Res No 114-96-9868RESOLUTION NO.
i 'a
114 -96 -9868
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REQUEST
FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL." AS
SPECIFIED IN SECTION 20-3.4 (B) (4) (b) OF THE LAND
DEVELOPMENT CODE, LOCATED IN THE GR (GENERAL RETAIL)
ZONING DISTRICT, AND SPECIFICALLY LOCATED AT 5710 S.W.
40 STREET (BIRD ROAD), SOUTH MIAMI, FLORIDA, 33143;
AND, PROVIDING A LEGAL DESCRIPTION.
WHEREAS, Ms. Lucila Jimenez has made application to request
a Special Use Permit in order to operate a "Restaurant, General,"
as specified in Section 2 0 -3.4 (B) (4) (b) of the Land Development
Code, located in the GR (General Retail) zoning district; and,
WHEREAS,
South Miami,
the property is
Florida, 33143,
located at 5710 S.W. 40 Street;
and is legally described as follows.
Lots 3 through 10 inclusive, and the western % of the
alley lying directly adjacent to Lot 10, and Lots 15
through 24 inclusive, and the western Y2 of the alley
lying directly adjacent to Lot 15, Block 2, WESTERFIELD
MANOR SUBDIVISION, according to the plat thereof as
recorded in Plat Book 18
Records of Dade County,
at Page 47 of
Florida; and,
the Public
WHEREAS, the property owner has submitted a letter of intent
authorizing the future use proposed by Ms. Jimenez; and,
WHEREAS, Planning staff has recommended approval of the
application for a Special Use Permit, which recommendation is
based upon (a) the merits of the application and (b) consistency
with the City's adopted Comprehens
ive Plan ; and,
WHEREAS, on May 14, 1996, the Planning Board voted 6:0 to
recommend approval of the Special Use Permit; and,
WHEREAS, the Mayor and City Commission of the City of South
Miami desire 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.
Public Hearing June 4 th, 1996 1909 Caf6 Special Use Permit Page # 1
Section 2. That this approval is subject to and dependent
upon the restriction and limitation of the "Restaurant, General"
use to 5710 S.W. 40 Street as indicated in submitted site plans.
Section 5. The City Manager shall have final approval and
authority over all matters regarding the determination of the
applicant's compliance with the intent of these sections.
Section 6. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 4 th day of Tune, i996.
ATTEST:
CITY CLERK V
APPROVED:
VICE-MAYOR
COMMISSION VOTE: 44
Mayor Cunningham:
Vice Mayor Roba
Commissioner Bethel-
Commissioner Young:
Not present
Yea
L909 Caf ry2ed
Yea
Yea
Public Hearing June 4'r', 1996 1909 Caf6 Special Use Permit Page 4 2
To :
From:
Mayor and City Commission
Eddie Cox
City Manager
REQUEST:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
Date: May 28, 1996
Agenda Item #
Re: Comm. Mtg. 06/04/96
1909 Cafe Special Use Permit
A RESOLUTION OF THE MAYOR AND CITY CONIIViISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO THE REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT., GENERAL." AS SPECIFIED IN
SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE, LOCATED IN THE GR (GENERAL RETAIL) ZONING
DISTRICT, AND SPECIFICALLY LOCATED AT 5710 S.W. 40 STREET (BIRD ROAD), SOUTH MIAMI, FLORIDA,
33143; AND, PROVIDING A LEGAL DESCRIPTION.
BACKGROUND:
Ms. Lucila Jimenez has applied for a Special Use Permit in order to operate a general restaurant
at 5710 S. W. 40 Street which was previously "Oscar's Subs" (also licensed as a restaurant).
The proposed restaurant, the 1909 Cafe," will be a European -style gourmet sandwich shop. The
proposed restaurant will contain small tables and chairs as shown on the proposed floor plan
presented as part of this application. The floor plan indicates that the layout of the new use will
be very similar to that of the prior use. In addition, Ms. Jimenez will be operating a bakery in
this same shopping facility. The proposed bakery will be called "Sweet Art by Lucila" and does
not require a Special Use Permit. The definition of the general restaurant use, the special use
conditions for all uses, and the specific conditions for "Restaurant, General" are included below:
DEFINITION [from Section 20 -2.3; found on page 16 of the Land Development Code]
Restaurant, general. Shall mean an establishment where the principal business is the sale of food and beverages
to the customer in a ready -to= consume state and where the design or principal method of operation consists of
either of the following:
Sit -down restaurants where customers are normally provided with an individual menu and food and beverages are
generally served in non - disposable containers by a restaurant employee at the same table or counter at which said
items are consumed; or,
Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and
consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on
private property.
