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Res. No. 152-98-10420RESOLUTION NO.152-98-10420 ARESOLUTIONOFTHEMAYORANDCITYCOMMISSIONOFTHE CITYOFSOUTH MIAMI,FLORIDA,RELATING TOAREQUESTFOR ASPECIALUSEPERMITFORA "RESTAURANT,GENERAL," PURSUANTTOSECTION 20-3.4 (B)(4)(b)OFTHELAND DEVELOPMENT CODE,REGARDINGTHEPROPERTYLOCATEDAT 5701SUNSET DRIVE,TENANTSPACE A15,SOUTH MIAMI, FLORIDA 33143;PROVIDINGFORALEGAL DESCRIPTION;AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the applicant,Weiser CSM,Incorporated,on behalf of Bakery Associates,Ltd.,has made application,in order to request a Special Use Permit to operate a "Restaurant,General," tobe located inthe WSR"Specialty Retail/Residential district andinthe Hometown District,pursuant to Section 20-3.4(B)(4)(b) andSection 20-7.12(A)ofthe City's LandDevelopment Code;and, WHEREAS,the property islocatedaspartof5701Sunset Drive,South Miami,Florida,33143,and is legally described ina document attached hereto and labeled as,"Exhibit 1;"and, WHEREAS,the property owner has submitted aletterof intent authorizing the future use proposed bythe applicant;and, WHEREAS,Planning&ZoningDepartmentstaffhasrecommended approval of the application for a Special Use Permit,which recommendationisbasedupon (a)themeritsoftheapplication and (b)consistency withtheCity'sadoptedComprehensivePlan; and, WHEREAS,on May 12,1998,the Planning Board voted 6:0 to recommendapprovaloftheSpecialUse Permit;and, WHEREAS,theMayorandCityCommissionoftheCityofSouth MiamidesiretoaccepttherecommendationofthePlanningBoard. NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.The request submitted by Weiser CSM, Incorporated,tenant,foraSpecialUsePermittooperatea "Restaurant,General,"which istobe located inthe "SR" Specialty Retail/Residential district andtheHometown District, Country StoreSpecialUseRestaurant:Public Hearing June2,1998 pursuanttoSection20-3.4(B)(4)(b)andSection20-7.12(A)ofthe LandDevelopmentCode,isherebygranted. Section2.Thisapprovalissubjecttoanddependentupon therestrictionsandlimitationsofthe"Restaurant,General"use totheprojectat5701SunsetDriveasindicatedonthesubmitted plans. Section3.TheCityManagermayrevokethisapprovalupona determinationthatanyotherportionoftheproperty,legally describedherein,isbeingutilizedforrestaurantpurposes, includingstorage,foodpreparation,deliveriesoranyservices relatedtorestaurantuses,whicharenotauthorizedandlicensed bytheCityofSouthMiamiforthesubjectproperty. Section4.TheCityManagermayrevokethisapprovalupona determinationthatanyotherpropertyisbeingutilizedfor restaurantpurposes,andsuchuseisrelatedtothesubject property,butsuchusehasnotbeenauthorizedandlicensedby theCityofSouthMiami,includingstorage,foodpreparation, deliveriesoranyotherservicesrelatedtothisrestaurantuse. Section5.TheCityManagershallhavefinalapprovaland authorityoverallmattersregardingthedeterminationofthe applicant'scompliancewiththeintentofthesesections. Section6.Thisresolutionshalltakeeffectimmediately uponapproval. PASSEDANDADOPTEDthis2nddayofJune,199: ATTEST: tMsjUfiLs CITYCLERK READANDAPPROVEDASTOFORM ^c^±/££*zS/y? CITYATTORNEY APPROVED: MAYOR COMMISSIONVOTE:Yea MayorRobaina:Yea ViceMayorOliveros:Yea CommissionerRussell:Yea CommissionerFeliu:Yea CommissionerBethel:Yea c:\...\reports\MonitorBC=2.doc CountryStoreSpecialUseRestaurant:PublicHearingJune2,1991 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and City Commission Date:May 27,1998 Agenda Item #« Re:Comm.Mtg.06/02/98 Country Store,Special Use Restaurant From:Charles D.Scurr City Manager REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,RELATING TOA REQUEST FORA SPECIAL USE PERMIT FORA "RESTAURANT, GENERAL,"PURSUANT TO SECTION 20-3.4(B)(4)(b)OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE,TENANT SPACE A15, SOUTH MIAMI,FLORIDA 33143;PROVIDING FORA LEGAL DESCRIPTION;AND,PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND &ANALYSIS OnApril1,1997,theCityCommissionapprovedResolutionNo.64-97-10035,allocatingthe ShopsatSunsetPlaceatotal of 61,250squarefeet of restaurant space. OnMay5,1998,theCity Commission approved Resolution No.125-98-10393,approvingSega GameWorks'request tooperate 5,170 squarefeet of itsfacilityasageneralrestaurant.Thisis theonly