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15THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, AICP, Planning Director Agenda Item No.: I S" DATE: February 7,2017 SUBJECT: A Resolution relating to a Special Use application to permit a General Restaurant use at 5958 S. Dixie Highway. BACKGROUND: Located in the Specialty Retail "SR", Hometown District Overlay "HD-OV," the applicant is proposing to open a new general restaurant use in one of the six (6) tenant spaces located at 5958 S. Dixie Highway, which is currently under construction. 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: AH Somi, LLC, the applicant, is requesting approval to operate a general restaurant in a tenant space located at 5958 S. Dixie Highway. 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 subject property is near similar restaurant uses to the north (Einstein Bagels) and to the east (Deli Lane, MyCeviche) . • The subject building was originally reviewed and approved via the Application for Development Permit (ADP) Process. Pursuant to Section 20-7.3(D) of the LDC, A complete ADP shall be reviewed by the Director. If the ADP is determined to be in conformance with the Hometown District Standards, the application shall be processed for approval pursuant to the applicable provisions of the Special Use Approval -5958 S Dixie February 7,2017 Page 2 of 5 Code and the development permit issued by the director without further review by the planning board, ERPB or the city commission . • As indicated on the attached site plan, the 2,900 square foot space will be divided into the following patron/non-patron areas: o Non-Patron Area: 1,145 S.F. o Patron Area: 1,755 S.F. As shown on Sheet A~1 of the Site/Floor Plan submitted with the application, the applicant is proposing to develop the tenant space in order to accommodate a general restaurant once construction on the building has finished. This includes the installation of a new kitchen with food prep area and patron seating areas. 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 patran use • One parking space per 300 SF devoted to nan-patron use According to the information provided, the minimum number of parking spaces required for the proposed general restaurant is as follows: Patron Use Parking Space Requirement 1,755 ~ 1 Parking Space . 1 x 100 ~ = 17.55 Parking Spaces ~ 18 Parking Spaces Non-Patron Use Parking Space Requirement 1,145 ~ 1 Parking Space 1 x 300 ~ = 3.81 Parking Spaces ~ 4 Parking Spaces Based on the calculations listed above, the proposed general restaurant will be required to provide a minimum of twenty-two (22) parking spaces. When the ADP for this bUilding was initially approved, a total of forty-three (43) parking spaces were provided. However, after the building permit was issued, the project was reviewed by the Florida Department of Transportation (FDOT), who required that the project lose four (4) parking spaces, reducing the number provided to thirty-nine (39). This loss in parking spaces was for the future renovations of S. Dixie Highway, a state maintained road. At this time, there Special Use Approval -5958 S Dixie February 7,2017 Page 3 of 5 are no other prospective tenants for the building, leaving all thirty-nine {39} parking spaces available to the proposed restaurant. Once the parking required for the restaurant has been deducted, seventeen {17} parking spaces will be left for the remaining future tenants. Once the remaining parking spaces have been utilized, any future tenants will be required to either pay into the Hometown District Improvement Trust Fund at $l,OOOjparking 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. 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 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} of the 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. Special Use Approval -5958 S Dixie February 7,2017 Page 4 of 5 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. 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. 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; 2. The approved special use shall lapse after six {6} months if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the City Commission has not specified a longer approval period for good cause. 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, of the Land Development Code. 4. Any and all exterior renovations or modifications for the new establishment is subject to approval by the ERPB to the extend provided by the Land Development Code. 