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Res No 149-17-14950RESOLUTION NO. 149-17-14950 A Resolution relating to a Special Use application to permit a General Restaurant use at 7316 SW 57 Avenue. WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), the applicant, Chill-N South Miami, LLC, submitted Application No. PB-17-016 to the Planning Board requesting a Special Use Approval to operate a general restaurant at 7316 SW 57 Avenue, within the Special Retail "SR", Hometown District Overlay "HD-OV" zoning district with the intent to sell confectionary or ice cream type items; and WHEREAS, a confectionary or ice cream parlor use is permitted by right in the Special Retail "SR", Hometown District Overlay "HD-OV" zoning district; and WHEREAS, pursuant to Section 20-2.3 of the LDC, ice cream parlors are defined as establishments where ice cream, frozen yoghurt and other frozen confections and beverages are sold to the public, and are generally served in disposable containers for immediate consumption on or off the premises, which have no more than ten (10) seats whether inside or outside. Any ice cream parlor having more than ten (10) seats whether inside or outside shall be treated as a restaurant; and WHEREAS, also pursuant to Section 20-2.3 of the LDC, a General Restaurant shall mean an ice cream parlor with more than 10 seats, whether inside or outside, as well as a business engaged in the sale of food and beverages prepared, served, and consumed primarily on the premises of the business, and where the design or principal method of operation consists of the following: Sit-down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non-disposable containers by a restaurant employee at the same table or counter at which said items are consumed; or Cafeteria-type restaurants where food and beverages are generally served in non-disposable containers and consumed on the premises. All such cafeteria-type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district. In either the case of sit-down or cafeteria- type restaurants, public streets, rights-of-way, and sidewalks may not be used for patio or street-side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises; and WHEREAS, in order for the applicant to operate an ice cream parlor with more than ten (10) seats whether inside or outside the LDC requires that it be classified as a general restaurant; and WHEREAS, general restaurants are permitted as a special use within the Special Retail Pg. 2 of Res. No. 149-17-14950 "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 permitted. iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this special use permit; and WHEREAS, the Planning and Zoning Department has determined that the applicant's general 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-17-016 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 NOW, THEREFORE, BE IT RESOL YED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: Special Use Application (PB-17 -016) submitted by applicant Chill-N South Miami, LLC to operate a general restaurant at 7316 SW 57 Avenue, 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 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; Pg. 3 of Res. No. 149-17-14950 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_ll_ly-"---___ , 2017. AP~)(r~ MAYO FORM, COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Edmond: Yea Commissioner Harris: Yea Commissioner Liebman: Yea .~ South{'Miami THE erry 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 Directopl# From: Steven Alexander, City Manager DATE: July 12, 2017 SUBJECT: Agenda Item No.: ~ A Resolution relating to a Special Use application to permit a General Restaurant use at 7316 SW 57 Avenue. BACKGROUND: Located in the Specialty. Retail IfSR", Hometown District Overlay IfHD-OV/' the applicant is proposing to open an ice cream parlor use in the tenant space located at 7316 SW -£7 Avenue which was previously occupied by a banking institution. Pursuant to Section 20-7.12 of the Land Development Code (LDC), ice cream parlors are uses that are permitted by right. However, per the definition of an ice cream parlor found in Section 20-2.3 of the LOC, Ice cream parlors: where ice cream, frazen yoghurt and other frozen confections and beverages are sold to the public, and are generally served