09-16-08 Item 8South Miami
AI!- America City
1 I
CITY OF SOUTH MIAMI
• �NCOR9P27ATE • OFFICE OF THE CITY MANAGER
aio INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager '
Prom: Ricardo Soto - Lopez, MUP, Planning Director
�f
Date: September 2, 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 OF THE LAND
DEVELOPMENT CODE FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT TO BE
LOCATED AT 5800 SW 73`d STREET WITHIN THE "SR (HD -OV)" SPECIALTY .RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED
AS LOTS 46 AND 47 LESS THE WEST 60 FEET, W. A. LARKINS SUBDIVISION ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF
MIAMI -DADE COUNTY; AND PROVIDING AN EFFECTIVE DATE
REQUEST:
The applicant, William Quintana (Somi Cafe, LLC) Inc. has submitted Planning Board Application No. PB -08 -025
to operate a small restaurant at the above referenced location. The proposed restaurant is located in the "SR(HD-
OV)," Specialty Retail Hometown Overlay Zoning District. A -small restaurant is permitted with Special Use
Approval as set forth in Section 20 -3.4.
LDC REGULATIONS APPLICABLE
A small restaurant is defined in the Land Development Code as containing no more than 2,000 square feet in floor
area. In addition to general requirements applicable to all special uses in Sections 20- 3.4(A) and Section 20 -5.8
(B), the LDC also provides that the following pre-set special conditions are applicable to small restaurants:
Section 20 -3.4 (B)(19) Special conditions
(19) SMALL RESTAURANT
(a) Small restaurants must be located within two hundred (200) linear feet of a municipal
parking lot.
(b) The on -site parking on small restaurant premises must be used for customers only;
employees and management must park in off -site parking.
(c) Required parking must be on -site.
(d) Small restaurants may only serve alcoholic beverages to any given patron in combination
with food both prepared and served on the premises.
STAFF ANALYSIS
(1) The applicant is requesting a special use permit to operate a small restaurant located at the southwest corner of
SW 73`a Street and SW 58`h Avenue within two hundred linear feet of municipal parking in the Specialty Retail
Hometown Overlay Zoning District.
N
(2) Pursuant to Section 20- 3.3(D) Permitted Use Schedule and Section 20 -7.12 Permitted Uses at the Hometown
District, of the Land Development Code, a small restaurant is permitted as special use and requires one parking
space per four hundred square feet.
(3) The scope of work indicates interior remodeling and exterior refinishing of the existing 1,900 square feet one -
story building to accommodate a small restaurant use.
(4) The existing 1,900 square feet building requires one parking space per four hundred square feet, requiring a
minimum of five (5) parking spaces on site.
(5) As per the attached boundary survey and proposed site plan, sheet number A1.01, the existing parking spaces
remaining on site total six (6) spaces of which one (1) is a handicapped space. There is also additional parking
spaces available on street and within the new municipal parking garage across the street.
(6) The submitted site plan indicates the proposed development with the intent for outdoor seating via new
landscaping on the front and side yards for the new caf6 terrace within the confines of the property using an
environment sensitive applications. A new arcade, open -air and consisting of a colonnade with a clear distance
of ten (10') feet between columns, which extends one hundred percent of the building's frontage. New grass
crete, a grass reinforcement product, is proposed for the entire front and side yard. Also a fountain accents the
main corner entrance to the building.
(7) The site plan also indicates repair and enlargement of existing sidewalk and rear parking lot, inclusive of a five
(5' -0 ") feet landscape buffer between parking and building wall and between parking surfaces and property
lines, a requirement of the Hometown District. A new dumpster enclosure is located at the west end corner the
site.
(8) Pursuant to Section 20 -7.11, Hometown District Overlay, All drainage water shall be confirmed to the
property.
(9) Tree Removal Permit, Signage, Alcohol Beverage license, and Outdoor Seating will require separate
approvals and /or a permits.
(10) The proposed development adds to diversity of retail and restaurant uses as envisioned by the
Hometown District regulations.
(11) The proposed development adds to an increase in the tax base generated by the property.
Planning Board Action:
The Planning Board at its August 12, 2008 meeting adopted a motion by a vote of 6 ayes 0 nays recommending
approval of the special use request with the following conditions:
(1) Revision to the site plan to show a raised street curb on the SW 58b Avenue side of the property;
(2) Revision to landscape plan to provide additional canopy (minimum of 3 trees) in the rear parking lot;
(3) 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.
3
Recommendation:
The requested special use approval for a small restaurant at 5800 SW 73`d Street complies with the LDC
requirements set forth for special uses in Section 20- 3.4(A) and (B)(19), and the conditional use requirements set
forth in Section 20- 5.8(B). Approval of the application with the conditions set forth by the Planning Board above is
recommended.
Backup Documentation:
Draft Resolution
Application
Location Map
Letter of Intent
LDCSection 20- 3.4(A); Section 20 -3.4 (B)(19); Section 20- 5.8(B)
Planning Department staff report (8- 12 -08)
Planning Board Minutes Excerpt (8- 12 -08)
Site /Floor plans
Public Notices
RSUSAY
X: \Comm Items\2008 \9 -2 -08 \Special use Rest 5800 SW 73 St 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 OF THE LAND
5 DEVELOPMENT CODE FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT TO
6 BE LOCATED AT 5800 SW 73rd STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL
7 (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY
8 DESCRIBED AS LOTS 46 AND 47 LESS THE WEST 60 FEET, W. A. LARKINS SUBDIVISION
9 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF
10 THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; AND PROVIDING AN EFFECTIVE
I DATE
12
13 WHEREAS, pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC), the
14 Applicant, William Quintana (Somi Caf6, LLC) Inc has submitted Planning Board Application No. PB-
15 08 -025 requesting Special Use Approval to operate a small general restaurant to be located at 5800 SW
16 73 Street within the "SR(HD)" (Specialty Retail Hometown District) overlay zoning district;
17
18 WHEREAS, a small restaurant is allowed as a special use in the "SR(HD)" (Specialty Retail
19 Hometown District) Overlay zoning district subject to meeting general conditions specified in LDC
20 Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(A) and
21 (B)(19); and
22
23 WHEREAS, the approval of a special use requires a recommendation from the Planning Board
24 and the approval of the City Commission after a public hearing; and
25
26 WHEREAS, at its August 1.2, 2008 meeting the Planning Board, after public hearing, voted 6
27 ayes 0 nays to recommend approval with special conditions of the special use request; and
28
29 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
30 recommendation of the Planning Board.