restaurant within the Shops at Sunset Place that has received the approval of the City Commission todate.However,several applicants requesting special use approval for general restaurants willbe before the Commission onJune 2nd and 9,h,as demonstrated in Table 1. Table 1:Approved and Proposed Restaurants located in the Shops at Sunset Place Name of Restaurant Square Footage Date of Planning Board Appearance Date of City Commission Hearing GameWorks 5,170 Recommendation for approval 4/14/98 Approved 5/05/98 Swampy's Wilderness Grill 12,686 Recommendation for approval 5/12/98 6/02/98 The Country Store 8,279 Recommendation for approval 5/12/98 6/02/98 Coco Pazzo 5,782 Recommendation for approval 5/12/98 6/02/98 Johnny Rockets 2,230 Recommendation for approval 5/26/98 6/09/98 Total 34,147 Country Store Restaurant Resolution:June 2,1998 The applicant,Weiser CSM,Inc.,is requesting a special use permit to operate a General Restaurant,tobe named the Country Store,in tenant space A15 of the Shops at Sunset Place. The proposed area of the restaurant is 8,279 square feet,and it would provide seating for 221 patrons.The applicant is also proposing an outdoor seating area to accommodate an additional 20 patrons.The applicant proposes a family-oriented dining experience,featuring American home- cooking for breakfast,lunch,and dinner and hours of operation from 7:00 a.m.to midnight, Sunday through Thursday,and 7:00 a.m.to 2:00 a.m.on Friday and Saturday.The proposal also includes a full service bar.A letter of intent is attached,which further explains the Country Store's concept. The definition of General Restaurant,special use conditions for all uses,and specific conditions for General Restaurant are included below: DEFINITION [from Section 20-2.3;found on page 16 of the Land Development Code] Restaurant,general.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 or principal method of operation consists of either of thefollowing: Sit-down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non-disposable containers bya restaurant employee atthe same table or counter at which said items are consumed;or, Cafeteria-type restaurants where food and beverages are generally served in non-disposable containers and consumed on the premises.All such cafeteria-type establishments shall provide only inside or patio service on privateproperty. Catering service shall be allowed asan additional use in the SR zoning district. In either the case of Sit-down or Cafeteria-type restaurants,public streets,rights-of-way,and sidewalks may not be used for patio or street-side services of any kind.This use may include takeout service,but exclude any service to a customer in a motor vehicle.Seating must be provided for all patrons dining on the premises. The proposed use is located in the "SR"Specialty Retail /Residential zoning district and the Hometown District.A "restaurant,general"is permitted as indicated under Section 20-7.12 (A) of the Land Development Code [use listed on page 156];however,the use is noted by an asterisk which is explained under Section 20-7.12 (C)[found on page 158],indicating that "uses marked with an asterisk require a special use permit."Thus,such uses must meet the requirements for special uses contained under Section 20-3.4 and Section 20-5.8 of the Land Development Code. These requirements are the same throughout the City,and excerpted sections are included below: SPECIAL USE CONDITIONS (A)General Requirements (from Section 20-3.4;found on page 39 ofthe Land Development Code) (1)All such uses shall comply with all requirements established in the appropriate zoning use district,unless additional or more restrictive requirements are set forth below or by the City Commission. Country Store Restaurant Resolution:June 2,1998 (2)All such uses shall be determined to be of a compatible and complementary nature with any existing or plannedsurroundinguses. (3)A public hearing shall be held by the City Commission to determine the overall compatibility of the use withthesurroundingneighborhood. (B)Special Requirements [from Section 20-3.4;found on page 40 of the Land Development Code) (4)RESTAURANTS (b)RESTAURANT,GENERAL 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 anykind. ii.No services ofa drive-in orofa fast food nature shall be permitted. iii.The City Commission shall review and recommend approval,disapproval or modification of all siteplansandproject specifications forthis Special Use Permit. 