Loading...
Res. No. 135-97-10105RESOLUTION NO.135-97-10105 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR A SPECIAL EXCEPTION TO WAIVE STRICT COMPLIANCE WITH THE PROVISIONS OF THE HOMETOWN DISTRICT OVERLAY ORDINANCE, PURSUANT TO SECTION 20-7.51 OF THE LAND DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE HIGHWAY,SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the applicant,Einstein Bros.Bagels,represented by Mr.Javier Font,R.A.ofBeharFont&Partners,P.A.,did submit an Application fora Special Exception,dated May 8,1997, in order to waive strict compliance with the building placement standards of the Hometown District Overlay Ordinance,pursuant to Section 20-7.51 of the Land Development Code;and, WHEREAS,the property islocatedat5946 South Dixie Highway South Miami,Florida,33143,and is legally described as follows: Lots 11,12,13,14,15,16,17 and 18,and 5 feet of the alley lying southeasterly and adjacent toLots 11, 12,13,14 and 15,less various dedications for roads along S.W.73 Street and South Dixie Highway (US1/SR5), "DORN'S BROTHERS SUBDIVISION,"according to the plat thereof as recorded in Plat Book 3 at Page 199of the Public Records of Dade County,Florida;and, WHEREAS,thepropertyownerhassubmittedaletterofintent authorizingthefutureuseproposedbythe applicant;and, WHEREAS,Planning Division staffhas recommended deferral of the Application fora Special Exception,which recommendation is based upon (a)review for compliance with Section 20-7.51 (A)(3)in theLandDevelopmentCodeand (b)reviewforcompliancewiththe adopted Comprehensive Plan;and, WHEREAS,staffbelievesthatthe Application doesnot comply withthe provisions of Section 20-7.51 (A)(3),but does comply with the provisions ofthe City's adopted Comprehensive Plan;and, EinsteinBros.SpecialException:PublicHearingJuly 22,1997 WHEREAS,on June 5,1997,the Planning Board voted 6:0 to recommend approval of the Application for a Special Exception, based on the conditions that the applicant work with City staff (1)to improve the pedestrian experience along South Dixie Highway,which may include additional landscaping;and (2)to reconsider the building's elevation along South Dixie Highway in order to humanize its scale as envisioned by the Hometown Plan, which may call for removal of the canopy;and, WHEREAS,the Mayor and City Commission are authorized under Ordinance No.19-94-1569 to grant a special exception upon a demonstration by the applicant of satisfaction of the criteria found in Section 20-7.51 of the Land Development Code;and, WHEREAS,the Mayor and the City Commission are authorized to prescribe reasonable conditions,restrictions and limitations it deems necessary or desirable in order to preserve and promote the intent of the Hometown District Overlay Ordinance;and, WHEREAS,on July 22,1997,the Mayor and City Commission, after complying with all pertinent notice requirements ofthe Florida Statutes and the City of South Miami Land Development Code and Code of Ordinances,conducted a quasi-judicial public hearing onthe Application foraSpecialException;and, WHEREAS,all procedural requirements of the laws of the State of Florida and the Land Development Code of the City of South Miami have been met;and, WHEREAS,the Mayor and City Commission afterweighing all thecompetentevidencepresentedatthehearinghas determined that (1)the Application for Special Exception should be granted and (2)approvaloftheApplicationsubjecttotheconditionsand requirements specified hereinwillfurthertheinterestsofthe health,safety and welfare ofthecitizens and residents of,and businesses in,the City of South Miami. NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Development Identification (a)The name of the project is:"Einstein Bros.Bagels Shop." Einstein Bros.Special Exception:Public Hearing July 22,1997 2 (b)The legal description of the subject property is contained in the second Whereas clause and may also be identified by the tax folio number 09-4036-024-0090. (c)The name of the applicant