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Res. No. 125-98-10393RESOLUTION NO.12g.Qft.in3q3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REVISION OF A SPECIAL USE PERMIT FOR A "RESTAURANT,GENERAL," PURSUANT TO SECTION 20-3.4 (B)(4)(b)OF THE LAND DEVELOPMENT CODE,EFFECTING A CHANGE TO RESOLUTION NO. 151-97-10121,REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE,SOUTH MIAMI,FLORIDA 33143;PROVIDING A LEGAL DESCRIPTION;AND,PROVIDING AN EFFECTIVE DATE. WHEREAS,on July 29,1997,the City Commission adopted Resolution No.151-97-10121,which granted a Special Use Permit to Sega GameWorks,L.L.C.,on behalf of Bakery Associates,Ltd., in order to operate a "Restaurant,General,"to be located in the WSR"Specialty Retail/Residential district and inthe Hometown District,pursuant to Section 20-3.4 (B)(4)(b)and Section 20-7.12 (A)of the City's Land Development Code;and, WHEREAS,the applicant,Sega GameWorks,L.L.C.,on behalf of Bakery Associates,Ltd.,has made application to revise the approved plans and to increase the general restaurant area for the Special Use Permit;and, WHEREAS,the tenant space is located at 5701 Sunset Drive, South Miami,Florida,33143,as legally described in "Exhibit 1" which is attached hereto;and, WHEREAS,the property owner submitted a letter of intent which authorizes the use as proposed by the applicant;and, WHEREAS,Planning &Zoning staff recommends approval of the application for a Special Use Permit,which recommendation is based upon (a)the merits ofthe application and (b)consistency with the City's adopted Comprehensive Plan;and, WHEREAS,on April 14,1998,the Planning Board voted 5:0 to recommend approval of the Special Use Permit as presented;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: GameWorks Restaurant Special Use Permit:May 5,1998 EXHIBIT 1 PARCEL 1.LOTS 3,4,AND 5;LOTS 6 THROUGH 10,INCLUSIVE,LESS THE EAST 20 FEET;LOTS 11 THROUGH 15,INCLUSIVE,LOT 19 LYING EAST OF LOT 18 AND LOTS 20 THROUGH 32,INCLUSIVE AND PART OF LOT 33 AS FOLLOWS:BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 33, THENCE RUN NORTH 99.7 FEET ;THENCE RUN NORTHEASTERLY PARALLEL TO THE F.E.C.RAILWAY 47 FEET;THENCE AT RIGHT ANGLES TO THE LAST LINE,RUN SOUTHEASTERLY 80 FEET;THENCE RUN SOUTHEASTERLY 68.9 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 33,WHICH POINT IS 100 FEET EAST OF THE WEST LINE OF SAID LOT 33;THENCE RUN WEST ALONG SAID SOUTH LINE 100 FEET TO THE POINT OF BEGINNING ALL IN BLOCK 1 OF CARVER'S SUBDIVISION ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6,PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA. LOTS 1 AND 9,INCLUSIVE,LOTS 10 THROUGH 13,INCLUSIVE,LESS THE SOUTH 13 FEET AND LOTS 17 THROUGH 22,INCLUSIVE ALL IN BLOCK 2 OF CARVERS SUBDIVISION,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6,PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA. THAT CERTAIN PARCEL OF LAND WHICH FORMERLY CONSTITUTED NORTH RED COURT,WHICH IS BOUND ON THE EAST SIDE BY THE WEST BOUNDARY LINE OF LOTS 21 TO 33,BOTH INCLUSIVE,BLOCK 1 OF CARVERS SUBDIVISION AND BOUNDED ON THE WEST BY THE EAST BOUNDARY LINE OF LOTS 1 TO 10,BOTH INCLUSIVE,OF BLOCK 2 OF CARVERS SUBDIVISION ON THE SOUTH BY THE NORTHERLY LINE OF SUNSET DRIVE AND ON THE NORTH BY THE SOUTHERLY LINE OF US HIGHWAY 1,ALL ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6,PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA. PARCEL 2 LOTS 1,2,AND 33,BLOCK 1,CARVERS SUBDIVISION, ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6 AT PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA,EXCEPT THAT PORTION OF SAID LOT 33,BLOCK 1,DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 33,RUN NORTH 99.7 FEET TO THE SOUTHEASTERLY LINE OF DIXIE HIGHWAY THENCE ALONG SAID HIGHWAY LINE NORTHEASTERLY 47 FEET;THENCE AT RIGHT ANGLES TO THE HIGHWAY RUN SOUTHEASTERLY 80 FEET;THENCE SOUTHEASTERLY 68.90 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 33,100 FEET EAST OF THE SOUTHWEST CORNER;THENCE WEST 100 FEET TO THE POINT OF BEGINNING;EXCEPT THAT PORTION OF THE ABOVE PROPERTY WHICH AS TAKEN IN AN EMINENT DOMAIN PROCEEDING BY OR CONVEYED TO THE CITY OF SOUTH MIAMI FOR STREET PURPOSES. PARCEL 3.LOTS 16 AND 18 AND LOT 19,LYING EAST OF THE LOT 18 ALL IN BLOCK 1,CARVERS SUBDIVISION OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA. GameWorks Restaurant Special Use Permit:May 5,1998 3 Section 1.The request submitted by Sega GameWorks,L.L.C., to revise the Special Use Permit granted on July 29,1997,via Resolution No.151-97-10121 to operate a "Restaurant,General," to be located in the "SR"Specialty Retail/Residential district and the Hometown District,pursuant to Section 