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Res. No. 069-07-12454RESOLUTION NO. 69-07-12454 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-5.8 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A BOWLING ALLEY/ RESTAURANT/ ENTERTAINMENT CENTER TO BE CALLED SPLITSVILLE IN THE "SR (HD-OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE); PROVIDING AN EFFECTIVE DATE. WHEREAS, L & M Enterprises of South Miami, Inc. has filed Application No. PB-07-005 requesting Special Use Approval to allow for a Bowling alley/Restaurant/ Entertainment Center to be located at 5701 Sunset Drive (Shops at Sunset Place) in the "SR(HD-OV)" Specialty Retail Hometown District Overlay zoning district; and WHEREAS, a Bowling alley/Restaurant/ Entertainment Center is allowed as a special use in the "SR(HD-OV)" Specialty Retail Hometown District Overlay zoning district subject to meeting general conditions specified in Section 20-5.8 of the Land Development Code and subject to meeting special requirements set forth in Section 20-3.4(B)(4)(b) of the Land Development Code; 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 April 10, 2007 meeting the Planning Board, after public hearing, voted 5 ayes 0 nays to recommend approval with conditions of the special use request; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. O BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION *F THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The L & M Enterprises of South Miami, Inc. application for special use approval to allow for a Bowling alley/Restaurant/ Entertainment Center to be located at 5701 Sunset Drive (Shops at Sunset Place) in the "SR(HD-OV)" Specialty Retail Hometown District Overlay zoning district is hereby approved subject to the following conditions: (1) The applicant shall operate the facility without allowing sound to extend into the residentially occupied area of the Shops; -- - --------- - ----------- - - ----------- - --- - ------- - �zz=zr4m- �-zzma ------ -------- (2) All signage for the new establishment is subject to approval by the City's ERPB; Res. No. 69-07-12454 (3) If the subject Bowling alley/Restaurant/ Entertainment Center is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, 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. (4) The construction recommendations included in the Shiner Associates, Acoustical Engineers, letter dated March 1, 2007 shall be incorporated in the actual construction of the space. Section 2: The applicant agrees to submit an employment and training plan which provides for South Miami residents to have a Priority in obtaining jobs at the business. Section 3: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this"'I ay of 6dr9_4_iel 12007 ATTEST: CLERK— READ AND APPROVED AS TO FORM: CITY ATT 'L _Q0BNE-V- PAComm Items\2007\4-24-07TB-07-005 Splitsville Rest Resolution.doc Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: 67all Yea Yea Yea Yea Yea Tim To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian H. Perez, Planning Direct Date: April 24, 2007 ITEM No. ` Subject: RESOLUTION OF •' AND CITY COMMISSION OF OF • 1 •, Request: The applicant L & M Enterprises of South Miami, Inc. has submitted an amended application requesting a Special Use Approval to operate a Bowling alley/ Restaurant / Entertainment Center to be called "Splitsville" at the above referenced location. The Shops at Sunset Place is located in the "SR(HD -OV) ", Specialty Retail Hometown Overlay Zoning District. This application was previously before the City Commission on March 20, 2007, in the form of a special use approval for the restaurant part of the Splitsville Entertainment Center. Permitted use schedule amended: The City Commission at its March 20, 2007, adopted Ordinance No. 07 -07 -1908 which formally amended the Permitted Use Schedule to allow a Bowling alley/ Restaurant/ Entertainment Center as a special use. This action resulted in the restaurant application being remanded back to the Planning Board for a re- hearing as a Bowling alley/ Restaurant/ Entertainment Center special use. Staff Observations: The proposed entertainment center will include a 13 alley bowling facility and will be located on the second floor next to the movie ticket sales area. The space has been occupied by several retail stores. The entertainment center will occupy a total of 25,270 square feet equally divided between the restaurant use and the bowling alley use. Attached to this report is a chart entitled "Current Status of Restaurants located in the Shops at Sunset Place ", which was updated in February 2007. A total of nine restaurants are currently operating or approved. After the addition of the Splitsville Entertainment Center restaurant there will still be 7,081 sq. ft. of allocated restaurant space remaining. The combined bowling alley (65 parking spaces) and the restaurant (127 parking spaces) results in 192 total required parking spaces. The current retail space has a credit of 85 parking spaces which is deducted from the 192 spaces. Therefore, an additional requirement of 107 parking spaces will be needed. This amount will be deducted from the remaining spaces (197) assigned to the restaurant use category. The required parking spaces for all restaurants were included in the initial approval of the Shops. Based upon this analysis there are no additional spaces required. (2) The proposed Bowling alley/Restaurant/ Entertainment Center will not adversely affect the health or safety of persons residing or working in the vicinity; and the proposed use will not be detrimental to the public welfare or property or improvements in the neighborhood. Planning Board Action: The Planning Board at its April 10, 2007 