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Res. No. 072-09-12881RESOLUTION NO. 72-09-12881 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE "PUD -H" PLANNED UNIT DEVELOPMENT- HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPITAL); AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Section 20- 3.4(13)(4)(b) of the Land Development Code (LDC), the Applicant, South Miami Hospital, Inc. has submitted Planning Board Application No. PB -09 -005 requesting a Special Use Approval to operate a new general restaurant to be located on the ground floor of the new Medical Arts Building Parking Garage at 6200 Sunset Drive, located in the "PUD -H", Planned Unit Development - Hospital District; and WHEREAS, the 2002 revision of the Site Plan for the South Miami Hospital "PUD -H", Planned Unit Development - Hospital District indicated that the ground floor of the new garage facing SW 73 Street was reserved for retail use; and WHEREAS, a general restaurant is a retail use which is permitted as a special use in commercial zones and in PUT) zones 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(13)(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 March 10, 2009 meeting the Planning Board, after public hearing, voted 5 ayes 0 nays to recommend approval with a condition 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: The Special Use Application (PB -09 -005) submitted by South Miami Hospital, Inc. requesting approval to operate a new general restaurant located at 6200 Sunset Drive, located in the "PUD -H ", Planned Unit Development- Hospital District, is hereby approved subject to the following condition: (1) If the subject general restaurant in the future is 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 Section 2: This resolution shall be effective immediately after the adoption hereof. Res. No. 72 -09 -12881 PASSED AND ADOPTED this7thday of April 2009 ATTEST: ITY CLERK R Commission e: 5 -0 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Commissioner Newman: Yea CL ATTORNEY X: \Comm Items\2009 \4- 7- 09TB -09 -005 6200 Sunset Rest Resolution.doc South Miami AO•AmericaCOy CITY OF SOUTH MIAMI 1 OFFICE OF THE CITY MANAGER ° INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager From: Thomas J. Vageline, Planning Director Date: April 7, 2009 ITEM Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE "PUD -H" PLANNED UNIT DEVELOPMENT - HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPITAL); AND PROVIDING AN EFFECTIVE DATE Request: Pursuant to Section 20- 3.4(13)(4)(b) of the Land Development Code (LDC) the applicant, South Miami Hospital Inc. 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 a new parking garage which is connected to the new Medical Arts Building at 6200 Sunset Drive, the legal address of the complex. The restaurant will face SW 73`d Street. 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 proposed restaurant is located in the "PUD -H ", Planned Unit Development- Hospital District which was created in June 1985. There have been several revisions to the PUD district, the last one being done in 2002 at which time the medical arts building and its garage were approved. The 2002 Site Plan (see attached) indicated that the ground floor of the garage facing SW 73 Street was reserved for retail use. A general restaurant is a retail use which is permitted as a special use in most commercial zones and in PUD zones. (2) The applicant is proposing to open an "Au Bon Pain" restaurant which is a national casual bakery and cafe chain. A communication from the Hospital's representative dated February 3, 2009 ( attached) explains that the restaurant will provide an alternative dining opportunity for the South Miami Hospital campus. It is stated that the primary users of the restaurant will be patients, staff, and visitors. . (3) The restaurant will occupy 2,002 sq.ft.; the required parking spaces for the restaurant will be 21 spaces (1 :100). The applicant's representative explains that a parking study at the time of the PUD revision in 2002 determined that the entire Hospital campus including the hospital and medical offices required a total of 1,692 off street spaces. The total off street parking spaces currently provided is 1,981. The resulting surplus of 289 spaces will provide for the 21 required off street parking spaces for the new restaurant. 