20-3.4(B)(4)(b) and Section 20-7.12(A)of the Land Development Code,is granted. Section 2.This approval is subject to and dependent upon the restriction and limitation of the "Restaurant,General"use tothe property located at5701 Sunset Drive and as indicated on the submitted plans. Section 3.The City Manager may revoke this approval upon a determination that any other portion of the property,legally described herein,is being utilized for restaurant purposes, including storage,food preparation,deliveries or any services related to restaurant uses,which are not authorized and licensed by the City of South Miami for the subject property. Section 4.The City Manager may revoke this approval upon a determination that any other property is being utilized for restaurant purposes,and such use is related to the subject property,but such use has not been authorized and licensed by the City of South Miami,including storage,food preparation, deliveries or any other services related to this restaurant use. Section 5.The City Manager shall have final approval and authority over all matters regarding the determination of the applicant's compliance with the intent of these sections. Section 6.This resolution shall take effect immediately upon approval. PASSED /AND /ADOPTED this 5th day of May,1998. ATTEST: READ AND APPROVED AS TO FORM CITY ATTORNEY c:\...\Reports \Monitor BC#3 APPROVED: J^LL/3t&±K& MAYOR COMMISSION VOTE: Mayor Robaina:YEA Vice-Mayor Oliveros:YEA Commissioner Feliu:YEA Commissioner Russell?EA 5-0 Commissioner Bethel:YEA GameWorks Restaurant Special Use Permit:May 5,1998 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and City Commission Date:April 15.1998 Agenda Item # Re:Comm.Mtg.05/05/98 GameWorks Restaurant From:Charles D.Scurr City Manager & REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA.RELATING TOAREVISIONOFASPECIALUSEPERMITFORA "RESTAURANT.GENERAL."PURSUANTTOSECTION 20-3.4 (B)(4)(B)OF THE LAND DEVELOPMENT CODE.EFFECTING A CHANGE TO RESOLUTION NO.151-97-10121. REGARDING THEPROPERTYLOCATEDAT5701SUNSETDRIVE.SOUTHMIAMI,FLORIDA 33143;PROVIDING A LEGAL DESCRIPTION;AND.PROVIDING AN EFFECTIVE DATE. BACKGROUND: The applicant.Sega GameWorks,isrequestingarevisiontothepreviouslyapprovedspecialuse permittooperateaGeneralRestaurantaspart of theirfacilitiesplannedfor5701SunsetDrive. Thisrequestincludesanincreaseinthetotalarea of restaurantfrom4.200squarefeet of gross floor area to 5.170 square feet of gross floorarea.The proposal provides seating for200patrons. The previous approval provides seating for 100 patrons.Thenew GameWorks layoutand design reflects an overall decrease in height of the facility fromthree stories totwo stories.A detailed staff reportis attached,andapplicableLandDevelopmentCoderegulationsareincludedbelow: The definition of General Restaurant,specialuse conditions forall uses,and specific conditions for General Restaurant are included below: DEFINITION [from Section 20-2.3;found onpage16 of the Land Development Code] Restaurant,general.Shall mean an establishment where the principal business is the sale of foodand beverages to the customer in a ready-to-consume stateand where the design or principal method ofoperation consists ofeither ofthe following: Sit-down restaurants where customers are normally provided with an individual menu and food and beverages aregenerallyservedin non-disposable containers by a restaurant employee at the same table or counter at which said items are consumed;or. City Manager's Report:GameWorksRestaurantSpecialUsePermit Cafeteria-type restaurants where food and beverages are generally served in non-disposable containers and consumed onthepremises.Allsuch cafeteria-type establishments shall provide onlyinsideor patio service on private property. Catering service shall be allowed asan additional useintheSR zoning district. In either the case of Sit-down or Cafeteria-type restaurants,public streets,rights-of-way,and sidewalks maynotbe used for patio or street-side services of any kind.Thisusemayinclude takeout service,but exclude any service toa customer ina motor vehicle.Seating mustbe providedfor all patrons dining onthepremises. Theproposeduseis located inthe "SR"Specialty Retail/Residential zoning districtandthe Hometown District.A "restaurant,general"is permitted as indicated under Section 20-7.12 (A) of theLand Development Code[uselistedonpage 156];however,theuseisnotedbyanasterisk which is explained under Section 20-7.12(C)[foundonpage 158],indicatingthat "uses marked withanasteriskrequireaspecialusepermit."Thus,suchuses must meet therequirementsfor specialusescontainedunder Section 20-3.4andSection20-5.8 of theLand Development