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval with conditions of the special use request. Recommendation: It is recommended that the subject application be approved with the following conditions: (1) The applicant shall operate the facility without allowing sound to extend into the residentially occupied area of the Shops; (2) The applicant shall submit an employment and training plan which provides for South Miami residents to have a priority in obtaining jobs at the business; (3) All signage for the new establishment is subject to approval by the City's ERPB; and (4) If the subject bowling alley/restaurant/ entertainment center is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, 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 bearing. (5) The construction recommendations included in the Shiner Associates, Acoustical Engineers, letter dated March 1, 2007, shall be incorporated in the actual construction of the space. Backup Documentation: Attachments: Draft resolution Amended Application Location Map Letter of Intent Amended (April 2, 2007) Shiner Associates Sound Engineering Letter (3-1-07) Planning Department Staff Report 4-10-07 Current Status of Restaurants in Shops (2-07) Planning Board Minutes Excerpt 4-10-07 Floor Plans Copies of Public notices JP/SAY P:\Comm ltems\2007\4-24-07\PB-07-005 Splitsville CM report.doc P13 -o-12 -co-5- City of South Miami Plann ning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 8-7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 5701 Sunset Drive Lot(s) _ Block Subdivision Carvers Suite 212 PB 6- 36 Please see full legal & Bounds: South Miami, FL 33143 descri2tion attached 'Meets Applicant: L&M Enterprises of South Miami Phone: (407) 425-6826 Ext. 23 r LLC, ("Splitsvillp,") Representative: Lauren M. Harper, Esq. Organization: Shutts & Bowen LLP 201 S. Biscayne'Blvd., Suite 1500 Address: Miami, FL 33131 Phone: (305) 358-6300 Property Owner: Bakery Associates, Ltd. , aSignature: Florida Limited Partnership Mailing Address: Phone: (31 7) 636-1600 225 W. Washington St., Indiana2olis, IN 46204 Architect/Engineer: Ray Schaefer Phone: (407) 351-8787 Maverick Architecture and Design AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: —Owner Owner's Representative —Contract to purchase —Option to purchase XTenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS, PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC —Variance X Letter of intent Zoning Map Amendment X_Special Use — Justifications for change PUD Approval _Special Exception — Statement of hardship PUD Major Change Other (Waiver of Plat) y Proof of ownership or letter from owner Power of attorney Briefly explain application and cite specific Code sections: bcw&��.e_ld..r. —Contract to purchase Current survey (1 original sealed and "x V Special Use Permit to approve a restauran use within the Specialty Retail�Hometown_ signed/1 reduced copy @ 11 17") :K_ 15 copies of G4e44arrtmd Floor Plans District Overlay zoning district. I reduced copy @ 11" x 17" X_ 20% Property owner signatures Section: Subsection:— Page #: Amended Date: X Mailing labels (3 sets) and map , X_ Required Fee(s) Sections: 20-5.8; 20-3.3(D) ------ J1 Also Ivl( f ,Iq6ke_s 5"ecoA4 L-evel Floof iplavis 6, The undersigned has read this completed application and represents that the information and all submitted materials are true YUOS( and correct to the best of the applicant's knowledge and belief. Applicant's Signature aid tit D ate � - -__ 50 Upon receipt,a�pplica s and all submitted materials will be reviewed for compliance with the Land Development Code andt;� .t other applicable regulation�s.A I ications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted -Method of Payment 1111105 MIADOCS 1894329 1 City of South Miami PB -07 -005 Special Use Approval - Bowling Alley /Restaurant /Entertainment Center 5701 Sunset Drive — Shops at Sunset Place 5977 5963 6647 5896 5880 N SW 66TH TER N W 6669 6707 S 6 SW 67TH ST J 6701 O o. 5949 ~m t(� SW 68TH ST 01 ° s> �i s S8 Spp9 ' h16A S'�S S2 S� S SS S 8,9 Sed O SSjs O S� S _ 5 °rye � S SpSp O 5195 V> psF e tf1 � S � yw°j g01 582 p0 SW 70TH ST SW 71 ST ST $30 \X � �5$g3 yAh � oNS N SW 72ND ST s9 ss Sys O 5950 h5 Lid 1 U 7321 F-. 5800 m m U }Q o H Z 47 � 5859 ?l,, U n 5829 U) 5795 7331 5824 7320 5795 s B'So 7320 5791 SUNSET DR F m !U) � f � h � w tf} 7230 SW 73RD ST 7ao1 T311 o- 7321 7331 7390 0 300 600 900 1,200 1,500 Feet LAUREN M. HARPER, ESQ. (305) 415-9496 Direct Telephone (305) 415-9896 Direct Facsimile ATTORNEYS AND COUNSELLORS AT LAW April 2, 2007 VIA U.S. MAIL AND ELECTRONIC MAIL Mr. Julian H. Perez, AICP Planning Director Planning & Zoning Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 E-MAIL ADDRESS: lhaTper@shutts-law.com Re: Amendment to Planning Board Application No. PB-07-005/ Special Use Approval for Splitsville (the "Application") Dear Mr. Perez: Ozi December 28, 2006 this firm submitted the above referenced Application on behalf of L&M Enterprise's of South Miami, LLC ( "Applicant "). The Application requested Special Use approval to allow Splitsville, an entertainment/restaurant concept to be located at the Shops of Sunset Place, to operate - as a "Restaurant, general" within the Specialty Retail/Hometown District Overlay ( 'SR/HDO") zoning district. This letter serves to amend the Application to request Special Use approval to allow Splitsville to operate as a "Bowling alley/Restaurant/Entertainment Center" (the "Amendment"), the new use category approved by the City Commission on March 20, 2007, and adopted as a Text Amendment to the City's Permitted Use Schedule of the Land Development Code. We submit this Amendment pursuant to the City Commission's motion made on March 20, 2007, to remand the Application