is: Einstein Bros.Bagels,represented by: Javier Font,Registered Architect Behar -Font &Partners,P.A. 999 Ponce de Leon Boulevard,Suite 750 Coral Gables,Florida 33134 (d)The Application isto permit the renovation ofthe existing, vacant gasoline servicestation into an Einstein Bros.Bagel Shop (restaurant)tobe located at5946 South Dixie Highway. Section 2.Findings of Fact,Conclusions of Law and Order, (a)FINDINGS OF FACT. (1)The recitals of the Whereas clauses,the statements in Section 1,and the Letter of Intent by the Applicant [Exhibit 1] are incorporated intoandmadeapartofthese findings offact; (2)The staff report prepared forthe Planning Board,dated May 29,1997,whichprovidesadescriptionandanalysisofthe applicant's three requests,including theApplicationfor Special Exception,ismadeapartof these findings offact [Exhibit 2]; (3)The property islocatedwithinthe boundaries ofthe Hometown District and the requirements ofthe Hometown District Overlay Ordinance apply; (4)Theproposed development isnotinstrictcompliance withtherequirementsoftheHometownDistrictregulations; (5)Based on the Application for Special Exception and the representations ofthe applicant,the applicant hassatisfiedits burden of demonstrating,pursuant to Section 20-7.51(A),that: i.The proposed development contributes to,promotes and encourages the improvement ofthe Hometown District and catalyzes other development as envisioned inthe Hometown District regulations. Einstein Bros.SpecialException:Public Hearing July22,1997 ii.The proposed development is compatible with the land uses and development intensities prescribed by all applicable City regulations. iii.The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the City. iv.The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian),parking,lighting,noise and waste generated by the development,and management of the impacts of the development on public facilities and services. v.The proposed development doesnot expand the permitted uses within the Hometown District. vi.The proposed development willnot have an unfavorable effect on the economy ofthe City of South Miami. vii.The proposed development,when considered cumulatively with other development,both present and future,within the Hometown District,will not create excessive overcrowding-or concentration of people or population. (6)Further review and approval of detailed development plansand specifications is required priorto issuance ofany development permitstoassure compliance withthecriteriafor approval containedinparagraph5ofthis section; (7)Thedevelopmentwillintegrate with the surrounding area,promotepedestriantrafficalong U.S.1and S.W.73 Street, facilitate pedestrian trafficbetweenthedevelopmentandthe South Miami Metro-Rail Station,encourage pedestrian traffic between the development andbusinessesinthearea,provide for sufficientparking,provideintegrationandconvenientspatial relationships between theuse and otheruses,provide adequate internal circulation and connectivity,provide adequate open spaceand landscaping,and provide continuous maintenanceof privatecommonareasand facilities; (8)The development is consistent with the current land use designation fortheproperty specified intheCityofSouthMiami Comprehensive PlanandtheusespermittedwithintheHometown District Overlay Ordinance,created by Ordinance No.19-93-1545; EinsteinBros.Special Exception:PublicHearingJuly 22,1997 4 (9)The development is consistent with applicable provisions of the City of South Miami Land Development Code which provides for authorization of modifications by the City Commission;and, (10)The development is consistent with the City of South Miami Comprehensive Plan and its Land development Code. (b)CONCLUSIONS OF LAW. The applicant has met its burden to demonstrate that itis entitled to relief from strict compliance with the requirements of the Hometown District regulations.The burden is met,in part,bythe representations ofthe applicant atthe public hearings before the Planning Board