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Res. No. 068-01-11216RESOLUTION NO.68-01-11216 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"IN THE"GR",GENERAL RETAIL ZONING DISTRICT SPECIFICALLY LOCATED AT 4016 AND 4020 SW 57th AVENUE. WHEREAS Ernesto Llerandi on behalf of'Del icias de Espana has submitted an application for a special use to allow a general restaurant to be located in the "GR"General Retail District Zoning District specifically at 4016 and 4020 SW 57th Avenue;and WHEREAS,a general restaurant is allowed as a special use in the "GR"General Retail District Zoning District subject to meeting certain conditions specified in 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,the Planning Department staff has recommended approval of the special use request subjecttocertain conditions;and WHEREAS,on April 24,2001 the Planning Board,after public hearing,voted (4-3)to recommenddenial of thespecialuserequest;and WHEREAS,the Mayor and City Commission of the City of South Miami desire to accept the recommendation of thePlanningDepartmentstaff,asspecifiedbelow. 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 tobe located in the "GR"General Retail District Zoning District specifically at 4016 and 4020 SW 57th Avenue;is hereby approved subject tothe following conditions: 1)That the establishment be given a conditional Occupancy License,until the parking agreement is paid offin full.The Occupational License shall be revocable in the event thattheparkingagreementisnotpaidinfull. Page 2 of Res.No.68-01-11216 •-4 Section2:This resolution shallbe effective immediately after the adoption hereof. PASSED AND ADOPTED this 15,day of May,2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu Commissioner Bethel: Commissioner Russell Commissioner Wiscombe: 4-0 Yea Yea Yea Yea Notpresent Excellence,Integrity,Inclusion MEMORANDUM To:Honorable Mayor,Vice Mayor Date:May 15,2001 andCity Commission From:Charles Scurr /)*/]\y)Re:Agenda Item /**City Manager ///IJ JU^Special Use Approval,DeliciDelicias de Espana,4016 and 4020 SW 57th Ave. 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"IN THE "GR,"GENERAL RETAIL DISTRICT SPECIFICALLY LOCATED AT 4016 and 4020 S.W.57th AVENUE. SUMMARY OF REQUEST TheapplicantisrequestingaSpecialUse Approval tooperateageneralrestaurant,Deliciasde Espaiia,attheabove referenced location.Thesiteisatthe southwest cornerof S.W.40 Street (BirdRoad)&S.W.57 Avenue.Theproposedcasual general restaurant featuring afullcourseof Spanish cuisine is located in an existing one-story retail building facing S.W.57th Avenue.The existing establishment contains botha restaurant facility andaretailfoodandwinestore.The restaurantwilloccupy2,034squarefeet of spacewithinthefacility;theremaining1,200square feet of the establishment is the retail store.The restaurant will have 40 seats and will serve beer andwine.Hours of operationarefrom7:00a.m.to8:00p.m.MondaythroughFriday,7:00a.m. to6:00p.m.onSaturdayandfrom7:00a.m.to3:00p.m.onSunday. PREVIOUS APPLICATION The Planning Board atits September 26,2000 reviewed a similar application (same applicant and location)requestingSpecialUse approval fora general restaurant,andazoning variance to Special Use-Restaurant 4016 and4020 S.W.57,h Ave May15,2001 Page 2 waive the additional off-street parking spaces required for the restaurant.The Planning Board at thattime recommended denial ofboth applications.TheCity Commission atits October 17, 2000 meeting accepted the recommendation of the Planning Board and denied both applications. At that time the City Commission acknowledged the difficulty of the applicant being able to provide the additional parking in this particular commercial area.The City Manager was directed to consider creating on-street parking spaces on unimproved public right-of way located on the north side SW 41st Street,adjacent to the commercial building.The parking spaces 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 abutting property (allowed by provisions in LDC).This directive was contained in Section 1 of City commission Resolution No.216-00-11109,adopted on October 17,2000,pertaining to the restaurant application.The applicant was allowed to submit an amended