to the Planning Board to be reviewed as a Special Use under the above mentioned new use category. The Amendment incorporates a revised engineering report prepared by Shiner & Associates, Inc. regarding sound transmission, a copy of which is enclosed for you review, as Well as revised floor plans (the "Revised Plans") prepared by Ray Shaefer of Maverick Architecture and Design, copies of which were previously sent to your office. Please note that the Revised Plans differ from the original plans in the following ways: (i) reconfigures the bowling lanes so that the pin setters are. no longer underneath the residences; (ii) eliminates a bowling lane (now there are 13 lanes); and (iii) eliminates the exterior dining component. MIADOCS 2032013 1 1500 NMAlyn CENTER • 201 SO= BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 - TELEPHONE (305) 358-6300 • FACSIMILE (305) 381-9982 • WEBSITE.- WWW.ShUM-1aW,c0M MIAMI FORT LAUDERDALE WEST PALM BEACH opa-6.1-MO TAMPA TALLAHASSEE AMSTERDAM LONDON Mr. Julian H. Perez, AICP April 2, 2007 Page 2 Please do not hesitate to contact us should you have any questions. Very truly yours, Lauren M. Harper LNUVgw Enclosures cc: Maria,A. Gralia, Esq. MIADOCS 19022111 SHMS &BOWEN LLP MAW FORTLAUDFRDALE WESTPALM13EACH OPMANDO TALLAHASSEE AMSTERDAM LONDON �3 xrousuv�snnmee� h0ne " K �— �,vvamnomnSu -au�1s�.cmcano Illinois 60606 Maverick Architecture Q Design, LLC ��ch1.2007 GG75 Westwood Boulevard - Suite 14O Orlando, FL32821 Attn: Mr. Raymond Schaefer Re: Sp|ibmiUe- South Miami, Flohda Dear Mr. Schaefer: ' will located theoocond�oorofUlemoUv�ththeetensond Thep bo�|�gfacUU�wU � on . condominium units on the third floor, and retail on&nastaunantaon the first floor. Concerns have been expressed regarding sound transmission from bowling activity, particularly pin fail noise, to the occupied space dinsctly above and below. |n order to provide en acceptable acoustic environment in the most sensitive theater and residential areas, transmitted noise should be limited to no higher than NG 30-35 (40-45 dBA), based onASHRAEguidelines. ' �b�an�s�of4���n����n���b over Thaa�pa��ngUoon�eUngooa� oa praoeot concrete floor joists. VVe understand that the lanes will be installed over e built-up floor designed to limit impact sound to the supporting concrete floor. VVe estimate the Sound Transmission Class rating of the base floor/ceiling assembly to be STC 58-60. This estimate io based on a similar system with a 2" concrete topping over 14" deep concrete floor joists (Riverbank Laboratories Test TL71-8O,GTC54). Without any further'enhancement of the floor/ceiling system we anticipate acceptable levels of transmitted sound in neighboring occupied space (in conformance with the NC 30-35 criterion) based on sound levels generated In* the bowling facility up to an expected maximum of 95-100' The bowling facility to have two major sound sources: music from loudspeakers distributed throughout the space and pin clatter noise on the lanes. The music source sound can easily'be limited to 90dBA or less without diminishing the enjoyment ofSpdsvil|epatrons. In fact, music sound levels ofO5-SOdBA will beuncomfortable for bowlers and diners trying to converse. Typical restaurant sound levels are in the 60-80 dBA range. We anticipate overall levels due to music and patron-generated noise to be no higher than 85dBA. well below the A5'1OOdBAlimit. Previously conducted sound testing ino similar facility ( Fagan Acoustical resulted in pin locations ed the ends of the bowling lanes aa'hh]haaQ5- 100 dBA, indicating compliance with the 95-100 dBA limit. The Fagan testing also confirmed that sound transmitted through the floor ceiling did not exceed the NC3O-35 target levels. |t should be noted that the Fagan testing was conducted on a lighter weight floorlceiling system than the current proposal, indicating a probable 5 dB safety factor for the South Miami facility. In summary, we anticipate full compliance with the transmitted airborne noise targets for the proposed facility. As long os the lanes are installed withthe manufacturer's recommended Maverick Architecture & Design, LLC Man;h1.2007 resilient floor treatment, vvnalso anticipate acceptable isolation of impact noise to the firs floor Nevertheless, if additional sound isolation ks desired, vva recommend installation ofaresiliently suspended double board assembly with insulation in the ceiling plenum (see enclosed drawing). Note that all seams and intersections must be sealed airtight. All duct, conduit, piping and other penetrations of the ceiling must be sealed airtight. The added ceiling should further reduce transmitted sound levels by8-8dBA. Please call if you have further questions. Very truly yours, Shiner+ Associates, Inc. P, Robert P. Elfering T enclosure 2 Ghiner*Aaeockaten Inc. 03!0112007 16:06 3128453344 SHINER + ASSOCIATES I 3 (?AGE 05 Imo[- •���.�.. �'' .•�..