Res No 192-18-15225RESOLUTION NO. 192-18-15225
A Resolution amending Resolution No. 186-17-14987 to extend the expiration
of the Special Use approval for a General Restaurant at 4000 SW 571h Avenue.
WHEREAS, pursuant to Section 20-3.4 of the Land Development Code (LDC), the
Applicant, Mathews -Jacobs Investments, LLC, submitted Application PB-17-002 to the Planning
Board requesting a Special Use Approval to operate a general restaurant at 4000 SW 57,h Avenue;
and
WHEREAS, the City Commission unanimously approved Resolution No. 048-17-14849
on March 7, 2017 granting the Special Use application subject to the requirements set forth in
LDC Section 20-3.4(B)(4)(b):
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.
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
and the following conditions:
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. 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 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; and
A6s. No. 192-18-15225
WHEREAS, Section 20-5.8(C) of the LDC provides that Special Use Approvals "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
WHEREAS, Section 20-5.8(C) of the LDC allows for a period greater than six (6) months
to obtain a master building permit for good cause; and
WHEREAS, the Applicant encountered unexpected delays while the permit was under
review by Miami -Dade County and requested an extension of the special use approval; and
WHEREAS, the City Commission approved Resolution Number 186-17-14987 on
September 7, 2017 extending the special use approval for twelve (12) months, until September 7,
2018; and
WHEREAS, the Applicant has encountered further delays with the Miami -Dade County
Water and Sewer Department which is still reviewing the Applicant's building permit; and
WHEREAS, the Applicant, on September 5, 2018, prior to the expiration of the special
use approval as extended by Resolution No. 186-17-14987, requested another one-year extension
of the special use approval to allow time for the permit to be issued; and
WHEREAS, the City Commission desires to amend the Special Use Approval to extend
the expiration date.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The applicant has shown good cause for extending the time to obtain a master
building permit and therefore Section 1 of Resolution No. 186-17-14987, which amended
Resolution No. 048-17-14849 granting a Special Use Approval for a general restaurant at 4000
SW 57 h Avenue is hereby amended to read as follows:
Section 1: Special Use Application (PB-17-002) submitted by applicant Mathews -
Jacobs Investments, LLC for a general restaurant at 4000 SW 571' Avenue, within the
General Retail "GR" zoning district is hereby approved 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
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 September 7, 20199 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;
Page 2 of 3
Res. No. 192-18-15225
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.
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 16'h day of October, 2018.
ATTEST: APPROVED:
CITY (4LE4 MAYOR
READ PROV D TO FORM, COMMISSION VOTE: 5-0
L LEGAL T Mayor Stoddard: Yea
ON THE Vice -Mayor Harris: Yea
Commissioner Gil: Yea
Commissioner Welsh:Yea
CI ATTORNEY Commissioner Liebman; Yea
Page 3 of 3
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: October 16, 2018
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section: RESOLUTION(S)
Subject:
A Resolution amending Resolution No. 048-17-14849 to extend the expiration of the Special Use approval for a
General Restaurant at 4000 SW 57th Avenue. 4/5 (City Manager -Planning)
Suggested Action:
Attachments:
4000 SW 57 Avenue Special Use Extension Staff Memo 10-16-2018.docx
4000_SW_57 Avenue Special_Use_2nd_12_Mo._Extension_Resolution_1_(1).docx
Letterfrom 1 Proctor.pdf
Resolution 048-17-14849.pdf
Resolution 186-17-14987.pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA: Steven Alexander, City Manager
FROM: Jane K. Tompkins, Planning and Zoning Director
Date: October 16, 2018
SUBJECT'
A Resolution amending Resolution No. 048-17-14849 to extend the expiration of the Special
Use approval for a General Restaurant at 4000 SW 57th Avenue.
BACKGROUND:
A Special Use approval for a general restaurant at 4000 SW 57th Avenue was granted on March
7, 2017 (Resolution No. 048-17-14849). The Land Development Code provides that Special Use
approvals "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" (Section 20-5.8(C)).
However, that section also allows for a period greater than six (6) months to obtain a building
permit for good cause. A one-year extension of this special use approval was granted by the
City Commission in September 2017 (Resolution No. 186-17-14987).
Due to the age of the building and continuing issues with the Miami -Dade County Water and
Sewer Department, the plans are still under review by the County. The County's approval is
required prior to the review by the South Miami Building Department. Once both Miami -Dade
County and the City approve 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 a one-year extension should
give the applicant sufficient 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:
2
4000 SW 57 Avenue — General Restaurant Special Use Extension Request
October 16, 2018
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, 2019 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 causei
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:
• Extension Request Letter, dated September 5, 2018
• Draft Resolution
• Resolution No. 048-17-14849, dated March 7, 2017
• Resolution No. 186-17-14987, dated September 5, 2017
3
JK
C:\Users\LASYPD`1\AppData\local\Temp\BCL Technologies\easyPD[ 8\@BCL@A0057965\@BCL@A0057965.docx
Jerry B. Proctor, P.A.
