04-22-08 Item 23I\
South Miami
I- AmericaCl�
CITY OF SOUTH MIAMI 1111. I
• �NCOR9P27ATED� • - OFFICE OF THE CITY MANAGER
atv INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford A. Youkilis, Acting Planning Directow j)'
Date: Ap ril 22, 2008 �/ ITEM 923
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(B)(4)(b) OF THE LAND
DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT
LOCATED AT 5734 SW 72 °a STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE
Request: The Applicant, Green Monkey, Inc. Inc. has submitted Planning Board Application No. PB -08 -01.1
requesting a Special Use Approval to operate a new general restaurant to be located at the above referenced
location. The proposed restaurant is located in the "SR(HD)" (Specialty Retail Hometown District) overlay zoning
district. A general restaurant is permitted with Special Use Approval. .
STAFF ANALYSIS
(1) The applicant is proposing to open the "Green Monkey" which will be a combination yoga center and
restaurant in an existing two story building located at 5734 Sunset Drive. A yoga center is considered a
personal skills instruction studio and is a permitted as of right use in the "SR(HD)," Specialty Retail Hometown
Overlay Zoning District. A restaurant use is classified as an "S" use which requires a special use hearing
procedure.
(2) The restaurant will be on the first floor occupying 2,640 sq.ft.; in addition there will be a retail novelty shop of
614 sq.ft. The yoga studio will be on the second floor and will occupy 2,977 sq. ft.
(3) Required parking spaces are as follows: restaurant -27 spaces; retail shop- 3 spaces; yoga studio- 12 spaces. A
total of 42 parking spaces are required. The building at 5734 Sunset Dr. was constructed in 1970. The City
Commission in 1969 granted a variance (Ordinance No. 26 -69 -658) allowing for the building to be built
without off - street parking spaces. Based upon the size of the first. floor, 3,254 square feet, the building was
essentially "grandfathered" or "credited" with eleven (11) off - street parking spaces by the variance approval.
The first floor was occupied by a shoe store which would have required the same eleven (11) off - street spaces.
A new use (i.e. restaurant, yoga studio) which occupies the building and has a total parking requirement above
the current 1 l grandfathered spaces will require that additional spaces be provided. A total of 31 additional off -
street parking spaces must be provided.
(4) The applicant has advised that they will meet their additional requirement of 31 spaces by utilizing off -site
parking provisions set forth in Section 20- 4.4(F)(2), which allows parking requirements to be satisfied by a
long term lease for surplus spaces within 1000 feet. The applicant has submitted a long term lease agreement
with Mark Richman Properties Inc. which is satisfactory to the City Attorney. A copy of that lease is attached.
Planning Board Action:
The Planning Board at its March 25, 2008 meeting adopted a motion by a vote of 7 ayes 0 nays recommending
approval of the special use request with a condition.
Parking Board Comments
The City's Parking Board at its March 21, 2008 meeting reviewed the proposed application as part of its duties to
comment upon use of off -site parking to satisfy required parking. The Board adopted a motion by a vote of 4 -0
recommending that the Green Monkey application be approved with the following conditions: (1) the Parking
Board felt that the discrepancy in the Land Development Code allowing the use of leased spaces vs. payment into
the Parking Infrastructure Fund in the Hometown District should be resolved; (2). the City should consider other
options which could be used to assist in meeting parking requirements.
Recommendation:
The requested special use approval for a restaurant at 5734 Sunset Drive 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 restaurant in the future is 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
Parking Lease
Planning Department staff report (3- 25 -08)
Planning Board Minutes Excerpt (3- 25 -08)
Floor plans
Public Notices
SAY
X: \Comm ltems\2008 \4- 22- 08\PBO -08 -011 Special use Rest5734 Sunset CM Report.doc
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
4 MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE
5 LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL
6 RESTAURANT LOCATED AT 5734 SW 72nd STREET WITHIN THE "SR (HD -OV)"
7 SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND
8 PROVIDING AN EFFECTIVE DATE
9
10 WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC), the
11 Applicant, Green Monkey, Inc.. has submitted Planning Board Application No. PB -08 -011 requesting a
12 Special Use Approval to operate a new general restaurant to be located at 5734 Sunset Drive within the
13 "SR(HD)" (Specialty Retail Hometown District) overlay zoning district.
14
15 WHEREAS, a general restaurant is allowed as a special use in the "SR(HD)" (Specialty Retail
16 Hometown District) Overlay zoning district subject to meeting general conditions specified in LDC
17 Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(13)(4)(b); and
18
19 WHEREAS, the approval of a special use requires a recommendation from the Planning Board
20 and the approval of the City Commission after a public hearing; and
21
22 WHEREAS, at its March 25, 2008 meeting the Planning Board, after public hearing, voted 7
23 ayes 0 nays to recommend approval with a condition of the special use request; and
24 ,
25 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
26 recommendation of the Planning Board.
