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14THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members ofthe City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, AICP, Planning Director DATE: August 16, 2016 Agenda Item NO.:1.9 SUBJECT: A Resolution approving a special use approval to permit a general restaurant at 7400 SW 57 Court. BACKGROUND: Located in the Residential Office "RO", Hometown District Overlay "HD-OV," the applicant is proposing to open a new general restaurant use in the first floor tenant space located at 7400 SW 57 Court which was previously occupied by a clothing store. Pursuant to the regulations listed in the Permitted Uses, Section 20-7.12(A) of the Land Development Code (LDC), a special use permit is required for the operation of a general restaurant. REQUEST: ~ Subject Property located at 7400 SW 57 Court - Chopsticks Restaurant Group, LLC, the applicant, is requesting approval to operate a general restaurant in the first floor tenant space located at 7400 SW 57 Court via the Special Use approval process outlined in Section 20-5.8 of the Land Development Code. Special Use Approval -7400 SW 57 Court August 16, 2016 Page 2 of 5 ANALYSIS: Pursuant to the Special Use Conditions, Section 20-3.4 of the LDC, a special use may be approved and permitted by the City Commission at a public hearing, after a recommendation by the Planning Board, provided that such use complies with the general requirements, special requirements, and any other conditions that the City Commission may consider appropriate and necessary. When reviewing the project, the following items are noted: • The proposed tenant space will occupy the entire first floor of the two (2) story building. The space was previously occupied by Tutti Bambini, a clothing store. • The subject property is near similar restaurant uses to the north (Town Kitchen & Bar, Mojito's, and Cafe Pastis) and to the east (Food Spot w/ Subway, Chicken Kitchen, and Power Pizza). • In addition to the proposed use, existing professional service type uses are located in the building on the second floor as well. Also, professional type uses are located to the east of the subject property. • Residential type uses are located to both the south and to the west ofthe subject property. • Pursuant to the attached Site/Floor Plan, sheet A-1 provided by the architect, Greg Neville, The breakdown of the tenant space is as follows: o Patron Area: 1,166 S.F. o Non-Patron Area: 1,532 S.F. • When the building was originally deSigned, it was proposed that the first floor would contain retail type uses and the second floor would contain office type uses. This is evident in the attached site plan, SP-1, which shows that the building was divided into both retail and office uses that required a total of twenty-six (26) parking spaces at the time when it was originally designed. Because it was a mixed use building, a parking space reduction of 20% was applied to the project that reduced the amount of required parking spaces to twenty (20). This reduction was consistent with Section 20-7.6(B)(2) which states: The following parking reduction shall apply to mixed use buildings with two (2) or more of the three (3) use categories (retail, office, reSidential) uses provided that no one use constitutes more than seventy-five (75) percent of the gross floor area: the total required parking spaces for a mixed use building shall be reduced by twenty (20) percent. Special Use Approval-7400 SW 57 Court August 16, 2016 Page 3 of 5 • The attached Site Plan, sheet SP-1, also indicated that the building has fourteen (14) off- street parking spaces. It is important to note that when the building was designed, it received credit for a total of six (6) on-street parking spaces that were directly adjacent to the building. This parking space credit is consistent with Section 20-7.6(B)(1) of the LDC which states: On-street spaces adjacent to a lot shall count toward the parking requirements· for that lot; a partial space longer than eleven (11) feet shall count as a full space. As shown on the attached Site/Floor Plan, sheet A-1, the applicant is proposing to renovate the tenant space in order to accommodate the use of a general restaurant. This includes the installation of a new kitchen with food prep area and a bar area. Typically, both the restaurant and bar use are prohibited in the RO zoning district. However, because the property is located in the Hometown District, these types of uses are permitted under the Hometown District Overlay. Pursuant to Section 20-7.2(B) ofthe LDC, The requirements of this Article shall be in addition to each and every other requirement of the City of South Miami Land Development Code (Code), and in the case of conflict, the provisions