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8THE 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: Jane K. Tompkins, AICP, Planning Director From: Steven Alexander, City Manager DATE: October 17, 2017 SUBJECT: Agenda Item No.: __ {_g.....;::..-.-_ 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 "Hank 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 Page 2 of4 • 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 A1.0 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 1 0 = 10.72 Parking Spaces ~ 11 Parking Spaces o &.--F--. Non-Patron Use Parking Space Requirement 1,335 &.--F--. 1 Parking Space 1 X 30 = 4.45 Parking Spaces ~ 5 Parking Spaces O~ 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 (FDOT), 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 Special Use -General Restaurant 5958 S. Dixie Highway October 17,2017 Poge30/4 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 $1,000/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(8)(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 1 2 RESOLUTION NO. _________ _ 3 A Resolution relating to a Special Use application to permit a General 4 Restaurant use at 5958 S. Dixie Highway. 5 6 WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC), 7 the applicant, Richard Sklar, submitted Application No. PB-17-019 to the Planning Board 8 requesting a Special Use Approval to operate a general restaurant at 5958 S. Dixie Highway, 9 within the Special Retail "SR", Hometown District Overlay "HD-OV" zoning district; and 10 11 WHEREAS, the applicant proposes to lease the existing vacant space that will front the 12 courtyard of the subject building; and 13 14 WHEREAS, general restaurants are permitted as a special use within the Special Retail 15 "SR", Hometown District Overlay "HD-OV" zoning district and are subject to meeting the 16 general conditions specified in LDC Section 20-5.8 and subject to meeting the special use 17 requirements set forth in LDC Section 20-3.4(B)(4)(b) for a general restaurant; and 18 19 WHEREAS, the applicant's restaurant special use meets the special use requirements set 20 forth in LDC Section 20-3.4(B)(4)(b) which are: 21 22 23 24 25 26 27 28 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 29 WHEREAS, the Planning and Zoning Department has determined that the applicant's 30 restaurant special use meets the parking requirements for the Special Retail "SR", Hometown 31 District Overlay "HD-OV" zoning district; and 32 3 3 WHEREAS, the approval of a special use requires a recommendation from the Planning 34 Board and the approval of the City Commission after a public hearing; and 35 36 WHEREAS, at its October 10, 2017 Planning Board meeting, and following a public 37 hearing, the Board reviewed application PB-17-019 and voted 6 ayes, 0 nays to recommend 38 approval of the request for a special use to operate a general restaurant with conditions; and 39 40 WHEREAS, the City Commission desires to accept the recommendation of the Planning 41 Board. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 44 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 1 Section 1: Special Use Application (PB-17-019) submitted by applicant Richard Sklar to 2 operate a gen,eral restaurant at 5958 S. Dixie Highway, within the Special Retail "SR", 3 Hometown District Overlay "HD-OV" zoning district is hereby approved. This approval is 4 subject to the following terms and conditions as well as all applicable City ordinances, codes, 5 rules and regulations: 6 7 1. Adhere to the Special Conditions applicable in Section 20-3.4(B)(4)(b) General 8 Restaurant and Section 20-5.8 Special Use Approval ofthe Land Development Code; 9 10 2. The approved special use shall lapse after six (6) months if no master building permit 11 which implements the