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:
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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
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. 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!
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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
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MOR(; RAVORS .OUND ON OUR P(;RIODIC
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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.
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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.
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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!
------._---_ .. _--_.
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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
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GUTIERREZ
& LOZANO
ARCHITECTS
UJa •• ITAIT ROAD I", SOITE'" n ..... UOIUID ... u:. fl. 33'12 :~~,Nf!1 i:::? :~: :~::!
JOB No.:
DATE, 06/22/17
SHEET
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