in disposable containers for immediate consumption on or off the premises, which have no more than ten (10) seats whether inside or outside. Any ice cream parlor having more than ten (10) seats whether inside or outside shall be treated as a restaurant. At this time, the applicant is requesting special use approval to operate a general restaurant in order to obtain additional seating for the establishment. It is important to note that Section 20- 2.3 of the LDC also defines a general restaurant as: Restaurant, general: Shall mean an ice cream par/or with more than lp seats, whether inside or outside, as well as a business engaged in the sale of food and beverages prepared, served, and consumed primarily on the premises of the business, and where the design or principal method of operation consists of the following: Sit-down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non-disposable containers by a restaurant employee at the same table or counter at which said items are consumed; or Cafeteria-type restaurants where food and beverages are generally served in non-disposable containers and consumed on the premises. All such cafeteria- Special Use -General Restaurant 7316 SW 57 Avenue July 12, 2017 Page 2 of5 type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district. In either the case of sit-down or cafeteria-type restaurants; public streets, rights-of-way, and sidewalks may not be used for patio or street-side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be pravided far all patrons dining on the premises. Therefore, per 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: Chill-N South Miami, LLC, the applicant, is requesting approval to operate a general restaurant with approximately twenty (22) seats out of the tenant space located at 7316 SW 57 Avenue. 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 existing one-story building is 'near similar restaurant !Jses to the north (Buns & Buns), to the south (Cafe Pastis, Mojito Grill, Power Pizza), to the east (Chicken Kitchen) and to the west (Town Kitchen & Bar ROK BRGR, Taco Craft, RA Sushi, Miyako). • The attached Floor Plan, sheet PA-1, indicates that the tenant space has a gross square footage of approximately 980 square feet, which will be utilized for the following patron/non-patron areas: o Patron Area: 398 S.F. o Non-Patron Area: 534 S.F. o Common Area: 48 S.F. (Can be counted towards the non-patron area.) As shown on the floor plan, the applicant is proposing to renovate the tenant space to accommodate the use of an ice cream parlor. 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 LDC, the parking condition for a general restaurant is as follows: ! l I ~ I I f I l I l Special Use -General Restaurant 7316 SW 57 Avenue July 12, 2017 Page 3 of 5 • 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 . 398 ~ 1 Parking Space 1 x 100 ~ = 3.98 Parking Spaces ~ 4 Parking Spaces Non-Patron Use Parking Space Requirement 582 ~ 1 Parking Space 1 x. 300 ~ = 1.94 Parking Spaces ~ 2 Parking Spaces Based on the calculations listed above, the proposed general restaurant will be required to provide a minimum of six (6) parking spaces. As shown on the survey provided, the property has an existing surface parking lot with approximately thirty-seven (37) parking spaces. Of the spaces available, four (4) parking spaces in the lot were previously allocated to the banking institution. Banking Institution Parking Space Requirement 984 ~ 1 Parking Space 1 x 300 ~ = 3.28 Parking Spaces ~ 4 Parking Spaces Accordingly, a parking space credit of four (4) spaces can be applied to the required parking for the proposed use: Once applied, the proposed restaurant will have a parking space deficit of two (2) 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: • 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. Special Use -General Restaurant 7316 SW 57 Avenue July 12, 2017 Page 4 oi5 • 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. Because the property owner has verbally indicated to staff that no additional spaces in the surface parking lot would be allocated to the proposed use, the applicant would need to mitigate the deficit in required off-street parking spaces by either paying into the Hometown District Improvement Trust Fund or obtaining a Special Except jon from the City Commission. It will be required that the applicant address the parking space deficit prior to the issuance of the Business Tax Receipt for the business. 