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Res No 177-20-15617RESOLUTION NO. 177-20-15617 A Resolution relating to a Variance application to reduce the minimum front setback requirement, the minimum rear setback requirement, the minimum side street setback requirement and the minimum side (with driveway) setback requirement for a commercial building located at 4000 SW 57 Avenue. WHEREAS, Matthews -Jacobs Investments, LC submitted an application (number PB-20- 018) requesting variances from Section 20-3.5G of the Land Development Code (LDC) to bring an existing, non -conforming commercial structure at 4000 SW 57 Avenue into compliance with the LDC; and WHEREAS the variance requests include the following: a reduction in the front setback from twenty feet to zero feet; a reduction in the rear setback from fifteen feet to zero feet; a reduction in the side street setback from fifteen feet to one foot; and a reduction in the side setback (with driveway) from twenty feet to eighteen feet, seven inches; and WHEREAS, the property is nonconforming as the structure was built in the 1940s and additional right-of-way dedications were made for improvements to SW 42 Street and SW 57 Avenue; and WHEREAS, the damage from a fire in 2018 caused the property to lose its rights as a nonconforming structure and the allowable time for reestablishing the uses has lapsed; and WHEREAS, the applicant wishes to repair and renovate the building and lease it to a mix of tenants similar to those that occupied the building prior to the fire; and WHEREAS, the approval of a variance requires a review by the Planning Board and a recommendation to approve, deny or approve with conditions, as well as the approval of the City Commission after a public hearing; and WHEREAS, on November 10, 2020, the Planning Board held a public hearing on the application request, considered each of the criteria listed in Section 20-5.9 of the LDC and voted six ayes to one nay to recommend approval of the variance requests; and WHEREAS, the Mayor and City Commission of the City of South Miami, having considered each of the variance criterion listed in Section 20-5.9 of the LDC and having found that those conditions have been met, desire to approve the variance applications. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The recitals set forth in this resolution are true and they are supported by competent substantial evidence and they are incorporated into this resolution by reference as if set forth in full herein. Page 1 of 3 Res No. 177-20-15617 Section 2. The variance request listed in the application (number PB-20-018) submitted by Matthews -Jacobs Investments, LC to allow a front setback of zero feet, a rear setback of zero feet, a side street setback of one foot, and a side (with driveway) setback of eighteen feet seven inches within the General Retail (GR) zoning district to allow the continued use of an existing commercial structure 4000 SW 57 Avenue, South Miami, Florida is hereby approved, subject to the following conditions: L The Variances shall be limited to the current existing structure only. If the current existing structure is demolished or expanded beyond the proposed plans as to height or footprint, the variances cannot be applied to any new buildings on the site; 2. If required, all exterior renovations must be reviewed and approved by the Environmental Review and Preservation Board prior to issuance of a building permit; 3. Any construction in the public right-of-way will require the issuance of a Right -of -Way (ROW) Construction permit from the respective governmental agency that maintains the ROW adjacent to the proposed renovation prior to the commencement of construction; 4. An Outdoor Seating/Sidewalk Cafd permit must be obtained prior to the use of any outdoor seating areas; and 5. All approved Variances shall lapse after one (1) year if no building permit has been applied for in accordance with the request for such variance and if the City Commission has not specified a longer approval period for good cause shown. Section 3. The approval of the requested variance includes, as an Exhibit to the Application, the architectural plans and landscape plans signed and sealed by William F. Arthur, dated November 25, 2020 for the proposed repair and renovation of the building located at 4000 SW 57 Avenue which are incorporated herein by reference. Section 4. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 5. 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 will not affect the validity of the remaining portions of this resolution. Section 6. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 15'', day of December, 2020. Page 2 of 3 Res No. 177-20-®1 617 ATTEST: APPROVED: 4014 LERK YOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: 5- LANGUAGE, LEGALITY AND MayorPhilips: Yes EXECUTION THEREVice-Mayor Welsh:: Yea e' Commissioner Gil: Yea T Commissioner is: Yes CT Commissioner Liebman Yea Page 3 of 3 City Commission Agenda Item Report Meeting Date, December 15, 2020 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type- Resolution Agenda Section: Subject: A Resolution relating to a Variance application to reduce the minimum front setback requirement, the minimum rear setback requirement, the minimum side street setback requirement and the minimum side (with driveway) setback requirement for a commercial building located at 4000 SW 57 Avenue, 4/5 (City Manager -Planning Dept.) Suggested Action: Approval Attachments: 4000 SW 57 Avenue Variance staff report.docx Res ApprovingSetbackVariancesl2.09.2020CArev.docx Application, dated June 3, 2020.pdf Letter of Intent and Justification of Hardship, dated October 20, 2020.pdf Resolution #68-01-1121&pdf Resolution 4048-17-14849.pdf Resolution #147-17-14948.pdf Ordinance #13-20-2367-ptif RDR Miami - Public Hearing Notification Services - Mailing Label Affidavit, dated July 20, 2020.pdf RDR Miami - Public Hearing Notification Services - 50OFt. Radius Map,pdf Affidavit of Jerry Proctor, dated October22, 2020.pdf Neighborhood Awareness Letter, dated October 20, 2020.pdf Zoning Application Letter, dated October 1, 2020.pdf City of South Miami Public Hearing Notice.pdf Legal A,d.pdf 1 - -4000 Red Road - Final Public Heari lans - 1 25 0. df PR- - 18;- PR-2 -021- Draft PB Regular Meeting Minutes -'1-10-2020.pdf Letterdated December 2, 2020 from Jerry R. Proctor, P. ..pd Miami Herald Ad. df , MDBR Ad.' f 4 kSouth 'am' CITY OF SOUTH MIAMI ! AN7km INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission VIA: Shari K mali; City Manager F om: :lane K. Tompkins, Planning and Zoning Director DATE: December 15, 2020 SUBJECT: Resolution relating to a Variance application to reduce the minimum front setback requirement, the minimum rear .setback requirement, the minimum side street setback requirement and the minimum side (wraith driveway) setback requirement for a commercial building located at 4000 Ski' 57 Avenue. A Resolution relating to a Variance application to increase the maximum impervious coverage requirement for a commercial budding located at 4000 SW 57 Avenue. A Resolution relating to a Variance application to reduce the minimum amount of required off-street parking spaces for a commercial building located at 4000 SW 57 Avenue. A Resolution relating to a Variance application to reduce the minimum landscape requirements for a commercial building located at 4000 Sal` 57 Avenue.. Matthews -Jacobs Investment, LC, the applicant and owner of the property located at 4000 S S71" Avenue, is planning to renovate the existing one-story commercial building which was damaged by fire in October 2018. Originally developed in the 1940's, portions of the parcel were dedicated to Miami -Dade County in the 1970's for the widening of both Bird Road (SW 401" Street) and Red Road (SW 571h ,Avenue). These dedications and cede changes over the years, resulted in the property being considered nonconforming. After the fire displaced the tenants, the building has been vacant and thus Section 20-4.8(C) of the Land Development Code (LDC) was triggered; 1, if a nonconforming structure or use is damaged by more than fifty (50) percent of its replacement values all of its rights as a nonconforming structure or use shall be terminated. !f a nonconforming structure or use is damaged by less than fifty (50) percent of its replacement value, such structure or use may be repaired or 3 4000 SW 57 Avenue Variance Request December 15, 2020 Page 2 of 8 reconstructed and used as before the time of damage. Such repair or reconstruction shall be started within sixty (60) calendar days of such damage and shall be completed within twelve (12) months. Due to the loss of nonconforming status, the property must now be brought into compliance with the City's current zoning regulations for the General Retail (GR) zoning district. To accomplish this, the applicant either must demolish portions of the existing structure and build to the current standards or be granted a variance to maintain the current configuration. REQUEST: The applicant is requesting a total of four (4) variances for the property so that the renovated structure will comply the respective LDC regulations. The variances, as requested, are as follows: 1. A Variance to reduce the minimum front setback requirement, the minimum rear setback requirement, the minimum side street setback requirement and the minimum side (with driveway) setback requirement; 2. A Variance to increase the maximum impervious coverage requirement; 3. A Variance to reduce the minimum amount of required off-street parking spaces; and 4. A Variance to reduce the minimum landscape requirements. ANALYSIS' 1. Setback and Impervious Coverage Variance Requests The applicant has requested a variance to address the nonconforming setbacks. Specifically, the applicant is requesting a variance to reduce the following setback requirements: • Front Setback • Rear Setback • Side Street Setback • Side (w/Driveway) Setback The applicant is also requesting a variance to increase the maximum impervious coverage for the property. Table 1 below provides the required, existing and proposed setbacks. The only change between the existing setbacks and the proposed setbacks is to the side street, where a new canopy will be installed thus reducing the setback. XT C:\Users\EASYPD^1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E0053CE7\@BCL@ED053CE7.docx 4 4000 SW 57 Avenue Variance Request December 15, 2020 Page 3 of 8 Table 1: GR Minimum Setback Requirements Table Minimum Existing Proposed Requirement Front Setback 20'-0" 0'-0" 0'-0" Rear Setback 15'-0" 0'-0" 0'-0" Side Street Setback 15'-0" 11'-6" 1'-0" (To Canopy) Side (w/Driveway) „ 20 -0 18 -7 18 -7 Setback Table 2 below provides the required, existing and proposed maximum impervious coverage: Table 2: GR Maximum Impervious Coverage Requirements Table Maximum Existing Proposed Requirement Impervious Coverage 19,168 (85°Jo) 22,550 (100%) 22,046 (98%) (Square Feet) The property is covered by 22,550 SF (100%) of impervious surfaces, which exceeds the maximum allowed for the GR zoning district by 15%. Currently, the applicant is proposing to reduce the impervious coverage to 22,046 SF (98%) by adding tree planting locations along Red Road. Even with the inclusion of landscaping, the site will still exceed the maximum impervious coverage allowed by 2,878 SF or 13%. In order to be brought into compliance with the City's current LDC regulations, the applicant would need to either further reduce the impervious surfaces or be granted a variance. 