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Res. No. 151-08-12748-_ o: ,lc e_, 1: WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC), the Applicant, William Quintana (Somi Caf6, LLC) Talc has submitted Planning Board Application No. PB- 08 -025 requesting Special Use Approval to operate a small general restaurant to be located at 5800 SW 73 Street within the "SR(HD)" (Specialty Retail Hometown District) overlay zoning district; WHEREAS, a small restaurant is allowed as a special use in the "SR(HD)" (Specialty Retail Hometown District) Overlay zoning district subject to meeting general conditions specified in LDC Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(A) and (13)(19); 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 August 12, 2008 meeting the Planning Board, after public hearing, voted 6 ayes 0 nays to recommend approval with special 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 . O' J•. THAT: Section 1: The Special Use Application (PB -08 -025) submitted by William Quintana (Somi Caf6, LLC) requesting approval to operate a new general restaurant located at 5800 SW 73 Street, within the "SR(HD)" (Specialty Retail Hometown District) Overlay zoning district is hereby approved subject to the following conditions: (1) Revision to the site plan to show a raised street curb on the SW 58t" Avenue side of the property; (2) Revision to landscape plan to provide additional canopy (minimum of 3 trees) in the rear parking lot; (3) If the proposed restaurant in the future is detennined 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 Res. No. 151-08-12748 use approval may be modified or revoked by the City Commission upon notification and public hearing. (4) The property owner shall retain the six (6) on-site reguired parking spaces and, in addition, the six(6) on-street adjacent public parkin2 spaces shall be assigned and credited to the property at no cost to the property owner. (5) The Landscape Plan shall be revised to show significant enhancement in the number of trees and green space on the east and north sides of the property; the revised Landscape Plan shall be submitted to and approved by the Environmental Review and Preservation Board. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 16th day of September, 2008 ATTEST: CITY CLERK is - -21 11 W �EVQI XAComm Items\2008\9-16-08\5800 SW 73 St Revised Resolution.doe 2 APPROVED: 11rille, C' MAYOR Commission ate: 5-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea South Miami CITY OF SOUTH MIAMI INC ORPOR 1977 ATED 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: Ricardo Soto-Lopez, MUP, Planning Director Date: September 2, 2008 ITEM REQUEST: The applicant, William Quintana (Somi Caf6, LLC) Inc. has submitted Planning Board Application No. PB-08-025 to operate a small restaurant at the above referenced location. The proposed restaurant is located in the "SR(HD- OV)," Specialty Retail Hometown Overlay Zoning District. A -small restaurant is permitted with Special Use Approval as set forth in Section 20-3.4. LDC REGULATIONS APPLICABLE A small restaurant is defined in the Land Development Code as containing no more than 2,000 square feet in floor area. In addition to general requirements applicable to all special uses in Sections 20-3.4(A) and Section 20-5.8 (B), the LDC also provides that the following pre-set special conditions are applicable to small restaurants: Section 20-3.4 0(19} Special conditions (19) SMALL RESTAURANT (a) Small restaurants must be located within two hundred (200) linear, feet of a municipal parking lot. (b) The on-site parking on small restaurant premises must be used for customers only; employees and management must park in off-site parking. (c) Required parking must be on-site. (d) Small restaurants may only serve alcoholic beverages to any given patron in combination with food both prepared and served on the premises. STAFF ANALYSIS (1) The applicant is requesting a special use permit to operate a small restaurant located at the southwest comer of SW 73"d Street and SW 58h Avenue within two hundred linear feet of municipal parking in the Specialty Retail Hometown Overlay Zoning District. (2) Pursuant to Section 20-3.3(D) Permitted Use Schedule and Section 20-7.12 Permitted Uses at the Hometown District, of the Land Development Code, a small restaurant is pennitted as special use and requires one parking space per four hundred square feet. (3) The scope of work indicates interior remodeling and exterior refinishing of the existing 1,900 square feet one- story building to accommodate a small restaurant use. (4) The existing 1,900 square feet building requires one parking space per four hundred square feet, requiring a minimum of five (5) parking spaces on site. (5) As per the attached boundary survey and proposed site plan, sheet number A1.01, the existing parking spaces remaining on site total six (6) spaces of which one (1) is a handicapped space. There is also additional parking spaces available on street and within the new municipal parking garage across the street. (6) The submitted site plan indicates the proposed development with the intent for outdoor seating via new landscaping on the front and side yards for the new caf6 terrace within the confines of the property using an environment sensitive applications. A new arcade, open-air and consisting of a colonnade with a clear distance of ten (10') feet between columns, which extends one hundred percent of the building's frontage. New grass crete, a grass reinforcement product, is proposed for the entire front and side yard. Also a fountain accents the main comer entrance to the building. (7) The site plan also indicates repair and enlargement of existing sidewalk and rear parking lot, inclusive of a five (5'-0") feet landscape buffer between parking and building wall and between parking surfaces and property lines, a requirement of the Hometown District. A new dumpster enclosure is located at the west end comer the site. (8) Pursuant to Section 20-7.11, Hometown District Overlay, All drainage water shall be confirmed to the property. (9) Tree Removal Pen-nit, Signage, Alcohol Beverage license, and Outdoor Seating will require separate approvals and/or a permits. (10) The proposed development adds to diversity of retail and restaurant uses as envisioned by the Hometown District regulations. (11) The proposed development adds to an increase in the tax base generated by the property. Planning Board Action: The Planning Board at its August 12, 2008 meeting adopted a motion by a vote of 6 ayes 0 nays recommending approval of the special use request with the following conditions: (1) Revision to the site plan to show a raised street curb