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
30
31 Section 1: The Special Use Application (PB -08 -011) submitted by Green Monkey, Inc.
32 requesting approval to operate a new general restaurant located at 5734 Sunset Drive, all located in the
33 "SR(HD)" (Specialty Retail Hometown District) Overlay zoning district is hereby approved subject to the
34 following condition:
35
36 (1) If the subject general restaurant in the future is determined by the Director of Planning, to be
37 adversely affecting the health or safety of persons residing or working in the vicinity of the
38 proposed use, to be detrimental to the public welfare or property or improvements in the
39 neighborhood, or to be not in compliance with other applicable Code provisions, the special
40 use approval may be modified or revoked by the City Commission upon notification and
41 public hearing
42
43 Section 2: This resolution shall be effective immediately after the adoption hereof.
44
45
46
47 PASSED AND ADOPTED this _ day of 92008
48
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ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
XAComm Items\2008 \4- 22- 08\PB -08 -011 5734 Sunset Rest Resolution.doc
2
MAYOR
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
City ®i South Miami
Plannine, & Zoning .Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 668 -7356
Application For Public Hearing Before Planning Board & City Commission
Address of Subiect Property: Lot(s)
Block Subdivision
5734 SW 72 Street PB
= — See Exhibit "A"
Meets & Bounds:
Applicant: Green Monkey, Inc. Phone:
(3 1 0) 666-3258
Representative: George M c A r d l e Organization:
M c A r d l e & Perez, P. A
Address: 201 Alhambra Circle, #711 Phone:
(305) 442 -2214
C
Property Owner: Balogh Erdheim, Prtrsh Signature:
MailingAddress: 777 Arthur Godfrey Rd. Phone:
(305) 785 -8394
Miami
Architect/Engineer: Phone:
Blitstein Design_.
(305) 444 -4433
_
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner's Representative Contract to purchase
— Option to purchase _LTenant/Lessee
_Owner
IS HEREBY ?0ADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
�APPLICATIONI
PLEASE CHECK THE APPROPRIATE ITEM: —
PLEASE CHECK ALL THAT APPLY:
Amendment to LDC _Variance
X . Letter of intent
—Text
Zoning Map Amendment X Special Use
p
— Justifications for change
_
PUD Approval — Special Exception
— Statement of hardship
_
PUD Major Change —Other (Waiver of Plat)
— Proof of ownership or letter from owner
—
_ Power of attorney
Briefly explain application and cite specific Code sections:
X e - L e a s e
X Current survey (1 original sealed and
S p e c i a l use permit for a
signed 11 reduced copy @ 11" x 17 ")
X 15 copies of Site Plan and Floor Plans
restaurant
1 reduced copy @ 11 " x 17"
20% Property owner signatures or
4 ( Date:
4 7
_
Affidavit attesting to mail notice sent
Section: 0 Subsection: Page) #: Amended
X Mailing labels (3 sets) and map
X_ Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correct to 's knowledge and belief.
212n/08
Applicant's Signature and title Date
Phillip Asquith, President
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed
Petition Required
Method of Payment
11/19/07
Date of PB Hearing Date of Commission
Petition Accepted
City of South Miami
PB -08 -011 Special Use - Restaurant
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i
i
GREEN MONKEY, INC.
5734 SW 72nd Street
South Miami, Florida 33143
Telephone (305) 666 -3258
February 18, 2008
Julian Perez
Planning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Letter of Intent for the Application for Special Use at 5734 SW 72nd Street,
submitted by Green Monkey, Inc. as Applicant
Dear Mr. Perez:
The structure is located on 5734 S.W. lend Street. It will have 6,231 square feet of
retail/restaurant on two floors. There will be 3,254 square feet on the ground floor and
2,977 square feet on the second floor. The ground floor will consist of 2,640 square feet of
restaurant and 614 square feet of retail The second floor will consist of 2,977 square feet
5 �c � Sk ,, of m�TThere will 31 parking spaces provided by lease.
5 Ag'lrvCUM 5i4,6y "t"4e- cvoba)
We are applying for a Special Use Permit. As required by Section 20- 7.12(A) of the
South Miami Land Development Code ( "LDC "), application is being made for special use
permit under the Hometown District Overlay Ordinance for one general restaurant to be
located on a portion of the ground floor of the above referenced structure.
We have reviewed the "Required Conditions" of Section 20- 5.8(B)(1) of the LDC and are
sure that the restaurant will not adversely affect the health or safety of any person in the
vicinity and will, in fact, have a positive affect on the public welfare and improvements in
the neighborhood.
Thank you for time and consideration.
Very truly yours,
Green Monkev.
