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11THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Jane K. Tompkins, AICP, Planning Director FROM: Steven Alexander, City Manager DATE: March 7, 2017 SUBJECT: Agenda Item No.: JL A Resolution relating to a Special Use application to permit a General Restaurant use at 5833- 5835 SW 72 Street. BACKGROUND: Located in the Specialty Retail "SR", Hometown District Overlay "HD-OV," the applicant is proposing to open a new general restaurant use in the tenant space located at 5833-5835 Sunset Drive which was previously occupied by a "drinking place" (Le., a bar). Pursuant to the regulations listed in the Permitted Uses, Section 20-7.12(A) of the Land Development Code (LDC), a special use permit is required for the operation of a general restaurant. Tenant Space of Proposed General Restaurant Use REQUEST: 4891, LLC, the applicant, is requesting approval to operate a general restaurant out of the tenant space located at 5833-5835 Sunset Drive. Special Use -General Restaurant 5833-5835 SW 72 Street March 7, 2017 Page2af5 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 space was previously occupied by a "drinking place" (Le., a bar). • The existing one-story building is near similar restaurant uses to the north (Akashi and Rice: House of Kabob), to the south (Sushi Maki, The Irish Times, and Starbucks), to the east (Mellow Mushroom), and to the west (Old Lisbon and Station 5). • The attached Floor Plan indicates that the tenant space has a gross square footage of approximately 1,168 square feet, which will be utilized for the following patron/non-patron areas: o Patron Area: 467 S.F. o Non-Patron Area: 701 S.F. As shown on the attached Floor Plan, sheet KEC-1, the applicant is proposing to renovate the tenant space in order to accommodate the use of a general restaurant. This includes the installation of a new kitchen with food prep area and patron seating areas. PARKING SPACE ANALYSIS Pursuant to Section 20-7.12{A) of the LDC, the parking condition for a general restaurant is as follows: • One parking space per 300 SF devoted to non-patron use • One parking space per 100 SF devoted to patron use Pursuant to the information provided, the minimum amount of parking spaces required for the proposed general restaurant is as follows: Non-Patron Use Parking Space Requirement 701 ~ 1 Parking Space 1 x 300 ~ = 2.34 Parking Spaces ~ 3 Parking Spaces Patron Use Parking Space Requirement 467 ~ 1 Parking Space 1 x 100 ~ = 4.67 Parking Spaces ~ 5 Parking Spaces Special Use -General Restaurant 5833-5835 SW 72 Street March 7, 2017 Page 3 0/5 Based on the calculations listed above, the proposed general restaurant will be required to provide a minimum of eight (8) parking spaces. After performing a parking space analysis for the property, it was found that a total of twenty- two (22) parking spaces would be required for all of the businesses on the property. This analysis is indicated in the chart below. It is important to note that the property owner obtained a unity of title on December 4, 2013 that combined two (2) properties. This agreement was recorded with Miami-Dade County on February 4, 2014. Qusiriess . Address Use. Parking c ~eqlJifement American 5855 Clothing 12 Apparel Sunset Drive Store Elephantito 5855B Clothing 2 Retail Group Sunset Drive Store * 5849 Rainbow Nails Sunset Drive Nail Salon 0 Station 5 * 5845 Sunset Drive Restaurant 0 5 Golden Rings * 5843 Jewelry Sunset Drive Store 0 Old Lisbon * 5837 Sunset Drive Restaurant 0 Amsterdam 5833-5835 Restaurant 8 Falafel Shop Sunset Drive . .. . .. .. . .. . Total Amount of Required Parking: 22 ·Historically Designated Property -Parking Space Requirement Waived (Section 20-7.6(C)(4), LDC) After reviewing the survey provided, the site has approximately twenty-one (21) parking spaces on the site. Additionally, there are a total of five (5) on-street parking spaces that are adjacent to the subject property. Pursuant to Section 20-7.6(B)(1) of the LDC, On-street spaces adjacent to a lot shall count toward the parking requirements for that lot; a partial space longer than eleven (11) feet shall count as a full space .. Accordingly, the total number of available parking spaces for the subject property is twenty- seven (27) spaces. Therefore, the parking requirement for the new restaurant will be satisfied. Once the new restaurant is in operation, the property will have a parking