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. PLANNING BOARD ACTION: After the public hearing held at the Planning Board's January 10, 2017 meeting, the Board recommended approval ofthe application with staff's terms and conditions {6-0}. AlTACHMENTS: • Draft Resolution • Application Package • Draft Excerpt of Planning Board Meeting Minutes 1 RESOLUTION NO. ------------------------ 2 3 A Resolution approving a special use approval to permit a general restaurant 4 at 5958 S. Dixie Highway. 5 6 WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), 7 the applicant, AH Somi, LLC submitted Application No. PB-17-001 to the Planning Board 8 requesting a Special Use Approval to operate a general restaurant at 5958 S., Dixie Highway, 9 within the Special Retail "SR", Hometown District Overlay "HD-OV" zoning district; and 10 11 WHEREAS, the applicant proposes to lease the existing vacant space that will front the 12 courtyard of the subject building; and 13 14 WHEREAS, restaurants are permitted as a special use within the Special Retail "SR", 15 Hometown District Overlay "HD-OV" zoning district and are subject to meeting the general 16 conditions specified in LDC Section 20-5.8 and subject to meeting the special use requirements 17 set forth in LDC Section 20-3.4(B)(4)(b) for a general restaurant; and 18 19 WHEREAS, the applicant's restaurant special use meets the special use requirements set 2 0 forth in LDC Section 20-3. 4(B)( 4 )(b) which are: 21 i. All such establishments shall provide only inside or patio service on private 22 property. Public streets, rights-of-way, sidewalks and required setbacks may not be used 23 for patio or street-side services of any kind. 24 11. No services of a drive-in or of a fast food nature shall be permitted. 25 111. The City Commission shall review and recommend approval, disapproval or 26 ' modification of all site plans and project specifications for this special use permit; and 27 28 WHEREAS, the Planning and Zoning Department has determined that the applicant's 29 restaurant special use meets the parking requirements for the Special Retail "SR", Hometown 3 0 District Overlay "HD-OV" zoning district; and 31 3 2 WHEREAS, the approval of a special use requires a recommendation from the Planning 33 Board and the approval of the City Commission after a public hearing; and 34 35 WHEREAS, at the January 10, 2017 Planning Board meeting, and following a public 36 hearing, the Board reviewed application PB-17 -017 and voted five (5) ayes, zero (0) nays to 37 recommend approval of the request for a special use to operate a restaurant; and 38 39 WHEREAS, the City Commission desires to accept the recommendation of the Planning 40 Board. 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 44 45 Section 1: Special Use Application (PB-17 -001) submitted by applicant AH Somi, LLC 46 to operate a general restaurant at 5958 S. Dixie Highway, within the Special Retail "SR", 4 7 Hometown District Overlay "HD-OV" zoning district is hereby approved. This approval is 48 subject to the following terms and conditions as well as all applicable City ordinances, codes, 49 rules and regulations: 50 51 1. Adhere to the Special Conditions applicable in Section 20-3 .4(B)( 4 )(b) General 52 Restaurant and Section 20-5.8 Special Use Approval of the Land Development Code; 53 54 2. The approved special use shall lapse after six (6) months if no master building permit 55 which implements the special use or certificate of occupancy has been issued for such use 56 and if the City Commission has not specified a longer approval period for good cause. 57 58 3. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2) 59 Outdoor Seating / Dining for all commercial Properties, of the Land Development Code; 60 61 4. If required by the Code, any and all exterior renovations or modifications for the new 62 establishment may be subject to approval by the ERPB, to the extend provided in the 63 Land Development Code. 64 65 5. If the subject general restaurant is, in the future, determined by the Director of Planning, 66 to be adversely affecting the health or safety of persons residing or working in the 67 vicinity of the proposed use, to be detrimental to the public welfare or property or 68 improvements in the neighborhood, or to be not in compliance with other applicable 69 Code provisions, the special use approval may be modified or revoked by the City 70 Commission upon notification and public hearing. 