City Manager's Report: "1909 Cafe" 1
Catering service shall be allowed as an additional use in the SR zoning district.
In either the case of Sit -down or Cafeteria -type restaurants, public streets, rights -of -way, and sidewalks may not
be used for patio or street -side services of any kind. This use may include takeout service, but exclude any service
to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises.
SPECIAL USE CONDITIONS
(A) General Requirements [from Section 20 -3.4; found on page 39 of the Land Development Code]
(1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless
additional or more restrictive requirements are set forth below or by the City Commission.
(2) All such uses shall be determined to be of a compatible and complementary nature with any existing or
planned surrounding uses.
(3) A public hearing shall be held by the City Commission to determine the overall compatibility of the use
with the surrounding neighborhood.
(B) Special Requirements [from Section 20-3.4; found on page 40 of the Land Development Code]
(4) RESTAURANTS
(b) RESTAURANT, GENERAL
Is 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.
ANALYSIS:
Staff believes that the requested special use complies with the overall requirements stated under
Section 20 -5.8 of the Land Development Code [found on page 111 ], regarding the required
conditions for special use approval by the City Commission. Specifically, staff finds that the use
meets the conditional requirements set forth in Section 20 -3.4 and that the use:
a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the
proposed use [Section 20 -5.8 (B)(1)(a)];
b) Will not be detrimental to the public welfare or property or improvements in the neighborhood
[Section 20 -5.8 (B)(1)(b)]; and,
c) Complies with all other applicable Code provisions [Section 20-5.8 (B)(1)(c)].
City Manager's Report: "1909 Cafe"
2
The Planning Board voted 6:0 to recommend approval of the request for a special use permit for
a Restaurant'. General in the GR General Retail zoning district, as specified in Section 20- 3.4(B)(4)(b)
of the Land Development Code, specifically located at 5710 S.W. 40 Street (Bird Road).
M]MENDATION: Approval.
Attachments:
Resolution for Public Hearing and adoption
Planning. Board Staff Report by Brian T. Soltz
Letter of Intent from the Applicant
Letter of Approval from the Property Owner
Photocopy of Reduced Interior Site Plan
Advertisement for Publication and Mailing
Mailing Area Map (500 -foot mailing radius)
May 14, 1996 Draft Planning Board Minutes
City Manager's Report: " 1909 Cafe"
gil
f
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To. Bill Mackey
Acting Director of Planning Division
From: Brian T. Soltz
Planning Technician
ITEM: PBm96m011
Applicant.
Request.
Lucila Jimenez (1909 Cafe)
Date.
May 9, 1996
Re: Special Use Permit
5 710 SW 40 Street
A Special Use Permit for a "Restaurant, General" in the "GR" (General
Retail) zoning district, as specified in Section 20- 3.4(B)(4)(b) of the Land
Development Code.
Location. 5710 SW 40 Street, South Miami, Florida 33155
BACKGROUND
The applicant is requesting a special use permit in order to operate a restaurant at 5 710
SW 40 Street. The previous use at this location was Oscar's Subs which was also
classified as a restaurant. The applicant is also about to open a bakery in the same
shopping center under the name of Sweet Art by Lucila.
ANALYSIS
ill be a European -style gourmet sandwich shop. It will offer
The proposed 1909 Cafe w
gourmet sandwiches, soups, salads and beverages, including espresso coffee. The cafe
interior layout will remain the same. Staff believes that the requested special use.
1) Will not advers
ely affect the health or safety of persons residing or
working in the vicinity of the proposed use;
2) Will not be detrimental to the public welfare or property or improvements
in the neighborhood; and
3) Complies with all other applicable Code provisions.
�
l
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To. Bill Mackey
Acting Director of Planning Division
From: Brian T. Soltz
Planning Technician
ITEM: PBm96m011
Applicant.
Request.
Lucila Jimenez (1909 Cafe)
Date.
May 9, 1996
Re: Special Use Permit
5 710 SW 40 Street
A Special Use Permit for a "Restaurant, General" in the "GR" (General
Retail) zoning district, as specified in Section 20- 3.4(B)(4)(b) of the Land
Development Code.
Location. 5710 SW 40 Street, South Miami, Florida 33155
BACKGROUND
The applicant is requesting a special use permit in order to operate a restaurant at 5 710
SW 40 Street. The previous use at this location was Oscar's Subs which was also
classified as a restaurant. The applicant is also about to open a bakery in the same
shopping center under the name of Sweet Art by Lucila.
ANALYSIS
ill be a European -style gourmet sandwich shop. It will offer
The proposed 1909 Cafe w
gourmet sandwiches, soups, salads and beverages, including espresso coffee. The cafe
interior layout will remain the same. Staff believes that the requested special use.
