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Res. No. 067-01-11215
RESOLUTION NO.67-01-11215 A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTHMIAMI,RELATING TOAREQUEST PURSUANT TOSECTION20- 3.4(B)(4)(b)OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERALRESTAURANT "BREAD GALLERY BAKERY &CAFE"INTHE "SR (HD),"SPECIALTY RETAIL,HOMETOWN DISTRICT OVERLAY ZONINGDISTRICT SPECIFICALLY LOCATED AT 5748 SUNSET DRIVE. WHEREAS,the Bread Galley Bakery &Cafe 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 district specifically at 5748 Sunset Drive;and WHEREAS,a general restaurant is allowed as a special use in the "SR(HD)'\Specialty Retail, Hometown District Overlay zoning districts subject to meeting certain conditions specified in the Land Development Code Section 20-3.4(B)(4)(b);and WHEREAS,the approval ofa special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing;and WHEREAS,on April 24,2001 the Planning Board,after public hearing,voted (6-1)to recommend approval with conditions ofthe special use request;and WHEREAS,the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1:That an application for special use to allow a general restaurant "Bread Galley Bakery &Cafe"tobe located inthe "SR(HD)"Specialty Retail,Hometown District Overlay zoning district specifically at 5748 Sunset Drive is hereby approved subject to the following conditions: (1)thatthe restaurant shall have an A/C trash compact collector; (2)that a sign specifying "restaurant parking only"shall be posted at each of the seven designated spacesintherearparkinglot. Excellence,Integrity,Inclusion MEMORANDUM To:HonorableMayor,ViceMayor andCity Commission From:Charles Scurr City Manager Ci^l Date:May 15,2001 Re:Agenda Item i) Special Use Approval,Bread Gallery 5748 Sunset Drive REQUEST: A RESOLUTION OFTHE MAYOR AND CITY COMMISSIONOFTHE CITY OF SOUTH MIAMI,RELATINGTOA REQUEST PURSUANT TOSECTION 20- 3.4(B)(4)(b)OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "BREAD GALLERY BAKERY &CAFE"INTHE "SR (HD)"SPECIALTY RETAIL,HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5748 SUNSET DRIVE. APPLICANT'S REQUEST: The applicant is requesting a Special Use Approval to operate a general restaurant,the "Bread Gallery Bakery &Cafe Restaurant",at the above referenced location.The proposed area of the restaurant istobelocatedatthecornerspaceatthe ground floor,ofan existing one-story building.It will occupy 1,600 square feet,and will be a casual restaurant,featuring Mediterranean cuisine.The facility will have a total of40 seats,serving lunch and dinner.The proposed hours of operation are as follows:Lunch:from 11:30 a.m.to 3:00 p.m.and Dinner: from 5:30 p.m.to 10:00 p.m.Monday through Saturday,closed on Sundays.The applicant intends to provide limited outdoor seating and offer beer and wine,for which separate permits arerequired. 5748 Sunset Drive Special Use Approval May 15,2001 Page 2 SPECIAL CONDITIONS APPLICABLE: Section 20-3.4(B)(4)(b)ofthe 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 is to 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 this section.In the case of a general restaurant the following supplemental requirements are listed: /.All such establishments shall provide only inside or patio services on private property. Public streets,right-of-way,sidewalks and required setbacks may not be used for patio orstreet-sideservices ofany kind, ii No service ofa drive-in or ofafast food nature shall be permitted. Hi.The city commission shall review and recommend approval,disapproval or modification ofall site plans and project specifications for this special use permit. STAFF ANALYSIS: The proposed use is located in the "SR (HD)"Specialty Retail District,Hometown Overlay Zone.A 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 ofthe LDC.The restaurant having 1,600 square feet and a parking