on the SW 58tb Avenue side of the property; (2) Revision to landscape plan to provide additional canopy (minimum of 3 trees) in the rear parking lot; (3) 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. K Recommendation: The requested special use approval for a small restaurant at 5800 SW 73rd Street complies with the LDC requirements set forth for special uses in Section 20-3.4(A) and (B)(19), and the conditional use requirements set forth in Section 20-5.8(B). Approval of the application with the conditions set forth by the Planning Board above is recommended. Backup Documentation: Draft Resolution Application Location Map Letter of Intent LDC Section 20-3.4(A); Section 20-3A (B)(19); Section 20-5.8(B) Planning Department staff report (8-12-08) Planning, Board Minutes Excerpt (8-12-08) SitelFloorplans Public Notices RSUSAY X:\Comm Items\2008\9-2-08\Special use Rest 5800 SW 73 St CM Report.doc City of South Miami City Planning & Zoning Department City Hall, 6130 Sunset Drive, South Main!, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 668-7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 5BCK) Sq 73rd stre&- _131 z:iuDaiviston M-' S- Lot(s) 46 &_47: 0GK PB _3 Meets & Bounds: Applicant Vallian . QyLnt�ra presida-t c;ad Cafe, TrPhone: 305-776-9246 kepresentative: 13 m Fta-Bnflaz, Address: 200 Sa)th BLXaYm BallurcTdr SU6-te 850 Phone: 3D5-377--623 mind, EL 33131 Property Owner 1 ard Ccam RW pignabure: Mailing Address:, .13635 Da�dM Bay Eri'�e Phone: 305-374-5300 1 0--mi CAJhs, FL - 331 Architect/Englne6r: loqi I s D=en Phone: 3o5-962 385o AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner's MI- Contract to purchase _ffenant/Lessee __Pmer __Qption to purchase JLe S HEREBY MADE FOR` HE POLL WING; SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECKALL THAT APPLY. Amendment to LDC —Variance X Letter of Intent Map Amendment. ,X Special Use X Justifications for change PUD Approval _Special Excopflon, ^ Statement of hardship —PUD Major Change __Other (Waiver b.f Plat) —X Proof of ownership or letter from owner _Y_ Power of attorney Briefly explain application and cite specific Code sections: X Contract to purchase -1 Current survey (I original seated and Re� fcr Sl; � Lbe signed/1 reduced copy @ 1 V x I T5 X 15 copies of Sao Plan and Floor Plans Sectim 20 -7629, -20-5.8 I reduced copy@ 11"x17" X 20% Property owner signatures or Affidavit attesting to mail notice sent Section: 22 Subsecfl 7 om Page Amended Data: _ _ 01 Mailing labels (3 sets) and map Required Fes(s) The undersigned basic d thvvco—n� �Iettd application and represents that the information and all submitted materials are true and cad —b P) s lnowl,�� beliel, correct th 4be o e &Cwlede and belief. "ibeZ date Z � , - -7111 10-Y Applicants atwe and title Upon receipt ap licatiom and all submitted materials will be reviewcd for compliance with the Land Development Code and other afpl :kdafl-ons. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Petition Required Method of Payment 11/19/07 Date of PB Hearing Date of Commission Petition Accepted_ City of South Miar i 1� PB -08 -025 Special Use - Restaurant 5800 SW 73rd Street E Feet 0 300 600 900 1,200 1,500 S 6001 7001 ! i� 5959 ! — m SW 71 ST ST 0 1 6075 -f m .` Ibb 6022 a 7410 7440 7500 \ 7520 i 5991 5950 5907 f()r 5897 5875 ' / /\\ 5764 \so9 / 3 X105 8 5801 /Z� 5820 5715 � 0i b W 11 ST 51 y 711 � 75 > SW 72ND ST SUNSET DR 1 5800 R 5700 CO 5738 N 5885 5859 5829 5795 5750 7230 (91 0 �— m owS 5940 — �— 7311 7331 5824 k95 7320 0 % 5950 7310 ' i N s7321 ( 5850 00 7320 7301 rn 7 5901 I� 5791 7390 M 5950 7441 7430 7511 7540 p Lij 7601 1600 IF- 7601 f" 7621 0 7620 — 7620 7621 � 7630 CO 7631 7628 I� GIS Data by _ _S 4TH ST 5875 I 5801 �� 7400 SW 74TH TER 7420 5890 5800 7515 7500 w = 7541_ 7532 7563 7' 548 ` —� - -- _671T5T —` t � 1 5730 7450 w = 7505 7500 7500 0 F— CO 7521 7510 L { 7520 1 7533 7530 7550 7549 I 7611 - - - 5862 1 7610 7600 762-0 7621 5864 7620 S 76TH TER 7630 7631 7630 7640 ii -Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 8/1/2008. Evil BE. RCow RARE LL & F AN DEZ � " B " CD, i ^ " E3 U _ E-= A, " C) E=- " \/ I Ft C) " NA ;= " -T^ L- R ^W Direct: 305-377-6235 E-Mail: QFernandez(cDBRZoningLaw.corn July 11, 2008 Mr. Sanford Youkilis Acting Planning Director City of South Miami Planning & Zoning Department Silvia Martin Building 6130 Sunset Drive South Miami, FL 33143 Re: Sorni Caf6, LLC - Special Use Permit - 5800 SW 73rd Street South Miami, Florida. Dear Mr. Youkilis: This law firm represents Somi Cafe, LLC and Roger D. and Grace Shay in relation to the referenced application for a Special Use to allow a Segafredo Zanetti Caf6/Restaurant with outdoor seating on the property. Segafredo Zanetti is the leading espresso producers in Italy and approval of the requested Special Use will introduce a recognized name brand cafe to the Hometown District that will enhance existing dining options, as well as improve the pedestrian experience in the area. This letter shall serve as the applicant's letter of intent. Property. The property is approximately .23 acres in size and is located in the Hometown District on southeast corner of S.W. 581h Avenue and S.W. 73rd Street. The property has a large street frontage, which makes it particularly well suited for a cafe /restaurant type of use. The proposed plan prepared by D.B. Lewis Architecture + Design proposes a significant improvement to the current appearance of the property. . Plan. The plan essentially modifies the existing non-descript building by creating attractive open spaces that make better use of the corner. and are more pedestrian friendly. The revised facade of the building is appropriate for a WACHOVIA FINANCIAL CENTER - 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 - MIAMI, FLORIDA 33131 Mr. Sanford Youkilis July 11, 2008 Page 2 cafe /restaurant and improves the building's aesthetic features by adding an exterior colonnade that will accommodate outdoor seating. HTD Standards. The plan for the Somi Segafredo, Caf6 meets or exceeds all of the zoning requirements of the Hometown District. For example, the Applicant will provide a total of 7 parking spaces where 5 are required. In addition, the property benefits from 6 existing on-street parking spaces (for a total of 13 spaces), and from the fact that it is located across the street from a City of South Miami Parking facility. All required setbacks are consistent with Hometown District requirements and the proposed outdoor seating is located to insure that a minimum of five (5) feet of sidewalk will remain clear and unobstructed for pedestrian passage. As a result, the outdoor seating /dining uses and areas do not interfere with pedestrian traffic, handicap