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Res. No. 087-08-12684I �- MR WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), the Applicant, Green Monkey, Inc.. has submitted Planning Board Application No. PB-08-011 requesting a Special Use Approval to operate a new general restaurant to be located at 5734 Sunset Drive within the "SR(HD)" (Specialty Retail Hometown District) overlay zoning district. WHEREAS, a general 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(B)(4)(b); and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at its March 25, 2008 meeting the Planning Board, after public hearing, voted 7 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. a V Is I DK* V *we] M-0111i VON &VA I RAO I M WX 1] :3 117-110 yur,"I Section 1: The Special Use Application (PB-08-01 1) submitted by Green Monkey, Inc. requesting approval to operate a new general restaurant located at 5734 Sunset Drive, all located in the "SR(HD)" (Specialty Retail Hometown District) Overlay zoning 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. PASSED AND ADOPTED this 0 day of 2008 Res. No. 87-08-12684 ATTEST: 'GI-fY CLERK — Commission"Vote: 5-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea XAConun Items\2008\4-22-08\PB-08-011 5734 Sunset Rest Resolution.doc 1�. South Miami All-America CRY I V CITY OF SOUTH MIAMI I I I INCORPORATED 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: Sanford A. Youkilis, Acting Planning Directo Date: May 20, 2008 ITEM Request: The Applicant, Green Monkey, Inc. Inc. has submitted Planning Board Application No. PB-08-011 requesting a Special Use Approval to operate a new general restaurant to be located at the above referenced location. The proposed restaurant is located in the "SR(HD)" (Specialty Retail Hometown District) overlay zoning district. A general restaurant is permitted with Special Use Approval. STAFF ANALYSIS "TE 6'applicant is proposing to open the "Green Monkey" Which will be a"66nibiridtion yoga center and restaurant in an existing two story building located at 5734 Sunset Drive. A yoga center is considered a personal skills instruction studio and is a permitted as of right use in the "SR(HD)," Specialty Retail Hometown Overlay Zoning District. A restaurant -use is classified as an "S" use which requires a special use hearing procedure. (2) The restaurant will be on the first floor occupying 2,640 sq.ft.; in addition there will be a retail novelty shop of 614 sq.ft. The yoga studio will be on the second floor and will occupy 2,977 sq. ft. (3) Required parking spaces are as follows: restaurant -27 spaces; retail shop- 3 spaces; yoga studio- 12 spaces. A total of 42 parking spaces are required. The building at 5734 Sunset Dr. was constructed in 1970. The City Commission in 1969 granted a variance (Ordinance No. 26-69-658) allowing for the building to be built without off-street parking spaces. Based upon the size of the first floor, 3,254 square feet, the building was essentially "grandfathered" or "credited" with eleven (11) off -street parking spaces by the variance approval. The first floor was occupied by a shoe store which would have required the same eleven (11) off-street spaces. A new use (i.e. restaurant, yoga studio) which occupies the building and has a total parking requirement above the current 11 grandfathered spaces will require that additional spaces be provided. A total of 31 additional off- street parking spaces must be provided. (4) The applicant has advised that they will meet their additional requirement of 31 spaces by utilizing off-site parking provisions set forth in Section 20-4.4(F)(2), which allows parking requirements to be satisfied by a long term lease for surplus spaces within 1000 feet. The applicant has submitted a long term lease agreement with Mark Richman Properties Inc. which is satisfactory to the City Attorney. A copy of that lease is attached. 2 Planning Board Action: The Planning Board at its March 25, 2008 meeting adopted a motion by a vote of 7 ayes 0 nays recommending approval of the special use request with a condition. Parking Board Comments The City's Parking Board at its March 21, 2008 meeting reviewed the proposed application as part of its duties to comment upon use of off-site parking to satisfy required parking. The Board adopted a motion by a vote of 4-0 recommending that the Green Monkey application be approved with the following conditions: (1) the Parking Board felt that the discrepancy in the Land Development Code allowing the use of ]eased spaces vs. payment into the Parking Infrastructure Fund in the Hometown District should be resolved; (2) the City should consider other options which could be used to assist in meeting parking requirements. Recommendation: The requested special .use approval for a restaurant at 5734 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 of Intent Parking Lease Planning Department staff report (3-25-08) Planning Board Minutes Excerpt (3-25-08) Floor plans Public Notices SAY X:\Comm Items\2008\4-22-08\PBO-08-011 Special use Rest5734 Sunset CM Report.doc of ; S outh Min mi Ci�y plafqal�-0L� 1 & Zoning;Department 41 City Hall, 6130 Sunset Drive, South Miami, Florida 33143 V Telephone: (305) 663-6326; Fax: (305) 668-7356 Application For Public Hearing Before 11�Tminor Board & City Commission �Address of Subject Property: Lot(s) Block Subdivision 1 5734� SW Meets & Bounds: Street- PB, See Exhibit "A',' iApplicant: Green Monkey., Inc. Phone: (310) 666-3258 PUD Major Change XOther (Waiver of Plat) Representative: George M c Ar d i e Organization: M c A r d l e & Perez , P. A. IAddress: 201 Alhambra Circle, #711 Phone: (305) 442-2214 Special use permit for a - Coral Gahl es FI .3,31,34 X 15 copies of Site Plan and Floor Plans* Property Owner: , Balogh Erdheim, Prtrsh Signature: 1 reduced CODY g 11 " x 17" Mailing Address: 777 Arthur Godfrey Rd. Phone' (305) 785-8394 attesting to mail notice sent Miami- Beach,' FI X lArchitect/Engineer: Mailing labels (3 sets) and map Phone: Required Fee(s) Blitstein Design (305) 444-4433 THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: I—owner —Owners Representative _Contract to purchase _Option to purchase _LTenant/Lessee APPLICATION IS HEREBY NViADE FOP, THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY, —Text Amendment to LDC `Variance . X` Letter of intent Zoning Map Amendment X Special Use Justifications for change PUD Approval —Special Exception —Statement of hardship PUD Major Change XOther (Waiver of Plat) — Proof of ownership or letter from owner — Power Of attorney Briefly explain application and cite specific Code sections: X - X Contract lo-purcbase - L e as e Current survey (I original sealed and Special use permit for a signed1l reduced copy @ 11" x 17") X 15 copies of Site Plan and Floor Plans* restaurant 1 reduced CODY g 11 " x 17" —Affidavit 20% Property owner signatures or 3.4 �19) attesting to mail notice sent Section: 20 Subsection'_ age #.47 Amended Date: X Mailing labels (3 sets) and map X Required Fee(s) The undersigned has . read this completed application and represents that the information and all submitted materials are true an( correct to e f 's gowledge and belief 2120 /08 Applicant's Signature and title Date Phillip Asquith, President Upon receipt, a %plications and all submitted materials will be reviewed for compliance with the Land Development Code and othe applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. Os F I C E USE 0 NILY: Date Filed Petition Required, Method , thod of Payment 11/19/07 Date of PB He2rir Petition Accepted Date of Commissio City of South Miami PB -08 -01 l Special Use - Restaurant 5734 SW 72 Street ' 0 300 600 9DD 1,200 N W E -1 Feet 1,500 S Made by City of outh Miami, Engineering & Construction, 3113/2008. GIs Data by Miami -Dade County (11/2007) 5950 m -- ti 6��a 5798 5780 93 5712 5750 _ --._ 5907 : s •. ��. -- - - -- 6645 - _ , �� 57640,' s seci S ?, - - g SW6MST N\ti R^ � CL 6001 � 5927 - -_ - -' — 5867 5890 `IP, ' 6v 5B01 o� — SW 70TH ST - -- — - - - - -- i• 5959 o ! '-.._ __� ® op�RP�� gF 5620 5715 ® ° SW 71 ST ST t SU4-71zgi-ST -- SUBJECT @ 6075 i I PROPERTY,!- ..� 5703 f -- _ SUNSET DR SW 72ND ST _ 5950 5800 , . � S.q • __. - - _- 5700 , t- --- -- i 7230 5738 - 5859 568 -1 5 5629 n 5750 I 7230 cp Li 579$_- �_ -'SW 73Rasr _.- _- ..._._, —._ -� ---- --I j bbb - -5940 - - - -( - - - - --- -- - --- -- - - - - - - -- � - o-; - -- --- - - - --- - - - - -_ ' 7311' -7 w 7331 ;- i 5824 ¢ v + ' - -- - -- 7320 0 <; 5950 -73 ^t 7310 _. - - -- - -- - -- . - -- 5795 7J70 7301 5791 ? 7390 6022 - -- - -_- - 5901 — - -- - - -- ._ -_-___ -- -- - - -- - - -- -- - - ® ~ ® ;soQO, swr4T�sT— -- - - - - - - --- - -- - - -' -- h i i 5950 5901 5675 5601 5791 7400 n -_ 0 7400 ® i ` — -- � -- -- - era 7410 7420 SW 74TH TER -_ -- -- 7420— -- -- - 7441 7430 !S 1 " - -. 7440 ., F-i C� : r-- - - -- - -- -- - 5890 5BOD r ti 5730 7450 _— — 7500 7511I - 1 s '. 7505 7500 7500 - - - - - - 7540 7515 7500 t- -- - - - --- - -- - - -- - �t --- 7520 i 7520 7521 7510 '- -- - - -- � 7520 _._.- ._-- --- -- - - -- ', --- .-- o. � - ---, "� 7541 7532 7533 ® — 5991 m rn ' rn ' m 7530 7563 7546 7550 -� -_�� _�- - - -. -� - -- - — 7549 _ j 6DOp ? ? 7601 7600 ..i 7601 760D 1 7611 —� 5862 7610 w s,�� 51t3 :' 5723 Made by City of outh Miami, Engineering & Construction, 3113/2008. GIs Data by Miami -Dade County (11/2007) GREEN MONKEY, INC. 5734 SNV 72 lid Street South Xfialni, Florida 33143 Telephone (A'S) 666-3258 February 18, 2008 Julian Perez Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Letter of Intent for the Application for Special Use at 5734 SW 72" d Street, submitted by Green Monkey, Inc. as Applicant Dear Mr. Perez: The structure is located on 5734 S.W-Jend Street. It will have 6,231 square feet of retail/restaurant on two floors. There will be 3,254 square feet on the ground floor and 2,977 square feet on the second floor. The ground floor will consist of 2,640 square feet of restaurant and 614 square feet of retail The second floor will consist of 2,977 square feet , _,/,of Amqii.p There will 31 parking spaces provided by lease. cc 5' AM 5t4l6v IK5k-vL 1 Va - C We are applying for a Special Use Pen-nit. As required by Section 20-7.12(A) of the South Miami Land Development Code ("LDC"), application is being made for special use permit under the Hometown District Overlay Ordinance for one general restaurant to be located on a portion of the ground floor of the above referenced structure. We have reviewed the "Required Conditions" of Section 20-5.8(5)(1) ofthe LDC and are sure that the restaurant will not adversely affect the health or safety of any person in the vicinity and will, in fact, have a positive affect on the public welfare, and ' p improvements in the neighborhood. Thank you for time and consideration. Very truly yours, Green Monike By- Phillip Asquith, President -PARKING SpACF AEI E 2 This Parkizg Space A&L'eemertt is Mde and entered in this 008 ("P-ffOctivC, Date'), betweca GREEN A4oNK_Ry, INC, 4 day of April RICHMAN PROPERTIES, " Plorda COMM- tion ("Tenant") and MARK INC., a Florida corporation ("Lasidlord"). Ul;E OF SPACE. Landlord does hereby agme to allow tile Temt to have the use of thtr"jac (3 1) Undcsignated park-ing,,;pace--, (the 'Tatking Spseeg-) X 73 Street, South Mianii, Florida 33,143 (the "Purking FaciliV') for. the parking of located at 5829 S at the South Mlian-j Municipal Parking C-arage vehicles of principals, owneTs, eMPlOYeC3, guests and inivitees of Tenant. Tile parking include only numbered Parldng spaces within the Parking Facility. Spaces shall 2. TJFRM. This Agre)-, at shall be for a term of sixty (60) moaffis beginning on the date of the issuance of a CenifIcatc of Occupancy or Temporary Cenif1cate Of Occupancy, or their equivalent, for Tenatit"s retail store located-,.-,'�at 5734 SfW. 72, Sweet, South Miami, FloriMont 143 by the Ci Miami ("CO Date') and terminating an the last day of the sixtj�-th (60 r) h foll ou("Tem-iination Date). owing the CO Date 3. R'F- 4T. Tenmg agrees to pay tie base monthly rent Basc P-6nf% which shall be THREE, TRO'USAND ONE HUNDRED AND 00/100 DOLLARS (S3 tax, for the first 100-00) per tenth, plus applicable ,,gales or before the %y of each molath to Landlord or his agent by mail or in person to Landlord at the address First W) d, tN�elve (12) mont'L;' following th-� Rent COMmell0ement Date, W advatice on listed below (the "Rent). 