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Res. No. 175-98-10443
RESOLUTION NO.175-98-10443 ARESOLUTIONOFTHEMAYORANDCITYCOMMISSIONOFTHE CITYOFSOUTH MIAMI,FLORIDA,RELATINGTOAREQUESTFOR ASPECIALUSEPERMITFORA "RESTAURANT,GENERAL," PURSUANT TO SECTION 20-3.4 (B)(4)(b)OFTHELAND DEVELOPMENT CODE,REGARDINGTHEPROPERTYLOCATEDAT 5701SUNSET DRIVE,TENANTSPACE HOI,SOUTH MIAMI, FLORIDA 33143;PROVIDINGFORALEGAL DESCRIPTION;AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the applicant,theJohnnyRocketsGroup, 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 "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'sLandDevelopment Code;and, WHEREAS,thepropertyislocatedaspartof5701Sunset Drive,South Miami,Florida,33143,and is legally described ina document attached hereto and labeled as,"Exhibit 1;"and, WHEREAS,thepropertyownerhas submitted aletterof intent authorizingthefutureuseproposedbythe applicant;and, WHEREAS,Planning&ZoningDepartmentstaffhasrecommended approval ofthe application fora Special Use Permit,which recommendation is based upon (a)themeritsofthe application and (b)consistency withtheCity'sadoptedComprehensivePlan; and, WHEREAS,on May 26,1998,the Planning Board voted 7:0 to recommendapprovaloftheSpecialUse Permit;and, WHEREAS,the Mayor andCity Commission ofthe City of South Miami desire toacceptthe recommendation ofthe Planning Board. NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.The request submitted by the Johnny Rockets Group,Incorporated,tenant,foraSpecialUsePermittooperate a "Restaurant,General,"which is to be located in the "SR" Johnny Rockets Restaurant Resolution:June 9,1998 Page2ofRes.#175-98-10443 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 restrictions and limitations of the "Restaurant,General"use totheprojectat5701SunsetDriveasindicatedonthesubmitted plans. Section 3.The City Manager may revoke this approval upon a determination thatany other portion oftheproperty,legally described herein,is being utilized for restaurant purposes, including storage,food preparation,deliveriesorany services related to restaurant uses,which are not authorized and licensed bytheCityofSouthMiamiforthesubjectproperty. Section 4.The City Manager may revoke this approval upon a determination that any other property is being utilized for restaurantpurposes,andsuchuseisrelatedtothesubject property,butsuchusehasnotbeenauthorizedandlicensedby theCityofSouth 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 ofthe applicant's compliance withtheintentofthesesections. Section 6.This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 9th dayofJune,199 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: ViceMayor Oliveros: Commissioner Russell: Commissioner Bethel: Commissioner Feliu: JohnnyRockets Restaurant Resolution:June 9,1998 5-0 Yea Yea Yea Yea Yea c:\...\reports\MonitorBC #2.doc CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and City Commission Date:June 4,1998 From:Charles D.Scurr City Manager Agenda Item # Re:Comm.Mtg.06/09/98 JohnnyRocketsSpecialUseRestaurant a REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TOA REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT,GENERAL,"PURSUANTTOSECTION20-3.4(B)(4)(b)OFTHELAND DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE,TENANT SPACE HOI,SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND,PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND &ANALYSIS On April 1,1997,the City Commission approved Resolution No.64-97-10035,allocating the ShopsatSunsetPlaceatotalof 61,250 square feetof restaurant space. The following table lists restaurants which have been approved or will be before the City Commission for approval: 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 CommissionHearing GameWorks 5,170 