2. Parking Space Variance Request Resolution #68-01-11216, approved in 2001, granted approval of a special use for a restaurant in one of the tenant spaces. As part of that approval, the tenant was required to make payments into the City's Parking Fund in lieu of providing the minimum required off-street parking spaces. These monies were used in the creation of forty-one (41) on -street parking spaces along SW 415L Street. Coupled with a restaurant expansion in 2017, the City Commission later adopted Resolution #147-17-14948 which approved a Variance request to reduce the number of off-street parking spaces required by the expansion. Unfortunately, because the applicant did not apply for a building permit within one (1) year of the approval of the variance, the variance approval lapsed and can no longer be applied. As part of the renovation of the site, the applicant is proposing a mixture of tenant uses similar to what was in the building prior to the fire. This includes a restaurant with gourmet store, several retail spaces, and a dentist office. It is important to note that the dentist office use is currently not a permitted use in the GR zoning district and will require a change to the City's XT C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E0053CE7\@BCL@E0053CE7.docx 5 4000 SW 57 Avenue Variance Request December 15, 2020 Page 4 of 8 Permitted Use Schedule prior to the issuance of a Business Tax Receipt. Based on the proposed mixture of tenant uses, 104 off-street parking spaces are required to satisfy the required off- street parking. Please refer to Table 3 below for additional information regarding the breakdown of off-street parking spaces. Table 3: Minimum Off -Street Parking Space Requirements Table Tenant Space Proposed Use Tenant Area (Square Feet) Parking Ratio Required Parking Spaces 4000 Restaurant 6449 1:100 65 4000 Gourmet Store 700 1:300 3 4000 Office/Break Room 895 1:250 4 4020 Retail 1,312 1:300 5 4024 Retail 1,201 1:300 4 4028 Retail 1,237 1:300 5 4032 Retail 1,241 1:300 5 4038 Retail 1,550 1:300 6 4040 Dentist 1,379 1:200 7 Minimum Amount of Off -Street Parking Spaces Required: 104 As part of the approval of Resolution #68-01-11216, the site received credit for the creation of the forty-one on -street parking spaces that were located along SW 41st Street. Additionally, the site also received credit for a total of ten (10) on -street parking spaces that abut the property. Previously, on -street parking spaces that were adjacent to a commercial property could be credited to that property. However, on May 19, 2020, the City Commission adopted Ordinance #13-20-2367 which removed the credit for on -street parking spaces to adjacent commercial buildings. Consequently, the applicant will need at least 104 off-street parking spaces to satisfy the parking required by the proposed mixture of tenant uses. Given the configuration of the site, it would be impossible to install the number of parking spaces needed without demolishing the building and constructing a new structure. 3. Landscape Variance Request Properties with GR zoning must provide a minimum of twenty-two (22) site trees per acre, fifty percent of which are native. Ten shrubs/hedges per tree are also required, each with a minimum height of 18 inches. Of the required shrubs/hedges, thirty percent must be a native species. In addition, street trees must be planted for every thirty to fifty feet of street frontage. Street trees are normally planted on the right-of-way, but the LDC gives consideration for trees planted on private property under certain conditions. Palms may be planted as street trees, but no more than thirty percent of the total required, and they must be spaced at no more than twenty-five feet on center. XT C.\Users\EASYPD-1\AppData\local\Temp\BCL Technologies\easyPDF 8\@BCL@E0053CE7\@BCL@E0053CE7.docx 9 4000 SW 57 Avenue Variance Request December 15, 2020 Page 5 of 8 Based on the size of this lot, a total of twelve site trees, 120 shrubs, and between eight and thirteen street trees are required. The applicant is proposing to develop four new planters adjacent to the Red Road property line. Originally, the plans called for nine non-native Veitchia Palms and Dwarf Fakahatchee grass. In response to comments from the Planning Board, the plans have been revised and now show nine Sabal Palms, which is native to Florida, and 360 12-inch Green Island Ficus plants. Without specifying how the nine palms should be classified (site trees or street trees), the applicant requests a variance to reduce the number of site trees, the number of shrubs, and the size and spacing of street trees. The palms are close enough to the property line to be considered street trees; however, under the code, only three palms can count as such. Enough ficus are provided, but they do not meet the minimum size nor the requirement for a native shrub species. Review Criteria: Section 20-5.9 of the (LDC), Variance approvals, provides the standards against which applications must be reviewed. More specifically, Section 20-5.9(H) provides that variance approvals shall be based on an affirmative finding as to each of five criteria. The applicant has provided his opinion of how the criteria are satisfied in the Letter of Intent included in the Application Package. Following is staffs analysis: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; Built in the 1940's, the structure was built in accordance with the City's zoning regulations in effect at that time. In the 1970's the size of the property was reduced by Miami -Dade County so that both Bird Road (SW 40th Street) and Red Road (SW 571h Avenue) could be widened. This loss of property, in conjunction with changes to the City's zoning regulations, created extraordinary conditions for this specific property. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; The denial of any of the requested variances would result in hardship to the owner. As the property was developed under different zoning regulations, it does not comply with the City's current zoning regulations. That said, if any of requested the variances were denied, the applicant would be required to bring the building into compliance which would ultimately result in portions of the building, if not all of it, being demolished. If the fire had not occurred, the building would still be occupied and would have maintained its legal - nonconforming status. JKT C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E0053CE7\@BCL@E0053CE7.docx a 4000 SW 57 Avenue Variance Request December 15, 2020 Page 6 of 8 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The structure was built in accordance with the City's zoning regulations in effect in the 1940's. Over time, the property size was reduced due to various public infrastructure improvements such as the County's widening of Bird Road (SW 40th Street) and Red Road (SW 57th Avenue). Because of that, the current conditions and circumstances do not result from the actions of the applicant. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; When reviewing the Setback, Impervious Coverage, and Landscape Variance requests, it was determined that, with the exception of the side street setback, they were the absolute minimum necessary to make possible the reasonable use of the land and building. The requests are needed to maintain the current building setbacks. The side street setback will be reduced to accommodate a new canopy that will add shade and improve the pedestrian experience. Also, the applicant is proposing to reduce the impervious area to add new landscaping. If these requests aren't approved, the site will need to be brought into compliance by demolishing portions of the building. When reviewing the parking variance, the applicant is requesting that all of the parking be waived which is not the minimum necessary to make possible the reasonable use of the land, building, or structure. The City does have another avenue available for accommodating sites that cannot provide the minimum amount of required off-street parking spaces. Pursuant to Ordinance #13-20-2367, Properties that cannot provide the required number of spaces on -site or through the provision of off -site spaces pursuant to Sec. 20-4.4(F), for a change to a use other than one that is medical in nature, shall purchase from the City monthly parking permits for the number of spaces that aren't provided on -site or through the provision of off -site spaces pursuant to Sec. 20-4.4(F). Proof of purchase of the permits shall be submitted at the time of application for and renewal of the Business Tax Receipt for the use(s) occupying the property. Failure to obtain the required permit(s) in any given month shall be treated as a violation of this Code pursuant to Sec. 20-6.3. While the aforementioned regulation could be applied to the retail tenant spaces in the building, it cannot be used to accommodate the parking for uses that are medical in nature. If the Permitted Use Schedule is amended to permit dental offices in the GR zoning district, the above listed regulations could not be applied and the dental office would be required to go through the variance process to waive the off-street parking spaces that could not be provided. While a portion of the parking could be accommodated via this alternate process, XT C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\ a@BCL@a Eo053CE7\@BCL@E0o53CE7.docx E 4000 SW 57 Avenue Variance Request December 15, 2020 Page 7 of 8 the seven off-street parking spaces needed for the dentist office could not and a variance will be needed. S. That the approval of the variance will be in consistent with the general intent and purpose of the Land Development Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The building was built in the 1940's and has been maintained on the site for over seventy years and was a legal nonconforming structure. After the fire, the property lost its nonconforming status. The applicant is not requesting the variances so that a new building could be built on the site. Instead, the variances will allow the renovations of the existing building to proceed so that it could be restored to its former condition. Because of that, the requested variances are consistent with the general and purpose of the LDC and will not be injurious to the neighborhood or detrimental to the public welfare. PLANNING BOARD RECOMMENDATION: After a public hearing on November 10, 2020, the Planning Board voted six to one to recommend approval of all four variance applications. STAFF RECOMMENDATION: As each of the variance requests are tied to changes outside of the control of the applicant, a hardship can be identified. While the variance for the parking spaces could be reduced, a variance would ultimately be needed if the Dentist Office is use is added to the list of uses permitted in the GR zoning district. Consequently, staff recommends that applications PB-20-018 — PB-20-021 be approved with the following conditions: 1. The approval of the Variances shall be limited to the current existing structure only. If the current existing structure is demolished, the variances, if approved, cannot be applied to any new buildings on the site; 2. All exterior renovations and site improvements, including the landscape plan, must be reviewed and approved by the Environmental Review & Preservation Board prior to issuance of a building permit; 3. Any construction in the public right-of-way will require the issuance of a Right -of -Way (ROW) Construction permit from the respective governmental agency that maintains the ROW adjacent to the proposed renovation prior to the commencement of construction; 4. An Outdoor Seating/Sidewalk Cafe permit must be obtained prior to the use of any outdoor seating areas; and XT C:\Users\EASYPD—I\AppData\Local\Temp\BCL Tech nologies\easyPD F 8\@BCL@E0053CE7\@BCL@E0053CE7.docx E 4000 SW 57 Avenue Variance Request December 15, 2020 Page 8 of 8 5. All approved Variances shall lapse after one (1) year if no building permit has been applied for in accordance with the request for such variance and if the City Commission has not specified a longer approval period for good cause shown. ATTACHMENTS: • Application, dated June 3, 2020 • Letter of Intent and Justification of Hardship, dated October 20, 2020 • Resolution #68-01-11216 • Resolution #048-17-14849 • Resolution #147-17-14948 • Ordinance #13-20-2367 • RDR Miami — Public Hearing Notification Services — Mailing Label Affidavit, dated July 20, 2020 • RDR Miami— Public Hearing Notification Services —500 Ft. Radius Map • Affidavit of Jerry Proctor, dated October 22, 2020 • Neighborhood Awareness Letter, dated October 20, 2020 • Zoning Application Letter, dated October 1, 2020 • City of South Miami Public Hearing Notice • Legal Ad • Final Public Hearing Architectural Plans • Cover Page, sheet CS-1 • Map of Boundary Survey • Aerial Location Map, sheet SP-1 • Site Plan, Overall — sheet SP-2 • Landscape Plan, sheet 1-1 • Floor Plan, sheet A-1 • Building Elevations, sheet A-2 • Typical Enlarged Elevation Detail, sheet A-3 • Excerpt of Planning Board meeting minutes November 10, 2020 • Letter dated December 2, 2020 from Jerry B. Proctor, P.A. • DRAFT Resolution XT C:\Users\EASYPD-1\AppData\Local\Temp\BCL Tech nologies\ea syPDF 8\@BCL@EO153CE7\@BCL@ED053CE7.docx 10 f City of South Miami j(� PIGl1TtIing C�''. Zoning Depat-Ime,11 S�t }ht� Mani' � City Hall, 6130 Sunset i3rive. South Miami, Florida 33143 1. (I 1 Telephone: (305) 663-6326 rI _ L_d:_.