Loading...
Res. No. 209-09-13018RESOLUTION NO. 209-09-13018 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT AT 5900 SW 73`d STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC), the applicants, Tabu Group LLC. has submitted Planning Board Application No. PB -09 -007 requesting a Special Use Approval to operate a new general restaurant to be located on the ground floor of an existing mixed use office /retail building at 5900 SW 73`d Street within the "SR(HD)," Specialty Retail Hometown Overlay Zoning District; and WHEREAS, a general restaurant is a retail use which is permitted as a special use in within the "SR(HD)," Specialty Retail Hometown Overlay Zoning Distriet;and is subject to meeting general conditions specified in LDC Section 20 -5.8 and subject to meeting special use requirements set forth in LDC Section 20- 3.4(B)(4)(b); and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at its May 26, 2009 meeting the Planning Board, after public hearing, voted 5 ayes I nay to recommend approval with conditions of the special use request; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning 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 -09 -007) submitted by applicant, Tabu Group, LLC. for approval to operate a new general restaurant to be located to be located on the ground floor of an existing mixed use office /retail building at 5900 SW 73`d Street within the "SR(HD)," Specialty Retail Hometown Overlay Zoning District is hereby approved subject to the following conditions: (1) If the proposed general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Page 1 of 2 Res. No. 209 -09 -13018 2 (2) The development of the restaurant and the design of the existing on -site parking lot shall be in accord with attached plans marked "Exhibit A" Plans and entitled "Commercial Remodeling For Tabu Group 5900 SW 73 Street, Suite 103" dated 11 -4 -09, prepared and sealed by Enrique Fernandez, P.E. (3) Prior to obtaining a building permit the applicant shall submit to the Planning and Zoning Department a revised Parking Space Lease with Mark Richman Properties Inc. which lease shall provide eleven (11) parking spaces for a minimum term of sixty (60) months. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 17th day of November, 2009 ATTEST: READ AND CITY ATTORNEY APPROVED: MAYOR Commission Vote: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea XAComm Items\2009 \11 -17 -09 \Special use Rest 5900 SW 73rd Su Revised Resolution.doc Page 2 of 2 South Miami A9-AmertsaCttp CITY OF SOUTH MIAMI r r OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM zoos To: The Honorable Mayor Feliu and Members of the C' Commission Via: Roger M. Carlton, Acting City Manager From: Thomas J. Vageline, Director Planning and Zoning Department Date: November 17, 2009 ITEM Subiect . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT AT 5900 SW 73rd STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE. APPLICANT'S REQUEST: Pursuant to Section 20- 3.4(13)(4)(b) of the Land Development Code (LDC) the applicant, Tabu Group, LLC. is requesting a Special Use Approval to operate a new general restaurant at the above referenced location. The location of the restaurant is on the ground floor of an existing mixed use office /retail building. The restaurant will face SW 59`" Ave. The proposed restaurant is located in the "SR(HD)," Specialty Retail Hometown Overlay 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 ANALYSTS (1) The restaurant will occupy 1,600 sq.ft.; the required parking spaces for the restaurant will be 16 spaces (I space per 100 sq. ft.). The applicant was required to provide a parking analysis for the entire complex which includes a three story building and a new one story addition constructed in 2007. The required parking for current uses in the building complex is 65 spaces. The applicant's plans indicate that there are 65 required spaces provided, 54 spaces in an on -site parking lot at the rear of the building and I spaces on- street abutting the property on SW 73rd Street and SW 59`" Avenue. (permitted by LDC Section 20- 4.4(A)(1). (2) The substitution of the proposed restaurant for a current retail use will require the applicant to provide I I additional spaces (16 spaces -5 spaces credited to the current retail store use). In the hometown District a change of use in an existing building requiring additional parking spaces must provide for these spaces by: (1) obtaining a special exception (variance) from the City Commission; or (2) contribute an annual fee to Hometown District Improvement Trust Fund; or (3) execute a long term lease to use surplus off - street parking spaces at another location (LDC Section 20- 4.4(F)(2). The applicant has selected to lease the required spaces from Mark Richman Properties (SM Parking Garage). A copy of that leased is attached. 2 PLANNING BOARD ACTION. The Planning Board at its April 28, 2009 meeting conducted a public hearing and reviewed the application The Board deferred the application and requested additional information from staff on parking issues in the same area. The Board at its May 26, 2009 meeting continued consideration of the item and adopted a motion by a vote of 5 Ayes 1 Nay (Mr. Comendeiro) recommending approval of the special use restaurant request with the following conditions 1) The applicant must submit an executed long -term lease acceptable to the City attorney for 11 off-site required parking spaces; 2) The applicant shall designate sixteen (I6) parking spaces in the rear parking lot for the restaurant and shall indicate that the spaces are reserved for restaurant patrons. 3) The applicant is to submit a revised site plan showing the correct number of on -site spaces and if 54 spaces are not indicated the applicant should lease two additional off-site spaces; the spaces which are not usable should be shown as a bike rack area, a motorcycle parking area or a tree. 4) If the proposed general restaurant is, in the future determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification andpublie hearing. The applicant did submit the required parking lease and a revised and updated site plan to the Planning and Zoning Department on November 6, 2009. The applicant advised that the long time period between Planning Board approval and submittal of the required documents was related to difficulties getting County fire and water /sewer approvals. RECOMMENDATION The requested special use approval for the restaurant/caf6 at this location complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8. The applicant has made the revisions mandated by the Planning Board and has submitted the required documents which are included as attachments. Approval of the application with the following condition as set forth by the Planning Board is recommended: (1) if the proposed general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. A second condition is also recommended: (2) The development of the restaurant and the design of the existing on -site parking lot sball be in accord with attached plans marked "Exhibit A" Plans and entitled "Commercial Remodeling For Tabu Group 5900 SW 73 Street, Suite 103" dated 11 -4 -09, prepared and sealed by Enrique Fernandez, P.E. Backup Documentation: Draft Resolution Application Location Map Letter of Intent Copy of Parking Lease Planning Department stafreport (5 -26 -099) Planning Board Minutes Excerpt (5- 26 -09) Planning Department staffreport (4 -28 -09 Planning Board Minutes Excerpt (4- 29 -09)) Site Plan / Floor Plan / Elevations Public Notices