facilities or access to commercial other establishments. In addition, the outdoor . seating/ dining areas are all open and unenclosea. It is also significant to note that the tables, chairs and all other outdoor furniture used will not be anchored or restrained and will be located entirely on private property and restricted to the length of the sidewalk immediately fronting the cafe. Outdoor seating/dining areas are also proposed at the same elevation as the adjoining sidewalk or public right-of-way. Finally, in compliance with the Hometown District requirements, the number of outdoor seats does not exceed eighty (80) percent of the number of indoor seats. For all of the foregoing reasons, the Application believes that the application, meets the requirements set forth in Section 20-3.4 of the Land Development Code. Specifically, the application will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; the application will not be detrimental to the public welfare or property or improvements in the neighborhood; and the application complies will all applicable code provisions. We respectfully request your favorable review and recommendation. BF/bI Enclosures Sincer Ben Fernandez 20-3.4 Special use conditions. Any of the following special uses may be approved and permitted by the city commission at a public'hearing, after a recommendation by the planning board, provided that such use is specifically listed as a permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20-3.3E), and that such use complies with the following general and special requirements and any other conditions that the city commission may consider appropriate and necessary: (A) General Requirements. (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the city commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the city commission to determine the overall compatibility of the use with the surrounding neighborhood. (B) Special Requirements. (19) SMALL RESTAURANT (a) Small restaurants must be loc'ated within two hundred (200) linear feet of a municipal parking lot. (b) The on-site parking on small restaurant premises must be used for customers only; employees and management must park in off -site parking. Q Required parking must be on-site. (d) Small restaurants may only serve alcoholic beverages to any given patron in combination with food both prepared and served on the premises. 20-5.8 Special use approvals. (A) Use Schedule Reference. A special use may be granted for any use indicated in the Permitted Use Schedule (Section 20-3.4E) with an "S" designation in the appropriate district column. (B) Required Conditions. (1) Prior to approving a special use, the city commission shall find that such use meets the conditional requirements set forth in Section 20-3.4 and that it: (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. (2) Additional Conditions. The city commission may designate such additional conditions in connection with a special use as will, in its opinion, assure that such use will. conform to the foregoing requirements. rr APPLICANT'S REOUEST: Pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC) the applicant is requesting a Special Use Approval to operate a small restaurant at the above referenced location. The proposed restaurant is located in the "SR(HD-OV)," Specialty Retail Hometown Overlay Zoning District. A small restaurant is permitted with Special Use Approval. A small restaurant is defined as containing no more than 2,000 square feet in floor area. In addition, the Land Development Code also provides that a small restaurant is a special use and that there are special conditions applicable to small restaurants (1) must be- located within 200 linear feet of one of the City's municipal parking lots; and (2) required off-street parking reduced to only 25% of the existing restaurant requirement (Ordinance No.19-91-1484). In January 1992, a technical amendment was made to the small restaurant conditions changing the parking requirement to one space for every 400 square feet of floor area, and requiring parking to be on site. LDC REGULATIONS In July 1991, the Land Development Code was amended to encourage the location of small restaurants in the Hometown district. It was felt that these restaurants would promote economic development activity. The following provisions are now in effect: Section 20-2.3 Definitions Small restaurant. Shall mean a restaurant as defined in this Code which contains no more than two thousand (2,000) gross square feet. 5800 SW8Street Special use approval Ango//l2008 Section 20-3.4 (B)(I 9) Special conditions (19) SMALL RESTAURANT (a) Small restaurants must be located within two hundred (200) linear feet of municipal parking lot. (b) The on-site parking ou small restaurant premises must ho used for customers only; employees and management must park in off-site parking. (c) Required parking must be on-site. (d) Small restaurants may only serve alcoholic beverages to any given patron in combination with food both prepared and served oo the premises. STAFF ANALYSIS O\ The applicant ia requesting aspecial use permit hz operate u small restaurant located ut the southwest � � o��3W73 Street Avenue within two hundred linear feet of municipal parking in the Specialty Retail Hometown Overlay Zoning District. /2\ Pursuant to Section 20-3.3(C) Permitted Use Schedule and Snudoo 20-7.12 Pooub1od l}sum at the Ronuutnwm District, of the Land Development Code, u ornoU restaurant is permitted as special use and | requires one parking space per four hundred square feet. (3) The scope of work indicates interior remodeling and exterior refinishing of the existing 1,900 square feet one-story building to accommodate osnou|] restaurant use. /4\ The existing 1,900 square feet building requires one parking space per four hundred square feet, requiring aminimum of five (5) parking spaces oosite. /5\ As per the attached boundary survey and proposed site plan, sheet number A 1.0 1, the existing parking spaces n:zooioiog on site total six (6) spaces of which one (l) is a handicapped space. There are also six (6) adjacent parallel on street parking spaces. There are utota| of twelve (12) parking spaces for this mne/l restaurant. There is also additional parking available within the new municipal parking garage across the street. (6) The submitted site plan indicates the proposed development with the intent for outdoor seating via new landscaping on the front and side yards for the new cat6 terrace within the confines of the property using an environment sensitive applications. A new arcade, open-air and consisting of colonnade with a clear distance of ten (10') feet between uo|onona, which extends one hundred percent of the