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 meetstheconditionalrequirementssetforthinSection20-3.4andthattheuse: d)Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposeduse[Section20-5.8(B)(1)(a)]; e)Will not be detrimental to the public welfare or property or improvements in the neighborhood [Section 20-5.8 (B)(1)(b)];and, f)Complies with all other applicable Code provisions [Section 20-5.8 (B)(1)(c)]. On May 12,1998,the Planning Board voted 6:0 to recommend approval of the subject application.Although the recommendation was for approval,the Board members expressed their dissatisfaction over the applicant's absence at the public hearing and quality of submitted plans. As a result,the applicant made a well-received presentation to the Planning Board on May 26, 1998,which included additional plans. RECOMMENDATION-Approval. Attachments: Resolution for Public Hearing and adoption Letter of Authorization from the Property Owner Letter of Intent from Applicant's Representative Excerpt of Menu Reduction of LeasingPlan,Level1 Reduction ofthe Proposed Interior Layout Advertisement for Publication and Mailing Mailing Area Map (500-foot mailing radius) May 12,1998 Excerpted Planning Board Minutes Country Store Restaurant Resolution:June 2,1998 LEGAL DESCRIPTION A portion of Blocks 1and2andthatStreetbetween Blocks 1and2designatedas ChurchStreet,knownas North RedCourt,andnowknown as SW57 Court,'Carvers Subdivision',according tothe plat thereof asrecorded In Plat8ook6atPage36ofthe Public Records of Dade County,Florida,being more particularly described as follows: Commence attheSouthwestcornerofLot 13,Block 2of said recorded platof"Carvers Subdivision";thence North 04A17'45'West,along the West lineof said Lot 13,for 25.00 feettothePointofBeginningofthe hereinafter described parcel ofland;thence continue North 04*17*45*West,along the West lineof said Lot 13,for 125.19 feet to the Northwest comer ofsaidLot13;thence North 85*14'41-East,along theNorthlineof said Lot 13,for 50.01 feet tothe Northeast corner of said Lot 13;thence North 04*17*56" West,along the West lineofLots9of said Block2,for 50.07 feet to the Northwest corner of said Lot9;thence South 85*14'30'West,along the South lineofLot 17 of said Block2,for 139.57 feettotheEasterlyRight-of-WaylineofSW58thAvenue,as described in that certain Right-of-Way Deed,recorded inOfficial Records Book 17359, at Page 3073;the following four(4)courses beingalongthesaidEasterly Right-of-Way lineof SW 58th Avenue;thence North 04*26'38#West,along aline 11.00 feet East of and parallel with the West lineof Lots 17 18 and 19 of said Block 2,for 142.96 feet to a point;thence North 03*10*15"West for 9.00 feet toa point;thence North 02*32l40"East for 49.89 feet toapoint;thence North 04*00*50'West for 139.26 feet toa point on the Northerlylineof said Block 2;thence North 45*46*59"East,alongthe Northerly lineof said Block2 and theSoutherlyRight-of-Waylineof South Dixie HighwayNo.1 (State RoadNo.5),for 334.10 feettoa point;thence North 46*42'58"East,alongthe Right-of- Way lineof State RoadNo.5,as described in those certain Right-of-Way Deeds, recorded inOfficial Records Book 4131,at Page 596 and Official Records Book 4132 at Page 11,for366.95feettoa point ofcurvature with a circular curve in thewesterly Right-of-WaylineofSW57thAvenue (Red Road);the following two(2)courses being along the said Westerly Right-of-Way lineof SW 57th Avenue (Red Road),as described in that certain Right-of-WayDeed,recorded in Official Records Book17500 at Page 3714 and as described in that certain Dade County Disclaimer,recorded inOfficial Records Book 17498*atPage 1540;thence Southeasterly,alonga circular curve concave to the Southwest having a radius of 25.00 feet,a central angle of .128*68,48" foranarcof56.28feettoaPointofTangency with aline31.00feetWestofand parallel with the East lineof said Block1;thence South 04*18*13"East,parallelwiththe East line ofsaid Block 