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. 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 7316 SW 5 7 Avenue July 12, 2017 PageS 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 Conditiot")s 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 I 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. AnACHMENTS: Application, Dated May 12,2017; Letter of Intent, dated May 12, 2017 Letter of Authorization from Property Owner Planning Board Meeting Minutes Excerpt, dated June 13, 2017 Mailing Label Affidavit w/Location Map, dated May 9, 2017 Notice of Applicant Mailout Affidavit, dated May 18, 2017 City Notice of Public Hearing Applicant Notice Proposed Menu Legal Ad Chill-N Presentation Sketch of Boundary Survey (On File) Floor Plan, sheet PA-l City of South Miami Plannzng & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 668-7356 . Application for Public Hearing before Planning Board & City Commission Address of Subject Property: '1-11 (0 Sow st-AJL Lot(s) _ Block --Subdivision -S6v-~h. At\&~A.I'" F'-~'3 \ "1":3 PB -- Meets & Bounds: Applicant: C""':\\-N 5'(;, '->t'" Iv\ ,;.""'; LL<-Phone: je, S -17 2 -1 ~ b ~ Representative: '\)""",,:e... \ lJ~\:'~ Organization: C~i\\ -N 1.--1.<' Address': ~ -1--<0 C. Svl IS 2-$..r Phone: ~ dS. '1-12-1~'~ AA:"""",', F'--'3~i-::t-(, Property Owner: l\ 't> 'f> 't t'\ (.., ~ignature: C .s~e.. le..~) '1-33c ' 'R-e..J..-{l. a STlS ~2.. Mailing Address: Phone: ~o S-~ +~~ _ -5'7<1 (, ~ .:>v.. ,q" .JI\ .';v.":' (:L-33i4~ ArchitecVEngineer: Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: X Owner _Owner's Representative _Contract to purchase :.... Option to purchase -TenanVLessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM PL,EASE CHECK ALL THAT APPLY: -Text Amendment to LOC _Variance .t.. Letter of intent _ Zoning Map Amendment 1S..Special Use f( Justifications for change _ PUD Approval _Special Exception _ Statement of hardship _ PUD Major Change _Other (Waiver of Plat) .1 Proof of ownership or letter from owner _ Power of attorney Briefiy explain application and cite specific Code sections: _ Contract to purchase ),{} e. LA' 0-. \ \~ Current survey (1 original sealed and IJ.. $e. -\-0 v fl.<"''S ~ fA "'--\-' signed/1 reduced copy @ 11" X 17") -, ?< 15 copies of ,Site Plan and Floor Plans 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· ftequired Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of the applicant's knowledge and belief. ~~c< 1)",",,'<t.' &~I.k 5/'2/ rf Applicant signature and title . Pnnt 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 jn compliance will be rejected and returned to the applicant. OFFICE USE ONLY: I Date Filed Petition Required __ _ ; Method of Payment Date of PB Hearing _____ Date of Commission ____ _ Petition Accepted _____ _ Z:\Forms\Current Planning Department Forms\Planning Department Forms\Pianning Board\PB -Special Use Application -Revised 1- 25-2016,doc To: City of South Miami Planning mid Zoning Department 6130 Sunset Drive, South Miami FL 33143 , Re: Special Use Permit (Restaurant Classification) To Whom it May Concern: May 12,2017 Enclosed please fmd the application requirements for Chill-N Nitrogen Ice Cream regarding a Special Use Permit for classification as a Restaurant within the City of South Miami. Chill-N is requesting the classification of a restaurant largely due to the need for additional seating in our establishment and our in depth ice cream preparation which is very similar to a restaurant's process. Chill-N prepares each each individual serving of ice cream or frozen yogurt to order from scratch, mixing a base, flavor and toppings with liquid nitrogen to provide a made to order product. This process can take additional time compared to a traditional ice cream store. We also provide a unique experience for the customer where they can watch the process while enjoying their ice cream at their seats. Many customers choose to stay longer at our establishments for those reasons which requires additional tables and chairs compared to a typical frozen dessert store. Please see the included information packet for additional facts about Chill-N Nitrogen Ice Cream. We are currently in 5 locations in South Florida (Pinecrest, Aventura, Fort Lauderdale, Weston, Coral Springs) and are in the process of opening in Boca Raton. Having additional seats (approximately 22 seats total) would match our existing locations seating and greatly enhance the experience for our customers. In addition, we would like to be considered under restaurant classification based on our similarities to a traditional restaurant process. Please feel free to reach out with any additional questions. Best regards, . Daniel Golik Chill-N South Miami LLC DanieIGollc@chillnicecream.com 305-772-9663 City of South Miami 6130 Sunset Dr. S. Miami, Florida 33143 ADPINC. 