Loading...
Res No 027-23-15961RESOLUTION NO. 027-23-15961 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING APPROVAL OF A VARIANCE APPLICATION PURSUANT TO SECTION 4-2(a)(6) OF THE CODE OF ORDINANCES TO PERMIT A RESTAURANT WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 4000 SW 57 AVENUE TO SELL ALCOHOLIC BEVERAGES WITHIN 500 FEET OF RESIDENTIAL PROPERTIES; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, CM Spanish Group, LLC. d/b/a Calamillor Gourmet Experience (the "Applicant"), submitted Application No. CC-23-001 (the "Application"), requesting to vary the distance requirements pursuant to Section 4-2(a)(6) of the Code of Ordinances (the "Code"), to allow a restaurant located at 4000 SW 57 Avenue (the "Property") to sell alcoholic beverages within 500 feet of residentially zoned property located within the municipal boundaries of the City of South Miami; and WHEREAS, the "Calamillor Gourmet Experience" is primarily a restaurant but includes a retail component with a bakery and the sale of alcoholic beverages as part of gift baskets; and WHEREAS, the "Restaurant" use is permitted by right within the General Retail ("GR") Zoning District but is required to be located at least 500 feet from residential properties when selling alcoholic beverages pursuant to Section 4-2(a)(3) of the Code; WHEREAS, both the "Bakery" and "Gift, Novelty, or Souvenir Shop" uses are both permitted by right within the GR zoning district and are not subject to a minimum distance requirement for sale of alcoholic beverages; and WHEREAS, pursuant to Section 4-2(a)(6) of the Code, the City Commission may vary the minimum distance requirement between a restaurant selling alcoholic beverages and residentially zoned property; and WHEREAS, the Mayor and City Commission, having held a public hearing on March 7, 2023, and having considered the Application pursuant to Section 4-2(a)(6) the Code, and having found that the applicable requirements of Section 4-2 have been met, desire to approve the Application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals and Findings. The recitals set forth in this Resolution are true and correct, and are supported by competent substantial evidence, and they are incorporated into this Resolution by reference as if set forth in full herein. The City Commission finds that the request to vary the distance requirements for the Property as set forth herein meets the applicable requirements of Section 4-2 of the Code. Section 2. Approval. The Application submitted by the Applicant, requesting to vary the distance requirements to allow a restaurant located at 4000 SW 57 Avenue, South Miami, Florida, to sell alcoholic beverages within the GR Zoning District within 500 feet of residentially-zoned properties located within the municipal boundaries of the City of South Miami is hereby approved. Page 1 of 3 Res. No. 027-23-15961 Section 3. Conditions. This variance is hereby approved subject to the following tenns and conditions as well as all applicable City ordinances, codes, rules, and regulations: a. The restaurant may not contain an alcoholic service bar; b. Food shall be served in conjunction with alcoholic beverages within or upon the premises and the alcoholic beverage is only served at approved seating; c. The sale of alcoholic beverage is less than one-half(½) the total monthly sales; d. Alcoholic beverages are not removed from the premises; e. A pennanent, opaque buffer is provided between the premises and any and all adjoining properties which are zoned residential; and f. Alcoholic beverages shall only be served between the hours of 11 :30 a.m. and midnight, or such other hours that alcoholic beverages sales and service are permitted under Section 4-2 of the Code, as may be amended from time to time. g. The restaurant shall provide the city with the restaurant's records of its sales of food, non- alcoholic beverages and alcoholic beverages upon demand of the city manager, or manager's designee, or of a city code enforcement employee. h. All alcoholic beverage uses must be established on the premises within thirty (30) days of the date of issuance of a certificate of use and occupancy, otherwise said certificate of use and occupancy shall be null and void. i. The variance approved by this Resolution is applicable only to the Applicant at the Property, and only for so long as any current member or manager of the Applicant entity retains a majority interest in the Applicant entity. The variance approved by this Resolution may not be transferred to another tenant, to the owner of the Property, or to any other property. Upon the transfer of the majority interest in the Applicant entity, or the expiration, tennination, or other action to end the lease at the property, this Resolution shall be deemed expired and alcoholic beverages shall cease to be sold at the Property except as pennitted by the City Code. Section 4. Enforcement of Conditions. The Applicant understands and acknowledges that they must comply with these conditions and all other applicable requirements of the LDC and City Code before they may commence construction or occupancy, and that the foregoing approval in this Resolution may be revoked by the City at any time upon a determination by the City Commission, following a public hearing, that the Applicant is in non-compliance with the LDC, the City Code and/or the conditions of this Approval and have failed to cure, or to provide an acceptable plan to timely cure, the non-compliance. Section 5. 