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05-20-08 Item 18South Miami All- America City CITY OF SOUTH MIAMI 1 I r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members f the City Commission Via: Ajibola Balogun, City Manager From: Sanford A. Youkilis, Acting Planning Directo Date: May 20, 2008 ITEM / 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 72nd 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- 1.2 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 I 1 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 1.000 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 1 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(13)(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 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 , 2008 48 49 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.doc 2 APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: Miami City of South Plarining & 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 c& & City Commission Address of Subiect Property: Lot(s) Block Subdivision 5734 SW 72 Street- PB —See Exhibit "A" !Meets & Bounds: XSpecial Use _ Justifications for change 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 d S p e c i a l use permit for a Property Owner: B a l o g h E r d h e i m, P r. t r s h Signature: X Mailing Address: 7.77 Arthur Godfrey Rd. Phone: (305) 785 -8394 1 reduced copy @ 11 " x 17" Miami _ X_ 20% Property owner signatures or Affidavit attesting to mail notice sent Mailing labels (3 sets) and map ,Architect/Engineer: Phone: X Required Fee(s) o Blitstein Design_. _ _ (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 IS HEREBY FA,ADE 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 XSpecial Use _ 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 X Ggniract irchase - L- e a s e Current survey (1 original sealed and d S p e c i a l use permit for a signed /1 reduced copy @ 11" x 17 ") X 15 copies of Site Plan and Floor Plans € restaurant 1 reduced copy @ 11 " x 17" _ X_ 20% Property owner signatures or Affidavit attesting to mail notice sent Mailing labels (3 sets) and map 3.4 1 9) •Section: 2 0 Subsection: age #: 4 7 Amended Date: 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 f 's knowledzge and belief. 2/20/08 Applicant's Sipature 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 Hearin Petition Accepted_ Date of Commissio 6001 7001 LIJ 5959 SW 71ST ST 6075 City of South Miami PB-08-011 Special Use-Restaurant 5734 SW 72 Street - 0 300 600 900 N Feet 1,200 1,500 5950 5798 1 "1 .,' , 5780 5 712 a I 6811 i 5950 R 5800 S 5750 cv 6z' 5700 5907 5885 5859 5738 6945 5 764 5829 . ...... 5750 7230 -ST— 5795 U) ", IC; Q) --SW-73RD-ST- 6 '9 5940 LLJ 7311 a. "9' sssO 7320 5950 5927 5887 q& 05 7320 7301 5890 5850 L ------- 5801 §: 5791 7390 6022 0. VO 5901 SW 70TH ST LO U) 5715 5820 - W7TST_ST_ SUBJECT I'_ �2 PROPERT F ICIP. 5703 r SUNSET DR SW 72ND ST i 5950 R 5800 S cv 6z' 5700 % 7230 5885 5859 5738 j 5829 . ...... 5750 7230 5795 Z3 --SW-73RD-ST- 5940 LLJ 7311 5 7331 824 7320 5950 7321 1 7310 w 5795 7320 7301 Lo 5850 L ------- §: 5791 7390 6022 0. VO 5901 _SWT4TR­S'r- 5901 5875 5801 7400 7400 5791 SW 74TH TER 7420 7410 j 7441 7420 7440 1 7430 5890 5800 u) 5730 j 7450 Lo; ALJ 7500 X511 7 5 1 -- 7515 7505 7500 7500 : 7520 7540 7520 7 500 m Lo 7521 7510 7520 7541 7532 U) 7533 8 i 5991 1 7563 7548 7530 7550 — ----- 7549 710-00 (_760_1_76_00 7601 7600 7611 5862 0 761 5721 GREEN MONKEY, INC. 5734 SI V 72nd Street South Miami, Florida 33.143 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 cc;� of nffisii.,pThere will 31 parking spaces provided by lease. �I' s 10fVCUM 51 rdW - CYca,q,t� 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 7. By: Phillip Asquith, President PARKING SPACE LEASE This Parking Space Agreement (" Agreement") is made and entered in this 2008 ( "Efi'ective Date'), between GREEN MONKEY, INC, a Florida co day of April RICHMAN PROPERTIES, INC., a Florida corporation (`Landlord "). zPoration ( "Tenant ") and MARK I• USE OF SPACE. Landlord does hereby agree to allow the Tenant to have the use of thixty -ooze (31) undesignated parking spaces (the "Parking Spaces ") at the South Miami Municipal Parking Garage located at 5829 S.W. 73 Street, South Miami, Florida 33.143 (the "Par Facility' } for. the parkuzg 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• TERM. This Agreement shall be for a term of sixty (60) months begintzing on the date of the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, or their equivalent, for Tenant's retail store lo Occupancy 5734 SVGV. 72 Street, South Miarni, Florida 33143 by the City of Soutb Miami ( "CO Date') and terminating on the last day of the sixtieth (60 °) month following the CO Date ( "Termination Date). 