Res No 027-96-9780e
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RESOLUTION NO. 27 -96 -9780
A RESOLU'T'ION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
A SPECIAL USE PERMIT FOR A SMALL RESTAURANT
(SPECIALTY RETAIL) DISTRICT, AS SPECIFIED IN
IN THE "SR"
§ 20-3o3(D)
OF THE LAND DEVELOPMENT CODE, SPECIFICALLY LOCATED AT
5830 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA, 33143;
AND, PROVIDING A LEGAL DESCRIPTION.
WHEREAS, Akash
made application to
restaurant in the
Section 20-3.3 (D)
WHEREAS,
South Miami,
to
i Restaurant, represented by Larry Chi, has
request a Special Use Permit for a small
"SR" ( Specialty Retail) District, as specified in
of the Land Development Code; and,
the property is
Florida, 33143,
located at 5830 South Dixie Highway
and is legally described as follows.
Lots 18, 19 and 20, Amended Plat of Subdivision [also known as "Cooper's"
Subdivision], of that part of SW 1/ of the SE 4 of the SE 1/ of Sect ion 25,
lying southeast of F.E.C. right -of -way, Township 54 South, Range 40 East,
according to the plat thereof, as recorded in Plat Book 4 at Page 127, of
the Public Records of Dade County, Florida; less a strip of land across the
northwesterly side of Lots 19 and 20 described as follows. from the
northernmost corner of said Lot 20, run southwesterly along the
northwesterly boundary line of said Lots 18, 19 and 20 to a point 81.22
feet southwesterly from the northernmost corner of Lot 18; thence, run
northeasterly 150.74 feet to the easterly boundary of Lot 19, a distance of
3.20 feet south from the northern most corner of said Lot 19; thence,
continue northeasterly 54.99 feet to a point; thence, go southeasterly
10.95 feet to the boundary of Lot 20 at a point 18.62 feet from the point
of beginning; thence, go north 18.62 feet to the Point of Beginning; and,
WHEREAS
the applicat
Planning Division staff has recommended approval of
ion for a Special Use Permit for a small restaurant in
the "SR" (Specialty Retail
) District based upon (a) the merits
the application, (b) specific conditions contained herein, and
consistency with the City's adopted Comprehensive Plan; and,
WHEREAS, on January
recommend aDDroval of the
WHEREAS,
Miami accept
of
(c)
91 1996, the Planning Board voted 7:0 to
request as read; and,
the Mayor and City COMM1
the recommendation of the
scion of the City of South
Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA.
MAYOR AND CITY
Akashi Special Use Application Page # 1
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section 3. Five parking spaces adjacent to the restaurant
Section 4. Alcoholic beverages may only be served to patrons
in combination with food prepared and served on the premises.
Section 5. The City Manager may revoke this approval upon a
determination that the provisions of this resolution have been
violated or that parking is occurring at the subject property or
another property that is not in compliance with this resolution.
Section 6. The applicant must submit a document which states
applicant's consent to and agreement with all of the conditions
set forth herein; and, said agreement must be submitted to the
Planning Director prior to the issuance of a revised occupational
license, in order for the applicant to serve lunch.
Section 7.' This resolution shall take effep,t immediately
upon approval.
PASSED AND ADOPTED this 6th of Februarv/, 19 6.
ATTEST: APPROVED:�
CITY CLERK MAYOR, NE 41 ARVER
CA1,RAIER YEA
READ AND APPROVED AS TO FORM: WCO E MAYOR Y01WJNG %% NIMI
... ... . ...