TJV /SAY X:1Comm Items\2009 \11- 17- 09\Special use Rest 5900 SW 73rd Str CM Report.doc City of South Miami MMill■Illllt Planning & Zoning Department City Hall, 130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public i s�. � 6 iT 7 ii 03 U Before Planning Board & City Commission PB• , 7 G I or THE SoL"0t P Applicant: • i V �� 11 Z LC i mane: z ©s 6 �$ -so Organization:, , Representative: C,tJ'R \QJC { Fiko "W" , - D6 -Rf\-b Klklilet- Phone: r' Address.lq�3S5w t2O5t. AogCckiil �30s (408-40 ,QS `og-"1O4 /� Prop" owner � L LC � Signature: vA t'lr 21 � "\e, -t.3 A 6 'Tf1 g R00 Mailing Address: Phone: 30S U) `� 3s +. SO I.VCI t o 3 ArchitecfilEngineer: Phone: NRtQ�?C rt�r�l >v�� 30s gog-goi s TO ?Owner ,_„Owner's Representative - 4Contracf to purchase _Option to purchase _Tenant/Lessee_ PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LDC _,,,,Zoning Map Amendment M PUD Approval _ PUD Major Change explain application and cite specific Cade Subsection:_ Page #6:_ The undersigned has read this car, correct to the best of the applicant's Applicant's Signature and title V k t& l4Y 7pJ j - Upon receipt, a pIicat ons and all sub7mi/tted iba11 applicable regulations. Applications found not in OFFICE USE ONLY: Date Filed Date of Petition. Required Petition a {fn,,.d,, represents that the information and all submitted materials are true and NOTARYPUBLICSTAT / 21 4C rlrtonella en -y Date =Commission D7 \l (khi4 �� c y scu n n Expires: J will be reviewed r complianc with the Land' eve op 8, b€her fiance will be.rejected and returned to the applicant, Hearing Date of Commission PLEASE CHECKALLTHATAPPLY: ice al Use X Letter of intent _ Justifications for change 0 Exception _ Statement of hardship (Waiver of Plat) X Proof of ownership or letter from owner Power of attorney Contract to purchase X Current survey (1 original sealed and signed /1 reduced copy @ 11 "x 17 ") _X 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11 "x 17" K 20% Property owner signatures or Affidavit attesting to mail notice sent Date: X Mailing [abets (3 sets) and map K Required Fee(s) a {fn,,.d,, represents that the information and all submitted materials are true and NOTARYPUBLICSTAT / 21 4C rlrtonella en -y Date =Commission D7 \l (khi4 �� c y scu n n Expires: J will be reviewed r complianc with the Land' eve op 8, b€her fiance will be.rejected and returned to the applicant, Hearing Date of Commission City of South Miami PB-09-007 Special Use Approval - Restaurant 7310 SW 59 Avenue / 5900 SW 73rd Street u JUU out �Y 1 M27 61n ! i 6101 SW LOTH ST log 710 SW71STST SUNSET DRSW 72ND ST I FM I I Sim 1 MI 6144 Wt mop ' I l I NIS w ,41 8 a SW75R - D�T 5940 7331 ti 1 =4 A16 7621 Mo Ip M, �r. T ___ — .. j M t ant M. 1663 i 4 ; I M. "Moil b796 Sts ■ 95, -7-- ----- :-P OPERTY-­­- R 5514 5439 59w 1 ]40-0 Sal SW 74TH TER mop W4 Im 7500 Isis 7w 7521 Rho 7= 7%3 i ---------- 7611 go 7621 1 mo i — $W 76TH T i ........ .... GIS Data by Miami-Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 4/8/2009. ENRIQUE FERNANDEZ P.E. Consulting Engineers 14335 Southwest 120 Street Suite 214 Miami, Florida 33186 telephone: 305 -408 -4025 • fax: 305- 408 -4026 email: emfenaineering0bellsouth.net LETTER OF INTENT March 25, 2009 City of South Miami, City Hall Planning and Zoning Department 6130 Sunset Drive South Miami, Fl. 33143 RE: Proposed new Restaurant for TABU GROUP at 5900 SW 73 Street, Suite 103. Dear Sir, or Madam, On behalf of our client, TABU GROUP, we request your consideration to grant Special Use Permit for the above caption project located in the City of South Miami. The Special Use permit is for a new Restaurant located at the San Remo Building, 5900 SW 73 Street, Suite 103. The new Restaurant will be located at the ground floor and will be of approximately 1,470 square feet under A/C. Other particulars arew.as follows: The front of the new proposed Restaurant will be facing 73rd Street on the east side of the existing building and it will also have an side entrance, off of 59`" avenue on the north side of the existing building. I believe the new Restaurant will be in compliance with the local code requirements and will interacts well with existing businesses of the neighborhood. I respectfully request your department's thoughtful review and approval of our petition for this Special Use Permit. Si,, ref , Enruique Fernandez P.E. P.E. #2121$ PARIUNC SPACE LEASE This Parking Space Agreement ( "Agreement ") is made and entered into this _ day of November, 2009 ("Effective Date"); between Tabu Group LLC ( "Tenant ") and .MARK RICH AN PROPERTIES, INC., a Florida Corporation ("Landlord "). 1. USE OF SPACE. Landlord does hereby agree to allow the Tenant to have the use of eleven (11) undesignated parking spaces (the "Parking Space ") at the South Miami.Parking Garage located at 5829 SW 73r4 Street, South Miami, Florida (the "Parking Facility ") for the parking of vehicles of principals, owners, employees guests and invitees of Tenant and principals, owners, employees, gues'i.s and invitees of the San Remo Building located at 5900 SW 73 Street, South Miami, Florida 33143. The Parking Spaces shall include only area(s) designated by Landlord as `special permit parking' on the third (3rd) floor and above before the gated area on the fou{th (4t)) floor within the Parking Facility (parking spaces numbered 300-486). 2. TERM. This Agreement shall be for a term of twenty four (24) months beginning on the date of the issuance of a certificate of Occupancy or Temporary Certificate of Occupancy,, or their equivalent, for Tenant is irestaurant store located at 5900sw 73 St suite 103 South Miami Fl 33143 by the City of South Miami (CO Date) January 1, 2010, the Effective Date, and terminating on January l,'2012, the last day of the 24th month. Following the CO date (Termination Date) 3. RENT. Tenant agrees to pay the base monthly rent of seven hundred and fifteen Dollars ($715.00) per month, plus applicable sales tax ($50.05), for the first twelve (12) months following the Effective Date, in advance on or before the first day of each month to Landlord or his agent by mail or in person to Landlord at the address listed below. 4. RENT COMMENCEMENT. Payment of parking space lease, plus applicable sales tax, shall commence on the earlier of CO, Date (parking space lease commencement date) 5. RENT ESCALATION. There will be no rent escalation, since this is only for Parking Space Lease. 6. LATE CHARGE. If Tenant fails to pay to Landlord when due any installment of the Rent or other sum due to Landlord, Landlord will incur additional expenses and inconvenience in an amount not readily ascertainable and which has not been elsewhere provided for between Landlord and Tenant. If Tenant fails to pay Landlord any installment of Rent or other sum to be paid hereunder within five (5) days after its due date, Tenant agrees to pay a late charge . 7. TERMINATION. The Landlord may terminate this.Agreement fifteen days after written notice if the Tenant is in breach of this Agreement, including any abuse of parking privileges and/or violations of any applicable, laws, statutes, regulations, ordinances or posted parking garage policies. 8. TENANT'S USE. Tenant agrees to use the Parking Space for business purposes only, and further agrees not to use Ithe Parking Space or any part thereof. for any illegal or improper purposes; and Tenant farther covenants that the Parking Space will not be used for any purpose that will violate any policies of insurance on the Parking Facility or the premises in which said Parking Facility is located or which will increase the rate of premium thereof Tenant shall not permit any noise, disturbance or nuisance within the comes of the parking areas that would be detrimental to Landlord, Landlord's tenants or its neighbors. Tenant's access to the Parking Spaces shall be through the Landlord's decal program or its replacement, at Landlord's sole discretion. 