3. RENT. Tenant agrees to pay jWc base monthly rent ( "Base Rent'), which shall be THREE THOUSAND ONE HUNDRED AND 00/100 DOLLARS (53,100.00) per month, plus applicable sales tax, for the first t*4 elve (12) months following the Rent Commencement Date iA advance on or before the First (1a) (L%y 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 rcpt, plus applicable sales tax, shall commence on the ea ;tier of CO Date or the date which is one.hundied and twenty (120) days following the Lffective Date ( "Rent Commencement Date ")_ S. 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 nmontizs I3 through and including month 24 shall be THREE THOUSAND ONE IIUNDRED NINTy THREE AND 00/100 DOLLARS ($3;193,00), plus applicable sales tax,). 6. LATE CHARGE. if Tenant fails to pay to Landlord when due any installment of the Rcpt or Other sum du a to Landlord, Landlord Will incur additional expenses and inconvenience in an amount not readily ascertainable and which has not. beetz 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. Provisiou 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 Hundred and No /100 Dollars ($100.00) charge for any cheek from Tenant returned to Landlord for insufficient funds. 7. TERMINATION. The Landlord may terminate this Agreement fifteen days after, written notice if the Tenant is in breach of this Agreement, including any abuse of parking privileges and/or violations of any applicable., laws, statutes, regulations, ordinances or posted parking garage policies. 8. TENANT'S USE. Tenant agrees to use the Parking Space for business purposes only, and further agrees not to use the Parking Space or any part thereof for any illegal or improper purposes; and Tenant further covenants that the Parking Space will not be used for any purpose that will violate any policies of insurance on the Farling Facility or the premises in which said Parking Facility is located or which will increase the rate of premium thereof, Tenant shall not pettnit arty noise or nuisance within the cort5ncs of the Parking areas that would be detrimental to Landlord, Landlord's nuisance i its neighbors. Tenant's access to the Parking Spaces shall be through the Landlord's decal program or its replace==, at Landlord's sole discretion. 9. NOTICES, Wherever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered. whether actually received or not, three (3) business days after it is deposited in the United States mail, postage prepaid, Certified or Registered Mail, Return Receipt Requested, or one (1) business day after delivery to a nationally recognized courier service, addressed to the parties hereto at the respective .addresses set forth below, or at such other address as a patty may have hcmaftcc specified by written notice. Landlord. MRP Properties, Jac. 18500 NE Ss' Avenue Miami, Florida 33179 Attn: Mr. Mark Richman Phone: 305.652,7098 Fax: 305.652.7017 Tenant: creel, vQq/ . Attn; 971 Lf c� -, Phone: � (� I � (�i�.,` Fax: f4lo Ael,;,4� 310 666. 3�-s-3 11 e brea, "" c,4 tt , , 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 Agzeernetzt. Landlord may use this deposit to pay for any lost or damaged permit decals or any delinquent 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 if -4 any of Landlord shall, at the request of the Tenant or Tenant's employees, guests or invitees„ handle, move, park or drive any vehicle placed in the Panting 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 tnay be suffered or sustaincd in connection therewith or arising from the acts of Tenant or any employee who may be acting as agent of Tenant. This Parking Facility only provides Parking Spaces and does not provide safekeeping for vehicles. Landlord will not be responsible if the vehicle of a. principal, owner, employee, guest or invitee of Tenant is stolen or 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 no responsible for items left in any vehicle parked in the Parking Facility. The Tennant 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 oecux 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 S m.p.h. speed limit must be observed at all times. 