2 Planning Board Action: The Planning Board at its March 10, 2009 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of the special use request with a condition. Recommendation: The requested special use approval for a restaurant at 6200 Sunset Drive 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 condition is recommended: (1) If the proposed restaurant in the future is 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. Backup Documentation: Draft Resolution Application Location Map Letter oflntent Planning Department staff report (3- 10 -09) Planning Board Minutes Excerpt (3- 10 -09) PUD 2002 Site plan Rest. Site/Floor Plans Public Notices TJV /SAY XAComm items\2009 \4- 7- 09 \PBO -09 -005 Special use Rest 6200 Sunset CM Report.doc A� City of South Miami © Planning &Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board & City Commission Address of Sub)'ect Property: Lot(s) Block — Subdivision WM Hobbs 6200 Sunset Drive (SW 72 Street) PB x.-111 Meets & Bounds: Applicant: S. Miami Hosp:..Dev. Fund, Inc. Phone: South Miami Hos . Representative: Organization: Ines Marrero - Priegues, Esq.. Holland & Knight, LLP Address: Phone: 701 6rickell Ave., Suite 3000, Miami, FL 33131 305 -7 9 -7776 Property Owner: Signature: K-' N S: Miami Hospital Dev. Fund, Inc. Ines 4arrer Pri gues, Esq. - Mailin Address: Phone: Attorney for Owner /305- 789 -7776 7480 SW 62 Avenue, Miami, FL 33143 Architect/Engineer.. Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _ Owner X Owner's Representative _Contract to purchase _Option to purchase _Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: _ PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC _Variance X Letter of intent Map Amendment X Special Use _, Justifications for change —Zoning PUD Approval _Special Exception _ Statement of hardship _ PUD Major Change _Other (Waiver of Plat) X 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 Special Use Approval for restaurant per signed /1 reduced copy@ 11 "x17") X 15 copies of Site Plan and Floor Plans ¢ 20 -3.3 and � 20- 3.4(4)b, of LDR's. I reduced copy @ll "x17' 20% Property owner signatures or Affidavit attesting to mad notice sent Section: Subsection:_ Page #:_ Amended Date: X Mailing labels.(3 sets) and map X Required Fee(s) The undersigned has read this mppleted application . and represents that the information and all submitted materials are true and correct the best of the at is Imowledge and belief. l 02.3 A icant'sSi Lure title A17'oeA)E4 ? A�1'lrcan7 Date Upon receipt, a plications and all submitted materials will be reviewed for compliance with the Land Development Code and other Ai,T ,,.mP remi atinns_ Annlications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 11/19/07 Is , W, , 1' / 6900 69 9 6941 I� �t 701 c 1000 '. ]231 7410 3 ]420 S ]021 R61 010 M3 ]041 ]030 3 ]041 _ 1500 ]330 ]k0 g 6331 7040 c ]111 7110 m 115 ]114 6301 1531 5333 City of South Miami PB -09 -005 Special Use Restaurant 6200 Sunset Drive 0 300 600 900 1200 , Feet 0 6303 r— ��6635 SW 69TH ST 1 I' 91] 912 SI- 6196 E b ' 1 6240 6130 _ _ -9 0 ' r 6929 � ��N e 6001 6 31 N 6201 I 6128 6101 6941 4°00 I,' 6941 ..