4. RENT COMMENCEMENT, Payment Of mnt, Plus apPliMblesales tax, shall commence on the earlier of CO Dete or the date which Is One Au died and twenty (120) day ("Rent Commencement Date"). s f011Owing the Effective Date 5. RENT ESCALATION. Boginyting on the first day of months 13, 25, 37 and 49 subsequent to Rent COmmencement Date, Base Rent shall be one hundred and three- per cat (1030/,) of the Base pent in the immediately pnr—eding twelve (12) months, plus applicable sales tax. (E.g. the Ease ,= for Montlis 13 through and including month 24 shall be THRF-E. THOUSAND ONE 14LTNDRED NINTy_THR . AND 00/100 DOLLARS ($3' -193,00), plus applicable sales tax). FE 6. LATE CHARGE. If Tenant fhns to pay to Landlord when due any installment of the R= or Other sum du to Landlord, Landlord vf ill incur additional cVpnses and incollvanim1m readily ascwtainable and which has not in an arnou* nt Dot bl�-`u elsewhere Provided for between Landlord an Tenant fails to pay Landlord any installme d Tenant. if days after its, due date, Tenant agr at of Rent or other sum to be paid hereunder within five (5) .ces to pay a late charge equal to five (5)- Per=--t -of the late amotult. :Provision for such late charge shall be in addition to all other rights and remedies available to Landlord ,hereunder or at law or in equity and shall not be construed as liquidated damages or a penalty, or lirniting Landlord's remedies in any manner. Jn addition, Landlord may assess a One 1-jundr and /1 0 or any check fromymmt returned to Landlord for insufficient 3. DoUars ($100,00) charge f 'ez ed No 0 um fund 7. TEMITNATION. The Landlord may terminate this Agreement fifteen days after written notice- if the Tenant is in breach of this Agreem=, including auy abuse of parking PriviJcgF--s and/or violations of any applicably., laws, statutes, regulations, ordinances or posted parking garage policim 8. TENANT'S USE. Tenant agrees to use the Parking Space for business purposes only, and fm1her agrees -not to 11sc the Parking Space or any pan thereof for any illegal or improper purposes; and Tenant further covenants that the Parldng Space will not be used for any purpose that will violate arty policies of ins=nce, on the Farling Facility OF the premises sl whcll said increase the Fate Of PMMium thwcor Tcn&.F parkngl�acility is l0caEcd or which will the cDnfincs 4. of the Parking areas timt wouldQhx1l ftWL'P=[t cmy no'se., digttlrbaucc or nuisance within I detrimental to Lanfflord. Landlord,s t t neighbors. Test's a== 10 The Pa&jng spaces shall be through the La ' cuan s or , rePlac0=11t, at Landlord's sole disscrejion, ndlord?s deaw prograq, of its 9. NOTICES, %rherever any notice is required wdting. Any notice or document requirW OF Pal"itled hereunder, stich notice shall be in Or P=dttcd to be delivered heramderq. all be dammed to e delivered. wbether actually received or ilot, three (3) business days 11 ce ed b States mail, Postage Prepaid, Ceilified Or Registered Mail, ' after it is deposited in the United Retina Receipt Requested, or one (1) business day after delivery to a nationally reeognized coufjor service, addressed to the parties hereto at the rospective addrdsaes; set forth below, Or at Such other address as wfitten notice. a Patty may have hereafter specified by Landlord: MRP properties'jac. 18500 N8 5'h Ak,6nue Mialni, Florida 33179 Attn: Mr. Mark P-johman Phone: 305.652.7Q98 Fax: 305.652J617 Tenant: re&, R-D " t Ir Att= 5-7-W 'elvll P/fV?- 310 666 3)-g-3 Phone: Fax: 5u -rate- J e 10-- DEPOSIT. The Tenani'must y to landlord, Pa . upon C%6=60n of the Agreement, a THREF, TUOUSAND ONE HUNDRED AND 001100 Dollars ($3,100.00) deposit to be held during the entire duration of this Agreemeat Landlord may use this deposit to pay for any lost or damaged pmmlit decals Or any delinquent amounts owed by Tenant to Landlord and Tenant shall be required to submit to Landlord the amount of secucity deposit utilized by Landlord no later than. the First (V'� day of the :Following Month. 11. DISCLAIMER. Tenant affi=s his understandiug that Landlord does not furnish attendants for the Parking of automobiles, and it any '4 " IoYct� of Landlord shall, emp at the request of the Twant or Tenant's employees, guests or invftees,, handle, move, park or drive any vehicle placed in the Parking Facility!', then, and in -e-very case, stack enVl* oyee shat( be deemed the ag�x t of Tenant, and Tewmt, rtot the Landlord, shall be liable for any loss, dainagp, injury or expense that may be suffered Or sustaiacd in connection thoruwith or arising from the acts af T=mt or any eniplOYee who may be acting as agent of Tenant. This Parking Facility only provides Parking Spaces and does not provide safekeeping for vehicles. Landlord will not be responsible if the vehicle of a principal, oviner, employee, guest or invitee of Tenant is stolen or damaged. Any attendants that may be present at the Farling Facility are unable to verify the ownership of vehicles departing the Parking Facility. ALWAYS LOCK VEHICLES. Landlord is not responsible for item left in any vehielp, parked in the Parking Facility. The Tenant and its employees, guests and invitees; park at their own risk and the Landlord takes no respmibility for valuables or possessions left in vehicles or any third party damage that could occur while vehicles have been left in the Farldrig Facility and/or Parking Spam. Landlord is not responsible for fire, theft, damage to, or loss of car or any article left in the Parking Facility and/or Parking Spaces, and all such risk shall be assumed by tht�- Tomtit. The S rn.p.h. SPCCd limit must be observed at all times. 2 12. _f0VRNG- Vehicles Parked Outside of del�aeatcd pa -"ace Or P,'Xk1d in an &rea which is not a rmmb ar Landlord 01E�s ("e, not P ked 'Witbia ctgy one ,red parking spaced and/or LarAord,s agent at the Tenantls expw should its *'chicle be towed- 41se. Tenant assumes to towing by. 13, me�q solo r=P`12.sibilitY and cost Landlord that Sur end warraut to Lan%ITY* the P�rson(s) =ecutiOg this Agr,�ement On AUTHOP 'h 14 ')tectl6or 1 has tbAt UPOTI such execution this Agrftment willb--en duly authorized behalf Of Tenant hereby X-eprese ,nt by all Mquisite action of Tenant so accordance with its terins. be binding upon and enf 14. 13rt4D'NG E'FFEC-r, This Agreement shit be effective against I-enant in ective only when it is si Vndjord Md Temilt- The Temrats qubmission gned and delive by botl) the L Landlord ous not give the Tqr�ant of a signed Agreement red any intqfeg� right of option a .7 the Parking Spaces, for review by tho 15. BROKERS. Landlord and Tgnart with any broker in con rePmsent. and warrant to the other that th Mvion with this Agreement. Landlord and Ter=j agree to indq other harmless fmm all costs, 10gsos' Cy have not dealt attorneys' fees and expenses) da-m9§03 aad expemses (inclu mnifY aud hold the f, arising Out Of any breach of this repT - $I - without "MitatiOn, reasonable: 16. esentation and warranty, CI-101CH OF LAW, VEN*U)E; SEVERABILITY. The laws of the St to Of Florida the interpi-r—,,ation . a - shall govern I validity, Perforinaricc and enforcement -Of this Agreement. V this Agreem,,_71t shalt be in Miam,_Dade C, invalid or micaforceablo,. the OuntY� Florida, Of the Muc fOy any actioll under validity and -.nforceabffity If any provis'o of t'Vs Agmment is held to he shall not be fbffected thereby. I I rmnaf:uing Provisions Of this Agreement 17. EN-11RE AGE EmENT_ This Agrement contains the entire no agreement