and the City Commission,and bythe conditions inthe order which require further review and approval of detailed development plans and specifications to assure compliance with the criteria for approval contained in paragraph 5of this section. (c)ORDER. The Application fora Special Exception is granted subject tothe conditions contained in the following Development Approval. Section 3.Development Approval The modified development plan identified in Exhibit 3is approved subject tothe following conditions. (a)SPECIFIC CONDITIONS. (1)The applicant shallworkwithCitystaffto improve the pedestrianexperiencealongSouthDixie Highway,whichmay include additional landscaping; (2)The applicant shall reconsider the building's elevation along South Dixie Highway,inorderto humanize itsscaleas envisioned bythe Hometown Plan,which may callfor removal of the canopy;and, (3)This resolution shall be recorded in the Public Records of Dade County,Florida,andthe developer shall bear recording costs for all documents that are required to be recorded. Einstein Bros.Special Exception:Public Hearing July 22,1997 (b)GENERAL CONDITIONS (1)The developer shall comply with all conditions,all sections and sub-sections of this resolution,and all other requirements referenced herein and shall construct all of those improvements as directed by this resolution; (2)The developer shall comply with all applicable City, County and Federal codes,including South Florida Building Code and the City's landscaping provisions in Section 20-4.5; (3)All applications for development approvals and permits, including all site plans and all exterior construction,must be reviewed by the ERPB,pursuant to Section 20-5.11 of the adopted Land Development Code; (4)The City Manager may require further review by the Planning Board ortheERPBwhentheCity Manager believes that theplansand specifications submittedwithan application fora development permit donot comply with this development approval; (5)The City Manager may require further approval by the CityCommissionwhentheCityManagerdeterminesthattheplans and specifications submittedwithan application fordevelopment approvaldonotmeettheintentofthis resolution,or,whena violation or failure of a condition of development occurs; (6)TheCity Manager shallhavefinalapprovaland authority overall matters regarding the determination ofthe applicant's compliancewiththeintentofthese sections;and, (7)This development order shall terminate upon completion of construction,as evidenced by a final Certificate of Occupancy issuedbythe City,orassetforthinSection20-7.51(D). (C)DEVELOPMENT ORDER. This resolution constitutes a local development order granting an Application for Special Exception.It includes the application, the exhibits annexed and made a part of this resolution,and the record ofthe July 22,1997,Hearing before the City Commission. (1)This development order approves a general site plan and the proposed uses,magnitudeandintensityofdevelopment,asare identified in the application; EinsteinBros.Special Exception:PublicHearingJuly 22,1997 6 (2)This development order is subject to the conditions and limitations contained in this resolution; (3)This development order requires further development approvals.Additional reviewof applications for building permits shall be as required by this resolution and Section 20-7.52;and, (4)This development order shall apply to the applicant,its successors,or assigns,and it shall be binding upon the real property described inthe second Whereas clause herein. Section 4.Conflicts In the event of any conflict between this resolution and prior resolutions,this resolution shall govern. Section 5.Severability If any section,clause,sentence,or phrase ofthis resolution is for any reason held tobe invalid or unconstitutional by a court of competent jurisdiction,then said holding shall not affect the validity ofthe remaining portions ofthis resolution. Section 6.Effective Date This resolution shall take effect immediately upon its adoption, as evidenced by at least four affirmative votes of the members of the City Commission,pursuant to Section 20-7.52(D). PASSED AND ADOPTED this 22nd day of July,1997. ATTEST: CITY CLERK COMMISSION VOTE:5-0 READ AND APPROVED AS TO FORM:Mayor Price:Yea Vice Mayor Robaina:Yea Commissioner Oliveros:Yea /<^=,<<><-J Jfc-X~Commissioner Young:Yea CITY ATTORNEY COmmiSSiOner Bethel:Ye.a\reports\5946Dix.e-3Res.doc Einstein Bros.Special Exception:Public Hearing July 22,1997 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:MayorandCity Commission Date:July 18,1997 <!