�7�= ��.,f�:�'�i ���- �;�,..; � � �,,. � ,.. ATTORNEYS AND COUNSELLORS AT LAW LAUREN M. HARPER, ESQ. (305) 415-9496 Direct Telephone (305) 415-9896 Direct Facsimile December 28, 2006 Mr. Sandy Youkilis, AJCP Planning & Zoning Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 E-MAIL ADDRESS: lliai-per@shutts-law.com Re: Letter of Intent/Special Use Permit for Shops at Sunset Place Tenant Dear Mr. Youkilis: This firm represents L&M Enterprises of South Miami, LLC ("Applicant"), a tenant at the Shops of Sunset Place ("Sunset Place"), with a lease-hold interest in approximately 25,000 square feet of space located on the second level of Sunset Place. The Applicant's project within Sunset Place has a physical address of 5 ' 701 Sunset Drive, Suite 212, City of South Miami ("City") and lies within the Specialty Retail ("SR") zoning district as well as the Hometown District Overlay ("HDO"). The HDO, which is located within the City's downtown area, is bound by South Federal Highway to the north and west, S.W. 57h Avenue to the east and approximately by S.W. 74"' Terrace to the south. As shown on the Permitted Use Schedule of the City Land Development Code ("LDC"), "General, restaurant" use is permitted as a Special Use within the SRIHDO zoning district. The Applicant respectfully requests that the City approve a Special Use Permit to allow a "Restaurant, general" use within the SPJHDO zoning district. The Applicant seeks this Special Use Permit so that it can construct Splitsville, an upscale entertaim-nent/restaurant concept for their second level space within Sunset Place. While Splitsville is a bowling-themed concept, it is defined as a "Restaurant, general" under the City of South Miami ("City") Land Development Code ("LDC") because food and beverage items account for eighty (80) percent of its business. Further, as shown on the attached floor plan prepared by Maverick Architecture & Design ("Floor Plan"), Splitsville is a "sit-down" restaurant where patrons will be served either at tables or counters. Additionally, Splitsville customers are provided with individual menus, an example of which is also attached to this application. 1500 MIAMI CENTER - 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 - TELEPHONE (305) 358-6300 - FACSIMILE (305) 381-9982 • WEBSITE: www.shutts-law.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM LONDON Mr. Sandy Youkilis, AICP December 28, 2006 Page 2 Moreover, the proposed "Restaurant, general" use within Splitsville complies with the general and special requirements that the LDC provides for such a use. "Restaurant, general" use within Splitsville is both compatible and complementary with the existing surrounding uses. Splitsville is a high-end dinner and bowling lounge that targets families and corporations during the day and an upscale adult clientele at night. As part of the downtown center of the City, and Sunset Place, Splitsville is surrounded by similar high-end restaurant/bar establishments such as Dan Marino's Fine Foods & Spirits (Sunset Place) and Jake's Bar & Grill (6901 Red Road). Further, although Splitsville proposes exterior dining, such dining will not be provided on public property, but rather on private property within Sunset Place. As shown on the Floor Plan submitted by the Applicant, the proposed Splitsville project will include fourteen (14) bowling lanes, a bar, a sushi counter as well as various dining options. Patrons that choose to bowl have the option to dine lane-side. However, Splitsville also has ample dining room seating, distinct from the bowling areas. Ultimately, Splitsville offers a unique dining experience in the heart of the City. As it is understood that a recommendation for the Applicant's Special Use Permit is contingent upon a Text Amendment to the Permitted Use Schedule to allow for a bowling use as a permitted use within the SRJHDO zoning district, the Applicant especially appreciates your attention to this matter at this time. Please do not hesitate to contact us should you have any questions. LMH/gw Attachments cc: Mr. Mark Gibson Mr. Tom Hanchar Mr. Gregory E. Zimmerman Rise A. Friedman, Esq. Judith A. Burke, Esq. Maria A. Gralia, Esq. MIADOCS 1902211 1 Very truly yours; Lauren M. Harper SHUTFS & BOWEN LLP MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON To: Honorable Chair & Planning Board Members From: Julian Pere' Planning Director PB-07-005 (amended) Applicant: L & M Enterprises of South Miami, Inc. Location: 5701 Sunset Dr. (Shops at Sunset Place) Date: April 10, 2007 Re: Special Use Approval 5701 Sunset Drive Splitsville, Shops at Sunset A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-5.8 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A BOWLING ALLEY/ RESTAURANT/ ENTERTAINMENT CENTER TO BE CALLED SPLITSVILLE IN THE "SR (HD-OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE); PROVIDING AN EFFECTIVE DATE. APPLICANT'S REQUEST: Pursuant to Section 20-5.8 of the Land Development Code (LDC) the applicant has submitted an amended application requesting a Special Use Approval to operate a bowling alley/ restaurant/ entertainment center to be called "Splitsville" at the above referenced location. The Shops at Sunset Place is located in the "SR(HD-OV)", Specialty Retail Hometown Overlay Zoning District. This application was previously before the Board on January 30, 2007, in the form of a special use approval for the restaurant part of the Splitsville entertainment center. The Board at that time recommended approval. PERMITTED USE SCHEDULE AMENDED A bowling alley is currently allowed as a special use allowed only in the "GR" (General Retail) Zoning District. The applicant was required to submit an application requesting an amendment to the Land Development Code Permitted Use Schedule in order to allow a bowling alley as a "P" permitted use in SR(HD-OV)", Specialty Retail Hometown Overlay Zoning District. The Planning Board at its January 30, 2007 meeting conducted a public hearing on the application and recommended that the new use could be a "P" permitted use but the name of the use should be called a "Bowling Alley/ Restaurant/ Entertainment Center." The City Commission at its March 20, 2007 meeting considered the subject application on second reading In and determined that the use could be allowed in the "SR(HD-OV)", Specialty Retail Hometown Overlay Zoning District as an "S" special use. The Commission adopted Ordinance No. 07-07-1908 which C� 5 701 Sunset Drive Special use approval April 10, 2007 Page 2 of 3 formally amended the Permitted Use Schedule to allow a Bowling Alley/ Restaurant/ Entertainment Center as a specials use. This action resulted in the restaurant application being remanded back to the Planning Board for a re-hearing as a Bowling Alley/ Restaurant/ Entertainment Center special use. 