12. TOWING. Vehicles Pa�ixg sTlace or ��� outside of delineated parki s Landlord - parked in an area which is not a numbered ng paces (i.e, not parked within Only and/or Landlard's agent at the �' bered parking space) Y one should its vehicle be towed wt's expenSe- Tenant assues sJe�c,esubJ�t to towing by lonsibility and cost 13. AUTHopiTY. The persons) exeeuti and warrant to Landlord that such of ng this Agreement on behalf of ;Tenant hereby r re that upon such execution this A won has been duly authorized by all Yep sent accordance with its term, dement will be binding upon and cnfbreab e against of Tenant so gainst Tenant in 14. t BIND'NG EFFE�-. This Agreement gr shall be effective only when it is si ed both the Landlord and Tenant• The Tenant +s submission of a signed Landlord does not give the T � and delivered by errant any iQt� rest, right or option in the) A$reernent for review by the I S- BROKERS. Parking Spaces. - andlord and Tit represent and warrant to the other that they have no! dealt with any broker in connection with this Other harmless from all costs, tosses, � cenent. Landlord and Tenant agree to indemnify and hold the attorneys fees and expenses) arising out of an 'Mses (inelu�istg, without limitation, reasonable Y reach of this r�epres;entation and warranty. 16. CI30IC>r OF LAW, VENUfr; SEVEIZAH the interpret anon, validit Performance =ent The laws of the State of Florida shall govern this AgTeem.ent shall be in tl ;Dade County Florida. � Zf any Agr eement. V�ue for any action under invalid or unenforceable,, the validity and enforceability of the P% of this shall not be affected thereby. Agreement is held to be g provisions of this Agreement i 7. E��E AGREEMENT. TMS 1 agreement shall O effective to change, eemcnt contains the entire agreement between the the agree agreement is l writing modify or terminate this Agreement in whole or inxp pan u and g and duly signed by the party against whom enforcemcat is sought. unless '8- FXCULpA,TION CF LANDLORD. members) to Tenant (or any pin or emit c aiminty Of Landlord (` its partncls, sTxarebolders or Landlord under the tcnns of this Y g by, through or under Tenant) for any default by use of the pa-lci Facili a Al'eCnnt or any matter relating to or arising Out of the occupancy or t' nd�or l'arki09 Spaces shall be recoveaable only in the ld rlciarg Facility (and any proceedO from the sale thereof), from the interest of Landlord shareholders -3r members) shall not be personally liable for any deficiency. ' d landlord (and its partners, 19. ASSIGNMENT. Tenant agrees not-to assign this Agreement without the tier of landlord. p written PeTmission '20: ' SUC(:ESSORS AND ASSIGNS. The terms Agreement slta)1 inure to the benefit of and be tcrmis Provisions and covenants contained in this successors and permitted assigns S upon the parties hereto and their respective 21. WAIVER. One or more waivers of arty covenan party shall not be construed as a waiver ofa subs uent btaaeh of thte carnet of this Agreement by either The consent ar approval covenant, term or condition. �' ��� PAY shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either deemed Part' requiring such consent or a part' to or of any act by the other approval of grey subsequent similar nett.. W Without t waive or rimer ucessary consent to or with knowIcdge or a breach of any covenant or agreement contained in this Agreement shall no e e t be 3 deemed a waiver of such breach, and no waiver by Landlord of an deemed to have been made unless expresved � writing Provision of this A8'reetnent shall be ng and signed by Landlord. 