special use or certificate of occupancy has been issued for such use 12 and if the City Commission has not specified a longer approval period for good cause; 13 14 3. A separate application for outdoor dining will be required as per Section 20-3.3(E)(2) 15 Outdoor Seating / Dining for all commercial Properties, of the Land Development Code; 16 17 4. Any and all exterior renovations or modifications for the new establishment are subject to 18 approval by the ERPB to the extent provided by the Land Development Code; and 19 20 5. If the subj ect general restaurant is, in the future, determined by the Director of Planning, 21 to be adversely affecting the health or safety of persons residing or working in the 22 vicinity of the proposed use, to be· detrimental to the public welfare or property or 23 improvements in the neighborhood, or to be not in compliance with other applicable 24 Code provisions, the special use approval may be modified or revoked by the City 25 Commission upon notification and public hearing. 26 27 Section 2. Severability. If any section clause, sentence, or phrase ofthis resolution is for 28 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 29 not affect the validity of the remaining portions of this resolution. 30 31 Section 3. Effective Date. This resolution shall become effective immediately upon 32 adoption by vote ofthe City Commission. 33 34 35 36 37 38 39 40 41 42 43 44 45 PASSED AND ADOPTED this day of, ,2017. ---------------------- ATTEST: APPROVED: CITY CLERK MAYOR 1 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 2 LANGUAGE, LEGALITY AND Mayor Stoddard: 3 EXECUTION THEREOF Vice Mayor Welsh: 4 Commissioner Edmond: 5 Commissioner Harris: 6 CITY ATTORNEY Commissioner Liebman: 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 before Planning Board & City Commission Address of Subject Property: " \0 \ Lot(s) _ Block --Subdivision ~Sa. ~ ~~ ~~. PB - .!::..!:. \ 4 g -- Meets & Bounds: e.... \\.'.I\ \. , .... "' .... .l~ Applicant: Phone: ",(\1AMn ~~~ Representative: Organization: 'S,'L~ . L'~ ~OS. 8C'f . '{ Cc'l-O . Address: Phone: \\nQ\ k',~ " 'r"-'-. . \. )..C c;:l., .~(l \..J6 .~ \ 'S~\~<l. Property Owner: Signature: Mailing Address: Phone: Arch itecUE ng i neer: Phone: q~~ ~-'l~'1..... AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: KTenanULessee -Owner _Owner's Representative _Contract to purchase _Option to purchase APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM PLEASE CHECK ALL THAT APPLY: -Text Amendment to LOC _Variance -Letter cif intent _ Zoning Map Amendment _Special Use _ Justifications for change _ PUO Approval _ Special Exception _ Statement of hardship _ PUO Major Change _Other (Waiver of Plat) _ Proof of ownership or letter from owner ( _ Power of attorney Briefly explain application and cite specific Code sections: _ 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 17" _ Affidavit-Receipts attesting to mail . notices sent Section --Subsection· --Page #: __ Amended Date: _ Mailing labels (3 sets) and map _ Required Fee(s) The undersigne has read this com leted application and represents that the information and all submitted materials are true and correct to the est fthe ap licant's . d beliefn . ~ --. . .t), ~fch v lJ l Applicant's Signa re 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 regUlations. 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 ____ _ 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 BAJNtK"NIl BARDV~~'S , ,-IJ r lie A T I; S 5 IN' Corporate Office 1691 Michigan Ave Suite 330 Miami Beach FL 33139 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 the 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. ar and Richard Booth July 13, 2017 Attn: City of South Miarnl-.,. Zoning Department IBuilding Department Re: .. Hank&Hany'sf)eli~tessen SpaceA1911 A102 ... . 