space credit of four (4) spaces. Special Use -General Restaurant 5833-5835 SW 72 Street March 7, 2017 Page 4 0/5 SPECIAL USE ApPROVAL After review of the project, the proposed general restaurant use complies with both the general and special requirements listed in both Section 20-3.4{A) and Section 20-3.4{B){4)(b) of the LDC, respectively, in that the use: • Is compatible and complementary to the existing uses within the surrounding areas; • Shall provide only inside or patio service; Public streets, rights-of-way, sidewalks and required setbacks may not be used for patio or street-side services of any kind; • No services of a drive-in or of a fast food nature shall be permitted; and Furthermore, the requested special use does not conflict with the Comprehensive Plan and complies with the LDC requirements set forth in Section 20-5.8{B){1) 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: Staff recommends approval of the Special Use Permit application by the City Commission. 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 ofthe Land Development Code; 2. The approved special use shall lapse after six (6) months if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the City Commission has not specified a longer approval period for good cause. 3. A separate application for outdoor dining will be required as per Section 20-3.3{E){2) Outdoor Seating / Dining for all commercial Properties, of the Land Development Code; Special Use -General Restaurant 5833-5835 SW 72 Street March 7, 2017 Page50j5 4. If required by the Code, any and all exterior renovations or modifications for the new establishment may be subject to approval by the ERPB. 5. If the subject general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. PLANNING BOARD ACTION: After the public hearing held at the Planning Board's February 14, 2017 meeting, the Board unanimously recommended approval ofthe application, subject to Staff's terms and conditions. AnACHMENTS: • Draft resolution • Application, Dated December February 3,2017 • Letter of Authorization from Property Owner, dated January 12, 2017 • Letter of Intent/Applicant Mailout Letter • Amsterdam Falafel Shop Gallery Photos • Unity of Title, recorded on February 4, 2014 • Mailing Label Affidavit w/Location Map, dated January 9, 2017 • City Notice of Public Hearing • Notice of Applicant Mailout Affidavit, dated January 9,2017 • Mailout Letter, Received on May 20, 2016 • Legal Ad • Boundary Survey (On File) • Floor Plan, sheet KEC-1 • 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 5833-5835 SW nod Street. 5 6 WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), 7 the applicant, Joe Candito, submitted Application No. PB-17-003 to the Planning Board 8 requesting a Special Use Approval to operate a general restaurant at 5833-5835 SW 72 nd Street, 9 within the Special Retail "SR", Hometown District Overlay "HD-OV" zoning district; and 10 11 WHEREAS, the applicant proposes to operate a general restaurant use in a space 12 previously occupied by a "drinking place"; and 13 14 WHEREAS, restaurants are permitted as a special use within the Special Retail "SR", 15 Hometown District Overlay "HD-OV" zoning district and are subject to meeting the general 16 conditions specified in LDC Section 20-5.8 and subject to meeting the special use requirements 17 set forth in LDC Section 20-3.4(B)(4)(b) for a general restaurant; and 18 19 WHEREAS, the applicant's restaurant special use meets the special use requirements set 20 forth in LDC Section 20-3.4(B)(4)(b) which are: 21 i. All such establishments shall provide only inside or patio service on private 22 property. Public streets, rights-of-way, sidewalks and required setbacks may not be used 23 for patio or street-side services of any kind. 24 11. No services of a drive-in or of a fast food nature shall be permitted. 25 111. The City Commission shall review and recommend approval, disapproval or 26 modification of all site plans and project specifications for this special use permit; and 27 28 WHEREAS, the Planning and Zoning Department has determined that the applicant's 29 restaurant special use meets the parking requirements for the Special Retail "SR", Hometown 30 District Overlay "HD-OV" zoning district; and 31 3 2 WHEREAS, the approval of a special use requires a recommendation from the Planning 33 Board and the approval of the City Commission after a public hearing; and 34 35 WHEREAS, at the February 14, 2017 Planning Board meeting, and following a public 36 hearing, the Board reviewed application PB-17-003 and voted six (6) ayes, zero (0) nays to 37 recommend approval of the request for a special use to operate a restaurant with conditions; and 38 39 WHEREAS, the City Commission desires to accept the recommendation of the Planning 40 Board. 