9. NOTICES. Wherever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered whether actually received or not, three (3) business days after it is deposited in the United States mail, postage prepaid, Certified or Registered Mail, Return Receipt. Requested, or none (1) business day after deliver to a nationally recognized courier service, addressed to the parties hereto at the respective addresses set forth below, or at such other address as a party may have hereafter specified by written notice. Landlord: Mark Richman Properties, inc. 5829 SW 73" Street, Suite 1 South Miami, FL 33143 Tenant: Tabu Croup LLC. South Miami, FL 33143 10. DEPOSIT. Not Applicab%e 11. DISCLAIMER. Tenant af% s his understanding that Landlord does not furnish attendants for the parking of automobiles, and if any employee of Landlord shall, at the request of the Tenant or Tenant's employees, guests or invitees handle, move, park or drive any vehicle placed in the Parking Facility, then, and in every case, such employee shall be deemed the agent of Tenant, and Tenant, note Landlord, shall be liable for any IOoss, damage, injury or expense that may be suffdred or sustained in connection therewith or arising from the acts of Tenant or any employee ivho may be acting as agent of Tenant. This Parking Facility only provides Parking Spaces and does not provide safekeeping for vehicles. Landlord will not be responsible if the vehicle of a principal, owner, employee, guest or invitee of Tenant is stolen .or damage. Any attendan;Rs that may be present at the Parking facility are unable to verify the ownership of vehicles departing the Parking Facility. ALWAYS LOCK VEHICLES. Landlord is not responsible for items left in any vehicle parked in the Parking Facility. The Tenant and its employees, guests and Invitees Park at their own risk and the Landlord takes no responsibility for valuable or possessions left in vehicles or any third party damage that could occur while vehicles have been left in the Parking. Facility and /or Parkin Spaces. Landlord is not responsible for fire, theft, damage to, or loss of car or any article left in the Parking Facility and/or Parking Spaces, and all such risk shall be assumed by the Tenant. The 5 M.P.H. speed limit wnust be observed, at all times. 12. TOWING. Vehicles parked outside of designated parking spaces are subject to towing by Landlord and/or Landlord's agent at the Tenant's expense. Tenant assumes sole responsibility and cost should its vehicle be towed. 13. AOTHORITY. The person(s) executing this Agreement on behalf of Tenant hereby represent and warrant to Landlord that such execution has been duly authorized by all requisite action of Tenant so that upon such execution this Agreement will be binding upon and enforceable against Tenant in accordance with its terms. 14. BINDING EFFECT. This Agreement shall be effective only when it is signed and delivered by both the Landlord and Tenant. The Tenant's submission of a signed Agreement for review by the Landlord does not give the Tenant any interest, right or option in the Parking Spaces. 15. BROKERS. Landlord add Tenant represent and warrant to the other that they have not dealt with any broker in connection with this Agreement. Landlord and Tenant agree to indemnify and hold the other harmless from all costs, losses, damages and expenses.(including, without limitation, reasonable attorney's fees and expenses) arising out of any breach of this representation and warranty. 16. CHOICE OF LAW; VENUE; SEVERABILITY. The laws of the state of Florida shall govern the interpretation; validity, performance and enforcement of this Agreement. Venue for any action under this Agreement shall be in Miami -Dade County, Florida. If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining. provision of this Agreement shall not be affected thereby. 17. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify or terminate this 'Agreement in whole or in part unless the agreement is in writing a duly signed by the party against whom enforcement is sought. 18. EXCULPATION OF LANDLORD. The liability of Landlord (and its partners, shareholders or members) to Tenant (or any person or entity claiming by, through or under Tenant) for any default by Landlord under the terms of this Agreement or any matter relating to or arising out of the occupancy or use of the Parking Facility and/or Parking spaces shall be recoverable only from the interest of Landlord in the Parking Facility (and any proceeds from the sale thereof), and Landlord (e6d its partners, shareholders or members) shall not be personally liable for any deficiency. 19. ASSIGNMENT. Tenant agrees not to assign this Agreement with the prior written permission of Landlord. 20. SUCCESSORS AND ASSIGNS. The terms, provisions and covenants contained in this Agreement shall 'inure io the benefit of the binding upon the parties hereto and their respective successors an&permitted assigns. 21. WAIVER. One or more!waivers of any covenant, term or condition of this Agreement by either party shall not be construes as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party shall not be construes as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to or of any act by the other party requiring such consent or approval shall not, be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. 21. Without limiting the foregoing, receipt by Landlord of any Rent with knowledge of a breach of any covenant or agreement contained in this Agreement shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Agreement shall be deemed to have been made unless!, expressed in writing and signed by Landlord. 22. LEGAL EXPENSES. Ie any action or proceeding is commenced by either Landlord or Tenant, the prevailing party shall be reimbursed for reasonable costs and attorneys' fees (regardless of whether a judgment is rendered in such action or proceeding), 23. INTERPRETATION. Captions throughout this Agreement are for convenience and reference only and the words contained therein shall, in no way be held to explain, modify, amplify or add in the interpretation, construction or meaning of the provisions of this Agreement. 24. FORCE MAJEURE. Neither party shall be required to perform any term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, labor disputes (whether lawful or not), material or labor shortages, restriction s by any governmental authority, civil riots, floods, and any other cause not reasonably within the control the party claiming force majeure and which by the exercise of due diligence such party is unable, wholly or in part, to prevent or overcome. Lack of money shall not ire deemed for majeure. 