^*^^^Agenda Item #ft From:L.Dennis Whitt j/Cr^Re:Comm.Mtg.07/22/97 City Manager EinsteinBros.SpecialException REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA, RELATING TOA REQUEST FORASPECIALEXCEPTIONTO WAIVE STRICT COMPLIANCE WITH THE PROVISIONS OFTHE HOMETOWN DISTRICTOVERLAY ORDINANCE,PURSUANTTO SECTION 20-7.51 OFTHE LAND DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT 5946 SOUTH DIXIE HIGHWAY, SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR ALEGAL DESCRIPTION;AND,PROVIDING FORAN EFFECTIVE DATE. BACKGROUND &ANALYSIS: The applicant,Einstein Bros.Bagels,is requesting a Special Exception.A Special Exception is required forthis project duetothe addition of coolers and the existing placement of structures on this property.The Hometown District Overlay Ordinance requires that structures be placed on the property lineandthat 100%building frontage be observed along the U.S.1side and thatat least30%-70%buildingfrontagebe observed onthe73Streetside.Sincethe proposal utilizes the existing gasoline service station structures,the proposal cannot meet these regulations. OnJune5,1997,thePlanningBoardvoted6:0to recommend approval ofthe request,basedon the conditions thatthe applicant workwithCitystaff(1)to improve the pedestrian experience along South Dixie Highway,which may include additional landscaping;and (2)to reconsider the building's elevation along South Dixie Highway in order to humanize its scale as envisioned by the Hometown Plan,which may callfor removal of the canopy. RECOMMENDATION:Approval. Attachments: ProposedResolutionforAdoption Exhibit 1:Letter of Intent by Applicant Exhibit 2:Staff Report,dated May 29,1997 Exhibit 3:Reduced Copies of Revised Plans Please,referto prior itemforsupportingdocuments City Manager's Report:EinsteinBros.SpecialException EXHIBIT 1:LETTER OF INTENT BY APPLICANT fi BEHAR •FONT & PARTNERS.P.A. May8.1997 architecture •planning •interiors City of South Miami 6130 Sunset Drive South Miami,FL33149 RE:Einstein Bros.Bagels 5948 South Dixie Highway SouthMiami,FL 33149 Please accept this letter as a formal request for a special exemption to allow the renovation of an existing vacant gas station into an Einstein Bros.Bagels Shop.We are certain that after reviewing this proposal it in will become apparent that this development will invigorate the economic and social vitality of South Miami's "Main Street Business Center." In brief,it is the intent of this application to enhance South Miami's community identity and sense of place though the development ofa "Neighborhood Bagel Shop"with a true home style feel.We hope to promote pedestrian traffic from local medical and office developments and re-develop an important corner of South Miami's infrastructure.The implementation ofan outdoor seating area,along with the conversion of current concrete paving into landscaping will create a more visually inviting and safer place. The following is a response to the items outlined in section 20-7.51 for special exemption. The item numbers corresponds to the requirements set forth by the ordinance section. Section: 207.51 Al This proposal will promote and encourage the improvement of the Hometown District by revitalizing oneofthe most important intersections in South Miami.This comer,which has been vacant for sometime,las not only become an eyesore but has crippled the attempt to promote pedestrian traffic toa recently rejuvenated block.The development of this property will create a pedestrian draw from nearby areas,increasing foot traffic and promoting the Hometown District ordinance throughout theentire area. Section: 207.51 A2 This development is not only compatible with the land use plan but will also provide a much needed service for the area. Certification No.AAP002451 '«')Ponce dc Leon BKd •Suiic 750 •CoralGables.FL 33134 Tel:(3(15)446-6220 •Fax.