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05-06-08 Item 5 PlanSouth Miami All- America city 1 I CITY OF SOUTH MIAMI �� o RgoP OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager_--L r From: Sanford A. Youkilis, Acting Planning Director -- r` Date: April 22, 2008 ITEM k 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 "d 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 -011 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 11 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. 2 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 Items\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 72 °d 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 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35_ 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 March 25, 2008 meeting the Planning Board, after public hearing, voted ayes 0 nays to recommend approval with a condition 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: The Special Use Application (PB -08 -011) submitted by Green Monkey, Inc. requesting approval to operate a new general restaurant located at 5734 Sunset Drive, all located in the "SR(HD)" (Specialty Retail Hometown District) Overlay zoning district is hereby approved subject to the following condition: (1) If the subject general 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 Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY XAComm Items\2008 \4- 22- 08\PB -08 -011 5734 Sunset Rest Resolution.doe 2 APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: r City of South Miami . 7 Plans >no, & Zon,ng 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 Subject Property: Lot(s) Block Subdivision i 5734 SW 72 Street PB — — See Exhibit "A" ;Meets & Bounds: Special Use X_�� — Justifications for change — I PUD Approval Applicant: Green Monkey, Inc. Phone: (31 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 Co X Current survey (1 original sealed and Property Owner: B a l o g h E r d h e i m, P r t r s h Signature: X signed /1 reduced copy @ 11" x 17 ") 15 copies of Site Plan and Floor Plans Mailing Address: 7.77 Arthur Godfrey Rd. Phone: (305) 785 -8394 Miami 20% Property owner signatures or lArchitect/Engineer: Phone: Affidavit attesting to mail notice sent Section: 2� Subsection: age #: 47 I Blitstein Design_, Mailing labels (3 sets) and map (305) 444 -4433 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase — Option to purchase _LTenant/Lessee APPLICATION 1S I?EREBY @.yikDE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Amendment to LDC _Variance X Letter of intent —Text Zoning Map Amendment Special Use X_�� — Justifications for change — I PUD Approval _Special Exception — Statement of hardship — I 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 Chase - L a_, a s e X Current survey (1 original sealed and Spec i a 1 use permit for a X signed /1 reduced copy @ 11" x 17 ") 15 copies of Site Plan and Floor Plans restaurant 1 red u ced copy @ 11 " x 17" 20% Property owner signatures or P3.4 �1 9) _ Affidavit attesting to mail notice sent Section: 2� Subsection: age #: 47 Amended Date: X Mailing labels (3 sets) and map X_ Required Fee(s) The undersigned has read this comppleted application and represents that the information and all submitted materials are true and correct to e b f 's knowledge and belief. 2120108 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 Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 11/19/07 City of South Miami PB-08-011 Special Use-Restaurant 5734 SW 72 Street - 0 300 600 900 N E Feet 1,200 1,500 S 5950 5799 5780 5712 6811 5750 5907 6845 5764 gw &gTR-ST— 1: �68� 101 C�, NN 0 6001 5927 5887 5890 SBBO 5801 SW 70TH ST 7001 5959 5715 5820 SW 71 ST ST _SVV 7 fST ST SUBJECTi, 6075 PROPERT ro w 703 SUNSET DR SW 72ND ST � "', 6000 7601 7600 7601 7600 7400 5875 5801 7400 5791 SW 74TH TER 7420 - — — -------- 5890 5800 5730 1 7450 7505 7500 7500 7515 7500 00 Ln 7521 7510 7520 7541 7532 7533 7530 7550 7563 7548 7549 7611 5862 7610 6143 5723 5950 ... . ...... 