1) Will not advers
ely affect the health or safety of persons residing or
working in the vicinity of the proposed use;
2) Will not be detrimental to the public welfare or property or improvements
in the neighborhood; and
3) Complies with all other applicable Code provisions.
<
COMPREHENSIVE PLAN
This requested Special Use Permit does not c
Plan of the City of South Miami.
APPLICABLE REGULATIONS
Land Development Code
• Section 20 -
• Section 20 -
394(B)(4)(b)
5.8 (Special Use Permit)
onflict with the adopted Comprehensive
RECOMMENDATION
Staff recommends APPROVAL of the special use permit.
.1.1SM011P1anning0anning Board\Reports11909 Cafe Staff Report
<
COMPREHENSIVE PLAN
This requested Special Use Permit does not c
Plan of the City of South Miami.
APPLICABLE REGULATIONS
Land Development Code
• Section 20 -
• Section 20 -
394(B)(4)(b)
5.8 (Special Use Permit)
onflict with the adopted Comprehensive
RECOMMENDATION
Staff recommends APPROVAL of the special use permit.
.1.1SM011P1anning0anning Board\Reports11909 Cafe Staff Report
V
Lucila V. Jimenez
1217 Granada Boulevard
Coral Gables, Florida 33134
May 2, 1996
City of South Miami
Department of Building,
6130 Sunset Drive
Zoning -and Planning Board
South Miami, Florida 33143
Re: Application for Special Use of.
5710 S.W. 40th Street
South Miami by 1909 Cafe ,
Ladies and Gentlemen:
Inc.
Please consider this document as a letter of intent to establish a
sandwich shop at 5710 S . W . 40th Street, South Miami , Florida by the
principal of 1909 Cafe, Inc., a corporation established solel Y for
the purpose of operating said premises; whose principal is Mrs.
Lucila V. Jimenez, the undersigned.
As requested by you, we have attached a letter from the owner of
the property attesting to the consent of said owner. See
attachment #1.
There is no need, nor do we intend to make any changes in the
overall layout of the •previously existing sandwich shop. The
f 1 •
ormer Oscar s Subs. There will be no changes in any electrical
connections or plumbing connections, nor will there be any changes
in the floor scheme.
We have
were ne
when we
carried out cosmetic changes in the
cessary due to the deteriorated cond
acquired the lease.
We are completely
overall quality of
of South Miami,
confident that our e
the shopping center
Resp fully submitted,
Lucila V. Jimenez(,
1909 Cafe, Inc. �
LVJ *.ml
Attachments
PresidE
walls and f lo
itions of the
nterprise will
and therefore,
or which
premises
enhance the
of the City
May 2,
1996
79th Street Corporation
F. R. Batista
535 Vittorio Avenue
Coral Gables, Florida 33134
City of South Miami
Department of Building,
6130 Sunset Drive
ft
Zoning and Planning Board
South Miami, Florida 33143
Re: 1909 Cafe
Lucila V.
5710 S.W.
Inc.
Jimenez
40th Street, South Miami
Ladies and Gentlemen:
I , the undersigned, president of the 79th Street Corporation hereby
certify the following
i. That the 79th Street Corporation is the sole owners of
the shopping center where the premises of 5710 S.W. 40th
Street, South Miami are located.
2. That the 79th Street Corporation has leased said premises
to Mrs. Lucila V. Jimenez, president of 1909 Cafe, Inc.
for the purpose of establishing a cafe -style sandwich
shop.
3. That the above mentioned use is entirely agreeable to the
offices of the 79th Street Corporation,
We encourage the members of the Planning Board of the City of South
Miami to grant our tenants a Special Use Permit as requested.
Sincer ly,
_Ivor
c/ r
F. R. Batista
For the 79th St
FRB:ml
reet Corporation
Attachment #2
Business plan for The 1909 Cafe .
Historical Information.
The premises now occupied by 1909 Caf a were formerly occupied
by Oscar's Subs, which was in business from 1965 until March
of 1996. Upon the closure of the Oscar's Subs business, Mrs.
Lucila V. Jimenez (who is about to open a bakery establishment
on the same shopping center. Sweet Art by Lucila, Inc.),
obtained the lease from the owner of the shopping center for
the purpose of opening a sandwich shop which will be named:
1909 Cafe.
Planned Operation.
The Cafe will be operated by 1909 Cafe', Inc. A corporat ion
licensed to do business in the State of Florida . Mrs. Lucila
V. Jimenez, an
Art by Lucila,
Cafe,
Planned Services.
experienced business woman and owner of Sweet
Inc., will oversee the daily operation of the
The 1909 Caf6 will be a gourmet sandwich shop with an ambiance
reminiscent of European-style cafe's,,
Menu items will include:
1. Several
sandwiche
sandwiche
29 A soup of
3. Salads.
4. Hot and c
"Dtandard sandwiches such as Cuban style
s, American style subs and other gourmet
s.
the day.
old beverages, including espresso coffee.