requirement of 1 space for every 100 square feet will be required a total of 16 parking spaces.The previous retail use was less intense,1 space for every 300 square feet,providing a credit of six parking spaces.The applicant has provided the remaining ten parking spaces required,three on-street spaces directly fronting the store,and seven spaces in the parking lot to the rear.In reference to the deliveries and the trash collection,the applicant has a service door located at the back ofthe restaurant with access to the rear parking lot.All deliveries and trash collecting willtakeplacebytheback door. The requested special use complies with the LDC requirements set forth for special uses in Section 20-3.4 and the proposed use meets the conditional requirements set forth in Section 20- 5.8 in that the use: a)Will not adversely affect the health or safety ofpersons residing or working in the vicinity ofthe proposed use, b)Will not be detrimental to the public welfare or property or improvements in the neighborhood;and, c)Complies with all other applicable Code provisions. The applicant has obtained permit approval from the outside agencies,such as the Miami-Dade Water and Sewer Department and the Miami-Dade County Fire Department.At this time,the applicant is pending Zoning approval in order to obtain a Building Permit from the City of South Miami. This application does not conflict with the Comprehensive Plan. 5748 Sunset Drive Special Use Approval May 15,2001 Page3 PI,ANNING ROARD RECOMMEDATION: The Planning Board at its April 24,2001 meeting recommended approval of the ******™mb?ect to the following conditions:(1)that the restaurant shall have an A^C trashcomStcoUetor^)that asign specifying "restaurant parking only"shall be posted aeachofrrTs^ven designated spaces in the rear parking lot.The motion to approve was made by MrSonJIderioa^d seconded by Mr.Mann.The motion was adopted by avote of 6ayes 1nay (Mr. Morton). RECOMMENDATION; APPROVAL with the following conditions: 1)that the restaurant shall have an A/C trash compact collector; (2)that a sign specifying "restaurant parking only"shall be posted at each of the seven designated spaces in the rear parking lot. Attachments: Draft Resolution Letter of intent/application Letter in reference tolease agreement Property survey Siteand floor plans Planning Board Minutes,4-24-01 Copies ofPublic notice CS/RGL/SAY D:\Comm Items\2001\5-15-01\5748 SUNSET DR restaurant PB 01-005.doc City of South Miami Planning &Zoning Department City Hall,6130 Sunset Drive,South Miami,Florida 3314! Telephone:(305)663-6326;Fax:(305)666-4591 ©E0¥E[n\ Application For Public Hearing Before Planning Board <!i UAR -9 2001 iUCommioBion w Address of.Subject Property: Meets &Bounds: Lot(s) PB Block •SUDUMiaUII Applicant ,,Phone:,;auv,•^hn>c&(.TftAUr^v^A^eiu.^c.<^e.K)^hWL t3ty>n.bo\\\<-^ Representative:fe^.^^ Address:S">4#'^ur^-^is^'£*% 33 irrt^^Ufirvu ,tI"^>\'--x3> Organization: Phone: Property Owner Ses^e a ^>*^\e^>COon ^^n U Mailing Address:' 1'aio RCSJ>-RftM>S.HiAHi,El-'Slv.u-^ Architect/Engineer:/Phone:^^^ Signature Phone C-^Q^^^Ai^^ ASTHE APPLICANT,PLEASE INDICATE YOUR RELATIONSHIP TOTHISPROJECT: ^.Owner Owner's Representative Contract to purchase Option to purchase __Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: _TextAmendmentto LDC Variance Zoning Map Amendment VbpecialUse PUD Approval Special Exception __PUDMajor Change Other Briefly explainapplication and citespecificCode sections: Section:Subsection:Page #:.Amended Date: SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: i_Letter of intent __Justifications for change Statement of hardship l^Proof of ownership or letter fromowner Power of attorney Cpntract to purchase J^Current survey (1 original sealedand signed/1 reduced copy @ 11"x 17") L^15 copiesofSitePlanand Floor Plans 1 reduced copy @ 11"x 17" V_20%Property owner signatures V_Mailing labels(3sets)andmap j£Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true correct to-the l?est of the applicant's knowledge and belief. 