71 72 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 73 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 74 not affect the validity of the remaining portions of this resolution. 75 7 6 Section 3. Effective Date. This resolution shall become effective immediately upon 77 adoption by vote of the City Commission. 78 79 80 81 82 83 84 85 86 87 88 89 PASSED AND ADOPTED this ___ day of, _______ , 2017. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Welsh: 90 91 92 CITY ATTORNEY Commissioner Edmond: Commissioner Harris: Commissioner Liebman: City of South Miami Planmng & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 668-7356 Application/or Public Hearing be/ore Planning Board & City Commission Address of Subject Property: 5958 S. Dixie Highway Meets & Bounds: South Maimi,' FL 33143 Applicant: AH Somi LLC , Representative: Chad S. Friedman Address: 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, FL 33134 Prol'ertyOwFler: TenantAH Somi, LLC Mailing Address: 2640 S. Bayshore Drive, Suite 302 Miami, Florida 33133 Lot(s) __ Block Subdivision _____ _ PB _-_ See Attached Legal Description Phone: . 786-866-9854 Organization: Weiss Serota Helfman Cole & Bierman, P.L. Phone: 305-854-0800 Phone: 786-866-9854 Architect/Engineer: Phone: Giorgio Balli, Balli -Trautman Architects LLC., AR13951 305-669-5160 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner's Representative _Contract to purchase _Option to purchase _Tenant/Lessee LlCATION IS HEREBY MADE FOR THE PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment to LDC _ Zoning Map Amendment _ PUD Approval _ PUD Major Change _Variance XSpecial Use _Special Exception _Other (Waiver of Plat) riefly explain application and cite specific Code sections: See Attached Letter of Intent Subsection:__ Page #: __ Amended Date:~ __ SUBMITTED MATERIALS PLEASE CHECKALL THAT APPLY: 2S.. Letter of intent _ Justifications for change _ Statement of hardship _ Proof of ownership or letter from owner _ Power of attorney _ Contract to purchase ~ Current survey (1 original sealed and signed/1 reduced copy @ 11" x 17") ~ 15 copies of Site Plan and Floor Plans 24 x 36", 1 reduced copy @ 11" x 17" .x Affidavit-Receipts attesting to mail notices sent ~ Mailing labels (3 sets) and map 2S.. Required Fee(s) this completed application and represents that the information and all submitted materials are true and applicant's knowledge and belief. flIIifCU BAUd # Upon receipt, apl'lications 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, ____ _ Date of PB Hearing~ ____ Date of Commission ____ _ Petition Required __ _ Petition Accepted, _____ _ Method of Pa ment Z:\Forms\Current Planning Department Forms\Planning Department Forms\Planning Board\PB -Special Use Application -Revised 4- 30-2013.doc .<j~~~:,tl?;'~ L-.--_ .• _ .•.. _.c •• _"~._.,;'_:"~-I. AT THE CROSSROADS·OF BUSINESS, GOVERNMENT & THE LAW Via Hand Delivery Jane K. Tompkins, AICP Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 December 9,2016 CHAD S. FRIEDMAN, MEMBER CFriedman@wsh-Iaw.com Re: Letter of Intent / AH SoMi, LLC / Property located at 5958 S Dixie Highway, South Miami, Florida/ Application for Special Use Approval for a General Restaurant Dear Ms. Tompkins: On behalf of our client, AH SoMi, 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 .71 acres and was previously occupied by the popular 7,749 square foot New Chinatown restaurant as well as other retail establishments. On April 29, 2015 the City approved an Application for a Development Permit for the Property and it is currently under construction with a beautiful 15,796 square foot mixed use building consisting of retail, restaurant and office uses. The Applicant is the future tenant/lessee of 2,900 square feet within the new building, and we are particularly 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. The restaurant will be named American Harvest and it will consist of 2,900 square feet (1,755 sq. ft. of patron area and 1,145 of service area). American Harvest is a farm-to-table concept with premium quality food served in a relaxing laid back atmosphere, which we believe will enhance the dining options within the City. In order to effectuate this proposal, the Applicant respectfully requests a Special Use Permit approval for a general restaurant in accordance with Sections 20-3.3(D) and 20-3.4(B) of the City Code of Ordinances as shown on the plans prepared by the architecture firm of Balli - 2525 Ponce de Leon Blvd., Suite 700, Coral Gables, FL 33134 I 305-854-0800 I www.wsh-law.com Ms. Jane K. Tompkins December 9, 2016 Page 2 of2 Trauman Architects, LLC. 