents' quality of life.
NAME ADDRESS SUPPORT/OPPOSE
Z:\Comm Items\20 12\4-3-12\6208 S Dixie HWL Speeial Use Restaurant\PB Meeting Minutes -02-28-12-ExcerptPa~4tdm 7
Sharon McCain Opposed
Ms. McCain stated that she does not believe that this is the right location for this establishment.
She then stated that this application should be denied because for these reasons this is one of the
closest restaurants to a neighborhood that she has seen in South Miami and the distance from the
establishment to the residential area is less than one hundred and eighty feet. She also stated that
the parking lot is filled during the week due to Kyojin patrons and on the weekend because of the
patrons of PET CO. She stated that she has a problem with the noise ordinance not being a part of
the backup. She then stated that she did not like the response of time will tell from the owners
regarding the rear entrance of the establishment, it doesn't sit well with her. She also stated she
would like to see this restaurant come to South Miami however in a different location like
downtown; she feels that it is a restaurant that people can afford these days.
NAME ADDRESS SUPPORT/OPPOSE
Fiona Kelligan 7720 SW 62 nd Avenue Opposed
Ms. Kelligan stated that she and her boyfriend are writers and they are interested in a quiet
environment. She then stated that she was appalled to hear that there was talk of outside dining,
as well as live bands which she had not known about. She also stated that they are not calling this
restaurant Cheerful Chuckie Chips they are calling it the Hole in the Wall Grill; I think that says
a lot, I hope that you will deny it.
NAME
Juan Comendeiro
ADDRESS
8450 SW 59 th Avenue
SUPPORT/OPPOSE
Support
Mr. Comendeiro stated that he sympathizes with all the neighbors that live behind this mall; but
it was their choice to buy there nobody forced them, they knew the mall was there that was the
decision that they made. He then stated that the Board is responsible for making decisions based
on what is legal. He also stated that all these people are trying to do is bring a restaurant here that
is allowed by the LDC and they are following all the regulations. He stated again that he
sympathizes with the residents because he goes through the process of calling code enforcement
himself so he knows the frustration that is felt by the residents.
He asked the Board if the petition is presented without certifiable proof is it admissible.
Mr. Pepe responded that it is his opportunity to make a statement and if the Board wants to ask
him a question they can. Dr. Whitman asked Mr. Pepe about the petition process of bringing in
other peoples testimony if they are not present. Mr. Pepe responded that it is hearsay and it is
admissible in a lot of these proceedings; if the Board was making a decision you could still take
into consideration as long as it is not the primary base for the decision. Dr. Whitman asked if this
was a quasi judicial hearing. Mr. Pepe responded no that it is not. Mr. Dundorf asked for the
petition to be passed around for the Board members to see it.
NAME
Jerry Proctor
ADDRESS
1450 Brickell Avenue
SUPPORT/OPPOSE
Support
Mr. Proctor stated that the property is one of the largest commercial properties on US 1, plentiful
parking and there are numerous access points to this plaza. He then stated that this location is
ideal for a small restaurant. He also stated that the use is strictly regulated by the city and the
county; he feels that this restaurant easily complies with those regulations.
Z:\Comm Items\20 12\4-3-12\6208 S Dixie HWL Special Use Restaurant\PB Meeting Minutes -02-28-12-ExcerptPa~4jlm 7
Dr. Whitman stated will this restaurant have a full liquor license or will it only be beer and wine.
Mr. Erickson responded that there will only be beer and wine. Dr. Whitman then asked what
time does Kyojin close in the evenings. Mr. Erickson responded that he does not know the
answer to that. Dr. Whitman also asked there will be any live music. The applicant responded
that they are not permitted to have live music. Mr. Vitalini asked the applicant about their
disposal of trash at closing. Mr. Detrick responded that they sweep up and take the trash out to
the dumpsters.
The Chairman Closed the Public Hearing.
Mr. Dundorf asked Mr. Pepe about what we can and can't consider being compatible with the
neighborhood. Mr. Pepe responded that there is no set rule as to what is compatible in the
neighborhood, its common sense.
Motion: Mr. Dundorf made a motion to deny the proposal due to the residents' response. This
motion was seconded by Mrs. Beckman.