� r W0 1701 6996 ]W3 98 1031 7015 1000 704O Sys 7101 7109 nos ]651 SW 71ST ST 00 645 0 7107 7171 ti G141 960 ]111 G 6161 ' W]5 ]121 fi233 5995 6201 6193 6101 y - SUBJECT SW 72ND ST SUNSET OR PROPERTY 61100 I n 60 6310 I 6310 ]213 ]231 7410 7421 ]420 1240 w 6 0 7240 m R61 ]301 M3 y 320 ]321 1333 _ 1500 ]330 ]k0 g 6331 1401 1411 1421 7U1 ]Wo ]511 1521 Fri zl 6262 N 7400 7211 7?20 6130 SW61$T TCjt'` ]340 6 _ J• Z 6250 '� /• ' �' 1401 W22 J'tF�F'�S� x °p40_•- SW 74TH ST ]435 7410 6i44 - 7W0 •1, 1 ' 7440 ]WO - . � f • 6100 -r 1515 F - _ __+ •. 1520 S J5 Jam• N ]541 � � 6001 W91 ]515 6101 N 1 N � 6202 SW 76TH ST _0 F W20 6000 ' ]601 o GIS Data by Miami -Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 2/25/2009. ]401 ]:AO ]411 7410 7421 ]420 F 7931 7430 V K ]W1 _ 1500 7511 7510 m 1521 1520 1531 ]530 >Wt �PaE3 1401 1411 1421 7U1 ]Wo ]511 1521 Fri zl 6262 N 7400 7211 7?20 6130 SW61$T TCjt'` ]340 6 _ J• Z 6250 '� /• ' �' 1401 W22 J'tF�F'�S� x °p40_•- SW 74TH ST ]435 7410 6i44 - 7W0 •1, 1 ' 7440 ]WO - . � f • 6100 -r 1515 F - _ __+ •. 1520 S J5 Jam• N ]541 � � 6001 W91 ]515 6101 N 1 N � 6202 SW 76TH ST _0 F W20 6000 ' ]601 o GIS Data by Miami -Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 2/25/2009. To: Honorable Chair & Planning Board Members From: Sanford A. Youkilis, AICP Acting Director of Planning Date: March 10, 2009 Re: Special Use Approval Restaurant South Miami Hospital 6200 Sunset Dr. PB -09 -005 Applicant: South Miami Hospital, Inc. Location: 6200 Sunset Drive 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 LOCATED AT 6200 SUNSET DRIVE WITHIN THE "PUD -H" PLANNED UNIT DEVELOPMENT - HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPITAL); 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, South Miami Hospital .Inc. 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 a new parking garage which is connected to the new Medical Arts Building at 6200 Sunset Drive, the legal address of the complex. The restaurant will actually face SW 73`d Street and is using 6200 SW 73`d Street as a secondary address. 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 proposed restaurant is located in the "PUD -H ", Planned Unit Development- Hospital District which was created in June 1985. There have been several revisions to the PUD district, the last one being done in 2002 at which time the medical arts building and its garage were approved. The 2002 Site Plan (see attached) indicated that the ground floor of the garage facing SW 73 Street was reserved for retail use. A general restaurant is a retail use which is permitted as a special use in most commercial zones and in PUD zones. (2) The applicant is proposing to open an "An Bon Pain" restaurant which is a national casual bakery and cafe chain. A communication from the Hospital's representative dated February 3, 2009 ( attached) explains that the restaurant will provide an alternative dining opportunity for the South Miami Hospital campus. It is stated that the primary users of the restaurant will be patients, staff, and visitors.. (3) The restaurant will occupy 2,002 sq.ft.; the required parking spaces for the restaurant will be 21 spaces (I :100). The applicant's representative explains that a parking study at the time of the PUD 6200 SW 72 St Special use approval March 17, 2009 2 revision in 2002 determined that the entire Hospital campus including the hospital and medical offices required a total of 1692 off street spaces. The total off street parking spaces currently provided is 1981. The resulting surplus of 289 spaces will provide for the 21 required off street parking spaces for the new restaurant. 