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 standard LDC conditional requirements set forth in Section 20-5.8 Land Development Code 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. STAFF ANALYSIS: (1) The proposed entertainment center will include a 13 alley bowling facility and will be located on the second floor next to the movie ticket sales area. The space has been occupied by several retail stores. The entertainment center will occupy a total of 25,270 square feet equally divided between the restaurant use and the bowling alley use. (2) The City Commission at its April 1, 1997 meeting approved Resolution No. 64-97-10035, allocating to the Shops at Sunset Place a total of 61,250 square feet of restaurant space. Attached to this report is a chart entitled "Current Status of Restaurants located in the Shops at Sunset Place", which was updated in February 2007. A total of nine restaurants are currently operating or approved. After the addition of the Splitsville entertainment center restaurant there will still be 7,081 sq. ft. of allocated restaurant space remaining. (3) The combined bowling alley (65 parking spaces) and the restaurant (127 parking 4, spaces) results in 192 total required parking spaces. The current retail space, has a credit of 85 parking spaces which is deducted from the 192 spaces. Therefore, an additional requirement of 107 parking spac es will be needed. This amount will be deducted from the remaining spaces (197) assigned to the restaurant use category. The required parking spaces for all restaurants were included in the initial approval of the Shops. Based upon this analysis there are no additional spaces required. (4) During the Planning Board's previous consideration and public hearing on the application a number of residents and Board members expressed concern about the sound of the bowling alley affecting the residential units also located in the Shops. In the period since that hearing the applicant has revised the floor plan by relocating the alleys and creating a sound barrier wall. In addition a specific study of the sound issue at the Shops was carried out by the applicant's consultants. (5) The proposed restaurant will not adversely affect the health or safety of persons residing or working C) Z�I in the vicinity; and the proposed use will not be detrimental to the public welfare or property or improvements in the neighborhood. 5701 Sunset Drive Special use approval April 10, 2007 Page 3 of 3 Recommendation: It is recommended that the subject application be approved with the following conditions:. (1) The applicant shall operate the facility without allowing sound to extend into the residentially occupied area of the Shops; (2) The applicant shall submit an employment plan which provides for South Miami residents to have a priority in obtaining jobs at the business; (3) All signage for the new establishment is subject to approval by the City's ERPB; and (4) If the subject general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health- or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Attachments: Current Status of Restaurants in Shops (2 -07) Amended Application Location Map Letter of Intent Amended (April 2, 2007) Shiner Associates Sound Engineering Letter ( 3 -1 -07) Letter of Intent (December 28, 2007) Planning Board Minutes Excerpts 1 -30 -07 (Two Items) Copies of Public notices Floor Plans JP /SAY P: \PB\PB Agendas Staff Reports\2007 Agendas Staff Reports \4- 10- 07 \PB -07 -005 Shops Splitsville Report.doc 5701 Sunset Drive Special use approval April 10, 2007 SHOPS AT SUNSET RESTAURANT STATUS In April 1997 the. City Commission approved a resolution allocating to the Shops at Sunset Place a total of 61,250 square feet of restaurant space. Please note, the following table depicts the current status of allocated square footage that has been approved by the Planning Board and the City Commission: Current Status of Restaurants located in the Shops Name of Square Footage Date of Planning Board Appearance Date of City Restaurant Approved Exis Commission Hearing GameWorks 5170 5170 Recommendation for approval 4 /14/98 Approved 5/05/98 Swampy's 12,686 0 Recommendation for approval 5/12/98 Approved 6/02/98 Wilderness Out of Business Grill T3z1t� 8579 8579 Recommendation for approval 5/12/98 Approved 6/02/98 R.Arn} Out of Business Trepe -a Martini Bar Coco Pazzo/ 5782 0 Recommendation for approval 5/12/98 Approved 6/02/98 Out of Business Johnny 2230 2230 Recommendation for approval 5/26/98 Approved 6/09/98 Rockets China Grill 6554 0 Recommendation for approval 6 /30/98 Approved 7/21/98 Out of Business Xando 1993 0 Recommendation for approval 12/30/98 Approved 1/5/99 Out of Business The Pizza 0 1204 (Temporary ) Place Zahbe 1815 1815 Recommendation for approval 8/08/00 Approved 09/05/00 Marhaba Red Bowl 5566 0 Recommendation for approval 12/12/00 Approved 01/09/01 Fresh Grill Pulled out Dan Marino's 6540 6540 Recommendation for approval 01/30/01 Approved 02/20/01 Town Tavern Elli's Brick 2734 0 Recommendation for approval 10/29/02 Approved 11/21/02 Oven Cafe Out of Business Cheeseburger 7386 Recommendation for Approval 2 -16 -06 Approved 3/7/06 in Paradise 7386 Panara Bread 4560 4560 Recommendation for Approval 6 -20 -06 Approved 7/18/06 Giggle City 4050 Recommendation for Approval 1 -16 -07 Hearing 2 -6 -07 Play Cafe 4050* * Adjusted: includes restaurant area only Total Existing 41,534 sq.ft. Area remaining for restaurant use: 61,250 - 41,534 = 19,716 sq. ft. 0 U U f M-#" INCORPORATED/ 1 927 0 it CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 30, 2007 City Commission Chambers 7:30 P.M. Elam' I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:32 P.M. Action: The Pledge of Allegiance was recited in unison. 