application at no additional fee when the parking for the commercial area was resolved.The resolution of the parking issue by the City Administration is explained below in this report in the section entitled "Parking Requirements". APPLICABLE REGULATIONS The LDC,Section 20-3.4(B)(4)(b),provides that special use requests 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 Section 20-3.4(B)(4)(b).In the case ofa general restaurant the following supplemental requirements are listed: (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 any kind, (ii)No services ofa drive-in orofa fast food nature shall be permitted (ill)The city commission shall review and recommend approval,disapproval or modification ofallsiteplansand projects specifications forthis special use permit. The requested special use must comply with the LDC requirements set forth in Section 20- 5.8(B)(1)in that theuse: a)Will not adversely affect the health or safety of persons residing or working inthe vicinity of the proposed use, b)Will notbe detrimental tothe public welfare or property or improvements inthe neighborhood;and, c)Complies withallother applicable Code provisions. STAFF ANALYSIS The proposed use is located inthe "GR"General Retail district.A general restaurant is permitted with Special Use Approval.The proposed use must meet the requirements for special uses contained underSection 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 isthesaleoffoodand beverages tothe customer ina ready-to-consume stateandwhere SpecialUse-Restaurant 4016and4020S.W.57th Ave May15,2001 Page 3 the design shall provide a sit-down area for the customers."Delicias de Espaiia"is an existing bakery and deli serving a variety of Spanish cuisine and occupies 2,034 square feet.The existing seating configuration is proposed to be continued as it currently exists,whereby the restaurant portion of the establishment makes up approximately V*of the total storefront area,and the remaining XA of the storefront area is devoted to retail sales of gourmet foods and wines.The applicant is requesting an occupational license for operating a restaurant,which will permit the cooking of food on the premises.No expansion of the restaurant portion of the establishment is contemplated. PARKING REQUIREMENTS The parking requirement of one space required for every 100 square feet for the restaurant portion of the establishment requires a total of 21 parking spaces.In determining required parking,credit is given for the existing 2,034 square feet of deli @1to 150 square feet,resulting in a credit of 14 parking spaces.A total of7 additional parking spaces are required.The applicant has complied with the provisions of Section 20-4.4(A)(2)of the City's Land Development Regulations in order to meet the parking requirement.Section 20-4.4(A)(2) permits unimproved rights-of-way adjacent to business property in commercial zoning districts to be improved by the abutting property owner for credit as on-street parking spaces by written application to the City Manager.The property owner has agreed to pay the City for a commensurate portion of the improvement of the parking area located on the north side of 41s Street,west of Red Road,adjacent to the subject property.The plan for the upgraded parking area,which will include landscaping,drainage and paving,contemplates 25 spaces and will cost approximately $71,340.The applicant's portion,or 7 spaces,will cost $19,975.The property owner will pay for the 7 spaces,plus an extra 2 spaces to enable potential future retail usage in currently underutilized space within the subject building (see attached parking agreement). This application does not conflict withthe Comprehensive Plan. A restaurant isan appropriate use within the GR general retail zoning district.The subject location,atthe northernmost entrance to the City of South Miami,is particularly suited to lively retail and restaurant uses.The problem with this location has traditionally been a lack of adequate parking.The applicant's agreement to pay for a significant portion of the improvement ofwhathasbeenan informal,uncontrolled parking areawilladdtothestockofproper parking spaces,and improve the visual appeal of the previously