58 00 ----------- -- - 5738 5700 7230 co L 5885 5859 5829 5795 5750 7230 o . ..... CK SW-73RD-ST- 5940 731 7331 5824 7320 5950 7310 '321 oo ------ 5795 7320 7301 L & m 5850 5791 7390 6022 5901 _SWT4TH_ST_____� VVI � "', 6000 7601 7600 7601 7600 7400 5875 5801 7400 5791 SW 74TH TER 7420 - — — -------- 5890 5800 5730 1 7450 7505 7500 7500 7515 7500 00 Ln 7521 7510 7520 7541 7532 7533 7530 7550 7563 7548 7549 7611 5862 7610 6143 5723 GREEDY MONKEY, INC. 5734 SNV 72nd Street South liami, 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 of ammikepThere will 31 parking spaces provided by lease. " 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 Monke By: Phillip Asquith, President PARKING SPACE LEASE This Parking Space Agreetnettt ( "Agreement ") is made and entered in this 4 2008 ( "Effective Date'), between GREEN MONICEy, INC, a Florida eo Y of April RICHMAN PROPERTIES, INC., a Florida corporation ( "Landlord "). mpom>ron ( "Tenant ") and MARK 1 • USE OF SPACE,. Landlord does hereby agree to allow the Tenant to have the use of thirty -one (31) undesignated parking., (the "Parking Spaces") at the South Miami Municipal Larking Garagc located at $829 S.W. 73 Sttxet, South Miami, Florida 33.143 (the "Parking Facility") for the packing of vehicles of Principals, employees, guests anal invitees of TcQanL The Parking Spaces shall include only numbered parking spaces within the Parking Facility. 2. TERM. This Agreerent shall be for a term of sixty (60) months beginning on the date of the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, or their equivalent, for Tenant's retail store located-At 5734 S >�V. 72 Street, South Miami, Florida 33143 by the City of South Miami ( "CO Date') and tertttinating on the last day of the sixtieth (60`) month following the CO Date ( "Termination Date'). 3. RENT. Tenant agrees to pay tic 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 helve (12) months following the Rent Comn=cement Date, in advance on or before the First (18) dsy of each month to Landlord or his agent by mail or in person to Landlord at the address listed below (the "Rent). 4. RENT COMMENCEMENT. Payment of rent, plus applicable sales tax, shall commence on the earlier of CO Date or the date which is oneAundt'ed and twenty (120) days following the effective Date ( "Rent Comrnencemnent Date'). S. RENT ESCALATION. Beginning on the first day of months 13, 25, 37 and 49 subsequent to Rent Cor mencement Date, Base Rent shall be one hundred and three per cent (103 0/*) of the Base Rent in the imraediately preceding twelve (12) months, plus applicable sales tax. (E.g. the Base Rcat for months I3 through and including month 24 shall be THREE THOUSAND ONE HUNDRED NINTX THREE AND 00/100 DOLLARS ($3193,00), plus applicable sales tax,). 6. LATE CHARGE. If Tenant fails to pay to Landlord when due any installment of the Rcpt or other sure due to Landlord, Landlord v�ll 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 -it 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 IIundred and No /100 Dollars ($100,00) charge for any cheek from 7cuant returned to Landlord for insufficient funds. 7. TERAIiNATION. 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 privocges and/or violations of any applicable., laws, statutes, regulations, ordinances or posted parking garage policies. 8. TENA.NT'S USE. Tenant agrees to use the Parking Space for business purposes only, and further agrees not to use the Parking Space or any pact 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 Paring Facility or the premises in which said Parkin Facility increase the rate of premium thereof. Tenant shall not g y is located or which will the confines of tine permit any noise, disturbance or nuisance within parking areas that would be detrimental to Landlord, Landlord's tenants or its neighbors. Tenant's ace= 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 rtot, three (3) business days after it is deposited in the United States arid, postage prepaid, Certified or Registered Mail, Return Receipt Requested, or one (1) business day alter delivery to a nationally recognized courier service, addressed to the parties hereto at the respective :addresses set forth below, or at such other address written notice. as a party may have hereafter specified by Landlord: MRP Properties, Inc. 18500 NE 56 Avenue Miami, Florida 33179 Attn: Mr. Mark Richman Phone: 305.652.7098 Fax: 305.652.7017 Tenant: 6re&, r uNk- TP%e Attn: 571 1Lf 5vk, 44' �� e 3/ o G 66, 3)-5-3 Fax: ne: (J ti 1 .; P Lf 3 U oe 10. DEPOSIT. The Tenant must pay to Landlord, upon execution of the Agreement, a THRE1: 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 permit decals or any deliri quest amounts owed by Tenant to Landlord and Tenant shall be required to submit to Landlord the amount of security 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 furnish attendants for the parking of automobiles, and it any employee of Landlord shall, at the request of the Tenant or Tenant's empiayees, 