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 condition is recommended: (1) If the proposed general restaurants are, 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 PUD 2002 Site plan Rest. Site/Floor Plans Copies of Public notices SAY X:\PB\PB Agendas Staff ReporO2009 Agendas Staff Reports\3- 10- 09 \PB -09 -005 Special use Rest, 6200 Sunset.doc February 3, 2009 Mr. Sanford A. Youkilis, AICP Acting Planning Director City of South Miami Planning and Zoning Department Sylva Martin Building 6130 Sunset Drive South Miami, Florida 33143 Tet 305 374 8500 Fax 305 789 7799 Holland & Knight LLP 701 Brickett Avenue, Suite 3000 Miami, FL 33731 -2847 www.hktaw.com Ines Marrero - Priegues 305 789 7776 ines.marrero@hkiaw.com Re: Application by South Miami Hospital, Inc. and South Miami Hospital Development Fund, Inc. for a Special Use Approval to permit an An Bon Pain Restaurant at the ground floor of the South Miami Hospital Garage located at 6200 S.W. 72nd Street ('Sunset Drive "), City of South Miami per Sections 20 -3.3 and 20- 3.4(4)b of the Land Development Regulations (LDRs" ). Dear Mr. Youkilis: This letter of intent accompanies the application by South Miami Hospital, Inc. and South Miami Hospital Development Fund, Inc. (collectively referred to as "Applicant') for a Special Use approval to permit an An Bon Pain Restaurant at the ground floor of the South Miami Hospital garage located at 6200 S.W. 72rd Street. South Miami Hospital, Inc. is the owner of South Miami Hospital, and South Miami Hospital Development Fund, Inc. is the entity that owns the subject application property. This application respectfully requests a special use approval for a 2,002 square foot restaurant to serve the staff, patients and visitors to South Miami Hospital. As you may remember, on December 2002, the City Commission approved a major change to the South Miami Hospital Planned Use Development — Hospital (PUD -H) to permit, among other things, the Medical Arts Building on the corner of SW 72 Street and SW 62 Avenue and a 594 space parking garage connected to the Medical Arts Building at 6200 S.W. 72rd Street. City of South Miami Resolution No. 188 -02- 11537. The plans approved for the garage depicted and proposed ground floor retail areas. This application seeks approval to permit a portion of this area for use as an An Bon Pain restaurant consisting of 2,002 square feet. Annapolis • Atlanta - Bethesda • Boston • Bradenton • Chicago • Fort Lauderdale • Jacksonville • Lakeland • Los Angeles Miami • New York • Northern Virginia • Orlando - Portland - Providence • Rancho Santa Fe • Sacramento • St. Petersburg San Antonio • San Francisco • Seattle • Tallahassee • Tampa • Washington, D.C. • West Palm Beach Sanford A. Youkilis, AICP Acting Planning Director February 3, 2009 Page 2 According to the 2002 South Miami Hospital Parking study provided in connection with the major change to the PUD, the South Miami Hospital campus, which includes the hospital and medical office building provides 1,981 offstreet parking spaces and requires 1,692 spaces. The hospital campus provides 289 parking spaces more than required by the LDRs. Under the 2002 approvals, the area where the An Bon Pain is planned was proposed for retail use. Pursuant to the offstreet parking requirements of the LDR's, Sections 20 -3.31) and 20- 4.4(B)(7), the proposed change in use of the 2,003 square foot area from retail to restaurant results in an increase in required parking of 14 spaces (7 spaces for retail at 1:300; 21 spaces for restaurant at 1:100). The additional 14 parking spaces are comfortably included within the existing 289 parking surplus. As a practical matter, however, the proposed 2,002 square foot restaurant will probably have minimal impact on parking requirements in the hospital campus. Most of the An Bon Pain patrons will be hospitals staff, patients or visitors to the hospital, who will be already parked and whose parking requirements will have already been accounted for in the parking requirements for the hospital campus. An Bon Pain, a national casual bakery and cafe chain, will provide an alternate dining and cafe opportunity for the patients, staff and visitors at the hospital. While the caf6 will be located within the hospital campus, its location at the ground floor level of the garage will provide patients, staff and visitors with a break from the hospital atmosphere. A similar Au Bon Pain restaurant currently exists within Baptist Hospital on Kendall Drive where it has become a popular alternative to the hospital's cafeteria. In full compliance with the criteria for special use approvals for restaurants, as set forth in section 20- 3.4(4)b of the Land Development Regulations, the proposed restaurant will not include drive- through service and all the seating will be located within the interior areas of the restaurant. 