Res. No. 091-097-10062RESOLUTION NO.91-97-10062
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TOA REQUEST FOR
A SPECIAL USE PERMIT FOR A "RESTAURANT,GENERAL",
PURSUANT TO SECTION 20-3.4 (B)(4)(b)OF THE LAND
DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT
7310 RED ROAD,SOUTH MIAMI,FLORIDA 33143;PROVIDING
FOR A LEGAL DESCRIPTION;AND,PROVIDING FORAN
EFFECTIVE DATE.
WHEREAS,Mr.Bruce Arthur has made an application to
request a Special Use Permit to operate a "Restaurant,General,"
to be located in the "SR"Specialty Retail/Residential zoning
district and located in the Hometown District Overlay,pursuant
to Section 20-3.4 (B)(4)(b)of the Land Development Code;and,
WHEREAS,the property is located at 7310 Red Road;South
Miami,Florida,33143,and is legally described as follows:
Lots 75,76,77,78 and 79,less dedications for roads,
of UW.A.LARKINSSUBDIVISION,"accordingtotheplat
thereof as recorded inPlatBook3atPage198ofthe
PublicRecordsofDade County,Florida,andsubjectto
an easement recorded in said Public Records;and,
WHEREAS,the property owner has submitted a letter of intent
authorizing the future use proposed by the applicant;and,
WHEREAS,PlanningDivision staff hasrecommendedapprovalof
the application for a Special Use Permit,which recommendation is
based upon (a)the merits of the application and (b)consistency
withtheCity'sadopted Comprehensive Plan;and,
WHEREAS,onApril 29,1997,the Planning Boardvoted7:0to
recommend approval ofthe Special Use Permit;and,
WHEREAS,theMayorandCity Commission oftheCityofSouth
Miami desire to accept the recommendation of the Planning Board.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
"Wrap &Roll Grill"Special Use:Public Hearing May 20,1997
Page2of Res.91-97-10062
Section 1.The request submitted by Bruce Arthur,tenant,
for a Special Use Permit to operate a "Restaurant,General,"
which is to be located in the "SR"Specialty Retail/Residential
zoning district and located in the Hometown District,pursuant to
Section 20-3.4(B)(4)(b)and Section 20-7.12(A)of the Cxty's
adopted Land Development Code,is hereby granted.
Section 2.This approval is subject to and dependent upon
the restriction and limitation of the "Restaurant,General"use
to 7310 Red Road,as indicated on the submitted site plan.
Section 3.The City Manager may revoke this approval upon a
determination that any other portion of the property,legally
described herein,isbeing utilized for restaurant purposes,
including storage,food preparation,deliveries or any services
related to restaurant uses,which are not authorized and licensed
by the City of South Miami for the subject property.
Section 4.The City Manager may revoke this approval upona
determination that any other property is being utilized for
restaurant purposes,and such use is related to the subject
property,but such use has not been authorized and licensed by
the City of South Miami,including storage,food preparation,
deliveries orany other services related to this restaurant use.
Section 5.TheCity Manager shall have final approval and
authority over all matters regarding the determination of the
applicant•s compliance with the intent of these sections.
Section 6.This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 20th dayofMay,1997.
ATTEST:
&-4Ul2Z*-~'
CITY CLERK
READ AND APPROVED AS TO FORM:
i2 /£>'(Sx^Z/j/i
CITY ATTORNEY
APPRi
COMMISSION VOTE:4-0
Mayor Price:Yea
Vice Mayor Robaina:Yea
c:\Q.P gupi-tSsSaifi n^rm E^t^Us.doc Yea
Commissioner Young:Yea
'Wrap &Roll Grill"Special Use:Public Hearing May 20,1997
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:MayorandCityCommission Date:May 14,1997
Agenda Item #f~
Re:Comm.Mtg.05/20/97
"Wrap&Roll Grill"Special UseFrom:L.Dennis Whn
CityManager
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT,GENERAL",PURSUANT TO
SECTION 20-3.4(B)(4)(b)OF THE LAND DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT
7310 RED ROAD,SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND,
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND:
The applicant,Bruce Arthur,is requesting a special use permit to operate a Restaurant,General
at 7310 Red Road,to be known as the "Wrap &Roll Grill."The previous use at this location
was "Finicky's Little Diner"which provided seating capacity for 40 patrons.The new restaurant
will contain small tables and chairs to seat 18 patrons,as shown bythe proposed floor plan
presented as part ofthis application.The definition of General Restaurant,special use conditions
for all uses,and the specific conditions for General Restaurant are included below:
DEFINITION [from Section 20-2.3;found on page 16 of the Land Development Code]
Restaurant,general.Shall mean an establishment where the principal business is the sale of food and beverages
to the customer ina ready-to-consume state and where the design or principal method of operation consists of
either of the following:
Sit-down restaurants where customers are normally provided with an individual menu and food and beverages are
generally served in non-disposable containers by a restaurant employee at the same table or counter at which said
items are consumed;or,
Cafeteria-type restaurants where food and beverages are generally served in non-disposable containers and
consumed on the premises.All such cafeteria-type establishments shall provide only inside or patio service on
private property.
