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Res No 205-17-15006RESOLUTION NO. 205-17-15006 A Resolution relating to a Special Use application to permit a General Restaurant use at 5958 S. Dixie Highway. WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), the applicant, Richard Sklar, submitted Application No. PB-17-019 to the Planning Board requesting a Special Use Approval to operate a general restaurant at 5958 S. Dixie Highway, within the Special Retail "SR", Hometown District Overlay "HD-OV" zoning district; and WHEREAS, the applicant proposes to lease the existing vacant space that will front the courtyard of the subject building; and WHEREAS, general restaurants are permitted 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 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 restaurant special use meets the parking requirements for the Special Retail "SR", Hometown District Overlay "HD-OV" zoning district; 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 October 10, 2017 Planning Board meeting, and following a public hearing, the Board reviewed application PB-17 -019 and voted 6 ayes, 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 Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Pg. of Res. no. 205-17-15006 Section 1: Special Use Application (PB-17-019) submitted by applicant Richard Sklar to operate a general restaurant at 5958 S. Dixie Highway, 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. Adhere to the Special Conditions applicable in Section 20-3.4(B)(4)(b) General Restaurant and Section 20-5.8 Special Use Approval of the Land Development Code; 2. The approved special use shall lapse after six (6) months if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the City Commission has not specified a longer approval period for good cause; 3. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2) Outdoor Seating / Dining for all commercial Properties, of the Land Development Code; 4. Any and all exterior renovations or modifications for the new establishment are subject to approval by the ERPB to the extent provided by the Land Development Code; and 5. If the subj ect 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 17th day of, ~O.!.loc"-,,t~o!.!ob~e~r ____ , 2017. APPROVED: jl!IrJ;f~ Y R' Pg. 3 of Res. No. 205-17-15006 ORM, COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Edmond: Yea Commissioner Harris: Yea Commissioner Liebman: Yea (dl South'Miami THE CITY OF PLEASANTUVING CITY OFSOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members ofthe City Commission VIA: Jane K. Tompkins, AICP, Planning Director From: Steven Alexander, City Manager DATE: October 17, 2017 SUBJECT: 8 Agenda Item No.: __ -=-_ A Resolution relating to a Special Use application to permit a General Restaurant use at 5958 s. Dixie Highway. BACKGROUND: Located in the Specialty Retail "SR", Hometown District Overlay "HD-OV," the applicant is proposing to open a new general restaurant use called "Himk and Harry's Delicatessen" in one of the tenant spaces located at 5958 S. Dixie Highway, which is currently under construction. 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: Richard Sklar, the applicant, is requesting approval to operate a general restaurant in a tenant space located at 5958 S. Dixie Highway. 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 subject property is near similar restaurant uses to the north (Einstein Bagels) and to the east (Deli Lane, MyCeviche). • The subject building was originally reviewed and approved via the Application for Development Permit (ADP) Process. Pursuant to Section 20-7.3(D} of the LDC, A complete ADP shall be reviewed by the Director. If the ADP is determined to be in conformance with the Hometown District Standards, the application shall be processed for approval pursuant to the applicable provisions of the Code and the development permit issued by the director without further review by the planning board, ERPB or the city commission. Special Use -General Restaurant 5958 S. Dixie Highway October 17,2017 Page2of4 • As indicated on the attached letter from the architect, the 2,407 square foot space will be divided into the following patron/non-patron areas: o . Non-Patron Area: 1,335 S.F. • Front Counter: 427 S.F. • Kitchen: 791 S.F. • Corridor: 117 S.F. o Patron Area: 1,072 S.F. • Dining Area: 1,072 S.F. As shown on Sheet Al.0 of the Floor Plan submitted with the application, the applicant is proposing to develop the tenant space in order to accommodate a .general restaurant once construction on the building has finished. This includes the installation of a new kitchen with food prep areas and patron seating areas. PARKING SPACE ANALYSIS Pursuant to Section 20-7.12{A) of the LOC, the parking condition for a general restaurant is as follows: • One parking space per 100 SF devoted to patron use • One parking space per 300 SF devoted to non-patron use Per the information provided, the minimum number of parking spaces required for the proposed general restaurant is as follows: Patron Use Parking Space Requirement 1,072 &.-F-. 