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
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#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:
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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._" ____ _
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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 ,'.,....,' '
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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! ~
.~-
/
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,
!
.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
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BOUNDARY SURVEY
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LOCATION SKETCH
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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
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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.
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~ ..... 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
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TWICE CONSIGNMENT
1,547 SQ. FT.
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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.
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NSIGNMENT 1,547 SQ. FT.
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FLOOR 358 SQ. FT.
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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.
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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
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AI.I. SGALE, 1/4" = 1'-0" V
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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. ~ ~ *
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