unimproved area along 41st Street.It is anticipated that most of the spaces created will be metered parking spaces,and the balance may be used as decal only parking spaces,ensuring that nearby employees do not take spaces away from retail customers.Itisalso suggested thatthe subject property ownerand restaurant owner meet with the property owner of the adjacent shopping center,to work out their differences over parking issues,to ensure that all local merchant's customers have adequate parking.The applicant's agreement to meet the parking requirements by paying for improvement of the adjacent parking area is recommended for approval by staff. SpecialUse-Restaurant 4016and4020S.W.57,h Ave May15,2001 Page 4 PLANNING BOARD RECOMMENDATION The Planning Board at its April 24,2001 meeting recommended denial of the special use application.The motion to deny was made by Mr.Illas and seconded by Mr.Mann.The motion was adopted by a vote of4 ayes (Mr.Illas,Mr.Liddy,Ms.Chimelis,and Ms.Gibson)and 3 nays (Mr.Morton,Mr.Mann,Mr.Comenderio). During discussion prior to the vote on the request the Board expressed concern that applicant had been operating the restaurant in violation ofthe Code,after being denied by the Planning Board and City Commission for their original special use application.Additional concern was raised that required improvements associated with bringing the restaurant up to South Florida Building Code standards (adequate restroom space,handicap access)had not been provided. ADMINISTRATION RECOMMENDATION The Planning Department's original staff recommendation to the Planning Board was for approval of the application.While the Administration shares the Planning Board's concern relative to Code Enforcement issues,it should be noted thattheCity Commission's directive upon denial of the original application was to work out the parking issue and come back before the Planning Board and Commission for approval.The issue has been pending since that time, subject to working outan appropriate parking arrangement. Therefore,the Administration concurs with the Planning Department staffs recommendation of approval of the request,subject to the execution of the attached parking agreement,with the condition thatthe establishment be given a conditional Occupancy License,untilthe parking agreement is paid offin full.The Occupational License shall be revocable in the event that the parkingagreementisnotpaidinfull. Attachments: DraftResolution Application /Letter ofintent Property survey Siteandfloor plans Menu Commission Resolution No.216-00-11109 ProposedParkingAgreement Parking Design Plan,SW 41s'Str. PlanningBoard Minutes 4-24-01 Letter from adjacent property owner,12-7-00 Copies ofPublicnotice cs/rgl7say4*# K:\PB\PB Agendas\2001 Agendas\4-24-01\4016 &4020 SW 57 AVE restaurant PB01-006.doc City of South Miami Planning &Zoning Department CityHall,6130 SunsetDrive,SouthMiami,Florida 33143 Telephone:(305)663-6326;Fax:(305)666-4591 Application For Public Hearing Before Planning Board &City Gommission Address of Subject Property: Meets &Bounds:4-Q{&S.W-Sj AVE Applicant: ejftjjbvro LLk&AwDi Lot(s) PB Phone: Block Subdivision Representative:fcf^fcVTO Li-Ef^AU 01 Address:40 f£&tf,$JV\AV£. ^OOTrj MfAMr ,PL 5>>15S 3QS-CO^fja.jg Organization:KUC,AS DE &SPAMA Phone:JOJ-CG^-^H^S* Property Owner:f^HfiWS-JACOBS ItMlSfUf^ Mailing Address:P.O.e,o\•2-'7g7S Phone:JTZO-.444 *<T4">)>5Tucson.A:£a svi/L-im* nature: Architect/Engineer:Phone: AS THE APPLICANT,PLEASE INDICATE YOUR RELATIONSHIP TOTHIS PROJECT: OwnerOwner'sRepresentativeContracttopurchase Option topurchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment toLDC ZoningMap Amendment PUD Approval _PUDMajor Change Variance VSpecial Use Special Exception Other Briefly explainapplicationandcite specific Code sections: Section:Subsection:Page #:.Amended Date: SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: Letter of intent Justifications for change Statement of hardship Proof of ownership or letter from owner Power of attorney Contract to purchase Current survey (1original sealed and signed/1 reduced copy @ 11"x 17") 15 copies of Site Plan and Floor Plans 1 reduced copy@ 11"x 17" 20%Property owner signatures Mailing