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, not the Landlord, shall be liable for any loss, damage, injury or expense that may be suffered or sustainod in connection ftrewith 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 s :olen of damaged. Any attendants that may be present at the Parking Facility are unable to verify the ownership of vehicles departing the Parking Facility. ALWAYS LOCK VEMCLES. Landlord is nct 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 12' 7)WING_ Vehicles parking space or parked in Parked outside of delineated parking spaces (i.e. not parked within and on Landlord and/or La area which is not a numbered Parking space) ndlord's agent at the T P ) are subject to towing y e should its vehicle be towed enant's expense. Tenant assumes sole responsibility by Pon.4ibility and cost 13. ArJTHORITy, The person(s) executing this A and warrant to Landlord that such ex greeMent on behalf of x errant hob r re that upon such execution this A ecution been duly authorized by all requisite action offT sent accordance with its terms. &reemr�tcnt will be binding upon and enforceable a naat so gainer Twat in 14- BIrJI7II+iC3 EkFECT. This .A both the Landlord and Tenant, Agreement shall be effective only when it is Signed Landlord does not give the T The Tenant's submission of a signed and delivered by gnant any irltgr'est, right or option in the Parking for review by the 1. 15. BROKERS. Landlord and T- � Spaces. cAant represent and warrant to the other that they, have not dealt with any R K in connection with this other hamlirss from all costs, losses, Agreement. Landlord and Tenant agree to intdemni and hold the attorneys' fees and expenses) arising out of � and expenses (includ*,, without limitation, reasonable Y reach of this r,epreSentation and warranty, 16. CI*IOIC1r OF LAW; VENUE; SEVERAH the interpretation, validity, emend The laws of the State of Florida shall govern Y, performance and County, Florida. of this Agreement. Venue for any action under this Agreem•�nt shall be in Miami-Dade County, Flrida, If an invalid or unenforceable,, the validity and enforceability of the provision this shall not be affected thereby. Agreement is held ro be g provisions of this .A,greefient 17. ENTTRE AGRE EMENT• This ASreem►cnt contains the entire no agreement shall be effective to change, trod• or moment between the parties, and the agreement is in writing and duly sighed by the y terminate this Agreement in whole or in ti party against whom enforcement unless 18. £XCULpA,TION OF LANDLORD• rcernent is sought. members) to Tenant (or any pin or entity claiming bty ° f Landlord (and its partners, shareholders or Landlord under the tens of this t !3 Y' through or under Tenant) for any default by use of the Pa--Id Facility n&or� t or any matter relating to or arising out of the occupancy or tY Parking Spaces shall be recoverable only in the Parkiltg Facility (and any Proceedi from the sale thereo y from the Interest of Landlord shareholders ')r members) stall not be personally liable for any deficiency. Landlord (and its partners, 19. A.SSIGNMEIVT, Tenant agrees not -to assign this Agreement without the riot written of Landlord. P permissiolt -20.' ' SUCC ;>CSSORS AND ASSIGNS. ?he tarns , zn Agreement shall inure to the benefit of and be binding provisions and covenants contained in this successors and Permitted assigns. t= upon the parties hereto and their respective 21. WA,IVER• One or more waivers of any covenant, term or condition, of this A Parry shall not be construed it a waiver of a subsequent breach of the same Agreement by either The consent or approval covem�attt, term or condition. �' eider' PAY shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent or a Party requiring such consent or a approval either party to or of any act by tlme other approval of any subsequent similar act. l W � not � to �a ou °r render unnecessary consent to or with knowledge of a breach of any covenant or a B g receipt by Landlord of any .Rent 1P'eetnent contained in this Agreement shall not be 3 deemed a waiver of such breach, and no waiver by Landlord of an deemed to have been made useless mpresaed in write Y Provision of this Agreement shall be :ttg and signed by Landlord. 22. LJsGAL EXPENSES. If any action or the prevail img �y shall be reimbursed for proceeding commenced by either Landlord or Tenant, reing). bl0 costs and attorneys fees (regardless of whether a judgment is rendered in such action or proceeding), 2S• IT rERPRETATZON. Captious throughout this Agreement ere for convenience and reference only and the words contained therein shall is no way be held to W interpretation, construction or meaning of the provisions of this A �m' modtfy' h�' or add in the greement. . 