Res. No. 132-06-12273RESOLUTION NO. 132-06-12273
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 THREE GENERAL
RESTAURANTS AS PART OF THE SOUTH MIAMI MUNICIPAL
PARKING FACILITY A PRIVATE - PUBLIC DEVELOPMENT WITHIN
THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT
OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY
DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS
SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -
DADE COUNTY (NE CORNER OF SW 73rd STREET AND SW 58Th
COURT); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Section 20- 3.4(13)(4)(b) of the Land Development Code (LDC)
Mark Richman Properties, Inc, submitted Planning Board Application (PB -06 -014) requesting
Special Use Approval to operate three general restaurants as part of a public /private development
project entitled "South Miami Municipal Parking Facility " on property legally described as lots
35, 36, 37, 48, 49, 50, W.A.Larkins Subdivision according to the plat thereof recorded in Plat
Book 3 at page 198 of the public records of Miami -Dade County all located in the "SR(HD)"
Specialty Retail Hometown District Overlay zoning district; and
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, on May 30, 2006 the Planning Board, after public hearing, voted 6 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Special Use Application submitted by Mark Richman Properties, Inc to
operate three general restaurants as part of a public /private development project entitled "South
Miami Municipal Parking Facility " on property legally described as lots 35, 36, 37, 48, 49, 50,
W.A.Larkins Subdivision according to the plat thereof recorded in Plat Book 3 at page 198 of
Res. No. 132 -06 -12273
the public records of Miami -Dade County all located in the "SR(HD)" Specialty Retail
Hometown District Overlay zoning district is hereby approved subject to the following
conditions:
(1) Prior to obtaining occupational licenses the applicant shall provide a floor plan for
each restaurant interior to the Environmental Review and Preservation Board for
approval;
(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
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this Aay of Qrr,& '2006
ATTEST:
Y CLERK
READ AND APPROVED AS TO FORM:
6�"I'l -
CI Y ATT EY
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
EAComm Items1200617- 25- 061PB -06 -014 Garage Rest Resolution.doc
2
4 -0
Yea
Yea
absent
Yea
Yea
South Miami
-•+� CITY OF SOUTH MIAMI -
• iN GORPU:�� •
�i o Rai. OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, Acting City Manage y-
From: Don O'Donniley, Planning Director _
Date: July 25, 2006 ITEM No. /
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE THREE GENERAL - RESTAURANTS AS PART OF
THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A PRIVATE - PUBLIC
DEVELOPMENT WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY
LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS
SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY
(NE CORNER OF SW 73rd STREET AND SW 50 COURT); AND PROVIDING
AN EFFECTIVE DATE
Request: Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) Mark Richman
Properties, Inc, submitted Planning Board Application - (PB -06 -014) requesting Special Use
Approval to operate three general restaurants as part of a public /private development
project entitled "South Miami Municipal Parking Facility " at the above referenced
location. The restaurants are part of the retail component of the project. The three
restaurants will face SW 73`d Street and will range in size from 4000 - 6000 sq. fl. In total
the restaurants will occupy 17,323 sq.ft. at ground level.
The applicant has advised that the restaurant leases to date are with Outback Steakhouse
and Carrabbas. The third restaurant will be a sports theme establishment. Required parking
spaces for the restaurants are provided for within the parking garage; in addition the
building will have a valet parking service.
The requested special use complies with the LDC requirements set forth for special uses in
Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8.
The Planning Board at its May 30, 2006 meeting adopted a motion by a vote of 6 ayes 0
nays recommending that the application for special "use approval be approved with
conditions.
Recommendation: Approval of the application with the following conditions is recommended:
(1) Prior to obtaining occupational licenses the applicant shall provide a floor plan
for each restaurant interior to the Planning Board for approval.-
(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.
Backup Documentation:
Draft resolution
Application
Location Map
Letter of Intent
Planning Department Staff Report 5 -30 -06
Planning Board Minutes Excerpt 5 -30 -06
Site Plan (see plans related to special exception application)
Copies of Public notices
DOD /SAY
E:IComm Items1200617- 25- 06TB -06 -014 CM Cover report.doc
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 666 -4591
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property:
Lot(s)
Block Subdivision
SW 73 St. btwn 58 Ct. & 58 Ave
PS �—
(see attached sheet)
Meets & Bounds:
Applicant:
Phone:
Mark Richman Properties, Inc.
305
Representative:
Organization:
George McArdle
Mark
Richman Properties
Address:
Phone; `
201 Alhambra Cir. #702 Coral Gables
FL 33134
305 442 2214
Property Owner: &Lessee
Signature: Mark Richman Properties, Inc.
Mailing Address: same as above
Phone:
Sy
George McArdle, Asst. SE
ArchitectlEngineer.
Phone.
B l i t s t e i n Design A s s c.