5956SqufuOixfa Hignway . South Miami. Florida 33143 To whomitmayconoom, The following squarefqotages for thesfeas listed afe as follows: ROOM 100· ROOM 101 ROOM 102 ROOM 106 .': .... " ". PINiNGAREA ... FRONT COUNTER KirCHEN. . .. CORRIDOR 1.072 SF 427 SF 791 SF 117SF Archltei;;Nftl it P\)~tWl Ma(kt}tlng<:!nci Sl;(iHHgy !lent C:>,C)ttl f,)Q"'{i10pment 'ltwe maybeoffurtfterassistanoo, please c~ntact thisofficeat(305) 4404314 at your convenience. Sincerely; ..... Poge 1 of 1 GONZALIZARCHITECTURE· 4304 Nf 2""Avenue • Miami, florklo 33137 • T; 305 440431 A • f; ·866 44:3 1486 www.gon1.o!szofchlledlJre.com 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 8A-5, requires that aI/lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, e with the city, including the city manager, city attorney, department heads, city personnel, or the city commission or members oj any city board, concerning a matter that could foreseeably by the city commission or a city board. There are some exceptions and exemptions. The not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, or technical information at public meetings, representatives of a neighborhood tion and representatives of a not-for-profit community based organization for the 0 seek to influence without special compensation. Individuals who wish to view or liste meeting can be found on the city's I. Call to Order Action: Mr. Basu II. Roll Call ons of the Subrata Basu (Chairman), Dr. Velma Palmer . Sally Philips, Mr. Gary Robinson, Ms. Aracely (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 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 pointed out there was a The report included the following sta "It is recommended th application ." The statement should be correcta!:lllto 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 ction 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 confirmed 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 ofthe 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 Hometownlmprovement 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 de,c:;ided to go ahead with assigning the parking spaces to the restaurants. .;~$r;~;;~:' '{~~;:::~f·:::··"·:··'·"·' Dr. Palmer stated that because there is no parkin~;~~~~{ftli~.ttor future tenants in the building, it is possible that the establishment may not want td;;do'busj~g~,~in the City. '-~'';':-"">:'<' •••• ~.:::.:\>t:; .. Ms. Alicea asked if there were any plans f9f~l~~~;rian traffic a~~~1~~§~.1 since it may be widened. Mr. Lightfoot responded that he was dO~~'~'Hvy to any plans for wtrrl§~.j~g US-1. Mr. Robinson stated that there was a discussion aboutl;~~g!=strian brlgge at Suns~;~~' e but the discussion d·led. ..<\;;~*>.. /-.:,; "';' ··::~~1:1X~;~.r::·~· ?:d(tJ~~\~~ltt~~';':' i%'Jj'\·l\!::............ . ···<.?;l;t~;r;;;~i .. · Dr. Palmer asked if there wilfiij~;'~·6~;~V~door seafifl~J'\~r. Sklar stated that an application was submitted by the property owh~h),'aHti~l~~t,.they WOma}Q.~ following that plan. Mr. Lightfoot added that a plan was submitted';ilftOp is·~Yitf:~'qt.l.yundef~f~~I~~ by staff. She then stated that with outdoor maY\~~ha differ~Ot:il~~ilUatio·~~t~g~rding parking. Mr. Lightfoot V~:?:~~>t::.. ;::::?.:.::.~:.:~:~:.: .. :: ;::w'/ . .,. '~::./y':::> responded t areas'~aQnot.aelUnffQwards reqUired parking for a business. \(~~~\\~~.'1~ .. £{4·'· "l;%t;;~1~;i Mr. Basu: Yes Dr. Palmer: Yes Mr. Jacobs: Yes Dr. Philips: Yes floor to p~';~J~ comments on PB-17-019. hli,"·· .. • ... ""'ments on PB-17-019. nnr,,..,\1,,, PB-17-019. The motion was seconded by Ms. Alicea. 