-., n1.......,:., ia.,, 4,P. ("ill- (nM"?iQ.Cinn I Nicacivn tur- r uuuu llcw 1» s Block Subdivision Lot() Address of Subject Property: 4000 SW 57 Avenue PB Meets & Bounds: Applicant: Phone: Matthews Jacobs Investments, L. C. 520-884-5000 Representative: Jerry B. Proctor, Esq. Organization: Jerry B. Proctor, PA Address: 9130 S. Dadeland Blvd., Suite 1700, Phone: 305-779-2924 Mlami, FL 33156 Property Owner. Matthews Jacobs Investments, L. C. Signature: MailingP.O. Box 27878 Phone: Address: 520-884-5000 Tucson, AZ 85726 Architect/Engineer: Phone Bruce Arthur 305-443-3100 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Representative Contract to purchase _Option to purchase TenanULessee _Owner's APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC Variance /Letter of intent _ Zoning Map Amendment _Special Use _Z Justifications for change _ PUD Approval _Special Exception ^ Statement of hardship ^_ PUD Major Change _Abandonment of ROW Proof of ownership or letter from owner _Other (Waiver of Plat) _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase 1 Current survey (1 original sealed and See Letter of Intent 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: _ Petition G Mailing labels (3 sets) anc map _ Required Fee(s) The undersiencd has ruail this -win >leted application and represents that the information and all submitted materials are true and cture4t {o the best of the I�plic. n�`s Mi ledge and belief. I 1 �` � J. JEFREY MATTHEWS 0 610 3 j 2 Q 2 0 A n wt:hnr SS beat real titte Print Name � Date l - t 1pon receipt, applications and all subneitted materials will be reviewed for comp iamce with the Land Development Code and other alsplicable rceulations. Applications found tot in compliance will he 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 ZAForms\Current Planning Department Forms\Planning Department Forms\Planning BoardA 13 - Public Hearing Application - Revised 3-10-2020.doc 14 Jerry B. Proctor, P.A. October 20, 2020 Ms. Jane Tompkins Planning and Zoning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Zoning Application — Matthews -Jacobs Investments, LC Property: 4000-4040 SW 57 Avenue Folio No: 09-4024-006-0050 Dear Ms. Tompkins: Please accept this application for public hearing on behalf of Matthews -Jacobs Investments, LC (the "Applicant"). The Property The Applicant owns a parcel of approximately 22,550 square feet in size (.52 Acres) at the southwest corner of Bird Road (SW 40th Street) and Red Road (SW 571h Avenue) (the "Property"). The Applicant has owned the Property since 1948. The Property is located at the northern edge of the City limits. The Property is zoned GR (General Retail) and is developed with a one-story retail building. The Property is designated for Commercial Retail and Office development on the City's Land Use Map. In October, 2018, the building was damaged by fire and all tenants, including a restaurant, dental office, and consignment shop were displaced. Zonina History The zoning history of the Property includes the following hearings: a. In 2001, the City Commission approved expansion of the existing "Delicias de Espana" Restaurant on the Property, subject to additional payments into the City's Parking Fund. A copy of approved Resolution #68-01-11216 is attached. b. In 2017, the City Commission approved additional expansion of "Delicias de Espana" into the corner space near the intersection of Red Road and Bird Road previously occupied by a diner, Allen's Drug Store, a Post Office substation and a watch repair facility. Approvals included 9130S 33156 79.292 Mi d - I -, 15 4�1 ng Special Use approval of the expanded restaurant and a variance of parking requirements to address the 16 additional parking spaces required by the revised floor plan. Copies of the Development Orders approved in 2017 arc attached. gg±e aataaenLP —Ia!,—s The Development Tearn is pfera sed to present the redevelopment plans for the Property for the City's considerntion, The Plans, prepared by WHA Design, 'feature a contemporary design that fits roto the floor plate of the existing building which will be renovated. The new buil6ng will include approximately 15,964 Square feet of floor area and will incorporate, 1) A new bakery/restaurant (Gala-Millor Pasteleria of Madrid, Spain)in the corner space near the intersection of Red Road and Bird Road with approximately 7,149 square feet of floor area on the ground floor and 895 square feet of mezzanine space in the northwest corner of the building. 2) Retail space in the center of the building, 3) A dental office (which operated on -site prior to the fire) of 1, 379 square feet in size in the southern portion of the building, 4) Additional planters and landscaping, subject to governmental approval, adjacent to the right-of-way of Red Road. 5) Design featUres that will allow a greater amount of light into the building and will soften the appearance of the building. 6) An improved, consistent signage program. 7) Connection to public water and sanitary sewer service. Variances Because the Property is considered "nonconfotrning" by virtue of the lean s of Section 20-4.8 of the Land Developnient Code, several variances are required for redevelopment, They include: 1) Variance of front (0', 20' required), rear (0', 15' required), side street (1', 15' required), and side (187", 20' required) building setback requirements. 2) Variance of permitted impervious area to permit 98% (85% permitted), 3) Variance of paiking requ'Weriients to permit redevelopment of flhe exsfing building wqlj a pt_,u,king -mand of 84 requirement of 104 spaces, where a dc spaces was al pmved in 2001 and a demand of 100 spaces was approved in 2017. 4) Variance of regulations as to the number of trees, number of shrubs and hedges, and the size and spacing of street trees (Section 20-4.5). in §ietrza K, Lands ip rtra ono Ianpervio Area Variances With respect to the setback and impervious area variances, please consider the following facts, . The variances are necessary to relieve particular extraordinary conditions relating to this specific Property. The Property was developed in its current configuration of structures and layout in 1946. Section 20_1.11 of the Land Development Code provides that "this code shall be in full force and effect from and after its passage, effective date being October 26, 19 9." In addition, use of the Property predates the ity's initial Comprehensive Zoning'ode adopted by Ordinance 276 in June, 1954. b. Denial of the variances would result in hardship to the Applicant. The Property abuts public streets on three sides; in the past 74 years since original construction, Red load and Bird 'road have been widened by actions of government agencies, not the Applicant. These actions have reduced the building setbacks and constrained the ability to use the Property. Redevelopment of the Property on a smaller footprint would result in significant financial hardship to the Applicant. c. The extraordinary conditions and circumstances do not result from the actions of the Applicant. The closure of the business resulted from a fire, not by any voluntary act of the applicant, The casualty event made it impossible to reopen the building in the time prescribed in the Land Development Code. The case law regarding nonconforming uses considers the "intent" of the Property owner when weighing the equities of forcing the Property owner to comply with current regulations. When the casualty results from an unforeseen event such as fire, food, explosion, wind, or vicar, property or business owners are usually allowed to resume the scope and nature of the prior operation on the Property. Lewis v. City of Atlantic Beach, 467 So. 2d 751 (Fl 1sa IA A . 19. dw The requested variances are the minimum variances necessary to make possible the reasonable use of the land, building and structure The nonconforming Structure on the Property has not increased in size .since it was constructed in 1946. Genial of these variances would effectively require demolition of the building without any corresponding public benefit. o. That the approval of the variances will be consistent with the general intent and purpose of the Land Development Code` and will not be injurious to the ` neighborhood or otherwise detrimental to ;the public welfare. The building and other features on the Property are surrounded by public streets on three sides and by commercial use to 17 the west, the continuation of the existing building and impervious area footprints, with the proposed addition of planters and landscaping adjacent to Red Road, will continue to be compatible with the surrounding area. Park j!lg ConsideratiQn!q 'I. There are six (6) parking spaces adjacent to the Property on SW 57 Avenue (Red Road) and three (3) spaces adjacent to the Property on SW 41,51 Street that comply with Section 20.4.4 (A); these spaces are not assigned or credited to other properties, and will be used by patrons of the business on the Property. 