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 6. Severability. In the event any portion or section of this Resolution is determined to be invalid, illegal or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no way affect the remaining portions of this Resolution, which shall remain full force and effect. Section 7. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 7th day of March, 2023. Page 2 of 3 Res. No. 027-23-15961 ATTEST: \J~~ C ITY CLERK READ AND A PPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECU TION THEREOF CITY ATTORNEY W E ISS SEROTA H ELFMAN COLE & BI ERMAN, P.L. ST A TE OF FLORIDA ) COUNT Y OF MIAMI-DADE ) COMM ISS ION VOTE: Mayor Fernandez: Vice-Mayor Bonich: Commi ssio ner Li ebman: 5-0 Yea Yea Yea Commissioner Corey: Yea Commi ss io ner Ca ll e: Yea I, Nkenga "Nikki" Payne, CMC, FCRM, C ity C lerk of the C ity of South M iami , Florida, do he reby certify that the above and fo rego in g is a true and correct copy of Resolution No ~02i.=>1~~l.l adopted by the City Commissio n at its m eeting held on the !d:\iay of ~ ,2023. Issued: 3 \ ID lc:13 i" Payne Page 3 of3 Agenda Item No:8. City Commission Agenda Item Report Meeting Date: March 7, 2023 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: QUASI-JUDICIAL WARNING: THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE RESTRICTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A VARIANCE APPLICATION PURSUANT TO SECTION 4-2(a)(6) OF THE CODE OF ORDINANCES TO PERMIT A RESTAURANT WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 4000 SW 57 AVENUE TO SELL ALCOHOLIC BEVERAGES WITHIN 500 FEET OF RESIDENTIAL PROPERTIES. 4/5 (CITY MANAGER-PLANNING DEPT.) Suggested Action: Attachments: 4000 SW 57 Avenue Variance CM Report.docx 4626459-Resolution_Re_Variance_of_Alcoholic_Beverages_Distance_Requirements_for_4000_SW_57_avenue_-_CAv 3.docx CM Spanish Variance Application Documents.pdf MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias, City Manager DATE:March 7, 2023 SUBJECT:4000 SW 57 Avenue CalaMillor Gourmet Experience Alcoholic Beverage Distance Variance A RESOLUTIONOF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A VARIANCE APPLICATION PURSUANT TO SECTION 4-2(a)(6) OF THE CODE OF ORDINANCES TO PERMIT A RESTAURANT WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 4000 SW 57 AVENUE TO SELL ALCOHOLIC BEVERAGES WITHIN 500 FEET OF RESIDENTIAL PROPERTIES; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. BACKGROUND: The Applicant, CA Spanish Group, LLC., wouldlike to establish a specialized restaurant (CalaMillor Gourmet Experience), which is proposing to sell beer and wine at the property located at 4000 SW 57 Avenue, generally the southwest corner of the intersection of SW 40th Street (Bird Road) and 57th Avenue (Red Road) in the General Retail (GR) Zoning District. As a part of their operations, CalaMillor Gourmet Experience would like to sell Alcoholic Beverages for on-site consumption in conjunction with food sales. Additionally, the Applicant will also have a retail component that will include a Bakery as well as the sale of alcoholic beverages as part of gift baskets for consumption off the premises. Because the restaurant is located within 500 feet of residentially zoned property located within the City Limits of South Miami, they will need to obtain a Distance Variance from the City Commission. Proposed Restaurant Location Map SUBJECT PROPERTY 2 4000 SW 57 Avenue Alcoholic Beverage Variance Application March 7, 2023 Page 2 of 4 REQUEST: CalaMillor Gourmet Experience is requesting to Vary the Distance Requirements to permit a gourmet restaurant and market featuring fine foods and beverages from Spain in the north half of an existing one-story commercial building located at 4000 SW 57th Avenue, which is in the General Retail (GR) Zoning District. VARYING THE DISTANCE REQUIREMENTS: On August 18, 2020, the City Commission amended the City’s alcoholic beverage regulations via Ordinance #24-20-2378. As part the amendment, Section 4-2(a)(6) was created to provide a process for varying the minimum distance requirement when a proposed establishment was at least 500 feet from any of the following uses: Religious Facility, School, and/or Residential. While the process was created, no standards on how the application should be reviewed were provided. The only requirement was that the property owner may file an application with the Planning and Zoning Department (Department) to modify the spacing for a business that sells alcoholic beverages. The application was required to include payment of the application fee and mailing labels certified as including the addresses for all properties that are both located within the boundaries of the City and are within five hundred (500) feet of the property where the applicant's business is to be located (applicable property). Per the regulations that apply to this application, the Code of Ordinances requires that the Department draft a resolution to modify the spacing requirements if the variance concerns religious facilitiesor residential properties and the applicant's business, and the Clerk must prepare and mail a notice addressed to the owners of all properties located within five hundred (500) feet of the applicable property, advising them of the non-public hearing of the resolution. ANALYSIS: In reviewing the proposed location of the restaurant and the request to vary the distance to nearest residential property that is within the City, it is noted that the property was previously the location of a restaurant called Delicias de España. This establishment provided services similar in nature to the proposed operation. The business vacated the location due to a fire which severely damaged the building and forced its relocation. Because the Code of Ordinances previously provided a distance exception to properties along Bird Road, Red Road and U.S.