shalt be C�ffeetjva to OL'angel Modify Or Wmlinate this agt'eement b0tween the parties, and the agreemeTlt is in writing and duly Signed by the party agaimt -_'�Wcement in Whole or In Part unless M EXCULPATION OF Whom enforcement is Sought. members) to Tenam (or any LANDLORD. The liability of Landlord (and any Pin Or entity clahm its Partners, shareholders or Landlord under the terms of this Agrecn=t "ng by, through or uader Tenant) ing Facility andjor parldng Or EMY matter relating to or wising out of occupancy or use of the Pa:k Spaces sball. be recoverable only frM the for any &fault by in tile Parking Facility (and any Proceedi from . interest of Landlord shareholders ':)r members) shall not be ' the sale tilcreof), and Landlord (and its Pcr�* liable for any deficiency., Partners, 19. ASSJGNMENT. Tennant agrees of Laindlord, 110t-to assign this Agreement without the prior written PcTmission -2()-' SUCCESSORS AND ASSIGNS. The terms, Provisions and Agreement shall inure to the benefit of and be bin&ng upon the covenRms contained in this $uc'cessors and permitted msigns. Parties hereto and their respective 21. WAI�'13R- One or more waivers of any covcnant� party shall not term Or couditiOn, Of this Agreement be construed as a Waiver of a subsequent broach of the by either The ccmserit or approval by either party shall not be construed same cOvevant, term or condition. same covenarJl:, tern or conditiOlL The Consent or a as a aiv of a . bseq t er PartV .Party requiring such consent Ora sbalj not be pproval by eth.'w er su Uen breach of the approval of any subsequent similar art. Without lin, tin6, the PAY to or Of any act by tl2a other diec'med to waive or render unnecessary consent to or with knowledge foregoing, gm of a breach of any Coven -receipt by Lartdjord of any Rent ant or agre=ent contained in this Agreement shall not be 3 de r? a a walver c)'. such br`eaCh, =d no waiver by Landlord ofanyp si 11 of i's deerned to bave d fOvi 0 th Agree�d3uat afiall -bc 6' "'adc Witless in writing a- ad signed by Landjogd. 22. LEGAL ,TENSES' U 2AY actork or Proceeding is the prevail, 9 MftY shaU be reimb`WSed for rworlable Costs comm=ced by either Landlord or Tcnant judgment is rendered in such action or proceeding), and aftoyneys, fees (regardless Of whether a 23, WFF-RPRETATION. ordy and Ca`Pt'Ous thxOU9110ut this Agreement are for convenimco and referc-nce the %vords c0lltatlled thwCin shall in no way be held to explain, modify. interpretation, constmtion or r2eaning Of the Provisions of this Agreemertt, amPlify or add in the 24. FOR-CF-E MA)SME. Neither' 'shall be required to perform covenant in tWs'Agreemeat so long as awry term, condition, or shall mean tact, SUCh PeFFOnnaMC is delayed or pm!Mnted by force rnajmw q of Crod, labor e disPuzcs Owhethw lawfut or Wt) tabor " which any governine matcaial or shortages, rustfictions by sent autb-oritY,,Icivil TiOts - ..�?Ioods, and the party cld any o0ior cause not rea9GtIabIY within the control of mIng force Mien and wi�hi"ieh by thz exemise of duo diligence such party is unable, WJJoUy Or itl part, t* Prevent or ovemome. Lack of ynoney shall haU not be deemed force InajP'Ure, 25- )367'OPPEL CERTIKCATE. T:ghant shall within ten famish to 1-t-EndlID , (l Q} -days wdtten request &om Landlord , w'tlloat cost, a written inStrtErneflt Certifying ties Landlord; (a) That this Agmeme,,t is rodifled and in full f0mv and been a modifi cation. efrcct (or if there has that the sane is in full force and effect, as modificd),'and stating the Modification; (b) The dates, if any, 'If the R6,t due and Payable under this Agri�znjcnt W11ir r=ains unpaid; h Maher the L-m' this A gr ftmmt and Ilas failed to Perfam' airy c0vMatIt tetra or condition trader ad die mature of such failure, if any, and (d) Such other rmsonablc information as may be reguested by the, Landlord. ,N,Xr[TNpSS above written. _ WHE R_BOF, the parties hereto have executed this AgMernt:nt on the date.first GRE-UN MONKEY, a F10-rida -corporation N , Name: P Ip qilith Title: Vice-President 4 <1� our South Miami 0 All-Amerim CRY U) \INCORPORATED ,92.7 C) --it ,90 2001 To: Honorable Chair & Date: March 25, 20010 Planning Board Members From: Sanford A. Youkilis, AICP Vel Re: Special Use Approval Acting Director of Plannind, Restaurant South Miami 5734 SW 72 d Street PB-08-011 Applicant: Green Monkey, hie. Location: 5734 SW 72 Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO -A REQUEST PURSUANT TO SECTION 20-3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72n' STREET WITHIN THE "SR (HD-OV)11 SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE 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 new general restaurant at the above referenced location. The proposed restaurant is located in the "SR(HD)," Specialty Retail Hometown Overlay Zoning District. A general restaurant is permitted with Special Use Approval. A general restaurant shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready-to-consume state and where the design shall provide a sit-down area for the customers. STAFF ANALYSIS (1) The applicant is proposing to open the "Green: Monkey" which will be a combination yoga center and restaurant in an existing two story building located at 5734 Sunset Drive. A yoga center is considered a personal skills instruction studio and is a permitted as of right use in the "SR(HD)," Specialty Retail Hometown Overlay Zoning District. A restaurant use is classified as an "S" use which requires a special use hearing procedure. (2) The restaurant will be on the first floor occupying 2,640 sq.ft.; in addition there will be a retail novelty shop of 614 sq.ft. (3) The yoga studio will be on the second floor and will occupy 2,977 sq. ft. (4) Required parking spaces are as follows: restaurant -27 spaces; retail shop- 3 spaces; yoga studio- 12 spaces. A total of 42 parking spaces are required. The building at 5734 Sunset Dr. was constructed in 1970. The City Commission in 1969 granted a variance (Ordinance No. 26 -69 -658) allowing for the 5 734 STV 72 St. Special use approval March 25, 2008 2 (5) building to be built without off-street parking spaces. Based upon the size of the first floor, 3,254 square feet, the building was essentially "grandfathered" or "credited" with eleven (11) off -street parking spaces by the variance approval. The first floor was occupied by a shoe store which would have required the same eleven (11) off-street spaces. A new use (i.e. restaurant, yoga studio) which occupies the building and has a total parking requirement above the current 11 grandfattiered spaces will require that additional spaces be provided. In the case of this proposal 31 additional off-street parking spaces must be provided. (6) The applicant has advised that they will meet their additional requirement of 31 spaces by utilizing off-site parking provisions set forth in Section 20-4.4(F)(2), which allows parking requirements to be satisfied by a long term lease for surplus spaces within 1000 feet. The applicant must present a-lease agreement which is satisfactory to the City Attorney and City Commission. prior to final approval of the special use request. 