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10THE CITY OF PLEASANT LI V ING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members ofthe City Commission VIA: Jane K. Tompkins, AICP, Planning Director From: Steven Alexander, City Manager DATE: March 7, 2017 SUBJECT: Agenda Item No.: ~ A Resolution relating to a Special Use application to permit a General Restaurant use at 4000 SW 57 Avenue. BACKGROUND: Located in the General Retail "GR" zoning district, the applicant, Matthews-Jacobs Investments, LLC, is proposing to expand Delicias de Espana, an existing general restaurant use in the multi- tenant building at 4000 SW 57 Avenue. The restaurant use was originally approved via Resolution #68-01-11216 on May 15, 2001. With the proposed expansion, the restaurant will take over the spaces formerly occupied by Allen Drugs and the S&S Diner. Pursuant to the regulations listed in the Permitted Uses, Section 20-3.3(D) of the Land Development Code (LDC), a special use permit is required for the operation of a general restaurant. Tenant Space of Proposed General Restaurant Use Expansion REQUEST: Matthews-Jacobs Investments, LLC, the applicant, is requesting approval to expand an existing general restaurant use into another tenant space at 4000 SW 57 Avenue. Special Use -General Restaurant 4000 SW 5th Avenue March 7, 2017 Page 2 0/5 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 building was constructed in 1946 and predates the off-street parking requirements of the LDC. As such, the property is considered legal, non-conforming in this respect. However, expansions of uses are required to provide off-street parking spaces. • Delicias de Espana was previously approved as a general restaurant use on May 15, 2001 via Resolution #68-01-11216. • The proposed expansion will occupy the area where both Allen Drug Store and S&S Diner were located. • The existing one-story building is near similar restaurant uses to the north (Blue Sky Food by the Pound, and Subway), residential properties to the south and to the east, and CVS Pharmacy to the west. • The attached Floor Plan indicates that the area of expansion has a ground floor square footage of approximately 3,607 square feet and a second floor square footage of approximately 358 square feet. • There is no on-site parking for this property. Parking spaces are provided in the right-of-way along SW 41 st Street and SW 5ih Avenue. As shown on the attached Building Plan, sheet A1.11, the applicant is proposing to renovate the now vacant tenant space where both Allen Drugs and S&S Diner were previously located. Over time, Delicias de Espana has evolved into a myriad of retail uses that include a restaurant, bakery, clothing store, and small grocery store. As shown on the plans, the applicant will convert part of the existing storage to a new bakery area and the existing diner and sales floor to the restaurant's dining area. At this time, there are no plans to use the second floor mezzanine space. PARKING SPACE ANALYSIS When the initial Special Use was granted in 2001, Staff performed a parking analysis and determined that a restaurant of that size would require twenty-one (21) spaces. After giving credit for the previous use, a deli, Staff calculated that the property was still short seven (7) spaces for the restaurant use. The property owner and City then negotiated a parking agreement whereby parking spaces were created along SW 41 st Street, and the owner made a monetary contribution towards those improvements. The contribution was equivalent to nine spaces, the seven spaces needed for the restaurant and two additional spaces for future usage. (Please see the City's memo dated May 15, 2001 and the Off-Street Parking Agreement attached as part of the application package). Special Use -General Restaurant 4000 SW 5th Avenue March 7, 2017 Page 3 0/5 Previous Development Chart >~:<.~;>B~>~~Ife:~ . . ··P~n:kir1g:,Spaces >. Delicias de Espana Restaurant 2,034 21 Delicias de Espana Retail Store 6,227.75 21 S&S Diner Restaurant 2,210 23 Allen Drugs Retail 1,755 6 Twice Consignment* Consignment Store 1,547 6 Doctor's Office* Doctor's Office 1,370 7 Total Amount of Required Parking Spaces: 84 Proposed Development Chart Delicias de Espana Restaurant 6,686.30 67 Delicias de Espana Retail Store 5,267.14 18 Delicias de Espana Deli 273.31 2 Twice Consignment* Consignment Store 1,547 6 Doctor's Office* Doctor's Office 1,370 7 Total Amount of Required Parking Spaces: 100 *Note: The Twice Consignment Store and the Doctor's Office are not changing and are not affected by this application. The plans to expand the restaurant thus result in an increase in parking demand of sixteen (16) spaces. After applying the parking agreement's credit of two spaces, the property is thus short fourteen (14) spaces. This shortfall should be addressed prior to the issuance of a Business Tax Receipt. The options available to the property owner include: (1) gaining approval of a variance for a reduction in parking; and (2) execution of a Parking Agreement which includes an annual payment into the City's Parking Fund pursuant to LDC Section 20-4.4(A)(3). 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; Special Use -General Restaurant 4000 SW 5th Avenue March 7, 2017 Page 4 0/5 Comment: Although there are other commercial uses to the north and west, this site is adjacent to single-family homes. Further, those other commercial properties provide on-site parking so their patrons aren't likely to park in the neighboring residential 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) 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. STAFF RECOMMENDATION: While the proximity to residential uses and lack of on-site parking are concerns, Staff recognizes the long history of this commercial building and the presence of other, intense commercial uses to the north and west. Consequently, Staff recommends the Commission approve the Special Use Permit application. This approval should be 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. Resolution of the shortage of fourteen parking spaces prior to the issuance of the Business Tax Receipt; 3. 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. Special Use -General Restaurant 4000 SW sih Avenue March 7, 2017 Page 5 0/5 4. A separate application for outdoor dining will be required as per Section 20-3.3{E)(2}, of the Land Development Code; 5. If required by the Code, any and all exterior renovations or modifications for the new establishment are subject to approval by the ERPB. 6. The restaurant shall not operate nor shall deliveries be received between the hours of 10:00 p.m. and 7:00 a.m. 7. 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 February 14, 2017 meeting, the Board recommended approval 5-1 with Staff's terms and conditions except that condition number six {6} should be revised from 7:00 a.m. to 6:00 a.m. ArrAcHMENTS: • Draft resolution • Application, dated October 4, 2016 • Letter of Intent & Applicant Mailout Letter, dated January 26,2017 • Resolution #68-01-11216 w/backup staff report package • Mailing Label Affidavit w/Location Map, dated July 19, 2016 • City Notice of Public Hearing • Notice of Applicant Mailout Affidavit, dated February 7, 2017 • Legal Ad • Boundary Survey • Delicias de Espana Plans, prepared by Angel C. Saqui, FAIA • Draft excerpt of Planning Board meeting minutes 1 RESOLUTION NO. ------------------------ 2 3 A Resolution relating to a Special Use application to permit a General 4 Restaurant use at 4000 SW 57 th Avenue. 5 6 WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), 7 the applicant, Matthews-Jacobs Investments, LLC, submitted Application No. PB-17-002 to the 8 Planning Board requesting a Special Use Approval to operate a general restaurant at 4000 SW 9 5ih Avenue, within the General Retail "GR" zoning district; and 10 11 WHEREAS, the applicant operates an existing restaurant in the building and proposes to 12 expand the operations into the tenant space formerly occupied by Allen Drugs and S&S Diner; 13 and 14 15 WHEREAS, restaurants are permitted as a special use within the General Retail "GR" 16 zoning district and are subject to meeting the general conditions specified in LDC Section 20-5.8 17 and subject to meeting the special use requirements set forth in LDC Section 20-3.4(B)(4)(b) for 18 a general restaurant; and 19 20 WHEREAS, the applicant's restaurant special use meets the special use requirements set 21 forth in LDC Section 20-3.4(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 29 WHEREAS, the Planning and Zoning Department has determined that the applicant's 30 restaurant special use does not meet the parking requirements for the General Retail "GR" zoning 31 district and the shortfall must be addressed; and 32 33 WHEREAS, the approval of a special use requires a recommendation from the Planning 34 Board and the approval of the City Commission after a public hearing; and 35 36 WHEREAS, at the February 14, 2017 Planning Board meeting, and following a public 37 hearing, the Board reviewed application PB-17-002 and voted five (5) ayes, one (1) nay to 38 recommend approval of the request for a special use to operate a restaurant with conditions; and 39 40 WHEREAS, the City Commission desires to accept the recommendation of the Planning 41 Board. . 