1,for 912.39 feettoa point of curvature;thence Southwesterly alonga circularcurveconcavetothe Northwest havingaradiusof25.00feet,acentralangleof 89*33'27'foranarcdistanceof39.08feettoaPointof Tangency witha line 25.00feet Northof and parallel withthe South lineof said Blocks1 and 2;thence South 85*15*14" West,parallel with the South line ofsaid Blocks 1and2andthe Northerly Right-of-Way line ofSW72ndStreet(Sunset Drive).as describedinthatcertain Quit Claim Deed, recorded in Official RecordsBook 17498 at Page 1513and as described in thatcertain Right-of-Way Deed,recorded in Official Records Book 17359 at Page 3068,for474.40 feettothePointof Beginning;containing 9.708Acresmoreorless. May 7,1998 Mr.Gregory J.Oravec City ofSouth Miami 6130 Sunset Drive South Miami,FL 33143 RE:The Country Store Shops at Sunset Place Miami,Florida |S1MQN| IPFBARTOLO 1GROUP1 ViaFAX#305/666-4591 Dear Greg: We are aware that you are currently reviewing plans for The Country Store.We acknowledge that 8,279 square feet of this tenant's square footage wril count against our restaurant cap (the balance of 280 square feet is outside dining). This letter is to acknowledge that The Country Store's utilization of 8,279 square feet for restaurant use will count against the cap.If you need anything additional,please call. Sincerely, SIMON DeBARTOLO GROUP Thomas J.Schneider SeniorVice President -Development TJS:nr cc:Eddie Latessa Bob Horkay ,^.^.---~->~---~~—t 3250 Mary Street Suite #203 Coconut Grove,Florida 33133 Telephone 305-461-2228 Fax 305-461-2231 Statement ofIntentof "Country Store" Weiser,CSM,Inc.("Country Store"respectfully requests that a special use Permit be granted for our proposed restaurant to be located at the Shops at Sunset Place. The concept behind Country Store and our intentfor this restaurant is as follows: Country Store will bea family orientedrestaurant,market,merchandisestore,bakery andbar.Combining all of these elementsintoaveryexciting 8,600 square foot facility. This concept isbeing developed bythe same teamofpeoplethatput together the award wining CAFE TUTU TANGO.With the same kind ofcommitment to the highest levelsofqualityinfoodandservice,theCountry Store will also hopefully become one of South Miamians favoritedining establishments. Country Store will offera full servicethreemealperiod restaurant andmarket.From freshbakedbreads,pastriesand muffins throughoutthedaytogreatsandwichesat themarket during lunchtoan extraordinary American home cooking full servicemenu at Breakfast,Lunch and Dinner. It istheCountry Stores intentto offer alcoholic beveragesto include beer,wine and liquor toour guests atasitdownbar&lounge,as well aspatrontables. The Country Store's proposed operating hours are from 7:00a.m.To Midnight Sunday through Thursday,7:00 am.to2:00a.m.on Friday andSaturday. b rAnpeffoprg Cornmcal Crusted Chicken Wings Served with ajalapcno aioli Crillcd Salami Basted with asweet whole grain mustard Crab Cakes Enc-d in bedded poutocs and ^^,^^! TurkeyMeatballs Topped with sweet onions and tomatoes ' Buttermilk Vidifa Onion NestServedwin,aMaytag blue cheese dip * America's Finest Cheese Sampling Choose rrom your favoHte Vermont.Wisconsin and Oregon Cheese! Sour2i^_Qim!s Vegetable Chili Bowl Assortment of Beans,Vegetables and Spices' Tot of Chicken Noodle Soup Just like Grandmas 5 Wild Wee-N.Mushroom Soup Loaded with assorted mushrooms-S Visit our market place you choose...we chop" Terrene S Brunch menu Each tabic willbegivenabasketofhotapplefritters To start Achoice ofourfreshly squeezed juices Or Our fresh fruit smoothies li&ofthese following items are made with only the freshest ingredients •Oatmeal Pancakes Served with an assortment of fresh fruit •Freshblueberry pancakes ServedwithVermontmaplesyrup •Cinnamon sour cream waffles Raisin walnut French toast «Banana bread pudding Frenchtoast •Homemade granola With an assortment of dried fruits •Smoked whitcflsh &.salmon Accompaniedwithredonionscapersandchivepancakes •Poached eggs Servedon white com biscuits with ncuski bacon and a roasted tomato hollandaisc •Salami andeggs Served witharoastedcomryebread •Farmers omelet Filledwithfreshvegetablesandcottagecheese •Focaccia egg sandwich With procuitto and Vermont white cheddar cheese •Smoked turkey hash Served with a tomato salsa •Lobster,comandpotatohash Served with an herb cheese sauce SIDES Baked homefrics Cottage Ines Steamedspinach Neuski bacon Chicken apple sausage Garlicgrits Fresh fruit ,ln/tfVLUI11LflIIII^CTsT?7^^1 ®?