Res No 148-17-14949RESOLUTION NO. 148-17-14949
A Resolution relating to a Special Use application to permit a General
Restaurant use at 5738 Sunset Drive.
WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, Bonito Gourmet Sushi, LLC, submitted Application No. PB-17-015 to the
Planning Board requesting a Special Use Approval to operate a general restaurant at 5738 Sunset
Drive, within the Special Retail "SR", Hometown District Overlay "HD-OV" zoning district; and
WHEREAS, the tenant will actually occupy the tenant space located at 5744 Sunset
Drive, which is located in the existing one-story building identified as 5738 Sunset Drive by the
Miami-Dade County Property Appraisers Office; and
WHEREAS, the applicant proposes to operate a general restaurant use in a space
previously occupied by an "ice cream parlor"; and
WHEREAS, general restaurants are pennitted as a special use within the Special Retail
"SR", Hometown District Overlay "HD-OV" zoning district and are subject to meeting the
general conditions specified in LDC Section 20-5.8 and subject to meeting the special use
requirements set forth in LDC Section 20-3.4(B)(4)(b) for a general restaurant; and
WHEREAS, the applicant's restaurant special use meets the special use requirements set
forth in LDC Section 20-3.4(B)(4)(b) which are:
1. 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 pennitted.
iii. The City Commission shall review and recommend approval, disapproval or
modification of all site plans and project specifications for this special use pennit; and
WHEREAS, the Planning and Zoning Department has detennined that the applicant's
restaurant special use does not meet the parking requirements for the Special Retail "SR",
Hometown District Overlay "HD-OV" zoning district and the shortfall must be addressed; 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, at its June 13, 2017 Planning Board meeting, and following a public
hearing, the Board reviewed application PB-17-015 and voted five (5) ayes, zero (0) nays to
recommend approval of the request for a special use to operate a general restaurant with
conditions; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Pg. 2 of Res. No. 148-17-14949
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Special Use Application (PB-17 -015) submitted by applicant Bonito Gounnet
Sushi, LLC to operate a general restaurant at 5738 Sunset Drive, within the Special Retail "SR",
Hometown District Overlay "HD-OV" zoning district is hereby approved. This approval is
subject to the following terms and conditions as well as all applicable City ordinances, codes,
rules and regulations:
1. Applicant shall address parking space deficit prior to the issuance of their Business Tax
Receipt;
2. 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;
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 specifi~d a longer approval period for good cause;
4. 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;
5. If required by the Code, any and all exterior renovations or modifications for the new
establishment may be subject to approval by the Environmental Review & Preservation
Board (ERPB); and
6. 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.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 12th day of, _---=J::....:u=l::.....y'---___ , 2017.
Pg. 3 of Res. No. 148-17-14949
ORM, COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
THE CITY OF PLF.ASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITV MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA: Jane K. Tompkins, AICP, Planning Directo~..q
From: Steven Alexander, City Manager
DATE: July 12, 2017
SUBJECT:
\ .
Agenda Item No.: 15
A Resolution relating to a Special Use application to permit a General Restaurant use at 5738
Sunset Drive.
BACKGROUND:
Located in the Specialty Retail liS R" , Hometown District Overlay "HD-OV," the applicant is proposing
to open a new general restaurant use in the tenant space located at 5838 Sunset Drive which was
previously occupied by an ice cream parlor. Pursuant to the regulations listed in the Permitted Uses,
Section 20-7.12(A) of the Land Development Code (LDC), a special use permit is required for the
operation of a general restaurant.
REQUEST:
Bonito Gourmet Sushi, LlC, the applicant, is requesting approval to operate a general restaurant out
of the tenant space located at 5838 Sunset Drive.
ANALYSIS:
Pursuant to the Special Use Conditions, Section 20-3.4 of the LOC, 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:
• Pursuant to the Miami-Dade Property Appraisers Office, ~he property is identified as 5738
Sunset Drive. A one-story building presently resides on the land, which has been divided into
multiple tenant spaces. The tenant space that will be occupied by the proposed general
restaurant will be 5744 Sunset Drive, which was previously occupied by an ice cream parlor.
• The existing one-story building is near similar restaurant uses to the north (Buffalo Wild Wings),
to the south (Town Kitchen & Bar), and to the west (Buns & Buns, Starbucks, Dr. Smood).
• The attached Floor Plan indicates that the tenant space has a gross square footage of
approximately 2,057 square feet, which will be utilized for the following patron/non-patron
areas:
a Patron Area: 1,157 S.F.
a Non-Patron Area: 900 S.F.
Special Use -General Restaurant 5738 Sunset Drive
July 12,2017
Page 2 of 5
As shown on the attached Site Plan, sheet A-101, the applicant is proposing to renovate the tenant
space 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 ANAL YSIS
Pursuant to Section 20-7.12{A) of the LOC, 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:
Patron Use Parking Space Requirement
1,157 &-.-F-. 1 Parking Space
1 x ' 100 &-.-F-. = 11.57 Parking Spaces ~ 12 Parking Spaces
NO':1-Patron Use Parking Space Requirement
900 &-.-F-. 1 Parking Space
1 x 300 ~ = 3 Parking Spaces
Based on the calculations listed above, the proposed general restaurant will be required to provide
a minimum of fifteen (15) parking spaces.