Recommendationforapproval 4/14/98 Approved 5/05/98 Swampy's Wilderness Grill 12,686 Recommendationforapproval5/12/98 Approved 6/02/98 The Country Store 8,279 Recommendationforapproval5/12/98 Approved 6/02/98 Coco Pazzo 5,782 Recommendationforapproval5/12/98 Approved 6/02/98 Johnny Rockets 2,230 Recommendation forapproval5/26/98 6/09/98 China Grill 6,551 6/30/98 7/21/98 Total 40,698 The applicant,The Johnny Rockets Group,Inc.,is requesting a special use permit to operate a restaurant,general,tobe called Johnny Rockets,in tenant space H01,located onthe second floor of the Shops at Sunset Place.The proposed area of the restaurant is 2,230 square feet,and it Johnny Rockets Restaurant Resolution:June 9,1998 wouldprovideseatingfor approximately 78patrons,58indoorseatsand20outdoorseats.The applicantproposesaclassic American dining experience,as demonstrated ontheattachedmenu. The proposed hours of operation are Sunday through Thursday 11:00 a.m.to 10:00 p.m.,Friday andSaturday 11:00 a.m.tomidnight.Theproposedfloorplanandelevationare attached. The definition of GeneralRestaurant,specialuseconditionsforalluses,andspecificconditions for General Restaurant are included below: DEFINITION [from Section 20-2.3;found on page 16 ofthe Land Development Code] Restaurant,general.Shallmeanan establishment where the principal business isthesaleoffoodand beverages to thecustomerinaready-to-consumestateandwherethedesignorprincipalmethod of operationconsists of either of the following: Sit-down restaurants where customers are normally provided with an individual menuandfoodand beverages are generallyservedinnon-disposablecontainersbyarestaurantemployeeatthesametableorcounteratwhichsaid items are consumed;or, Cafeteria-type restaurants wherefoodand beverages aregenerallyservedin non-disposable containers and consumed onthe premises.Allsuch cafeteria-type establishments shall provide only inside orpatio service on private property. Catering service shallbe allowed asan additional useintheSR 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 toa customer ina motor vehicle.Seating mustbe provided forall patrons dining onthe premises. The proposed useis located inthe"SR"Specialty Retail /Residential zoning district and the Hometown District.A "restaurant,general"is permitted as indicated under Section 20-7.12 (A) ofthe 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 meetthe 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 39ofthe 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 orby the City Commission. (2)All such uses shall be determined to be ofa compatible and complementary nature with any existing or planned surrounding uses. (3)A public hearing shall be held by the City Commission to determine the overall compatibility of the use withthesurroundingneighborhood. Johnny Rockets Restaurant Resolution:June 9,1998 (B)Special Requirements (from Section 20-3.4;found on page 40ofthe Land Development CodeJ (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 notbe used for patio or street-side services of anykind. ii.Noservices of adrive-inor of afastfoodnatureshallbepermitted. iii.The City Commission shall review and recommend approval,disapproval or modification of all site plans and project specifications for this Special Use Permit. Staff believes thatthe requested special use complies with the overall requirements stated under Section 20-5.8 oftheLand Development Code [found onpage 111],regarding the required conditions for special use approval bythe City Commission.Specifically,staff finds thatthe use meetstheconditionalrequirementssetforthinSection20-3.4andthattheuse: a)Will not adversely affectthe health or safety of persons residing or working inthe vicinity ofthe proposeduse[Section20-5.8(B)(1)(a)]; b)Willnotbe