Code. These requirements arethesamethroughouttheCity,and excerpted sections are included below: SPECIAL USE CONDITIONS (A)General Requirements [from Section 20-3.4;foundonpage40 of the Land Development Code] (1)All suchusesshall comply with allrequirements established intheappropriate zoning use district,unless additionalormorerestrictive requirements aresetforth below orby the City Commission. (2;All such uses shallbe determined tobe of a compatible and complementary nature with any existing or planned surrounding uses. (3)A public hearingshallbeheldbythe City Commission to determine theoverall compatibility of theuse with thesurrounding neighborhood. (B)Special Requirements [from Section 20-3.4;found onpage41 of the Land Development Code) (4)RESTAURANTS (b)RESTAURANT,GENERAL i.Allsuchestablishmentsshallprovideonlyinsideorpatioserviceonprivate property.Publicstreets,rights-of-way,sidewalks andrequired setbacks may not be used forpatioorstreet-sideservices of anykind. ii.No services of a drive-in or of afastfoodnatureshallbe permitted. iii.The City Commission shallreviewand recommend approval,disapprovalor modification of allsiteplansandprojectspecificationsforthisSpecialUsePermit. City Manager's Report:GameWorks Restaurant SpecialUse Permit sx ANALYSIS: Staff believes that the requested special use complies with the overall requirements stated under Section 20-5.8 of the Land Development Code [found on page 111],regarding the required conditions for special use approval by the City Commission.Specifically,staff finds that the use meets the conditional requirements set forth in Section 20-3.4 and that the use: a)Will not adversely affect the health or safety of persons residing or working in the vicinity ofthe proposed use [Section 20-5.8 (B)(1)(a)]; b)Will not be detrimental to the public welfare or property or improvements in the neighborhood [Section 20-5.8 (B)(1)(b)];and, c)Complies with all other applicable Code provisions [Section 20-5.8 (B)(1)(c)]. On April 14,1998,the Planning Board voted 5:0 to recommend approval as presented. RECOMMENDATION:Approval. Attachments: Resolution forPublic Hearing andadoption Planning BoardStaffReportby Gregory J.Oravec Letter of Authorization from the Property Owner Letter of Intentfrom Applicant's Representative Reduction of the Proposed Interior Layout Advertisement for Publication and Mailing Mailing AreaMap(500-footmailing radius) Excerpted Planning Board Minutes from 07/08/97 Copy of Adopted Resolution No.151 -97-10121 Excerpted Planning Board Minutes from 04/14/98 City Manager's Report:GameWorks Restaurant Special Use Permit XX EXHIBIT 1 PARCEL 1.LOTS 3,4f AND 5;LOTS 6 THROUGH 10,INCLUSIVE,LESS THE EAST 20 FEET;LOTS 11 THROUGH 15,INCLUSIVE,LOT 19 LYING EAST OF LOT 18 AND LOTS 20 THROUGH 32,INCLUSIVE AND PART OF LOT 33 AS FOLLOWS:BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 33, THENCE RUN NORTH 99.7 FEET ;THENCE RUN NORTHEASTERLY PARALLEL TO THE F.E.C.RAILWAY 47 FEET;THENCE AT RIGHT ANGLES TO THE LAST LINE,RUN SOUTHEASTERLY 80 FEET;THENCE RUN SOUTHEASTERLY 68.9 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 33,WHICH POINT IS 100 FEET EAST OF THE WEST LINE OF SAID LOT 33;THENCE RUN WEST ALONG SAID SOUTH LINE 100 FEET TO THE POINT OF BEGINNING ALL IN BLOCK 1 OF CARVER'S SUBDIVISION ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6,PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA. LOTS 1 AND 9,INCLUSIVE,LOTS 10 THROUGH 13,INCLUSIVE,LESS THE SOUTH 13 FEET AND LOTS 17 THROUGH 22,INCLUSIVE ALL IN BLOCK 2 OF CARVERS SUBDIVISION,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6,PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA. THAT CERTAIN PARCEL OF LAND WHICH FORMERLY CONSTITUTED NORTH RED COURT,WHICH IS BOUND ON THE EAST SIDE BY THE WEST BOUNDARY LINE OF LOTS 21 TO 33,BOTH INCLUSIVE,BLOCK 1 OF CARVERS SUBDIVISION AND BOUNDED ON THE WEST BY THE EAST BOUNDARY LINE OF LOTS 1 TO 10,BOTH INCLUSIVE,OF BLOCK 2 OF CARVERS SUBDIVISION ON THE SOUTH BY THE NORTHERLY LINE OF SUNSET DRIVE AND ON THE NORTH BY THE SOUTHERLY LINE OF US HIGHWAY 1,ALL ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6,PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA. PARCEL 2 LOTS 1,2,AND 33,BLOCK 1,CARVERS SUBDIVISION, ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6 AT PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA,EXCEPT THAT PORTION OF SAID LOT 33,BLOCK 1,DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 33,RUN NORTH 99.7 FEET TO THE SOUTHEASTERLY LINE OF DIXIE HIGHWAY THENCE ALONG SAID HIGHWAY LINE NORTHEASTERLY 47 FEET;THENCE AT RIGHT ANGLES TO THE HIGHWAY RUN SOUTHEASTERLY 80 FEET;THENCE