03-20-07 Item 11To:
Via:
From:
Date:
South Miami
nll nw icaCily
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor Feliu and Members of the City Commission
Yvonne S. McKinley, City Manager
Julian Perez, Planning Director
March 20, 2007
ITEM No.
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING SECTION 20- 3.3(D)
AND SECTION 20 -7.12 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
ALLOW A BOWLING ALLEY / RESTAURANT/ ENTERTAINMENT CENTER AS A PERMITTED USE
IN THE SR(HD -OV) SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONE DISTRICT;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE
Request
The applicant, L & M Enterprises of South Miami, Inc., is proposing to open a new establishment entitled
"Splitsville" in the Shops at Sunset Place, which is within the "SR(HD -OV ", Specialty Retail — Hometown District
Overlay Zone. The business is a combination bowling alley and restaurant. The current Permitted Use Schedule in
the Land Development Code allows bowling alleys and skating rinks as special uses in only one zoning district,
the "GR ", General Retail District, which primarily covers property facing S. Dixie Highway and Bird Road. The
applicant's request is to permit bowling alleys as a Permitted Use (matter of right) in the "SR(HD -OV)" zoning
district. It is important to note that the submitted application is a request to change the general text of the Land
Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all
properties located in the zoning use district in which the use would be allowed.
Staff Observations
(1) The applicant's specific request would permit bowling alleys and skating rinks as a "P" permitted use (matter
of right) in the SR and the Hometown Zoning District. There would be no special use hearings or conditions
applied to a proposed development.
(2) Staff is concerned that future development in the Hometown / SR zoning area could result in bowling alleys
and skating rinks being developed without the extra scrutiny provided by the special use category.
(3) The applicant's proposal of a high -end bowling alley/ entertainment use is very different from the standard
recreational bowling establishments located on major arterial streets and highways. It is suggested that the type
of facility planned by the applicant be listed as a separate use from the bowling alley/ skating rink category.
(4) The staff proposed that a new separate category , entitled `Bowling Alley /Restaurant /Entertainment Center" be
listed as "P" use in the "SR" zone on the Permitted Use Schedule and on the list of use permitted uses set forth
in the Hometown Overlay District Sec. 20 -7.12. It is important to note that any future similar uses would still
be subject to special use procedures because all restaurants are special uses.
(2)
Planning Board Action
The Planning Board at its January 30, 2007 meeting, after public hearing, voted 4 ayes 2 nays (Mr. Morton, Mr.
Davis) to recommend approval of the proposed amendment to allow a "bowling alley /restaurant/entertainment
center "as a permitted use with the SR and (HD -OV) zoning districts.
Recommendation
It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to allow a
"bowling alley /restaurant/entertainment center "as a permitted use with the SR and (HD -OV) zoning districts be
approved as recommended above by staff.
Backup Documentation:
Draft Ordinance
Planning Department Staff Report 1 -30 -07
Application
Letter of Intent
Excerpt Planning Board Minutes 1 -30 -07
Public notices
J D /SAY
P: \Comm Items\2007 \3- 20- 07 \PB -07 -004 LDC Amen Bowling in SR CM Report.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING
SECTION 20- 3.3(D) AND SECTION 20 -7.12 OF THE SOUTH MIAMI LAND DEVELOPMENT
CODE IN ORDER TO ALLOW A BOWLING ALLEY/ RESTAURANT/ ENTERTAINMENT
CENTER AS A PERMITTED USE IN THE SR(HD -OV) SPECIALITY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Application No. PB -07 -004 was submitted to the Planning Department by L & M
Enterprises of South Miami, Inc., said application requesting that Section 20- 3.3(D), Permitted Use
Schedule and Section 20 -7.12 of the City's Land Development Code be amended to permit bowling
alleys as a Permitted Use in the "SR(HD -OV)" zoning district; and
WHEREAS, after review, the Planning Department recommended amending Section 20- 3.3(D)
"Permitted Use Schedule," and Section 20 -7.12 entitled "Permitted Uses" of the City's Land
Development Code to allow a bowling alley, restaurant, entertainment center as a permitted use; and
WHEREAS, on January 30, 2007 after Public Hearing regarding the proposed amendment to LDC
Section 20- 3.3(D) and Section 20 -7.12 the Planning Board approved a motion by a vote of _4 ayes 2 nays
recommending that a bowling alley, restaurant, entertainment center as a permitted use in the "SR "and
the "Hometown Overlay District'; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and
enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land
Development Code is hereby amended to read as follows:
CPetian 20 -3.3 (D) Permitted Use Schedule
RITCINFSS AND PROFESSIONAL SERVICES
Bowling Alley Or Skating Rink
Bowling Alley/Restaurant/Entertainment
P
ZONING
DISTRICT
11
16
16
R
L
M
N
S
G
T
T
T
T
T
H
P
P
C
P
O
O
O
R
R
R
O
O
O
O
O
I
R
O
A
D
D
D
D
D
N
R
USE TYPE
D
D
D
D
D
D
K
M
M
L
P
P
U
U
I
I
R
4
5
4
RITCINFSS AND PROFESSIONAL SERVICES
Bowling Alley Or Skating Rink
Bowling Alley/Restaurant/Entertainment
P
S
11
16
16
Center
* Parking requirement category 16 requires 5 spaces per alley or per 500 sq ft of rink area
(Note: New wording in bold - underlined)
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(2)
Section 2 That Section 20 -7.12, entitled, "Permitted Uses "," of the South Miami Land Development
Code is hereby amended to read as follows:
Hometown Overlay District
20 -7.12 Permitted uses.