3 RESOLUTION NO. 021-17-14822 A Resolution approving 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 RetaiIISR", 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, restaurants are pennitted as a special use within the Special Retail II 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 -side services of any kind. 11. No services of a drive-in or of a fast food nature shall be pennitted. lll. 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 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 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 AND 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 Special Use Approval of the Land Development Code; 2. The approved special use shall lapse after six (6) months if no master building pennit 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. 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 of Planning, 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~W READ AND APPROVED AS TO FORM, COMMISSION VOTE: ~-O LANGUAGE, LEGALITY AND Mayor Stoddard: Yea EXECUTION THEREOF Vice Mayor Welsh: Yea Pg. 3 of Res. No. 021-7-14822 ,.f- Commissioner Edmond: Commissioner Harris: Commissioner Liebman: Yea Yea Yea (i) South~iami THE on' 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 DATE: February 7, 2017 Agenda Item No.: 15" FROM: Jane K. Tompkins, AICP} Planning Director 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 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 LOC, 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- sholl 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./urther 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 ,Sheet A~l of the Site/Floor Plan submitted with the application, the applicant is propo~ing 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 YSIS 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 • One parking spaceper 300 SF devoted to 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 100 ~ = 17.55 Parking Spaces ~ 18 Parking Spaces Non~Patron Use Parking Space Requirement 1,145 $.;-[L.. 1 Parking Space 1 x 300 $.;-[L.. = 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 issu~d, the projectwas reviewed by the Florida Department of Transportation (FOOT), w'ho 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 of 5 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 into the Hometown District Improvement Trust Fund at $1 ,OOO/parking space defiCient or obtain a Special Exception waiving the deficient parking spaces. This requirerrient is consistent with the following LOC sections: • Section 20-7.6(C)(2)(b) If there are fewer ·spaces provided than required for existing buildings, the applican~ 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 fee as set forth below. Iil 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 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 beused for patio or street-side services of any kind; • No services of a drive-in or of a fast food nature shall be permitted; and Furthermore, the requested special use does not conflict with the Comprehensive Plan and complies with the LDC requirements set forth in 'Section 20-5.8{B}(1) 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. Special Use Approval -5958 S Dixie February 7,2017 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. STAFF 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 !Jse 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). AlTACHMENTS: • Draft Resolution • Application Package • Draft Excerpt of Planning Board Meeting Minutes l 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: 75 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 aod 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. 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, 7923 NW 195 Terrace HIALEAH, FL 33015 www.permitx.net (786) 306-4492 mpermx@ao\.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 By: Permit X Inc. FRITZG RALD MASSON State of: \1'uy\do. County of-'-: -'-,0=-r-vv-v"--'CI,--'-rc-'-,--- Subscribed and sworn to before meJ'l~his 2C1 day of -l-!