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 use is compatible and complementary in nature with the existing surrounding office, retail, and other restaurant uses. We believe that the addition of this restaurant will further the City's goal of creating a healthy town center with a variety of mixed uses. Furthermore, American Harvest will not have services of a drive-in or of a fast food nature. The Applicant may propose outdoor dining/patio service on the Property, but it will not be within the City's right of way. If outdoor dining is desired, a separate outdoor dining application will be filed with the Planning Department in accordance with 20-3.3(E) of the City Code of Ordinances. We submit that the requested approval is consistent with the provisions of the City's Comprehensive Plan and City Code of Ordinances. We also believe that American Harvest will not adversely affect the health or safety of persons residing or working within the vicinity of the restaurant. In addition, we believe that American Harvest will not be detrimental to the public welfare or property or improvements in the neighborhood, but will enhance the neighborhood by providing an excellent new dining option for residents and patrons of the downtown area. Thank you for your consideration of this application. We look forward to your favorable review. Ifwe can provide you with additional information or documents, please do not hesitate to contact me at (305) 854-0800. Very truly yours, ~p~---- Chad S. Friedman eSP/mea cc: Fancesco Balli, AH SoMi, LLC ItJ~~IWEISS SEROTA HELFMAN ,< I~;" COLE & BIERMAN .t;Jii~'''' AT THE C~OSSROAOS OF BUSINESS. GOVEI\NMtNT & THE LAw PROJECT DATA ADDRESS: 5958 SOUTH DIXIE HIGHWAY ZONING DISTRICT: SR WITH HOMETOWN DISTRICT OVERLAY PROJECT AREA: 2,900 SF. TENANT SPACE REQUIRED PARKING AREA PATRON AREA 1755 SF SERVICE AREA 1145 SF PARKING SPACES REQUIRED BY AREA BY AREA PATRON AREA 1755 SF 1100 = 18 SERVICE AREA 1175 SF 1300 = 4 TOTAL PARKING SPACES = 22 SPACES PARKING PROVIDED: PER REDUCTION AGREEMENT 39 1 STREET PARKING: 5 PAKRING PROVIDED ON SITE: 34 SPACES DEDICATED TO EXISTING TENANTS 0 DEFICIT OF PARKING SPACES 0 1 The ADP approved by the City provides for 43 parking spots. However, subsequent to ADP approval by the City, FDOT required that 4 parking spots be removed in order to provide an additional driveway throat. GRST SOMIINVESTORS, LLC clo Greenstreet Partners, L.P. 2601 S. Bayshore Drive, 9th Floor Miami, Florida 33133 Telephone: 305-858-4225 Facsimile: 305-858-2334 Jane Tompkins City Hall 6130 Sunset Drive South Miami, Florida 33143 December 6, 2016 Re: AH South Miami,LLC d/b/a American Harvest 5859 South Dixie Highway South Miami, Florida Special Use Permit Application Ladies and Gentlemen: AH South Miami, LLC, a Florida Limited Liability Company ("Lessee"), has leased a portion of the property located at the above referenced address from GRST SoMi Investors, LLC (the "Landlord"). Landlord hereby gives authorization to Lessee to apply for and obtain a special use permit fOf a restaurant use on the property. STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) Very truly yours, The foregoing instrument was acknowledged before me this tfk day of December, 2016, by Jeffrey A. Safchik, as the President of GRST SOMI INVESTORS, LLC, a Florida limited liability company, on behalf of that limited liability company. He is personally known to me or has proutreecl as-idGatJHeatioo. ' . ------ SEAL: CAVelL E WALKER Commissiooll FF 966669 My CommiSSion Expiru March 0 I. 2020 Notary Printed Name: Wvel/ K \Ala /W December 1, 2016 City of Miami Hearing Boards Division Planning, Building and Zoning Division 444 SW'2nd Avenue, 7th Floor Miami, Florida 33130 Re: Property Owners Adjacent To The Following Legal: FAIRMONT PARK'PB 10.:..15 LOTS 1 THRU 9 LESS El0FT TO CITY & LESS 20FT ALLEY LYG W & ADJ & LESS BEG 10FT S OF NE COR OF LOT 9 S20FT SWLY 16FT Wl0FT NELY 39.26FT TO POB. 514 SW 22 l\VE ": 16375 N.E. 18th Avenue Suite 300 Miami, FL 33162 (305) 757·6884 1500 West Cypress Creek Rd. Suite 409 Ft. Lauderdale, FL 33309 (954) 761·9003 12161 Ken Adams Way Suite 110·SS West Palm Beach, FL 33414 (561) 798·4423 WWW.FREDIFL.COM -.", ,~ This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners adjacent to 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 MER/ms cc: GREENBERG TRAURIG 333 Avenue of the America's, Ste 4400 Miami, Florida 33131-2184 ,g~~~I¥1£~~~"'j1~~~~ , ~H i 1'18Ae} 0650 (111M) 0610 (05901<.) 