7380 RED ROAD STE202 SOUTH MIAMI, FLORIDA 33143 305-6667884 RE: Chilln Special Use Permit for location 7316 Red Rd S. Miami, Fl.33143 To Whom It May Concern: As landlord and property owner at the above mentioned address, this letter will serve as our approval for the application for the special use pennit associated with Chilln and the location at 7316 Red'Road South Miami, Florida, 33143. If there is anything else you need please feel free to contact me. Sinqerely, ". I /' 6~Jc~ Andrew J. Hessen, VP ADP Inc. 305-773-5996 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 aI/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 aI/ persons who are retained with or without compensation to influence any action, decision, recom one 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 by the city commission or a city board. There are some exceptions and exemptions. The not considered to be lobbyist: a representative of a piincipal at a quasi-judicial hearing, tific or technical information at public meetings, representatIves of a neighborhood and representatives of a not-for-profit community bOased organization for the seek to influence without special compensation. Individuals who wish to view or listen meeting can be found on the city's I. Call to Order II. Roll Call rArC:lnr, .. of the _Palmer (Vice Chairwoman), Ms. Fischer, Dr. (Planning Director) and Mr. Marcus Lightfoot (Senior City Staff Absent: City Attorney: Mr. Thomas Pepe III. Administrative Matters None at this Time IV. Public Hearings 1 1. PB-17-016 Applicant: Chill-N South Miami, LLC A Resolution relating to a Special Use application to permit a General Restaurant use at 7316 SW 57 Avenue. Applicant: Bruce Barren and Andy Hessen (Property Owner) Ms. Fischer read PB-17-016 into the record. Mr. Lightfoot presented the staff report for PB-17-016. Mr. Hessen and Mr. Barren presented the project to the Dr. Philips asked where the difference in square Ji Hessen stated that he would need to meet with g~ accurate account of the tenant space can provided by the applicant stated that the the letter provided by the property the plans provided by the applicant show feet less than the amount listed in the letter fi'R<Mi,i~h Dr. Palmer stated that the a it can be considered by the City arren asked what the impact on 1::1/ltntloot responded that depending . rking requirement by one (1) his application on where the additional ase . red parking, the additional square • None at this Time dditional seating would be allowed or not. requirement if it the tenant space were 988 would be one (1) additional required parking approve the item as long as they take care of can the item with the condition that the square footage stated "yes ," Mr. Pepe then added that this issue is not relevant a recommendation on the special use. It should be a condition for ed the floor to public comments on PB-17-016. The Vice-Chairwoman closed the floor to public comments on PB-17-016. Motion: Ms. Fischer moved to approve PB-17-016 as recommended by Staff, The motion was seconded by Dr, Philips. Vote: Yes 3, No 2 (None) Dr. Philips: Yes 2 Ms. Kahn: Yes Dr. Palmer: Yes Ms. Fischer: Yes Ms .. Glavey: Yes 3 I . f ! ....... ~a~!,\;Is::M'!P.~ . Owner imd OC<;lipantlists. Malling.Servic:es :.: ..... : '. ' .. .l\I1Cly.9; 20i7 .CpPVTO: .: .. , . .. ..' '. "'E.n~16~edple~~.:ft·~d· .'., .' '.' •. 9··:'59P~~#i:~:~.:·'rt).~~;.!J.l~r~>vt~~'fr:~lrt the: :ex~er.ior of .prope·r.ty .bo~ndarjes " .:. ,Maifi!:rglislWith.;all:owner5·Withio.;tli~590'·.· .' . . ":'" . .. .. . :: ':::' ~. ": .. ::. .' . . '. ':'.'-'. . . . . . ..... . ' Thjs'p~9pert.vjr;f()r;rr.ati9il:.