11-17-09 Item 17 PlanSouth Miami
All- Amefica City
111ir
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department '/7'
Date: November 17, 2009 ITEM
Subiect
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 5900 SW 73rd STREET WITHIN THE "SR (HD -OV)" SPECIALTY
RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING 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 applicant, Tabu Group,
LLC. is requesting a Special Use Approval to operate a new general restaurant at the above referenced
location. The location of the restaurant is on the ground floor of an existing mixed use office /retail
building. The restaurant will face SW 59th Ave. The proposed restaurant is located in the "SR(HD),"
Specialty Retail Hometown Overlay 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) The restaurant will occupy 1,600 sq.ft.; the required parking spaces for the restaurant will be 16
spaces (1 space per 100 sq. ft.). The applicant was required to provide a parking analysis for the entire
complex which includes a three story building and a new one story addition constructed in 2007. The
required parking for current uses in the building complex is 65 spaces. The applicant's plans indicate
that there are 65 required spaces provided, 54 spaces in an on -site parking lot at the rear of the
building and 11 spaces on- street abutting the property on SW 73rd Street and SW 59th Avenue.
(permitted by LDC Section 20- 4.4(A)(1).
(2) The substitution of the proposed restaurant for a current retail use will require the applicant to provide
11 additional spaces (16 spaces -5 spaces credited to the current retail store use). In the Hometown
District a change of use in an existing building requiring additional parking spaces must provide for
these spaces by: (1) obtaining a special exception (variance) from the City Commission; or (2)
contribute an annual fee to Hometown District Improvement Trust Fund; or (3) execute a long term
lease to use surplus off - street parking spaces at another location (LDC Section 20- 4.4(F)(2). The
applicant has selected to lease the required spaces from Mark Richman Properties (SM Parking
Garage). A copy of that leased is attached.
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PLANNING BOARD ACTION:
The Planning Board at its April 28, 2009 meeting conducted a public hearing and reviewed the application
The Board deferred the application and. requested additional information from staff on parking issues in the
same area. The Board at its May 26, 2009 meeting continued consideration of the item and adopted a motion
by a vote of 5 Ayes 1 Nay (Mr. Comendeiro) recommending approval of the special use restaurant request
with the following conditions
1) The applicant must submit an executed long -term lease acceptable to the City attorney for 11 off -site required
parking spaces;
2) The applicant shall designate sixteen (16) parking spaces in the rear parking lot for the restaurant and shall
indicate that the spaces are reserved for restaurant patrons.
3) The applicant is to submit a revised site plan showing the correct number of on -site spaces and if 54 spaces
are not indicated the applicant should lease two additional off -site spaces; the spaces which are not usable
should be shown as a bike rack area, a motorcycle parking area or a tree.
4) 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.
The applicant did submit the required parking lease and a revised and updated site plan to the Planning and
Zoning Department on November 6, 2009. The applicant advised that the long time period between
Planning Board approval and submittal of the required documents was related to difficulties getting County
fire and water /sewer approvals.
RECOMMENDATION
The requested special use approval for the restaurant /cafe 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. The applicant has made the revisions mandated by the Planning Board and has submitted
the required documents which are included as attachments. 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.
3
A second condition is also recommended:
(2) The development of the restaurant and the design of the existing on -site parking lot shall be in
accord with attached plans marked "Exhibit A" Plans and entitled "Commercial Remodeling For
Tabu Group 5900 SW 73 Street, Suite 103" dated 11 -4 -09, prepared and sealed by Enrique
Fernandez, P.E.
Backup Documentation:
Draft Resolution
Application
Location Map
Letter of Intent
Copy of Parking Lease
Planning Department staff report (5 -26 -099)
Planning Board Minutes Excerpt (5- 26 -09)
Planning Department staff report (4 -28 -09
Planning Board Minutes Excerpt (4- 29 -09))
Site Plan / Floor Plan / Elevations
Public Notices
TJV /SAY
XAComm Items\2009 \11 -17 -09 \Special use Rest 5900 SW 73rd Str CM Report.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL
TO LOCATE A GENERAL RESTAURANT AT 5900 SW 73rd STREET WITHIN THE
"SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC);
the applicants, Tabu Group LLC. has submitted Planning Board Application No. PB -09 -007
requesting a Special Use Approval to operate a new general restaurant to be located on the
ground floor of an existing mixed use office /retail building at 5900 SW 73rd Street within the
"SR(HD)," Specialty Retail Hometown Overlay Zoning District; and
WHEREAS, a general restaurant is a retail use which is permitted as a special use in
within the "SR(HD)," Specialty Retail Hometown Overlay Zoning District;and is subject to
meeting general conditions specified in LDC Section 20 -5.8 and subject to meeting special use
requirements set forth in LDC Section 20- 3.4(13)(4)(b); and
WHEREAS, the approval of a special use requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at its May 26, 2009 meeting the Planning Board, after public hearing, voted
5 ayes 1 nay to recommend approval with conditions of the special, use request; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
accept the recommendation of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: Special Use Application (PB -09 -007) submitted by applicant, Tabu Group,
LLC. for approval to operate a new general restaurant to be located to be located on the ground
floor of an existing mixed use office /retail building at 5900 SW 73rd Street within the "SR(HD),"
Specialty Retail Hometown Overlay Zoning District is hereby approved subject to the following
conditions:
(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.
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W
(2) The development of the restaurant and the design of the existing on -site parking lot
shall be in accord with attached plans marked "Exhibit A" Plans and entitled
"Commercial Remodeling For Tabu Group 5900 SW 73 Street, Suite 103" dated 11 -4 -09,
prepared and sealed by Enrique Fernandez, P.E.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2009
APPROVED:
MAYOR
XAComm Items\2009\1 1-1 7-09\Special use Rest 5900 SW 73rd Str Resolution.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
i
City of South Miami
Planning & Zoning Department
® City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telepb'one: (305) 663 -6326; Fax: (305) 668 -7356
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: Lot(s) 4-4 Block _I Subdivision ENDS R ITT
:5c[ VJ 5t'• t; lic i1 o?j PS 7 - PG I I Or- THE go'..ChJ 0� ?
Meets & Bounds:
Applicant: — ZLC Phone: 3 Q s E 50 1 3
Representative: Organization. _ _ py C
t�G-if F\ 1> t�R-Vi c L CN (Z C
Address:
Phone: 3C5 Loo _ti0.2S `0q-g04
Property Owner i Signature:
Mailing Address: Phone:
Architect/Engineer: Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative Contract to purchase _Option to purchase —Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
_ Text Amendment to LDC
—Zoning Map Amendment
�_
I Variance
Special Use
PLEASE CHECK ALL THAT APPLY:
x Letter of intent
_ Justifications for change
_ PUD Approval
Special Exception
_ Statement of hardship
_ PUD Major Change
i Other (Waiver of Plat)
X Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code
sections:
_ Contract to purchase
XCurrent survey (1 original sealed and
i
signed /1 reduced copy @ 11" x 1 T)
X 15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
%{ 20% Property owner signatures or
Affidavit attesting to mail notice sent
Section: Subsection: Page #:
Amended Date:
X Mailing labels (3 sets) and map
Required Fee(s)
The undersigned has read this comppleted ap;
correct to the best of the applicant's lozowledge
Applicant's Signature and title Vk LOU- J
Upon receipt, applications and all submitted ina
applicable regulations. Applications found not in
and represents that the information and all submitted materials are true and
e f, NOTARY PUBLIGSTAT RID
y .. l I d C' Antonella en
Date = Commission #/ D7
\�`f �� \� �-2 Expires: J 0
f BCC DTI
will be reviewed or compliance with the Lan�eve opm rC @'6gier
iance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of;PB Hearing Date of Commission
Petition Required Petition jAccepted
Method of Pavment
11/19/07
S
City of South Miami
PB-09-007 Special Use Approval - Restaurant
N
7310 SW 59 Avenue 5900 SW .73rd Street
W
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GIS Data by Miami-Dade County, 11/2007.
Made by City of South Miami, Engineering & Construction, 4/8/2009.
ENRIQUE FERNANDEZ P.E.
Consulting Engineers
14335 Southwest 120 Street
Suite 214
Miami, Florida 33186
telephone: 305 - 408 -4025 • fax: 305- 408 -4026
email: emfengineerina@bellsouth net
LETTER OF INTENT
March 25, 2009
City of South Miami, City Hall
Planning and Zoning Department
6130 Sunset Drive
South Miami, Fl. 33143
RE: Proposed new Restaurant for TABU GROUP at 5900 SW 73 Street,
Suite 103.
Dear Sir. or Madam,
On behalf of our client, TABU GROUP, we request your consideration to grant Special
Use Permit for the above caption project located in the City of South Miami.
The Special Use permit is for a new Restaurant located at the San Remo Building,
5900 SW 73 Street, Suite 103. The new Restaurant will be located at the ground floor
and will be of approximately 1,470 square feet under A/C. Other particulars arew.as
follows:
The front of the new proposed Restaurant will be facing 73 d Street on the east
side of the existing building and it will also have an side entrance. off of 59th avenue on
the north side of the existing building.
I believe the new Restaurant will be in compliance with the local code requirements and
will interacts well with existing businesses of the neighborhood.
I respectfully request your department's thoughtful review and approval of our petition
for this Special Use Permit.
Sigel ,
Enruique Fernandez P.E.
P.E. # 2,1218
PARKING SPACE LEASE
This Parking Space Agreement ( "Agreement ") is made and entered into this _ day of
November, 2009 ( "Effective Date")j between 'Tabu Group LLC ( "Tenant ") and MARK RICA
PROPERTIES, INC., a Florida Corporation ( "Landlord ").
1. USE OF SPACE. Landlord does hereby agree to allow the Tenant to have the use of eleven
(11) undesignated parking spaces (the "Parking Space ") at the South Miami Parking Garage
located at 5829 SW 73rd Street, South Miami, Florida (the "Parking Facility ") for the parking
of vehicles of principals,] owners, employees; guests and invitees of Tenant and principals,
owners, employees, guests and invitees of the San Remo Building located at 5900 SW 73
Street, South Miami, Florida 33143. The Parking Spaces shall include only area(s)
designated by Landlord as `special permit parking' on the third (3rd) floor and above before
the gated area on the fourth (4th) floor within the Parking Facility (parking spaces numbered
300-486).
2. TERM. This Agreement shall be for a term of twenty four (24) months beginning on the date
of the issuance of a certificate of Occupancy or Temporary Certificate of Occupancy, or their
equivalent, for Tenant is irestaurant store located at 5900sw 73 St suite 103 South Miami Fl
33143 by the City of South Miami (CO Date) January 1, 2010, the Effective Date, and
terminating on January 1, 2012, the last day of the 24`h month. Following the CO date
(Termination Date)
3. RENT. Tenant agrees to pay the base monthly rent of seven hundred and fifteen Dollars
($715.00) per month, plus applicable sales tax ($50.05), for the first twelve (12) months
following the Effective Date, in advance on or before the first day of each month to Landlord
or his agent by mail or in ;person to Landlord at the address listed below.
4. RENT COMMENCEMENT. Payment of parking space lease, plus applicable sales tax, shall
commence on the earlier of CO Date (parking space lease commencement date)
5. RENT ESCALATION. There will be no rent escalation, since this is only for Parking Space
Lease.
6. LATE CHARGE. If Tenant fails to pay to Landlord when due any installment of the Rent or
other sum due to Landlord., Landlord will incur additional expenses and inconvenience in an
amount not readily ascertainable and which has not been elsewhere provided for between
Landlord and Tenant. If Tenant fails to pay Landlord any installment of Rent or other sum to
be paid hereunder within five (5) days after its due date, Tenant agrees to pay a late charge.
7. TERMINATION. The Landlord may terminate this. Agreement fifteen days after written
notice if the Tenant is in breach of this Agreement, including any abuse of parking privileges
and/or violations of any applicable, laws, statutes, regulations, ordinances or posted parking
garage policies.
8. TENANT'S USE. Tenant agrees to use the Parking Space for business purposes only, and
further agrees not to use ! the Parking Space or any part thereof for any illegal or improper
purposes; and Tenant further covenants that the Parking Space will not be used for any
purpose that will violate any policies of insurance on the Parking Facility or the premises in
which said Parking Facility is located or which will increase the rate of premium thereof
Tenant shall not permit any noise, disturbance or nuisance within the confines of the parking
areas that would be detrimental to Landlord, Landlord's tenants or its neighbors. Tenant's
access to the Parking Spaces shall be through the Landlord's decal program or its
replacement, at Landlord's sole discretion.
9. NOTICES. Wherever any notice is required or permitted hereunder, such notice shall be in
writing. Any notice or document required or permitted to be delivered hereunder shall be
deemed to be delivered whether actually received or not, three (3) .business days after it is
deposited in the United States mail, postage prepaid, Certified or Registered Mail, Return
Receipt Requested, or none (1) business day after deliver to a nationally recognized courier
service, addressed to the parties hereto at the respective addresses set forth below, or at such
other address as a party may have hereafter specified by written notice.
Landlord: Mark Richman Properties, Inc.
5829 SW 73`a Street, Suite 1
South Miami, FL 33143
Tenant: Tabu Group LLC.
South Miami, FL 33143
10. DEPOSIT. Not Applicable
11. DISCLAIMER. Tenant affirms his understanding that Landlord does not furnish attendants
for the parking of automobiles, and if any employee of Landlord shall, at the request of the
Tenant or Tenant's employees, guests or invitees handle, move, park or drive any vehicle
placed in the Parking Facility, then, and in every case, such employee shall be deemed the
agent of Tenant, and Tenant, note Landlord, shall be liable for any lOoss, damage, injury or
expense that may be suffered or sustained in connection therewith or arising from the acts of
Tenant or any employee who may be acting as agent of Tenant. This Parking Facility only
provides Parking Spaces and does not provide'safekeeping for vehicles. Landlord will not be
responsible if the vehicle of a principal, owner, employee, guest or invitee of Tenant is stolen
,or damage. Any attenda xis that may be present at the Parking facility are unable to verify the
ownership of vehicles departing the Parking Facility. ALWAYS LOCK VEHICLES.
Landlord is not responsible for items left in any vehicle parked in the Parking Facility. The
-Tenant and its employees, guests and Invitees Park at their own risk and the Landlord takes
no responsibility for valuable or possessions left in vehicles or any third party damage that
could occur while vehicles have been left in the Parking. Facility and/or Parking Spaces.
Landlord is not responsible for fire, theft, damage to, or loss of car or any article left in the
Parking Facility and /or Parking Spaces, and all such risk shall be assumed by the Tenant.
The 5 M.P.H. speed limit must be observed at all times.
12. TOWING. Vehicles parked outside of designated parking spaces are subject to towing by
Landlord and/or Landlord's agent at -the Tenant's expense. Tenant assumes sole
responsibility and cost should its vehicle be towed.
13. AUTHORITY. The person(s) executing this Agreement. on behalf of Tenant hereby
represent and warrant to Landlord that such execution has been duly authorized by all
requisite action of Tenant so that upon such execution this Agreement will be binding upon
and enforceable against Tenant in accordance with its terms.
14. BINDING EFFECT. This Agreement shall be effective only when it is signed and delivered
by both the Landlord and Tenant. The Tenant's submission of a signed Agreement for
review by the Landlord does not give the Tenant any interest, right or option in the Parking
Spaces.
15. BROKERS. Landlord and Tenant represent and warrant to the other that they have not dealt
with any broker in connection with this Agreement. Landlord and Tenant agree to indemnify
and hold the other harmless from all costs, losses, damages and expenses .(including, without
limitation, reasonable attorney's fees and expenses) arising out of any breach of this
representation and warranty.
16. CHOICE OF LAW; VENUE; SEVERABILITY. The laws of the state of Florida shall
govern the interpretation,; validity, performance and enforcement of this Agreement. Venue
for any action under this Agreement shall be in Miami -Dade County, Florida. If any
provision of this Agreement is held to be invalid or unenforceable, the validity and
enforceability of the remaining .provision of this Agreement shall not be affected thereby.
17. ENTIRE AGREEMENT.; This Agreement contains the entire agreement between the parties,
and no agreement shall be effective to change, modify or terminate this Agreement in whole
or in part unless the agreement is in writing a duly signed by the party against whom
enforcement is sought.
18. EXCULPATION OF LANDLORD. The liability of Landlord (and its partners, shareholders
or members) to Tenant (or any person or entity claiming by, through or under Tenant) for any
default by Landlord under the terms of this Agreement or any matter relating to or arising out
of the occupancy or use of the Parking Facility and/or Parking spaces shall be recoverable
only from the interest of Landlord in the Parking Facility (and any proceeds from the sale
thereof), and Landlord (and its partners, shareholders or members) shall not be personally
liable for any deficiency.
19. ASSIGNMENT. Tenarit agrees not to assign this Agreement with the prior written
permission of Landlord.
20. SUCCESSORS AND ASSIGNS. The terms, provisions and covenants contained in this
Agreement shall insure to the benefit of the binding upon the parties hereto and their
respective successors and'permitted assigns.
21. WAIVER. One or morewaivers of any covenant, term or condition of this Agreement by
either party shall not be construes as a waiver of a subsequent breach of the same covenant,
term or condition. The consent or approval by either party shall not be construes as a waiver
of a subsequent breach of the same covenant, term or condition. The consent or approval by
either party to or of any act by the other party requiring such consent or approval shall not be
deemed to waive or render unnecessary consent to or approval of any subsequent similar act.
21. Without limiting the foregoing, receipt by Landlord of -any Rent with knowledge of a breach
of any covenant or agreement contained in this Agreement shall not be deemed a waiver of
such breach, and no waiver by Landlord of any provision of this Agreement shall be deemed
to have been made unless,,i expressed in writing and signed by Landlord.
22. LEGAL EXPENSES. If any action or proceeding is commenced by either Landlord or
Tenant, the prevailing party shall be reimbursed for reasonable costs and attorneys' fees
(regardless of whether a judgment is rendered in such action or proceeding).
23. INTERPRETATION. Captions throughout this Agreement are for convenience and
reference only and the words contained therein shall in no way be held to :explain, modify,
amplify or add in the interpretation, construction or meaning of the provisions of this
Agreement.
24. FORCE MAJEURE. Neither party shall be required to perform any term, condition, or
covenant in this Agreement so long as such performance is delayed or prevented by force
majeure, which shall mean acts of God, labor disputes (whether lawful or not), material or
-labor shortages, restrictions by any governmental authority, civil riots, floods, and any other
cause not reasonably within the control the party claiming force majeure and which by the
exercise of due diligence such party is unable, wholly or in part, to prevent or overcome.
Lack of money shall not l!e deemed for majeure.
25. ESTOPPEL CERTIFICATE. Tenant shall with ten (10) days written request from Landlord
furnish to Landlord, without cost, a written instrument certifying to Landlord:
a. That this Agreement is unmodified and in full force and effect (or if there has been a
modification that the same is in full force and effect, as modified), and stating the
modifications:
b. The dates, if any, of the Rent due and payable under this Agreement which remains
unpaid;
c. Whether the Landlord has failed to perform any covenant term or condition under this
Agreement and the nature of such failure, if any; and
d. Such other reasonable' information as may be requested by the Landlord.
IN WITNESS WHEREOF,; the parties hereto
written above.
have executed this Agreement on the date first
MARK RICB AN PROPERTIES, INC.,
a Florida Corporation
By .
Nafne, Title:, Annx-foung, Vi e- President
Tabu Group LL
4r '
Name, Title:
To: Honorable Chair &
Planning Board Members
From: Thomas J. Vageline) Director
Planning and Zoning Depart
South Miami
kxftxl
All-America City
1 ' --
2001
Date: May 26, 2009
Re Supplemental Report
Special Use Approval Restaurant
5900 SW 73 Street.
PB -09 -007 SUPPLEMENTAL REPORT
Applicant: Tabu Group LLC.
Location: 5900 SW 73`d 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 5900 SW 73rd STREET WITHIN THE "SR (HD -OV)" SPECIALTY
RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN
EFFECTIVE DATE.
PREVIOUS PLANNING BOARD ACTION
The subject application was before the Planning Board at its April 28, 2009 meeting. After a
public hearing and discussion the Board deferred action on the item. The Board requested
additional data concerning:
A. Whether or not the eleven on- street parking spaces currently credited to the building
(at 5900 SW 73 Street) and counted as required parking was actually assigned to another
building recently built in the vicinity;
B. Is there a lease which allows the use of the existing parking lot at the rear of the
building by other businesses in the vicinity. '
A. ON- STREET PARKING CREDITED TO 5900 SW 73rd STREET BUILDING.
(1) In the staff report dated April 28, 2009 on the special use restaurant request, the current status
of required parking for the building, it was reported: "that there are 65 required spaces
provided, 54 spaces in an on -site parking lot at the rear of the building and 11 spaces on-
street abutting the property on SW 73rd Street and SW 591h Avenue ".
(2) A examination of the Department's off - street parking records indicates that in 1998 a new
three story building was approved for 5920 S. Dixie Highway by Robins Building
Enterprises. The required parking spaces for the entire complex was significantly reduced by
incentives then in effect. The approved site plan for that project also showed that their
5900 SW 73 St.
Supplemental Report - Special use
May 26, 2009
2
remaining required parking spaces were partially satisfied by counting 16 on- street metered
spaces on the east side of Dorn Ave. and the north side of SW 73rd Street.*
(3) In 2000 a restaurant was approved on the ground floor of the new building constructed at
5920 S. Dixie Highway. The additional required parking of 46 spaces was satisfied by a
parking space credit and a requirement that 22 spaces could be satisfied by valet parking. A
lease between Robins Building Enterprises and the Metro -Rail garage provides a location for
22 spaces.*
(4) It is important to note that the required parking for the complex at 5920 S. Dixie Highway
was satisfied without using any of the on- street spaces (south side SW 73rd Street, west side
of SW 59th Avenue) now being counted as required parking for the - office building at 5900
SW 73 Street.
B. LEASE OF SPACES IN PARKING LOT AT 5900 SW 73RD STREET
(1) The owner of the building (Orense Company) in which the proposed restaurant will be
located pointed out at the Planning Board meeting that there was an existing lease with a
valet parking company (Key Parking Services) which allows the valet to use a portion of the
office /retail building rear parking lot. The owner has provided a copy of that lease which
allows for 34 of the 54 spaces in the lot to be used by the parking service in the evening
hours only on the weekend.**
(2) A copy of the (new) lease is attached. The owner has also provided a photographic record of
the usage of the rear parking lot during the day and night over a one week period.**
(3) The partial usage of the rear parking lot in the evening /week -ends will still allow for most
restaurant patrons to park in the rear lot. However, the restaurant applicant must still provide
the long term lease for the 11 required spaces in the municipal garage.
RECOMMENDATION (REVISED)
The requested special use approval for a restaurant 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 conditions is
recommended:
(1) The applicant must submit an executed long -term lease acceptable to the City
Attorney for 11 off -site required parking spaces;
(2) The applicant shall designate five (5) parking spaces in the rear parking lot and shall
indicate that the spaces are reserved for restaurant patrons.
5900 SW 73 St.
Supplemental Report - Special use
May 26, 2009
3
(3) 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:
* Status Report: Off -Site Parking Agreements, 1998 -2009
Planning Dept. Staff Report 4 -28 -09
Public Notices
* *Material Submitted by Applicant
Valet Parking Lease
Photo usage of rear lot
TJV/ SAY
X: \PB \PB Agendas Staff Reports\2009 Agendas Staff Reports \5- 26- 09\PB -09 -007 Rest. Supllemental, 5900 SW 73 Str.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, May 26, 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 7:35 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Cruz, Ms. Yates, Mr.
Whitman, Mr. Comendeiro and Mr. Farfan. Absent: Ms. Young.
City staff present: Mr. Thomas J. Vageline (Planning and Zoning Director), Sanford A.
Youkilis (Planning Consultant),), Alerik Barrios (Assistant).
Absent: Ms. Maria Stout- Tate (Administrative Assistant II), Lourdes Cabrera - Hernandez
(Principal Planner).
IV. Planning Board Applications /Public Hearings
PB -09 -007
Applicant: Tabu Group LLC.
Location: 5900 SW 73d 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 5900 SW 73`d STREET WITHIN THE "SR (HD -OV)"
SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND
PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the item into the record.
Mr. Vageline informed the Board that prior to beginning testimony on this item e -mails were
exchanged between Board members on May 24, 2009 and on May 25, 2009. He requested that
each Board member disclose whether or not the e -mails will make an impact on their decision.
Mr. Vageline commented that if any information was delivered between Board members that
information also needs to be disclosed. Mr. Comendeiro responded that the e -mails would have
Planning Board Meeting
May 26, 2009
Page 2of5
no impact on his vote. Mr. Cruz commented that he was not aware that by sending something
to staff he could not send it to the Board members. He commented that the e -mail was a basic
question to see if there was enough back up information that was requested at the last meeting
and that the e -mails won't affect his vote. Mr. Morton commented that he did respond to the e-
mail to inform Mr. Cruz that he could provide him with the information that he requested, but
Mr. Cruz had the same information and it was not discussed. Ms. Yates commented that there
was no discussion. Mr. Farfan commented that there was no discussion. Mr. Whitman
commented no discussion.
Mr. Youkilis advised the Board that the subject application was before the Board at its April
28, 2009 meeting. After a public hearing and discussion the Board deferred action on the item
and requested additional data concerning: (a) Whether or not the eleven on- street parking
spaces currently credited to the building (at 5900 SW 73 Street) and counted as required
parking was actually assigned to another building recently built in the vicinity;(b) Is there a
lease which allows the use of the existing parking lot at the rear of the building by other
businesses in the vicinity? In the staff report dated April 28, 2009 on the special use restaurant
request, the current status of required parking for the building, it was reported: "that there are
65 required spaces provided, 54 spaces in an on -site parking lot at the rear of the building
and 11 spaces on- street abutting the property on SW 73rd Street and SW 591h Avenue ".
An examination of the Department's off - street parking records indicates that in 1998 a new
three story building was approved for 5920 S. Dixie Highway by Robins Building
Enterprises. Mr. Youkilis commented that the approved site plan for that project also showed
that their remaining required parking spaces were partially satisfied by counting 16 on- street
metered spaces on the east side of Dorn Ave. and the north side of SW 73'd Street. In 2000 a
restaurant was approved on the ground floor of the new building constructed at 5920 S. Dixie
Highway. The additional required parking of 46 spaces was satisfied by a parking space credit
and a requirement that 22 spaces could be satisfied by valet parking. A lease between Robins
Building Enterprises and the Metro -Rail garage provides a location for 22 spaces. The
required parking for the complex at 5920 S. Dixie Highway was satisfied without using any of
the on- street spaces (south side SW 73`d Street, west side of SW 59"' Avenue) now being
counted as required parking for the office building at 5900 SW 73 Street.
Mr. Youkilis further advised that the owner of the building (Orense Company) in which the
proposed restaurant will be located pointed out that there was an existing lease with a valet
parking company (Key Parking Services) which allows the valet to use a portion of the
office /retail building rear parking lot (the lease which allows for 34 of the 54 spaces in the lot
to be used by the parking service in the evening hours only on the weekend). However, the
restaurant applicant must still provide the long term lease for the 11 required spaces in the
municipal garage.
Mr. Youkilis recommended approval of the application with the following conditions:(1) The
applicant must submit an executed long -term lease acceptable to the City Attorney for 11 off -
site required parking spaces, (2) The applicant shall designate five (5) parking spaces in the
rear parking lot and shall indicate that the spaces are reserved for restaurant patrons and (3) 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
Planning Board Meeting
May 26, 2009
Page 3 of 5
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. Comendeiro questioned if the off -site parking agreements are being updated and how
often are they looked at. Mr. Youkilis responded that the agreements are looked at by the
Finance Department annually. He commented that a business cannot get an Occupational
License innless these agreements are still in affect. Mr. Comendeiro requested that if an off -
site agreement is part of the application being presented to the Planning Board he would like
that agreement to be included in the package. Mr. Youkilis commented that some agreements
are private agreements between two businesses and some are with the City. Mr. Youkilis
commented that if the special use is approved, the agreement will be on file for the eleven
spaces and this will be re- examined annually by the Finance Department when the annual
Occupational License is requested.
Mr. Morton questioned how many agreements are in affect right now. Mr. Youkilis responded
that the list provided to the Board shows eleven (11) agreements in effect.
Mr. Youkilis commented that since last year businesses are now paying for the on- street
spaces that are being counted as required spaces. When renewing their Occupational License
these businesses will be paying one thousand dollars ($1,000) a space per year.
Ms. Yates questioned that if the Finance Department has to check these licenses once a year, .
it can be expected that the Finance Department will be very focused on these licenses and
agreements because it brings in money to the City.
Mr. Vageline commented that when a future applicant comes to the Planning and Zoning
Department and has a similar situation like this, staff could ask them to provide a copy of the
current leases. Mr. Morton questioned if staff receives a negative response will the Board be
informed. Mr. Vageline responded yes.
Mr. Cruz questioned if the lease presented is for five years. Mr. Youkilis responded that the
applicants lease is a five year lease with Mark Richman for spaces in the parking garage. That
lease will need to be on File with the city and acceptable by the City Attorney.
Mr. Cruz commented that a personal experience included him walking all the way from
"Origins" to the parking lot in City Hall because the valet did not know how to start the car.
Mr. Youkilis commented that the valet company goes to several locations. Mr. Cruz
questioned if there are assigned spaces in the parking garage and if the tenants are paying
double when it has been guaranteed to them that they will have a parking space reserved. Mr.
Youkilis responded that as far as he knows there are no reserved spots for businesses leasing
spaces. Mr. Cruz commented that something does not seem right when the owner of the
business is paying to lease parking spaces and the individuals using that space will still have
to pay the flat rate.
Planning Board Meeting
May 26, 2009
Page 4 of 5
Mr. Cruz questioned who keeps track of spaces being leased. Mr. Youkilis responded the
Finance Department. The parking lease that the City requires mandates the continuation of the
required 11 spaces. The space leased by a valet company is not regulated by the City.
Mr. Cruz commented that he would like to see the document of how the parking garage
works. Mr. Youkilis commented that the document is public and the City Attorney would be
able to provide it.
Mr. Whitman questioned the analysis of the on- street parking spaces. Mr. Youkilis responded
that the complex at 5920 Sunset Drive does not use any of the on- street spaces being credited
to the new restaurant. Mr. Whitman questioned the required spaces in the lot being leased out
to a third party, how frequently does this happen. Mr. Youkilis replied that there is no definite
City policy written in the code.
Mr. Whitman questioned if the Board could require a greater number of spaces to be leased.
Mr. Youkilis responded that the Board could increase the number of spaces in the restaurant's
lot to be labeled as reserved for the restaurant. However, the applicant must still produce at
least eleven spaces in an off -site location.
Chairman opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Edgar Kamel 9818 SW 146 Place Support
Mr. Kamel commented that he is a lobbiest representing the owner. He commented that the
owner is willing to put the sixteen spaces with the sign label that the spaces are for the
restaurant within the back parking lot. He commented that the measurements for the parking
are being done from walls to outside walls which include bathroom, stairs, hallways elevator
spaces and these are common areas. Mr. Kamel commented that parking is not full all day
long and also supplied the break down of number of spaces per office. He commented that the
applicant reduced the amount of spaces being leased from Friday to Monday. He commented
that the lease states that "The building tenants have priority over any of the leasing company
parking spots." He is only renting 34 and he is keeping 20 for the restaurant and the rest for
the tenants.
NAME ADDRESS SUPPORT /OPPOSE
Sharon McCain 7502 SW 58 Avenue Oppose
Ms. McCain questioned if Staff had been out to the site to count the parking spaces and
questioned how many handicap spaces are available. She asked that when calculating the
parking spaces does that include handicap spaces. Mr. Youkilis responded yes. Ms. McCain
questioned the number of meters on SW 591h Avenue. Mr. Cruz responded that the eleven
spaces on- street are shown on the plans. She commented according to the site plan there are
only 52 spaces in the lot.
Planning Board Meeting
May 26, 2009
Page 5 of 5
Mr. Cruz stated that two spaces (No's13, 36) in the southwest corner of the lot can not be
counted because they back out into each other. It was agreed that these two spaces needed to
be adjusted or the applicant must lease two additional spaces at another location. Mrs.
McCain requested that the number of spaces be recounted.
Chairman closed the public hearing.
Mr. Comendeiro stated that staff did not count the spaces correctly and he was upset that this
did not come up before. Mr. Vageline stated that staff did count the spaces and also relied
upon the sealed Engineer's drawing. However, he admitted that it may be correct that these
two spaces can not be counted. Mr. Cruz stated that staff should not be faulted for relying on a
sealed set of drawings.
The applicant's representative, Mr. Kamel suggested that it could be true that the two spaces
do not work and he will ask the surveyor to re -check the plans. He stated that if necessary
they will lease the two additional spaces at the off -site location.
Motion: Ms. Yates moved and Mr. Cruz seconded that the application for special use be
recommended for approval with the following conditions:
1) The applicant must submit an executed long -term lease acceptable to the City attorney
for 11 off -site required parking spaces;
2) The applicant shall designate sixteen (16) parking spaces in the rear parking lot for the
restaurant and shall indicate that the spaces are reserved for restaurant patrons.
3) The applicant is to submit a revised site plan showing the correct number of on -site
spaces and if 54 spaces are not indicated the applicant should lease two additional off -
site spaces; the spaces which are not usable should be shown as a bike rack area, a
motorcycle parking area or a tree.
4) 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.
Vote: 5 Ayes 1 Nay (Mr. Comendeiro)
XAComm Items \2009 \11- 17 -09 \PB minutes 05.26.09 Excerpt.doc
To: Honorable Chair &
Planning Board Members
From: Thomas J. Vageline
Director of Planning
South Miami
All-America City
F-
2001
Date: April 28, 2009
Re: Special Use Approval
Restaurant
5900 SW 73 Street.
PB -09 -0.07
Applicant: Tabu Group LLC.
Location: 5900 SW 73rd 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 5900 SW 73rd STREET WITHIN THE "SR (HD -OV)" SPECIALTY
RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING 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 applicant, Tabu Group,
LLC. is requesting a Special Use Approval to operate a new general restaurant at the above referenced
location. The location of the restaurant is on the ground floor of an existing mixed use office /retail
building. The restaurant will actually face SW 59`'' Ave. The proposed restaurant is located in the
"SR(HD)," Specialty Retail Hometown Overlay 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) The restaurant will occupy 1,600 sq.ft.; the required parking spaces for the restaurant will be 16
spaces (1 space per 100 sq. ft.). The applicant was required to provide a parking analysis for the entire
complex which includes a three story building and a new one story addition constructed in 2007. The
required parking for current uses in the building complex is 65 spaces. The applicant's plans indicate
that there are 65 required spaces provided, 54 spaces in an on -site parking lot at the rear of the
building and 11 spaces on- street abutting the property on SW 73rd Street and SW 59`h Avenue.
(permitted by LDC Section 20- 4.4(A)(1).
(2) The substitution of the proposed restaurant for a current retail use will require the applicant to provide
11 additional spaces (16 spaces -5 spaces credited to the current retail store use). In the Hometown
District a change of use in an existing building requiring additional parking spaces must provide for
these spaces by: (1) obtaining a special exception (variance) from the City Commission; or (2)
contribute an annual fee to Hometown District Improvement Trust Fund; or (3) execute a long term
lease to use surplus off - street parking spaces at another location (LDC Section 20- 4.4(F)(2). The
5900 SW 73 St.
Special use approval
April 28, 2009
applicant has selected to lease the required spaces from Mark Richman Properties (SM Parking
Garage). A letter confirming this arrangement from the Richman firm is attached.
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(B) 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(B)(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.
(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 a restaurant 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 conditions is recommended:
(1) The applicant must submit an executed long -term lease acceptable to the City Attorney for 11
off -site required parking spaces;
(2) 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
Communication from M. Richman
Copies of Public notices
TJV /SAY
X:\PB\PB Agendas StaffReports\2009 Agendas Staff Reports \4- 28- 09\PB -09 -007 Special use Rest, 5900 SW 73 Str.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, April 28, 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 7:47 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Cruz, Ms.
Yates, Mr. Comendeiro, Mr. Farfan, and Mr. Whitman
Absent: None
City staff present: Mr. Thomas J. Vageline (Planning & Zoning Director), Sanford A.
Youkilis (Planning & Zoning Consultant), Lourdes Cabrera - Hernandez (Principal Planner),
Ms. Maria Stout -Tate (Administrative Assistant II) and Alerik Barrios (Assistant).
III. Planning Board Applications /Public Hearings
PB -09 -007
Applicant: Tabu Group LLC.
Location: 5900 SW 73`d 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(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A GENERAL RESTAURANT AT 5900 SW 73rd STREET
WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT
OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the item into the record.
Mr. Youkilis stated that pursuant toSection 20- 3.4(B)(4)(b) of the Land Development Code
(LDC) the applicant, Tabu Group, LLC. is requesting a Special Use Approval to operate a
Planning Board Meeting
April 28, 2009 Excerpt
0
new general restaurant at the above referenced location. The location of the restaurant is on
the ground floor of an existing mixed use office /retail building. The restaurant will actually
face SW 59'h Ave. The proposed restaurant is located in the "SR(HD)," Specialty Retail
Hometown Overlay 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.
The applicant did provide a detailed parking analysis. There is a large parking lot in the back
of the building which has 54 spaces, and all the uses in the building add up to a requirement
of 65 spaces. There are eleven (11) on- street - metered spaces which can be counted as required
parking, and a 5 space credit. In this location, the previous vendor was a retail store but a
restaurant of this size requires one (1) space per every hundred (100) square feet; so there are
sixteen (16) spaces required. The applicant does not have adequate spaces on site. A total of
eleven (11) spaces must be provided by the applicant. To meet this requirement, the applicant
can do the following:
a) pay into the Hometown Parking Fund; or
b) ask for a special exception (which is a waiver); or
c) obtain a long term lease in an adjacent area, parking garage
or lot that has surplus parking.
The applicant has provided information that they will be leasing the eleven (I1) spaces from
Mark Richmond properties which is the South Miami Parking Garage. A letter confirming
that information was attached.
Staff recommend approval of the application with the following conditions:
1) The applicant must submit a long term lease that is acceptable to the City Attorney
with 11 off -site parking spaces.
2) Standard provision if there is any future problem to the neighborhood the special
use can be reconsidered by the City Commission and revoked.
Chairman opened the public hearing.
Speakers:
NAME
Mr. Edward Kamel
ADDRESS
No address given
SUPPORT /OPPOSE
Supports
Mr. Kamel representing the applicant, stated that they would have to find a place for the
garbage. The seating space would be a maximum of 30 -40 people. The owner would like to
have this space changed from retail to restaurant. Mr. Kamel spoke about how positive a
restaurant would be for this area.
Mr. Cruz asked the applicant if there would be outdoor seating. Mr. Kamel showed the Board
a diagram of where the seating would be outdoors. Mr. Kamel stated that at this time the
restaurant owner would come back at a different time to ask for outdoor seating.
Planning Board Meeting
April 28, 2009 Excerpt
Ms. Yates asked about how many parking spaces were in the street. Mr. Kamel stated that
3
there are 11 parking spaces.
Ms. Yates asked what type of restaurant this would be. Mr. Kamel stated that the owner
would start with breakfast and then build on it to possibly include lunch, but wasn't sure what
type of restaurant it would be.
Ms. Yates inquired if there are any other tenants that are night time tenants. Mr. Kamel
answered no.
Mr. Cruz asked the applicant how much space there is between the street and the building.
The reason for the question, was to make sure that there would be handicap assess ability. Mr.
Kamel stated that there will be enough space between the parking meters and the building.
Mr. Comendeiro interjected and reminded Mr. Cruz that the applicant was not here for outside
seating.
Mr. Youkilis was asked by Mr. Cruz if outside seating comes in front of the Planning Board.
Mr. Youkilis replied that the outside /outdoor seating issue is handled by the City Manager for
approval. But the Planning and Zoning Department staff would check the application first.
Mr. Cruz wanted to make sure that the measurement from the front of the building to the side
walk had space for handicap use. Mr. Kamel stated that there was 14 feet from the face of the
building to the gutter. The picture does not reflect the accurate measurements. Ms. Cabrera -
Hernandez interjected and stated that she had a survey which showed a dimension of 8.5 feet
from the edge of the outer face of the wall to the property with 6.5 feet sidewalk area.
Mr. Whitman inquired about the 11 parking spaces which will be going over to the parking
garage. He wanted to know if these will be for employees. Mr. Kamel said that it would
possibly be employees if not the customers. Mr. Whitman asked how parking is controlled in
the back lot. Mr. Kamal answered that there are signs that say "tenant" parking only. Mr.
Whitman wanted to clarify that difference between tenant parking and customer parking. Mr.
Kamal stated that there was enough parking in the back of the building and also in front of the
building and surrounding areas. Applicant did say that the valet parking would be the best
thing to do in the future due to the fact that parking is busy all the time.
Mr. Comendeiro wanted to know if the parking lot in back of the building was being leased
by Deli -Lane Restaurant. Mr. Kamal said he did not know. Mr. Comenderio inquired with
City staff but Mr. Youkilis said he did not know.
Mr. Cruz asked the owner of the building if he leased out the parking lot at night to other
restaurants. The applicant replied that there was a lease in effect. -Mr. Cruz wanted to make
sure that the entire 16 spaces would be available for parking for customers at this particular
site instead of renting it out to others at night.
Mr. Youkilis stated that a condition of having sixteen spaces at night for this applicant can
also be required.
Mr. Comenderio asked if anyone knew how many spaces other restaurants had and when was
Planning Board Meeting
April 28, 2009 Excerpt
the last time the City looked into it. Mr. Youkilis answered the last time an analysis was done
was possibly when they built the new Amster Building; approximately six (6) years ago.
4
Mr. Morton interjected and added to the question, if the sixteen parking spaces are taken
away, then who's parking slots would be taken away, and would they then be out of
compliance due to the amount of /or lack of parking spaces they would then have? Mr.
Youkilis responded that he did not have the records in front of him.
Mr. Cruz stated that the owner of the building stated that their lease is month to month and the
City only checks yearly. How does this lease get regulated? Mr. Youkilis said that all leases
get approved through the City Attorney and are for five years. Ms. Yates said that these
parking issues could not be on a month to month lease basis, but instead is on a yearly base.
Mr. Cruz inquired if 11 spaces are assigned in the City garage through Mark Richmond, then
are there assigned slots, and would there be enough for everyone in the City.
Chairman opened the Public Hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Ms. Sharon McCain Not Written Oppose
Ms. McCain stated that she was appalled that this applicant came before this Board without
the proper paperwork and asking for a variance. She inquired if the gentleman who spoke was
a lobbyist and had he paid the fee. The second issue which Ms. McCain stated was that in this
City it has never not approved a special use for a restaurant. Ms. McCain stated to the Board
that this applicant came before the Board in 2005 and that this applicant had added a store and
was having an issue with the parking lot spaces. Ms. McCain wanted to know how the
building owner went from having 65 parking spaces to 47 to 54. Who else is using the ones on
the street parking spaces? Ms. McCain went on to ask how the employees will know that
there are 11 spaces in the parking garage and that they can possibly park for free. Ms. McCain
states that there aren't enough parking spaces for this restaurant and there is no landscaping
plans attached to this establishment. Ms. McCain concluded that there are not enough parking
spaces available and this item should be deferred.
Mr. Cruz asked how parking in the garage is agreed upon. Mr. Youkilis stated that it is an
agreement between the garage and the applicant.
Ms. Yates stated that she felt that how the garage is run was not the Board's business. The
issue is the spaces for this restaurant.
Mr.. Whitman interjected and said that it comes down to parking requirements. This whole
issue goes against the "spirit" of why we have a parking ordinance and that it is our business.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
John Edward Smith Not Written Supports
Planning Board Meeting
April 28, 2009 Excerpt
Mr. Smith stated that his concern is the location of the restaurant and whether or not the street
will be widened. The reason for the concern would be that if the City widens its street then
how much space would there be left for outdoor seating. There should be clarification as to
5
the 11 parking spaces because if the Board is asking for 11 spaces in the back of the building,
then 11 more spaces at the garage would be double the counting of spaces.
NAME ADDRESS SUPPORT /OPPOSE
Brad Casell Not Written Oppose
Mr. Casell stated that he was confused. He stated that the Board had said that there were 65
spaces but that at night, these spaces are leased out to someone else. Where are all these
spaces coming from? City should look to see where all these leases are coming from. He
questioned where sixteen spaces are. The information that the applicant provided is not
complete and this item should be deferred.
Chairman closed the public hearing.
Ms. Young asked why was it that the applicant was asked to provide the parking analysis
rather than the staff providing the parking analysis. Mr. Youkilis answered by saying that we
prefer to have the applicant provide this information because it requires the applicant to report
on every space inside the building.
Mr. Youkilis went on to say that the 11 spaces in the garage can be counted as required
parking.
Mr. Morton asked if the City staff would be able to determine the total parking for this
property. And as part of the approval process, staff should determine if leases exist, and if this
parking lot has available space for this restaurant.
Mr. Youkilis stated that staff can check on the use of the on- street spaces, and the lease and
report back to the Board at the next meeting.
Motion: Mr. Comendeiro moved to have this item deferred until City staff can provide the
information as requested from the Board.
Seconded by Mr. Cruz.
Vote: 6 Ayes 1 Nay (Mr. Morton)
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'CITY OFSOIJTH MIAIMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the Cily.Commission of the City of South
Miami Floiida will conduct. Public Hearings at-its ,regular.Cdy,Commission;
meeting schedpled.for Tuesday, November 77'2009 beginning at 7.30'
p:ni. in the:di(y Commission Chambers, •6130,Sunset Dnve;'lo consider:
the following Rem(s): "
-AN ORDINANCE OF THE MAYOR AND" "CITY . COMMISSION .
`- OF- .THE -.CITY OF. SOUTH MIAMI, .FLORIDA RELATING TO .,�
THE YEAR 2010 GENERAL AND SPECIAL ELECTION OF
THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, -I
AND IV; 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 -i
THE CITY OF SOUTH MIAMI, FLORIDA' AMENDING" THE-'
.`'DEVELOPMENT AGREEMENT ADOPTED `AS .PART -OF'"
.ORDINANCE` . NO.. 12- 05-1834; AND;.A
.MENDED By
ORDINANCE N6.'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(8) IS PROVIDED FOR ALL USES LOCATED ON THE
PROPERTY AND TO UPDATE "THE CURRENT NUMBER
OF PARKING SPACES PROVIDED; PROVIDING FOR SEVER -
ABILITY; 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,;:M64MI CODE OF ORDINANCES IN ORDER TO
REMOVE'EXISTING CHAPTER 10k 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 W HICH 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... .
AN :ORDINANCE :OF - THE : MAYOR. AND THE CITY :'
.COMMISSION OF THE CITY .OF. SOUTH- MIAMI, - FLORIDA,
.-AMENDING;: :THE LAND:, DEVELOPMENT CODE - 20.6.1.." -
(A1('3LENSIjL.ED ;ADMINIS'fRATIVE_:ENT[[[ESCITY COM
' MISSION- IN ORDER TO REVISE PROVISIONS RELATED TO if
THE VOTE REOUIREMENT',OF THECITX COMMISSION ON
ORDINANCES ;AND ,RESQLUTIONS 'PERTAINING TO THE
' LAND -. USE AND "DEVELOPMENTI REGULATIONS 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..RES.OLUTION, OF THEWAYOR AND CITY COMMISSION.
OF.THE CITY OF;, 6011TH MIAMI-'RELATING TO.A REQUEST
,PURSUANT TO�S(:CTION,'40- 3.4(Bx4)(b)jOF THE LAND
- "DEVELOPMENT CODE'FOR SPECIAL USE APPROVAL TO
'LOCATE 4 GENERAL ;-RESTAURANT AT 6001. SW 70th -
. STREET. (VALENCIA BUILDING).WITHIN THE 7ODD -MU5'
. TRANSIT ORIENTED DEVELOPMENT DISTRICT -MIXED USE
-, :52ONING USE,gISTRICTaAND PROVIDINGAN EFFECTIVE.
:A RESOLUTION OF THE'IutAYOR AND CITY COMMISSION
OF THE CITY OF.SOUTH "MIAMI, RELATING TO "A REQUEST
PURSUANT'TO" SECTION;250- 3A(B)(4)(b) OF THE LAND
+DEVELOPMENT COOE'FOR: SPECIAL. USE APPROVAL TO
LOCATE " -A GENERAL:RESTAURANT�AT ".5900 SW 73rd"
STREET WITHIN THE "SR (HD -0V)" SPECIALTY: RETAIL
(HOMETOWN, DISTRICT OVERLAY) ZONING DISTRICT; AND
ROVIDING AN EFFECTIV E.DATE.
A "RESOLUTION OF TH. 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 6 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 Information, please contact the City Clerk's Office at:
305- 663 -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,w4h 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. -"
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