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. hi addition, special uses may also be required to comply with supplemental requirements, which are set forth in Section 20-3.4(13)(4)(b). In the case of ageneral 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 riature 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. PARKING BOARD COADUNTS The City's Parking Board at its March 21, 2008 meeting reviewed the proposed application as part of its duties to comment upon any use of off -site parking to satisfy required parking. The Board adopted a motion by a vote of 4-0 recommending that the Green Monkey application be approved with the following conditions: (1) the Parking Board felt that the discrepancy in the Land Development Code allowing the use of leased spaces vs. payment into the Parking Infrastructure Fund in the Hometown District should be resolved; (2) the City should consider other options which could be used to assist in meeting parking requirements. RECOM-AMNDATION The requested special use approval for a restaurant at this location complies with the LDC requirements 573-4 ST47 72 St. Special use approval March 25, 2008 set forth for special uses in Section 20-3.4 and the conditional use requirements set forth in Section 20- 5.8. Approval of the application with the following conditions is recommended: (!) Prior to the transmission of this application to the City Commission the applicant must present a Iona term lease agreement for 31 off-site parking spaces; this lease must be satisfactory to the City Attorney. (2) If the proposed general restaurants are, in the future, deterinined 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 Floor Plans LDC Section 20-4.4(F)(2) Copies of Public notices SAY X:\PB\PB Agendas Staff Reports\2008 Agendas Staff Reports\3-25-08\PB-08-01 I Special use Rest, 5734 Sunset.doc U INCORPORATED RATED 1927 9) It CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, March 25, 2008 City Commission Chambers 7:30 P.M. EXCERPT 1. 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. 11. Roll Call. Action: Chairman Morton requested a roll call. Mr. Jorge Cruz was duly sworn in as the new Planning Board member. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, Mr. Davis, Ms. Yates, and Ms. Chael. City staff present: Sanford A. Youkilis (Acting Planning Director) and Lluvia Resendiz (Administrative Assistant). Action: Mr. Morton read the item into the record. Mr. Youkilis advised that the applicant is requesting a special use approval for a restaurant on the first floor and the Yoga studio which will be on the second floor. The restaurant use requires the special use approval. Both uses combined require total of 42 parking spaces. The building in 1969 was granted a variance allowing the building to be constructed without off-street parking spaces. Based on the size of the first floor the building was Planning Board Meeting March 25, 2008 Excerpt Page 2 of 3 credited with eleven off-street parking spaces. The first floor was previously occupied by a shoe store which required eleven parking spaces. The new use will be credited the eleven spaces however it must provide the additional 31 required spaces. The applicant has advised that they have a five year lease with the City Municipal garage. The lease agreement will be presented to the City Attorney and the City Commission prior to the final approval of the special use. On March 21, 2008 the Parking Board adopted a motion by a vote of 4-0 recommending that the Green Monkey special use application be approved with conditions; (1) the Parking Board felt that the discrepancy in the Land Development Code allowing the use of leased spaces vs. payment into the Parking Infrastructure Fund in the Hometown District should be resolved; (2) the City should consider other options which could be used to assist in meeting parking requirements. Staff recommended approval with conditions Mr. Morton was concerned that the Board's recommendations made to the parking moratorium ordinance have not been seen by the City Commission. He was concerned that the Board might recommend an item having a condition regarding the parking moratorium. Mr. Youkilis advised that the City Attorney ruled that the ability to lease spaces as listed in section 20-4.4(F) is available City wide including the downtown area. Therefore the applicant will satisfy the parking requirements with a five year long term lease without having to pay into the parking fund. Ms. Young questioned if the language "long term lease of five years" was indicated in the resolution. Mr. Youkilis rep-lied it was a decision made by the City Attorney. After the five years the business has to close if the parking lease does not continue. In doing a five year lease the applicant is given the opportunity to lease- from another parking facility. Mr. Youkilis also advised that the parking situation may be resolved by either providing a five year lease, paying into the infrastructure fund, or with a variance. Mr. Cruz expressed concerns regarding the monitoring process and questioned who would carry the responsibility to ensure that the lease would not follow through for the complete five years. Mr. Youkilis advised that the when the annual renewal of occupational license is applied for a copy of the parking lease is required before the renewal is issued. Mr. Morton advised that the Yoga area illustrates showers however no dressing rooms are illustrated. Mr. Asquith, applicant, replied that no enclosed dressing rooms were provided due to the space limitations. Mr. Youkilis requested that the applicant indicate whether he had problems with staff's conditions and the applicant responded that he had no problems. Mr. McArdle advised that once the five year parking lease is drafted he will provide staff and the City Attorney a copy. Ms. Young questioned the name selection behind "The Green Monkey." The applicant replied that green is a color of renewal and also a happy color associated with the clean energy movement which is something important to them. Green is also a color associated with Yoga. The word monkey is happy, friendly, and non gender and/or age specific. It was a name which seemed to appeal to everyone. Mot-ion: Ms. Yates moved to approve the special use application as presented and Ms. Planning Board Meeting March 25, 2008 Excerpt Page 3 of 3 Young seconded the motion with staff s conditions: 1. Prior to the transmission of this application to the City Commission the applicant must present a long term lease agreement for 31 off-site parking spaces; this lease must be satisfactory to the City Attorney. 