~~s 'ai;q~jred through the CoLinty Assessor's office. Further, the: information is~b~~~~'uri6n.tb~: .. Oip~t.:lhl'10'~~~ti:!·:~~(;9td~ of:i:he couhty~x assessor.:and is deemed' reliab)e'ii:)\;ttis'I~6:t gu~.ra.ri.tee·{.i;·';·: . /<:" -.... :-:. . . . . '. ." . ::;p.l~ase};:~~act.,~e ~t:(?~~l·7$2.~62p:9if y~u have que~trons. . . .......... :.' ., .. ;:.' :':;'.:':' .... . . . '.' . ' .. TtianKYQu. '. ..' 186bP~A.NCOM .. ---"-c~--.-..,..-.--. '-' .. _. -' -.. -::-~..,.-.,....,...:~--:-.. -.-.. -.-~-,-,.-.----- . '. . .~ . .. ' . ',: .. " .. :: ... : .. . . .~.~ ::. ::'.' .;. . ......... . ---~---.-.. - "tI"'~'I~~UV Vt:l IIICl 0 nv",-~~.~ .. ~~~~~- 0,,",'30'009_1040 034:i:iQ03IiopDl , 03411!o.M!ti 180 San RemoAve ;':!,' '.;~ 'a 0a.01:m:009-1310 '~~~~I-O~:> ' ' ' .. ':':. ,;., 0; '~'ci ' I' t" "" ,t~130-009_132! 0a.0130-0~l'3.90 130-009_1 ",~;~i:s~~;~t:*,~S!:~~~He ' ~~ v'· San Ignacio Ave s 09-4036-055-0040 'r~l~~ 3°f31-1l,,9_, 301'3'-Il19,' OS.4036-1lOQ-0182 SW 76th St r------...... --, ';'50 feet A- 304131-040-0010 I I 304131~37-1l1 N ~ fWMlMp, CI¥mot and Ocupantu.. Mlililll s.rrv.o. 16 7n14 n,,,:~ ... ! Man Pri'I"I"t"t<;. All ri"hl'<:, ."' .... rv"'rt. /.' '.:.,':', .~ J" .. ' ,.' , , .... , " I I \ r r : ....... . . 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 f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida: that the attactied copy of advertisement, bein9. a Legal Advertisement of Notice iri 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. qq~tif1uously published in said Miami-Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) al)d has been entered as second ciass 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 co'rporation any discount, rebate, ccmmission advertisement for (SEAL) . MARIA MESA personally known to me SUNDAY JULY 2 ]017 MIAMIHERALO.COM NEIGHBORS ~;1i~ frilrSJ\l ,-II "J ~'~.j ,,~~~~ CITY OF SOUTH MIAMI COURTESY NOTICE /MEETING DATE CHANGE) NOTICE IS UREB\' !:iycn thai the City CtimmillFion of the Chy of SQu1h Miami. l:trtrida "'ill conduct Puhlic H~arin8("! at ilS le3'lln: Cir)" Comml5!i1inn m~linl !lch4duIDd foc WedDt;ftdilY luly 12 2917, b.:ginning 3r 7.00 p.m .. in the City Cnmmissinn Ch3lDtlfrs. 6130 Sunset Drive. to consider 'he wflowiog itemt~): A Rc.\~'tutiou ;nslhoriltifl# 'he: City M;mop tD enter iota :I multt·ycar confr.lct 1f1r citywide phone 'ft'nic:c: \lith WiDdmc,'un Cor It term lIot ro c.'\c~d fh"C (S) C'DJlh"Cutivc yean: A Rc.o;nlutinn nUfhnriJ:ing the Cit) Mana8~r tn \.~ccur" A avo (5) )'\."Or lnl.:rlneal Aercomcnl witb r-,nrunj·Dnlh! COUn1y and Cn-Pcrmittccs of 'bl! NRllon31. Pollulant Di.q:bargt F.Jinlinalion S.,stcm (NPDE5) permit pmgwn Cor poJIullon monilorin@. A Rnoluri(lD ilutborizins Ibt-Cil)" M~ 10 award a on!! (1) year contract Wlth:m ClptiC'lII-I(l-.ren~w for f(lul ,.n, one (I) ~ (Hriods to C"rr.:aler Miami c.'(l!rerif. Inc. ('"CiMCI for lb..!' City'K Hninr pro,mm v.wlc.end d~lh'O:ry ~ service. A Rel!ldurinn :JulhndT.inglh.: City Managm-to QI~,utlatf' Gnd It' enter inll) d IhM (3) )·tllt lIl:,rn"tmtnr With an optitm lI'rcne'4-for an Ilddilion:d Iwn)'e:tr~ ",i1h M:tlnglJT t..endsc::ape Servit'ell. Int:. for IMdSCflping ~i~ for p.,rk.~ and pu&hc. ri~l·nC-w:J.)' D1'tWi -itbin the CiIY. A Resolution f«o'laung 10 3. vanlUu:1' arrHclltion ro r..-duc:e tbe amount Qf J'I!\luitftl parlcing sJ'3L'm. for a gtfftl!J'aJ n!:IolaUfanl'uaued 014000 SW ~7 ,\venue. A Resolution ",Joning tn u Sped:a.l U!it'i tlpplicaU(ID.to pcnuit a Gmeml.Rcn3UIUDt U~ 31 '7.18 SunlCU Dri'Vt'. (A Rt'lioJulif'ln rchumS 10 U Spcciall1St:' appllelliioll 10 permit a General Re$l'lWr301 uS*.' ;u 7316 S\v) 51 "wnue. . .- ALL intnat~ pani~,: !lire invited tf) attend ond ... ill be heard. For turtbcr infannation. p!cut-('ontlct the Cit)' Clerk'It OftiL'e lit: 3<>:5-66;·6340. MariK M. Menende1.. CMe CilyCI",k Pur5uanl to f]('Irida SUltU1es 2S6.0105. tltt: (11), hereby advisl!S Ihe public dial if n PI!'(SI.'IQ decicks lO appt:d nn)' decision made by Ilri1: Soard. Agenc)' ar Cnmmi~nn with respcc( 10 any maIler con~ldffed 31 ils meeting: ur hearing. bt or !tilt VI in need OJ nororn DC 1M p['l)t'l'«fing!li. und lbat Cor such purpose ... aeefed rcrsnn tMy n~ ret cmut.:-thai .a wrbatlm record ollbe 1nna.."..m,.P.;': DI:1de whicb tuom incloob Ihe 1l!~Ulunn~ nnd I!'vidl!J1t'e upon which the 8pptal is to be bl.