(3d?)529-0140 (1 Section: 207.51 A3 The existing building will be renovated using the architectural standards set forth by the Hometown District Ordinance to assure an architectural cohesion with the adjacent developments and the overall image ofthe chy. Section: 207.51 A4 After meeting with the department of transportation,we have designed a she plan which complies with their requirements and allows for the effective management of both vehicular andpedestrian traffic. Section: 207.51 AS The proposed use is within the permitted uses ofthe Hometown District. Section: 207.51 A6 Past experience has shown that the development ofan Einstein Bros.Bagels has not only la-ought a favorable economic effect to the community but has,in some cases,become an anchor for economic development inthe nearby areas. Section: 207.51 A7 Einstein Bros.Bagels has chosen this site after careful consideration.History has shown that some of the best Einstein's are located in "Hometown Districts"with high pedestrian traffic.Einstein's business plan isto capture and promote the pedestrian traffic from nearby medical and office developments,the Metrorail Station and neighborhood shoppers. We are certain thatthecity will beas enthusiastic asweareaboutthe development of this much neglected and important intersection of thecity. Wethankyouforyour interest and anxiously awak your approval. Sincerely, Javier Font,R.A. Font &Partners,P.A. AA0002451 JF/ap 97-061ojtoc n EXHIBIT 2:STAFF REPORT,DATED MAY 29,1997 ft To: CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM Bill Mackey,AICP Director ofPlanning&Zoning Brian T.Soltz. Planner Date:May 29,1997 From:Re:EinsteinBros.Bagels 5946SouthDixieHighway ITEM:PB-97-020 Applicant:GulfstreamBagels,L.P.D/B/A Einstein Bros.Bagels,Inc. Request #1: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. Request #2:Special Parking Permit to reduce the number of off-street parking spaces byuptofifty (50)percent,pursuant to Section 20-4.4 (H)for property located within 1,500feet of the MetroRail transit station and located inthe "SR"Specialty Retailzoningdistrict. Request #3:A Special Exception to waive compliance withthe building placement provisions of the Hometown District Overlay Ordinance,pursuant to Section 20-7.51 of theLand Development Code. Location:5946SouthDixieHighway South Miami,Florida 33143 BACKGROUND This application includesthree requests.The first request isaSpecialUse Permit which is required for all restaurants inthe Hometown District.Whenreviewinga Special Use Permittheboard must considerandevaluatetheproposedusetoassurethattherewillnot beany adverse effectsonthe neighborhood.The second request is for a Special Use ParkingPermitwhichallows properties within1500feet of theMetroRailstation to request a reduction of required off-street parking byupto50 percent.When evaluating a Special Parking Permitthe board must consider the nature andtype of useandits potential user relationship to rapid transit facilities.Thethird request isa Special Exceptiontowaivecompliancewiththebuildingplacementprovisions of theHometown DistrictOverlayOrdinance.When reviewingaSpecial Exception theboard must find substantial competentevidencethatthe application complieswithSection 20-7.51(A)(1)- (7)shown as attachment 1. d ANALYSIS The analysis section of this report will be split into three parts,one for each request. 