10South Miami
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All-America CitY
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
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To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven J. Alexander, City Manager
From: Christopher Brimo, AICP fJV /
Planning Director I
Date: November 13,2013 ITEM N 0.---,,--/---=:0_
A Resolution relating to a request pursuant to Section 20-5.8(C) and (D) of
the City of South Miami Land Development Code for an extension of a
Special Use Approval, Resolution No. 135-13-13953, to locate a general
restaurant at 5818 South Dixie Highway, within the Specially Retail "SR",
Hometown District Overlay "HD-OV" zoning district.
BACKGROUND
2001
Pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), the applicant, Rice
South Miami, LLC submitted to the City Commission Application No. PB-13-015 requesting a
Special Use Approval to operate a general restaurant to be located at 5818 Sunset Drive, within
the Specialty Retail "SR", Hometown District Overlay "HD-OV" zoning district (Figure 1).
Figure 1
5818 S. Dixie Hwy
Extension of special use approval -General Restaurant
November 19,2013
Page 2 of3
At the June 18, 2013 Commission meeting, and following a public hearing, the Commission
voted unanimously to recommended approval of the special use request for a general restaurant,
by adopting Resolution No. 135-13-13953. The applicant has been working towards submittal of
permit plans for the conversion of the existing mattress store to a restaurant. Additionally, the
applicant has been in discussions with Miami-Dade Water and Sewer to address any issues prior
to final plan submission.
However, Section 20-5.8(C) & (D) of the City's land development code states in part, that an
approved special use shall lapse after six months if no master building permit of certificate of
occupancy has been issued, and provides that the City Commission by four affirmative votes
may grant an extension for a previously approved special use.
The applicant filed a timely request to the Planning Department asking for a 120-day extension
on this approval. Staff evaluated the request and recommends that the Commission grant the
approval for an extension to the previously approved special use.
Z:\Commission ltems\20 l3\11-19-13\Rice Special Use Approval Extension\Extension Special use approval Rice _5818 S. Dixie _ CM report.docx
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RESOLUTION NO. ___ _
A Resolution relating to a request for an extension of a Special Use Approval,
Resolution No. 135-13-13953, to locate a general restaurant at 5818 South
Dixie Highway
WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, Rice South Miami, LLC submitted to the City Commission Application No. PB-
13-015 requesting a Special Use Approval to operate a general restaurant to be located at 5818
Sunset Drive, within the Specialty Retail "SR", Hometown District Overlay "HD-OV" zoning
district; and
WHEREAS, at the June 18, 2013 Commission meeting, and following a public hearing,
the Commission voted unanimously to recommended approval of the special use request for a
general restaurant, Resolution No. 135-13-13953; and
WHEREAS, special use approvals shall lapse after six months if no master permit or
certificate of occupancy has been issued for such use, with said use approval scheduled to expire
on December 18,2013; and
WHEREAS, the applicant is working with Miami-Dade County Water and Sewer on
permitting issues and is requesting an extension of 120 days pursuant to the requirements of
Section 20-5.8(D) of the Land Development Code to facilitate completion of permitting; and
WHEREAS, the applicant has filed a timely request for an extension and four
affirmative votes of the City Commission is required for the granting of such an extension.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: That the request for an extension of a previously approved Special Use
Application (Resolution No. 135-13-13953) submitted by applicant Rice South Miami, LLC, to
operate a general restaurant located at 5818 South Dixie Highway, within the Specialty Retail
"SR", Hometown District Overlay "HD-OV zoning district is hereby _________ _
for a period of days foll?wing expiration on December 18, 2013.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this __ day of _____ , 2013.
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ATTEST: APPROVED:
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:
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(;.,
RESOLUTION NO. 135-13-13953
A Resolution relating to a request pursuant to Section 20-3.4(B)( 4)(b) of the
City of South Miami Land Development Code for Special Use Approval to
locate a general restaurant at 5818 South Dixie Highway, within the Specially
Retail "SR", Hometown District Overlay "HD-OV" zoning district.
WHEREAS, pursuant to Section 20-3A(B)(4)(b) of the Land Development Code (LDC),
the applicant, Rice South Miami, LLC submitted to the Planning Board Application No. PB-13-
015 requesting a Special Use Approval to operate a general restaurant to be located at 5818
Sunset Drive, within the Specialty Retail "SR", Hometown District Overlay "HD-OV" zoning
district; and
WHEREAS, a general restaurant is permitted as a special use in within the Specialty
Retail "SR", Hometown District Overlay "HD-OV" zoning district and is subject to meeting
general conditions specified in LDC Section 20-5.8 and subject to meeting special use
requirements set f011h in LDC Section 20-3A(B)(4)(b); and
WHEREAS, the approval of a special use requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at the June 11, 2013 Planning Board meeting, and following a public
hearing, the Board heard application PB-13-0 15 and voted unanimously to recommended
approval of the special use request for a general restaurant; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: Special Use Application (PB-13-0 15) submitted by applicant Rice South
Miami, LLC, for approval to operate a general restaurant located at 5818 South Dixie Highway,
within the Specialty Retail "SRI!, Hometown District Overlay "HD-OV zoning district is hereby
ilJ?£:J;'9_~§.<! ___ subject to the following terms and conditions as well as all applicable City
ordinances, codes, rules and regulations:
(1) Adhere to the Special Conditions applicable in Section 20-3 A(B)( 4 )(b)
General Restaurant and Section 20-5.8 Special Use Approval of the Land Development
Code, listed.
(2) The parking agreement between the applicant and the City for the necessary
parking spaces must be completed prior to the issuance of the Business Tax Receipt for
the walk up restaurant.
Res. No. 135-13-13953
(3) All signage for the new establishment is subject to review and approval by
the Environmental Review and Preservation Board (ERPB).
(4) Any and all exterior renovations or modifications are subject to review
and approval by the ERPB
(5) A separate application for outdoor dining would be required as per Section
20-3.3(E)(2) Outdoor Seating / Dining for all commercial Properties, of the Land
Development Code.
(6) If the subject 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. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 18thlay of June ____ ,2013.
ATTEST:
~-(b~
CITY CLERK
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APPROVED:
COMMISSION VOTE: 5-0
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Yea
Yea
Yea
Yea
Yea