building's frontage. New grass crete, a grass reinforcement product` io proposed for the entire front and side yard. Also ufbuntuin accents the main comer entrance to the building. (7) The site plan also indicates repair and enlargement of existing sidewalk and rear parking lot, inclusive of ative (5`-0") feet landscape buffer between parking and building wall and hetv/ecm parking surfaces and property lines, u requirement ofthe Hometown District. /\new duropst:renu|osuiei» located at the west end comer the site. 2 5800 SW 73 Street Special use approval August 12, 2008 (8) Pursuant to Section 20-7.11, Hometown District Overlay, All drainage water shall be confirmed to the property. (9) Tree Removal Permit, Alcohol Beverage license and Signage will require separate approval and/or a permit. (10) The proposed development adds to diversity of retail and restaurant uses as envisioned by the Hometown District regulations. (11) The proposed development adds to an increase in the tax base generated by the property. DEVELOPMENT REVIEW COMMITTEE: On July 29, 2008, the City's Development Review Committee met and the Public Works representative noted that the subject property possibly has prohibition for sewer connection and must refer to Miami Dade Water and Sewer Department, WASAD. The Planning Department requested that the zoning analysis proposed on plans, sheet A0.00, be revised to include the correct dimensional requirements, consistent with the Specialty Retail Hometown Overlay Zoning District. Also requested was that the plans show an enclosed dumpster on the site and a landscape buffer to be at a five (5'-0") minimum as required on the LDC. The proposed arcade is to be consistent with the South Miami Hometown District Regulating Plan. - SPECIAL CONDITIONS APPLICABLE: 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. The overall purpose 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 )A(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, 5800 SW 73 Street Specicil use approval August 12, 2008 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(B)(4)(b) and the conditional use requirements set forth in Section 20-5.8.(B). Approval of the application with the following condition is recommended: (1) Prior to submittal of a Building Permit the applicant shall provide construction documents pertaining to the exterior renovation of the proposed small restaurant to the Environmental Review and Preservation Board for approval; (2) The applicant will be required to *file a separate application to the Planning Department for an outdoor seating permit; (3) If the proposed gppo�restaurant! 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 Copies of Public notices Site Plan Documents: Cover Page Boundary Survey Photographs of Subject Property, sheet IM- I Image, sheet IM-2 Site Plans and Zoning Analysis, sheet A0.00 Existing Site Plan and Existing Floor plan, sheet A0.01 Existing Elevations, sheet A0.03 Proposed Site Plan, sheet A1.01 Proposed Floor Plan, sheet A1.02 Rendered Elevations, sheet A 1.04 Proposed Elevations, sheet A1.05 RSUSAY/LCH X:\PB\PB Agendas Staff Reports\2008 Agendas Staff Reports\8-12-081PB-08-025 Special use Restaurant- 5800 73 Sir.doc N CITY OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes Tuesday, August 129 2008 City Commission Chambers 7:30 P.M. DRr && Excerpt 1. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:44P.M. The Pledge of Allegiance was recited in unison. 11. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Farfan, Mr. Cruz, Mr. Comendeiro, Ms. Young, and Ms. Chael. City staff present: Eve Boutsis (City Attorney), Ricardo Soto-Lopez, (Planning Director), and Sanford A. Youkilis (Consultant), Lluvia Resendiz (Zoning Tech), and Lourdes Cabrera- Hernandez (Planner). 111. Planning Board Applications/Public Hearing Ms. Boutsis requested to take item PB-08-025 and PB-08-027 out of order. Motion: Ms. Yates motioned to take the items PB-08-025 and PB-08-027 out of order and Ms. Young seconded. Vote: 7Ayes 0 Nays Action: Ms. Yates read the item into the record. Ms. Cabrera-Hernandez provided the Board with a description of the applicant's proposal. Ms. Young requested that some typographical errors be corrected. Mr. Cruz noted that a site plan for outdoor seating and dining was available and questioned if the outdoor seating will be included in the special use request. Mr. Cruz also stated he was in favor of Manning Board :Meeting August 12, 2008 Page 2 of 4 development but was concerned that there are only 6 parking spaces for 150 seats for both inside and outside dining. Mr. Youkilis replied that the special use approval does not automatically grant approval for outdoor seating. Mr. Youkilis stated that currently there is a moratorium on outdoor dining. Once the ordinance is approved the applicant must submit a separate application which will be reviewed administratively. Mr. Morton questioned the minimum distance required for a state liquor license. Mr. Fernandez, attorney representing the applicant, advised that they meet the minimum distance required by the state. Mr. Fernandez stated that the outdoor seating site plan was not part of the application. He further added that the applicant, Willie Quintana, has all the intentions to -comply with all the regulations as required in order for project to get approved. Mr. Fernandez advised that he agreed with the recommendations that staff has requested. To address Mr. Cruz's concern regarding the parking requirements Mr. Fernandez stated that his client was providing additional parking other than what is required under Land Development Code. The property is well suited for the restaurant because it is a pedestrian friendly corner and the architect, Dean Lewis, has made it more pedestrian friendly. Dean Lewis stated that the building foot print will remain it will only undergo renovation making it even more pedestrian friendly. Instead of building the site to its maximum we chose to incorporate a colonnade to extend out to the pedestrians with a water feature to the corner which is something that the existing building does not provide. He provided the Board with a description of the building's design and the function of the building. Mr. Fernandez stated that the applicant will be increasing the width of the side walks around the property. He further added that the, when approved, the outdoor seating will be provided within the private property. To address the concern regarding outdoor seating spilling into the public realm he advised that they will not have that problem because their outdoor seating will be confined to the property. The applicant has also proposed to increase the side of the sidewalk to make it easier to