6fttfH\>Applicants Signature and title ISpwrreceipt,applications and all submitted materials willbereviewed for compliance withtheLandDevelopmentCode and other applicable regulations.Applications found notin compliance willbe rejected and returned tothe applicant. OFFICE USE ONLY: Date Filed Petition Required Method of Payment. 8/2/00 DateofPB Hearing. PetitionAccepted Date Date of Commission and yte>y''$':$0 Miami,March 9,2001 CITY OF SOUTH MIAMI PLANNING &ZONNING DEPARTMENT LETTER OF INTENTION To Whom ItMay Concern: Thepresentletteristoexplainyou,our project,whichconsistinchangeour Bakerylocatedin5748SunsetDr.SouthMiami,Fl 33143,intoa Restaurant. In order todothischangewehavetoremodelourkitchenanddinningroom.We aresummatingalltheinformationyourequired,sothatwecangothroughthe necessary process to obtain theapproval. Wearelookingforwardtohaveyourcooperationtoexpeditetheprocessing of our application. Thank youin advance foryourhelpmakingthis project tocometrue. Sincerely, CESAR RINCON DORAL 8202 NW 14 th ST•Miami,FL.33126 Phone:(305)436-1179 SUNSET 5748 Sunset Dr.South Miami -Miami,FL 33148 Phone:(305)663-1179 SEVEN SKIES COMPANY,INC. 7210 Red Road Tel:(305)667-5495 Suite 207-B Fax:.(305)666-2956 South Miami,FL 33143 Pager:(305)286-2311 March 7,2001 City of South Miami To whom it may concern: This isto confirm that Panpa'Ya Development Corp., dba Bread Gallery Cafe,hasa lease with Seven Skies Company Inc.forthe premises at5748 Sunset Drive. The current lease expires March 31,2003,with two optional years. ^)A (U.. Daphne Harz C Agent/Property Manager ABBREVIATIONS.E^^f p/?'S*Ai:03n<T?tebloe*structurt^*C/L...centerline.CL...clear D.H....Drillhole.^..propertyi^(R)...Record...<M)...Measure!^ C.B...CATCHBA"5INi. *»K£mm b.Br»ei' OH»* _<UIO»o |fi||4^^^4t- |oex-^ ffSPSS'4"oSonaV, ^fp it fcjrf-^ »0 *3«/Jo' i*-s---E«>2§«*[ft'AtV.S7*AVE.•,<I "8"8S zz. r 0 8 § I «t»0'«««.»at«o« ©© ©@ ©© 0©©©1 LOCATION MAPAJ^tOCAJIC rouoNUMBfgv-'" tgCALDBCglPni^ ocmrtMCfioto, easTiw nwaiMo nav*c comm, -imaw! •nuauunuwniML RIRJN i-a: WU ivaooiuaifAnQa o-.<'jhi mx nvu ivAowga iNawdinoa1^^ l-V: wcuvDOQKnAvmvgavm M 1 »cnmi u«a '♦^fetwiiirij.* 4M**f|JTOS )flfc »1 H//9> NVTd 9NHI33 oaLojygyMfi ».!•*«TOM invi^»nm,j®L £-V: tmmctiixuvmta mivmopaa xzmvoavm <!T> m„CrT> ——--—.—W> "~~-*•»•—«-WO.-..cr> «~«5 Cii") .•.^.-I^M,ffD —_._•»~q_IMn.u,5T> M>P>^n.'«aMMI <w> "»«"—»—"•—•«««.»•«*».cr> »»•——~.—.-.n.»...,.,........t,.r?n ...~—.—i—«-«„>«._CO «•»—'•i •UMM»«T3 !T> —•—.—.—.a^.CD <"»*•——»n»M<iMi CD ..».<._.»,_Mmm^im.CD •,1 CD ••»••»•.ii.jn fT» »•»*•»——.—.u..i».^7~> u.umn i,».-v»«o _-~.«——.—.!«.«»en nmo-imaamM,..,CD M-i»..'al.cd •»,.«.___u.^,.,,.CD CDII.._ mi 1 Ii......1 CT> -hi ».•m m~t»——.«*u~•T> Om«.—..H.MU1.1..I.u 35 . »...-..—,.•,.—J.—. • L —•••CUJWCM uo «< JWOHOSiNWUinoa ^w«>AuiSi7\J/JUU»M \^/i *u>T)vm wfluumrj IT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday,April 24,2001 CityCommissionChambers 7:30 P.M. I.Call to Order and the Pledge of Allegiance tothe Flag Action:The meeting was called to order at 7:31 P.M. Action:The Pledge of Allegiance was recited in unison. II.Roll Call. Action:Mr.Morton performed roll call. Board members present constituting a quorum:Mr.Liddy,Mr.Mann,Mr.Illas,Mr. Morton,Ms.Chimelis,Mr.Juan Comendeiro,Ms.Gibson. City staff present:Subrata Basu (ACM),Richard G.Lorber (Planning Director),Sandy Youkilis,(Planning Consultant),Lourdes Cabrera-Hernandez (Planner),Luis Figueredo, (City Attorney),and Maria M.Menendez (Board Secretary). III.Public Hearing ITEM PB-01-005 Applicant:Bread Gallery Bakery &Cafe 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)OF THE LAND DEVELOPMENT CODE FOR ASPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "BREAD