of this Article shall control. Furthermore, pursuant to Section 4-2(a) of the City Code of Ordinances, the distance requirement for the sale of alcoholic beverages of 500 feet between residential properties and restaurants, bar/lbunges and nightclubs does not apply within the Hometown District. Also, the 500 foot distance requirements between restaurants, bar/lounges and nightclubs located within the Hometown District and residential properties located just outside the Hometown District does not apply either. PARKING SPACE ANALYSIS Pursuant to Section 20-7.12(A) of the LDC, the parking condition for a general restaurant is as follows: • One parking space per 100 SF devoted to patron use • One parking space per 300 SF devoted to non-patron use Pursuant to the information provided, the minimum amount of parking spaces required for the proposed general restaurant is as follows: Patron Use Parking Space Requirement 1,166 &-F--, 1 Parking Space 1 x 100 &-F--, = 11.66 Parking Spaces ~ 12 Parking Spaces Special Use Approval -7400 SW 57 Court August 16, 2016 Page 4 of 5 Non-Patron Use Parking Space Requirement 1,532 £-.F-, 1 Parking Space 1 x 300 £-.F-, = 5.10 Parking Spaces ~ 6 Parking Spaces Based on the calculations listed above, the proposed general restaurant will be required to provide a minimum of eighteen (18) parking spaces. After the 20% reduction listed in Section 20-7.6(B)(1) of the LDC was originally applied to the building, a total of twenty (20) parking spaces were required for the building with ten (10) of those spaces being required by the retail component. When applied to the proposed restaurant use, there would be a deficit of eight (8) parking spaces. In order to meet the minimum required parking for the proposed restaurant use, the applicant would either have to pay into the Hometown District Improvement Trust Fund of $1,OOO/parking space deficient or obtain a Special Exception waiving the deficient parking spaces. This requirement is consistent with the following LDC sections: • Section 20-7.6(C)(2)(b) If there are fewer spaces provided than required for existing buildings, the applicant may: obtain a special exception waiving the number of additional spaces required in accord with the process set forth in Section 20-7.51 of this chapter; or pay into the Hometown District Improvement Trust Fund a fee as set forth below. • Section 20-7.6(C)(2)(c) The fee payment into the Hometown District Improvement Trust Fund for each space required but not provided shall be one thousand dollars ($1,000.00) per parking space per year payable at the time of renewal of the occupational license. This fee may be adjusted periodically by the City Commission as appropriate. At this time, the applicant has not informed staff of how they want to address the shortage of required parking spaces. SPECIAL USE ApPROVAL After review of the project, the proposed general restaurant use complies with both the general and special requirements listed in both Section 20-3.4(A) and Section 20-3.4(B)(4)(b) of the LDC, respectively, in that the use: • Is compatible and complementary to the existing uses within the surrounding areas; • Shall provide only inside or patio service; Public streets, rights-of-way, sidewalks and required setbacks may not be used for patio or street-side services of any kind; • No services of a drive-in or of a fast food nature shall be permitted; and Special Use Approval -7400 SW 57 Court August 16, 2016 Page 5 of 5 Furthermore, the requested special use does not conflict with the Comprehensive Plan and complies with the LDC requirements set forth in Section 20-5.8(B)(1) ofthe LDC in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the 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. Last, if the special use is, in the future, determined by the Director of Planning to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. PLANNING BOARD ACTION: After the public hearing held for the item at the Planning Board's July 21, 2016 meeting, the Board recommended approval PB-16-017 with a vote of 6 to O. STAFF RECOMMENDATION: It is recommended that the City Commission approve the Special Use Permit application. This approval is subject to the following terms and conditions as well as all applicable City ordinances, codes, rules and regulations: 1. The parking space agreement between the applicant and the City for the necessary parking spaces must be completed prior to the issuance ofthe Business Tax Receipt 2. Adhere to the Special Conditions applicable in Section 20-3.4(B)(4)(b) General Restaurant and Section 20-5.8 Special Use Approval of the Land Development Code, 3. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2) Outdoor Seating / Dining for all commercial Properties, ofthe Land Development Code. 4. Any and all exterior renovations or modifications for the new establishment is subject to approval by the ERPB 5. If the subject general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. ATTACHMENTS: Resolution, Application Package RESOLUTION NO. _________ ~ 2 3 A Resolution approving a special use approval to permit a general restaurant 4 at 7400 SW 57 Court. 5 6 WHEREAS, pursuant to Section 20-3A(B)(4)(b) of the Land Development Code (LDC), 7 the applicant, Chopsticks Restaurant Group, LLC submitted Application No. PB-16-017 to the 8 Planning Board requesting a Special Use Approval to operate a general restaurant located at 9 7400 SW 57 Court, within the Residential Office "RO", Hometown District Overlay "HD-OV" l 0 zoning district; and 11 12 WHEREAS, the applicant proposes to lease the existing vacant space that will front on 13 SW 57 Court; and 14 15 WHEREAS, restaurants are permitted as a special use within the Residential Office 16 "RO", Hometown District Overlay "HD-OV" zoning district and are subject to meeting the 1 7 general conditions specified in LDC Section 20-5.8 and subject to meeting the special use 18 requirements set forth in LDC Section 20-3 A(B)( 4 )(b) for a general restaurant; and 19 20 WHEREAS, the applicant's restaurant special use meets the special use requirements set 21 forth in LDC Section 20-3A(B)(4)(b) which are: 22 i. All such establishments shall provide only inside or patio service on private 23 property. Public streets, rights-of-way, sidewalks and required setbacks may not be used 24 for patio or street -side services of any kind. 25 11. No services of a drive-in or of a fast food nature shall be permitted. 26 111. The city commission shall review and recommend approval, disapproval or 27 modification of all site plans and project specifications for this special use permit; and 28 2 9 WHEREAS, the approval of a special use requires a recommendation from the Planning 30 Board and the approval of the City Commission after a public hearing; and 31 32 WHEREAS, at the July 21, 2016 Planning Board meeting, and following a public 33 hearing, the Board reviewed application PB-16-0 17 and voted 6 ayes, 0 nays to recommended 34 approval of the request for a special use to operate a restaurant; and 35 36 WHEREAS, the City Commission desires to accept the recommendation of the Planning 37 Board. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 41 42 Section 1: Special Use Application (PB-16-017) submitted by applicant Chopsticks 43 Restaurant Group, LLC to operate a general restaurant located at 7400 SW 57 Court, within the 44 Residential Office "RO", Hometown District Overlay "HD-OV" zoning district is hereby approved. This approval is subject to the following terms and conditions as well as all applicable 2 City ordinances, codes, rules and regulations: 3 4 1. The parking space agreement between the applicant and the City for the necessary :J parking spaces must be completed prior to the issuance ofthe Business Tax Receipt 6 7 2. Adhere to the Special Conditions applicable in Section 20-3.4(B)( 4)(b) General 8 Restaurant and Section 20-5.8 Special Use Approval of the Land Development Code, 9 lC 3. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2) 1 =-Outdoor Seating / Dining for all commercial Properties, of the Land Development Code. 12 13 4. Any and all exterior renovations or modifications for the new establishment is subject to 14 approval by the ERPB. 15 1 6 5. If the subj ect general restaurant is, in the future, determined by the Director of Planning, 1 7 to be adversely affecting the health or safety of persons residing or working in the 18 vicinity of the proposed use, to be detrimental to the public welfare or property or 19 improvements in the neighborhood, or to be not in compliance with other applicable 20 Code provisions, the special use approval may be modified or revoked by the City 21 Commission upon notification and public hearing. 22 23 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 24 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 25 not affect the validity of the remaining portions of this resolution. 26 27 Section 3. Effective Date. This resolution shall become effective immediately upon 28 adoption by vote of the City Commission. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 PASSED AND ADOPTED this ~~_ day of, _______ , 2016. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: CITY ATTORNEY Commissioner Edmond: CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Thursday, July 21,2016 CITY COMMISSION CHAMBERS 07:00 P.M. The City of south Miami Code of Ordinances, Section BA-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members oj any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www.southmiamifl.gov). I. Call to Order Action: Mr. Greiner called the meeting to order at 7:06 P.M. II. Roll Call Board Members Present Constituting a Quorum: Mr. Greiner (Chairman), Ms. Fischer (Vice- Chairwoman), Dr. Philips, Ms. Glavey, Mr. Basu, and Ms. Kahn. Board Members Absent: Mr. Melow. City Staff Present: Mrs. Jane Tompkins (Planning Director), Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator), and Mr. Gary M. Held (Land Use Attorney). City Staff Absent: None City Attorney: Mr. Thomas Pepe III. Administrative Matters None at this Time. IV. Public Hearings 1 1. P8-16-017 Applicant: Chopsticks Restaurant Group, LLC A resolution approving a special use to permit a general restaurant at 7400 SW 57 Court. Applicant: Chad Friedman, Gregory Neville (Representatives) Ms. Fischer read the item into the record. Mr. Lightfoot presented the PB-16-017 to the Board. Mr. Friedman presented the project to the Board. Dr. Philips asked what the open area is near the bar. Mr. Friedman stated that it would be an additional dining area. When asked if the proposed restaurant would sell liquor, Mr. Friedman responded that the restaurant would only sell beer and wine. Mr. Basu stated that the location of the proposed restaurant is a good example of shared parking. When asked about the amount of patrons will come to the restaurant, Mr. Friedman stated that there would be approximately fifty (50) seats. The Chairperson opened the floor to public comments on P8-16-017 . • Robert Blanck -Oppose • Greg Dewalt -Support The Board held a discussion with Mr. Blanck regarding the security of his parking lot. The Chairperson closed the floor to public comments on P8-16-017. Mr. Basu stated that the issue mentioned in the previous Public Comments section regarding the use of parking spaces is a matter between the property owners. Mr. Pepe agreed with Mr. Basu and added that Mr. Blanck will need to make a decision on how to solve his issue with other people using his parking lot. Mr. Greiner stated that he wished that there were more mixed use projects like this in the Hometown District. Motion: Mr. Basu moved to approve PB-16-017. The motion was seconded by Dr. Philips. Vote: Yes 6, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Dr. Philips: Yes 2 City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Tc\ephone: (305) 663-6326; Fax: (305) 668-7356 Application for Public Hearing before Planning Board & City Commission Address of Subject Pro~e~: 740~ S3"14~ Court Sout laml, t..: 1 Lot(s) Block Subdivision LarKinS PB 33-44 --Forest Meets & Bounds: Applicant: Gnop.stlqKs .t:<estaurant Group, LLG c/o Craig DeWald Phone: 305-448-2400 Representative: Chad S. Friedman Organization: Weiss t;erota Heitman Cole & Bierman, P.L. Address: 2525 Ponce de Leon Blvd., Suite 700 Phone: 305-854-0800 Coral Gables, Florida 33134 ChAln",r: Signature: Tenant: Chopsticks Restaurant Group, LLC Mailing Address: 150 West Fla~ler St. Suite 2200 Miami, FL 33 30 ' Phone: 305-448-2400 ArchitecUEngineer: Neville Steffens Architects LLP Phone: 305-448-5299 , AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: -Owner _Owner's Representative _Contract to purchase _Option to purchase X TenanULessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC Variance X Letter of intent - _ Zoning Map Amendment XSpecial Use _ Justifications for change _ PUD Approval _Special Exception _ Statement of hardship _ PUD Major Change _Other (Waiver of Plat) _ Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase _ Current survey (1 original sealed and See Attached Letter of Intent signed/1 reduced copy @ 11" x 17") X 15 copies of Site Plan and Floor Plans 24 x 36", 1 reduced copy@ 11" x 17" _ Affidavit-Receipts attesting to mail notices sent Section: --Subsection: --Page #: __ Amended Date: _ Mailing labels (3 sets) and map X Required Fee(s) The undersigned has read this completed application and represents that the infonnation and all submitted materials are true and correct to the best oft e applicant's knowledge and belief. Craig DeWald 6-10-16 Print Name Date Upon rec pt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in cOlllpliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed._-:--__ _ Petition Required __ _ Method of Pa ment Date of PB Hearing, _____ Date of Commission ____ _ Petition Accepted=-____ _ L -4;; 000 tt IIS-;; Z:\Forms\Current Planning Department Forms\Planning Department Forllls\Planning Board\PB -Special Use Application -Revised 4- 30-2013.doc Via Hand Dclivcry Jane K. Tompkins. AIC» Planning Director City of South Miami 6130 Sunset Drive South Miami. Florida 33143 June 10.2016 CHAD S. FRIEDMAN, MEMBER CFriedmun@wsh-luw.com Rc: Lctter of Intent I Chopsticl{s Restaurant Group, LLC I Property locatcd at 7400 S.W. 57 1h