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15South Miami _IOt~ CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ~TP To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City?aDHr f 1 From: Christopher Brimo, AICP ",[;1) Planning Director (f'-j Date: April 3, 2012 Applicant: 6208 S. Dixie, LLC Location: 6208 S. Dixie Highway ITEM No.k 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 (1 space per 100 sq. ft.). With the proposed addition 2.1)01 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 IIPM; the motion was approved by a vote of 4 ayes; 2 nays. Existing Business Parking Space Analysis Business Use Bank Atlantic Banking Institution Petco PetSales 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 Square Footage Parking Req. Min. Req. Parking Bank Atlantic Banking Institution 2,800 1/300 10 Petco Pet Sales 22,418 1/300 75 Hole in the Wall General Restaurant 2,080 1/100 21 Uniform Advantage Clothing Store 2,750 1/300 10 Kyojin Japanese General Restaurant 5,388 1/100 54 Classic Barber Shop Bea uty /Barbershop 585 1/300 2 The Shining House Laundromat 928 1/300 4 Cookies by Design Bakery 1,188 1/300 4 Cafe Bonjour General Restaurant 1,155 1/100 12 Sherwin-Williams Paint Store 3,182 1/300 11 Utrecht Office Supplies Store 5,922 1/300 20 Edwin Watts Golf Sporting Goods Store 5,208 1/300 18 Party City Variety Store 10,000 1/300 34 Total: 63,604 275 Total Parking Available·: 288 Total Restaurant Density Allowed in GR (25%): Total Parking Required: 275 Square Footage of Restaurants: Surplus Parking Available: 13 Proposed Restaurant Density: 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. 15,901 8,623 14% Attachments: ApplicationlPayment Location Map, Letter ofInterit Property Owner Authorization Affidavit of Public Notice Copies of Public notices Survey Restaurant SitelFloor Plans Planning Board Minutes Resident Petitions Z:\Comm Items\2012\4·3·J2\6208 S Dixie Hwy_Speciai 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 WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), 9 the applicant, 6208 S. Dixie, LLC 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 ] 4 Retail "GR" zoning district and is subject to meeting general conditions specified in LDC ] 5 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 2] 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 and the back door is to be used by employees only, not as ingress 24 and egress for customers. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 28 29 Section 1: Special Use Application (PB-12-004) submitted by applicant 6208 S. Dixie, 30 LLC for approval to operate a general restaurant to be located operate a general restaurant to be 31 located within a shopping center on at 6208 South Dixie Highway, within the General Retail 32 "GR" zoning district is hereby , and if approved it shall be conditioned on the 33 following conditions: 34 35 (1) The business shall be closed at __ p.m. 36 37 (2) The use of the back door shall be limited to employees only and ingress and egress from 38 the back door by customers shall be prohibited, other than for an emergency exit if 39 required. 