yEA NAY
i S'S1 0 NT, R B A S S
61, ��111-1�1 /
CITY ATTORNEY COMIMIISSKAER COOPIR C: \ -YCAl.ah/in.�L bm A-Akubi res
CCU'rAISS110NER CUNNINC-MM YEA _�� NAY -
Akashi Special Use Application Page # 2
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CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: January 30, 1996
" r Agenda Item #
From: --Eddie Cox Re: Comm. Mtg. 02/06/96
City Manager Akashi Special Use Permit
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY C0MVIISSION OF TTE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A SMALL RESTAURANT IN TTE "SR"
(SPECIALTY RETAIL) DISTRICT, AS SPECIFIED IN § 20 -3.3 (D) OF TTE LAND DEVELOPMENT CODE,
SPECIFICALLY LOCATED AT 5830 SOUTH DIXIE HIGHWAY, SOUTH miANn, FLORIDA, 33143; l NDI
PROVIDING A LEGAL DESCRIPTION
BACKGROUND & ANALYSIS:
The Akashi Japanese Restaurant located at 5830 South Dixie Highway is seeking a new special
use permit for a "Small Restaurant" in the Specialty Retail (Hometown) zoning district. The
Akashi Japanese Restaurant is currently operating under an old special use permit (circa 1961)
that includes conditions limiting hours of operation due to inadequate on -site parking. It is the
applicant's intention to apply for a new special use permit in order to serve lunch.
The existing facility is located at the corner of US 1 and S.W. 71 Street and provides no on -site
parking. Five spaces are located adjacent to the facility and are partly in the public right -of -way
and partly on private property. In fact, a small portion of the existing structure is located in the
public right -of -way. The public record is in conflict regarding the origin of this non - conformity.
Under the previous zoning code, parking was required to be provided on -site; however, current
"small restaurant" provisioner provide for reduced on -site parking requirements for properties
located within 200 feet of a municipal parkins lot. In addition, Hometown District regulations
permit businesses to receive credit for on- street parking spaces as on -site parking spaces. This
on- street parking credit when applied to the Akashi Japanese Restaurant will satisfy the reduced
parking requirement for a "small restaurant" special use permit.
On January 9, 1996, the Planning Board voted 7:0 to recommend approval of the request as read.
CITY OF SOUTH MIAMI
Building, Zoning &Community Development Department
6130 Sunset Drive, 2 "d Floor; South Miami, Florida 33143
Phone: (305) 663 -6327; Fax #: (305) 666 4591
September 21, 1995
Mr. Larry Chi
Akashi Restaurant
5830 South Dixie Highway
South Miami, Florida 33143
Telefacsimile: (305) 279 -8044
Dear Mr. Chi:
so
tA
This letter is in response to your correspondence dated September 18, 1995, and regarding the
expanded use of your restaurant located at 5830 South Dixie Highway in order to serve lunch.
Per previous conversation, your business is currently only authorized and licensed to serve dinner.
Your business is located in the SR (Specialty Retail /Residential) zoning district and in the
Hometown District (an overlay zoning district). The structure at 5830 South Dixie Highway
contains 1806 square feet of gross floor area, and five (5) parking spaces are provided adjacent
to the site (these spaces are located partially on the lot and partially on the public right -0f -way).
Under Section 20 -3.3 (D) of the Land Development Code, "Small Restaurant" is permitted via
Special Use Permit. Applicants for this use must provide one parking space for every 400 square
41 0
feet of gross floor area. Under Section 20 -7.6 (B)(1): "on- street spaces adjacent to a lot shall
count toward the parking requirements for that lot;" therefore, the required parking is provided.
Under Section 20 -3.4 (B)(19), your establishment qualifies for "Small Restaurant" consideration
(see attached). The conditions for the Special Use Permit may be addressed as follows:
(a) Small restaurants must be located within two hundred (200) linear feet of a
municipal parking -lot. Your property is located within SO feet of such a lot.
(b) The on -site parking on small restaurant premises must be used for customers only;
employees and management must park in off -site parking. Provide an agreement
stating this policy; in addirion, staff will incorporate the policy as a condition for
issuance of the Special Use Permit with powers of revocation retained by the City.
(c) Required parking must be on -site. Satisfied via Section 20 -7.6 (B)(1) noted above.
RECO
ATION:
Staff recommends that the City Commission vote to
wl
1.