labels (3 sets)and map Required Fee(s) The undersized has read this completed application and represents that the information and all submitted materials are true and correct to urene^tcf theapplicant'sknowledgeand belief. —>3/\<\hjoo\ AppIicanrs'Signatiire andtitle 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 PetitionRequired Methodof Payment, 8/2/00 DateofPBHearing. Petition Accepted Date of Commission November 4,"'1999 LETTER OF INTENT In order,to expand the existing Bakery-Deli vo a restaurant, the parking for this expansion will be provided at 4100 SW ' 57th.Avenue,South Miami.The future restaurant will accommodate (20)twenty patrons,providing full course meals of Spanish Cousine and serving beer/wine. Cordially yours, Ernesto Llerandi Delicias de Espana S C A L E : f e / O O - % . ^ . ^ •; / £ > ^ <7 - . C 0 •~: . - - " - & T . ••• • «= . - , ' •• - , . . . ;••• m'3 • * • : ' ; / / : .. i V •*. • * ^ • V I c y V ^ " l 5 ' « . i. r r v& i / 7 Hi I - : / 6 •v. ^ - - : . . • . . •• • . 1 «) ' CI • I .S O ' ^5 *- • * } • - -: - . * v d . f $ T r — ^ ' - - , 0 - _ . _i . ^ V _ •. S K E T C H NO . 3 J 10 3 . . . E R. B.^ 0 V . N E I L &AS S O C I A T E S . IN C 31 5 2 Co r a l Wa y Mi a m i . F! o r , < j 3 33 1 4 5 •• ) . ; U \ X » J ; i n . c . » . » . 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AND u fool Of to the .West H„e or ihc F«H0 5o f ',n?8'",'1°^S°Ulh Hnc of *"'d Lot Nand ""Sen,SECTION 0\T -ND TWO f-°?Lot ,4'Bloc*2-^TERFini.D MANORp*,7 or.;«z^s:;ss:srras ^»m !3»*k is* TOGETHER WITH Tl IE FOLLOWING RARCL:L or ,^ Begin at the Northwest corner ofI o-11 m,t -, WESTERHELD MANOR SECTION ^\E xNn'rv^*,Sh0W"°n Said"Ph*°r-West line of Lots lip |3 14 u.nP!,f '*0:lhcnce Smh'<}>a,°«y UwStanceof225.35 reetV+-Wh\i1?as /hour,on the aforementioned •Plat.'aalonetheWesterlyeen^it ,?,•<"1°™°l Sa'd Lot 14'Dlock 2=*«•«We*crN.0 the SoutheS iS S Eh ,^oSteWhLOt "^*«*?"*°f '5°'«"line of Lot 15 and 10 Block -\-t,k 2L,he"Ce Northerly Mong *c EasterlySECTIONONEANDTWOo-^f °"»'d ^t of WESTERFIELD MANORLot!0;thence Ea terly aonJ 11 E^S'™''^?.,he *«»«««««of saiJ ^»h;4^tatSK£!,0,bra OBTAINED By ^«f/£D AKD/03 •^sTftucr/av 0/?£D£s'gn 0.9 ^A &SN&£^^^^^^^gg •*«.?^:? S«£/i^ i^^. •nrn r-x 0? ~o i- i> z H rn "0 h z _i fte * dp /ill \as C en an ^v MEEEjf\DEL j|e Proposed Diner Arad Cold Shoeeesa Shelve Shelve 00000 0'0 000 S.KS.40 TH.ST. ?? ^ 5 9 ES° o (S a o J c ,2 »*• £-5 3 3 3 0»}N 5 is <£ZaD_ft "rxD JS9 7—!- Sn.4ITH 5T. DEMOLITION PERMIT DRAWINGS STORE 4016 AND 4020 South Utest 51 Ave.South Miami Fl 'DBA.DELICIAS DE ESPAlA AND RIVOELAC CORPORATION 5.0 3 riDus F-.(puquCR,j».e. ReaiftTCRSD 4RCUITBCT «•<s>- roeoa pcfco SAr l«lire FLORIDA REG.23010 M00I &1U MfT«4 AVO. rSMM.notiot,J*n* -new <•»©».>}»-is«4 £V_ a Z-l-r*. e) famncnnMa 1.00 0.80 0.75 0.50 1.25 2.50 amon 3.50 to ham) :horizo 3.50 sausage) itto ypatatas fritas .3.50 French fries) Has fritas 3.50 ;.rrcrtch fries) 4.50 cej vtuido el Cafe 15 (Soups) 2.00 2.50 2.00 2.00 3.50 2.00 2.00 ^^jQ^jl^^^j*nM\jj^tA^Qx^^«..-. .>lV.;Vjl*U.V«!VV'-'... .-.«-v.iv»«tiW •^w.- PlatOS:JFrios (ColdEnlrees) Patatas Ali Olt (Potatoesin gwttcuauce) Ensalada Rusa 3.50 Russian Salad) Bnsalada dela lHuerta 1.50 (Garden salad) Pionono de atum y vcgetalcs 2.50 (Tunaand vegctahlic pionono) Pastelde Tortilla'"'....'3.00 l Spanishomelette ipastryl Pastel dc .salmon 3.00 (Salmonpastry) -PiKtrl ffrjamnai ..r 3.Q() T3T (Ham pastry) Pulpo a lavinagreta 8.00 (Octopusin vinaigrette) Salpicondc mariscos 8.00 (Seafoodinvinaigrette) Cevichc de pescado 7.00 (Fishinvinaigrette) Salmon marinado 7.00 (Marinated Sainton) Platos Calientes (liol Entrees) Caldo Gallego 2.50 ((iolieian stew) Pote Asturiano 6.00 (Asturian Stew) Potaje dc lentejas 2.50 (Lentil Stew) Patatas con pescado 5.00 (Potatoes w fish) Garbanzos con bacalao 5.00 (Chick peas w/todfish) Garbanzos con catlos 5.00 (Chickpeas vfl xw intestine) Potaje dc gaibanzos 5.00 (Chtckpoatcvi) Cocido MaAileno 8.00 (Madrid siyte sew) Fabada Asturiana 12.00 (Astoria*white beanstew) Fabes con a'mejas 10.00 (White beans >uth clams) (AMariaacwwntesrioe stew) Tortillas totiilla'^pii'fa^fc (PotatoandonionSpanishotnetclite) Tonilla de patatas.cebollay chorizo (Potato,onion and Spanish lainigt omelette) Tortilla en salsariojana 9.00 (Spanish nmcletre in Rioja sauce} Tortilla Rcllena 12.OO (Spanishomelette w/filling) Tortillade cspinaca*.r:10.OO (SpanishomelettewspinachI Tortillacon pimicnios 10.00 (Spanish nmelelte w red peppers) Pescados y Mariscos (Fish and Seafood) Cocochos dc Merluza 15.00 (White fifth) Merluzaala romana 10.00 (Battered white fish) Merluza en salsaverde 14.00 (White fish in green sauce) Merluza alasidra u.00 (White fish in applecider «aucc| Rape alaromana 10.OO (Haltered ti<h) Rape ala marincra con alincjas 12.00 (Marinated fish with clams) Salmon af homo-......v...........-.10.00 (Naked salmon) Lubina al homo 15.00 (Baked whit;fish) Merluzaal homo 12.00 (Baked white fish) Pescado en escabeche ....;10.00 (Fishinvinaigrette)." Fideiia depescadoy marewo 12.00 (Fish and seafood with noodle*)^ Calxmarcs en sotints .-.«£;g.OO (Squidinitsink) Chipirones rellenos .....;8.00 (Stuffed squid) Bacalao ala Asturiana |0,00 (Codfishin onion,tomato and picnento sauce) -••J.i.iuaj. Arroz con (Chicken w/1 Arroz con (Squidw .no Arroz al he (Baked rice) Arrozala (Fish w rice) Paella de n (Shellfish ant Paella negi (Hlack rice) Bolichc asa (Beef insauce Terne/a gui tVealstew) Ossdbuco 2 (Stcak-Milanc Solbmillo \ (Steak Wcllint Roastbcef 1 (Koasthcef) Lome dc cc (Pork sirloin] Chuletas dc (Bakedporkc Jarrcte dc c (Lamb) Picma dc c (Leg of lamb) Lcchazo al (Bakedtender Conejo al \ (Rabbitinan Laconcan aiMTLwitiLeo i •"••• irrotti (Rice dishes) tf!W...il—1.X.J.1UJUU.LI ..I I •-.'•1..MJ1I ..••!.• olio .1 5.00 alamares 8.00 •no 6.00 farmer*fc.00 irisco 12.50 rice) *i::30 Cames (Meats) do 6.00 ) «ada (,.00 la milanesa g.OO Wellington 12.00 ton) •10.00 rdoasado 8.00 c-"lo al horno 8.00 K., wdero o.OO >rdero g.OO Iwrno 15.00 iamb) notinto 8.00 I wine sauce) •atatas 800 PmO.„...^_ _^gi«r*y«»•••»!<»••»».r!r~..»...—v.HttMHyy... «•-•»>*.-••.....ftT.^.,.,...'•••••;•*•.'•••:?.•*»•>-.-•'',i»y.t..ij:iy.v .i Losplatosdeestemenu se hacendifcrentesdias A»la armaria,p»r^oi^pr/.Wr^^^.^ encargoyporanticipado. (The dishes onthis menu are prepared different days of the week,but you can order any item in advance.)' Dc nuestra variada pastelcria (From our bakery) Tarta dc Santiago |.75 Tarut an matiana 1.73— Tarta dc Frcsa 1.75 Tarta de avcllana 7.50 Tartadenuez Tarta milhojas TartaSanMarcos Tarta sclva negra 2.25 Tartamanjarin Braze Gitano 1,50 Arrozcon leche |.50 Flan 1.50 Crcrrra'Catahma 7 r;:..-.-:-.-.-.~.-.-.--~.rr t:50— Sus fiestas con Delicias dc Fspuna estan garanti- zadas,solo trabajamos productos dc calidad y Ic preparamos la tarta que usled necesitc para cualquier tipode celebracion:cumplcanos. bautizos,comuniones y bodas. (With advance notice we can prepare food for any special occasion,we only use products of the highest quality.(We can also prepare acakeforany of your special celebrations: birthdays,baptisms,communions and weddings.) ,4Ereah bread fagfod cvcry.hal£an .hour)... Jjffy'^f^ljww*'•:•••">••»"j«w.f f-^na-.'./'.frrvHt^^r^'yrf.• naesffimnnMiam^ wrcinta aws de experien- cia en la gastronomia nos res- paldaripara ofiecer imaaraplia variedad de productos de la mejor calidad. Para eUo Delicias de Espaiia quicrc empxi/u u&aforioL desde un buen desayuno espa- nol,hasta un almucrzo especial, merienda 0 el mejor de los ban- qufleSpal^ ciones. L^hirty years ofexperience in Gastronomy support us to give you a great variety in best quality ptxnimty Therefore,Delicias de Espaiia offers you from a delicious Spanish breakfast to a special lunch,an afternoon snack and the best feast for all your cele- .fations..........••„-._ 4016 S.W.57 Ave. Miami,FL 33155 Phone:305-669-4485 -F<«e^05 <&^.'.0VlA 3 o» "•en 01 p o© o £ O tn RESOLUTIONNO.216-00-11109 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) OF THE LAND DEVELOPMENT CODEFORA SPECIAL USE APPROVAL TO LOCATE AN GENERAL RESTAURANT IN THE "GR"GENERAL RETAIL ZONING DISTRICT SPECIFICALLY LOCATED AT 4016AND4020 SW 57*AVE. WHEREAS,Ernesto Llerandi,onbehalf of Matthews-Jacobs Investments,L.C..property owners of 4016 and 4020 SW57*Ave,submitted an application for a special use to allow a general restaurant tobe located ina "GR",General Retailzoningdistrictspecificallyat 4016 and4020SW 57th Ave;and WHEREAS,ageneral restaurant is allowed asa special useina General Retail Zoning District subject tomeetingcertain conditions specified intheLand Development Code Section 20- 3.4(B)(4);and WHEREAS.The approval of a special use requires a recommendation from the Planning Boardandthe approval of theCityCommissionafterapublichearing;and WHEREAS,ThePlanningand Zoning Department staff recommended denial ofthe proposedspecialuse;and WHEREAS,on September 26,2000,the Planning Boardvoted5-0to recommend denial of thespecialuse request;and, WHEREAS,theMayorandCityCommissionoftheCity of SouthMiami desire toaccept the recommendation of the Planning Board. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1:That a special use request to locate a general restaurant at 4016 and 4020 SW 57th Ave.is herebydeniedwithout prejudice pendingthesubmission of an amended applicationatnoadditional costtotheapplicant,andon the resolution of parkingforthe commercial area. Section2:Thisresolutionshalltakeeffectimmediatelyuponapproval. PASSED AND AD0PTEHiisl7 dayof October ,2000. ATTEST:/}APPROVED^^^ CITY CLERK £/MAOT READ AND APPROVED ASTO FORM:COMMISSION VOTE:4-0 Mayor Robaina:Yea Vice Mayor out of town /•£-G&js/J*/*—Commissioner Russell:Yea CITY ATTORNEY r Commi ssi oner Bethel:Yea Commissioner Wiscombe:Yea CITY OF SOUTH MIAMI OFF STREET PARKING AGREEMENT f THIS AGREEMENT made and entered into this \3^day of ,2001,by and between Matthews-Jacobs Investments, L.0.,aFloridaLimited Liability Company,hereinafter referredto asthe "Owner"andtheCityofSouth Miami,apolitical subdivision of the Commonwealth of Florida,hereinafter referred toasthe "City": WHEREAS,the Owner ownsacertain parcel oflandlocated intheCityat4000through 4040A S.W.57th Avenue,referred toas the "Property";and WHEREAS,arestaurant,"Delicias deEspana"iscurrently being operated withinthepropertyat 4016 S.W.57th Avenue without the South Miami Development Code (Code)required seven (7)parking spaces;and WHEREAS,Section 20-4.4 ofthe Code provides thatall structures and uses whichare erected,established or enlarged shallprovideadequateoff-streetparkingspacesand control mechanismsforonsitevehicularandpedestrian traffic. WHEREAS,Section 20-4.4 (A)(2)of the Code provides for the improvement of adjacent rights of way in commercial zoning districts as a means for obtaining a credit for on-street parking spaces;and WHEREAS,the City has determined that a payment of twenty-five thousand five hundred and seventy-five dollars ($25,575.00)paid to the City for the improvement of the parking area on 41st Street shall be sufficient to allow Owner to meet the current code requirements of seven (7)off-street parking spaces for Delicias de Espana1 s current needs plus atwo (2)parking space additional "code-required parking"credit,yettobe specifically assigned to any particular tenant within Owner's property;and WHEREAS,the Owner agrees to tender the required accordingtothefollowingpayment schedule: $5,000 Immediatelyupon execution ofthis Agreement; $5,000by July 15,2001; $9,975 by February 15,2002;and $5,600byMay 1,2002. NOW,THEREFORE,THIS AGREEMENT WITNESSETH:That for and in consideration of the promises and the covenants and agreements hereincontained,the parties heretoagreeasfollows: 1.TheCityagrees that,uponproperexecutionofthis AgreementbytheOwnerandreceiptofpaymentintheamountof $25,575.00 (according to the payment schedule above)and inP\ fulfillment of all other Code requirements,it will provide Owner with a credit of nine (9)on-street parking spaces. 2.The credit of nine parking spaces is for purposes of zoning required parking only.No representation is made by the City as to the actual disposition of said spaces,i.e.whether these spaces are metered,or can be reserved for particular properties or establishments. 3.The City agrees that on-street parking credits shall runwiththe Property. 4.It is mutually understood and agreed that the Owner shall comply with all relevant laws and regulations. 