detrimental tothepublicwelfareorpropertyor improvements inthe neighborhood [Section 20-5.8 (B)(1)(b)];and, c)ComplieswithallotherapplicableCodeprovisions(Section20-5.8(B)(1)(c)]. OnMay26,1998,thePlanningBoardvoted7:0torecommendapproval of thesubject application. RECOMMENDATION:Approval. Attachments: Resolution for Public Hearing and adoption Letter of Authorization fromthe Property Owner Letter of Intent from Applicant's Representative Excerpt of Menu Reduction of Leasing Plan,Level2 Reduction of the Proposed Interior Layout Advertisement for Publication and Mailing MailingAreaMap (500-foot mailingradius) May26,1998 ExcerptedPlanningBoardMinutes Johnny Rockets Restaurant Resolution:June 9,1998 LEGAL DESCRIPTION A portion of Blocks 1 and 2 and that Street between Blocks 1 and 2 designated as Church Street,known as North Red Court,and now known asSW 57 Court,'Carvers Subdivision*,according to the piat thereof as recorded in Plat Book 6at Page 36of the Public Records of Dade County.Rorida,being more particularly described as follows: Commence atthe Southwest comer of Lot 13.Block 2ofsaid recorded plat of "Carvers Subdivision';thence North 04*1745'West,along the West line of said Lot 13.for 25.00 feet to the Point of Beginning of the hereinafter described parcel of land;thence continue North 04*1T45-West,along the West line of said Lot 13.for 125.19 feet to the Northwest comer of said Lot 13;thence North 85*14*41 •East,along the North line of said Lot 13.for 50.01 feet to the Northeast corner of said Lot 13;thence North 04*1T56- West along the West line of Lots 9 of said Block 2.for 50.07 feet to the Northwest corner of said Lot 9;thence South B5*U%20m West,along the South line of Lot 17of said Block 2 for 139.57 feet to the Easterly Right-of-Way line ofSW 5Bth Avenue,as described in that certain Right-of-Way Oeed.recorded in Official Records Book 17359, at Page 3073;the following four (4)courses being along the said Easterly Right-of-Way line ofSW 58th Avenue;thence North 04*26*38*West,along a line 11.00 feet East of and parallel with the West line of 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 to a point;thence North 02*3240 East for 49 89 feet to a point;thence North 04*00'50'West for 139.26 feet to a point on the Northerly line of said Block 2;thence North 45*46*59-East,along the Northerly line of said Block 2 and the Southerly Right-of-Way line of South Dixie Highway No.1 (State Road No.5).for 334.10 feet to a point;thence North 46*42*58"East,along the Right-of- Way line of State Road No.5.as described in those certain Right-of-Way Deeds, recorded in Official Records Book 4131,at Page 596 and Official Records Book 4132 at Page 11 for 366.95 feet to a point of curvature with a circular curve in the westerly Right-of-Way line of SW 57th Avenue (Red Road);the following two (2)courses being along the said Westerly Right-of-Way line of SW 57th Avenue (Red Road),as described in that certain Right-of-Way Deed,recorded in Official Records Book 17500 at Page 3714 and as described in that certain Dade County Disclaimer,recorded in Official Records Book 17498*at Page 1540;thence Southeasterly,along a circular curve concave to the Southwest having a radius of 25.00 feet,a central angle of 128*58'48 for an arc of 56.28 feet to a Point of Tangency with a line 31.00 feet West of and parallel with the East line of said Block 1;thence South QWQW East,parallel with the East fine of said Block 1,for 912.39 feet to a point of curvature;thence Southwesterly along a circular curve concave to the Northwest having a radius of 25.00 feet,a central angle of 89*33*27*for anarc distance of 39.08 feet toa Point of Tangency with a line 25.00 feet North of and parallel with the South line of said Blocks 1 and 2;thence South 85*1S'14" West,parallel with the South line of said Blocks 1 and 2 and the Northerly Right-of-Way line ofSW 72nd Street (Sunset Drive).as described in that certain Quit Claim Deed, recorded in Official Records Book 17498 at Page 1513 and as described in that certain Right-of-Way Oeed.recorded in Official Records Book 17359 at Page 3068.for 474.40 feet tothe Point of Beginning;containing 9.708Acresmoreorless. .r-ll o-t ZO 11'CO r.