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05-06-08 Item 141 South Miami All- America City CITY OF SOUTH MIAMI ' I I.F 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 From: Sanford A. Youkilis, Acting Planning Director J Date: April 22, 2008 ITEM No. -- �y Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A TEA ROOM FACILITY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE APPLICANT'S REQUEST The applicant, Lucila Jimenez. has submitted PB -08 -014 to change the City's Permitted Use Schedule to allow a tea room within the "GR" General Retail Use Zone. The current Permitted Use Schedule in the Land Development Code only allows a tea room in the SR (downtown) and the TODD LI -4 (industrial) zoning districts as a permitted use (matter of right). It is important to note that the submitted application is a request to change the general text of the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in the zoning use district in which the use would be allowed. STAFF OBSERVATIONS (1) The applicant has advised in her March 6, 2008 letter of intent that if this amendment is approved, it is her intention to add a tea room next to her retail bakery store located at 5734 Bird Road. (2) A tea room is defined in the definition section of the Land Development Code as follows: Tea - room. Shall mean a room or shop where tea, refreshments and food are served to customers; however, there shall be no cooking on the premises. (3) The applicant's specific request would permit a tea room a "P" permitted use (matter of right) in the GR, General Retail There would be no special use hearings or conditions applied to this proposed use. (4) The current Permitted Use Schedule allows for very similar type uses such as restaurants, drinking places, bakery, and deli in the GR Zoning District as a permitted uses. 0J PLANNING BOARD ACTION The Planning Board at its April 8, 2008 meeting adopted a motion by a vote of 7 ayes 0 nays recommending that the Land Development Code Permitted Use Schedule be amended to allow a tea room as a permitted use within the within the GR, General Retail zoning district. RECOMMENDATION: It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to allow a tea room as a permitted use within the GR, General Retail zoning district be approved on first reading. Backup Documentation: Proposed Ordinance Application Applicant's Letter of Intent Planning Department Staff Report 4 -8 -08 GR Permitted Uses Planning Board Minutes Excerpt 4 -8 -08 Public notices X: \Comm Items\2008 \4- 22- 08\LDC Amend Tea Room in GR CM Report.doc 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 kill] 35 36 37 38 39 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A TEA ROOM FACILITY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; PROVIDING FOR SEVERABILTTY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Application No. PB -08 -014 was submitted to the Planning Department by Lucila Jimenez., said application requesting that Section 20- 3.3(D), Permitted Use Schedule of the City's Land Development Code be amended to permit a tea room as a Permitted Use in the "GR" General Retail zoning district; and WHEREAS, after review, the Planning Department recommended amending Section 20- 3.3(D) "Permitted Use Schedule," of the City's Land Development Code to allow a tearoom as a permitted use in the "GR' General Retail zoning district; and . WHEREAS, on April 8, 2008 after Public Hearing regarding the proposed amendment to LDC Section 20- 3.3(D) the Planning Board approved a motion by a vote of 6 ayes 0 nays recommending that a tea room be allowed as a permitted use in the "GR " Zoning District"; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH NIIAMI, FLORIDA: Section 1 That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.3 Permitted Use Schedule RETAIL AND WHOLESALE TH"E Tea Room P P 12 P * Parking requirement category No. 12 ; requires 1 space or per 40U sq It (Note: New wording in bold - underlined) ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A D D D D D IN R USE TYPE D D D D D D K M M L P P U U I I R 4 5 4 RETAIL AND WHOLESALE TH"E Tea Room P P 12 P * Parking requirement category No. 12 ; requires 1 space or per 40U sq It (Note: New wording in bold - underlined) 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 2 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4.This ordinance shall be effective immediately after the adoption hereof. . PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading - 2nd Reading- READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 52008 X: \Comm Items\2008 \4- 22- 08\LDC Amend Tea Room in GR Ord.doc APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: City of South Miami Planning & Zoning Department © City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 J8 -O F Zf -,5Z -05' Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 5 -13 giR`iJ Rof4Q Lot(s) Block Subdivision SVOTIn rot a,rK i , r� L PB = — Meets & Bounds: 0 19-,01212-6T,5 � Phone: Applicant: �-uGti� T. �r,r,en� Representative: Organization: Address: Phone: .3-$6 `tt2 -241373 Property Owner: % Signature: Mailing Address: J • S Phone: 3 J� Architect/Engineer: Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Representative Contract to purchase _Option to purchase _ enant/Lessee _Owner _Owner's APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: _ PLEASE CHECK ALL THAT APPLY. Text Amendment to LDC Variance ✓Letter of intent for change Map Amendment _Special Use Statifinentnf —Zoning 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: _ Contract to' purchase _ Current- survey (1 arigina{- sealed and C����� t✓ �tf l (.