Res. No. 037-05-12016WHEREAS, the South Miami Corporation has submitted Application No. PB-05-002 to the
Planning Department for a special use to permit four general restaurants as part of a unified development
project entitled "Project Sunset" at the above referenced location; and
WHEREAS, a general restaurants are allowed as a special use in the "SR(HD-OV)" 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 February 22, 2005 the Planning Board, after public hearing, voted 5 ayes and 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:
Section 1: That an South Miami Corporation application for special use approval to allow four general
restaurants for a total of 13,820 sq. ft. in the "SR(HD-OV)" Specialty Retail Hometown District Overlay
zoning district located generally at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45,
53 thru 66 inclusive and the east 50 feet of Lots 51 and 52 of 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 is hereby
approved subject to the following conditions: '
(1) The applicant shall provide a floor plan for each restaurant interior prior to obtaining
occupational licenses;
Res. No. 37 -05 -12016
(2)
(2) Restaurant and retail parking should be located and marked on the ground floor of each
garage.
(3) 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.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this /s7qay of , 2005
WIN a 191 Is I
r:11 9UWNLNa NJ
Y CLERK YO .
EAComm Items\2005\3 -1 -05 \Special Use Rests Resol.doc
Commission Vote:
5-0
Mayor Russell :
Yea
Vice Mayor Palmer:
Yea
Commissioner Wiscombe:
Yea
Commissioner Birts - Cooper:
Yea
Commissioner Sherar:
Yea
ITEM No. 7
From: Maria Davis Re: Special Use A pp " roval
City Manager Restaurants in Project Sunset
5750 Sunset Dr.
APPLICANT'S REQUEST:
Pursuant to section 20-3.4(B)(4)(b) of the Land Development Code (LDC) the applicant, South Miami
Corporation is requesting a Special Use Approval to operate four general restaurants as part of a unified
development project entitled "Project Sunset" at the above referenced location. The type of restaurants to
be located are not identified at this point. The proposed restaurants are located in the "SR(M)", 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 four restaurants at the ground floor of two
mixed use buildings identified on the site plan as A and B.
(2) The two restaurants in Building A will occupy 6,028 sq.ft. at ground level. The two restaurants in
Building B will occupy 7,792 sq.ft. at ground level.
5 750 Sunset Dr.
Special use app? -Oval
Page 2 of 3
(3) Two restaurants will face SW 57th Court and two restaurants will face each other on opposite comers
of SW 73d Street and SW 58'h Avenue.
(4) Required parking spaces (138 spaces) for the restaurants are provided for within the core center
garage as part of the development for each block.
SPECIAL CONDITIONS APPLICABLE:
The LDC provides that special uses must be approved by the City Commission after a public hearing and
receipt of a recommendation from the Planning Board. The overall purpose is to determine the
compatibility of the proposed use with the surrounding neighborhood. A special use must comply with
the conditions set forth in Section 20-5.8(B) in that the use:
a) Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use,
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c) Complies with all other applicable Code provisions.
In addition, special uses may also be required to comply with supplemental requirements, which are set
forth in Section 20-3.4(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.
PLANNING BOARD ACTION
The Planning Board at its February 22, 2005 meeting adopted a motion by a vote of 5 aye 0 nay
recommending approval of the special use application with conditions set forth by staff.
RECOMMENDATION
The requested special use approval for the four 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 is recommended:
(1) The applicant shall provide a floor plan for each restaurant interior prior to obtaining
occupational licenses;
(2) Restaurant and retail parking should be located and marked on the ground floor of each
garage.
(3) 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
5750 Sunset Dr.
Special use approval
Page 3 of 3
approval may be modified or revoked by the City Commission upon notification and public
hearing.
Attachments:
Draft Resolution
Copies of Public notices
(See Site Plan- previous item)
NID/DOD /SAY X5R E: \CommItems12- 05\PB -05 -002 Restaurants- 5750 Sunset .doc
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
SOOKIE WILLIAMS, who on oath says that he or she is the
VICE PRESIDENT, 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 - MARCH 1, 2005
in the XXXX Court,
was published in said newspaper in the issues of
02118/2005
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 confinuously 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 sec ring this advertisement for publication In the said
new nprier. A I I
sworn to and subscribed before me this
18 d BRUARY 2005
(SEAL)
SOOKIE WILLIAMS personally known to me
Maria 1. Mesa
My Commission DD29380
No, I'll/ Expires March 04, 2008
FOR ORDINANCES lt4:cc)NOLI&. AND PRbVibij4G AN
Resolutions
�A RESOLUTION OF THE ,_;MAYOR ;WAND ;CITY
COMMISSIONOFRHECiTYOF ;SOUTHMIAMI FLORIDA `,
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
z
D
On Tuesday, March 1, 2005, 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:
AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO
FLORIDA STATE STATUTE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT
E KNOWN AS "PROJECT SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP
TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 106 MULTI-
FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK
AND A PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750
SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40 THRU 45,53
THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADS COUNTY.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20-7.51 OF
THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR "PROJECT
SUNSEr'A UNIFIED DEVELOPMENT PROJECT IN THE "SR(HD-OV)- SPECIALTY
RETAIL (HOMETOWN DISTRICT OVERLAY.) ZONING DISTRICT TO PERMIT. (1) A
SPECIAL EXCEPTION TOSECTIONS 20-7.7B AND 20-7.913 IN ORDER TO ALLOW A
TOTAL LOT COVERAGE OF 72.29% OR 139,465 SQUARE FEET WHICH EXCEEDS
THE MAXIMUM 609/6 LOT COVERAGE AND 60,000 SQUARE FEET (2) A SPECIAL
EXCEPTION TO SECTION 20-7.9B TO ALLOW FOUR BANK DRIVE-THRU LANES
WHICH EXCEED THE MAXIMUM PERMITTED TWO BANK DRIVE-THRU LANES;
ALL FOR PROPERTY GENERALLY LOCATED AT 5750 SUNSET DRIVE AND
LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE
AND THE EAST 50 FEET OF LOTS 51 AND 52 OF 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.