As indicated in the parking space lease agreement for the previous tenant, credit for approximately
two (2) off-street parking spaces was granted to the previous ice cream parlor. Because of that, a
similar credit can be applied to the proposed general restaurant. Additionally, there is one (1) on-
street parking space that is adjacent to the tenant space. Pursuant to Section 20-7.6{B){1) of the
LOC,
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, once the parking space credits have been applied, the total amount of available
parking spaces for the subject properties is three (3) spaces. Once applied, the proposed restaurant
will have a parking space deficit of twelve (12) parking spaces. To meet the minimum required
parking for the proposed general restaurant use, the applicant would either have to pay into the
Hometown District Improvement Trust Fund l,OOO/parking space deficient or obtain a Special
Exception waiving the deficient parking spaces. This requirement is consistent with the following
LDC sections:
Special "Use -General Restaurant 5738 Sunset Drive
July 12, 2017
Page 3 0/5
• Section 20-7.6(C)(2)(b)
If there are fewer spaces provided than required for existing buildings, the applicant
may: obtain a special exception waiving the number of additional spaces required in
accord with the process set forth in Section 20-7.51 of this chapter; or pay into the
Hometown District Improvement Trust Fund a fee as set forth below.
• Section 20-7.6(C)(2)(c)
The fee payment into the Hometown District Improvement Trust Fund for each space
required but not provided shall be one thousand dollars ($1,000.00) per parking
space per year payable at the time of renewal of the occupational license. This fee
may be adjusted periodically by the City Commission as appropriate.
At this time, the applicant has informed staff that they would like to mitigate the deficit in required
off-street parking spaces by paying into the Hometown District Improvement Trust Fund.
SPECIAL USE ApPROVAL
After review of the project, the proposed general restallrant 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 LOC,
respectively, inl that the use:
• Is compatible and complementary to the existing uses within the surrounding areas;
• Shall provide only inside or patio service; Public streets, rights-of-way, sidewalks and
required setbacks may not be used for patio or street-side services of any kind;
• No services of a drive-in or of a fast food nature shall be permitted; and
Furthermore, the requested special use does not conflict with the Comprehensive Plan and
complies with the LDC requirements set forth in Section 20-5.8{B)(1} of the LDC in that the use:
a. Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use,
b. Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c. Complies with all other applicable Code provisions.
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.
PLANNING BOARD ACTION:
After the public hearing held at the Planning Board's June 13, 2017 meeting, the Board
recommended approval of the application with a vote of 5 to o.
Special Use -General Restaurant 5738 Sunset Drive
July 12, 2017
Page 4 0[5
RECOMMENDATION:
It is recommended that the City ·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. Applicant shall address parking space deficit prior to the issuance of their Business Tax
Receipt;
2. 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;
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;,
4. 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;
5. If required by the Code, any and all exterior renovations or modifications for the new
establishment may be subject to approval by the Environmental Review & Preservation
Board (ERPB); and
6. 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.
ATTACHMENTS:
• Application, Dated May 4,2017
• Letter of Authorization from Property Owner, dated May 3,2017
• Letter of Intent, dated June 1, 2017
• Draft PB Meeting Minutes Excerpt, dated June 13, 2017
• 5744 Sunset Drive Parking Fee In lieu of Space Agreement, recorded April, 15, 2011
• Mailing Label Affidavit w/Location Map, dated April 26, 2017
• Notice of APplicant MaHout Affidavit, dated April 26, 2017
• (tty Notice of Public Hearing
• Applicant Notice
• Legal Ad
• Sketch of Boundary Survey
• Site Plan, sheet A·101
City of South Miami
Plannzng & ZoningDepartm.ent
City Hall. 6130 Sunset Drive, South Miami, FIorida·S3143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application for Public Hearing before Planning Board & City Commission
Address of Subject Property: 5738 Sunset Drive, South Miami Lot(s) 36 Block 54 Subdivisio~
Florida, 3314~ .. PB ~':' 198 .
Meets & Bounds.: For complet~ legal descnption,please see Exhibit "A" attached hereto
Applicant: Bonito Gourmet Sushi LLC Phone: -
Representative: William W. Riley, Jr. Esq. Organization: Gray Robinson, P A
Address: 333 Sf; 2 Avenue, Suite 3200, Miami, FL 3313~ Phone: (30~) 416-6880
Property Owner: Seven Skies Company NV Signature:
Mailing Address: 1172 S D~ie Highway #360, Coral Gables, Phone:
FL33146
ArchitecUEngineer: 2+ Architects Phone: (305) 619-3277
AS THE APPLICANT., PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
40
Owner _Owner's Representative. Contract to purchase _Option to .purchase ~ TenantlLessee
AP~L.ICATION 1$ HER.EIIV MADE FOR THE FOLLOWING: SUBMITTED MATER~LS
. t..
