12THE Cln' OF PLEASANT l.IVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members ofthe City Commission
VIA:
FROM:
Date:
SUBJECT:
Steven Alexander, City Manager
Jane K. Tompkins, Planning and Zoning Direct?
September 5,2017
J~
A Resolution amending Resolution No. 048-17-14849 to extend the expiration of the Special
Use approval for a General Restaurant at 4000 SW 57 th Avenue.
BACKGROUND:
Resolution No. 048-17-14849 was approved on March 7, 2017, granting a Special Use approval
for a general restaurant at 4000 SW 57 Avenue. The Land Development Code (LDC) provides
that Special Use approvals IIshall 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" (Section
20-5.8(C)). However, that section also provides for a period greater than six (6) months to
obtain a building permit for good cause. Per the attached letter from the applicant, a permit
has been submitted to Miami-Dade County for review but has not been completed. This
process is required prior to the review by the City of South Miami Building Department. Once
both Miami-Dade County and the City's Building Department appr'ove the permit, it can be
issued, which will implement the Special Use.
REQUEST:
Staff requests that the Commission approve the resolution.
ANALYSIS:
The delay in obtaining the building permit needed to implement the Special Use is good cause
for extending the Special Use approval. The applicant's request of an extension of one (1) year
would give the applicant an optimal amount of time to obtain the necessary building permits
for the project.
RECOMMENDATION:
It is recommended that the City Commission approve the applicant's request for an extension
to their Special Use Permit. This approval should be subject to the following terms and
conditions as well as all applicable City ordinances, codes, rules and regulations:
4000 SW 57 Avenue -General Restaurant Special Use Extension Request
September 5,2017
Page 2 of 2
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 except for the
Special Use expiration;
2 .. Resolution of the shortage of fourteen (14) parking spaces prior to the issuance of the
Business Tax Receipt;
3. The approved special use shall lapse September 7, 2018 if no master building permit which
implements the special use or certificate of occupancy has been issued for such use and if
the City Commission has not specified a longer approval period for good cause~
4. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2)
Outdoor Seating / Dining for all commercial Properties, of the Land Development Code;
5. If required by the Code, any and all exterior renovations or modifications for the new
establishment may be subject to approval by the ERPB, to the extent provided in the Land·
Development Code:
6. The restaurant shall not operate nor shall deliveries be received between the hours of
10:00 p.m. and 6:00 a.m.
7. 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:
• Resolution
• Extension Request Letter, dated August 10, 2017
JKT
Z:\Commission Items\2017\09-05-2017\4000 SW 57 Avenue Special Use Extension\4000 SW 57 Avenue Special Use Extension Staff Memo 08-
22-2017.docx
1 RESOLUTION NO. _______ _
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3 A Resolution amending Resolution No. 048-17-14849 to extend the expiration
4 of the Special Use approval for a General Restaurant at 4000 SW
5 57th Avenue.
6
7 WHEREAS, pursuant to Section 20-3A of the Land Development Code (LDC), the
8 Applicant, Mathews-Jacobs Investments, LLC, submitted Application PB-17-002 to the Planning
9 Board requesting a Special Use Approval to operate a general restaurant at 4000 SW 57 th
10 Avenue; and
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12 WHEREAS, the City Commission unanimously approved Resolution No. 048-17-14849
13 on March 7, 2017 granting the Special Use application subject to the requirements set forth in
14 LDC Section 20-3A(B)(4)(b):
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16 1. All such establishments shall provide only inside or patio service on private property.
17 Public streets, rights-of-way, sidewalks and required setbacks may not be used for
18 patio or street-side services of any kind.
19 ii. No services of a drive-in or of a fast food nature shall be permitted.
20 iii. The City Commission shall review and recommend approval, disapproval or
21 modification of all site plans and project specifications for this special use permit; and
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23 and the following conditions:
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1. Adhere to the Special Conditions applicable in Section 20-3 A(B)( 4 )(b) General
Restaurant and Section 20-5.8 Special Use Approval of the Land Development Code;
2. Resolution of the shortage of fourteen (14) parking spaces prior to the issuance of the
Business Tax Receipt;
3. The approved special use shall lapse after six (6) months if no master building permit
which implements the special use or certificate of occupancy has been issued for such
use and if the City Commission has not specified a longer approval period for good
cause.
4. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2)
Outdoor Seating / Dining for all commercial Properties, of the Land Development
Code;
5. If required by the Code, any and all exterior renovations or modifications for the new
establishment may be subject to approval by the ERPB, to the extent provided in the
Land Development Code:
6. The restaurant shall not operate nor shall deliveries be received between the hours of
10:00 p.m. and 6:00 a.m.
7. If the subject general restaurant is, in the future, determined by the Director of
Planning, to be adversely affecting the health or s~fety 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; and
1 WHEREAS, Section 20-5.8(C) of the LDC provides that Special Use Approvals "shall
2 lapse after six (6) months ifno master building permit which implements the special use or
3 certificate of occupancy has been issued for such use"; and
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5 WHEREAS, Section 20-5.8(C) of the LDC allows for a period greater than six (6)
6 months to obtain a master building permit for good cause; and
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8 WHEREAS, the Applicant encountered unexpected delays while the permit was under
9 review by Miami-Dade County; and
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11 WHEREAS, the City Commission desires to amend the Special Use Approval for the
12 general restaurant and to amend the expiration date.
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14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
15 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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17 Section 1. The applicant has shown good cause for extending the time to obtain a master
18 building permit and therefore Section 1 of Resolution No. 048-17-14849 granting a Special Use
19 Approval for a general restaurant at 4000 SW 57 th Avenue is hereby amended to read as follows:
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21 Section 1: Special Use Application (PB-17-002) submitted by applicant Mathews-,
22 Jacobs Investments, LLC for a general restaurant at 4000 SW 57th Avenue, within the
23 . General Retail l GR" zoning district is hereby approved subject to the following terms
24 and conditions as well as all applicable City ordinances, codes, rules and regulations:
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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
except for the Special Use expiration;
2. Resolution of the shortage of fourteen (14) parking spaces prior to the issuance of the \
Business Tax Receipt;
3. The approved special use shall lapse after six (6) months September 7, 2018 if no
master building permit which implements the special use or certificate of occupancy
has been issued for such use and if the City Commission has not specified a longer
approval period for good cause~
4. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2)
Outdoor Seating / Dining for all commercial Properties, of the Land Development
Code;
5. If required by the Code, any and all exterior renovations or modifications for the new
establishment may be subject to approval by the ERPB, to the extent provided in the
Land Development Code:
6. The restaurant shall not operate nor shall deliveries be received between the hours of
10:00 p.m. and 6:00 a.m.
7. 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
1 Code provisions, the special use approval may be modified or revoked by the City
2 Commission upon notification and public hearing.
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4 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is
5 for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
6 shall not affect the validity of the remaining portions of this resolution.
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8 Section 3. Effective Date. This resolution shall become effective imm~diately upon .
9 adoption by vote of the City Commission.
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12 2017.
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PASSED AND ADOPTED this day of -----------------------------
ATTEST: APPROVED:
CITY CLERK MAYOR
21 READ AND APPROVED AS TO FORM, COMMISSION VOTE:
22 LANGUAGE, LEGALITY AND Mayor Stoddard:
23 EXECUTION THEREOF Vice-Mayor Welsh:
24 Commissioner Edmond:
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CITY ATTORNEY
Commissioner Harris:
Commissioner Liebman:
Jerry B. Proctor, P.A.
Hand Delivery
August 10,2017
Ms. Jane Tompkins, Director
Planning and Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Ms. Tompkins:
Re: Application for Extension of Special
Use Approval
Property: 4000 SW 57 Avenue
Property Owner: Matthews-Jacobs
Investments, L.C.
Please accept this application for extension of special use approval, pursuant to
Section 20-5.8(D), Land Development Code.