20
th the staff recommended conditions listed below
rec
ommend approval of this application
Approval is subject to and dependent upon the restriction that on -site parking must be
reserved for use by the general public, to be utilized on a first -come, first -serve basis and that
all employees and management must park in the nearby municipal lot.
Five parking spaces adjacent to the restaurant shall be clearly marked and striped. All
improvements must be completed by the tenant or property owner prior to issuance of an
occupational license to serve lunch. The Planning Director will have final approval authority
over all roadway improvements.
3. Alcoholic beverages may only be served to patrons in combination with food prepared and
served on the premises.
4. The City Manager may revoke this approval upon a determination that the provisions of the
resolution have been violated or that parking is occurring at the subject property or another
property that is not in compliance with the resolution.
5. The applicant must submit a document which states applicant's consent to and agreement
with all of the conditions set forth herein; and, said agreement must be submitted to the
Planning Director prior to the issuance of a revised occupational license, in order for the
applicant to serve lunch.
f
(d) Small restaurants may only serve alcoholic beverages to any given patron
combination with food both prepared and served on the premises.
•
Provide an
agreement stating this policy. Staff will incorporate this policy as a condition for
issuance of the Special Use Permit with powers o,('revocation retained by the City.
Please, complete and return the application for a Special Use Permit that you have been provided.
If you require any further assistance on this matter, please, contact me at (305) 663 -63250
'Thank you.
Sincerely Yours,
Planner
attachment
c: Dean L. MM* =, AICP
Director of the Building, Zo
ning &
Community Development Department
c: %v-4pa«csueUer3wM%hiALW
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(d) Small restaurants may only serve alcoholic beverages to any given patron
combination with food both prepared and served on the premises.
•
Provide an
agreement stating this policy. Staff will incorporate this policy as a condition for
issuance of the Special Use Permit with powers o,('revocation retained by the City.
Please, complete and return the application for a Special Use Permit that you have been provided.
If you require any further assistance on this matter, please, contact me at (305) 663 -63250
'Thank you.
Sincerely Yours,
Planner
attachment
c: Dean L. MM* =, AICP
Director of the Building, Zo
ning &
Community Development Department
c: %v-4pa«csueUer3wM%hiALW
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ZONING REGULATIONS
20 -3.4
(16) ACCESSORY RETAIL AND SERVICE USES. Within any permitted principal build-
ing in LO or MO districts, accessory retail or service uses may be permitted provided
that.
(a) Such uses are located entirely within the principal building for the convenience
of the occupants of or visitors to the principal use;
(b) Such uses do not occupy more than ten (10) percent of the gross floor area of the
principal building in which located; and .
(c) Such uses shall not have any signs or advertising visible from outside the prin-
cipal building. s .
(17) RESIDENTLAL USES WITHIN RESIDENTIAL OFFICE DISTRICTS. Within any
Residential Office "RO" district, single- family residential uses shall be permitted sub-
ject to the dimensional requirements of the RS4 Single- Family Residential district.
(18) ACCESSORY MEDICAL SERVICES
(a) Facties may be permitted only in conjunction with an approved hospital use
and located on hospital premises.
(b) Facilities may be provided in the form of a trailer unit which is periodically
• located for a specified length of time as determined by the city commission on an
approved site and conforms to all applicable codes.
- (c) Only one trailer unit may be permitted per each approved, specially permitted
hospital use.
(d) Only those services that are not already provided by the hospital facility and
which is for the sole use of the hospital staff and patients may be permitted.
(e) No vehicular ingress nor egress shall be permitted along streets or rights -of -way
bordering residential zoning districts in the City of South Miami.
( The city commission shall review and recommend approval, disapproval or mod -
ification of all site plans and project specifications, including but not limited to,
traffic circulation, landscaping, facility placement, amess and facility arrange-
ment for this special use permit.
(19) S RESTAURANT
(a) Small restaurants must be located within two hundred (200) linear feet of a
municipal parking lot.
(b) The on -site pari�ing on small restaurant premises must be used for customers
only; employees and management must parr in off -site paring.
(c) Required parking must be on -site.