1 Parking Space 1 x 0 = 10.72 Parking Spaces ~ 11 Parking Spaces 10 £.F.. Non-Patron Use Parking Space Requirement 1,335 £.F.. 1 Parking Space . 1 x 30 = 4.45 Parking Spaces ~ 5 Parking Spaces O£.F.. Based on the calculations listed above, the proposed general restaurant will be required to provide a minimum of sixteen {16} parking spaces. When the ADP for this building was initially approved, a total of forty-three (43) parking spaces were provided. However, after the building permit was issued, the project was reviewed by the Florida Department of Transportation (FOOT), who required that the project lose four (4) parking spaces, redUCing the number provided to thirty-nine (39). This loss in parking spaces was for the future renovations of S. Dixie Highway, a state maintained road. Previously, the City Commission granted Special Use approval to American Harvest, the first tenant in the building via Resolution #021-17-14822. Based on that approval, twenty-two (22) of the thirty-nine (39) parking spaces were delegated to the general restaurant, leaving seventeen (17) parking spaces available for Hank and i t \ ~ I I I I I Special Use -General Restaurant 5958 S. Dixie Highway October 17,2017 Poge 30[4 Harry's. Once the parking spaces required for Hank & Harry's has been deducted, they will meet the minimum parking space requirement for a general restaurant with a remainder of one (1) parking space that will be available to any future tenants. It is important to note that because all available parking will be delegated to both the applicant and American Harvest, all future tenants will be required to either pay into the Hometown District Improvement Trust Fund at $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. • 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. 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(8)(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. Special Use -General Restaurant 5958 S. Dixie Highway October 17,2017 Page 4 of4 PLANNING BOARD ACTION: After the public hearing held at the Planning Board's October 10, 2017 meeting, the Board recommended approval of the application with a vote of 6 ayes to 0 nays. RECOMMENDATION: It is recommended that the City Commission approve the Special Use Permit application. This approval is subject to the following terms and conditions as well as all applicable City ordinances, codes, rules and regulations: 1. Adhere to the Special Conditions applicable in Section 20-3.4{B)(4)(b) General Restaurant and Section 20-5.8 Special Use Approval of the Land Development Code; 2. The approved special use shall lapse after six (6) months if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the City Commission has not specified a longer approval period for good cause; 3. A separate application for outdoor dining will be required as per Section 20-3.3{E)(2) Outdoor Seating / Dining for all commercial Properties, of the Land Development Code; 4. Any and all exterior renovations or modifications for the new establishment are subject to approval by the ERPB to the extent provided by the Land Development Code; and 5. If the subject general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification ·and public hearing. Attachments: • Application, dated July 11, 2017 • Letter of Intent • Letter from the Architect, dated July 13, 2017 • PB-17-019 Planning Board Draft Meeting Minutes Excerpt, dated October 10, 2017 • Resolution #021-17-14822 w/staff memo • Mailing Label Affidavit w/Location Map, dated July 25,2017 • Mailout Affidavit (Notice of Applicant Mailout Affidavit), dated August 29, 2017 • City Notice of Public Hearing • Applicant Notice • Legal Ad • Color Renderings • Boundary Survey • New Floor Plan, sheet A1.0 City of South Miami Plannmg & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 668-7356 Application/or Public Hearing be/ore Planning Board & City Commission Address of Subject Property: \ ~S8. ~ ~~ ~\,). ,..\0 Lot(s) __ Block __ Subdivision _____ _ PB - Meets & Bounds: c::.,.,..l"V\ .. -..... \....\~ .!:a.!:. \ 4g Applicant: Phone: .L'.(\~ ~'-~ Representative: Organization: t.. ~ ~ 'L\...A2.. . Address: Phone: ~o~. S(l~ .,{Co'l-O. \\t)(l\ . \-\'.~ ,.... "'r"-->..\.)..C c;:::t..-, ."!:S() 4 .c;;:. \ ~~ \ '6.Q.. Property Owner: Signature: Mailing Address: Phone; Architect/Engineer: Phone: 17~~ ~"t~'"L AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner _Owner's Representative _Contract to purchase _Option to purchase ~TenantlLessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM _ Tex! Amendment to LOC _ Zoning Map Amendment _ PUD Approval _ PUD Major Change _Variance _Special Use _ Special Exception _Other (Waiver of Plat) Briefly explain application and cite specific Code secticns' Section __ Subsection:__ Page # __ Amended Date: __ _ SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: _ Letter of intent _ Justifications for change _ Statement of hardship _ Proof of ownership or letter from owner _ Power of attorney _ Contract to purchase _ Current survey (1 original sealed and signed/1 reduced copy @ 11" x '17") _ 15 copies of Site Plan and Floor Plans 24 