|<H>|99<R ©i©AJ>AAJ>©A©®?A®®®®®©©€ DrawingFile LEVEL1LEASINGPLAN SCALEr=80' 4©<•>®"o©i THESKO1K^ PRQJMJL.QA1A -VAX TOTALSEPARTVI.M STOREGLA 26.893 26.S93 174.588 201.481 ATSUNSETPLACE SOUTHMIAMI,FLORIDA SIMON: DEBAR3OL0 GROUP 4 CITY OF SOUTH MIAMI Planning and Zoning Department 6130Sunset Drive,SouthMiami.Florida 33143 Phone:(305)663-6327;Fax #:(305)666-4591 On Tuesday,May 12.1998,at 7:30 P.M.the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following: A Special Use Permit for a"Restaurant,General"in the Hometown District,as specified in §20- 3.4(B)(4)(b)of the Land Development Code,regarding property located at 5701 Sunset Drive, Tenant Space A09,South Miami,Florida 33143. A Special Use Permit for a"Restaurant,General"in the Hometown District,as specified in §20- 3.4(B)(4)(b)of the Land Development Code,regarding property located at 5701 Sunset Drive. Tenant Space A15,South Miami,Florida 33143. A Special Use Permit for a"Restaurant,General"in the Hometown District,as specified in §20- 3.4(B)(4)(b)of the Land Development Code,regarding property located at 5701 Sunset Drive, Tenant Space B01,South Miami,Florida 33143. For more information regarding this application or any matter,please call (305)663-6326. All interested parties are urged to attend.Objections or expressions of approval may be made mperson at the hearing or filed inwritingpriortooratmetaring.The Planning Board reserves the right to recommend to me City Commission whatever he board considers in the best interest for the area involved.Interested panies requesting information are asked to contact the Planning and Zoning Department by calling 663-6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing,such person will need arecord of the proceedings,and for such purpose may need to ensure that averbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).Referto hearing number when making any inquiry. t> — M A I L I N G A R E A — A P P L I C A N T : W E I S E R C S M , I N C . O W N E R : B A K E R Y A S S O C I A T E S , LT D . A D D R E S S : 5 7 0 1 S U N S E T D R I V E T E N A N T S P A C E A l 5 R E Q U E S T : S P E C I A L U S E P E R M I T C I T Y O F S O U T H M I A M I H E A R I N G N U M B E R : P B - 9 8 - 0 0 9 D A T E : M A Y 1 2 , 1 9 9 8 P L A N N I N G B O A R D p SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday,May12,1998 City Commission Chambers 7:30 P.M. I.Call to order and the Pledge of Allegiance A.Mr.Pages,Chairperson,called the meeting toorder. II.Roll Call A.Board members present constituting a quorum 1.Mr.Pages,Mr.Morton,Ms.Chimelis,Mr.Lefley,Mr.Basu,andMr.Wiscombe B.Board members absent 1.Ms.Thorner C.City staff present 1.Greg Oravec (Acting Director,Planning &Zoning) III.Presentations A.Celebration of thePlanningBoard's 50th Anniversary 1.Mr.Pagesrelatedthatitisanhonorableandenrichingexperiencetobeamember of the Planning Board,particularly atthetimeofits 50th anniversary celebration. 2.Mr.Pages called forabrief recess to acknowledge the Planning Board's 50th anniversary. 3.TheBoard reconvened andcontinuedwiththeRemarkssection of theagenda. IV.Public Hearings PBMin 05-12-98 e.Mr.Schneider noted that the company wishes to get involved in retailing logo merchandise at restaurants,such as Swampy's,similar to the selling of logo merchandise done by Hard Rock Cafe. f.Mr.Pages related concerns involving the complex's pedestrian integration at street level,a situation that could be enhanced with restaurants having outdoor seating and dining. g.Mr.Schneider responded that a future application involves a proposed tenant,China Grill Cafe,to be located on Sunset Drive,while similar uses are encouraged for spaces A01,A02,and A02A on Sunset Drive. h.In addition,Mr.Schneider indicated that Barnies'Coffee &Tea,as well as spaces CIO and CI 1,will have a presence on Red Road to encourage pedestrian activity. i.Mr.Schneider continued by reviewing the streetscape for Sunset