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 44 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 45 46 Section 1: Special Use Application (PB-17-002) submitted by applicant Matthews- 47 Jacobs Investments, LLC to operate a general restaurant at 4000 SW 5ih Avenue, within the 48 General Retail "GR", zoning district is hereby approved. This approval is subject to the 4 9 following terms and conditions as well as all applicable City ordinances, codes, rules and 50 regulations: 51 52 1. Adhere to the Special Conditions applicable in Section 20-3.4(B)(4)(b) General 53 Restaurant and Section 20-5.8 Special Use Approval of the Land Development Code; 54 , 55 2. Resolution of the shortage of fourteen (14) parking spaces prior to the issuance of the 56 Business Tax Receipt; 57 58 3. The approved special use shall lapse after six (6) months if no master building permit 59 which implements the special use or certificate of occupancy has been issued. for such use 60 and if the City Commission has not specified a longer approval period for good cause. 61 62 4. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2) 63 Outdoor Seating / Dining for all commercial Properties, of the Land Development Code; 64 65 5. If required by the Code, any and all exterior renovations or modifications for the new 66 establishment may be subject to approval by the ERPB, to the extent provided in the 67 Land Development Code; 68 69 6. The restaurant shall not operate nor shall deliveries be received between the hours of 70 10:00 p.m. and 6:00 a.m. 71 72 7. If the subject general restaurant is, in the future, determined by the Director of Planning, 73 to be adversely affecting the health or safety of persons residing or working in the 74 vicinity of the proposed use, to be detrimental to the public welfare or property or 75 improvements in the neighborhood, or to be not in compliance with other applicable 7 6 Code provisions, the special use approval may be modified or revoked by the City 77 Commission upon notification and public hearing. 78 79 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 80 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 81 not affect the validity of the remaining portions of this resolution. 82 83 Section 3. Effective Date. This resolution shall become effective immediately upon 84 adoption by vote of the 'City Commission. 85 86 87 88 89 90 PASSED AND ADOPTED this ___ day of, _______ , 2017. ATTEST: APPROVED: 91 CITY CLERK MAYOR 92 93 94 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 95 LANGUAGE, LEGALITY AND Mayor Stoddard: 96 EXECUTION THEREOF Vice Mayor Welsh: 97 Commissioner Edmond: 98 Commissioner Harris: 99 CITY ATTORNEY Commissioner Liebman: SUNDAY FEBRUARY 16 2017 MIAMIHERALD.COM NEIGHBORS I 19SE NORTH MIAMI Time for residents to weigh in on Chinatown district BY LANCE DIXON IdixQHr....iPmiamihrl'ahl.com More than a vear after the plans for a Chinatown in North Miami were ap- proved, the city is hosting a community forum on the planned district. The area, planned for a stretch of Northwest Sev- enth Avenue from 119th to 135th streets, has gained more support since it was first announced, but some residents are still asking the same questions about the district a year later: Why Chinatown and why North Miami? "We have so many other things that we need to prioritize. Our water me- ters need to be updated, we have crackiilg sidewalks," said Judy Brown, president of the Smlldst Grove home- owners association. Residents will have a chance to ask those ques- tions, discuss the maste~ plan for the district and learn about the citv's next steps at 5:30 p.m. Wednes- day at the Joe Celestin Center, 1525 NW 135th SI. City leaders believe that the new designation will encourage development along Seventh Avenue, an area that has seen new fast food restaurants in recent years but is primarily lined with strip malls, churches and small businesses. North Miami plans to in- corporate Chinese design and facade elements. "If yon pnt a facade with a dragon's head across 119th Street and jnst say it's Chinatown, that's not a Chinatown," Brown said. Councilman Alix Des- ulme spearheaded the idea and traveled with a delegation of city leaders to China last May to partic- ipate in the graduation ceremony for Florida In- ternational University's hospitality school campus in Tianjin, China, and to also meet with urban planners and other government officials in Tianjin, Beijing and Shang- hai. "I have lived here almost all my life. I have not seen any development on Sev- NOlth Shore Animal League America's TOUR FOR LIFE' PETSMART ~lIUft Your Pet, Our Passion: 8241 W. Flagler St., Ste. 101 Flagler Park Plaza Miami, FL For more InfornHltion <lnd tour adoption event ~etails visit animalleague.org #TOURFORLlFE2017 enth Avenue," Desuhne said at a previons council meeting. The plan has evolved to inclnde the citl"S commu- nity redevelopment agency and the Fort Lauderdale consnlting firm Keith and Schnars. In addition to the Chinatown designation, the city is considering more mixed-use devel- opment along Seventh Avenue. City leaders also plan to appoint a steering committee to aid the dis- trict's development. It will include business owners, residents, Chinese consnl- tants and real-estate ex- perts. Demographics were also a cause of confusion when the area was first proposed, given the small number of Asian Americans in Sonth Florida and particularly in North Miami. According to 2014 U.S. Census esti- mates, Asians make up 1.6 percent of Miami-Dade's population and 2.2 percent of North Miami's pop- ulation. In the city, 139 people identified them- selves as having Chinese ancestry. City leaders have coun- tered those nnmbers by pointing to the hundreds of Chinese students that have courses at FlU's campus in Nonh Miami, a number that's bolstered by the partnership with the cam- pus in Tia njin. Still, some residents in the city's District 4 -a ~:~>;~ ".I e '.\"_,/1 '~~~i.Y primarily black and His- panic area where China- town will be located - think the investment is not truly for the area's long- time homeowners. "They're using the (com- munity redevelopment agencYI to really help an- other community," at- tornev Ron Cordon said. "Thai money could be used to put a police sub- station there." The master plan process could take up to six months. The plan, once finali7.ed, would require city council approval be- fore being implemented. Lallce DixolI: 305-376-3708, (a)LDixoll_3 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREllY given thai Ihe City CommiS>lOn 01 the CilY of Soulh Miami, Florida wHJ conduct Public Hcaring(s) at H'i regular City rommis~ion meeting scheduled for Tuesday, March 7, 2017, beginning .t 7:()O p.m., in the City Cummission Chmnhw. 6130 SUBSet Drive, 10 con"ldcr lhc following ilcm(s): A Resolution authorizing the City Manager lO enter into a multi-year agreement with :tvfanagcll1cnt Partners, Inc" for performance hascd ~lUllil services Jor cach City division! dcpanmCtll pur,:-uant to the City Charter, ( A Resolution rell:.lLing to a Spcdal lhe application tl1 permit a General Restaurant lise at) 40[)O SW 57 Avenue. ./ A Resolution relating 10 a Special U~C application to permit 11 General Restaurant use ilt 5X33-Sk.l5 SW n Street. An Or~inancc ;unendjng the Land Development Code, Arlk1e lI, "Dclinitions", Section ~O-23, ·'Dennili(ln"". and ArlJelc ln, "Zoning Regulations", Scclion~ 20-1J(D) "Pcrmillcd Use S!,;hedllic" and 20-3,4(B) °Spc!,;jal Requirements" adding sub'icction (24) relating to Mcdicul Marijuana Centers and providing definitions relating ttl ilnd criteria and regulations tor Medical Marijuana Centers in lhe CifY of South Miami. ' ALL inll'rcstcu partit's are invited to attend and will he he-an.1. For further informalion. pleil,e ContilCI the City Clerk', Ollice at: 305-663-6340. Mmia M. Menendel, CN1C Cit)'C!crk PllnU,-,lll I.' FlnriJ;t Stalu!t'." 2t;li.0105. Illl' CilY hrr~ny ad\'l~r!' Ih.' puhiil: Ih.11 if rl J1{'r~i'lll ul'dd('!' III :IPl1l';11 :Illy lb:i~lnli lllaJ(' hy lhh B",lHI. Agt'IlCY tiT ('(,mmlSSh'll wilh ro;!'~po;!"l !(' ;"ll1y malh!T ;:lln,jd('t(:!d ,II jl.~ m:!t:ling: 1'1" hearing. hl' I'T she willll('('d a J('n'rd nl tht, rr,\n'cdill:~S, :UJd Iha! lur ~udlllHrpo~e. fjl)c~I('d jlcrSl'ln Illil) m't'd hJ en'illH' lhal :1 \'{,lh:Jtim !t'rPrd Dllhe PI,\;:C'cdlll~~S i~ ma(h-which H';:MU indlHk~ th(' It'.~ljllll'lly ;"\T!(1 (,\'iUt'IH,;(, Uf'on whi..:h Ihr ,1Plwaj j~ hI hI' n.1sl'u. MIAMI DAILY BUSINESS REVIEW Published Daily excepl Salurday, 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 -MAR. 7TH, 2017 in the XXXX Court, was published in said newspaper in the issues of 02/24/2017 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 mptter 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 for the se of securing this advertisement for publicatio MARIA MESA personally known to me CW'n' OF SOUTH MBAMO lM@l'HCIE OfF fi1lUISILnC IHlEAIR9NG NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, March 7,2017, beginning at 7:00 p,m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance based audit services for' each City division/department pursuant to the City Charter. ( A Resolution relating' to a Special Use application to permit a General) Restaurant use at 4000 SW 57 Avenue. . . A' Resolution relating to a Special Use application to permit a General Restaural!t use at 5833-5B35 SW 72 Street. An Ordinance amending the Land Development Code, Article 1I,"Definitions", Section 20-2.3, "Definitions", and Article III, "Zoning Regulations", Sections 20-3.3(D) "Permitted Use Schedule" and 20-3.4(B) "Special Requirements" adding SUbsection (24) relating t6 Medical Marijuana Centers and providing definitions 'relating to and criteria and regulations for Medical Marijuana Centers in the City of South Miami. . ALL interested parties are invited to attend and will be heard, For further information, please contact the City Clerk's Offiqe a\:'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. 