The uses below are applicable to both new and existing buildings in the Hometown District:
USE TYPE:
Unadjusted Parking
Requirements: 1
parking space
required per:
_
A. Storefront Uses
Antique or Curio Shop
300 SF
Bakery
300 SF
Bank or Savings
300 SF
Institution
Beauty or Barber Shop
300 SF
Bicycle Sales &
300 SF
Services
Book or Stationery
300 SF
Store
Bowin2
100 SF for rest.
Alley/Restaurant
5 spaces for each
Entertainment Center
alle
Bus, Transit or Taxi
400 SF
Terminal
Bus, Machine Sales &
300 SF
Services
(Note: New wording in bold - underlined)
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
remaining portions of this ordinance.
Section S.This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of , 2007
,''\• r1
MAYOR
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(3)
1St Reading -
2nd Reading-
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
P: \Comm Items \2007 \3- 20- 07 \PB -07 -004 LDC Amend Bowling in SR Ord.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING
SECTION 20- 3.3(D) AND SECTION 20 -7.12 OF THE SOUTH MIAMI LAND DEVELOPMENT
CODE IN ORDER TO ALLOW A BOWLING ALLEY / RESTAURANT/ ENTERTAINMENT
CENTER AS A PERMITTED USE IN THE SR(HD -OV) SPECIALITY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Application No. PB -07 -004 was submitted to the Planning Department by L & M
Enterprises of South Miami, Inc., said application requesting that Section 20- 3.3(D), Permitted Use
Schedule and Section 20 -7.12 of the City's Land Development Code be amended to permit bowling
alleys as a Permitted Use in the "SR(HD -OV)" zoning district; and
WHEREAS, after review, the Planning Department recommended amending Section 20- 3.3(D)
"Permitted Use Schedule," and Section 20 -7.12 entitled "Permitted Uses" of the City's Land
Development Code to allow a bowling alley, restaurant, entertainment center as a permitted use; and
WHEREAS, on January 30, 2007 after Public Hearing regarding the proposed amendment to LDC
Section 20- 3.3(D) and Section 20 -7.12 the Planning Board approved a motion by a vote of _4 ayes 2 nays
recommending that a bowling alley, restaurant, entertainment center as a permitted use in the "SR "and
the "Hometown Overlay District"; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and
enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land
Development Code is hereby amended to read as follows:
Section 20 -3.3 (D) Permitted Use Schedule
BUSINESS AND PROFESSIONAL SERVICES
Bowling Alley Or Skating Rink
Bowling Alley/Restaurant/Entertainment
P
ZONING
DISTRICT
11
16
16
R
L
M
N
S
G
T
T
T
T
T
H
P
P
C
P
O
O
O
R
R
R
O
0
0
0
0
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R
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USE TYPE
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D
D
D
D
D
K
M
M
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P
P
U
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R
4
5
4
BUSINESS AND PROFESSIONAL SERVICES
Bowling Alley Or Skating Rink
Bowling Alley/Restaurant/Entertainment
P
S
11
16
16
Center
* Parking requirement category 16 requires 5 spaces per alley or per 500 sq ft of rink area
(Note: New wording in bold - underlined)
(2)
Section 2 That Section 20 -7.12, entitled, "Permitted Uses "," of the South Miami Land Development
Code is hereby amended to read as follows:
Hometown Overlay District
20 -7.12 Permitted uses.