PLEASE CHECK ALL THAT APPLY: PLEASE CHECK THE APPROPRIATE ITEM:
-Text Amendment to LDC _Variance -L~tte;' of inten~
_ Zoning Map Amendment 2L Special Use _ Justifications for change
_ PUD Approval -..:.. Special Exception _ Statement of hardship
_ PUD Major Change _Other (Waiver of Plat) _. Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code. sections: ~ Contract to purchase .
_ Current survey (1 original sealed and
To allow for a restauraf)t exceeding thirty (30) seats . ·signedl1 reduced copy.@ 11" 'x 17")
_ 15 copies of Site Plan and Floor Plans
City Code 20-7.12 -Permitted and Special Uses and Parking ReqUirements 24 x 36", 1 reduced copy@ 11" x 17"
Affidavit-Receipts attesting to mail
~ notices sent
Section: __ Subsection: --Page#: __ Amended Date:
., . -,-Mailing labels (3 sets) and map
_ Required Fee(s)
s read this completed application and represents that the information and all submitted materials are true and
t . pplicant'sImowIedge and belief. ..
05/04/2011-
. Date
A (.,f,Qro tt:NG ya
Print Name
Upo receipt a plications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applic Ie r ations. Applications fO\lQ.d 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
I ;.
!
<, I
'G RAY I ROB INS 0 N
ATTORNEYS AT LAW
305·4 J 6·6880
WILLlAM.R1LEY@GRAY-ROBINSON.COM
VIA HAND DELIVERY
Ms. Jane Tompkins, Planning Director
City of South Miami
Sylva Martin Building
6130 Sunset Drive
South Miami, Florida 33143
June 1,2017
Re: Applicationjor Special Use Permit
333 S.E. 2ND AVENUE
SUITE 3200
MIAMI, FLORIDA 33131
TEL 305 -416-6880
FAX 305-416-6887
Property Address: 5738 Sunset Drive, South Miami, Florida 33143
Dear Ms. Tompkins:
BOCA RATON
FORT LAUDERDALE
FORT MYERS
GAINESVILLE
JACKSONVILLE
KEY WEST
LAKELAND
MELBOURNE
MIAMI
NAPLES
ORLANDO
TALLAHASSEE
TAMPA
Please accept this correspondence as our first amended letter of explanation in support of
the attached public hearing application concerning property located at 5738 Sunset Drive, south
Miami, Florida 33143, which is more particularly described in the property survey attached
hereto (hereinafter referred to as the "Property"). This law firm serves as special land use counsel
to Bonito Gourmet Sushi, LLC, a Florida limited liability company, the tenant of the Property
(the "Applicant"), By and through the attached application, which is submitted in accordance
with the City of South Miami Land Development Regulations, the Applicant respectfully
requests a special use pelmit to allow for a restaurant as depicted and described in the proposed
site plan/floor plan attached hereto and incorporated herein.
The Property was fonnerly occupied by Menchie's, a frozen yogurt shop. The proposed
use of the existing retail bay will be similar to the previous yogurt shop. The Applicant is
respectfully 'requesting approval of a special use pennit to operate a modest restaurant by' the
name of Kappa Rolls + Bowls. The owners and operators of the proposed restaurant have been
restauranteurs for over twenty (20) years with eleven (1.\) traditional style sushi restaurants in
Sao Paulo, BraziL In fonnulating their plans to expand their business to South Florida, the
Applicant created a business concept that provides the highest quality of sushi in a nontraditional
setting that allows the customers to build their own dishes, similar to the Chipotle style of casual
dining.
www.gray-robinson.com
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GRA VROBINSON
PROF'ESSIONAL ASSOOIATION
Ms. Jane Tompkins, Planning Director
City of South Miami
William W. Riley, a Shareholder
Page 2
Kappa Rolls + Bowls, which currently has one location in the City of North Miami
Beach, is truly a progressive concept in casual dining. As you walk up to the counter at Kappa
Rolls + Bowls you fmd a sea of ingredients and the possibilities are truly endless. Kappa is a
kind of salad bar for your sushi roll or rice bowl meals. There are about 10 protein varieties and
just as many vegetables and fruits that allow for a simple, yet multiple variety, menu.
The restaurant, if approved by the City, will have approximately i,440 square feet of
patron area and 617 square feet of non-patron area, primarily comprised of back-of-house areas.
The proposed build-out has been designed as an open floor plan that provides for natural light to
fill the interior space. The light and airy feeling of the restaurant will also be complemented by
natural finishes that provide for a modem, yet causal, ambiance. The Applicant has designed the
interior space as a spacious relaxed and friendly dining experience not a crowded room.
Based on the foregoing and the supportive documentation attached hereto, we
respectfully request your support for this application. Thank you for your consideration ..
Very Truly Yours,
Gray Robinson P.A.