40 4l (3) The business shall adhere to the Special Conditions applicable in Section 20- 42 3.4(B)(4)(b)General Restaurant and Section 20-5.8 Special Use Approval of the Land 43 Development Code. 44 45 (4) A separate application for outdoor dining is required as per Section 20-3.3(E)(2) Outdoor 46 Seating / Dining for all commercial Properties, of the Land Development Code. 47 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 2 1 22 23 24 25 26 2 7 2 8 2 9 30 3 1 32 33 34 35 3 6 37 3 8 39 40 4 1 42 43 44 45 46 47 4 8 (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. 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 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 NOTICE OF PUBLIC HEARING 4/312012 in the XXXX Court, was published in said newspaper in the issues of 03123/2012 Affiant further says that the said Miami Daily Business Review is a newspap~r 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 p ubj ication 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 07/18f2012 THE MIAMI HERALD I MiamiHerald.com MOTORS US-1 & South 160-180 Street In Miami southmotors.com FOR THE BEST SERVICE ArID INSTAUATlDtIS IN DADE CDUlm CAll: Hi-Tech Air Service AND ASK FOR NANCY. liND OR JOHN 13339 SW 8S'" Ave. 305.969.2600 Miami, FL 33176 CoWo'93ot ~':W~PJ!f~=~~~~~~:=~~~ DU.l.El\S OIIi.l(IIOlIIWiJI£ 'R'''''''1l11. 31 -.. '''''''''' CHI!. fInaoot~.""'t"""cb1.ofsol._l~ .. S>mt,..c....."'b .......... p>1d1n1Ul ~tClIMS~~Cat.b''Qlr&tiandclU lnw''''''r.wv,rr.'''W'Jl'I9d.~ettalt llrm'l;JlIIY* ~i:::l~===~:::~f.~==~c:J:= ~~~~=;::c.~~~~==~~n~~~~~ subJtd UI ~ arc lil DCI'Ildd. NOtE: ~b'11f UOl aD Sl ,2!i1J II de~f11 upon rplam p!IIthI!:IilL THE CHERRY GROU THE COCONUT GROVE REALTORS SYLVIA CHERRY, PA GARY HECHT, PA 305.992.2211 VISIT CHERRYMIAMIHOMES.COM Coldwell Banker Residential Real Estate. 3400 m:'" '!~ .. ' . • '. ''l'- ., ,,', !. ~!/. CITY OF SOUTH MIAMI COURTESY NOTICE SE SUNDAY . MARCH 25. 2012 I 21SE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Rorida will conduct Public Hearings at Its regular CIty CommissIon meeting scheduled for Tuesday. Apdl3, 2012. begiMlng 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 zonlng district; to permit the construction of a new one-story, LEEO 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 650~ 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)(l)(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 durlng 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. Marla M. Menendez, CMC City Clerk Pursuant to Flot1da Statutes 286.01 OS. tho City hereby advloes the public that If 8 ~ decidu to appeal any decision mad. by thl. Board, Agency or Commission with respect to any matt .. considered at Its me.Ung 0, hearing, ho or she wlU need a rocord 01 tho proceedings, and that lor such purpose. aflected person may neod to onsUre that 8 verbalim recOld 01 the proceeding. Is made which recordlnciudes tholoatlmony and ovldenca upon which the appeal Is to be based. City Miami Ordinance No. 08-06-/876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an anflUalfee 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 h~ld 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 ltems\2012\4-3-12\620S S Dixie Hwy_ Special Use Restaurant\PB Meeting Min~tes -02-2S-12-Excerptpflg\94Ideif 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 62nd 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 al10ws for service the applicant indicated that they might go to 2am in the Z:\Comm ltems\2012\4-3-12\6208 S Dixie Hwy _Special Use Restaurant\PB Meeting Minutes -02-28-12-ExcerptPa~4.bltlff 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 I, and Bird Road specifically are not subject to the five hundred foot distance requirement from residential. Mr. Dundorf asked the applicant about his fmdings 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 tenns 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 anq. 