Mrs. Beckman stated that our standard is that we evaluate for the compatibility with the
neighborhood; she then stated that the clincher is the noise that is heard at night because noise
does travel. She also stated that she likes the restaurant however feels that the location is not
right.
Dr. Whitman stated that several residents commented on the late closing time of 2am which is a
non starter; I would hope that we entertain an earlier closing time.
Dr. Philips stated that she likes the idea of passing the proposal with the earlier closing time of
Ilpm.
Mr. Vitalini stated that he also is in favor of the earlier closing time and set limitations on the use
of the back door.
Mrs. Yanoshik stated that the earlier closing time IS favorable and likes the idea of a
compromise.
Vote: Approved: 3 Opposed: 3
Mrs. Beckman: Yes
Mr. Whitman: No
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Mrs. Yanoshik: No
Dr. Philips: No
This motion failed due to a tie vote.
Motion: Dr. Philips motioned to approve with conditions that the closing time is 11 pm and the
back door is to be used by employees only, not as an ingress and egress. This motion was
seconded by Dr. Whitman.
Z:\Comm Items\20 12\4-3-12\6208 S Dixie Hwy _ Special Use Restaurant\PB Meeting Minutes -02-28-12-ExcerptPa~~m 7
Vote: Approved: 4 Opposed: 2
Mrs. Beckman: No
Mr. Whitman: Yes
Mr. Dundorf: No
Mr. Vitalini: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
V. Approval of Minutes:
Planning Board Minutes of January 31, 2012 -The Board members reviewed the minutes and
were in favor of approval of the minutes with no changes.
Motion: Mr. Dundorf motioned for approval of the minutes as presented. This motion was
seconded by Dr. Whitman.
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
VI. Future Meeting Dates: Tuesday, March 13,2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 10:50 PM.
Z:\Comm Items\2012\4-3-12\6208 S Dixie Hwy _Special Use Restaurant\PB Meeting Minutes -02-28-12-ExcerptPa~4flffi 7
.. . C;W~ ...... ". ~~~ .u.~-
We tne undersigned oppose tne requmJaI usage permit "For Hole in the Wall GriU" and ask that special usage permit not b. granted to
"Hole in the Wall Grill". This type establishment caters mostly to young people, serving inex.pensive beer and grill items l.mtilJAMhour. The
smell of grilling is a concern, as wen as the loitering in the parking lot by customers that have been drinking. We have concerns of ongoing noise
that will deter from our quality of life as we use our patios and yards. The incident of increased crime and vandalism in our area is also of great
concern.
Name
L/tN e.G
~.v~G/
\...-:1' oJ /' LLe:?1..~ 2)
Address
6:;11 sw r?s+. SM 3314·
'} .. :G.sf".u .. ~.! &4. tA;:
.n f/f.{
f' \ L\t! .1=:', \l:'i • /'" \ •.
Email Signature
fY}Or+/;q .. /1c;yrt~crrf-;·n ef-
>~"';
We the undersigned oppose the request for special usage permit "For Hole in the Wall Grill" and ask that special usage permit not be granted to
"Hole in the Wall GriU". This type establishment caters mostly to young people, serving inexpensive beer and grill items untilJ,AMhour. The
smell of grilling is a concern, as well as the loitering in the parking lot by customers that have been drinking. We have concerns of ongoing noise
that will deter from our quality of life as we use our patios and yards. The incident of increased crime and vandalism in our area is also of great
concern.
·Name Address Email Signature
6T'
7~ST'
, 5w l~sT"1
~~/1 ~;J 7P 0;-
i b~l) $. W 7~il.. .5>1'
We the undersigned oppose the request for special usage permit "For Hole in the Wall Grill" and ask that special usage permit not be granted to
"Hole in the Wall Grill". This type establishment caters mostly to young people, serving inexpensive beer and grill items until )AM hour. The
smell of grilling is a concern, as well as the Loitering in the parking lot by customers that have been drinking. We have concerns of ongoing noise
that will deter from our quality of life as we use our patios and yards. The incident of increased crime and vandalism in our area is also of great
concern.
