03-01-05 Item 9To: Honorable Mayor, Vice Mayor & Date: March 1, 2005
Commission Members _
ITEM No.
From: Maria Davis Re: Special Use Approval
City Manager Restaurants in Project Sunset
5750 Sunset Dr.
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
APPROVAL TO LOCATE FOUR GENERAL RESTAURANTS AS PART OF
"PROJECT SUNSET" A UNIFIED DEVELOPMENT WITHIN THE "SR (HD -OV)"
SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT
ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND
LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE
AND THE EAST 50 FEET OF LOTS 51 AND 52 OF 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; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE
APPLICANT'S REQUEST:
Pursuant to section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant, South Miami
Corporation is requesting a Special Use Approval to operate four general restaurants as part of a unified
development project entitled "Project Sunset" at the above referenced location. The type of restaurants to
be located are not identified at this point. The proposed restaurants are located in the "SR(HD) ", Specialty
Retail Hometown Overlay Zoning District. A general restaurant is permitted with Special Use Approval.
A general restaurant shall mean an establishment where the principal business is the sale of food and
beverages to the customer in a ready -to- consume state and where the design shall provide a sit -down area
for the customers.
STAFF ANALYSIS:
(1) The applicant is requesting a special use permit to operate four restaurants at the ground floor of two
mixed use buildings identified on the site plan as A and B.
(2) The two restaurants in Building A will occupy 6,028 sq.ft. at ground level. The two restaurants in
Building B will occupy 7,792 sq.ft. at ground level.
5750 Sunset Dr.
Special use approval
Page 2 of 3
(3) Two restaurants will face SW 57th Court and two restaurants will face each other on opposite corners
of SW 73rd Street and SW 58th Avenue.
(4) Required parking spaces (138 spaces) for the restaurants are provided for within the core center
garage as part of the development for each block.
SPECIAL CONDITIONS APPLICABLE:
The LDC provides that special uses must be approved by the City Commission after a public hearing and
receipt of a recommendation from the Planning Board. The overall purpose is to determine the
compatibility of the proposed use with the surrounding neighborhood. A special use must comply with
the conditions set forth in Section 20- 5.8(B) in that the use:
a) Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use,
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c) Complies with all other applicable Code provisions.
In addition, special uses may also be required to comply with supplemental requirements, which are set
forth in Section 20- 3.4(B)(4)(b). In the case of a general restaurant the following requirements are listed:
(i) All such establishments shall provide only inside or patio service on private property. Public
streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -
side services of any kind. A separate application for outdoor seating would be required.
(ii) No services of a drive -in or of a fast food nature shall be permitted
(iii) The city commission shall review and recommend approval, disapproval or modification of
all site plans and project specifications for this special use permit.
PLANNING BOARD ACTION
The Planning Board at its February 22, 2005 meeting adopted a motion by a vote of 5 aye 0 nay
recommending approval of the special use application with conditions set forth by staff.
RECOMMENDATION
The requested special use approval for the four restaurants complies with the LDC requirements set forth
for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8.
Approval of the application with the following conditions is recommended:
(1) The applicant shall provide a floor plan for each restaurant interior prior to obtaining
occupational licenses;
(2) Restaurant and retail parking should be located and marked on the ground floor of each
garage.
(3) If the proposed general restaurants are, in the future, determined by the Director of Planning ,
to be adversely affecting the health or safety of persons residing or working in the vicinity of
the proposed use, to be detrimental to the public welfare or property or improvements in the
neighborhood, or to be not in compliance with other applicable Code provisions, the special
use
5750 Sunset Dr.
Special use approval
Page 3 of 3
approval may be modified or revoked by the City Commission upon notification and public
hearing.
Attachments:
Draft Resolution
Copies of Public notices
(See Site Plan- previous item)
MD/DOD /SAY
E: \Comm Items\200 - 1- 05\PB -05 -002 Restaurants- 5750 Sunset .doc
1
2
3 RESOLUTION NO.
4
5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
6 SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
7 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
8 APPROVAL TO LOCATE FOUR GENERAL RESTAURANTS AS PART OF
9 "PROJECT SUNSET" A UNIFIED DEVELOPMENT WITHIN THE "SR (HD -OV)"
10 SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT
11 ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND
12 LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE
13 AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION
14 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE
15 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING FOR
16 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
17 PROVIDING AN EFFECTIVE DATE
18
19
20 WHEREAS, the South Miami Corporation has submitted Application No. PB -05 -002 to the
21 Planning Department for a special use to permit four general restaurants as part of a unified development
22 project entitled "Project Sunset" at the above referenced location; and
23
24 WHEREAS, a general restaurants are allowed as a special use in the "SR(HD -OV)" Specialty
25 Retail Hometown District Overlay zoning district subject to meeting general conditions specified in LDC
26 Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(B)(4)(b); and
27
28 WHEREAS, the approval of a special use requires a recommendation from the Planning Board
29 and the approval of the City Commission after a public hearing; and
30
31 WHEREAS, on February 22, 2005 the Planning Board, after public hearing, voted 5 ayes and 0
32 nays to recommend approval with conditions of the special use request; and
33
34 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
35 recommendation of the Planning Board.