x 36", 1 reduced copy @ 11" x '1T' _ Affidavit-Receipts attesting to mail . notices sent _ Mailing labels (3 sets) and map _ Required Fee(s) The undersigne has read this com leted application and represents that the information and aJl submitted materials are true and correct to the est fthe ap licant's .. d·beliefn ~ . . .t), SJcb v II I Applicant's Signa e and title . Print Name at Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable reguIations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed ____ _ Date of PB Hearing _____ Date of Commission ____ _ I Petition Required __ _ Petition Accepted. _____ _ Method of Payment Z:\Forms\Current Planning Department Forms\Planning Department Forms\Planning Board\PB -Special Use Application -Revised 1- 25-2016.doc ~.~~~T!~,,~" ' R.ARDY·S . ' I I'l;' ISS l:'{ Corporate Office 1691 Michigan AVe Suile330 Miami Beach Fl33139 Intended Use Hank and Harry's Deli is a proven, highly regarded restaurant concept brought to you by hospitality veterans Buzzy Sklar and Richard Booth. Mr. Sklar has founded such concepts as Burger and Beer Joint and along with Mr. Booth the highly acclaimed fast casual Sliderz Restaurants. Their newest endeavor, Hank and Harry's Deli, opened its first location on Miami Beach 4 months ago to amazing reviews by both the press and locals alike. They have brought back the New York style deli with a modern twist. The deli features classics such as mile high corned beef sandwiches to a bagel and nova. With a huge To Go by the pound business Hank and Harry's Deli will become an instant classic in South Miami as t~e place to all of your appetizing needs. Hank and Harry's Deli serves breakfast, lunch and unlike most delis will be open for dinner. The design has a modern clean twist which gives a feeling of comfort. Hank and Harry's wants to be the go-to place for families in the area whether they are dining in, taking out, getting delivery or getting catering for a special occasion. Ownership has roots for over 50 years in the community and is looking forward to serving it on both a business and charitable level. We look forward to being part of the South Miami community for many years to come. r" ~ I I ! I I r' t I r \ 'TO\.\IhQm'Jt:tnaY'~rii#rl! ' The f~o~:.~~ti~~9~~it~ areas lf$teoare'as,~Jc;lws: ' " ~. t,Q7':tSF, ,427 SF " 791 'SF 117,'SF " ,Pogalofl GoNZALIiZARCHITECTURE 4304 Nf2""A\'BnUB • W~~~ florida 33137 .. T: 3054404314. f;866 443 1486 WONW .gonzolazQ/Chiledore, com Arch~'e<;toirr.& ()esilfl' " Markiill;t:1\\" Clf1.dS~r,ltl~llY', , FIe",! "£~t<l,~ fJliv(:;!I)j,lnl\llrit i I l I t i l t I ! l, I f f CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, October 10,2017 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section BA-5, requires that al/ 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 al/ persons who are retained with or without compensation to influence any action, decision, with the city, including the city manager, city attorney, department heads, city personnel, or the city commission or members oj any city board, concerning a matter that could foreseeably by the city commission or a city board. There are some exceptions and exerriptions. The not considered to "be lobbyist: a representative of a principal at a quasi-judicial hearing, or technical information at public meetings, representatives of a neighborhood and representatives of a not-far-profit community based 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 ~r.;innc; of the Subrata Basu (Chairman), Dr. Velma Palmer . Sally Philips, Mr. Gary Robinson, Ms. Aracely ompkins (Planning Director) and Mr. Marcus Lightfoot (Senior City Staff Absent: No City Attorney: Mr. Thomas Pepe III. Administrative Matters Ms. Tompkins thanked the board for their assistance in the selection of dates for a tentative Special Planning Board Meeting. She then informed the Board that the Special meeting has been tentatively scheduled for Thursday, October 26,2017 at 7pm and that the Board should keep that date open. IV. Public Hearings 1 i I ! i I I I I \ I I I ~" l I f 1. PB-17-019 Applicant: Richard Sklar A Resolution relating to a Special Use application to permit a General Restaurant use at 5958 S. Dixie Highway. Applicant: Richard (Buzzy) Sklar Dr. Philips read PB-17-019 into the record. Mr. Lightfoot presented the staff report for PB-17-019. Board member Dr. Velma Palmer arrived at 7:04 P. Mr. Sklar presented the project to the Board. menus for the new restaurant. Mr. Lightfoot painted out there was a The report included the following sta "It is recommended application ." The statement should be Permit Special Use Permit by the City Commission. " applicant does not indicate items that are sold the pound will be displayed on video menu nu would be. Mr. Sklar stated that because this as a sit-down type restaurant, the breakfast menu will be rant will be at full capacity, to which Mr. Sklar stated no. update on American Harvest. Mr. Lightfoot stated that the applicant is waiting to start ion on the space and can't do so until the shell for the building receives the necessary approvals from the