By:
Phillip Asquith, President
PAP-KING SPACE LEASE
2008 ( "Effective Date"), AgmTMG t ( "A1 reemem) is made and entered in this y of April -4 '�, between GREEN MONKEY, INC, a Florida co
RICHMAN PROPERTIES, INC., a Florida corporation ("Landlord''). corporation ("TeriaFtt') and MARK
I. USE OF SPAC$. Landlord does hereby a
31 undesi parking p ( „ Y gr�eee to allow the Tenant to have the use of thirty -one
( ) grated ar ' Spam the parking Spaces ") at the South Miami Municipal Parldng Garage
located at 5829 S.W. 73 Street, South Miami, Florida 33143 (the "Parkins Facility") for the padcing of
vehicles of principals, owners, employees, guests and invitees of Tenant. The Parking Spaces shall
include only numbered parking spaces within the Parking Facility.
2. TEM. This Agreement shall be for a term of sixty (60) months beginning on the date of the
issuance of a Certificate of Occupancy or Temporary CertiScate of Occupancy, or their equivalent, for
Tenant's retail store located at 5734 S�<!. . 72 Stmt, South Miami. Florida 33143 by the City of south
Miami ( "CO Date') and terminating on the last day of the sixtieth (600) mouth following the CO Date
07crmination Date).
3. RR3 4T. Tenant agrees to pay Ac base monthly rent ("base Rent'), which shall be, THREE
THOUSAND ONE HUNDRED AND 00/100 DOLLARS (S3,100.00) per month, plus applicable sales
tax, for the fast twelve (12) months following the Rent Commencement Date, in advance on or before the
First (11) day of each month to Landlord or his agent by mail or in person to Landlord at the address
listed below (the "Real).
4. RENT COMMENCEMENT. Payment of rent, plus applicable sales tax, shall commence on the
earlier of CO Date or the date which is one hundred and twenty (120) days following the Effective Date
( "Rent Commencement Date'l.
5. RENT ESCALATION. Beginning on the first day of months 13, 25, 37 and 49 subsequent to
Rent Commencement Date, Base Rent shall be one hundred and three per cent (103 %) of the Base Rent in
the immediately preceding twelve (12) months, plus applicable sales tax. (E.g. the Base Rent for months
13 through and including month 24 shall be THREE THOUSAND ONE I4UNDRED NINTY THREE
AND 00/100 DOLLARS ($3,193.00), plus applicable sales tax,).
F. LATR CHARGE. If Tenant fails to pay to Landlord when due any installment of the Rcpt or
other subs due to Landlord, Landlord v(ill 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 equal to five (5) percent of the late amount.
Provision for such late charge shall be in addition to all other rights and remedies available to Landlord
,hereunder or at law or in equity and shall not be construed as liquidated damages or a penalty, or limiting
Landlord's remedies in any manner. In addition, Landlord may assess a One Hundred and No /100
Dollars ($100,00) charge for any cheek from Tenant returned to Landlord for insufficient funds.
7. TEnffNATION. 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 Packing 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 ar which will
increase the rate of premium thereof. Tenant shall not P=it any noise, disturbance or nuisance within
the confine of the parking areas that would be detrimental to Landlord,
neighbors. Tenant's access ro the P Landlord's tenants or its
replaeemr t, at Landlord's sole discmtia o S� shell be through the Landlord's decal program or its
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 one (1) business
day after delivery to a nationally recognized courier service, addressed to the parties hereto at the
written notice.
respective addresses set forth below, or at such other address as a patty may have hereafter specified by
Landlord. MRP Pmpertimjac,
18500 NE 5s' Avenue
Miami, Florida 33179
Attn: Mr. Mark Richman
Phone. 305.652.7.0! 18
Fax: 305.652.'017
Tenant: 44
Gam, 0��, T4V.
Attn: 5-71�Lf 5Vvv ie4 Ave
Phone:
Fax:
�c� vy�
310.6661, 3�-s8
1 1 e brom vp. cm tt-. oe
10. DEPOSIT. The Tenant must pay to Landlord, upon execution of the Agreement, a THREE
THOUSAND ONE HUNDRED AND 00 /100 Dollars ($3,100.00) deposit to be held during the entire
duration of this Agreement. Landlord may use this deposit to pay for any lost or damaged p=tit decals
or any delm quest amounts owed by Tenant to Landlord and Tenant shall be required to submit to
Landlord the amount of secutity deposit utilized by Landlord no later than the First (1') day of the
.following month.
11. DISCLAIMER. Tenant affirms his understanding that Landlord does not fiurnish attendants for
the parking of automobiles, and if any employee of Landlord shall, at the request of the Tenant or
Tenant's enV loyees, 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 agimt of Tenant, and Tenant, not the
Landlord, shall be liable for any loss, damage, injury or expense that may be suf%red or sustained in
connection tb wawith 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, employer, guest or invitee
of Tenant is stolen or damaged. Any attendants that may be present at the Parking Facility are unable to
verify the ownership of vehicles departing the Parking Facility. ALWAYS LACK VEMCLES.
Landlord is no 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
valuables 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.