The uses below are applicable to both new and existing buildings in the Hometown District:
USE TYPE:
Unadjusted Parking
Requirements: I
parking space
re uired per:
A. Storefront Uses
Antique or Curio Shop
300 SF
Bakery
300 SF
Bank or Savings
300 SF
Institution
Beauty or Barber Shop
300 SF
Bicycle Sales &
300 SF
Services
Book or Stationery
300 SF
Store
Bowing
100 SF for rest.
Alley/Restaurant
5 spaces for each
Entertainment Center
alle
Bus, Transit or Taxi
400 SF
Terminal
Bus, Machine Sales &
300 SF
Services
(Note: New wording in bold - underlined)
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 41 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
remaining portions of this ordinance.
Section S.This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this. day of , 2007
ATTEST:
CITY CLERK
APPROVED:
MAYOR
(3)
I" Reading -
2"d Reading-
Commission Vote:
READ AND APPROVED AS TO FORM: Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
CITY ATTORNEY
P: \Comm Items \2007 \3- 20- 07 \PB -07 -004 LDC Amend Bowling in SR Ord.doc
SOUT�l
N CO R P O RATED
1927
�ORt
CITY OF SOUTH MIAMI
To: Honorable Chair &
Planning Board Members
From: Julian Perez
Planning Director
South Miami
All- America City
2001
Date: January 30, 2007
RE: LDC Amendment
Permit Bowling Alley in SR District
PB -07 -004
Applicant: L & M Enterprises of South Miami, Inc.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING
SECTION 20- 3.3(D) AND SECTION 20 -7.12 OF THE SOUTH MIAMI LAND DEVELOPMENT
CODE IN ORDER TO ALLOW A BOWLING ALLEY AS A PERMITTED USE IN THE SR(HD-
OV) SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONE DISTRICT;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE
SUMMARY
The applicant, L & M Enterprises of South Miami, Inc., is proposing to open a new establishment entitled
"Splitsville" in the Shops at Sunset Place, which is within the "SR(HD -OV ", Specialty Retail —
Hometown District Overlay Zone. The business is a combination bowling alley and restaurant. The
current Permitted Use Schedule in the Land Development Code allows bowling alleys and skating rinks
as special uses in only one zoning district, the "GR ", General Retail District, which primarily covers
property facing S. Dixie Highway and Bird Road. The applicant's request is to permit bowling alleys as a
Permitted Use (matter of right) in the "SR(HD -OV)" zoning district.
It is important to note that the submitted application is a request to change the general text of the Land
Development Code, and is not site specific. If the proposed amendment is approved, it would be
applicable to all properties located in the zoning use district in which the use would be allowed.
STAFF OBSERVATIONS
(1) The applicant states in a Letter of Intent that the proposed bowling alley will be part of an high end
entertainment establishment which will include a restaurant lounge. A separate application requesting
special use approval of the restaurant element has also been submitted. The applicant further states
that a bowling alley is compatible with the entertainment hub which is developing in the Hometown
Zoning District.
(2) The applicant's specific request would permit bowling alleys and skating rinks as a "P" permitted use
(matter of right) in the SR and the Hometown Zoning District. There would be no special use
hearings or conditions applied to a proposed development.
(3) The current Permitted Use Schedule allows bowling alleys and skating rinks in the GR zone as a "S",
special use which requires a review procedure (public hearings) and allows the City to add conditions.
LDC Amendment
Permitted Use Amendment
January 30, 2007
It is assumed that the special use category was assigned because of the proximity of the GR zone to
residential zoning districts.
(4) Staff is concerned that future development in the :Hometown / SR zoning area could result in bowling
alleys and skating rinks being developed without the extra scrutiny provided by the special use
category.
(5) The applicant's proposal of a high -end bowling alley/ entertainment use is very different from the
standard recreational bowling establishments located on major arterial streets and highways. It is
suggested that the type of facility planned by the applicant be listed as a separate use from the
bowling alley/ skating rink category. The specific amendment containing the staff's recommendation
is shown below.