\ il,.r i ////:}j'
By.' '/ ./' v/ / f----
\."", / Willi(~ W. Riley, a Shareholder
# 2445577 vI
VIA HAND DELIVERY
Jane Tompkins
Sylva Martin Btjilding
6130 Sunset Drive
South Miami, FL 33143
May 3, 2017
Re: TellalltAlItilorizatioll to Submit Special Use Pel'mit
Dear Ms. T9mpkins;
Please be advised that the underSigned is the owner of the property located at 5738
Sun~et Dri~) South Miami, F~otida 33143 ("Property"). The intent of this cQrre!lpond~nce is to
authorize Bonito Gourmet Sushi, LLC, a Florida limited Iiabmty company and tenant at the
Property to sllbmit a Special Use Permit application in brder to aUo\v for a restal,mmt ex.ceediIig
thirty (30) seats.
TIlanIc you for your attention to this letter.
STATE OF FLORIDA
COUNTY OF MlAMI-])ADE
SEVEN SKiES coMPANY NY, a foreigrt profit
cOq>Oration -.' ~
By: ~J .
~
Title: lv\c\y\ [~(
Sworn!~ ~r af~~d) and subscribed before me thiS~. day of MA'L, 20U, by C-e ( 1\ \tA.. \Lx vt,a. ,PersonallyKno;;T ORPrpduced
Identification .)( . Type ofIdentification Produc d t\l)t\ d\\ \Ji\;'f)r~ Lt(t(\~ ,;
~~~C~
~of~~\ lOUIS UEL BMIRIOS.BALBI ~~t:) MY COMMISSIOt-l #FFH11121 Name of Notary Typed, Printed, or Stamped
~O;fo.<t-" EXPIRES December 4. 20Hl
/407j39'8{,153 FlorldaNolillySel\liCe,CQm
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, June 13, 2017
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A-5, requires that off lobbyists, as defined in that section,
must register with the City Clerk before engoging in any lobbying activities and in most cases pay an annual fee of
$500.00 and an additional $100 for each additional issue. This applies to.off persons who are retained with or
without compensation ta influence any action, decision, recommendatior:(oj.someone with the city, including the
city manager, city attorney, deportment heads, city personnel, or merrifj¢f~;()f the city commission or members of
any city board, concerning a matter that could foreseeably b.e;'ad~f~SS by the city commission or a city
board. There are some exceptians and exemptions. The fq{jqWlri'aV~rf:, not considered to be lobbyist: a
representative of a principal at a quaSi-judicial hearing, exp~[,ts'W/ii6 pres~ht$(:ientific or technical information at
public meetings, representatives of a neighborhood ass9,c;}titfbn without co;;~'~I:!~ation and representatives af a
not-jor-profit community based organization for the pU/:P9~~'of requesting a grdnt;ityho seek to influence without
special compensation. ~;;m~~" ';~;{1;;'· .
.... ::;)~::{:<:;,:~ . ':;~:;:;:,:;.,
'\\f;; ...... /,;.'/ ..'C;jt;;,n,,,,.
Individuals who wish to view or listenJQ.the meeting in'I~,~n~lr~ty; audio and vide:&~y~rsions of the
meeting can be found on the city's w~~~~t¢\(www.south~i~ffiifl:gov). ,,"
I.
II.
Call to Order , ,
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Roll Call . ";'i~?;\t;J";";li>:'
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Boar(hM~i:l1b~tS~J~JesentCon:s.tjtutlng'~1\Qvoruni:'J)r. Palmer (Vice Chairwoman), Ms. Fischer, Dr.
p~lfiM'£~K~Ah'f~"lgt~~ Gl'~~~:,"~%hj,,;:"'"
BoafdiMembers AbsenttiJV1r. Basu'(Chairman) and Mr. Melow. '<~'~i·,!~t\., <~l\l'\\; 'n1tit'i:;;;'
City Staff"Pte~ent: Ms. Jah'&UTompkins (Planning Director) and Mr. Marcus Lightfoot (Senior
Plan ner /Zon i1R~~~qr,n i n istrato5~~\~:
: f·>~\j;·· ~p.t~,~<~/
City Staff Absent: '~W~;p')$,'
City Attorney: Mr. Thomas Pepe
III. Administrative Matters
None at this Time
IV. Public Hearings
1
1. P8-17-01S
Applicant: Bonito Gourmet Sushi, LLC
A Resolution relating to a Special Use application to permit a General Restaurant use at 5738
Sunset Drive.
Applicant: Bill Reilly
Mr. Lightfoot presented the staff report for PB-17-015,
Mr. Reilly presented the project to the Board,
.(*~~;.:-.
Dr. Palmer asked if the restaurant will be using outdoor s .",.~~, to which Mr. Reilly stated "no."
Dr. Palmer asked for clarification on the six (6) mO!JP~:;~P
Land Development Code (LDC) which states thef?fl~~ihg:
. Staff read Section 20-S.8(C) of the
''';, ~ ·:;~E~~::·::. ," ". . ... ,.~' .
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An approved special use shall lapse 9ltfi!J$iX (6) months if nd':fi:ijJ,t.t~r building permit
which implements the special use ':'"'' ificate of occupanC}/'h~$l?een issued for
such use and if the city commission t specifieJl,p long'er a$iJi/{fj pi period for
good cause. . ":*,r .