0�_
A RESOLUTION RELATING TO A REQUES T PURSUANT TO SECTION :2
3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL
TO LOCATE FOUR GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET'
A UNIFIED DEVELOPMENT WITHIN THE "SR (HD-OV)- SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ALL FOR PROPERTY
LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS
LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF
LOTS 51 AND 52 OF 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. I I
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20-8.9(B) OF
THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO
LOCATE A LARGE SCALE DEVELOPMENT USE (SIX STORY MIXED USE MEDICAL
OFFICE / RETAIL) BUILDING AT 7150-7160 SW 62• AVENUE IN THE "TODD (MU -'
5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5).
Inquiries concerning the above two items should be directed to the
Planning Department at 305-663-6326.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez
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 an
matter considered at its meeting or hearing, he or she will need a record of the proceedings, aZ
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.
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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
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, 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 FOR 3/15/2005
in the XXXX Court,
was published in said newspaper in the issues of
03/04/2005
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 securin is adv ' ant for publication in the said
newspap r.
Sworn to and subscribed before me this
04 day of MARCH A.D. 2005
(SEAL)
Cheryl H PAflrmar
O.V. FERBEYRE personalsg tptMmmissionDD3,'"8M
°ra, Expires July 18 ,2008_--- -.:___._.
. . . . . . . . . . I ...... ...... . . . . . .
RELMON NOTES
rs through seniors n
Series will be 'Don March 24 and
=ce of fabric or an discuss The Things They Carried
O'Brien. Lisa Jeff eries will
by Tim
ndkerchief -along
.i 3,
iis such as pillow- session. Bring a bag
lead the se
lwnch and coffee will be pro &05�;
and more to cele
vided. Adult Purim Megillah �gp
itness of Shabbat. keep -
vill be provided. Riiading "Year of the Hat" will be
or dress accord- 7:30 P.M. March 26. Bring your
i Shabbat Service fanciest, funniest hats and cos-
uau,
will read from tie
tues. We
Shabbat in an Intl rn
service in in Room Megillah and Chinese food will be
served. Tickets are $10 per per
Ah Am is proud to
ational network of son. Call 305 -573-5900. Feed ,
affiliated with the homeless in a joint program
,nagogue Transfor- with Touching Miami with Love
enewal dedicated will meet 7:45 to 10:45 a.m.
at Central Baptist
with a
gi
March 27
D Shabbat
wative options In Church on Northeast Fifth Street UP r
social and Northeast First Avenue by
rayer, study, s �g
irogramming. The the Court Building, We'll prepare
roundb.reaking of and serve food and do clean up M
Sanctuary/Ball- as well as have an opportunity to
d/Administrative have some fascinating converse-
1 be at 11:30 a.m. tions with our friends who partic-
more Information, ipate, Contact us to reserve your
Epstein, Develop- slots., Contact Bruce Jay at
-576-5001, ext. 28.
- 305
or, ext. 148, jep
Drg. Family Purim
eed? OR amp 4M K
rating Beth Am's Temple SamU-El or 010m,
t will be ' noon 10680 SW 113th PI.,
$3, A
0
rch 13. C 5756: Adult B'nal Mitz-
11 Susan 305-271
305-66737185 or vah class, conducted by Cantor
r'man in, at 6 P.M. March 15., 0
ineide at Ronit Rub
2. The Empty Nest- Contab . t the Synagogue office %.eels
a screening of The for registration. TSOO Youth
,s, Wife at 7 p.m. Singers will rehearse with Cantor
itact Annie Baran- Rubin from 5:30 p.m. to 7 p.m. 'Waves ketps
151 or aberen- and TS00 Adult Singers will
rg. Purim Celebra- rehearse with Cantor Rubin from
Shushan Idol will be 7i30 p.m. to 9:15 p.m. March 10
ech,24. An evening and 17, Shabbat evening services you upon
for children -and will be conducted by Rabbi
pecial activities for David D. Schonblum whose ser- C URTESY NOTICE
<ets $15 In advance, mon topic will be "What Is a
Dr. Children under 5 Shekel?" at 8 p.m. March 11. Can- whais hot,
re admitted free. dle lighting is at 6:10 p.m. Shab- MY OF SOUTH MIAM19 FLORMA.