SPECIFIC LDC AMENDMENTS
In order to accomplish what is requested in the application Section 20- 3.3(D) Permitted Use Schedule
and Section 20 -7.12 must be amended as follows:
Section 20 -3 3 (D) Permitted Use Schedule
uTrenvFCC AN7) PRnF1WCCI(1NA1, CFRV_FCVS
-V V
Bowling Alley Or Skating Rink
Unadjusted Parking
Requirements: 1
parking space
required per:
A. Storefront Uses
Antique or Curio Shop
300 SF
ZONING
300 SF
DISTRICT
Bank or Savings
Institution
300 SF
11
16
R
L
M
N
S
G
T
T
T
T
T
H
P
P
C
P
O
O
O
R
R
R
O
0
0
0
0
I
R
O
A
16
Center
D
D
D
D
D
N
R
USE TYPE
D
D
D
D
D
D
K
M
M
L
P
P
U
U
I
I
R
4
5
4
uTrenvFCC AN7) PRnF1WCCI(1NA1, CFRV_FCVS
-V V
Bowling Alley Or Skating Rink
Unadjusted Parking
Requirements: 1
parking space
required per:
A. Storefront Uses
Antique or Curio Shop
300 SF
Bakery
300 SF
Bank or Savings
Institution
300 SF
11
16
S
Bowling Alley/Restaurant/Entertainment
P
16
Center
* Parking requirement category 16 requires 5 spaces per alley or per -')UU sq tt of rinx area
(Note: New wording in bold - underlined)
Hometown Overlay District
20 -7.12 Permitted uses.
The uses below are applicable to both new and existing buildings in the Hometown District:
USE TYPE:
Unadjusted Parking
Requirements: 1
parking space
required per:
A. Storefront Uses
Antique or Curio Shop
300 SF
Bakery
300 SF
Bank or Savings
Institution
300 SF
LDC Amendment
Permitted Use Amendment
January 30, 2007
Beauty or Barber Shop
300 SF
Bicycle Sales &
300 SF
Services
Book or Stationery
300 SF
Store
Bowin2
100 SF for rest.
Alley/Restaurant
5 spaces for each
Entertainment Center
al le
Bus, Transit or Taxi
400 SF
Terminal
Bus, Machine Sales &
300 SF
Services
(Note: New wording in bold - underlined)
RECOMMENDATION:
It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to
allow a bowling alley as a permitted use with the SR(HD -OV) zoning districts be approved as
recommended above by staff.
Attachments:
Application
Applicant's Letter of Intent
Public notices
JP /SAY
P: \PB\PB Agendas Staff Reports\2007 Agendas Staff Reports \1- 30- 07 \PB -07 -004 LDC Amend Bowling in SR.doc
City of South Miami
Plann ning 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: 5701 Sunset Drive Lot(s)
Block Subdivision C'arvPrG
Suite 212 PB - 6- --36 Please see full legal
Meets & Bounds:
Applicant: L &M Enterprises of South Phone:
( 407) 425 -6826 Ext. 23
��
Representative: Lauren M. Harper, Esq. Organization: Shutts & Bowen LLP
201 S. Biscayne Blvd., Suite 1500
Address: Miami, FL 33131 Phone:
( 305) 358 -6300
Property Owner: Bakery Associates, Ltd. , aSignature:
Florida Limited Partnership
Mailing Address: Phone:
225 W- Washinaton St Tndianapolis, IN 46204
(31 7) 636-1600
Arch itect/Engineer: Ray Schaefer Phone:
( 407) 351-8787
Maverick Architecture and Design
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative Contract to purchase
_Option to purchase X-Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: _
PLEASE CHECK ALL THAT APPLY:
Text Amendment to LDC _Variance
-X Letter of intent
_ Zoning Map Amendment _Special Use
-X Justifications for change
_ PUD Approval _Special Exception
_ Statement of hardship
_ PUD Major Change _Other (Waiver of Plat)
_X Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code sections:
_ Contract to purchase
— Current survey (1 original sealed and
Text Amendment to Permitted Use Schedule to
allow a bowling alley use as a "permitted
use'
signed /1 reduced copy @ 11" x 17")
,X 15 copies of &L—Plem and Floor Plans
within the Specialty Retail Hometown District
Overlay Zoning district.
1 reduced copy @ 11 " x 17"
20% Property owner signatures
Section: Subsection: Page #: Amended Date:
_X Mailing labels (3 sets) and map
_X Required Fee(s)
Sections: 20 -5.7; 20- 3.3(D); 20 - -7.12
-* A15o i4ciu4es 5ecand Level FlOor #Plans for
The undersigned has read this completed application and represents that the information and all submitted materials are true SUhjef
and correct to the best of the applicant's knowledge and belief. IP IQCe
Applicant's Si
Upon r
other applicable
vate
ions and all submitted materials will be reviewed for compliance with the Land Development Code and
pplications 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 Pavment
11/1/05
KATATN1rC 1ROA110 1
SHUTTS
JQX
%A'
BOWEN
LLP
ATTORNEYS AND COUNSELLORS AT LAW
LAUREN M. HARPER, ESQ.