~. . Wednesday, July 12 Aventura, FL 1 p.m. & 7 p.m. $15/individual • $25/couple Seats are limited, so reserve yours today! Visit EdelmanFinancial.comfMHl or call 866-PLAN-EFS (866-752-6337), You'll learn about the key components of a successful retirement plan: Retirement Accounts and IRAs How to manage your investments and generate the income you need during retirement Social Security How to maximize benefits for yourself, your spouse and your children Estate Planning How to ensure your assets are protected and distributed as you want, with no surprises AdviSOry services offered through Edelman financi.IServices,LLC Securities offered through fF Legacy Securities, LLC, an affiliated broker/dealer, member FINRA/SIPC.life, long·term disability. long-term care or othernonvariable inlurance pmductl offered through EFS and Edelman Inlurance ServicesLLCin (aliforma, license no. OG00750. Variable insurance products offered through EFLS and EF Legacy Insurance Agency LlC in California,lice ... no. OL 01472. I 25SE STATE OF FLORIDA COUNT OF MIAMI-DADE Affidavit of Daniel Golik The undesigned. DANIEL GOLIK.. being duly sworn, hereby deposes and says: 1. I am over the age of 18 and am a resident of the State of Florida. I have personal knowledge of the facts herein, and. if called as a wetness. could testify completely thereto. 2. I suffer no legal disabilities and have personal knowledge ofthe facts set forth below. 3. I have sent via first class mail, the attached notification of our Special Use application to all owners within a 500 ft radius of our proposed site at 7316 SW 57 Ave. South Miami FL 33143 I declare that, to the best of my knowledge and belief. the information herein is true. correct, and complete. Execute this~day of---'-/I'\---.:....."'--ll----. 20~. ~~ CITY OF SOUTH MllAW Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 668-7335 On Tuesday, June 13, 2017 at 7:00P.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: 1. PB-17-016 Applicant: Chill-N South Miami, LLC A Resolution relating to a Special Use application to permit a General Restaurant . use at 7316 SW 57 Avenue. SW73RDST' '1J.IiIO . 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 infOlmation 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 ne~d 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. To: City of South Miami Planning and Zoning Department 6130 Sunset Drive, South Miami FL 33143 Re: Special Use Permit (Restaurant Classification) To Whom it May Concern: May 18,2017 This serves as notice for all owners within a 500 ft radius of Chill-N's new store location at 7316 SW 57 Ave, South Miami FL 33143. Chill-NNitrogen Ice Cream is currently applying for a Special Use Pennit for classification as a Restaurant within the City of South Miami. Chill-N is requesting the classification of a restaurant largely due to the need for additional seating in our establishment and our in depth ice cream preparation which is very similar to a restaurant's process. Chill~N prepares each each individual serving of ice cream or frozen yogurt to order from scratch, mixing a base, flavor and toppings with liquid nitrogen to provide a made to order product. This process can take additional time compared to a traditional ice cream store. We also provide a unique experience for the customer where they can watch the process while enjoying their ice cream at their seats. Many customers choose to stay longer at our establishments for those reasons which requires additional tables and chairs compared to a typical frozen dessert store. We are currently in 5 locations in South Florida (Pinecrest, Aventura, Fort Lauderdale, Weston, Coral Springs) and are in the process of opening in Boca Raton. Having additional seats (approximately 22 seats total) would match our existing locations seating and greatly enhance the experience for our customers. In addition, we would like to be considered under restaurant classification based on our similarities to a traditional restaurant process. Please feel free to reach out with any additional questions. Best regards, Daniel Golik Chill-N South Miami LLC Daniel Golk@chillnicecream.com MU\~ -;,t M ~~: • Butter Pecan Mint .' ~"." --- N-t "-: .. --------------------------------------------~----~--------------- ""\ f ) ") .J ') :) UWWW~~~U~WW~~V~UVVVJ HOW DO WE DO IT? ... .." :.,:., . :. l ~,.,", I'vl:'~' :'111' .! ~. ~,. '\ ~~ H f'i~ ;' .:.'