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 44 45 Section 1: Special Use Application (PB-17-003) submitted by applicant Joe Candito to 46 operate a general restaurant at 5833-5835 SW 72nd Street, within the Special Retail "SR", 4 7 Hometown District Overlay "HD-OV" zoning district is hereby approved. This approval is 48 subject to the following terms and conditions as well as all applicable City ordinances, codes, 49 rules and regulations: 50 51 1. Adhere to the Special Conditions applicable in Section 20-3 .4(B)( 4) (b) General 52 Restaurant and Section 20-5.8 Special Use Approval of the Land Development Code; 53 54 2. The approved special use shall lapse after six (6) months if no master building permit 55 which implements the special use or certificate of occupancy has been issued for such use 56 and if the City Commission has not specified a longer approval period for good cause. 57 58 3. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2) 59 Outdoor Seating / Dining for all commercial Properties, of the Land Development Code; 60 61 4. If required by the Code, any and all exterior renovations or modifications for the new 62 estaplishment may be subject to approval by the ERPB, to the extent provided in the 63 Land Development Code; 64 65 5. If the subject general restaurant is, in the future, determined by the Director of Planning, 66 to be adversely affecting the health or safety of persons residing or working in the 67 vicinity of the proposed use, to be detrimental to the public welfare or property or 68 improvements in the neighborhood, or to be not in compliance with other applicable 69 Code provisions, the special use approval may be modified or revoked by the City 70 Commission upon notification and public hearing. 71 72 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 73 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 74 not affect the validity of the remaining portions of this resolution. 75 76 Section 3. Effective Date. This resolution shall become effective immediately upon 77 adoption by vote of the City Commission. 78 79 80 81 82 83 84 85 86 87 88 89 PASSED AND ADOPTED this ___ day of, _______ , 2017. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Welsh: 90 91 92 CITY ATTORNEY Commissioner Edmond: Commissioner Harris: Commissioner Liebman: SUNDAY FEBRUARY Z6 2017 MfAMfHERALD.cOM NEIGHBORS I 19SE NORTH MIAMI Time for residents to weigh in on Chinatown district BY LANCE DIXON IdixouliPmiamihrrald.com More than a year 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 cracking sidewalks," said Judy Brown, president of the Sunkist Grove home- owners association. Residents will have a chance to ask those ques- tions, discuss the master plan for the district and learn about.the city's next steps at 5:30 p.m. Wednes- day at the Joe Celestin Center, 1525 NW 135th St. 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 you put a facade with a dragon's head across 119th Street and just 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. J have not secn any development on Sev- NOIt!i$rore Anlmolleaoue America's TOUR FOR LIFE PETSMART 'I1IQ,.( Your Pet, Our Passion: 8241 W. Flagler St., Ste. 101 Flagler Park Plaza Miami, FL For more information and tour adoption event details visit animalleague.org #TOURFORLlFE2017 enth Avenue," Desulme said at a previous council meeting. The plan has evolved to in~lude the city's commu- nity redevelopment agency and the Fort Lauderdale consulting 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 consul- 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 South 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 numbers by pointing to the hundreds of Chinese students that have courses at FlU's campus in North Miami, a number that's bolstered by the partnership with the cam- pus in Tianjin. Still, some residents in the city's District 4 -a 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 Icom- munity redevelopment agency] to really help an- other community," at- torney Ron Cordon said. "That money could be used to put a police sub- station