Name
,1 ....•. '. iV .. '-'7"
'··:iflUru1 n e
II ::.:.".-1, i ,; rJ ! -''''~~''''J'''!
(,
\ A",,,;n -... ~ f~ &... M
Address Email
,p--)+ ,
(e,!IY,<1CV
fih
(;2..i.(1 ~0 7r~sTAfl1{jt
Z\.L! -::?I.D 7eA 103d
.-> .. '/1 <5c.u 7"i$ '(51 .au 2. !a."-:GL""."Gu::.u~'" ~ lr~.\~"",J .Q.:.n
[/(~·I Cv Vi ) S vJ 7 8--r~J7 jvq
, ,: n
: v:.!).
'-'
i i \) \.11
tz. I &.21../1
S 'j 1) ,.
'.f orr
)-' \) , ",,\ {)): { $
'f,<;,SbtS+(9'Jlt ~ 00 . C Oj1!t
Signature
We the undersigned oppose the request for special usage permit "For Hole in the Wall Grill" and ask that special usage permit not be granted to
"Hole in the Wall Grill". This type establishment caters mostly to young people, serving inexpensive beer and grill items until1AMhour. The
smell of grilling is a concern, as well as the loitering in the parking lot by customers that have been drinking. We have concerns of ongoing noise
that will deter from our quality of life as we use our patios and yards. The incident of increased crime and vandalism in our area is also of great
concern.
Name Address Email Signature
.........
\\-e~'
t£
,
,.-< •
/""
\ D--tJ L\ k~'\) ( ',r ,,"_l {',j 1"-' n . "I l v v
I' ~ t ..-o ()'-(O ,
~\c~ b~(",O\o'" 7r;A\ 9--J G) s~ (A...JQ
\1)-L\oorcJ, ~ ~ clf'~ ~ S0J 7D-rA,
.7? J 'r
rom~~(';it-<U' @ 'JIY\~, ~
'[(6 tyl6.)~I~fI~ Id~() ,/
We the undersigned oppose the request for special usage permit "For Hole in the WaH Grill" and ask that special usage permit not be granted to
"Hole in the Wall Grill". This type establishment caters mostly to young people, serving inexpensive beer and grill items until JAM hour. The
smell of grilling is a concern, as well as the loitering in the parking lot by customers that have been drinking. We have concerns of ongoing noise
that will deter from our quality of life as we use our patios and yards. The incident of increased crime and vandalism in our area is also of great
concern.
r~--Name---------r---Address Email -----I
t. i
Signature
1!7720 S; 0 6;;2 i1 IIy·kt: hJ ......
fiOV\~ 77;lO 5~.J ~.2. Ave-
II
.. NI2...1 ::}:':f iO ~ G;2
r
ty~~,\ K. v Se v c\ett1kG
D ~\J 1:0 M \ <-\\-"Q... ~ G f'l\A.(L-
71zo CvJ (po 4Jf '\ MKl2.0EfY (iJ N~' COM
l ( t.. 6 $;t...s-J L\ j~--...J c;: .!r<l~"<;;6t<.{;E:Q .. , r;'1 d.) i.... . <.
,711 d >. v/ f ( f1-Lf( a I; J ();11 ~@7Ae-ht't(c(
1100 ~y (I AVt; S M rr... J 0 (e? G-c-'\J1IC L Uf""
7'100 !;w ~ I ~\J(J)SO! 1
L ~DV\)~~D 2Ifll)V'I~ArJ I -111 D )U) b) H
%WV ... /~v'n~n~
We the undersigned oppose the request for special usage permit "For Hole in the Wall Grill" and ask that special usage permit not be granted to
"Hole in the Wall Grill". This type establishment caters mostly to young people, serving inexpensjve beer and grill items until lAM hour. The
smell of grilling is a concern, as well as the loitering in the parking lot by customers that have been drinking. We have concerns of ongoing noise
that will deter from our quality of life as we use our patios and yards. The incident of increased crime and vandalism in OUf area is also of great
concern.
Name Address Email
rCJ
4:.3
(02-11-' <)W -<6 S +L~ {tl ~.':> \~:>
t \ i i L(
,~j ~
,fk'4 /' \(/~~.