(3 0 5) 444 4 4 3 3
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
;Owner Owner's Representative Contract to purchase Option to purchase -xTenanflLessee
kPPLICATION IS HEREBY MADE FOR THE FOLLOWING:
"LEASE CHECK THE APPROPRIATE ITEM:
_ Text Amendment to LDC _Variance
—Zoning Map Amendment XSpecial Use
_ PUD Approval _Special Exception
PUD Major Change _Other
riefly explain application and cite specific Code sections:
Application for special use permits under
Section 20- 7.12(A) for three general
restaurants.
Section: Subsection: Page #: Amended Date:
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY:
Y Letter of intent
Justifications for change
_ Statement of hardship
�C Proof of ownership or letter from owner
_ Power of attorney
Contract to purchase
Y Current survey (1 original sealed and
signed/1 reduced copy @ 11" x 17 ")
15 copies of Site Plan and Floor Plans'
1 reduced copy @ 11" x 17"
20% Property owner signatures
Mailing Iabels (3 sets) and map
k
Regwred reeks) -
ph-
The undersigned has read this completed application and represents that the information and all submitted materials are true and
co ect tot e b of a appIican ' lrnowlesd p relief.
ApplicaiVs Sign Lure and title Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications 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 Pavment
X31* 011
!c.
T
32
City of South Miami PB -05 -013, PB -05 -014
Special Exceptions and Special Use Restaurants
Mark Richman Properties / City Parking Garage
5829 SW 73 Street
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MARK RICHMAN PROPERTIES, INC.
201 Alhambra Circle, Suite 702
Coral Gables, Florida 33134
Telephone (305) 442 -2214
Don O'Donniley
Planning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Letter of Intent for the Application for Special Uses within the South Miami
Municipal Parking Garage and Retail Building, submitted by Mark
Richman Properties, Inc. as Applicant
Dear Mr. O'Donniley:
The proposed structure will be located on S.W. 73`d Street between S.W. 58th Avenue and
S.W. 58th Court. It will have 25,219 square feet of rentable retail on the ground level.
There will a total of 435 parking spaces with 17 of those on the ground level.
The project is designed to have three restaurants on S. W. 73rd Street. We have signed
leases with Outback Steakhouse and Carrabbas and Mark Richman is planning a "sports"
restaurant as the third. These three restaurants will provide a "destination" draw for the
downtown area generating increased downtown shopping activity.
We have reviewed the "Required Conditions" of Section 20- 5.8(B)(1) and are sure that
these restaurants 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 improvements in the
neighborhood.
Thank you for time and consideration.
Very truly yours,
Mark Richman Properties, Inc.
B Y:
Georg cArdle, Assistant Secretary
o s o South Miami
M- America eitr
U '�
1NCORPORATE�
1927
O Rol
2001
To: Honorable Chair &
Planning Board Members
From: Don O'Donniley
Director of Planning
PB -06 -114
Applicant: Mark Richman Properties, Inc,
Location: 5829 SW 73r1 Street
Date: May 30, 2006
Re: Special Use Approval
Restaurants in South Miami
Municipal Parking Facility
5829 SW 73rd Str.
Request :
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 THREE GENERAL RESTAURANTS AS PART OF THE SOUTH
MIAMI MUNICIPAL PARKING FACILITY A PRIVATE- PUBLIC DEVELOPMENT
WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT
OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS
35, 36, 37, 48, 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS
OF MIAMI -DARE COUNTY (NE CORNER OF SW 73" STREET AND SW 58th
COURT); AND PROVIDING AN EFFECTIVE DATE
APPLICANT'S REQUEST:
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 three general restaurants as part of a public / private development project
entitled "South Miami Municipal Parking Facility " at the above referenced location.. The proposed
restaurants are 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 requesting a special use permit to operate three restaurants at the ground floor of
City's municipal parking facility. The restaurants are part of the retail component of the project.
(2) The three restaurants will face SW 73rd Street. The restaurants will range in size from 4000 - 5000
sq. ft. In total the restaurants will occupy 17,323 sq.ft. at ground level.
5829 SW 73 St.
Special use approval
May 30, 2006
Page 2 of 2
(3) The applicant has advised that the restaurant leases to date are with Outback Steakhouse and
Carrabbas. The third restaurant will be a sports theme establishment.
(4) Required parking spaces for the restaurants are provided for within the parking garage; in addition
the building will have a valet parking service.
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.S(B) in that the use:
a) Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use,
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c) Complies with all other applicable Code provisions.
In addition, special uses may also be required to comply with supplemental requirements, which are set
forth in Section 20- 3.4(B)(4)(b). In the case of a general restaurant the following requirements are listed:
(i) All such establishments shall provide only inside or patio service on private property. Public
streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -
side services of any kind. A separate application for outdoor seating would be required.
(ii) No services of a drive -in or of a fast food nature shall be permitted.
(iii) The city commission shall review and recommend approval, disapproval or modification of
all site plans and project specifications for this special use permit.
RECOMMENDATION
The requested special use approval for the three restaurants 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.$ -
Approval of the application with the following conditions is recommended:
(1) The applicant shall provide a floor plan for each restaurant interior prior to obtaining
occupational licenses;
(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.