1.Special Use Permit The proposed restaurant is located in the Hometown District which promotes a pedestrian oriented environment.Einstein Bros.Bagels will promote these important characteristics.As stated inthe applicants letter of intenttheusewill cater towards the nearby offices and the pedestrian traffic in the district.In addition,staff believes thattherequestedspecialuse: A)Will not adversely affect the health or safety of persons residing or working in the vicinity of theproposeduse; B)Will notbe detrimental to the public welfare or property or improvements in the neighborhood;and C)Complies withall other applicable Code provisions. 2.Special ParkingPermit The proposed use is a restaurant which has a parking requirement of1 space per every 100 square feet of gross floor area.Since the proposed use is 1,850 square feet the required number of off-street parking spaces is 19.The applicant's proposal provides 12 of the 19 required parking spaces including the one required handicap space; therefore,the request is for a 36.9%reduction or7 spaces.Staff believes that itis difficult to comply withthe required restaurant off-street parking provisions because of theodd configuration of thelot and thesize ofthe proposed use. 3.Special Exception A special exceptionis required forthis proposal duetotheaddition of thecoolersand theexisting placement of the structures onthis property.TheHometown District Overlay Ordinance requires that structure be placed onthe property line and that 100%building frontage be observed onthe US1 side and 30%-70%building frontage be observed onthe 73 Street side [Attachment 2].Since the proposal utilizes the existing gasoline servicestation structures,the proposal cannotmeetthese regulations.Whenreviewingtheproject staff wasunabletofind substantial competent evidence that the proposal meets Section 20-7.51(1)-(7).In particular Section20-7.51(3)[Attachment 1]. COMPREHENSIVE PLAN The request does notconflictwiththe adopted Comprehensive Plan of theCity of South Miami. APPLICABLE REGULATIONS Land Development Code •Section 20-5.8(SpecialUsePermit) Section 20-7.12 (Hometown DistrictPermittedUses) Section20-4.4(H)(Special Parking Permit) Section20-7.51 (SpecialException)n •Section 20-7.7 (Hometown District Building Placement) RECOMMENDATION Request #1 Staff recommends APPROVAL ofthe Special Use Permit with the conditionthattheapplicantbelimitedto40seatsmaximum. Request #2 Staff recommends APPROVAL of the requested Special Parking Permit for a 36.9%reduction. Request #3 Staff recommends DEFERRAL ofthe requested Special Exception with the condition thatthe applicant returnwitha revised siteplanthat meets thebuildingplacementandfrontagerequirements. ...VSMOlVPIuningVPIanning Board\Repom\Einstdn Bros Bagels Staff Report n ATTACHMENT 1 20-7.51 Special exception. (A)The city commission may,by special exception,waive strict compliance with the provisions of the Hometown District Overlay Ordinance [this artidel.In granting a special exception,the city commission must find by substantial competent evidence that: (1)The proposed development contributes to,promotes and encourages the improvement ofthe Hometown District and catalyzes other development as envisioned inthe Home town District regulations. (2)The proposed development is compatible withtheland uses and development inten sitiesprescribedbyallapplicablecity regulations. (3)The proposed development must possess integrityof design compatible withthede sign criteria established forthe Hometown District and withtheoverallimageofthe city. (4)The proposed development shall be designed inamannerthat provides for effective managementof traffic (vehicular andpedestrian),parking,lighting,noise andwaste generated by the development,and management ofthe impacts ofthe development on public facilities and services. (5)The proposed development does notexpandthe permitted useswithinthe Hometown District. (6)The proposed development will not have an unfavorable effect onthe economy ofthe City of South Miami. (7)The proposed development,when considered cumulatively with other development, bothpresentandfuture,withinthe Hometown District,willnotcreate excessive overcrowding orconcentrationofpeopleor population. ^ ATTACHMENT 2 SOUTH MIAMI LAND DEVELOPMENT CODE 61 1'TJ 14 8 LU cc Ci 1 1-oc CT 4 X <• •v"VI fl{nil ^2 >. UI -n 32 olmjj en »*• o CO > o < OS o a.