22. L'sGAL EXPENSES. if �y action or the prevailing �y shall be reimbt=ed for rea,�vnab proceeding costs � attorneys, fees (rcga Landlord of a,,hethcr a judgment is rendered in such action or proceeding), 23. 1KIT-Kl'RE TATION. Captions througliout this A only and the words contained therein shall in no way be held to explain, are for convenience and reference interpretation, construction or meaning of the provisions of this A ee n.modlfy. amplify or add in the 24. FO7tCEE MAJEU E, Neither covenant in this Fes}' shall be required to perform any tcM condition, or Agreement so long as such perfonnence is delayed or prevented by force maj�, which shalt mean ,zeta of God, labor disputes (whether lawful. or aot), material or labor shortages, restrictions by any governmental authority,.'civil riots,fhoods, and any other cause not reasonably within the control of the party clitiming force Majeure and which by the exercise of due diligence such or it1 part, t {; prevent or overcome. Lack of money shall not be deemed force majeure is unable, wholly 25. ESTOPPEL CERTEnCATE. Tiaant shall within ten l0 .da furnish to Lcmdlor¢d, without cost, a written instr=cnt eerti ( ) n written request from Landlord Bring to landlord: (a) That this Agreement is unmodified and in fuli forco and effect (or if there has been a modification, that the sane is in full force and effect, as modiSed), and stating the modification; (b) The dates, if any, of the Rent due and payable under this Agreement which remains unpaid; (�) "Ietber the Landlord liar' failed to perform any covenant teem or condition under this Agreement and the nature of such failure, if arty, and (d) Such other reasonable information as may be requested by the Landlord.. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date ..first above written. "RP P"Op TIES, I F�nda c omti n By: Name: chman Title: Pres ent GREEN MONKEY, a Florida. corporation B Name: Pbs Ip quith Title: Vice- President n W To: Honorable Chair & Planning Board Members From: Sanford A. Youkilis, AICP Acting Director of Planning Date: March 25, 2008 Ile: Special Use Approval Restaurant South Miami 5734 SW 72"d Street PB -08 -011 Applicant: Green Monkey, hie. 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 72" STREET WITHIN THE "SR (ID -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 Sidi 72 St. Special use approval March 25, 2008 (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 CONDI'T'IONS 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 shah 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 � 7 i 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 Dearing 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 72 °d STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE Action: Mr. Morton read the item into the record. Mr. 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 2of3 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. Morton: 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. ,1 Sworn to and subscribed before me this 10 A.D. 8 (SEAL) tea FHB. Iv9A.RIA I. MESA 1 '•.,� ' r I C MMISSION # DD 750170 VERONICA PEREZp Ily knowMarch4,201[ ye, uF„ °,.• BondedTnruNotaryPublicUndenvriters I � CITY OF S®IJTH MAMI 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 tlie.CW.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(B).(4)(b) OF. THE `LAND DEVELOPMENT COD FOR A: SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72rid STREET WITHINTHE '..SR (HD -OV)." SPECIALTY RETAIL ,.(HOMETOWN DISTRICT,.OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE. DATE. A RESOLUTION OF THE: MAYOR AND CITY COMMISSION -OF:; -THE _CITY -. OF SOUTH, MIAMI; FLORIDA RELATING TOc;THE :ISSUANCE.OF A CERTIFICATE OF APPROPRIATE NESS _PUR3UANT.,TO.. SECTION 20- 5.19(E)(3) OF THE LAND.DEVELOPMENT CODE FOR THE INSTALLATION OF A s;;.HANGING,;.SIGN .,,IN_t..THE FIRST FLOOR ARCADE j OF „A; DESIGNATED _:.HISTORIC . COMMERCIAL BUILDING LOCATED AT 5551 :.SUNSET DRIVE (SHELLEY BUILDING); :- :PROVIDING AN EFFECTIVE DATE. A,- RESOLUTION'ORTHE MAYOR AND CITY COMMISSION OF::T'L ITY -OF SOUTH MIAMI, FLORIDA. RELATING TO THE- :ISSUANCE OF- A• CERTIFICATE OF APPROPRIATE - NESS:-PQRSUANT,TO.SECTION 20- 5.19(E)(3) OF THE LAND . ,:.DEVELOPMENT CODE FOR THE INSTALLATION OFA WALU FLAT SIGN.,ON,'- A ;DESIGNATED HISTORIC. COMMERCIAL BUILDING LOCATED:_AT SS51 SUNSET. DRIVE :(SHELLED' 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 - NES` 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 LOCATED _• 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)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; INFRASTRUC- ;TURE;.CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL .COORDINATION; AND CAPITAL .