walk around the site. He stated that they meet the requirements of LDC and that the establishment will not have an adverse effect of the safety and health of the persons. Mr. Comendeiro requested that the architect describe the property line in order to address the private and public property line. Mr. Lewis replied that they are not using any pubic right -of -way but rather they are giving at least three feet along the east side of the property line up to the existing sidewalk. The three feet will not be formally deeded back to the City. Mr. Comendeiro questioned if the fee for outdoor seating dining pen-nit will apply to both private and public property. Mr. Youkilis replied that a restaurant must apply for an outdoor seating and dining permit whether it is on public or private property. The yearly fee will apply for both however those businesses having outdoor seating on public property are not subject to additional fees. Mr. Comendeiro further added that he does not find that fees for outdoor seating should be imposed on those businesses having additional seating on private property. Mr. Youkilis replied that outdoor seating is an extension of the business and therefore they should be charged. Mr. Youkilis further added that the seats for outdoor seating cannot be more than 80% of what is inside. Mr. Cruz questioned the hours of operation and Mr. Quintana replied that the hours will vary depending on how the patrons respond. He did state that currently he plans on opening from 7:00 AM until 12 midnight. Ms. Young requested that the hours of operation be included in the site plan and Mr. Quintana agreed. Mr. Cruz questioned if different insurances were required for indoor and outdoor and whether or not the establishment was in compliance with the ADA. Mr. Quintana replied that the insurance is all inclusive. Mr. Dean responded that the modifications are ADA compliant. Planning Board Meeting August 12, 2008 Page ]mf4 Chairman Morton opened the Public Hearing. Name Address Position Harvey Bernstein 7661 OW65 Place Mr. Bernstein stated that it was inappropriate for the members on the dais to accept the coffee cups that were distributed by the applicant. He advised that they all should be returned. Kathy McCann Ms. McCann commended the Board for the recommendations they forwarded to the City Commission regarding outdoor seating and dining. She requested that the Planning Board members review the Spuoiuhn Retail definition in the I.I}C and carefully analyze its purpose in the downtown. She advised if the Board approves the special use restaurant request the downtown will lose retail space for specialty stores. She further added that too many restaurants exist and another restaurant will not encourage the specialty retail. She reminded that Board you are not to accept those things that will not becompatible with the Specialty Retail District. David Tucker Mr. Tookoc advised that the Board should be cautions about bom' they approve the proposed dofioiti000.I{n agreed with Ms. McCann iu that there shall bcu mix of uses io the downtown. Let no not be carried away by hnoioono coming into ucity. You want that mix to be a'goodvvorkiug uzhc. When ooe,thing begins totakeuveritiawb0000metkioghoQino1nsoffer. Sharon McCann Ma. McCann advised that she was concerned that the employees do not park iothe parking guz&gr instead they park in the residential neighborhood. She indicated that according tothe LDC the mix parking opuuou may not he used by the eznpluyocm therefore she agreed with Mr. Cruz that the required parking for the amount of proposed oeo1m will not be enough. She goeotiuuml why this application was not reviewed by the Green Task Force because the applicant is removing seven trees which will be replaced with shrubs. She expressed that the cocceoa parking ends op in the residential neighborhood oa they have been doing for years. She also questioned why there iuoo mention ofthe water situation considering that Miami-Dade Count Department of Water and Sewer issued uruoodoriuro. Ma. McCain expressed concerns that the ChrArborist did not review the site because she found no rocononaoodo1ioo oo the report and agreed with Mo. MoCuoo io that the City io deviating from the purpose of the downtown. Donna Shelley 65448ny78Terrace Mo. Shelley clarified that the Green Task Force is an advisory committee and not Board. Their duties are not to review projects. Claudia Harris 57528W77Terrace Mo. Harris stated that she was not u&uiosL the restaurant but that the approval of the proposed restaurant allow for too many restaurants in the Hometown. Mo. Harris agreed with Ma. McCann and Mu. McCain that there are too many ncatonzsnts in the downtown. She reiterated she was not against the restaurant but was against the location. She commented that people will oo longer want tu come back because of the parking. John Edward Smith 753lSW64Court Favors Mr. Edward Smith stated be was in favor of the project. He acknowledged that the domipo is attractive. He does not find that the downtown is saturated with restaurants. The opening of RA Sushi has u1trudrd u great amount of people that have never been in South Miami. Having a variety of restaurants will bring iu new clientele into South Miami. Be stated that it makes sense to have restaurants because retail businesses are not open until 2 AM to accommodate the empty retail Planning Board Meeting August 12, 2008 Page 4 of 4 space. He commented that the restaurants are utilizing the new garage. He stated to understand that although there are 160 seats there is no possibility to have 160 parking spaces available. South Miami wants to encourage a pedestrian friendly environment and the restaurant will provide that. Chairman Marton closed the Public Hearing. Ms. Chael stated that several downtowns hire specialist to analyze the specialty retail mix in order to ensure a certain mix of retail. That is something that the city would ever like to deal with that. A consultant may target certain markets. She questioned if there would be volunteers who would take that responsibility on. Does not think that it is the Boards business of delegating what business is allowed as long as they are in compliance. Ms. Young in the SR -BDOV small restaurants are allowed and there no moratorium at the present time. Mr. Youkilis responded in the affirmative. Ms. Yates requested that the architect provide a description of the landscaping. Mr. Lewis reiterated that no trees will be removed. Two native deciduous shade trees will be located due to the fact that they are pressuring the center tree and limiting the growth of all three. The intent is to prove breathing space for that one center tree to further flourish as well