GALLERY BAKERY &CAFE"IN THE "SR (HD)"SPECIALTY RETAIL,HOMETOWN DISTRICT OVERLAY ZONING DISTRICT,SPECIFICALLY LOCATED AT 5748 SUNSET DRIVE. Action:Mr.Morton read the request into the record and Mr.Lorber,Planning Director,presentedtheitem. Representative:Cesar Rincon PlanningBoardMeeting April 24,2001 The Board raised some concerns about the impact the requested change of use would have on the whole complex in relation to parking.The Board also asked staff to explain the concept of crediting the applicant for the additional six parking spaces required for the Drooosed restaurant.Mr.Lorber explained that the parking formula per use for a bakery was applied,which is one parking space per 300 square feet.Also,it needs to be taken into consideration that this is a case of grandfather-in,as no parking requirement exists in the present for that building.The Board also raised the concern as to what would happen with these six credited spaces in the event that the tenant closes his business.In response to the concerns of the board in relation to the parking issue,Mr.Figueredo explained that according to the Land Development Code interpretation,no parking requirements are triggered as long as the use is the same;also,in the event the above hypothetical case would materialize,the spaces would then go back into the pool for the benefit of the whole complex. In addition,the representative and the Board discussed the possibility of providing valet parking. Motion:Mr.Comendeiro moved approval as presented with conditions recommended by staff-(1)that the restaurant shall have an A/C trash compact collector;and (2)seven signs shall be posted in the rear parking lot specifying "restaurant parking only."Mr.Mann seconded the motion. Vote:Approved 6 Opposed 1 ITEM PB-01-006 Applicant:Ernesto Llerandi,on behalf ofDelicias de Espafia 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)OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "DELICIAS DE ESPANA"THE "GR,"GENERAL RETAIL DISTRICT SPECIFICALLY LOCATED AT 4016 and 4020 S.W. 57™AVENUE. Action:Ms.Chimelis read the request into the record and Mr.Lorber,presented the item. Representative:Ernesto Llerandi and Eduardo Atienza,Delicias de Espaiia Mr.Lorber summarized the history of previous application of this item.At that time the Planning Board recommended denial and the City Commission at its October 17,2000 meeting accepted the recommendation of this Board and denied the request.However,the PlanningBoardMeeting April 24,2001 City Commission at that public hearing directed staff and the City administration to go back and try to come up with a solution to resolve the parking issue. Staff presented to the board a conceptual plan to resolve the parking problem related to this applicant which at the same time would constitute a considerable improvement to the surrounding area.The proposed parking spaces if created,would improve the appearance of the immediate neighborhood and could be used to meet the off-street parking space requirements for businesses located in the bordering property.Mr.Lorber pointed out that this type of project constitute a typical example of the improvements the City is projecting in order to enhance and revitalize all the commercial districts,adding that this particular area is the gateway to South Miami,and that the City is contemplating having signs there saying Welcome to South Miami,among many other improvements.Mr.Mathews himself, the owner of that property,has great plans for the building,such as installing awnings, planters,maybe some outdoor seating for this place.Then the discussion centered on the length oftime for the parking project to be completed. The Board then discussed with the Code Enforcement representative,Eva Rosa,the length of time this establishment has been in violation of the City