Mr. Lightfoot then explained t~,,;;" I)jng behindcQ."jtion #2, He also stated that in previous
special use cases, staff has' tak~iJ:~iiJeffi~:t:).ij~k to the\@it~"Commission for an extension when
needed, 4<,· ···i,'i·</k:,;:,.,+/;;'"
.:.:. ":'::'" ··<:;.::/~2;~.~:;.~ ";.~":. ~:t~:~:Y:~~\~i~:~;~~:~;;~~!~~;C '!~~!~~~t!~;~f ~ie:~~~~~~:~~~~O~~
eliminated in the Lj)€~'tewrit "
.,' "~'(L~:;~~'; ..... what'h~~jF~:c~~~~ndation would be on PB~17-015. Ms. Glavey
d that she";W8:~1~'reco ;.[Id appro~~~r&f.PB-17-015 and adjust the parking requirement in
metown Distfi~J;guring'tfi.~;bPc Rewrite, She would also add language that would make it
easl ,.', allow one (l)''p''j use tdiiqe:s:ranged to another retail use, She concluded in saying that
by ma this change, ''I auld ailiiC(, for faster occupation of the vacant storefronts in the
HometovJnf "Istrict,
"'t'\ii);i,!\}".
The Vice-ChairVJ:'.)~d the floor to public comments on PB-17-015 .
• None at this Ti~~~t/
The Vice-Chairwoman closed the floor to public comments on P8-17-015.
Motion: Ms. Fischer moved to approve PB-17-01S. The motion was seconded by Ms. Kahn.
Vote: Yes 5, No 0 (None)
Ms, Glavey: Yes
Ms. Fischer: Yes
Dr. Palmer.: Yes
Ms, Kahn: Yes
2
Dr. Philips: Yes
3
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Planning & Zoning Department
'6i30 Sunset Drive
. South Miami, Florida .33143
Ph: ·30576~3-6326
Fax:305-6(i8~ 7356
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.·OR Bk 27655 P9S '0918·-'919; (2P.9S)
RECORDED 0411512011 '14:24:: H .
HARVEY RUVIthCLERf. .OF COURT
. nIAMI -DADE COUNTY; flORIDA
P ARKiNGFEE.IN LIEU OF SPACE AGREEMENT . .
. . . . . .
· 'Jbeapproval' o~ a Building Permit, a Certificate 'of u.se,· a: Certificate of OCClJpahcy
, or anOccupatiomtl License. by. the City .. of ·South Miami'. fOf.: the operation of a
. corifectionaiyor ice cream parlor·use(the.~'Busine~s"}:located· at 5744: Sunset D~ve;
SQuth' Mi~Ii1i,Florida . which sp~ce. is within: the:H':iIIl~toWxl Pistd~t Overlay Zonirig
district'~d i!; 10cate4 on the. ·giound·flodr of a builditigat. 5744:·S\.iil.set :Drlve (the.' "
.' "Building"). is . condItioned JlpPD.: the"applicant~s' complian.6e ,with the te~s". set,forth: . '. :.' .' ' ..
. . below.' .'.' , ' ""' .. ".:'.. ' .. ,.... .' . ........, " ,.... , ' .,' .': ' .
. ' .... The. openitQf' of"Menchie;s"·b·~me~s:fu1.ly "understarids:'that i~ order .·to ob.tai~'·a ..
Building Perlnit, .·a Certifi~ate·· of Use;.a . Certificate' (i. Occ~p~~y; . or 'an I Occupational ... .
. License':td operate the Business,.the conditions 'established in' this a:gf~eineiit, ·~·set forih .' .. .
: beI6w~·. ~us( be ~tri~tly' co'mplied' with." As the duly .. !luthorized ~fepf.esent3tive of the .
, Business Lagree to, th~ following: . '. . .. .... . .
· '.1;' The use of space~t 5744 Suns~t bri~~ :(2;112 iqll1ite f'~et) for'a ~o~ectionan' or:
.... lce cream parlor tequir¢s the provision 'offQut1een :(14) off-str~efparldng, spaces. . .
:whichjs based upoilthe parking' teqUir~m~rit ofone,sp.iice for everY:150' squar~
feet of gTO~S floor aiea~ .'... . .... .. . . .'. . . .
. . .' . ".
; .~ .
: ...
" ." .
. . "':.,
'.' , ... ' .
.... '. . : ...... .
....
· ':. 5! The ~de~si~ed· bUi;ujess oWIi~r ~nd ~y: succe.s~~~ in .int~re~t. ~~ee~' to pay l~to·. '. ..: .... '.' .~
'. ..the tIQinetown t>istrlctOlmpf(>vemel}.t-Trosf }\tnd the !iIlllu~il: . fe~ of:$1 ,0.00 lor·, .
·~~ch:p~k.ing space that is not being provided;: '. ..'.... ',.' .' ..