as to increase the perimeter buffers aslper the hometown design guidelines of buffering surface parking lots. The other palms two of which will remain and three which will be relocated. In addition they are including hedges along the alley which currently do not exists. They are including green initiative pervious pavers. Mr. Cruz questioned if sidewalk will be repaved to level out the parking area because this is the only corner in the hometown area that has as low sidewalk and all others are elevated to what the code requires. Mr. Cruz stated that that should be corrected. Mr. Lewis replied that they will respect the current elevations of the sidewalk and county right -of -way design guidelines. Mr. Lewis stated that they will be willing to repair that. Ms. Chael stated that the project was sensitively redone and commented that as a member of the Green Task Force she recommended that it would be helpful to have a shaded parking lot and in the green strip that you have to include shade trees so that the parking lot could be cool and green. Motion: Ms. Chael moved approve the special use request with the condition that the curb cut alongside SW 58 Avenue be raised in order to provide better drainage and that three additional trees be included on the rear of the property. Ms. Yates seconded. 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'w "1�3- >0 E5 w z OE' < aw: > , Zp X. �o z 0, 0 0 0 0 w Of -zw S 2� Z�F,- 0,0 o < � w X, P 6izz WE Z3. :,t b z ww o - 0 0 ou- �z 2 0 < "D) �!D-gW_ -ZZ > Z�F�90l --WowvCE -- < z 0 z --Mo�<-o 005FM.o f U' o z , z w < -S P. w W R- i > z -6 -- oz < Nc, w z Ko< 5 z ow -0 CZ L> L) 60(lw 07 f Z� O. WZNJ z w -2.5 D'of; 0�7 0 P-0 -Z�o, o < 00500, 6, ow 'o -4z,�—Rt.ZM� - Zws 0 �E'iL X 0 w, < z o E < 0 0 c LU m cm�c E lo ix Em mo m9 mom° E > A iz, ul E ab E U) 5 w 60 .1; 0 Z5 E --o z U N m= 6:2 5 R RS 0 -E E 1 < E Rt Z.> 2 E, < C) ❑ 5� 2 m 2 R 1. CD < 0- !E < C) x 2 wo x 7r, W T o -a.2 X 0 E 0 w Xfl m -6w < w 0 0(., -TE 2 2 T Cm .,2 FO D w 55 l Eum z �g 3� <frc).EL o.. w tU C � Q n_ ;E th N fo C � m U) 4 L!. f`J O N C3 � O N m OJ m C0 Z N C 2 _N > O o U Q !1 N N 0 0 01 am to O y M 7 rn w ai CJ co N m N E w Z � E o Z `o Q G z7' <c�'T; z 41 0 a c 0 a d O 0 m 3 c c `o 3 i 9 c m E O a rn a a 9 0 m x E d a Q m COm m -c v a m u {® 9 ®v i 0 a N N Miami; no cover. 305 -35B -3600. Free Fridays: Wine and bar food accompanied by exhibition tour, 6 to 9 p.m. Friday; Dynamo Cafe, 1001 Washington Ave., South Beach. 305 -5331 -1001 or informationrthe- wolf.fiu.edu. New England Clam Bake Sundays - Dinner., Features choice of soup or salad appetizer, a one- and- a -half- pound lobster, mussels, clams, corn on the cob, roasted potatoes, and choice of dessert. A glass of house wine is also available for $5; 5 to 10 p.m. Sunday; Oceanahe Seafood Room, 900 S. Miami Ave., Suite 111, Brickell; $36.3305- 372 -6862 or theo- ceanaire.com. FILM Cyrano de Bergerac- A French movie with English subtitles directed by Jean Paul Pappeneau and Gerard Depardieu. The film is originally a play written by Edmond P.ostand in 1897 based on the life of Cyrano de Bergerac; 7 p.m. Friday; Alliance Francaise Miami, 618 SW Eighth St., Miami; $10,$S members. 305 -859 -8750 or afmiami.org. Miami Beach Cinematheque: 512 Espanola Way, Miami Beach; $10, $7 MBC members and students. 305- 673 -567 or MBCINEMA.com: a The Last Mistress, this drama film directed by Catherine Breillat shows the secrets, rumors and betrayals that revolve round the upcoming marriage between a penniless rouge and a woman belonging to the aris- tocratic class of France; 7:45 p.m. and 9:45 p.m. Friday - Sunday; o Where the Truth Lies, This Cana- ciao drama - mystery- thriller film directed by Atom Egoyan is based or, the Novel of Rupert Holmes which shows a young journalist known for her celebrity profiles, try- ing to discover the truth behind a past incident of murder that affects the lives and careers of a showbiz team; 8:30 p.m. Thursday. Pierrot Le Few This film is the tale of the unorthodox, life of Pierrot, the annoying nickname given to unhap- pily married Ferdinand Griffon by his ex- girlh9end. He leaves his wife and children and flees with Marianne only to find himself chased by Algerian gangsters in a traveling crime spree from Paris to Mediterranean; 7 p.m. today; The Wolfsonian -FIU, 1001 Washington Ave., Miami Beach; $10, free - members and students. 305- 535 -2645 or wolfsonian.org, Things l Hever Told You. Spanish movie by Isabel Coixet with English subtitles. Story of a girl, who has recently moved to Eastern Europe. She receives a call from her boy- friend in which he tells her that their relationship is over. Eventually, a few minutes later, she swallows all her nail polish; 7 p.m.Tuesday; Centro Cultural Espanol, SOD Douglas Rd. Ste. 170, Coral Gables; Free. 305- 448 -9677, Young Spanish Filmmakers Cycle: Centro Cultural Espanol shows four recent successes of Spanish cinema. Isabel Coixet, Iciar, Sollair, Juan Car- los Fresnadillo and Alejandro ..._ .......... ....... ......_.....- ................._ ........_... NEIGHBORS CALENDAR Amenabar are some of the best known filmmakers of the actual Spanish cinematography. The four motion pictures selected offer an accurate overview of the different genres and styles that are shown in the Spanish theater; 7 p.m. Tuesday; Centro Cultural Espanol, 800 Doug- las Rd. Ste. 170, Coral Gables; Free, 30S- 448 -9677, MIAMI -DADE SPECIAL ART EVENTS Battle Of The Bands: In connections with a rock -'n' -roll art exhibit (see below), South Florida -based bands perform, including The Pots 8 Pans, Sinister Smith. Airship R— ketship, Electric Bunnies, TV Club.7 p.m. Thursday. Aug. 28: Museum of Con- temporary Art (MOCA), 770 NE 125th St. Joan Lehman Building, North Miami; free with museum j admission, of $5.$3 students and seniors with ID, free for members, children ll and under and North Miami residents. 305 -693 -6211 or mocanomi.org. I Deco and Design Tour: Two -houir adventure begins with a walkingtour of the Art Deco District, then moves inside to explore the Wolfsonian's collection. Focuses on New Deal architecture and the exhibition -A Bittersweet Decade -The New Deal in America. RSVP and advance ticket purchase required; 6 p.m. Friday; -The Wolfsonian-FIU; 1001 Washing- ton Ave., Miami Beach; S20 -non members, $10- members. 305. 