codes.Another concern on behalf of the board was whether the applicant had paid any fines on existing violations. The Board also raised concerns about the number of existing restrooms in this establishment and requested staff to conduct further research on this issue. The representatives for Delicias de Espana stated that they have brought every .violation up to code,including the grease trap,the three restrooms,as well as the required handicap requirements. Motion:Mr.Illas moved denial and Mr.Mann seconded the motion. Vote:Approved 4 Opposed 3 Intermediate Discussion: Mr.Comendeiro asked chairperson,Mr.Morton,to briefly give an overview of the procedures followed by the Board,mainly for the benefit of the audience.Mr.Morton explained that the Board strictly acts on an advisory capacity,therefore forwarding their recommendation to the City Commission for their consideration.At this time,Mr.Lorber suggested to the Board that it would be a good idea for a member to attend the City Commission at its next meeting,May 15,2001 to fully explain the Planning Board's actions. ITEM PB-01-002 (continued from February 13.2001 meetim) Applicant:Mayor and City Commission Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO STORAGE OF PlanningBoardMeeting April24,2001 BOATS TRAILERS AND RECREATIONAL VEHICLES;AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,BY REVISING SECTION 20-2.3 ENTITLED "DEFINITIONS"TO PROVIDE A DEFINITION OF R ECREATIONAL VEHICLES-AND BY REVISING SECTION 20-3.6(1)ENTITLED, "BOATS AND TRAILERS,"BY PROHIBITING STORAGE OF BOATS, TRAILERS AND RECREATIONAL VEHICLES IN REQUIRED SETBACK AREAS FRONTING STREETS;BY PROHIBITING OVERNIGHT PARKING OF BOATS,TRAILERS AND RECREATIONAL VEHICLES ON PUBLIC PROPERTY;AND BY PROHIBITING SLEEPING OR DWELLING IN BOATS,TRAILERS OR RECREATIONAL VEHICLES PARKED WITHIN THE CITY; PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT, ANDPROVIDINGANEFFECTIVEDATE. Action-Mr Illas read the request into the record and staff briefly presented a recount of the making of the proposed ordinance.The original ordinance was brought up by Planning Board member Zack Mann and Commissioner Wiscombe.As a result,the Planning Board at its meetings in January,February and March,2001,reviewed previous drafts ofthe proposed ordinance responding to the suggested revisions. The following individuals spoke against the ordinance:Eduardo Cutie Tristan Bourgoignie,Craig Sherar,Bob Sistik,Richard Marvis,Nancy Moreland,William Rheney,Domingo Gonzalez,Richard Herrin,Alberto Contreras,W.Burchell,Stanley Lash David Brown,Bob Welsch,and Howard N.Ellis.Gary Milano also spoke.Most of the concerns addressed by the residents were brought up by those who owned small lots which would prevent them from complying with the proposed ordinance if it were enacted. The following individuals spoke in support ofthe ordinance:Mary Gacek. Motion:Mr.Mann moved to defer and send back to staff the proposed ordinance for the following:(1)clarification /revision;(2)organize a joint workshop,involving some member(s)of the City Commission,and also some residents,to come up with solutions for the issues having been brought up at this meeting;(3)re-examine the definition of commercial vehicles;(4)to implement size restrictions;(5)revise the grandfather clause / variance.Ms.Chimelis seconded themotion. Vote:Approved 6 Opposed 1 PB-01-007 Applicant:Mayor and City Commission Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20-3.3(E)ENTITLED "OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES,EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT."IN ORDER TO AMEND THE 4 Planning Board Meeting v April24,2001 STANDARDS THEREIN TO INCLUDE A SPECIFIC WIDTH OF UNOBSTRUCTED PEDESTRIAN SIDEWALK PASSAGE WHICH MUST BE MAINTAINED;PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. Action:Due to the late hour into