there." The master plan process could take up to six months. The plan, once finalized, wonld require city council approval be- fore being implemented. Lance Dixon: 305-376-3708, (ii)LDixoII_3 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given [hal [he City CommiSSIon of [he City of South Miami. Flonda wm conduct Public HCilring(s) at it ... regular City C'ommis"ion meeting scheduled for Tuesday, March 7, 2017, beginning at 7:00 p,m., in the City Commj~sion Chmnhcrs, 6130 Sun~el Drive, 10 cnn>;lder the following ilcm(s): A Rc.;;oiutioll authorizing the City Manager 10 enter into a Illulti-year agreemcnt with Manngctllcnt Pmtncrs, Inc" 1(Jr performance hascd audit services for each City division! department pUflmalll to the City CharIer. A Resolution relating to a Special l),'t! applkatioll to permit a General Restaurant usc at 4000 SW 57 Avenue. ( A Resolution relaling to a Special U'!oc application to permit a Gcnt~ral Restaurant lISC ;t~ 5X3.l-5~.l:; SW n S[TCOI. I An Ordinance ilmending the Lmd Development Code, Article 11, "Dclinitions", Section ~O-2,J. "Dcnnilit'lll;", and ArlH:lc JIT, "Zoning Regulations", Sccli(m..: 20-3.3(D) "Permitted Use St:hedllic" and 20-3.4(B) "Spedal Requirements" adding SUh':iCClioll (24) relating to Medici.l1 M~l1i.iuilml Cenlers ilnd providing definitions relating to and (;ril~ria and regulations lor Medical Marijuana Centers illihe City of 50lllh lvliami. ALL illll·rc .... tcd pariit's ,U"l~ invited lo attend alld will he heard. Fnr hrrlher infonn,r[inn. please eontac[ [he City Clerk', Olliec at: 305-663-6340. Mluia M, Mcnl'nde.l, C~C City Clerk rllT~uomlli' Flmiu<I SI"lu!t'~ 21'6.01fJ5. Ih{" CUy hrrehy ild\'i~('s 1111' puhlk Ih.11 jf <l Jlrr~'111 t.k'dll('~ III :IpPI'al ;lny LlC'd~H'1I1,)a(k hy 'hi~ H,'ilTc!, Agl'IlGy {If C{,mml,~h·'ll wilh rC~JlCt;llp .. my milll!!T \'llO~ldrrcd al ils meellnJ! PI" hr,tring, he ,II" she will nerd ;lTr("illd oj Iht.:' rl"(Ct.:'{hllg~, itlhllh:ll for m..:h pHfplJ~C, !JIll'tll'li pcr~,'n lllil} nt'cd III Cll~IJI(' that ~l \"('rhilUlIl tl'nmt 01 Ihr-pr,'..:t.:'t.:'dlll:~~ j~ mJ.{k whh;IJ ft''':flrU indllUl'~ lhr 1t'~lil1l\'ny ,)nd r,-jUt'm:r 11P"ll wh!.;h liff' ilppt',l! J~ III hI' hilSt'U MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review Ilk/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 matter at the post office in Miami in said Miami-Dade County, Flonda, 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 securing this advertisement for publicatio MARIA MESA personally known to me . can OIF SOUTH MBA-Mn NOTRe! OIF fPUBUC lHl~ARRL\'lG 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. I A Resolution relating to a Special Use ap~lication to permit a General) l Restauran.t use at 5833-5835 SW 72 Street. , An Ordinance amending the Land Development Code, Article 11, "Definitions", Section 20-2,3, "Definitions", and Article III, "Zoning Regulations", Sections 20-3,3(0) "Permitted Use Schedule" and 20-3.4(B) "Special Requirements" adding sUbsection (24) relating to Medical Marijuana Centers and providing definitjonsrelating to and criteria and regulations for Medical Marijuana Centers in the City oj South Miami. . ALL interested parties are invited to attend and will be heard, For further iliformation, please contact the City Clerk's Offic,e 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 -73/0000200882M City of South Miami Plannzng & Zoning D~partment City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 668-7356 Applicationfor Public Hearing before Planning Board & City Commission A~ss of Subject Property: ""f-nil Subdivision -/;-r-=----=:....L.=~u 6 li'~ ~ S1f51 b vtl'? ~ e..-\ Meets & Bounds: Applicant: g 9 I L.. 1-. C!-- AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner _Owner's Representative _Contract to purchase _Option to purchase _Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: TextAmendment to LOC _ Zoning Map Amendment _ PUO Approval _ PUO Major Change _~r.iance ~Special Use _Special Exception _Other (Waiver of Plat) SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: ~tter of intent _...-JUstifications for change _ Statement of hardship .,.".-proof of ownership or letter from owner _ Power of attorney . _ C~tract to purchase I--------Tt----=----------'-T?-------I -VCurrent survey (1 original sealed and .;::;.