2, There are approximately 42 parking spaces west of the Property on the north side of SW 41 Street that are also not assigned or credited to other properties and will be also used by patrons of the businesses on the Property. The Property Owner paid $25,575 toward the improvement of this parking area in 2001. Variance�fPark�in The Applicant received variances in 2001 and 2017 for continued use of the retail building on the Property, with 84 spaces requested by mixture of uses approved in 2001, and 100 spaces required by the mixture of uses approved in 2017, The Applicant now requests approval of Development Plans described above which will require 104 parking spaces in today's Land Development Code, In your consideration of this request, please note the following facts - a. The variance is necessary to relieve particular extraordinary conditions relating to the specific property, Section 20-1.11 of the Land Development Code provides that "this Code shall be in full force and effect from and after its passage, effective date being October 26, 1989." In addition, use of the Property predates the City's initial Comprehensive Zoning Code adopted by Ordinance 276 in June, 1954, The Property, along with its iconic building, have been used for commercial purposes for over 70 years. b: Denial of the variance would result in hardship to the Property Owner and Applicant, The Land Development Code in the GR (General Retail) does not offer the same treatment of parking regulations for restaurants as the Hometown District. The Hometown District recognizes the design benefits of on -street, shared parking and does not require parking allocation for kitchen and other restaurant spaces not accessible to the public- The development of E : ,rc, \tint �5't'• � •�'ay3"2�"'c � : > �r4„ y" °,-', fi t y2 ,:rr y >4'1 ..Sn y m '; mrtm. rat : y •mr..' r � ran... the Property and the surrounding ;area follows the same principles as the "Hometown" area; no parking on site, verity shared on -street and/or municipal parking facilities in the vicinity to serve commercial patrons. c. The extraordinary conditions and circumstances do not result from the actions of the,�pplicant. The application of" suburban" parking regulations on an urban commercial design and operation do not result from actions of the Applicant, Since the original development of the Property, the adjacent roadways (Red Road and Bird Road) have been widened through actions by government agencies, not the Property Owner, further limiting the parking options for the Property. d The requested variance is the minimum variance necessary to make possible the reasonable use of the land„ building and structure. The nonconforming structure on the ,property has not been increased in size since it was constructed in 1946. Development of a range of uses on the Property is a tenet encouraged by the purpose of the underlying "° IR" district_ Mixing a restaurant with other retail and service uses results in different uses with different peak hour demands and a sharing of infrastructure in the area (including parking) that will not overburden the surrounding area. e That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, The City (through two approvals by the City Commission) has opined that restaurant use is compatible with the area and that the general level of parking required by the proposed mixture of land uses is acceptable. Additional Considerations Approval of this application and re -development of the Property will provide renewed services to the community in a precarious economic period. These services will fit into the pre-existing building footprint and the impacts on the surrounding area will not increase' from those in place priori• to the fire, The design will maintain the scope and shape of the original structure, and the plentiful on -street parking in the area (particularly along SW 41st Street which the applicant co -developed with the City) will insure that patrons and employees do not spill into other residential areas. In addition, ;the development will satisfy the following provisions in the Land Use Element of the City' Comprehensive Plan: FIND OBJECTIVE 5.3 Support Bird Road Commercial Area To preserve and enhance the Bird road cornmercial area while ensuring the compatibility of commercial uses with the adjacent residential properties. o FLU Policy 5,31 19 20 ..a RESOLUTION NO. ^ 68-01-11216 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE. CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENL!'Ri't<L RESTAURANT "DELICIAS de ESPARA'r IN TILE"GR"; GENERAL RETAIL ZONING DISTRICT SPECIFICALLY LOCATED AT 4016 AND 4020 SW 57`t' AVENUE. WHEREAS, Ernesto Lteraudi on behalf of"Delieias de Espafta has submitted an application for a special use to allow a general restaurant to be located in the "OR" General Retail District Zoning District specifically at 4016 and 4020 SW 570i Avenue; and WHEREAS, a general restaurant is allowed as a special use in the "OW'General Retail District Zoning District subject to meeting certain conditions specified in Land Development Code Section 20- 3.4(B)(4)(b);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, the Planning Department staff has recommended approval of the special use request subject to attain conditions, and WHEREAS, on April 24, 2001 "the Planning Board, after public hearing, voted (4-3) to recommend denial of the special use request; and WHEREAS, the Mavor and City Commission of the City df South Miami desire to accept the recommendation of the Planning Department staff, as specified below. . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1; That an application for special use to. allow a general restaurant to be located in the "GR" Gmeral Retail District Zoning District speeiScally at 4016 and 4020 SW 57'° Avenue; is hereby. approved subject to the following conditions: 1) That the establishment be given a conditional Occupancy License, until the parking agreement is paid off in full. The Occupational License shall be revocable in the event that the -parking agreerndni is not paid in full. 4 Page 2 of Res. No. 68-D3-11216 Sectia : 7bs resoiution shall ba e$'ective immediately after the adoption hereof. PASSED AXD ADOPTED this IS, day of May, 2001. ATTEST: APPKOVBD: -Commission Vote: 4-0 READ AND APPROVED AS TO FOMA: MayorlAaina: Yea VioeMayor.VaHu Yea Commissioner Be(bair Yea CommissiongRusseii Yea Ir.J� Commissioner Wiscornbe: Nat ATTCtIt �+0 preserrt Q dl4v , 22 RESOLUTION NO. D48-17-14849 A Resolution relating to a Special Use application to permit a General Restaurant use at 4000 SW 57t" Avenue. WHEREAS, 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 570' Avenue, within the General Retail "GR" zoning district; and WHEREAS, the applicant operates an existing restaurant in the building and proposes to expand the operations into the tenant space formerly occupied by Alldn 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 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. n. No services of a drive-in or of a fast food nature shall be permitted. iii. The City Commission shall review and reconunend approval, disapproval or modification of -all site Plans and project specifications for this special use permit; and WHEREAS, the Planning anal 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 hearing; 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 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: W Pg. 2 of Res. No. 048--17-14849 Section 1: Special Use Application (PB-17-002) submitted by applicant Matthews - Jacobs Investmuents LLC to operate a general restaurant at 4000 SW 57's 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 per Section 20-33(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. S-everability. 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. i PASSED AND ADOPTED this 7th day of, March , 2417. j�}LST APPROVED- L� 0 3 of Res. No. 048-17-14849 CM CURK MAYOR I FORK COMMISSION VOTE: 5-0 Mayor Stoddard- Yea Vice Mayon Welsh: Yea Commissioner B(Imoud: Yea Commissioner Haxiis: Yea Commissioner Liebman: Yea PR RESOLUTION NO. 147-17-14948 A Resolution relating to a Variance application to reduce the amount of required ,parldng spaces for a general restaurant located at 4000 SW 57 Avenue. WHEREAS, on March 7, 2017, the City Commission adopted Resolution #048-17- 14849 which granted Special Use approval for the expansion of the existing general restaurant, Delicias de Espana, into adjacent tenant spaces located at 4000 SW 57 Avenue with the condition that there be resolution of the shortage of fourteen (14) parking spaces prior to the issuance of the Business Tax Receipt; and WHEREAS, the applicant, Delicias de Espana, submitted an application (number PB-17- 014) requesting a variance of Section 20-4.4(B)(7) of the Land Development Code (LDC) for a reduction of fourteen (14) required off-street parking spaces for a general restaurant located at 4000 SW 57 Avenue which is in the General Retail "GR" zoning district; and WHEREAS, pursuant to Section 20-5.9 of the LDC, the approval of a variance requires a review by the Planning Board and a recommendation to approve, deny, or approve with conditions, as well as the approval of the City Commission after a public hearing; and WHEREAS, at its June 13, 2017 meeting, the Planning Board held a public hearing on the application, considered each of the variance criterion listed in Section 20-5.9 of the LDC, and voted three (3) to two (2) to recommend denial of the variance requested; and WHEREAS, the Mayor and City Commission of the City of South Miami, having considered each of the variance criterion listed in Section 20-5.9 of the LDC and having found that those conditions have been met, desire to approve the application for the variance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The recitals set forth in this resolution are true and they are supported by competent substantial evidence and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The application (number PB-17-014) submitted by Delicias de Espana requesting to reduce the required off-street parking requirement from sixty-seven (67) spaces to fifty-three (53) spaces, which is a reduction of fourteen (14) off-street parking spaces, for the operation of a general restaurant within the GR zoning district located at 4000 SW 57 Avenue, South Miami, Florida, is hereby approved subject to the following conditions: 1. if the subject gerieral restaurant is, in the future, determined by the Director of Planning or by the City Commission. to be adversely affecting the health or safety of persons residiny or workine in the vicinity of the pmuused use, to be detrimental to Pace 1 of 2 M Res. No. 147-17A 4948 the Dublic welfare. Droverty or improvements in. the neighborhood, or to be not in compliance vvit}a other applicable Cade provisions the special use appmval for restaurant use and this variance approval may be modified or revoked by the City Commission upon notification and public hearing. 2. The apRh _ acknowled es that parking by their patrons on the south side of SW 41" Street shall be deemed to be detrimental to the public welfare of the residents of SW 41s` Street Section 3. The approval of the requested variance includes, as an Exhibit to the Application, the architectural plans signed and sealed by Angel C. Saqui II, ALA„ dated April 25, 2017 for the proposed expansion of the existing general restaurant located at 4000 SW 57 Avenue which is incorporated herein by reference. 'Section 4. 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 5. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this ].P day of, July, 2017. ir _�- �/' FORM, COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Edmond: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Pace 2 o= 2 27 ORDINANCE NO. 13-20-2367 An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.4 Off-street parking requirements and Article Vlll, Section 20- 8.8 Parking WHEREAS, pursuant to Section 20-4.4(A) of the Land Development Code, with the exception of properties within the Hometown District Overlay, all structures and uses which are erected, established or enlarged within the City shall provide adequate off-street parking spaces; and WHEREAS, when sufficlent off-street parking spaces cannot be provided to meet the minimum requirements of the Land Development Code, the applicant may either request a Variance or Special Exception from the City Commission, or enter into a parking space fee agreement with the City; and WHEREAS, many of these fee agreements led to businesses paying annual fees in the thousands of dollars, and WHEREAS, the City Commission wished to find another approach for regulating off-street parking; and WHEREAS, the Planning Board held a public hearing on March 10, 2020 and voted unanimously to recommend approval of the proposed text changes; and WHEREAS, the City Commission wishes to adopt the proposed amendments to the Land Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. The City's Land Development Code Sections 20-4.4 and 20-8.8 are hereby amended to read as follows: 20-4.4 - Off-street parking requirements. (A) Applicability. All structures and uses which are erected, established or enlarged within the City shall provide adequate off-street parking spaces and control mechanisms for on -site vehicular and pedestrian traffic in order to censure the safety and convenience of the public pursuant to the requirements of this section. Properties that cannot provide the required number of spaces on -site or through the provision of off -site spaces pursuant to Sec. 20-4.4tF1, for a change to a use other than one that is medical in nature, shall purchase from the City monthly parking permits for the number of spaces that aren't provided on -site or through the provision of off -site spaces pursuant to Sec. 20-4A(F). Proof of purchase of thevermits shall be submitted at the time of application for and renewal of the Business Tax Receipt for the use(s) occupying the property. Failure to obtain the required Permitts) in any given month shall be treated as a violation of this Code pursuant to Sec. 20-6.3. Page 1 of 3 28 Ordinance No. 13-20-2367 04 s-adjaeeAbta a-Iat May GGUAt toward the pa" idiAg set-fQ#h-l3eIGW IA slasectiQA {B}-feFtfaaaE s++Ah GubsWis ; thaR eleven (4 4) feet shall Geual ar, a NO space, Pease Ave (5), id-inte he-Parking-Fund-fdr ati-sR-street-parkkKi-spases-Whish-are increases 20-8.8 — Parking. (A) TODD Parking Regulations. Parking in the TODD must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. All required parking is subject to the standards provided in Sections 20-3.3 and 20-4.4 of the LDC, except as otherwise provided for in this Section. (H) Requimd Pedeing. General Regulations. WUhiia the WDD, the felleyAng 1. All outside parking to be located at the rear of building if feasible, otherwise it must be located at the side of the building, in accordance with this Section. 