� [%� 'sigaed4- redueed-sepy @ 11° x 17 ") _Toni c� nf Site Plan and Floor Plans C"J�f vU %mil %LLD LLB �� /��/1'l / deduced -sepY @ 11 " x 17" c7 _-Nyyo Y owner signatures or - .attesting to mail notice sent /¢ PC� / -r 7--& v lJ�S t� N Zak Section: Subsection: Page #: Amended Date: ma+liflg s Q�ets) and map �- V Requited Fees) d The undersigned has read this completed application and represents that the information and all submitted materials are true and corr"to a bes f the a licant's knowledge and belief. Applicant's Signature and titl Date Upon receipt, appplications and all submitted matena s 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 - C - 0 1? Petition Required_ Method of Payment Cft.� 11/19/07 Date of PB Hearing CtO'"le Date of Commission. Petition Accepted X City of South Miami Planning Board Letter of intent 6th of March 2008 Sweet Art by Lucila, Inc., a corporation in the State of Florida whose majority owner is the undersigned, Lucila V. Jimenez, hereby requests from the City of South Miami permission to proceed with change in use of a space located at: 5738 Bird Road. Specifically, we would request a change to the Permitted Use Schedule to allow a Tea Room in the "GR" Zoning Use District. Sweet Art by Lucila currently is a retail bakery located at 5734 Bird Road, which has been in operation for approximately 10 years. An existing space contiguous to the space listed above could be used as a tea room if the change is made to the Permitted Use Schedule as set forth above. The two spaces are currently one store-front. Adding an additional seating area to the existing bakery will increase revenues and profitability to our company by allowing us to maximize the use of the space we are already occupying. It will also be a benefit to the shopping center in which it is located by attracting more customers from a different demographic than our current customer base. The requested use of the 5738 premises will be relief space for the regular bakery take- out business consisting of cakes and pastries. There will be a comfortable area for the consumption of baked goods, tea sandwiches and light savory products accompanied by coffee, tea and other appropriate non - alcoholic beverages. Sweet Art by Lucila has no intention of carrying out any complex or heavy cooking such as grilling or roasting. It is our intent to emphasize the pairing of the baked goods and small savory bites with gourmet teas and coffees. This tea house style service will be something new for the center, and will improve the public image of our already reputable Lucila Brand. I know that the project as described will enhance the appearance and quality of the shopping center, and I look forward to keeping my reputation for staying at the forefront of the latest social trends. Sincerely, Lucila V. Jimenez, C Sweet Art by Lucila PERMITTED COMMERCIAL USES IN "GR" DISTRICT Air Conditioning Sales & Services Animal Hospital or Veterinarian (S) Antique or Curio Shop Automobile Accessories & Parts (S) Automobile Dealer (S) Bait & Tackle Shop Bakery Beauty or Barber Shop Bicycle Sales & Services Boat Dealer (S) Book or Stationery Store Bowling Alley or Skating Rink (S) Bus, Transit or Taxi Terminal Business Machine Sales & Services Camera & Photo Supply Store Carpeting or Flooring Sales Clothing or Apparel Store (new only) Confectionery or Ice Cream Parlor Consumer Electronics or Music Store Cosmetics Store Counseling Services Dairy Products Store Deli Department or Dry Goods Store Drinking Place Drug, Pharmacy or Sundry Store Dry Cleaning Substation (no processing) Dry Cleaning Plant (S) Fabric or Drapery Shop Florist Gasoline Service Station (S) Grocery Store (over 4,000 sf gfa) Gift, Novelty or Souvenir Shop Glass and Mirror Sales & Services Hardware Store Hobby, Toy or Game Shop Household Appliance Store Home Furniture or Furnishings Store Jewelry Store Lawn &.Garden Supplies Lawnmower Sales & Services Lighting Fixtures Store Liquor Store Mail & Parcel Center Massage Therapist Mobile Automobile Wash/Wax Service (S) Motorcycle Dealer (S) . Offices (professional) Office Supplies Paint Glass & Wallpaper Store Parking Lot, Commercial Pet Sales or Grooming Services Plant Nursery or Greenhouse Plumbing Shop Poultry, Meat or Seafood Market Quick Printing Radio & TV Broadcasting Station Recreational Vehicle Dealer (S) Restaurant, Convenience (S) Restaurant, General (S) Sewing, Needlework or Piece Goods Store Shoe Store Sporting Goods Store Tobacco Shop Used Merchandise Store: Antiques Used Merchandise Store: Consignment Goods (S) Used Merchandise Store: Secondhand Goods (S) Variety. Store XALand Development Code1PERMIT7ED USES studiesTERMITTED USES IN OR DISTRICT.doc OUT U � " CORPORATED 1927 South Miami I- America Ci j 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Sanford A. Youkilis Acting Planning Directo Date: April 8, 2008 RE: LDC Amendment Permit Tea Room use in GR District PB -08 -014 Applicant: Lucila Jimenez AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A