The undersigned represents Matthews-Jacobs Investments, L.C., ("Applicants")
owner of the commercial building at 4000 SW 57 Avenue (the "Property"). The Applicants
obtained Special Use approval on March 7, 2017, by unanimous vote of the Mayor and
City Commission to permit the expansion and modification of "Delicias de Espana"
restaurant on the Property. A copy of the approving Resolution # 048-17-14849 is
attached.1
Since approval of the Special Use application, the restaurant owners and their
development team have filed building permit applications. This endeavor involves
significant review of systems within a building that is over 60 years old. In addition, a
lengthy process of permit review is under way with the Miami-Dade County Water and
Sewer Department. The Department is installing new sewer lines along Bird Road in this
area in the next 18 months; the Applicants and restaurant are investigating what type of
interim sewer system requirements will be satisfactory. Because of the complexity of
these issues, we request extension of permit issuance deadlines until September 7,2018
(a 12-month extension).
1 The Application also obtained approval of a variance of off-street parking requirements for the restaurant by
Resolution 147-17-1494'8, on July 12, 2017
9130 S. DADEL\ND BLVD., SUITE 1700, Ml/\MI, liL 33156
305.779.2924 JPROCI 'OR@I'ROCl'ORI'A.C()M
2
Thank you for your consideration of this application.
cc: Jefrey Matthews
Cristina Llerandi
Sincerely,
~:~
Jerry B. Proctor
President
RESOLUTION NO. 048-17-1484'~_
A Resolution relating to a Special Use application to permit a General
Restaurant use at 4000 SW 57tIJ Avenue. .
~REAS, pursuant to Section 20·3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, Matthews-Jacobs Investments, LLC, submitted Application No. PB·17-002 to the
. Planning Board requesting a Special Use Approval to operate a general restaurant at 4000 SW
57th Avenue, within the General Retail "GR" zoning district; and .
WHEREAS, the applicant operates an existing restaurant in the building and proposes to
expand the operations into the tenant space formerly occupied by Allen Drugs and S&S Diner;
and
WHEREAS, restaurants are pennitted as a special use within the General Retail "OR"
zoning d,istrict and are subject to meeting the general conditions specified in LDC Section 20-5·.8
anq subject to meeting the speci~l use requirements set forth in LDC Section 20.3.4(B)(4)(b) for
a general resta-qrant; and
WHEREAS, the applicant's restaurant special use meets the special use requirements set
forth in LDe Section20-3.4(B)(4)(b) which are:
i. AU 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.
it No services of a drive-in or of a fast food nature shall be permitted. .
111. The City Commission shall review and recommend approval) disapproval or
modification of all site plans and project specifications for this special use pennit; and
. WHEREAS, the Planning and Zoning Department has detennined that the applicant's
restaurant special use does not meet the parking requirements for the General Retail rtOR" zoning
district and the shortfall must be addressed; and
WBE~AS, the approval of a special use requires a recoIIlIriendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at the February 14, 2017 Planning. Board meeting, and following a public
hearing, the Board reviewed application PB-I7-002 and voted five (5)-ayes, one (1) nay to
recommend approval of the request for a special use to operate a 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:
P~. 2 of Res. No, 048-17-14849
S~ction 1: Special Use Application (PB-17-002) submitted by applicant Matthews-
Ja90bs Investments, LLC to operate a general restaurant at 4000 SW 57th Avenue. within the
General Retail "GR", zoning district is hereby approved. This approval is subject to the
foil owing terms and conditions as well as all applicable City ordinances, codes. rules and
regulations:
1. Adhere to, the Speci~l' ,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. Resolution of the shortage of fourteen (14) parking spaces prior to the issuance of the
Business Tax Receipt; , ,
3. The approved special use shall lapse after six (6) months if no master building permit
which irnplem~nts the special use or certificate of occupancy has been issued for such use
and if the City Con:unission 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(B)(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 ERPB, to the extent provided in the
Land Development Code;
6 .. The restaurant shall not operate nor shall deliveries be received between the hours of'
10:00 p.m. and 6:00 a.m.
7. lfthe subject general restaurant is, in thef'uture, determin~d 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. S·evera~ility. 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 imrnediateJy upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 7th_ day of. _M_a_r_c_h ____ • 2017.
APPROVED:
Put~
Pg. 3 of Res. No. 048-17-14849
CITY CLERK MAYOR
5-0
Yea
Yea
Yea
Yea
Yea