2
ti. rownvc. vehicles
Padosx$ space or parked outside of delineated parjd
parked in an arts which is not a numbered �sPaces (i.e, not parked within only one
Landlord and/or Landlord's agent at the Tenant's expense. T ace
should its vehicle be towed Parking space) am subject to towing by
Tenant as sole responsibility and cost
13. At.7T,FiORITX. The
and warrant to Lar ITY. thtat such on(s) a Wrni this Agreement on
that u been duly authorized by ll q tenant ion of represent
upon such execution this Ag,Memerrt will be binding u on an requisite action of Term so
accordance with its terms. P enforceable against Tenant in
14- ,M NG EFFECT. This A
both the L sndlord and Temp. t shall be effective only when it is Signed and
Landlord does not give the T The Tenants submission of a signed delivered by
errant any igt9fes right or option in the parka ent for review by the
with an BROKERS. Landlord and Teml represent and
Y broker in connection with this warrant to the other that they have not dealt
other hafmless from all costs, losses, d artd Landlord and Terms agree to indemnify and hold the
attorneys' fees and expenses) arising out of an b Amsas (including, without limitation, reasonable
4 Y h of this represec tation and warranty,
16. CHOICE OF Low; VE1VtJB; SEVERAHII,
the interprw3tion, validity, Performance and Info . The laws of the State of Florida shat) govern
this Agreement shall be in Miami Dade County, �°°em'Of this Agreement. Venue for any action under
invalid or unenforceable,, the validity nd enforceability �o� If any Provision of this
shall not be affected thereby. ty of the remain Agreement is held to be
g provisions of this Yemeni
17. EMTRE AGR>�, This
no agreement shall G effective wEN to Chan Agreement contains the entire moment between change, the parties, and
the agir'eememt is in writing and duly signed by the party against whom in whole or
in part unless
enforcement is sought.
18- FXCULPA,TION OF L4NDLORD.
members) to Tenant (or any Person or anti 7110 n tity of Landlord (� its partners, shareholders or
Landlord under the tarns of this entity !d Y, througlx or under Tenant) for any default by
use of the Pa_-ki Facility Agreement or any matter relating to or arising ouL of the any d
n8 ty and/or Parloing Spaces shall be recoverable only part or
in the Parking Facility (and any proceed# from the sale thcreo Y irom the interest of Landlord
shareholders ��r members) shall not be per'saoally Diable for any deficiency.
Landlord (and its partners,
of Land ASSIGE' Tenant agrees not to assign this Agreement without the prior written
�� peCmissiou
20: ' SUCC:ESSORS AND ASSIGNS.
Ag+'cemcrtt s}AalJ inure to the benefit of and be binding Provisions and covenants contained in this
successors and permitted assigns. >a upon the Parries lkreto and their respective
21. WAIVER. One or more waivers of any covcnan
party shall not be construed as a waiver of a subsequent Bch of of this Agreement by either
The consent t approval or by either party shall not be construed as a waiver of a subs , term ondition.
same covenant., term or condition. The consent or approval by either breach of the
party requiring such consent or approval shall not bed Part' to or of any act by the other
approval of any subsequent similar act. Without limiting Lhe o foregoing, or render unnecessary consent to or
with kttowleds;e of a breach of any tovenarrt or a Bo g' receipt by Landlord of any Rent
agreement contained in this Agreement shall not be
3
deemed a waiver of such breach, and no waiver by landlord of an Provision of this A
deemed to have been made unless =prec.4ed in writi and si ed b rent shall be
y Landlord.
22. LEGAL EXPENSES. If any action or proceeding is coma
the prevailing ply shall be reimbuned for reasonable costs and attorneys, fees rc Landlord dies w Tenant,
judgment is rendered in such action or proceeding). ( gardless of whether a
23. m I'ERPRETATION. Captions throughout this Agreement
only and the words contained therein shall in no way be held to explain, convenience and reference
intetpretati-m, constntetion or meaning of the provisions of this A ��� modify. or add in the
geament.
24. FORCEE MAJEL)RE. Neither party shall be
covenant in this Agreement so long as such performae is delayed d or perform any terra, condition, or
nc
shall mean :jets of God, labor disputes (whether lawfhl or mot), material or labor shortages, refs cby
any governmental authoxity,.,civil ri0ts r:ofioods, and any other cause not reasonably within the control of
the party clfdming force majeure and which by the exercise of due diUgence such party is unable, wholly
or in part, to prevent or overcome. Lack of money shall not be deemed force majeure.
25. EV*OPPEL. CERTIFICATE. J-Vn t shall within ten (10).days written request from Landlord
furnish to Trandlo d, without cost, a written insttu rent certifying to Landlord:
(a) That this Agreemcm is unmodified and in liffl force and effect (or if there bas
been a mod(fication, that the same is in full force and effect, as modified), and
stating the Modification;
(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 maybe requested by the Landlord.