-'!h"""'4I-"'y+-"U""'S::...'f-____ _ Notary Public Signature,~:Afub~:::--=-' :....,...."~~,,....-,---,:-;---,-__ Notary Public N ame:4{)'LOJIclra. \tibU tCl My Commission Expires: 0\ \?tQ \"z.~ _____ _ 1 NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida· 3 3143 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. SW74TH ST m, .... ....,.. ..•. ~ .. ..... :, A:.'. ~:, ~: SW73RDST 5940 7311 5901 All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting 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 of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Refer to hearing number when making any inquiry. HA.NK"~!) HLARRY~'S, ~ !J I L ! (' '" r I: S S I: :; Corporate Office 1691 Michigan Ave Suite 330 Miami Beach FL 33139 Intended Use Hank and Harry's Deli is a ,proven, highly regarded restaurant concept brought to you by hospitality veterans Buzzy Sklar anc;l 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 the place to all of your appetizing needs. Hank and Harry's Deli serves breakfast, lunch and unlike mostdeliswi11 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, /..:-1 Buzzy Sklar:;n a~A/char~ Booth , //' /~ Propreitots ~ {/ / U MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/kJa 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 the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any (SEAL) MARIA MESA personally known to me /-' o seplE 1'=30' o 15 30 1"""..-" .31CI I I I I I I I I I I I CBS lOT 10 .. E!l..oCK i AYENOED FLAT Of Th.E SOLO\lOfl' 5UBPIWS!ON (P.8. 7. sSG. 10 (NOT PARr OF-1M)5' sofh£Y), I I I I I I I I r----------I I ------------"-1 I I I I I I I LOT 9. 01.0CJ< 2 AMENDED PLAT OF 1kE" SOl..OVC(F SU50IYlS:O'1 (PJt 7, PG. 11) (HOi PART Of TIiIS·SURvcy) 3T~I, Inc. L87799 PROFESSIONAL LAND SURVEYORS AND MAPPERS 12211 SW 129th CT. MIAMI FL 33186 tel: 305-316-8474 fax: 305-378-1662 www.3tci.com I I I I I I I I I c ct,£ANOUT • c~fdi 'SA!;IN LEGEND & ABBREVIATIONS: Ale AIR: W~OIllO;NtNlHJA[) BUX;:, BUnDlNG elf Cf:fNN UNKc fENCE 'ettD OO'lCRETE POWER pOl£ ~ .GUARD RN/. ? sr~OT EttYIoTlQ:1 ~ SE\\ER VAl'iE ow UllUTY BOX ~ WATER vAiye .. 1'/,,,,, MEIi" WPo wqoo PM G:BS C~ffiEtE elOCK StructuRE .(e) eALC~T£O @ tRE.l.SE TRw' ;. ~AI'Dle", Slo>< :t UGHH<l'" o LiOHr" GOLt.iR6 F1 £U:CTRIC BOX" It! l\L£crr{/C MAtlHlKE . ~ FlRE"HYOIlMU: 'i" l.IiR!Qi.TlON (:_~n{oL VA.t\t: ®-MONtT~NG ,,~ wt'd=;~r..~llli. (--GUY w,f<£ a--O :;mEET UeMT t::8D m ... mc $I~Al eor ~C.'JEl.Effi()I£BOO1H '!';Po mAffJC ,C(JJIItOI. PA.'1D: Pi.tCl proESmiAlI SGNAl. 'POlE vp. UGHT p~ ta ~A.IQt f3"-S1N CH. CHOltO I;)lstANC£ 'l CEl<1£R'UN£ CONe,' CCNCRElE . ~ ~~~A reo eNe. tNCROACHl/.[NT fP.lP •. F'OWIO IROti P1P~ no, roui/D .£a.~ f',F:E.. nfllSH FLOOR ELEVA'tTON F.N, rouND t-IAIL '. . . GV GAS \lALIJE t. l[NGUi N NOR1'H ~ ttAIL eox . ... $I~ l'llC TEW'HONE .BO'X. ail ~~s IJE:ttR nG?b.~· .=,,~~C:~~~~A1W " S,,'" puatlC T£L.£PHOOe eo)[ ~ (.'QNc~£t£ POU: OIL ON Ut.t " (~:R:!l.) ~ClAt. RE~C?K1l e~ (!,lEAS,) '1EAStJREO $ ~jI,kirAA'( SE'~' MANHplt fl) ST~ ~E:y.iq. MI'~~9ili ~ larPl~~IE lt~HHciE @ UN~~"O\Vt W-NHcU: WI' W(JOO mice {a:o.~,) aA~S OF" B~~lN1,i T rAN.GENi P.R,U. POlHT·AEf"EREt{CE ~CX'<VIJENT (flEe.) .tcoo. I r I I I I N : 9 I I I I r--------- SURVEYOR:'S NO!~! I·DATE OF COMPLETION: } 05"30·2.016 u.£: ,UlJUTY e:AStMEHT W )I;£!,i . 1t ~AOHJS ~/I;'t .R:IUHhOF"-WAY s SOOtH sf:c. S£C'liON ·Il-LEGAL dESCRIPTION AND PROPERTY ADDRESS: lots 1,2, 3, and 11, and the.NortheasterIV.35 feet. of Lot 4, Blo.ck 2, in SOLOVOFF SUBDIVISION, ~c~ording to the plat thereof as recorded in Plat Book 7, at Page ii, of the Publlc Records of MIami-Dade County, Florida. PROPERTY ADDRESS: 5958 SOUTH DIXIE HWY,.l?OUTH M1AMt FL 33143 I I I I I I I I I I fOLIO;; 09-4036:-ll29-O080 : a I '" CERTifiED TO: ' r-----~----,-,-, -----,-, --------------, I iil >' Bank of AllIeriGil.,N.A. and its successors and assigns I k_1 " ' ' I g ,,-i;l Old Republic National Tltlclnsi.rance Company : ::1 ~ ~ d ., GRST SoMi InY<ffltors, LLC I 9 g:"... Gl'r;Cl\stl"Cl:t Finallcial, L.P. I iii .. ~ ~ Greensb:eet Caplial, L,P .. I h~~ I !