-1 for the sale of non-distilled alcoholic beverages such as wine and beer, Delicias de España was not subject to any distance requirements from residential during the time they were in operation. In addition to the restaurant use, the establishment will also include a bakery as well as the sale of alcoholic beverages for consumption off the premises as part of gift baskets. Both of the additional uses are permitted by right in the GR zoning district under the “Bakery” and “Gift, Novelty, or Souvenir Shop” uses, respectively. It is important to note that Section 4-6(a) of the Code of Ordinances defines gift baskets as: Gift Basket means the sale of beer or wine packaged as part of a gift basket from florists or other retail stores for off-premises consumption. 3 4000 SW 57 Avenue Alcoholic Beverage Variance Application March 7, 2023 Page 3 of 4 Neither the “Bakery” or “Gift, Novelty, or Souvenir Shop” use carry any minimum distance requirements related to the sale of alcoholic beverages. The only use in this situation that is required to meet a minimum distance requirement is the restaurant use. The proposed restaurant is located at the intersection of Bird Road and Red Road, which are major arterials in Miami-Dade County. The residentially zoned property within the City Limits of South Miami is located approximately 210 feet to the south. This area of residentially zoned property is approximately four (4) acres and qualifies as an enclave within unincorporated Miami- Dade County. Between the residential area and the proposed restaurant is property zoned Residential Office (RO), which is the location of an office. After a review of the surrounding area, it was found that the Applicant will be near other similar retail establishments that are both inside and outside the City’s boundaries. The Red Bird Center which is directly across the street from the subject property contains restaurant uses, and a liquor store. Additionally, the CVS Pharmacy that is directly adjacent to the subject property was previously permitted bythe City to sell alcoholic beverages as well. This approval was prior to the amendment in 2020. Because of the area where the Applicant is located, the sale of alcoholic beverages would be complimentary in nature. RECOMMENDATION: Staff recommends that the City Commission approve the request of CA Spanish Group, LLC to Vary the Distance Requirements for the proposed restaurant (CalaMillor Gourmet Experience) serving beer and wine. This approval should be subject to the following terms and conditions as well as all applicable City ordinances, codes, rules, and regulations: No beer, wine or beverage containing distilled spirits (alcoholic beverage) may be sold or consumed as part of an approved restaurant use unless: a. The restaurant may not contain an alcoholic service bar; b. Food shall be served in conjunction with alcoholic beverages within or upon the premises and the alcoholic beverage is only served at approved seating; c. The sale of alcoholic beverage is less than one-half (½) the total monthly sales; d. Alcoholic beverages are not removed from the premises; e. A permanent, opaque buffer is provided between the premises and any and all adjoining properties which are zoned residential; and f. Alcoholic beverages shall only be served between the hours of 11:30 a.m. and midnight. g. The restaurant shall provide the city with the restaurant's records of its sales of food, non- alcoholic beverages and alcoholic beverages upon demand of the city manager, or manager's designee, or of a city code enforcement employee. ATTACHMENTS: Letter of Intent, dated February 17, 2023; Application, Dated February 16, 2023; Legal Description; Radial Distance Survey; Site Plan; Floor Plan; 4 4000 SW 57 Avenue Alcoholic Beverage Variance Application March 7, 2023 Page 4 of 4 Property Owner Letter Mailing Label Affidavit w/ Location Map, dated February 15, 2023; City Notice of Public Hearing Legal Ad 5 9 GreenspoonMarder February 17, 2023 City of South Miami Planning & Zoning Department City Hall 6130 Sunset Drive Miami, Florida 33143 Louis J. Terminello, Esq., Chair ~ Hospitality, Alcohol & Leisure Industry Group Managing Partner, Miami-Brickell Office Brickell World Plaza ~ 36th Floor 600 Brickell Avenue Miami, Florida 33131 Phone: 305.789.2770 Fax: 305.537.3947 Email: LJT@gmlaw.com Re: Variance Request for the property located at 4000 and 4004 and 4006 and 4008 and 4016 SW 57 th Avenue, Miami FL 33155 (Folio Number 09-4024-006-0050). Dear Director of Plairning and Zoning: The undersigned represents CM Spanish Group , LLC d/b/a Calamillor Gourmet Experience ("Calamillor"), which desires to open a gourmet restaurant and market featuring the fine food and beverage products from Spain in the City of South Miami located specifically at 4000, 4006, 4008, 4016 SW 57 th Avenue , Miami , Florida 33155 . As part of the gourmet experience and to enhance the culinary experience of its guests , Calamillor desires to sell wine and beer for both on-premise consumption to accompany meals as well as in its market for off premise consumption ("carry-out") by its customers . As such, Calamillor is required to hold a 2COP alcohol beverage license issued by the State of Florida in