IN V6'UNESS WHEREOF, the patties hereto have executed this Aent on the date first
above written. g fi
M" PROP TIES, I F rida rati n
Nerne: chtnan
Title: Pr es ent
GREEN MONKEY, a Florida corporation
B
Name:. PW 1p quith
Title: Vice - President
4
To: Honorable Chair &
Planning Board Members
From: Sanford A. Youkilis, AICP
Acting Director of Planning
PB -08 -011
Applicant: Green Monkey, Inc.
Location: 5734 SW 72 Street
Date: March 25, 2008
Re: Special Use Approval
Restaurant South Miami
5734 SW 72 "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(B)(4)(b) OF THE
LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT LOCATED AT 5734 SW 72nd 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(B)(4)(b) of the Land Development Code (LDC) the applicant is requesting a
Special Use Approval to operate a new general restaurant at the above referenced location. The proposed
restaurant is located in the "SR(HD)," Specialty Retail Hometown Overlay Zoning District. A general
restaurant is permitted with Special Use Approval. A general restaurant shall mean an establishment
where the principal business is the sale of food and beverages to the customer in a ready -to- consume state
and where the design shall provide a sit -down area for the customers.
STAFF ANALYSIS
(1) The applicant is proposing to open the "Green Monkey" which will be a combination yoga center and
restaurant in an existing two story building located at 5734 Sunset Drive. A yoga center is considered
a personal skills instruction studio and is a permitted as of right use in the "SR(HD)," Specialty Retail
Hometown Overlay Zoning District. A restaurant use is classified as an "S" use which requires a
special use hearing procedure.
(2) The restaurant will be on the first floor occupying 2,640 sq.ft.; in addition there will be a retail
novelty shop of 614 sq.ft.
(3) The yoga studio will be on the second floor and will occupy 2,977 sq. ft.
(4) Required parking spaces are as follows: restaurant -27 spaces; retail shop- 3 spaces; yoga studio- 12
spaces. A total of 42 parking spaces are required. The building at 5734 Sunset Dr. was constructed in
1970. The City Commission in 1969 granted a variance (Ordinance No. 26 -69 -658) allowing for the
5734 SW 72 St.
Special use approval
March 25, 2008
PA
(5) building to be built without off - street parking spaces. Based upon the size of the first floor, 3,254
square feet, the building was essentially "grandfathered" or "credited" with eleven (11) off - street
parking spaces by the variance approval. The first floor was occupied by a shoe store which would
have required the same eleven (11) off - street spaces. A new use (i.e. restaurant, yoga studio) which
occupies the building and has a total parking requirement above the current 11 grandfathered spaces
will require that additional spaces be provided. In the case of this proposal 31 additional off - street
parking spaces must be provided.
(6) The applicant has advised that they will meet their additional requirement of 31 spaces by utilizing
off -site parking provisions set forth in Section 20- 4.4(F)(2), which allows parking requirements to be
satisfied by a long term lease for surplus spaces within 1000 feet. The applicant must present a,lease
agreement which is satisfactory to the City Attorney and City Commission. prior to final approval of
the special use request.
SPECIAL CONDITIONS APPLICABLE:
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 overall purpose 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(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.
(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.
PARKING BOARD COMMENTS
The City's Parking Board at its March 21, 2008 meeting reviewed the proposed application as part of its
duties to comment upon any use of off -site parking to satisfy required parking. The Board adopted a
motion by a vote of 4 -0 recommending that the Green Monkey application be approved with the
following conditions: (1) the Parking Board felt that the discrepancy in the Land Development Code
allowing the use of leased spaces vs. payment into the Parking Infrastructure Fund in the Hometown
District should be resolved; (2) the City should consider other options which could be used to assist in
meeting parking requirements.
RECOMMENDATION
The requested special use approval for a restaurant at this location complies with the LDC requirements
5734 SW 72 St.
Special use approval
March 25, 2008
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:
(!) Prior to the transmission of this application to the City Commission the applicant must present
a long term lease agreement for 31 off -site parking spaces; this lease must be satisfactory to the
City Attorney.
(2) If the proposed general restaurants are, 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
Floor Plans
LDC Section 20- 4.4(F)(2)
Copies of Public notices
SAY
X:\PB\PB Agendas StaffReports\2008 Agendas StaffReports\3- 25- 08\PB -08 -011 Special use Rest, 5734 Sunset.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, March 25, 2008
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 7:36 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Chairman Morton requested a roll call.
Mr. Jorge Cruz was duly sworn in as the new Planning Board member.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, Mr.
Davis, Ms. Yates, and Ms. Chael.
City staff present: Sanford A. Youkilis (Acting Planning Director) and Lluvia Resendiz
(Administrative Assistant).
IV. Planning Board Applications/Public Hearing
PB -08 -011
Applicant: Green Monkey, Inc.
