05-03-05 Item 10South Miami
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 TWO
GENERAL RESTAURANTS IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN
DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301 SW 57th
COURT
APPLICANT'S REQUEST:
Pursuant to section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant 7300
Investments, Inc. is requesting a Special Use Approval to operate two general restaurants on the ground
floor of Plaza 57, a new four story mixed use building under construction at 7301 SW 57th Court. 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 two restaurants at the ground floor of a
mixed use building.
(2) The two restaurants will occupy 6,429 sq.ft. at ground level one located at the north side (facing SW
73 Street) and on the south side (facing SW 74 Street) of the building..
(3) The parking legend on p.l of the site plan indicates that there is a total of 64,799 gross sq. ft. in the
building. A total of 251 parking spaces are located in the garage portion inside the building. A total
of 17 spaces are located on street, which provides a total of 268 parking spaces to meet required
parking for the building. The parking legend indicates that the building has a total of 20% reduced
parking requirement because of the following provisions in the LDC Hometown regulations:
0 LDC Sec. 20- 7.6(B)(2) - 5% reduction in number of required spaces for an arcade.
• LDC Sec. 20- 7.6(B)(3a) -15% reduction in number of required spaces for a two story building.
7301 SW 57 Ct
Special use approval
Page 2 of 3
A current review of the file indicates that the "two story building" deduction of 15% was cited in a
report by City staff at the time of development review in 2001. There was no formal acceptance of this
bonus. This may have been because the developer was showing surplus parking. This is a four story
building which is eligible for reductions only if each use is 30% of the floor area. Therefore the 15%
reduction is not an acceptable interpretation. The developer is only eligible for the 5% arcade reduction in
required parking spaces resulting in a total of 277 parking spaces required for all three uses, retail, office
and two restaurants.
The actual total spaces being provided (on site and on street) is 268 spaces. Therefore, if the developer
wants to have the two restaurants at the size stated in the application there will be deficit of 9 parking
spaces (277 -268). The applicant must either eliminate one of the restaurants or reduce the overall size of
the restaurants by 900 sq. ft. to a total of 5,529 sq. ft. in order to avoid being deficient in required
parking (restaurant parking space formula is one space for every 100 sq. ft. of floor area)
(4) The location of both restaurants are compatible with abutting properties in that they are across the
street from current commercial uses and future retail uses to be part of Project Sunset. The south
restaurant location faces a narrow sidewalk on SW 74 Street and future outdoor seating on that side may
not be possible.
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 DEPARTMENT RECOMMENDATION
The Department recommended approval of the application with the following conditions:
(1) The total square footage of the restaurants must be reduced by 900 sq. ft. to a total of 5,529
sq. ft. The south restaurant which is listed at 2,288 sq. ft. may not be reduced below 2000 sq.
ft. because small restaurants are defined as being less than 2000 sq. ft. and may not be placed
at this location.
(2) The applicant shall provide a floor plan for each restaurant interior prior to obtaining a
7301 SW 57 Ct
Special use approval
Page 3 of 3
building permit for the restaurant interior renovation;
(3) Restaurant parking should be located and marked on the ground floor of each garage.
(4) 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.
PLANNING BOARD ACTION
The Planning Board at its March 29, 2005 meeting adopted a motion by a vote of 4 ayes and 1 nay (Mr.
Liddy) recommending approval of the application with staff conditions (2), (3) and (4). During
discussion the applicant indicated that he would prefer to modify his plans and application to meet the
nine parking space deficit using the parking reductions allowed by LDC Section 20 -4.4 (H) which
recognizes joint uses in the Hometown District and allows a percentage reduction of spaces. These
provisions are no longer under a moratorium which was 'in affect until 2004. The Board felt that the
staff's square footage reduction condition was not necessary in that the applicant does have the flexibility
to use the Hometown District special joint use parking reduction.