Building Department. . Mr. Basu asked how about the size of the building, to which Mr. Lightfoot responded that he would have to research the information and report back to him. Mr. Basu then asked how many confirmecJ tenants were in the building. Mr. Lightfoot responded that the only confirmed tenants were American Harvest and Hank and Harry's. Mr. Basu asked if there were office spaces in the building to which Mr. Lightfoot responded yes, on the second floor. Mr. Basu asked about the availability of the vacant spaces in the building. Mr. Sklar responded that there are two (2) more spaces available which will be for dry retail stores. Mr. Basu commented that those two (2) retail 2 spaces will have to contribute to the Hometown Improvement Trust Fund, to which Mr. Lightfoot responded yes. Dr. Philips asked if the hallway in the restaurant had to be counted, to which Mr. Lightfoot stated yes. Mr. Lightfoot gave a brief history on the parking situation for the building. Mr. Sklar added that there is a lot that can be used for additional parking. Mr. Basu stated that payment into the Hometown Improvement Trust Fund could be burdensome for future tenants into the building, and possibly some other avenue could be worked out. Ms. Tompkins explained to the Board that this issue was explained to the property owner who still d to go ahead with assigning the parking spaces to the restaurants. Dr. Palmer stated that because there is no parki is possible that the establishment may not wa Ms. Alicea asked if there were any plans Mr. Lightfoot responded that he was stated that there was a discussion about died. Dr. Palmer asked if there wi! submitted by the property ow added that a plan was subm with outdoor responded th r future tenants in the building, it the City. since it may be widened. US-l. Mr. Robinson parking for a business. mments on PB-17-019. PB-17-019. The motion was seconded by Ms. Alicea. Mr. Basu: Yes Dr. Palmer: Yes Mr. Jacobs: Yes Dr. Philips: Yes 3 . RESOLUTION NO. 021-17-14822 A Resolution approvilig a special use approval to permit a general restaurant at 5958 S. Dixie Highway. WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), the applicant, AH Somi, LLC submitted Application No. PB-17-001 to the Planning Board requesting a Special Use Approval to operate a general restaurant at 5958 S., Dixie Highway, within the Special Retail"SR", Hometown District Overlay "HO-OV" zoning district; and WHEREAS, the applicant propo~es to lease the existing vacant space that will front the courtyard of the subject building; and . . WHEREAS, 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: i. All such establishments shall provide only inside or patio service on private property. Public streets, rights-of-way, sidewalks and required setbacks may not be used . for patio or street -sid~ services of any kind. 11. No services of a drive-in or of a fast food nature shall be pennitted. ill. 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 detemrined that the applicant's restaurant special use meets the parking requirements for the Special Retail "SRI!, Hometown District Overlay '~HD-OV" zoning district; 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 the January 10, 2017 Planning Board meeting, and following a public . hearirig, the Board reviewed application PB-17-017 and voted five (5) ayes, zero (0) nays to recommend approval of the request for a special use to operate a restaurant; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR At"''']) CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Pg. 2 of Res. No. 021-17-14822 Section 1: Special Use Application (PB-17-001) submitted by applicant AH Somi, LLC to operate a general restaurant at 5958 S. Dixie Highway, 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. Adhere' to the Special Conditions applicable in Section 20-3.4(B)(4)(b) General Restaurant and Section 20-5.8 ~pecial Use Approval of the Land Development Code; 2. The approved special use shall lapse after six (6) months if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the City Commission has not specified a longer approval period for good cause. 3. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2) Outdoor Seating I Dining ~or all corrnnercial Properties, of the Land Development Code; 4. If required by the Code, any and all exterior renovations or modifications for the new establishment may be subject to approval by the ERPB, to the extend provided in the Land Development Code. 5. If the subject general restaurant is, in the future, determined by the Director ofPl~g, to be adversely affecting the health or safety <}f 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 7th day of, February ,2017. APPROVED: L~4I4d READ AND APPROVED AS TO FORM, COMMISSION VOTE: ~-O LANGUAGE, LEGALITY A...lIID Mayor Stoddard: Yea EXECUTION THEREOF Vice Mayor Welsh: Yea ~ i I i I I Commissioner Edmond: Commissioner Harris: Commissioner Liebman: Yea Yea Yea (dl South~iami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, AICP, Planning Director DATE: February 7, 2017 Agenda Item No., 15" SUBJECT: A Resolution relating to a Special Use application to permit a General Restaurant use at 5958 S. Dixie Highway. BACKGROUND: Located in the Specialty Retail "SR", Hometown District Overlay "HD-OV," the applicant is proposing to open a new general restaurant use in one of the six (6) tenant spaces located at 5958 S. Dixie Highway, which is currently under construction. 