Location: 5734 SW 72 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 LOCATED AT 5734 SW 72nd 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 advised that the applicant is requesting a special use approval for a restaurant
on the first floor and the Yoga studio which will be on the second floor. The restaurant use
requires the special use approval. Both uses combined require total of 42 parking spaces.
The building in 1969 was granted a variance allowing the building to be constructed
without off - street parking spaces. Based on the size of the first floor the building was
Planning Board Meeting
March 25, 2008 Excerpt
Page 2 of 3
credited with eleven off - street parking spaces. The first floor was previously occupied by
a shoe store which required eleven parking spaces. The new use will be credited the
eleven spaces however it must provide the additional 31 required spaces. The applicant
has advised that they have a five year lease with the City Municipal garage. The lease
agreement will be presented to the City Attorney and the City Commission prior to the
final approval of the special use. On March 21, 2008 the Parking Board adopted a motion
by a vote of 4 -0 recommending that the Green Monkey special use application be approved
with conditions: (1) the Parking Board felt that the discrepancy in the Land Development
Code allowing the use of leased spaces vs. payment into the Parking Infrastructure Fund in
the Hometown District should be resolved; (2) the City should consider other options
which could be used to assist in meeting parking requirements. Staff recommended
approval with conditions
Mr. Morton was concerned that the Board's recommendations made to the parking
moratorium ordinance have not been seen by the City Commission. He was concerned that
the Board might recommend an item having a condition regarding the parking moratorium.
Mr. Youkilis advised that the City Attorney ruled that the ability to lease spaces as listed in
section 20- 4.4(F) is available City wide including the downtown area. Therefore the
applicant will satisfy the parking requirements with a five year long term lease without
having to pay into the parking fund.
Ms. Young questioned if the language "long term lease of five years" was indicated in the
resolution. Mr. Youkilis replied it was a decision made by the City Attorney. After the five
years the business has to close if the parking lease does not continue. In doing a five year
lease the applicant is given the opportunity to lease from another parking facility. Mr.
Youkilis also advised that the parking situation may be resolved by either providing a five
year lease, paying into the infrastructure fund, or with a variance.
Mr. Cruz expressed concerns regarding the monitoring process and questioned who would
carry the responsibility to ensure that the lease would not follow through for the complete
five years. Mr. Youkilis advised that the when the annual renewal of occupational license
is applied for a copy of the parking lease is required before the renewal is issued.
Mr. Morton advised that the Yoga area illustrates showers however no dressing rooms are
illustrated. Mr. Asquith, applicant, replied that no enclosed dressing rooms were provided
due to the space limitations.
Mr. Youkilis requested that the applicant indicate whether he had problems with staff's
conditions and the applicant responded that he had no problems. Mr. McArdle advised
that once the five year parking lease is drafted he will provide staff and the City Attorney a
copy. Ms. Young questioned the name selection behind "The Green Monkey." The
applicant replied that green is a color of renewal and also a happy color associated with the
clean energy movement which is something important to them. Green is also a color
associated with Yoga. The word monkey is happy, friendly, and non gender and/or age
specific. It was a name which seemed to appeal to everyone.
Motion: Ms. Yates moved to approve the special use application as presented and Ms.
Planning Board Meeting
March 25, 2008 Excerpt
Page 3 of 3
Young seconded the motion with staff s conditions:
1. Prior to the transmission of this application to the City Commission the
applicant must present a long term lease agreement for 31 off -site parking
spaces; this lease must be satisfactory to the City Attorney.
2. If the proposed general restaurants are, 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: 7 Ayes 0 Nays
XAComm Items \2008 \4- 22- 08\PBMin- 03 -25 -08 Excerpt Rest Yoga.doc
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
VERONICA PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of .
CITY OF SOUTH MIAMI
PUBLIC HEARING 4/22/2008
in the XXXX Court,
was published in said newspaper in the issues of
04/10/2008
Affiant further says that the said Miami Daily Business
Review is a newspaper published.at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
R
Sworn to and subscribed before me this
10 � , A.D. 8
(SEAL)
Y MARIA I. MESA
VERONICA PEREZ Ily�nowCMM(SION # DD 750170
,1' - P F}}�� March 4, 2012
Bonded Thru Notary Public unde writers
V.
iJ'';1. -tlr e•U;!`s 'i ,� ''tyr3.7 L :. :r ":i •"",.} •Lr I] s _ ,
"' CITY,OF SOUTH MIAMI "
VOTICE,OF PUBLIC HEARIItIG '
' .y "ir.;-i `: it!.;:r,. x;.,1{1: ...� {.:, ,LSVr}.. �.•i.' :.r;. •._r'r...'.4..-
NOTICE IS HEREBY giveri that the City Commission of the City.of South
Miami;° Florida will conduct --P.ublic Hearings.at its regular City Commission
meeting,schedilled:for,Tuesday, April 22;.2008 beginning at 7:30 p.m.