10 . _ ._.lIII.90... __ 1.17 "", " 0010 I-_'_N",r_'_-J ~ O! .. I I 8001 (OI;Ok 0040 lOS, .. ) 02SQ IltU.:. AFFIDAVIT OF CHAD S. FRIEDMAN STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) BEFORE ME, the undersigned authority, this day personally appeared Chad S. Friedman, who, after being duly sworn, deposes and states that all of the facts herein are true: 1. My name is Chad S. Friedman. I am a resident of Miami-Dade County, Florida. I am over the age of 18. I am free 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 based upon my own personal knowledge and pledges. 2. I am the attorney representing AH Somi, LLC, tenants of the property located at 5958 S. Dixie Highway, South Miami, Florida 33143 (hereinafter the "Property"). 3. The mailing notices advising property owners within 500 feet of the Property of the pending Special Use Permit Application at the City of South Miami relating to the Property are correct and valid. FURTHER AFFIANT SAYETH NOT BY:_~_·~_~_' ~_~ __ ' __ Chad S. Friedman SWORN TO AND SUBSCRIBED before me this 1!i day of December, 2016 by CHAD S. FRIEDMAN, who IS person~lL. known to l}l~ or has produced as identification. --------------------- SEAL ~~y /It\, Notary Public State of Florida . · .. 4 . Lydia L Pimienla ~~I My Commission FF 008217 '~OI f\.Q Expires 06/03/2017 ~4lC: ~ .... \~' Nary Public State of Florida at Large My Commission Expires: &~/e> J /eJOI? My Commission Number: p:-p at f~/? NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 666-4591 On Tuesday,January 10, 2017 at 7:00 P.M., the City of South Miami's Plan:i1ing Board will conduct a public hearing in the City Commission Chambers at the above address on the following item: PB-17-001 Applicant: AH Somi, LLC A Resolution approving a special use approval to permit a general restaurant at 5958 S. Dixie Highway. SW73RDST 5940 7311 5901 SW·74THST 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 information 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. AFFIDAVIT OF CHAD S. FRIEDMAN STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) BEFORE ME, the undersigned authority, this day personally appeared Chad S. Friedman, who, . after being duly sworn, deposes and states that all of the facts herein are true: 1. My name is Chad S. Friedman. I am a resident of Miami-Dade County, Florida. I am over the age of 18. I am free 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 based upon my own personal knowledge and pledges. 2. I am the attorney representing AH Somi, LLC, tenants of the property located at 5958 S. Dixie Highway, South Miami, Florida 33143 (hereinafter the "Property"). 3. On December 14, 2016, in accordance with the City of South Miami requirements, I have mailed or caused to be mailed notices advising property owners within 500 feet of the Property of the pending Special Use Permit Application at the City of South Miami relating to the Property. FURTHER AFFIANT SAYETH NOT ') BY:_~_· ----:--~_~_'__._ Chad S. Friedman . '. ~ SWORN TO AND SUBSCRIBED before me this \5 . day of December, 2016 by CHAD S. FRIEDMAN, who is ~~.onally ~:2wn =!~i§) or has produced as identification. ---------------------- SEAL .-;,:..'iA~:'rU.'", VANESSA VAZQUEZ ~ri/;;.·~~4 MY COMMISSION # FF 159877 w .. ~.:?:, EXPIRES: October I, 2018 ·'l,'t..'rff.,i~~'Sl Bonded Thru NotalY Public UndelWriters My Commission Expires: My Commission Number: , NOTIFICATION LETTER Application/or Special Use Permit Re: AH SoMi, LLC 5958 S. Dixie Highway, South Miami, FL 33143 To Whom It May Concern: You are hereby notified that AH SoMi, LLC has filed an application in the City of South Miami for approval of a special use permit for a general restaurant located at 5958 S. Dixie Highway, South Miami, Florida. The proposed application will be reviewed by the City's Planning Board and the City Commission. The City's Planning and Zoning Department, at 6130 Sunset Drive, South Miami, will have on file all documents, 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 Development Code. Sincerely, ~p~ Chad S. Friedman, Esq. Applicant's Representative 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 VIC~ PRESIDENT, '. Legal Notices of the Miami Daily Business Review f/kla 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· PLANNING AND ZONING DEPARTMENT· JAN. 10, 2017 in the XXXX Court, was published in said newspaper in the issues of 12/30/2016 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 