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: AH Somi, LLC, the applicant, is requesting approval to operate a general restaurant in a tenant space located at 5958 S. Dixie Highway. 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 subject property is near similar restaurant uses to the north (Einstein Bagels) and to the east (Deli La"ne, MyCeviche) . • The subject building was originally reviewed and approved via the Application for Development Permit (ADP) Process. Pursuant to Section 20-7.3(D) of the LOC, A complete ADP shalf be reviewed by the Director. If the ADP is determined to be in conformance with the Hometown District Standards, the application· shall be processed for approval pursuant to the applicable provisions of the Special Use Approval-5958 S Dixie february 7, 2017 Page 2 of 5 Code and the development, permit issued by the director without.further review ,by the planning board, ERPB or the city commission. " As indicated on the attached site plan, the 2,900 square foot space will be diVided into the following patron/non-patron areas: a Non-Patron Area: 1,145 S.F. a Patron Area: 1,755 S.F. As shown on,Sneet A~l of the Site/Floor Plan submitted with the application, the applicant is proposing to develop the tenant space in order to accommodate a general restaurant once construction on the building has finished. This includes the installation of a new kitchen with food prep area and patron seating areas. PARKING SPACE ANAL Y515 Pursuant to Section 20-7.12{A) of the LDC, the parking condition for a general restaurant is as follows: " One parking space per 100 SF devoted to patron use o One parking space per 300 SF devoted ta non-patron use According to the information provided, the minimum number of parking spaces required for the proposed general resta'urant is as follows: Patron Use Parking Space Requirement 1,755 ~ 1 Parking Space . 1 x (' L = 17.55 Parking Spaces ~ 18 Parking Spaces 100 =-r-:- Non-Patron Use Parking Space Requirement 1,145 ~ 1 Parking Space 1 x 300 ~ = 3.81 Parking Spaces ~ 4 Parking Spaces Based on the calculations listed above, the proposed general restaurant will be required to provide a minimum of twenty-two (22) parking spaces, When the ADP for this building was initially approved, a total of forty-three (43) parking spaces were provided. However, after the building permit was issued, the projectwas reviewed by the Florida Department of Transportation (FOOT), who required that the project lose four (4) parking spaces, redUCing the number provided to thirty-nine (39), This loss in parking spaces was for the future renovations of S, Dixie Highway, a state maintained road_ At this time, there Special Use Approval-5958 S Dixie February 7, 2017 Page 3 015 are no other prospective tenants for the building, leaving all thirty-nine (39) parking spaces available to the proposed restaurant. Once the parking required for the restaurant has been deducted, seventeen (17) parking spaces will be left for the remaining future tena·nts. Once the remaining parking spaces have been utilized, any future tenants will be required to either pay int~ the Hometown District Improvement Trust Fund at $1,OOO/parking space deficient or obtain a Special Exception waiving the deficient parking spaces. This requirement is consistent with the fqllowing LDC sections: • Section 20-7.6(C)(2)(b) if there are fewer ·spaces provided than required for existing buildings, the applicon~ may: obtain a special exception waiving the number of additional spaces required in bccord with the process set forth in Section 20-7.51 of this chapter; or pay into the Hometown District Improvement Trust Fund a ff!e o? set forth below. .. Section 20-7.6(C)(2)(c) The fee payment irito 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. 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 LOC, 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 F~rthermoreJ 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. I j ! I ·1 I I I j i I I I I J 1 I I I I ! I I I I 1 i i I , r I I I ! I , r L f I I I I I I I I I I I I ! \ r I I I l I I I I I I I I ! Special Use Approval -5958 S Oi,';e February 7, Z017 Page 4 of 5 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. STA.FF RECOMMENDATION: It is recommended that the City Commission approve the Special Use Permit application. This approval is subject to the following terms and conditions as well as all applicable City ordinances, codes, rules and regulations: 1. Adhere to the Special Conditions applicable in Section 20-3.4(B)(4)(b) 'General Restaurant and Section 20-5.8 Special Use Approval oftheLand Development Code; 2. The approved special use shall lapse after six (6) months if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the City Commission has not specified a longer approval period for good cause. 