535 -2644 oreducation@the- wolf.fiu.edu. Egypt's Golden Empire: Screening of film on Egypt when it was the cen- ter of the known world, its Pharaohs called gods and great cities, temples and tombs built, 6:30 -7.30 p.m. Thursday, Lowe Art Museum, Univer- sity of Miami, 1301 Stanford Dr., Coral Gables free with paid museum admission: $10,$S seniors and non -UM students„ free for members and UM students, faculty and stu- dents with ID. 305- 284 -3535 or low - emuseum.org. Lecture on Artist Carlos Enrfquez: Juan Martinez, an art historian and director of the Art and Art History Department at Florida International University. lectures on the life and work of the late Cuban modern mas- ter painter: 7 -9 p.m. Wednesday; Cernude Arte, 3144 Ponce de Leon Blvd., Coral Gables. free. RSVP at 305- 461 -1040. MIAMI -DADE ART MUSEUMS INSTITUTIONS Bass Museum of Art: 10 a.m.-5 p.m. Tuesday - Saturday, ll a.m: S p.m. Sunday; 2121 Park Ave. (in Collins Park), Miami Beach; £12 adults, $10 seniors, $6 students, free for kids S and under. 305- 673 -7530 or bass - mUseum.org: n 20th Century Works on Paper from the Fuudaclon Mapfre Colieo- Lion, 80 works by some of the 20th century's most renowned y Spanish artists plus artists from other coun- tries who were influenced by Spain. Artists include Pablo Picasso, Joan Mird, Sonia Delaunay, Juan Gris, Francis Picabia and Joaquin Torres - Garcia; through Nov. 2. a Treasures from the Bass Museum of Art selected collection from the museum, includes tapestries and paintings by masters such as Sandro Botticelli and Domenico Ghir landaio. Coral Gables Museum Exhibition: Features art and artifacts that will be displayed at the new museum set to open in 2009. Includes Coral Gables memorabilia and items highlighting the four visionaries behind the City Beautiful; 1-4 p.m. Wednesdays and Sundays until the museum opens in 2009; Old Spanish Village. 2901 Ponce de Leon Blvd., Coral Gables; free. 30S -910 -3996. Historical Museum of Southern Flor- ida: 101 W. Flagler St., Miami; 10 a.m. -5 p.m. Monday - Saturday and noon -S on Sunday; $8 adults, $5 kids 6 -12, free for members and kids 5 and under. Free admission 10 a.m: 5 p.m. every second Saturday. 305 -375 -1492 or hmsf.org: o Anne Merger - Florida Cartoons, editorial cartoons by one of the first women in the U.S. to break into the male - dominated field. Mergen's car- toons highlighted many issues that affected Florida. including Miami - Dade County, through Sept. 4. Jewish Museum of Florida: 10 a.m: 5 p.m. Tuesday- Sunday; 301 Washing- ton Ave., Miami Beach. $6 adults; $5 students and seniors; free for kids 5 and under. 3O5- 672 -5044, ext 21: a Florida Jews in Sports, exhibit portrays athletes on miniature play mg fields and highlights the impact of more than 150 Floridian Jews who participated in or covered 24 sports over more than a century, including players, coaches, team owners and journalists; through Feb.15. o MOSAIC: Jewish Lire in Florida, features more than 500 photo- graphs and artifacts. Lowe Art Museum: 10 a.m: 5 p.m. Tuesday - Wednesday, noon -7 p.m. Thursday, 10 a.m: S p.m. Friday -Sat- urday, noon -5 p.m. Sunday, closed Mondays; University of Miami, 1301 Stanford Dr., Coral Gables; $10, $5 seniors and non -UM students, free for members and UM students, fac- ulty and students with ID. 305 - 284 -3535 or lowemuseum.org: a Excavating Egypt-GreatDiscover- ies from the Petrie Museum ofEgyp- Tian Archaeology, traveling exhibi- tion tells the story of British pioneer and archaeologist Sir William Mat- thew Flinders Petrie. He participated in excavations in Egypt for more than 50 years. The exhibition dis- plays 221 of his most significant finds; through Nov. 2. Margulies collection at the Ware- house: The museum is temporarily closed for major renovations. It will reopen in early November with a new exhibition of sculpture, video and photography; it a.m: 4 p.m. Wednesdays- Saturdays; 591 NW 27th St., Miami; free. 3305 -576 -1051, Miami Art Museum: 10 a.m.-5 p.m. Tuesday- Friday, noon -S p.m. Satur- day and Sunday; 101 W. Flagler St., Downtown Miami; $8,$4 seniors, free for members, students and chil- dren and every second Saturday of each month. 305.375 -3000 or mia- miartmuseum.org: a Sean Duf y -New Work, the Los Angeles -based artist known for fus- ing multiple "turntables into func- tional single players displays his installation inspired by California POP culture of the 1960s. Features a 'TURN TO CALENDAR, 30 COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 2, 2008, beginning at 7:30 p.m., in the City Commission Chambers, 613D Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 33(E) ENTITLED "OUTDOOR SEATING /DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RD RESIDENTIAL OFFICE ZONING DISTRICT" IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; DELETING REPETITIVE SECTION 20 -7,29 ENTITLED "OUTDOOR SEATING/DINING USES AND AREAS '. (The,above ordinance is being advertised io the event that substantiaf changes are introduced at the August 27, 2008 meeting, therefore requiring a subsequent hearing). AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20-45 (H), (1), (J), (K), (L), (M) AND (M FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW SECTION 20 -4.12 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMITAPPUCATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR A REPEAL PROVISION AND A SEVERABILITY CLAUSE. AN ORDINANCE RELATING TO NOISE, AMENDING ARTICLE III, SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED, PROVIDING FOR SEVERABILIT., PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING. ' AN ORDINANCE RELATING TO A REQUEST TO AMEND THE LAND '.. DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING, GROUP HOME, AND MODIFYING THE DEFINITIONS OF COMMUNITY RESIDENTIAL HOME AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION 20 -3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE DISTRICTS WHICH WILL PERMIT BOARDING HOUSES, TOURIST DWELLINGS, AND GROUP HOMES. AN ORDINANCE RELATING TO THE PERMIT FEE✓FEE SCHEDULE; AMENDING ORDINANCE 32 -01 -1763 AND 15 -04 -1822 AS AMENDED BY ORDINANCES TO, INCREASING SOME PERMIT FEE, ADDING NEW FEES AND DELETING SOME FEES FROM THE SCHEDULE AN ORDINANCE RELATING TO THE CODE OF ORDINANCE; AMENDING SECTION' 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME LIMITS. A RESOLUTION FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT TO BE LOCATED AT 5600 SW 73'^ STREET WITHIN THE "SR (HD -0V)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 46 AND 47 LESS THE WEST 60 FEET, W. A LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. If you have any inquiries on the above items of ease contact the City Clerk's office at 305- 663.6340, ALL interested podia. are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Puauanl to Rodda Slatutes 286DID5, the City hemby advises the pubric that if a person deride; to appeal arty dec%ton made by Ih% eoeid, Ao y or Commission wish mspecl to any mailer ansidemd M its r—fmg m hearing, he or she will need a recoil of the Pm filgs, and Ihat for such purpose, affected person may recd fo ensum that a verbatim ricad of the pmme ipp is rtade which reco 1 'lodes 'be tes4mony and.Wd.o.e.i n which theappeal Ise, be based. 