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, Ines Marreerd'Priegues Cc: Mr. Jason Virelli Ms, Kathleen S. Moorman Joseph G. Goldstein, Esq. # 6050491_v2 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, March 10, 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 7:36 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. Farfan, Mr. Cruz and Mr. Comendeiro. Absent: Ms. Yates and Ms. Chael City staff present: Sanford A. Youkilis (Acting Planning Director), Lourdes Cabrera - Hernandez (Principal Planner) and Alerik Barrios (Administrative Assistant). III. Administrative Matters: Mr. Youkilis informed the Board that the next meeting will be held on March 31, 2009. He then introduced Ms. Maria Stout -Tate a new member of the Planning Department. Mr. Youkilis commented.that the Chair and Vice Chairman would have to be elected. Mr. Comendeiro moved and Ms. Young seconded to re -elect Mr. Morton as Chair Vote: 5 Ayes 0 Nays. Mr. Comendeiro moved and Mr. Cruz seconded that Ms. Yates be re- elected as Vice Chair Vote: 4 Ayes 1 Abstained (Ms. Young). IV. Planning Board Applications/Public Hearing PB -09 -005 Applicant: South Miami Hospital, Inc. Location: 6200 Sunset Drive 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)(6) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE "PUD -H" PLANNED UNIT DEVELOPMENT - HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPITAL); AND PROVIDING AN EFFECTIVE DATE Planning Board Meeting March 10, 2009 Page 2 of 4 Action: Ms. Young read the item into the record. Mr. Comendeiro disclosed to the Board that he is an associate at South Miami Hospital. An associate is a group of business owners that meet once a month within the hospital's facilities. The directors inform them of what is occurring in the hospital. They in turn inform the community. He has no financial interest. Mr. Cruz disclosed to the Board that years before he became an attorney he worked as an engineer for MGE Architects. Mr. Youkilis advised the Board that the applicant is requesting a Special Use Approval to operate a new general "An Bon Pain" restaurant which is a national casual bakery and cafd chain. The restaurant will be located on the ground floor of a new parking garage, which is connected to the new Medical Arts Building at 6200 Sunset Drive. This restaurant will provide an alternative dining opportunity for the South Miami Hospital campus. It is stated that the primary users of the restaurant will be patients, staff, and visitors. The Land Development Code provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The proposed restaurant is located in the "PUD -H ", Planned Unit Development - Hospital District which was created in June 1985. There have been several revisions. The last one was done in 2002 at which time the medical arts building and its garage were approved. The 2002 Site Plan indicated that the ground floor of the garage facing SW 73 Street was reserved for retail use. The restaurant will occupy 2,002 sq.ft and the required parking spaces for the restaurant will be 21 spaces (1:100). A parking study at the time of the PUD revision in 2002 determined that the entire Hospital campus including the hospital and medical offices required a total of 1692 off street spaces. The total off street parking spaces currently provided is 1981. The resulting surplus of 289 spaces will provide for the 21 required off street parking