publish'ed 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 period of one year next preceding the first publication of the attached cqpy 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 th .purpose of securing' this advertisement for [l , , CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, January 10, 2017 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, recommenda with the city, including the city manager, city attorney, department heads, city personnel, or the city commission or members oj any city board, concerning a matter that could foreseeably be ity commission or a city board. There are some exceptions and exemptions. The following are be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present information at public meetings, representatives of a neighborhood association of a not-for-profit community based organization for the purpose of influence without special compensation. Individuals who wish to view or listen meeting can be found on the city's I. Call to Order II. Roll Call City Staff Absent: City Attorney: Mr. Thomas Pepe III. Board Elections of the Mr. Greiner (Chairman), Ms. Fischer (Vice- Director) and Mr. Marcus Lightfoot (Senior Because not all of the members were present, the Board held a discussion as to whether the elections should be held or deferred until all of the members are present. Motion: Ms. Fischer moved to defer Board Elections for one (1) meeting in order to give all of the Board members an opportunity to show up and vote. The motion was seconded by Ms. Kahn. 1 Vote: Yes 5, No 0 (None) Ms. Glavey: Yes Dr. Philips: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes IV. Administrative Matters None at this Time V. Public Hearings 1. P8-17-001 Applicant: AH Somi, LLC A Resolution relating to a Special Use ap ··'",a-;:"'··"'ral Restaurant use at 5958 S. Dixie Highway. Applicant: Chad Friedman (Legal Counsel) Dr. Philips read the item into Mr. Lightfoot presented the removed, in (FDOT). <> the development. The applicant Dixie Highway. It will face SW 73 rd Street. identified as employee areas. She then InrOlTIO.n. Both staff and the applicant clarified that tion of the parking requirement only. All parties about ress and egress onto the site. The applicant responded main the same. You will still be able to enter and exit onto South 59 th Court. There were some additional curb cuts that have been . irement was made by the Florida Department of Transportation Ms. Fischer asked if the parking spaces for the restaurant be marked, to which the applicant stated no. At this point there haven't been any discussions on assigned parking for the building. The Chairperson opened the floor to public comments on P8-17-001 . • None at this Time The Chairperson closed the floor to public comments on P8-17-001. 2 Motion: Ms. Glavey moved to approve PB-17-001 with Staff's recommendations. The motion was seconded by Dr. Philips. Vote: Yes 5, No 0 (None) Ms. Glavey: Yes Dr. Philips: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes VI. Public Comments/New Business The Chairperson opened the floor to public comments Public Comments Section No comments from the public. New Business Section VII. A~::he Min~+ ~~, '.' 1. Planrili')li;~pard MinutesipfiPecembe'r 13, 2016: :~:i:;~~~1 to approve the meeting minutes with conditions, Ms, Kahn Vote: Yes 3, No 0 (N'(jhe) Ms. Glavey: Abstain Dr. Philips: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Abstain VIII. Future Meeting Date: 3 A) February 14, 2017 at 7:00 P.M. IX. Adjournment Mr. Greiner adjourned the meeting at 8:25 P.M. 4 28SE I I NEIGHBORS I SUNDAY JANUARY 29 2017 MIAMIHERAlD.COM FROM PAGE 24SE showcase different uses of tech~ nelogy, including Jessie laino, Sri CALENDAR Prabha, Jonathan Rockford and Oliver Sanchez. Jan. 29-Feb 510 a.m. $14 per person; $12 for Sroward County residents, se- waters of the Biscayne Bay. Houses: Diego Rua." January 21 -niors and children over age 1; and Check-in to 5 p.m. and we will March 17. 2017. Diego Rua is a $11 for milltary members and LAUNCH at 530 p.m. painter passionate about the use their immediate families. Young Paddle under the moon and of color. However, in his latest at Art Museum 751 SW 121 Ave, stars by kayak, canoe or paddle series of work. Glass Houses, Rua Davie. board limits his palette to Just two "single or tandem kayak, . colors, taking the viewer to a Hollywood Healing Haiti Free stand up paddle board" desaturated world and grisaille in live music / raffles / food / kids· Tickets Are Now Available For a contemporary direction. All activities Purchase Online exhibitions are free and open to "Hollywood Healing Haiti" www.bgolelariveroutdoor.com the public. Please contact the Concert to Benefit Project Papil- $6 per vehicle. Limit 2-8 campus for gallery hours of Ion people per vehicle. operation. Jan. 29-Feb. 5 12 Orphanage, School and Com- $4 Single-occupant vehicle or p.m.