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\20l 2\4-3-1 2\6208 S Dixie Hwy _Special Use Restaurant\PB Meeting Minutes -02-28-l2-ExcerptPa~4Jdt>if 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 62nd 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 Pface 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 oflife. 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-ExcerptPa~4:jdm 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 t,hen 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 tl;ris 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 ag8.in 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 I, 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 ltems\2012\4-3-12\6208 S Dixie Hwy_Special Use Restaurant\PB Meeting Minutes -02-28-12-ExcerptPa~~M' 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 I1pm. 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 llpm 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 Jtems\20 12\4-3-) 2\6208 S Dixie Hwy _Special Use Restaurant\PB Meeting Minutes -02-28-) 2-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 M~eting Minutes -02-28-12-ExcerptPa~4jtI~ 7 / #'-,. '-",#. ' •• ..0 d," ..... , ....... \ ...... ' W,''v 4 ,.._ "'_.' ••••• ,.ol ....... _ ........ \'.,.. ..... ,,.I .• _ ... --: ....... ~ ......... _ ... _ ... _.r,..-'. '.,,#·r· .. ·\. ......... _.~ ... _,~·, ., .. ~"-"_ .. , . .J. .... ,I0 ... ~, .......... :-...... # •.• -_~ ... ___ ................ ' .......... ~ •••• /0 ..... ,.... '" ''''''':';''n .. ~., .......... : .. .. ' .. ' ~-.. ,'.-'. ' ":-' .-. -c:iu~tf9. ~ ....u . ~1Ct\da'b1- r . =,"~' ". , -, .C" . .':,~"<, .-..,I~ \ \"2--' .'.. I -\ We th.e undersigned oppose the 'i. ... t'~:··.l'9Fi ... ~fof:usage permit «For Hole in the WaH GriU"' and ask that speoial usage permit not be granted to "Hole in the Wall Grill". This type ~$~~~fSt!¥~lit caters mostly to young P~f9'ple-, serving inex~~~!Y.~.beer and grill items until~hour. The . smell of grilling is a concern, as well as tbe loitering in the parkins lo.t .lby~rlstomcrs that have'~e'en drinking , We have concerns of ongoing nois~ that will deter from our quality of life as we nse our patios and yards :The inciden~ of increased crime and vandalism in our area is also of great concern. ..-...... ~. ~--.-~---".- Name Address ' Email Signature "",,_ .... ·,'."1 1,· • .6 __ j .' _,,,/I.! ;1 1: _,.g _-.•.. ~_,. "C _,", . • .J/.t.rr..., _ .., . _. ~ g; ~I ~ .. :'f It. ',~; or r ,-- f '" eo" .. :' .-: ," -.• ,. '>_"" ,. _",,~ ...... '. ''"~_ ••••• ,.". ,.,.:, ..... , ....... -.~.' ..... ~._:v .• , ....... ~' ...... ,: " ........ , ................ __ ........................ -~.r .... -' .. ' .. :.. ....... ,.-...... , ....... ,""'_~"_""" ~'''''':.'~_'' ,,,,' ..... , .................... ", ... ,' .. , ._ ••• ~, ... ,'Y._ .~" ,."., ' .... , .' ~'-:'l: .. We the undersigned oppose the request for special usage permit "For HOle in the Wall Grill" and ask that special usage permit not be gr;:lnted to "Hole in the Wall Grill", This type establishment caters mostly to young people, serving inexpensive beer and grill items until),AMhour, The . smell of grilliilg 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 incidenf of increased crime and vandalism in our area is also of great concern. • • ...:--~ •• ': .