<" !II-ACCURACY: J ¢ ~ r'--~'~-::'-- I ill I < I I I I I I I I I I I 3 I I I I \ : r-~------- I I I I I ~ I S I I ! THIS SURVEY WAS PREDICATED ON THE EXPECTED USE OF LAND, AS CLASSIFIED IN JHE STANDARDS OF pRACTICE FOR LAND SURVEYING I.N THE STAT6.0F FLORIDA.~ PURSUANT TO RULE 5J·17 OF THE FLORIDA ADMINISTRATIVE CODE IS 'SUBURBAN"THE MINIMUM RELATiVe DISTANCE ACCURACY FOR THIS TYPE OF SURVEY 1$1 FOOT IN 7,500 FEET, THE ACCURACY OBTAINED BY MEASUREMENT AND CALCULATION OF CLOSED GEOMETRIC FIGURES WAS FOUND TO EXCEED THIS REQUIREMENT, !V.SOURCES OF DATA: THIS SURVEY IS BASED UPON RECORDED INFORMATION AS PROVIDED BY CLIENT. NO SPECIFIC SEARCH OF THE PUBLIC RECORD HAS BEEN MADE BY 3TCI. • NORTH ARROW DIRE;CTJON IS BASED ON AN ASSUMED MERIDIAN. BEARINGS AS SHOWN HEREON ARE BASED UPON THE CENTER LINE OF ~S·L. WITH AN ASSUMED BEARING OF N47'51'3S'E, SAID LINE TO BE CONSIDERED A'WELL MONUMENTED LINE. THIS SURVEY HAS BEEN pREPARED FOFl. THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON ONLY AND THE CERTIFICATIONS HEREON DO .NOT EXTEND TO ANY UNNAMED PARTIES. LOCATION MAP NOTTOSCALE SECTION 18, TOWNSHIP 54S., RANGE 41 E. THIS PR9PERTY IS tOCA1ED IN ftOOD ZONE; X. AS PER FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMAI COMMUNlTY·PANEl!. CITY OF SOUTH MIMlI·I_ • MAP·PANEl; 1200tlC<J458. SUFFI~ t. El'FE.CTlVE OATE;O 9-11,2009ANOAFIBM INOIt)(oATEOF 1)9.11-2000. ' IN SOME CASES GRAPHIC REPRESENTATION flAVE BEEN EXAGGERATED TO MORE CLEARLY ILLUSTRATE A PAIlTICULAR AREA WHER~ DIMENSIONS BHAtt HAVE PREFERENCE OVERGRAPHle tOCATlON, V· VERTICAL <;,91'l.TJWL:_ =~~~~:~~~~:~6::'=:::~:C~!";,~~~!~~D:~~~~:H~':;'~':;'~~~':;mi Ofi3.3 FEET (N.G,V,O,-211) UNDERGROUND IMPROVEMENTS H'WE'NOT BEEN LOCATED EXCEPT AS SPECIFICAltY SHOWN, SUBSURFAcE SOil CONDITIONS WERE NOT OETERMIN"D. AS THIS FALLS OUTSI9£ THE PURVIEW OF THIS SURVEY, THESE CONOITIONs.MAy INCLUDE THE DETERMINATION OFINERANOS; FILU;D4N AREAS. GEOlOGICAL CoNDITIONS OR POSSIBLE CONTAMINATION BY HAZARDOUS LIQUID OR SOLID WASTE TflAT MAY OCCUR WITHIN. UPON, ACROSS, ABUTTING OR ADJACENT TO THE SUBJECT PROPERTY. VI-SURVEYOR'S CERTIFICATE: I HERESY CERTIFY: rflAT THIS 'SOUNDAlWSURVEY"ANO THESURVev MAP RESULTING THEREFROM WAS PERfORMED UNDER MY DIRECTION AND' l$lR~E AND CORRECT TO THE BEST Of MY KNOWU;OOE AND BEliEF AND FURTHER, TlIArSAlO -SOUND.MY SURVEY" MEETS THE IIjTENT OF THE APPLiCAillE PROVISIONS, OF THE S1:,o,NDAADl; OF PRgTleE FOR LAND'SURveYING IN THE; STA1E 9F FtoRIDA·. PURSUANT TO RlJUlilJ·170FTHE FLORIDA ADI.!INISTM,TIVECODE AND. ITS IMPLEMENtiNG LAW, CHAPTER 472.P210F THE FL.ORIQA .STATIJTES. CORPORATION .~-fl:t.fI4-0_F_AUTHORIZATION NUMBER LB7799 BY:_ ROLANDO ORTIZ REGISTERED SURVEYOR AND MAPPER LS4312 STATE OF FLORIDA NOTlCc~ NOT VALlO. WITHOUTTH~ StGN~TU~E ANO ORIGlt~~ RAISE.O SEAL OF A FL~OA UCEf-!~eo SURVEVORANO MAPPER. ADDITIONS OR D:ELE.TION~ TO SURVEY MAPs BY OWER THAN THE SIGNING PARlY ME PRotilSmm W'~T THE WRITTEN CONSf;ID OF THe StONING BOUNDARY SURVEY OF 5958 SOUTH DIXIE HWY, SOUTH MIAMI FL 33143 PROJECT DATAl OCCUPANCY PROJECT ADDRESS: SUlTEA101/A102; 5966 S. DIXJE HIGHWAY, SOUTH MIAMI. FLOR1DA33143 FOLIO NUMBER: 09-4036-029-0080 LEGAL DESCRIPTION: AMO PLAT OF SOLOVOFF SUBDIV lOTS 1 TO 3 & LOT 4 LESS SW15FT & LOT 11 BlK2 PB 7·11 LOT SIZE IRREGULAR OR 11270-683 03&14 SCOPE OF WORK: TENANT IMPROVEMENT TO SHELL SPACE WORK AREA: 2,£65 SQUARE FEET ZONING: 6300 COMMERCIAl· RESTRICTED TYPE OF USE: RESTAURANT TYPE OF OCCUPANCY; GROUP A-ASSEMBLY A-2 TYPE OF CONSTRUCTION: NlA ALTERATION TYPE: LEVEL2 OCCUPANT LOAD: as OCGUPANTS(1072 SF/15 SF/oce = 72 J [1,218 SF/l00 SF/OCC =131 REQUIRED No. OF EXITS: 2 NO. OF EXITS PROVIDED: 3 OCCUPANCY SEPARATION: 1 HOUR CODES: ZONING: ARCHITECTURE! ElECTRICAL: FIRE: PLUMBING: MECHANICAL: ORDINANCE OF THE CITYOF~S.o..