(305) 415 -9496 Direct Telephone
(305) 415 -9896 Direct Facsimile
December 28, 2006
Mr. Sandy Youkilis, AICP
Planning & Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
E -MAIL ADDRESS:
lharper @shutts- law.com
Re; Letter of Intent and Justification/Text Amendment to Permitted Use
Schedule
Dear Mr. Youkilis:
This firm represents L &M Enterprises of South Miami, LLC ( "Applicant "), a tenant at
the Shops of Sunset Place ( "Sunset Place "), with a lease -hold interest in approximately 25,000
square feet of space located on the second level of Sunset Place. The Applicant's project within
Sunset Place has a physical address of 5701 Sunset Drive, Suite 212, City of South Miami
( "City ") and lies within the Specialty Retail ( "SR ") zoning district as well as the Hometown
District Overlay ( "HDO "). The HDO, which is located within the City's downtown area,
encompasses the entire SR zoning district as well as a small section of property to the south of
the SR district, and is bound by South Federal Highway to the north and west, S.W. 57th Avenue
to the east and approximately by S.W. 74"t Terrace to the south.
I. The Request
The Applicant hereby requests that the City approve a Text Amendment to the Permitted
Use Schedule of the City's Land Development Code ( "LDC ") to allow a bowling alley use as a
permitted use within the SR/HDO zoning district (the "Text Amendment "). The Applicant
proposes the following specific text change to the City's LDC:
A. Section 20- 3.3(D)/Permitted Use Schedule: Insert a "P" (which is the
notation for "Permitted by Right ") at the intersection of the "Zoning
District" column for "SR," and the "Use Type" column for "Bowling Alley
or Skating Rink."
1500 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • TELEPHONE (305) 358 -6300 • FACSIMILE (305) 381 -9982 • WEBSITE: www.shutts- law.com
MIAMI FORT i A I TnFRTI A IF WFCT PAT M RFAr Aa An n 1.-PA 1.TI A .wc . rr.wrnr+wr
Mr. Sandy Youkilis, AICP
December 28, 2006
Page 2
II. Justification for Text Amendment
A bowling alley is an ideal supplementary use for the limited parameters of the SR/HDO
zoning district and should be permitted through the Text Amendment. First, such a use is
compatible with the various uses within and surrounding the SR/HDO zoning district. The
SR/HDO district and the surrounding areas embody the retail and entertainment hub of the City
and include among other uses, an interactive arcade, movie theater, sports bar /restaurant, as well
as a variety of restaurants and specialty stores. Furthermore, permitting a bowling alley use
within the SR/HDO zoning district would improve the economic and social vitality within the
City's downtown center, a main objective behind the creation of the HDO.
III. Specific Project Affected by Proposed Amendment: Splitsville
The Applicant requests the above Text Amendment so that it may construct a bowling
alley within Splitsville, an entertainment /restaurant concept for their second level space within
Sunset Place. Splitsville introduces not just bowling, but a high -end bowling and restaurant
lounge to the City that both compliments and enhances the City's downtown area. Although
Splitsville is a bowling - themed concept, eighty (80) percent of Splitsville's business is derived
from food and beverage sales. The attached floor plan for the proposed Splitsville project at
Sunset Place, prepared by Maverick Architecture & Design, shows that Splitsville will include
fourteen (14) bowling lanes, a bar, a sushi counter as well as lane -side, dining room and exterior
dining. Splitsville targets a diverse demographic ranging from children and families during the
day to an older, sophisticated segment of the population at night. Splitsville also generates
significant business by holding events for corporations. The same owner as Dan Marino's Fine
Foods & Spirits within Sunset Place, the Applicant has a proven track record for creating quality
projects and has already successfully opened a Splitsville facility within Channelside in Tampa.
We appreciate your attention to this matter and look forward to your favorable review
and recommendation in connection with this application. Please do not hesitate to contact us
should you have any questions.
LMH /gw
Attachments
cc: Mr. Mark Gibson
Mr. Tom Hanchar
Mr. Gregory E. Zimmerman
Rise A. Friedman, Esq.
Judith A. Burke, Esq.
Maria A. Gralia, Esq.
MIADOCS 1901057 1
Very truly yours,
Lauren M. Harper
SHUTTS & BOWEN UP
MIAM FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON
SIMON °I
GROUP, INC.
December 18, 2006
Mr. Sandy Youkilis, AICP
Planning and Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Shops at Sunset Place
Lease by and between Shops at Sunset, LLC ( "Landlord ") and
L &M Enterprises of South Miami, LLC ( "Splitsville ") for premises located
at The Shops at Sunset Place (the "Project ")
Dear Mr. Youkilis:
Bakery Associates LTD., a Florida limited partnership ( "Owner") is the fee owner of the
Project. Pursuant to a long -term ground lease by and between Owner and Landlord, Landlord
operates the Project and is authorized to enter into leases.