25. ESTOPPEL CERTIFICATE. Tenant shall with ten (10) days written request from Landlord famish to Landlord, without cost, a written instrument certifying to Landlord: a. That this Agreement is unmodified and in frill force and effect (or if there has been a modification that the same is in full force and effect, as modified), and stating the modifications: b. The dates, if any, of,- the Rent due and payable ,under this Agreement which remains unpaid; c. Whether the Landlor4 has failed to perform any covenant term or condition under this Agreement and the nature of such failure, if any; and d. Such other reasonable; information as may be requested by the Landlord. IN WITNESS RECAP', the parties hereto have executed this Agreement on the date first written above. MARK RICHMAN PROPERTIES, INC., a Florida Corporation N eafn Title: ann oung, Vi e- President Tabu Group LL�r 7 7/ By: o Name, i e: To: Honorable Chair & Planning Board Members From: Thomas J. Vageline)Director Planning and Zoning Depart Date: May 26, 2009 Re Supplemental Report Special Use Approval Restaurant 5900 SW 73 Street. PB -09 -007 SUPPLEMENTAL REPORT Applicant: Tabu. Group LLC. Location: 5900 SW 73rd Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT AT 5900 SW 73rd STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE. PREVIOUS PLANNING BOARD ACTION The subject application was before the Planning Board at its April 28, 2009 meeting. After a public hearing and discussion the Board deferred action on the item. The Board requested additional data concerning: A. Whether or not the eleven on- street parking spaces currently credited to the building (at 5900 SW 73 Street) and counted as required parking was actually assigned to another building recently built in the vicinity; B. Is there a lease which allows the use of the existing parking lot at the rear of the building by other businesses in the vicinity. (1) In the staff report dated April 28, 2009 on the special use restaurant request, the current status of required parking for the building, it was reported: "that there are 65 required spaces provided, 54 spaces in an on -site parking lot at the rear of the building and 11 spaces on- street abutting the property on SW 73`a Street and SW 59`h Avenue". (2) A examination of the Department's off - street parking records indicates that in 1998 a new three story building was approved for 5920 S. Dixie Highway by Robins Building Enterprises. The required parking spaces for the entire complex was significantly reduced by incentives then in effect. The approved site plan for that project also showed that their 5900 SW 73 St. Supplemental Report - Special use May 26, 2009 remaining required parking spaces were partially satisfied by counting 16 on- street metered spaces on the east side of Dorn Ave. and the north side of SW 73 "d Street.* (3) In 2000 a restaurant was approved on the ground floor of the new building constructed at 5920 S. Dixie Highway. The additional required parking of 46 spaces was satisfied by a parking space credit and a requirement that 22 spaces could be satisfied by valet parking. A lease between Robins Building Enterprises and the Metro -Rail garage provides a location for 22 spaces.* (4) It is important to note that the required parking for the complex at 5920 S. Dixie Highway was satisfied without using any of the on- street spaces (south side SW 73`d Street, west side of SW 59 "n Avenue) now being counted as required parking for the office building at 5900 SW 73 Street. B LEASE OF SPACES IN PARKING LOT AT 5900 SW 73RD STREET (1) The owner of the building (Orense Company) in which the proposed restaurant will be located pointed out at the Planning Board meeting that there was an existing lease with a valet parking company (Key Parking Services) which allows the valet to use a portion of the office /retail building rear parking lot. The owner has provided a copy of that lease which allows for 34 of the 54 spaces in the lot to be used by the parking service in the evening hours only on the weekend.** (2) A copy of the (new) lease is attached. The owner has also provided a photographic record of the usage of the rear parking lot during the day and night over a one week period. ** (3) The partial usage of the rear parking lot in the evening /week -ends will still allow for most restaurant patrons to park in the rear lot. However, the restaurant applicant must still provide the long term lease for the 11 required spaces in the municipal garage. RECOMMENDATION (REVISED) The requested special use approval for a restaurant at this location complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8. Approval of the application with the following conditions is recommended: (1) The applicant must submit an executed long -term lease acceptable to the City Attorney for 1 I off -site required parking spaces; (2) shall indicate that the spaces are reserved for restaurant patrons, 5900 SW 73 St. Supplemental Report - Special use May 26, 2009 (3) If the proposed general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Attachments: Status Report: Off -Site Parking Agreements, 1998 -2009 Planning Dept. Staff Report 4 -28 -09 Public Notices " "Material Submitted b�Applicant Valet Parking Lease Photo usage of rear lot TJV/ SAY X:\PB \PB Agendas Staff Repons\2009 Agendas Staff Repon0- 26-09\P13-09 -007 Rest. Suplienrental, 5900 SW 73 Stcdoo CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 26, 2009 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairman Morton requested a roll call Board members present constituting a quorum: Mr. Morton, Mr. Cruz, Ms. Yates, Mr. Whitman, Mr. Comendeiro and Mr. Farfan. Absent: Ms. Young. City staff present: Mr. Thomas J. Vageline (Planning and Zoning Director), Sanford A. Youkilis (Planning Consultant),), Alerik Barrios (Assistant). Absent: Ms. Maria Stout- Tate (Administrative Assistant II), Lourdes Cabrera - Hernandez (Principal Planner). IV. Planning Board Applications /Public Hearings PB -09 -007 Applicant: Tabu Group LLC. Location: 5900 SW 73 "" Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT AT 5900 SW 73rd STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record. Mr. Vageline informed the Board that prior to beginning testimony on this item e -mails were exchanged between Board members on May 24, 2009 and on May 25, 2009. He requested that each Board member disclose whether or not the e -mails will make an impact on their decision. Mr. Vageline commented that if any information was delivered between Board members that information also needs to be disclosed. Mr. Comendeiro responded that the e -mails would have Planning Board Meeting May 26, 2009 Page 2 of 5 no impact on his vote. Mr. Cruz commented that he was not aware that by sending something to staff he could not send it to the Board members. He commented that the e -mail was a basic question to see if there was enough back up information that was requested at the last meeting and that the e -mails won't affect his vote. Mr. Morton commented that he did respond to the e- mail to inform Mr. Cruz that he could provide him with the information that he requested, but Mr. Cruz had the same information and it was not discussed. Ms. Yates connnented that there was no discussion. Mr. Farfan commented that there was no discussion. Mr. Whitman commented no discussion. Mr. Youkilis advised the Board that the subject application was before the Board at its April 28, 2009 meeting. After a public hearing and discussion the Board deferred action on the item and requested additional data concerning: (a) Whether or not the eleven on- street parking spaces currently credited to the building (at 5900 SW 73 Street) and counted as required parking was actually assigned to another building recently built in the vicinity;(b) Is there a lease which allows the use of the existing parking lot at the rear of the building by other businesses in the vicinity? In the staff report dated April 28, 2009 on the special use restaurant request, the current status of required parking for the building, it was reported: "that