Drive from the intersection with Red Road,including Barnes &Noble,China Grill Cafe,Z-Gallerie,lobbies for the residential units,and additional tenant spaces. j.The Board concurred that it does not wish for the Shops tobea "self-contained"or an "inward-looking"complex,and it emphasized that outdoor seating and dining should be encouraged within the project and along the adjacent streets of the project wherever possible. k.The Board also concurred that a representative from Ogden or Swampy's would have been helpful to elaborate on certain details,including the restaurant's concept,and Mr.Schneider stated that he would welcome the opportunity for such a representative to come before the Board atits next meeting. 1.Staff noted that the application meets all requirements for submittal to Planning Board. 7.Motion:Mr.Morton moved approval of the application as presented.Ms.Chimelis seconded the motion. 8.Vote:Approved:6 Disapproved:0 B.ITEM:PB-98-009 Applicant:WeiserCSM,Inc. Request:A Special Use Permit for a"Restaurant,General"in the Hometown District,as specified in §20-3.4(B)(4)(b)of the Land Development Code. Location:5701 Sunset Drive TenantSpace Al 5 South Miami,Florida 33143 1.Mr.Wiscombe read the request into the record.No representative was present for the applicant. PBMin 05-12-98 2.StaffpresentedtheitemtotheBoard,explainingthatthenewrestaurantwouldbelocatedin tenantspace A15,wouldoccupy8,279squarefeet,andwouldprovideseatingfor221patrons indoors and 20 customers outdoors. 3.Public hearing was opened. 4.Therebeingnoonepresentwishingtospeakfororagainsttheitem,thepublichearingwas closed. 5.The Board reviewed the application. a.Mr.Basureiteratedearlierremarksregardingthepedestrian-orientednature of theproject, statingthattheCitymaybe"losingan opportunity tocreatea pedestrian-vibrant environment", as,for example,theoutdoorseatingareaofthisparticular restaurant islimitedin scope. b.InregardtoMr.Morton'sinquiry regarding totalnumberofseats,staff responded thatthe number of seatsisbeingusedforreferencepurposes,withthePlanningBoardactually approving thetotalarea. c.Ms.Chimelisinquiredastonon-inclusion of outdoordining,and staff explainedthattheCity hastraditionallynotincludedoutdoordiningaspart of arestaurant'sallocationandthatthe PlanningBoardmayconsidertheoutdoordiningportionas not part of thisapplication. d.Asreviewcontinued,theBoardemphasizedthata representative fortheapplicantwouldhave beenhelpfultoexplainparticulardetails,includingthe restaurant's conceptingeneralandthe retail portion in particular. e.Mr.Schneider explained that there aretime schedules and constraints involved and staff noted that,while the application meetsall requirements for submittal,if the Planning Board has legitimate concerns,itmay disapprove or recommend approval with conditions. f.In questioning toMr.Gallop,CityAttorney,Mr.Morton inquiredasto whether anapplication is valid if no representative is physically present forthe application. g.Mr.Galloprepliedthatthe Planning Boardmayproceedwithanapplicationeven if no representativeispresentatthemeeting,unlesstheapplicantprovidesadvancednoticethata representative is unavailable andindoingsorequeststhattheBoardnotproceedwiththeitem. 6.Motion:Mr.Mortonmoved approval ofthe application as presented.Mr.Wiscombe seconded the motion. 7.Following formulation ofthe motion,discussion ofthe application continued. PBMin 05-12-98 a.Mr.Gallop explained thattheBoardmustseekanswerstotwo areas:(1)consistency with the Comprehensive Planand(2)compliance with theLand Development Code. b.Staff suggestedthatthe Board's approval bebasedontheconditionthattheapplicantprovide additional information to the City Commission. c.TheBoardconcurredthatitspositionistolook beyond "bare minimum"responsibility involvedwithapplicationsand,inthis particular case,toseetheoverallimpact of the project. 