~5 p.m. Free Miami Dade munity Youth Center in Port au motorcycle. College -Homestead Art Space Prince Jan. 291 p.m.-5 p.m. Free $2 Pedestrians. bicyclists, extra 500 College Terr.ce. Homestead. ArtsPark at Young Circle One passengers, passengers in vehicle Young Circle. Hollywood. with holder of Annual Individual HI-Tech/Lo-Tech, An explora-Inbox (Zero) At 228 hours over tion of the ever-changing rela-Enlrance Pass. tionshlp between art and tech-39 days, this performance -the Student ID Required for Col-no logy Created by YAA. this longest of Brian Feldman's career lege Student Discount .. exhibition explores how tech--finds the artist attempting to Event dates nology and art have become get his email inbox to O-from lFeb. 11. 1/12, Feb. 11, 3/11. 4/9. intertWined more than ever (36.400) while dressed as a 5/10.6/11 Jan. 29. Feb. 5 5 p.m. before over the past few dec-wizard. Jan 29-feb.S Free-$lO $30-$100 BG Oleta River Out-ades, and features an array of Art and Culture Center of Holly- door Center 3400 NE 163rd St .. interactive technological artwork wood 1650 Harrison St.. Holly- North Miami Beach. produced by contemporary wood. Glass Houses: Diego Rua "Glass South Florida artists who will JV Basketball Classic Swoosh' Attention Business Owners Mom and Pop Small Business Grant Program For Miami-Dade County District 9 Grant Money Availablel Up to $5,000 Per Business Applications available February 1, 2017 through February 15, 2017 PICK UP APPLICATIONS AT: Commissioner Dennis C. Moss's District Office AHentlon: Dallas Manuel District North OHice 10710 SW 211 Street, Suite 206 Mtaml, FL 33189 Phone: 305-234-4938 Or District South Office 1634 NW 6 Avenue Florida City, FL 33034 Phone 305-245-4420 Online February 1, 2017 at www.ll11iamldade.gov/dlstrlct09 There will be a mandatory workshop explaining the requirements held on, February 16, 2017 at 6:00 pm at; South Dade Regional Library Auditorium 10750 SW 211" St. Miami, FL 33189 Please be on time! Completed applications will be accepted from Feb.17 -Feb. 23 by 4:00 pm. Hand deliver application to District North Office, 10710 SW 211 St., Suite 206 No late applications will be acceptedl For additional information contact: Gloria Rice 305-756-0605 Neighbors And Neighbors Association (NANA) Submit 1 original completed application with requested documents We suggest you keep a copy for your recordsl Boys from around South Florida destroyed much of what will be Therefore some of the artists come together to shoot some seen in this exhibition. draw on memory and experience hoops in the Junior Orange Bowl MDC I Hialeah Campus of their own countries and peoM Classic1 The Basketball classic, 1780 W 49th Street pies, and others on their eOCDun- now in its 28th year, includes Hialeahorida 33012 ters with cultures foreign to their vflrsity, Junior varisty, and Middle 305.237.8700 own, and others still on imag- School Tournaments. Jan. 29-Feb. ·Please contact campus for ination and images cobbled 39 a.m.-6 pm. Miami Springs gallery hours and more informa-together from film and art and Recreation Center 1401 Westward lion. Jan. 29-Feb. S 12 p.m.-S p.m. literature. The project becomes a Dr., Miami Springs. Free and Open to the PubliC great act of communion and Miami Culinary Tours South Miami Dade College Hialeah empathy, a celebration of being Campus Gallery 1780 W. 49th 5t., together." a€" Excerpted from Beach Walking Food & Culture Hialeah. Artist and Novelist Daniel Maid-Tour Jan. 29-Feb. 512 p.m.-BO man's pIece on huffing ton-p.m.,5 p.m.-7:30 p.m. 49-59 Opening Reception, IIChevere" post.com visit www.huffington w South Beach Ocean Dr. and at Sirona Fine Art Chevere's post.com/daniel-maidman! Eighth St.. Miami. intention is to break stereotypes. chevere_bJ2624732.html Visit Miami Culinarv Tours Wynwood We will feature over 50 works by httpS:/Iwww.artsy.nel/show/ Food & Art Walking Tour Jan. 40 national and international sironawfine-art-chevere to view all 29-Feb. 512,)0 p.m.-3 p.m .. 4·30 artists displaying figurative, works for sale. Jan. 29-Feb. 3 7 p.m.-7 p.m. 59-69 Wynwood 2250 narrative, enyironmental. emo-p.m.