>pl"""(IW.{, FLORIDA BUILDING CODE, EXISTING 2014; flORIDA BUILDING CODE: 2014ANO FLORIDAACCE5SIBILITY 000E2014 NFPA 70 -NATIONAL ELECTRICAL CODE. FLORIDA FIRE PREVENTION CODE. 5th EDmON. NFPA 101 LIFE SAFElY CODE. 2012 NFPA 72 NATIONAL FIRE AlARM CODE. 2010 FLORIOA BUIlDING CODE. PLUMBING 2014 EDITION FLORIDA BUILDING CODE, MECHANICAL 2014 EDITION EQUIPMENT SCHEDULE n~m:ffu Ecui ment Gate arY R~go, RastauronlGa8 FfYlIr,DtepFal,Gcs 1 Griddle,Gos 3.1 1 Refr\osrotor,Shorl 4 t Work Tobia 4.1 1 Drop-In, Hot Well., Top l.Iount 4.2 1 Wall ShlJlf Ovall,Convectlon,Gas WOlk ill Cooler 6.1 1 £voporatorforo\xlve 1 Condansingunilforobove WQlk In Freeur EVQporatorforobove 1 Condanaing unit for oboYa 7.3 1 H80terWint 9 1 W"rk Tobie wi Sink 10 Refr;glll"lltor. PilIQ Prep 10.1 Doubl. 0..81" Shelf 1 WQrmer, Food Overhead 11 Sink, Ma~ 11.1 FaUt;el,Sarvlc:4S1nlc 1 Sink. NSF, 3 comp, 16 gauge 12.1 2 Fouo:et, WaU Mount 12.2 1 Wall Shelf 13 1 Sink. Hond. Wotll.lount 14 Dishiable,Sttolghl,l6goll<;le D;ehiablto,SortingShetl 1 Worewesh8r, Door Type. LDw Temp 1 Diet1toble.'l,'Sh.opa, 16 gouge 16.1 1 Pre-Rinse Faucet, Walll.lount 16.2 mshtabfe,Sort1ll9Shelf Plate Cabinet 1 Wor}: lebla wi Sink 1 Foucet. Woll t.tount 18.2 1 Sink, Crop-In lB.l W09 ShlI!f Soda Dispenser lee t.4oker w/o Bin Manufacturer Imperiol Range Imperial Ronge ~ogiKitch'n True Food Servlee Custom Blodgett U, "",,,m rue Food5elvice Advance Tobeo Kto .. net.lliol once Tobco Krowna Metol Cusiom Adv<lnceTebeo r;lnceTobco cWo. Oiolhmochinu Advance Tobco KroVl'n.et.letal AdvancaTobeo Custom Glostender Custom TBA 19.2 FIlter S)'IItem. Fountoin Beveraga Everpul1l 20 Counter Top Tobie wi Sink CU9tOm 20.1 WoH Shelf 21 Tecster, Conveyor Wor!n; Commtn:l01 22 Rafrigarotor, Sandwich/Solad Prep TNe Food SeMee Hold ~ Serve DfGwer Wbton Industriaa 24 1 SJicar. Food Gloh Food Equlpmant 24 1 Sneer, Food Globe Food EquIpment 25 t Refrigarmor, Undtn:ouniar, IoJ:JA. True Food Servici 26 Refrlgerotor./JJrCuriainTypa R.rrlgerotor. AIr Curtair> Type OisployCCI$e, DryCaa, 26 ElIpreualolach;r>I!II,TrodiUonol 26.1 CofreeGrinder 29 Coffee/Tea ~I)ker 29.1 1 Coffee Grindar 1 Rufrlgerotor,Undercounter 31 Counter Top Tobluw Sink 31.1 Wall Shall 31.2 1 KnocltBox 32 Drop In, frener/lce Cregm l3 Otpp ..... al1 a: FOijcet 34 1 Ica t.laker VI/ Bin 35 1 Mll«!r, Ofink FS 8 Fleer Drtlin &:hau9t Hood POS Turmlnol Shelving Unlb True Food SaMCt True Food Strviee NUl)va Slmon,lIi US<\. Bunn-D-loIoUc Sunn-O-loIolic 6unn-o-MaI.Ic True FoodSl.!l"vlce Custom Krgwna Melal IiaIhlloki America Worinq Commen:JaI Advolnc.Tobco Madel Number IR-6 ,,, .... MKG48 TRCB-48 custom ~OD_200D Custom ZEPHAiRE-100-C ES Custom c;uatom Custom custom Custom Custom Custom P 119 Custom GRAH-.f8D3 9-DP-40 16127 93-3-54 16Rt 14-812L C"""" HS-9L D1C 560-.... DT-6R-21 DTS-G6D-60R 17-108Wl OT-6R-12 Custom Custom 14-812l DI HS12 Cuelom Custom Soda Dispenser - C0522t.11\-1 EV91005' Custom CTSl000 SSU-72-30t.l 9-DS-ST-ADA HBaoD2 3500H 3600N TUC_72 ADA C-48-S !THAC-48-S Cuetom Victorio Arduino 2 Group 20580.0001 35700.0001 20560.0001 nJC-24 Custom Custom Custom 225L 16149 F-lJOBAH C WDM360 FOR 1212 CUltom POS Term;nol SheMn; -LOT SIDEWALK SIDEWALK KEYNOTES LEGEND ® KEY NOTE· SeE ABOVE FOR REFERENCE I wrxx I WALL TYPE· SEE SHEET A,6.0 @ DOOR lYPE· SEE SHEET A.10.0 CID EQUIPMENT SYMBOL· SEE SCHEDULE NEW PAflTmON· SEE WAlL lYPES 2'ZZZ2ZZ EXIST. GYP. BD. PARTITION· SEE WN.l. TYPES JJII .. EXIST. CMU PARTI110N· SEE WAlL TYPES EXIST. CONO. COLUMN OR WAlL SEEWAll.1YPES SHEET NOTES 1. AU CONTRACTORS SHALL FIELD MEASURE AND VERIFY ALL DIMENSIONS. 