SOUTHEASTERLY 68.90 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 33,100 FEET EAST OF THE SOUTHWEST CORNER;THENCE WEST 100 FEET TO THE POINT OF BEGINNING;EXCEPT THAT PORTION OF THE ABOVE PROPERTY WHICH AS TAKEN IN AN EMINENT DOMAIN PROCEEDING BY OR CONVEYED TO THE CITY OF SOUTH MIAMI FOR STREET PURPOSES. PARCEL 3.LOTS 16 AND 18 AND LOT 19,LYING EAST OF THE LOT 18 ALL IN BLOCK 1,CARVERS SUBDIVISION OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA. GameWorks Restaurant Special Use Permit:May 5,1998 2>- CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Chair &Planning BoardMembersDate:April9,1998 From:Gregory J.Oravec ^aC\Re:ARevision to a Special Use Planner j If/Permit at 5701 Sunset Drive ITEM:PB-98-006 Applicant:Sega GameWorks L.L.C. Request:Arevisiontoaspecialusepermitfora"Restaurant,General,"pursuantto section20-3.4(B)(4)(b)of theLandDevelopmentCode,effectinga change to Resolution #151-97-10121. Location:5701 Sunset Drive South Miami.Florida 33143 BACKGROUND &ANALYSIS OnApril1,1997,the City Commission approved Resolution No.64-97-10035,allocating the Shops at Sunset Place atotal of 61.250 squarefeet of restaurant space. OnJuly29,1997.theCity Commission,acting pursuant to Section 20-3.4 (B)(4)(b)of theLand Development Code,whichstatesthat "the City Commission shall review and recommend approval,disapprovalormodification of allsiteplansandproject specifications forthethisspecialusepermit ['Restaurant,General']."passed Resolution No.151-97-10121,approving GameWorks'requesttooperate 4.200 squarefeet of its facility asa "Restaurant,General." OnFebruary19,1998,GameWorks submitted an application for exterior building revisions tothe Environmental Review and Preservation Board (ERPB),which included changing thefacilityfromthreelevelstotwolevels. OnMarch3,1998.ERPBapprovalwasgrantedto GameWorks forsaid exterior building revisions. OnMarch 17.1998,GameWorks appliedtorevisethe approved SpecialUsePermitin order to allow the following modifications tothe restaurant-use located inthe facility: 1.Change of layout,resulting from a three-level facility becoming a two-^JL level facility. 2.An increasein restaurant area of 970squarefeet,allowingforincreased seatingand food service inthe proposed Party RoomA,Party RoomB. and VIP lounge. 3.Amoredefined seating area,providingfor separation fromthegaming area and a more "traditional"dining experience. The additional 970 square feet of restaurant space would increase GameWorks*total restaurant space to 5,170 square feet,well below the 61,250 square feet allocated by the City Commission tothe Shops at Sunset Place for restaurant use.The proposed changes do not negatively impact the concept which was previously approved bythe Planning Board and City Commission.Furthermore,staff has determined that the approval of the request: 1)Willnot adversely affect the health or safety of persons residing or working inthe vicinity of theproposeduse; 2)Willnotbe detrimental tothe public welfare or property or improvements inthe neighborhood:and 3)Complieswithallother applicable Code provisions. COMPREHENSIVE PLAN The requested revision toa special use permit for a "Restaurant,General"doesnot conflictwiththeadoptedComprehensive Plan of theCity of SouthMiami. APPLICABLE REGULATIONS Land Development Code •Section20-3.4(B)(4)(b)Special UseConditions for a "Restaurant,General" •Section 20-5.8 SpecialUsePermit •Section 20-7.12 Hometown District Permitted Uses RECOMMENDATION Staff recommends approval withthe condition thatthe applicant submita revised floor plan whichspecificallyidentifiesthe 5,170 square feet of restaurant space. Attachments: Statement of Intent of GameWorks Letter of Authority fromPropertyOwner,datedApril10.1998 Floor Plan,dated April 1,1998 Planning Board Minutes of July8,1997.relating toGameWorks Resolution No.151-97-10121 SMOI\Planninit\PB\Reponsv GameWorks Revision Staff Repon doc 2* SIMON DEBARTOLO GROUP March 17,1998 Via FAX #818/866-9797 Ms.Janice L.Miller Director,Business and Legal Affairs Gameworks 10 Universal City Plaza,Suite 3300 Universal City,CA 91608 RE:Shops at Sunset Dear Janice: RECEIVED .MA.1 i7 I3S3 JANICE L..VWLLEFi RSQ SEGA GAMEWORKS LLC. I've receivedyourplansdated March 12,1998 (Sheet #A102-RBand A104-RB). We approve the submission oftheplanstotheRPB. Please let me know the result of the hearing. Sincerely, SIMON DeBARTOLO GROUP ^— Thomas J.Schneider Sr.Vice President -Development TJS:nr cc:Aaron Cohen w/encls. Ron Grabill w/encls. Mike Sharp w/encls. 9 MAR 1 01998 PLANNING DIVISION 4 NATIONAL CITY CENTER o POST OFFICE BOX 7033 o INDIANAPOLIS,INDIANA °46207 a 317-636-1600 Xk APP-10-1998 11:41 LEGfiL&CONTRfiCTS'81SS669797 P.Q2--G: STATEMENT OF INTENT OF GAMEWORKS Sega GameWorks L.L.C.