Court, South Miami, Floridnl Application for Spccinl Use Approvnl for H General Restaurant Dear Ms. Tompkins: On behalf of our client. Chopsticks Restaurant Group, LLC (the "Applicant"), we respectfully submit this letter of intent in connection with your Department's rules and regulations for filing an Application for a Special Use Permit (the "Application") in the City of South Miami (the "City") on the above-referenced property (the ·'Property"). The Property consists of approximately .23 acres and was recently constructed with a mixed use building consisting of retail and office uses. The Applicant is the current tenant/lessee of the ground floor of the building and we are patticularly pleased and proud to be able to bring to the "City of Pleasant Living" a new innovative restaurant concept to the City's Hometown District. When completed, this restaurant will consist of 1,789 square feet (1.164 sq. ft. of pal ron area and 625 of service area) and will enhance the dining options within the City. In order to effectuate this proposal, the Applicant respectfully requests Special Use Permit approval for a general restaurant in accordance with Sections 20-3.3(0) and 20-3.4(B) of the City Code of Ordinances as shown on the plans prepared by the architecture firm of Neville Steffens Architects, LLP. The Property is located within the City's Hometown District Overlay District and the proposed restaurant is permitted and consistent within this zoning district. In addition, the proposed lise is compatible and complementary in nature with the existing surrollnding office, retail, and other restaurant lIses. We believe that the addition of this restaurant will flllther the City's goal of creating a healthy town center with a variety of mixed lIses. Please note that the Applicant is only proposing inside service on the property at this time. Furthermore, this restaurant concept will have table service and will not have a drive-in or be considered fast food. 2525 Ponce de Leon Blvd., Suite 700, Coral Gables, FL 33134 I 305-854-0800 I v.'wvv.\vsh-Jaw.com rvls. Jane K. Tompkins June 10. 2016 Page 2 01'2 We submit that the requested approval is consistent ,vith the provIsions of the City's Comprehensive Plan and City Code of Ordinances I. Thank you for your consideration of this application. We look forward to your f~lVorable review. If we can provide you with additional information or documcnts, please do not hesitate to contact me at (305) 854-0800. CSF/mea 3217.001 cc: Mr. Craig DeWald Neville Stcffens Architects. LLP Very truly yOlJl'S, ~p~ Chad S. Friedman I To thc extcnt that the proposed restaurant will cause the Property to no longer Illeet the existing parking requirements within the City Code, the Applicant will agree to pay into the Hometown District Improvement Trust Fund as provided in Section 20-7.G(c)(2){b) orthe City Code. ---. " . . . ---.. . --. ~ -i' ; , (O>'H~il:.i~l;H·l lIJ1l1iJI.'"oJU·(f1J I " ~~~~~~:':~~;::'.Lii:.L..::U:J~ ~ Florida Real E;DeciSions, Inc. J'; June 10, 2016 City of South Miami planning and Zoning Division 6130 Sunset Drive South Miami, Florida 33143 Re: Property Owners List Within 500 feet of: 36 54 40 LARKINS FORREST PB 33~44 EII0FT OF N91FT OF TRACT 2 FORMERLY DESC AS LOTS 30 & 31 AS PER PE 18~33 7400 SW 57 CT 16375 N.E. 18 th Avenue Suite 300 Miami, FL 33162 (305) 757-6884 1500 West Cypress Creek Rd. Suite 409 Ft. Lauderdale, FL 33309 (954) 761-9003 12230 Forest Hill Blvd. Suite 110-SS Wellington, FL 33414 (561) 798-4423 \NWWFREDIFLCOM This is to certi fy that the attached ownership list, map and mailing labels* are a complete and accurate representation of the real estate property and property owners within 500 feet of the subject property listed above. This reflects the most current records on file in the Miami-Dade County Tax Assessor's office. Sincerely, Maureen E. Hudson cc: Chad S. Friedman, Esq. WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 2525 Ponce de Leon Blvd, Ste 700 Coral Gables, Florida 33134 Number of Labels: 161 *Duplicates removed. EJ ~10 fffl4 ~ Ac ) ~ PI 'i' g; ~, !' cJ 5i C4 a. 20 .11160 _.!'~l. ~~'J' f' ,22~, _ oci9o.- (111.1.c] 0110 2\l19. ~~ .0» . ..,'" ~ 0250 n~9, .co,,,,; 0240 ~ to., ...... , 0200 0230 t: \Otlolt:: I o(.n·f: , J. ~ ~ Ii I~i * ~.; ~ o~ 0, :S~ , f-!' - ~; " n ~I-. , -ee H .- " i~~ " s~ " ?' " '. -!' " " 0182 (2 II Ac.) RO oo6~ (335 Ac.) 11 .-,)}f 1l JR\!', m, J~, .~, m?, m, ,w,!.!l. J~?!, i SA r ~l/~, mi. J~~\ 21'$, ~~, H~, !'i~, ,m. oo~ (344 Ac) R J~12, ,.IR~, I----- f---JR~, JH!, r---f----Nit, Jk~, Jg<)9, I~lro, - J~~, J!3!l, J~I n\?, JJm J~~. OO<J~ 1340"c) AFFIDAVIT OF CHAD S. FRIEDMAN STATE OF FLORlDA ) ) ss: COUNTY OF MIAMI-DADE ) BEFORE ME. the undersigned authority. this day personally appearcd Chad S. Friedman, who. ai'll?!" being duly sworn. deposes and stales that all of the facts herein arc truc: J. My name is Chad S. Friedman. I am a resident of Miami-Dade County, rJorida. am over thc agc of 18. I am !I'ce from disabilities and impairments. both legal and physical. which would prevent me from being able to testify truthfully. The matters set forth in this affidavit are bascd upon my own personal knowledge and pledges. 2. I am the attorney re\)l'esentin g Chopsticks Restaurant Group. LLC tenant of the property located at 7400 S. W. 5i 1 Court, South Miami. Florida 33143 (hereinafter the "Property"). 3. On June 16, 2016, in accordance with the City of South Miami requirements, I have mai leel or caused to be mailed notices advising property owners within 500 feet of the Properly or the pending Special Use Permit Application at the City of South Miami relating to the Property. FURTHER AFFIANT SA YETH NOT By: Chad S. Friedman SWORN TO AND SUBSCRIBED before me this ~ day of June, 2016 by CHAD S. FRIEDMAN. who is personally knowll to me or has produced ___________ _ as identification. SEAL • Lydia L Pimienla R~~Y a\. Notary Public State of Florida ~-,. j My Commi$Slon FF 008217 '" "d"o Expire, 06103/2017 ~ '/./.. --~;:~ ry Public State of Florida at Large My Commission Expires: O~/()3~()17 My Commission Number: Of) f"J1 ? NOTIFICATION LETTER Applimfiollj()r Special Use Perll/if Re: Chopsticks Restaurant Group, LLC 7400 S.W. 57'h Court, South Miami, FL 33143 To Whom It lVla)' COllcern: You are hereby notified that Chopsticks Restaurant Group. LLC has fi led an appl ication in the City of South Miami for approval of a special lise permit for a general restaurant located at 7400 S.W. sill Court. South Miami. Florida. The proposed application will be revicwed by thc City's Planning l30ard and the City Commission. The City's Planning and leming Department. at 6130 Sunset Drive. South Miami, will have on file all docu1l1ents, plans and supporting materials pertaining to this application. In addition, the City's Planning and Zoning Department will prepare and mail the required notices of public hearing in accordance with the notice requirements of the City of South Miami Land Dcvelopmcnt Codc. Sincerely, ~/--~~ '2 . ~~ /~--' Chad S. Friedman, Esq. Applicant's Representative NOTICE OF PUBLIC HEARING CITY OF SOCTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; fax f!: (305) 666-4591 On Thursday, July 21,2016 at 7:00 P.M., the City of South Miami's Planning Board will conduct public hearings in the City Commission Chambers at the above address on the following items: PB-16-017 Applicant: Chopsticks Restaurant Group, LLC A resolution approving a special use to permit a general .·estaurant at 7400 SW 57 Court. ( I ! i ,/ SW74TH ST (j) ~ ()l -.J ( 57~1 --i SW 74TH TER :r () ;-1 ) \ .. 5730 $"". j, ! , )1" • 1 . '" All interested parties are urged to attend. ObjectIOns or expressions of approval 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 mformation are asked to contact the Planning and Zoning Department by calling 305-663-6326 or writing to the address indicated above. You are hereby advised that if any person desIres to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose 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 (F.S 286.0105). Refer to hearing number when making any inquiry. MIAMI DAILY BUSINESS REVIEW ,- Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared OCTELMA V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review tlk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-AUGUST 16, 2016 in the XXXX Court, was published in said newspaper in the issues of 08/05/2016 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in 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 Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a penod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the urpose of securing this advertisement for publication In the Sworn to and subscribed before me this 5 dayof AUGU;J1'.D.2016 M / ~~d~ (SEAL) OCTELMA V. FERBEYRE personally known to me CITY OF SOUTH MIAMI NOTIC. OF PUBLIC HEARING NOTICE IS HEREBY given. that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its reglJlarCity Commission meeting scheduled for Tuesday, August 16, 2016, beginning at 7:00 p,m" in the City Conimission ChamberS, 6130.Sunse(Drive, to consider the . following item(s): A ResolUtion. approving a. special use approval to permit a general ( restaurant at 6620 SW 57 Avenue. fA Resolutio.n app. r.ovin g. a. special use approval to permit age~era~ l ~estaurant at 7400 SW 57 Court. ~ An Ordinance amending the City of South· Miami's Laild' Development Code; Article III, "Zoning Regulations," Section 20-3.3, Permitted use schedule," Subsection. (E), "Outdoor Seating/Dining for All' commercial Properties, except for Properties In . the RO Residential Office Zoning District," to amend the insurance requirements, and other applicable rules,applicable to outdoor seating of restaurants within the City. ALLinterested parties are invited to attend and will be heard. For further· information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if·a 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. . 