order to sell the aforementioned products in the m anner described. As you may be aware , City of South Miami code Section 4-2(a)(l-3) requires that there be a minimum distance separation of 500 feet between churches, schools and residential properties and the proposed licensed premise . There are no churches, and schools within 500 feet from the proposed licensed premi"ses , however there are residential properties within a 500-ft. radius of Calamillor. Please see copy of enclosed radial distance survey. As such, a varian ce _f,-0111 the 5 00-ft. distance separation is requested as required for Ca/am ill or to operate at its desi r ed location and to sell beer and wine for on and off premise sales and consumption to its customers. Calamillor submits that the following criteria exists so as to allow for the grant of the necessary variance from the distance separation requirements : 1. Special Conditions and Circumstances: Calamillor will be operating within a retail shopping center within the zoning district. The venue will be wholly a retail use and Main Offices: Boca Raton Denver Edison Ft. Lauderdale Las Vegas Los Angeles Miami Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach Satellite Offices: Albuquerque Atlanta Chic ago Hunt Valley Miami Beach Nashville Washington, D.C. 10 operate as fully licensed restaurant and market. The retail nature of the shopping center is a special condition for the success of Calamillor and the sale of beer and wine is an absolute condition for its success. The depravation of the same will cause hardship to the applicant. 2. Not Self-Created: The special conditions as noted above are not created by Calamillor but rather by the nature of the zoning district and the revised code of the City of South Miami, which requires a variance from minimum distance requirements. Calimallor's operations have been found to be compatible and consistent with nearby and similar commercial uses including restaurants and markets. 3. Special Privilege Conferred. The granting of the variance will not confer any special privilege to Calamillor. Calamillor is requesting the variance so it may enjoy the commercial nature of parts of the City of South Miami and the zoning district, as enjoyed by other restaurants and markets operating within the confines of the city. 4. Deprivation of Rights. To deny the variance from the distance separation requirement would be a hardship and deprive Calamillor of the partial commercial nature of the zoning district and the sale of beer and wine which is essential for the success of the restaurant and market. 5. Minimum Possible Variance. A distance survey is enclosed showing the residential properties with a 500-ft radius . Calamillor is requesting the minimal possible variance that can be requested under the circumstances, in order to service the community. 6. Purpose and Intent. The Calamillor operation and the sale of beer and wine is in harmony with the purpose of the shopping center and other restaurants and markets within the commercial areas of the City of South Miami. Further, the restaurant and market will not be injurious to the neighborhood and in fact will add an interesting and unique Spanish gourmet restaurant and market experience to the area. Based on the above, Calamillor requests a variance from the 500 feet distance separation requirement in accordance with Section 4-2(a)(l-3) of the Code of the City of South Miami. Please let me know if you need additional information or have any questions. LJT/mr Enclosure (as stated) Very truly yours, GREENSPOON MARDER LLP L- Louis J. Terminello 11 City of South Miami J>lan11111K & Zonin,; I Jepurlmenl City llall, 6130 Sun~ct Drive, South Miami. Florida 3.H4J Telephone: (305) 663-6326; Fax : (305) 668 -73 56 Applimtio11.fcJr l'11bli<: Hearing bejure l'lurming /Juurd & City Commissiun Address of Subtct Profiertl lot(s) 1-'=--!j Block __ Subdivis ion 4000; 4004; 400 ; 4008; 01 SW 57th Ave . Miami, FL 33 155 PB JA ·.J:1..9-vtH c:c. J,._J._ Meets & Bounds: S.a...._ Applicant: CM Spanish Group, LLC Phone: 7 t', _ 9 €'-? I (, -f;''\5 -~ Representative: Organiza tion : Greenspoon Marder, LLC c/o Joshua Remedios, Esq./Brad Berkman, Esq. Greenspoon Marder, LLP Address: Pho ne: (305)789-2770 600 Brickell Avenuo, 36th Floor, Miami FL 33131 " I\ Profterty Owner: Signature: ~ . 'f,h u I)"'-.1l.. ~ Ma hew-Jacobs In ves tm en ts , LLC . . c.. Mailing Address: 5~ f. l,£. l"f ~ JI lJ/ I,.,.:__ Phone : 'T11>oe~u/ IJ? lt ~21 .R -/l tl""r (fao) '1-<l£J-<3 JJ Architect/Engineer: Phone: R~uC-f:. A., Al2:fHUP .. /J,-7.5') lfn/-fY a <· AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase OpUon to purchase X Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: -Text Amendment lo LOG .]SVeriance Letter of Intent - -Zoning Map Amendment __ Special Use -Justmcations for change _ PUD Approval _Special Exception _ Statement of hardship _ PUD Major Change _ Other (Waiver of Piel) _ Proof of ownersh ip or letter from owner __ Power of attorney Briefly explain application end cite specific Code sections: Contract lo pu rchase _ Current survey (1 original sealed end The subject property Is within 500 feet from residential premises.Code section 4-2(a s lgned/1 reduced copy @ 11" x 1 7') _ 15 copies of Sile Pl an ond F!cor Plans requires a variance approval for the sale of alcoholic beverages at the property. 24 • 36·. 