05-17-05 Item 17CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor &
Commission Members
From: Maria Davis a
City Manager ,9
South Miami
AII- America City
2001
Date: May 10, 2005
7 ITEM No.
Re: Special Use Approval
(2) Restaurants at
7301 SW 57th Court
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 A GENERAL RESTAURANT IN
THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT
OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301 SW
57th COURT; PROVIDING FOR AN EFFECTIVE DATE.
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 a general restaurant on the ground floor
of Plaza 57, a new four story mixed use building under construction at 7301 SW 57"' Court. The type of
restaurant to be located is not identified at this point. The proposed restaurant is located in the "SR(HD)"
Specialty Retail Hometown Overlay Zoning District. A general restaurant is permitted with Special Use
Approval. A general restaurant shall mean an establishment where the principal business is the sale of
food and beverages to the customer in a ready -to- consume state and where the design shall provide a sit -
down area for the customers.
REVISED APPLICATION
The applicant's proposal was before the City Commission on May 3, 2005 meeting. At that time the
applicant was requesting approval of two restaurants. The applicant's plans indicated that the building had
certain parking deductions and that there was sufficient required parking to support the two restaurants.
The Planning Director and the City Attorney disagreed with the parking calculation determining that there
was a nine space deficiency.
During the discussion two other issues were brought forward. The applicant indicated that the parking
deficit could be met by using the joint use parking reduction section of the Land Development Code. The
Administration strongly objected to that proposal stating that the joint use section was previously under a
moratorium which should be extended. A second issue involved whether or not an arcade could be
located over the public sidewalk or is it limited to being only on private property (build -to- line). The
applicant has indicated that their construction extends beyond the build -to -line which is in compliance
with the current LDC regulations.(see p.2 of Revised plan)
After a public hearing and discussion the Commission deferred the item.
7301 SW 57 Ct
Special use approval
Page 2 of 3
STAFF ANALYSIS:
(1) The applicant has now revised his plans to request approval of only one restaurant (north side)
with 4,121 sq. ft. The elimination of the second restaurant removes any problem with having the required
number of parking spaces.
.(2) The location of the restaurant is compatible with abutting properties in that it will be across the street
from current commercial uses and future retail uses to be part of Project Sunset.
(3) The applicant shall provide a floor plan for the restaurant interior prior to obtaining a building permit
for the restaurant interior renovation;
(4) The location of restaurant parking should be marked on the ground floor of the garage.
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 zeneral 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 applicant shall provide a floor plan for the restaurant interior prior to obtaining a building permit
for the restaurant interior renovation;
(2) The location of restaurant parking should be marked on the ground floor of the garage.
(3) If the proposed general restaurant is, 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.
7301 SW 57 Ct
Special use approval
Page 3 of 3
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 the above staff conditions.
RECOMMENDATION
The requested special use approval for the one restaurant 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 3
above) is recommended.
Attachments:
Draft Resolution
Application
Location Map
Letter of Intent / Justification
Revised Site Plan/ Parking Plan
MD /DO /SAY .
�
EAComm Items\2005 \5- 17-OS\ 01 SW 57 Altrenate Report.doc
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 A GENERAL
9 RESTAURANT IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT
10 OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301 SW 57th COURT:
11 PROVIDING FOR AN EFFECTIVE DATE.
12
13
14 WHEREAS, 7300 Investments, LLC, has submitted Application No. PB -05 -009 requesting
15 special use approval to allow a general restaurant to locate in the "SR(HD)" Specialty Retail Hometown
16 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 a general restaurants to locate in the "SR(HD)"
35 Specialty Retail Hometown District Overlay zoning district specifically located at 7301 SW 57th Court is
36 hereby approved subject to the following conditions:
37
38 (1) The applicant shall provide a floor plan for each restaurant interior prior to obtaining a
39 building permit for the restaurant interior renovation;
40
41 (2) The location of restaurant parking should be marked on the ground floor of garage.