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
34
35 Section 1: The Special Use Application (PB -08 -025) submitted by William Quintana (Somi
36 Caf6, LLC) requesting approval to operate a new general restaurant located at 5800 SW 73 Street, within
37 the "SR(HD)" (Specialty Retail Hometown District) Overlay zoning district is hereby approved subject to
38 the following conditions:
39
40 (1) Revision to the site plan to show a raised street curb on the SW 58ffi Avenue side of the
41 property;
42
43 (2) Revision to landscape plan to provide additional canopy (minimum of 3 trees) in the rear
44 parking lot;
45
46 (3) If the proposed restaurant in the future is determined by the Director of Planning, to be
47 adversely affecting the health or safety of persons residing or working in the vicinity of the
48 proposed use, to be detrimental to the public welfare or property or improvements in the
49 neighborhood, or to be not in compliance with other applicable Code provisions, the special
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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
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
XAComm Items\2008 \9 -2 -08 \5800 SW 73 St Resolution.doc
N)
11:
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
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: 5800 S9 ?3rd Street
Lots) 46&_47:131ock Subdivision '
PB _a---JD
Meets & Bounds:
Applicant Will;xn Q_tntag p��} Scrd Cafe, ae, hone: 305- 776 -9246
Representative: gEn Ftrhz, BBq
Organization: )3a, & P.A.
Address: 200 Sazth Bisaryne Bat7�l Suite `t 50
Phone: X6-3��
Miad, FL 33131
Property Owner. "'- and tae gay
Signature;.
Mailing Address:' 13635 DBEdM Bay lr_w
Phone: 305-374 -
Ctml tilts FL ' 3315B
ArchitecUEngineer.Dem Its
Phone: 305 - 962 -3850
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THiS PROJECT:
Representative Contract to purchase _.,Option to purchase Oenant/Lessee
_Owner _Owner's
APPLICATION iS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: _
PLEASE CHECKALL THAT APPLY.
Text Amendment to LDC ._Variance
x.. Letter of Intent
`_.Zoning Map Amendment. ,2LSpecial Use
X Justifications for change
_ PUD App roval—Special Exception.
Other (Waiver bf Plat)
^ Statement of hardship
X Proof of ownership or letterfrom owner
PUD Major Change
L Power of attorney
Briefly explain application and cite specific Code sections:
.1 Contract to purchase
_, Current survey (1 original sealed and
ftor 1 Use
signed/1 reduced copy Q 11 "x 1T)
X 15 copies of Site Plan and Floor Plans
Secbm 20 -7.29, 20-5.8
1 reduced col y @ 11"x.17"
X 20% Property owner signatures or
`- Affidavit attesting to mail notice sent
Section: 20 Subsectlon: Page t' 177 Amended Date:
01
X Mailing labels (3 sets) and map
Required Fee(s)
The undersigned has cad o ppleted application and represents that the information and all submitted materials are true and
correct th be of e s lmowled and belie£
-7111 /Oy
Applicants azure and title
ate
U on receipt, lications and all submitted materials will be reviewed for compliance with the Land Development Code and other
P ,, ,., a Pti .>P ..,e a m,t;catinns 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 Pa ment
11/19/07
City of South Miami N
PB -08 -025 Special Use- Restaurant
5800 SW 73rd Street E
Feet
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I 7637 1 —� 7630 j d
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GIs Data by Miami -Dade County, 11/2007. Made by City of South Miami, Enqineerinq & Construction, 8/1/2008
w
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GIs Data by Miami -Dade County, 11/2007. Made by City of South Miami, Enqineerinq & Construction, 8/1/2008
=RCow RADGL_L & FERNANDEZ
ZONING, LAND USE ANd ENN/1FRONMENTAL LAW
Direct: 305 - 377 -6235
E -Mail: BFernandez(5�81RZoninoLaw corn
VIA HAND DELIVERY
July 11, 2008
Mr. Sanford Youkilis
Acting Planning Director
City of South Miami
Planning & Zoning Department
Silvia Martin Building
6130 Sunset Drive
South Miami, FL 33143
Re: Somi Cafe, LLC - Special Use Permit
5800 SW 73rd Street, South Miami, Florida
Dear Mr. Youkilis:
This law firm represents Somi Cafe, LLC and Roger D. and Grace Shay in
relation to the referenced application for a Special Use to allow a Segafredo Zanetti
Cafe / Restaurant with outdoor seating on the property. Segafredo Zanetti is the leading
espresso producers in Italy and approval of the requested Special Use will introduce a
recognized name brand cafe to the Hometown District that will enhance existing dining
options, as well as improve the pedestrian experience in the area. This letter shall serve
as the applicant's letter of intent.
Property. The property is approximately .23 acres in size and is located in the
Hometown District on southeast corner of S.W. 58th Avenue and S.W. 73rd Street. The
property has a large street frontage, which makes it particularly well suited for a
cafe / restaurant type of use. The proposed plan prepared by D.B. Lewis Architecture +
Design proposes a significant improvement to the current appearance of the property.
Plan. The plan essentially modifies the existing non - descript building by
creating attractive open spaces that make better use of the corner. and are more
pedestrian friendly. The revised facade of the building is appropriate for a
WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
Mr. Sanford Youkilis
July 11, 2008.
Page 2
cafe /restaurant and improves the building's aesthetic features by adding an exterior
colonnade that will accommodate outdoor seating.
HTD Standards. The plan for the Somi Segafredo Cafe meets or exceeds all of the
zoning requirements of the Hometown District. For example, the Applicant will
provide a total of 7 parking spaces where 5 are required. In addition, the property
benefits from 6 existing on- street parking spaces (for a total of 13 spaces), and from the
fact that it is located across the street from a City of South Miami Parking facility.
All required setbacks are consistent with Hometown District requirements and
the proposed outdoor seating is located to insure that a minimum of five (5) feet of
sidewalk will remain clear and unobstructed for pedestrian passage. As a result, the
outdoor seating /dining uses and areas do not interfere with pedestrian traffic, handicap
facilities or access to commercial other establishments. In addition, the outdoor
seating/ dining areas are all open and unenclosed.
It is also significant to note that the tables, chairs and all other outdoor furniture
used will not be anchored or restrained and will be located entirely on private property
and restricted to the length of the sidewalk immediately fronting the cafe. Outdoor
seating/ dining areas are also proposed at the same elevation as the adjoining sidewalk
or public right -of -way. Finally, in compliance with the Hometown District
requirements, the number of outdoor seats does not exceed eighty (80) percent of the
number of indoor seats.
For all of the foregoing reasons, the Application believes that the application,
meets the requirements set forth in Section 20 -3.4 of the Land Development Code.