29 CK-M.'),-) SOUTH CITY OF i NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, September 16, 2008 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE 1, SECTION 2 -2.1 (B) AND (M)(1)(1k), IN ORDER TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE 11, SECTIONS 5 B, AND 6 B(3); AND EDITING THE ORDINANCETO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE II, SECTIONS 2 -6, 2 -7.1, 2 -1 Old), AND 2 -15, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE III "BOARDS AND COMMISSIONS," SECTIONS 2 -21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE 11, SECTION 8 Q AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 9, "ELECTIONS," SECTIONS 9 -1, 9-1.1.,9-2,9-3,9-6,9-7,9-8, AND 9 -10, IN ORDERTO BRING' THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT . SCRIVENERS ERRORS. A ORDINANCE RELATING TO AMENDMENT OF 2007 -2008 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST WITHIN EACH CITY DEPARTMENT PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER FOR THE BUDGET YEAR ENDING SEPTEMBER 30, 2008, AND TO INCREASE THE CURRENT YEAR BUDGET FOR DEBT SERVICE AND CAPITAL IMPROVEMENTS.(GARAGE LOAN) NOT INCLUDED IN THE FINALADOPTED BUDGET, BUT INCURRED IN THE CURRENT YEAR; AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY. AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (1), (J), (K), (L), (M) AND (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FORA NEW SECTION 20 -4.12 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FORA REPEAL PROVISION AND A SEVERABILt1Y CLAUSE. AN ORDINANCE RELATING TO NOISE, AMENDING ARTICLE III, SECTION 15 -91, OF THE " CODE OF ORDINANCES; CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED, AN ORDINANCE RELATING TO THE PERMIT FEE/FEE SCHEDULE; AMENDING ORDINANCE 32 -01 -1763 AND 15 -04 -1822 AS AMENDED BY ORDINANCES TO, INCREASING SOME PERMIT FEE, ADDING NEW FEES AND DELETING SOME FEES FROM THE SCHEDULE. AN ORDINANCE RELATWGTO THE CODE OF ORDINANCE; AMENDING SECTION' 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME LIMITS. A RESOLUTION RELATING TOA REQUEST PURSUANT TO SECTION 20- 3,4(B)(19) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT TO BE LOCATED AT 5800 SW 73° STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN, DISTRICT OVERLAY) ZONING DISTRICT-ON PROPERTY LEGALLY DESCRIBED AS LOTS 46 AND 47 LESS THE WEST 60 FEET, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. If you have any inquiries on the above items please contact the City Clerk's office at: 305- 663 -6340 ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMG City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that it a person decides t4 appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which t1r. appeal Is to be based. D1 I SATURDAY, SEPTEMBER 6, 2008 1 5B relating to the Social and Economic Development Council Ordinance amending Section 10 -33.02 of the Code of Miami -Dade County; pertaining to the Community Small Business Enterprise (CSBE) program for the purchase of construction services; providing for enforcement and penalties for failure to satisfy an approved CSBE make -up plan; amending Section 8cc of the Code of Miami -Dade County • Ordinance amending Ordinance No. 07 -129 to transfer eight percent local business tax revenues to the Beacon Council from the Office of Community and Economic Development; amending Section 8a -171.2 of the Code of Miami Dade County, Florida relating to local business tax • Ordinance amending Ordinance No. 07 -129 relating. to the transfer of eight percent local business tax revenues from Office of Community and Economic 'Development to Metro -Miami Action Plan Trust; providing such percentage shall be allocated by the Beacon Council to, Metro -Miami Action Plan Trust •.Resolution approving application of Excel Transportation, Inc. to modify Certificate of Transportation No. 123 to provide Jitney Service as a passenger motor carrier Transit Committee (TC) of Wednesday, September 10,1008, at 2:00 PM • Ordinance relating to seaport safety; amending Sections 28a -6.4 and 28a -6.6 of the Code of Miami -Dade County; requiring the Port Director to consider a stevedore applicant's work- related safety record in issuing stevedore licenses and permits; authorizing the Port Director to suspend or revoke stevedore . licenses and permits based on the stevedore's work- related safety record; creating Section 28a -6.7; requiring stevedore license and permit holders to report .work-related accidents, injuries, deaths and regulatory actions to the Director Ordinance amending Section 30 -388.2 of the Code of Miami -Dade County; providing that consistent with state law parking charges may be imposed on vehicles Misplaying a disabled parking" permit or license tag at any County Airport or' Seaport under specified circumstances, but that such charges may not be imposed for certain vehicles as defined in such state law Airport and Tourism Committee (ATC) of Thursday; September 11, 2008, at 9:30 ANY • Ordinance "amending Section 30 -388.2 of the Code of Miami -Dade County; providing that consistent with state law parking charges may be imposed on vehicles displaying a disabled'parking permit or license tag at any County Airport or Seaport under specified circumstances, but that such charges may not be imposed for certain vehicles as defined in such state law • Ordinance creating Aircraft Noise Abatement Advisory Board for Miami International Airport; providing membership, purpose, procedures, powers and duties Ordinance creating Miami International Airport Neighborhood Relations Committee; providing purpose, membership, procedure, powers and duties; staff Health and Public Safety Committee (HPSC) of Thursday, September 11, 2008, at 2:00 PM • Ordinance pertaining to animals; creating Section 5 -21 and amending Section 8cc -10 of the Code of Miami <Dade County; regulating the tethering of dogs; providing authority for enforcement by civil penalty All interested - parties may appear and be heard at the time and place specified. A person who decides to appeal• any decision made by any board, agency, or commission with respect to any matter considered at its meeting or hearing, will need a record of proceedings. Such persons may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based. Miami -Dade County provides equal access and equal opportunity and does not discriminate .on the basis of disability in its programs or services. For material in alternate format, a sign language interpreter or other accommodation, please call 305 -' 375 -3943. HARVEY RUVIN, CLERK KAY SULLIVAN, DEPUTY CLERK