~ 15 ¥J-Y'L--j€lrled/1 reduced copy@ 11" x 17") Bri"efly explain application and cite specific Code sections: ~ 15 copies of Site Plan and Floor Plans Section:__ Subsection:__ Page #: __ Amended Oate: __ _ ~6",1 reducedcopy@11"x17" _ Affidavit-Receipts attesting to mail ~otices sent ~~~els (3 sets) and map ~quired Fee(s) ~.cmRf)fete1:r-aajp)ppRicCaation and represents that the information and all submitted materials are true and nowledge and _be,lief. L I\r ~-bL-----~'=="""----4-----\------JD.J~/J_ LIAy\'~~ ci-J -(7 Print Name Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed \II 211f Date of PB Hearin9 _____ Date of Commission ____ _ Petition Required __ _ Petition Accepted. _____ _ Method of Payment Z:\Forms\Current Planning Department Forms\Planning Department Forms\Planning Board\PB -Special Use Application -Revised 1- 25-2016.doc ; January 12, 2017 City of South Miami Sunset 58, LLC 7600 Red Road Suite 124 South Miami, Flo 33143 305-284-1214 I, Steve Halegua, am the owner/managing member of Sunset 58, LLC located at 533-5851 Sunset Drive South Miami, Flo 33143 and I have allowed Amsterdam Falafelsho parking spaces in the back of the building. STATE OF FLORIDA COUNTY OF MIAMI-DADE Steve Halegua I hereby certify that on this day, before me, an officer duly authorized in the State and County Aforesaid to take acknowledgments, personally appeared Steve Halegua, the managing member of Sunset 58, LLC, a Florida Limited Liability Company on behalf of such liability company and who executed the foregoing instrument, who is personally known to me~_ J Witness my hand and official seal in the State and County last aforesaid this ~ Hay of < ~I\U {..i( lA , 2017. J .# p~. Notary Public State of Florida 1",,4"fo Liliana Anon ~~ i My Commission FF 143703 ~OFf\.Q Expires 08/1212018 Letter of Intent Joseph Candito 2626 Tamiami Tr. E ste 3 Naples, Florida 34112 Application for the Change of Use / Special Use Permit City of South Miami 6130 Sunset Dr. South Miami, FI 33143 Building/Zoning Department We intend to apply for a change of use permit from an existing Bar location to a casual .. restaurant. Amsterdam·FalefalShop is planning on opening a casual restaurant at 5833-5835 Sunset Dr. Miami FI 33143. Owner of the Property Sunset 58 LLC Joseph Halegua 305.903.0038 7600 Red Rd. ste 124 South Miami FI 33143 The owner of the Restaurant as follows: Amsterdam Falefal Shop DBA 4891 LLC (owner) c/o Joseph Candito 239.398.8349 5319 Airport Pulling Rd. N Naples, Florida 34109 Cc -land owners within 500 feet of said location rage 1 or j HOME MENU ~'" A.&gl ..16, . talCe "'-ILIL~ ~t.-..ul'J. GALLERY NITIES COMPANY Gallery http://falafelshop.comfgallery/ 111212017 l ;l::J F AANCHISE, .\ HI;OISTflY http://falafelshop.coml gallery 1 Our Partners and Friends GODADUY- onION stRYICES Copyright © Amsterdam Falafelshops LLC. All rights reserved. 1112/2017 Menu http://falafelshop.comlmenul Top it yourself in the shop • or at home! NITIES COMPANY Falafel Sandwich Comes in a regular (5 balls) or small (3 balls, smaller pita) and you get to load it up with amazing 22 toppings and sauces! , 1112/2017 http://falafelshop.comimenu/ Frieten (Fries) Double-fried, and you select the dipping sauces. GALLERY Curried Ketchup, Fritesaus, FRANCHISE OPPORTUNITiES ccf~~~~~us. Falafel Bowl Can't do gluten? Try a bowl. Choose how many balls, ask for an extra pita if you wish ... Large Order On lazy-susan platters, you 111212017 " ... ' Thisinstrumentwas~.by: Narn~: Ross Rosenberg, Esq. RossRosenbetgtaw,PA Ac:Idress: 91008. DadelandBlvd. #1500 Miami,Florida 33156 Folio.No.: 09.4025-03C).;OO40 & 09-4iu~030.00~ lJNlTY OF TITLE (SpacereseiV~fOi'Clerk) WHEREAS, the undersigti~ is the Owner ofthat,pr()pertydescrlbed as: Lots 4, 5, 6, 8 and 9, and, the West 2 feet of .L9t 7, of H.D. COOPERfS SUBDIVISION, acOOrding to the plat thereof, as reco.rded in Plat .Book 4, .:P~ge 15.l,pfthe Public Records ofMllUllbDade County,Florida. less the South 4,18 feetthereo~ hereinafter referred to as.:the "Property;" Said PrOperty currently has two Folio Numbers, .to wit: 09-4025-030·0040, with a streeta4dress of 58 55 S1lIiSetDriye~ South Miami, Florida (which includes Lot 4) an(l 09-4025-030.00501 witba street address of :5837 Sunset Drive; South Miami, Florida (which fu.cluQes Lots 5,.6,8, 9,and a p<;lmoIi of Lot 7). Qwfier re.cognizes·and ackiiowlec:tges that for the public health, welfare, safeiy or morals, the herein"describlXlProperty Should 'notbe divid~ .intoseparate parcels owned by several owners so longas.the same is'puUo the hereinafter use; and