Specifically, the application will not adversely affect the health or safety of persons
residing or working in the vicinity of the proposed use; the application will not be
detrimental to the public welfare or property or improvements in the neighborhood;
and the application complies will all applicable code provisions. We respectfully
request your favorable review and recommendation.
BF /bl
Enclosures
Sincerel ,
Ben Fernandez
BGRCOW RADELL & Fc_RNAN DEZ
20 -3.4 Special use conditions.
Any of the following special uses may be approved and permitted by the city commission at
a public hearing, after a recommendation by the planning board, provided that such use is
specifically listed as a permitted special use in the appropriate district column in the
Permitted Use Schedule (Section 20- 3.3E), and that such use complies with the following
general and special requirements and any other conditions that the city commission may
consider appropriate and necessary:
(A) General Requirements.
(1) All such uses shall comply with all requirements established in the appropriate zoning
use district, unless additional or more restrictive requirements are set forth below or
by the city commission.
(2) All such uses shall be determined to be of a compatible and complementary nature
with any existing or planned surrounding uses.
(3) A public hearing shall be held by the city commission to determine the overall
compatibility of the use with the surrounding neighborhood.
(B) Special Requirements.
(19) SMALL RESTAURANT
(a) Small restaurants must be located within two hundred (200) linear feet of a
municipal parking lot.
(b) The on -site parking on small restaurant premises must be used for customers
only; employees and management must park in off -site parking.
(c) Required parking must be on -site.
(d) Small restaurants may only serve alcoholic beverages to any given patron in
combination with food both prepared and served on the premises.
20 -5.8 Special use approvals.
(A) Use Schedule Reference. A special use may be granted for any use indicated in the
Permitted Use Schedule (Section 20 -3.4E) with an "S" designation in the appropriate district
column.
(B) Required Conditions.
(l.) Prior to approving a special use, the city commission shall find that such use meets the
conditional requirements set forth in Section 20 -3.4 and that it:
(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.
(2) Additional Conditions. The city commission may designate such additional conditions
in connection with a special use as will, in its opinion, assure that such use will
conform to the foregoing requirements.
so U Iii South Miami
All- America City
U r
• INCORPORATED
1927
�ORID
A
2001
To: Honorable Chair & Date: August 12, 2008
Planning Board Members
From: Ricardo Soto - Lopez, MUP /15�9� Re: Special Use Approval
Director of Planning Small Restaurant
5800 SW 73rd Street
PB -08 -25
Applicant: William Quintana (Somi Cafe, LLC)
Location: 5800 SW 73`d Street
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(19) OF THE LAND
DEVELOPMENT CODE FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT TO
BE LOCATED AT 5800 SW 73`d STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY
DESCRIBED AS LOTS 46 AND 47 LESS the West 60 feet, W. A. LARKINS SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF
THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; AND PROVIDING AN EFFECTIVE
DATE
APPLICANT'S REQUEST:
Pursuant to Section 20- 3.4(13)(4)(b) of the Land Development Code (LDC) the applicant is requesting a
Special Use Approval to operate a small restaurant at the above referenced location. The proposed
restaurant is located in the "SR(HD -OV)," Specialty Retail Hometown Overlay Zoning District. A small
restaurant is permitted with Special Use Approval. A small restaurant is defined as containing no more
than 2,000 square feet in floor area. In addition, the Land Development Code also provides that a small
restaurant is a special use and that there are special conditions applicable to small restaurants (1) must be
located within 200 linear feet of one of the City's municipal parking lots; and (2) required off - street
parking reduced to only 25% of the existing restaurant requirement (Ordinance No.19 -91- 1484). In
January 1992, a technical amendment was made to the small restaurant conditions changing the parking
requirement to one space for every 400 square feet of floor area, and requiring parking to be on site.
LDC REGULATIONS
In July 1991, the Land Development Code was amended to encourage the location of small restaurants in
the Hometown district. It was felt that these restaurants would promote economic development activity.
The following provisions are now in effect:
Section 20 -2.3 Definitions
Small restaurant. Shall mean a restaurant as defined in this Code which contains no more than two
thousand (2,000) gross square feet.
5800 SW 73 Street
Special use approval
August 12, 2008
Section 20-3.4 (13)(19) Special conditions
(19) SMALL RESTAURANT
(a) Small restaurants must be located within two hundred (200) linear feet of a
municipal parking lot.
(b) The on -site parking on small restaurant premises must be used for customers
only; employees and management must park in off -site parking.
(c) Required parking must be on -site.
(d) Small restaurants may only serve alcoholic beverages to any given patron in
combination with food both prepared and served on the premises.
STAFF ANALYSIS
(1) The applicant is requesting a special use permit to operate a small restaurant located at the southwest
corner of SW 73`d Street and SW 58'x' Avenue within two hundred linear feet of municipal parking in
the Specialty Retail Hometown Overlay Zoning District.
(2) Pursuant to Section 20- 3.3(D) Permitted Use Schedule and Section 20 -7.12 Permitted Uses at the
Hometown District, of the Land Development Code, a small restaurant is permitted as special use and
requires one parking space per four hundred square feet.
(3) The scope of work indicates interior remodeling and exterior refinishing of the existing 1,900 square
feet one -story building to accommodate a small restaurant use.
(4) The existing 1,900 square feet building requires one parking space per four hundred square feet,
requiring a minimum of five (5) parking spaces on site.
(5) As per the attached boundary survey and proposed site plan, sheet number A1.01, the existing parking
spaces remaining on site total six (6) spaces of which one (1) is a handicapped space. There are also
six (6) adjacent parallel on street parking spaces. There are a total of twelve (12) parking spaces for
this small restaurant. There is also additional parking available within the new municipal parking
garage across the street.
(6) The submitted site plan indicates the proposed development with the intent for outdoor seating via
new landscaping on the front and side yards for the new cafe terrace within the confines of the
property using an environment sensitive applications. A new arcade, open -air and consisting of a
colonnade with a clear distance of ten (10') feet between columns, which extends one hundred
percent of the building's frontage. New grass crete, a grass reinforcement product, is proposed for the
entire front and side yard. Also a fountain accents the main corner entrance to the building.
(7) The site plan also indicates repair and enlargement of existing sidewalk and rear parking lot, inclusive
of a five (5' -0 ") feet landscape buffer between parking and building wall and between parking
surfaces and property lines, a requirement of the Hometown District. A new dumpster enclosure is
located at the west end corner the site.
2
5800 SW 73 Street
Special use approval
August 12, 2008
(8) Pursuant to Section 20 -7.11, Hometown District Overlay, All drainage water shall be confirmed to
the property.
