Res. No. 007-01-11155RESOLUTION NO.7-01-11155
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,RELATING TOA REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b)OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
APPROVAL TO LOCATE A GENERAL RESTAURANT "RED BOWL FRESH GRILL"
INTHE "SR (HD),"SPECIALTY RETAIL,HOMETOWN DISTRICT OVERLAY
ZONING DISTRICTS SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE,(SHOPS
AT SUNSET PLACE).
WHEREAS,Scott Sarson,on behalf of Toriyama of Sunset,LLC.has submitted an application
for a special use to allow a general restaurant to be located in the "SR(HD)"Specialty Retail,Hometown
District Overlay zoning districts specifically at 5701 Sunset Drive;and
WHEREAS,a general restaurant is allowed asa special use in the SR(HD),Specialty Retail,
Hometown District Overlay zoning districts subject to meeting certain conditions specified inthe Land
Development CodeSection 20-3.4(B)(4)(b);and
WHEREAS,the approval ofa special use requires a recommendation from the Planning Board
andthe approval oftheCity Commission aftera public hearing;and
WHEREAS,on December 12,2000,the Planning Board,after public hearing,voted (7-0)to
recommendapproval of thespecialuse request;and
WHEREAS,the Mayor andCity Commission oftheCityof South Miami desire to accept the
recommendation of the Planning Board.
NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR ANDCITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1:Thatan application for special use to allow a general restaurant "Red Bowl Fresh
Grill'tobe located inthe "SR(HD)"Specialty Retail,Hometown District Overlay zoning districts
specifically at 5701 Sunset Drive is approved with the following conditions:
(1)The applicant shall provide for removal of garbage internally,through the shopping
centercommon area,ratherthatoutsidealongthesidewalkfrontingSouthDixie
Highway;
(2)Applicant shall provide a letter from the Shops of Sunset agreeing tothe internal
removal ofgarbage procedure,as specified in Condition 1 above.
Res.No.7-01-11155
j
(2)
Section2:Thisresolutionshallbeeffectiveimmediatelyaftertheadoptionhereof.
PASSED AND ADOPTED this9th,day of January,2001.
ATTEST:J APPROVED:
j~*jlCGD
CITY CLERK
READ AND APPROVED AS TO FORM:
/Gg GczJA
CITY ATTORNEY P
D:\Comm Itcms\2001\l-9-01\Special UseShopsResoiution.doc
MAYOR
Commission Vote:5-0
MayorRobaina:Yea
ViceMayor Feliu Yea
Commissioner Bethel:Yea
Commissioner Russell Yea
Commissioner Wiscombe:Yea
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,Vice Mayor
and City Commission
Date:January 9,2001
13From:Charles Scurr
City Manager
fj/rf Re:Agenda Item
SpecialUseApproval
ShopsatSunsetPlace
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b)OFTHELANDDEVELOPMENTCODEFORA SPECIAL USE
APPROVAL TO LOCATE A GENERAL RESTAURANT "RED BOWL FRESH GRILL"
IN THE "SR,"SPECIALTY RETAIL DISTRICT SPECIFICALLY LOCATED AT 5701
SUNSET DRIVE (SHOPS AT SUNSET PLACE).
APPLICANT'S REQUEST:
Pursuanttosection 20-3.4(B)(4)(b)of theLand Development Code(LDC)theapplicant,
Toriyama ofSunset,LLC,is requesting a Special Use Approval tooperateageneral restaurant,
"RedBowlFreshGrill,"attheabovereferencedlocation.The proposed area of therestaurantis
tobelocatedwithintheShopsatSunsetPlace,atthefirstlevelandwillaccommodatetwo
hundredandfivepatrons.Therestaurantwillofferafreshgrillconceptconsisting of meats,
seafoodandvegetables.Thepatronswillchoosetheirowningredientsandsaucesfromanopen
marketbuffet.Thefood preparation willtakeplaceinfrontoftheireyesonasevenfeetcircular
grill andthe applicant intends tooffer liquor,wine and beer.Hours of operation willbe Monday
through Friday 11:00 a.m.to 11:00 p.m.Saturday 11:00 a.m.to 12:00 a.m.and Sunday 11:00
a.m.to 10:00 p.m.