Hand Delivery
September 5, 2018
Ms. Jane Tompkins, Director
Planning and Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Application for Extension of Special
Use Approval
Property: 4000 SW 57 Avenue
Property Owner: Matthews -Jacobs
Investments, L.C.
Dear Ms. Tompkins:
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.' On September 7, 2017, a one-year extension was granted by unanimous vote
of the City Commission. The approving Resolution is attached.
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 has installed new sewer lines along Bird Road,
however, the permitting and coordinating process with Miami -Dade County on this issue
has taken well over a year. Because of these issues, we request extension of permit
issuance deadlines until September 7, 2019 (a 12-month extension).
' The Appfication also obtained approval of a variance of off-street parking requirements for the restaurant by
Resolution 147-17-14948, on July 12, 2017
7
9130 S. DADL'.LAND BLVD., SUITE 1700, INIIA 11, FL 33156
305.779.2.924 JPROCTORCa' RO(:1'C)ltl'A C0M
Thank you for your consideration of this application.
Sincerely,
Jerry B. Proctor, P.A.
Jerry B. Proctor
President
cc: Jefrey Matthews
Cristina Llerandi
RlESOLUTIOI� NO. 048-17-1 484-9
A Resolution relating to a Special Use application to permit a General
Restaurant use at 4000 SW 57`h Avenue.
WEEREAS, 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
57a' Avenue, within the General Retail "GR" zoning district; and
WIIEREAS, 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 permitted as a special use within the General Retail "GR"
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
WIIEREAS, 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.
ii. No services of a drive-in or of a fast food nature shall be permitted.
iii. The City Commission shall review and recommend approval, disapproval or
modification of all site plans and project specifications for this special use permit; and
WHEREAS, the Planning and Zoning Department has determined that the applicant's
restaurant special use does not meet the parking requirements for the General Retail "GR" zoning
district and the shortfall must be addressed; 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 bearing; and
WHEREAS, at the February 14, 2017 Planning. Board meeting, and following a public
hearing, the Board reviewed application PB-17-002 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
Board. WU RREAS, the City Commission desires to accept the recommendation of the Planning
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COADUSSION OF THE CITY OF SOUTH MUM, FLORIDA:
9
i
Pg. 2 of Res. No. 048-17-14849
Section 1: Special Use Application (PB-17-002) submitted by applicant Matthews -
Jacobs Investments; LLC to operate a general restaurant at 4000 SSW 570` Avenue, within the
General Retail "GR", 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. 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 pgr Section 20-3.3(E)(2)
Outdoor Seating 1 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 fhe 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. Sevexability. 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 7 th__ day of, March 3-2017
aEST:� APPROVED:
t
10
g, 3 of Res. No. 048-17--14849
CITY CLERK
MAYOR
READ PC PPROVED AS TO FORM) ,
COWISSIONT VOTE:
5-o
GE, LEGALA�'' '
N TEREO
'd •
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner. Edmond:
Yea
Yea
Yea
\ CITY O . •,
Commissioner Hams:
Commissioner Liebman:
Yea
Yea
RESOLUTION NO. 1 86-1 7-1 4987
A Resolution amending Resolution No. 048-17-14849 to extend the expiration
of the Special Use approval for a General Restaurant at 4000 SW
571h Avenue.
V*TMREAS, pursuant to Section 20-3.4 of the Land Development Code (LDC), the
Applicant, Mathews -Jacobs Investments, LLC, submitted Application PB-17-002 to the Planning
Board requesting a Special Use Approval to operate a general restaurant at 4000 SW 571,
Avenue; and
VVMREAS, the City Commission unanimously approved Resolution No. 048-17-14849
on March 7, 2017 granting the Special Use application subject to the requirements set forth in
LDC Section 20-3.4(B)(4)(b):
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.
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
and the following conditions:
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. 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 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; and
12
Pg. 2.of Res. No. 186-17-14987
WHEREAS, Section 20-5.8(C) of the I.DC provides that Special Use Approvals "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
WHEREAS, Section 20-5.8(C) of the LDC allows for a period greater than six (6)
months to obtain a master building permit for good cause; and
W11EREAS, the Applicant encountered unexpected delays while the permit was under
review by Miami -Dade County; and
WHEREAS, the City Commission desires to amend the Special Use Approval for the
general restaurant and to amend the expiration date.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The applicant has shown good cause for extending the time to obtain a master
building permit and therefore Section 1 of Resolution No. 048-17-14849 granting a Special Use
Approval for a general restaurant at 4000 SW 57t' Avenue is hereby amended to read as follows:
Section l : Special Use Application (1'13-17-002) submitted by applicant Mathews -
Jacobs investments, LLC for a general restaurant at 4000 SW 57 h Avenue, within the
General Retail "GR" zoning district is hereby approved 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
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 «' monih 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 1 Dining for all conunercial 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
13
.Res. No. 186-17--14987
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.
2017.
PASSED AND ADOPTED this 5 th
ATTEST:
CITY
day of September ,
APPROVED:
MAY R
COMMISSION VOTE: 5-0
Mayor Stoddard:
Yea
Vicc-Mayor Welsh-
Yea
Commissioner Edmond:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
14