24. FORCBE MAJEURE. Neither party shall be required to perform an to covenant in this Agreement so long as such performance is dcla ed or revcmted by YfomEa cmdition, or shall rneart :lets al God, labor disputes (whether lawful or not), material or labor shortages, rsons which any governmental a uthority,!civil riats,vfloods, and any other cause not reasonably within the control of the party clstiming force majeure and which by the exercise of due diligence such party is unable, wholly or in pact, tw prevent or overcome. Lack of money shall not be deemed force majeure. fur ES"1'OFPFI, CERTIFICATE. 'Throat shall within ten (10).days written request from La furnish to Ltindlod, without cost, a written instttunent certifying to Landlord: Landlord (a) That this Agreement is unmodified and in full force and efrcct (or if there has been a modification. that the "nie is in full force and effect, as modified), and stating the modification; (b) The dates, if any, of the Rent due and remains unpaid; payable under this A1eesnent which (C) . Whether the Landlord has ;failed to perform any covenant teem or condition under Us Agreement and clue nature of such failure, if any; and thi (d) Such other reasonable information. as may be requested by the Landlord. rN'w'(i'NESS WEE-REOF, the parties hereto have executed this Agreement on the date .ftrst above written. MRP PR TIES, I F�rida c mti n By: Name: chtnan Title: Pres ent GREEN MONKEY, a Florida corporation B Name: Plat sp quith Title: Vice - President 4 To: Honorable Chair & Planning Board Members From: Sanford A. Youlcilis, AICIP Acting Director of Planning Date: March 25, 2005 Re: Special Use Approval Restaurant South Miami 5734 SW 72nd Street 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(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 2 (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(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. 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 Staff Reports\2008 Agendas Staff Reportsl3- 25- 08\PB -08 -011 Special use Rest, 5734 Sunset.doc BOUT U 1 N COR PORATED 1927 �OR� 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. "I 1 N A__�) Sworn to and subscribed before me this 10 , A.D. 8 (SEAL) [j-�Jin, lw9ARIA I. MESA : My CA MMISSION # DD 750170 VERONICA PEREZ ow �f March 4 2012 onded Tbru Notary Public Underwriters I CPPY ®F SO!lTFI MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City.of South Miami, Florida will conduct-Public Hearings at its regular City Commission ;meeting scheduled for Tuesday, April 22, 2008 beginning at 7:30 p.m. in .tti&..City- .Commission Chambers, 6130 Sunset Drive, to consider the following items: ` /r 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 A: SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72nd STREET WITHIN.THE. "SR (HD -OV)'. SPECIALTY RETAIL (HOMETOWN:DISTRICTOVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE. DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF +;_THE,.CITN,; OF SOUTH MIAMI; FLORIDA RELATING i ,TO;THE.ISSUANCE.OF A CERTIFICATE OF APPROPRIATE ,NESS _PURSUANT;,TO _SECTION 20- 5.19(E)(3) OF THE � LAND.DEVELOPMENT.CODE FOR THE INSTALLATION OF A HANGING :SIGN IN__ THE FIRST FLOOR ARCADE j OF ,,A; DESIGNATED- ,HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 - ,SUNSET DRIVE (SHELLEY BUILDING); „PROVIDING AN EFFECTIVE DATE. A- .RESOLUTION ORTHE MAYOR AND CITY COMMISSION OF:THE, CITY -OF :SOUTH MIAMI,. FLORIDA. RELATING TO THE. ISSUANCE :OF A CERTIFICATE OF APPROPRIATE - NESS-PURSUANT TO. SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMEN CODE FOR THE INSTALLATION OF A WALU t FLAT SIGN ON'-- _A..DESIGNATED HISTORIC COMMERCIAL ._BUILDING LOCATED,.AT.5851 SUNSET. DRIVE-:(SHELLEY BUILDING) . PROVIDING AN EFFECTIVE DATE. - .A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE- CITY -,OF SOUTH MIAMI, FLORIDA RELATING TO THE-. ISSUANCE: OF A .CERTIFICATE OF APPROPRIATE - NESS`.' PURSUANT ,TO:: SECTION 20- 5.19(E)(3) OF THE LAND ,DEVELOPMENT, CODE FOR THE REPLACEMENT OF, .FRONT . FACADE WINDOWS AND DOORS ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCAT.ED_AT 5712: SUNSET DRIVE (CROSSROADS BUILDING); PROVIDING AN EFFECTIVE DATE. AN. ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING -THE EVAULATION AND APPRAISAL REPORT (EAR), .13 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; INFRASTRUC- TURE; CONSERVATION; RECREATION AND OPEN SPACE; .;..INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS;; PROVIDING FOR SEVERABILITY, ORDI- .. - NANCES IN CONFLICT; -:AND PROVIDING. AN EFFECTIVE NOTICE„ IS. HEREBY also 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 Planning Department'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 286.0105, 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 made which record includes.the testimony and evidence upon which the appeal is to be based. 4/10 08- 3- 64/998049M .r 4® W O Ix LUO N a a r a 0 z V) 0 a a F O Cn Z E lu a .m- U) A yoga based class also combining e= Pilates and Tai Chi, instructed by -World Champion Martial Artist and fitness instructor Nicole Plummer. Top quality classes to help people i i V. improve and maintain health in .a positive and fun way. Classes held Monday, Tuesday, and Wednesday from 12:00 p.m. - 1.00 p.m. ' Academy of Martial Arts 2830 Oak Ave. Coco.onutt Grove, Fl. 33133 . . (3®.e) 5 96J-1684 ... _ Chal.lengeyourfitnes,s@Oarthhrik.net <ort COURTESY NOTICE CITY OF M.IAM19 FLORIDA On Tuesday, April 22, 2008, beginriing 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 72n0 STREET WITHIN THE _ "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT. A RESOLUTION RELATING TO THE ISSUANCE I OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-5.19(E).(3)- OF THE LAND DEVELOPMENT CODE FOR THE. INSTALLATION OF A HANGING SIGN IN THE FIRST FLOOR ARCADE OF A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). - A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 2075.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF WALUFLAT SIGN ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING). A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO. SECTION 2075.19.(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE REPLACEMENT OF FRONT FACADE C . WINDOWS AND DOORS ON A DESIGNATED HISTORIC. COMMERCIAL BUILDING LOCATED AT 5712 .SUNSET." DRIVE (CROSSROADS BUILDING): AN ORDINANCE ADOPTING THE EVAULATION AND APPRAISAL 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; AND 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, CIVIC 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 Tor such purpose, affected person may need to ensure that verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 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 V. 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 - NOTICE OF PUBLIC HEARING REGULAR CITY COMMISSION MEETING - MAY 6, 2008 in the XXXX Court, was published in said newspaper in the issues of 04/25/2008 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. /Z)' 4. /�, 2::�_ - Sworn to and subscribed before me this 25 7 , A. D._ 8 (SEAL) . V. PEREZ personal) __ _ _...__ * s r MY COEdIdiSS!O:a ; GO ?50170 EXPIRES: i0arm i. 2012 Bond Ad lhru notary rq;i;;ic underwriters YZ iu^ •tirr i ,r,aCITY�OF +SOUTH MIAMI < F " -- 10'NOTICE OF,`PUBLIC' HEARING; NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conddct;,Public. Hearings at its '-regular City Commission meeting scheduled for Tuesday, May,6, 2008 beginning at 7:30 p.m. in the City, Commission Chambers, 6130 Sunset Drive, to consider the following items". 4' t 't� • .: t `' , r - A�RESOLUTION OF,THE MAYO R'AND CITY COMMISSION OF THE CITY. OF�SOUTH MIAMI, RELATING TO A REQUEST '` "PURSUANT'.'TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE_FOR A SPECIAL USE APPROVAL TO . LOCATE A`GENERAL` RESTAURANT LOCATED AT 5734 SW 72nd STREET WITHIN 'THE, (HD -OV)" SPECIALTY RETAI ".(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AN PROVIDING AN EFFECTIVE DATE. t•A' RESOLUTION' - OF,THE MAYOR AND CITY, COMMISSION OF THE CITY 6F. CITY MIAMI, FLORIDA RELATING TO "''THE ISSUANCE'OF,:A`.CERTIFICATE OF APPROPRIATE - "' NESS'P.URSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND •` DEVELOPMENT' CODE',FOR THE _INSTALLATION OF A "`HANGING SIGN IN THE FIRST.FLOOR ARCADE OF A DESIG- ` "'NATED'HISTORIC COMMERCIAL' BUILDING- LOCATED AT "' 5851 SUNSET,DRIVE (SHELLEY BUILDING); PROVIDING AN EFFECTIVE DATE.Y' "',�' " _. A RESOLUTION OF,;THE MAYOR AND CITY COMMISSION &OF THE CITY"OF:SOUTH MIAMI, ,FLORIDA RELATING TO THE ISSUANCE.OF'"A':CERTIFICATE;'OF:APFROPRIATE- NESS PURSUANT TO SECTION, 20= 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A WALIJ . •,FLAT,;SIGN'ON`A',DESIGNATED HISTORIC "COMMERCIAL 'BUILDING-LOCATED AT 5851, SUNSET`DRIYE'(SHELLEY BUILDING), PROVIDING AN EFFECTIVE DATE:_:" •'A RESOLUTION *OF THE, MAYOR. AND CITY COMMISSION