(9) Tree Removal Permit, Alcohol Beverage license and Signage will require separate approval and /or
a permit.
(10) The proposed development adds to diversity of retail and restaurant uses as envisioned by the
Hometown District regulations.
(11) The proposed development adds to an increase in the tax base generated by the property.
DEVELOPMENT REVIEW COMMITTEE:
On July 29, 2008, the City's Development Review Committee met and the Public Works representative
noted that the subject property possibly has prohibition for sewer connection and must refer to Miami
Dade Water and Sewer Department, WASAD.
The Planning Department requested that the zoning analysis proposed on plans, sheet A0.00, be revised to
include the correct dimensional requirements, consistent with the Specialty Retail Hometown Overlay
Zoning District. Also requested was that the plans show an enclosed dumpster on the site and a
landscape buffer to be at a five (5' -0 ") minimum as required on the LDC. The proposed arcade is to be
consistent with the South Miami Hometown District Regulating Plan.
SPECIAL CONDITIONS APPLICABLE:
The LDC provides that special uses must be approved by the City Commission after a public hearing and
receipt of a recommendation from the Planning Board. The overall purpose is to determine the
compatibility of the proposed use with the surrounding neighborhood. A special use must comply with
the conditions set forth in Section 20- 5.8(B) in that the use: -
a) Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use;
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c) Complies with all other applicable Code provisions.
In addition, special uses may also be required to comply with supplemental requirements, which are set
forth in Section 20- 3.4(13)(4)(b). In the case of a general restaurant, the following requirements are listed:
(i) All such establishments shall provide only inside or patio service on private property. Public
streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -
side services of any kind. A separate application for outdoor seating would be required.
(ii) No services of a drive -in or of a fast food nature shall be permitted.
(iii) The city commission shall review and recommend approval, disapproval or modification of
all site plans and project specifications for this special use permit.
5800 SPV 73 Street
Special use approval
August 12, 2008
RECOMMENDATION
The requested special use approval for a restaurant at this location complies with the LDC requirements
set forth for special uses in Section 20- 3.4(B)(4)(b) and the conditional use requirements set forth in
Section 20- 5.8.(B). Approval of the application with the following condition is recommended:
(1) Prior to submittal of a Building Permit the applicant shall provide construction documents
pertaining to the exterior renovation of the proposed. small restaurant to the Environmental
Review and Preservation Board for approval;
(2) The applicant will be required to file a separate application to the Planning
Department for an outdoor seating permit;
(3) If the proposed geao�restauranvf 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
Copies of Public notices
Site Plan Documents:
Cover Page
Boundary Survey
Photographs of Subject Property, sheet IM -1
Image, sheet IM -2
Site Plans and Zoning Analysis, sheet A0.00
Existing Site Plan and Existing Floor plan, sheet A0.01
Existing Elevations, sheet A0.03
Proposed Site Plan, sheet A1.01
Proposed Floor Plan, sheet A1.02
Rendered Elevations, sheet A1.04
Proposed Elevations, sheet A1.05
RSL /SAY /LCH
X: \PB \PB Agendas Staff Reports\2008 Agendas Staff Reports \8- 12- 08 \PB -08 -025 Special use Restaurant- 5800 73 Str.doc
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INCORPORATED
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CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Tuesday, August 12, 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 7:44P.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. Yates, Mr. Farfan, Mr. Cruz, Mr. Comendeiro, Ms. Young, and Ms. Chael.
City staff present: Eve Boutsis (City Attorney), Ricardo Soto - Lopez, (Planning Director), and
Sanford A. Youkilis (Consultant), Lluvia Resendiz (Zoning Tech), and Lourdes Cabrera -
Hernandez (Planner).
III. Planning Board Applications/Public Hearing
Ms. Boutsis requested to take item PB -08 -025 and PB -08 -027 out of order.
Motion: Ms. Yates motioned to take the items PB -08 -025 and PB -08 -027 out of order and
Ms. Young seconded. Vote: 7Ayes 0 Nays
PB -08 -025
Applicant: . William Quintana (Somi Cafe, LLC)
Location: 5800 SW 73`d Street
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(19)
OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL FOR A
SMALL RESTAURANT TO BE LOCATED AT 5800 SW 73rd STREET WITHIN THE
"SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 46 AND 47, W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY;
AND PROVIDING AN EFFECTIVE DATE.
Action: Ms. Yates read the item into the record. Ms. Cabrera- Hernandez provided the Board with a
description of the applicant's proposal.
Ms. Young requested that some typographical errors be corrected.
Mr. Cruz noted that a site plan for outdoor seating and dining was available and questioned if the
outdoor seating will be included in the special use request. Mr. Cruz also stated he was in favor of
Planning Board Meeting
August 12, 2008
Page 2 of 4
development but was concerned that there are only 6 parking spaces for 150 seats for both inside
and outside dining. Mr. Youkilis replied that the special use approval does not automatically grant
approval for outdoor seating. Mr. Youkilis stated that currently there is a moratorium on outdoor
dining. Once the ordinance is approved the applicant must submit a separate application which
will be reviewed administratively.
Mr. Morton questioned the minimum distance required for a state liquor license. Mr. Fernandez,
attorney representing the applicant, advised that they meet the minimum distance required by the
state. Mr. Fernandez stated that the outdoor seating site plan was not part of the application. He
further added that the applicant, Willie Quintana, has all the intentions to comply with all the
regulations as required in order for project to get approved. Mr. Fernandez advised that he agreed
with the recommendations that staff has requested. To address Mr. Cruz's concern regarding the
parking requirements Mr. Fernandez stated that his client was providing additional parking other
than what is required under Land Development Code. The property is well suited for the restaurant
because it is a pedestrian friendly corner and the architect, Dean Lewis, has made it more
pedestrian friendly.
Dean Lewis stated that the building foot print will remain it will only undergo renovation making it
even more pedestrian friendly. Instead of building the site to its maximum we chose to incorporate
a colonnade to extend out to the pedestrians with a water feature to the corner which is something
that the existing building does not provide. He provided the Board with a description of the
building's design and the function of the building.
Mr. Fernandez stated that the applicant will be increasing the width of the side walks around the
property. He further added that the, when approved, the outdoor seating will be provided within
the private property. To address the concern regarding outdoor seating spilling into the public
realm he advised that they will not have that problem because their outdoor seating will be
confined to the property. The applicant has also proposed to increase the side of the sidewalk to
make it easier to walk around the site. He stated that they meet the requirements of LDC and that
the establishment will not have an adverse effect of the safety and health of the persons.