-• ". I ': .'. -. .' " • .:.:. ~. • •... .' •
· .6. ··The ;Cjty~gi-ees.that·!tS 10Iig.:~"~· .. sin~~s.: ~dlwres·io,·th~:jritenf·9(thls.:". :).< ..: ..
Agfeeme~t ~d' ~es .the.:·.pfO~ . U.· . t1onary.··Of.jce 9rearii.~·parloi'arid·· .. '~." .: . . . ,. ~ ~~'.M···· . ' ...... ,. '. .. .' .,. . .. .. '.' .' ."
.otherwise complie~. willi the .:De 0 . t ·Co~e··the.City ~hall:p~rinit-the :> ... '.' .' .
. ' ... .bili;in~ss t()'()~enite; anhatlp¢.' ~ : ,,'.: . '.,:, . :. ," .' '. .'
( .. '. .'
'I, ' .. ' . , : ..
..... . ,"': " " ..
.. •...
", .
. ,',
. .::~. :
" . "
.2
bR·Sk 27655 p~ 0919.
'LAST .PAGE
7 . .In the event, the.property ~eases to be used asa confectionary ~r ice:Jr~am p~rl~r'
·for a period of six months or more, 'the City. may immediately termmate ·this
. Agreement; .
. . 8, This'. agreement applies' Qnlf to 'the CUI.T~nt :typeof ·bwiine~s· which is a
. . ~onfectionaiy or ice cream parlor;
9, Yearly renewal of the Occup'!-tionar License fo{·the· b.usi~ess shalCinclude
-reference to this· pat1.cing fee' .in lieu· of space ·agreew.ent; .. '.' . . . .... : .' . .' .
. : ··~o.·~hi~ ··~gree~~~t. inaY.be··t~cord~d·~t .. ~e:APPUc~~t's· expens~ 'in .ili~:··6roc~aJ ;
. . . ·.p':lbJi~ records'.boQkofMiami~Dade County .. :. ,'. ,'. .' .
. ,
......... 'Approv~d ~y: .. :, ..... ,.' ' ...... "." -" ", ...
. ~ity 'of S9~th Mi~i·. . .'
.: .....
" ..
.. ~ .......... .
. '. ". ~. . ..... ' '. . :'. '".: ~ :.' .' ~. . .:' . ~ . .' . ~ .
. BY:·~ . Qate:·'.''' ~/5.-,./,/,:> .. '.':: .. :>.' .. ' .. !
HecdQr Mh:abil~~. Ph.D '. :. : . ..' '. ,I
. :. CitY.1~·1ii..Qager. ., . . c." . . ., . ,.:.:' .:
. . ."
...... c.6;l~S .~~·:TIri~.:·DO_NT· mLL-ilE J(Eln~.IN:Tfm '~~~~~~Jf¢~S oi IWt:: . .::..···:·~ .::;:... I
..... 'PLANNING . AND, 'ZONING :·DEPARTMENT:'·AND'THE 'BUlLDING: D;EF.ARTMENj'·:·'·, .. : .. :.;. \ '. AND .. _·;· iN:' ,THE-. : ()(;.CVrATIONAL .. ·.:ikcEN·SE·-::. ~iLES . <iN':·.' .i'~:">F:~ANc~/: . ::. .. ' I
: ·'Q~rARr~Nr.·· ..... ~... ". .. ,'. . .... ,. ". ":, -;::~.' .. ;' .. :'.' .... < .. ,.'.<: ... '.:, '.' I
," ,.: ... :' .. ~.~. .'; .. !'~ •. /:'.'~ .....•.. ~-..• :: .•. :~:.:: ',: . :':: .. :' . .;'" .' .; -. . ' .... .' . '; .:', ';. :':"~' .. ".:'. : .... --.
?:)Jl~r'iilng 9i-Sj;ets7~4.;u.ns;'.Drive ~ fd't~ng Fe~ !l.g,eeme!!l.d~9'. . . . ;:0.:'.:' ':,:' " :. r ,. ., •• ' •
':. '. : ... ' .. : ' .. :" . '. . . .' . ;'/)idi£4:.~P·.';Y-ois.:n.er of,.4(!12{JJ}: ... :
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, ,:; /; :',' rj~~''':':~'~\> '", ;~.;;> :::':': ,:" : :,~ ': {
"'1' ",d,eY~loptm,eht, ','_ ~~
~:",_::, :(esol,Jn:;'e'.$., "';>~' :,:'''':<:
public notification packages I lists of property owners within a specific radius + radius maps + mailing labels
rdrmiami.com ! diano@rdrmiomi.com I 305.498.1614
April 26, 2017
City of South Miami
Re: Property Owners List within 500 feet of:
SUBJECT: 5738 Sunset Drive, South Miami, FL 33143
FOLIO NUMBER: 09-4036-022-0050
LEGAL DESCRIPTION: 365440 W A LARKINS LOTS 4 &5 LESS W5FT & LOTS 67-68-69 LESS
W5FT & S1 OFT FOR ST
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
C""',
?:»~
RDR I Diana B, Rio
Total number of property owners without repetition: 93
Rio Development Resources, LLC ("RDR'J has used its best efforts in col/ecting 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,
, '
public notification packages I Ests of property owners within a specific radius + radius maps + mailing labels
www.rdrmiamLcom I diana@rdrmiami.com ! 305.498.16 i 4
500' RADIUS MAP
SUBJECT: 5738 Sunset Drive, South Miami, FL 33143
FOLIO NUMBER: 09-4036-022-0050
LEGAL DESCRIPTION: 36'5440 W A LARKINS LOTS 4 &5 LESS W5FT & LOTS 67-68-69 LESS
W5FT & S10FT FOR ST
public notification packages I lists of property owners within a specific radius + radius mops + rriailing labels
rdrmiomi.com I diana@rdrmiami.com I 305.498.1614
April 26, 2017
City of South Miami
Re: Property Owners List within 500 feet of:
SUBJECT: 5738 Sunset Drive, South Miami, FL 33143
FOLIO NUMBER: 09-4036-022-0050
LEGAL DESCRIPTION: 365440 W A LARKINS LOTS 4 &5 LESS W5FT & LOTS 67-68-69 LESS
W5FT & S 10FT FOR ST
I hereby certify that I have received the attached mailing list of all property owners within (500)
five hundred feet of propert legally described as SEE LEGAL DESCRIPTION ABOVE. I affirm
the notices were maile on M 12,2017.