3. A separate application for outdoor dining will be required as per Section 20-3.3{E)(2) Outdoor Seating / Dining for all commercial Properties, of the Land Development Code. 4. Any and all exterior renovations or modifications for the new establishment is subject to approval by the ERPB to the extend provided by the land Development Code. 5. If the subject general restaurant is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, .or to be not in compliance with other applicable Code provisions, the special ~se 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 January 10, 2017 meeting, the' Board recommended approval of the application with staff's terms and conditions (6-0). AnACHMENTS: • Draft Resolution • Application Package • Draft Excerpt of Planning Board Meeting Minutes I I i I I i \ I I I 1 (~.' . r~i'O . '. ::-.:>" : ,~.'. ". ,,",'. ~ . : .':1 ,,~. dev·e'lo.pment .. , . ' .. rS3's,q .y'.i'c. ~'s' ,.' .~.' . .",,::A zoning public notification packages I lists of property owners within a specific radius + radius maps + mailing labels rdrmiami.com I diana@rdrmiami.com I 305.498.1614 July 25,2017 City of South Miami Re: Property Owners List within 500 feet of: SUBJECT: 5958 S Dixie Hwy, South Miami, FL 33143 FOLIO NUMBER: 09-4036-029-0080 LEGAL DESCRIPTION: AMD PLAT OF SOLOVOFF SUBDIV LOTS 1 TO 3 & LOT 4 LESS SW15FT & LOT 11 BLK 2 PB 7-11 This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 500 feet radius of the external boundaries of the subject property listed above, including the subject property. This reflects the most current records on the file in Miami-Dade County Property Appraisers' Office. Sincerely, Rio Development Resources, LLC Diana B. Rio Total number of property owners without repetition: 1'5 Abutting. or contiguous, property owners are listed in BLUE Rio Development Resources, LLC ("RDR'? has used its best efforts in collecting the information published in this report a[ld 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 t6 this report r I I ~';'iO' ,~"" · ",> ;"if; .' ":: :·i~fe "'( e I. 0 pTln. Ern t ,. ; . i ,."., .' ::r,e ~ q It! r ~ e's.'· .' '.' ,:,";.:) public notification packages I lists of property owners within a specific radius + radius maps + mailing labels www.rdrmiamLcom I diana@rdrmiamLcom i 305.498.1614 500' RADIUS MAP SUBJECT: 5958 S Dixie Hwy, South Miami, FL 33143 FOLIO NUMBER: 09-4036-029-0080 LEGAL DESCRIPTION: AMD PLAT OF SOLOVOFF SUBDIV LOTS 1 TO 3 & LOT 4 LESS SW15FT & LOT 11 BLK 2 PB 7-11 PERMIT X, INC. 7923l'i'W 195 Terrace HIALEAH, FL 33015 www.permitx.net (786) 306-4492 mpermx@aol.com(305)710-1118 August 29,2017 City of South Miami Sylva Martin Building 6130 Sunset Drive South Miami, FL 33143 RE: Hank & Harrys 5958 S Dixie Hwy. To Whom It May Concern, I Fritzgerald Masson, attest that I have notified the abutting properties of 5958 S Dixie Hwy. South Miami. Please find the certified receipts attached for your reference. If you should have any questions or concerns please find my contact information above. Thank you for your time. Dated: August 29,2017 -- State of: \1'UYIC\..O County of-'-: -'-:f?>"(-IfW::--;-::a.,-:-rq-:r---- Subscribed and sworn to before ~eJ1~bjs 2(1 day of --L1k4..!.4-l'g~u~Si-----­ Notary Public S ignature,=:.AOW"-+:',,::-,-' --,--,l.UOI'--::--.,,--..,_:-:---.--__ Notary Public Name: .1yUi.()j)ClrCA ?«bUl.lJ My Commission Expires: 01 \?.1:) \"z.~ _____ _ 1 NOTICE OF PlJBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 668-7335 On Tuesday, October 10,2017 at 7:00 P.M., the City of South Miami's Planning Board will conduct public hearings in the City Commission Chambers at the above address on the following items: 1. PB-17-019 Applicant: Richard Sklar A Resolution relating to a Special Use application to permit a General Restaurant use at 5958 S. Dixie Highway. SW73RDST 5940 7311 5901 SW74TH ST Ali 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 bearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 305-663-6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record ofthe 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. HAN:j{,,(J1t 11LA-R]~Jr~'S D ':. !'.\ I !: ~ ~ C ~ Corporate Office 1691 Michigan AVe $uite330 Miami Beach FL 33139 I ntended Use Hank and Harry's Deli is a ,proven, highly regarded restaurant concept brought to you by hospitality veterans Buzzy Sklar and Richard Booth. Mr. Sklar has founded such concepts as Burger and Beer Joint and along wi~h Mr. Booth the highly acclaimed fast casual Sliderz Restaurants. Their newest endeavor, Hank and Harry's Deli, opened its first location on Miami Beach 4 months ago to amazing reviews by both the press and locals alike. Tbey have brought back the New York style deli with a modern twist. The deii features classics such as mile high corned beef sandwiches to a bagel and nova. With a huge To Go by the pound business Hank and Harry's Deli will become an instant classic in South Miami as the place to all of your appetizing needs. Hank and Harry's Deli serves breakfast, lunch and unlike mosNleliswi11 be open for dinner. The design has a modern clean twist which gives a feeling of comfort. Hank and Harry's wants to be the go-to place for families in the area whether they are dining in, taking out, getting delivery or getting catering for a special occasion. Ownership has roots for over 50 years in the community and is looking forward to serving it on both a business and charitable level. We look forward to being part of the South Miami community for many years to come. Thanking you in advance, Buzzy Sklar 4rd Booth propreit9t r ?