2. 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. Vote: 7 Ayes 0 Nays XAComm Items\2008\4-22-08\PBMin-03-25-08 Excerpt Rest Yoga.doc MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DARE: Before the undersigned authority personally appeared VERONICA 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, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of . CITY OF SOUTH MIAMI PUBLIC HEARING 4/22/2008 in the XXXX Court, was published in said newspaper in the issues of 04/10/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant 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. Sworn to and subscribed before me this 10 A.D. (SEAL) MkRIA 1. MESA Myc MMISSION # DD 750170 ............ A 9,6 - March 4 201 VERONICA PEREZ n 11P Bonded Thru Notary Public Underwriters AMR mm (61ry oF 9 in" mural NOTME OF PUBLIC HEAPROM0 NOTICE IS HEREBY given, that the City Commission of the City.0f South .Miami,' Florida will conduct.-Public Hearings at its regular City Commission meeting schedule6 for Tuesday, April 22, 2008 beginning at 7:30 p.m. �in-th6.0W'.06-rimissibn Chambers, 6130 Sunset Drive, to consider the, follciWlng ltd'msl._' 7 A RESOLUTION OF TH E, MAYOR AND CITY COMMISSION OF THE- CITY OF SOUTH: _.MIAMI, RELATING TO A REQUEST PURSUANT.-.TO . :SECTION - 20-3.4(13)(4)(b) OF THE 'LAND DEVELOPMENT, CODE, FOR A SPECIAL USE APPROVAL TO LOCATE.&GENERAL- RESTAURANT LOCATED AT 5734 SW .72nd STREET WITHIN,THE "SR (HD-OV). SPECIALTY RETAIL N ST ' ERLAY) ZONING DISTRICT; AND, 01 . RICTOV PFibvibiNG AN EFFECTIVE' DATE. .,RESOLUTION DF, THE, MAYOR AND CITY COMMISSION OF- RELATING MIAMI; FLORIDA REL. CERTIFICATE OF APPROPRIATE-�, 'NE ',Qk'§LjX gi�-�P NT 20-5.19(E)(3) OF THE VELoPNIENT,PQPE FOR THE INSTALLATION OF A FIRST FLOOR *ARCADE QF,„?N,;:DESIG.NA.TE.D, .H.ISTORIC. COMMERCIAL BUILDING v LOCATED.,AT -5851- SUNSET DRIVE (SHELLEY BUILDING); ORi�'�fblk!6'AN- PFFE&IV. ATE. _-,�- _RESOLUTION! DF.J. I. MAYOR AND' CITY COMMISSION Gil'.7*Of:SOUTH- MIAMI, FLORIDA. RELATING TO t OF` APPRbPRiAtE- N p.j3 VANT-TQ--,SECTION20-.5.19(E)(3) OFTH5 LAND CODE FOR THEINSTALLATION OFAWALLI ;.f '�A . DESIGNATED HISTORIC COMMERCIAL - Ti §tl, 9 LOGA7 ED AT, 5B5 [FIT. bRiVE•:(SHPLLEY' • L IDINGAN EFFECTIVE DATE. :ARESOLUTION -OF.THE MAYOR AND CITY COMMISSION DF::THE, C1TY,OF SOUTH MIAMI, FLORIDA RELATING TO T E ISSUANCE--OF AtCERTIFICATE OF APPROPRIATE- NESS ! URSUANT_;,,T?.-- SECTION 20-5.19(E)(3) OF THE t-LANb.btVELO'RMENT•CDDE FOR THE REPLACEMENT FACADE WINDOWS AND' DOORS ON A DESIGNATED HISTORIC COMMERGIAL 1. -BUILDING LOCATED _,AT -AT 5712.,. SUNSET DRIVE . (CROSSROADS BUILDING); PROVIDING AN EFFECTIVE DATE. AWORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,• ADOPTING-THE EVAULATION AND APPRAISAL REPORT :(EAR). BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE- PLAN; THE AMENDMENTS ARE 'TO THE: - GOALS OBJECTIVES, AND POLICIES FOR THE .FOLLOWING GOALS,:- PLAN ELEMENTS: FUTURE LAND USE',TRANSPOkTATION;'HOUSING; INFRASTRUC- TURE;.GONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS;; PROVIDING FOR SEVERABlLrI-Y, ORDI- NANCES 10i CONFLICT;:.AND PROVIDING AN EFFECTIVE -. DATE_ i46f[C—E, I,S- 'HERE'B'Y . also : g Men that the regularly scheduled second meeting month-ofAp April was moved . from April 15 to April 22, 2008. If you 'hav'e, any inquiries on the above items please contact the Planning Depaitmeni's officedt. 3b5-663-6326. 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 ' if a parsow.-deckles to appeal any decision made by this Board, Agency or Commission With. respect to any matter considered at its, meeting or hearing, he or she,&ill 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 includesthe testimony and evidence Upon Which the appeal is to be based. ' 4/10 08-3-64/998049M 40 co O 0 ry _J Cf a 0 LnLn Ujz Uj 0 7P 2, E E O Y lu ' 7- U) M: ;, , A yoga based class also comb: Pilates and Tai Chi, instructec World Champion Martial ArtiE fitness instructor Nicole Plum Top quality classes to help pe improve and maintain health positive and fun way. Classei Monday, Tuesday, and Wedne from 12:00 p.m. � 1!00 p.m. Academy' of 2830 Oak Ave. Coco: Challengeyourfitne s s @e arthlink. net COURTESY NOTICE. CITY OFSOUTH MIAMI, FLORIDA On Tuesday, April 22, 2008, beginning at 7 :30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will.hold 06blic Hearings to consider the following items: F A RESOLUTION . RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A' SPECIAL USE APPROVAL TO LOCATE A GENERAL' RESTAURANT LOCATED AT 5734 SW 72n1 STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL/ (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT. A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION:20- 5.19(E)(3)_'OF THE, LAND DEVELOPMENT CODE FOR THE.INSTALLATION OF A HANGING SIGN IN THE FIRST FLOOR ARCADE. OF A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A WALUFLAT SIGN ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING).. A• RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20 -5.1 %E)(3) OF THE LAND DEVELOPMENT CODE FOR THE REPLACEMENT OF FRONT FAQADE WINDOWS AND- ODORS ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5712 .SUNSET.. DRIVE (CROSSROADS BUILDING):.. AN ORDINANCE ADOPTING THE EVAULATION AND -APPRAISAL REPORT (EAR)'BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;TRANSPORTATION; HOUSING; INFRASTRUCTURE; - CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND' CAPITAL IMPROVEMENTS, ' NOTICE IS HEREBY given that the regularly scheduled second meeting for the. month of April was moved from April 15 to April 22, 2088. If you have any inquiries on the above items please contact the City Clerk's office at: 305 -663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, GNIG City Clerk Pursuant to Florida Statutes 286.01.05, the City hereby advises the public that if a person decides to appeal any decision made by this 9oard, 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 the appeal is to be based. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida 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, a daily.