STAFF ANALYSIS:
The proposed use is located in the "SR"Specialty Retail district.A general restaurant is
permitted with a Special Use Approval.The proposed use must meet the requirements for special
uses contained under Section 20-3.4(B)(4)(b)General Restaurant and Section 20-5.8 Special Use
Approval of the LDC.A general restaurant shall mean an establishment where the principal
business is the sale of food and beverages to the customer ina ready-to-consume state and where
thedesignshallprovideasit-downareaforthe customers.
SpecialUse Approval
CommissionMeeting;January9,2001
Page 2 of4
TheapplicantsarerequestingaspecialusepermittooperateaGeneralRestaurant,tobenamed
RedBowlFreshGrill,intenantspaceB08,atthefirstlevel.Theproposedarea of therestaurant
isshownas5,566square feet.The proposed establishment isafullservicerestaurantwitha
seatingcapacityfortwohundred five patrons.The applicant intentstooffer alcoholic beverages,
which requires a separate permit.
On April 1,1997,the City Commission approved Resolution No.64-97-10035,allocating the
Shops at Sunset Place a total of 61,250 square feet of restaurant space.Please note,the following
table depicts the status of allocated square footage thatwas approved bythe Planning Board and
theCity Commission:
Current Status of Restaurants located in the
Shops at Sunset Place
Name of Restaurant
GameWorks
Swampy's Wilderness
Grill
The Country Store
Coco Pazzo
Johnny Rockets
Xando
Havana Republic
Stir Crazy Cafe
Padarette
Red Bowl Fresh Grill
Total
Square
Footage
5,170
12,686
8,279
5,785
2,386
560
1,815
5,566
42,247
Date of Planning Board Appearance
Recommendation for approval 4/14/98
Recommendation for approval 5/12/98
Recommendation for approval 5/12/98
Recommendation for approval 5/12/98
Recommendation for approval 5/26/98
Converted to retail use
N/A-Permitted use
Pulled out
Recommendation forapproval8/08/00
Recommendation for approval 12/12/00
Arearemainingforrestaurantuse:19,003 sq.ft.
Date of City
Commission Hearing
Approved 5/05/98
Approved 6/02/98
Approved 6/02/98
Approved 6/02/98
Approved 6/09/98
Approved 8/08/00
SpecialUse Approval
CommissionMeeting;January 9,2001
Page3 of4
The requested special use complies withthe LDC requirements set forth for special uses in
Section20-3.4andtheproposedusemeetstheconditionalrequirementssetforthinSection20-
5.8 in that the use:
a)Willnot adversely affectthe health or safety of persons residing or working inthe
vicinity of the proposed use,
b)Willnotbe detrimental tothe public welfare or property or improvements inthe
neighborhood;and,
c)Complies withallother applicable Code provisions.
This application doesnot conflict withthe Comprehensive Plan.
SPECIAL CONDITIONS APPLICABLE:
The LDC provides that special uses must be approved by the City Commission after a public
hearing and receipt ofa recommendation from the Planning Board.The overall purpose isto
determine the compatibility of the proposed use with the surrounding neighborhood.In addition,
special uses may also be required to comply with the additional requirements,which are set forth
in Section 20-3.4(B)(4)(b).Inthecaseofa general restaurant the following supplemental
requirementsarelisted:
(i)Allsuch establishments shall provide only inside or patio service on private property.
Public streets,rights-of-way,sidewalks and required setbacks may notbeusedfor patio
or street-side services of any kind,
(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
ofallsiteplansandproject specifications forthis special use permit.
PLANNING BOARD RECOMMENDATION
The Planning Board,atits December 12,2000 meeting,approved with conditions the proposed
applicationbyavote of 7-0.The conditions setforthare:
(1)The applicant shall provide for removal of garbage internally,through the shopping
centercommon area,ratherthatoutsidealongthesidewalkfrontingSouthDixie
Highway;
(2)Applicant shall provide a letter from the Shops of Sunset agreeing tothe internal
removal of garbageprocedure,asspecifiedinCondition1above.