5.This Agreement shall be binding upon the Owner and the Owner's successors and assigns and upon the City of South Miami and the City's successors and assigns. INWITNESS WHEREOF,the parties heretohave affixed their signaturesand seals: OWNER: MATTHEWS-JACOBS INVESTMENTS,L.C. (a Florida Limited Liability Company) Approved as to form: !ity/Attorney 7nw Mary hJ Matthews,;Manager and Tax (\(\l\•Matters Partner -M agerJ.Jefrey/Wattpews,Property Manage CITY OF SOUTH MIAMI City Manager CDi C3 CD GO -4v Drawnby:DKG Reviewedby:AB Date:3-7-01 *•'<\* •'.hf ngun x.25Spaces(inc Accessible M V RiemoveSeagrape& UmbrellaTree Wall / Right-of-wayLine^ THECITYOFSOUTHMI "CityofPleasantLiving' -300'- 5'Walkway(SteppingStonesonSand) 41STREETPROJECT 5700BlockofSW41Street outhMiami,Florida PLANC-l CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday,April 24,2001 City Commission Chambers 7:30 P.M. I.Callto Order andthePledge of Allegiance to the Flag Action:The meeting was called toorderat 7:31 P.M. Action:The Pledge of Allegiance was recited in unison. II.Roll Call. Action:Mr.Mortonperformedrollcall. 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 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 "BREAD GALLERY BAKERY &CAFE"INTHE "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 April24,2001 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 proposed 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 isa 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 tothe concerns ofthe board in relation tothe 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:Approved6Opposed1 ITEM PB-01-006 Applicant:Ernesto Llerandi,onbehalfof Delicias de Espana Request:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OFSOUTHMIAMI,RELATING TOA REQUEST PURSUANT TOSECTION 20-3.4(B)(4)(b)OFTHELANDDEVELOPMENTCODE 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. 57th AVENUE. Action:Ms.Chimelis readthe request intothe record andMr.Lorber,presented the item. Representative:Ernesto Llerandi and Eduardo Atienza,Delicias de Espana Mr.Lorber summarized the history of previous application ofthis item.Atthattimethe Planning Board recommended denial and the City Commission atits 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 andtryto 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 allthe commercial districts,adding thatthis 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 of time for the parking project tobe completed. The Board then discussed withthe Code Enforcement representative,Eva Rosa,the length of timethisestablishmenthasbeeninviolation of theCitycodes.Anotherconcernon behalfofthe board was whether the applicant had paid any fines on existing violations. TheBoardalsoraised concerns aboutthe number of existing restrooms inthis establishment and requested staffto conduct further research onthis 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 andMr.Mann seconded the motion. Vote:Approved4Opposed3 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 tothe City Commission for their consideration.Atthis time,Mr.Lorber suggested to the Board that it would be a good idea for a member to attend the City Commission atitsnext meeting,May 15,2001 to fully explain the Planning Board's actions. ITEM PB-01-002 (continued from February 13.2001 meeting) Applicant:Mayor and City Commission Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI,FLORIDA,RELATING TO STORAGE OF Planning Board Meeting April 24,2001 BOATS,TRAILERS AND RECREATIONAL VEHICLES;AMENDING CHAPTER 20OFTHECITYOF SOUTH MIAMI LAND DEVELOPMENT CODE,BYREVISINGSECTION20-2.3ENTITLED "DEFINITIONS"TOPROVIDEADEFINITIONOFRECREATIONAL VEHICLES;ANDBY REVISING SECTION 20-3.6(1)ENTITLED, "BOATSANDTRAILERS,"BYPROHIBITINGSTORAGEOFBOATS, TRAILERSANDRECREATIONALVEHICLESINREQUIRED SETBACKAREASFRONTINGSTREETS;BYPROHIBITING OVERNIGHTPARKINGOFBOATS,TRAILERSAND RECREATIONALVEHICLESONPUBLICPROPERTY;ANDBY PROHIBITINGSLEEPINGORDWELLINGINBOATS,TRAILERSOR RECREATIONALVEHICLESPARKEDWITHINTHECITY; PROVIDINGFOR SEVERABILITY,ORDINANCESINCONFLICT, -AND PROVIDING AN EFFECTIVE DATE. 