-9 p.m. Sirona Fine Art 600 2nd Ave. Northwest, Miami tional. street, poetic, and history S,lks Run, Hallandale Beach. depicting works. "Chevere is such Mystic Wisdom: (rlstlan Lazzari a project, identified only as work Party Baal Jiln. 29-Jan. 3111 Photographs Nepal Mystic "inspired by the Romance Lan-a.m.-9 p.m. $50 cmd up! Miami Wisdom: Crist ian Lazzari Pho-guages of Latin America" curated Party Boats 801 Brickell Bay Dr .. tographs Nepal by Didi Menendez herself a Miami. January 11 -April 30 Cuban expatriate. 'fhe project, Opening Reception: January cur. ted by Menendez and collab-Pop Art at Frameworks Pop Art 11, noon orator Sergio Gomez, manifests featuring Mr. Brainwash, Bannksy, Photographer Cristian Lazzari as an issue of Menendez'S Poets! Haring, Indiana, lichtenstein, spent an autumn in Nepal pho-Artists magaZ[[le, and as an Frankenthaler, Dine, Wesselmann, tographing the people and their exhibition at Sirona Fine Art in and more! Jan. 29-Jan. 31 Frame- beautiful country. 'fhe following Florida. Some of the artIsts are Works 3196 Commodore Plaza, spring. a disastrous earthquake from Latin America, others not. SEE CALENDAR, 32SE CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City or South Miami. Florida will conduct Puhlic Hearing(s) at its regular City Conmlission meeting scheduled for Tuesday, Fehruary 7. 2017, beginning at 7:00 p.II1 .. in the City COll1lni"ion Chambers, 6130 Sunset Drive, to. consider lhe following item(s): An Ordinance related to lhe fcc schedule; amending Ordinance 12-16-2:245 to reduce still pholll and lilming fees for Special Events ffllm the schednle. fA Resolution relating to a Special Use application to permit a General't {Rc.l)ttlurant usc at 5958 S. Dixie Highway. t A Resulution relating lO an application for waiver of pIal ror the suhllivi'\:ion of properly located at 5'157 SW SO Street. A Resolution feInting to an ilpplicHlinn for waiver orplat for the subtlivj."iion of property located at 6795 SW 74 Street. ALL imcre,ted parties arc invited to attend and will he heard. For further information. plcase coutact Ihe City Clerk·s Office at: ~()5-66~-634(). Mm-iaM. Menende/., CMC City Clerk P\ll~[lallt (I,) Florida Stalute.\. 2l'io.tll OS. th~' City hGn~hy advises the puhlic (hut if" PCN\!11 (kddes \0 ,lppcal any dcci\ion mack by Ihi" B(fard, Agency or C())nmi~~ioll with fl''ipCCl It) any mailer l'olhidcrcd til iii. mel'ling or hl!aring, he (II' "hl' will need iJ 1\'coreJ (,I' lilt! pro~l'cdillg .. , and Ihut 1(11' such purpose, alrcctcd pl'rson may nCl'd 10 cnsurl' thaI il vcrhatim J'l'COHI (If the prm:ccdlllg<; i1' made which record includc'i Iht.' IcslimollY and cvidt'llCC 1I1)(ln whirh Ihe app~'al i~ 10 Ill.' hased. 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 MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/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-FEB. 7, 2017 in the XXX X Court, was published in said newspaper in the issues of 01/27/2017 Affiant further says that the said Miami Daily Busi~ess 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 period 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 . fo~e-pur ecuring this advertisement for publlcatlol 4\the s' newspaper. Sworn to 27 day (SEAL) MARIA MESA personally known to me con @i?-$@IlJli.l'lHlIMiJB~ffJrlH 1Nl@)jo©t§ ©Ji? ~lUlmlU© rJoa[gAWdBINl@ . NOTICE IS HEREBY' given that the City Commission of the City of South Miami, Florida will cQnduct. Public Hearil)g(s) at its regular City Commission meeting scheduled fO(Tuesday, February 7, 2017,beginning at 7:00 p.m" . . in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance r~lated to the fee schedule; 'amending Ordinance .12-16-2245 to reduce still photo and filming fees for Special Event~ from·the schedule, fA Resolution relating to a s~ecial U~e applicatjon to permit a Genera~ \Restaurant use at 5958 S. Dixie Highway,' 'I A Resolution relating to an application for waiver of plat for th~ subdivision of property located at 5957 SW 80 Street. . A Resolution relating to an application for wail'er of plat for the subdivision of property located at 6795 SW 74' Street. . ALL interested p'arties 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 ttiat if a person decides to appeal any deci~ion made by this Board, Agency or Commission with respect.to any matter considered at its meeting 01" hearing, he or she will need a record of the proceedings, a~d 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. 1/27 . 17 -86/0000192049M