~ .. t. '6 t.,.J,.:it ':' H., ~ '.' 0-qt~r e nr~nf1. 0/ ~1 Ii ~,~ {~ ~ H~ ~ ~ ~rl~~:S~ nnp. nfl-\,", ;rl I; I". ~ ~ ," ~ .~ ~~~,ttt,.l> #,·~S~.:eI (OR TWO) fl ~ ~.f,"; .~ "'i" ': " :;r.'.'F'\ ~~ • i,..ij iI \' ! ii"f,"'-r .,~,,"<o\~.f~ NO BRAfNER. THANK US LATER. ITS CUBAN COFFEE SO.YY.H. C,"OOS(;A BAS .. O. IC!; CR(;AM OR YOGURT MOR(; RAVORS .OUND ON OUR P(;RIODIC TABLE or: !"lAVORS ! ".,. .... ,~! A!"l ; nn~-v; f!-', ~ ~ !; ~ :: l .~ \. ,. ~ ~ LfTTLE BtT fJ F -:··H·:"'· , 1--, ~ .~ ~. r §:: ':'-.."t --e AOD AS MANY O. OUR 20· MIX-NS AS YOU'D UK!=: e AnD F nFftt~i~ i~~ ./" ~~ .. , , no:-.~ ", ". ...... " ~ ~~ (i ~,;'/~~ t'! tASH fRt ~T UJ~TH .ff~ ~~.~~{n~ ~~ a ~ '{,.f1,.i ~ ~ ''.,./., l; .. , !l... J I rn nr 1PQT 1t,J .... vij ~,;~ ~,~lt~~i ~ T~~}SS~ f; f ~ . ~ Ii~_. f,... ~ f-?: ~; ~ .: ~'f~r)~ ,. -) t., I , F Vh'" Rs TI-IE: SMOOTI-IE:ST, CRE:AMiE:ST AND FRE:SI-IE:ST ICE: CRE:AM YOU'LL E:VE:R TASTE:. AND IT'S ALL MADE RIGHT IN FRONT OF YOU. ". r $.~'~ 6 .. Ii: ,!$ 11I/il<... " .". Ii!ri&.. ..",. iii" .".Ji;. tE.,·.-.· .. . -1". ~I aa- . , ..... . ~j:');·f·· .'~ ::" t ~if' i. ~ . ~~.;,: ... " .-....... ~ ... • . J .. .~~.,. .'~~ .~ . .... .~ -.."?~ '1' , .. '" ~ .: ... ;. ~~ .. ~~is"i:V.·.:;~-¥. '..... • .' ,r.;"'~ - .;~:; ~ ~ Vn ~, ~ . , .. i~r~~i~~t <>,;''\' .;"'~- ,. '.,,",; . . \ .~".';\ -, '.', ~r fI' , Pt' ~i.~ " BUSinESS OUERUI.Ei B Chill-N Nitrogen Ice Cream is a revolutionary io cream experience. Individual servings of ice cream are flash frozen right before the custome eyes with liquid nitrogen, creating the creamiest ice cream on earth. Customers choose from a variety 'of rich flavors and Mix-Ns to customize their unique creation. ~~n~n~~qn~~~~n~~~ ;~~ ". ,~~ ~~J.~~. L~~":1f:N1 .: . . ~~. . ....... : ... ,.[~ .. " ~'}fC,,~ .!~; .:~ ai'" ·. I I I . I I t i '~.' ' .. ,'-' Paty D. Miami,F/.. W.; 218 friends D 149 reviews Elite '15 EIiP. Miami,FL H 98 friends C 53 reviews Elite '15 -+ Share review )( Compliment @ Send message qo Follow Eli P. AdryG. Mlami,FL ; v 62 friends C 127 reviews Elite '15 ':~. DDDDrJ 2/10/2015 ~ 3 check-ins Krispy Kreme, Pop Tarts, Cinnamon Toast Crunch ... no, Ws not breakfast, it's some of the AMAZING toppings at Chill-N. My friend absolutely adores this place and took us, and now I'm hooked. I'm just glad it's not within close proximity to me because I'd be rolling! I hated Chemistry but I'm pretty good at reading this periodic table of flavors! And I know nitrogen + food= amazingness! What other formula do you possibly need?1 You choose a base-go with the ice cream, if you're eating this ice cream do it right. And then proceed to choose your flavor and mix ins. The ice cream is some of the creamiest I've had-I can almost see them milking the cow as I savor every bite! You can choose a comucopia of mix ins, depending what strikes your fancy that day, or look at some of their recent concoctions up on the board when you walk in. It is a small place and it gets packed on the weekends; but I just see it as a way to examine how many flavorful combinations I can come up with! rl If] rl D Ifl 4/14/2015 $ 1 check-in Hypothesis: After one bite, you'll keep coming back for more. Procedure: First, you choose your size, then base (ice cream or yogurt,) flavor, and then your mix-ins. Then, they take it to the nitrogen mix station, and voila! Conclusion: After carefully collecting all the data, we are definitely coming back for more! ['U~,.1 D D rl 2/6/2015 I really wish I never stepped foot into this place because now I' am craving ice cream ALL the time. I never have had a sweet tooth or craved ice cream, but Chill-N Nitrogen really gave me a need for it! "'';'''.'.:/ JasonG. Miami,FL ;;:. 4 friends ~ 10reviews H·~ KariL. Miami,FL '. ;.:-4 friends f ~ 15 reviews Astrid B. Mlaml,FL ;~ o friends a 37 reviews ~ Share review )( Compliment GI' Send message ... Follow Astrid S. "", •. ;>.1' ......... ' ...... : .... ,~. DDrlDCls/11/201S ~ 1 check-in 5 stars because 6 isn't an option. We came here on Mothers day and the line was literally out the door! The lin. moved very fast, in less than 10 minutes we had our custom creations in our hands. The menu was a bit overwhelming at first but after standing in line for a few minutes we figured it out. I had the Nuteilalbananalchocolate chip ice cream! This was the best ice cream ever! So smooth and sweet, it would be dangerous if I lived closer. I'm already dreaming of my next trip and how I can make my previous ice cream better. I'm going with the same concoction but I'm adding Oreos! DDDIfj~ 5/16/2015 .(;;: 2 check-ins Best nitrogen ice cream in Miami. Great silky smooth texture. I've been there 3 times and they've only gotten my order wrong once ... I think the abbreviation system is cute but the person at the register wrote Pe (pecans) and it looked like He (Heath). so I got the wrong mix ins. They have a loyalty app, Belly, which is cool because it gives free mix ins at 15 points, upgrade to large at 20 points, etc. It's a bit confusing to use at the register though. Large is only 50 or 60 cents more than a small, so I get a large and share it. I wish they had more flavors (like Creamistry in l.A ... They have captain crunch ice creamn but compared to the rest of Miami Chill-N is my favonte. DfJlflDC 5/11/2015 " 1 check-In This is THE best ice cream. It's super creamy & rich & delicious. I always go for the biscotti ice cream with almonds. but I've tried the pistachio & NutelJa flavors. So good! Definitely recommend this place over any other ice cream shops! ------._---_ .. _--_. ~-------.:,..........--------,.---.----.-------_.- --------------.~--- '. 'll".' """ :m [f5f]7 1"~'1 ~ ~~ ft~ ... 4' ~~. L..~,~i It":-~ ~ . ~ I'i.~ iJ'iiJ ~ I '~~ " ~.~~. NITROGEN ICE CREAM danielgolik@chillnicecream.com www.chillnicecream.com @CI-lILLNJCECREAM IlD~ 8272 SW 124 St Miami. t=L 33156 17831 Biscayne Blvd Aventura. i=L 33160 ''-''i .-..,.~ ... -~ r>-.. j '-'. .-.~; .-..... ~ ''') .--.. -", MIAMI DAILY BUSINESS REVIEW , PUDfished Dailyexceol Salurday, Sunday and Legal Holidays Miami. Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF. MIAIV!I,DADE: Before the unClersigned aythority personally appeared MARIA MESA, 'who on oath says that he' or' she is' Ihe LEGAL CLERK, Legal Noti,ces of the Miami Daily Busil'less Review flkla Miami Review, a daily (except Saturday, Sunday and Legal 'Holidays) newspaper, published at Miami i,n 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 -PB:17-014 A~PLlCANT: DELICIAS DE ESPANA-ETC in the XXXX Court, was published in said newspaper in the issues of 06/02/2017 Affiant further says that the said Mi'!mi Daily Business Review is a newspaper published at Miami, in said Miami-Dade ~ounty, Florida and that' the said newspaper has heretofore been continuously published, in 'said Miami -Dade County, Florida each day (except Saturday, Sunday and Le,gal Holidays) and, has been entered as second class mail malter 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 attac~ed copy of advertisement; and affiant further says that he or slie has neither paid nor promised any securing this advertisement for , ,A.D,2017 -' !. ~~ NO. oe6CRrPTION I) Noru6ED ,) Ute REFRIGERAtOR .) SINGLE ·ueLl FOOD WAANER 0 SToRAGE eoT~Lee &)" IlIAT=R ~EAT~R @ INTEGRATED DROP IN UV" pANS PATRON AREA 1 aUll t· [1'4 I4ANO elNK PAT~AREA • BUrL.T.IN OIRlELL 'FAUCET 8EATr~ 3~8 sr. • WAt.L-1f,ING RACK , .. O><YGEN MONITOR ® paJ!J. S .... STEM WI PRINTER NON-PATRON AREA 8ERVINt.i 194 SF. IY INte:GilUTEO DROP IN WI 21 PANS TANK ROOM 56 6F. J(Jrc~EN. 284 &F. TOTAL ~ l® U/C Il'Fl:ECZER ® eOUL·LlFT STANO MD<ER IS u!c FREElEto ,. '-POOR C:OO~ER COHHON AREA 468F. TOllST n '~'''H TEHp P'~6HE" '8 .3 COMP'ARll1ENf e~ TOTAL AREA ~ae 6F. It --Mop &INK.! WAL.L. I-AJNG MANt? SINK ® (2 OUTLET) FHA&E SEPARATOR EQUIPMENT SCHEDULE HANUPACTURER HODEL elo~eT"'CAI. REHAl<I<& AMPS U1ATTB VOloTS elCt.. Pl'ASE el:VERAGE AIR DD1e .SA &.71IJ ~"V ." I> - 6ERY2R PRODUCTS pap 82CZ160 .2A "00W """ ... , . Pr!OEx py""x - BrATe FCE3020L.SA6 """'" '1(/)SV .. SILYERKING eKP88 - !@GeNe.,.. b""D-lIfDl4-& DIF"JA;I.L CCt1PANY '£I' CD JR oeEP CUsTOH -- ew GA><T-X-OL-' -~~Wo CUSTOM CUSTOM , .. A D"v ... " CUsTOH TURBO AIR [N. HUF·6(/) smA . ,,,," 1'J0v ." , . KlTa.lENArp 1<SI'1H0F6OB 37!>UJ ,,"'" ... " aEV1:RAGE AIR UCf21A 'mA '1!>UJ ,,"" • 0 , . TUReO AIR IN. T&R-126D '13A 13"",", ,,"'" ... ,. ECOlAe Ee-'~T .SA '''BY .... .. .~~ BK RE&OURCEe 61(8-3-18-14-1& """ENey beJ2)9M20266 ':g.: TR ~GENCY bIZW14811 C~ART& INDU&TFdE& CUSTOM _P_A_T_R_O_N_~_~_L_~_~_6'_'_" __ 0_' ~ GUTIERREZ & LOZANO ARCHITECTS UJa •• ITAIT ROAD I", SOITE'" n ..... UOIUID ... u:. fl. 33'12 :~~,Nf!1 i:::? :~: :~::! JOB No.: DATE, 06/22/17 SHEET PA-1 OF