Attachments:
Application
Location Map
Letter of Intent
Copies of Public notices
DOD /SAY�
E:IPBIPB Agendas Staff Reports12006 Agendas Staff Reponsl5- 30- 061PB- 06-014 Restaurants- Garage Am
CITY OF SOUTH MIAMI
Planning Board 1 Action Summary Minutes
Regular Meeting
Tuesday, May 30, 2006
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:36 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Comendeiro, Ms. Lahiff,
Mr. Beilman, Mr. Davis and Mr. Farfan.
Board members absent: Ms. Yates.
City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultant), Luis Figueredo (City Attorney), Gremaf Reyes (Video
Support), and Patricia E. Lauderman (Planning Board Secretary).
IV. Planning Board Applications / Public Hearings
Mr. Morton swore in the speakers.
PB -06 -014
Applicant: Mark Richman Properties, Inc.
Address: 5829 5W 73 Street
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE THREE GENERAL RESTAURANTS AS PART OF
THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A PRIVATE - PUBLIC
DEVELOPMENT WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY
LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS
SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
Planning Board Meeting
May 30, 2006
Page 2 of 4
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY
(NE CORNER OF SW 73rd STREET AND SW 58" COURT); AND PROVIDING
AN EFFECTIVE DATE
Action: Mr. read the resolution into the record. Mr. O'Donniley explained that the applicant is
requesting a special use approval to operate three general restaurants as part of a public / private
development project entitled "South Miami Municipal Parking Facility ".
The proposed restaurants are located in the "SR(HD) ", Specialty Retail Hometown Overlay Zoning
District.
Staff presented a powerpoint Mr. O'Donniley then provided the following staff analysis:
(1) The applicant is requesting a special use permit to operate three restaurants at the ground floor
of City's municipal parking facility. The restaurants are part of the retail component of the
project.
(2) The three restaurants will face SW 73rd Street. The restaurants will range in size from 4000-
6000 sq. ft. In total the restaurants will occupy 17,323 sq.ft. at ground level.
(3) The applicant has advised that the restaurant leases to date are with Outback Steakhouse and
Carrabbas. The third restaurant will be a sports theme establishment.
(4) Required parking spaces for the restaurants are provided for within the parking garage; in
addition the building will have a valet parking service.
(i) Additionally, Mr. O'Donniley informed the Board about the special conditions that are
applicable to this special use approval. He stated that 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.
Recommendation
Staff stated that the requested special use approval for the three restaurants complies with the LDC
requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set
forth in Section 20 -5.8. Approval of the application with the following conditions was
recommended:
(1) The applicant shall provide a floor plan for each restaurant interior prior to obtaining
occupational licenses;
(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.
Planning Board Meeting
May 30, 2006
Page 3 of 4
(2)
Applicant: George McArdle (representative for Mark Richman )
Mr. McArdle indicated that the proposed structure will have 25, 219 square feet of rentable retail
on the ground floor. There will be a total of 435 parking spaces with 17 of those on the ground
level. He explained the project is designed to have three restaurants on SW 73 Street. Mark
Richman Properties has signed leases with Outback SteakHouse and Carrabbas and Mark Richman
is planning a "sports" restaurant as the third. Mr. McArdle emphasized that these three restaurants
will provide a "destination" draw for the downtown area generating increased downtown shopping
activity. Additionally, he stated that these restaurants will not adversely affect the health and safety
of any person in the vicinity and will, in fact have a positive affect on the public welfare and
improvements in the neighborhood as noted in "Required Conditions" of Section 20- 5.8(B)(1).
Chair Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
David Tucker Supported
Mr. Tucker stated the importance of fire safety and sanitation practices in the restaurants.
Cliff Schulman, Esq Opposed
Mr. Schulman attorney for the adjacent property owner expressed his objection to this request.
Chair Morton closed the public hearing.
At this time, the Board and staff discussed the item further. Mr. Commendeiro commented that he
would like to see in the future the floor plans for the restaurants. Mr. O'Donniley replied that the
Board can request that the floor plans be brought to the Board before issuing a building permit. Mr.
O'Donniley noted to the Board that new wording would have to be added to staffs
recommendation 41. Mr. Comendeiro agreed with Mr. O'Donniley's suggestion and proceeded to
make .a motion.
City Attorney Figueredo asked if the motion being created was for the amendment only or for the
whole request. Mr. Comendeiro replied that his recommendation for approval would include the
request and the amendment to staff recommendation 41.
Motion: Mr. Commendeiro moved to recommend approval of the request with staffs conditions
but with an amendment to recommendation 41:
1. The applicant shall return to the Planning Board with a floor plan for each
restaurant prior to issuance of occupational license.
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 determinal 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
approval may be modified or revoked by the City Commission upon notification
and public approval
Mr. Davis seconded the :motion.
Vote: Ayes 6 Nays 0
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