2/24 . 17 -73/00002008B2M City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 666-4591 Application for Public Hearing Before Planning Board & City Commission Address of Subject Property: 4000 SW 57 Avenue Lot(s} Block Subdivision PB See Survey Meets & Bounds: Applicant: Matthews-Jacobs Investments, LC Phone: 520-444-.5333 Representative: Jerry B. Proctor, Esq. Organization: Bilzin Sum berg Baena Price & Axelrod LLP Address: Phone: 305-350-2361 1450 Brickell Ave., 23rd Floor Miami, F~ 33133 , I Property Owner: Signature: 21Z1ii);t:' ~ Tm. ,,!<-, L., c , Matthews-Jacobs Investments, LC ",:" W-r, ~}f'~,rlr"f Mailing Address: Phone: 520144-,3 f3JCJ/J( ~f1 • .trllY/lfr1i/ ItIV.S OWilt PO Box 27878 Tucson, AZ 85726-7878 Architect/Engineer: Phone: 305-608-8887 Wagner Cabrera As THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TOTHIS PROJECT: _x_ Owner: __ , Owner's Representative _ Contract to purChase __ Option to purchase _, _Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LOC -Variance -L Letter of intent = Zoning Map Amendment _x_ Special Use _x_ Justifications for change _ PUD Approval _ Special Exception _ Statement of hardship _ PUO Major Change -Other _ Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite soecific Code sections: _ Contract to purchase See attached letter of intent -LCurrentsurvey (1 original sealed and signed/1 reduced copy @ 11" x 17") _x_ 15CQpies of Site Plan and Floor Plans reduced copy@ 11" x 17" _ 20% Property owner signatures .-_~ Maiting labels (3 sets) and map Section: __ Subsection: __ Page#: __ Amended Oate:_'_ -L Required Fee(s) Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable registrations. 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 \73190\1112S\1I685550v I January 26, 2017 Hand Delivery Ms. Jane Tompkins, AICP Planning and Zoning Director-City of South Miami 6130 Sunset Drive South ,Miami, FL 33143 CJ Bilzin Sumberg Jerry S>Pfoctor Tel 305-350-~6-1 Fax 305-351-2250 jproctor@bilzin.com · ...... " Re: Zoning Application by Matthews-Jacobs Investments, LC (Amended Letter of Intent) Property: 4000 SW 57 Avenue Folio No.: 09-4024-006-0050 Dear Ms. Tompkins: Our firm represents Matthews-Jacobs Investments, LC ("Applicant"), owner of approximately 0.5 acres of property at 4000 SW 57 Avenue (the "Property"). The Property is located at the southwest corner of Bird Road (SW 40 Street) and Red Road (SW 57 Avenue), at the northern edge of the City limits. The Property. The Property is zoned GR (General Retail) and designated on the City's Future Land Use Map for Commercial Retail and Office development. The development of a retail building on the Property occurred in 1946. The southern portion of the existing building, as depicted on the attached survey, includes a 1,370 sq. ft. dental office. and a 1,547 sq. ft. consignment shop. The remainder of the building on the Property has in recent years contained the restaurant and retail sales area for the "DeHcias de Espana" restaurant, the "Allen's Drugs" pharmacy of approximately 1,755 sq. ft., and the S&S Diner, a restaurant space at the corner of Red Road and Bird Road, of approximately 2,210 sq. ft. Zoning History. Delicias de Espana was approved as a general restaurant located on the Property by City Commission Resolution #68-01-11216, passed and adopted on May 15, 2001 (the "Approved Resolution"). A copy of the Approved Resolution is attached for your reference. Delicias de Espana has operated the restaurant on the Property since the City Commission's approval in 2001. The majority of the usage of the Property by Delicias de Espana is in a retail capacity; the restaurant offers a large retail sales area where food, clothing, kitchen, beauty products, and other products are offered for sale. There is a significant non,; public area with storage and similar uses. Bilzin Sumberg Baena Price & Axelrod LLP 11450 Brickell Avenue, 23rd Floor, Miami, Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com January 26, 2017 Page 2 CJ Bilzin Sumberg On April 12, 2001, the Applicant and the City entered into an Off-Street Parking 'AgreemenJ (the "Parking Agreement"). The Parking Agreement is attached to this submittal. The Parking Agreement recognizes that the Property does not contain off-street parking spaces and required a payment by the Applicant to the City of $25,575 for certain off-street parking improvements to accommodate parking demand. The Parking Agreement runs in perpetuity . with"the Property (see Condition #3). The Parking Agreement addressed a need for payment ,for seven (7) parking spaces; the Parking Agreement also addressed a future need for two (2) aaditional'parking spaces. In addition, the Parking Agreement states that "The City agrees that on-street parking credits shall run with the Property". Development Plans.The area depicted on the survey entitled "Allen's Drugs" which previously contained the diner and pharmacy space described above, is now unoccupied. The Applicant wishes to redevelop this space and modify the "Delicias de Espana" space, working in concert with Delicias de Espaiia,to create an enhanced restaurant and retail space that will continue to serve the community, without ,additional impact on services., Parking Demand. The attached "Parking Analysis" illustrates the uses and corresponding parking requirements in the space prior to the recent discontinuance of use of the pharmacy/diner space. The Parking Analysis also analyzes (on a gross square footage basis) the new configuration of restaurant and retail space. The Application. The Applicant hereby requests special use approval to renovate the existing retail space by relocating the existing restaurant, discontinuing use of the previous diner and pharmacy facility, and adding retail space ancillary to Delicias de Espana restaurant. As depicted on the Parking Analysis, the restaurant floor area will relocate to the northern part of the "Allen's" building. The attached floor plan layout illustrates the new restaurant space that is the subject of this application. The creation of a new focal point for the restaurant at the corner of Bird Road and Red Road will provide an enhanced space and activation of the corner of the Property at the intersection of two arterial roadways. Approval of this special use will enable the Applicant, working in concert with the restaurant, to continue the viable use of an iconic retail building that is well known as a "front door" to the City and to revitalize a compatible use that provides a welcome break from more modern buildings in the vicinity. Thank you for your consideration of this application. JBP cc: Jefrey Matthews Cristina Llerandi MIAMI 5300893.1 77832/45109 Sincerely, ?&1~ RESOLUT19N NO. 68-01-11216 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELA1:ING TO A REQUEST PURSUANT TO SECTION 20- 3.4{B)(4)(b) OF THE ~AND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "DELICIAS de ESPANA" IN THE"GR", GENERAL RETAIL 'ZONING DISTRICT SPECIFICALLY LOCATED AT 4016 AND 4020 SW 57 th AVENUE. ' " , , WHEREAS, Emesto Llerandi on behalf of"Delicias de Espana has submitted an application for a special use to allow a general restaurant to be located in the "GR" General Retail District Zoning District specifically at 4016 and 4020 SW 57 th Avenue; and, " WHEREAS, a general restaurant is allowed as a special use in the "GR" General Retail District Zoning District subject to meeting certain conditions specified in Land Development Code Section 20- 3.4(B)(4)(b);and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public ,hearing; and WHEREAS, the Planning Department staff has recommended approval of the special use request subject to certain conditions; and WHEREAS, on April 24, 2001 the Planning Board, after public hearing, voted (4-3) to recommend denial of the special use request; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation ofthe Planning Department staff, as specified below. NOW, THEREFORE, BE IT RESOLVED .BY THE MAYOR AND CITY COMMISSION OF' THE CITY OF SOUTH MIAMI, FLORIDA: ,', 1) That the establishment be giyen a conditional 'Occupancy License, until the parking agree.ment is paid off in full. The. O~cupational License shall be revocable in the event that the parking agreement is not paid hi full: ,', ' ' l' '. Page 2 of Res. No. 68-01-11216 Section 2: This resolution shall be effective immediately after the adoption" hereof . PASSED AND ADOPTED this 15, day of May, 2001. ATTEST: ¥ ~.~ READ AND APPROVED AS TO FORM: f1t!4 .. , .'. ~ .. , .......... ' '.' . T .: .";." .. '. .~ ".,,: '.' ~~~~~~--~~~~ '::'" . ~. . ..... Commission Vote: JvIayofRobaina: Vice Mayol'Feliu Commissioner Bethel: Commissioner Russell Commissioner 'Wiscombe: 4-0 Yea Yea Yea Yea Not present , ' , Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor and City Commission MEMORANDUM From: C!=les Scurr /1/ /J (/.HJ CIty Manager ~ .)et-V" REQUEST: Date: May 15,2001 Re: Agenda Item /2.. Special Use Approval, Delicias de Espana, 4016 and 4020 SW 57th Ave. A RESOLUTION OF THE MAYOR AND CITY' COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "DELICIAS de ESPANA" IN THE "GR," GENERAL RETAIL DISTRICT SPECIFICALLY LOCATED AT 4016 and . 