£ •J c- <<| cfi m MJ o J 2\3iLZZW2Z r.UZ THE!?.PLAC2I4ZII" .»*.rjUJ. ji '.VMM M-iwm*"wn^iw ggf I J •AWMM 4^1*.M***-»-**- USBKL.B rtiitj. gag -WOe >T«tET- liirm.«t 144 \h amuosPiiiiiiini"Pw>-fc* '•aiwifiM im4i>imm fMw*w>itwpii™<. -«Oe STWBET- Li&»itwt,umm iUxm tid mumnut mmmt 20fiO»••*»• IbMbmUim*III ***•i>uU be lociud m *In*•*»«•to*corm *•*itull be ntmrf 0 feci ff on um nroManr It™*- If omIv m i HMH I M ti Iocnm M •t«R *>*.M wuii be knwl M tt*re*raw M tf» lot cb#m mimwi *mi AuauMMt hmmUhp *«»•»»*•*aiowff Utrn or mi fmpmr linn fiiwumrf IwMwwMllifl arcvTT n«•*•nnm iim. ;,nmiwi-:Aimmom m 'Kit niNn* All l-««r-m engine ew>tuMi«i mm WUibq •r-.wuii*hu*l«*»itw»coo*#ull be cumiranM wmnm me txMkiAbM am ik-wciuM*by ih.t ccuc Owumnmmwji mxU mm Oc tiMttifMtoJ *II*nw itntc u ire ptinurf urucM««. 152 /? EXHIBIT 3:REDUCED COPIES OF REVISED PLANS ri 4/ FMSTriN RROS RAGTIS US1 &73RD STRUT MIAMI.TLORDA F<)l*PMFNT RAN _)c 1 1 i IS ill!1 iis! !5| 8S -It 1 IliSl -2 i i i NVld iUS vuaou ivvvivv ninos avmudbi jxia iiinos e*t>s suovy suaa nuisnu CL 1J::vat:on FRONTELEVATION somvr•t-cr SIDEELEVATION sowvr.»-<r »NKW»| 1ikm»*.I l«ouI IWUWOW) 8 5fl L±i MIAMI DAILY BUSINESS RFVIpu/ LegalHolidays Miami,Dade County,Florida. STATE OF FLORIDA COUNTY OF DADE: Soo^e8 WH..arnsUnwho T^LT"^""^^<"*>*»«" Review l/k/a Miami Review 1Lnl,°M"ml Dally Bu8lne«« CITYOF SOUTH MIAMI PUBLIC HEARING 7/22/97 RESOLUTION PERMIT FOR A "RESTAURANT GENERAL" ETC.' In the XXXXXXX "M$"I6!',"sai^'?^paper In'the Issues or Court, R.v,.w,a,nV neXaoer 'ouL "h T M"m'Dal,V B"""e««County,Florid.7nd that h.,"M'am'ln 8ald Da<*been contlnuou."y pubUshed in ,.MWSP!per has h-ratotore•«ch day(excepVLturdaV sunrf-8^2?"CO,Jmy•Florida- 3asS5ssaSS3S5S«: of 11 day of (SEAL) Sookl.William. S"Tulyd 8ub8Crlb«d before me thj. A.D.19. pV p,OFFICIAL NOTARYSEAL p.fojj.llykno'w^toeWERYL H MARMER 5-•vp-2.<;f'o "%*'•*"^MY COMMISSION EXPIRES oc r-v<- COMMISSION MUMSER CC545384 APR.12,2000 ••>.Vi'---i-r^pP^Br'"'SMa;irttssj»=«tsjrB .sal iiJ^rnr of south Miami !7SSSS!| ^NOTICE OF PUBLIC HEARING 13:j£ s^^'S SSIPT 9iven ,hm ,he City Commission oTthe'SS of" '."...-.••.?-'••-"'"•'•"••-•••i'.-..i. ARESOLUTION OF THE MAYOR AND CITY COMMISSION "" £L55f?UEST F0R-A SPECIAL USE PERMIT FOR A'**'''a"RESTAURANT,GENERAL",PURSUANT TO ffiCTOWsw^0*^B^,C°DFDTHE LANO DEVELOPMENT JoD?ffiSuS <*™INQ THE PROPERTY LOCATED AT 5946 SO rr5 rrrvic'HIGHWAY,SOUTH M.AM.,FLORIDA 33143?PTOVlSSf s ETOCTPvlrJATfSCR'PTION:ANDl PROV"D«NQ FOR S AcfS°L^l0N 0FTHE MAY0R AND CITY COMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA RELATING TO ACQUEST FOR ASPECIAL PARKINGTpERMIT ALLOW u2A£&EDUCTION OF REQUIRED PARKING FORMETRORAILCONSIDERATION,PURUSANT TO SECTION 204.4(H)OF THE LAND DEVELOPMENT CODE REGARDINGTHEPROPERTYLOCATEDAT5946SOUTH^Sw HIGHWAY,SOUTH MIAMI,FLORIDA 33143MPROVIDWQ ^fRec™edat|SCR,P^ON;and•pSS"«fob'S. re ™°^J!?".0F THE MAY0R AND CITY COMMISSION A REQUEsV ?F|°rD^MI'FLOR,DA'"ELATING TOqtd.T0-UE™.™0R A SpECIAL EXCEPTION TO WAIVE tn*E™LIANCE WITH THE PROVISIONS OF THEHOMETOWNDISTRICTOVERLAYORDINANCEpirSUANTTOSECTION20-7.51 OF THE LAND DEVEmS*MENT CODE,REGARDING THE PROpIrtY LOCATED AT15946SOUTHDIXIEHIGHWAY,SOUTH MIAMI FLORIdI33143;PROVIDING FOR A LEGAL DESCRIPTIONSPROVIDINGFORANEFFECTIVEDATE°'' ^SSSS^^^^^**•p'^t* ALL interested parties are invited to attend and~wHf be Marti!~~ ..'•Ronetta Taylor,CMC City Clerk Cityof South Miami duSTJS?-I°F'0rida S'a,UteS 286-0105.'he City hereby advises thepublicthat,f a person decides to appeal any decision made bv thisBoard,Agency or Commission with respect to SnySJSfflS ino and Ihft Z^"t9"""°X ^Wi"n66d a ™»«of he proceedngs,and that for such purpose,affected person may need to ensure dudes t»Tmt-reCOrd °',h8 Proce^ings is made Ihich eco^ineludesthetestimonyandevidenceuponwhichtheappealistoZ 7/11 ."'•-'- 97-3-071152M -i •1 f