-.Oil.Oil WCOHR I Ui_U URUUfjA i OO^ICC£..O 31 .JuOt>00*0 J7J.f .Ui-Ui Mr.GregoryJ.Oravec,Planner CITY OF SOUTH MIAMI Planning &Zoning Department 6130 Sunset Drive South Miami,FL,33143 Reference: SIMON DEBARIOIO GROUP May4,1998 Via FAX to 305.666.4591 RESTAURANT GROSS LEASABLE AREA johnny Rockets Space #H/02/01 Shops at Sunset place South Miami,Florida Dear Mr.Oravec: We are aware that you are currently reviewing plans for Johnny Rockets.We acknowledge that this tenant's square footage will count against our restaurant cap. This letter isto acknowledge that Johnny Rocket's utilization of 2,230 square feet for restaurant use will countagainstthecap. Please contact meatyour convenience ifI can offer any additional assistance.Icanbe reached atthe direct- dial number indicated below.1can also receive facsimile transmissions at (317)685-7222 or 685-7269 and email at rhorkay@sdgconnect.com. Sincerely, (#U* Robert L.Horkay Tenant Coordinator <r Direct Dial (317)263-7916 Copy:Tisha Ans-pach.Aaron Cohen (via FAX to 844.4527),Censlcr Associates (Peter Sahmel -via email to peter sanmel@genslcr.com).Nena Hinricks,Eddie Latcssa (via FAX to 617.864.S990),Tom Schneider.Mike Shaip,SiteOffice (Ron Grabill.Don Klink -viaFAX to 305.663.6619),Tenant File.Central Files F:NTENCOR\CENT)ERSV0303U«BlO005wx: NATIONAL CITYCENTER o POST OFFICE BOX7013o INDIANAPOLIS,INDIANA o 46207o 317-A36-1600 **T0TPL PAGE.01 *** Architecture,Design &Planning Worldwide GGnSlGI" May 1,1998 Mr.Greg Oravec City of South Miami PlanningandZoningDepartment 6130 Sunset Drive South Miami,Florida 33143 305-666-4591 Subject:Johnny Rockets Shops at Sunset Via Federal Express Special UsePermit Dear Mr.Oravec: Enclosed please find the required application documentation for a Special Use Permit from your department.This application is for space HOI inThe Shops at Sunset Place mall of South Miami. Johnny Rockets isa full service restaurant which does not serve any alcoholic beverages. Anticipated hours of operation are:Sunday through Thursday 11:00am to 10:00pm,Friday and Saturday 11:00am to Midnight.Outside patio seating is anticipated. Very truly yours, Peter Sahmel enclosures:Menuand merchandise lists, A-l dwg.Tenant HOI Simon Debartolo Group 1-21-98 (revised), Check for $1,500.00 fee, LOD-1 dwg.fortenant HO-1 Simon Debartolo Group 11-26-97, Lease pages:1,27,exhibit"A"(legal description)pages 1 and 2,exhibit "B"page 2,exhibit "B- 1"showing location of outdoorpatioseating cc:John French 6oo California Street San Francisco California 94108 Tel:415.433.3700 Fax:415.627.37379 *€**••*of our foot. —w»-^Ji?.frya^/L<::st.WS — HAMBURGERS— The Original • Sortedwith lettuce -tomato -mustara -pickle -mayonnaise -reltsh -chopped onion .395 #12 'Served uitb iemtc'e-mayo^naVe"-fJ^f^J^^-n.Tillamook Cheddar cheese -Johnny Rockets rea net sauce ^^ St*L°eUrled uitb bacon'-S&^;ffi™»*'lettuce-pickle-Johnny Rockets 'specialsauce>g 9g Streamliner"(Vegetarian)•:•n^Vegetarian burger served with lettuce -tomatorP-kle^tard^lled^ions^As ^ Grilled Onions..35 J^-^^'d^Bacon ^.80 S£«»~^^v ......1.75 T-Shlrt locmcotton-MXL 9.50 3.70 "The"Chili Dog •-• Served withchili -cheese -onions Hot Dog...mustard -rellsb -ontons 2.95 TunaSaladSandwich 4.45 Served withlettuce -mayonnaise- wholeblackolivesonthe side Eqq Salad Sandwich 2.95 Servedwithlettuce-mayonnaise • wholeblackolivesontheside