1 roducod c o py@ 11• x 17" _ A ffidavit-Rece ipts alle sling 10 mall notices se nt Section: 4-2 Subsection:~ Page#: --Amended Dale: 11122/2022 _ rva lllng labols (3 S~IS ) o ·.d map _ Requ ired Fe0(s) ··---~---- The und.:r,ig11ed ha, re.id thi, completed upplication amt rcprc,cnh th.it the infonnatiu n ,111<1 .i ll ,11b111i1tcd n1.1tcri.d :!I': tr;,,. :,r.,\ correct tu the bc,1 of the applic;int', knowledge and bdict: A Upon r,'l:cipt, apJ)lications ,mt! all ,ub111it1cd 111atcriah will be re\'ie11,-J for compliance with lhc Lind Dc1clop111cnt Cude ;ind uli , •. Jpplicablc regulations. Applil·ations found nol in eomplinncc will be rcj,'l:ted am.I returned 10 the apphc.1111. OFFICE USE ONLY: Date Filed ____ _ Dale of PB Hearing _____ Date of Commission ____ _ Petition Required __ _ Petition Accepted _____ _ Method of Pa men! l :\fonm\Currcnt l'lann i ni; l>cpar1mcnt Form~ l'lnnnins l>cpnrt111c111 Fonn~ Planning Bonrd\Pll • Variance Procedures . Re\'i~,-J 4 .. rn. 2013 due 12FULL LEGAL DESCRIPTION WESTERFIELD MANOR SEC 1 & 2 PB 18-47 LOTS 11 THAU 14 INC LESS E10FT & N20FT FOR R/W BLK 2 & 1 SFT ALLEY L YG W & ADJ CLOSED PER ORD-33 92· 1527 & ORD 31-13-2178 13 Radial Distance Survey 142 3 4 5 " 24 " 22 21 6 7 BREEZESWE T MANOR P\ATBOOK! -P~ 8 9 -r '-r \. / '-J $ ' ,;:?<:v"'>' ,i q_-$? ,,~, ""#~ _i ~ r,.. '!:!) C I,,(':: J ALGARDI AVENUE~{ ,~ ~ -"'-~:i'(j ~ q_ .,, t"' ~:z~ ~,if ~:-, 6 \!.. y I . , CANTORIA AVENUE / \ ' • \ \ I I . I I I . I I I I I I , I l 500-FOOT RADIUS SURVEY ~o SCALE. I"• 60' PREPARED FOR: CM SPANISH GROUP, LLC CITY OF SOUTH MIAMI SURVEYOR'S REPORT ANO GENERAL NOTES 1 WITHIN A ~OOT RADIUS DISTANCE FROM THE SUBJECT PROPERTY OUTER PROPERTY LINE, All PARCELS LOCATED WITHIN THE LIMrTS OF CITY OF SOUTH MIAMI ARE OF RESIDENTIAL USE WITH THE EXCEPTION OF THOSE PARCELS HEREIN IDENTtFIED AS@@© AND@) SUB.IECT PROPERTY FOUO NO. ~4-006-0050 PROPERTY ADDRESS: 4000 SN 5TTM AVENUE, SOUTH MIAMI, FLORIDA :S:,155 OWNER: MATTHEWS· JACOBS INVESTMENTS, L.C. LEGAL DESCRIPTION: LOTS 11, 12, 13, ANO 14, BLOCK 2, WESTBlRELD MANOR SECTIONS ONE AND TWO, A SUBDMSION ACCORDING TO THE Pl.AT THEREOF, AS RECORDED IN PLAT BOOK 18, PAGE 47 OF THE PUBUC RECORDS OF MlAMI-DA0E COUNTY, FLOfUDA. @cvs PHARMACY FOLION0.09-4024-006-0030 PROPERlY ADDRESS: 5741 BW> ROAD, SOUTl1 MIAMI, FLORIDA 33155 79TH STREET CORPORATION @ MULTIPLE BUSINESSES FOUO NO. 09-4024-008-0020 PROPERTY ADDRESS: 5714 BIRD ROAD, SOUTH MtAMJ, FLOfUDA 33155 RED BIRD ENTERPRISES, UC. @ RESIDENTIAL OFFICE PROPERTY ADORESS:4100 RED ROAD, S0Un1 MWria, FLORIDA 33155 W0JTYt.A INVESTMENTS, U.C. @RESIDENTIAL OFFICE PROPERTY ADDRESS: 5710 SW 41• STREET, SOUTH MIAMI. FLORIDA33155 5710 SW 41 ST, LLC 2 Tl-US IS NOT A BOUNONn' SURVEY. lHS ISA SPECFIC PURPOSE RA0CUS SURVEY FORA USE VARIANCE. THE SCALE.AS SHOWN IS THE INTENDED PlOTIING SCALE OF THIS MAP. THIS SURVEY IS EXCLUSIVELY FOR THE use OF THE PARTIES TO WHOM rT IS CERTIFIED. THIS RADIUS MAP ANO THE COPIES THEREOF, ARE NOT VALID WITHOUT THE SIGNATURE AND RASSED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 6 ADDmONS OR DELETIONS TO THESE MAPS OR REPORTS BY OTHER THAN THE SIGNlNG PARTY OR PARTIES IS PROHIBITED WTTHOUT WRJTTEN CONSENT OF THE SIGNING PARTY OR PARTIES, 7 THE INFORMATION AS SHOWN ON THSS MAP HAS BEEN RESEARCHED IN THE PUBLIC RECOROS, MW.Q.OAOE COUNTY PROPERn' APPRAISER ANO CITY OF SOUTH MIAMI JURISOtCTION MAP PUBLISHED AT THE Tit.E OF TH1S SURVEY, I HEREBY CERTIFY TO CITY OF SOUTH MIAMI AND TO Ct.I SPANISH GROUP. LLC, THAT THIS RADIUS SURVEY OF THE HEREON DESCRJBED PROPERTY IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE UNDER MY DIRECTION AND SAID SURVEY CONFORMS TO THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORJDA BOARD OF PftOFESSIONAL SURVEYORS AND MAPPERS IN APPUCAIII.E PROVISIONS CHAPTER 5.J-17 R.ORlDA ADMIMSTRATIVE CODE PURSUANT TO SECTION 472.027 flORtOA STATUTES AND IS AC~TE AND CORRECT TO THE REST OF MY KNOWLEDGE AND BELIEF, Dlgllll,-..... 11,0dolplC-DN.c-US, ..... _ .... ._ ~ =;,,.,_,_ y----·-~l,~C Oale:102UJ.1'1UJAJ-tiW ~o-&ZNAGA PROFESSIONAL SURVEYOR AND MAPPER LSl169 STATE OF FLORIDA 15 Site Plan 16D = = = = =:> • = = = = ~i ~'----,'11----------1+--NOTPART I ' ---1 .. ·-1 -~---(JCISTN:SUMCCQfl'IIC-) • SOUTHWEST 51TH AVENUE ~ 'lL:::JrLJ LJ I RESTAURANT ~---AREA OF INTERJOR BUILD.Ql/T ---➔ 7,149S.F. ' T I I I I I I I ~ C0NCIICl'E fl.I.ED acJI.I.MOPU~DlTM. THISSHEE.T I GENERAL SITE NOTES: AU.".-..0-..,,.-~ROIONl:-AU.-.t,~-lk-~IWD l>llt.UOMIN,lANl.,._,_l,_. IUNI-) NU _ _,_.t.1"#11U. 1-1'1:IMI IU#ffllffl: i.cLA/klUll:MI, ~11,W.J.~IECTIIUITEWS~ ~llaA:/NMl'l,tauU_all,IJ.._ANi..~ _,_u,,_ I -•u~IMUl:IION.CQ,lhlllC'TOIIUWJ.. .............,_WIIHAl~l .... ~11:"'-""" NM,;,11,1-•l--...-,l-ut►II.I:& l'UNIAM.t. IUU.I ►Al,;.l,IIYL~III.M(•i,IE/1,,,IHUI ,-Mlutl_l't_lJ I AU.toUOl.lw-.-./l#lli.ACCl'uaJl:6~\IIEM>~l ~•w.Alt.NI-VJ" itE~~-£~Dtwm. LANDLORD REQ'S: -·-t-------------i ~-~,. 4" ROUNtl CONC. FILUD STEEL PIP( -PAIIIT ~ --·<-< 12·• COl'C -·""' PIPE BOLLARD 2 DETAIL =,,. .. , .... --____ ......, __ _....,.,..,.i-.. ,. __ ......,...,_.,_ _..,,,,,,,..._.. --"-'"--____ ,...._ SP100 17 Floor Plan 18-.,',. -·---~ . ·-·-,_____.8---~ I KEY LEGEND: 0 ~:::..~e:=:=:...~ve:::.,•u. -i =-~~..:.=-·--•»~ .. -,_ I UIIITNQ--.c'!MffOS'TOIIUIICIIIIIJ'l'Sl~NOTIOR --,. !XISTNQDk,IIOOll.._atnn'TON'liMN,NOTT081!~0 Tl HISTNO,CI.JINO -DOOR l'rST(M.,NOTTO • ~1UIIIIEO 1c HISTIIIOM(NGOl'IOIIEUNOTTO•~ It UIITNO...,._WJl'IIICl:OCICMIIIOfTO•OOT\NIEO le UIITNOD00ATOIIIOIARCl.Olr:O-l.00«0 2 EXISTl<olOSlllEWALXNOTTOIEIJIITI.fa'D OU1DOOlll•ATINO ~u:::.:~~•~:..~111t:.1W.1:UftlltlllllklWCAll:-.-IIIOfl, i FJIIITNQ~#IEANDTTOIEOll'T\#l8EDINJl"lllkll'I"_,. :=-::.1::::;!!.~~1:~.:i ... -~l#lll'&lv ---1'N'ICl,--MDTTOa...-O ~00.-1-RAINQ-l"Aanr+'o.ftAY ,LOOIQTOa: :::·,"!