Mr. Comendeiro requested that the architect describe the property line in order to address the
private and public property line. Mr. Lewis replied that they are not using any pubic right -of -way
but rather they are giving at least three feet along the east side of the property line up to the existing
sidewalk. The three feet will not be formally deeded back to the City. Mr. Comendeiro questioned
if the fee for outdoor seating dining permit will apply to both private and public property. Mr.
Youkilis replied that a restaurant must apply for an outdoor seating and dining permit whether it is
on public or private property. The yearly fee will apply for both however those businesses having
outdoor seating on public property are not subject to additional fees. Mr. Comendeiro further
added that he does not find that fees for outdoor seating should be imposed on those businesses
having additional seating on private property. Mr. Youkilis replied that outdoor seating is an
extension of the business and therefore they should be charged. Mr. Youkilis further added that the
seats for outdoor seating cannot be more than 80% of what is inside.
Mr. Cruz questioned the hours of operation and Mr. Quintana replied that the hours will vary
depending on how the patrons respond. He did state that currently he plans on opening from 7:00
AM until 12 midnight. Ms. Young requested that the hours of operation be included in the site
plan and Mr. Quintana agreed. Mr. Cruz questioned if different insurances were required for
indoor and outdoor and whether or not the establishment was in compliance with the ADA. Mr.
Quintana replied that the insurance is all inclusive. Mr. Dean responded that the modifications are
ADA compliant.
Planning Board Meeting
August 12, 2008
Page 3 of 4
Chairman Morton opened the Public Hearing.
Name Address Position
Harvey Bernstein 7661 SW 65 Place
Mr. Bernstein stated that it was inappropriate for the members on the dais to accept the coffee cups
that were distributed by the applicant. He advised that they all should be returned.
Kathy McCann
Ms. McCann commended the Board for the recommendations they forwarded to the City
Commission regarding outdoor seating and dining. She requested that the Planning Board members
review the Specialty Retail definition in the LDC and carefully analyze its purpose in the
downtown. She advised if the Board approves the special use restaurant request the downtown will
lose retail space for specialty stores. She further added that too many restaurants exist and another
restaurant will not encourage the specialty retail. She reminded that Board you are not to accept
those things that will not be compatible with the Specialty Retail District.
David Tucker
Mr. Tucker advised that the Board should be cautions about how they approve the proposed
definitions. He agreed with Ms. McCann in that there shall be a mix of uses in the downtown. Let
us not be carried away by business coming into a city. You want that mix to be a' good working
mix. When one thing begins to take over it is when something begins to suffer.
Sharon McCann
Ms. McCann advised that she was concerned that the employees do not park in the parking garage
instead they park in the residential neighborhood. She indicated that according to the LDC the six
parking spaces may not be used by the employees therefore she agreed with Mr. Cruz that the
required parking for the amount of proposed seats will not be enough. She questioned why this
application was not reviewed by the Green Task Force because the applicant is removing seven
trees which will be replaced with shrubs. She expressed that the excess parking ends up in the
residential neighborhood as they have been doing for years. She also questioned why there is no
mention of the water situation considering that Miami -Dade Count Department of Water and Sewer
issued a moratorium. Ms. McCain expressed concerns that the City Arborist did not review the site
because she found no recommendation on the report and agreed with Ms. McCann in that the City
is deviating from the purpose of the downtown.
Donna Shelley 6544 SW 78 Terrace
Ms. Shelley clarified that the Green Task Force is an advisory committee and not Board. Their
duties are not to review projects.
Claudia Harris 5752 SW 77 Terrace
Ms. Harris stated that she was not against the restaurant but that the approval of the proposed
restaurant allow for too many restaurants in the Hometown. Ms. Harris agreed with Ms. McCann
and Ms. McCain that there are too many restaurants in the downtown. She reiterated she was not
against the restaurant but was against the location. She commented that people will no longer want
to come back because of the parking.
John Edward Smith 7531 SW 64 Court Favors
Mr. Edward Smith stated he was in favor of the project. He acknowledged that the design is
attractive. He does not find that the downtown is saturated with restaurants. The opening of RA
Sushi has attracted a great amount of people that have never been in South Miami. Having a
variety of restaurants will bring in new clientele into South Miami. He stated that it makes sense to
have restaurants because retail businesses are not open until 2 AM to accommodate the empty retail
Planning Board Meeting
August 12, 2008
Page 4 of 4
space. He commented that the restaurants are utilizing the new garage. He stated to understand that
although there are 160 seats there is no possibility to have 160 parking spaces available. South
Miami wants to encourage a pedestrian friendly environment and the restaurant will provide that.
Chairman Morton closed the Public Hearing.
Ms. Chael stated that several downtowns hire specialist to analyze the specialty retail mix in order
to ensure a certain mix of retail. That is something that the city would ever like to deal with that. A
consultant may target certain markets. She questioned if there. would be volunteers who would take
that responsibility on. Does not think that it is the Boards business of delegating what business is
allowed as long as they are in compliance.
Ms. Young in the SR -HDOV small restaurants are allowed and there no moratorium at the present
time. Mr. Youkilis responded in the affinnative.
Ms. Yates requested that the architect provide a description of the landscaping. Mr. Lewis
reiterated that no trees will be removed. Two native deciduous shade trees will be located due to
the fact that they are pressuring the center tree and limiting the growth of all three. The intent is to
prove breathing space for that one center tree to further flourish as well as to increase the perimeter
buffers as per the hometown design guidelines of buffering surface parking lots. The other palms
two of which will remain and three which will be relocated. In addition they are including hedges
along the alley which currently do not exists. They are including green initiative pervious pavers.
Mr. Cruz questioned if sidewalk will be repaved to level out the parking area because this is the
only corner in the hometown area that has as , low sidewalk and all others are elevated to what the
code requires. Mr. Cruz stated that that should be corrected. Mr. Lewis replied that they will
respect the current elevations of the sidewalk and county right -of -way design guidelines. Mr. Lewis
stated that they will be willing to repair that.
Ms. Chael stated that the project was sensitively redone and commented that as a member of the
Green Task Force she recommended that it would be helpful to have a shaded parking lot and in
the green strip that you have to include shade trees so that the parking lot could be cool and green.
Motion: Ms. Chael moved approve the special use request with the condition that the curb cut
alongside SW 58 Avenue be raised in order to provide better drainage and that three additional
trees be included on the rear of the property. Ms. Yates seconded.
Vote: 7 Ayes 0 Nay
Y:\PB\PB Minutes\2008 Minutes\August \PB- Min- 08- 12- 08Somi Cafe Excerpt.doc
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Miami; no cover. 305 -358 -3600.