tihzttib City Commission Chambers 6130 Sunset'Drive to consider the•
ifolltiwin items�.- a•� - `�� +'•- tr uti : L.C` �V w �s*t r
;'�'y :7kt.<� S.N'Yiei,'.��;Sr - " - >} ,t.:ti 3M �- �•3 "�P. ,�. :; ,_..•..
tc Rr;A,RESOLUTION OF THE:MAYOR'•AND CITYCOMMISSION.-'-
? OF1T,HE-CITY,OF SOUTH `MIAMI,- RELATING `TO A;REQUEST ; -
PURSUANT; TO�SECTIONr20- 3.4(B).(4)(b) »OFiTHE LAND: r
.G DEVELQPMENT�CODE •,FOR- A'SPECIAt'USE.APPROVALTO!
ryl; r.L'OCATE`;A- GENERAL--RESTAURANT LOCATED AT 5734 SW .
44,. 72nd ST REET,WITHIN;THE "SR (HD -OV) SPECIALTY RETAIL :.
(HOMETOWN- DISTRICT,OVERLAY ).ZONING DISTRICT; AND.•. `
PROVIDING AN EFFECTIVE.DATE. v i. :i -: Y .' ,.
i f+ '�: �- 9R e(%dt� m`?iJi',t•'i -{ jjsar � � ! :7:3 �" ,y�r 'Ildl:: .., Js r_�•r'•a :1- �,..�.{ .-; •, •,i. .
•A RESOLUTION „OF,THEMAYOR AND CITY COMMISSION.
P': =OF,iTHEi CITY- !QF•,SOUTH,,MIAMI; FLORIDA ?RELATING
(�tt,,JOITHE51SSUANCE OF,•A CERTIFICATE OF APPROPRIATE
;NESS �FURSUANT��TO SECTION 20- 5.19(E)(3) OF THE
IF taLAND;DEVELOPMENT,CODE FOR THE INSTALLATION OF A
fir, tiHANGING ~y,+SIGN.�YINOsTHE1.'.FIRST FLOORi” ARCADE
D. ESIGNATEDA.HISTORIG .,COMMERCIAL,BUILDING
~;LOCATED ».AT
.SUNSET, ;DRIVE,(SHELLEY,BUILDING);
e
PROVIDING-AN-EFFECTIVE DATE. t Y ^
r^t- +E:.7 ��wti2. a,J.I PIa'���i t... Y;;• �.;�'rj•.;r�t`L i.�: i.. - -u, 'r _�
' ,,o ' 4 ESOLUTIONtORTHE':MAYOR AND' CITY COMMISSION
titzrOF,,THE GITY;QFrSOUTH'.MIAMI, FLORIDA. RELATING TO
. :,tt,, THE ISSUANCE_AFF, A •.;dlfATIFICATE ;OF_`APPROPRIATE
j.;��eNESS ?PURSUANT, -TO :SECTION 20= 5A 9(E)(3) OF THE LAND
P , ti.., tDEVELOPMENT ,CODE.FOR,THE'INSTALLATION OF A WALU
�FLATnSIGN�ONA;DESIGNAT.ED HISTORIC,COMMERCIAL
['BUILDING LOCATED ATSfi 51''SUNSET DRIVE, {SHELLEY:
Fyn yBU.ILDING); ,'.PROVID.ING AN EFFECTIVE DATE:
lL:" cti�i�.fi�tict i- �:ti'.'t� I'¢isr.'F �'? 'LUbr _; ; i'ri :c�-i;1• n� %r
f�...;A,RESOLUTION OFjHE MAYOR' AND'CIT`7,iCOMM18SION:-,
cep .OFJHECITI' OF SOUTH MIAMI;'FLORIDA RELATING TO
-'THE; ISSUANCE, OF, A,:.CERTIFICATE OF APPROPRIATE -
;i ;;t; NESSP, URSUANTl�TO ;,•SECTION'•20- 5.19(E)(3)• OF THE
LAND &DEVELOPMENTy,CODE ":FORT THE = REPLACEMENT
I?,P..
- FRO'NT.,,FA�AD.E ;WINDOWS" AND- -DOORS ON A
DESIGNATED HISTORIC•- '� , COMMERCIAL'-.'; BUILDING
% � :LOCATEDd'AT,•.57i12.,SUNSET "DRIVE yi(CROSSROADS
- =- BUILDING);-PROVIDING AN EFFECTIVE DATE.