(except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING REGULAR CITY COMMISSION MEETING - MAY 6, 2008 in the XXXX Court, was published in said newspaper in the issues of D4/25/2DO8 Afflant further says that the said Miami Daily Business - Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant 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. ,V - Sworn to and subscribed before me this ZD8 (SEAL) V. PEREZ personal! ?vAAR!A 1. 11,03 .0 011-) 7,30170 My E@ XPIRES: h,)Pru i, �,12 . . . . . . . . . . OV -CITY -SOUTH MIAMI NOTICE IS HEREBY given 'that the City Commission of the City of South Miami, Florida will,. con,dd6t. Public Hearings at its regular City commission h e auled for Tuesday, May 6, 2008 beginning at meeting so 7:30 p.m. in the City, Commission Chambers, 6130 Sunset Drive, to consider the following items' -A ]RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY, oF.sbUTH MIAMI, RELATING To A REQUEST f PURSUANT'. t6' SECTION 20-3.4(13)(4)(b) OF THE LAND )' T' DEVELOPMENT bbOETOR. A SPECIAL USE APPROVAL TO 'I LOCATE- A. -GENERAL RESTAURANT LOCATED AT 5734 SW 72nd STREET WITHIN THE "SR (HD-OV)" SPECIALTY.RETAI (HP W DISTRICT ' OVERLAY) ZONING DISTRICT; AN METON CT . PROVIDING AN EFFECTIVE DATE. OF THE MAYOR AND Cl ' Y COMMISSION - bKtHF� ciW b - �,"SbLjTk MIAMI, FLORIDA D RELATING - TO APPROPRIATE -, APPR ',,NE9.S.P..UlRS0ANTT. N' 'b-'5.10(E)(3) OF THE LAND TO SECTIO 2 DEVELOPMENT,. CODE ,FOR THE. INSTALLATION OF A H , ANGIN G .. SIGN I.G.Ol.N.THEF-IRSTFLOOIIABCADEOFADESIG- kAfEd'`HIST C COMMERCIAL" RCIAL' . BUILDING' LOCATED AT 0" Lf Npi�r DRIVE (SHELLEY BUILDING); PROV IDING AN EFFECTIVE DATE. RESOLUTION OFJHE MAYOR i 7`0 . AND CITY COMMISSION OF -THE RESOLUTION MIAMI, FLORIDA RELATING TO THE - ISSUANCE'bF k CERTIFICATE: OF, APPROPRIATE- NESS PURSU4NTf6SECTION 24- 5A 9(E)(3) OF THE LAND D�VELOOMF�lklf CODE FOR THE INSTALLATjo0b.F. A. WALL/. FL - AT , ;SidN bWk DESIGNATED ATED HISTORICCOMMEkbiAL. 'BiALDING'-.-LOCAT`51) At 585f SUNSET bRIVE, (SHELI EY BUILDING), PROVIDING AN EFFECTIVE DATEL;-�!- � RESOLUTION . OF THE MAYOR AND ci -K .66-KmSSION FL '11113,�- OF THE T Y-b'F* SO'U1TH* MIAMI, 0 RELATING-TO THE. ISSUANCE%OF. A-CERTIFICATE OF.APPROPRIATE- -4t8�§'.PUk S T UANf - Q q. ECTION 20-5.19(E)(3) OF THE LAND DEVELOPMENT EVELOPMENT CODE FOR THE REPLACEMENT LACEMENT OF FRONT FA . �,ADE. , i'WINDOWS .'A I AND DOORS ON -A* DESIGNATED HISTORIC. I ' COMMERCIAL BUILDING LOCATED ,AT 5712 DRIVE (CROSSROADS BUILDING); PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF SOUTH UTH MIAMI, FLORIDA, Ao6PtiN6 THE EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE POALS, OBJECTIVES,AND POLICIES. FOR THE FOLLOW- lNd'b0M1pREHENWE PLAN ELEMENTS: FUTURE LAND U§t;TRANSPOhtATION;' HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTER- GOVERNMENTAL , COORDINATION, AND .. CAPITAL IMPROVEMENTS;; PROVIDING FOR SEVERABILITY, :ORD'114AWCE§- IN CONFLICT, AND PROVIDING* AN EFFECTIVE DATE. If ybu have any inquiries on the above-items please contact the Planning Departments office at: 305-663-6326-. ALL interested parties are invited to attend and will be heard. Maria M..Menendez, CMC City Clerk Pursuant:fo Florida Statutes .286.0105, the City hereby advises the, . '"' ' i *f' ' person n decides to-dopea( any decisiDh made by this. public '.thd a perso Board; Agency or. Commisslob 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 6 verbatim' record of.-the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 4/25 - � .:, .' ' . 08-3-114../.1006006M MACK .0 0 Co of E 0 E GET RESULTS. ACTION LINE 4 "Ale 11— South Miami Community Center Wed & Fri 11 am Tues & Thur 7 pm Sat 9 am Cutler Ridge Park Tues 10 am Thur 11:30 am Fruit & Spice Park, Sat 11 am 305-343-6365 www.abideinchi.com On Tuesday, May 6, 20D8, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive; the City Commission will hold Public Hearings to consider the following items: !'A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20-3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL- TO LOCATE A' GENERAL RESTAURANT LOCATED AT 5734 SW 72nd STREETMTHIN THE "SR (HD-OV)" -SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT. I A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A HANGING SIGN IN THE FIRST FLOOR ARCADE OF A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A WALUFLAT SIGN ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-5.19(E)(3) OF THE LAND DEVELOPMENT cobE FOR THE REPLACEMENT OF FRONT FAOADE WINDOWS AND DOORS ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5712 SUNSET DRIVE (CROSSROADS BUILDING). AN ORDINANCE ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS. If you have any inquiries on the above items please contact the Planning and Zoning Department's office at: 305-663-6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, C=HIC: City Clark, Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to 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 the appeal is to be based. -CALENDAR, FPGM 69 o Miami Springs Recreation Center, 1401 Westward Dr., Miami Springs. Poets and Writers Forum: Monthly forum in which,poets and writers can share the joy of words; 1 p.m. Satur- day, May 3; North Miami Beach Pub- lic Library, 1601 NE 164th St., North Miami Beach; free admission. 305-932-0907. Read2Succeed Tutoring Services: Read2Succeed, Inc. offers tutoring services in various subjects, includ- ing reading and math, for students it Kindergarten through fifth grades. Tutors include three Miami-Dade County-certified teachers and a nationally certified FCAT strategist. Call for appointments. Gold Coast Railroad Museum, 12450 SW 152nd A yoga based class also combining ;4 Tg Pilates and Tai Chi, instructed by wuriu unauipion marziat Pirust ana fitness instructor Nicole Plummer.:* tit �f Top quality classes to help people improve and maintain health in a positive and fun way. Classes held P Monday, Tuesday, and Wednesday from 12:00 p.m. - 1:00 p.m. Acadetayof Martial Arts 2830 Oak Ave. Coconut Grove, Fl. 33133 '(305) 798-1684 Challengeyourfitness@earthlink.net . . . . . . . . . . . . Florida K* Firlday, May 9 CEU Classes for Professionals Green Wing Awards Ceremony Workshops . . . . . . . . . . . . API"Itl 'R= A N, . r ii % ft -A, .......................... Red r to uwin P7. N� a Zappy3 EZ z Electric Scooter Colwta.Ky of 0M rev (Turn citMM 5 01-.,.,,, Keyswide Green Hb me arClen four$ Ldnd & Wdter Ec6lbur,, Organic Mother's Day Brunches wnmw.keysGILEE.com for more information IPQ�i RG M,,h,,i,,l P10fidd I(-Ys Regiirald Gar'rido wwzoz,>: woo, =3:On OZL D OZBO&o ''*Zaw Z'-�,o CC W; TE -ww.ccm mo-/ 0 1� C7. uj ow "E -z 0'- <,:, wo 2t:,� 8 6 2 0 Cq uj 0 F-�, - -Z i- >-Zzce,> Z'U*�>-PO. 