--ft ______ \../ MIAMI DAILY BUSINESS REVIEW Publisned Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade Counly, Florida STATE OF'FLORIOA COUNTY OF MIAMI-DADE: Before the' undersigned authority personally appeared MARIA MESA. who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of ' NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -PLANNING AND ZONING DEPARTMENT -OCT. 10, 2017 in the XXXX Court, was published in said newspaper in the issues of 09/29/2017 Affiant further says that the said Miami Daily BUSiness Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (except Saturday, Sunday, and Legal Holidays) and has been entered as' second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of Ihe altaehed copy of advertisement; and affiant further says that he or she has neither paid nor promised any ecuring this advertisement for (SEAL) MARIA MESA personally known to me f, /.- o SCJIl,'oJJ Q ~ ~ ~ ~31Ci ROVRDARyaVRVRT i ----------------------~ llI(lfXl)l'l.':r:c~,_ ! ''''.1.1';''1 I II\GI'I'","f1I1M1~) l 3'CI, Inc. LB7799 PROFESSIONAL LAND SURVEYORS AND MAPPERS 12211 SW 129th OT. MIAMI FL 33186 tel: 305·316-8474 fax: ~05·378·1e62 www,3tcl.com LEGEND & ABBRE\fIATlO.NS: ....... , ~~~'PAl) • o,o.tCl,a.~ '""" C/)tOllml'G7d,cu: " (»10110_", ., I:Ptlrwv~lXll O'il'MII¥ ... ., "'" UIp.!rtOClIl ... "Ami ~.Io ... ~=::rJ~ "l=~rf'1 a.fCMIltUO!lrD4l'.f:· CIIIea.tAI'rtaeuSIltll:'Ml (e)~TUI o tll.i.stnoW 1M 'C~' V/.,I", ~ tl~;I1Il:"'~ ·r~~ ... alc,..IIQo,i, (lIUt'llllt1t1lWd ']1. Ml"""AIt, ~wr_ _ .. ~1lII1Iuon 'IU m~~QC;II'lilOt '''D~lIII:iIGIlaao .. ml ~line.aftMJ'.f.'Il· >i'o 1CCriw~.-cu w"'""" ~-.. :=~1oI1C( 'tcol!rAlIrol -'-6. ~T;" 'ItO ft0.5T. Oie.(IICf~ tJ.# .. fanllIIOIIfW't ,ur.~ue"". F.r.t.'l\mltn.OOltrt.£W.lOI ~::"v:: ~= t' 1QW.1ICtIC~vAl...r ell~YIUl ",,-.-.-.-O~M'I'~ .. "OQt CI~"*II~ ~~-.u O'-'IIlIIft~ lII!:ot,fllA/l .... OUIUC __ iJ"corccu~ 'I/F«IODI'DG (t..6o.)0I4IS~1IWNi· 1I.Q.1I.D._4alRtG;lC'JUlllll i!.t. O'OtlIIIVIIWctPEa-. cr,," CffUC ca.8.a.)~IIlUJIIt_ MOsni..-" . ".A.U.~AtPrIIoUZ~ "'~ -~~. ::::."'" "-Ill; 1IN"lJ.1DIrII1 ... ~ 1t .• 1WII ."""::cr ..... ., .... """" ~~--------SVRVEYOIl~s NOTES . . ! I.DATE OF COMPLETION: I ~3Q.~1e 1 JH.EGAL JESt;!!~IQN AND LI\.OPgRTY ADDRESS: tots 1 •. ~ 3, and ti, and the Nol1hellsterly.35 reetof Lot 4, Bloc~ 2; In. SOlOVOfF SUBDIVISION, ~c:eoldln8 to the p1at thereof as recorded In Plat Book 7. at Page U. of the PUblic Rec:dtdl of Mlaml·Oada County, Florida. PROPitRTY ADDRESS: !59SB SOUTH DlXIEHWY. souru MIAMI fL 33143 RluoII09-4Q36:-029-OO80 t.:Ef01I'If[)Td: . Sank or Am.CricGt ~.A.ltnd its RIC'IUSOn and IInians Old-Rcpublio Natlollli Titlo.lolUl"WOConIpnny ORST ScMllnvuton.1.LC (jrtqtS1~IFinllnclal.L.P. ORWIreet CuDllal, L.P. nr-ACCURACY: lHIS SURvt:Y WAsPREQlCA1EO ON THE EXPECTED USE Of LAND. As ClASSIFIED I~ .THE. STANDAAOS OF PRACTICE FOR LAND SURVEYING IN WE STATE o)!; FlO~fDl\.: PURSUANT 1 0 RULE 5J.t7 OF THE FLORIDA ADMINlBTRAnVE conE IS ·SlmUR9AN" TH!:. MINIMUM REi..AlWC OIST.MCeACCURApv FOR nus TYPE OF SURVEY 181 FOOT IN 1,~ FEeT. THE ACClJAACV OOTAiNeD 8'f MI!ASUREMENT AND CALCULATION OF CLoseo G!::OMETRIC FIGURES WN3 FOUND TO EXCEEO -rnlS RE~UlREMENT~ IV.sOURCIlS OF DATA: lHIS SlJAVEV IS DASI:O UPON RfCOAOEO INFORMATION AS PROVIDED BY cueNT. NO BPF.CIFIC SEARCH OF THe: puallC RECQRD HAs eel!~ MAO'E Q'f 3T~I •. HORm ARROW DIR~CTJON IS SMED ON AN ASSUMED MERIDIt\N. SEARINGS'AS SHOWN l~enEON ARF. B,Ast.D UPON THE. CENTER LINE OF US-f., WlTH AN ASSUMen I\P.ARINO OF N47°61'36"e. SAID LitlE TO BE CONSIDERED A'WElI. MONUMI:NTEU LlN(;. THIS SURVEY ..w; IiErm PREPARED FoR THE EXCLUSIVE use QF.THE. emmes NAMED tlEr-teON ONLY At1fl THE CERnFICATIONS HEREON DO NOT EXTEND T~ Ni'l UNNAMEOPARlIES. LOCATION MAP NOT'TO SCALE SECTION 18, TOWNSHIP 54 S" RANGE 41 E. THIOPItOI'fPrrll.t~ttoltf\('OOltlll\::If.ASPmfl'DElW.B4IfGEftCV~~~ ~"AMIi1.! cm'0I'1IOUTH1lW!I~.:!OIS5t.~:12Q11OC..OW1.-I!llR'dtLl!fftcnvtMl!;O II-1I2!lOf,joICDAflAMJNnIliIMl1Ic.OD.1'.2Cta ""&OaIle.uaaOIW'l-llC~!lI>n' ... fIOHtVlve/IUJ.I~1m"TOIoIOR!CU!.t.AI.'I'1!.LUJ11:I./I"''' PAR"nCul.AAAAP.~OIId/OSII)t(IIIIKo\U.W.Yl!Pl\UfRQII;IIOVERO!W'tIICl..O('.Anorc v -VERTICAL CONTROL:, m.1V,fIOt$AIIll""eoUI'tW1H!!"'lIQI'ALGfooencvam~"'nJMlmNJP!RCfJ'I'CII'OOAAL. aABU:I!lPUlIlIa~btP""'1IoIIH"I8OICIIIIWIIt:XIIm'MWQ. !.CI~tWJNfIU'Y"llOH OI'tU'lSff",o.v,n·ftI Ul/l)f.RQ,ltO\fttl~ .. AVr'IIO'II(ll)tlOCATmEXCEFl"A8t1J1t:CII'lCALl'l'~~ACII II01.CONDIItmtll'HefUl .. 0"t'IlIITt/WIIIto.UM!lFAl.Ltt(lUr8l()eTtIP;~Ofnu~'mE8!. :~~~~:a~~:u:no~~,:Yo=~ ~9S.NlI1TTWo0R~MTTDnt2~0Tl>MPeR!Y. VI-$URVllYOR'S CERTIFICATE: 'HlRnYC£I«LfY: tHAI UlIII 'OCUl0AAV8IJRYIY" N/OTIltiIl\IfMiY ........ R"IIstA.1'IHG nft.REFFlOMW"" PelII'OIWl!OUMDl""""DlnlCllON,f,H!j1U1RI.II!AIfl)t:oIIIWlTTOmf.eE!lTOf""'~AAO'I!1Jt~ .lHOR.m1I1l1,"'IATI5AIq"9OCl14OAAVeW\Vll"t'UI!ETII,.,mlHTVftf6Ttd!APPI.rCNlll!p~I.Oo"nllt ~~~:~=~:g~lIU~t!=::I;:.~,=~~~~~~!~~:e Mlh:t: 1fO'I~'MfIIOUf~~1WI~o/tIOII+\I.AABW~r:1!"fl.CllXlAUCI!JIIfOIIJ\W"rOqNID IIIf.PPP.ADIIf11O/r.IOROOJitlOKe"fOII1/IIVI'I""""' .... Ol)ERll"WIlIII!~I>Nm'AREf'IICItGITBI'MMIIT "IHI-'"'IHctldIfcl'OIMt:!Dao BOUNDARY SURVEY OF 5958 SOUTH DIXIE HWY, SOUTH MIAMI FL 33143 U/OQ1Jl~a "'~l:W89a:J tlEt'aWIiOS"L I.CJCCYa~01:l I'M,. 3nN!IIW'QNZ""O£lo :RI~ ~,p~ ........-_ ..... 'lllQl(1~-B~ I :ulClWnldlUfQ:IO DH l'fWllilIIO'DIt1liWlOW tCl.=arllIlllWIJ"nll""OQQ'JSCIMII4II~CIII.tCMn.uatr'QOO 1'IiIIID'I«WlIIOUw;J,J.l¥ _~;IOiIoIoU , ....... 1IUSIISY·'¥dIIftID~.d)JdAj, UMII'¥!.ImI3SIldOiJoW, CBi.:IItU8!AI.'I'I'QaKIUXI_~ ura:.mM'CI"'~)IItQM • ItmmooulltIOW11D3WIlflSJrn .. ·,GdIXmM.un, '.fI.am,un.CCUI IUnNClll1lll.lACWl1Oll4DJ't'WGfI't ~'MS'I 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 thaI he or she is the LEGAL CLERK, Legal Notices of the Miami Daily 'Business Review flk/a Miami Review. a daily (except Saturday. Sunday and Legal Holidays) newspaper. published at Miami in Miami-Dade Couniy, 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-OCT. 17.2017 in the XXXX Court, was published in said newspaper in the issues of 10106/2017 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami. in said Miami-Dade County. Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida .:e~c,h.. day (except Saturday. Sunday and Legal Holidays) and" has been entered as second class mail matter at the post 'office in Miami in said Miami-Dade County. Florida. for a 'period of one year next preceding ,the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person. firm, or corporation any discount, rebate, commission f securing this advertisement for 6 day 0 CTOBER. AD. 2017 ' J),iMtV cfirMu;& (SEAL) MARIA MESA personally known to me 32SE I MIAMI·DADE COUNTY Fence demolished by Irma? Dade waives permit rules for unincorporated areas IIY DOUGLAS HANKS dhNtl:s@miarnihaald.com Miami-Dade this week waived permit requirements for residential fences dam- aged by Hurricane Irma, allowing homeowners to fIX the fences without approvals provided the structures aren't surrounding pools. half of the county's homes, but does not apply to prop- erties within city limits, since cities have their own zoning procedures. NEIGHBORS I SUNDAY OCTOBER 8 2017 MIAMIHERAlD.COM The waiver only applies to properties governed by county zoning nlles in Mi.,- mi-Dade's unincorporated areas. That covers about The rule, approved by the County Commission on Tuesday, lets homeowners repair fences without per- mits, providing they use the same materials, design and layout as the pre-Irma fence. Fence permits start at $130 and increase based on the size of the fence being MAnAS j OCNER mocrtff@\lniamtiterakicom Downed fences littered Miami·Dade after Hurricane Irma. Miami-Dade has waived permit requirements for repairing them provided the fence doesn't surround a pool. The waiver only applies to residential properties outside of city limits SEE FENCE, 33SE in the cou nty. . WHAT EDUCATION SHOULD BE! RIVIERA DAY SCHOOL 68"'.1 Nervi. Str •• t. Cor>I G:obl ••. FL .,3146 1 Td.305.666.1856 RIVIE.RA PREPARATORY SCHOOL Y775 SW 87 A"on,,,·. M"lIIi. Fl33176 lTd. 786.300.0300 ww .... r;v;er .. chooJ •. coll1 I I\crrcdilc,1 hI' ~I~r. SACS. MSA. Ai. NCPSA. NIPSA CITY OF SO{;,(H ML\J'\.U !'IOTICE OF PGBLlC HEARING NOTICE IS HEREBY !!i"on d,.t the City C'.omlTl;.,ioll or 'he City of South Miruni. Aorid3 "'ilI conduct F'llttlic HearingCs) at its r.egulst Ciry Commission llKeting !IoCheduled fm' Tur.sda)'. Octlll-er 17. ~OI7. beginning. at 1:00 p.m .. in Ihe City Cl"lmnli~"il\1I Chrun~rs, 6130 Sunsel Drive. ttl conlddfr the following item('!:): ( A R~s('lluth."lrt 1~131ing t('l n Special U~(' aprliciltion to permit a\ Genernl Rt:staur~nl use at 5958 S. Dixie High\L·ay. J A .Rest'lutifm IIllpn.n.'ing rt'new31 nr the pritl( agreemenl hrtween tho City and St"'en AieuDd .. for City M.n:oyer Services. iltntndi~!! Stcrinn Hl 1\. 10 C'nlnply ,,,jlh Cjl),'s current IJ\!n~on onlin:mce ;mrJ allowing for 3~itlSlml"lIt" W ~:\lnry lind hem'tit'i tl~l1t ure pmvitJtd rf'r in t'ach annual budgeL I\LL jntcrr:;tcd r.1rtic!= ~ jnviled to ntrl'ud nnd will b~ hennl, fnr fuL1htr inf~""ud;on. pl~n.st conWC'r tht City CI~rk''C Office at: 30~-66~-C,3o\(l M:ui.1 M. Mmeu!!.z. CMe CityCI.,~· Ptmlu:.m 10 fltlTida Staml" ..... 2~6 011'15. lhe aty hereby l\dvj~'4' Ih~ lI"hlll' lh:l11ra '['I-~"In dl~iul!!lln "PJ'l"Q1.my dc('j~inll Pllhl,,-by :hh Rna .. J. ~~-CtK'Y In Cl)mrni1J.il'n ,,·hh n'%'I'1!Ct In .In" m.r.c:r cnr,)oifkr~1 ,11 ~~ mecmng nr ht·:tring. hi.-Irr!<h~ \10;11 nl."\!'C1 " r~OtJ of Ihe pJ't1C\.'f'din~~, ,u1J Ih!11 r~lJ ~~h r"rpnA". arrt."CI~d pl!l'SC'tn lIIoly De~d 1n ~n.r;.UN Ih:\1 a ''\'I\I!Ulm NtnnJ llr.he prtJCC\."\lengll i!rll1h,d~ which (('Clll~IIIh'hldcr! tll~' ',-"limon:; ",nd cl'idcnce upnn whith tlJ~, :l.ppcall~ In be 11",,(',1.