STATUS OF PARKING MORATORIUM
The joint use parking reduction section of the Code was under moratorium between May 4, 1999 -May 4,
2004 (60 months). The purpose of the moratorium was to temporarily hold on allowing parking
reductions until a parking study could be completed and recommendations from the Zoning Task Force
and Parking Committee could be implemented. These recommendations are almost completed and should
be presented to the City Commission in the fall. For this reason the Administration has initiated the
process to re- instate the same moratorium for an additional nine months.
Based upon the need to extend the moratorium and the recent downtown parking study indicating a
significant deficit in parking spaces the Administration is not supportive of any parking reductions being
granted at this time in the Hometown District. The City Commission has the discretion in special use and
special exception requests to condition approval on meeting all parking requirements thereby prohibiting
the use of the Hometown joint use reduction.
RECOMMENDATION
The requested special use approval for two 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 same conditions as suggested by the Planning Department ( 1 thru 4 above) is
recommended.
Attachments:
Draft Resolution
Application
Location Map
Letter of Intent / Justification
Copies of Public notices
Site Plan/ Parking Plan
MD /DOD /SAYE:\PB\PB Agendas Staff Reports\2005 Agendas Staff Reports \3- 29- 05\PB -05 -009 Restaurants- 7301 SW 57 .doc
l
2
3 RESOLUTION NO.
4
5
6 A; RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
7 MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE
8 LAND DEVELOPMENT CODE FOR A SPECIAL USE 'APPROVAL TO LOCATE _ TWO
9 GENERAL RESTAURANTS IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN
10 DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301 SW 57th
11 COURT
12
13
14 WHEREAS, 7300 Investments, LLC, has submitted Application No. PB -05 -009 requesting
15 special use approval to allow a two general restaurants to locate in the "SR(HD)" Specialty Retail
16 Hometown District Overlay zoning district specifically located at 7301 SW 57th Court; and
17
18 WHEREAS, a general 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(B)(4)(b); and
21
22 WHEREAS, the approval of a special use requires a recommendation from the Planning Board
23 and the approval of the City Commission after a public hearing; and
24
25 WHEREAS, on March 29, 2005 the Planning Board, after public hearing, voted 4 -1 to
26 recommend approval with conditions of the special use request; and
27
28 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
29 recommendation of the Planning Board.
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
32 THE CITY OF SOUTH MIAMI, FLORIDA;
33
34 Section 1: That an application for special use to allow the two general restaurants to locate in the
35 "SR(HD)" Specialty Retail Hometown District Overlay zoning district specifically located at 7301 SW
36 57th Court is hereby approved subject to the following conditions:
37
38 (1) The total square footage of the restaurants must be reduced by 900 sq. ft. to a total of 5,529
39 sq. ft. The south restaurant which is listed at 2,288 sq. ft. may not be reduced below 2000 sq.
40 ft.. because small restaurants are defined as being less than 2000 sq. ft. and may not be placed
41 at this location.
42
43 (2) The applicant shall provide a floor plan for each restaurant interior prior to obtaining a
44 building permit for the restaurant interior renovation;
45
46 (3) Restaurant parking should be located and marked on the ground floor of each garage.
47
48 (4) If the proposed general restaurants are, in the future, determined by the Director of Planning,
49 to be adversely affecting the health or safety of persons residing or working in the vicinity of
50 the proposed use, to be detrimental to the public welfare or property or improvements in
1 (2)
2
3
4
5 neighborhood, or to be not in compliance with other applicable Code provisions, the special
6 use approval may be modified or revoked by the City Commission upon notification and
7 public hearing.