4020 S.W. 57TH AVENUE. SUMMARY OF REQUEST The applicant is requesting a Special Use Approval to operate a general restaurant, Delicias de Espana, at the above referenced Iocation. The site is at the southwest corner of S.WAO Street (Bird Road) & S.W. 57 Avenue. The proposed casual general restaurant featuring a··full course of Spanish cuisine is located in an existing one-story retail building facing S.W. 5ih Avenue. The existing establishment contains' both a restaurant facility and a retail food and wine store. The restaurant will occupy 2,034 square feet of space within the facility; the remaining 1,200 square feet of the' establishment is the retail store. The restaurant will have 40 seats and will serve beer and wine. Hours of operation are from 7:00 a.m. to 8:00 p.m. Monday through Friday, 7:00 a.m. to 6:00 p.m. on Saturday and from 7:00 a.m. to 3:00 p.m. on Sunday. PREVIOUS APPLICATION The Planning Board at its S.eptember 26, 2000 reviewed a similar application (same applicant and location) requesting Special Use approval for a general restaurant, and a zoning variance to \'" . i '. Special Use w Restaurant 4016 and 4020 S. W. 5th Ave May 15, 2001 Page 2 waive th~ aQEitionaLQff-street parking spaces required for the restaurant. The Planning Board at that time recommended denial of both applications. The City Commission at its October 17, 2000 meeting accepted the recorrunendation of the Planning Board and denied bpth applications. At th~t time the City Commis~ion acknowledg~d the difficulty of the applicant being able to provide, ¢e' additiQnal p~king in this particular commercial area. The City Manager was directed to consider_~reating'Qn-street parking spaces on unimproved public right-ofway located on the north side SW 41 st Street, adjacent to'the commercial building. The parking spaces created would improve the appearance of the immediate neighborhood and could be used to meet the off-street parking space requirements for businesses located in the abutting property, (allowed by provisions in LDC). This directive was contained in Section 1 of City commission Resolution No. 216-00-11109, adopted on October 17,2000, pertaining to the restaurant application. The applicant was allowed to submit an amended application at no additional fee when the parking for the comiriercial area' was resolved. The resolution of the parking issue by the City Administration is explained below in this report in the section entitled "Parking ReqUirements". APPLICABLE REGULATIONS The LDC, Section 20-3.4(B)(4)(b), provides that special use requests be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. In addition, special uses may also be required to comply with the additional requirements, which are set forth in Section 20-3.4(B)(4)(b). In the case of a general restaurant the following supplemental requirements are listed: (i) All such establishments shall provide only inside or patio service on private property. Public streets, rights-of-way, sidewalks and required setbacks may not be used for patio or street-side services of any kind. (ii) No services of a drive-in or of a fast food nature shall be permitted- (iii) The city commission shall review and recommend approval, disapproval or modification of all site plans and projects specifications for this special use permit. The requested special use must comply with the LDC requirements set forth in Section 20- 5.8(B)(1) 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. '. STAFF ANALYSIS The proposed use is located in the "GR" General Retail district. A general restaurant is pennitted with Special Use Approval. The proposed use must meet the requirements for special uses contained under Section 20-3.4(B)(4)(b) General Restaurant and Section 20-5.8 Special Use Approval of the LDC. A general restaurant shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready-to-consume state and where Special Use -Restaurant 40 J 6 and 4020 S. W. 5th Ave May 15. 2001 Page 3 . '. , . ~ . . the design shall provide a sit-down area for th~customers. "Delicia.s de Espana" is an existing bakery and deli serving a variety of Spanish cuisine and occupies 2,034 square feet. The existing seating configuration is proposed to be continued as it currentlx. exists, whereby the _restaur~t portion of the establishment makes up a:pproxh1'! .. at~ly '~ of the total storefront area, and the remaining Yz of the storefront area is devoted.,to retail ,sales of gourmet foods and wines. The applicant is requesting an occupational license for operating a restaurant, which will permit the cooking of food on the premises. No expansion of the restaurant portion of the establishment is contemplated. PARKING REQUIREMENTS The parking requirement of one space required for every 100 square feet for the restaurant portion of the establishment· requires a total of 21 parking spaces. In detennining. required parking, credit is given for the existing 2,034 square feet of deli @ 1 to 150 square feet, resulting in a credit of 14 parking spaces. A total of 7 additional parking spaces are required. The applicant has complied with the provisions of Section 20-4.4(A)(2) of the City's Land Development Regulations in order to meet the parking requirement. Section 20-4.4(A)(2) permits unimproved rights-of-way adjacent to business property in commercial zoning districts to be improved by the abutting property owner for credit as on-street parking spaces-by written application to the City Manager. The property owner has agreed to pay. the City for a commensurate portion of the improvement of the parking area located on the north side of 415\ Street, west of Red Road, adjacent to the subject property. The plan for the upgraded parking area, which will include landscaping, drainage and paving, contemplates 25 spaces and will cost approximately $71,340. The applicant's portion, or 7 spaces, will cost $19,975. The property owner will pay for the 7 spaces, plus.an,extra 2 spaces to enable potential future retail usage in currently underutilized space within the subject building (see attached parking agreement), This application does not conflict with the Corpprehensive Plan. A restaurant is an appropriate use within the GR general retail zoning district. .Jhe subject location, at the northernmost entrance to the City of South Miami, is particularly' suited to lively retail and restaurant uses. The problem with this location has traditionally been a lack of adequate parking. The applicant's agreement to pay for a SIgnificant portion of the improvement of what has been an informal, uncontrolled parking area will add to the stock of proper parking .. spaces.,' and improve the visual appeal of the previously unim,proved area along 41 st Street. It is anticipated that most of the spaces created will be metered parking spaces, and the balance may be used as decal only parking spaces, ensuring that nearby employees do not take spaces away from retail customers. It is also suggestedlhat the subject property owner and restaurant owner meet with the property owner of the adjace,nt sh,opping center, to work out their differences over parking issues, to ensure that all local merchant's custom~rs have adequate parking. The applicant's agreement to meet the parking requirements by paying for improvement of the adjacent parking area is recommended for approval by staff. Special Use -Restaurant 4016 and 4020 S.w. 5th Ave May 15,200] Page 4 PLANNING BOARD RECOMMENDATION , . " The Planning Board at its April 24, 2001 meeting recommended denial of the special use application. The motion to deny was made by Mr. Illas and seconded by Mr. Mann. The motion was adopted by a vote of 4 ayes (Mr. Illas, Mr. Liddy, Ms. Chimelis, and Ms. Gipson) and.. 3 nays (Mr. Morton, Mr. Mann, Mr. Comenderio). --.'-' . .... .... .~ During discussion prior to the vote on the request the Board expressed concern that applicant had been operating the restaurant in violation of the Code, after being denied by the Planning Board and City Commission for their original special use application. Additional concern was raised that required improvements associated with bringing the restaurant up to South Florida Building Code standards (adequate restroom space, handicap access) had not been provided. ADMINISTRATION RECOMMENDATION The Planning Department's original staff recommendation to the Planning Board was for approval of the appliclition. While the Administration shares the Planning Board's concern relative to Code Enforcement issues, it should be noted that the City Commission's directive upon denial of the original application was to work out the parking issue and come back before the Planning Board and Commission for approval. The issue has been pending since that time, subject to working out an appropriate parking arrangement. Therefore, the Administration concurs with the Planning Department staff s recommendation of approval of the request, subject to the execution of the attached parking agreement, with the condition that the' establishment be given a conditional Occupancy License, until the parking agreement is paid off in full. The Occupational License shall be revocable in the event that the parking agreement is not paid in full. Attachments: Draft Resolution Application ILetter of intent Property survey . Site andjloor plans Menu Commisslon Resolution No. 216-00-1 j 109 Proposed Parking Agreement Parking Design Plan, SW 41 s1 SIr. Planning Board Minutes 4-24-01 Letter from adjacent property owner, 12-7-00 Copies oj Public notice CSIR~bSA yJ'7f .~ K:\PB\PB Agendas\200.1 Agendas\4·24·01\4016 & 4020 SW 57 AVE restaurant PB OJ-006.doc . . . .. :,Cityof'S.'