2. Where appropriate unimproved rights -of -way adiacent to business Property may be improved by the abutting property owner for credit towards the required minimum spaces by written agreement approved by the City Manager. The City Manager will determine if the installation of parking meters is warranted and appropriate for the area. 3. Properties that cannot provide the required number of spaces on -site or through the provision of off -site spaces pursuant to Sec 20-8.8(8)(3) for a change to a use other than one that is medical in nature shall purchase from the City monthly parking permits for the number of spaces that aren't provided on -site or through the provision of off -site spaces pursuant to Sec. 20-4 4(F)Proof of purchase of the permits shall be submitted at the time of application for and renewal of the Business Tax Receipt for the Use(s) occupyina the property. Failure to obtain the required permit(s) in any given month shall be treated as a violation of this Code pursuant to Sec. 20-63. New construction or expansions of the gross floor area of an existing building shall provide the required number of spaces pursuant to Sec. 20-3.3 and Sec. 20.4.4. The required number of off - Page 2 of 3 Crdina,ice No. ' 3- 20-2367 street spaces maybe reduced using either the Transit Oriented Develooment Reduction or the Shared Parkine Study aonroach id ratified in Sec. 20-12.12 D and u Section 3. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final product for signature. Section 4. Codification. The provisions of this ordinance shall become and be made part of the Land Development Code of the City of South Miami as amended. Section S. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 7. Effective Date. This Ordinance shall become effective immediately upon enactment. PASSED AND ENACTED this 19t6 day of May, 2020. ATTEST: APPROVED: CITY CLERK a MAYOR ' 1" Reading — 05/05/2020 21 Reading — 05/19/2020 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4-0 LANGUAGE _EGALITY .AND Mayor Philips: Yea EXECUTION �FiEPCOr Vice Mayor Welsh: Yea Commissioner Gil: Absent Commissioner Harris: Yea _ Commissioner Liebman:Yea CITY ATTO R N E Y Page 3 of 3 all rdr mici 1"Rl I public: hearing notification services ttd (ic?< 'rr crap rtyr own rs tir Eh,in cx specific rs: a ur r rtd wrr ma:us - rnQ'0 sc) kobe,Es i mai outs _. rra€',ce of 3a=., c. r ec r .g rHe pos irrga r raii mi.r.�.° a g ` na r rk lami,c err, # 305,496J u1 July 20, 2020 City of South Miami Planning & Zoning 6130 Sunset Drive South Miami, FL 33143 e: Property owners within 500 feet of SUBJECT: 4000 SW 57 Avenue, ;South Miami, FL, 33155 FOLIO NUMBER- 09-4024-006-0050 AIDS EV. LEGAL DESCRIPTION: W ST RFI LD MANOR SEC 1 & 2 P13 1-47 LOTS 11 THRU 14 INC LESS F10FT & N2 FT FOR R/W BLK 2 & 15FT ALLEY LYG W & AC J CLOSED PER RD- 92- 1527 & ORD 31-13-2178 OR18675-1827U81190765-3380 0300 This is to certify that the attached ownership list„ reap 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 file in the Miami -Dade County Property Appraisers' Office Sincerely, k riarra d. Frio Total number of property owners without repetition: 91 Al uttin , or continuous, 'orooeqrty t��rrr�i r°s ini 6rrclirr those across the street are listed in BLUE Rio Develop aenf esatarcee; dt C ('RDR") has used its beer efforts m colleets'r g the infrotrarat cnn padlrshed in t,"o; repoe and the findings contained in the report are :rased sole,l and ears,14siv a4or, lr,f rr aticn provided by you arrd information stlsered from r; trta"rac records and that fucaf e vt vrrrnerat. By rar ceptaxnce of this repot, you agree to old tr EIR hanniess and Odernni4e RDF frarn any and all losses, drarxna es„ llatailitfes and cxpenma : which cat) he Claimed against RLA caused by or related fa this reepwr. H rd C'I`1iami I public Hein nofffi tic.'�a s f ices �5i5 of F)^Qper?y 01A erg. c raid u: nnp, , vnclilht 500' RADIUS MAP N � z r SUBJECT: 4000 SW 57 Avenue, , South uNlia 1i, FL 33155 ,A B EV. LEGAL DE RIPT1 N: WE TERFF ELD MANOR SEC 1 & 2 PP, 18- 7 LOTS 11 THRU 14 INCLESS E10FT & N20F T FOR RAN ELK 2 & 15FT ALLEY LYG W & ADJ CLOSED PER CARD-33 - 1527 & ORD 31-13-217 1875-1 27 48/19076-3380 0300 Abutting or contigLIGUS property owners, indUding those across the street 2 ATFIDAVIT OF JFRRY PROCTOR STATE OF FLORIDA COUNTY OF MIAMI-DADE Personally, appeared before me, the undersigned authority, duly authorized to take acknowledgments and administer oaths, Jerry Proctor, who upon first being duly sworn and cautioned, deposes and states: i. My name is Jerry Proctor. I am a resident of Miami -Dade County, Florida. I am over the age of 18. I am free from disabilities and impairments, both legal and physical, which would prevent me from being able to testify truthfully. The matters set forth in this affidavit are based upon my own personal knowledge and pledges. 2. I am the attorney representing Matthews -Jacobs Investments, LC, owner of property located at 4000 — 4040 SW 57 Avenue in the City of South Miami, Florida (hereinafter the "Property"). 3. On October 22, 2020 in accordance with City of South Miami requirements, I mailed or. caused to have mailed notices advising property owners within 500 feet of the Property of the pending Variance application at the City of South Miami relating to the Property. FURTHER AFFIANT SAYETH NAUGHT. Pro or STATE OF FLORIDA) ) SS: MIAMI-DADE COUNTY ) The foregoing instrument was acknowledged before me this a;�-day of Q► Q_W2020. by Jerry Proctor. He is personally known to me. Sign Name:�1"Ct Print Name: �- My Commission Expires: NOURY PCJ13 PC Serial No. (none, if blank): [NOTARIAL SEAL) +03 Liset Fernandez.Banos NOTARY PUBLIC STATE OF FLORIDA a Canrri# GG98079s s,N 19�0 EXRires 4122/2024 Page I of I 33 Jerry B. Proctor, P.A. To Whom It May Concern: October 20, 2020 Re: Matthews -Jacobs Investment, LC Matthews -Jacobs Investments, LC has filed a zoning application to the City of South Miami regarding property at 4000-4040 SW 57 Avenue, the southwest corner of Red Road and Bird Road. The attached letter of intent provides additional information. I may be reached at (305)779-2924 if you have questions. Prior to the City Commission hearing regarding this application, the City of South Miami will provide additional notice, Sincerely, • -' Jrry B-- Proctor, P.A. Jerry B. Proctor President 9134 s. sur-m. 1700, MIAMI]: M 33156 7,U,5.7?9.-7924 3 1 1 wx: I-(-) R@ I'RCIC RA? RA 'Y)M' 34 B. Proctcor, pA. October 1, 2020 Ms. Jane Tompkins Planning and Zoning Director City of South Miernl 6130 Sunset Drive South Miami, FL 33143 Re: Zoning Application — Matthews -Jacobs Investments, LC Property: 4000-4040 SW 57 Avenue Folio No: 09_4024-006-0050 Dear Ms. Tompkins: Please accept this application for public hearing on behalf of Matthews -Jacobs investments, LC (the "Applicant). The Applicant owns a parcel of apprt)rimajely 22,560 square feel, in size (.52 Acres) at the southwest corner of Bird Road (SW 40th Street) and Red Road (SW 5VI Avenue) (the "Property"). The Applicant has owned the Property since 1948. The Property is located at the norEharn edge of the City limits. The Property is zoned GR feianeral ReiaM and is developed With a one-story retail - gnaL,:�d for ccrnmercial RetailanOffice development on building. T'he Property is desf Oiciober. 20'18, tho building was darnaged by Fire and all the City's L-111d Use In tenants, including a restaurant, dental office, and consignment shop were displaced. Z_onnia_History The zoning history Of the Property includes the following hearings: e 0. is i V C.,,Dj-,jmjssion appi-evc-d eXPE11-1510n 01 the ., 'L lig a. In 200-1, Ithe Giii rlt rjj, iljr� Properiv, WbjOGI LO additional "Dalicin de Espvna' Restaurl payments inW- the. Gity's Fund, A col2ly of approved RiesOlUtiOn # - 68Z1 -1- 12-16 is attached. d additional expansion of b. In 2017, the City commission approve near the intersection of Red '-DL-Iicias cle Eepens' in,.: file corner SMACe Road and Bird I ire,1:,L%L4d ioualy (jccL!pjed by a diner, Allen's Drug Store, ir facility. Approvals included aPost 0111r."i and -,. viaich re -pa CIA Special t_tse approval of tine expanded restaurant and a variance of parkins; regQirernents to address the 16 additional parking spaces required by the revised floor plan. Copies of the Development Orders approved in 2017 are attached. Development Plans The Development Tearn is pleased to present the redevelopment plans for the Property for the City's consideration. The plans, prepared by WHA Design, feature a contemporary design that fits into the floor plate of the existing building which will be renovated. The nbvv Widing will include approximately 15,964• square feet of `door area and will incorporate: 5 ) A new bakery/restaurant (Cala-Millor Pasteleria of Madrid, Spain)in the corner space near the intersection of Red Road and Bird Road with approximately 71,149 square fee: of floor area on the ground floor and 895 square feet of mezzanine space in the northwest corner of the building. 2) Retail space in the center of the building. 3) A. dental office (which operated on -site prior to the fire) of •1,379 square feet in size in the southern portion of the building. 4) Additional planters and landscaping, subject 'cc governmental approval, adjacent to the right-of-wav of Red Road. 5) Design features theft will allow a greater amount of light into the building and Will soften the appearaince of the building. 6) An improved, consistent signage program. 7) Connection to public water and sanitary sewer service. Variances Because the Property is considered "nonconforming" by virtue of the terms of Section 20-4.3 of the Land Development Code; several variances are required for redevelopment. They include: 1) Variance of front (0', 20' required), rear (0% 15' required), side street (1:, 15' required), and side (1B7', 20' required) building setback requirements. 2) Variance of permitted impervious area to permit 98% (85% permitted). 3) Variances of parking requiremerts to permit redevelopment of the existi;,g building with a parking regLiltement of 101 spaces, where a demand of 84 spaces was approved in 2001 and a de.nand of 100 spaces was approved in 2Q 17. 4) Variance oflandscaping reyuiations ;Section 20-4.b). 36 Setback. Landscaping acid lmoervious Area Variances VVith respect to the setback and impervious area variances, please consider the following facts: a. The variances are necessary to relieve particular extraordh7ar,y conditions relating to this specific Property. The Property was developed in its current configuration of structures and layout in 1946. Section 20-1.11 of the Land Development Code provides that "this code shall be in full force and effect from and after its passage, effective date being October 26. 