there are 65 required spaces provided, 54 spaces in an on -site parking lot at the rear of the building and 11 spaces on- street abutting the property on SW 73'd Street and SW 59`t' Avenue ". An examination of the Department's off - street parking records indicates that in 1998 a new three story building was approved for 5920 S. Dixie Highway by Robins Building Enterprises. Mr. Youkilis commented that the approved site plan for that project also showed that their remaining required parking spaces were partially satisfied by counting 16 on- street metered spaces on the east side of Dorn Ave. and the north side of SW 73rd Street. In 2000 a restaurant was approved on the ground floor of the new building constructed at 5920 S. Dixie Highway. The additional required parking of 46 spaces was satisfied by a panting space credit and a requirement that 22 spaces could be satisfied by valet parking. A lease between Robins Building Enterprises and the Metro -Rail garage provides a location for 22 spaces. The required parking for the complex at 5920 S. Dixie Highway was satisfied without using any of the on- street spaces (south side SW 73rd Street, west side of SW 59ffi Avenue) now being counted as required parking for the office building at 5900 SW 73 Street. Mr. Youkilis further advised that the owner of the building (Orense Company) in which the proposed restaurant will be located pointed out that there was an existing lease with a valet parking company (Key Parking Services) which allows the valet to use a portion of the office /retail building rear parking lot (the lease which allows for 34 of the 54 spaces in the lot to be used by the parking service in the evening hours only on the weekend). However, the restaurant applicant must still provide the long term lease for the l I required spaces in the municipal garage. Mr. Youkilis recommended approval of the application with the following conditions:(1) The applicant must submit an executed long -term lease acceptable to the City Attorney for I I off - site required parking spaces, (2) The applicant shall designate five (5) parking spaces in the rear parking lot and shall indicate that the spaces are reserved for restaurant patrons and (3) If the proposed general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the Planning Board Meeting May 26, 2009 Page 3 of 5 proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing, Mr. Comendeiro questioned if the off -site parking agreements are being updated and how often are they looked at. Mr. Youkilis responded that the agreements are looked at by the Finance Department annually. He commented that a business cannot get an Occupational License innless these agreements are still in affect. Mr. Comendeiro requested that if an off - site agreement is part of the application being presented to the Planning Board he would like that agreement to be included in the package. Mr. Youkilis commented that some agreements are private agreements between two businesses and some are with the City. Mr. Youkilis commented that if the special use is approved, the agreement will be on file for the eleven spaces and this will be re- examined annually by the Finance Department when the annual Occupational License is requested. Mr. Morton questioned how many agreements are in affect right now. Mr. Youkilis responded that the list provided to the Board shows eleven (11) agreements in effect. Mr. Youkilis commented that since last year businesses are now paying for the on- street spaces that are being counted as required spaces. When renewing their Occupational License these businesses will be paying one thousand dollars ($1,000) a space per year. Ms. Yates questioned that if the Finance Department has to check these licenses once a year, it can be expected that the Finance Department will be very focused on these licenses and agreements because it brings in money to the City. Mr. Vageline commented that when a future applicant comes to the Planning and Zoning Department and has a similar situation like this, staff could ask them to provide a copy of the current leases. Mr. Morton questioned if staff receives a negative response will the Board be informed. Mr. Vageline responded yes. Mr. Cruz questioned if the lease presented is for five years. Mr. Youkilis responded that the applicants lease is a five year lease with Mark Richman for spaces in the parking garage. That lease will need to be on file with the city and acceptable by the City Attorney. Mr. Cruz commented that a personal experience included him walking all the way from "Origins" to the parking lot in City Hall because the valet did not know how to start the car. Mr. Youkilis commented that the valet company goes to several locations. Mr. Cruz questioned if there are assigned spaces in the parking garage and if the tenants are paying double when it has been guaranteed to them that they will have a parking space reserved. Mr. Youkilis responded that as far as he knows there are no reserved spots for businesses leasing spaces. Mr. Cruz commented that something does not seem right when the owner of the business is paying to lease parking spaces and the individuals using that space will still have to pay the flat rate. Planning Board Meeting May 26, 2009 Page 4 of 5 Mr. Cruz questioned who keeps track of spaces being leased. Mr. Youkilis responded the Finance Department. The parking lease that the City requires mandates the continuation of the required 11 spaces. The space leased by a valet company is not regulated by the City. Mr. Cruz commented that he would fake to see the document of how the parking garage works. Mr. Youkilis commented that the document is public and the City Attorney would be able to provide it. Mr. Whitman questioned the analysis of the on- street parking spaces. Mr. Youkilis responded that the complex at 5920 Sunset Drive does not use any of the on- street spaces being credited to the new restaurant. Mr. Whitman questioned the required spaces in the lot being leased out to a third party, how frequently does this happen. Mr. Youkilis replied that there is no definite City policy written in the code. Mr. Whitman questioned if the Board could require a greater number of spaces to be leased. Mr. Youkilis responded that the Board could increase the number of spaces in the restaurant's lot to be labeled as reserved for the restaurant. However, the applicant must still produce at least eleven spaces in an off-site location. Chairman opened the public hearing. Speakers: NAME ADDRESS SUPPORVOPPOSE Edgar Kamel 9818 SW 146 Place Support Mr. Kamel commented that he is a lobbiest representing the owner. He commented that the owner is willing to put the sixteen spaces with the sign label that the spaces are for the restaurant within the back parking lot. He commented that the measurements for the parking are being done from walls to outside walls which include bathroom, stairs, hallways elevator spaces and these are common areas. Mr. Kamel commented that parking is not full all day long and also supplied the break down of number of spaces per office. He commented that the applicant reduced the amount of spaces being leased from Friday to Monday. He commented that the lease states that "The building tenants have priority over any of the leasing company parking spots." He is only renting 34 and he is keeping 20 for the restaurant and the rest for the tenants. NAME ADDRESS SUPPORVOPPOSE Sharon McCain 7502 SW 58 Avenue Oppose Ms. McCain questioned if Staff had been out to the site to count the parking spaces and questioned