(d) Small restaurants may only serve alcoholic beverages to any given patron in
combination with food both prepared and served on the premises.
(20) MOBILE AUTOMOBILE WASHIWAX SERVICE
(a) No mobile service vendor shall station itself upon any - public street or right -of-
way. Neither shall any mobile service vendor station itself upon any private
Supp. No. 1
45
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To: William Macke`-
.4 cang Dlrectot
From:
Brian T. Soltz
CITY OF SOUTH YIIAMI
INTER - OFFICE MEMORANDUM. 1
Planning Division
Date: Januarvp 3. 1995
Re: Akashi Japanese Restaurant
Planning Technician Special Use Permit
Applicant: Akashi Japanese Restaurant
Request: Special Use Permit for a small restaurant in the "SR" (Specialty Retails District. as
specified in Section 20 -3.3 (D) of the Land Development Code.
Location: 5830 South Dixie Highway
South Miami. FL 3 3143
BACKGROUND
5830 South Dixie Highway is seeking a new special
The Akashi Japanese Restaurant located at
use permit for a small restaurant in the ``SR" (Specialty Retail) zoning district and in the
Hometown District Overlay pursuant to Section 20 -3.3 (D) of the Land Development Code. The
Akashi Japanese Restaurant is currently operating under an old special use permit that included
conditions limiting the hours of operation. It is the applicants' intention to reapply for this
special use permit under the new parking regulations which were not in effect when the applicant
first applied for the Special Use
ANALYSIS
Permit.
As stated above the existing special use permit for the Akashi Japanese Restaurant includes
conditions limiting the hours of operation. These conditions were applied to this approval due to
a lack of on -site parking. Under the old code. required parking had to be provided completely
on -site: however. with the Hometown District regulations business are now given credit for on-
street parking spaces. This on- street parking credit when applied to the Akashi Japanese
Restaurant will satisfy the parking requirement. In addition. to the on- street parking there is a
municipal parking lot located across the street with approximately 50 parking spaces. As shown
on the site plan the applicant has designated five spaces as required by code to be used for
customer parking only, the employees will park in the municipal lot located across the street.
COMPREHENSIVE PLAN
This requested Special Use Permit does not conflict with the adopted Comprehensive Plan of the
Citv of South Miami.
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APPLICABLE REGULATIONS
Land Development Code
•Section 10 - . 8 (Special' Use Permit
*Section '10 - 7.1 ? ( Permitted Uses - Hometovm
•Section 10 - 7.6 (Parking - Hometom.0n
RECOMMENDATION
Staff recommends APPROVAL of the special use permit with the following conditions.
1)
That the applicant mark the on -site parking spaces as shown on the
s park in the municipal lot at all times.
That the employee
site plan.
C:1MDIPLANNING BOAR.DIPB REPORTS\AKASHI STAFF REPORT
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Telepnone 1407) 333 -3631
Fax (407) 333 -3632
p.n. SOX y50181
LAKE r/i RY,FOLRIDA 32795 181
Akashi Japanese Restaurant
5830 South Dixie Hl*ghNvav
South Miami, Florida 33143
To Whom It May Concern:
As the owner of the property at 5830 South Dixie Highway and as per our Lease dated
October 15, 1993, this tenant has my permission to operate there business at any time of
day or night .
If there are any questions do not hesitate to call me at the above telephone number,
• y WSW
?-Moro _�•
Kurt L. Anderson
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APPLICANT:
OWNER:
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Akashi Japanese Restaurant
Kurt L. Anderson
ADDRESS:
I � X830 South Dixie Hi
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REQUEST**
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Special Use Permit
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HEARINGNUMBER:
PB-95-0 17
DATE:
January 9. 1996
If IF'
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Akashi Japanese Restaurant
Kurt L. Anderson
ADDRESS:
I � X830 South Dixie Hi
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REQUEST**
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Special Use Permit
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HEARINGNUMBER:
PB-95-0 17
DATE:
January 9. 1996
If IF'
MINUTES
City of South Miami
Planning Board
Tuesday, January 9`", 1996
City Commissioners' Chambers
7:30 P.M.