1989." In addition, use of the Property predates the City's initial Comprehensive Zoning Code adopted by Ordinance 276 in June, 1954. b. Denial of the variances would result in hardship to the Applicant. The Property abuts public streets on three sides; in the past 74 years since original construction, Red Road and Bird Road have been widened by actions of government agencies, not the Applicant. These actions have reduced the building setbacks and constrained the ability to use the Property. Redevelopment of the Property on a smaller footprint would result in significant financial hardship to the Applicant. c. The extraordinary conditions and circumstances do not result frorn the actions of the Applicant. The closure of the business resulted from a fire, nut by any voluntary act of the Applicant. The casualty event made it impossible to reopen the building in the time prescribed in the Lard Development Code. The case law regarding nonconforming uses considers the "intent" of the Property owner when weighing the equities of forcing the Property owner to comply with current regulations. When the casualty results from an unforeseen event such as fire, flood, explosion, vrvind, or war, property or business owners are usually allowed to resurne the scope and nature of the prior operation on zhe Property. Lewis v. City of Atlantic Beach, 467 So. 2d 751 (F1 1 t DC 1985). d. The requested variances are the minimum variances necessary: to make possible the reasonable use of the lard, building and structure. The nonconiorminu str�-ciure on the Property has not increased in size since it Vva.s constructed in 1946. Denial of these variances v;ould -effectively require der tolitio i of ilia b:lilrting without any cor:,espond;ng IDublic benefit. e. -hat the approval of the variances will be consistent with the Gene -al. l. intent and purpose of the Land Development Code and will, not be injurious to the neighborhood or otherwise detrimeritai to the public ;,teifare. T;-;e building and 7ther features on the Property are surrounded by public streets on three sides and by commercial ,ise to the vest; the continuation of the existing building and impervious area footprints, with the proposed addition of planters and landscaping adjacent "M Red road, will cor.'imue to be compatible with the surrounding area. Parkiniq Considerations 1, There are six (6) parking spaces adjacent to t!,,,e Properly on SW 57 Avenue (Red Road) and three (3) spaces adjacent to the Property on SW 415' Street that ccimply with Section 20.4.4 (A)-, these spaces are not assigned or credited to other properties, and will be used by patrons of the bisiness on the Property. 2. There are approximately 42 parking spaces w-st of the Property on the north side of SW 41 Street that are also not assigned or credited to othe;- properties and will be also used by patrons of the 6usinesses on the Properly. Tile Property Owner paid $25,575 toward the irnpmvenient of this parking area Ir 2001. Variance of Parking The Applicant received variances in 2001 and 2 A 7 for continued use of the retch building on the Property, with 84 spaces requested by mixture 01 uses approved in 2001, and 100 spaces required by the mixture of uses approved it,, 201"17. The App!:cant now requests approval of Development Plans described above which will squire 10i parking spaces in today's Land Development Code. In your consideration of this request, pic-ase note the foilowing facts: to the specific property. Section 2C-1.11 of the Land Development Code provides thai "this Code shall be i1r; lull force and effect frorn and after its passage, effective date being Ociober 26, 1989." in addiiian, use of the Property predates the Citiv�s initial Cornprel-iensive Zoning Code adopted by Ordinance, 276 in June. 1254- The F-oper-Ly, along t-%11-jh its ;conic building, have bean used fcti- corriniercipi purposes for over :7,0, years, b. Denial of '-he variance VY001d resall it hors ship ic the Property Owner and Applicant- The Land Developmei- Code in tl�e GR (General Reta.ii) does not offer the same treatment of park',-,,-- iT--C]L. FIJOIIS r re, -tau ra tits as the Honieto-vvn Districi The Horneiovil-i Distrii,.i iecogilizias the design benefits of on-stree,L" viared parking and 'I;.QeS i-101 PaYl(:r1C1 allocation For kitchen and other res"FiLlrant spaces -ol aiz•-;ess-;C1ie tc. the public. 7-he cleveiopment of he Pro-)erty and the E-,Ur.'OUndir:O area iiie Same principies as the 38 "Hometown" area; no parking on site, with shared on-sbeeiarid/of municipal padking:[aci|KUoaMthevicinih/ioserve commercial patrons. c. The eXtrao.rdinary conditions and circumstances donctreaultfrom the actions ofthe /\ppUoanL The application o[''ouburban"parking pogu|ationaonanurban commercial design and operation do not result from actions ofthe Applicant. Since the original development c[the Property, the adjacent roadways (Red Rood and Bird Road) have been widened th|'ough achona byQovernnlent P ' O f �h |i �i gtheparhingopt(onefurthe agenoiea, nctthe ropedy *nps. u er m n Pnoper,y. d. The requested variance iythe rnin\murnvariance necessary bzmake possible the reasonable useofthe land, building and structure. The nonconforming structure on the propmdy has not been increased in size since it was coneiruo�ted in 1946. Development ofa range ufuses on the Prope�yia a tenet e000rahm underlying "GR"disJ,|ct' mixing agp� restaurant with other /xetciii and service uses results in different uses vvKh different peak how, damnndm and o sharing of infrastructure in the area (including parking] ihaiwi8not overburden the surrounding area. e. That the approval ofthe vAriancewill Lie consistent vviththe general in1entand purpose of the Land Development Codeand will not be injurious to the neighborhoodVrotherwise deirimnente|tnthe public welfare. The City (through two approvals by the Ciiy Commission) has opined that restaurant use is compatible with the area and 'that ilie general level of parking reqUired byt-he proposed mixture mfland uses ioacceptable Additional ConsLd�e—ralions. Approval of this appllic2tior. and re—l=velopri-ient of the Property will provide renewed services to the corrin-,,unity in a prec,;Ilficuseconornic period. These services will fit into the pr;-=--existing buildinq'footprink avid the impacts on the surrounding area will not. 5re The design vqfll maintain the scope and Increase Noni those in place prior -zo the shape of tha or st -1 iciure, lzn*iful on -street parking in 'the area (particularly along SVV 4-Fi 3irf=,el �-%jh'Qh -the spplicant co-deve'loped with the City) will insure thal �F;)ill ini-.-. othee residential areas. In addition, 'the ions in -,he Land Use Element of the City's develop niell"I " FLJOBJEC"Tk/E53Support �333indRoad Cnnnneuia|Area To preserve ano an'vancc- "Ale Biro Road w|)Ue aneu.inQ the compobbi|hyol oeoawithLheodjmmantpooperies o FLU Policy 5,31 99 The CiiymiU seek opportuniUC-$ Wmupporland prurnoie 'Hh*oornrmonciei uses inthis corridor. Th�nhyOUfb[ yourcomaidenoUonofthhaapnUcobon Sincerely, .~, ' Jerry B.Proctor, P.A. Jeny B. proctor CITY OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE PLANNING BOARD In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, City Manager's declaration of a state of emergency, the City's emergency resolution and ordinances and the City's Home Rule Powers and in the event that the Governor's Executive Order (EO) 20-69, as amended, is extended beyond November 1, 2020, the City will be holding its Planning Board Meeting VIRTUALLY. In the event that the EO 20-69 is not extended and in the event that the City's ordinances and resolution, as well as the City Manager's Declaration of emergency and her emergency orders require that a quorum be physically present, then in that event a quorum of the Board will be physically present in Commission Chambers but the meeting will still be held virtually. The meeting is scheduled to begin on Tuesday, November 10, 2020 at 7:00 p.m. to consider the following public hearing items: 1. PB-20-018 Applicant: Matthew -Jacobs Investments, LC A Resolution relating to a Variance application to reduce the minimum front setback requirement, the minimum rear setback requirement, the minimum side street setback requirement and the minimum side (with driveway) setback requirement for a commercial building located at 4000 SW 57 Avenue. 2. PS-20-019 Applicant: Matthew -Jacobs Investments, LC A Resolution relating to a Variance application to increase the maximum impervious coverage requirement for a commercial building located at 4000 SW 57 Avenue. 3. PB-20-020 Applicant: Matthew -Jacobs Investments, LC A Resolution relating to a Variance application to reduce the minimum amount of required off-street parking spaces for a commercial building located at 4000 SW 57 Avenue. 4. PB-20-021 Applicant: Matthew -Jacobs Investments, LC A Resolution relating to a Variance application to reduce the minimum landscape requirements for a commercial building located at 4000 SW 57 Avenue. 41 SW 40TH ST i taeo , Slut 41 ST ST E1 -- cn _ - 4--1- — i m i Location Map For PB-20-018— PB-20-021 only All Board members as well as City staff will participate by video conferencing through the Zoom platform, and members of the public may join the meeting via Zoom at and participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at _ — `-,`';', :., ;: sr, _ , notice.. Anyone who wishes to review the pending application and supporting documentation in person must make an appointment by calling 305-663-6327 or 305-663-6331. Please note that Governor DeSantis' Executive Order Number 20-69 suspended the requirements of Section 166.041(4), Fla. Stat., that a quorum to be present in person, and that a local government body meet at a specific public place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission wit- respect to any matter considerec at'ts meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days (nct counting the day of the meeting) before the meeting deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305-442-1600 (TTY/TDD) or by rrail at 6130 Sunset Drive, South (Miami, Florida or email at npayne@southmiamifl.gov. 42 MIAMI DAILY BUSINESS REVIEW P�Mistwtu Dafiy C.Cepl Saturday, Sunday and Legal Hotidays dvilami, Miami-0ade County, Fiando STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review Gila 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 CITY OF SOUTH MIAMI - VIRTUAL MEETING OF THE PLANNING BOARD - NOV.10, 2020 in the XXXX Court, 8 may, E A T 7 It" C HE D was published in said newspaper in the issues of 10130/2020 AfTrant 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 adfiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper jP t-*^-v gcz'e�' Sworn to and subscribed before me this 730 d. ' OCT , AD. 2020 (SEAL) GUILLERMO GARCIA personally known to me �•-e LYNN RftV1� CNiiiSitNf� t Ccmmissi�n�GS27Ti/120 i {� Expites iloYedt€oSEf1191`�i'r1 r �yaRs>^�u:,cs 43 40 L: r,, `fit }I i i r V IttdPit.�iaitP • h 19 7 toKmp. CITY OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OFTHE PLABtiRNING BOARD In accardanco with City. of South trllami Code. Chapter-286.ot t, Fla. stet, City Manager's declaration al a state of emergency, the City's emergency resolution and ordinances and the Cities Home Rule Prnvers,arxf in the avast #%attho Govemoes Executive Oster (EO)2p.-.'6 , as amanded. is extended beyond Movaidw .t; MO. ffie City wilt bq tititiiing its Plarutrrtg'Board Meaifng YIRIlJAI LY. In ttic event that the EO'28 69 i5 tSe' exlended'and iri the overt-tftat ilea Gty s ardtriarice `.