spaces for the new restaurant. Staff recommended approval noting that the special use 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 condition was recommended: (1) If the proposed general restaurants are, 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. Mr. Cruz questioned what was occupying the current space. Mr. Youkilis replied that it was a vacant space intended for retail stores. Speakers: NAME ADDRESS SUPPORT /OPPOSE Ines Marrero, Esq. 701 Brickell Avenue Support Planning Board Meeting March 10, 2009 Page 3 of 4 Ms. Marrero representing the Hospital commented that when the medical office and the parking garage were approved in 2002 they contemplated the ground level retail. "An Bon Pain" restaurant is a casual eatery which does not have alcoholic beverages. It is basically sandwiches, soups, salads, and minimal preparation on site. It is an alternative to the hospital cafeteria. If allows employees or visitors to walk out get a bite to eat and not be in the hospital. The proposed restaurant does to meet parking requirements, but as a practical matter, the restaurant is really intended to be another option for staff, patients and the visitors. The restaurant would close early; there is no outdoor seating or drive through. Ms. Young questioned what closest chain located. Ms. Marrero replied the Dadeland station. Mr. Morton questioned if the hospital is a non profit and when the City went into a development agreement was there profit sharing. Ms. Marrero responded that there are two entities South Miami Hospital and South Miami Hospital Development Fund Inc. South Miami Hospital Development Inc, is for profit which pays property taxes and revenue to the city. Ms. Young questioned how much property tax is paid for the space and what other proposed establishment will be placed in the remaining spaces. Ms. Marrero replied this will be the only retail or restaurant since the remaining spaced have been used up by mechanical space. Mr. Cruz questioned what the seating capacity is. Ms. Marrero responded no more than thirty - four chairs. NAME Jason Vivelli ADDRESS 7015 SW 67 Avenue SUPPORT /OPPOSE Support Mr. Vivelli responded to the previous question that it is a ruff estimate of thirty -four seats based on the current seating at the Baptist Hospital "An Bon Pain" since the space is a little bit smaller. NAME ADDRESS Kathleen Moorman 5730 SW 52 Terrance SUPPORT /OPPOSE Support Ms. Young questioned the proposed date of opening. Ms. Moorman, also representing the Hospital, responded it would be six months. Mr. Cruz questioned if the design originally contained a kitchen. Ms. Marrero responded that there was never a kitchen but there will be minimal heating for sandwiches and soups. Chairman closed the public hearing. Ms. Young recommended if hiring is going to take place given the economy that consideration is given to residents of the City of South Miami that meet job requirements. Motion: Mr. Comendeiro moved and Mrs. Young seconded that the application be approved Planning Board Meeting March 10, 2009 Page 4 of 4 as presented. Vote: 5 Ayes 0 Nay MIAMI DAILY BUSINESS REVIEW Published Dairy except Esturay, Sunday and Legal Holidays Mhul MlembDade County, Press. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, it daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the atllched copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR APRIL 7,209 in the XXXX Court, was published in said newspaper in the issues of 03/27/2009 AHiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and mat the said newspaper has heretofore been continuously published In said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of me allached Copy of advertisement and aHiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 5 - Sworn to and, bx, before s 27 day of MARCH A.D. 2009 (SEAL) V. PEREZ personally known to me gr. -,.,� Nntary PUbik Slaleof Rerida Cheryl M. Memrel ". a My CUmmisslan D07934N Si Espues0711=12 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given That ma City Commission of the Ciytlf 6oulh Miami, Florida will derv, Public Hearings. at its regular City Commission meeting acxvwxded for Tuaaday, April 7. 