how many handicap spaces are available. She asked that when calculating the parking spaces does that include handicap spaces. Mr. Youkilis responded yes. Ms. McCain questioned the number of meters on SW 59th Avenue. Mr. Cruz responded that the eleven spaces on- street are shown on the plans. She commented according to the site plan there are only 52 spaces in the lot. Planning Board Meeting May 26, 2009 Page 5 of 5 Mr. Cruz stated that two spaces (No's13, 36) in the southwest corner of the lot can not be counted because they back out into each other. It was agreed that these two spaces needed to be adjusted or the applicant must lease two additional spaces at another location. Mrs. McCain requested that the number of spaces be recounted. Chairman closed the public hearing. Mr. Comendeiro stated that staff did not count the spaces correctly and he was upset that this did not come up before. Mr. Vageline stated that staff did count the spaces and also relied upon the sealed Engineer's drawing. However, he admitted that it may be correct that these two spaces can not be counted. Mr. Cruz stated that staff should not be faulted for relying on a sealed set of drawings. The applicant's representative, Mr. Kamel suggested that it could be true that the two spaces do not work and he will ask the surveyor to re -check the plans. He stated that if necessary they will lease the two additional spaces at the off -site location. Motion: Ms. Yates moved and Mr. Cruz seconded that the application for special use be recommended for approval with the following conditions: 1) The applicant must submit an executed long -term lease acceptable to the City attorney for 11 off -site required parking spaces; 2) The applicant shall designate sixteen (16) parking spaces in the rear parking lot for the restaurant and shall indicate that the spaces are reserved for restaurant patrons. 3) The applicant is to submit a revised site plan showing the correct number of on -site spaces and if 54 spaces are not indicated the applicant should lease two additional off- site spaces; the spaces which are not usable should be shown as a bike rack area, a motorcycle parking area or a tree. 4) If the proposed general restaurant is, in the future determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Vote: 5 Ayes 1 Nay (Mr. Comendeiro) XAComm Items\2009 \t I- 17 -091PB minutes 05.26.09 Excerpt.doc To: Honorable Chair & Punning Board Members From: Thomas J. Vageline Director of Planning Date: April 28, 2009 Re: Special Use Approval Restaurant 5900 SW 73 Street. PB -09 -007 Applicant: Tabu Group LLC. Location: '5900 SW 73rd Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT AT 5900 SW 73r° STREET WITHIN THE "SR (IM -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE. APPLICANT'S REQUEST: Pursuant to Section 20- 3.4(13)(4)(b) of the Land Development Code (LDC) the applicant, Tabu Group, LLC. is requesting a Special Use Approval to I operate a new general restaurant at the above referenced location. The location of the restaurant is on the ground floor of an existing mixed use office /retail building. The restaurant will actually face SW 59d' Ave. The proposed restaurant is located in the "SR(HD)," Specialty Retail Hometown Overlay 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 (1) The restaurant will occupy 1,600 sq.ft.; the required parking spaces for the restaurant will be 16 spaces (1 space per 100 sq. ft.). The applicant was required to provide a parking analysis for the entire complex which includes a three story building and a new one story addition constructed in 2007. The required parking for current uses in the building complex is 65 spaces. The applicant's plans indicate that there are 65 required spaces provided, 54 spaces in an on -site parking lot at the rear of the building and II spaces on- street abutting the property on SW 73d Street and SW 590' Avenue. (permitted by LDC Section 20- 4.4(A)(1). (2) The substitution of the proposed restaurant for a current retail use will require the applicant to provide I l additional spaces (16 spaces -5 spaces credited to the current retail store use). In the Hometown District a change of use in an existing building requiring additional parking spaces must provide for these spaces by: (1) obtaining a special exception (variance) from the City Commission; or (2) contribute an annual fee to Hometown District Improvement Trust Fund; or (3) execute a long term lease to use surplus off -street parking spaces at another location (LDC Section 20- 4.4(F)(2): The 5900 SW 73 St. Special use approval April 28, 2009 applicant has selected to lease the required spaces from Mark Richman Properties (SM Parking Garage). A letter confirming this arrangement from the Richman firm is attached, 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. In addition, special uses may also be required to comply with supplemental requirements, which are set forth in Section 20- 3.4(B)(4)(b). In the case of a general restaurant, the following requirements are listed: (i) All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street - side services of any kind. A separate application for outdoor seating would be required. (ii) No services of a drive -in or of a fast food nature shall be permitted. (iii) The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this special use permit. RECOMMENDATION The requested special use approval for a restaurant at this location complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20- 5.8. Approval of the application with the following conditions is recommended: (1) The applicant must submit an executed long -term lease acceptable to the City Attorney for I I off -site required parking spaces; (2) If the proposed general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Attachments: Application Location Map Letter of Intent Restaurant Site/Floor Plans Communication from M. Richman Copies of Public notices TN /SAY X:tPB\PB Agendas Staff Reports\2009 Agendas StaffReportM- 28- 09TB -09 -007 Special use Rest, 5900 SW 73 Str.doc CITY OF SOUTH MIAMI PLANNING :BOARD Regular Meeting Action Summary Minutes Tuesday, April 28, 2009 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action., The meeting was called to order at 7:47 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Cruz, Ms. Yates, Mr. Comendeiro, Mr. Parfan, and Mr. Whitman, Absent: None City staff present: Mr. Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Lourdes Cabrera - Hernandez (Principal Planner), Ms. Maria Stout -Tate (Administrative Assistant 11) and Alerik Barrios (Assistant). III. Planning Board Applications/Public Hearings PB -09 -007 Applicant: Tabu Group LLC. Location: 5900 SW 73`d Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(131)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT AT 5900 SW 73r8 STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record. Mr. Youkilis stated that pursuant toSeetion 20- 3.4(13)(4)(b) of the Land Development Code (LDC) the applicant, Tabu Group, LLC. is requesting a Special Use Approval to operate a Planning Board Meeting April 28, 2009 Excerpt 2 new general restaurant at the above referenced location. The location of the restaurant is on the ground floor of an existing mixed use officelretail building. The restaurant will actually face SW 59th Ave. The proposed restaurant is located in the "SR(HD)," Specialty Retail Hometown Overlay 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 recommendation from the Planning Board. The applicant did provide a detailed parking analysis. There