[I r ..........• .. .-~~~~c-J~~
1"-" ·-···-··-~l·~~-·-······-. .. . . . t~.. ~_ _..._.~.._.l
We the undersigned oppose the request for special usage permit "For Hole in the WaH Grill" and a.sk that special usage permit not be granted to
"Hole in the WaH Grill". This type establishment caters mostly to young people, serving inex.pensive beer and grill items until)AMhour. The
smell of grilling is a concern, as well as the loitering in the parking lot by customers that have been drinking. We have concerns of ongoing noise
that will deter from our quality of life as we use our patios and yards. The incident of increased crime and vanda.lism in our area is also of great
concern.
Name Address Email Signature
vJif L 6~3? S'AJ K~'
I h;2,]IStJ 7/
Stj16
~~~MA.~
Our quality of life has been negatively impacted by the existence of local establishments that have late night closings . ~$€\\"2,.,
. ~tfy
lC-at 1 J/'
j ~1
Name
L i SCi. CC4.;{~ to.r f.) hen
. E\'\1.c..~~ Lc....~-.
M S·l~A.-N
Address
7t?"2B
I
!'1'50b SW
Email Signatnre
• CCiA'1
;-y...-.,
J4.B> ng,:i) • cA::>t{.\
..e\"'~~ ~ tJ<..kf.f-totY. . Co(P
,
,t{'lj,
r
Our quality of life has been negatively impacted by the existence of local establishments that have late night closings.
Name Address Email
~ .i...f} cJ) n fi ~ CO)
\.
.-.. -,----.-,-.----..:.:.-..:.:.-..:.:.--..:.:.-..:.:.-..,...,.....;.;.....;.;.-....;.;.+-..,...,...,...,.-:---..,...,...,...,.-:-~..,...,...,...,.-:----'T
"1 _i_ ~ ___ ~ _____ l:.._. _
., .... "'-~,---~-----
500-FT RADIUS MAP OF:
LEGAL DESCRIPTION:
Beginning at a Point 136.35ft North Of Se Comer ofTr 2 "AMENDED PLAT
OF .BLOCKS 1, 2 & 3 OF A .. IYIENDED PLAT OF PAL],;! MIAMI HEIGHTS",
according to the Plat thereof; as recorded in Plat Book 38, at Page 52 ofthe Public
Records of Miami .. Dade· County, Florida, for POB; thence run W305fcN15!.07ft
WI03.16ft N,,"lyl 95.86ftTo Ely RJwll Of Us #1; Thence Nely Alg Sely RJv:r/135.3..32ft
Thence W6.34ft Thence Nely Along Sely RJwil368.55ft To x Of A Line R"t N & S &
25ftw Of Ell OfNeli4 Of Sel!4 OfNwl/4 Thence Run S Along Said Extll746.56ft
toPOB.
LOCATION: 6208 South Dixie Highway, South Miami, Florida.
FOLIO NO. 09 .. 4036-035-0010
:FOR: 6208 South Dixie Highway, LLC.
ORDER NO.: J 11206
DATE: December 19, 2011
N
W*'
SCALE: 1"= 200'
'$~b~
~.~
7.{~\I:z..,.
The Zoning Specialists Group, Inc.
7900 NW 155th Street, Suite 104
Miami Lakes FL 33016
Ph: (305)828-1210
www.thezoningspecialistsgroup.com
I HEREBY CERTIFY: That all the properties shown herein are
lying within a 500-foot radius from all bounriary lines of the
subject property. 1 further certify thai this radius· map is true
and correct to t::beskwl:~~~ craner.
J E F.LOPE~
Professional Surveyor & Mapper
No. 3086. State of FloJ:ida, NOTE:
NOT VALID UNl.F.SS SEALED wmi
-I"
J
.; (l~4Q 2. .l·Iih~ 17. 1:'
t" l~"'~·
~U~~~T3i·c<i:t<rEFHl.EV
(,! ! Iii I
1'"'' i""" !",ro, \"". \""'" \"'" \
,.1 1 I I ! I j
"""""';"'-----'It1 I \ '4' ~. , ; 1 \ ::-.:.---< ::r-~