�mnrl n*c}ution, �s vratl r�s the City Msnager's paclaratzeii of �rie(gixtcy.eiaj h« eiriergenr�r tirdeB iaquiraithat a quorum.b§.p)iysicaily Presevs►. then in that avert itwittnt fi`ihe. Baetct wiii:ha physftxtlly present m Cammissten:Ghnmbars,tiin the meeting wiitstitl be•iieki virtually 7Tfo moeitag (s.schedirted to begin en Tuasdav �ibvt3�_6Sr£p. 2020 aC? OAS tq consider the tolJovri ng puf�lla headriQ rtarns: t, pt3-20�018 Applicant: Matittemv Jaco!>3lnuestattentry,;lC' A` Rasotuitan rafal3rtg to a Yaifttricr application .to. reduce the minimum front setback requrroment,. Um tiiinimtun-'rtiaar seuxick ragq(rameirt,'tl:e:minlmum side street sotback requtroinent und:the trlirtiiniirn side Etvitlr drtvevrajr�'mtbaok niquirisatent for a commercial building located at 40E0SW S7Mj iue. 2. P.8-2p a Appticont:•Matthew;tacobs Investments. LC A Resolutfon salaling to a Yarwnce appticallan to Increase the maximum impervious :coverage requirement far:a ccmmrrciai huitdirrg iocatad at 40GO SW 57 Avenue. 3. P134"20 Applicant: Matthaw-Jecabs Investments, LC A Raselullon relating to a Variance appCrcatton to reduce the minimum amount of regdirad off-shaot'ji"ng apaaas farm commercial building located at 40M Sit/ 57 Avenue. d. 138=20-021 Applicant MaithemvJacobs Investments, LC A Resolution reating to a Variance appttcatton to reduce the minimum landscape requiremants for a commercial building located at 4p00 SW 57 Avenue. LG sy:a4i*R@& ,ha.. re'ASas. Ja N�iu+�YwLvasw�"il R19tr&Pte...yo ars!.' t-..nroe&re."a"'�..°.J 8C`#xa.'i*�'vs 'Rxx� ^.e.Mm�)'u'e5`vti'F§aY'Lelu��Mwtarl�zk�.l�'em - yy e SVV 40TH ST rn hn+ C t i R`, K SW 41� S ry of a Va.; <x P N; Location Map For P13-20-01 — PCI-20-0 f on: `.Adpticanl,, The tasty° eE South Wmt .An Ordinance am n&ng SerHon 2011Y jemitMad Use Schedule) of the ity's Land D'd"ment Cade to"Permit Efentat offices isa the GrR (Gcnerat Reta11} Disvict, sunder cer adn conditions, An Ordnmwe is„. a wt to St..t„ a a as.m ,: d c hm ,,a,.p.nPe,�;AW ,.ew. tss a = Uw M W Sa�. s hat;aans` Lind t�tas=ciopment s. & n„_drd?dsnst C,risc„W j Win , . �,3 rna=g Me TmmRQKMa tttye"munt ctt,thct WXed Use hi;jrLct (iODD (NIU-M)'a. v ::r ms ,.. a, "i� C t i ,a, a t , °, r „ tt x r. �: t 4 , n €t_ ..aaa s„. 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Ly u! wt,E io'r o, w tK,-...... u�1[ . �, t : *�s,.� a: USA r Cat��F:;.. e, �.. r�ss Gs _ _�? .R� i�-s,a,,rl.��P•°, �� t1 m SHEET INDEX Sheet Number Sheet Name CS-1 COVER SHEET LS-3169 SURVEY sp-1 AERIAL LOCATION MAP sp-2 OVERALL SITE PLAN LA-100 LANDSCAPE PLAN, NOTES & DETAILS a-1 PROPOSED FLOOR PLAN a-2 EXTERIOR ELEVATIONS a-3 ENLARGED ELEVATION DETAIL m. "Ly) [W lwha ARCHITECT 1 DA LANDSCAPE ARCHITECT i�F. Arthur CS-1 SKETCH OF BOUN » Y V fitIRVFYk:T) PARCEL as i I gspe�� n g; w s4y(a�rtn r Banca�a N A. ..m LOCATION MAP 3 � lLU NE. 1?)EGY ;A rofM da .w-Ft " arc �a r' ce a a TM nm C n 1, p m @W Ej Tl aM wm � t f a 1Ir r 9{ " s P iYrVwi't+x.e ew+F awu SvnteM ! x T — t Ai rj , xIN �m c jt a r r n s 1 '. r fi Tom RW W � nr ••.4 �; Y � � 4 r A@g t t n oS }"9t94"d by � i$ ve y a a La-3169_ .. t r t�.,rrrer, eierr .t .._ r ..__.w .. w. t �A. '., a _......,..._."..._.._.. ......,.. ..,,.-,.. _ ..,:, .... .............. .... ... .. , -, w r 't 1 William R Arthut w s a k s - ,. EMS 1 l ' ry , A IN":, , ,:.• � � ' � �wa�w.t➢r ... .- s Cw��,�n.n Ixanraou�eia. h-' ... ,. M...nasn 1 ¢r+u e .:1�...Vm �+,1 cx v I, Lt.kcr m ..._..,... 14 C SC tFRUFWAY5 '1j EXISTING SINGLE STORY C� U RETAIL BUILDING rcu ro a:nrrr ➢xc NEWMEFABRFTED 1 r � uj w c IF, I.— � sai � u�a L, ENTRY C11VEa+F.0 CTYNOPY da}4'�r3+5fr+ev. r rIT'ST 1,A4tiaVE'.niDlC. .51�ucFw�++Rf r�sr'4ctia � 'Sj'„,, Rrm %Ut772F3'te rtitiA!N EXIST, CROSSWALK REIN ROAD (SW 57th AVENUE) y t t e LANDSCAPE PLAN( 1 It 1 Of -Oil .Q 41 4 biP 9a .. [i ➢'T . 1, e, t'Kb. , `f r, I 4 i I �. 1I0— Plant List QTY BY Bc tnnrca€ A GaMmlaia N ¢x Doscrrp on P Specification !Nmive i IN .. 1) SIB ,.� �.. ..r ,., ..... .., �.. a., ..�.. ry W mm 117valmolo t sabal f a �l x"I CT, 26,2W oa 1➢I, srwA maldled9 yes E i t➢ i "" ' ik,n M1. N. J= � 3 Sf1 1R! � C1C rpa qal Fuvr, rrnlr„t t rlygav 9 ia�AT� racu5 3 ' nt x 1 "sRr ._.,.____ _ ..... NO ___ .. _ � � C) x 0B W W ILA '100 cn r w" Y a 12 9 C in 8 . 7 1 7 6.9 3 � t I t 4Q3 S P ¢i 'm a 1 i r ud qa �„ zrs 6 p _.. :ar=✓re. rs ,n�, to .. .. ,n„x,, .3, ,, G'J� ti N 5.1 � E i et l j' 12 V }� k ra rr.E ar :e y {, � B r{ 7. 1 5 Ci b A 114 v 3 t } VIIf 10F ur. Lt� ' E � ra a �. { s , . °a' �+. Willi F. At4hu; E +sir ). H %.Y r 69 6 ., A .S ,�.. .,.. r E J i " � if F 4m C. u a (� ri ? e+. e � z c °. ,... E,..}. stu %,,: . ,, 6 { s .. '.?, sn En X „". { at. E. S ? .X.`?<• }. X its c- t wp 0 * Z n i z...iL u , a fit% 7 71 R R.. 90. 1:5. 1.2. 1 SS j R a— i F A t �4�'illfbtrh F. i+riftur Y� s 2.p4f 4U 92 a xnw c =uj C. f n3•. DeFat en ,.m r CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, November 10, 2020 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A -5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay on armucafee of $500.00 and on odditionol $100 for each additional issue. This applies to all persons who ore retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist.- a representative of a principal at a quasi-judiciol hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not for -profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to them in its entirety, audio and video versions of the meeting can be found on the city's website (ML%yA.southmiamifl.&ov). 1. Call to Order Action: Ms. Ruiz called the meeting to order at 7:01 P.IVL Mr. Pepe provided the Board and public with the rules forthe meeting. Lisa Bonich. Board Members Absent. None, City Staff Present: Ms. Jane Tompkins (Planning Director), and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator), City Staff Absent: None, City Attorney: Mr. Thomas Pepe. fit. Administrative Matters Ms. Tompkins informed the Board that Miami -Dade County will be holding an information meeting about the Ludlam Trail on Thursday, November 19, 2020 via Zoom. She then let the Board know where the information on the meeting could be found. IV. Public Hearings: Mr. Pepe provided the Board and the public with the procedures for the public hearing portion of the meeting. Mr. Pepe suggested that the Board review PB-20-018 — PB-20-021 all at the same time. He also suggested that the Board vote on each item individually after they've all been reviewed. Ms. Tompkins agreed with the suggestion and informed the Board that Mr. Lightfoot would be presenting the items to the Board. 1. PB-20-018 Applicant: Matthew -Jacobs Investments, LC A Resolution relating to a Variance application to reduce the minimum front setback requirement, the minimum rear setback requirement, the minimum side street setback requirement and the minimum side (with driveway) setback requirement for a commercial building located at 4000 SW 57 Avenue. 2. PB-20-019 Applicant: Matthew -Jacobs Investments, LC A Resolution relating to a Variance application to increase the maximum impervious coverage requirement for a commercial building located at 4000 SW 57 Avenue. 3. PB-20-020 Applicant: Matthew -Jacobs Investments, LC A Resolution relating to a Variance application to reduce the minimum amount of required off- street parking spaces for a commercial building located at 4000 SW 57 Avenue. 4. PB-20-021 Applicant: Matthew Jacobs Investments, LC A Resolution relating to a Variance application to reduce the minimum landscape requirements for a commercial building located at 4000 SW 57 Avenue. Applicant: Matthew -Jacobs Investments, LC represented by J. Jeffrey Matthews (Owner), Mr. Jerry Proctor, Esq. (Attorney) and Mr. Bruce Arthur (Architect) Ms. Ruiz read PB-20-018 — PB-20-021 into the record. Ms. Ruiz swore in Mr. Lightfoot. Mr. Lightfoot then presented the staff report to the Board. Mr. Proctor presented the items to the Board. Ms. Ruiz swore in Mr. Arthur. Mr. Arthur then presented the architecture for the project to the Board. W The Chairperson opened the floor to public comments on PB-20-018 — PB-20-021 into the record. The Chairperson then swore in all of the individuals who spoke during the public comment portion of the hearing. • Juan Carlos Diaz Padron: Mr. Padron voiced his support for the project. The Chairperson closed floor to public comments on PB-20-018 — PB-20-021. Mr. Proctor informed the Board that Mr. Padron and approximately six (6) of his neighbors submitted letters of support for the project to the City. He then asked for the Boards' support on the items and asked for guidance and support on addressing the landscaping conditions in the staff report for the project (Staff Conditions #2 and #3). Ms. Ruiz opened the floor to questions by the Board. Mr. Miller asked if the family has owned the property for the past 60years, to which the applicant stated yes. Mr. Miller then asked if the hours for the proposed restaurant/bakery going to be consistent with the previous restaurant tenant. Mr. Proctor responded that the Bakery will have a proposed start time of lam and will close at approximately 10pm, which is similar to the previous restaurant tenant. Ms. Ruiz swore in J. Jeffrey Matthews, the owner of the property. Mr. Matthews then provided the Board with the hours of operation for the previous restaurant tenant. He added that his family has owned the building since 1948. Mr. Jacobs asked if the applicant will be rebuilding on the same footprint of the previous building, to which Mr. Proctor stated yes. Ms. Ruiz asked about the Allen Drugstore sign. Mr. Proctor stated that the intention was to save the sign, but it was destroyed during a storm while in storage. Ms. Ruiz asked if Stoppers were considered to be a native plant species and if they were considered for this property. Mr. Arthur stated that the landscape architect for the project was not available and would pass any suggestions for the landscaping along to them for review. Ms. Ruiz asked what the species of palm would be, to which Mr. Arthur stated that a Foxtail Palm is being proposed for the project. The following Board members had no questions for the applicant: • Ms. Lisa Bonich • Mr. Bruce Benjamin • Mr. Corey With no further questions for either the applicant or staff, Ms. Ruiz opened the floor to Board discussion on the item. 56 Mr. Miller stated that he has nostalgic thoughts for the property and stated that seizing the moment following the fire to change the rules doesn't seem particularly fair. He then stated that he is supportive of all four of the proposed items. Ms. Ruiz asked the Board if they had any comments regarding staff conditions #2 and #3. Mr. Borges stated that all of the items should be approved, to which Ms. Bonich agreed. Mr. Jacobs suggested that the applicant look at planting Pigeon Plum trees instead of the palm trees. With no further discussion, the Board made a motion on the item. Besides staff condition #2 and #3, Mr. Miller asked if the applicant objected to any of the other staff conditions for the project. Mr. Proctor responded that they were only objecting to staff condition #2 and #3. They had no issues with any of the other conditions. Mr. Borges then asked what staff condition #2 and #3 were, to which Ms. Ruiz read them into the record. Mr. Pepe recommended that each individual item receive a motion and vote. Ms. Ruiz asked if the staff conditions could be applied to all of the items. Mr. Lightfoot responded that with the exception staff condition #2 and #3, all of the remaining conditions can be applied to all of the items. He then stated that staff condition #2 and #3 should be applied to PB-20-20- 021. Ms. Tompkins added that staff conditions #2 and #3 are Land Development (LDC) requirements. If the Board wants to remove those requirements, then the motion should specifically include those items as being part of the variance. Ms. Bonich asked if this issue with landscaping comes up often. More specifically, the issue of meeting the tree requirement for native tree species and the number of palm trees allowed. Ms. Tompkins stated that she has yet to review a variance application for landscaping and Mr. Lightfoot added that the last variance for landscaping was several years ago for the Mobley building. Ms. Bonich stated that this issue came up during the review of the project for the Winn Dixie property. Ms. Tompkins clarified that the issue with the Winn Dixie property wasn't regarding the review of a variance application for the site but for the review of LDC text amendments. Mr. Borges stated that he would not like to see this application delayed because of trees. Mr. Jacobs stated that the item won't be delayed because the applicant accepted the conditions for approval. Mr. Proctor requested that the Board express some form of support for relief from staff conditions #2 and #3 and perhaps add a condition that the applicant will work on the landscape plan so that it could include different plant species and/or native plant species. By doing that, the applicant will be able to achieve some form of flexibility on this issue prior to going before the City Commission. Motion: Mr. Jacobs moved to approve all four (4) of the items as presented. The motion died due to lack of a second. 