~b!th(1\1iami . Planning & ZonIng De·partment City HaII,6130 Sunset Drive, South Miami, Florida 33143 Telephone: (30S) 663-6326; Fax; (305) 656-4591 Application For .Public Hearing BeforeP)f}nning Board & Qify; Gommission .r. ·t It .... " , , 0 ·0 . Address of. Subject Property: Lot(s) Block_ Subdivision " $ O·r ~~~ •. :-. "t.' --,. "" -PB ~ (of> .~ • . -.<!v • ;, ~ --., 40 [<;" os. W. 57" AVE Meets & Bounds: . to " -. ,1; i=.i; '-. , " , .-;-; .,: .... .'-Applicant: Phone: ('c::'~-'~4 g;~~ '. E.RJJ8STO LLf:RAtJ Df 305-." tS ., : ' ~ , ' " Representative: ~Rt.)t':~ To LLe(.t.AiJb I o rganizatiQn: DS1-\ CJAS "L>{; ~'?:~f.jjA " 4CfG S. £4, S7 ct-.. AVE:. ?,o~" C:.G cl-.q ~ 8' S- o Address: Phone: 6c>V'J'1i M JAMf ,t:: L ~~ 155 Property Owner: MAl'lRcWG .... Jf\Co BS 1(JV$.SfI1~~natur!1: ., "" I L.<":". . Mailing Address: p,O"~ e;o'f\ "'J-7 g1 8 " Phone: .f'Zo_ 444 "'!3:Jb TV C. Snu " A 2. :J''1 "L C,. ... 7 gj f<' " ArchitectJEngineer: / Phorie: AS THE APPLICANT, PLEASEINOICATE YOUR RELATIONSHIP TO THIS PROJECT: ~enantJlessee _Owner --.,;Owner's Representative _Contract to purchase _Option to purchase APPLICATION IS HERE'EY MAD.E FOR THE FOLLOWING: SUBMITTED MATERfALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK. ALL THAT APPLY: -Text Amendment to LOC ~nce Letlerof intent _ Zoning Map Amendment " peelal Use _ Justifjcations for ch~nge"" _ PUDApprQva! .',. ~SpedalException Statement·of hardship _ PUD Major Change _Other = Proof ~f ownership or letter from owner :_ Power of attorney Briefly explain application and cite specific Code sections: '-Contract to purchase _ Curre'nt survey (1 ongihal sealed and signedl1 reduced cOpy@ 11" x 1T') _ 15 copies of Site Plan and Floor Plans 1 reduced .~opy @11 "x17" _ 20% Property owner signatures Section: __ . Subsection: --Page#: __ " Amended Date: _ Mailing labels (3 sets) and. map _Required Fee(s) The under-sTeed has read this corripleted application and represents that the information and all submitted materials are true and correct to ~.~ ,of.the applicant's knowledge ,and belief. . ! . . /" . .... ? ( . , " "' "3 \ 42..001 . " . . Applican· Sigl1"atu e and title Date Upo~ receipt, app.1ic~tions at}d ~11 stipmitted m!lterials \yill be T;eviewe~ for compliance with the Laf!:d Deve!opmentCode and other appltcable reguJatlons. App!JcatlOns found not tn compl1ance wlll be rejected and returned to the applJcant. OfFICE USE ONLY; Date Filed" "-----Petition Required __ Method ofPa ment 8/2/00 Date of P8 Hearing _____ Date of Commission ____ _ Petition Accepted._" ____ _ I ~. . ' ". '.', ", ! ',' ' .. ,', ~ .. :.., " ..... ;.' .:,'7-,.,:,',:" : ::". ....... ~. , ,I . ". . --" \ \ I I ! , , " ~ " . :' :' 'S."' .• h' t!I·'''.' Jtl .... ~) II; • '.P .• , .. ..., '/1-,,.. .. -'If ';i .• C:.lu, . .' tAct, .' a:.',...., .... "~ , 1\.-• 'Sloe" . :.a." • C..-..c"". 1)ott' \\"'''i· • •• ,. • a.IIII· ..... '. '. c....c: ,. c:."i .... loa ~f. • 0"-1' .... ... c~'".,;.·:·~a:~~ .. i;:: '1'41 "...,.1.'. 'rtf ""lU, 1,"l"l, 1."'1·'" ,.,., .. :, 7'( ...... Ih,' U.·.S,.4 '. iI.'.' .... ",1.",,1 hlh\l. """t •• , •• 1.1. •• _ ..... " •• ~ ••• 1 . 4"1 ' ........ , ••. . ,.. . ..... ,t\, ... leJ •• C.I .. 'aL_C • 0/1 ..• olea.,,:' 'Jr. ,". ',..-l" . . 11'1· •• ~1I11'" l " ....... Ci~\ ... '" "'._; ' .• vUfr lI"loU •. . .... r,J, • 'Itt .) ....... , . ..t. .... ,,.,..; ,,,,' L •• , , " '''.t.c'' "III • 4/; •.. 1t' C.wJ ~1 ,,,, '" .! 4.". ".:' . . ' , ' ',:;i~,~p,~ f40, __ J_'I_I_rJ_,Ij __ E R, !);'O't.M.lL !. ASSOCIA iES. INC 3152 Coral Vi~'J Miami, ;:lor,d3 33145 Phone:,445'35,11 Fa:c: 444-2034 " ..... ~.:\: ~.: .... ' , TO CER.TlFY 10 the abo'le named firm <!l'Id:c'r personstha', l~~ w60UNOAR'y 5UF{'{EYw 01 the h pesc'iit>ed ')s-:trlJe ·and . correct te the 'best or our lc.no~/!edge ar.d celie" as rece~tly' .'sur .. eled' ,and.' ' 'our, . :also lha \-.t~'.~re, ~re no yisib,le encroachments other than tho~e shown, Th.'e .)<;g~1 'd ,-' r. ..... -.-~,_~.;~~.~ •• -;'... n' IJrTll'<r,,,,n b:/ owner or his represel'ltali'Ye, Other tecorded insirume,nts ma)" aifecl Ihh Pnl!)~~tt~~f~5(,1,t!(1~Y(~~~.bas. t 'abstract of tille, Loca lion of 'utilities on or adj1lcent to' the prOperIY"Wei(re~"~' ~I~~II~~I~~!~ b·.,;,n~r_ This sUrVey,'m'eets l'h{Minimum Technical Slanda:ds set forthb "Slatl~t~s. "" " ;:' .. :,,' ,'.. '" ' .,.~ . ". :: ',1~. F,B N~: "<"¥ il:e 54278 . " ri~~~ .~: ' . : .. '. ' 199! :.,. . ". '.~", '. , .... 1 , . ... ,. , - i.:-. .-! .' i. - . ':.. --... --' :-1 ;-" K 'r .. '0 ... " ~.c:. .:.~:!.: .. '-~ :. Q ... ~. ~. Q' -' ~ ~~ "-... ... .() ~ , 'r,:'.' i-'-- -'------- •••• :. I :::{ -- ',: .' .~~ .. .. ;:; .. ~ •... .-. -: ~. "'-::':" .~~.:':': ~.: . .'. ; ~ .. :'.' , {~/<':.f;<':~;::"1-. . . i . r. r. .~ -------- BOUNDARY SURVEY-N ;} I-J /- .:. 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',<ti ~ ./! :l'>:, ~~~::f.; ~ '0 't • • -11 •• ""-=.>..:.I...VC '-'-:,.;"~:.;.:..; •.. = .. ..:.. '-'-'-"-~t::;:; ... -',. 4' 'C' '. ·8 '.=>. S' .... ~Z-.~~--:-::i I' '..... .::-.;_:ct~ W. ~ _. t'pr~a.J -AL;jA.cc .. ./r':::t-~ ·'Ir:5IP,···-o:··,·., '--'.-'I£" .,', ... .,.oJ .. ". _ . :'.': --:,~':" :::"~'~. . _~~:c;o .!, t3t/N_O/-'.i;:P ":' ' 1." .. c' .•. -- " , "", , .' , ,,' ',', / ... :~)'?',',;;>,.,'.','" '. , , l.csSi:l!l.lh:ll ptlrt of !\J.iJ Lot 14,\\hi~h.lk~ \\it,hin thc:cxtc'ri"ILnr~'a fonned bY'125.00 foot, ,rJdillS arc,'concar'c t01h(' ~\~rth\\·~$t. tL111~~nt to tht:',Sollthlinc ofscijd Ll)t l~"(\nd langell! tothc'\\'!'!st Hne ofihc t':ast"iO,oo fc~t'or;ciid Lot l"~, l31o~k 2. WESTERfiELD ~1A~OR SECllO:-'; O:·a.:'A~D·l\\·o. occo'rdirig to the plat lh~i~6r il~ rc~orj·.:J in Plill Book' 1 S~lt 'p~!gl! ~7 l{the Pllbli<: R('~l)fds of D~lJt.:,C(\unty, Fl0rid~1. TOGETHER \\'In I Tl IE i:Ul.I.U\\T\U PARCEL OF J...\~[l' 8,,·gi.n <H thl! ~orlh\\'c~t t(lft;~r oi l.ot 11. B!ock 2. as shown ll[1 snit..!· Pbl or. WESTERFIELD ~'I;\~O!~ SECTIO\ 0\1.: :\:\ D TWO: thence' S0uther!v alont! t h,,' West line of Lots 11, 12. 13. 1-\, Block 2, as sho',\\'\ \\\1 th; at~Hi.:lti.:i\ti(;nc·d Plit. ' n dbtJl1c,,: of225.35 feet toth~ Southw\!st cprncr of said, Lot 14; Glock 2~ lh-=nc~ \\,1;~tl'r1~ , along the Westerly extension lIt' the ~P.w..P.~\l.I;:c-e.r~id Lot 14. fora Jist:lnce of 15.0 f~Cl to the Southl!ust comer of Lot 15. at' s3id Block 2: thence Nonher\v'alon2 th~ Easterly :line 'of Lo't 15 and 10, Bloc,k ~ns '5t;(IWn oil said Plat' (If \VESTERFIE"'lD ~'l .. \NOR SECTIO:-.i 00!E A:.lD T\\,O. rOi a dist~n';l! of 225.34 r~d to the Northeast cor'ner of !)uiJ 'Lot I 0; th~nceEasterly alonglh~ Enstcrly extension of the North line' of said Loll 0 lor a disl~ncc or15.0 feet to the Poir.t of D~l!innin~. ai1d Jess the North 20 feet thereof. LONING, Z ,'.,....,' ' SACKS UNo;E~ STRc.~ LrN£S. Sfl· ' AND' RIGHT ~;~~U{l~D'£:,SEMENTS ASSToAC-, TO ~AY~, ETC, .. FROIA r;j1 8'=' V'-Rlt:' " OBTAINED BY ~,~r:.. I lED ,L\I'o;D(OR OR BrjILO'-~" B,91'~I.JERI ARCHITECT, , t:.n EFOHE DESl '," ',' CONSTRUCTION,' "Gt1 ,0:1 . , " ", . '~ .' " " . . , , ,'" ........ . 0° " o • " . ':: . ' " ' ',', , , " ~ . '. . . . ' ,. '." . " , , .': " .. , .. ' " .. .. .i!)Ji~m~~~r.:;.:~~~~~~~~~~~~~~~~~~*,~t"';~rJ ~: .. " .' ~~ .. E)ClaL. window 6hawc:.Uc) 10 rCD"'41n ~ U !Elec·1 ""drt ! :!l 8 " ~ £ " ~ ~ a._~ • OoUktS(l. Cold 1-/0""",_ ... __ -, E~I.lIng6~ , O~tl Neo c-,.-;bI..~ .~ E.I·"1!!9..~9_,_ _ _ '" I! ~ ~ ~ _~ i ~ ~ _gJ _ t ! EXlo~~ C4blcSr E.,.lIng Kll<::hoon ~~ ./ ) EXi~ .. tAn9 . N~'.' FLOOR PL,AN .. ' SCALE 1/4"01' cO ." 0 0 0 <l·rD <l .. ~ Q 0 ~ I: tI. 0 0 d: 0 0 0 ZOl'.IN6 I-IOTES: ""OJ><"I!! I. k><:<Ilalocl In 4 "GR" Z""", Inlo tho C;II!! or Sou'" MI .... I SGlJARE FTS. E.lal"'S D<tll e""""g 2<0;)4 ''1n. No .. SIO'" (,.,. .. "Iou. l::>c.sul~ ... Ion) 1720 .qII. ~at.lns c:onvCltelon lO .a Rc!.t4lUf4nL (~"')) 32!M aq.fl. PAl<KING I P4'I<. _ I~!!F • 14 IP<ltI<..~!!F. 4 • Ptlrk. • I00C2'J fIF • 32 Pd'l<. "'<jUI,,,,,,, I .. p4t1<.1ng. N Location ~Sk.etch: : SCALE J" = J€)€)' .11- ~ -t--t-5.ri. SiTt-I AVE. (RED ROAD) <r------- /' 6q' Povament. .-~ ~, ~~ A:!'>phalt [Q)~"" I N~'" SITE PLAN i I ~ ~lj!: CI·;r ~I~ dUI\t! !~d~ !UJ~ !~~~~ :!I~I w ~ . ~ 0: III W ... ;I -a 1 j ~ ./10 1 -II .,.; .~ Q) f! « CI ~ ;; .~ ~ .- ~. iL Z' ~: E <t Q 31 OJ'" t-: <tQ .-<t <I.,' Il!: .... 1: Q.. OC O~ -5 ill ~: ~O~~~ ,}i tid> U o..&~ <t U ze"-\3 <t ~" :n irl ~ ::ill! OJ 0 > ~~:!l~ il wd).r: III 0 O· :; 0 ~ ; elL , ..... eo... cn-IPS-~ , [A-IJ Of I ......... , _a ....... _ .. __ ..... RESOLUTION NO. 216 -00-11109 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF TIIE CITY OF SOUTH MIAMI •.. RELATINO<rO A REQUEST PURSUANT TO SECTION 20-3.4(B)(4) OF THE LAND DEVELOPMENT COOE FOR A SPECIAL USE AFPROV AL TO "LOCATE AN GENERAL RESTAURANT IN THE" GR" GENERAL RETAIL ZONING DISTRICT SPECIFICALLY LOCATED AT 4016 AND 4020 SW 57rbAVE. . "" ~ '~ . \VHEREAS, Ernesto L1~randi, onbehalf of lvIatthews-Jacobs Investments, L.C .. property mvners of 4016 and 4020 SW 37rb 'Ave, submitted an application for a special use to allow a general restaurant to be located in a uGR", General Retail zoning district specifically at 4016 and 4020 SW 57 th Ave' and , . WHEREAS, a general restaurant is allowed as a special use in a General Retail Zoning District subject to meeting certain conditions specified in the Land Development Code Section 20-. 