TEA ROOM FACILITY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE .DATE BACKGROUND The applicant, Lucila Jimenez. is proposing to open a tea room on Bird Road within the "GR" General Retail Use Zone. The current Permitted Use Schedule in the Land Development Code allows a tea room in the SR (downtown) and the TODD LI -4 (industrial) zoning districts as a permitted use (matter of right). The submitted application is a request to adjust the Permitted Use Schedule to allow a tea room as a permitted use in the GR zoning district.. It is important to note that the submitted application is a request to change the general text of the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in the zoning use district in which the use would be allowed. STAFF OBSERVATIONS (1) A tea room is defined in the definition section of the Land Development Code as follows: Tea -room. Shall mean a room or shop where tea, refreshments and food are served to customers; however, there shall be no cooking on the premises. (2) The _applicant's specific request would permit a tea room a "P" permitted use (matter of right) in the GR, General Retail There would be no special use hearings or conditions applied to this proposed use. (3) The current Permitted Use Schedule allows for very similar type uses such as restaurants, drinking places, bakery, and deli are allowed in the GR Zoning District as a permitted uses. (4) The applicant has advised in her March 6, 2008 letter of intent that if this amendment is approved, it is her intention to add a tea room next to her retail bakery store located at 5734 Bird Road. LDC Amendment Permitted Use Amendment April 8, 2008 2 SPECIFIC LDC AMENDMENTS In order to accomplish what is requested in the application Section 20- 3.3(D) Permitted Use Schedule must be amended as follows: JC1.1.1V11 GV —J.✓ L 1 a.a l ZONING DISTRICT R L M N S G T T T T T H .P P C P O O O R R R O 0 0 0 0 I R O A D D D D D N R USE TYPE D D D D D D K M M L P P U U I I R 4 5 4 T1TT A TT A XT71 Tx7TJnlr -V CAT T'i Ti? A T1F All, A tvAlI 2"" V L1 Tea Room P P 12 P Ann ....A " rarKing requiremriu cuugmy ivv..c , 1c4uu— , ,Yu.,..... F— y . (Note: New wording in bold - underlined) RECOMMENDATION: It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to allow a tea room as a permitted use within the GR, General Retail zoning district be approved Attachments: Application Applicant's Letter of Intent GR Permitted Uses Public notices SAY X: \PB \PB Agendas Staff Reports\2008 Agendas Staff Reports \4- 8- 08 \PB -08 -014 LDC Amend Tea room in SR.doc X04 s o u T r k � U " INCORPORATED • 1 927 A • ORty CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, April 8, 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. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Davis, Ms. Yates, and Mr. Cruz. Absent: Mr. Farfan and Ms. Chael. City staff present: Sanford A. Youkilis (Acting Planning Director) and Lluvia Resendiz (Administrative Assistant). III. Planning Board Applications/Public Hearing PB -08 -014 Applicant: Lucila Jimenez AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A TEA ROOM FACILITY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Action: Mr. Morton read the item into the record. The applicant, Lucila Jimenez is proposing to open a tea room within the General Retail "GR" district on Bird Road. The current Permitted Use Schedule in the Land Development Code (LDC) allows very similar type uses such as restaurants, drinking places, bakery, and deli in the GR zoning districts as a permitted use. The submitted application is a request to adjust the Permitted Use Schedule to allow a tea room as a Planning Board Meeting April 8, 2008 Excerpt Page 2 of 2 permitted use in the GR district. If approved it is the applicant's intent to add a tea room next to her bakery store located at 5734 Bird Road. It is important to note that the submitted application is to change the general text of the LDC and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in the GR district. It is important to note that a tea room is not considered a restaurant. Staff recommended that the request to allow a tea room as a permitted use within the GR zoning district be approved. Mr. Morton questioned what the previous use was of the proposed location (5734 Bird Road) and whether or not the parking requirements will be met. Ms. Jimenez, applicant, advised that the business used to be a scrap book retail store. However, she took over the space in order to have additional seating for her bakery customers. She advised that the tea room proposal is due to many patrons requesting that a seating area should be provided for enjoyment of the pastries and to have something more refined. Mr. Cruz questioned how the space- will be modified and whether or not she could expand without going through the process. Ms. Jimenez replied that more tables will be added making the location more "tea room" oriented. Currently the bakery has no space for a seating area to enjoy the pastries however with a tea room the patrons may have that privilege. Motion: Ms. Yates moved to approve the request to change the permitted use schedule to allow a tea room in the General Retail zoning district and Ms. Young seconded. Vote: 5 Ayes 0 Nays XAComm Items\2008 \4- 22- 08\PB- Min- 04 -8 -08 Excerpt Tea.doc