11-17-09 Item 16South Miami
All- America City
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the Ci Commission
Via: Roger M. Carlton, Acting City Manager_ , f A"�_ _,_
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: November 17, 2009 ITEM /6
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL
TO LOCATE A GENERAL RESTAURANT AT 6001 SW 70t' STREET (VALENCIA
BUILDING) WITHIN THE "TODD -MUS" TRANSIT ORIENTED DEVELOPMENT
DISTRICT -MIXED USE 5 ZONING USE DISTRICT; AND PROVIDING AN
EFFECTIVE DATE.
APPLICANT'S REQUEST
Pursuant to Section 20- 3.4(13)(4)(b) of the Land Development Code (LDC) the applicants, Anthony and
Christine Hevia, are requesting Special Use Approval to operate a new general restaurant (cafe) at the
above referenced location. The location of the restaurant is on the ground floor of the Valencia, a multi-
family condominium residential building. The restaurant will actually face SW 59th Place. The proposed
restaurant is located in the "TODD- MU -5 ", Transit Oriented Development District — Mixed Use 5
Zoning District which allows restaurants if approved through the special use process. The LDC provides
that special uses must be approved by the City Commission after a public hearing and receipt of a
recommendation from the Planning Board.
STAFF ANALYSIS
(1) In 2001 the City Commission approved a Comprehensive Plan land use category amendment and a
zoning change to permit construction of the Valencia Apartment Building a six story multi - family
residential development containing 294 dwelling units and 6,812 square feet of commercial space. City
commission. Ordinance No. 24 -01 -1755 approving the zone change (MO to TODD -MU -S) was adopted
on October 2, 2001. That ordinance stated that the zone change was subject to a number of conditions,
one of which read:
"The proposed development shall be as shown on the Site Plan submitted to the City on
September 28, 2001, as may be modified by revisions required by conditions set forth in this
section; "
During the review and approval process in 2001 it was mentioned on several occasions that the
commercial uses will be neighborhood oriented with local area residents encouraged to establish
businesses in the spaces available. This led to the designation of the space (storefronts) as retail on the
2
final site plan. The adopted Site Plan indicated that all of the commercial space on the first floor of the
building facing SW 59t Place was to be "Retail "(see attached copy).
(2) The restaurant will occupy Unit 102 at the ground floor. The unit is 800 square feet and the required
parking spaces for the restaurant will be 8 spaces (1 space per 100 sq. ft.). The required parking as set
aside in 2001 for the commercial uses in the building is 26 spaces. The three existing businesses have a
parking requirement of 12 spaces. There is sufficient dedicated parking remaining to accommodate the
proposed cafe /restaurant. It is important to note that the future commercial uses in the ground floor may
be impacted because the amount of dedicated parking spaces remaining is now very limited (6 spaces).
(3) The placement of the proposed restaurant /caf6 in the retail space of the Valencia Building is
compatible with the original 2001 objective which mandates retail that serves the community and
surrounding neighborhood.
PLANNING BOARD ACTION:
The Planning Board at its October 27, 2009 meeting adopted a motion by a vote of 5 ayes 0 nays
recommending approval of the special use restaurant request with a condition.
RECOMMENDATION
The requested special use approval for the restaurant /caf6 at this location complies with the LDC
requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in
Section 20 -5.8. Approval of the application with the following condition as set forth by the Planning
Board is recommended:
(1) If the proposed 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.
Backup Documentation:
Draft Resolution
Application
Location Map
Letter of Intent
Restaurant Site /Floor Plans
Site plan - l st Floor (2001)
Planning Department staff report (10- 27 -09)
Planning Board Minutes Excerpt (10- 27 -09)
Public Notices
TJV /SAY
XAComm ltems\2009\1 1-1 7-09\Special use Rest 6001 SW 70 StrCM Report.doc
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
5 3.4(B)(4)(b)'OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL
6 TO. LOCATE A GENERAL RESTAURANT AT 6001 SW 70th STREET (VALENCIA
7 BUILDING) WITHIN THE "TODD -MU5" TRANSIT ORIENTED DEVELOPMENT
8 DISTRICT -MIXED USE 5 ZONING USE DISTRICT; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC),
12 the applicants, Anthony and Christine Hevia, have submitted Planning Board Application No.
13 ' PB -09 -026 requesting a Special Use Approval to operate a new general restaurant to be located
14 is on the ground floor of the Valencia, a multi - family condominium residential building at 6001
15 SW 70th Street, within the "TODD- MU -5 ", Transit Oriented Development District — Mixed Use
16 5 Zoning District; and
17
18 WHEREAS, a general restaurant is a retail use which is permitted as a special use in
19 within the "TODD- MU -5 ", Transit Oriented Development District —Mixed Use 5 Zoning District
20 and is subject to meeting general conditions specified in LDC Section 20 -5.8 and subject to
21 meeting special use requirements set forth in LDC Section 20- 3.4(B)(4)(b); and
22
23 WHEREAS, the approval of a special use requires a recommendation from the Planning
24 Board and the approval of the City Commission after a public hearing; and
25
26 WHEREAS, at its October 27, 2009 meeting the Planning Board, after public hearing,
27 voted 5 ayes 0 nays to recommend approval with a condition of the special use request; and
28
29 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
30 accept the recommendation of the Planning Board.