• -.... ~.~.:..-.• ~-.. -!' • .,:. ~.- ·Name 1-.'. Address Email Sicnature .. ~t.:.Jt2Q9~J: '.~;;:; .. ;==.~ ---"'V " ~--'-' ..... -',-...... " -" ......•. , . .I tJI~.¥S cS'N 1?ft1 . ~ . • -....... ---.--.-.--.------=--:.~-------..---=...--.--.--=-I -N -~ ---_. -.... --=--". G . I: .J ~_~ ~L5w~1>~~~I .. _~ ... ,,,,",._, .. ,. ',' 6:1" Sw .. ~--,,-:~-,M,:"." ~1 ,1 I I &. .-.. ...... ~~ -' .... -~ I _., -..... ~ I ·t I ,-",~ .. --, .... , -•. ' -.,,-.. '"'1''''' ~ •• -.• ...., -'" , ....... , 10 •. --'-,: •• ,=~, 'C";="-'" --. .. ' .,.-..•• """,". :=-c=- • ~. . I .~ ~~ > < . ~ i'" , ... ~----.. -'-....... r ~r .. -'Ii .; ~I "",--...... '1·_,,,, •. _ ..... ,,,, ... __ ............... -.., ......... ,"_ ... ..JI ... '" ... __ .,.~ .. _~ ...... 4 1 1 ~ • ., .... __ .-.... ~ • ........, ' .... ~r.'." .. L' .......... ___ •• , ....... -' ....... _~ ............ __ ... , .............. >. __ ... ,,,!~ .. ,_ .... "",..,. ...... ,.-...... ./"y .. ~:O.-_. -.... ' .. "" I~'''' _. We the un.dersigned oppose the request for special usage permit ''EPf &le 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).AMhour. The , smell of grilling is a concern, as well as the Loitering in the parkiIlg 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' , , 'IIT -~.;: Email Signature .11.",,"_:;..-........ .:;...,'..-....--=..." •• ~,.~~,~~;-.~~~ .• =-· ..... ~.:-_ .... ·u':L ,·r·-..,.._ ... -rn~ .... ~';,-_-,-c.-.. ~ ,',_~ 5 · "!....'~-... I-',; -,.. ;;o;-:.i :r--,..;r'-f"'""\.~ =< ~~~!,?.;,~' ->, }, ..... -" ''''. .' --: .. ;.-, ~ =t ~-r-: J t --_ t )'r . 7'-9"· ~ 2."%" -' 'H.'." ..... _:= • __ ..... ~ __ ... , .... __ .~.-O:;'.-.!.-_,., .: .. ~. ......... -0 ' ,I', _._-.. ',.... • ... , ._.~ ... " _ ................. -.......... ~~ ~ •• ~.,-I.;"" .. ,._ ......... __ .............. .....-_ ..... ___ .' ..... _._ ....... ~Ioo, ____ ~.r • .h-.. ,,' .. _·'"1 .. , __ "'.'.f ,_ .. ' .... _jl ~t,_ .. _ ............... ' ...... h ... ___ ,. •• ' ....... ..=._ ... _ .-_, ...... _"'_ "' .. _'_ ..... ,,_ ....... I . I I We the undersigned oppose the request for special usage permit. "For Hole in t.he Wall GriU" and ask that special usage permit not be granted to ''Hole in the Wall Grill". This type c~tablishment caters mostly to young people, sernng inexpensive beer and griU items until ')AM hour. The . s.meU 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. Nsme Address ;. !. Email Signsture , I I • ~-.;".-" ;:;".'=::::" ~:~~" .• ~"!.--:~~ .. :. ......... .",-. '-,.-~"" "'"J'-J -'_-__ ~,,' ~ ~"'J,' _I '.:.: "': ......... -~~ i-... '''' ~.: .... ,.~ -.... -~ ••. ,.,"-:-~r-.~=.~ -----~ ... -.. . . 1 \~"T:C··'"· ..... ";u,~·\~ .. "~~f ~~~[. ~·"",~~l ·~'m-\~!(~~'(~l~·~ ~ '1 ~. _ .. , .... """ .. ~ ... \.. ,1 .. --.~ .. "J ·~'~'+4tLL/':' zri'w J:;:L~.· dt:~.i<K : .. " ... rx:2:::~s01:c0r;'~:/<r:.,tb::: .. ::G:.::.y b~7~ZKJ:!>.'~?':!::c t" rl • ~. -1 '~'I\ ~.~ t~ (' -~\~ 1 ~ ~\o.\'fl,. . ({;.~ ~t !r .. ~ -J~h_Z:~.L~._-f~~_ .. _-J~ ,l[f~.~._~~,,;c.,~ .. -.C~~_~~fr~_~~5~~_· ~ ... ,I..-. ,. ...... • .--=' •. , .. ~; -~ •. .' -,;;::#1 .. -. 'f~,6 /y\0Yt"'-1~~'1 ~ r~ ., _., ... 1' ....... V •• ·~· .... • __ ......... ,.· ............ ~ ... -. •.• ,J~·-... _ .. ,.v·· ....... _-.. __ ...-. ......... -... __ -.., "'~-........ "' .. ...,....;...-....._.