3.4(B)(~);and .., WHEREAS. The approval of a special use requires a recommendation from the Planning . Board and the approval of the City Commission after a public hearing; and WHEREAS, The Planning and Zoning Department staff recommended denial of the proposed special use; and WHEREAS, on September 26, 2000, the Planning Board voted S-O to recommend denial of the special use request: and, WHEREAS, the ~1ayor and City Commission of the City of South iviiami 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: Section 1: Thnt a special use request to locate a general restaurant at 4016 and 4020 SW 57th Ave. is hereby denied without prejudice pending the submission of an amended application at no additional cost to the applicant, and on the resolution of parking for the commercial area. Section 2: This resolution· shall take effect immedjately upon approval. PASSEDA~'D A[)OPTElalis 17 dayof October ,2000. A.d:: ~ ~i7¥i2"'r CITY CLERK READ AND APPROVED AS TO FORJ\1: ~,£.. ~"'I/~ CITY ATTORNEY COMMISSION VOTE: Mayor Robaina: Vi ce Mayor Commissioner Commissioner out Russell: Bethel: 4-rl Yea of town Yea Yea Commissioner Wiscombe: Yea CITY OF SOUTH MIAMI OFF STREET PARKING AGREEMENT r A~ THIS AGREEMENT made and entered into ~hi,S 1;;Z-..~" day of . . , 2001, by and between Matthews-Jacobs Inves-tments, L. ~ Florida Limited Liability CQrnpany, hereinafter referred to as the "Owner" and the City of South Miami, a political subdivision of the Commonwealth of Florida, hereinafter r~fer:q=d t·o as the IICity": . WHEREAS I the Owner owns a certain parcel ;'f ).anc('located in the City at 4000 through 4040A S.W. 57th Avenue, referred to as the "'Property"; and WHEREAS, a restaurant, "Delicias de Espana" is currently being operated within the property at 4016 S. W. 57th Avenue without the.South Mlami Development Code (Code) required seven (7) parking spaces; and WHEREAS; Section 20-4.4 of the Code provides that all structures and uses which are erected, established or enlarged shall provide adequate off-street parking spaces and control mechanisms for onsite vehicular and pedestrian traffic. WHEREAS, Section 20-4.4(A) (2) of the Code provides for the improvement of adj acent rights of way in commercial zoning districts as a means for obtaining a credit for on-street parking spaces; and WHEREAS, the City has determined that a payment· of twenty-five thousand five hundred and seventy-five dollars ($25,575.00) paid to the City for the improvement of the parking are& on 41st Street shall be sufficient to allow Owner to meet the current code requirements of seven (7) off-street parking spaces for Delicias de Espana I s current needs plus a two (2) parking space additional "code-required parking!! credit, yet to be specifically assigned to any, pCl.rt~qulartenant within Owner' s, prop~:r:~Y; ~nd _ ' WHEREAS, the Owner agrees to tender the required according to the following payment schedule: ,-, $5,000 $5,000 $9,975 $5,600 Immediately upon execution of this Agreement; by July 15, 2001; by February 15, 2002; and : by May 1, 2002. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the promises and the covenants and agreements herein contained, the parties hereto agree as follows-: . 1. The City agrees that, upon proper execution of this Agreement by the Owner and receipt of payment in the amount of $25,575.00 {according to the payment schedule above} and IAJ "., .. ~;~\ · ........ fulfillment of all other Code requirements, it will provide Owner with a credit of nine (9) on-.street parking spaces. 2. The credit of nine parking spaces is for purposes of·· zoning required parking only. No representation is made by the City as to the actual disposition of said spaces, i. e. whether these spaces are metered; or can be reserved for-particular . properties -or establishments. . 3. The City agrees that on-street parking credits shall run with the Property. 4. It is mutually understood and agreed that the Owner shall comply with all relevant laws and regulations. 5 . This Agreement shall be binding upon the Owner ··and the Owner' ~_ successors and assigns and upon the City of South Miami and the City',s successors _ and assigns. . . IN WITNESS WHEREOF I the parties hereto have affixed their signatures and seals: OWNER: MATTHEWS -JACOBS INVESTMENTS I L. C • (a Florida Limited Liability Company) CITY OF SOUTH MIAMI City Manager Approved as to form: ( Q.) :::;j ~ (l) ,-l>-. ~ co 11.0.- I-r ~. U) Drawn by: DKG Rev i ewed by:' AB Dole: 3-7-01 ====== ... ~=,-~==,=.-~-~=--------=-=~=~"-=~-,,= -~--".~===-=~ =----~~--- INITIAL DE"S'f/CNOPTION Parki~ng wit!~ _ Landscaping Approxo 25 Spaces (including 1 Handicapped Accessible) , -I I I \--0IIII----.. -----------300 • ---I! ~ .~- / -j , ! .0 1/ ;' Righl-of -way Line-/ ,---, .--<C. I I I , L lYV :::: 60 f ----., 11 " ,r -----]\ THE CITY OF SO-UTlI MiAMI "City of Pleasanl Living" -41 STREET PROJECT 5700 Block of SW 41 Street Soulh Miami, Florida CONCEPTUAL PLAN SHEgf c-( ==== __ := --lL--.'='=_._ .---.11 ----" PARKING ANALYSIS PREVIOUS DEVELOPMENT Sq. Ft. 2,034 Restaurant (Delicias de ll100 Espana 1,200 Retail Store -Ancillary 1/300 5,027.75 to Restaurant 1/300 Other Retail 2,210 Restaurant (S&S) 1/100 1,755 Allen Drugs 1/300 *1,547 Consignment Store 1/300 *1,370 Doctor's Office 1/200 Total-15,143.75 s.f. PROPOSED DEVELOPMENT New Sq. Ft. 6,686.30** Restaurant 1/100 5,267.14 Retail Store 1/300 273.31 Deli 1/150 *1,547 Consignment Store 1/300 *1,370 Doctor's Office 1/200 Total-15,143.75 s.f. * South side of Development. Uses unchanged as part of this application. ** . North side -3,965 s.f. South side -2,721.30 s.f. MIAMI 5164748.9 77832/45109 Parking Required 21 4 17 23 6 5 7 83 Parking Required 67 18 2 5 7 99 ~ Florida Real E;neCiSions, Inc. July 19, 2016 City of South Miami Planning and Zoning Div.ision 6130 Sunset Drive South Miami, Florida 33143 Re: Property Own~rs List Within 500 feet of: WESTERFIELD MANOR SEC 1 & 2 PB 18-47 LOTS 11 THRU 14 INC LESS EI0FT & N20FT FOR R/W BLK 2 & 15FT ALLEY LYG W & ADJ CLOSED PER ORD 33-92-1527 & ORD 31-13-2178 4000 SW 57 AVE "' . 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 12230 Forest Hill Blvd. Suite 110-SS Wellington, 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 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, ~~ f, /Juckur.. Maureen E. Hudson MEH/ms cc: Jerry B. Proctor, Esq. BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1450 Brickell Avenue, Suite 2300 Miami, Florida 33131-3456 .~~'&ir;t{G5~;~\~tAi:fit1¥~'f~~~~(48r~ *Duplicates removed. 20ta ., 2001 1970 2000 " .-I9!16 . 1990 10"."", " " 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, February 14,2017 at 7:00 P.M., the City of South Miami's Planning Board will conduct a public hearing in the City Commission Chambers at the above address on the following item: PB-17-002 Applicant: Matthews-Jacobs Investments, LLC A Resolution relating to a Special Use application to permit a General Restaurant use at 4000 SW 57 Avenue. 5701 SW40TH ST ~ 4001 i ~ ~ u\ ~ ~ -I 11011 :c ~ 4021 & 1$ !!l a m ~ <II SW41STST 1541> 5738 5710 ~IOO ,5766 5742 1~D 5711 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 CF.S. 286.0105). Refer to hearing number when making any inquiry. AFFIDAVIT OF JERRY PROCTOR STA TE OF FLORIDA COUNTY OF MIAMI-DADE Personally appeared before me, the undersigned authority, duly authorized to take acknowledgments and administer oaths, Jerry Proctor, who upon first being duly sworn and cautioned, deposes and states: 1. My name is Jerry Proctor. 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 Matthews-Jacobs Investments, LC, owner of property located at 4000 SW 57 Avenue in the City of South Miami, Florida (hereinafter the "Property"). 3. On February 6, 2017, in accordance with City of South Miami requirements, I mailed or caused to have mailed notices advising property owners within 500 feet of the Property of the pending Special Use application at the City of South Miami relating to the Property. FURTHER AFFIANT SA YETH NAUGHT. ~~ STATE OF FLORIDA) ) SS: MIAMI-DADE COUNTY ) The foregoing instrument was acknowledged before me this +-day o~ I, 2017, by Jerry Proctor. He is personally known to me. Sign Name: Print Name: My Commission Expires: S\~\(,Q Serial No. (none, ifblank): ________ _ ~~ PIJ IBISDIAZ [NOT 1\. t'SWMMMlssIONtFF111262 * oj< EXPIRES: May 24, 2018 II'~ rf>.<:l'< llondiidThru 8u~gel Notary ServiCR !Po",\) MIAMI 5317126.177832/45109 Page 1 of 1 MIAMI DAILY BUSINESS REVIEW Published Daily except Satu'rday,"Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before Ihe undersigned a.uthority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal. Notices of !he . Miami Daily Business Review f/k/a Miami Review, a daily (except 'Saturday, SiJnday and Legal Holidays) newspaper, published at. Miami in Miami-Dade County, Florida;' that the attached copy" of advertisement, being a Le.gal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -PLANNING AND ZONING DEPARTMENT -FEB. 14,2017 in the XXXX Court, was published in sa.id newspaper in the issues of 02103/2017 Affiant further says that the said Miam i Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the 'said newspaper has heretofore .been continuou~ly 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 'Swor ----------_._._---------_. ---------.•. ----.. -- CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, February 14, 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, with the city, including the city manager, city attorney, department heads, city personnel, or m . the city commission or members oj any city board, concerning a matter that could foreseeably be city commission or a city board. There are some exceptions and exemptions. The following are no be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present ...... information at public meetings, representatives of a neighborhood association tatives 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 Action: Mr. Grein II. Roll Call City Staff Absent: City Attorney: Mr. Thomas Pepe III. Board Elections ns of the (Chairman), Ms. Fischer (Vice- .. (Planning Director) and Mr. Marcus Lightfoot (Senior Ms. Glavey joined the meeting at 7:13 p.m. Motion: Ms. Kahn motioned to move the Board Elections to the end of the meeting. Mr. Greiner seconded the motion. 