("GameWorks")respectfully requeststhata revision toour special use permitofJuly29,1997 begrantedforour restaurant to be locatedatthe Shops at Sunset Place. Since July 1997changeshavebeenmadetothe GameWorks facility.Overall,the revisions have been made duetothe evolution andgrowth of GameWorks as abrand. This factorhas driven ourvenuestobetteraddressthe needs ofguests in providing them with moreoftheexperiencetheyhave requested.Specifically attheShopsat Sunset Place,GameWorks has gone froma three story space withtwo entrances,to twolevels with one main means ofentry.Second,partyrooms have been added tothe facility to address concerns raisedinamarketstudytomeetthe needs oflocal corporations.Third,ourrestaurantareahaschanged location within the facility to separate it from thegameexperienceand focus more on traditional dining.The style of dining hasalsobeen enhanced from "fast food"toa"sit down"experience with wait service. The restaurant at the GameWorks Shops at Sunset Place location will offer approximately200 seats fordininginnotmorethan 5,170 square feet which includes ourbars and backof house support areas as ismore fully described inthe attached floor plans.Ourguests will beableto relax and dine ona wide variety of food offerings from appetizers,burgers,sandwiches,pasta,soupsand salads to gourmet pizzas, fresh-cutFrenchFriesto guilt-free desserts.The attached menuisasampleofwhat GameWorkscurrentlyoffersit'sguestsatour Tempe,Arizona location.(Note this menuis subject to change based on guest desires).GameWorksalsoprovidesforour guests a complete banquet menu with itemsrangingfrom continental breakfasts toa exhibition stylepasta station (menu tobe provided upon request).Finally,itisalso GameWorks'intenttooffer alcoholic beverages toour guests,toincludebeer,wine, and mixed beverages,as permitted by law. 2*. HPP-1Q-1993 11:42 LEGfiL&CONTRACTS'8188669797 P.03/03 LLC April 10.1998 Thomas Schneider Sr.Woo President Development Simon DeBartolo Group National City Center P.O.Box 46207 Indianapolis.IN 46207 RE:GameWorks Shops at Sunset Place,Miami,Florida Application forRevisionto Special Use Permit -Restaurant Dear Tom:&i\;4W Aisvcvhi*^Cro. The purpose of this letter im to request the approval of thd&imon DeBertfo Group)to increase the total restaurant square footage by 170 square 1W toranew total eftS/M? square feet.This request is 6mg tothe City of South Miami's review of ourSSRs submitted msupport of the Revision to Special Use Pomtt •Restaurant hearing on April I am having thelatest plans faxed to your office for further review. Thank you for your anticipated cooperation In this matter.If you have any questions or comments with regard to the above,please feel free to contact me at (818)8BB-9767. JTours very truly, x lanice L.Miller,J£sq. Director,Business and Legal Affairs cc:Jos)MoufiQ Mtehaal Pwchcr John Leooftt Marichelte Inonog Jonathan warn.Cuninanam Grot* Agreed toand Accepted By: Thomas J.ScHneider Senior Vice President Development ^sX^hAA^s^,^ to Ufihr«ra»l City Plan -Suite 3300 •UmVvrsaf City.CA f 1608 t«l:816-777.42*3 TOTRL P.02 IX TOTRL P.03 Tcr y-_... *t I 'I iiiii i8ll&il 2 :i 2£8i§3!P P'l (l«fill* p I I I i I !I I I I I I I' MINIMUM' •in i if V l!!'l!'H!H xz ._-..n.' II PHIl 5§isg p l»i 1!fU 'i 11 111111111 r I M 111111 It. i ...••i i if <3)I!!WW au in Hi iii 'i i!ill!III 1 Jl J 4 2 is •- & *2r =j 115 ;3 P f"!{"I"'I l» IH ||f 'II HI II!' NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive;South Miami,Florida 33143 Phone:(305)663-6327;Fax#:(305)666-4591 On Tuesday,April14,1998,at7:30P.M.,theCity of SouthMiami Planning Boardwillconduct aPublic Hearing inthe Commission Chambers attheabove address onthe following: ITEM:PB-98-006 Applicant:Sega GameWorks L.L.C. Request:A revision toa special use permit fora "Restaurant.General,"pursuant to section 20-3.4 (B)(4)(b)of the Land Development Code,effecting a change to Resolution #151-97-10121. Location:5701 Sunset Drive South Miami,Florida 33143 All interested parties areurgedtoattend.Objections or expressions of approval maybemadein personatthe hearing orfiledin writing priortooratthehearing.The Planning Boardreserves the right to recommend tothe City Commission whatever the board considers inthe best interest fortheareainvolved.Interested partiesrequesting information areaskedto contact thePlanning and Zoning Department by calling 663-6326 or writing tothe address indicated above. Youare hereby advised that if any person desires to appeal any decision made with respect to any matter considered atthis meeting orhearing,such person