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 upby those who owned small lots which would prevent them from complying with the proposed ordinance ifit were enacted. The following individuals spoke in support ofthe ordinance:Mary Gacek. Motion:Mr.Mannmovedtodeferandsendbacktostafftheproposedordinanceforthe 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 upat this meeting;(3)re-examine the definition of commercial vehicles;(4)to implement size restrictions;(5)revise the grandfather clause / variance.Ms.Chimelis seconded the motion. Vote:Approved6Opposed1 PB-01-007 Applicant:Mayor andCity Commission Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOFSOUTH MIAMI,FLORIDA,RELATING TOAREQUESTTO AMENDLANDDEVELOPMENTCODESECTION 20-3.3(E)ENTITLED "OUTDOOR SEATING/DININGFORALLCOMMERCIAL PROPERTIES,EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICEZONINGDISTRICT."INORDERTOAMENDTHE 4 Planning Board Meeting April24,2001 STANDARDS THEREINTOINCLUDEASPECIFICWIDTHOF UNOBSTRUCTEDPEDESTRIANSIDEWALKPASSAGEWHICH MUSTBEMAINTAINED;PROVIDINGFORSEVERABILITY; PROVIDINGFORORDINANCESINCONFLICT;AND PROVIDING AN EFFECTIVE DATE. Action:Duetothelatehour into the night,it was unanimously approved,withno motionmoved,todeferthisitemtothenextmeeting. V.Discussion Items Some ofthe discussion items included but were not limited to:(1)the Board discussed the request from Delicias de Espana in relation to code violations and the lack of code enforcement onsaid establishment;staff explained that since the Board hadsentthe letter tothe administration onthecode violations ofthe above-mentioned business,theCityhad 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 onand approved the minutes of March 13,2001. Vote:Approved7 Opposed0 VII.Adjournment Action:There being no further business before the Board,Mr.Morton adjourned the meetingat approximately 11:01 PM. December 7,2000 79th Street Corporation c/o Mr.F.Ruben Batista 535 Vittorio Avenue Coral Gabies,Florida 33146 Telephone:(305)665-8915 Mayor Julio Robaina Cityof South Miami 6130 Sunset Drive South Miami,Florida 33146 Dear Mayor Robaina: Thank you for thereunionheld November 13,2000,with you,the City Manager,Mr. Charles D.Scurr,the Director of Planning,and the Assistant Chief of Police.Wedohope thatourpositionregardingtheparkingsituationwasclarifiedandunderstood. Aswe explained,thedifficultiesstartedintheearly 1970's,when Bird Roadwas widened. Awholerowof parking spaceswas eliminated from our property aswellasour neighbors. This corporation boughtan additional parcel of land inorderto compensate this loss.As far aswe know,our neighbors didnot take a similar action.During most of this period we hadan informal verbalunderstanding allowing the customers ofAllen's Drug Store andthe othertenantsinthatbuildingtouseour parking facilities.Thisarrangementworkedas longasthecustomersof our tenantshad sufficient parking.Forsometime,however,due toincreased traffic,bothofourtenantsandofourneighbors,thesituationwasgetting worseandoftenour tenants'customershadtoleaveduetoalackof parking spaces.The "understanding"becameimpossibleto maintain whenoneofourneighbors'tenants requestedavarianceeliminatingthefourteen parking spacesrequiredbylawfora restaurant.Thesecarshadnootherplacetoparkbutonourproperty.Thisactoriginated astrongprotestbymanyofourtenantsandthiscorporationwascompelledtoprovide parking privileges onlytoourtenantsandtheir customers.This,afterall,isthe policy followed byall property ownersinthe business district of South Miami.Our previous policywasan exception totherule. You,Mr.Mayor,statedthattheCitywould improve youroffstreetparkingalong 41st Street,behindourproperty.Indeed,sincethen,theCityhasplaced"TwoHour Limit" signswhichhavegreatly helped thesituation.Asweexplainedandshowedinoursurvey (acopywasgiventothePlanningDirector),thisCorporationownsthelandbetweenour Mayor Julio Robaina December 7,2000 Page Two back wall and theoff street parking and we believe that the signs are placed onour property.If that were the case,we have no objection to this as long as our property rights are protected.We are glad to help in this manner as well as in any other way we can work with the City. This Corporation has owned this property for 41 years,and many of our tenants have been in business in the City of South Miami for more than 20 years.Therefore,we are involved with the future ofthe City and its progress and would like tobe informed of any projects which would affect this area and our property in order to cooperate withthe City. Thankingyou once again. Sincerely, F.Ruben Batista President cc:Mr.Charles D.Scurr