Free Fridays: Wine and bar food
accompanied by exhibition tour, 6 to
9 p.m. Friday; Dynamo Cafe, 1001
Washington Ave., South Beach.
305 -531 -1001 or information@the-
wolf.fiu.edu.
New England Clam Bake Sundays -
Dinner: Features choice of soup or
salad appetizer, a one- and- a -half-
pound lobster, mussels, clams, corn
on the cob, roasted potatoes, and
choice of dessert A glass of house
wine is also available for $5; 5 to 10
p.m. Sunday; Oceanaire Seafood
Room, 900 S. Miami Ave., Suite 111,
Brickell; $36.305- 372 -8862 or theo-
ceanaire.com.
FILM
Cyrano de Bergerac: .A French
movie with English subtitles directed
by Jean Paul P.appeneau and Gerard
Depardieu. The film is originally a
play written by Edmond Rostand in
1897 based on the life of Cyrano de
Bergerac; 7 p.m. Friday; Alliance
Francaise Miami, 618 SW Eighth St.,
Miami; $10.$8 members.
305 - 859 -8760 or afmiami.org.
Mlaml Beach Cinematheque: 512
Espanola Way, Miami Beach; $10,$7
MBC members and students.
305- 673 -567 or MBCINEMA.com:
• The Last Mistress, this drama film
directed by Catherine Sreillat shows
the secrets, rumors and betrayals
that revolve round the upcoming
marriage between a penniless rouge
and a woman belonging to the aris-
tocratic class of France; 7:45 p.m.
and 9:45 p.m. Friday - Sunday;
• Where the Truth Lies, This Cana-
dian drama - mystery - thriller film
directed by Atom Egoyan is based
on the Novel of Rupert Holmes
which shows a young journalist
known for her celebrity profiles, try-
ing to discover the truth behind a
past incident of murder that affects
the lives and careers of a showbiz
team; 8:30 p.m. Thursday.
Pierrot Le Fou: This film is the tale of
the unorthodoy, life of Pierrot, the
annoying nickname given to unhap-
pily married Ferdinand Griffon by his
ex- girlfriend. He leaves his wife and
children and flees with Marianne only
to find himself chased by Algerian
gangsters in a traveling crime spree
from Paris to Mediterranean; 7 p.m.
today; The Wolfsonian -FIU, 1001
Washington Ave., Miami Beach; $10,
free - members and students.
305 -535 -2645 or wolfsonian.org.
Things I Never Told You: Spanish
movie by Isabel Coixet with English
subtitles. Story of a girt. who has
recently moved to Eastern Europe.
She receives a call from her boy-
friend in which he tells her that their
relationship is over. Eventually, a few
minutes later, she swallows all her
nail polish; 7 p.m. Tuesday; Centro
Cultural Espanol, BOO Douglas Rd.
Ste. 170, Coral Gables; Free.
305- 448 -9677.
Young Spanish Filmmakers Cycle:
Centro Cultural Espanol shows four
recent successes of Spanish cinema.
Isabel Coixet, Iciar Bollain, Juan Car-
los Fresnadillo and Alejandro
NEIGHBORS CALENDAR
Amenabar are some of the best
known filmmakers of the actual
Spanish cinematography. The four
motion pictures selected offer an
accurate overview of the different
genres and styles that are shown in
the Spanish theater; 7 p.m. Tuesday;
Centro Cultural Espanol, 800 Doug-
las Rd. Ste. 170, Coral Gables; Free.
305- 448 -9677.
MIAMI -DADE SPECIAL
ART EVENTS
Battle Of The Bands: In connections
with a rock -'n' -roll art exhibit (see
below), South Florida -based bands
perform, including The Pots & Pans,
Sinister Smith. Airship Rocketship,
Electric Bunnies, TV Club.7 p.m.
Thursday, Aug, 28; Museum of Con-
temporary Art (MOCA), 770 NE
125th St. Joan Lehman Building,
North Miami; free with museum
admission, of $5. $3 students and
seniors with ID, free for members,
children 11 and under and North
Miami residents. 305- 893 -6211 or
mocanomi.org.
Deco and Design Tour: Two-hour
adventure begins with a walking tour
of the Art Deco District, then moves
inside to explore the Wolfsonian's
collection. Focuses on New Deal
architecture and the exhibition -A
Bittersweet Decade -The New Deal in
America. RSVP and advance ticket
purchase required; 6 p.m. Friday;
-The Wolfsonian-FIU, 1001 Washing-
ton Ave.. Miami Beach; $20 -non
members, $10- members.
305- 535 -2644 or education athe-
wolf.fiu.edu.
Egypt's Golden Empire: Screening
of film on Egypt when it was the cen-
ter of the known world, its Pharaohs
called gods and great cities, temples
and tombs built. 6:30-7.30 p.m.
Thursday, Lowe Art Museum, Univer-
sity of Miami, 1301 Stanford Dr., Coral
Gables; free with paid museum
admission: $10,$5 seniors and
non -UM students„ free for members
and UM students, faculty and stu-
dents with ID. 305 -264 -3535 or low -
emuseum.org.
Lecture on Artist Carlos Enrfquez:
Juan Martinez, an art historian and
director of the Art and Art History
Department at Florida International
University, lectures on the life and
work of the late Cuban modern mas-
ter painter: 7.9 p.m. Wednesday;
Cernuda Arte, 3144 Ponce de Leon -
Blvd., Coral Gables: free. RSVP at
305- 461 -1040.
MIAMI -DADE ART
MUSEUMS
INSTITUTIONS
Bass Museum of Art: 10 a.m.-5 p.m.
Tuesday - Saturday, it a.m. -5 p.m.
Sunday; 2121 Park Ave. (in Collins
Park), Miami Beach; $12 adults, $10
seniors. $6 students, free for kids 5
and under. 305- 673 -7530 or bass -
museum.org:
• 20th Century Works on Paper
from the Fundacion M,apfre Collec-
tion, 80 works by some of the 20th
century's most renowned Spanish
artists plus artists from other coun-
tries who were influenced by Spain.
Artists include Pablo Picasso, Joan
Mir6, Sonia Delaunay, Juan Gris,
Francis Picabia and Joaquin Torres -
Garcia: through Nov. 2.
• Treasures from the Bass Museum
of Art, selected collection from the
museum, includes tapestries and
paintings by masters such as Sandro
Botticelli and Domenico Ghirlandaio.
Coral Gables Museum Exhibition:
Features art and artifacts that will be
displayed at the new museum set to
open in 2009. Includes Coral Gables
memorabilia and items highlighting
the four visionaries behind the City
Beautiful; 1-4 p.m. Wednesdays and
Sundays until the museum opens in
2009; Old Spanish Village. 2901
Ponce de Leon Blvd., Coral Gables;
free. 305 -910 -3996.