In'i9nsidetation of approval of a :b.l,lildingpermitby theCi~ of South Miarn. for .construction of a buUding on a portion Qfthe 'Pr(lJ>eltY, .approXimately 9:80' 'from north to south $4~roximately 60' from eaSt:to w~ whichjlOrtlQD of 'the Property is :currentlyan'1Il1eyWay lyingl\pon bQth.jlart:els,and (or Q-tber good and Valuable ~n$id~on, OWner hereby agreel!to restrictth~ ~e oftlle Propertyin the followfug'inanner! That said »rol'erty shall be tQn&ider~ as One plot and pl:)fcelof land anel no P()tti~il.of ~d :plot and parcel o.f land shall be sold, tran$feI'{ed.devis~ or assigned separately except hdts entirety ~ one plot or' parcel of land. Irtaddition, the lots and/or p~lsofland shalt not be ~nveye4, mortgaged andlo~ leased separate artdapart from tlSc.h 9ther·l:ind they shall be heldtogethetas one tract. Ownertbr$er agreeS that this condition, restriction -and limitmion shall bereeorded, at Owner's expense, fu.the Public Records of Mi~~Dade Couni;y,Florlda and shall remain in full fotceand effect 1lIld be bilidiI1g upon the Owner, their heirs, successors, pel'Sonal represen~tives and BOOk29016/Page3571 CFN#20140086597 Page 1 of'2 https:llwww2.miami -dadeclerk.comIPublic-Records/PrintDocument.aspx?QS= Y ao U fOzxr... 211 0/20 1 7 •• T OR a.K 29016 PG 3572 LAST PAGE IlS$j~!U1d upon all mortgagees or lessees until such time as the ·same may be released upon approval by Resolution passed and adopted by the City CommiSsion, after a public hl;l81ing,and execpwd by the City Manager and the' City Clerk This condition, restri.ction and limitation shall be deemed a covenantruruiing with thelanq. and shall remain in full force and effect and be binding upon the undersigned, j~ Sl,lcCessors and assigns until such time as the same maybe rel~. The Unity of Title shallnotbereleaseil except upon approval by resolution passed and adopted by the commission, after a public hearing,and executed by ihe city manager and the city clerk, The release of the Unity of Title is contingent upon a cessation of the conditions and/or criteria which originally required fueexecution 6fthe UriityofTitle. Signed, witnessed, ~xecutedand acknowledged this -i-dayof __ tJ~· .'.:..::~:...C-~'.' ----.J. '-.0 /J, )Witnesses: Owner: SUNSET 58~ LLC. a: Florida limited liability c pany / .r+~~~~~~----________ BY:~ __ ~~~~~~~~~_~ f .' f Steve!\! . alegilll;as Member Manager' (Prinl.N~.e:)Jlu:)\~~G .. ;;:no~. If" a~ Vi .(1(& 76!l0 Re~ R~ad, S~ite 124 . _;~:=--South Mtamt,Flonda33143 %:.~"" .. STAre OF FLQRlDA COUNTY OF MIAMI-DADE .I HEREBY CER'J1l1Y that, on this day,1)efore me, aI1. officer duly authorized in the State of Florida and County .af()resaid, to administer oaths and take acknowledgments, persc:mally appeared Steven Hlilegua, as member manager for Sunset 58, LLC, a Florida limited liability company, who. after ~il1g 4uiy sworn, acknowledged before me the execution of the foreg9mg instrument for the purposes therein expressed, and who produced ~O"Pl\" \<::l"")~ . as identification. . WITNESS my hand and official seal in the County and State last afoftlSaid, this /..c#.. day of "U€ee.,..,r.~(' ~13 . . FoUo No,: 09-4025-030-0040& 09-4025-030-0050 Book29016/Page3572 CFN#20140086597 Page 2 of 2 https:llwww2 .miarni-dadeclerk.comIPublic-Records/PrintDocumentaspx?QS= Y ao U fOzxr... 211 0/2017 rio development resources zoning public notification packages I lists of property owners within a specific radius + radius maps + mailing labels rdrmiami.com I diana@rdrmiami.com I 305.498.1614 January 9,2017 City of South Miami Re: Property Owners List within 500 feet of: SUBJECT: 5837 Sunset Drive, South Miami, FL. 33143 FOLIO NUMBER: 09-4025-030-0050 LEGAL DESCRIPTION: COOPERS SUBDIV PB 4-152 LOTS 5-6-8-9 & W2FT LOT 7 LESS S 4.18FT TO CO 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 radius of the external boundaries of the subject property listed above, including the subject property. This reflects the most current records on the file in Miami-Dade County Property Appraisers' Office. Sincerely, Rio Development Resources, LLC ~~~ Diana B. Rio Total number of property owners without repetition: 62 Abutting. or contiguous, property owners are nsted in BLUI; Rio Development Resources, LLC ("RDR'J has used its best efforts in collecting the information published in this report and the findings contained in the report are based solely and exclusively on information provided by you and information gathered from