Owner desires to have Splitsville as a tenant at the Project, and Owner hereby approves
the following applications that Splitsville will submit to the City of South Miami (the "City ")
Planning and Zoning Department:
1. Text Amendment to the Permitted Use Schedule of the City's Land Development
Code to allow a bowling alley use as a "permitted use" within the Specialty
Retail/Hometown District Overlay ( "SR/HDO ") zoning district; and
2. Special Use Permit to approve a restaurant use within the SR/HDO zoning district.
We appreciate the City's review of these matters. We believe that Splitsville will be a
good addition to the Project and the City.
Very truly yours,
BAKERY ASSOCIATES, LTD., a Florida limited
partnership
By: SIMON PROPERTY GROUP, L.P.,
a Delaware lint d partnership, its general
partner
By: SIMO JPR PERTY GROUP, INC., a
Delaware , o tion, its general partner
225 West Washington Street
Indianapolis, IN 46204
317636.1600 1 www.simon.com
Simon, Chief Executive Officer
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 30, 2007
City Commission Chambers
7:30 P.M.
EXCERPT
L Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:32 P.M.
Action: The Pledge of Allegiance was recited in unison.
IL Roll Call.
Action: Mr. Morton, Chair, requested a roll call.
Board members present constituting a quorum: I.W. Morton, Ms. Beckman, Mr. Davis,
Mr. Farfan, Ms. Young, and Ms. Lahif£
Board member absent: Ms. Yates.
City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning
Consultant), Eve Boutsis (City Attorney), and Christian Moya (Video Support).
IV. Planning Board Applications / Public Hearing
PR -fi7-find
Applicant: L & M Enterprises of South Miami, Inc.
Location: 5701 Sunset Dr. (Shops at Sunset Place)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATED TO THE PERMITTED USE SCHEDULE
BY AMENDING SECTION 20- 3.3(D) AND SECTION 20 -7.12 OF THE SOUTH
MIAMI LAND DEVELOPMENT CODE IN ORDER TO ALLOW A BOWLING
ALLEY AS A PERMITTED USE IN THE SR(HD -OV) SPECIALITY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONE DISTRICT; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE
Action: Mr. Morton read the Ordinance into the record.
Planning Board Meeting
January 30, 2007
Page 2 of 4
Mr. Youkilis explained that the applicant, L & M Enterprises of South Miami, Inc. is
proposing to open a new establishment entitled "Splitsville" in the Shops at Sunset Place,
which is within the "SR(HD -OV ", Specialty Retail — Hometown District Overlay Zone.
The business is a combination bowling alley and restaurant. The current Permitted Use
Schedule in the Land Development Code allows bowling alleys and skating rinks as
special uses in only one zoning district, the "GR ", General Retail District, which
primarily covers property facing South Dixie Highway and Bird Road. The applicant's
request is to permit bowling alleys as a Permitted Use (matter of right) in the "SR(HD-
OV)" zoning district. Mr.Youkilis noted that the submitted application is a request to
change the general text of the Land Development Code, and is not site specific. If the
proposed amendment is approved, it would be applicable to all properties located in the
zoning use district in which the use would be allowed.
Mr. Youkilis advised that the applicant states in a Letter of Intent that the proposed
bowling alley will be part of a high end entertainment establishment which will include a
restaurant lounge. A separate application requesting special use approval of the restaurant
element has also been submitted. The applicant further states that a bowling alley is
compatible with the entertainment hub which is developing in the Hometown Zoning
District. The applicant's specific request would permit bowling alleys and skating rinks as
a "P" permitted use (matter of right) in the SR and the Hometown Zoning. Mr. Youkilis
further advised that staff is concerned that future development in the Hometown / SR
zoning area could result in bowling alleys and. skating rinks being developed without the
extra scrutiny provided by the special use category.
The applicant's proposal of a high -end bowling alley/ entertainment use is very different
from the standard recreational bowling establishments located on major arterial streets and
highways. It is suggested that the type of facility planned by the applicant be listed as a
"Bowling Alley/Restaurant/Entertaimnent Center" instead of being included in the bowling
alley/ skating rink category. The specific recommendation was as follows:
Section 20 -3.3 (D) Permitted Use Schedule
ZONING DISTRICT
R L M N S G T T T T T H P P C P
O O O R R R O O O O O I R O A
USE TYPE D D D D D N R
D D D D D D K
M
M
L
P
P
U
U
I
I
R
4
5
4
BUSINESS AND PROFESSIONAL SERVICES
Bowling Alley Or Skating Rink I I I I I IS I I I I I I I I 1 11 1 16
Bowling Alley/Restaurant/Entertainment I I I I I p I I I I I I I I I I 116
* Parking requirement category 16 requires 5 spaces per alley or per 500 sq ft of rink area
(Note: New wording in bold - underlined)
Planning Board Meeting
January 30, 2007
Page 3 of 4
Recommendation: Staff recommended that the request to amend the Land Development
Code's Permitted Use Schedule and the SR(HD -OV) zoning district to allow a bowling
alley, restaurant, entertainment center as a permitted use be approved as recommended
above by staff.