The Cafe will continue to have sit -down space as did Oscar's Subs
before. The sit -down area will consist of several small cafe at le
tables and a
for those who
Y
stand -up area for the over-flow during rush hours or
do not come to sit down.
Scope of Marketing:
We believe ther
of 1909 Cafe
nearby and no p
pastries. We
change from the
e i s a need
I
n the area
_ace where of
are confide
ordinary,
for a sandwich shop of the nature
There are no fast food places
ze can stop f or a cup of cof f ee and
nt in the public's desire for a
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NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
Building, Zoning & Community Development Department
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663 -6327; Fax #: (305) 666 4591
On Tuesday, May 14, 1996, at 7:30 P.M. the City of South Miami Planning Board will conduct a
Public Hearing in the Commission Chambers at the above address on the following:
ITEM: PB=96=011
Applicant: Lucila Jimenez (Cafe 1909)
Request: A Special Use Permit for a "Restaurant, General" in the "GR" (General Retail) zoning
district, as specified in Section 20- 3.4(B)(4)(b) of the Land Development Code.
Location: 5710 Bird Road, South Miami, Florida 33155
--------------------------------------------------------------------------------------------------------
- - - - --
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 BZCD
Department by calling 663 -63 47 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
Refer to hearing number when making any inquiry.
is to be based (F.S. 286.0105)0
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MINUTES
Planning Board
Tuesday, May 14`x, 1996
ti
City Commissioners' Chambers
7:30 P.M.
I. Call to order and the Pledge of Allegiance to the Flag of the United States of America.
Mr. Subrata Basu, , Chairperson called the meeting to order at 7:30 PM.
II. Roll Call.
Present:
S. Basu (Chairperson)
K. Zeller (Vice - Chairperson
O. Ken
A. Oliveros
A. Dupree
G. Illas
Absent:
C. Thorner
Also present: Brian Soltz, Planning Technician; David Struder, Board Secretary.
III. Public Hearings:
ITEM: PBm96=011
Applicant: Lucila Jimenez (1909 Cafe)
Request: A Special Use Permit for a "Restaurant, General" in the "GR" (General Retail) zoning
district, as specified in Section 20- 3.4(B)(4)(b) of the Land Development Code.
Location: 5710 Bird Road, South Miami, Florida 33155
Mr. Illas read the request. Staff stated their approval of the request, reviewing their
memorandum dated May 9, 1996 that had been included in the Board's information packet.
Following staff's remarks, public hearing was opened.
PB Min 05 -14 -96 1
Ms. Lucila Jimenez signed in to address the Board. Ms. Jimenez stated that 1909 Cafe was
expanding on the "sandwich theme" utilized by the former establishment, Oscar's Subs.
Mr. David Tucker Sr., of 6556 SW 78 Terrace, South Miami, signed in and spoke before the
Board. Mr. Tucker spoke on both exterior and interior aspects, including parking and seating, of
the new cafe. Mr. Tucker stated that seating was a "favorable" element of the restaurant.
There being o one else wishing to speak for or against the item, public hearing was closed.
g g p g
Immediately following the close of the public hearing, the Board voted on the matter.
Motion: Mr. Oliveros moved approval of the request. Ms. Zeller seconded the motion.
Vote.
Approved: 6
IV. Approval of Minutes.
Opposed: 0
Motion: Mr. Kerr moved approval of the minutes of April 30, 1996. Mr. Oliveros seconded the
motion.
Vote. Approved: 6
V . Remarks.
Opposed: 0
Quorum for the next, regularly scheduled meeting:
Staff inquired as to quorum for the Board's next meeting, which is currently scheduled - -for May
28, 1996. In response to Mr. Illas' inquiry, staff stated that this meeting is contingent on items
being received for the agenda.
VI. Adjournment.
The meeting was adjourned at 7:40 PM.
Chairperson
Secretary
PB Min 0544 -96
F)
CITY OF SOUTH MIAMI
PUBLIC HEARING - JUNE 4, 1996
RE: A SPECIAL USE PERMIT
FOR A "RESTAURANT, GENERAL", ZI-C.
inthe .................. X=zm**** ........... ****"**'*****'****'*** Court,
was published in said newspaper in the issues of
May 24, 1996
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(SEAL) c� ",7e CHERYL 11 RIARMEP
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1 0 owrFt"&
Octelma V. Ferb 'SION tPjmaER
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My COMMISSION EXPI,:;ES
APR. 12.2000