-... __ ._I" ... _~ .. ___ •••• _~_ .... -..., __ ..... ~, .... , ..... , ro--, .... '_ ... .-,.. ••.• _-.. , ...... ,,_' ... "",'" ,., 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 veople, serving inex.pensive beer: and grill items until·}AMhour. The smell of grilling is a concern, as well as the lO.iteting in the parking lot bY'customets 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 increa~ed crime and vandalism in our area is also of great concern. -_.-........ ' Name ~.'" '~. I I :~ "~':;'d '~_ -,';!.. ,._-· .. ~ . .,.. •.•• O:-.. -_-_ •. __ M ......... "":: -_,.J....I ." .. .;::.;..:....:~~=±-.........;:~""': .. :-""~ ... ::-'t •. , ._, _ ,-"-.. 1] ~.. -Address .",.1 ::111 7 :l-f) :1 llJ, ---"--~'.- !;\,:' 77;).0 5VJ <.t.~ Ave- . " 71"49 __ CvJ Jpo . .we. .' 'Email --....... ~ ',.,.' . Signature ..... """.,0 .,iI' '-_." ."1' ,_t., .. ,_ ....... ' .. I\j_".-"\,,' ."L .. , .. • __ ...-..,' ... _ ............. ~_.#** ... 1 •. ,-ro.J ,."........,.. ___ ............... • ............ ·.-~.l ... _..-. .......... _ ..... , .... _1 --t ••• '_" ............. ..--......_ -~ ... ,~ -u.,o, •• ' ~,"''''.,'''''', .--................. . t .. •· We the undersigned oppose the request for special usage permit "For Hole in the Wall Grill" and ~~th at special usage permit not be granted to ''Hole in the Wall Grill". This type establishment caters mostly to young people, serving in e"pe ~e beer and grill items until lAM hour. The smel1 of grilling is a concern, as well as the loitering in the parking lot by customers that have 5~~n drinkl~g. We have concerns of ongoing noise that will deter from our quality of life as we use oUf patios and yards. The incident of increased crim.¢\'ali'd\iandalism in our area is also of great concern. i !I:' f[ .., Name Address Em ail .-.... -:-~I ~-~·-.-, -.'.-~.-'" ,.- -'-~';:;-·-';;I-;;'."I· ,,'I ~i S~ t tt j1 3'~ \ t~ :".' I , l' £ I I II: _1..,.""':-,~i"~-,,:::~~_~--..~-:":':'-:-:::. ~,,, '---~-~~ ~ --- I!., i ~ I .... ·~I w -.:--_ ...... -:---=--I'!.-.:.. ,_-"I'."'! '_':':':'''~,':-:" ----JI: ~ Ll~ ~f 11 -'-=--·~;;:':·.:.-.,=,,-:.,,-·.:,!,~--.!.~~,t::·==-,,\·~-----=-..,.;..~4:-.··'.!-;.:-=-*,·---=-·~~~-"",-~"",;.7.'':':'''~'''~·-=.l''-=.~~'~,:~r~'~,~~,;,·,7, ... J-!_;:::: •• .,.:. """'-J"' .. -... '''''!,;:,!.oo' • .!.'''_.~.~ .& 'I' l' " I , , ~~-,-. -~<.' -""""i l --~'-"--~ -,'.... .-.~-~--.. -'-~ •... --:;:C;C;CI'[' .!- ;'1 ~ :.&:,.. _. __ I .... -,;; -... ... ~ ::;... --:--.-:-. ~ • .,;.;:;... .r~~ .. -·:;·~i;;. ... ·-::;:~·-~..;.:.;-_7..:-&· ' •. Signature • ~'.'-o!.';',', ~.·:::.;.:-':::.:;E;r ~~:-::.:;o ........... -<_ ..... OOJ ..... , •• '...I~''''':'-' .... , .. ~-.... ~. -................ -,-._~ ................. _ .................. , .............. -.............• _ .. -..J" ..... '-"I ,_, ......... -., ____ a .• , ................ , " •• ~,I' _ •• _"'" .. ,~. .: :"~... 1 We the undersigned oppose the request for special usa.ge permit "For Hole in the WalL Orill" 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)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 ipatios and yards. The incident of increased crime and vandalism in our area is also of great concern. . . Name i:' Addrei'---J=~-'~ Email -.-. -'-··Signature ,.,_. ~""I __ •. ' __ " ... ----:.;;.... ~ -,., -lllFt O~ ... ~ --_ .. " --. -. . fI '~'"' ~I t . '.' " i"., ',': 11: .... ': __ • a.=..!-._ •• -.....:.:. ,.,.... .. :-... -•• ·)_=_---:-_1::.