Applicant: Ms. Lauren Harper, Esq. of the law firm of Shutts & Bowen 201 S. Biscayne
Blvd., stated that she and Ms. Maria Gralia, Esq. represented the applicant. She explained
that the proposal would fit in with the type of high end entertainment uses which are now
locating in the South Miami downtown. Ms. Harper advised that this same restaurant is
operating very successfully in downtown Tampa. Ms. Harper introduced Ray Schaefer, the
project architect who discussed the concept of mixing bowling and restaurants. He also
showed photographs of the Tampa facility and explained the quality of the design and
furniture. Mr. Schaefer also pointed out that a special consultant had been used to test if
sound from the bowling alley would affect other uses in the Shops. The result was that
there would be no spill -over sound.
Ms. Beckman asked if the company would consider an employment program insuring that
a percentage of jobs be made available to South Miami residents.
The Chair pointed out that he was concerned that if the "P" permitted as of right category
instead of the "S" category is used there would be no public hearings or city oversight on a
future proposal in the SR. Mr. Youkilis responded that this new type of facility must have
a restaurant and restaurants must go through the special use hearing process.
Chairman Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Frank Mazzotti 5723 SW 72 Str - - - - --
Mr. Mazotti explained that he lived in a Shops condo unit to the west of the proposed
establishment and that the condo owners were concerned about the bowling sound coming
into their units.
David Tucker 6556 SW 78 Terrace support
Mr. Tucker encouraged the applicant to allow community activities at the establishment
and that they should be careful about hiring bartenders.
Tucker Gibbs, Esq. 215 Grand Ave. - - - - - --
Mr. Gibbs advised that he represents the 25 North LLC, owner of over twenty of the condo
units at the Shops. Their primary concern is the sound. He has a copy of the applicant's
noise report but they will need to have their own experts review this issue before they
would support the proposal.
Valerie Burns 6031 SW 85 Str. -- - - - - --
Ms. Burns stated that she was part owner of several units and that they feel that the
proposed establishment would be an excellent addition to the Shops, however, they need to
check with their noise experts before they could give a 100% support.
Planning Board Meeting
January 30, 2007
Page 4 of 4
Leith Sandaval 5757 Sunset Drive - - - - - --
Ms. Sandival stated that she is a unit owner and was concerned about the noise and wanted
assurance that the noise would stop at 11 PM.
Alex Hanuszkieare 5729 Sunset Dr. opposed
Mr. Hanuskieare explained that he owned three units and that in the past they have had
noise problems from construction work, and that parking is a problem.
Maria Gralia 205 S. Biscayne Blvd. - - - - --
Ms. Gralia representing the applicant explained that they will do everything possible to
make sure that the facility will not disturb the residents.
Chairman Morton closed the public hearing
During discussion Ms. Young expressed concern about the noise and felt that the
acoustical engineer's report was not definite enough to assure that noise did not affect the
residential area. Mr. Youkilis explained that the existing parking category (No. 16) for
bowling alleys was used (5 spaces per alley) and that the bowling use and the restaurant
use total parking requirement was actually less than if the business was only a restaurant.
Action. Ms. Beckman made a motion to recommend approved of the proposed ordinance
as recommended by staff. The motion was seconded by Ms. Young.
The motion was adopted by a vote of 4 ayes 2 nays (Mr. Morton, Mr. Davis).
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EIGHBORS' CALENDAR
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Goulds; free 305.234 -4948 or . individuals can participate in the pro
305 - 234.1673 ' + gram to learn how to tandem bike, 9,
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Socialites: A social group for mildly a:m. Saturdays; Challenger Park,z
disabled young adults it their 20s- Northeast165th Street and 15th Ave-
40s, features trips to bowling alleys ' nue, North Miami Beach; free.
_
and theaters. - -305- 948 - 2957._
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Taedem Biking: Visually impaired .