=-.:=.::.~~==-==-~:---, NllflEDOUTWffllt"ST-9e1ro.~IWn'WAI.Ln10Mf\001tTO IIUIIUMl,,ll-ut-'""--""·V►UL-.:,,;INM,IUl,l"""-l,OIYW'M.J. -.LR IN'l:U,-11-.,l'Nl:-Nl,All'l'► .... ♦-•M =fl:~=:==~:::=l:1<1:H..1:1.ll:il~l'IAN 0-qu,y-• .. uctl'1_0J_r~,.,. 0 aottlfflQ,l[Nt,'""""'~WEMl:VNOT!._.,_,.,_ASTOaF ~..;!'l,.,~-:_.,~!:,°!::.,~•r-0 ='~~=:~~:;-;:~SY -...11:UU-\lt:~t-1.UoUN !Ullt: l~l"l,MIIIJtl►-..:l'IEIIULF =-=U:~~':.w~"~=f1UN.-.1UeYNUll:l1 .... UW.lti !NOODl'l'Sftlll.,,OTMOa,•f.lCrTCl«NE~ . ..n. =---='===::.=~~KE ,..._Wff1110911-,n10f11,wJt.zoaA.. .,,__.,,_..,.,,roc.wt mnwM.LE'l.&CIIEIUIED.IIOCX....-.t QIIIEEJIDft'fWALJ.IIEMMMO ,_.,.Kll,;tt1,Jllt-l~Ul>IJW.l.)►IIUMH.UU4 IU ........ W-..vl: -Nl:HJ:\.ll:Lli;.l,ILINl,UU11i1►1.,1tU:lU.Nl,IUHU11M I .. TVAl(Y 111:E ~ =-=~!aeu::·.~~~":'~-t ~--t -· "'7' ~IOUIH-•• ........ --#IICWIOl"'""'---.U.•1....U ...0... .-CASQ,TNOfl:'1r tJICU'IWIIIIWrl'T~IT\IDa,MXIC"Mn "v' =~"==~"':':.'::.:-:;:,i:~ !-Alllol:YNOll:.010" l,KCE#f-,nlOl'IICM-10~ ~N "M,JtliNUINUUM,a:t~l.:/1:Ui,;t.ll,.l,IUI\.AIII -MA1:'l'NUlt•11r ~rwr1IUU.&i"-NIM'l'Wlll.LON """"'-',tUU./1,1 ... _~ ....... WHIQHl'TOIIWol..L.l"loltTITIClfllllWJf",JOOA.llLll\lOSG1ro.c :fur~ar::.::!".~~=D~ WALL LEGEND ;:"'.;: :;_ :...._ ":; ,£:::3-~NOVl1UIIOIIICIIUWAU.a c::::3--llilt'#JLO()IC,!OflOOl-~Wl'-l"MrflQIQ -c::::3-__,_ .. ,_ .. Nllll.,,. ~ JRW.-TIIIII.Ht:IOtfl .. NUlllOl'IIWl1MOIUl.lNO,..,, -ammat,rcwCOCIIDIIFlttEZE"~ GENERAL NOTES: W.N.aSOtEOULtOTGla:Q:M:Cl:IWIIICfU:ltW.LN:ctMI° ===:.::i':==1111.WG-llotttrMWI l MITIIIOOM~&ROIMIIWJ.MA'clll!ll9IIIOO'Ttl.MilM. ___ , _____ ,i .. .t;,, , ==~~-=~~"'=~ tun..-l'oU.IUlc:Hfft~IIWJ.IIIEcf"GMtN~ • DOCl'llntflEIIMCIU>SIIWJ.•j"W.X.IISPH'9CUD.11&F8CII :':i;;I.OOOIIIFLDORI.Fo'D.OWtOl!ltW.L•fMAX.lllflUI.IIC I POlf'8C1'0IIJ1..tNSTIU.C"MIOMao.Dl"MN'l'UIMDl.£TTIM ~=-=~~~!~ I: IITloJl,.N..~l.-:-1 .. Nl--t!Mt--!' , :..=--~~==-~~u::::-l.__..i... ....... --------'----------------"""-----------------=:::....-----'-----------1 ~~t:=.=~~~=:~!:...-'" Q) 0KEYED FL~~~-311PrLAN• •·-• ?::!E~=::~~~ -..:.; .., Sr0:Nff_,_9Qtf.DI.Ll!ll«ETIIMO,Olll.-..$1llANO AU&lll~-lll,IN t ICl!-ElLIIOD•OIIIL.f.loU'ETY"'-M GENERAL RESPONSIBILITY: JODDRJWICI: ~Nl-ll:PltOVOOWtl-.:-,"p,1J.C,I .....,.,MA1.11,1M--.-.WU:AU.Kl:~M,..-:,u_~ ~~i.:~l~~~&~Nt r OWM:1111WJ....ova:•11ttl'TNGNJt..-11\11'1: J _,,_,...~P.O.S.IYl'TD4.MISIC,.,.OJIIITT-& ltU:--•Tt1l_.,_,.._.,_"-"-~_-..,Alltl.A-\.!-. ~~:i~~-::""IW,_..U. -IIWJ.~.UC1W0Mllpt.LCI I G.C.-1.Nl::Q:M:-N'll~lMOITt .. DtLM-Nl'GlO INe-l,IIR'lltt.M:M'l'lll,~t11NJL11Mt:1-IINIUU!,1M W-~.....-.-.-W.~ll-N~-~Q.C ... »ltMttULIIOutl.M-tllllMAlll:~UMIA\AlkMlo,._ -4 ~-~i1=~~:;u.....:.:slHl:T1:-TIN tti:Hall-Nl..U11fGIH.DORKM& -A100 19 Property Owner Letter 20 City of South Miami Planning & Zoning Department City Hall 6130 Sunset Drive Miami , Florida 33143 February /~, 2023 Re: Application for Variance Request for the property located at 4000 and 4004 and 4006 and 4008 and 4016 SW 57 th Avenue, Miami FL 33155 (Folio Number 09-4024- 006-0050). To Whom It May Concern: Please allow this correspondence to serve as confirmation that the undersigned , Matthews-Jacobs Investments, LLC is the property owner located at 4000 and 4004 and 4006 and 4008 and 4016 SW 57th Avenue, Miami FL 33155 (Folio Number 09-4024-006-0050). STATE OF (\-z_ COUNTY OF~\ yY)~ ) ) ss ) Title: fll o P,rt ry fVJ ti/II 4 taA /Yt~ r1 IJ£lCJ S'• Jl1c t>IJS f; ~II~ 1 ~l'f ,NT S/-, C:., The foregoing instrument was sworn to, subscribed to and ackno\: (edged befo!)>'Tlle this 12_ day of feJ? , 204-by , \ · , ){.t(~ k\A\Il'l@who appeared by means of Gt physical presence or □ on line notarization , at the time of notarization , and who is~ per onally known to me or who has produced t\nlDOO OH1-llli \\C.<..YlSf aside titication. Fa \ 1.0Y\.0 at Large 21 Mailing Labels and Affidavit 22 rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com I 305.498.1614 February 15, 2023 City of South Miami Planning & Zoning 6130 Sunset Drive South Miami, FL 33143 Re: Property owners within 500 feet of: SUBJECT: 4000 SW 57 Avenue, South Miami, FL. 33155 FOLIO NUMBER: 09-4024-006-0050 ABBREV. LEGAL DESCRIPTION: WESTERFIELD MANOR SEC 1 & 2 PB 18-47 LOTS 11 THRU 14 INC LESS E10FT & N20FT FOR R/W BLK 2 & 15FT ALLEY LYG W & ADJ CLOSED PER ORD-33 92-1527 & ORD 31-13-2178 OR18675-1827&48/19076-3380 0300 5 This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 500 feet radius of the external boundaries of the subject property listed above, including the subject property. This reflects the most current records on file in the Miami-Dade County Property Appraisers' Office. Sincerely, Diana B. Rio Total number of property owners without repetition: 91 (11 properties are abutting/across the street from the subject property; however, 1 of those is duplicated; therefore, it was removed for mailing purposes. Their notice shall be mailed via Certified Mail). Rio Development Resources, LLC ("RDR'J has used its best efforts in collecting the information published in this report and the findings contained in the report are based solely and exclusively on information provided by you and information gathered from public records and that local government. By acceptance of this report, you agree to hold RDR harmless and indemnify RDR from any and all losses, damages, liabilities and expenses which can be claimed against RDR caused by or related to this report. 