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E z A 0 U, 0-,;a -'s L) i 1�g z C13 C) t5 g E E =0 12: E OZ E < CL ,w n. .,L w 2 E A iig nE , -ja c? -a: LL :2 0 < w E �G > z •. 2F >, > wmll5T, 'S 02 m w G:E=. lL U- XL , -M 2 m 2 m IL UJ x x Au E u0 o .2- LL EL R U- C)2 x '-0 OR W Z .5,; =0) to U D >2 a. 00 U) CL c3 0 0 0 0 w U) w z uj CD:e b, I.- LU X X r�o Z C) Z >E-< 0, 0 O,W w FO (rEs., z t� Ell IL m cr z bld- ct:z,o 2 < 0 0 1> ;M:r :000<u)c)w 0 0 2 C, w zul Uw z:,> uj, Z y 15- u r, w 2 z wuli-Z Otuuj , u-&,)< z2u-01 =D c�O <<zzmoo .z,ow > < < u, M � . o z 2 z ,, o z cFD- pWL M-io CF m,m C) .0 Izu _0 CL< <wz Q>u, a* tO ZZ Op 0 Im z LLI z ly z f.) u) 011- NE'>� Z 0 Eu 0 Z (>.' :36 0 w 0 Ozo 0 co < w cr , - tLm O A LU w O ui cr w w O g C) E E U On Tuesday, May 20, 2008, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: A RESOLUTION RELATING TO AN APPEAL OF A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD TO DENY PROPOSED TAKE-OUT ORDER SIGNAGE FOR CARRABBA'S ITALIAN GRILL AND CUTBACK STEAKHOUSE.. RESTAURANT, LOCATED AT 5829 SW 73 STREET (SOUTH.. MIAMI MUNICIPAL PARKING GARAGE). A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS -PURSUANT TO SECTION 20-5.19(E)(3.) OF THE LAND DEVELOPMENT CODE. FOR THE EXTERIOR RENOVATION, PAINTING AND SIGNAGE, ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5904.SUNSET DRIVE (AMSTER BUILDINGS), ' - A E 1ON ( RESOLUTION RELATING TO A REQUEST -PURSUANT TO 0 SEG�T _3.4(13)(4)(b) OFTHE LAND DEVELOPMENT CODE FOR - A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6734 SW 72-1 STREET WITHIN THE—SR (HD -ov)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONIN DISTRICT. AN I ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI' CODE -OF ORDINANCES BY CREATING SECTION 7-16 "PRE- CONSTRUCTION AND CONSTRUCTION STANDARD - S FOR SITES;" REQUIRING CONSTRUCTION SITES TO 13E KEPT. IN. .A-CLEAN AND ORDERLY 'CONDITION; - REQUIRING THE INSTALLATION OF A CHAIN LINK FENCE PRIOR TO CONSTRUCTION ALONG THE, BORDERS OF THE SITE; AND TO 'PROVIDE DETAILED 'PROCEDURES FOR OBTAINING FENCE PERMIT. -PRIOR TO CONSTRUCTION. AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE. OF ORDINANCES BY -MODIFYING SECTION 7-152,1,,_" "DEMOLITION REQUIREMENT STANDARDS", TO PROVIDE '! ADDITIONAL CLARITY AS TO PROCEDURES FOR OBTAININd,', FENCE PERMIT PRIOR TO DEMOLITION -AND CONSTRUCTION; PROVIDING FOR SEVERABILITY; ORDINANCES N CONFLICT,,. .AND AN EFFECTIVE DATE. AN ORDINANCE RELATING TO AME-(SIDING THE,CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE 1, SECTION 2-2.1 (H).AND (J) ESTABLISHING PROCEDURES FOR PUBLIC,COMMENTS IW,.... ORDER TO FACILITATE AN ORDERLY PROCESS ,IN'-. MANAGING'.:,'- PUBLIC COMMENTS. AN ORDINANCE RELATING TO A REQUEST TO AMEND LAND'' DEVELOPMENT CODE SECTION `20-5,9_ENTITLED. ' "VARIANCE ', APPROVALS" * IN ORDER 'TO, ADD A� :SUBSECTION :(H)':. PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING SECTION 20-6' ' 1(13)(3)(h) IN ORDER TO REMOVE THE EXISTING GUIDELINE. AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMENT Q ODE SECTION 20-3.3(D) ENTITLED "PERMITTED USE SCHEDULE!' IN ORDER TO ALLOW A TEA ROOM FACILITY AS A PERMITTED USE IN THE `GR"GENERAL RETAIL ZONING USE 'DISTRICT. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR A RESTATEMENT OF. THE PLAN TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN. TO COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION, AN ORDINANCE ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI� COMPREHENSIVE PLAIT; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;TRANSPORTATION; HOUSING;. INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION', AND CAPITAL IMPROVEMENTS. If you have any inquiries on the above items please contact the Planning and Zoning Department's office at: 305-663-6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC I . City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises. the public-that if a person decides to 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 the appeal is to be based, co C) CD Z Ln Ln LU ua ro E lu Lri N Q Q 0 Z to J W W 1� a s z E 0 u m as . S_ �E ra W? / L11t1 A 1 rirr 1 VV11 ri11v 1 riC Jlj tr1.U�VV) bYCI;IHLI Y lit IHIL toyWit 1 UyVN DISTRICT OVERLAY) ZONING DISTRICT & RESOLUTION RELATING TO A.REQUEST FOR AVARIANCE FROM SECTION 20= 3.5(E):OF THE.LAND,DEVELOPMENT;CODE TO ALLOW FORA NEW. SINGLE FAMILY HOME TO HAVE A REAR..SETBACK.OF19.1 FEET WHERE A MINIMUM 25 FOOT REAR SETBACK IS REQUIRED ALL ON A PROPERTY: 'WITHIN AN "RS 4' SINGLE-FAMILY- RESIDENTIAL USE DISTRICT LOCATED 57TH COURT AT 6400 SW = AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH 'M[AM] CODE OF ORDINANCES' BY CREATING SECTION 7 16 ,TRE-WNSTRUCTION AND' CONSTRUCTION STANDARDS FOR SITES," REQUIRING CONSTRUCTION SITES TO BE KEPTIN A CLEAN AND.ORDERLY CONDITION; REQUIRING THE INSTALLATION OFA CHAIN LINK-FENCE PRIOR.TO CONSTRUCTION ALONG THE BORDERS.OFTHE SITE; AND: TO. PROVIDE; DETAILED PROCEDURES I FOR OBTAINING FENCE.(?ERMIT PRIORTO CONSTRUCTION j AN; ORDINANCE AMENDING CHAPTER 7 OF:-THE SOUTH MIAMI CODE OF= ORDINANCES BY „.- MODIFYING SECTION 715.2 .."DEMOLITION REQUIREMENT STANDARDS TO PROVIDE ADDITIONAL CLARITY AS TO .PROCEDURES FOR .OBTAINING FENCE PERMIT PRIOR:;TO DEMOLITION - AND CONSTRUCTION AW ORDINANCE RELATING TO:MENDING THE CITYS CODE OF !_ ORDINANCES. CHAPTER_ 2 ARTICLE I SECTION 2 -21 (H) AND (J) ESTABLISHING PROCEDURES'FOR PUBLIC -COMMENTS IN ORDER TOI FACILITATE AN ORDERLY-PROCESS, IN MANAGING PUBLIC COMMENTS AN ORDINANCE RELATING TOA. REQUESTTOAMEND LAND DEVELOPMENT CODE, - SECTION 20 -5.9 . ENTITLED; VARIANCE APPROVALS 7. IN ORDER TO:ADD- A::SUBSECTION (H), PROVIDING” CRITERIA FOR REVIEW AND APPROVING" VARIANCE. APPLICATIONS; AMENDING SECT' ►ON (h) IN ORDER TD REMOVE THE EXISTING GUIDELINE If you have any inquiries on the above items please contact the Planning and Zoning I Departments office at 365 -663 - 6326. . ALL Ittkerested parties are invited to attend and will be heard Mara M -Menendez;CMC City Clerk I Pursuant to Ronda Statutes 286 0105 the City, hereby advises the public that if a persbn decides to appaal any decisloit; made bythis Board, Agency or Commission with respect to any master ?consideredat its meetiag or hearing, he or she.wiil need a;�ecord of the proceedings, and that for such purpose, affected person may need,to ensure, at a verbatim record of ttie proceeding §' is - ''.made which record includes the testimony and evidence upon which the app. ealis to be based.;- 111 r: :E '13 -a a zo��,6wxz ZO z 0 ;! wzl:o, o2zt.tz 92 OIDZO 006' (D 5 P 0 Z,�, .,n Z,<z :50w. w< Q.�. 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