public records and that local government. By acceptance of this report, you agree to hold RDR harmless and indemnify RDR from any and all losses, damages, liabilities and expenses which can be claimed against RDR caused by or related to this report. rio development , resourc es zoning public notification packages I lists of property owners within a specific radius + radius maps + mailing labels www.rdrmiami.com I diana@rdrmiami.com I 305.498.1614 500' RADIUS MAP SUBJECT: 5837 Sunset Drive, South Miami, FL. 33143 FOliO NUMBER: 09-4025-030-0050 LEGAL DESCRIPTION: COOPERS SUBDIV PB 4-152 LOTS 5-6-8-9 & W2FT LOT 7 LESS S 4.18FTTO CO 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-17-003 Applicant: 4891, LLC A Resolution relating to a Special Use application to permit a General Restaurant use at 5833-5835 SW 72 Street. 8W718TST IC:..L--~------a-~~s;;w 72ND 5T All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 305-663-6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Refer to hearing number when making any inquiry. . rio development r9'sources zoning public notification packages I lists of property owners within a specific radius + radius maps + mailing labels rdrmiamLcom I diana@rdrmiamLcom I 305.498.1614 January 9, 2017 City of South Miami Re: Property Owners List within 500 feet of: SUBJECT: 5837 Sunset Drive, South Miami, FL. 33143 FOLIO NUMBER: 09-4025-030-0050 LEGAL DESCRIPTION: COOPERS SUBDIV PB 4-152 LOTS 5-6-8-9 & W2FT LOT 7 LESS S 4.18FTTO CO I hereby certify that I have received the attached mailing list of all property owners within (500) five hundred feet of property legally described as SEE LEGAL DESCRIPTION ABOVE. I affirm tha a total of 62 notices, 4 of which were sent via Certified Mail, were mailed on January 10, 201 . Diana B. Rio Rio Development Resources, LLC Total number of property owners without repetition: 62 4 abutting, or contiguous, property· owners were notified via Certified Mail. State of: PrOf) J fL- County of: rn II$1l / -D f1 01 L BEFORE ME: an officer duly authorized to take acknowledgments, on this ~~(\ z.. D (} , personally appeared Dt Ct n cA.. B, «.1 0 . who nown to me or who has produced )=?L R (~I 1&1 S 1-1 C f! h.fl- I 0 day of fs personally identification and who did take or did not take an oath, who executed the foregoing, e ~ted the s~me e~and voluntarily for the purposes therein expressed. V)t J/u as and 6tary Public { Dated this -4.~ ___ day of;...--r;.f) ttl1 Y'7 Commission Expires: Seal '2 () I 7:~"\\U'illll6dI",, ---"":'~~~~ \03LVlS '" "I~ .§' ",\~ ~ •• 0 •• 00 .oJ/m~ §. ~ oo:","apUfl~O.~1 ~ ~ t§ 0 0 9~W·iU'IIp~'l"1<t~·o ~}~ .::: .:J!i;oO ~O.n ·o~~ ..... I'n v ...... ~ §§.itt-: <.<-,,918:1:1#: ~i == :Wcn ... .., ::: = tlu.!-r-• _ ~ •• 'S~, ~ :~~ -::; 00 f>.t: li'l JeqUJ.'<>'I' -$"0' ;:::-~"ZL 0':$>.. "C:> 0 ~ ~ :tP~·$:~OISSI~'t\';'o·· ~ ~ 'l/f") 0 •• 0 .00 ... \()~ ~ ~11;l""Yd 'r3\~\"" ~\~"I. 1f1'"Omlm'\\"~ Rio Development Resources, LLC ("RDR'J has used its best efforts in col/ecting the information published in this reporl and the findings contained in the reporl are based solely and exclusively on information provided by you and information gathered from public records and that local government. By acceptance of this report, you agree to hold RDR harmless and indemnify RDR from any and aI/losses, damages, liabilities and expenses which can be claimed against RDR caused by or related to this reporl. Letter of Intent Joseph Candito 2626 Tamiami Tr. E ste 3 Naples, Florida 34112 Application for the Change of Use / Special Use Permit City of South Miami 6130 Sunset Dr. South Miami, FI 33143 Building/Zoning Department Weintendto apply-for a change of use permit from an existing Bar location to a casual restaurant. Amsterdam-Falefal Shop is planning on opening a casual restaurant at 5833-5835 Sunset Dr. Miami FI 33143. . Owner of the Property Sunset 58 llC . Joseph Halegua 305.903.0038 7600 Red Rd. ste 124 South Miami FI 33143 The owner of the Restaurant as follows: Amsterdam Falefal Shop DBA 4891llC (owner) c/o Joseph Candito· 239.398.8349 5319 Airport Pulling Rd. N Naples, Florida 34109 Cc -land owners within 500 feet of said location 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 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 f/k/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 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 sl!id newspaper in the issues of 02/0312017 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 continuou~ly published in said· Miami-Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class m!lil 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 .