1 Vote: Yes 6, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Dr. Philips: Yes Once all ofthe items were heard, the Board held discussions on who should be elected chair and vice-chair of the Planning Board. After deliberation, the following motions were held. Motion: Dr. Philips moved to elect Subrata Basu as Chair "1-/1'1"11:1::"1.' Board. The motion was seconded by Mr. Greiner. Vote: Yes 6, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Dr. Philips: Yes ":~ '. ,,::::::, ··:-·;:si;~~if/:>:>. Mr. Subrata Basu was elected Chairi11~.n of;tng~Rlanning "_ii,.> ,:/,qi~;~11ith:",. Both Dr. Sally Philips Qg;f.mjly Glavey vii¢r~ nominat¢d';iQI of the Planning Board. ~::~:~~~;~~~~(_~~!¥.,: ~:m''If~hair of Planning Board. The motion ~z~~~~~'~~~~ Mr::'Gireiner: Yes ·?;Yf;l\~i.:. M F>i,tr~ yi(¥j:;[~~i;i:;;~;if0' M ~: Kr:~ ~~;~~l~:;~::K?:.;';';:~ D Ph 'I' Y":":s"""""'""i;if.i% r. r IpS: e~j01j,;:' q~~'W;;i): ,{Ijl Motion: Mr. Greinei''$tateditfia1: by voice, vote for the vice chair. '·":·:·:;j"~I~~~it"" Vote: Glavey 3, Philips 3"'/ Mr. Basu: Philips Ms. Glavey: Glavey Mr. Greiner: Glavey Ms. Fischer: Philips Ms. Kahn: Philips Dr. Philips: Glavey Ms. Fischer stated that Ms. Glavey's term had already expired. Mr. Pepe stated that a board member whose term has expired can continue to serve until either replaced or reappointed. 2 Motion: Mr. Greiner asked for a second vote for Vice Chair Vote: Glavey 4, Philips 2 Dr. Philips: Glavey Ms. Kahn: Philips Ms. Fischer: Philips > Mr. Greiner: Glavey Ms. Glavey: Glavey Mr. Basu: Glavey Ms. Emily Glavey was elected Vice-Chairwoman of the IV. Administrative Matters None at this Time V. Public Hearings 1. P8-17-002 Applicant: Matthews-Jacobs IQQ~§lments, LLC A Resolution relating to a sp~ti~E(j$~\~pplication '" > y,,>,.,', 'c,>", :~.::.: ,.;., SW 57 Avenue "";~~:"'.<:., ': :':",: :::>\;:~~~). "'c.::; .. \'::. . .............. . ',;;,~: .. : ," . Applicant: Brian Aql¢tJkE;!gal couns~H~nd A~g~liS~qi.liJI .. ':::::./\~~!>~'-'::>:::'<{ .. ::::'<:: :;":::;.. :<:;:: /:" ,}.; .i\::t:::;·:. ':: '::,,: .::::.; ':)::::::n~;:53"'::' ~ .; ,,:~:C<;:T :': :::": '::. :,,' Mr. Basu read;;~h~;item int6~h~record.<:;;t;isi;> ·;;·:\\;::~~\t;>. \: ::::#: ":"::::":::;L\:" Mr. Li~.~t!O?t •. p re sent~~i,~h7;~~~~~~~~~2 ./;L;,,:\ ." -;", ::.<::.:;;:;:~)\M:: <::r~)::·:·· ···':s:~{;······' ..... of Record) «'i~)erP}e~~'),~i>¥4J1it:. th~'B~~~!s~:: M~'~RJscher asked Wli~~~the pa~r~ps for the restaurant are actually parking. Mr. Adler stated thatth~i;Ratrons are p~'r;~lhp in th~p.gplic parking area that is along SW 41 st Street as well as at the pa}RI!1g~paces that ~t~~t the fro;h{ of the building as well as parking at the rear. Ms. Fischer asked if tW~;''Ryblic parkiri~.~rea is shared parking for all of the businesses in the building, of which Mr. Adl~~,~.~)~ed y~.~~~;J'; :;~:::::::;:·;:~::jt~~i;{:~~~;:;l~t~:~:~~~:· Ms. Fischer asked tli~.t~pplicant if the wines sales will continue as part of the business, of which Mr. Adler stated yes. Ms. Fischer then asked why the wine sales weren't part of the application. Mr. Adler responded that the sale of wine is included within the existing business. The application was for the expansion of the restaurant. Mr. Greiner stated that this application is for the expansion of the restaurant. The sale of wine is part of a previously approved application. The Chairperson opened the floor to public comments on P8-17-002. • Staff informed the Board that a letter was received pertaining to the item. The Chair requested that the letter be read into the record by Staff. 3 o Letter from Juan C. Diaz-Padron -Oppose • Alicia Menendez -Oppose The Chairperson closed the floor to public comments on P8-17-002. Mr. Greiner asked if the parking calculation for the restaurant includes the kitchen area, of which staff stated yes. The breakdown of patron vs. non-patron area is only allowed in the Hometown District. Everywhere else in the City the parking is calculated on the gross floor area of the tenant space. ::\:::::" .. " .. Dr. Philips stated that there is parking available. It mav6dtbe near the restaurant or business but there is available parking. The City could pp,sslplypp more about enforcing the rules regarding parking. Ms. Glavey asked if there, was adequate ~Glytihdi~g signage dire<:iiB~"ehicies to the parking rea along SW 41st Street. Staff responded thatlt;i~ possible that therel'ss'jgnage, but it would need to be verified if there is signage. Ms. Glav~Y~dded that h~'IIing signag~dirf;cting patrons to the parking area could be a solution in reducing th~l~sye ofp~pple parking onp,~~"9te property. :,. "':; "''-;'':> .~.~; ~: . '". Mr. Greiner stated that it wo~i~J~~;£~f.i?US to seeJ,h~f.~he parking calculation would be if the patron vs. non-patron method ofc?lc;:ulafii)gparking was used. Mr. Basu gave a SVQ~.~i~\?n why t·~~~~rkin:!)~hg~~~l"~~r~~1 was built. He then stated that the parking a~~~;Was;b~lltbecause()f>the<<;l~marid'()f.parking on the building where the restaurant isi~7il~ed. Mr.<Bas~ then st~t.~<;l;iH~t from apr'Glctical standpoint, the demand for parking will n~t·9.hl:lpging ~9?~. Staff re~b.()?~ed that the' change of use from Allen Drugs to restaurant use isa~Gly~efg~{an}n~reaseW;p~rking for the business. Dr. Philips added that b~SflH~~tQ~~lJ;);,~lIer re's~~4raptsth~f\'~ed to Q~dr the area are gone, the need for parking has f;~gt.l:cedcOh'Siq~faJ) Iy .<:;,~;> ' ." ....... «.,.. " ... " .,.,,<\ !{~§;;tFischer stated;;~~~~(~re~}l'i~l:>?cerns with the issues noted in the letter that was read. She als~Z1l~~led that she h~~~)conce(h/~9?ut ADA access for the restaurant. She stated that there isn't aA<~r~.\:I where so~~~ne coulddtop people off. Mr. Adler responded that while there are "-i:.:.-::: .... : .. :... . ... '; .. ::,:-:::;-, handicap 'P~.t~i~g spaces ~t:~he rear of the building, the parking spaces along the front of the building ar~;09t~lreet P~.[~I9'g spaces that aren't controlled by the owner of the building. He stated that the'proper,tYt9Y:mer could propose changing the spaces to handicap but it would ~".' "."'/: :>(:"\ :::".;:/:~ ultimately be up tQ;!I)~City. Mr. Adler stated that a sign could be placed at the register, informing patrons abbBt the parking area along SW 41st Street. Last Mr. Adler requested that the condition pertaining to the loading to deliveries be modified to allow for some deliveries early in the morning. Ms. Glavey asked about the ADA parking spaces. Mr. Adler stated that there are handicap spaces at the rear of the building and there are handicap parking spaces designated in the parking area along SW 41 st Street. Ms. Fischer stated that she brought this issue up because it was mentioned in the initial application for the restaurant back in 2001. She then asked if it was ever addressed. Angel Saqui II, the architect of record, stated that there are three (3) accessible parking spaces available now. He then stated that the requirement is one (1) handicap parking spaces for every twenty-five (25) parking spaces. In regards to the restrooms, Mr. Saqui stated 4 that while the restaurant does have restrooms that are accessible there are some that aren't. Those restrooms that aren't ADA accessible will be modified accordingly. Ms. Fischer asked about the availability of the parking spaces along SW 41 st Street. She then stated that an analysis should be performed to see about the availability of the parking. Mr. Basu added that the analysis on different hours of the day and on different days 'of the week should be performed for the entire city, not just this area. Motion: Ms. Glavey moved to amend PB-17-002 in order to amend condition #6 to state the following: • The restaurant shall not operate nor shall deliveriE:!{pe received between the hours of 10:00 p.m. and 6:00 a.m. The motion was seconded by Mr. Greiner. Vote: Yes 6, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Dr. Philips: Yes Motion: Mr. BasUr119yecjto appro~~RB-17-Q()2as .. ~<.whol~:Th~ motion was seconded by Dr. Philips. >::".~~::. '"::':,:~, .·r .~ .;;.;.~,:.>,: Vote: Yes 5, No:f(Fischer) Mr. Basu: Yes ~::}(:'?'::::' M~,GI~Y¢Y;YE:!.~ .. .. Mt;lGf~rne·ri;Y~s •.. ···. ·Ms. Fischer: No . M~:Kahn: Yes Dr. Philips: Yes VI. Public Comn1~lit!>/New Busir\~$S The Chairperson~~~riedth~)tibor to public comments and any new business . .... :. ":" ..... ':v· ".:' Public Comments Section·· No comments from the public. New Business Section Mrs. Tompkins stated that the Department is trying to schedule workshops for the LDC/Comp Plan Rewrite in March. The tentative dates are March 15 and March 22. She then asked if the Board had a preference. The Board discussed the dates, and it appears that March 22 would be best. Mrs. Tompkins then stated that she would reach out to Mr. Melow to see about his preference. 5 The Chairperson closed the floor to public comments and any new business. VII. Approval of the Minutes 1. Planning Board Minutes of January 10, 2017: Motion: Dr. Philips moved to approve the meeting minutes with conditions. Mr. Greiner seconded the motion. Vote: Yes 6, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Dr. Philips: Yes VIII. Future Meeting Date: A) March 14, 2017 at 7:00 P.M. IX. Adjournment Mr. Greiner adjournec:ith~rneeting at 9:17P.M. 6 .r--. ~~:' .. ~ ~ ~. I(} '- k II) If:: \J ~ J ~.' fci ~ ~. .., ~ ~ ~ BOUNDARY SURVEY .:.3':-w.::~:' : ":':""7~.,·. .,;. AUe. f'u~ '','Z.'