2909 beginning at 7:30 p.m. In the City, Commission Chambers, Else Sunset Drive, to Consider the (Creature ltachu AN nRONANCE OF THE MAYOR AND CITY COMMISSION H TO OF HAVE SUED THE C AND HAVE RECEIVED AI SETTLEMENT OR JUDGMENT AGAINST THE CITY FROM SEEKING RE-EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED UNDER LAW: PROVIDING FOR SEVERASILITY. ORDINANCES IN CONFLICT.ANDAN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR 60 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO THE POSITION OF THE CITY MANAGER: AMENDING THE CODE OF ORDINANCES CHAPTER 2. 'ADMINISTRATION AND CITY GOVERNMENT,' SECTION 24.4, ENTITLED ^RESERVED,' PROVIDING FOR AN ANNUAL PERFOR- MANCE EVALUATION: PROVIDING FOR SEVERABRITYI PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDINGAN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE NICE ,ISSUES; PROVIOING AUTHORITY TO OPERTY TO MAINTAIN LOT. IF PROPERTY IS LIGHT INTO COMPLIANCE: PROVIDING FOR Y TO LIEN: PROVIDING REQUIREMENT THAT E HOLDERS TO REGISTER WITH THE CITY ON BASIS TO ENSURE PROPER NOTICE OF 1SICITATIONS TO ALL INTERESTED PERSONS: S FOR ORDINANCES IN CONFLICT, CODIFI EVERASILITYAND AN EFFECTIVE DATE. Ee3olutkn: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-3.4(0)(4X0) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A ANT LOCATED AT 620Q SUNSET DRIVE GENERAL THE URPUQ -H' PLANNED UNIT MI ZONING DISTRICT (SOUTH MIAMI HOSPITAL): AND PROVIDING AN EFFECTIVE DATE. First ReadIRSU AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOLy1N MIAMI. FLORIDA, MI ADOPTING THE EVALUATION D APPRAISAL REPORT (EAR) BASED. TEXT AMENDMENTS ^TO ^ THE CSOUTH TOMTMEI MENTSI PRQWUINb rvn o=...wW -• - -- CONFLIOT,ANDPROVIDINGAN EFFECTIVEDATE. ALL interested parses are invited to attend and will be heard. Maria M. Menendez, CMC City Can, Pursuant ra Florida Statule5 286.0105, the City hereby advises the Public that if a person decades to appeal any decision made by this Boar. Agency or Commission with respect to any maser mnsitleretl at its meeting or hearing, se or she will need a ewId of the prooeeRn9s. and that for such purpose, affected person may nead to ensure that a verbatim m CM of the proc,adin95 is made which retard Ind ees this leslimonyand evidenceuponwhiththeappealls to 93127112W311M 3127 v d a m m e tL F Y _ O N m 0 Y r O m ; 0m U Z — d+ oY N s m ° c m E d a o _ N C In U5 _ v v o in dm U Q an O E i 0 0 Cm 0 0 3 a m m c W m m to m OR d a XI Z 6 y E O Z m z s a w c in 5 U Q E E r m a 0 q N „ O o g W u •� O c M a y V_— � q q CL Air Force Reserve Airman Christine Mondesir gradu- ated from basic military traiv ing at Lackland Air Force Base, San Antonio. She is a 2007 graduate of Dade Chris- tian School. Army Staff Sgt. Cedrick Stewart was named non- commissioned officer of the quarter at Fort Carson, Colo. Stewart is a battalion chemi- cal, biological, radiation and nuclear operations supervisor assigned to headquarters company, 43rd Sustainment Brigade at Fort Carson. He received the honor after fin- ishing fast in five consecutive selection boards. Stewart, who bas served in the military for four years, is married to Tynshawata Stewart of Homestead and is a 1997 grad- uate of Homestead High NEIGHBORS IN UNIFORM 5 k R ® WS all it School. The sergeant's guard- of Miami -Dade County and is Lackland Air Force Base, San fans Me Tommy and Dorothy a 2008 graduate ofSoutbridge Antonio. He is the son of Smith of Florida City, High School. Myriam Alvarez of Key Largo. Army Pvt. Ismael Allegue recently graduated from basic Air Force Airman Calvin Air Force Airman Luis combat training