willneedarecord of the proceedings,andforsuchpurposemayneedtoensurethataverbatimrecord of theproceedings is made,whichrecord includes the testimony and evidence upon which theappealistobebased (F.S.286.0105).Refer to hearing number when making any inquiry. v- MAILING AREA APPLICANT: SEGA GAMEWORKS L.L.C.t NORTH OWNER: BAKERY ASSOCIATES LTD. ADDRESS: 5701 SUNSET DRIVE HEARING NUMBER: PB-97-021 REQUEST: SPECIAL USE PERMIT DATE: JULY 8*,1997 CITY OF SOUTH MIAMI PLANNING BOARD K. SUMMARY MINUTES PlanningBoard Tuesday,July 8,h,1997 City Commissioners'Chambers 7:30p.m. I.CalltoorderandthePledge of Allegiancetothe Flag of theUnitedStates of America A.Ms.AnnaDupree,Vice-Chairperson,calledthemeetingtoorderat7:35p.m. II.Roll Call A.Boardmembers present constituting aquorum: 1.Ms.Dupree;Ms.Thorner;Mr.Basu;Mr.Lefley;andMr.Pages B.City staff present: 1.Bill Mackey (Planning &Zoning Director);Brian Soltz (Planner);and David Struder (Board Secretary) III.Elections (Chairperson) A.AsMr.Illas'termontheBoardexpiredthisyear,Mr.BasuwaselectedChairpersonforthe yearendinginMarch 1998. B.Following the election,theBoard moved tothe Remarks section andMr.Basu invited Mr. Don DeLaney,theCity'sconsultantforits Community Redevelopment Agency (CRA),tospeak inordertoprovide information andgenerateinputontheCRA. IV.Public Hearings A.ITEM:PB-97-021 Applicant:SegaGameworks L.L.C. Request:A Special Use Permit for a "Restaurant,General"in the Hometown District,as specified in§20-3.4(B)(4)(b)ofthe Land Development Code. Location:5701 Sunset Drive South Miami.Florida 33143 1.Ms.Dupreereadtherequestintothe record. PB Min 7-8-97 ' ?* 2.Staff presented theitemtothe Board,noting that the application represents the first restaurant proposedforthe Shops at Sunset Place. 3.Public hearing was opened. a.Ms.Janice Miller,of Gameworks,Los Angeles,signedintospeakand represent the applicant, noting that the restaurant will be located on the third floor of the Shops and will comprise only a portion of the entire Gameworks facility located atthe Shops. 4.Public hearing was closed. 5.Following the close of the public hearing,the Board briefly discussed the application, including such concerns as Gameworks'intent tooffer alcoholic beverages inthe restaurant and tocreateadiningexperienceina non-traditional setting. 6.Motion:Mr.Pages moved approval of the application,as presented.Mr.Basu seconded the motion. 7.Vote:Approved:4Opposed:1 (Ms.Thorner) B.ITEM:PB-97-022 Applicant:Amoco Oil Company Request:Arevisiontoanexisting Special Use Permit for a "Gasoline Service Station"in order topermita additional signage,as specified in§20-3.4(B)(5)of theLand Development Code. Location:6350 South Dixie Highway South Miami,Florida 33143 1.Ms.Thorner readthe request into therecord. 2.Staff presented theitemtothe Board,noting background information relative toAmoco's location inSouthMiami,includingits appearance beforethe City's EnvironmentalReview& Preservation Board in 1996. 3.Publichearingwas opened. a.Mr.DickCoker,attorney,and Mr.Sergio Rodriguez,of Petropac,signedintospeakas representatives.Mr.Coker explained that,while the applicant believed additional signage would improve the appearance of the station,tonight's request involved economics as well as aesthetics, forthestationlacks customary Amoco signagevisibletoUS1motorists. b.Mr.Bruce Bailey,of 6231 SW 78 Street,signed into speak before the Board.Mr.Bailey commented that hewishedto acknowledge the aesthetic improvements created bythe enhanced PB Min 7-8-97 2 IX RESOLUTION NO.151-97-10121 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT,GENERAL,"PURSUANT TO SECTION 20-3.4 (B)(4)(b)OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the applicant,Sega GameWorks,L.L.C.,on behalf of Bakery Associates,Ltd.,has made application,in order to request a Special Use Permit to operate a "Restaurant,General,"to be located in the "SR"Specialty Retail/Residential district and in the Hometown District,pursuant to Section 20-3.4 (B)(4)(b)and Section 20-7.12 (A)of the City's Land Development Code;and, WHEREAS,the property is located as part of 5701 Sunset Drive, South Miami,Florida,33143,and is legally described in a document attached hereto and labeled as,"Exhibit 1;"and, WHEREAS,the property owner has submitted a letter of intent authorizing the future use proposed by the applicant;and, WHEREAS,Planning Division staff has recommended approval of the application for a Special Use Permit,which recommendation is based upon (a)the merits of the application and (b)consistency with the City's adopted Comprehensive Plan;and, WHEREAS,on July 8,1997,the Planning Board voted 4:1 to recommend approval of the