42
43 (3) If the proposed general restaurant is, in the future, determined by the Director of Planning, to
44 be adversely affecting the health or safety of persons residing or working in the vicinity of the
45 proposed use, to be detrimental to the public welfare or property or improvements in the
46
47
48
49
50
1
2
3
4
6
7
8
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
(2)
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 _ day of , 2005
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
EAComm Items\2005 \5 -17 -05 \7301 SW 57 Ct Restaurant Resolution.doc
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
City of South Miami
Application No. PB -05 -009 t Special Use - Restaurant
7301 SW 57 Court
a SOS 0 156
n _ � 0 dj 79 5 00 S> ° ■ ,Sg 'sib
5907 rn H o 9 v' ■ sr
CD co 6845 X83 S 6p S 75 �y ® 0
SW 69THp 85 9 51 s, fie° �Qy ® °
5 ® JGP
y9y1 88 S Sp
o � ■
86 ■
h e21 s88O yao 1y
■
CO
■
00 0 ■ 0
°n ■
■ SAN REMO AV
■
yg10 0 +ten^ ® 68p1
83 ■ 1575
LO
37 LO
; SAN IGNACIO AV
U) 82 o a
c000 ymo w Ln a� ■ ° 56
8s (0
SW 72ND ST SUNtT DR
90 ■ co a
o ■
0 m m co co coo 5800 m �'6 3 0 ® 5600
Ln u) 92 o F- r Q) m Lo w
7230 5859 2 0 00 n o Lo °' ® 7230
co
g�rO 0 oD 5829 Ln
5 0
0o 0 5795 7230 ; 7236 Q
SW 73RD ST 3
U 5940 7331 5824 m °
,o0 w
0 N
7311 0 In 0 0
if
7321 0 0 0 7320 7325
S8
�n s0
0
0 5901 0 0 5791 7390 ; � c
co
SW 74TH ST `,
o 7400
5950 5901 5875 M 5801 H S�91 M 0
UBJECT
7420 SW 74TH TE 7420 ROPERT
■
U ¢ '� SW 74TH TE ■
5890 co 5800 co m o
F- °o sn o5 S8 � 5730 7450
rn
LO Lo
LO ■ °o
7505 7500 7500
•
1 Lo
5�0 U) 7515 7500 ■
7520 7521 7510 i620
s
7541 M 7532 7533 to o M
94 93 w 7563 � - 7548 7530 7550
7549 ■
0 300 600 900 1,200 1,500
Feet
i
City of South Miami
Planning & Zoning Department
® City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 666 -4591
Application For Public Hearing Before Planning Board & City Commission
PB IAddress of Subject Property: - dl Cum Lot(s) Block Subdivision
Meets&Bounds:��
Representative: q
Address: !1 acs�� +sZ.ad FAR
Phone:
'3D 1"4 �2" )
Organization:
Phone:
Property Owner: 0 / �v�Q � t � e Signature:
Mailing Address: / :�Z i S 3 scx Phone:
IArchitect/Engineer: I Phone:
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 _'Special 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
SP('C,,':V' L/g'r_ Van R_,Q.,<_�WU4 -v
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� >osr r
Section: Subsection: Page #: Amended Date:
Mailing labels (3 sets) and map
Required Fee(s)
ine unaersigneci has read this completed a placation and represents that the information and all submitted materials are true and
corre t best of the ap ' know dge and belief.
<54 ant's Signature 4d title Date
Upon receipt, appplications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected andpreturned 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
WEISS SEROTA HELFMAN
PASTOPIZA GUED.ES COLE & BONTSKE, P.A.