8.Boardmemberscontinuedtoprovidecommentary involving concernsandproblemtheyhad withthe applications and/or project,including receiving additional information withwhichto render a well-informed decision. a.Mr.Basuaskedthatthe applicant and/or representatives return to Planning Boardinorderto provideadditional information andtoallowanexchange of ideas. b.Mr.Lefley statedthathewould prefer a presentation showinghowtheproject interrelates withthesiteandhowitscomponents integrate toformthecomplex,includingsuch particulars as percentages foroutdoordining,provisionsfor fire equipmentandmajorutilities,etc. c.Mr.Schneiderrespondedthatsucha comprehensive presentation ontheprojectwouldbe given at the next Planning Board meeting. d.Staff recommendedthatthePlanningBoardholdaworkshopmeeting involving theShops, includingvisitation of theconstructionsite,andagreedtocontacttheprojectmanagerin scheduling such a meeting. 9.Following the discussion,the Board voted onthe matter. 10.Vote:Approved:6Disapproved:0 C.ITEM:PB-98-010 Applicant:C.P.Rest Sunset,Inc. Request:ASpecialUsePermitfora "Restaurant,General"in,the Hometown District,as specifiedin§20-3.4(B)(4)(b)of theLand Development Code. Location:5701 Sunset Drive Tenant Space B01 South Miami,Florida 33143 1.Ms.Chimelis read therequestintothe record.No representative was present forthe applicant. 2.Staff presented theitemtothe Board,explaining thatthenew restaurant wouldbe located in tenantspace B01,would occupy 5,782squarefeet,and would provideseatingfor 187 patrons PBMin 05-12-98 5 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays Miami,Dade County,Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V.Ferbeyre,who on oath says that 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 Miamiin Dade County,Florida;that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING JUNE 2,1998 in the..XXXXX Court, was published in said newspaper in the issues of May 22,1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County,Florida,and that the said newspaper has heretofore been continuously published in said 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 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 she has neither paid nor promised any person,firm or corporation anydiscount,rebate,commission^rfefunM forthe purpose of secururtf this advertisemenl^q/publication inthesaid Sworn to and subscribed before me this May 98 (SEAL) Octelma V.Ferbeyre person OFFICIAL NOTARY SEAL CHERYLH MARMER COMMISSION NUMBER <CC545384 T>*W &MY COMMISSION EXPIRES*o7*\&APR.12,2000 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICEISHEREBYgiventhattheCity Commission of the Cityof South Miami,Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday,June 2,1998,beginningat 7:30p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider the following: A RESOLUTION OF THE MAYORANDCITYCOMMISSION OFTHECITYOFSOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR A SPECIAL USE PERMn*FORA •RESTAURANT,GENERAL,'PURSUANTTOSECTION 20- 3.4 (B)(4)(b)OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATEDAT5701 SUNSET DRIVE,TENANTSPACEA09,SOUTH MIAMI,FLORIDA 33143;PROVIDING FORA LEGAL DESCRIPTION;AND, PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYORANDCITYCOMMISSION OFTHECITY OF SOUTH MIAMI,FLORIDA,RELATINGTO A REQUEST FORA SPECIAL USEPERMITFORA •RESTAURANT,GENERAL,"PURSUANTTOSECTION20- 3.4(B)(4)(b)OFTHE LAND DEVELOPMENT CODE, REGARDINGTHE PROPERTY LOCATEDAT5701SUNSET DRIVE,TENANTSPACE A15,SOUTH MIAMI.FLORIDA 33143;PROVIDING FORA LEGAL DESCRIPTION;AND, PROVIDING FOR AN EFFECTIVE DATE.w A RESOLUTION OF THE MAYORANDCITYCOMMISSION OFTHECITYOFSOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A •RESTAURANT,GENERAL,"PURSUANTTOSECTION20- 3.4(B)(4)(b)OFTHE LAND DEVELOPMENT CODE, REGARDINGTHE PROPERTY LOCATEDAT5701SUNSET DRIVE.TENANTSPACEB01,SOUTH MIAMI,FLORIDA 33143;PROVIDING FORA LEGAL DESCRIPTION;AND, PROVIDING FOR AN EFFECTIVE DATE. Inquiries concerningthisitemshouldbe directed tothe Planning & Zoning Department at:663-6327. ALL interestedpartiesare invited toattendand will beheard. Ronetta Taylor,CMC, CityClerk Cityof South Miami Pursuant toFlorida Statutes 286.0105,theCity hereby advises the public thatifapersondecidestoappealanydecisionmadebythis Board,Agencyor Commission with respecttoanymatter considered atitsmeetingorhearing,heorshe will needarecordoftheproceed ings,andthatforsuchpurpose,affectedpersonmayneedtoensure thataverbatimrecordoftheproceedingsismade which recordin cludesthetestimonyandevidenceuponwhichtheappealistobe based. 5/22 98-3-052261M A