OF THE CITY OF'SOUTFitMIAMI; FLORIDA�RELATING_TO _ THE, ISSUANCE OF, A. CERTIFICATE OF APPROPRIATE- r ''NESVPURSUANT.TO SECTION 20- 5.19(E)(3).OF;THE LAND DEVELOPMENT CODE FOR THE REPLACEMENT OF FRONT DE'WINDOWS;AND ` :DOORS'ON `A 'DESIGNATED FACA,�CMMERCIAL BUILDING' LCTED`AT 5712 IC t ''SUNSET DRIVE (CROSSROADS BUILDING); PROVIDING AN I EFFECTIVE DATE' AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING .THE EVAULATION AND "APPRAISAL REPORT (EAR)'BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, •OBJECTIVES „AND POLICIES. FOR THE FOLLOW- ING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND "'USE;TRANSPORTATION;' HOUSING; ,INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTER GOVERNMENTAL ,t COORDINATION; AND . CAPITAL , IMPROVEMENTS • 'CONFLICT, FOR SEVERABILITY, 1,'ORDINANCEB;°.,IN CONFLICT_, AND. PROVIDING • AN EFFECTIVE DATE. If you have any inquiries on the 'above -items please contact the Planni; g Department's office at: 305 - 663 -6326. ' . ALL interested parties are invited to attend .and will be heard. o CI Maria M. Menendez, CMC 's^ -,q3 =_ ^rt n,4 tw , .-c V, Ci ty Clerk cis Pursuant ifo,Florida, Statutes 286.0105, the City hereby advises they public "tihatfif a Qefsoh decides to appeal any decision made by this, Board, Agency or.C'ommission'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 made which record includes the testimony and evidence upon which the appeal is to be based. 4/25 `.>;!'?01 7C - OB- 3- 1 1 4/1 0 0600 6M 70 OD 0 0 N d a a Z z N. 0 a UA m x s f s r N 0 L m a, Z E 0 V a v x E E U) 0 GET RESULTS: ACTION LINE (4 South Miami Community Center Wed & Fri 11 am Tues & Thur 7 pm Sat 9 am Cutler Ridge Park Tues 10 am Thur 11:30 am Fruit & Spice Park Sat 11 am 305 - 343 -6365 www.abideinchi.com s •()R{V� COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, May 6, 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 72nd 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- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A HANGING SIGN IN THE FIRST FLOOR ARCADE OF A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY 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 OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE REPLACEMENT OF FRONT FACADE WINDOWS AND DQORS ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5712 SUNSET DRIVE (CROSSROADS BUILDING). AN ORDINANCE ADOPTING THE EVAULATION AND APPRAISAL 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; AND CAPITAL IMPROVEMENTS. If you have any inquiries on the above items please contact the Planning and Zoning Department'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 286.0105, 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 made which record includes the testimony and evidence upon Which the appeal is to be based. NEIGHBORS CALENDAR •CALENDAR, FROM 69 • Miami Springs Recreation Center, 1401 Westward Dr., Miami Springs. Poets and Writers Forum: Monthly forum in which•poets and writers can share the joy of words;1 p.m. Satur- day, May 3; North Miami Beach Pub- lic Library, 1601 NE 164th St., North Miami Beach; free admission. 305- 932 -0907. St., Read2Succeed Tutoring Services: Sv\ Read2Succeed, Inc. offers tutoring 30 . services in various subjects, includ- ma ing reading and math, for students in kindergarten through fifth grades. Tutors include three Miami -Dade County- certified teachers and a Ac nationally certified FCAT strategist. 30 Call for appointments. Gold Coast off Railroad Museum, 12450 SW 152nd dis A yoga based class also combining Pilates and Tai Chi, instructed by World Champion Martial Artist and fitness instructor Nicole Plummer. Top quality classes to help people improve and maintain health in a positive and fun way. Classes held Monday, Tuesday, and Wednesday from 12:00 p.m. — 1:00 p.m. Academy of Martial Arts 2830 Oak Ave. Coconut Grove, Fl. 33133 (308) 798 -1684 Challengeyourfitness@earthlink.net Florida Keys Friday, May 9 ge • CEU Classes for Professionals • Green Living Awards Ceremony Saturday, • Workshops, Exhibits, Food and Entertainment Over. 90 Exhibitors 35 Green Living,,.. Educational Workshops 40'Altemative Energy Vehicles • Organic Farmer's Market ^� Activities for Children JElectric egister to win a Zappy3 EZ Scooter School Courtesy Marathon High of 350 Sombrero Beach Road EcoGoni�o (Turn at MM 50 Oceanside) • Keyswide Green Home & Garden Tours # Land & Water Eco Tours Organic Mother's Day Brunches www.keysGLEE.com for more information „ RG Mechanical krido Keys �� Reginald Garrido &1(eyyy �11