23 rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com I 305.498.1614 500' RADIUS MAP (N.T.S) SUBJECT: 4000 SW 57 Avenue, South Miami, FL. 33155 FOLIO NUMBER: 09-4024-006-0050 ALGARDIAVE ABBREV. LEGAL DESCRIPTION: WESTERFIELD MANOR SEC 1 & 2 PB 18-47 LOTS 11 THRU 14 INC LESS E10FT & N20FT FOR R/W BLK 2 & 15FT ALLEY LYG W & ADJ CLOSED PER ORD-33 92-1527 & ORD 31-13-2178 OR18675-1827&48/19076-3380 0300 5 Abutting or contiguous property owners, including those across the street CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday, March 7, 2023, at 7:00 p.m. to consider the following public hearing item(s): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A VARIANCE APPLICATION PURSUANT TO SECTION 4-2(a)(6) OF THE CODE OF ORDINANCES TO PERMIT A RESTAURANT WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 4000 SW 57 AVENUE TO SELL ALCOHOLIC BEVERAGES WITHIN 500 FEET OF RESIDENTIAL PROPERTIES; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. The hearing will be held at City Hall Commission Chambers, 6130 Sunset Drive, South Miami, Florida 33143. Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338), by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. All interested parties are invited to attend and will be heard. For further information, please contact the City Cle rk’s Office at: 305-663-6340. SUBJECT PROPERTY 24 Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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 before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 25 26 MIAMI-DADE STATE OF FLO RID A COU NTY OF MIAM I-DADE : Before the unders ig ned authority personally appeared ROSANA SALGADO . who on oath says lhal he or she is the LEGAL CLER K. Legal Notices of lhe Miami Daily Business Review 1/k/a Miami Rev iew . of Miami-Dade County . Florida ; that the attached copy ol ad'lertisement. being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEARING· MAR . 7. 2023 in the XXXX Co urt . was published in a newspaper by print in the issues of Miam i Daily Business Review I/ii/a Miami Review on 02/24/2023 Affiant further says that the newspaper compl ies with all legal requ irements for publication in chapter 50 . Florida Statutes. "EAL) ROSANA SALGADO personallv >nn"'n •- .............. BARBARA 1'1,0MAS •',I.• ... \'!·.c• H 1s·,,,2 /-t;·i· ·t~ Comm~slon 11 H •• 1:: . .:~, e,.pir~ Ho~Tiber 2, 2025 ···$,f.~.f~~:~/ Booood ThN TIO'/ fan lnW131101l &00-l8~70lg I CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesda March 7 2023 t 7:00 .m. to consider the following public hearing item(s): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A VARIANCE APPLICATION PURSUANT TO SECTION 4-2(a)(6) OF THE CODE OF ORDINANCES TO PERMIT A RESTAURANT WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 4000 SW 57 AVENUE TO SELL ALCOHOLIC BEVERAGES WITHIN 500 FEET OF RESIDENTIAL PROPERTIES; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE 1:AND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITAL/VETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 27 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 24-22-2445 WHICH ADOPTED THE FISCAL YEAR 2022-2023 BUDGET BY (1) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE PARKS AND RECREATION FACILITIES IMPACT FEE FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 117-2000-572-6440 CAPITAL IMPROVEMENT, AND \2) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE STORMWATER DRAIN TAU.ST FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 111 -1730-541-6490 CONSTRUCTION PROJECTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTIONS 20-8.2 DEFINITIONS, 20-8.3 CREATION OF TODD SUBCATEGORIES, 20-8.6 "SPECIAL PROVISIONS," 20-8.8 "PARKING," 20-8.9 "LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION," 20-8.10 "BONUS ALLOCATIONS," 20..8.14 "STREET STANDARDS,• 20-8.16 "UNITY OF TITLE REQUIRED," AND 20-8.17 "REGULATING PLAN -GRAPHIC" OF THE LAND DEVELOPMENT CODE, AND CREATING A NEW SECTION 20-8.9.1 "ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD MU-M 'DISTRIGr' OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -MARKEl} (TODD-MUM); PROVIDING FOR CORR ECTIONS; CODIFICATION; SEVERABILITY; CONFL ICTS; AND AN EFFECTIVE DATE •. The hearing will be held at Ql:!Y. Hall Commission Chambers, 6130 Sunset Drive, South iami Aorida 33143 . Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at htt s:J zoo .us/'/3056636338 , by phone by calling + 1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform , and where they can participate. All interested parties are invited to attend and will be heard. For further infonnation, please contact the City Clerk's Office at: 305-663-6340. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the publl.c that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence-upon which the appeal is to be based. This notice does no constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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 before the meeting (not counting the day-of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. 2/24 Nkenga A. Payne, CMC, FCRM City Glerk 23-85/00006485TTM 8SE ...................................................................................................NEIGHBORSSUNDAYFEBRUARY 26 2023 28 .-II Public Hearing MIAMI-DADECOUNTY COMMUNITY ZONING APPEALS BOARD 10 Will hold a public hearing on the following zoning applications on March 21, 2023, at 6:30p.m. at Westchester Regional Library, 9445 Coral Way, Miami, FL THIS IS AN IN-PERSON MEETING APPLICANT: CN 86 Flagler, LLC. 22022000061 The application is to permit a rezoning of the northern parcel (parcel A) from EU-M (residential use) to RU-SA (semi-professional office use) in order to develop the parcel with an office building. Additionally, the application seeks approval of ancillary non- use variances to permit the proposed building to be located closer to the front and interior side property lines, to permit more lot coverage then permitted by code a reduction of the required parking spaces, to permit less open space than required and to waive the required wall along the interior side and rear property lines. 