AmericanFries 1.65 Onion Rings 2&5 3.95 Grilled Breast of Chicken .. Served uitb lettuce-tomato- mayonnaise Bacon,LettuceandTomato Serveduitb mayonnaise -on toastedwholewheatbread Grilled Cheese Sandwich .. Sewed with Wlamook Cheddar cheese boleblackolivesontheside Chill Fries .2.95 1BowlofChill.......2.50 1 4.65 3.85 2.85 SODA POP- Coffee ...1.10 Milk ....1.10 Tea 1.10 Iced Coffee 1.10 feed Tea.1.10 mm- Malts Shakes .. chocolate ..3.15 \3.15 vanilla •strawberry Floats 2.25 Coke* Diet Coke" Sprite* Orange Mr Plbb* BarqV RootBeer 1.10 L Lemonade 1-55 Flavored Coke* cherry •chocolate •vanilla -lemon 1.35 mm-Our Desserts Are So Good' I ....a 1*90 WholeApple Pie ..9.50 ala mode 1-w Cheese HoT Fudge Sundae 3.45 Apple Pie Two scoops vanilla Ice cream - servedwithJohnny Rockets hotJudge hippedcreamandtoasted ahnonds_.45 w> vt,««**«n»#to)*To fefe****"T"***** KjIc tm *W CkAdded O"AllU»ts>O W"6 TO*H*w»r ««*«»o***"* tftt;9"tt>•CoMMdnw o qU^nO)T 'XNNTTOr WcT IZ :ZI HHX 86-OS-H1 DrawingFile J:\ACAD\0303\LP\26-2 LEVEL2LEASINGPLAN SCALE1"=80' PROJECTDATA TOTALDEPARTMENT STGREGLA TOTALSMALL SHOPSGLA THESHOPSATSUNSETPLACE SOUTHMIAMI,FLORIDA 160.131 160.131 SIMON DEBARTOI GROUP W E S T N O R T H 4 T0 H . 1 0 C O s c u a . K i c t i t . n u T o i v x . i " . — a n u c h i [ 1 1 ( 0 0 ' PI I 5 U " N O R T H W E S T ST O R E F R O N T EL E V A T I O N S PA R T I A L BU I L D I N G EL E V A T I O N - W E S T JO H N N Y RO C K E T S TV Sk o f * at Su n s e t Pl a c t 57 8 0 Su m c t Pn v c Sp a c e #H 0 1 So u t h Mi a m i . FL 33 1 4 3 c _ 7 7 - " « W E S T PE R S P E C T I V E FA C A D E S K E T C H tf .<No fvo £v>' 8 © C/3 H Hi Z* E Q NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning andZoning Department 6130 SunsetDrive;SouthMiami.Florida 33143 Phone:(305)663-6327;Fax #:(305)666-4591 On Tuesday,May 26,1998,at 7:30 P.M.,the City ofSouth Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following: ITEM:PB-98-011 Applicant:Habitat for Humanity of Greater Miami Request:Avariance from Section 20-3.5 (E)of the Land Development Code to allow a twelve and one-half (12.5)foot front setback,where twenty-five feet (25)is required,and a twenty-three (23)foot rear setback,where twenty-five (25)feet is required,on property located in the RS-4 "Single Family Residential"zoning district. Location:6273SW 60th Avenue South Miami,Florida 33143 ITEM:PB-98-012 Applicant:The Johnny Rockets Group,Inc. Request:ASpecial 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 Tenant Space H01 South Miami,Florida 33143 ITEM:PB-98-013 Applicant:China Grill Cafe Sunset,Inc. Request:ASpecial 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 SunsetDrive \ Tenant Space CI8 South Miami,Florida 33143 AH interested parties are urged to attend.Objections or expressions ofapproval may be made in person at the hearing or filed in writing prior to or at the hearing.The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved.Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663-6326 or writing to the address indicated above. You are herebv advised that if anv person desires to appeal any decision made with respect to any matter considered at this meetine or hearing,such person will need arecord ofthe proceedings,and for such purpose may need to ensure that averbatim record ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).Referto hearing numberwhenmakingany inquiry. roAcrc MAILINGAREA APPLICA.NT: THEJOHNNYROCKETSGROUP,INC. OWNER: BAKERYASSOCIATES,LTD. ADDRESS: REQUEST: 5701SUNSETDRIVE TENANTSPACEHOI SPECIALUSEPERMIT CITYOFSOUTHMIAMI T NORTH HEARINGNUMBER: PB-98-012 DATE: MAY26,1998 PLANNINGBOARD ? SUMMARY MINUTES REGULAR MEETING PlanningBoard Tuesday,May26,1998 CityCommissionChambers 7:30 P.M. I.Call to order and the Pledge of Allegiance