at Fort Sill, Lincoln graduated frombasic Gonzalez recently graduated Lawton, Old. Allegue is the military training at Lackland from basic military training at son of Irene Subua of Miami- Air Force Base, San Antonio. Lackland Air Force Base, San Dade County. He is the brother of Stacy Antonio. He is the son of Leos of Miand -Dade County. Yusimi Hernandez and Luis Air Force Airman Oscar Gonzalez of Miami -Dade Acosta graduated from basic County and a 2006 graduate military training at Lackland Air Force Airman Moises of South Miami Senior High Air Force Base, San Antonio. Gallardo graduated from School. He is the son of Raul Acosta basic military training at CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given Mat Me city GDmmissim of We Gilt' lSoatu Miami, Flaida will medal PUNIC Hearings at As regular 04 Commission moating entrained for nesdag April 7, mW begiming at 7:30 pm, in We city Cammamba (Ummbea, $130 Sunsl DrNe,looDsider Mefdiowing4ems: 56mQ„PdCiaG ANORDMWC MRONGi1 ream 'AIUMBSTROFiXECIITS WFIN 0DIMMODUTDmAOMWISPWtpNON ft PROMMEM; ,manD numn,ter, um mommMSIMin, MINOR Was San NOENO erl FOREFEaMMASIEMOVEx{EI:PJUTRUSNG TO mRMFA mR01£FS NN MVE flECFNCp SEV@.0.NPf ANDNRH4VE5NNiN£ Cxl' ANO MH PECHVF0A5Ei1LFMFNr OR JUDed1EM MNNBriNEfliTfa0M5Ef1UNGREFMRa fMFMPiiKGfY,IXRTTAS OiXUM1EE iRONOm UNDERLAW. OR MDew4cERP WTo THEE MOm of Marc MN3GFAAMENDMG- E ODE aMMMM m` m<z,'nDMMMraATwx PNO CITY mNANMEM; SECnDN2i 1.EN(Dlfp'RESFMFn: PRPJOWGFDRPNPNNUALFFNOflMMCE EVNWMIN. M gNWam SWAM TO THE n1Ya FREE OF (A DMOVER, CRFATNG =R N, NMIW =M EXNL BE EMnEO'lDT MNNmiANCE 0.40A mm moP l- OF ream" 15. MARK TO•MRNSFS.0 scomasom EWMSIONS': FROTIOWG MR faca WaSH9D0 MR LOT MPMENWCE Ni0 A DU .JMTON OFLBORDONED PROPBOY; MEMNGFOR NOTICE EIUMSON5 MR ON ANNUAL MUM MATING TO tOr MNNIEMRCE ¢SUES: P wow NIMO TO ENIFR phima r TO MAHITNN WT. R M pmu IS WT GMUIM Mtn menleta: FROODM FORWINOR TO NEN; PRPIIDIRG REWMfMEMTINr MORROGE HOm TOREGISiFAWIfNTh 'F mr rvAOW[41 BOSSM MM Pmmu NONCE OFM�OAMM TO WLL IMFRFSfED EER K an A sRfGOL Unox REWWGioA MUM EMMAN04 SAKES MOM NZITY 0OFTNELAxDDETOM( )SAAMEroQ AMON AOURORA mMWWE DUAasMWREWCme,am,ZOE MONSE," TWWfYSIX REMTSENn'¢IRE jN BailC m. OAVAN inum NN WL(6]I IA4War WE REOMflm BY R GPOPXICRmmSUTH NSECTDN Bail Cm. ON MOPFAIV 'MINWON YO'tOWiNralmYOinCE WE DISIPFTtCUTEO AT E6tSSN68 ^SfFfEL50NN MW.iI ROPoO0. /X A RES NRE M TO A NEWEST MWW TO MOON 2(raA )(4)(t) OF ME LAND oEVFrOPMFM CODE MR Seak IME� I/l L WX TO LOPATE A GFNEAY RESTWPAIT WOUNTED AT 62M SUNSEr ORNE WaxM.6'I'll iLMMFII UNIT I've"111: NOSMKz NNG 0SNtlCT(SWIH Men, Hopuna): AND MOMINGA4 Ea"Mme DAIS ONOROMWCEAWFlMGINEEVNWNONA4DA^ P. 9e6ALFFAIINIVR) aOSEDIF XiANFNDMFMSimNESWfX MM'MMPRn1MM %pN 1NE a NFROMFMS ARE W WE DONS, OBImNVEa, MD MIJUES MET ME mLLOMNG MO P MENSryE flA4 aEMFMS', n1NRE bob u0E McR5P01ffATDN; HOURING; INfR/SIRUCNRE; CONSEFNAMN; RE MUMN A40 WIN SOUL anF>kO MM@NK CoORDIMTWx: µe GW IAL kAMOV W FINIS. Far When information, pease lament the City GakY States (305) 663-6340. sb, mmenetparties an M4aad b afield as will be heatl. Mafia M,Menee CMC '., Ciry Clerk l, • COMPLETE LAWN AND TREE 5 • LICENSED & INSURED • COMMERCIAL & RESIDENTIAL 1'14t117111J LAWN SERVICE, (3o5)233-93( FREE ESTIMATES CITY OF SOUTH MIAMI NOTICE OF CITY COMMISSION WORKSHOP NOTICE is hereby given that the City Commission of the City of South Miami, Florida will hold a workshop relating to the negotiation of a permanent loan In an amount not to exceed $1,000,000 to repay the budge loan of $1,000,000 which was Utiizetl by the City for the completion of certain road Improvements and consumption of a public parking garage located at S.W. 73- Street, M tl M h 30 2009 hom 7 00 - 8'00 E m., in the City Commission Chambers, located at 6130 Sunset Drive, South Miami. All interested parties are invited W stand. Marla M. Menendez, CMC City Clerk City of South Miami m_ +» IMP mi m m