57 Motion: Mr. Borges moved to approve all four (4) of the items (PB-20-018 — PB-20-021) with the following conditions: 1. Staff's conditions; and 2. The owners receive time beginning from the Planning Board hearing to the City Commission hearing to work with the Planning Department on obtaining a concession on Staff Conditions #2 and #3. Mr. Miller seconded the motion. Vote: Yes 6. No 1 (Jacobs) Ms. Bonich: Yes Mr. Miller: Yes Mr. Corey: Yes Mr. Baldwin: Yes Mr. Borges: Yes Mr. Jacobs: No Ms. Ruiz: Yes The motion to approve PB-20-018 — PB-20-021 was approved with conditions by the Board with a vote of 6-1. V. Public Comments/New Business The Chairperson opened the floor for public comments and any new business. Public Comments Section There were no Public Comments. New Business Section There were no Public Comments. The Chairperson opened the floor for public comments and any new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of September 14, 2020: Ms. Ruiz explained that she incorrectly counted the votes on PB-20-017 and stated that the item resulted in a tie vote instead of it being approved. Mr. Miller then asked if there is a way that the developer and neighborhood can be notified when the Board approves an item in error so that the Board can reconvene in order to correct the discrepancy. Mr. Pepe stated that all parties involved should keep track of the vote so that any issues can be corrected immediately. If an item fails, it still goes to the City Commission with a recommendation of failure. Staff would have picked up on it that the vote was not a failure and instead was a deadlock vote. He then closed by stating that the chair announcing the vote is not written in stone. The correct vote will come out when the meeting minutes are produced. Ms. Tompkins added that Mr. Lightfoot notified the applicant but was not aware if he notified any of the neighbors. Ms. Tompkins then stated that the City Commission would have met on the item before the next regular scheduled Planning Board meeting would have taken place. Ms. Ruiz moved to approve the meeting minutes as presented. The motion was seconded by Mr. Miller. Vote: Yes 6. No 0 (None) Mr. Bonich: Yes Mr. Miller: Yes Mr. Corey: Yes Mr. Baldwin: Yes Mr. Borges: Recused Mr. Jacobs: Yes Ms. Ruiz: Yes The motion to approve the meeting minutes was unanimously approved by the Board. VII. Future Meeting Date: December 8, 2020 Vill. Adjournment The meeting was adjourned at 9:22 P.M. 99 Jerry B. Proctor, P.A. December 2, 2020 Ms. Jane Tompkins Planning and Zoning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Matthews -Jacobs Investments, LC Property: 4000-4040 SW 57 Avenue Public Hearing: December 15, 2020 Dear Ms. Tompkins: On behalf of the Applicant, Matthews -Jacobs Investments, LC, please accept the attached plans for consideration by the City Commission in conjunction with the previously requested applications for variances. Since the Planning Board hearing on November 10, 2020, the Applicant has refined the proposed landscaping treatment along Red Road (SW 57 Avenue) to include nine (9) native Sabal Palm trees (which are 26' to 28' in height at planting) and Ficus shrubs. We believe that this revision addresses many of the suggestions made by staff and the Planning Board, and that it will result in an enhanced "front door' view of the development. Thank you for your consideration. cc: Jef Matthews Andy Cooper Bruce Arthur Sincerely, Jerry B. Proctor, P.A. Jerry B. Proctor President 9130S. DAD F] AN I � BIND - St I VI F 1700, MIAM I, I 1 33156 305779.2924 J PROCTOR011PROO OR PA COM ME 155E SilIND"AYOECf 'Rbi01i NEIGHBORS MIAMIiIERAID,, � sw TRANSPORTATION PUBLIC REARING CITY OF SOUTH MIAMI, FLORIDA true end Darn about the Florida Department of NOTICE OF PUBLIC HEARINGS Trans + rtation'S District Six Tentative Five-Ycai In accordance 'with City of South Miami Code, Chapter 286,011, Fki. Star, the. City's Work ft' o6rarn for Fiscal Fears ; �� Horne Rule Powers, and the City Manager's declaration of a state of emergency dtae no 2021,1 `< third 2025/2025 � the Cnronar4rus, the City will be holding its City Commission Meeting reiRTUAt Lk'. The meefirg is scheduled to begira;bn Triestine. December '�L` 2tH�fi at 7.QCY'ta.m. to consider bttami—lade County Hearing the I,wl mniinq public hearing ilerralsl: i_r p,m `,t 7:30 p.m, A Resolution concerning approval of a Development Agreement foreland described tvt^y"'c>.a°a December 14, 2020 therein. and generally located at 350 SW 73 Street and 733'1 SW 59"" Avenue. South ' knami, FL, for a large-scale mixed -use development with 246 residential units and. proposed building Internally of 36,395:square feet of commercial space, proposed fond. e r t' ',. population densities at 611 people, a packing garage and a proposed height of. ti rr QiWl 115 feet eight inches; a copy of the proposed agpreement is available In She City's FD . Iistrict &x Auditorium dark's office. 1000 N't'yr ill Avenue, Miami, FL 33172 An ordinance amending Section 20-3.3(D) (permitted Use Schedule) of the City's Land Development Code to permit dental offices In the CaR (General Retail) District, under Space Its Limited: RSVP by December 5, certain conditions. vI it t# .,vt.tdC(rTtl7lii rid .cprtl YNprk (frC€ r3li or A Resolution relating to a Variance application to reduce the minimum front setback scar"t; OR code, requirement, the minimum rear setback requirement, The minimum side street' setback requirement and the minimum ciao (with driveway) setback requirement for a'' The I °•,"'aerSbn Public Hearing will be In compliance withall current commercial building located at 4000 SW 57 Avenue. Ceuta,". for Disease Control and Prevention (CDC) guidelines, and A Resolution relating to a Variance application to Increase the maximum impervious SccC,":: t c stanched will be followed. coverage requirement for a commercial building located of 4000 Sty 57 Avenue,.. A Resolution relating to a Variance application to reduce the minimum amount ,sr 're nix After,41 LAL : of required off-street parking spaces for a commercial building located at 4000 SW �...rJc, .a 57Avenue, To a0ci` `d the Pubiic Hearing via GoToode�binar �� ` • A Resolution relaying to a Variance application to reduce the minimum landscape from K , ,.r computer, tablet or srnartphcine requirements for a commercial building located at 4000 SW 57 Avenue. pleas 'e tslor using the link below far scan Governor CeSanfists Executive Order fE,O) Number 20-6suspended that partisan p ,rie Code: ct Seolidn 19604:(4). Fla. Star,, thin required a quorum to he physically present to �'t' adopi resolutions and enact ordinances. If L.C. No, 20-69 is extended, City staff and all Commission members vast& parficipato by video uonterencing through the Zoom platform and https,,€;r ttendee.gotowebinar.corn/register/ 94565 6 3860474380 members of the public may join the meeting We Zoom atam�grt 3 afil rind participate, If E C. No. 20-69 is not extended, three members of the City Cominissioner loan w=wpants can also use their phone by dialing In to, will be physically present In the City uorninission Chambers and they will be broadcast 1 (1C) 614-3221; Access code: 22-276-715 an tho Zxturr rf attarrn along ,with all other rnambers at the Commission, city Staff and (lift pubHc who may attend remotely from ether locrrimns. If you desire to present evidence or '. # iC Ii 3J i I Pt i l5l 1 sov are urmblc to use Zoom, (heFc Era, protrodure5 to follow and tether options available . including. a dedicated phone ,Hen fc listen and participate in the meeting and limiled FDO' i'ROJECT MANAGERS WILL ATTEND VIRTUALLY TO 6-)0=AR public attendance, all of which is Set forth u. the meeting notice posted at City Halt and )w . " i`H iLiGNTS AND ANSWER YOUR QUESTIONff'1 at t!,ttt=x a.}`'! „C+?, E3,E1'i['.d731i1' .4,.:.5...5? ...iPkit ft* fl 4.=..t:'_tfrY.C, ,--`.Wjrwf1L Antioni who wishes to ravieur '. pending application supporting documei,aliCan or who de5ke. to have cocur eats made t...". F nth, 5 KYik Y ,rF L dN. it 'n, !a {1 trelm at=.. ,s w.i!'t ih,. r' ?O F�.nLd18„rf4CfA[g tk 7J::9:t}uLR5LSt contact iiaCity ArKl. by ..,. ftInk,>v.yr nnO u.F,dfl id.s 310E-t}tF.i-6340l ... S P t k' i9 tt ( IhWr. 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'1`a e t Pt.'t,9r, ey rt`0 "rt 'dy f Idm PL 13t ) 1(a l vt .,'4,r.,s ,an i. e, Sr ,qh, x. fl tPrrad. fi a. ern 1 ue ..t ih ('tilto- . 5g: y`d Au rrC ."�;nCy d 3 to Iti t *t >w 8.. ..L c.f ,�k. It d,t.e.l4.r tf�Y},9 i,..,t' w ID r.. env[ Fyra"nu e.. un� i,er WC, pd V111r;. �•. gnA Payne,.ChAC: h"ken a$'I}^ a_.:ir „"TY^.aeTc,,R1,riS4'"'Ruflgt,e,0ei,, toga Clark t6 rr i, xr rt yy tt .3,s ...R.Cxsb«+zsti�tN.tut,y ... mr,,.«.a fib.. 4d @:. k._C..v ..s6�.v ,, ,i*ry `... •'r..ci 61 MIAMI DAILY BUSINESS REVIEW Published party except Saturday, widay and Legal Hid -days Mount, Marry; -Dade County, Franda STATE OF FLORID COUNTY OF MtAMI- ADE' Before the undersigned authority personally appeared GUILLERMO GARCIA, who on, oath says that he or she is the DIREC'TOR OF OPERATIONS, Legal Nations of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Mirarni-Evade County, Flohda. that the attached copy of advertisement, being a Legal Adver^iisernent of Notice in the matter of CITY OF SOUTH WAMI - PURtJC HEARINGS - DEC, 15, 2020 to the XXXX Court, was published in said newspaper in the issues of t2,rM202ti Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Cade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (exceptSaturday Sunday and Legal Holidays) and has been entered as second class email utter at the post attire in Miami in said hframn-Dade County, Florda, for a period of one year next preceding the first publication of the attached copy of advertisement; and affrant further says that he or she has neither paid (tor promised any person, firma or corporations any discount, rebate, commission or refund for lira•= purpose of denclong this advertisement for publication in the said newspaper, T ewom to and subscribed before me this d day T MBE C.2020 p y (SEAL) GUILLERMO GARCI personally known to one «:¢ r", `• ,s H rThidfYNJl tn777 27 mmrnpi iyyd ,tm. 7ViiogliS-afdsi0n E'pifSmyeeolrrerpt a beetled w i�S 3C d �df di Wet d 3 Ap uzuu a{tea uung, ddtq jump taa Aq l Cq~C q- t ! „t quid 01 nildea ,itlos mm 0*1a ruat 941,# '( ato bugUIT06 lau) dt.Si1#alui UtIl U1010SAUP sesaU nfll, cwd 'g"V GIOjeq,10 UO "y,.s^"i a rwX %dr3ss -to xjj Appe ulujOwd Alyd v gat ejrdt,,,ip4%l ojnpol,Eqtuesso spo kaqpne Uu Imbea al 10 euppmoxim n it"all "AOq to of uOjjw pu ai lsw uu ua.L Pasted 1,M RM46MV,Utf)tj'DfljAltOull 0,1tM PUM tttyOMPMt not dr:lpa lour Ouirk600did M, jo is,', wwj . v , ,% v cmm,4 l, raaua�rbsi aq r!m tFmed flans leadde m a �� Qq 1=:"ac1Cl „@1 t 1pm 1'taltaaYwtu JO AZU 6 `$aat'aai,",�` eAq 3Pi7'W tzMSI aOP Au j tadde