J
RDR I Diana B. Rio Y-'---::...1--:'~-~::..-..,"-"""",;"",,
Total number of property owners without repetition: 93
State of: Roci'dot.
County of: fv... i""""'~'-V4J~
BEF9RE ME: an officer duly authorized. to take acknowl~dgments, on this
f'\fA'1 . personally appeared /J1(A<fI':" 6",11",0, a.<; l> who
known to me or who has produced FL pi. BOt>O·~i"'Z.·" b"l ~''1'j;J .... Co>
identification and who did take or did not take an· oath, who executed the foregoing,
executed the same freely and voluntarily for the purposes therein expressed.
15 i " day of
is personally
as
and
!r;u/
Notary Public
I t::+" .L "~ Dat~d this _--,--'/~ __ day of _~/-,-V\. -&"-1-1--, 1...0 ,·-r-
Commission Expires: _·;z,~J_(_3_1_'_l,,_':>_"'~'~_
Seal Mario Cepero
NOTARY PUBLIC
::lSTATE OF FLORIDA
' __ .....",.~ Comm# GG072520
WCE1''''ti Expires 2113/2021
Rio Development Resources, LLC ("RDRj has used its best efforts in col/ecting the information published in this report and the
findings contained in the reporl are based solely and exclusively on mformation 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 al/ (osses, damages, liabilities and expenses which can be claimed against RDR caused by or related to this reporl.
I
1
I
~
1-
NOTICE OF P"[JRLJIC IrfEAIlUNG
CITY OF SOlUTH MIAMI
Plarming and Zoning Department
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663-6326; Fax #: (305) 668-7335
On Tuesday, June 13, 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 t..l-].e above address on the
following item:
1. PB-17-015
Applicant: Bonito Gommet Sushi, LLC
A Resolution relating to a Special Use application 11:0 permi1l: a General Restaurant
use at 5738 Sunset Drive. .
SW72NDST
(J) fA ~ s:lOO ~ en ~ ~ ......
:t .....
0 :t
.J> -i <
mil m
SW73RDST
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 Pianning 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 bearing, 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.
NOTICE
Dear Property Owner:
The tenant of the property located at 5738 SUNSET DRIVE, SOUTH MIAMI with a folio
number of 09-4036-022-0050, which is within 500 feet of your property, has submitted an
application to the Planning Board/Local Planning Agency of the City of South Miami for a
special use. This request onlv affects their property. It does not affect your property.
However, the applicant is requested to notify you of their request:
TO ALLOW A RESTAURANT EXCEEDING THIRTY (30) SEATS.
LEGAL DESCRIPTION:
A PARCEL OF LAND AS DESCRIBED IN DEED BOOK 3632, PAGE 97, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
LOTS 4, 5, 67, 68 AND 69. LESS SOUTH 10 FEET OF LOT 69 AND LESS WEST 5 FEET OF LOTS 5,
67, 68 AND 69, W.A. LARKINS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 3, PAGE 198 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
A public hearing will be scheduled at a date yet to be determined by the city. You will
receive a separate notice for the public hearing.
All interested parties will have the opportunity to be heard. Objectors and other interested
persons should also be aware of their right to attend the meeting and to speak for or against
the requested variance. They may use any documents, graphs, charts, photographs, etc., in
making their presentation.
For further information contact Marcus W. Lightfoot, City of South Miami Senior Planner at:
305.663.6331 or MLightfoot@southmiamifl.gov .