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
34
35 Section 1: Special Use Application (PB -09 -026) submitted by applicants, Anthony and
36 Christine Hevia, for approval to operate a new general restaurant to be located is on the ground
37 floor of the Valencia, a multi - family condominium residential building at 6001 SW 701h Street,
38 within the "TODD- MU -5 ", Transit Oriented Development District — Mixed Use 5 Zoning
39 District is hereby approved subject to the following condition:
40
41 (1) If the proposed general restaurant is, in the future, determined by the Director of
42 Planning, to be, adversely affecting the health or safety of persons residing or working in
43 the vicinity of the proposed use, to be detrimental to the public welfare or property or
44 improvements in the neighborhood; or to be not in compliance with other applicable
45 Code provisions, the special use approval may be modified or revoked by the City "
46 Commission upon notification and public hearing.
47
1 2
2
3 Section 2: This resolution shall be effective immediately after° the adoption hereof..
4
5
6
7 PASSED AND ADOPTED this day of , 2009
8
9
10
11
12 ATTEST: APPROVED:
13
14
15
16 CITY CLERK MAYOR
17
18 Commission Vote:
19 READ AND APPROVED AS TO FORM: Mayor Feliu:
20 Vice Mayor Beasley:
21 Commissioner Palmer:
22 Commissioner Newman:
23 Commissioner Sellars:
24 CITY ATTORNEY
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41 XAComm Items\2009 \11 -17 -09 \Special use Rest 6001 SW 70 Str Resolution.doc
�® 06/28/2008 .16:46 9548857689 DELORES FLOWERS PAGE
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110FROM :ELLIOTT ASSDCIATES RMLTY FAX NO. :305 254 8503 Sep. 25 2@09 10:33AM P2
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� Pd>atlln� & Zoning Department
�h Ci y Hall, 6130 CunFd Drive, South Miami, Florida 93143.
'•_+ - Terpbona: (30S) 663 -6326; Fax; (305) 60 -7396
Application For Public Hearing Before Planning Board & City Commission
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zoning Map AMendment 1CSpecta! Use
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City of South Miami
PB -09 -026 Special Use Restaurant N
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6001 SW 70 Street w E
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GIS Data by Miami -Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 10/7/2009.
1
ra! a I ai ♦ m a t oci �I r r f 1 v c t v o e a sT`se� t"�e
(Letter of Intent)
Thanks primarily to Starbucks, within the past 20 years the coffeehouse has
become a familiar feature ofAmerican life. Every day, millions ofAmericans stop
for an espresso -based coffee drink. People who would not have dreamed of
spending more than 50 cents for a cup of coffee a few years ago now gladly pay $3
to $S for their cappuccino, mocha latte or vanilla ice blended drink. Starbucks,
The Coffee Bean, Peet's, Dunkin Donuts, Seattle's Best and other major chains
serve average quality drinks in establishments that have the same generic design
appearance. Indeed., Starbucks and The Coffee Bean are often referred to as 'fast
food" coffeehouses due to their "cookie cutter" design. Now that Americans' coffee .
preferences have broadened and matured, many are asking for more from their
coffeehouse.
A niche exists that has yet to be filled for a unique, quality - driven coffeehouse with
a warm, invitiL7g atmosphere. C -Note and Tan's Cafe will meet this need and fill
this niche. We will offer high - quality products in a relaxed environment. C -note
and Ton's Cafe will strive to be the coffeehouse of choice for the residents of
Valencia South Alliami as well as the general South Miami community, downtown
business workers, tourists who visit the cite, and students, by providing a higher
quality experience than any competitor. As a result, we intend to create a
coffeehouse that quickly achieves profitability and sustains an attractive rate of
return for our investors and generates income by providing coffee and
ref °eshrnents to the residents of Valencia South Miami and the surrounding
businesses. We will partner° with Fit to Go LLC to provide fresh and healthy meals
that can be delivered to businesses, picked up, or eaten in the welcoming confines
of our establishment.
Christine Hevia
Secretary
One Eight Five, LLC
D.B.A. C -Note and Ton's Cafe
Anthony Hevia
Chief Executive Officer and Chief Financial Off cer
One Eight Five, LLC
D.B.A. C -Note and Ton's Cafe
I
-NOTICE OF PUB C "HEARING.
CITY OF SOUTH MIAMI.-
Planning and Zoning Department
-6130 Sunset Drive; South Miami, Florida 33143
Phon$. (305) 663 -6326; Fay #: (305) 668 7356
On Tuesday, October 27, 2009 at 7 30. P.M., the City of South
Miami Planning Board will hold" a' Regular Meeting in order to
conduct public hearings in the City- Commission Chambers at-
the above address on the following items:
PB'-09 -026 ".
- 3
,Applicant: Anthony and Christine Heyia
Location: 6001 "SW III Street
A RESOLUTION ,OF THE "MAYOR AND" CITY COMMISSION OF THE
CITY OF SOUTWMIAMI," RELATING TO: A REQUEST PURSUANT TO
SECTION- 2(Y'3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR
SPECIAL USEAPPROVAL -T.OLOCATEA.GENERALRESTAURANTAT I
6001 SW.70!" STREET - (VALENCIA BUILDING) WITHIN THE `TODD
MU5" TRANSIT ORIENTED DEVELOPMENT DISTRICT -MIXED USE 5AT
ZONING USE DISTRICT. -AND PROVIDING AN EFFECTIVE DE
PB -09 027
Applicant: City of South Miami .
AN ORDINANCE OF THE MAYOR AND." THE CITY COMMISSION `
'OF THE CITY_OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND t,
DEVELOPMENT CODE SECTION. 20.- 4.3(B)(C)(F) (1)(4)(5) ENTITLED
"SIGN REGULATIONS" IN ORDER TO PRO VIDE "THAT TEMPORARY
SIGN PERMIT- APPLICATIONS . WILL REQUIRE: REVIEW AND .)
APPROVAL BYTHE.ENVIRONMENTAL REVIEW AND PRESERVATION
BOARD. AND TO MAKE ,TECHNICAL" REVISIONS_. TO. UPDATE„ .(
TERMINOLOGY; PROVIDING FOR, SEVERABILITY ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. ' -'
All interested "parties are urged to; attend: Objections' or expressions of
approval may be made in person. at the hearing or filed iii-writing prior to
or at the hearing.-The; Planning_ Board the right to recommend
to the City. Commission whatever the board considers in the best interest
for the area involved. Interested parties requesting information are asked
to contact the Planning and Zoning Department byealling 305 = 6636326
or writing to the address indicated above
You are hereby advised that if any person desires to appeal any decision
made with respect to any matter considered at this "meeting..or hearing,
such person will need-a record" of the proceedings; and for such purpose
may need to ensure that a verbatim record of'the proceedings is made,
*which record "includes the testimony and evidence upon which the-
appeal is to be based (FS.- 286.0105): Refer to hearing number when
making any inquiry.-
j; THURSDAY, OCTOBER 22,.2009
Disputes investigated. Questions answered:
Problems :solved.. Action Line
l�
-NOTICE OF PUBLIC HEARING
CIV -.OF SOUTH MIAMI.-
Planning and Zoning Department
6130.Sunset Drive; South Miami, Florida 33143
Phone: (305) 663 -(BK6; Fax
#: (305) 668 7356 '
On Tuesday, October 27,.2009 at 7:30. P.M., the City of South J.
Miami Planning Board Will hold a Regular Meeting in order to" '
conduct public hearings in the City Commission - Chambers - at_
the above address on the following items: `.:..
PB- 09-026
.Applicant: Anthony and Christine Hevia
Location: 6001 SW 70!^ Street
'A RESOLUTION -OF THE 'MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO: A REQUEST PURSUANT TO
SECTION- 20:14(6)(4)(b) OF THE LAND DEVELOPMENT CODE FOR
SPECIAL USEAPPROVAL -T.O'LOCATE.A :GENERAL RESTAURANTAT
6001. SW 701h STREET. (VALENCIA, BUILDING) .WITHIN THE "TODD-
MU5" TRANSIT ORIEN NT TED DEVELOPME DISTRICT MIXED USE S.
ZONING. USE DISTRICT, -AND PROVIDINO AN EFFECTIVE DATE..
PB -09 -027:
Applicant: City of South Miami
-AN -ORDINANCE OF THE: MAYOR AND, TH_ E CITY COMMISSION k
OF THE CITY -OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION- 20.- 4.3(B)(C)(F) (1)(4)(5) ENTITLED
1'
"SIGN REGULATIONS " .,IN ORDER TO PROVIDE THAT TEMPORARY
SIGN PERMIT- APPLICATIONS WILL REQUIRE : REVIEW AND
APPROVAL BYTHE.ENVIRONMENTAL REVIEW AND PRESERVATION
BOARD AND TO MAKE TECHNICAL. REVISIONS TO. UPDATE_
TERMINOLOGY; PROVIDING FOR SEVERABILITY ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
All interested' parties are urged to attend: Objections--or expressions of
approval may be made in person.at tho hearing or filed -iii- writing prior to
or at the hearing. The Planning Board reserves the right to recommend
to the city, Commis.sion'whatever the board considers in the best interest
for the area•involved. Interested_ parties requesting information are asked
to contact the, Planning and Zoning Department by:calling 305-'6636326
or writing to the address indicated above:
You are hereby advised that if any person desires to appeal any decision
made with respect to any .matter considered at this'meeting..or hearing,
such person will need -a record of the proceedings; and.for such purpose
may need to ensure that a verbatim record of'the proceedings is made,
'which' record includes the testimony and. evidence upon which ' the -
appeai is to be based (F.S. 286.0105): Refer to hearing number when
making any inquiry.:
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To: Honorable Chair & '
Planning Board Members
From: Thomas J. Vageline, Director
Planning and Zoning Departme g
PB -09 -026
Applicant: Anthony and Christine Hevia
Location: 6001 SW 70th Street
South Miami
All-America City
2001
Date: October 27, 2009
Re: Special Use Approval
Restaurant
6001 SW 70th Street.
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 SPECIAL USE APPROVAL
TO LOCATE A GENERAL RESTAURANT AT 6001 SW 70th STREET (VALENCIA
BUILDING) WITHIN THE "TODD -MU5" TRANSIT ORIENTED DEVELOPMENT
DISTRICT -MIXED USE 5 ZONING USE DISTRICT; AND PROVIDING AN
EFFECTIVE DATE.
APPLICANT'S REQUEST:
Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicants are
requesting Special Use Approval to operate a new general restaurant (cafe) at the above
referenced location. The location of the restaurant is on the ground floor of the Valencia, a multi-
family condominium residential building. The restaurant will actually face SW 59th Place. The
proposed restaurant is located in the "TODD- MU -5 ", Transit Oriented Development District —
Mixed Use 5 Zoning District which allows restaurants if approved through the special use
process. The"LDC provides that special uses must be approved by the City Commission after a
public hearing and receipt of a recommendation from the Planning Board.
STAFF ANALYSIS
(1) In 2001 the City Commission approved a Comprehensive Plan land use category amendment
and, a zoning change to permit construction of the Valencia Apartment Building a six story multi-
family residential development containing 294 dwelling units and 6,812 square feet of
commercial space. City commission Ordinance No. 24 -01 -1755 approving the zone change (MO
to TODD -MU -5) was adopted on October 2, 2001. That ordinance stated that the zone change
was subject to a number of conditions, one of which read:
(1) The proposed development shall he as shown on the Site Plan submitted to the City
on September 28, 2001, as may be modified by revisions required by conditions set
forth in this section;
6001 SW 70 Street.
Special use approval
October 27, 2009
N
During the review and approval process in 2001 it was mentioned on several occasions that the
commercial uses will be neighborhood oriented with local area residents encouraged to establish
businesses in the spaces available. This led to the designation of the space (storefronts) as retail
on the final site plan. The adopted Site Plan indicated that all of the commercial space on the first
floor of the building facing SW 59t' Place was to be "Retail "(see attached copy).
(2) The restaurant will occupy Unit 102 at the ground floor. The unit is 800 square feet and the
required parking spaces for the restaurant will be & spaces (1 space per 100 sq: ft.). The required
parking as set aside in 2001 for the commercial, uses in the building is 26 spaces. The three
existing businesses have a parking requirement of 12 spaces. There is sufficient dedicated
parking remaining to accommodate the proposed cafe /restaurant. It is important to note that the
future- commercial uses in the ground floor may be impacted because the amount of dedicated
parking spaces remaining is now very limited (6 spaces).
(3) .In 2006 the City reviewed and acted upon an application by an individual with the consent of
the owner to revise the 2001 Site Plan to allow office use in two of the commercial units on the
first floor. The Planning and Zoning Department recommended denial of the application stating
that "Staff is concerned that the substitution of office space in place of retail is an abandonment
of the concept that this area of . the building would benefit the neighborhood and would
encourage a mixing of building and community residents. " The Planning Board at its January
10, 2006 meeting recommended denial and the City Commission subsequently did not act on the
matter.
(4) The placement of the proposed restaurant/cafe in the retail space of the Valencia Building is
compatible with the original 2001 objective which mandates retail that serves the community
and surrounding neighborhood.
SPECIAL CONDITIONS APPLICABLE:
.The overall purpose of going through the special use process is to determine the compatibility of
the proposed use with the surrounding neighborhood. A special use must comply with the
conditions set forth in Section 20- 5.8(13) in that the use:
a) Will not adversely affect the health or safety of persons residing or ' working in the
vicinity of the proposed use;
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c) Complies with all other. applicable Code provisions.
In addition, special uses may also be required to comply with supplemental requirements, which
are set forth in Section 20- 3.4(13)(4)(b). In the case of a general restaurant, the following
requirements are listed:
(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. A •separate application for outdoor seating
would be required.
6001 SW 70 Street.
Special use approval
October 27, 2009
(ii) - No services of a drive -in or of a fast food nature shall be permitted. " -
(iii) The city. commission shall review and recommend approval, disapproval or
modification of all site plans and project specifications for this special use permit.
RECOMMENDATION
The requested special use approval for the restaurant /caf6 at this location complies with the LDC
requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set
forth in Section 20 -5.8. Approval of the application with the following condition is
recommended:
(1) If the proposed general restaurant is, in the future, determined by the Director of
Planning, to be adversely affecting the health or safety of persons residing or working in
the vicinity of the proposed use, to be detrimental to the public welfare or property or
improvements in the neighborhood, or to be not in compliance with other applicable
Code provisions, the special use approval may be modified or revoked by the City
Commission upon notification and public hearing.
Attachments:
Application
Location Map
Letter of Intent
Restaurant Site/Floor Plans
Site plan -1' Floor (200 1)
Copies of Public notices
TJV /SAY
X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports \10- 27- 09\PB -09 -026 Special use Rest, 6001 SW 70 Str.doc
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CITY OF SOUTH MIAMI
PLANNING BOARD
DRAFT Action Summary Minutes
Tuesday, October 27, 2009
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:32 p.m.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairperson, Mr. Morton requested a roll call. Board members present
constituting a quorum:
Present: Mr. Comendeiro, Mr. Farfan, Mr. Morton, Ms. Yates, and Mr.
Whitman.
Absent: Mr. Cruz and Ms. Young.
City staff present: Thomas J. Vageline (Planning and Zoning Director), Sanford
A. Youkilis (Planning Consultant), Maria Stout -Tate (Administrative Assistant
II), Laurence Feingold, City Attorney.
IV. Planning Board Applications/Public Hearings.
PB -09 -026
Applicant: Anthony and Christine Hevia
Location: 6001 SW 70th Street
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF-
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL .USE APPROVAL
TO LOCATE A GENERAL RESTAURANT AT 6001 SW 70th STREET (VALENCIA
BUILDING) WITHIN THE "TODD -MU5" TRANSIT ORIENTED DEVELOPMENT
DISTRICT -MIXED USE 5 ZONING USE DISTRICT; AND PROVIDING, AN
EFFECTIVE DATE.
Mr. Morton read into the record.
Discussion:
Mr. Youkilis said that the item is a Special Use Approval pursuant to Section 20 -3 A(B)(4)(b) of
the Land Development Code (LDC). The applicants are requesting Special Use Approval to
operate a new general restaurant (cafe) at the above referenced location. The location of the
restaurant is on the ground floor of the Valencia, a multi - family condominium residential
Planning Board Meeting
October 27, 2009
Page 2 of 4
building. The restaurant will actually face SW 59th Place. The proposed restaurant is located in
the "TODD- MU -5 ", Transit Oriented Development District — Mixed Use 5 Zoning District
which allows restaurants if approved through the special use process. The LDC provides that
special uses must be approved by the City Commission after a public hearing and receipt of a..
recommendation from the Planning Board.
Mr. Youkilis stated that in 2001 the City Commission approved a Comprehensive Plan Land
Use Map amendment and a zoning change to permit construction of the Valencia Apartment
Building a six story multi - family residential development containing 294 dwelling" units and
6,812 square feet of commercial space. City Commission Ordinance No. 24 -01 -1755 'approving
the zone change (MO to TODD -MU -S) was adopted on October 2, 2001. That ordinance stated
that the zone change was subject to a number of conditions, one of which read:
(1) The proposed development shall be as shown on the Site Plan submitted to the City
on September 28, 2001, as may be modified by revisions required by conditions set
forth in this section;
Mr. Youkilis went on to say that during the review and approval process in 2001 it was
mentioned on several occasions that the commercial uses will be neighborhood oriented with
local area residents encouraged to establish businesses in the spaces available. This led to the
designation of the storefronts as retail on the final site plan. The adopted Site Plan indicated that
all of the commercial space on the first floor of the building facing SW 59th Place was to be
"Retail." The restaurant will occupy Unit 102 at the ground floor. The unit is 800 square feet
and the required parking spaces for the restaurant will be 8 spaces (1 space per 100 sq. ft.). The
required parking as set aside in 2001 for the commercial uses in the building is 26 spaces. The
three existing businesses have a parking requirement of 12 spaces. There is sufficient dedicated
parking remaining to accommodate the proposed cafe /restaurant. It is important to note that the
future commercial, uses in the ground floor may be impacted because the amount of dedicated
parking spaces remaining is now very limited (6 spaces). In 2006 the City reviewed and acted
upon an application by an individual with the consent of the owner to revise the 2001 Site Plan
to allow office use in two of the commercial units on the first floor. The Planning and Zoning
Department recommended denial of the application stating that "Staff is concerned that the
substitution of office space in place of retail is an abandonment of the concept that this area of
the building would benefit the neighborhood and would encourage a mixing of building and
community residents. " The Planning Board at its January 10, 2006 meeting recommended
denial and the City Commission subsequently did not act on the matter.
Mr. Youkilis went on to say that the placement of the proposed restaurant/cafe in the retail
space of the Valencia Building is compatible with the original 2001 objective which mandates
retail that serves the community and surrounding neighborhood. The overall purpose of' going
through the special use process is to determine the compatibility of the proposed use with the
surrounding neighborhood.
Mr. Youkilis stated that City staff recommends approval of the Special Use for the
restaurant/cafe at this location as it complies with the. LDC requirements set forth for special
uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8.
Approval of the application with the following condition is.recommended.
Planning Board Meeting
October 27, 2009
Page 3 of 4
(1) If the proposed 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.
Mr. Morton asked the applicant if they had anything to say.
Speaker:
NAME: ADDRESS SUPPORT /OPPOSE
Anthony Hevia 6001 SW 70 Street- Apt. 506 Supports
Mr. Hevia stated that they would like to open a neighborhood cafe for the local residents and
business personnel. The business hours would be 7:00 a.m. — 4:00 p.m. depending on the
community. The food would be from "Fit to Go" and also would have caf6 con leche and cafe
latte.
Mr. Whitman asked what your hours would be. Mr. Hevia stated that they would be open 7:00
a.m. — 4:00 p.m. depending on the traffic and Metro Rail. We are looking at the traffic at the
post office. Mr. Whitman inquired if they would be open in the weekends. Mr. Hevia stated
that possibly on Saturday in the morning, but closed on Sunday.
Mr. Youkilis asked if Mr. Hevia owns the store location where this neighborhood cafe would be
located. Mr. Hevia stated that he does not own the store but that the owner was present if she
needed to address the Board.
Opened /Closed Public Hearin
Mr. Morton asked if there were any people in the audience to speak on the above mentioned
subject.
Speaker:
NAME: ADDRESS SUPPORT/OPPOSE
Delores Flowers 6001 SW 70 Street Supports
Ms. Flowers wanted to know what it would take to change the criteria for the standards to have
other retail /commercial type of stores to come into the Valencia store front area. She asked the
Planning Board if they could review all the criteria so that other types of retail would be able to
move in. Mr. Youkilis announced that at the November 3rd, 2009 City Commission meeting the
Mayor would address this issue. The City Commission would refer to the Planning Board a
request to change the site plan allowing additional uses to this area.
Speaker:
NAME: ADDRESS SUPPORT /OPPOSE
John Edward Smith 17531 SW 64 Court Supports
Mr. John Edward Smith would like to see some type of change in the use of the open stores that
are vacant. He stated that he believed that if the City changed the use then more stores would be
Planning Board Meeting
October 27, 2009
Page 4 -of 4
able to apply for use and the store fronts would be filled. He also stated that he supported the
fact that the Cafe would be coming into the area; "Valencia store fronts ". Mr. Smith inquired as
to the eight (8) parking spaces on 59th Court, located across from the Post Office. Did these
spaces go into account of the spaces required? Mr. Youkilis stated that they Were part of the
required spaces. In 2001 it showed 18 internal spaces and six (6) on- street spaces. Mr. Youkilis
did not believe that they were metered as of yet. Mr. Smith stated that they were.
Mr. Comendeiro asked why the fifteen minutes on the meters. Mr. Youkilis stated that he did
not know. Mr. Smith stated that at the time there were no meters, so they placed the meters at
15 minutes so that people could drop things off but not park there the entire day.
Speaker:
NAME: ADDRESS SUPPORT /OPPOSE
John E. Anderson 5917 SW 60 Avenue Supports.
Mr. Anderson wanted to know where would other people park if the parking in the metered
section would be taken. His concern was that those people who did not want to park in the
metered area would spill over to the residential area and take up parking there. He wanted to
make sure that the overflow of any parking from the businesses would not flow into the
residential area and did Valencia have enough parking spaces.
Ms. Yates stated that there_ are 18 parking spaces inside of Valencia and it would relieve any
parking issues on the street. Mr. Cabrera, an architect for the new restaurant, stated that there
are 26 parking spaces and that with this cafe coming in only 18 of the spaces would be taken;
leaving 8 parking spaces in accordance to the rules and regulations of the City.
Mr. Morton closed the public hearing.
Motion: Ms. Yates made a motion to approve the PB -09 -026 a proposed special use
restaurant. Seconded by Mr. Comendeiro
5 ayes 0 naves,
Motion was adopted and passed
TJV /SAY
XAComm Items\ 2009 \11- 17- 09TB.Minutes.10.27.09 Excerpt. doe
". ce Souryy
f _
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-p'a"D
-'CITY OFSOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City.Commission of the City of South'-
. Miami, Florida will conduct Public Hearings autL regular City Commission,
meeting scheduled.for.Tuesday,.November 17,2009 beginning at 7 30'
p.m. in the.Cily Commission.Chambers, 6130 Sunset Dnve 10 consider?
the following ftem(s):. - -
= AN- ORDINANCE�OF..THE MAYOR AND CITY COMMISSION
OF.THIE CITY OF SOUTH- MIAMI, FLORIDA RELATING TO.
THE YEAR 2010 GENERAL AND SPECIAL ELECTION OF
.THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, I -
AND.N; SCHEDULING THE DAY, - PLACE AND TIME OF
.THE- ELECTION; PROVIDING FOR QUALIFICATION OF
CANDIDATES; PROVIDING. FOR CLOSE OF "ELECTION
BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING
.: FOR - :NOTIFICATION; PROVIDING,:FOR SEVERABILITY,
-ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE."
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF...
THE CITY OF SOUTH MIAMI; FLORIDA'AMENDING THE..
." DEVELOPMENT AGREEMENT AOOP_TED.;AS, PART: OF -
ORDINANCE NO.. 12- 05-1834, ", - AND,..AMENDED BY
ORDINANCE N6.1'17-05-1839, WHICH APPROVED THE _
DEVELOPMENT. AGREEMENT FOR A PLANNED UNIT
DEVELOPMENT -MIXED USE PROJECT KNOWN AS .RED
ROAD COMMONS LOCATED AT 6600- 6640 "SW 57 AVENUE
_ AND 5757 SW.68 STREET; THE PURPOSE OF THE AMEND-
MENT IS: TO REQUIRE THAT ALL REQUIRED" PARKING -
PURSUANT TO LAND DEVELOPMENT CODE SECTION
20-4.4(B) IS PROVIDED FOR ALL USES LOCATED ON THE
PROPERTY AND TO UPDATE THE CURRENT-NUMBER
OF PARKING SPACES PROVIDED; PROVIDING FOR SEVER -
ABIUTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF- THE MAYOR AND - THE CITY
COMMISSION- OF THE CITY OF SOUTH .MIAMI, FLORIDA..
AMENDING THE LAND DEVELOPMENT CODE SECTION
204.4(Fx2xc) ENTITLED 'SPACES LOCATED OFF - SITE'- IN
ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING
OF OFFSITE PARKING SPACES AS A METHOD TO PROVIDE
REQUIRED SPACES; AMENDING SECTION 20-7.6 ENTITLED
'PARKING' IN HOMETOWN DISTRICT.IN ORDER TO MODIFY
SECTION 20- 7.6(Cx2xb) BY REMOVING THE OPTION
OF LEASING OF OFFSITE PARKING SPACES AS A METHOD
TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERA-
BILITY. ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE..
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING LAND .
DEVELOPMENT CODE SECTION 20-2.3 ENTITLED
'DEFINITIONS' BY ADDING A NEW DEFINITION OF 'LAND
USE REGULATIONS': AND ADDING A NEW DEFINITION OF
'DEVELOPMENT REGULATIONS' BY MODIFYING THE
EXISTING DEFINITION OF 'REGULATIONS'; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, .FLORIDA, AMENDING THE-
SOUTH :MIAMI CODE OF ORDINANCES IN ORDER TO
REMOVE -EXISTING CHAPTER 1W ENTITLED 'FLOODS'
AND TO REPLACE SAID CHAPTER WITH A NEW CHAPTER
10A ENTITLED 'FLOOD DAMAGE PREVENTION' WHICH
CONTAINS THE FOLLOWING SECTIONS; PROVIDING FOR
STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE. AND OBJECTIVES; PROVIDING DEFINITIONS;
PROVIDING GENERAL PROVISIONS; PROVIDING LANDS
TO WHICH THIS ORDINANCE APPLIES; PROVIDING A BASIS
FOR ESTABLISHING THE AREAS. OF SPECIAL FLOOD
HAZARD; PROVIDING A DESIGNATION OF FLOODPLAIN
ADMINISTRATOR: PROVIDING FOR ESTABLISHMENT OF
DEVELOPMENT PERMIT; PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRIC-
TIONS; PROVIDING FOR INTERPRETATION; PROVIDING A
WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING
PENALTIES FOR VIOLATION; PROVIDING ADMINISTRA-
TION; PROVIDING PERMIT PROCEDURES; PROVIDING
DUTIES AND RESPONSIBILITIES OF THE FLOOOPLAIN
ADMINISTRATOR; PROVIDING PROVISIONS FOR FLOOD
HAZARD REDUCTION; PROVIDING GENERAL STANDARDS;
PROVIDING SPECIFIC STANDARDS; PROVIDING
STANDARDS FOR A -ZONES WITHOUT BASE FLOOD
ELEVATIONS AND REGULATORY FLOODWAYS; PROVI-
DING STANDARDS FOR AO- ZONES; PROVIDING FOR
VARIANCE PROCEDURES:. PROVIDING DESIGNATION OF "
VARIANCE AND APPEALS BOARD; PROVIDING THE DUTIES
OF VARIANCE AND APPEALS BOARD; PROVIDING FOR
VARIANCE PROCEDURES; PROVIDING THE CONDITIONS
FOR VARIANCES; PROVIDING FOR VARIANCE NOTIFICA-
TION; PROVIDING FOR HISTORIC STRUCTURES; PROVI-
DING FOR STRUCTURES ON REGULATORY FLOODWAY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. -_ "
'ORDINANCE -OF ".THE,:MAYOR" AND`THE CITY'
AMISSION -OF THE- CIT:Y.OF. SOUTH MIAMI,- FLORIDA,
:NDING THE. LAND .DEVELOPMENT" -CODE-20-6.1
1\ CwlliT CA -•A [\�IIw11CT0 ATn/C ; \ITITICC -J^ITV I^M� -..
FHE VOTE REQUIREMENTAF THE-CITY -COMMISSION ON
_ ORDINANCES ;AND ,RESOLUTIONS,', :PERTAINING TO THE : r
LAND-USE AND' DEVELOPMENT`;REGlIL4TIONS WHICH �
- -WILL BE CONSISTENT WITH.`THE CHARTER AMENDMENT
ADOPTED NOVEMBER 4 :2006; PROVIDING FOR SEVERA-.
BILITY'; ORDINANCES IN.CONFLICT; AND.PROVIDING AN
EFFECTIVE DATE.
A..RESOLLITION..OF THE`.MAYOR AND CITY COMMISSION.
OF, -THE CITY OF, SOLITH.MIAME RELATING TO A REQUEST
PURSUANT TO. S €OTION;2b-3.;40x41(6) -:OF THE LAND
DEVELOPMENT.CODE'FQR SPECIAL USE APPROVAL TO
'LOCATE iA - GENERAL'.`RESTAURANT AT 6001 SW 70th
STREET (VALENCIA BUILDING).WITHIN THE'fODD -MUS'
TRANSIT ORIENTED DEVELOPMENT DISTRICT -MIXED USE
S ZONING USE,DISTRICT iAND PROVIDING AN EFFECTIVE :
:A RESOLUTION O7. THE.MAYOR AND.GITY COMMISSION
OF THE CITY OF. SOUTH - MIAMI, RELATING TO -A REQUEST '
' 'PURSUANT'T&`SECTION hD- 3A(Bx4)(b) OF THE LAND
- DEVELOPMENT CODETOR SPECIAL USE APPROVAL TO
LOCATE -A GENERAL ' :RESTAURANT -AT. .5900 SW 73,d
STREET WITHIN THE 'SR (HD -0V)' SPECIALTY,, RETAIL -
- (HOMETOWN, DISTRICT OVERLAY) ZONING DISTRICT; AND
PROVIDING AN EFF.ECTIV E DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
.OF.. THE..CITY. OF. SOUTH MIAMI; FLORIDA RELATING -
TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIA-
'TENESS PURSUANT TO SECTION 20- 5:19(Ex3) OF THE
LAND DEVELOPMENT CODE TO PERMIT A, WALL SIGNAGE
- ON A: DESIGNATED HISTORIC COMMERCIAL BUILDING
LOCATED AT 5900 SUNSET DRIVE (AMSTER BUILDINGS);
PROVIDING AN EFFECTIVE DATE.
ALL interested parties are invited to attend,and will be heard.
For further infori'nation, please contact the City Clerk's Office at:
305563 -6340. -
Maria M. Menendez, CMC ,
.. .... Ity Clerk
. Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board.
Agency or Commission,wnh. respect to any matter considered at its
meeting or hearing, he or she will need.a record of the proceedings, and
that for such purpose,_ affected person may need to ensure that a verbatim
record of the proceedings is made which record includes the testimony and
evidence upon which the appeal,is to be based. -
1716: - 09.3- 219/1343386M
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PARKING CALCULATIONS
UNIT 101 VACANT
585 SF
UNIT 102 PROPOSED CAFE
800 SF / 100 = 8 PS
UNIT 103 EXISTING TAILOR SHOP
900 SF / 300 3 PS
UNIT 104 VACANT
750 SF
UNIT 105 VACANT
1069 SF
UNIT 106 EXISTING CLOTHING STORE
1000 SF / 300 3.33 PS
UNIT 107 EXISTING CONVENEINCE STORE
1,008 SF / 300 = 3.36 PS
PARKING SPACES REQUIRED 17.69
5% REDUCTION FOR ARCADE .8845
TOTAL COMMERCIAL PARKING REQUIRED 16.8055 = 17 SPACEJA.F
TOTAL COMMERCIAL PARKING PROVIDED 24 SPACES
18 SPACES - IN GARSPACES - ON ST
ZONING INFORMATION
ZONING
TODD -MUS
GROSS LOT
158,760 S.F.
ACREAGE
+/- 3.640 ACRES
NETLOT
122,610 S.F.
ACREAGE
+/. 2.815 ACRES
RESIDENTIAL UNITS
257,145 SF
BALCONIES &TERRACES
16,369 SF
CIRCULATION /SERVICE
45,095 SF
AMENITY /RECEPTION AREA
4,369 SF
LOBBIES & MAILROOM
1,930 SF
COMMERCIAL UNITS
6,112 SF
ARCADE
2,858 SF
SETBACKS REQUIRED
PROVIDED
''. FRONT(SW70STJ 0' -0'
1'-11'
REAR (SW 69 ST.1
7.2' /01-01
SIDE STREET (SW 61 AVE.) 0' -0'
10' -0'
SIDE STREET (SW 59 PL) 0' -0'
0' -0•
F. A R. NET LOT AREA 314,651/122,610 -2.S6
F. A. R. GROSS LOT AREA 314,651 /156,760 -1.98
APPLICABLE CODES
1. FLORIDA BU WING CODE, 2007 EDITION
2. FLORIDA MECHANICAL CODE, 2107 EDITION
3. FLORIDA PLUMBING CODE, 2037EDITION
4. NATIONAL ELECTRIC CODE, 2007 EDITION
5. FLORIDA FIRE PR EVENTION CODE, 207 EDITION
SITE ACCESSIBILITY NOTES
ALL HANDICAPPED ACCESS ROUTES ARE EXISTING TO REMAIN AND SHALL
HAVE A MAXIMUM SLOPE OF 1:20 THERE IS AN ACCESSIBLE ROUTE FROMTHE
EXISTING SIDEWALKTO THE EXISTING ENTRY DOOR AND FROM THE EXISTING
ACCESSIBLE PARKING SPACES TO THE EXISTING ENTRY DOOR.
Ly. 6 s}}
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LOCATION MAP
SCALE: 1 * -By- '
CAFE APPLIANCE SCHEDULE LEGEND
#
DESCRIPTION
REMARKS
1
DISHWASHER
FAGOR - MODEL FIABW - 23.5 "w X 23.25 "d X 32.25 "h
2
BLENDER
Q- SERIES BLENDER - 9 "w X 9 "d X 18.5 "h
3
COFFEE GRINDER
LA SAN MARCO - SM FK CONICAL - 8.6 "w X 14.3 "d
4
REFRIGERATED DISPLAY
TRUE - TCGDZ -50 DISPLAY CASE - 59.88 "w X 35.5 "d X 47.88 "h
5
REFRIGERATOR/FREEZER
TRUE - T23DT REFRIGERATOR /FREEZER -27 "w X 29.5 "d X 78.375 "h
6
ICE CUBER
KM -101 BAH - 23 "w X 24 "d X 39 "h
7
SANDWICH GRILL
PANINI SANDWICH GRILL SG2LF - 22.75 "w X 15 "d X 9.125 "h
8
COFFEE BREWER
AIRPORT COFFEE BREWER - 9'W X 18.5 "d X 23.6 "h
9
ESPRESSO CART
6FT ESPRESSO CART -107'W X 35 "d X 49 "h
10
ESPRESSO MACHINE
LA SAN MARCO 85 SERIES - 28.35 "w X 21.46 "d X 18.50 "h
11
CONVECTION OVEN
BLODGETT CTB/CTBR - 30.25 "w X 25.125 "d X 50.25 "h
12
HAND SINK
13
MOP SINK
SW 69 STREET
PARTIAL BUILDING PLAN /
SCALE: V -NV'
FA/C
EXISTING
RESTROOM
r----- - - - - -- --- - - - --J
LOCAL ART
DISPLAY
I�
IJ/ 0 0
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37
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2222
BEXTERKM
/j PARING
6PAGES
DESIGNATED
FOTi
COMMERICAL
23 uSE
El
UIRED PARKING / SW 70 STREET
1' A' -R in" 4" V -7 1/2" 4'- 71/2"
- -,
11 ® ❑3 ❑2 Blow ❑5 ,2
SERVICE
AREA (. / \ \ \\
D \ \\
\ \ STORAGE
10 ❑ \
O
PASTRY FRONT F
DISPLAY COUNTER PICK -UP /
COUNTER
SERVICE
COUNTER
no
PATRON AREA
496 sf
33 PATRONS MAX
(V
_FLOOR PLAN UNIT 102
SCALE: 3/B" = 1' -D' UNIT AREA 800 SF.
LOCAL ART
DISPLAY
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SEAL:
SHEET TITLE:
DATE: 9/25/2009
DRAWN BY:
CAD FILE:
PROJECT No.2409
SHEET No.
A -1
O
1 L 3 4 5 S 7 S S
COMMERCIAL
PARKING
EXISTING
CONVEINENCE
STORE
10 /1 12 13 14 15 1S 17 1S
UNIT 107
1,008 SF
EXISTING
CLOTHING
RESIDENTIAL
DESIGNATED COMMERCIAL
STORE
UNIT 106
PARKING
PARKING IN GARAGE IB
1,000 SF
GARAGE
SPACES
VACANT
UNIT 105
1,089 SF
PARTIAL BUILDING PLAN /
SCALE: V -NV'
FA/C
EXISTING
RESTROOM
r----- - - - - -- --- - - - --J
LOCAL ART
DISPLAY
I�
IJ/ 0 0
m
37
U
2121\
/ d
cp
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2222
BEXTERKM
/j PARING
6PAGES
DESIGNATED
FOTi
COMMERICAL
23 uSE
El
UIRED PARKING / SW 70 STREET
1' A' -R in" 4" V -7 1/2" 4'- 71/2"
- -,
11 ® ❑3 ❑2 Blow ❑5 ,2
SERVICE
AREA (. / \ \ \\
D \ \\
\ \ STORAGE
10 ❑ \
O
PASTRY FRONT F
DISPLAY COUNTER PICK -UP /
COUNTER
SERVICE
COUNTER
no
PATRON AREA
496 sf
33 PATRONS MAX
(V
_FLOOR PLAN UNIT 102
SCALE: 3/B" = 1' -D' UNIT AREA 800 SF.
LOCAL ART
DISPLAY
n v
tO
REVISIONS:
1.
2.
3.
4.
5.
6.
7.
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c%j co
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Lu 0 E
Z (i) °m
SEAL:
SHEET TITLE:
DATE: 9/25/2009
DRAWN BY:
CAD FILE:
PROJECT No.2409
SHEET No.
A -1