Catering service shall be allowed asan additional use in the SR zoning district.
In either the case of Sit-down or Cafeteria-type restaurants,public streets,rights-of-way,and sidewalks may not
be used for patio or street-side services of any kind.This use may include takeout service,but exclude any service
toa customer ina motor vehicle.Seating must be provided forall patrons dining onthe premises.
City Manager's Report:"Wrap &Roll Grill"Special Use
The proposed use is located in the "SR"Specialty Retail /Residential zoning district and the
Hometown District.A "restaurant,general"is permitted as indicated under Section 20-7.12 (A)
of the Land Development Code [use listed on page 156];however,the use is noted by an asterisk
which is explained under Section 20-7.12 (C)[found on page 158],indicating that "uses marked
with an asterisk require a special use permit."Thus,such uses must meet the requirements for
special uses contained under Section 20-3.4 and Section 20-5.8 of the Land Development Code.
These requirements are the same throughout the City,and excerpted sections are included below:
SPECIAL USE CONDITIONS
(A)General Requirements [from Section 20-3.4;found on page 39 of the Land Development Code]
(1)All such uses shall comply with all requirements established in the appropriate zoning use district,unless
additional or more restrictive requirements are set forth below orbythe City Commission.
(2)All such uses shall be determined to beofa compatible and complementary nature with any existing or
plannedsurroundinguses.
(3)A public hearing shall be held by the City Commission to determine the overall compatibility of the use
with thesurroundingneighborhood.
(B)Special Requirements [from Section 20-3.4;found on page 40 ofthe Land Development Code]
(4)RESTAURANTS
(b)RESTAURANT,GENERAL
i.Allsuch establishments shall provide onlyinsideor patio service on private property.Public
streets,rights-of-way,sidewalks and required setbacks maynotbeusedfor patio or street-side
services of any kind.
ii.No services of a drive-in or of afastfoodnatureshall be permitted.
iii.TheCityCommissionshallreviewandrecommend approval,disapproval ormodification of all
siteplansandprojectspecificationsforthisSpecialUsePermit.
ANALYSIS:
Staffbelievesthatthe requested special usecomplieswiththeoverall requirements stated under
Section20-5.8 of theLandDevelopmentCode[foundonpage 111],regarding the required
conditions for special use approval bytheCity Commission.Specifically,staff findsthattheuse
meetstheconditionalrequirementssetforthinSection20-3.4andthattheuse:
a)Willnotadverselyaffectthehealthorsafety of persons residingorworkinginthevicinity of the
proposed use[Section20-5.8(B)(1)(a)];
b)Willnotbe detrimental tothepublic welfare or property or improvements inthe neighborhood
[Section 20-5.8 (B)(1)(b)];and,
c)ComplieswithallotherapplicableCodeprovisions[Section20-5.8(B)(1)(c)].
CityManager'sReport:"Wrap&RollGrill"SpecialUse
/A
The Planning Board voted 7:0 to recommend approval of the Special Use Permit,in order to
operate a "Restaurant,General,"to be located in the "SR"Specialty Retail/Residential zoning
district and located in the Hometown District Overlay,pursuant to Section 20-3.4(B)(4)(b)and
Section 20-7.12 (A)of the City's adopted Land Development Code.
RECOMMENDATION:Approval.
Attachments:
ResolutionforPublicHearingandadoption
Planning Board Staff Report by Brian T.Soltz
LetterofIntentfromApplicant's Representative
Letter of Authorization fromthe Property Owner
Reduction of the Proposed InteriorSitePlan
Advertisement for Publication and Mailing
Mailing AreaMap(500-foot mailing radius)
April 29,1997 Excerpted Planning Board Minutes
City Manager's Report:"Wrap&Roll Grill"Special Use /:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:BillMackey,AICP Date:April 25,1997
Director ofPlanning&Zoning
From:Brian T.Soltz^^^Re:Special Use Permit
Planner -^^^7310 Red Road
ITEM:PB-97-012
Applicant:WrappandRollGrill
Request:A Special Use Permit for a "Restaurant,General"inthe "SR"(Specialty
Retail)zoning district,asspecifiedin§20-3.4(B)(4)(b)of theLand
Development Code.