the night,it was unanimously approved,with no motion moved,to defer this item tothenext meeting. V.Discussion Items Some ofthe discussion items included but were not limited to:(1)the Board discussed the request from Delicias de Espafia in relation to code violations and the lack of code enforcement on said establishment;staff explained that since the Board had sent the letter to the administration on the code violations of the above-mentioned business,the City had given the business owner a chance to bring every requirement up to code compliance,and that was the reason they were not being fined at the present;(2)the Board also discussed with the City Attorney the possibility of any recourse for rebuttal the above business might have,if any,on the grounds of lack of code enforcement;(3)the Board also suggested to improve the communications system to inform the residents on issues which will impact the majority. VI.Approval of Minutes Action: A.The Board duly voted on and approved the minutes ofMarch 13,2001. Vote:Approved 7 Opposed 0 VII.Adjournment Action:There being no further business before the Board,Mr.Morton adjourned the meeting at approximately 11:01 PM. MIAMIDAILYBUSINESSREVIEW PublishedDailyexceptSaturday,Sundayand LegalHolidays Miami,Miami-DadeCounty,Florida. STATEOFFLORIDA COUNTYOFMIAMI-DADE: Beforetheundersignedauthoritypersonallyappeared SookieWilliams,whoonoathsaysthatsheistheVice PresidentofLegalAdvertisingoftheMiamiDailyBusiness Reviewf/k/aMiamiReview,adaily(exceptSaturday,Sunday andLegalHolidays)newspaper,publishedatMiamiinMiami- DadeCounty,Florida;thattheattachedcopyofadvertise ment,beingaLegalAdvertisementofNoticeinthematterof CITYOFSOUTHMIAMI PUBLICHEARING-MAY15,2001 RESOLUTIONSECTION20-3.4(B)(4)(b) RE:"BREADGALLERYBAKERY& CAFE",ETC. intheXXXXXCourt, waspublishedinsaidnewspaperintheissuesof May4,2001 AffiantfurthersaysthatthesaidMiamiDailyBusiness ReviewisanewspaperpublishedatMiamiinsaidMiami- DadeCounty,Florida,andthatthesaidnewspaperhas heretoforebeencontinuouslypublishedinsaidMiami-Dade County,Florida,eachday(exceptSaturday,Sundayand LegalHolidays)andhasbeenenteredassecondclassmail matteratthepostofficeinMiamiinsaidMiami-Dade County^Florida,foraperiodofoneyearnextprecedingthe firsl^ubllcationoftheattachedcopyofadvertisement;and affiantfujthersaysthatshehasneitherpaidnorpromised anyperson,firmorcorporationanydiscount,rebate,com- \issionrorrefundforthepurposeofsecuringthisadvertise- ?ntJ6rpublicationinthesaidnewspaper. Sworntoandsubscribedbeforemethis 2001 CITYOFSOUTHMIAMI NOTICEOFPUBLICHEARING •NOTICEISHEREBYgiventhattheCityCommissionoftheCityof SouthMiami,FloridawillconductaPublicHearingduringitsregularCity CommissionmeetingonTuesday,May15,2001beginningat7:30p.m., intheCityCommissionChambers,6130SunsetDrive,toconsider: ARESOLUTIONOFTHEMAYORANDCITYCOMMISSION OFTHECITYOFSOUTHMIAMI,RELATINGTOAREQUEST PURSUANTTOSECTION20-3.4(B)(4)(b)OFTHELANDDE VELOPMENTCODEFORASPECIALUSEAPPROVALTO LOCATEAGENERALRESTAURANT"BREADGALLERY BAKERY&CAFE"INTHE"SR(HD)"SPECIALTYRETAIL, HOMETOWNDISTRICTOVERLAYZONINGDISTRICT,SPE CIFICALLYLOCATEDAT5748SUNSETDRIVE. InquiriesconcerningthisitemshouldbedirectedtothePlanningDe partmentat305-663-6326. ALLinterestedpartiesareinvitedtoattendandwillbeheard. RonettaTaylor,CMC CityClerk CityofSouthMiami PursuanttoFloridaStatutes286.0105,theCityherebyadvisesthepub licthatifapersondecidestoappealanydecisionmadebythisBoard, AgencyorCommissionwithrespecttoanymatterconsideredatitsmeet ingorhearing,heorshewillneedarecordoftheproceedings,andthatfor suchpurpose,affectedpersonmayneedtoensurethataverbatimrecord oftheproceedingsismadewhichrecordincludesthetestimonyandevi denceuoonwhichtheappealistobebased. 5/401-3-71/160045M (SEAL) SookieWilliamspersonallyknowntome.JWpOA OFFICIALNOTARYSEAL OCTELMAVFER8EYRE COMM5S£JONNUMBER CC751504 MYCOMMISSIONEXPIRE: ^OPfxPJULY9,2002