--..-IMPROVEMENTS;; PROVIDING FOR SEVERABILITY, ORDI- NANCES IN, CONFLICT;. AND PROVIDING AN EFFECTIVE DATE.. . 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 appear 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- 64/996049M 4® 00 0 0 N J Of a a 0 z 0 a a LU T R a LU a F 0 Z. U) 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. EF Academy of Martial Arts . - 2830 Oak Ave. Coconut Grove, Fl. 3313.3 .(305) 798 -1664 Chal.lengeyou.rfitness@Eiarthhnk.net CQURTESY NOTICE.' CIS O SOUTH M.I.A 19 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(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL - RESTAURANT LOCATED AT 5734 SW 72n1 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 -5.1 %E)(3) OF THE LAND DEVELOPMENT CODE FOR THE REPLACEMENT OF FRONT FAQADE. 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 Cleric's office at: 305 - 663 -6326. ALL interested parties are invited to attend and will be heard Maria M. Menendez, CMG - 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 made which record includes the testimony and evidence upon which the appeal is to be based. I 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. Sworn to and subscribed before me this 25 7 , A.D. 8 (SEAL) V. PEREZ personal) __.�_- __...� ;�qiN +.�i2'' �h, !A 1.iAE'iA -. -y C0H1AiSSQ.N Gi 1 750170 „,F oPa EXPIRES: 1W.1":1 4, 2012 of ,.•° SOMA lhtu Notzrt• vub;ic Urdenrriters .CITY OF, SOUTH 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, May 6, 2008 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider, the following items: ' 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 FORA SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72nd STREET WITHIN THE "SR (HD -OV)" SPECIALTY.RETAI (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AN 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 2b_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 '.5B51. 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 INSTALLATION OF A WALU . . ".FLAT,SIGN` WA'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.PURSUANt7O 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 LOCATED AT 5712 SUNSET DRIVE (CROSSROADS BUILDING); PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ADO.PTING.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 COORDINATION; AND . CAPITAL IMPROVEMENTS;; PROVIDING FOR SEVERABILITY, ORDINANCES. IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 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. publiclhat if a person, decides to appeal any decision made by this. Board, Agency .or-Commission with respect to any matter cons'idered'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. 4125 08- 3- 114/1006006M UK 0 0 N r\ N Cr CL a 0 Z 0 a W x a i CLI 0 L Z E 0 V d x E 37 GET RESULTS: ACTION LINE I. 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 nar COURTESY NOTME CITY OF SOUTH MIAM19 FL®RE®A 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 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. 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, CIVIC 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. -CALENDAR, FROM 69 o 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; t p.m: Satur- day, May 3; North Miami Beach Pub- lic Library, 1601 NE 164th St., North Miami Beach; free admission. 305- 932 -0907. Read2Succeed Tutoring Services: Read2Succeed, Inc. offers tutoring services in various subjects, includ- ing reading and math, for students in kindergarten through fifth grades. Tutors include three Miami -Dade County- certified teachers and a nationally certified FCAT strategist. Call for appointments. Gold Coast Railroad Museum, 12450 SW 152nd 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. Acadeffiy of Martial arts 2830 Oak Ave. Coconut Grove, Fl. 33133 (3 05) 798 -1684 Challeiigeyourfitness@earthlink.net ms f' o Florida Kejis �� Ffl�uy, Mayo CEU Classes for Professionals I�- e Green Living Awards Ceremony e Workshops, Ekhi1b $s;`.F®O 'oPd :i�n eif llF �"M '}'�,2kzi>`✓i!