11. -Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis, Mr. Farfan, Ms. Young, and Ms. Lahiff. Board member absent: Ms. Yates. City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), Eve Boutsis (City Attorney), and Christian Moya (Video Support). IV. Planning Board Applications / Public Hearing PB-07-005 Applicant: L & M Enterprises of South Miami, Inc. Location: 5701 Sunset Dr. (Shops at Sunset Place) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE CALLED SPLITSVILLE IN THE "SR (HD-OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE); PROVIDING AN EFFECTIVE DATE. Mr. Farfan read the resolution into the record. Mr.. Youkilis explained that this- was the special use application for the restaurant part of the "Splitsville" establishment. The restaurant will be part of an entertainment center which will include a 14 alley bowling Planning Board Meeting January 30, 2007 Page 2 of 3 facility and will be located on the second floor next to the movie ticket sales area. The space has been occupied by several retail stores. The entertainment center will occupy a total of 25,270 square feet equally divided between the restaurant use and the bowling alley use. Mr. Youkilis advised that the square footage addition of the proposed new restaurant will not result in the Shops at Sunset Place exceeding the 1997 allocated total square footage for restaurants. The required parking spaces for all restaurants were included in the initial approval of the Shops. The restaurant will occupy 12,635 square feet of floor area, which is below the remaining 19,716 square footage of restaurant space permitted. Based upon this analysis there are no additional spaces required. Staff Recommendation: The staff recommended that the subject application be approved with the following conditions: (1) all signage for the new establishment is subject to approval by the City's ERPB; (2) If the subject general restaurant is, in the future, determined by the Director of Planning to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Applicant: Ms. Lauren Harper, Esq. of the law firm of Shutts & Bowen 201 South Biscayne Blvd., stated that she and Ms. Maria Gralia, Esq. represented the applicant. Ms. Harper provided details on the restaurant's menu. She added that the combined use of a restaurant and bowling are compatible with and enhances the South Miami downtown entertainment area. Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT/OPPOSE David Tucker 6556 SW 78 Terrace - - - - - -- Mr. Tucker addressed the importance of the restaurant following the U.S. Army 1941-45 sanitary program including use of paper plates/utensils, hot water and clean mope closets. Denise Speller 5701 Sunset Dr. Support Ms. Speller, the Shops at Sunset Place Manager, advised that parking will not be affected by this use because most of the activities will be in the day time. Chairman Morton closed the public hearing During discussion Mr. Schaefer explained that the restaurant had a patron capacity of 290 persons. In response to a question Shops Manager Denise Speller advised that there is no separate area for employee parking. Action: Ms. Beckman made a motion to recommend approval of the special use Planning Board Meeting January 30, 2007 Page 3 of 3 application for the Splitsville Restaurant with the conditions as recommended by staff and the two additional conditions as follows: (1) The applicant shall operate the facility without allowing sound to extend into the residentially occupied area of the Shops; and (2) The applicant shall submit an employment plan which provides for South Miami residents to have a priority in obtaining jobs at the business. The motion was seconded by Ms. Young The motion was adopted by a vote of 6 ayes 0 nays. Ms. Gralia, representing the applicant stated that she had some legal questions about added condition No. 2, however, they would have a proposal on the subject when the item gets to the City Commission. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:45 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Ms. Beckman, Mr. Farfan, Ms. Young, and Ms. Chael. Absent: Ms. Yates and Mr. Davis City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), and Lluvia Resendiz (Administrative Assistant). III. Planning Board Applications / Public Hearing PB -07 -005 Applicant: L & M Enterprises of South Miami, Inc. Location: 5701 Sunset Dr. (Shops at Sunset Place) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -5.8 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A BOWLING ALLEY / RESTAURANT/ ENTERTAINMENT CENTER TO BE CALLED SPLITSVILLE IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE); PROVIDING AN EFFECTIVE DATE. Planning Board Meeting April 10, 2007 Page 2 of 5 Action: Mr. Morton read the ordinance into record. Mr. Youkilis advised that the applicant came before the Board on January 30, 2007, requesting a special use approval for the restaurant Splitsville entertainment center. He stated that the proposed entertainment center will include 13 alley bowling facility wl-dch will be located on the second floor next to the movie ticket sale box office. The entertainment center will occupy 25,270 square feet. The restaurant square footage is within total space allocated for restaurant space. Splitsville will combine their bowling alley's allotted parking space (65) with the restaurant's (127) resulting with a total of 192 parking spaces. Therefore, an additional requirement of 107 parking spaces will