8/5 16-83/0000140207M , , -------~, ---------------------------------~l h------------------:-----: = " t :: : " : I :: B:: " : ~== 'I -S.w'-~ ... ~ .... ---~lc~:::_,CC.::.:::~.::: ~ ~ : , ~ .: i i i :------' : ""'''''-OUlNll1ON 0 ~~\IIIUGtHPOl.E @ " !£U..5OOlH1U..EPI<0I'IEBOX <I- " iii ~I>- © i i : ~- Ii' , --------~ ii, i i ', ____________ c _______ _ CCJ«l£IE IJ..OCK Sml.JCTUlIE CO'tO£T[U<;HTPCU ~POYIEJIPCU ,~ 0 f-----$.w.---74tb-TeFFaGe------+----------------- i /--------------------------i i I ~ ~ -IJHL-UECffiIC'lRR( OVERliEAO .~ W:V.t.TICII (EXI5TrI(;) .f W:V.t.TICII(I'flCPOSED) ;;>; M 0 lUJDliUlElllI'C)UQIl'aIf'iIIIT~ LOCATION MAP (NOT TO SCALE) GRAPHIC SCALE 21..~ __ ---,_-----._...;1----I'Wf---0 ___ y •••••• _80 1 r.. _ L::"':j I . 58 W.A. LARKINS SUBDIVISION (p.B. 3, PO. 198) ( IN FEET) inch = 20 ft. 59 W.A. LARKINS SUBDlVISION (p.B. 3, PO. 198) 22 LARKINS roREST (p.B. 18, PO. 33) PORTION OFTRACf 2 AMMHNDHD PLA TOF I W.A. LARKINS SUBDlVISION (p.B. 33, PO. 44) SYMBOL LEGEND ABBREVlAllOH OEFlNll1OH ~ " " 0 -{j) ~'fW ~ lJIoITlD~RlGH1'OFWJ..Y "" 0 I!il &, H •• D. " 0/1. PERIoIAl€HTCONlIIILI'OIHT '/1. ® PEJ\W..\l€llTREFffiO!~"'~\l"OfT J. AAIL 'I().OD OI(lS5~G !JQI "'" !£C.:alElfl) ~f't'BIAlK:fl 'fW - N IO'VilI..fASW"T. 12'VIlI...EASIorT. + ® r1<J ~ (l) "" + B ~ ~ M C~ D"Il ® CJ:l L::2:J c=J ,[==:J lRAffICS:::N.I.l EJO,'( 2'EJ..D8'lT !I'UmJTY~OI'T 10' UlUTY EMalEJ;T ED 74 W.A. LARKINS SUBDlVISION (p.B. 3, PO. 198) PORTION OFTRACf 1 AMMBNDHDPLA TOF W.A. LARKINS SUBDIVISION (p.B. 33, PO. 44) LEGAL DESCRIPTION: The East 110 feet of the north 91 feet of Tract 2, AMENDED PLAT OF LARKINS FOREST, according to the Plat thereof, recorded in Plat Book 33 Page 44, of the Public Records of Miami-Dade County, Florida, f/k/a Lots 30 and 31, of LARKINS FOREST, according to the Plat thereof, recorded in Plat Book 18, Page 33, of the Public Records of Miami-Dade County, Florida. SURVEYOR'S NOTES: 1) The herein captioned Property was surveyed and described based on the Legal Description Provided by Client. 2) This Certification is only for the lands as described. It is not a certification of Title, Zoning, Easements, or Freedom of Encumbrances. TITLE POLICY NOT REVIEWED. 3) There may be additional Restrictions not shown on this survey that may be found in the Public Records of Miami-Dade County, Examinat;an of TITLE POLICY NOT REVIEWED will have to be made to determine recorded instruments, jf any affecting this property. 4) Accuracy: The expected use of the land, is "High Risk Residential", the minimum relative distance accuracy for this type of boundary survey is 1 foot in 10,000 feet, the accuracy obtained by measurement and calculation of a closed geometric figure was found to exceed this requirement, and conforms to the Standards of Practices set forth by the Florida Board of Land Surveyors and Mappers pursuant to Section 472.027, Florida Statutes_ S) Foundations and/or footings that may cross beyond the boundary lines of the parcel herein described are not shown hereon. 6) Not valid without the signature and the original raised sea! of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. 7) Contact the appropriate authority prior to any design work on the herein described parcel for Building and Zoning information. 8) Underground utilities are not depicted hereon, contact the appropriate authority prior to any design work or construction on the property herein described. Surveyor shall be notified as to any deviation from utilities shown hereon. 9) Ownership subject to OPINION OF TITLE. 10) Type of Survey: BOUNDARY SURVEY 11) North arrow direction are based on an assumed meridian along the center line of S.W. 74th Street as shown on P.B. 33, PC. 44 of Dade County, Florida. 12) Elevations are based on: National Geodetic Vertical Datum, 1929. 13) Miami-Dade County Bench Mark Used: SOUTH MIAMI Elev_: 13.30' 14) Bench Mark Location: S.W. 72nd StreeL _________ 10.2' South of South curb. S.W. 59th Avenue __________ 29.9' West of West curb. USC&G brass disc set vertically in north face of concrete pillar of the Building 15) Property Address: S.W. 57th Court and S. W. 74th Street Miami, F!orida 33196 16) Flood Zane: X Base Flood Elev_~ N/A AS PER FEMA Panel Number: FEMA Panel Number: 12086C0458L Panel No.: 0458L Date: September 11, 2009. 