The Planning Board believed that it would be inappropriate to wheel the garbage trolleys,which
are tobe used to transport garbage from the restaurant to one of the shopping center's dumpsters,
ona circuitous route along the sidewalk fronting US1,in full view of passing motorists and
pedestrians.A subsequent letter from Simon indicates approval of the Board's request,and
depicts a primary route for trash removal through the shops (See attached letter from Simon).
Theletterstatesthattheroutealongthe US1 sidewalk willonlybeusedasan emergency route,
at times when special events are occurring in the shopping center plaza,orat times of heavy
business.
SpecialUse Approval
CommissionMeeting;January9,2001
Page4 of4
RECOMMENDATION
Itisrecommendedthatsubjectspecialuseapplicationbeapproved,withtheconditionsasset
forthbythePlanningBoard,andagreedtobytheapplicant.
Attachments:
Letter from landlord (Simon)
Draft Resolution
Application
Letter of intent
Copy of Publicnotice
PlanningBoardMinutes,12/12/00
Siteplanw/floorplan-proposedlayout
>/!k/LCH^CDS/SB/
D:\Comm Items\2001\l-9-01\Special UseShops.CMreport .doc
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SIMONaapfythebestshoppingtherejy
Mr.Richard Lorber.Director of Planning December 10 7nmCITYOFSOUTHMIAMIDecember19,2000
Planning &Zoning Department Via PAX to 305.6664591
6130 Sunset Drive
SouthMiami,FL,33(43
Reference:TRASH REMOVAL ROUTE
Dear Mr.Lorber:
Red Bowl Frksh Grill the Shopsat Sunset Place
Space #B/01/08 south Miami,Florida
As discussed prior to the holidays,please accept this letter as confirmation that Landlord accepts the
condition required of Red Bowl Fresh Grill by the Plan Commission.This condition is regardin*the
primary route that will be used for trash removal from their interior refrigerated trash holding room This
route is depicted in green on the previously-distributed plan,and proceeds South from the storefront
through the Ptoa.and then West to the Traffic Circle/dumpster location.
We also appreciate your acknowledgement that certain business conditions may make the primary route
impractical (i.e..ashow in progress on the Plaza stage,an event being staged in the Plaza,times of heavy
business/Plaza traffic,etc.).At these times an emergency secondary route along U.S.Route Iwill be
used.This route is depicted in red on the previously-distributed plan,and proceeds Southwest alon"US
*°T ^™?an CMt door 0n that side of the rc$taurant,to the U.S.Route I entrance,and then South totheTrafficCircle/dumpster location.Red Bowl Fresh Grill is required to manage trash removal in such
a manner so as to not require use of this emergency route,but Landlord desires to have this route
established madvance so it will be understood what secondary route will be acceptable should an
emergency condition occur.
In either case it is Tenant's responsibility to assure that all trash is properly contained prior to leaving the
Premises.The Shops at Sunset Place local management will monitor Tenant's compliance and if
necessary,will take appropriate action to assure that sidewalks remain clean.
ASimon representative (probably either Lydia Gilmore or myself)will be present at the City
Commission meeting January 16 to answer any questions Commission members may have.
Please contact me at your convenience ifI can offer any additional assistance.I can be reached at the
direct-dial number indicated below.I can also receive facsimile transmissions ai (317)685-7222 and
emailat rhorkay®simon.com.
Sincerely,
Robert UHorkay U Direct L>ial (317)263-7916
Tenant Coordinator
Copy:MattJJurger (via FAX to 330.726.2557).Subrata Basu (City of South Miami via FAX to 305.666-4591)Joe Cho
(viaTAX »905.W8.1760)Norm Finbloom,Bob Jones.N.ck LHJo,Mall Office (Pete Dziadula.Lydia Gilmore -
via FAX to 305.66^0167),Scott Sarscn (via FAX to 813265.3428),Tom Schneider.Site Office (Ron Grabill
Don Ltsby -via FAX to 305.663 6619).Tom Wintcrburo (via FAX to 330.726.2557).Tenant File.Central Files
115 West Washington Street
Indianapolis,Indiana 46204
317.636.1600
shopstmon.comn.matU.^rm:cnters*3U3WoWtoo5Doc
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City of South Miami
Planning &Zoning Department
Ciry Hall.6130 Sunset Drive,SouthMiami,Florida 33143
Telephone:(305)663-6326;Fax:(305)666-4591
Application For Public Hearing Before Planning Board &City Commission
Address of Subject Property:Shctps ck\-&rrpLAd<r Lot(s)
6ooth jVwa-io*/Pl£«ha ii -b/oi/o<,PB
Meets &Bounds:
Block Subdivision
Applicant:/""TTte^rWA-ft|NnnSgT LLC Phone:
Representative:
Address;
Organization:Ho^p-.TA<-.T^}v
<W,p,
uvj-'V
3*3^\£
Property Owner:">.ItfTy C>«cu'L>
Mailing Address:
Phone:
Signature:
Phone:
i_—>!