is a large parking lot in the back of the building which has 54 spaces, and all the uses in the building add up to a requirement of 65 spaces. There are eleven (11) on- street - metered spaces which can be counted as required parking, and a 5 space credit. In this location, the previous vendor was a retail store but a restaurant of this size requires one (1) space per every hundred. (100) square feet; so there are sixteen (16) spaces required. The applicant does not have adequate spaces on site. A total of eleven (11) spaces must be provided by the applicant. To meet this requirement, the applicant can do the following: a) pay into the Hometown Parking Fund; or b) ask for a special exception (which is a waiver); or c) obtain a long term lease in an adjacent area, parking garage or lot that has surplus parking. The applicant has provided information that they will be leasing the eleven (11) spaces from Mark Richmond properties which is the South Miami Parking Garage. A letter confirming that information was attached. Staff recommend approval of the application with the following conditions: 1) The applicant must submit a long term lease that is acceptable to the City Attorney with 11 off- -site parking spaces. 2) Standard provision if there is any future problem to the neighborhood the special use can be reconsidered by the City Commission and revoked. Chairman opened the public hearing. Speakers: NAME ADDRESS SUPPORT/OPPOSE Mr. Edward Kamel No address given Supports Mr. Kamel representing the applicant, stated that they would have to find a place for the garbage. The seating space would be a maximum of 30 -40 people. The owner would like to have this space changed from retail to restaurant. Mr. Kamel spoke about how positive a restaurant would be for this area. Mr. Cruz asked the applicant if there would be outdoor seating. Mr. Kamel showed the Board a diagram of where the seating would be outdoors. Mr. Kamel stated that at this time the restaurant owner would come back at a different time to ask for outdoor seating. Planning Board Meeting April 28, 2009 Excerpt Ms. Yates asked about how many parking spaces were in the street. Mr. Kamel stated that there are II parking spaces Ms. Yates asked what type of restaurant this would be. Mr. Kamel stated that the owner would start with breakfast and then build on it to possibly include lunch, but wasn't sure what type of restaurant it would be. Ms. Yates inquired. if there are any other tenants that are night time tenants. Mr. Kamel answered no. Mr. Cruz asked the applicant how much space there is between the street and the building. The reason for the question, was to make sure that there would be handicap assess ability. Mr. Kamel stated that there will be enough space between the parking meters and the building. Mr. Comendeiro interjected and reminded Mr. Cruz that the applicant was not here for outside seating. Mr. Youkilis was asked by Mr. Cruz if outside seating comes in front of the Planning Board. Mr. Youkilis replied that the outside /outdoor seating issue is handled, by the City Manager for approval. But the Planning and Zoning Department staff would check the application first. Mr. Cruz wanted to make sure that the measurement from the front of the building to the side walk had space for handicap use. Mr. Kamel stated that there was 14 feet from the face of the building to the gutter. The picture does not reflect the accurate measurements. Ms. Cabrera - Hernandez interjected and stated that she had a survey which showed a dimension of 8.5 feet from the edge of the outer face of the wall to the property with 6.5 feet sidewalk area. Mr. Whitman inquired about the 11 parking spaces which will be going over to the parking garage. He wanted to know if these will be for employees. Mr. Kamel said that it would possibly be employees if not the customers. Mr. Whitman asked how parking is controlled in the back lot. Mr. Kamal answered that there are signs that say "tenant" parking only. Mr. Whitman wanted to clarify that difference between tenant parking and customer parking. Mr. Kamal stated that there was enough parking in the back of the building and also in front of the building and surrounding areas. Applicant did say that the valet parking would be the best thing to do in the future due to the fact that parking is busy all the time. Mr. Comendeiro wanted to know if the parking lot in back of the building was being leased by Deli -Lane Restaurant. Mr. Kamal said he did not know. Mr. Comenderio inquired with City staff but Mr. Youkilis said he did not know. Mr. Cruz asked the owner of the building if he leased out the parking lot at night to other restaurants. The applicant replied that there was a lease in effect. Mr. Cruz wanted to make sure that the entire 16 spaces would be available for parking for customers at this particular site instead of renting it out to others at night. Mr. Youkilis stated that a condition of having sixteen spaces at night for this applicant can also be required. Mr. Comenderio asked if anyone knew how many spaces other restaurants had and when was Planning Board Meeting April 28, 2009 Excerpt the last time the City looked into it. Mr. Youkilis answered the last time an analysis was done was possibly when they built the new Amster Building; approximately six (6) years ago. 4 Mr. Morton interjected and added to the question, if the sixteen parking spaces are taken away, then who's parking slots would be taken away, and would they then be out of compliance due to the amount of/or lack of parking spaces they would then have? Mr. Youkilis responded that he did not have the records in front of him. Mr. Cruz stated that the owner of the building stated that their lease is month to month and the City only checks yearly. How does this lease get regulated? Mr. Youkilis said that all leases get approved through the City Attorney and are for five years. Ms. Yates said that these parking issues could not be on a month to month lease basis, but instead is on a yearly base. Mr. Cruz inquired if 11 spaces are assigned in the City garage through Mark Richmond, then are there assigned slots, and would there be enough for everyone in the City. Chairman opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Ms. Sharon McCain Not Written Oppose Ms. McCain stated that she was appalled that this applicant came before this Board without the proper paperwork and asking for a variance. She inquired if the gentleman who spoke was a lobbyist and had he paid the fee. The second issue which Ms. McCain stated was that in this City it has never not approved a special use for a restaurant. Ms. McCain stated to the Board that this applicant came before the Board in 2005 and that this applicant had added a store and was having an issue with the parking lot spaces. Ms. McCain wanted to know how the building owner went from having 65 parking spaces to 47 to 54. Who else is using the ones on the street parking spaces? Ms. McCain went on to ask how the employees will know that there are 11 spaces in the parking garage and that they can possibly park for free. Ms. McCain states that there aren't enough parking spaces for this restaurant and there is no landscaping plans attached to this establishment. Ms. McCain concluded that there are not enough parking spaces available and this item should be deferred. Mr. Cruz asked how parking in the garage is agreed upon. Mr. Youkilis stated that it is an agreement between the garage and the applicant. Ms. Yates stated that she felt that how the garage is run was