ATTORNEYS AT LAW
MITCHELL A. BIERMAN •_" VIVIAN DE LAS CUEVAS-D.IAZ
NINA L..SO.NISKE - MIAMI -DADE OFFICE STEPHANIE DEUTSCH*
MITCHELL J. BURNSTEIN 2665 SOUTH BAYSHORE DRIVE RAQUEL ELEJABARRIETA
JAMIE ALAN COLE - CHAD FRIEDMAN
EDWARD G. GUEDES ..SUI TE 420 OLIVER G. GILBERT, III
STEPHEN J. HELFMAN MIAMI, FLORIDA 33133 DOUGLAS R. GONZALES
HARRIET R. LEWIS TARA L. GOULD
GILBERTO PASTORIZA - GREGORY A. HAILE
GARY 1. RESNICK TELEPHONE 305 -854 -0800 PETER A. LI.CHTMAN
JOSEPH H. SEROTA TELECOPIER305 -854 -2323 - KAREN LIEBERMAN*
NANCY E.STROUD WWW.WSH- LAW.COM MATTHEW H. MANDEL
SUSAN L. TREVARTHEN - MICHAEL J. MARRERO
RICHARD JAY WEISS BROWARD.OFFICE ALEXANDER. L. PALENZUELA -MAURI
DAVID M. WOLPIN MICHAEL S. POPOK*
3107 STIRLING ROAD• SUITE 300
STEVEN W. ZELKOWITZ - JOHN J. QUICK
FORT LAUDERDALE, FLORIDA 33312
ANTHONY L. RECTO
TELEPHONE 954-763-4242 • TELECOPIER. 954- 764 -7770 SCOTT A. ROBIN
THOMAS J. ANSBRO*" - - GAIL D. SEROTA"
LILLIAN ARANGO DE LA HOZ* *OF COUNSEL JEFFREY P. SHEFFEL
JAMES E. BAKER - JOSE S. TALAVERA
ALISON S. BIELER MICHAEL L. STINES
ELAINE M. COHEN - - - STEVEN E. TAYLOR '
JORGE L. CRUZ- BUSTILLO May 12, 2005 JAMES E. WHITE
VIA ELECTRONIC MAIL
Mr. R. Don O'Donniley
Planning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida
Re: 7300 Investments, LLIC Revised Letter of Intent
Dear Mr. O'Donnileye
Based upon input received at the previous City Commission hearing, the applicants
have reduced the scope of the pending application for special use approval to one restaurant
that is 4,141 square feet in size, as depicted in the revised plans that were filed with your
department earlier this week. As an attachment to this letter, we have enclosed a revised
parking analysis for your file that shows that approval of the special use for the restaurant will
result in surplus parking of four spaces for the mix of uses described in the- plan.
Accordingly, please adjust your recommendation to reflect the revised intent of the
applicant, the revised plans and the revised parking tabulation.
Thank you for your cooperation in this matter. Please call me if you have any
questions.
Very truly yours,
Tony Recio
TR/ms
cc: Sanford Youkilis
Brandon Lurie
370002 1Attachment
ch
p
;p
O
c
a
CD
En
D
c
v
0
r
=CD
_
G)
CA In
P.
C
y
'
-4
'
>
Cn
W
s
y
�
00
-,,
CD ,
CD fl)
-o
as
C
co
ODD
co
OD
CD
m
`�
;u
c
CD
c D
0
O N
CD
NN
_
Q
O
n C�1
CL 0
Q
`D
A�
0
�Wr
-o
N �■
cn
c
(Q
W
CL
C
"J
ca
C
N D CD
m
O
CD
8
00
(X
CD
0 Q
_
�
A+
C
Q Q.
Q
r. SD
7
p
CD co -a
N
M
�
w y
s to
�■
U1 (D fD
Q
:3
rt
�f
O
V
3
rt
CD
fl. ~
C 'U
N y
CDQ
CL
00',
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 the Miami Daily Business
Review f /Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 5/17/2005
in the XXXX Court,
was published in said newspaper in the issues of
05/06/2005
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, co fission or refund for the purpose
of securin is a v Isem t for publication in the said
newspa r.
Sworn to and subscribed before me this
06 da AY I A . 2005
(SEAL) MWW 1. man
O.V. FERBEYRE personally ® • W Commia> W ftm March 04r 2008
Noom CVJ T Cm .
N -06 Im i o
m9
Z — �— — 8-0 — — — - —
i�ACAEiE S.W. 73RD STREET
\
\ ZJ? =r T
�iTm —f Q
>0. O �.
0 �o N TI �' Az= I
09 D
9 III$ Nn�v
CQ
�I 70 I
C Z
� - _ ✓ �r aP
q
z
If h LE LP-
J11
I I L
I
I I
o o
ff� I Y
Uh
41
1L
r
r x A7
�
I I
a
rr s
„ P ii'
jam$
H# y — —
�� ZZ
1H9XIS HILL 'M'S
room W v
.r C Z O O nn
A m z
MD, CO
m i
T7,
o m
z
o �
r
r
n
D Z
=n
O
D2
Via° N
D
v �
D
c
D
Z
S
9 U., CA D
D � nn
n o0
Q
(D
m
n
i
O
z
I�
n
'OPEFT1 LINE
ILG- TO•LINE