8
9 Section 2: This resolution shall be effective immediately after the adoption hereof,
10
11
12
13 PASSED AND ADOPTED this _ day of 2005
14
15
16
17 ATTEST: APPROVED:
18
19
20 CITY CLERK MAYOR
21
22 Commission Vote.
23 READ AND APPROVED AS TO FORM: Mayor Russell.
24 Vice Mayor Palmer:
25 Commissioner Wiscombe:
26 Commissioner Birts- Cooper:
27 Commissioner Sherar:
28 CITY ATTORNEY
29
30
31
32
33
34'
35
36 _
37
38
39
40
41
42
43
44
45
46
47
48
49 E`.\Comm Items\2005 \5 -3 -05 \7301 SW 57 Ct Restaurant Resolution.doc
City of South Miami
Planning & Zoning Department
v City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephoner (305) 663 -6326; Fax: (305) 666 -4591
Application For Public Hearing Before Planning Board & City Commission
=-
Address of Subject Property: - A , 5"1 Cum r
Lot(s) Block Subdivision
PB ®�
Meets & Bounds: N :xei
Applicant:
Phone:
Representative:
p L `,a w
Organization: /y -
l CijPe 4�— J 7�e: J iii d ri p
Address;
Phone:
Property Owner:
Signature:
Mailing Address: i �b i .j LL,,� �Y
Phone:
cn&
Architect/Engineer:
Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative Contract to purchase ®Option to purchase - 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
Letter of intent
Zoning Map Amendment ASpecial Use
®Justifications for change
PUD Approval Special Exception
® Statement of hardship
® PUD Major Change —Other
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
1
")
� ( ,n� -:/ e+^p ,+�/
`� l i�� �Cl ..Z.�. G. I!.116�� W.
��p L �,ry/
�I. l.� C�'°„�"o � � '
signed /1 reduced copy @ 11" x 17
15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
20% Property owner signatures (A r—Pt opw, -f
Mailing labels (3 sets) and map
Section: Subsection: Page #: Amended Date:
Required Fee(s)
The undersigned has read this completed a�ppplication and represents that the information and all submitted materials are true and
corre t best of e ap know dge and belief .
pl' ant's Signature aid title Date
Upon receipt, applications and all submitted materials will be reviewed for com liance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected an returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Payment
8/2/00
......... ...
City of South Miami
Application No. PB -05 -009 t Special Use - Restaurant
7301 SW 57 Court
156
0_ h� �yQ
5907 rn n H LO 00 0 s,9S 9 h s,'� ® s9v 8�
6845 co co co S 83 A 3 75 �y
® 0
H sow 85 s � 'o so
. SW CU/) V11,
s7 s�
QJ
20 sue, 5 ® J�jQ
A • Q�
885 sd so ° ■ �`PO
o ■
86
821
5 ® 0
o O
o ■
■ SAN REMO AV
■
h
a J�0 ryo ® 6801
n
d. ■
■
83 ® E75
® SAN IGNACIO AV
■
0 82 �
�^ 0! 6�
n M o vi w 56
co
OD M
0 LO
89
SW 72ND ST SUN$U-=T DR
■
90 ■
0 0 5800 �6 U 73 0 ® 5600
9 0 'n o o l= r ® 0
w ■
92 7230 ,n V 0 0 ® N L w ® 7230 cli
5859 T 0 3: _
696
00 0 5829 0 5795 a 7230 ® 7236 Q
0 c
SW 73RD ST a 4 r
In o v LO
5940 7331 5824 0 c
U 7311 0 0 Co,)
7321 r Se 0 0 0 7320 7325
U) So
0 ■
5901 0 5791
0 7390 ■ o
0 ■
SW 74TH ST > ■
rn 7400 0
5901 5875 °� 5801 = S>g1 �o�
5950 � ® UBJECT
7420 SW 74TH TE 7a2o ROPERT
U Q SW 74TH TE
5890 5800 co m o t;'620 ■
Z `n �5 Q8 � ■
LO
LO
,o • °o
7505 7500 m m
1 �
7515 7500
7520 7521 7510
■
■
7541 7532 7533 ■
0 94 93 u�i 7563 co' w co � i530 7550
7548 7549 ■
THE
iicFaw- nani)on
COMPANY
February 4, 2005
Planning & Zoning Department
City of South Miami
South Miami City Hall
6130 Sunset Drive
South Miami, FL 33143
Re: Application for Special Use Permit Filed February 4, 2005
7300 Investments, LLC, Applicant
J.W 'S.W. 57th Court, South Miami, FL
LETTER OF INTENT
Gentlemen:
We herewith respectfully submit our application for the special use permit for the
approval of two General Restaurants to be located on the ground floor in the building
known as Plaza 57 located at 73QW6 ..W. 57th Court as required by Sectiom20 -3.3 of the \
South Miami Land Development Code.