----_.-._. ----------_. --_._-----.. _---------------_._-----------_._---- 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 8A-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 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 be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present I information at public meetings, representatives of a neighborhood association without· tatives of a not-for-profit community based organization for the purpose of influence without special compensation. Individuals who wish to view or ns of the I. Call to Order Action: Mr. Grein II. Roll Call (Chairman), Ms. Fischer (Vice- (Planning Director) and Mr. Marcus Lightfoot (Senior City Staff Absent: City Attorney: Mr. Thomas Pepe III. Board Elections 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 of the 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 nt';::thl:i\' 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 Mr. Subrata Basu was elected Both Dr. Sally PhilipsiUlg~rnjly Glavey :~{~:: ~"':":, ':,.-: ~". ~.;;.: .... of the Planning Board. Motion: Mr. Grelhl~';~~::~~~'1~lose was seconded bylV!'~;KRhn.;~ljd of Planning Board. The motion "/. {:, ';:::.> g:~;}t: /;:;, ··,t;;~j~~;ic. . ~~~~~:~:~~i\\)~~~ "'J::,;~t~;~, Mr.·t~t~jRer: Yes"J.,"~:j\ •. M . " "Ii'" . Y ';:::::~ :·:::n· "::::::::,':{ :', s. Fister; es';{. t%~t\. Ms. Ka h ~~;~~~.,;;,>.:fz>? y::;~::;:(~\ Dr. Philips: yesti.t l\iit Motion: Mr. Gre~~lt.lli~'bY voice, vote for the vice chair. 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. PB-17-003 Applicant: 4891, LLC A Resolution relating to a 5835 SW 72 Street. .• urant will sell beer or wine. Mr. Candito stated that at this time The Chairperson nnlPnE'n the floor to public comments on PB-17-0Q3 • • None at this Time The Chairperson closed the floor to public comments on PB-17-003. Motion: Mr. Basu moved to approve PB-17-003. The motion was seconded by Ms. Glavey. Vote: Yes 6, No 0 (None) Mr. Basu: Yes 3 Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Dr. Philips: Yes Mr. Candito thanked staff for helping him with the application. VI. Public Comments/New Business The Chairperson opened the floor to public comments and Public Comments Section No comments from the public. New Business Section Mrs. Tompkins stated that the Department i~':ftyJn!3to schedljl; LDC/Comp Plan Rewrite in March. The tentative d~tes are Marchlf?~rd lVI~t~P?22. She if the Board had a preference. The Board discuss~#/J.p.~dates, and{f~ap:~.i~fsthat March 22 be best. Mrs. Tompkins then stated that she wd4Iajf~~cbout to Mr.M~IQ)N to see about his preference. ~Wi\> ... ";~:':!:/f~r:r~::>'"N c:::'::C::'; ~:\:"'; The Chairperson closed the floor to J~&lic~rirnffi~nts and a~V;hew business. {~tt:· .. :,:;< • ::-;.' . . "." , ... ::..: .. \' """"'" VII. Approval of the IVHdQ~~§ );~.J.~» ~~~~;f~~~~·(:t.:~·· minutes with conditions. Mr. Greiner VIII. Future Meeting Date: A) March 14,2017 at 7:00 P.M. IX. Adjournment Mr. Greiner adjourned the meeting at 9:17 P.M. 4 10 fl'14' 4' Square Ft Calculations Work Area Bathroom Areas Total Work Area 10 x 50.5 = 505 14 x14= 196 701 sq Ft. Proposed Change of use from Bar to Casual Restaurant Amsterdam Falafel Shop Customer Areas 36.5 x 14 = 511 5833 -5835 Sunset Dr. South Miami FI. 1/11/2017 Less Front Area indent 6 x 4/2 = (12) Less Front Area indent 8 x 4 (32) Total Square Ft Customer 467 sq ft EQUIPMENT SCHEDULE Customer Area Work Area Total @--0 14' Item No -10 12 13 ,. l5-rl " ~5 2. 21-30 ~-~. 133 F-- E<o ~- STORAGE 4 SUPPORT I I5PARE~R I ~ TANK. 8JB. RA(.,I< , ~TER FILTER SYSTEH FOOD PREPARATION I ItoJe,nONc,.oo,:::ER I ~TASLE I REN:.1+-1N FREEZER -Sf'ARE~R I RE tiALL 5H:Lf A55EMet. Y (2-TlER) POT Y'lASHIN6 r-'LICC.r~T' I fRE-RUtsE FAlJC.fT 2 RE Io'iALL St£LF A55EHSL Y (2-TIER! Parking Requirements 467 sq ft. 701 sq ft. 1,168 sq ft. 5 Parking Spaces required 3 Parking Spaces required 8 Required Landlord Available Parking for unit 7 spaces Street Parking 1 space Total Available 8 Spaces Mar,ufoc..turer Model f'.lIrnber ){t5TIN6 -TO REH.l.IN J.{ ..... BY ornER$ L ... 6Y OTHERS 5H-,161C. '''''''1 ExiSTING -TO REMAIN •• 8RA5'; .. ~ B-OI33--BG V 1e&N6, (lJ 18-48V6 Item No 4. 51 53 .2 " " 12 1b n 1. 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