A.Mr.Pages,Chairperson,called the meeting to order. II.Roll Call A.Board members presentconstitutingaquorum 1.Mr.Pages,Mr.Morton,Ms.Chimelis,Mr.Basu,Mr.Lefley,Mr.Wiscombe,and Mr.Huggins B.City staff present 1.Greg Oravec(Acting Director,Planning &Zoning) III.Public Hearings A.ITEM:PB-98-011 Applicant:Habitat for Humanity of Greater Miami Request:A variance from Section 20-3.5 (E)of the Land Development Code to allow a twelve and one-half (12.5)foot front setback,where twenty-five feet (25)is required,and a twenty-three (23)foot rear setback,where twenty-five (25)feet is required,on property located in the RS-4 "Single Family Residential"zoning district. Location:6273 SW 60,h Avenue South Miami,Florida 33143 1.Mr.Morton readtherequestintotherecord. 2.Staff presented the item to the Board,reviewing the inter-office memorandum entitled Habitat for Humanity Request for Variances and noting that the dimensions for zoning review are 50 feet X86feet,foraminimumnetlotarea of 4300sq.ft. PB Min 05-26-98 X h.The Board concurred that it had concerns in regard tothe overall appearance of the community,such as the "interaction"of the homes. 8.Motion:Mr.Basu moved approval of the application,withtheinclusion of staffs recommendations.Mr.Wiscombe seconded the motion. 9.Vote:Approved:7Opposed:0 B.ITEM:PB-98-012 Applicant:The Johnny Rockets Group,Inc. Request:A Special Use Permit fora"Restaurant,General"inthe Hometown District,as specifiedin§20-3.4(B)(4)(b)oftheLand Development Code. Location:5701 Sunset Drive Tenant Space HOI South Miami,Florida 33143 1.Mr.Wiscombe readthe request intotherecord. 2.Staff presented theitemtothe Board,reviewing the inter-office memorandum entitled Request for Special Use Johnny Rockets and noting that the applicant is requesting a special use permit in order to operate a restaurant at tenant space HOI onthe second floor of the Shops. 3.Staff noted that the proposed restaurant will be 2,230 sq.ft.in area,providing seating for approximately 78patrons,with 58locatedindoorsand20 situated outdoors. 4.Mr.John French,head of development at The Johnny Rockets Group,Inc.,signed into represent the applicant,stating that this restaurant would represent number 107 for the company. 5.Mr.French elaborated onthe restaurant,explaining thatitwould represent a 1940's era diner havinganArtDeco,streamlined appearance. 6.Mr.Basu inquired as to the location ofa trash room at the space,and Mr.French replied that the company prefers to take refuse to an appropriate receptacle located in the complex. 7.In reply to Mr.Pages inquiry,staff noted that the complex will provide air conditioned space toeachrestaurantin which tostorerefuseuntilitcanbetransferredtoa centralized locationat the mall. 8.Publichearingwasopened. 9.There being noone wishing to speak for or against the item,the public hearing was closed. 10.Motion:Mr.Basumoved approval ofthe application,as presented.Mr.Morton seconded the PBMin05-26-98 3 motion. 11.Vote:Approved:7 Opposed:0 C.ITEM:PB-98-013 Applicant:ChinaGrillCafeSunset,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 Tenant Space CI8 South Miami,Florida 33143 1.Mr.Basureadtherequestintotherecord. 2.Staff explained that the item should be deferred to the Board's next regularly scheduled meeting,which is currently planned for July 14,1998,due to summer break. 3.Discussion ensued regarding the Board's next meeting,and Mr.Pages suggested thatthe Board have a special meeting in June,to include consideration ofthe deferred item. 4.Motion:Mr.Basu moved approval thatthe item be deferred tothe Planning Board's special meeting,tobeheldon Tuesday,June 30,1998.Mr.Wiscombe seconded the motion. 