Special Use Permit;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.The request submitted by Sega GameWorks,tenant, fora Special Use Permit to operate a "Restaurant,General,"which istobe located in the "SR"Specialty Retail/Residential district and the Hometown District,pursuant to Section 20-3.4 (B)(4)(b)and Section 20-7.12 (A)of the Land Development Code,is hereby granted. Section 2.This approval is subject to and dependent upon the restriction and limitation of the "Restaurant,General"use to the project at 5701 Sunset Drive as indicated on the submitted plans. Section 3.The City Manager may revoke this approval upon a determination that any other portion ofthe property,legally described herein,is being utilized for restaurant purposes, includingstorage,food preparation,deliveriesoranyservices related to restaurant uses,which are not authorized and licensed by the City of South Miami for the subject property. GameWorks Special Use Restaurant:Public Hearing July 29,1997 2* Res.#151-97-10121 Section 4.The City Manager may revoke this approval upon a determination that any other property is being utilized for restaurantpurposes,and suchuseis related tothesubject property,butsuchusehasnotbeen authorized and licensed bythe CityofSouth Miami,including storage,food preparation, deliveries or any other services related to this restaurant use. Section 5.The City Managershall have finalapproval and authorityoverallmattersregardingthedeterminationofthe applicant's compliancewiththeintentofthese sections. Section 6.This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 29th day ofJuly,1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITYATTORNEY ' COMMISSION VOTE: Mayor Price: Vice Mayor Robaina: Comm.Oliveros: Comm.Bethel: Comm.Young: GameWorks Special Use Restaurant:Public Hearing July 29,1997 5-0 Yea Yea c:\...\rep Arts ^Monitor BC ftldoc Yea Yea XL SUMMARY MINUTES REGULAR MEETING PLANNING BOARD Tuesday,April14,1998 City Commission Chambers 7:30 P.M. I.Call to order and the Pledge of Allegiance to the Flag A.Mr.Pages,Chairperson,called themeetingtoorderat7:32p.m. II.Roll Call A.Boardmembers present constituting aquorum 1.Mr.Pages,Mr.Basu,Mr.Morton,Ms.Chimelis,andMs.Dupree B.Board members absent 1.Ms.Thorner andMr.Lefley C.Staff members present 1.BillMackey(Planning&ZoningDirector);GregOravec(Planner);andDavidStruder(Board Secretary) III.Public Hearings A.ITEM:PB-98-006 Applicant:Sega GameWorks L.L.C. Request:A revision toaspecialusepermitfora "Restaurant,General,"pursuant tosection 20-3.4 (B)(4)(b)of theLand Development Code,effecting a change to Resolution #151-97-10121. Location:5701 Sunset Drive South Miami.Florida 33143 1.Mr.Morton readthe request intotherecord. 2.Staff presented the item tothe Board. PBMin 04-14-98 l ^^ a.Staff reviewed their memorandum,A Revision toa Special Use Permit at 5701 Sunset Drive, fortherecord,explaining thatthe application represents a revision tothe approved specialuse permit. b.Staff outlined the modifications thathave been appliedforand noted their recommendation for approval,as shown inthe memorandum. 3.Priorto the public hearing,the Board and staff reviewed the application. a.InresponsetoMr.Morton's inquiry regarding the61,250squarefeetallocatedfor restaurant useat The Shops at Sunset Place,staff explained that only GameWorks hasappliedforspecial use permit approval thus far. b.Mr.Basu asked about a master plan showing tenantsfor The Shops,statingthathehad concernsastothelocations of restauranttenants within theproject,particularlyinregardto choosing sites,suchasalong Sunset Drive,that would encourage pedestrian activity. c.Staff responded that they have atenantlist,which is subject tochange,andthat they would createa template showing aplan of approvedtenantsand would presentitatafuture meeting of the Planning Board. d.Mr.Mackey addedthat,inregardtoThe Shops,staff has "lobbied"extensively tohave restaurants and/or sidewalk cafes locate on Sunset Drive. e.Infurther discussion,Mr.Morton inquired astothe inclusion of abar within GameWorks,and staff replied that,as The Shops islocatedinthe Hometown District,the complex is exempt from distancing requirements for residences. 4.Public hearing was opened. a.Mr.JonathanWatts,of the Cunningham Group,signedintospeakasarepresentative,andhe openedbyexplainingthat GameWorks hasgonethroughseveralchangessincereceivingitslast approval. b.Mr.Watts noted changesthathavetakenplace,including the reduction fromthree levels to twolevelsandtherearrangement of thefloorplan,inordertobringtherestauranttothefront of the tenant space. c.Mr.Wattsexplainedthat additional square footage isbeingrequestedintheupdated application,withabaroneachlevelandtwo party roomsandaVIPloungeonthesecondlevel. d.Mr.Wattspresentedreviseddrawings,indicatingatotal of 5,170 square feet of restaurant space,for review at tonight's meeting. PBMin 04-14-98 ZK e.Mr.Mortonaskedtheapplicanttobecognizant of determiningproperoccupantloadforthe proposed 200seatsat GameWorks. f.Mr.Basuinquiredastothereasoningfortherequestedchanges,andMr.Wattsrespondedthat demographicsand experience,particularly with other GameWorks'locations,includingLas Vegas,provided impetus forthe proposed changes. g.As discussion continued,Mr.Basunotedtheimportancethatthetenantspaces work well not onlyfortheparticularlesseebutalsoforthe complex ingeneral. h.Ms.Chimelis noted that in the letter from GameWorks toMr.Thomas Schneider,of Simon DeBartolo Group,dated April 10.1998,itappearsthattheincreaseinsquarefootage will beby 170 squarefeet,as opposed to970squarefeetshownin staffs aforementioned memorandum. i.Mr.Watts responded thatthefigure of 170 squarefeetisa technicality,basedon information contained in other documents,andthatthe new total of 5.170 squarefeetiscorrect. j.InresponsetoMr.Morton's question.Mr.JoelHouser.projectmanagerwith GameWorks. spokeasasecondrepresentativeandstatedthatthe establishment planstoopenOctober 9,1998. 5.Public hearing continued. a.Mr.David Tucker,Sr.,of 6556 SW 78Terrace,signed into speak before theBoard.Mr. Tucker,speaking in reference toMr.Basu's earlier comments involving location,opined that "location is everything"for businesses suchasrestaurants,stores,etc. b.Mr.Tucker continued by asking theCitytobe mindful of andadhereto Section 20-7.12, Permitted Uses,of the Hometown District Overlay Ordinance. 6.Public hearing was closed. 7.Motion:Mr.Morton moved approval of theapplication,aspresented.Ms.Dupreeseconded the motion. 8.Vote:Approved:5Disapproved:0 IV.Approval of Minutes A.Minutes for March 31,1998 1.TheBoardduly voted onandapprovedtheminutesforMarch31,1998,assubmitted. 2.Vote:Approved:5Disapproved:0 PBMin 04-14-98 vllAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays Miami,Dade County,Florida. VTE OF FLORIDA UNTY OF DADE: 3efore the undersigned authority personally appeared :elma V.Ferbeyre,who on oath says that she is the jervisor.Legal Notices of the Miami Daily Business -lew f/k/a Miami Review,a daily (except Saturday,Sunday i Legal Holidays)newspaper,published at Miami in Dade jnty,Florida;that the attached copy of advertisement, ng a Legal Advertisement of Notice in the matter of :ITY OF SOUTH MIAMI UBLIC HEARING 5/5/98 701 SUNSET DRIVE he XXXXyXX Court, 3 published in said newspaper in the issues of .pr 24,1998 Affiant further says that the said Miami Daily Business /lew isa newspaper published at Miami in said Dade jnty,Florida,and that the sa.n newspaper has heretofore n continuously published in said Dade County,Florida, h day (except Saturday,Sunday and Legal Holidays)and i been entered as second class mail matter at the post :e inMiamiin said Dade County,Florida,for a period of i year next preceding the first publication of the attached >y of advertisement;and affiant further says that she has :her paid nor promised any person,firm or corporation discouptfrebate,commission orjgftJTTtnor thepurpose securing this advertisement J«£o2blicati}>n inthesaid /speper. CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY giventhatthe City Commission ofthe City of South Miami.Florida will conductaPublicHearingduringitsregular City Commission meeting on Tuesday.May 5.1998,beginning at 7:30 p.m..inthe City Commission Chambers.6130Sunset Drive,to consider the following: AREVISIONTOA SPECIAL USEPERMITFORA "RESTAURANT.GENERAL,"PURSUANTTOSECTION20- 3.4 (B)(4)(b)OF THE LAND DEVELOPMENT CODE. EFFECTINGACHANGETORESOLUTION #151-97-10121, RELATINGTOTHE PROPERTY LOCATEDAT5701 SUNSET DRIVE.SOUTH MIAMI.FLORIDA. Inquiries concerning this item should be directed tothe Planning & Zoning Department at:663-6326. ALL interestedpartiesare invited toattendand will beheard. Ronetta Taylor.CMC City Clerk Cityof South Miami Pursuant tcFlorida Statutes 286.0105.theCity hereby advises the public that if a person decides to appeal any decision made by this Board.Agency or Commission with respecttoany matter considered atits meeting or hearing,heorshe will need a record of the proceedings,and that for such purpose,affected person may need to ensure thataverbatim record ofthe proceedings is made whichrecord includes the testimony andevidenceupon which theappealistobe based.4/24 .__98-3-042419M OFFICIAL NOTARY SEAL JANETT LLERENA COMN51SSCH NUMBER CC5S6004 »JY COMMISSION EXPIRES JUNE 23.2000 elma V.Ferbeyre personally knowr 3X