2!' AN- ORDINANCE OF THE CITY OF SOUTH MIAMI; FLORIDA;
r:':ADOPTING- THE:EVAULATION AND APPRAISAL- REPORT'
•f:,: (EAR)'BASED,TEXT, AMENDMENTS TO.THE SOUTH MIAMI
.,.fmCOMPREHENSIVE -PLAN; THE AMENDMENTS" ARE'TO
•sc' -g; THE !`;GOALS,:"3.OBJECTIVES,',AND POLICIES -FOR THE
+'FOL•LOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE
}, ZAND`:USE;TRANSPORTATION;i HOUSING;- INFRASTRUC
),;•, CR
'TURE;iCONSERVATION; :REEATION AND OPEN SPACE;
�- INTERGO,VERNMENTAL •.COORDINATION; - AND CAPITAL '
; i,- w.,IMPROVEMENTS; ;•PROVIDING'FOR SEVERABILITY, ORDI-
� •cNANCES' IN :?CONFLICT; :,AND PROVIDING. AN EFFECTIVE i
�:iy'r DATE: f s .%"•''.i;, >'r .e`r' -fi' ��' =.x� : 'i t ^.; ; °. ;�+ � ..,c. ..
- , ".';. : : :iJ�y_,: :.•.
;NOTICE' 1'
. HEREBY''also ,giver. }that,the;regulady scheduled second:
ineeU for the month of Apnl was moved from April 15.to April 22, 2008.
If.you have any inquiries on the above items please contact the Planning
DepiaAment's office at: '365-66316326.% ;T T,
ALL interested parties are invited to attend and willbe heard. ;
� Maria M. Menendez, CM_C
, City . Clerk
;x',ir's�b, ra = ?? of : :• : �'. -, Ir:i;.:: ,.:. >_ .
Pursaant,to Florida Statutes 286.0105; the City hereby advisesthe public
thatiif- a,person?.decides'to`- appeal any decision made by this Board,.
IAge.ncy,or�Commission With -.respect to any matter considered at ifs'
meeting or hearing; he or she will need a record of the proceedings, and+
that for such purpose; affected person may reed to ensure that a verbatim-
record of the proceedings is made which record iticludes.the testimony and'
evidence upon which the appeal is to be based.
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A yoga.based class also combining
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.world Champion -Martial Artist' and'
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Top quality classes to `help people
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Challengeyourfitness @earthlink.net rt
COURTESY NOTICE
'CITTOF:�SOUTH'M1AMI, FLORIDA
On Tuesday, April 22; 2008, beginning at 7:30 p.m:, in the City- Commission ..
Chambers, 6130 Sunset Drive; the City.Commission will -hold Public Hearings
to consider the following items:
A RESOLUTION. RELATING TO A REQUEST. PURSUANT TO SECTION
20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A°SPECIAL
USE'APPROVAL TO LOCATE:A GENERAL- RESTAURANT LOCATED AT
5734 SW 72'" STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT
A RESOLUTION RELATING TO THE ISSUANCE'OF'A'CERTIFICATE OF.,
APPROPRIATENESS PURSUANT TO SECTION `20= 5.1:9(E)(3)1OF THE_:
LAND DEVELOPMENT CODE FOR THEJNSTALLATION OF A HANGING.
SIGN iN THE FIRST FLOOR ARCADE: OF-A'- DESIGNATED 'HISTORIC :
COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE'(S.HELLEY,'
BUILDING). :..
A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE.OF
APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF-THE.
LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A WALUFLAT
SIGN ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED '
AT 5851 SUNSET DRIVE (SHELLEY BUILDING).:.
A RESOLUTION. RELATING TO THE ISSUANCE`UF A.'CERTIFICATE OF;
APPROPRIATENESS, PURSUANT TO. SECTION. 20- 5.1%E)(3) OF THE
LAND DEVELOPMENT CODE-FOR THE REPLACEMENT ;OF.- FRONT
FACADE WINDOWS AND 'DOORS ON ,A DESIGNATED- HISTORIC
COMMERCIAL • BUILDING - LOCATED AT 5712 SUNSET; "DRIVE
(CROSSROADS BUILDING)
AN ORDINANCE ADOPTING THE .EVAULATION . AND `;APP_RAISAL
REPORT (EAR) 'BASED TEXT AMENDMENTS TO THE SOUTH MIAMI,,
COMPREHENSIVE PLAN; THE - AMENDMENTS ARE TO THE'GOALS;
OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE-:—
—.
PLAN ELEMENTS: FUTURE'LAND-USE;TRANSPORTATION; HOUSING;
INFRASTRUCTURE;_ CONSERVATION; RECREATION . AND OPEN
SPACE; INTERGOVERNMENTAL - COORDINATION; 'MD' CAPITAL'.
IMPROVEMENTS.
NOTICE IS HEREBY given that the regularly scheduled second meeting for
the. month of April was moved from April 15 to April 22, 2008.
If you have any inquiries on the above.items. please contact the City',,Clerk's
office at: 305 - 663 -6326:
ALL interested parties are invited to attend and will be heard.' .
Maria M. Menendez, CMC=
City Clerk ' ` .
Pursuant to Florida Statutes 286.01.05, the City hereby advises the public that if a person decides
to appeal any decision made by this Board,'Agency or Commission with' 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 1
made which record includes the testimony and evidence upon which the appeal is to, be based: ' . I