not the Board's business. The issue is the spaces for this restaurant. Mr— Whitman interjected and said that it comes down to parking requirements. This whole issue goes against the "spirit" of why we have a parking ordinance and that it is our business. Speakers: NAME ADDRESS SUPPORT /OPPOSE John Edward Smith Not Written Supports Planning Board Meeting April 28, 2009 Excerpt Mr. Smith stated that his concern is the location of the restaurant and whether or not the street will be widened. The reason for the concern would be that if the City widens its street then how much space would there be left for outdoor seating.. There should be clarification as to the 11 parking spaces because if the Board is asking for 11 spaces in the back of the building, then I 1 more spaces at the garage would be double the counting of spaces. NAME ADDRESS SUPPORT /OPPOSE Brad Casell Not Written Oppose Mr. Casell stated that he was confused. He stated that the Board had said that there were 65 spaces but that at night, these spaces are leased out to someone else. Where are all these spaces coming from? City should look to see where all these leases are coming from. He questioned where sixteen spaces are. The information that the applicant provided is not complete and this item should be deferred. Chairman closed the public hearing. Ms. Young asked Why was it that the applicant was asked to provide the parking analysis rather than the staff providing the parking analysis. Mr. Youkilis answered by saying that we prefer to have the applicant provide this information because it requires the applicant to report on every space inside the building. Mr. Youkilis went on to say that the I1 spaces in the garage can be counted as required parking. Mr. Morton asked if the City staff would be able to determine the total parking for this property. And as part of the approval process, staff should determine if leases exist, and if this parking lot has available space for this restaurant. Mr. Youkilis stated that staff can check on the use of the on- street spaces, and the lease and report back to the Board at the next meeting. Motion: Mr. Comendeiro moved to have this item deferred until City staff can provide the information as requested from the Board. Seconded by Mr. Cruz. Vote: 6 Ayes 1 Nay (Mr. Morton) 1 : _rarvit ON ^:c: To .r.,: OF S,I OF OF AN ORDNANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOFSOUTH MIAMI. FLORIDA.AMENDING LAND. DEVELOPMENT CODE SECTION 20.2,3 ENTITLED 'DEFINITIONS' EY ADDING A NEW DEFINITION OF 'LAND USE REGULATIONS': AND ADDING A NEW DEFINITION OF -DEVELOPMENT REGULATIONS' BY MODIFYING THE U15TING DEFINITION OF 'REGULATIONS -; PROVIDING FOR SEVERAWLITY; PROVIDING FOR ORDINANCES IN CONFLICT: AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 10A ENTITLED CONTAINS THE A OF, TION; PROVIDING FOH HI1401QG DING FOR STRUCTURES ON REGULATORY FLOODN PROVIDING, FOR SEVERASILD•Y; PROVIDING I ORDINANCES IN CONFLICT: AND PROVIDING FOR EFFECTIVE DATE. , , , For rodher Infolla.we. Plaase wnlad the OIL, Clerk's otr z at: 308,66 40. Mane M.Menendez,CMC " nvcbah ,st K at le sse d aIdes is 286,0105, the Clly hereby a by t the ended. Ala I(a person dec3dee is appeal s I dadston made by Ihb Board, ft meariin or Commistsj er $b, I s,, In any s I of es wsn, arad. at and meebie, ed, pyals , he or ed vne needy n:s sd of the proceedings, and Nat rd 6f Lht pyrpogangsis ad Parsonmayneadutenwtb(awlsnany ad recordeetheprpced, in? bisa 1. t. be bs,,d- ndWe ?NetestNnonY and fi:eence UpoPwhiW the appealia lobe baaad. - fib6: � 093- 219113G3986M °z gaF mo o F- _ F s� o 't-' a � 3 Cs oa N� HIE iE 99°F -°zFa °r�z s3 "PF gaae °o inw Fo ow oa °��� wcww �o 99 _� qt1 d €x ¢ aFdGI- o � ug�goo°¢. z8:.. ago d��°., o.r -o�wom o¢P�"¢d Sii{pig�oS @�aoo°so8o�¢0 �°wJW �`S3 00 �a'o€ w� " °b$b ,a K KF2 °2uzZ S¢mg ¢ ii++ 0X00 q�KW(°iw f,.i`Zry¢N L7�W b�N64S uy'ja0Y 66V �F 2h 'N o u�q ifl 7 u+ °vZ'� W Y' YW H6� Z.SXZ rt�60 33 '.z. x °5 w 2 g2"bgo a:zm bao ¢mod; °IC¢� ws000mio°wa�° w^�^ <z v _`� °W,6r °¢. zd° 5'- oalz ��56`3i.5° e °m L— o r o�S aoyl ¢ amaw FZ 2aY KG �a3:zY o.00w¢fzy oaw 8: -apzm' Sen /+_j^a� 0 08 48m E tF'R 8 °� 3agn z $ "' r / s x z'2z s °z �� z �O ° d �`'� i' �o °Gh. 6 b�. $ 8.°u °n YI oo oa g >m Fy F _ W °C. o NMI ow =� �g z §m aMdy� �w °¢ >�G <o �� � �d g LL z b a g a U) UA N g �t LL a` �S w+¢wwm m� gV1'1 F, `% =M op`�"i YSao rz- °w',a„°wW-oa °oaf' 1?�WO 6°. °¢.zz� °,°°:woi°yc u°i °o °aa$ `% .} vim` ii E'me °zs $ o vo o >S� F °soE mazz ¢ ° za~ 5 3o �w efl? c4 E L `Yi FQ¢'�)ui gfi °¢z bu°1 S u e Z u¢l¢G Yii NO d6 a Sec V � 4 C :2 2 r 3Yoowo¢s8 �y ° r V "✓ F6o m aa4 s¢° z3'zo 7n ¢off¢°" -z a'z° ou'or -w`'' �. ,- ��c o 8 o e5 z��p�'a °° �°�� V E °sF z8E1wi3 =qo "'o>.w.1 "EK wzO SOo°bs?oaW3'3ozo a� �'r. ¢ so MR �05 sg`i� K o2oz So s°oo �yq`2� �° F F � s „.�•s"£ w�66�sz w� aoa F33.o G¢:a'E<w.azpl3 E atfu y"a°o °asks Ga� L9oi3° Y' °Utz _ 8 �¢� SC Hy Qm�°W Sf] 08 )-1 tl El t°8�2 UaF2 ,Ii °uVSwOm ✓ 40 °pr' F E y e�O.o _+ �s° o¢.``sao°¢._ o3a''tos- oQC' o R°-�m ¢w5 °`F3pa °a W ¢ $y� 2Q YY i ZZ.. V1 (u s[° O¢ E� LL$6 4002 CIYm �i' 2Vr (i cpO. C. 4t ¢o.� «6°J�vlL gaw?J �W� ¢ SSM1 "�J ,eauopwoon lou XUw n04'pe,empul oB pub slap 0yl uo plw*H Imu1W"I ul pea d0 pu 0y10mp 0ou,jl arsr uo> sc ppjeA q(a)1004S3 s14L :uo0du0sa0 MF9 :adRl�olo0 ''. ope024501�ige0 SIM :auorta&Rd /uoq*Os 010M :any IWVIW mInoS 410 Aila :InivanpV . Z09UGM :iagwnN u011jasul '..,, :eweN luallo Z09016M o k i •Q� R ti} o _ 1 as � : �.y ® N CL o Y H O _ ✓ J d N o co ag o m w 3 v 0 03 w 0o a+ p0� m .� .�Ai► tai - V � (7 � � m p � a y/ T t N O fl. O x c4 M H 26i U � p ��jj-- H 3 O m' 3 0 E� +- Foeo II i9¢ `0 °z gaF mo o F- _ F s� o 't-' a � 3 Cs oa N� HIE iE 99°F -°zFa °r�z s3 "PF gaae °o inw Fo ow oa °��� wcww �o 99 _� qt1 d €x ¢ aFdGI- o � ug�goo°¢. z8:.. ago d��°., o.r -o�wom o¢P�"¢d Sii{pig�oS @�aoo°so8o�¢0 �°wJW �`S3 00 �a'o€ w� " °b$b ,a K KF2 °2uzZ S¢mg ¢ ii++ 0X00 q�KW(°iw f,.i`Zry¢N L7�W b�N64S uy'ja0Y 66V �F 2h 'N o u�q ifl 7 u+ °vZ'� W Y' YW H6� Z.SXZ rt�60 33 '.z. x °5 w 2 g2"bgo a:zm bao ¢mod; °IC¢� ws000mio°wa�° w^�^ <z v _`� °W,6r °¢. zd° 5'- oalz ��56`3i.5° e °m L— o r o�S aoyl ¢ amaw FZ 2aY KG �a3:zY o.00w¢fzy oaw 8: -apzm' Sen /+_j^a� 0 08 48m E tF'R 8 °� 3agn z $ "' r / s x z'2z s °z �� z �O ° d �`'� i' �o °Gh. 6 b�. $ 8.°u °n YI oo oa g >m Fy F _ W °C. o NMI ow =� �g z §m aMdy� �w °¢ >�G <o �� � �d g LL z b a g a U) UA N g �t LL a` �S w+¢wwm m� gV1'1 F, `% =M op`�"i YSao rz- °w',a„°wW-oa °oaf' 1?�WO 6°. °¢.zz� °,°°:woi°yc u°i °o °aa$ `% .} vim` ii E'me °zs $ o vo o >S� F °soE mazz ¢ ° za~ 5 3o �w efl? c4 E L `Yi FQ¢'�)ui gfi °¢z bu°1 S u e Z u¢l¢G Yii NO d6 a Sec V � 4 C :2 2 r 3Yoowo¢s8 �y ° r V "✓ F6o m aa4 s¢° z3'zo 7n ¢off¢°" -z a'z° ou'or -w`'' �. ,- ��c o 8 o e5 z��p�'a °° �°�� V E °sF z8E1wi3 =qo "'o>.w.1 "EK wzO SOo°bs?oaW3'3ozo a� �'r. ¢ so MR �05 sg`i� K o2oz So s°oo �yq`2� �° F F � s „.�•s"£ w�66�sz w� aoa F33.o G¢:a'E<w.azpl3 E atfu y"a°o °asks Ga� L9oi3° Y' °Utz _ 8 �¢� SC Hy Qm�°W Sf] 08 )-1 tl El t°8�2 UaF2 ,Ii °uVSwOm ✓ 40 °pr' F E y e�O.o _+ �s° o¢.``sao°¢._ o3a''tos- oQC' o R°-�m ¢w5 °`F3pa °a W ¢ $y� 2Q YY i ZZ.. V1 (u s[° O¢ E� LL$6 4002 CIYm �i' 2Vr (i cpO. C. 4t ¢o.� «6°J�vlL gaw?J �W� ¢ SSM1 "�J ,eauopwoon lou XUw n04'pe,empul oB pub slap 0yl uo plw*H Imu1W"I ul pea d0 pu 0y10mp 0ou,jl arsr uo> sc ppjeA q(a)1004S3 s14L 600Z /90M ;oleo uol;eollqud Qig�a�lUtBijg�au i7 :uo0du0sa0 MF9 :adRl�olo0 ''. ope024501�ige0 SIM :auorta&Rd /uoq*Os 010M :any IWVIW mInoS 410 Aila :InivanpV . Z09UGM :iagwnN u011jasul '..,, :eweN luallo Z09016M uagwnN PV 600Z /90M ;oleo uol;eollqud Qig�a�lUtBijg�au i7