-: .. ~,."'" -'-. 'I I .. ~------ !I;· ;1 -, -.~ .. ., .. "'=:.,~: • ..:.-••. " :-~ .. 'j:""""~',..!='=-.: ,.~v~::== :'-::':-'.~'--= -'.:,.:~'_:~"'-'::~~.:..':"-.~ :'.'1;-"':"" ::' .:. \"" '~I ,; 1~ T,,:'''::'+' .. ,2" ';: .......... " "-.:'" .:r.".,r ~1 >-.. :::·:;7 .:: .... '1.:; .. ::" .. ~.:::.&.. 'I • f .-_~_ . __ -'....:1 i- ";; ....... ;::.r·. __ . __ --'.:1;-, ... :;:;:: -" -,:vl .. . ., " -~'" ." •• ,~.-'~.-••• _-V _· ... , •. _-.~ .. • ... '·a ... " ___ ·J'!._"-· .... _.,~· .... ~_ .... n •• ·~ ...... _ ............. ______ ', ~_t.>.t., •• ,,-",,",_ • ..,., •• ' ........... _ ...... _ ........ -.. .• .-,.1 ...... ..,,. .. ,,,_., ............ ___ ...... "". ---r.--""- (7 ~~~I-U.~ Our quality ofHfe has been negatively impacted by the existence of local establishments that have late night closings .. , --zt '%-i\ t 2, if'Y "" I' .~. ~'" .. ' ./': . " :: '; _._':,. : if'--' ; c:-;q',: " d' ", .-::.-: , , , " '~'_._, ... _ ~ r:-' -~ '--~~ •. ~_.'..w.-~'--,_.' :... a',', ..... __ : ",' ___ ~ _ -......... -, . ____ , ... Name ~J -. ";,;' t:...\\1..c..\t-..~ Lc...~- o. • • '.. 1 .. ,,':.:.!-. -. , .... Email --...... -_~~-~~~-,-;.",,_ ... u---:--;_~"..:. ':.:-!C·._' .. -~ :,t JCr~ 118 (~.'~~" . ""~ I.: Signature I'!. -- ,I:I<': ~ T L~ct ld4kt ,_l?-'&'-'~M :'\ 1,.{~fJ r ';L\lR9':'J,. -L ~ .... . r . I .r , •. i; r j " ~ . "' .. , ." ."" .... ' ,.-, _ .... ",~-_~,,,_ ·.,··_,'_",... ..... v~~·. __ J_~,~""_·" ._-.. "_~""_'" ~~~.~"'_ .. _.¥ .... _ ........ ~..., ... _ ...... "~'''-.~ -" ,.' .~, .... , ... ' ...... Our quality of life has been negatively impacted by the existence oflocal establishments that have late night closings. Name Address III Email .~ .--_ ........ ,:,,'_:.,"". -"',;[_~~n :il ,:1, . ...: .~ --, "--.~ ~.~- . ...; 1'-I ·'.~'·' 1 .. -,--0 ' _ ..... _""-;,. '.- III 1 -.6.., ~ -, .. \1 , -''''''''.'-.'-~-'.---=---.. ":.-~",,--=,.--'~---.--.---' " f ,,-,"'-.. ~ .. r ~I ~' ~ I; '1:1 • '1 J ' ·11 ,; ~l _*.' ._-.~. __ -'l..o -:::.~,'.~-',~ ',_,,!,-,-• .l .jj ,~~ II I ( i, , ~. , i ~ o o ~ a a a "'j :.~ i I i 1 'j , i f 500~FT RADIUS MAP OF: LEGAL DESCRIPTION: Begi!l.u.ing at a Point 136.35ft North Of Se Comc:rofTr 2 "AMENDEij PLAT I OF BLOCKS I, 2 &-;; OF AMENDED PLAT OF PALM MIAMI HEIGBT&", according to the Plat thereof. as recorded lnPlat Boak 38.atPage·S2 of the Public. Records ofMiami-Dade-.coumy, Floriila:, for POB; thence IUn W305ftNlS 1.07ft WI03.16ft Nwly\95_86ftTaEly RIwIl Of Us #1; Thence Nely Alg SelyR/w1l35.l.32!t Thence W6.34ft Thence Ne-Iy Alollg Scly R/w1l3685Sft To. x Of A Line Ext N..& S 8< 25ftw Of Ell OfNeli4 Of Scl/4 OfNwl/4 Thence R= S Along Said ExtIl746.S6ft toPOB. .. LOCATION: 6208 South Dixie Ej:igh""ay. South Miami. Florida.. FOLIO NO. 09-4036-035-0010 FOR: 6208 South Dixie Highway, LLC. ~.",~. .11 .... ""';;.",',';"c.:,._. ~~.~ ORDER NO.: 111206 DATE: Decemberl9,2011 ... , \" .. . ~2t .. ~ ,~"';. *~,.:, , , . w '. E . , ~.-'~'. " .' . :'j '. ,SCALE: 1": 200' The Zoning Specialists Group, Inc. 7900 NW 155th Stfllet, 5ulte.104 Mlaml Lakes FL 33016 Ph: (305)828.1210 www.thezoningspeciall.stsgroup.com I HEREBY CERTIFY: That aU the properties shown hereIn are lying within a SOO-foot radius from all boundarY lines of the subject property , I further certify th.3t this radius-map Is true and correct to th .e bes~wj~ creDer. BY' ': .. 