:kets can be pur- bat morning services will be con -
- March 22..Call Lori ducted by Rabbi David D. On Tuesday, March 15, 2005, beginning at 7:30 p.m., In the city Commission Chambers,
ext. 114, Isolo- Schonblum who will discuss the Whaes not �id 6130 Sunset Drive, the city Commission will hold Public Hearings to consider the
org. High .school Torah portion, Pekudel, at 9:30 following Items:
agues are Tuesdays, a.m. March .12, Shabbat ends at AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN,
s and Thursdays 7:04 p.m. United Synagogue ever)�* ek. e PROVIDING FOR ELIGIBILITY AT DATE OF EMPLOYMENT FOR POLICE
,11 28 for girls and Youth (USY) Havdalah and Des OFFICER EMPLOYEES OFTHE CITY OF SOUTH MIAMI; PROVIDING FOR A
nine to 12. A fee is serts at 7:30 p.m. followed at & MINIMUM RATE OF BENEFIT ACCRUAL FOR POLICE OFFICER
ntactLinda Feffer- p.m. by the USY Talent Show
tball Coordinator, March 12. Enjoy the songs, acts, EMPLOYEES.
I I or If6ffer- dances and comedy. Admission AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT
)rg. PAFTY's annual is, $5 and will benefit our own TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT
iction will be March chapter, USY, Inc. Shabbat eve- happer �Igolll PROJECT KNOWN AS "PROJECT SUNSET"WHICH WILL INCLUDE THREE
avdalah, dinner and ning services will be.conducted BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING
*tIon to raise money by Rabbi' David D. Schonblum
hny, a camp run by whose sermon topic will be USES: 106 MULTI-FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE iderprivileged chit- *Minding Your Business*. at land pr sea. USES, RESTAURANTS, BANK AND A PARKING GARAGES; ALL FOR
i
Atlanta. Call Amy p.m. March 18. Candle lighting s PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY
)uth director, at ext. at 6:13 p.m. Shabbat morning DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45,53 THRU 66 INCLUSIVE AND,
services will be conducted by THE EAST 50 FEET 00 LOTS 51 AND 52 OF W. A, LARKINS SUBDIVISION
Rabbi David D. Schonblum who ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT
el, 137 NE 19th St., will discuss the Torah portion, PAGE198OFTHE PUBLIC RECORDS OFMIAMI-DADE COUNTY.
DO: Hamentaschen Va)iikrbh at 9:30 a,m. March 19.
101 Course will be Shabbat ends at 7:07 p.m. Purim � %eels A RESOLUTION FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A
LARGE SCALE DEVELOPMENT USE (SIX STORYUXED USE MEDICAL
D 10 a.m. March 13. Carnival and Klezmer Concert O�W OFFICE / RETAIL) BUILDING AT 7150-7160 SW 62" AVENUE IN THE
c
to make Purim's from 10 a.m. to 2:30 p.m. March a
kie dough RSVP to 20. Enjoythe games, rides and VeS -,TODD (MU-5)-, TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED
at 305-5�3-5900, tasty foods. Listen to, sing, and M USE 5).
.30th Annual Cantor dance the joyful Kiezmer songs IrL A RESOLUTION FOR A SPECIAL USE APPROVAL TO'LDCATE FOUR
!s Spring Music Fes- and melodies. Kids Club sched- -Every I hand ay GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET" A UNIFIED
itits of 20th Century ule, open to children In kinder-, DEVELOPMENT WITHIN THE IISR (HD-OV)' SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DIS ' CT ALL FOR PROPERTY
gotten through fifth grade: Meet 'The Hem.& IRID LSE
LOCATED GENERALLY AT 5750 SUN' IN LEGALLY DESCRIBED
:11 at 1 p.m. March 13 ffl I
Song other cantors, ings will be held on Wednesday AS LOTS 6 THRU 9, 40 THRU 45, w IN SIVE AND THE EAST
'OF LOTS 51 AND 52 LA INS SUBDIVISION
torial Soloist, Karina evenings, April 13 and May 11, All 50 FEET LAR
Cost: $18. Call events will be held at the Temple. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT
10 to RSVP. Sister- Dues for the year are.Z60, which PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY.
ts "Do-Re-Mi"-donor will includd regularly scheduled
activities and snacks, visit inquiries concerning the above two Items should be directed to the City Clerk's
11:30 a.m. March 17. 1 -663-6340;
the opportunity to www.tsoomiami.org. office at 305
great people, enjoy ALL interested parties are Invited to,attend and will be heard. Maria M. Menendez
nd contribute to the City Clerk.
)rams. For reserve-
D
J