2. AU CONTRACTORS SHAll GOMPLVwrrn APPLICABLE LOCAL, STATE AND FEDERAL BUILDING CODES. 3. APPLICABLE PERMIT SHAlL BE POSTED ON SITE AT AlL. TIMES. 4, GC TO PROVIDE AlL NECESSARY BLOCKING TO SUPPORT WALL MOUNTED CABINETS AND ACCESSORIES. 5. ALLWORKTOCQMPLYWTTH: FLORIDA BUILDING CODE, EXISTlNG 2014; FLORIDA BUILDING CODE 2014, FLORIDA ACCESSIBILITY CODe 2014, NFPA 70- NATIONAl. ELECTRICAL CODE, FlORIDA ARE PREVENT]ON CODE 5TH EDmON, NFPA 101 L!FS SAFETY CODE 2012, NFPA 72 NATIONAL FIRE ALARM CODE 2010. GON%AI.EVKHfTECIl.JRE 4304 NE 2ND AVENUE MIAMI FLORIDA33137 T: 305.440.4314 F: 866.443.1486 E: create@gonzalezarchitecture.com ENGINEERS OF RECORD cREDO CONSULTING ENGINEERS, LLC 800 E BROWARD BLVD., SUITE 601 FORT LAUDERDALE, FL33301 PHONE: 954 763 2246 FAX: 954 763 2247 . WNW.CREDO·ENGINEERS.COM y z « I DESCRIPTION '" LO 0> LO NEW FLOOR PLAN SCALE: 1/4" = 1'-0" SHEET A1.0 C 2Q11 Gonzalez Architecture PA MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily ·Business Review flk/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-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<\.GIl. 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 corporation any discount, rebate, commission f securing this advertisement for 6 day 0 CTOBER, A.D. 2017 ~cfiuw;LP (SEAL) MARIA MESA personally known to me 32SE I MIAMI-DADE COUNTY Fence demolished by Irma? Dade waives permit rules for unincorporated areas BY DOUGLAS HANKS dhanks@miamiherald.com Miami-Dade this week waived permit requirements for residential fences dam- aged by Hurricane Irnla, 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. I NEIGHBORS I SUNDAY OCTOBER 8 2017 MIAMIHERALD.COM MATIAS J. OCNER mocrler@miamiherald.com The waiver only applies to properties governed by cotmty zoning nlles in Mia- 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-lm1a fence. Fence permits start at $130 and increase based on the size of the fence being SEE FENCE, 33SE 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 in the cou nty. WHAT EDUCATION SHOULD BE! RIVIERA DAY SCHOOL (,,,011 Nervia Street. Coral Gables, FL 33146 I Tel. 305_666.1856 RIVIERA PREPARATORY SCHOOL Y775 SW 87 Avenue. Miami, FL 33176 I Tel. 786.300.0300 www.rivieraschoo1s.co111IAcn~ditcabyAtSF.SACS.MSA.Ai. NCPSA. NIPSA CITY OF SOUTH l\-llAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Cornlllis~ion (If the Clty of South Miami. Florida will conduct Public Hearing(s) at its regular City Commission meeting ~cheduled for Tuesday, Oct(lher 17. 2017, heginning at 7:00 p.m .. In the City nmlmissioll Chamht:r~. 6130 Sunset Drive. to consider the following itelTl(~): C' A R~s('llutjon relating w a Special ~r~e a~rlication to permit a\ General R~staurant u~e at 5958 S. Dr:<1~ Hlghway. J A ReS(l\ution approving renewal of the pritlf agreement hetween tht! City .md Steven Alexander for City Manager Services. amending Secr10n JO. A. to comply with City'S current pension l.lnlimlOce and allowing for adjustments ttl salary and hem'fits that are proviuetl for in each annual budget ALL jnterested partie~ are invited to atrend and will be heard, For further infr.mnatioll. pie:.lse contacr tht: City Clt:rk's Office at: 305-663-6340. Maria M. Menendez. CMC CityCIt'rk Pun;u~lnt to Fl''lida StolUltC'" 2So,Ol05. lhe City hereby advj:.;cs lh(' puhlic lh~ll ir a pL'l"pn decides to uppcul an)' dCl'i~ion m;.!.dl;" by thi~ Roan.!. Agency nr Comrnis:.;inn with re:-pt!ct to any mat:t!r cm:~id..:'I'C'll ,11 i.t). meeting or hearing, hi:' or slw ",,;11 Hl".:.'{l 41 r~orJ of the proceedings, and th.:11 ror su..:h r\lrpo~~, afrC'cled per:~on may ne~d 10 ensure Ihat a \'~'rh3tim rceoro of thc proC'e.;:~1ing~ h lIl .. ~dC' ,·,..hkh r~"<:nrd includes th~' h,~timony and cviJcncc upon which th~' appeal is to he hasC'J.