'J~PEZ~' F'rO!e05ionol SUrwYQl' & Mapper NOTE; No. 3DaS. Stalf>ot FIQdda, ~o t 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 dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Aorlda; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -APRIL 17,2012 in the XXXX Court, was published in said newspaper in the issues of 04/06/2012 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, com . . or refund for the purpose of securing this Isement for ublicatlon in the said r. 06 day of APRIL ,A.D. 2012 MARIA MESA personally known to me Notary PI.o'blic Slale 01 Florida ChOryl H. Marmer My Commission 00793490 Expires 07/1812012 30SE I SUNDAY, APRIL 8, 2012 SE MiamiHerald.com I THE MIAMI HERALD PALMETTO BAY Village seeks downtown residents could identify with • DOWNTOWN, FROM 6SE different avenues and we will whittle them down in our proposal," Williams said. "We think we're in a position where we can come back to the council with a set of documents, A-B-C or D and let's try to get it done. The broad issue is the con- tinued focus on developing this community," Edward Silva, Palmetto Bay's director of Building and Capital Projects sees the future downtown re- gion, which feeds into Pal- metto Bay Park and the county's busway, as "home- town-ish, something people can readily identify with.· "This satisfies the eco- nomic development engine we'Ve been pushing," Stanc- zyksaid. Some of the infrastruc- ture work to allow for the kind of mixed-use develop- ment Palmetto Bay envi- sions has been completed. Sidewalks along 97th Ave- nue have been repaired and paved, while the Miami- Dade Water & Sewer De- partment worked on water lines which would serve the demands of restaurants in the vicinity. Last week the council unanimously agreed to a road transfer agreement be- tween the county and the village so that Palmetto Bay would accept jurisdiction and ownership of Franjo Road/Southwest 97th Ave- nue from Southwest 184th Street to northbound U.S~ The transfer, which needs county approval, is key in the village's plans to mark the area as its downtown destination site, Williams said. One of the areas Palmetto Bay looked to help imagine the possibilities for a down- town district, beyond Wyn- wood, was Glendale Califor- nia's The Americana at Brand shopping compleL The Americana, a 15.5 acre site in downtown Glendale, opened in 2008 as a mixed- ;;;;;;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:;;;:~i I use development of retail, ~' .' '.-: ... -:" ... CITY OF SOUTH MIAMI COURTESY NOTICE 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 ADrillI 2012. beginning at 7:30 p.m., in the City Commission Chambers , 6130 Sunset Drive, to consider the following item(s): ( A Resofution relatihg to a request pursuant to Section 20-3.4(B)(4)(b) O f~ Ihe U1nd Developmen t Code for Spec ial Us e App roval to locale a general restaurant at 6208 S. DIXie Hig hway within the General Retail "GR" zoning dlstri,,1. A Resolution authorizing the City Manager to enter into an agreement with Municipal Code Corporation (MCCQ , for a five year period, with the first annual maintenance fee payment to be included in the purchase of the software Ucense and years two (2) through five (5) to be paid annually from account number 001-1340-513-4634 Maintenance-Internet Services in the amount of $12,000.00. An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a) and (3)(b) conceming 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 receiWlg of electronic 0ClIT1ITlU'lica