1. District Boundary Change from EU-M (Estate Modified District) to RU-SA (Semi- Professional Office District). 2 . NON-USE VARIANCE to permit the proposed office building to setback a minimum of 23'-3" (25'-0" required) from the front (north) property line and to setback 9'-0" (15'-0" required) from the interior side (east and west) property lines. 3 . NON-USE VARIANCE to permit a lot coverage of 59% (40% maximum permitted). 4 . NON-USE VARIANCE to permit for 22% of open space ( 25% open space required). 5 . NON-USE VARIANCE of zoning regulations requiring a decorative wall at least five (5) feet in height along the rear and interior side property lines; to waive same . 6 . NON-USE VARIANCE of zoning regulations requiring a landscape buffer between dissimilar land uses along the rear property line; to waive same . 7 . NON-USE VARIANCE to permit a build height of 32' (24' maximum). 8 . NON-USE VARIANCE to permit 59 parking spaces (69 parking spaces required). Plans are on file and may be examined in the Department of Regulatory and Economic Resources, entitled "One Health Medical-Flagler Center'' as prepared by "Archcube Architectural Design dated and stamped 11/14/2022 consisting of Nine (9) sheets. Plans may be modified at public hearing . LOCATION: 8616 W Flagler Street, Miami-Dade County, FL SIZE OF PROPERTY: 1.54 Acres APPLICANT: JOSE M. REQUEJO 22022000095 The application is to allow two separate buildings to be used as a single-family residence and to the allow the building at the rear of the property to locate closer to the rear and interior side property lines than required by Code. (1) UNUSUAL USE to permit an existing/proposed complex of buildings to be used as a single-family residence . (2) NON-USE VARIANCE to permit the single-family residence setback 5'-7" (15'-0" required for 50% of the lineal footage of the entire width of the house and 25'-0" required for the balance) from the rear (east) property line Plans are on file and may be examined in the Department of Regulatory and Economic Resources, entitled "SiteplanV3", as prepared by J.M Requejo Architect, Dated Stamped received 12/16/2022 consisting of one (1) sheet, "FloorplanV2", as prepared by J .M Requejo Architect, Dated Stamped received 9/29/2022 consisting of one (1) sheet and "Building Elevations V2, as prepared by J.M Requejo Architect, Dated Stamped received 9/29/2022 consisting of one (1) sheet for a total of three (3) sheets . Plans may be modified at public hearing . LOCATION: 2901 SW 102Avenue, Miami-Dade County, FL SIZE OF PROPERTY: 0.389 Acre This is an in-person meeting. Interested parties may appear in person to participate. For inquiries regarding virtual access, please call (786) 414- 2600, e-mail ZONINGmeetings@miamidade.gov, or visit our website at: https://www.miamidade.gov/zoning/community-council-1 O.asp For legal ads online, go to http://legalads.miamidade.gov CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday_, March 7, 2023, at 7:00 p.m. to consider the following public hearing item(s): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A VARIANCE APPLICATION PURSUANT TO SECTION 4-2(a)(6) OF THE CODE OF ORDINANCES TO PERMIT A RESTAURANT WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 4000 SW 57 AVENUE TO SELL ALCOHOLIC BEVERAGES WITHIN 500 FEET OF RESIDENTIAL PROPERTIES; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITAL/ VETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 24-22-2445 WHICH ADOPTED THE FISCAL YEAR 2022-2023 BUDGET BY (1) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE PARKS AND RECREATION FACILITIES IMPACT FEE FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 117-2000-572-6440 CAPITAL IMPROVEMENT, AND (2) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE STORMWATER DRAIN TRUST FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 111-1730-541-6490 CONSTRUCTION PROJECTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTIONS 20-8.2 DEFINITIONS, 20-8.3 CREATION OF TODD SUBCATEGORIES, 20-8.6 "SPECIAL PROVISIONS;' 20-8.8 "PARKING;' 20-8.9 "LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION;' 20-8.10 "BONUS ALLOCATIONS;' 20-8.14 "STREET STANDARDS;' 20-8.16 "UNITY OF TITLE REQUIRED;' AND 20-8.17 "REGULATING PLAN -GRAPHIC" OF THE LAND DEVELOPMENT CODE, AND CREATING A NEW SECTION 20-8.9.1 "ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD MU-M DISTRICT" OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -MARKET) (TODD-MUM); PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. The hearing will be held at City Hall Commission Chambers, 6130 Sunset Prive, South Miami, Florida 33143. Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338), by phone by calling +l-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. All interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340 . Pursuant to Section 286.0105, Fla . Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based . This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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 before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone : 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk