10CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven J. Alexander, City Manager
From: Christopher Brimo, AICP pjY /
Planning Director /
Date: June 12,2013 ITEM N o._....:.../----'='() __
South Miami
bOd
i'TTP
2001
A Resolution related to a request pursuant to Section 20-7.6(C)(2)(b) of the City of South
Miami Land Development Code requesting a Special Exception waiving strict compliance
with the provisions of the Hometown District Overlay parking requirements, to locate a
general restaurant at 5818 South Dixie Highway within the Specialty Retail "SR",
Hometown District Overlay "HD-OV".
SUMMARY OF REQUEST
The applicant, Rice South Miami, LLC, is requesting a special exception WaIvmg strict
compliance with the Hometown District Overlay parking requirements for a general restaurant at
5818 South Dixie Highway. The applicant in a separate application [PB-13-015] is also
requesting special use approval for the proposed restaurant at this location.
APPLICABLE REGULATIONS
Special exceptions under Ordinance No. 19-94-1569 [Sections 20-7.51, 20-7.52] may be
granted only after a minimum of two (2) public hearings. The first public hearing shall be
before the planning board, at which time the planning board shall review the project and provide
to the city commission an advisory recommendation regarding approval, approval with
conditions, or disapproval. The special exception section in the Hometown Overlay District
regulations allows for the City Commission to waive strict compliance with any of the
requirements or standards in the chapter upon a finding that the proposed development complies
with and implements seven economic and design objectives of the Hometown Overlay zone.
REQUESTED SPECIAL EXCEPTION
Section 20-7.6(C)(2)(b) Parking Requirement -Existing Building: The applicant is requesting a
parking waiver of 23 parking spaces, to locate a 38-seat, 4,000 square foot general restaurant
"Rice House of Kebob" in an existing building along South Dixie Highway. The special
exception request proposes 1 parking space per 2.25 restaurant seats, which translates to 17
parking spaces.
STAFF OBSERVATIONS
• The proposed use is a change from retail (Z-Mattress) to general restaurant in an existing
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LDe Parking Special Exception
Rice House of Kebob
June 12, 2013
Page 2 of3
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structure, and is permitted following special use review and approval by the City
Commission. A separate application [PB-13 -0 IS] for special use has been filed by the
applicant.
• The proposed use IS consistent with the Specialty Retail -Hometown District Overlay
permitted uses.
• The proposed use requires 40 parking spaces based on the City's land development code ratio
of I-parking space per 100 square feet of restaurant space.
• Based on the Miami-Dade County Property Appraiser records, this structure, which included
Z-Mattress and Tire Kingdom was constructed in 1948 and is built to the edge of the
sidewalk along South Dixie Highway.
• On-site parking at this location is limited, however several on-street spaces are available
along SW 71 Street and at an adjacent City owned surface parking lot.
• Due to the existing building layout and lot coverage, it would be difficult for any change of
use to comply fully with the on-site parking requirement.
• The applicant proposes to provide 17 parking spaces where the code requires 40; 9 spaces are
indicated as available on site (see attached survey); the applicant proposes to pay into the
Hometown District parking fund $8,000/year for the remaining proposed 8 parking spaces.
• Staff reviewed data from a 2007 statistical analysis of parking by land use, specifically for
family style restaurants with menus or menu boards. The analysis suggests that while 1
space per 100 square feet is a common standard, the number of seats is a better predictor of
peak parking demand. The data suggests that a rate of 1 parking space per 2-seats would be a
reasonable application for this land use. This rate of I-space per 2-seats translates to 19
parking spaces; 2 more than the applicant proposes.
• There are several on street parking spaces and a City owned, metered surface lot directly
adjacent to this proposed use.
• There is no residential in close proximity to this use that would be impacted by a parking
waiver for this proposed use.
• If the special exception and special use is approved, the applicant proposes to make
improvements to the exterior of the structure consistent with the design criteria established
for the district.
The granting of special exceptions require a finding by the City that the below listed seven
conditions are applicable to the project. (Sec.20-7.S1):
(l) The proposed development contributes to, promotes and encourages the
improvement of the Hometown District and catalyzes other development as
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LDC Parking Special Exception
Rice House of Kebob
June 12, 20 13
Page 3 of3
envisioned in the Hometown District regulations.
(2) The proposed development is compatible with the land uses and development
intensities prescribed by all applicable city regulations.
(3) The proposed development must possess integrity of design compatible with the
design criteria established for the Hometown District and with the overall image
of the city.
( 4) The proposed development shall be designed in a manner that provides for
effective management of traffic (vehicular and pedestrian), parking, lighting,
noise and waste generated by the development, and management of the impacts of
the development on public facilities and services.
(5) The proposed development does not expand the pem1itted uses within the
Hometown District.
(6) The proposed development will not have an unfavorable effect on the economy of
the City o f South Miami.
(7) The proposed development, when considered cumulatively with other
development, both present and future, within the Hometown District, will not
create exce ssive overcrowding or concentration of people or population.
The staff has compared the project to each of the seven criteria listed in the LDC , and has
determined that the proposal to convert the existing retail space (Z-Mattress) to a restaurant use
advances the economic development of the City and is compatible with land use, density, and
will be required to follow the design criteria established for the Hometown District. The parking
requirement is the only issue deficient to this proposal. Based upon this review the Planning
Department finds that the proposed development supports the granting of special exception for
waiving strict compliance with the parking requirement.
The Planning Board at its meeting on June 11 , 2013 , the board held a public hearing on the
request.
The Board discussed the constraints of the site as well as the fact that the actual customer seating
area occupies approximately 1,500 square feet. If the parking was calculated on the proposed
seating area only, the applicant would need to provide 15 parking spaces (1 per 100 square feet).
The board also took into account the proximity of the City'S surface lot behind this proposed use.
They discussed the applicants proposal for providing 1 parking space per 2 .5 seats and agreed to
a ratio of 1 parking space per 2 seats. Following the public hearing and additional discussion,
the board voted unanimously to recommend approval of the special exception for parking within
the Hometown District Overlay with staffs recommendations.
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LDe Parking Special Exception
Rice House of Kebob
June 12, 2013
Page 4 of3
RECOMMENDATION
• •
Should the City Commission consider approving the special exception application for the waiver
of parking spaces, it is suggested that conditions recommended by the Board be applied.
1. A ratio of 1 space per 2 seats for this special exception request for a total of 19 parking
spaces.
2. The applicant shall enter into a parking agreement with the City for ten (10) parking
spaces, paying $1 ,OOO/space annually into the Hometown District parking fund.
3. Exterior renovations and signage be done in compliance with the Hometown District
requirements.
Attachments:
Application / Letter of Intent
Location map
Survey/ Plans
LDC Sec. 20-7.51/.52
Copy of Public Notice
Z:\Commission Jtems\20 13\6-18-13\Special Exception_Rice Parking_ 5818 S Dixie\Special Excep 5818 S. Dixie Hwy _ CM report.docx
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1 RESOLUTION NO. ____ _
2
3 A Resolution related to a request pursuant to Section 20-
4 7.6(C)(2)(b) of the City of South Miami Land Development Code
5 requesting a Special Exception waiving strict compliance with the
6 provisions of the Hometown District Overlay parking requirements,
7 to locate a general restaurant at 5818 South Dixie Highway within
8 the Specialty Retail "SR", Hometown District OverJay "HD-OV".
9
10 WHEREAS, Rice South Miami, LLC has submitted Application No. PB-13-016
11 requesting approval of a special exception to the required number of parking spaces to establish
12 a restaurant located at 5818 South Dixie Highway within the SR (HD-OV) zoning district, said
13 project to include 38 restaurant seats within approximately 4,000 square feet of restaurant space,
14 requiring a total of 40 parking spaces; and
15
16 WHEREAS, the applicant is requesting special exceptions waiving strict compliance
17 with the Hometown District Overlay parking requirements; and
18
19 WHEREAS, the proposed restaurant location is an existing building built in 1948 and
20 nonconforming to the City'S current parking requirements; and
21
22 WHEREAS, the applicant proposes 1 parking space per 2.25 restaurant seats, which
23 translates into 17 total parking spaces; 9 onsite spaces provided, and paying annually into the
24 Hometown District Parking Fund for the remaining 8 parking spaces; and
25
26 WHEREAS, staff recommended 1 parking space per 2 restaurant seats for a total of 19
27 parking spaces; and
28
29 WHEREAS, a special exception request in the Hometown Overlay District requires the
30 Planning
31 Board's recommendation and approval by the City Commission; and
32
33 WHEREAS, after review and consideration, the Planning Department recommended
34 approval of the application with conditions; and
35
36 WHEREAS, at its June 11,2013 meeting the Planning Board after public hearing
37 voted unanimously to recommend approval of the special exception for 21 parking spaces;
38 19 spaces to be provided by the applicant with specific conditions; and
39
40 WHEREAS, the applicant will enter into a parking agreement and pay annually into
41 the Hometown District parking fund for those remaining spaces not provided on-site; and
42
43 WHEREAS, the City Commission desires to accept the recommendation of the
44 Planning Board and en act the aforesaid resolution.
45
46 NOW, TH E RE FORE, BE IT R E SOLVED BY THE MAYOR AND CITY
47 COMMISSION OF THE CITY OF SOU T H MIAMI, FLORIDA:
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1 Section 1. That the proposed special exception for a parking waiver of 21 parking spaces
2 needed to locate and operate a general restaurant at 5818 South Dixie Highway advances the
3 economic development of the City and is compatible with land use, density, and design
4 criteria established for the Hometown District, as set forth in Sec.20-7 .51, Land
5 Development Code which includes seven criteria necessary for approving special exceptions:
6
7 1. The proposed development contributes to, promotes and encourages the improvement of
8 the Hometown District and catalyzes other development as envisioned in the Hometown
9 District regulations.
10
11 2. The proposed development is compatible with the land uses and development intensities
12 prescribed by all applicable city regulations.
13
14 3. The proposed development must possess integrity of design compatible with the design
15 criteria established for the Hometown District and with the overall image of the city.
16
17 4. The proposed development shall be designed in a manner that provides for effective
18 management of traffic (vehicular and pedestrian), parking, lighting, noise and waste
19 generated by the development, and management of the impacts of the development public
20 facilities and services.
21
22 5. The proposed development does not expand the permitted uses within the Hometown
23 District.
24
25 6. The proposed development will not have an unfavorable effect on the economy of the
26 City of South Miami.
27
28 7. The proposed development, when considered cumulatively with other development, both
29 present and future, within the Hometown District, will not create excessive overcrowding
30 or concentration of people or population.
31
32 Section 2. That the subject application [PB-13-016] requesting a special exception to waive
33 strict compliance with the Hometown Overlay District parking requirements (Sec.20-7.12 Land
34 Development Code) of 1 parking space per 100 square feet, in favor of 1 parking space per 2-
35 seats, is hereby subject to any conditions deemed appropriate by the City
36 Commission.
37
38 Section 3. This resolution shall be effective immediately after the adoption hereof.
39
40
41
42 PASSED AND ADOPTED this __ day of 2013.
43
44
45 ATTEST: APPROVED:
46
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CITY CLERK MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
• •
3
MIAMI CAlLY BUSINESS REVIEW
Published Dail y 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 M iami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, publi shed at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
C ITY OF SOUTH MIAMI
PUBLIC HEARING -JUNE 18, 2013
in the XXXX Court,
was published in said newspaper in the issues of
06/07/2013
Affiant further says that the said Miam i Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Flo ri da a nd 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
offi c e in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the f irst publication of the
attached copy of' advertisement; and affiant further says that he or
s he has neither paid nor promised any person, firm or corporation
any d iscount, reb , 'mmis 'on or refund for the purpose
of se ertisement or publication in the said
07 day of JUNE ,A.D . 2013
(SEAL)
MARIA MESA personally known to me
• • Cheryl H Marmer
i~""'a\. Notary Public StatE) of Flon da
\; r"'~ My Commission EE 189528
o,~ Expires 07/1812016
to
C'ITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
to
NO TI CE IS HEREBY glvan that (he City Commission of the City of
So uth Miami, Florida will conduct Publ ic l1earing(s) at lis regular City
Comrftission mealrng scheduled fof Tuescfa y, J une 18, 2013, beginning
al7:oo p.m .• In thl! GIt¥" ~mmlsslon ChamberS, 6130 Sunsel Drive , 10
consIder the following lIemeS),:
A Resolutlon 11o IlPprove a multi-year employmen t agreement
b'etwe-en 'the Clly 'of South Miami and Sleven Alexander /0
piol/lde City 'Mahag'er SerVlC:8s,
A . ReScilullon relalfng 10 '8 fl)quoot purSuant 10 Sectfon
20·3.@)(6) of the Cily of South MIamI Lahd.p.eveJopmel1\ COde
for Speolal Use Approval , to locate-a used m,erchandise store;
consignment· goods, al '5770 SW 72 Street WIthin the Specialty
R(lfan 'SR',l1ome(own DIstrict Overlay 'HQ·OV'.
A ResolutIon related to a request pursuant 10 SeC1jon
20-3,4{B)(4)tb) of th!! City of SoUth Miam i Land DaveloPlJ1ent CQ(fa for Spell/81 Use Approval to locate a ge~erar restaurant at
5818 80(110 Dlxre Hlgliwar. within the Specially RetSil 'SR',
. tlometown District 0Verlay HD-OV',
A,. Re.sofuUon related to a request . P\ll'S~nf to Section
'2G-7~(C)(2)(b) of the e~y of SOuth M(Clrn! Land DevelopfI\9nt
COde ~ue!lJjt'){l a SpeqaJ ~~lIon wal~119 sltltt compUan~
with tt\e provisions of the HometO,wri DJ~cl OVerlay parking
re qulremeills. to locale a general restaurant al5818 South Dtxie,
Highway within the-Speclally Retail 'Sf.I', Hometown DistriCt
Overlay ~HD·Oya.
Ari '0fdinan,ce, amendir\iJ Sactlo!,\ 15·~3, IllIe,d .'Nolse-creaUng
blow.ars, ppwar fans" or IQIIlI118,W:ombustlol1 ~glj 00, oulctool'
powered tools and o'ther equlpment l of \he existing noise
,ordinance-.
AI'l0rtlinance amending Ihe QOcIe Cif 0tt1lnances SectIon 15-'
-~eselY..ed , p'rohll;>lnhg tflaopeml on of He,lipad&t\f\dlhelandlng
or tak&dff\9f IiJlncpp tElrs ~ gthet a,lrQtalt With \he Clly IirnJts
except In IKe Qas'S ot pgllce. f(re or ~n'\ilar civlf' emEilgeney, and
creating Secllon 15-1 (A) 1il1efj ·PenJiIIy'. 'to Inc lu.de pena ltl$S for
violations, and providing for conflicts.
An Qrdlmliltl& amending S~Clfon 2O-4.3(N) -banners Civet
rlghls-of-W!lY, to allow for adnl1n~~ll1le review and approval 01
.r~uesfs [oJ bannal'Sl pl'C)vfdlng ~ reference \0 tile oily's ~
schedul~; pr:ovldlng additfQn/ll requlrerilants fof aPRlicanrs
responsibillties-and providing for confJlsts,
•
• llintel'(lsied parties ate-Invited to a)lend &ndWiUbe heard.
FQr lurthtr Informalio". piease1:Onlactthe €ity Ol!!.I'k's O/Hce
at 30"5-66~·6340,
Mada Ml Menendez, CMC
CIty Clerk
Purs~nf to 'lilo(1da Statutes 286 ,Q105. Ihe City Hereby advises the
public thaI If a person"l1£l,91Qes to appeal any ctilplslon made by. thll!
Board. Agepcy or CommIsSion, wt~ respect to any matter ccnslde}'ed at
its meeting or hearing, he or she will need a r~rd of Ihe procee:dlngs,
and thallfor such purpose, affecled person may nood to onsure thaI a
verbatim record 'or (he proceedings Is ~e which record Includes the
tEi$tlmol)Y slid evidence upon which the appeal Is to be based.
.6/7 13-3-26212099290M
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City of South Miami
Planmng & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Applicationfor Public Hearing before Planning Board & City Commission
~) i),'{ j e 1-1 I''l'")'" '1.'-/ Lot(s) d;,tJt:'J .~ '7 r;6c) Subdivision t-L!J . ~VC'>O<' r Address of Subject Property: 5 '7)' i (&
-.J PB i-1~
Meets & Bounds: ~e£ ~LI (I/~ 'I r.;I'Q :tT c \ . -"f ::.J.'; "0::;0 -OiO 6
Applicant: h IC~ ~)(),)rlr\ t-I \ i·i rr'./ LL(.i... Phone: ~D·'--'-f (f(. -~r("1q ,-' ~ .~ .... -' '.,)
Representative : T y.{'-::, f"lC, (fh D ~?t'~etj,;\e.) d ' i=,'Jq Organization: H,) I 1<.'\ net ~;; KrrJfjhl.-
Address :
1(~) i r:;. ( i ( r-.. e \ i t\ iJ (L , SV, Ie:' 3()o I)
Phone: ;; ("> ~ --¥s'q 'il No
,\...\ I :: fYl! r=-J J~; ),~q _I.,." . .,)
Property Owner: C ~ /1." ,'A 1-411?"k..1:.1 14a t.-Signaturey----~
Mailing Address: p. ().13 Col ~ 3 '13 r Phone:
W,' /) 1-, /J" J k F£ :3 ::l ? q " "()?:1. s:;)· DO /~
ArchitectJEngineer: Phone:
R e, nit I dv '")
-1.JO '(6e <., ~,c\5 -3'7 ~-q.1.. I to
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: .1....~nantJLessee -Owner _Owner's Representative _Contract to purchase _Option to purchase
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
-Text Amendment to LDC _Variance .,l{Letter of intent
_ Zoning Map Amendment ~ecial Use _ Justifications for change
_ PUD Approval _ peclal Exception _ Statement of hardship
_ PUD Major Change _Other (Waiver of Plat) L Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code sections: _ Contract to purchase
:£.. Current survey (1 original sealed and
~\(D~~1!~ /I:';~ ..
r _ ~ :J ;))Q .I ,~;~..1 >orr:.,:' .:'" ( signed/1 reduced copy @ 11" x 17") :~)(:~;(:.il; '_ J(")/'1 ~If !? _·,U / /r 2,' I J) If J'f> /'7~'
, ./15 copies of Site Plan and Floor Plans
.-Or !, :;f,,,,j :v ,rr', r~ ,-('\ '1.. t r ,· T 24 x 36", 1 reduced copy @ 11" x 17"
"'" .. '_01"';, , ',,--f
vi' Affidavit-Receipts attesting to mail -. 7. (?'( C) ( ,2) (6) . 7 ~ ()
Ii Subsection:~ .. notices sent
Section: 0< L Page #: __ Amended Date: ..!. Mailing labels (3 sets) and map
I Required Fee(s) ~~,OOO
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correct to, the best of the applij:)ant's knowledge and belief.
.~----!/i/ ;'
(./-1': ~ ,·"'Z ,.:~t,.. to. '-v 0./1-{I ".' ... / --r;]ih /-i,)y/>!",. ;../~~:-. v'i1il'r'c _i-", "'-_' .. .. J! ,'-L.-I j t " ," -J
Print Name (J Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed, ____ _
Petition Required __ _
Method of Payment
Date of PB Hearing,___ Date of Commissio n_~~_~_
Petition Accepted____ RECEIVED
APR 2 6 2Q13
Z:\Forms\Current Planning Department Forms\Planning Department Forms\Planning Board\PB -Speci~t\ffi>§c!JiM>8 ~\il§2-
20-20l3.doc 0 " ... t "'.-tPtlJ _me., [
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City of South Miami, Florida
PLANNING AND ZONING DEPARTMENT
Part 1 of4
APPLICATION, MISCEl,LANEOUS AND DOCUMENT FEES
..
DATE: 4 '21".)\3
NAME: ::(ive' t't
CHECK NO: _________ _
ADDRESS: 1 6J ( f?JQ\G e\ v ~ PHONE NO
f1\ \ Pr (1'\ \ ¥i 3~ I .::s I
001.0000.341.3000 ERPB HEARING FEES
Environmental Review and Preservation Board (TOTAL)
Applications for new construction in the RS and RT zoning districts
Single dwelling unit ($750)
All other applications for: New construction ($900); Renovation ($450);
Signs ($225 for first sign, $50 for each additional sign); Revisions, fences, walls, etc. ($225)
For each additional appearance before the Board ($150)
Appeal ERPB decision ($100)
V ARIANCE, FIRST REQUEST
001.0000.219.1610 Advertisement and Notice Fees .................................. ($1,500)
001.0000.341.2000 Admin Fee ............................................................. ($1,500)
EACH ADDITIONAL VARIANCE REQUEST ............. ($1,125)
SPECIAL USE/ SPECIAL EXCEPTION
~. 001.0000.219.1610 Advertisement and Notice Fees ................................... ($1,500)
I 001.0000.341.2000 Admin Fee ............................................................. ($1,500)
001.0000.341.2000 EACH EXTENSION REQUEST FOR VARIANCE, SPECIAL USE
OR SPECIAL EXCEPTION ...................................... ($500)
001.0000.219.1610 REZONING APPLICATION
10 acres or less ($6,000)
More than 10 acres ($20,250)
LDC TEXT AMENDMENT I (General standards, misc. provisions)
001.0000.219.1610 Advertisement and Notice Fees .................................... ($1,500)
001.0000.341.2000 Admin Fee ............................................................... ($1,500)
LDC TEXT AMENDMENT II (Change Permitted Use Schedule)
001.0000.219.1610 Advertisement and Notice Fees .................................... ($1,500)
001.0000.341.2000 Admin Fee ................................................................ ($4,500)
PUO/MAJOR CHANGE
001.0000.219.1610 Advertisement and Notice Fees .................................. ($1,500)
001.0000.341.2000 Admin Fee ............................................................. ($3,750)
PUll MINOR CHANGE
001.0000.341.2000 Admin Fee ............................................................. ($1,500)
X:\Forms\Receipt forms\RECEIPT FORM Part [ [·4·\1 .doc
Ordinance NO.04-11·2077, adopted 1-4·1 L
GRAND TOTAL
White copy to Planning: Pink copy to Customer; Yellow copy to Finance
(TOTAL $ 3,000)
I 5 00 ••
(TOTAL $ 3,000)
(TOT AL $ 3,000)
(TOT A L $ 6,000)
(TOT A L $ 5,250)
~l rJ Q 0
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Holland & Knight
701 Brickell Avenue, Suite 3000 I Miami, FL 33131 I T 305 .374.8500 I F 305.789.7799
Holland & Knight LLP I www.hklaw.com
April 26, 2013
VIA HAND DELIVERY
Mr. Christopher Brimo, AICP
Planning Director
City of South Miami
Planning and Zoning Department
6130 Sunset Drive
South Miami, Florida 33143
..
[nes Marrero-Priegues
3057897776
ines.marrero@hklaw.com
Re: Letter of Intent Accompanying Application by Rice South Miami, LLCI
Special Exception for Waiver of Some of the Required Parking for new
Restaurant in HD District for Rice House of Kabob Restaurant at 5818
South Dixie Highway, South Miami
Dear Mr. Brimo,:
..
This letter of intent accompanies the application by Rice South Miami, LLC, Inc. for a
special exception to waive a portion of the required parking for an existing building in the HD
District. This request is filed with the authorization of the property owner, Collegiate
Marketing, Inc.
As you know, this application is a companion request to a Special Use approval for a
new restaurant, Rice House of Kabob ("Rice") at 5818 South Dixie Highway. Rice restaurant is
proposed for the retail space formerly occupied by Z Mattress. It is an existing building in the
HD District. According to the Miami-Dade County Property Appraiser records, the building was
built on or about 1948. The tenant space to be occupied by Rice has 9 existing parking spaces
on S.W. 71 st Street.
The City's Land Development Code ("LDC") establish a requirement that general
restaurants provide 1 parking space per 100 square feet of total restaurant area. The total area of
the Rice Restaurant is 4,045 sq. ft, which based on the LDC formula, will require 41 parking
spaces. However, the restaurant patron area only has seating for 38 persons. The parking
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Mr. Christopher Brimo
Planning Director
April 26, 2013
Page 2
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formula will require more than 1 parking space per seat, which is in excess of what is customary
for restaurants, generally, and more specifically, for existing Rice restaurants elsewhere III
Miami-Dade County.
Rice House of Kebob is a successful, local chain of healthy, casual restaurants with
existing locations in Doral, Kendall, North Miami, Brickell and Miami Beach. The Miami
Beach location has 9 parking spaces. The Brickell Rice location operates successfully with no
off-street parking. In addition, a considerable percentage of Rice's business is take-out and
delivery, for there is quick parking turn-around time or no parking is required.
This application requests a waiver to permit 17 parking spaces, where 9 spaces are
provided on site and the remaining spaces are mitigated through the payment of $1 ,000 per space
a year to the Hometown District Improvement Trust Fund, as provided in Section 20-
7.6(C)(2)(b) -for a total of $8,000 a year. We believe that this reduction is an accurate
reflection of the actual parking needs of Rice while still requiring fair yearly contribution to the
Hometown Improvement District Trust Fund.
As you know, the Hometown District Overlay was created, among other things, "to
invigorate the economic and social vitality of South Miami's 'main street' business center"
through incentives such as reduced parking requirements. (See, LDC Section 20-7.2(A)(4)) and
by recognizing shared parking (See, LDC Section 20-7.2(A)(5)). The de facto requirement that a
3 8 seat restaurant requires 41 parking spaces is contrary to that spirit.
This special exception request proposes 1 parking space for every 2.25 seats, which
factors in the take-out and delivery features of this restaurant. This approach satisfies the
criteria for approval of Special Exceptions in the Hometown District regulations that require that
the approval will "catalyze development" particularly a pedestrian-friendly use that encourages
walking and the shared parking with existing City parking facilities at a fair rate of contribution
to the Hometown Improvement Trust Fund. This request also satisfies the other applicable
criteria for approval of Special Exceptions established in Section 20-7.51 of the LDC.
Based on the foregoing, we respectfully request your favorable review and
recommendation. Should you have any questions or need additional information, please call me
at (305) 789-7776.
Very truly yours,
q /t;,..~ ,/J P'J---.-
Ines Marrero-Priegues
cc: Mr. lafar Shabani
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--------COLLEGIATE MARKETING, INC .. --------
Re: Jafar Shabani
Rice South Miami, L.L. C.
&
5818-5824 S. Dixie Highway
South Miami, Florida 33143
To whom it may concern:
April 3, 2013
100 S. Virginia Avenue. Unit 319
Winter Park. Florida 32789
Telephone: (407) 252,0016
, This letter and affidavit is to confirm and certify that I, Kurt Anderson, the Registered
Agent, Principal, Secretary, and Treasurer of Collegiate Marketing, Inc., on behalf of
Collegiate 'Marketing, Inc., do hereby authorize Mr. Jafar Shabani to apply for any and
all permits in relation to the following property loc ated in Miami-Dade County and owned
by Collegiate Marketing, Inc":
5818-5824 S. Dixie Highway
South Miami, Florida 33143
Th is letter is intended to specifically authorize Mr. Jafar Shabani to prepare. complete.
sign. and submit any and all required application(s) for any and all permits in
conjunction with the referenced property, Including but not limited to Special Use Permit,
Building & Roofing Permit, and/or permit(s) perta ini ng to displaying sign(s) on the
exterior of the referenced property.
Please do not hesitate to contact me should you have any questions or concerns.
FURTHER AFFIANT SAYETH NAUGHT.
KURT ANDERSON
PROPERTY OWNER
.. .. .. ..
2013.
.. ..
Q-r~
WITNESS my hand' and official seal this .J...L. day of
My Commission Expires:
/personallY known OR
Produced Identification --Type of Identification Produced
.. ..
At>d \
• • • •
AFFIDAVIT
Before me, the undersigned, this day personally appeared Ines Marrero-
Priegues, who being by me first duly sworn, upon oath, deposes and says:
1. I am an authorized legal representative of Rice South Miami, LLC.
2. In my capacity as land use attorney and authorized representative , I
supervised and hereby certify that a Notification Letter of Application for
Special Exception approval to waive some of the required parking for Rice
House of Kebob Restaurant at 5818 South Dixie Highway, South Miami,
Florida in the form attached herewith as Exhibit "A" and herein incorporated by
reference, was mailed, via U.S. registered mail to all the addresses enumerated
in the ownership list attached as Exhibit "B " in accordance with the City of
South Miami requirement that notice be sent, via registered mail, to at least
50% of the property owners within a 500 feet radius of the public hearing
application area.
Further Affiant sayeth not.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Ines Marrer -Priegues, sq.
title: Attorney for Applicant
Rice South Miami, LLC
The foregoing instrument was acknowledged before me this d-day of April,
2013, by Ines Marrero-Priegues, who is personally known to me and who did
(did not) take an oath.
#23004808 _v!
I
Name. .A-
Notary Public tate of Florida
Commission f'i o.: £E 61Sa Lf I
My Commission Expires: Attn II., ':i "/7
SEAL:
Sluey FLEITES
MY COMMISSION t EE 875841
EXPIRES: April 16, 2017
Bonded Thru NotalY Public UndelWml1l
• • •
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~M'/;L "A /1
Notification Letter
Application for Special Exception
for parking waiver for restaurant in the HD District for
Rice House of Kebob restaurant
at 5818 South Dixie Highway, South Miami, Florida
Via Registered Mail
Notification to:
Applicant:
Address of Application Property:
Rice South Miami LLC
5818 South Dixie Highway
South Miami, Florida 33143
..
You are hereby notified that an application will be submitted by the above to the
City of South Miami for approval of a special exception to waive some of the
additional required parking spaces for a proposed Rice House of Kebob restaurant
at 5818 South Dixie Highway, South Miami, in accordance with the requirements
of Section 20-7.6(C)(2)(b) and 20-7.51 of the City of South Miami Land
Development Code.
The proposed special exception will be reviewed by the City's Planning Board and
the City Commission. The City's Planning and Zoning Department, at 6130 Sunset
Drive, South Miami, will have on file all documents, plans and supporting
materials pertaining to this application. In addition, the City's Planning and Zoning
Department will prepare and mail the required notices of public hearing in
accordance with the notice requirements of the City of South Miami Land
Development Code.
.. ..
.. .. ..
Notification Letter
Application for Special Exception
for parking waiver for restaurant in the HD District for
Rice House of Kebob restaurant
at 5818 South Dixie Highway, South Miami, Florida
Via Registered Mail
Notification to:
Applicant:
0940250300160
CITY OF SOUTH MIAMI
6130 SUNSET DR
SOUTH MIAMI, FL 33143-5040
Address of Application Property :
Rice South Miami LLC
5818 South Dixie Highway
South Miami, Florida 33143
..
You are hereby notified that an application will be submitted by the above to the
City of South Miami for approval of a special exception to waive some of the
additional required parking spaces for a proposed Rice House of Kebob restaurant
at 5818 South Dixie Highway, South Miami, in accordance with the requirements
of Section 20-7.6(C)(2)(b) and 20-7.51 of the City of South Miami Land
Development Code.
The proposed special exception will be reviewed by the City's Planning Board and
the City Commission. The City's Planning and Zoning Department, at 6130 Sunset
Drive, South Miami, will have on file all documents, plans and supporting
materials pertaining to this application. In addition, the City's Planning and Zoning
Department will prepare and mail the required notices of public hearing in
accordance with the notice requirements of the City of South Miami Land
Development Code.
RECEIVED
MAY 0 1 2013
Planning and ZOning
Department
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Municode Page 1 of2
20-7.51 -Special exception.
(A) The city commission may, by special exception, waive strict compliance with the provisions
of the Hometown District Overlay Ordinance [this article]. In granting a special exception, the
city commission must find by substantial competent evidence that:
(1) The proposed development contributes to, promotes and encourages the
improvement of the Hometown District and catalyzes other development as
envisioned in the Hometown District regulations.
(2) The proposed development is compatible with the land uses and development
intensities prescribed by all applicable city regulations.
(3) The proposed development must possess integrity of design compatible with the
design criteria established for the Hometown District and with the overall image of the
city.
(4) The proposed development shall be designed in a manner that provides for effective
management of traffic (vehicular and pedestrian), parking, lighting, noise and waste
generated by the development, and management of the impacts of the development
on public facilities and services.
(5) The proposed development does not expand the permitted uses within the Hometown
District.
(6) The proposed development will not have an unfavorable effect on the economy of the
City of South Miami.
(7) The proposed development, when considered cumulatively with other development,
both present and future, within the Hometown District, will not create excessive
overcrowding or concentration of people or population.
(8) The city commission, in granting any special exception, may prescribe any reasonable
conditions, restrictions, and limitations it deems necessary or desirable, in order to preserve
and promote the intent of the Hometown District Overlay Ordinance.
(C) Special exceptions, if granted, shall be valid only for the specific design shown in the plans
and exhibits submitted as part of the special exception application, as provided in Section 20
-7.52 of this Code. All deviations from the requirements of the Hometown District Overlay
Ordinance incorporated within and reflected on the site plan and exhibits shall be considered
a part of the application. Approval of the site plan and exhibits by the city commission shall
constitute approval of the nonuse deviations identified on the site plan and exhibits unless
the city commission approves a motion to the contrary. No further individual or separate
application for deviations approved by the city commission shall be required. If the applicant
wishes to make material changes to the design subsequent to receiving a special exception,
the applicant must apply for a new special exception following the procedure set forth herein.
(D) Special exceptions, if granted, shall be valid if, new construction commences within eighteen
(18) months from the date of final approval and is substantially completed within two (2)
years from the date of issuance of the first building permit. The time for sUbstantial
completion may be extended by the city commission upon application filed prior to the
expiration of the substantial completion period and upon demonstration of good cause.
(Ord. No. 19-94-1569, § 1,11-1-94; Ord. No. 02-11-2075, § 1,1-4-11)
20-7.52 -Procedure for special exception .
http://library.municode.com/print.aspx?h=&clientID=12667&HTMRequest... 6/1212013
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.1
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Municode Page 2 of2
(A) Special exceptions under Ordinance No .1 9-94-1569 [Sections 20-7 .51 , 20-7 .52] may be
granted only after a minimum of two (2) public hearings. The first public hearing shall be
before the planning board, at which time the planning board shall review the project and
provide to the city commission an advisory recommendation regarding approval, approval
with conditions, or disapproval. The second public hearing shall be held before the city
commission and shall be held no sooner than seven (7) calendar days following the planning
board hearing. Public notice requirements, as specified in Section 20-5.5(C) and (G),
Applications requiring public hearings, shall be followed.
(8) Requests for special exceptions under Ordinance No .1 9-94-1569 [Sections 20-7 .51, 20-
7.52] shall be in a form acceptable to the city manager and shall include each exhibit
required per Section 20-7.3(8), Application for Development Permit, and per Section 20-7.4,
Site Plan Requirements. In addition, the city commission, at its discretion, may require
additional exhibits and may defer approval of the special exception application or schedule
an additional public hearing or hearings to review those exhibits.
(C) The city manager shall have authority to require additional review and approval by the
environmental review and preservation board for developments involving special exception,
which review shall follow the procedure set forth in Section 20-5 .11 of this Code .
(D) The city commission may grant a special exception upon four (4) affirmative votes of its
members.
(Ord. No. 19-94-1569, § 1,11-1-94)
http://library.municode.com/print.aspx?h=&clientlD= 12667 &HTMRequest... 6112/2013
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LEGAL DESCRIPTION,
All of Lul-; 19 ami 20 Hml all orLol 18 of H' D COOPER'S,SUBDIVISION', accorcJing Lo Ute Pial Lhcn.'Of
recorded in, Pial Book 4 al Page 152 aflhe, Public Recorus of Dude County-Florida, except that porlion ofLoL 18
described as follows:
Beginning at n pipe marking Lhe Southwest comer of said Lot, thence run Northeast along lhe Slate
Road No. 4-A fol' a distance or85 feet Lo a pipe, thence in a Southeasterly direction a distance of64 12
feel La a pipe set in the SOUUl line of said Lu1, thence Wesla dislancc of 1 00 feet La Lhe Point of Beginning;
together willi building or buildings situate thereon; and LESS a slrip of land across, tbe Northwesterly. side of
Lots 20 and 19 and a portion ofLol18, of the Amended Plat ofH. D . COOPER'S SUBDIVISION, according to
the Plat thereof, recorded in Plat Book 4 at Page 152 of the Public Records of Dade County, Florida, described
a:l follows: From theNorlhern·most comer of said Lot 20 run Southwesterly along the Northwesterly boundary
of Lots 20, 19and,I8 10 a point 8 L,22 feet Soutbwesterly from the Northernmost corner of Lot ]8; thence run
Northeasterly 150.74 feet to the &t.sterly boundlJry of Lot 19, 11 point 3.20 feeL South 11'0111, Ule Northernmost
comer of, said Lot 19; thence conlinuing Northcasterly, 54.99 feet 10 a point; Ihence Soulheasterly 10.95 feel
to the boundary of Lot 20, at a point 18 ,62 feet South from the Point of Bcginning;Lhence NOIlh ] 8.62 feet La the
Point of Beginning containing 220 Sq Fl; more or less Seetioll 36, Township 54 South,Rnngc 40 East; together
wHh the improwmenls lhercon .
CERTIFIED ONLY TO,
Collegiaie Mklg Inc ,
PROPERTY ADDRESS:
;820 S. Dixie I-lwy
SouLh Miami, Florida 33143
liLEVA TION INFORMATION
National Flood Insllrance Program
FEMA Elev. Reference to NGVD 1929
Comm Panel l20658
Panel # 0458
Finn Zone: "X"
Dute of Finn: 09-11·2009
Base Flood Elev, NlA
P,Floor Elcv. 11.75'
Garage ELcv. N/A
Suffix: "L"
Elcv, Reference to NGVD 1929
Surveyors Notes:
#/l..ond~._, ....... __ f<Jlirr_
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Pmf""I"'''1 ~ Surveyors & Mapper.> LB 7498
13050 S W. 133n.l Court
MilliOiFloridu,33186 ___ _
E·mail: afaco@bellsouthnel ,.u.-,
lIlt # (305) 234-0588 "",...,.;-J "/~.IPw-"'W
Fox # (206) 495-0778 """I ..,fI .... ~ ",.J ;t ~ ... ,~.r,z
..
01 SITE PLAN -RICE RESTAURANT
KITCHEN AND PREP AREA
SEATING AREA
..
BATHROOM AND DISPLAY AREA
TOTAL GROSS AREA
= 2,000 SOFT
= 1,500 SOFT
= 545 SOFT
= 4,045 SOFT
..
(38 SEATS)
..
3/16" .. 1'-0"
ISSUE DATE:
No. DATE DESCRIPTION
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borga~!ittes
architecture urban-plannlng Intertol"ileslgn
1200 Brickell Ave .. Su"" 1625 -MIami. Flortda 33131
305.374.9218 phone • 305.374.9217 fax
www.~.c:om
R(IIlAUl(f~' AllClIITrol
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ProJectTaam
ProjecI N.".
RICE
RESTAURANT
5818 SOUTH DIXIE HIGHWAY
SOUTH MIAMI, FLORIDA 33131
Project Number
D18w1ng Name
RICE RESTAURANT
SITE PLAN
Scale: D18w1ng Number
AS SHOWN ID~OOO