by a Commission member while the member is sitting on the dais during a Commission meeting- ALL interested parties are invited to attend and wilt 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 h9r9by advises the public that ff a person decides to appeal 0lTf d ecision made by this Board, Agency or Comm;ssion with respect to any matter considered at Its meeting or hearing, he or she wUl need a record of the proceedings, and that for SlJch purpose. affected pen;on may need to ensure that a verbatim record of the proceedings is made which record Includes the testimony and evidence upon which the appeal Ie to bo based. dining, entertainment and residential space, Some resi- dents initially feared over- development of that area. That mall has popular lures like an Apple store, Cheese- cake Factory, an 18-screen movie complex and a Barnes and Noble store. Pal- metto Bay would similarly look for a mix of familiar chains but with an emphasis on stores unique to the area The feasibility report and study noted there currently exists a shortage of in-de- mand retail establishments like full-service restaurants, book and music stores, sports bars and a florist. One aspect of the Palmet- to Bay project that differs from Glendale's, however, is its mission to "reduce the carbon footprint" thanks to the garage and its linkage to the village's I-Bus system andtheco~spublictran­ sit and Metrorail system to Downtown Miami Residents will have the opportunity to address the council throughout the vari- ous stages of development. Carol Vega, who says she has had serious drainage is- sues along her street and home on 178th Terrace for more than a decade, feels money has already been misspent on botched repairs in her neighborhood. She says she is against some of these new projects, "like PHOTO PAUIETTO BAY GARAGE: Artist rendering or proposed parking garage in Palmetto Bay, near the Village Hall. ~~~~~~;~;~7;;:~~-:~~' ;;';1 ~i :;' '., •. "",.'-~,.~., .,' ~. ~!..-~$"7>0><\~" t~~Z'~ ~'I'i':; -,., .. :. ':' ~_"r."-;~ ...... , ... "". ,,-, ~~ .'-:.~-:-;-~:.:.. :-~~~.'1~ ~,.~,~: :~="~."~"'. :\.:.~~~~~~.~-.-.;.~~ .:'; :-:. ¢;;i ".~.. -.",-.''';'-'o.~ ~ ,.. ~",.-... ,'". '\.;.~ --_ rlt ..... ,. .. •. -";\.' ~~~ ~ ,''''','. -•. :_ ~;.r. ...... ~ ~ !f~' ,~~'v -"..".. _ .. ', PHOTO PALJotETTO BAY DOWNTOWN: Aerial rendering of proposed Palmetto Bay downtown district. -... ~,-• '101 ~ \::~ .:~~?::~~.:: '------.;:>, •. ~ .~~ .; " 'fill r .. -" *-_, l~,",.. ,~:;.-:::._ _. ,. .. ~'~, It :---.-....:'.. ...... ..... / -'" .:.:' -."" .' .-~.'--:~:~~~---7 ~-',. ::-.::.. -.eI, ~ ,t \ '---r"'~~ .. \ __ .:.~~ . _,_. :'-.~ d'j" !~. / ... r ...... ·".c .-_.~:" ,_~, -':~._;;-:.:-_. _ .t . I ,.~. _____ ..... , ~" " P' 0-, '. ---_ • -. ~ .--. .. ': _ '."~.' .-:,.~. ."-• t". , -... -"\ ~.-:.~ ~~~.f.:,. ti:-. ~'" '-~~..e :"" .... _'''.~~-::';;:..;:~ ~.11, .. ,~,.;~::.~ ... " ,. .~ ~~"!'" ~.; ':;;<~1>:--'-'~'''''-;''', ~ .. ,; ,-"~..:.,,\.-. "-" . -c:-;-.~~';.l ~.; :;1';'~ . '~.-.~.~ ... ", : .. ~_ BIll. KRESS/FOR THE HIAMJ HERAlJ) TRIANGLE: Aerial shot of the northern end of the Franjo Triangle, Village Hall (roof covered with Solar panels) positioned in the center of the shot. that monster garage. We don't have to create these things if you'Ve already mis- spent money." The project will not move forward until at least 60 per- cent of the retail spaces is pre-leased. Follow @HowardCohen on Twitter.