be needed. This amount will be deducted from the remaining spaces. (197) assigned to the restaurant use category. The required parking spaces for all restaurants were included in the initial approval of the Shops. Based upon this analysis there are no additional spaces required. He also advised that the applicant made efforts to deal with the public's concerns regarding the noise and that they hired consultants to test the noise in order to ensure that the surrounding condo owners will not be affected by it. Mr. Youkilis informed the Board that after review, staff concluded that the proposed establishment will not be detrimental to the public welfare or property owners in the neighborhood. Recommendations: Staff recommended that the Board approve the resolution under the following recommendations: (1) The applicant shall operate the facility without allowing sound to extend into the . residentially occupied area of the Shops; (2) The applicant shall submit an employment plan which provides for South Miami residents to have a priority in obtaining jobs at the business; (3) All signage for the new establishment is subject to approval by the City's ERPB; and (4) If the subject is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code Provisions, the special use approval may be modifies or revoked by the City Commission upon notification and public hearing. Mr. Morton expressed his concern regarding parking. He questioned whether the applicant exceeded their allotted parking spaces and Mr. Youkilis advised that they have not surpassed their allotted parking. Ms. Harper, representative for L & M Enterprises of South Miami, Inc., requested that the Board approve the resolution. She advised that the applicant has made every attempt to follow the Board's and Commission's recommendations particularly the recommendation regarding the sound. She advised that in order to deal with the noise issue the applicant not only reconfigured the floor plans to avoid bothering the residents, but that they also hired an engineering consultant to test the noise affects. She stated the testing was conducted with slimmer walls, different floors and materials. After the testing, it was found that the noise does not exceed the required NC 30-35 target level. Ms. Harper also advised that the applicant reconfigured the bowling lanes by shifting them further away Planning Board Meeting April 10, 2007 Page 3 of 5 from the west side of the establishment. She informed that the applicant proposed 13 lanes as opposed to 14. Ms. Harper advised that Splitsville will have 130 to 150 positions available for employment that will help contribute to the city's economy. She stated that there has been collaboration with Mr. McCants of the City's CRA to create a local hiring plan and an exclusive job fair with mass mailing to South Miami residents indicating the time and date of the job fair. She advised that currently in the works with Mr. McCants is a local hiring screening program. Ms. Chael questioned the amount of windows that are located on the second floor along the side of Sunset Drive. Ms. Harper responded that currently there are no windows in place. Ms. Chael also questioned if the only windows currently in place are those in the residential units along Sunset Drive on the second floor and Ms. Harper responded with an affirmative. Ms. Beckman stated she was impressed with the employment plan and questioned the when Splitsville would open for business. Ms. Harper responded that as soon as the approval is granted the applicant will be submitting the building plans to the ERPB. Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Adrian Ellis 6521 SW 58t' Avenue Supports Mr. Ellis stated that he disagrees with the applicant's employment plan. He is concerned that residents other than South Miamians would be given hiring priority. He said that the resolution should be approved under the conditions that the applicant implements a better employment plan. He suggested that the applicant should be obligated to hire 10% or at least 10 persons from the South Miami community. David Tucker 6556 SW 78 Terrace Mr. Tucker stated that he recalled the bowling alley was proposing 12 -13 lanes and due to the confusion he questioned the exact amount of lanes. Ms. Harper advised that the establishment would contain 13 lanes. He also expressed his concern regarding the noise issue. He questioned whether the amount of noise was dependant on the number of lanes. He advised the Board that the City of South Miami should obligate the applicant to hire either 10% or at least 10 city residents. He stated that he would like to see people from the CRA area get hired. Chairman Morton closed the public hearing. Mr. Morton recommended that a subparagraph be added and that it shall incorporate the issue of noise or sound transmission. Mr. Youkilis responded that is item number one in staff's recommendations responds to his concern. Mr. Morton also recommended including the condition that the construction recommendations form Shiner and Associates shall be incorporated in the actual construction of the space. Planning Board Meeting April 10, 2007 Page 4 of 5 Ms. Beckman stated that although she was impressed with the employment plan she does not find the need to obligate Splitsville to hire 10% or at least 10 persons from the South Miami area. She stated that those who qualify for the job should apply. Ms. Chael stated that she finds the proposed resolution to be a positive for the city because if people can walk to the jobs that would require less parking that would have to be accommodated to the shops. She mentioned that the city would be in a winning situation to have employees that are at easy walking distance to