(JI'l'L>j --~--~---~--- LOCATION SKETCH / ~ so· ~h 5.W, ~:'1:':.:.~'.::=~.~.-.:.-. __ -__ -. __ -._-_-._,-... -.. -::"'" 41 57 /.' ~-----~-. --'-,---_ .... ------._-------- LEGALDESCRlPTION: lois 11,12, 13 & 14, Block2,less the North 20 feet and less the East 10 feet thereof; AND Less all that part of said Lot 11 whlch lies within the extema1area formed by a 25.00 foot radius arc, concave to the Southwest, tangent to the South line of the North 20.00 feet of said Lot 11 and tangent to the West line of the East lO.O~ feet of said Lot 11; AND Less all that part of ;aid Lot 14 which lies within the external area formed by a 25.00 foot 'radius arc, concave to the Northwest, tangent to the South line of said Lot 14 and tangent to the West line of the East 10.00 feet of said Lot 14, Block 2, WESTERFIELD MANOR SECTION ONE AND TWO, according to the plat thereof as record~d in Plat Book 18 at Page 47 of the Public Records ofDade County, Florida. TOGETHER WITI! TIlE FOLLOWING PARCEL OF LAND: Begin at the Northwest corner of Lot It, Block 2, as shown on said Plat of, WESTERFIELD MANOR SECTION ONE AND TWO; thence Southerly along the West line of Lots 11, 12, 13, 14, Block 2, as shown on the aforementioned Plat, <'l distance of 225.35 feet to the Southwest corner of said Lot 14, Block 2; thence Westerly along the Westerly extension of the South line of said Lot 14, for a distance of 15.0 feet to the Southeast corner of Lot 15, of said Block 2; thence Northerly along the Easterly line of Lot 15 and 10, Block 2 as shown on said Plat of WESTERFIELD MANOR SECTION ONE AND TWO, for a distance of 225.34 feet to the Not:ilieast comer of said Lot 10j thence Easterly along the Easterly extension of the North line of said Lot 10 for a distance oflS.O feet tl) the Point of Beginning, and less the North 20 feet thereof. .. _---_._--- .-... -~----------- SKETCH NO. 3310B-A E. R. BflOWNELl & ASSOCIATES, INC .. :ZS2.S 'S.w Z.',AvE-VV$' 15hj\.+G:-\qp Miami, florida 3S t"a~ . Phone: a05a$"f'J--30W. l'"ax:"S~S~~O~S10 THIS [S TO CERTIFY to the above named firm and/or persons that the "BOUNDARY SURVEY" of the herein described property /s true and correct to the best of our knowledge and belief as recently sUl1:eyed and platted under oilr direction, also that Ihere are no visible encroachments other than those shown. The legel description contaIned herein was furnished by owner or his representative. Other recorded ins/rumenls may aHect this pro/?arty. Surveyor has nol examlned the abslr~cl of tiUe. Location of utl!lties on or adjacent to the property were not secured· unless specifically requested by owner. This sUNey meels {he Minimum Technl!:aJ Standards set forth by the FBLS pursuant to Chepter 472.027, Florida Slatutes, Da/e 01/14/9'9 F.B.No.~ JobNo.~ ThIs drewing is the properly of E. R .. Brownell & A~soclates, Inc, Reproductions 01 t~r$ drawing ere not veJ!d urllsSi embossed With the surveyor's seal. e 19¥1 Ul '" m;:;; '" "'0 "''' W -" "'~ .. "'''' .. "'''' « .1 ,; :::; 00 ,,,0 oZ "", Z 0 01 <\i i:i::g 0 :::o:+: .-'''' '" 0 !II "-." '" E x ~;g 0 DO >-:it.... "-,'; W • U C -.. In > '" ::> Ul 0> ., ! g: Ul ] ;: '" • . w e G:O z z ~ ~~ :J .. ~ "-" " ~ Z .,. :J ~ ~ • as , ... CJ 0 In In cg oa 0 N .... .... 0 1 := . Ul .! 'i8 '5 0:'" '" '" w w 0", z '", (3 C'" Z ~Z w .e'" "'m " -'" "' .... "I Z N", is ~g ::> cJ> Ul '" 0 Z c . . '" 0 ~:E 0 ",.e () ",o. oU I» C ~ 2 r.a • cc: • w U --1 (f) I-Q) Z ::J W c 2 Q) I-> (f) <C w > ...c z -+-' f'-.. (f) L() CD 0 ~ u « if) J (f) 0 5: 0 w 0 f I -.;;j- l-V) I-~ 0 « § 2 e "' Sheet: 1 OF" 1 J.N. 57415 Sk. No. LS 3169 .. C ITI r n » N 0 n » >-Z ~ ~ Z ~ ~ m -~ J: Z Q ~ 0 _ C ~ m [j] ~ 0 » .... m -t trI !" UJ 6 • ~ ~ m l> 11 " ~ ); n :-m 1] '" z 1] i ~Em ." ~ C r r UI -['] [U ..,J l> ~e [U i ITI -I ~ :u 1-01 -$II" -0 ~ E ~ U1 l> z ~ i> m ~ ~ 1-01 "'1 t ~ >-ITI 0 ;;0 m ~ Zt » !~ ~~ DAAiJ""" rON DEP/c;rs TO _ ee&T OF M'r t<>/OIIIliI;'GE AND eELIEF AN ACCURAl£ lOSFRE5ENTATION OF _ EXI"""" AND PIOOFOSED F EI.D CCNDITICNS. ALL suesEQUEWT WOf;K GENERAl£D '6T OTI<E!<5' eASED ON 11-l1& i>FOf;MAT ON I"UIT >IA-'£ ~ FRIO!< IlERlFICATION OF ALL EXIST""", D IONS ~ F ElP CONDITIONS. n i1I i1I. Q 0 .. ~~~¥L S:'''N~~Q~'''R~~ DELICIAS ,t;-..,. f;£VlelONS PATE SEAL I ~ 2 III 0 R ~ l:>m DE ESPANA '" o ~ ~-.. ' ~ ~ ..lffi! 250 BIRD ROAD SUllr J308 AA-2778 PHONE: (305) 4045-4544 ~ ..... CORAL GABLES. FLORIDA 33148NWW.SAQUIARCHITECTS.COM FAX : (305) 445-5044 4016 SW 57TH AVE j; . SI-IEET TITLE ~ COVER 61-1EET I MIAMI, FLORIDA 33156 Al>l:;EL C. SAQUI II, AlA --AR'OOI2SS8 I<5l.EASED FOR ~1lOIJCT1ON CONTRACTOR TO VERIFY ALL DI-iENSION5IN FIEi.D FRiOR TO CON$11OICT1ON. NOT'" Al<CHITECT OF AlIT PISCI<EPANCIE5 EXISTING COUNTER EXISTING KITCHEN EXISTING SALES FLOOR o D EXISTING STORAGE EXISTING KITCHEN TWICE CONSIGNMENT 1,547 SQ. FT. DOCTOR OFFICE 1,370 SQ. FT. EXISTING BUILDING AREA BREAKDOWN DELICIAS DE ESPANA 8,261.75 SQ. FT. TWICE CONSIGNMENT 1,547 SQ. FT. DOCTOR OFFICE 1,370 SQ. FT. VACANT SPACE (ALLEN DRUGS + DINNER) GROUND FLOOR 3,607 SQ. FT. SECOND FLOOR 358 SQ. FT. TOTAL 15,143.75 SQ. SF. « z « n. ID [J) I!I W ~ W > I'l <{ I'l W J: <{ I- 0 i:' 0 I!I ii: [J) ~ 0 Ul ...J « lJ.. ID ...: 0 0 ::E <t ~ ..J ::E W 0 ·, -----------~--------- I I I I I I I I I I I I I I RELOCATED KITCHEN RELOCATED BAKERY I III~==Y-L ___________ ~ D D II II II EXISTING KITCHEN L _____________________ _ NORTH TWICE CONSIGNMENT 1,547 SO. FT. DOCTOR OFFICE 1,370 SO. FT. !-@",,:,,11,---l, :7~~~c=l ~=-7:~C:+~! N~= G:T:I'_o::i-. P2L::.:...A..::.N-=------____ ----j~e NG AREA BREAKDOWN BUILDI DELICIAS TWICE CO DOCTOR RESTAURA GROUND SECOND TOTAL DE ESPANA 8,261. 75 SQ. FT. NSIGNMENT 1,547 SQ. FT. OFFICE 1 ,370 SQ. FT. NT EXPANSION FLOOR 3,607 SQ. FT. FLOOR 358 SQ. FT. 15,143.75 SQ. SF. ) ,Jl~t..1--Ji 2. ~ lQ 1·7 ~ <t <;:", ~ -'''' -'" (Hi ~ <t~ <I). u!1f ~ ;j --' ill 8 m ~ n I!' '7 11 " ~ (l ", ~ ~ l!; g ~ ~ i ~ ~ '" ~ n ~ I! J: <Ii ~ ill ~ ~ ~ ~ a ij I « ~ ~ ~ z i ~ « Ii; ~ !l. 10 2 [J] to ~ W ~ il1 W > 1'1 I ~ <{ 1'1 W J: <{ I-~ 0 i:' 0 ~ ~ to ~ e5 [J] 3: 0 I UJ -l ~ ~ « LL 10 " ~ -~ ::E ~ (J 0 § -<t <{ i! -l ::E " ~ W <I iii 0 i ~ ~ ~ i ~ ~ ~~n ~ -'H <uin !r ~~ ~o", .. ~ "ffi ~ ~ l1SI-~ ~" ~ CI ~ l!; i'2 ~ <L~ !<t w ~ I ~ rJ.)Z7~ ~ Z « « « 5 • a 111 U ~ ~ I!' " ~ ~ ~! ~ <:1.< 'li III ~ ~ I!! (!JtJil.t Ii! ~ ~:g ~ ~ Z -:.11 I _ <I ~ < o:::~ ...J cr ~ 8 0... !~ I.!) ~ Cl :::! ::J If} ~ 8I4EET. g ALll tl il Hi n i ~DU.N. DA '-! C~ECK. N:.6'2,AIA ioDATE 12-22-21Z116 ~ R.elD i "'-CONS .-! COMM. 1631 , , [] []H RESTAURANT SEATING D ~'4SQ[BO []OD ] D - T I J L lJ "Droo rnrl [ L 1 WALK IN FREEZER JI J STORAGE o Jr HALLWAY D D I I FOOD I DISPLAY KITCHEN 2,4.03.56 SQ. SF. FREEZER ] I IIr WALK IN COOLER L-~ Il r-"1 STORAGE L...., I-- DISPLAY ~SH UREGISTEh B D B MARKET L.. CASH REGISTER qL ____ D o MARKET/STORE 3,915.74 SO. SF. D J -I "'------I I I ~ - ,........, r ~~ :, .---l WALK IN FREEZER DELI 273.31 SO.FT. If T ~ OFFICE 246.04 SO. FT. STORAGE o I I~ r- GIFT WRAPPING L- ~ STORAGE STORAGE 1,105.36 SQ. FT. .- L MARKET 1 r D [] STORE STORAGE STORAGE ~ !:ll EA BREAKDOWN ~ ~ ~ BUILDING AR 8261 75 SQ. FT. iii u !if DELICIAS DE ESPANA , 1 547 SQ. FT. Ii ...J TWICE CONSIGNMENT 1'370 SQ. FT. 'i ~ ~ DOCTOR OFFICE '1Il8!!:;,=;=;==r=r=n RESTAURANT EXPANSION 3 607 SQ. FT. GROUND FLOOR '358 SQ. Il \I' '" SECOND FLOOR 15,143.75 SQ. SF. ~:l.!:a~~4' -l-H--t-ii TOTAL Ii> JAN 2 2611 61 ~ ~ ~ 3 ~ ~ ~ ~ ~ ~ I!! ~ CI-IECK. 1C&2, AlA ~ I. DATE 12-22-212>16 ~ -R. BID ! 2 ","CONS ~ COMM. , ... 1 " 5 ~lfl ?:0 !}IC ~» ,; 10 -:rn q-n C) () -i ~ rn --0 r » z (][)! C-.l=> :z ~ O":l 000 ~d ~~ oc;) . m ;l ~ !Do ~=H 3 0 . m ;l §I~ ~ ~ g ~ ~ t¥ ~oc>--tg()r= 66~~o~O "Tl,,~o~o2: 55--t~~fTlG') ~~~g~~:b ~ ~~:xJ iii ~~~ SJ' ~(.,.jCn """I tN '"'" 0 "'cr. '" "'''' '" Ppp o til z :u ~ ·cr.1 8 .:--.:--~::e ~~~:z: 0,"'" "''''''' ppp ~1;1;1 ;1;1;1 DRAi.U1N:::.: ~TICN DEPlere TO THE SEeT a= r-rr KNOULEDGE AND SELlS: ~TE REPRESENTATION. OF THE EXI5TINCi: AND PROPOSED FIEl.p CONDITIONS. ALL. 5U65EQUENr-~-GeNERA1ED '6Y OTHERS' eASED ON. TI-IJ5 It-FOFiMATION. MU5T HAvE~F:'Rfo~lCATia\fa=""""""'A[["§(r5frNG D :1~-.tiND-FIECD-CCNDITJCN5. o i1l i1l ~ o 0 ~ g (II 0 ~ ~I . z o ~ 1> !I' ~ I I ~ ~ ~ ~ ~ I \JJ " I I I RELEASED FOR CC$1RJCTICN. gANGEL c. SAQUI, FAIA ARCHITECTS PLANNERS INTERIORS. Ltd. ~ 250 BIRD ROAD sum: f30B AA-277e PHONE: (305) 445-4544 .c.. CORAl GABLES. FLORIDA 33146NWW.SAQUIARCHITECTS.COM FAX: (305) 445-5044 51-lEET TITLE SQUARE FOOT AGE PLAN 81 REviSIONS I DATE DEL I C I A S DEE SPA NAIr:&: 15. MIAMI ZONING SUBMITTAL 1'.2 ... ', SEAL 4016 SW 57TH AVE MIAMI, FLORIDA 33156 f---+ _________ +-_-IIiANGEL C. SAQUIII, AlA AR'1Zl1Zl1255B CGM'RACTOR TO VERIFY AU. OlMEN5rc::N8 IN FIElD FRiOR TO cct.ISmlCTJ~ NOTIFr ARCHITECT a= ANY DISCREPANCIES o o 0 o o RELOCATED KITCHEN UP I[[]JJI[[]JJI[[]JJ RESTAURANT SEATING RELOCATED BAKERY NORTH r-1r.R~E~S7.TA~U~R~A~N~T=E~XP~A~N=S~IO~N~F~L=O~O~R~P~L~A~N~~(~ AI.I. SGALE, 1/4" = 1'-0" V ~ ~«) :c:BU0"7/~LD7/':OcNG~AR'::'CE.~#l,-",B~R,"",EA="=D:",O~W:,-:N:::----=c=-= ~ i i DELICIAS DE ESPANA 8,261.75 SQ. FT. ~ ~ II! TWICE CONSIGNMENT 1,547 SQ. FT. ~ U <I DOCTOR OFFICE 1,370 SQ. FT. ~ ;/ ~ RESTAURANT EXPANSION g ill ~ GROUND FLOOR 3,607 SQ. FT.III~ffiH==;==;==;==;=r=r==;=l SECOND FLOOR 358 SQ. FT. I1i I" 'i' TOTAL 15,143.75 SQ. SF. ~ ~ * ~f-=+=+-+-+-+-+-t-l ~ ~ ~ 3 ~ ~ ~ [Ii" g q~ ~ ~ I. DATE 12-22-2016 ~ R. aID ~ ;i! ","coN •. ~ COMM. , ... ,