&f i XY G"re�e i. vibg �' ��' �Ei�ucatia !" �'t� �11•Ua,7ork�sta'���� '��q. �% �• � :o�, `CtlUrtl!?S f©i �'h1i�G2F1• ,7 Register to win .,r. a ZapPy3 EZ ' ggA� f y�nnx Electric Scooter ;tl��A`y�' Can-tespof 350 S ®eti b erdtSddch;RodcS?rs MM 50rOceansfd'e) - r (Turn at .i �' A S?i:F t ✓�....a.�:. W..(F:� �. r'. I'M Al b NO e Keyswide Green Home` dd`lyder `;Tours','o'Ldnd &'.Water: Eco.Tours Organic Mother's Day Brunches vvvm.keysGLEE.e®Irtn for more information n, ` RG Mechanical Florida Keys Reginald Garrido &i�ey�✓es�ta undo WwzUZy xSOJ r rrrmyJ OZwaUm ZOW 04a O yw wu.aww'.;. N a V.N y Q i rww WW¢p.. U Zi V . 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RESOLUTION RELATING TO AN APPEAL .OF A-'DECISION, OF_ `" N THE ENVIRONMENTA-L REVIEW AND PRESERVATION'BOARD TO — DENY PROPOSED TAKE -OUT ORDER SIGNAGE FOR CARRABBA'S. ITALIAN 'GRILL AND `OUTBACK, ST.EAKHOUSE.;,RESTAURANT_`: LOCATED AT 5829 SW 73 STREET, :_ , ` _. PARKING GARAGE). . - A RESOLUTION RELATING TO.THE ISSUANCE OF;A'CERTIFICATE ; OF APPROPRIATENESS PURSUANT. TO •SEcT16W265,19(E)(3) ' ; W OF THE. LAND:; DEVELOPMENT'CODE'_ FOR - THE,EXTERIOR.-" _. j' F RENOVATION, PAINTING .AND .':SIGNAGE ;ON A - 'DESIGNATED HISTORIC COMMERCIAL. BUILDING LOCATED AT 5904 SUNSET':,;' DRIVE (AMSTER.BUILDINGS). A RESOLUTION - RELATING' TO: A`REQUEST- -..P.URSUANTTO '. 2M SE 20 3.4(B)(4)(b) OF.THELAND DEVELOPMENT.CODE FOR' � , SPECIAL USE-APPROVAL TO LOCATE A GENERAL RESTAURANT; .A LOCATED AT 5734 SW.-72nd�STREET-WITHIN THE SR`:(HD OV) J .;o SPECIALTY RETAIL (HOMETOWN-!DISTRICT-OVERLAY) -- ZONIN, DISTRICT. OT.HE SOUTH MIA' MI AN ORDINANCE AMENDING - CHAPTER E -7 CODE `OF •.ORD.INANCES ':BY CREATING : SECTION 7-16. "PRE -•; ;E CONSTRUCTION AND CONSTRUCTION. STANDARDS FOR.SITES;" . . �BE. REQUIRING CONSTRUCTION `SITES TO KEPT. IN. A CLEAN" AND..ORDERLY - CONDITION; REQUIRING - THE_iNSTALLATION OF A CHAIN LINK FENCE PRIOR TO CONSTRUCTION ALONG -,. THE, BORDERS, OF THE SITE; AND TO PROVIDE DETAILED ", . `PROCEDURES FOR -OBTAINING -FENCE---PERMIT PRIOR TO " CONSTRUCTION.. =_ - AN ORDINANCE AMENDING CHAPTER 7 OF T4` SOUTH MIAMI'-- CODE: OF ORDINANCES • BY MODIFYING - SECTION• 7152:; "DEMOLITION REQUIREMENT . STANDARDS "•;,;TO PROVIDE._ :•: ;; ADDITIONAL CLARITY AS TO PROCEDURES:FOW- OBTAINING'. - FENCE PERMIT PRIOR TO. DEMOLITION AND:'CONSTRUCTION . PROVIDING FOR . SEVERABILITY ORDINANCES IN CONFLICT r - ';AND AN EFFECTIVE DATE. - AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF:: ORDINANCES CHAPTER 2,' ARTICLE I, SECTION'2 -2:1 (H) AND i (J) ESTABLISHING: PROCEDURE=S FOR" PUBLIC- .COMMENTS IN '- ORDER TO FACILITATE AN ORDERLY•_ PROCESS. IN. MANAGING i _ PUBLIC COMMENTS. I AN ORDINANCE. RELATING TO A .REQUEST TO :AMEND LAND.. ". DEVELOPMENT CODE. SECTION 20- 5.94ENTITLED; 'VARIANCE`: ": APPROVALS" IN ORDER" TO..'ADD. JA : SUBSECTION (H) w - • :: PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING-SECTION 20-6.1(13)(3)(h) IN ORDER: I. TO REMOVE THE EXISTING GUIDELINE. _ AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMENT' "PERMITTED - " -CODE SECTION 20- 3.3(D) ENTITLED USE SCHEDULE' IN ORDER TO ALLOW A TEA ROOM FACILITYAS A PERMITTED - USE IN THE "GW GENERAL RETAIL ZONING.USE DISTRICT. AN ORDINANCE AMENDING THE CITY,:OF SOUTH -MIAMI PENSION.' o PLAN, PROVIDING.FOR A;RESTATEMENT,OF_.THE PLAN " -TO CONSOLIDATETHE VARIOUS' AMENDMENTS MADE_OVER TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN;_ " PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN.TO,;,; i COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION: •. ",; `' AN ORDINANCE ADOPTING THE EVAULATION AND,APRRAISAL, 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 head. - .,Maria M. Menendez, CfMC City Clerk•'' - Pursuant to Florida Statutes 286.0105, :the "City hereby ;Advises the,; public. that if a person decides to,appeal any. decision made 6i 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 Yecord includes the testimony and evidence upon which the appeal is to be based.­ -fi