MIAMI CAlLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Ftorida
. STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undefsigned 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) newspa.per, 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 -MEETING DATE CHANGE -JULY 12,
2017
in the XXXX Court,
was published in said newspaper in the issues of
06/30/2017
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 cQl]tinuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) an'd has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the advertisement for
(SEAL)
MARIA MESA personalty known to me
SUNDAY JULY 2 1017
MIAMIHERAlD.CDM NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
(MEETING DATE CHANGEI
NOTICE IS HEREBY given ltuU' Itt..! City Cnmntisj:ion of the City of StlUlh Miami. IiJ,nidB will conducr
Puhhe Hcaring(~J 6t its resul", City Contmi:.siCtR mt'tring scheduled rnr WedD9Wj'Y July'" ?O". beginning .. :lt
7:00 IUI1 .. in the City C,lmmiAAinn Ch:\lnlte~. (,130 Sunset Drive, ltl consider dIe ronowiog ilfrnt~):
A RCllnlution 3udJnriziDl! the City ManaBCt to enter intn a mUlli-yc:v conlnttt fur dl)wide phone SC!.,ic~
\\ilh WiudsnC:U11 for:t It'rm nm to c,'~cccd fi\'c (5) CODSt:'cufive !'031$.
l\. R.::snlutJon 11uthoriz.illl !he Cit)' ,M1UI8gcr 10 C'ACCuh.-" live (51 ).:nr lnhsrlucm .. o\gn:cmcnl wilh
Miami-Dnd.;: Count)' .uu:I Co.P'ermiuCG:t "'£ tbe Nolion"l PUnUIAnl Di\chOlglo!' ElimiDalion S~I""m fNPDE.C;,
pemul p"'gr;\m for pollulionn lUouihlrin •.
,\ Roohnirn aUlhnrl)!:hl& th~ C:ilY Mftnftg.~ 10 Qward i\ Oplt f 1) year emJlr3t't wilb an optlou-lc>-tentW (ar
rau, (41, one (Ii yf'3r ptriotk 10 OMller Mi.,mi Calft"en. Inc. (''OMC"'') (ar the CiIY·5 ~oniflJ' pmg,mm
"'etkead dtli¥cry menl !cn'ice .
• \ Rt'Yllutinn 3u1bnrizintf, the Cit)' M:'InaJ.er h) ~!lD1i:Ui!' und If' enter inro 1I11U'~ (3) year OI,l"etmcnl ,,,jIb 3n
'1J1ino In flute\\-r01 3n Hdditinnal 1\0\'0) e:\[:s",,;th M:tinguy LundS\:Upe ScrviL'e$. Inc. (car lanclscaping &enict'$
(or Jr.I1b amJ pubbc righl-flf-wa,.· 8«":tS "1tbin Ihe Cit)'.
A Resnlurinn relating. If' :I VariBJ\\."e nprlicatiQu to r..-dUlt tbe :lmnuot qr required parkit1& IJ'xCJ far q
guncraJ fe"taur3nllcocatftJ lit 4000 SW 57 Avenue.
(~ R""iCllution re131iDC fa:. SpcdaJ Use uppll!:a.rioD It) ~mur n Gener31 Renaur.mt uS!:It:Ji J8 Sun~d' [)rh~
A R~nJttlion n:-hninp 10 d Spt.-c:i"l Psc applj~Qtion 10 (lC'rmit tt General RcSlaur.m1 Ult I'" 7316 sw
S7l\\/tmue.
ALL iD1er~tI!!d pwt,t"!t nr ... irlYit~ In artend Itnd ""ill ~ he:u'd.
f(lt funbcr Information. plen.:.t' com:act the Cily at'rk'~ Offi ... "C' oal: .l\l5-663·6:L10.
Marth M. Menende1., CMC
CityO<rk
Pursuanl 10 floridA SI:l.IU'" 266 (11 OS, I~ City hereby advises lhe public tbar ir It ~ decid~s 1~"1 ~pptal 3n)' deci:.inn
made by lhi$ Board. :\ •• "ftIl!'y ('I( Commi!t5inl'l whh m;peer to aoy m:ula-C'tmJlider£\J a~ ils lneelin: or hearing. he or !the wm
~d 31'K'oni of tbe prl'KWdJng:t. :lIId Ihal rnr su.:h PUJ'['IOlIII!'. aff«leci rer.oon "lily n.:td 10 ~ns:ul\! tbal 0 wrb~im record of lhe
prncHdill15 h~ made" hieh rll!'ooru iJlcluJe!lo 1he 1C!"tUnony Dnd ~\idtnC'e "lKJn which the appeal b In lie b;t.\t!d.
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products offered through ULS and Ef leg"y Insurante Agency llC in California, license no. Ol014n.
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~
Lorz , (P ... J, PC. ,n)
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AREAS TABLE
SITE PLAN
SCALE : !fa 1'-0'
CONTEXT PHOTOS
VIEW OF SUNSET DRIVE TOWARDS WEST VIEW OF SUNSET DRIVE TOWARDS WEST VIEW OF SUNSET DRIVE SOUTH SIDEWALK CLOSE,UP VIEW OF SUNSET DRIVE SOUTH SIDEWALK
o 111& ~ jP-11 ~ !~;
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SITE PLAN
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1701UPPAIO&I1W17
A-101