fi.tS-^j^V
4/100/
Architect/Engineer:
FWH Pte£.HiT6L.T-£A'*m".OAj.o H\ATT
Phone;^w
"72.-7-'?iS-333'.
ASTHE APPLICANT,PLEASE INDICATE YOUR RELATIONSHIP TOTHIS PROJECT:
Owner ^Owner's Representative Contract to purchase Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE ITEM:
Text Amendment toLDC Variance
Zoning Map Amendment y^pecial Use
_PUD Approval Special Exception
PUDMajor Change Other
Briefly explain application and cite specific Code sections:
Section:Subsection:Page #:_Amended Date
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY:
^/Letter of intent
Justifications for change
Statement of hardship
j^Proof of ownership or letter from owner
Powerof attorney i*i-G-Ase
Contract to purchase
l/Currant survey (1 original sealed and
signed/1 reduced copy @ 11"x 17")-u^-iJf-i'L*'
^~i copies of Site Plan and Floor Plans^a^L.
1 reduced copy <ffi 11"x 17""
1/20%Property owner signatures
y^Maillnq labels (3 sets)and map
j/Required Fee(s)"
5l2E
The
correct
undersignedJias read this completed application and represents that
:cr tothe besi oftheapplicant's knowledge andbelief.
formation and all submitted materials are true and
Applicant'sSignatureandtitle
f'/f/o0/
Date
Upon receipt,applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations.Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date ofPBHearing
Petition Accepted
Date of Commission
'•:'
Petition Required
Method of Payment
6/13/00
Toriyama of Sunset,LLC
November 7,2000
3421 N.Lakeview Drive
Tampa,FL 33618
CityofSouth Miami
Planning and Zoning Department
CityHall
6130 Sunset Drive
South Miami,FL 33143
Dear Sir or Madam:
This letter constitutes our Letter of Intent to build a full service restaurant called Red Bowl Fresh
GrillattheShopsat Sunset spaceB08level1.
Weproposeafreshgrillconceptconsistingofmeats,seafoodandvegetables.Ourpatronswill
choosetheirowningredientsandsaucefromanopenmarketbuffetandthenwepreparetheircreation
rightinfrontoftheireyes.RedBowlwillusea7-footcirculargrillheatedat425degreestoinsure
qualityandspeed.
TheseatingcapacityofRedBowlis205.Thereisnoexteriordining.
Weintendto offer liquor,wineandbeer.
TheproposedhoursofoperationwillbeMondaythroughFriday11:00amto 11:00pm.Saturdayand
Sunday 11:00am to 12:00am andSunday11:00amto10:00pm.
Thank youfor your consideration.
Sincerely,;
Scott Sarsen
Director of Development
">
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South Miami,Florida will
conduct a Public Hearing during its regular City Commission meeting on Tuesday,January 9,
2001 beginning at 7:30 p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,RELATING TOA REQUEST PURSUANT TO
SECTION 20-3,4(B)(4)(b)OFTHELANDDEVELOPMENT CODE FORA
SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT
"RED BOWL FRESH GRILL"INTHE "SR (HD),"SPECIALTY RETAIL,
HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS
SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE,(SHOPS AT
SUNSET PLACE).
Inquiries concerning this item should be directed to the City Manager's Office at:663-
6338.
ALL interested parties are invited toattend and will be heard.