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"COURTESY NOTICE
m
.CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, March 20, 2007, beginning at 7:30 p.m., in the City Commission
M
Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to
E
consider the following items:
AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING
Y
MAP OF THE CITY OF SOUTH MIAMI LAND ,DEVELOPMENT. CODE BY
DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5800 SUNSET DRIVE AS
AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION
OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FORTHIS
PROPERTY.
AN ORDINANCE RELATING TO CREATING SECTION 8A OF THE CITY'S CODE OF
ORDINANCES ENTITLED "CODE OF ETHICS" TO INCLUDE SECTION 8A -2,
WHICH SECTION SHALL BE ENTITLED' "CODE OF CONDUCT FOR ALL PUBLIC
OFFICIALS' . , .
AN ORDINANCE RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING'
SECTION 20- 3.3(D) AND SECTION 20 -7.12 OF THE SOUTH MIAMI LAND '
DEVELOPMENT CODE IN ORDER TO ALLOW A BOWLING ALLEY/ RESTAURANT!
ENTERTAINMENT CENTER AS A PERMITTED USE INTHE SR(HD -OV) SPECIALITY
RETAIL (HOMETOWN DISTRICT OVERLAY) ZONE DISTRICT.
A RESOLUTION RELATING TO A REQUEST_ PURSUANT TO SECTION 20-
3A(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL
TO LOCATE A RESTAURANT TO BE CALLED SPU SVILLE IN THE "SR (HD -0V)
SPECIALTY 'RETAIL HOMETOWN 'DISTRICT OVERLAY ZONING DISTRICT
�'. SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE)
A RESOLUTION RELATING TO A REQUEST FOR VARIANCES FROM SECTION
CONSTRUCCTION OP ADONE STORY SINGLE D FAMILY HOME N PROPERTY .,
LOCATED AT 6016 SW 63 STREET, SOUTH MIAMI, FLORIDA, WITHIN THE' RS-4"
SINGLE FAMILY' RESIDENTIAL ZONING USE' DISTRICT;. THE VARIANCE
REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10 INCHES
WHERE AMINIMUM OF 25 FEET 15 REQUIRED. ,
A RESOLUTION RELATING TO A REQUEST FOR TWO VARIANCES FROM
- 'SECTION 20-3,51E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW .
THE CONSTRUCTTIION OF A ONE STORY SINGE FAMILY HOME ON PROPERTY
LOCATED AT 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RS-4" '
°SINGLE FAMILY RESIDENTIAL ZONING .USE- 'DISTRICT; THE VARIANCES .
UILDING
A4796(1)SQUARE ILOTOSIZEBOF
-,,REQUESTED
FEET WH RE A MINIMUM 6000
-SQUARE FEET IS REQUIRED
AND 47 FEET OF FRONTAGE WHERE 60 FEET IS
REQUIRED; (2) A VARIANCE
TO PERMIT THE STREET SIDE YARD SETBACK TO
BE 13 FEET 9 INCHES WHERE
15 FEET IS REQUIRED.
A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF
' APPROPRIATENESS PURSUANT TO SECTION 20.5.190(3) OF THE LAND
DEVELOPMENT CODE TO 'PERMIT. THE INSTALLATION OF A SIGN ON A
COMMERCIAL BUILDING:LOCATED AT 5904 S. DIXIE HIGHWAY A DESIGNATED
y
HISTORIC SITE (AMSTER,PRQPERTIES).
A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF
APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND
DEVELOPMENT CODE TO PERMIT THE INSTALLATION OF 'A DOOR AT THE
REAR OF THE PROPERTY IN A SINGLE FAMILY RESIDENCE LOCATED AT 6251
r- SW 57 STREET WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT.
-A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF
APPROPRIATENESS PURSUANT TO SECTION 20.5.190( OF THE LAND
INSTALLATION OF DRIVEWAY CAR
1
DEVELOPMENT CODE TO PERMIT THE ,'
CANOPY IN A SINGLE FAMILY RESIDENCE LOCATED AT 6142 SW 56th STREET -
WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT..
If you have any inquiries on the above @ems please contact the City Clerk's office at:"
305- 663.6326.
ALL Interested parties are Invited to attend and will be heard.
Marie M. Menendez, CMC .
C'dy Clerk
Pursuant to Florida Statutes 286 0105 the City hereby advises the public that d a person decides to appeal
any decision made by this Board, Agency or commission with respect to any matter considered at Its meeting
that for affected person may
_
or hearing, he or sha will need a record of the proceedings, and such purpose,
inee�lp "edsuro:�aia�aibaliai Rsprd ofYte proceedings Is made,wbich record IacWdee iha testimony an
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