I. Call to order and the Pledge of Allegiance to the Flag of the United States.
II. Roll Call.
PRESENT:
0. Kerr
K. Zeller
S. Basu
J. Lefley
C. Thorner
P. Eisenhart
G. Illas
Also Present: Bill Mackey, Acting Director, Planning Division; Brian Soltz, Planning
Technician; David Struder, Board Secretary.
III. Public Hearings.
PB=95=017
Applicant:
Request:
Location:
Akashi Japanese Restaurant
Special Use Permit for a small restaurant in the "SR" (Specialty Retail)
District as specified in Section 20 -3.3 (D) of the Land Development Code.
5830 South Dixie Highway
South Miami, FL 33143
Mr. Eisenhart read the request. Staff gave their report, explaining that the applicant wishes to
apply for a special use permit under the City
's new parking regulations in order to open
during lunch hours. Staff recommended approval of the applicant's
two conditions outlined in their memorandum of January 3, 19960
PB Min 01 -09 -96
request, inclusive of the
1
Public hearing was opened.
Mr. Larry Chi, owner of the Akashi restaurant, signed in as the representative for the
applicant. Mr. Chi summarized the request by stating that they were seeking a special use
permit for the restaurant in order to open for business during lunch hours. In clarification of
requirements for parking, Mr. Chi stated that the five parking spaces located in the rear of the
restaurant had been considered off -site under the old special use permit; since all parking had
to be provided on -site under the old code, the restaurant's business hours had been restricted
to dinner hours only.
Following Mr. Chi's remarks, public hearing was closed.
As all employees of the restaurant must park in the municipal lot located nearby, the Board
inquired as to the lot itself, i.e., is staff familiar with whom owns /runs the lot, are stickers /tags
available for those who must use the lot, is the lot presently utilized to capacity, etc. Staff
responded that during a visit to the lot, which contains approximately 50 spaces, it appeared to
be under- utilized.
Upon the Board's inquiry, staff confirmed that the five parking spaces located at the rear of
the restaurant would not be used by the restaurant's employees; they would be reserved for
use by the general public only, including the restaurant's customers. Mr. Basu recommended
that it would be advisable for the City to clarify Liability concerns involving the parking
spaces, due to their unusual location straddling both ROW and private property.
Motion: Mr. Kerr moved to approve the request, as read. Mr. Eisenhart seconded the motion,
Vote: Approved: 7
IV. Approval of Minutes.
Disapproved: 0
In regard to the Minutes of the meeting for December 12, 1995, Mr. Basu commented that the
meeting was held in the Conference Room and not in the Chambers, as stated in the Minutes.
Mr. Basu also asked that staff confirm and clarify the content of page two, paragraph four.
Motion: Ms. Thorner moved to approve the Minutes of December 12, 1995, as amended. Mr.
Illas seconded the motion.
Vote:
0A
Remarks.
PB Min 01 -09 -96
r
Approved: 7
Disapproved: 0
I
r
a
City Commission minutes:
Ms. Thorner asked that staff include minutes of City Commission meetings in the Board's
information packet.
Quorum for next Board meeting:
Staff qui
ff red as to the Board members who would be attending the next Planning Board
meeting, tentatively scheduled for January 30, 19960
Bakery Centre:
Upon the Board's
inquiry, staff confirmed that the ERPB would examine plans prior to
demolition of the present structure.
vie Adjournment.
Chairperson
Secretary
PB Min 01 -09-96
N
C
CITY OF SOUTH MIA11I
glVl
NOTICE • PUBLIC HEARING
FEB. 8, 1996
was published in said newspaper in the issues of
Jan 19, 1996
(SEAL)
4 4p,
OctelmaV. Ferbey4ols, n to me.
° +., 0F F
01TICIA1 NOTAPY SEAL
CHF.Rh HMAWFIR
COMMIS,i!ON NO, M914V
XV COMMISSION fiXf, AVFK 12,1996
/7