Ronetta Taylor,CMC
CityClerk
CityofSouth Miami
Pursuant to Florida Statutes 286.0105,the City hereby advises the public that ifa person decides to appeal any decision
made by this Board,Agency or Commission with respect to any matter considered at its meeting or hearing,he or she
will need a record of the proceedings,and that for such purpose,affected person may need to ensure that a verbatim
record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be
based.
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday,December 12,2000
City Commission Chambers
7:30 P.M.
ITEM:PB-00-018
Applicant:Scott Sarsen,onbehalfof Toriyama of Sunset,LLC.
Request:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITYOFSOUTHMIAMI,RELATINGTOA REQUEST PURSUANT
TO SECTION 20-3.4(B)(4)(b)OFTHE LAND DEVELOPMENT CODE
FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT INTHE "SR,"SPECIALTY RETAIL DISTRICT
SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT
SUNSET PLACE).
Location:Red Bowl Fresh Grill -Restaurant
5701 Sunset Drive,
Tenant Space B08
South Miami,Florida
Action:Mr.Morton readtherequestintotherecord.
Staff,the Board,and speakers discussed the various aspects of functionality of the
proposed restaurant.
Public speakers included:Mr.Scott Sarsen,Director of Development with Toriyama of
Sunset,LLC,and Mr.Joe Cho.
Motion:Mr.Liddy moved approval ofthe application withthe following conditions:(1)
Internal removal of garbage;and(2)thattheCity receives an acceptance letter from the
ShopsatSunset.Mr.Illas seconded.
Vote:Approved 7Opposed0
MIAMI DAILY BUSINESS REVIEW
PublishedDaily except Saturday.Sunday and
Legal Holidays
Miami,Miami-Dade County.Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams,who on oath says that she is the Vice
President ofLegal Advertising of the MiamiDaily Business
Review f/k/a Miami Review,a daily (except Saturday,Sunday
andLegalHolidays)newspaper,published atMiamiinMiami-
Dade County,Florida;that the attached copy of advertise*
ment,being aLegal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -JAN.9,2001
RESOLUTION RELATING TO A
REQUEST PURSUANT TO SECTION
20-3.4(B)(4)(b),ETC.
in the XXXXX Court,
was published in said newspaper in the issues of
Dec 29,2000
Affiant further says that the said Miami Daily Business
Review isa newspaper published atMiamiin said Miami-
Dade County,Florida,and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County,Florida,each day (except Saturday,Sunday and
LegalHolidays)and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade
Countyffhprida,for a period ofone year next preceding thefirsypublicjbtionoftheattachedcopyofadvertisement;and
aftunt furmer says that she has neither paid nor promised
ant pers/n,firm or corporation any discount,rebate,com-milsiorybr refund for Jhe purpose of securing this advertise
ment \mt publications the said newspapers
Sookie Williams
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission ofthe City of
South Miami.Florida will conduct a Public Hearing during its regular City
Commission meeting on Tuesday,January 9.2001 beginning at 7:30
p.m..in the City Commission Chambers.6130 Sunset Drive,to consid
er:
A RESOLUTION OFTHEMAYORANDCITY COMMISSION
OFTHECITYOF SOUTH MIAMI.RELATING TOA REQUEST
PURSUANT TO SECTION 20-3.4(B)(4)(b)OFTHE LAND DE
VELOPMENT CODE FORASPECIALUSE APPROVAL TO
LOCATE A GENERAL RESTAURANT "RED BOWL FRESH
GRILL"IN THE "SR(HD)."SPECIALTY RETAIL.HOMETOWN
DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY
LOCATED AT 5701 SUNSET DRIVE,(SHOPSAT SUNSET
PLACE).
Inquiries concerning this item should be directed to the City Manager's
Office at:663-6338.
ALL interested parties are invited toattendand will be heard.
RonettaTaylor,CMC
•CityClerk
CityofSouth Miami
Pursuantto Florida Statutes 286.0105.theCityherebyadvisesthepub
lic that ifa person decides to appeal any decision made by this Board.
Agency orCommission with respect to any matter considered atits meet
ing orhearing,heor shewill need a record oftheproceedings,and that for
such purpose,affected person may need toensure that a verbatim record
of the proceedings is made which record includes the testimony and evi
dence uponwhichtheappealistobe based.
12/29 00-3-59/120029M