Location:7310 Red Road
South Miami,Florida 33143
BACKGROUND
Theapplicantisrequestingaspecialusepermitinordertooperatea restaurant at7380
RedRoad.Theprevioususeatthislocationwas Finicky's Little Diner which had
approvalforaseatingcapacity of 40 patrons.Theproposedrestaurantwillcontaintables
and chairs to accommodate approximately 18 customers.The applicant is also proposing
toapply for 10 outdoor seats underthenewly adopted outdoor seating ordinance.The
proposed floor plan is presented as part of this application.The restaurant willbe open
for breakfast,lunch and dinner.
ANALYSIS
The proposed restaurant is located intheHometown District whichpromotesa pedestrian
orientedenvironment.Wrapp&RollGrillwillpromotetheseimportant characteristics.
Theprevioususeatthe location wasa restaurant andtheproposeduseisa restaurant;
therefore,staffbelievesthat there willbeno negative impactonthe property northe
surrounding area.In addition,staff believesthatthe requested special use:
1)Willnotadverselyaffectthehealthorsafety of persons residing or
working inthe vicinity of the proposed use;
2)Willnotbe detrimental tothepublicwelfareorpropertyorimprovements
inthe neighborhood;and
3)Complies with allotherapplicableCodeprovisions.
/*
COMPREHENSIVE PLAN
ThisrequestedSpecialUsePermitdoesnotconflictwiththeadoptedComprehensive
Plan of the City of South Miami.
APPLICABLE REGULATIONS
Land Development Code
•Section 20-5.8 (Special Use Permit)
•Section 20-7.12 (Hometown District Permitted Uses)
RECOMMENDATION
Staff recommends APPROVAL of thespecialusepermit.
ASMO !\Planning\P fanning Board\Repons\Wrapp &RollStaff Report
A
letter ofintent:
Dear Commission &Staff:
G R •L l isrespectively requesting achange of restaurant use known as Finicky's
LittleDinersituatedat 7310 S.W.57th.Avenue,SouthMiami,Fl.toourproposed
"eatertainment"concept.
"Wrapp9N'Roll"isdefinedasainnovativesit-down restaurant conceptcombiningeclectic
gourmet international ingredients with "eatability"andemphasizingahealthychoicefor patrons.
Ourproductwrapsavariety of multi-cultural foodsfrom around theworldinaunique profile
whichiseasilyeaten,tasty,andnutritious.
Featureddrinksinclude smoothies,freshjuices,sodas,coffee beveragesand bottled water.Wine
andbeerwillalsobe offered,though notpromoted.
Ourproductisnot intended tobe marketed asahealthfood,though its low content of fatand
sodium,make itahealthychoice.
Ourmenuconsists of avariety of fresh international ingredientsthatinclude Teriyaki Chicken,
ThaiChicken,Teriyaki Steak,ThaiSteak,PestoShrimp,Peking Duck,Salmonand
MangoSnapper.Theseingredientsaremadetoorderandwillbe complimented withaselection
of Spanish rice,spinach,blackbeans,jasminerice,freshbroccoli,cucumber,gingerslaw,roasted
veggies,avocado,mushrooms and asparagus.These gourmet food items are wrapped upina
largeflavored spinach,whole wheat,red chili,flouror tomato tortilla.Condiments include
balsamic salsa,alfalfasprouts,redpepper,boursincheese,scallion,blackolive,tomato relish,
caramelizedonion,hoisinandavariety of sauces.A99%fatfree section is named aftertheHit
Song leanon me andisintendedtoappealtoindividuals who careaboutphysicalappearanceand
health.Therewillalsobea children's menuforparentswantingtocoaxtheirkidsintohealthy
food that is fun to eat.
Ourbreakfastmenuwillincludeeggandother special wrappselections.
Our Smoothie line ranges from:StrawberryFields;strawberries,freshorangeandbanana,apple
juiceandstrawberrysherbetto Brown Eyed Girl;milkbasedfavorite with coffee,ghirardelli
chocolate,protein powder andnutriboost.
Hours of operationwillbeginat7:00amforbreakfastandwill extend intoearly evening
tocapturethe expected movie goersfromthenew "Shopsat Sunset Place".
Our concept employsaculturebasedonCommunity Involvement,ConcernfortheEnvironment
andahealthyfood product inarockandroll themed atmosphere.
n
Ourdesignistypical of aCafeteria-type restaurant whereyoucanselectanddesignyourown
wrappor you canorderfrom our creations.
Afteryourorderis placed,youwillreceiveaticketandtheorderwillbedeliveredtoyourtable
when itis ready.The product will be served in non-disposable basketsandwith real silverwear.
Our design calls for twenty indoor seats and under thenew cafe ordinance,wewould apply for
ten outdoor seats.