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
38 THE CITY OF SOUTH MIAMI, FLORIDA:
39
40 Section 1: That an South Miami Corporation application for special use approval to allow four general
41 restaurants for a total of 13,820 sq. ft. in the "SR(HD -OV)" Specialty Retail Hometown District Overlay
42 zoning district located generally at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45,
43 53 tbru 66 inclusive and the east 50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to the
44 plat thereof recorded in Plat Book 3 at page 198 of the public records of Miami -Dade County is hereby
45 approved subject to the following conditions:
46
47 (1) The applicant shall provide a floor plan for each restaurant interior prior to obtaining
48 occupational licenses;
49
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
(2)
(2) Restaurant and retail parking should be located and marked on the ground floor of each
garage.
(3) If the proposed general restaurants are, in the future, determined by the Director of Planning ,
to be adversely affecting the health or safety of persons residing or working in the vicinity of
the proposed use, to be detrimental to the public welfare or property or improvements in the
neighborhood, or to be not in compliance with other applicable Code provisions, the special
use approval may be modified or revoked by the City Commission upon notification and
public hearing.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of , 2005
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
EAComm Items\2005 \3 -1 -05 \Special Use Rests Resol.doc
APPROVED:
MAYOR
Commission Vote:
Mayor Russel:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
i
i
26
O
N i
NI
Y I
Q
7
a:
w ` COURTESY NOTICE
LL
Q l
z ; CITY OF SOUTH MIAMI, FLORIDA
•30 th C't
d
-
On Tuesday, March 1, 2005, beginning at 7. p.m., In e I y
Commission Chambers, 6130 Sunset Drive, the City Commission will hold
Public Hearings to consider the following items:
W
AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO
—
FLORIDA STATE STATUTE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT
E
KNOWN AS "PROJECT SUNSET" WHICH 'WILL INCLUDE THREE BUILDINGS UP
A
a .
TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 106 MULTI-
Never Argyle
FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK
With Your COntrBC$Or.
z
AND A PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750
3
SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45,'53
3
THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
That's Our Job
W
BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF
THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR "PROJECT
SUNSET "A UNIFIED DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIALTY
McCrea Construction Consultants
RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT: (1) A
SPECIAL EXCEPTION TO -SECTIONS 20 -7.7B AND 20 -7.9B IN ORDER TO ALLOW A
- The Owner's Champion -
TOTAL LOT COVERAGE OF 72.29% OR 139,435 SQUARE FEET WHICH EXCEEDS
THE MAXIMUM 60% LOT COVERAGE AND 60,000 SQUARE FEET; (2) A SPECIAL
We provide affordable, expert consulting services
EXCEPTION TO SECTION 20 -7.9B TO ALLOW FOUR BANK DRIVE -THRU LANES
directly to homeowners and business owners.
WHICH EXCEED THE MAXIMUM PERMITTED TWO BANK DRIVE -THRU LANES;
Residential, Commercial, New, or Remodeling
ALL FOR PROPERTY GENERALLY LOCATED AT 5750 SUNSET DRIVE AND
Owners pay all the bills but know least about the
LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE
business. No wonder we've all heard construction
AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION
horror stories. Don't be another one.
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK, 3 AT PAGE 198
OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY.
Get a Champion on your side. Call today!
�OS�66 /. -670
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FORA SPECIAL USE APPROVAL
www.ITlccrea.hiZ
TO LOCATE FOUR GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET"
CCC 049690
A UNIFIED DEVELOPMENT WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL
(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ALL FOR PROPERTY
LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS
LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF
y
LOTS 51 AND 52 OF 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.
t`
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF�
THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO
-
LOCATE A LARGE SCALE DEVELOPMENT USE (SIX STORY MIXED USE MEDICAL
OFFICE / RETAIL) BUILDING AT 7150 -7160 SW 62 ^°AVENUE IN THE "TODD (MU-
5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5).
Inquiries concerning he above two items should be directed to the
'A y
�: +
Planning Department at 305 - 663 -6326.
`i it ` ; '''
ALL interested parties are invited to attend and will be heard.
PREMIER POOLS
Maria M. Menendez
City Clerk
0 4 L & 1. P®OLSr INC.'
Pool Designing and Constnxtion • Complete Pool flenovations
-Solt Sanitizing Systems • flesurfacing Interiors
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person
• Heating Systems ' • Coping & Tile Renovation.
• Decim Stone, Brick & Hooldeck • Repiping & Equipment
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
- _
• Waterfall. Designs ' • New Deck Installations
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.
Serving South Florida Eat 28 ears
��. 9 y pt31
licensed & Insured since 1977
e
Call for Free Estimates 305- 261 -1927 ._.