The property is zoned SR and is governed by the Hometown District Overlay Ordinance.
The site area is 40,529 square feet ( + / -). The building consists of 49,445square feet of
office space, 8,870 square feet of retail and 6,429 square feet of restaurants
One of the proposed restaurants, to occupy 3,705 square feet, will be located at the north-
west corner of the building; the other, to be located at the south -west corner, will occupy
2,047 square feet (seethe plan attached).
We are certain that the proposed restaurants will not adversely affect the health or safety
of persons residing or working in the vicinity of the proposed use; nor will the restaurants
be detrimental to the public welfare or property or improvements in the neighborhood.
The proposed restaurants are perfectly consistent with the neighborhood.
Accordingly, we respectfully request approval of this application.
Sincerely,
7300_1mp4ents, LLC
Ri ar1 MattaWay
Pr ent of Managing ember
1501 Sunset Drive • 2nd Floor Coral Gables, FL 33143 • Tel: (305) 662 -1421 • Fax: (305) 666 -4990 • E -mail: rbco @richard - brandon.com
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of therMiami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, pyblished at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING 3/29/05
PB -05 -009 AND PB -05 -010
in the XXXX Court,
was published in said newspaper in the issues of
03/18/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing thi dvertis or publication in the said
newspaper.
Swom to and subscribed before me this
18 day
% ,
of MARCH A.D. 2005
����_
11.1 (SEAL) „gar ortv Cheryl H Marmer
O.V. FERBEYRE personal) rkP ^90mmissionD0338M
ExPres July 18, 2008
zzN
Yam
M
a9
�a
;D
m
mm
m
7CV
m
cOc
�n
m'
�m
�m
9�
nn
I r
N
m
N
A
9
m
-min
zo
0
� p Dz
1
Z
N
-i
=
o D
O
Om
'o °
0008m>
0m>
D
ADZ
oK
0z
�D
v
co
mma
m
O
o�
Z
ZO
C
Oa
N.�NN
N
�, ^"°mOco b.
-171
'..
.r
Z
D
��
Q n
C m
Z
m
nm
m
O
CO
m c
D
C
V
D
o�
z
< z
m�
om
D
2
0 41. 0
On
n
om
c M
z
-a
P
Ap
V
�
7i
y
o
z
g§
A
D
ffi�T
d0
�y
`<O
n
T
NWW
v.
mmDg�m
WONAm
MO
g>
�EEyn
I i,.
I
MO
�$s co
$
0:f
a
Oz
O
� z
g
-u
m
i
-
��
i
�o
O�j
N
Q�
z o
mn
NO
ggg
z p
S
l
g�a
0
0)I
Z
DO
m
M, z
z
O
m
O
zz
r� -
Erg p z
INrga � S.W. 73RD STREET
— n
I ° z
n Z O �- ��v ��y \w�w-
CA'
\ o
I
a
C Ir
I
s � �
I
F
"� ll
it
r
04 Z IFIRMS Hitt.'M*S
D -
iv o
z
IN�� rn
m
3
I� r
O
y-
r� -U
a z
Ll
$
41
P y T
gND
°
r
o
D z
o
o
cn ®
v Cf)
:0
0
O
r
z
-
D
C
Z
o
Cl)
�
s
q
ggg
m
9
f
h
9 /✓ /n
V
j
v
y�
.,
0 m
j �r
vmO
83 zn
g O
D
W O
O.
y Cd
D Z
V CO
r
z
O
C
--i
2
m
Cl)
D
C
D
Z
a
fir.
n
��a$
Q8
>z
�y O�
—u
a
,o °..D =
o
—zj
n
��a$
>z
�y O�
—u
a
,o °..D =
Dz
o
CO
O
c
_m
D
C
D
Z
Cn
KHO
a
e
a