Visually and verbally ourthemewillbe carried outbythe installation often totwelvetelevision
sets.This concept isin sync will the demand for individualistic alternatives that stray from the
traditional consumption habits.Our breakfast customers can read the paper and enjoy the news
whileourlunchand dinner patrons canenjoy continuous tastefulmusicvideosfromthe Beatles to
current artists.
Ourmissionistoprovidecustomerswill healthy,fresh fooditemsthatare flavorful,diversified
and are fun to eat.
Your supportandapproval of our application wouldbehighlyappreciated.
Sincerely,
*m
GR I L l .
March 18,1997
ADP,Inc.,Landlord
7380 Red Road
Suite 202
South Miami,Fl.33143
STEVE
c
REAL ESTATE
7380 Red Road
So.Mlaml.Rorlda33143 ,
(305)666-7864 FAX 666-7888
Slovo Hmmh RmI Estate CT;
&&!,?.
*"
';'.-8t«w Hassan Co.of FL <y&1•;Oe(phlnCon>i.Co..toe.ffti"-;I7
|B|rata
.\
13£
This letter will serve as notification to the City of South Miami that at this time,[
Bruce Arthur isinthe process of negotiating to purchase Finicky's Little Diner.
\
Yours Truly,
Andrew J.Hessen
Vice President
ADP,inc.
AJH/kt
&*
/*
D
70
0
D
0
m
a
-n
r
0
0
D
r
z
X
'"X
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
PlanningandZoningDivision
6130SunsetDrive;SouthMiami,Florida 33143
Phone:(305)663-6327;Fax#:(305)666-4591
On Tuesday,April 29,1997,at 7:30 P.M.the City of South Miami Planning Board will conduct
a Public Hearing in the Commission Chambers at the above address on the following:
ITEM:PB-97-012
Applicant:Wrapp andRoll Grill
Request:A Special Use Permit for a "Restaurant,General"in the "SR"(Specialty Retail)
zoning district,as specified in §20-3.4(B)(4)(b)ofthe Land Development Code.
Location:7310 Red Road
South Miami,Florida 33143
All interested parties are urged to attend.Objections or expressions ofapproval may be made in person at the hearing or filed
in writing prior to or at the hearing.The Planning Board reserves the right to recommend to the City Commission whatever
the board considers inthebest interest for the area involved.Interested parties requesting information are asked to contact
the BZCD Department by calling 663-6347 orwriting 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).Referto hearing number whenmaking any inquiry.
n
1
-it
§
•tt
J
mm
^ITnrWTTTTTTIil ki.I l.tkl if I |W
MAILING AREA
APPLICANT:
WRAPP &ROLL GRILL
•t
NORTH
OWNER:
ADP,Inc.
ADDRESS:
7380 RED ROAD
HEARING NUMBER:
PB-97-012
REQUEST:
SPECIAL USE PERMIT
DATE:
APRIL 29,1997
CITY OF SOUTH MIAMI PLANNING BOARD
/%
EXCERPTED MINUTES
Planning Board
Tuesday,April 29,1997
CityCommissioners'Chambers
7:30 P.M.
I.Call to order and the Pledge of Allegiance to the Flag of the United States of America
A.Mr.Subrata Basu,Chairperson,calledthemeetingtoorderat7:40p.m.
II.Roll Call
A.Boardmemberspresent constituting a quorum:S.Basu (Chairperson);K.Zeller(Vice-
Chairperson);A.Oliveros;G.Illas;A.Dupree;C.Thorner;andJ.Lefley
B.CityStaffpresent:BillMackey,AICP (Planning&ZoningDirector);BrianSoltz(Planner);
GregOravec(PlanningTechnician);andDavidStruder(BoardSecretary).
HI.Public Hearings
B.ITEM:PB-97-012
Applicant:WrappandRollGrill
Request:ASpecialUsePermitfora "Restaurant,General"inthe"SR"(SpecialtyRetail)
zoningdistrict,asspecifiedin§20-3.4(B)(4)(b)of theLandDevelopmentCode.
Location:7310 Red Road
South Miami,Florida 33143
1.Ms.Zeller read the request intotherecord.
2.Staff presented the application totheBoard.
3.Mr.Bruce Arthur signed intospeakasthe representative forthe applicant.
a.Mr.Arthurdetailedtheapplication,characterizingthe establishment asa "1990's diner"
containing an entertainment environment.
4.Public hearing was opened.
a.Mr.David Tucker Sr.,of 6556SW78Terrace,spoke before theBoard.Mr.Tucker asked
thattheCity seriously consider applicationssuchasthese,especiallyinterms of an outdoor
dining concept.
5.Public hearing was closed.
6.Motion:Mr.Oliverosmovedapproval of theapplication,aspresented.Ms.Zellerseconded
the motion.
7.Vote:Approved:7 Opposed:0
ExcerptedPB Mm 4-29-97