5.Vote:Approved:7Opposed:0 IV.Presentation A.Inhis opening remarks,Mr.Pages thanked McBride Company forits letter of apology,dated May 13,1998,regarding absences of representatives atthelast Planning Board meeting. B.Mr.Pat McBride spoke before the Board and explained thatthree restaurants would be included inthe presentation,andhe noted that architects and designers forthe three restaurants arepresentforthepresentation. 1.Coco Pazzo a.Mr.McBride began by giving background information on Coco Pazzo,commenting thatthe restaurant has a "renowned"location in New York. b.Mr.McBride relatedthatafront elevation forthe restaurant hasbeenpreparedfortheBoard's review,whichincludesaccommodationsforoutdoordining. PB Min 05-26-98 MIAMIDAILY BUSINESS REVIEW Published Daily except Saturday.Sundayand LegalHolidays Miami,DadeCounty,Florida. STATE OF FLORIDA COUNTY OF DADE: Beforethe undersigned authority personally appeared Octelma V.Ferbeyre,whoon oath says that she is the Supervisor,LegalNoticesofthe Miami Dally Business Review f/k/a Miami Review,adaily(exceptSaturday,Sunday andLegal Holidays)newspaper,published atMiamiin Dade County,Florida;thatthe attached copyof advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING JUNE 9,1998 m the..XXXXX.Court, was published in said newspaper in the issues of May 29,1998 Affiant furthersaysthatthesaid Miami Daily Business Review isa newspaper published at Miamiin said Dade bounty,Florida,andthatthesaid newspaper has heretofore jeen continuously publishedinsaidDadeCounty,Florida, jach day(exceptSaturday,SundayandLegalHolidays)and lasbeenenteredas second class mallmatteratthe post rffice in Miami insaidDadeCounty,Florida,fora period of >ne year next preceding the first publication of the attached :opyof.advertisement;andaffiantfurther says that she has leither paid nor promised any person^JJfm^or corporation 'discount,rebate,commisstwv-eirofund fbr the purpose jlhis advertlsemeirtjor^ublicavon inthesaid SEAL) ctelma V.Ferbeyi ^oTmSf OFFICIAL NOTARYvSEAL JANETT LLERERA ,'O ceMMtsaoN number[kn»wntom«C566004 MY COMM«S»OffEXP!RES JUNE 23,2000 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY giventhattheCity Commission oftheCityof South Miami,Florida will conductaPublicHearingduringitsregular CityCommissionmeetingon Tuesday,June 9,1998 beginningat 7:30 p.m.,in the City Commission Chambers.6130 Sunset Drive,to considerthe following:.,.^.____, A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THECITYOF SOUTH MIAMI,FLORIDA,RELATINGTOA REQUESTFOR VARIANCES FROMSECTION 20-3.5 (E) OF THE LAND DEVELOPMENT CODE TO ALLOW A TWELVE AND ONE-HALF (12.5)FOOTFRONT SETBACK. WHERETWENTY-FIVE FEET (25)ISREQUIRED.ANDA TWENTY-THREE(23)FOOTREARSETBACK,WHERE TWENTY-FIVE (25)FEET IS REQUIRED.ON PROPERTY LOCATED IN THE RS-4-"SINGLE FAMILY RESIDENTIAL ZONING DISTRICT.SPECIFICALLY LOCATED AT 6273 SW 60THAVENUE,SOUTH MIAMI,FLORIDA 33143. _•A RESOLUTION OF THE MAYOR &CITY COMMISSION OF -THECITYOF SOUTH MIAMI.FLORIDA.RELATINGTOA REQUEST FOR A SPECIAL USE PERMIT FOR A "REST AURANT.GENERAL"IN THE HOMETOWN DISTRICT,AS SPECIFIED IN §20-3.4(B)(4)(B)OFTHE LAND DEVELOP MENT CODE,REGARDING PROPERTY LOCATED AT 5701 SUNSET DRIVE.TENANT SPACE H01.SOUTH MIAMI. FLORIDA 33143. Inquiries concerningthisitemshouldbedirectedtothePlanning& Zoning Department at:663-6327. ALL interested parties are invited to attend and will be heard. Ronetta Taylor.CMC City Clerk . Cityof South Miami Pursuant toFlorida Statutes 286.0105,theCityhereby advises the publicthatifaperson decides to appeal anydecisionmadebythis Board,AgencyorCommissionwith respect toanymatterconsidered atits 'meeting or hearing,heor she will need a record ofthe proceed ings,and that for such purpose,affected person may need to ensure thata verbatim record of the proceedings is made whichrecordin cludes the testimony and evidence upon whichthe appeal istobe based. 5/29._._98-3-052919M