17) This BOUNDARY SURVEY, has been prepared for the exclusive use of the entities named hereon. The Certificate does not extended to any unnamed party: 18) a. UVAGGIO WINE BAR b_ c. d. 10-14 Field Book: A-550, A-583, Data Collector File: 17,18 74ST57CT.CR5.cr5 UVAWINE.CR5 Project No.: 13-032-0357 13A032-5300 19) This Map of Survey is intended 1:0 be displayed at a scales of One inch equals of 20 feet or smaller. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and correct representation of the BOUNDARY SURVEY of the real property described hereon. I furtr--er certify that this survey was prepared in accordance with the applicable provisions of Chapter SJ-17.0S1 (Formerly 61G17-6), Florida Aaministrative Code, and conforms to the Standards of Practices set forth by the Fiorida Board of Land Surveyors and Mappers pursuant to Section 472.027, Florida Statutes. FORD, ARMENTEROS & FERNANDEZ, INC., LB6557 Or:ginal Date Field: June 22, 2016. Revisio[l Date: Revision 9ate: Revision Date: BY: Omcr-A~e~Tff;~-P.LS~Fo~TheF~~- Professional Surveyor and Mapper State of Fioridc. ~egistration No. 3679 Rm,~&RHWm. tiIIIKW. i411A1mf,2111 RJXR oow.. RJJI)I. 331n ffitnl417-«n fM IX6J 470-28:0 z 0 (f) :> w 0:: LL 0 0 0:: 0 U W 0:: >-m z 0 1= <l- ei: U 1/l w 0 ~ "'" 0 .; z ~ e::( ~ I I--:::> 0 en I I-- 0::: :::> 0 () ..c ........ r- L{) ~ en 0 0 -.::;:t r- SCALE: DflA~BY: en w l-0 Z 0 z « I I- () w ::.::: en ---1-« <9 w ---1 ci >-z 0:::: w W <9 ;i5 ~ W ---1 W ::> c: z en « ~ & ::2 « z 0 0-0 -<.9 z 1-<.9 ::> «'« 0 (» CD g::> '" ~ ~ ~ is ~ I~ ~ :Ji I~ 19o l' = 20' A.A. DI'IIJ. CHECKED BY: 0 QUAUTY CCNTRIl...: DATE 06-22-2016 PROJ:CTNo: 13A032-5300 9iEIT: 1 OF 1 ShEETS ) ~;~~~~G~ I "OLE t I I I I I §;I ~I I I I ~ f.xI~TI:-JG..----' I U:~~~ I I I I I L 18' TYPICAL 8 _ 9 10 Ii I C 14 S.W. 74th STREET -C-:-l. --- IIANDICAP PARKING SIGN SITE p~~~ LEGAL DESCRIPTION HIE: NORTt-! ~ I rEE-ur lllr [!\S"! I I:) r':'fl or -RAcr \'0. 2 OF AVMENDED ='LAT Of lA"'J'JN5 FO!{fST ACCORDING TO Tt-E PLAT THEREOF AS .~COR.DED 'N PLAT 500K 33, "'AGE 44 0""" -I"'E PUBLIC RECORDS OF !'v1'N""I-DA.DE COUNTY, / /' / / / / ZONING DATA ZO~ING DISTRICT' 'RO' willi '~OMETOw' DI5TRJCT" :JVE~LAY LOT AREA 3.873 S.F VAX. f AS 15,79<; 5 F. (I G) "'.A.R. "ROVIDED: 8,598 S.F. (0.87) v,AX LOT COVERAGE: 4,936 S.P (50%) _or CQVE'{AGE FRDVIDE:)· 4,196 S.P (42%) :vIIN. OPE'! Y.A:?,,:J SPACE· 9B7 5 P (J 0%) OP~N YARD SPACe: :"RO'lIOED' ,343 5.1' i r 4~'~) RtQUIKtU t'AI<KING: 2,(;9b Sf! 300 = 9 -:'PACE5 (P...,:rAll3'3'h) 4,079 S.F. J 250 = 17 5f'AC!:5 (OffiCE G I 'Yo) TOTAL = 26 SPACES Al I CW:U 2G% R..9)UCriON = 20 5PI\Cr5 f' .. .ANTE:) O'<.l\LLOWED -0 GRO\v ANC NO 'jEt-I:CLE St"ALl B:: PARF"ED Wr'IC~ MAi=RIALLY :MPE:JES \fISIO.'i BETWEE'l .'\ "1E:G-lT Of THR.EE (3) FEET AND SIX (6) FEET 'II:T~1f~ THE AREA BOUi\9ED BY THE TRiANGLE Of ViSIBILITY LOCATION MAf' N.T.S. VIEW A (EX1S-ING CONDITIONS) VIEWB (EX:STlNG CON:JITIONS) VIEWC (EXIST,'NG CONDITIO\S) VIEWD (EXISTING CONDnO\Sj ~'--""''-'-=f'~~ REVISIONS ~y *04/05/1_, ~_' MP- 04/16/13 Zji;-- :1 Ob/19/13 M? !~07/1 G/l3 Mi" ~~:g:~: g~~,~~~ ~' MP Z u ::::'" 0 "" -l ;:; 0 U) 0> 0 I:k::: n -l <(0) LU 0"" 0 -"' '" Z 0-"' UJ , ~o I , '" V) ~ - Z « f-"'x ~ 0« o~ U , .• ~ ..,<Xl « W ..,,,,, "''' U) ~"" f-~ 0 I'" <.9 -.-"" ,,'" Z N _ I r-'" 0 ~o W 0> -.J U 3= -0 I l-n::: r-w '" Z 0 00 U) « ZI 0 ~ '" w ~ Wl '" W j'~J. 0 r-- ~ Z 0 --.l - =:l b2 ('() CO .q- =:l - LLJ 0 ('() U ('() -U <{ U LL D -' LL ...c -' 0 -\-' OZ 0 ['--. 0 0 ----IS) .....J .q-LL --.l ol'---;i <C ::2: ::2: " \--~ j; 0 I.: LLJ (J) ::2: \f) (k" .~ 0 r ~ D 0 \- LLJ :::J 9 (J) 't 0 ~ 0 ['--. \f) ~ 0..... 0 0 t3 ~ (k" c; 0..... ~ ~ ~ SITE PlAN 7 SCALE 1"~20'-0" 0 DATE 03/20/! 3 JOB 1302 SHEET .. SP-l OF SH EETS PARKING 6 I ~ PARKING 7 I I ~ PARKING 8 I ~ PARKING 9 I §I ~ PARKING 10 il ~ if PARKING 11 I I ~ PARKING 12 I I ~ PARKING 13 I ~ PARKING 14 I I L SITE PLAN 1"=1 0 '-0 " PARKING 5 PARKING 4 ~ CONC. SIDEWALK PARKING 15 EXISTING PAVED PARKING AREA = PROJECT DATA ADDRESS : URT GROUND FLOOR 7400 SW 57 CO , STRICT OVER LAY ZON ING DISTRICT: PROJECT AREA : REQUIRED PARK ING PATRON AREA: SERVICE AREA: PARKING SPACES REQ'D . PA TRON AREA: REA ' RO WITH HOMETOWN DI SF TEN AN 2,698 AREA 1,166 SF 1,532 SF BY AREA 1,166 SF 1100: 1,532 SF 1300- T SPACE BY AREA 12 6 SERVI CE A. S REQU IRED : ING SPACE T 20 TOTAL PARK T ION AGREEMEN PER REDUC PARK ING PROVII~~~: . 18 SPACES STREE T P A:~VIDED ON SITE . OR RESTA URANT: PARKING P 0 GRO UND FLO -----E DIC ATED T SPACES D RKING SPACES : DEFICIT OF PA 6 14 10 8 -t I I I I I I I I I Ir-a:: 16 1° .c I ~ I ~ IU) I I I I I I I MEN DIN ING ROOM (PATRON AR EA) FL OOR PL ~,N 1/4"=1'-0 ----=NS" LLP NEVILLE I STEF ~~ 0003<66 ~~~ DESIGN ITECTURE I B 2 6000 5 77 316 M!~ES~t~i ~O~ 1 3 4 CHOPSTICKS RESTAURANT TENANT BUILD-OUT 7400 SW 571h COURT SoothMiami.,_Fl ______ _ PRESENTATION PLAN .. S. ____ _