Historical Museum of Southern Flor-
ida:101 W. Flagler St., Miami; l0
a.m. -5 p.m. Monday - Saturday and
noon -S on Sunday; $8 adults, $5 kids
6 -12, free for members and kids 5
and under. Free admission 10 a.m.-5
p.m. every second Saturday.
305 -375 -1492 or hmsf.org:
• Arne Mergen- Florida Cartoons,
editorial cartoons by one of the first
women in the U.S. to break into the
male - dominated field. Mergen's car-
toons highlighted many issues that
affected Florida. including Miami -
Dade County; through Sept. 4.
Jewish Museum of Florida: 10 a.m: 5
p.m. Tuesday-Sunday;301Washing-
ton Ave., Miami Beach. $6 adults; $5
students and seniors; free for kids 5
and under. 305- 672 -5044, ext 21:
• Florida Jews in Sports, exhibit
portrays athletes on miniature play-
ing fields and highl;ghts the impact
of more than 150 Floridian Jews who
participated in or covered 24 sports
over more than a century, including
players, coaches, team owners and
journalists; through Feb. 15.
• MOSAIC: Jewish Life in Florida,
features more than 500 photo-
graphs and artifacts.
Lowe Art Museum: 10 a.m: 5 p.m.
Tuesday - Wednesday, noon -7 p.m.
Thursday, 10 a.m: S p.m. Friday -Sat-
urday, noon -5 p.m. Sunday, closed
Mondays; University of Miami, 1301
Stanford Dr., Coral Gables; $10, $5
seniors and non -UM students, free
for members and UM students, fac-
ulty and students with ID.
305 -284 -3535 or lowemuseum.org:
• Excavating Egypt -Great Discover-
ies from the Petrie Museum of Egyp-
tian Archaeology, traveling exhibi-
tion tells the story of British pioneer
and archaeologist Sir William Mat-
thew Flinders Petrie. He participated
in excavations in Egypt for more
than 50 years. The exhibition dis-
plays 221 of his most significant
finds; through Nov. 2.
Margulies Collection at the Ware-
house: The museum is temporarily
closed for major renovations. It will
reopen in early November with a
new exhibition of sculpture, video
and photography; ll a.m.-4 p.m.
Wednesdays- Saturdays; 591 NW
27th St., Miami; free. 305-576-1051.
Miami Art Museum: l0 a.m.-5 p.m.
Tuesday - Friday, noon -5 p.m.Satur-
day and Sunday; 101 W. Flagler St.,
Downtown Miami; $8, $4 seniors,
free for members, students and chil-
dren and every second Saturday of
each month. 305 -375 -3000 or mia-
miartmuseum.org:
• Sean Duffy -New Work, the Los
Angeles -based artist known for fus-
ing multiple turntables into func-
tional single players displays his
installation inspired by California
pop culture of the 1960s. Features a
-TURN TO CALENDAR, 30
t
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, September 2, 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:
AN ORDINANCE RELATING TO A REQUEST TO AMEND LAND
DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR
SEATING/DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR
PROPERTIES IN THE RD RESIDENTIAL OFFICE ZONING DISTRICT'
IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS
APPUCABLE TO OUTDOOR SEATING FOR RESTAURANTS; DELETING
REPETITIVE SECTION 211-7.29 ENTITLED "OUTDOOR SEATING/DINING
USES AND AREAS ".
(the above ordinance is being advertised in the event that substantial
changes are introduced at the August 27, 2008 meeting, therefore
requiring a subsequent hearing).
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE
CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (1),
(J), (K). (L), (M) AND (N) FROM ARTICLE IV SECTION 20 -4.5 ENTITLED
LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR ANEW
SECTION 20 -0.12 ENTITLED TREE PROTECTION; CONTAINING INTENT,
DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL
PERMITAPPLUCATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA
FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION,
APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING
FOR A REPEAL PROVISION AND A SEVERABILTTY CLAUSE.
AN ORDINANCE RELATING TO NOISE, AMENDING ARTICLE III,
SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE
DATE AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED,
PROVIDING FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING.
AN ORDINANCE RELATING TO A REQUEST TO AMEND THE LAND
DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED
"DEFINITIONS" IN ORDER TO PROVIDE NEW DEFINITIONS FOR
BAKERY, BOARDING HOUSE, TOURIST DWELLING, GROUP HOME, AND
MODIFYING THE DEFINITIONS OF COMMUNITY RESIDENTIAL HOME
AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION
20-3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET
FORTH THE ZONING USE DISTRICTS WHICH WILL PERMIT BOARDING
HOUSES, TOURIST DWELLINGS, AND GROUP HOMES.
AN ORDINANCE RELATING TO THE PERMIT FEE7FEE SCHEDULE;
AMENDING ORDINANCE 32 -01 -1763 AND 15 -04 -1822 AS AMENDED
BY ORDINANCES TO, INCREASING SOME PERMIT FEE, ADDING NEW
FEES AND DELETING SOME FEES FROM THE SCHEDULE
AN ORDINANCE RELATING TO THE CODE OF ORDINANCE; AMENDING
SECTION' 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY
J COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME LIMITS.
/ A RESOLUTION FOR SPECIAL USE APPROVAL FOR A SMALL
RESTAURANT TO BE LOCATED AT 5800 SW 73r0 STREET WITHIN THE
"SR (HD -0V)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY)
ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS
46 AND 47 LESS THE WEST 60 FEET, W. A LARKINS SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT
PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY.
If you have any inquiries on the above items please contact the City Clerk's office
at 305- 663 -6340.
ALL interested parties am Invited to attend and will be heard
Maria M. Menende; CMC
City Clerk
Pursuant to Ronda Slatvtes 2 86.0105, the City hereby edWS the pubt, that 9, person dmdm
to appeal arty decision made by this Boo d, Agmry w Commission with respect m any mabw
cwaideretl al es meeting ur heaping, hew she "I n� a rcmrd of the Voceedrgs, and that tw
such putpooii. affected person may nstl to ahsure that a vo batim nxwd d the pr dk gs is
made which n —d includes the testimony and evo —upon which the appeal is to Im based.
29
a
0
METRO & STATE
01C)
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, September 16,
2008 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider
the following items:'
AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,
ARTICLE I, SECTION 2 -2.1 (B) AND (1y)(1)(k), IN ORDER TO BE CONSISTENT WITH THE.CITY'S
CHARTER ARTICLE 11, SECTIONS 5 B,AND 6 B(3); AND EDITING THE ORDINANCETO CORRECT
SCRIVENERS ERRORS.
AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,
ARTICLE II, SECTIONS 2 -6, 2 -7.1, 2 -1 Old), AND 2 -15, IN ORDER TO BRING THE CODE UP
TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, SECTION 1;
AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS.
AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,
ARTICLE III "BOARDS AND COMMISSIONS,' SECTIONS 2 -21, 2 -22, AND 2 -23, IN ORDER
TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER
ARTICLE 11. SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS
ERRORS.
AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 9,
"ELECTIONS," SECTIONS 9 -1, 9-1.1.,9-2, 9 -3, 9-6,9-7,9-8, AND 9 -10, IN ORDER TO BRING
THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V.
AND WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT
SCRIVENERS ERRORS,
A ORDINANCE RELATING TO AMENDMENT OF 2007 -2008 FISCAL YEAR BUDGET;
APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO
TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST WITHIN
EACH CITY DEPARTMENT PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER FOR
THE BUDGET YEAR ENDING SEPTEMBER 30, 2008, AND TO INCREASE THE CURRENT
YEAR BUDGET FOR DEBT SERVICE AND CAPITAL IMPROVEMENTS .(GARAGE LOAN) NOT
INCLUDED INTHE FINALADOPTED BUDGET, BUT INCURRED IN THE CURRENTYEAR;AND
AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY.
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (1), (J), (K), (L), (M) AND (N) FROM
ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO
PROVIDE FORA NEW SECTION 20 -4.12 ENTITLED TREE PROTECTION; CONTAINING INTENT,
DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS,
REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE
MMGAT10NAND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING
FORA REPEAL PROVISION AND SEVERASLRY CLAUSE.
AN ORDINANCE RELATING TO NOISE, AMENDING ARTICLE III, SECTION 15 -91, OF THE
CODE OF ORDINANCES; CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE
IS PERMITTED.
AN ORDINANCE RELATINGTOTHE PERMIT FEE/FEE SCHEDULE; AMENDING ORDINANCE
32 -01 -1763 AND 15 -04 -1822 AS AMENDED BY ORDINANCES TO, INCREASING SOME
PERMIT FEE, ADDING NEW FEES AND DELETING SOME FEES FROM THE SCHEDULE.
AN ORDINANCE RELATING TO THE CODE OF ORDINANCE; AMENDING SECTION' 2- 2.1(A)
ENTITLED "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS", TO ALLOW FOR
MEETING TIME LIMITS.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(19) OF THE
LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT
TO BE LOCATED AT 5800 SW 73" STREET WITHIN THE "SR (HD -OV)" SPECIALTY
RETAIL (HOMETOWN, DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY
DESCRIBED AS LOTS 46 AND 47 LESS THE WEST 60 FEET, W. A. LARKINS SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE
PUBLIC RECORDS OF MIAMI -DADE COUNTY.
I
If you have any inquiries on the above items please contact the City Clerk's office at:
305 - 663 -6340
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. -
D1 SATURDAY, SEPTEMBER 6, 2008 1 5B
relating to the Social and Economic Development Council
• Ordinance amending Section 10 -33.02 of the Code of Miami -Dade County;
pertaining to the Community Small Business Enterprise (CSBE) program for
the purchase of construction services; providing for enforcement and
penalties for failure to satisfy an approved CSBE make -up plan; amending
Section 8cc of the Code of Miami -Dade County
• Ordinance amending Ordinance No. 07 -129 to transfer eight percent local
business tax revenues to the Beacon Council from the Office of Community
and Economic Development; amending Section 8a -171.2 of the Code of
Miami Dade County, Florida relating to local busiress tax
• Ordinance amending Ordinance No. 07 -129. relating. to the transfer of eight
percent local business tax revenues from Office of Community and Economic
'Development to Metro -Miami Action Plan Trust; providing such percentage
shall be allocated by the Beacon Council to Metro -Miami Action Plan. Trust
•.Resolution approving application of Excel Transportation, Inc. to modify
Certificate of Transportation No. 123 to provide Jitney Service as a passenger
motor carrier
Transit Committee (TC) of Wednesday. September 10.1008. at 2:00 PM
• Ordinance relating to seaport safety; amending Sections 28a -6.4 and 28a -6.6
of the Code of Miami -Dade County; requiring the Port Director to consider a
stevedore applicant's work- related safety record in issuing stevedore licenses
and permits; authorizing the Port Director to suspend or revoke stevedore
licenses and permits based on the stevedore's work- related safety record;
.creating Section 28a -6.7; requiring stevedore license and permit holders to
report work- related accidents, injuries, deaths and regulatory actions to the
Director
• Ordinance amending Section 30 -388.2 of the Code of Miami -Dade County;
providing that consistent with state law parking charges maybe imposed on
vehicles displaying a disabled parking - permit or license tag at any County
Airport or Seaport undet specified circumstances, but that such charges may
not be imposed for certain vehicles as defined. in such state law
Airport and Tourism Committee (ATC) of Thursday: September 11. 2008.
at 9:30 AN
• Ordinance amending Section 30 -388.2 of the Code of Miami -Dade County;
providing that consistent with state law parking charges may be imposed on
vehicles displaying a disabled parking permit or license tag at any County
Airport or Seaport under specified circumstances, but that such charges may
not be imposed for certain vehicles as defined in such state law
• Ordinance creating Aircraft Noise Abatement Advisory Board for Miami
International Airport; providing membership, purpose, procedures, powers
and duties
• Ordinance creating Miami International Airport Neighborhood Relations
Committee; providing purpose, membership, procedure, powers and duties;
staff
Health and Public Safety Committee (HPSC) of Thursday. September 11,
2008, at 2:00 PM
• Ordinance pertaining to animals; creating Section 5 -21 and amending
Section 8cc -10 of the Code of MiamkDade County; regulating the tethering of
dogs; providing authority for enforcement by civil penalty
All interested - parties may appear and be heard at the time and place specified.
A person who decides to appeal, any decision made by any board, agency, or
commission with respect to any matter considered at its meeting or hearing, will need a
record of proceedings. Such persons may need to ensure that a verbatim record of the
proceedings is made, including the testimony and evidence upon which the appeal is to
be based.
Miami -Dade County provides equal access and equal opportunity and does not
discriminate on the basis of disability in its programs or services. For material in
alternate format, a sign language interpreter or other accommodation, please call 305-
375 -3943.
HARVEY RUVIN, CLERK
KAY SULLIVAN, DEPUTY CLERK