the shops. Ms. Young recommended that the statement "the applicant shall submit an employment and training plan" should be included in recommendation number 2 in order to make it more inclusive. She stated that a job description alone will not suffice because it could exclude some people, but with training it becomes more of a commitment. Ms. Harper responded by stating the Splitsville representatives would welcome any suggestion and that although training is a broad term, it could be defined and incorporated later. Ms. Young requested that the recommendations should be a part of the package because it requires applicant accountability. Mr. Youkilis advised Ms. Young to include her recommendation as a condition and that the applicant has to agree to the recommendations. Mr. Perez advised the Board that the management plan that is currently being worked on with Mr.McCants does not identify a certain percentage. He informed that the percentage is usually identified when a development agreement is being worked on and this is not the stage the process is currently in. He stated that it is done at a later phase and if necessary the percentage will be negotiated. Ms. Beckman advised that the Wounded Healers have a training program and suggested that the applicant could work with them therefore the applicant does not have to start up their own training program. Ms. Harper advised that the applicant's initial intention was to collaborate with the CRA because they have an existing training program. Motion: Ms. Beckman moved to approve the special use with the following conditions given by staff and the Board. Mr. Farfan seconded. (1) The applicant shall operate the facility without allowing sound to extend into the residentially occupied area of the Shops; (2) The applicant shall submit an employment and training plan which provides for South Miami residents to have a priority in obtaining jobs at the business; (3) All signage for the new establishment is subject to approval by the City's ERPB; Planning Board Meeting April 10, 2007 Page 5 of 5 (4) If the subject Bowling alley/Restaurant/ Entertainment Center is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, 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. (5) The construction recommendations included in the Shiner Associates, Acoustical Engineers, letter dated March 1, 2007 shall be incorporated in the actual construction of the space. Vote: 5 Ayes 0 Nays P:\PB\PB Minutes\2007 MinutesTB—Mins-04-10-07.doe ■ soap Ug aN o �i Y� 8° . . r.�z a zt. J37 0 z I i C-lon OR C/I A z U is -i ZZ <.. < I 2M. A z mee eppow lwem 41nos 9AP(j jasunG COL .1 a C;4 fT- c 40 r y E u e£ �e Q � w Q MeC OPPOW 'hwe!W 41noS anup}asunS COLS iii ...... IL eppolzi !Uje!w was aVa lasuns coLs 82. ol 54mmEa ': t� 0 Z.E - 24, W_ > w O& w`2 E9 o0 Cl) .:9 Cl) W5 6 >- E O�f.a U) E Z9 u —S z 2 moo -i ca > ; S. oz �E av cc .0 $'1 o E o'� I 8- E E. R 1.2 w �- o -a . 0 0. E, p*5 t 'o'D cn C? s. �Z Em j�- > Zi 0, < Qa 0 o o w cc IL 0 0 x 52 w ,z :01 coow-- ou .5 ;a: u uz 03 wo 34 o. . 15 Uj 0 E ers ®f For Parents .& Caregiv 5--.Vearspf age Wo Children 0- and Families in Miami-Dade (;ounTy. COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday,. . I April 24, 2007, 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: 'ORDER TO AN . ORDINANCE AMENDING SECTION 20-4 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN CREATE SECTION 20-4.12 ENTITLED "REGULATIONS PERMITTING DOGS IN OUTDOOR SEATING AREAS OF PUBLIC I FOOD SERVICE ESTABLISHMENTS". . ULATIONS OF THE SOUTH MIAMI LAND AN -ORDINANCE AMENDING SECTION SIGN BEG ' N ET DEVELOPMENT CODE IN ORDER TO REGULATE THE PLACEMENT OF BANNER RESIGNS OVER PUBLIC STRE S; PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY LIMITATIONS, APPLICATION FEES AND AN APPROVAL PROCESS. AN 20-7.6 ENTITLED "" OF THE SOUTH MIAMI LAND DEVELOPMENT ORDINANCE AMENDING CODE IN ORDER TO SECTION REPLACE PROVISIONS PR ELATING TO THE HomETbWN DISTRICT PARKING COMMITTEE AND SUBSTITUTING REFERENCES TO THE NEWLY CREATED PARKING BOARD. A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT IN THE -S8(HD-OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20-7.BB 20-7.1 OB, 20.7-11 IN ORDER TO: 26,833 SQU ARE FEET (1) ALLOW A TOTAL LOT COVEA OF 85% OR WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIRXIE GE HIGHWAY AND LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO EXCEED THE THE MAXIMUM 50% FEET; (3) ALLOW A CURB CUT TO MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE HOMETOWN DISTRICT D ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE H BE LOCATE -70 SOUTH DIXIE HIGHWAY. REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 'ECIAL USE APPROVAL TO LOCATE A BOWLING AL - LEY/ RESTAURANT/ ENTERTAINMENT) A RESOLUTION FOR SI RETAIL HOMETOWN DISTRICT OVERLAY CENTER TO BE CALLED SPLITSVILLE IN THE `SR (HD-0V)- SPECIALTY RE ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE)- A RESOLUtION FOR A VAR TO ALLOW"A ROO TO A HOME IN THE REAR SETBACK AREA RESULTING IIANCE M N A VARIANCE REQUEST TO ADDITION PERMIT AN EIGSINGLE HT FOOT RFAMILY EAR SETBACK WHERE A MINIMUM 25 FOOT REAR SETBACK IS REQUIRED: ALL ON A, PROPERTY WITHIN AN "RS-3" SINGLE-FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5841 SW 63 AVE., SOUTH MIAMI, FLORIDA, if You have y 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, CNIC 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, 'd d at its meeting or hearing he or she will need a record of the proceedings, and Agency or Commission with respect to any matter considered rd of the proceedings Is made which record includes the that for such purpose, affected person may need to ensure that a verbatim race testimony and evidence upon which the appeal is to bebased.