08-02-05 Item 7South Miami
To: Honorable Mayor, Vice Mayor & Date: August 2, 20 5
Commission Members
ITEM No.
From: Maria Davis Re: Special Use Approval
City Manager Restaurant 5810 Commerce Ln.
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 OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A
GENERAL RESTAURANT IN THE "TODD(LI -4)" TRANSIT ORIENTED DEVELOPMENT
DISTRICT (LIGHT INDUSTRIAL 4) ZONING USE DISTRICT SPECIFICALLY LOCATED
AT 5810 COMMERCE LANE; PROVIDING AN EFFECTIVE DATE
APPLICANT'S REQUEST:
Pursuant to section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant WPMG, LLC. is
requesting a Special Use Approval to operate a general restaurant, at the above referenced location. The
proposed use is located in the "TODD(LI -4) ", Transit Oriented Development District. A general
restaurant is permitted with Special Use Approval. The proposed use must meet the requirements for
special uses contained under Section 20- 3.4(B)(4)(b) General Restaurant and Section 20 -5.8 Special Use
Approval of the LDC. 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:
The applicant is requesting a special use permit to operate a restaurant/ supper club at the Commerce
Lane location. The existing vacant one story warehouse building on the site will be structurally modified
in order to add a second story and to provide a roof top terrace area. The front of the building which is
currently asphalt parking (two spaces) is proposed to be converted to an exterior seating area with a
canopy. The actual square footage that will be created as a restaurant (1st , 2"a floors and roof top) will be
3,576 sq. ft. The applicant must provide 36 parking spaces to meet required parking. The establishment
will only be opened during the hours 7:00 PM to 5 :00 AM.
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.
5810 Commerce Ln..
Special use approval
June 21,2005
Page 2 of 3
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.
STAFF OBSERVATIONS
(1) The applicant's building plans do not show the location of a kitchen. The applicant explains in the
letter of intent that prepared food will be brought to the site.
(2) The absence of a kitchen combined with the all night hours of operation is of concern to staff. There
is a previous situation in which an intended drinking place in the City became an adult entertainment
establishment. The applicant in the attached letter of consent (May 20, 2005, p.2) states that the City
may impose any form of condition to insure that the establishment will not be used for adult
entertainment.
(3) The applicant can not provide the required 36 off - street parking spaces on the site. As an alternative
the applicant will be leasing the spaces from six different property owners all within 1000 feet of the
restaurant. The terms of the leases run from 10 to 20 years. This alternative method of meeting
required parking is permitted by LDC Section 20 -4.4 (F). It requires each individual parking lease to
be approved by the City Commission and City Attorney.
(4) The Planning Department has run a preliminary check on the location and availability of the 36 off
site parking leases proposed by the applicant. An available leased space has been identified as a space
which is not counted as a required space for the use /property where it is located. In addition, the LDC
section requires the property owner to agree to the long term parking lease. Based upon these
requirements only one of the six leases submitted at this time is valid, allowing the applicant to have
10 off site parking spaces. Attached is a summary report on the six proposed leases.
(5) Although permitted by Code, the use of off -site parking to meet the total required parking for the
establishment is a judgement requiring a policy decision by the Commission
(6) The applicant's plans to use nearby leased spaces is being coupled with a proposal to use valet
parking. Since the front of the property is to be used as a seating area, the ramp or drop -off area for
persons coming to the restaurant will be in the street, thereby requiring a separate application for a
valet parking permit, which is issued administratively.
(7) It is important to note that the LDC permits a drinking place as a matter of right permitted use and a
general restaurant as a special use in this district. Staff, however, is concerned that this particular type
of use may not be compatible with the area and could be detrimental to the security of other
surrounding properties. An industrial area may not be an appropriate location for an all night
5810 Commerce Ln..
Special use approval
June 21,2005
Page 3 of 3
entertainment establishment and raises questions of security for patrons. The applicant in a separate
attachment advises that several off -duty police officers will be contracted with to provide security.
The South Miami Police Chief has advised staff that this type of use will demand additional on duty
police patrol.
PLANNING BOARD ACTION
The Planning Board at its July 12, 2005 meeting adopted a motion by a vote of 3 ayes 2 nays
(Morton, Illas) recommending denial of the special use application
RECOMMENDATION
The applicant at this point has not demonstrated that required parking can be met by using off site parking
leases. Due to other concerns about security and compatibility it is recommended that the requested
special use be denied.
If the City Commission feels that approval is acceptable then at minimum the following conditions should
apply:
(1) The applicant must provide to the City Commission and City Attorney for approval, valid off site
parking leases sufficient to meet the required parking for the proposed use,
(2) Limit hours of operation to 3:00 AM;
(3) Require valet parking service;
(4) Require on -site security for both the exterior and interior of the establishment;
(5) Applicant must enter into a covenant_ enforceable by the City prohibiting any form of adult
entertainment or performance in a'state of undress on the site;
(6) Prohibit live or amplified music above 60 DLB on the rooftop.
Attachments:
Summary Chart on leased parking
Draft resolution (for approval)
Application
Location Map
Letters of Intent/ Justification
Security statement
Survey/Floor Plan
LDC Sec. 20- 4.4(F)
Copies of Public notices
MD/DOD /SAY
E.\Comm Items\2005 \8- 2- 05\Restauram- 5810 Commerce Ln Report .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 -3.4 OF THE
7 LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A
8 GENERAL RESTAURANT IN THE "TODD(LI -4)" TRANSIT ORIENTED DEVELOPMENT
9 DISTRICT (LIGHT INDUSTRIAL 4) ZONING USE DISTRICT SPECIFICALLY LOCATED
10 AT 5810 COMMERCE LANE; PROVIDING AN EFFECTIVE DATE
11
12
13 WHEREAS, an applicant VWPMG, LLC. has submitted Application No. PB -05 -021 to the
14 Planning Department for a special use to permit four general restaurants` located at 5810 Commerce
15 Lane; and
16
17 WHEREAS, a general restaurants are allowed as a special use in the "TODD (LI -4) Transit
18 Oriented Development District zoning use district subject to meeting general conditions specified in LDC
19 Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(B)(4)(b); and
20
21 WHEREAS, the approval of a special use requires a recommendation from the Planning Board
22 and the approval of the City Commission after a public hearing; and
23
24 WHEREAS, on July 12, 2005 the Planning Board, after public hearing, voted 3 ayes and 2 nays
25 to recommend denial of the special use request.
26
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
29 OF THE CITY OF SOUTH MIAMI,' FLORIDA THAT:
30
31 Section 1: That an VWPMG, LLC Corporation application for special use approval at 5810 Commerce
32 Lane to allow a general restaurant is hereby approved subject to the following conditions:
33
34 (1) The applicant must provide to the City Commission and City Attorney for approval, valid off site
35 parking leases sufficient to meet the required parking for the proposed use;
36 (2) Hours of operation ends at 3:00 AM;
37 (3) Valet parking service required
38 (4) On -site security for both the exterior and interior of the establishment is required;
39 (5) Applicant must enter into a covenant enforceable by the City prohibiting any form of adult
40 entertainment or performance in a state of undress on the site,
41 (6) Live or amplified music above 60 DLB on the rooftop is prohibited;
42 (7) If the proposed general restaurants are, in the future, determined by the Director of Planning , to be
43 adversely affecting the health or safety of persons residing or working in the vicinity of the proposed
44 use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be
45 not in compliance with other applicable Code provisions, the special use approval may modified or
46 ' revoked by the City Commission upon notification and public hearing.
47
48
49 Section 2: This resolution shall be effective immediately after the adoption hereof.
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PASSED AND ADOPTED this ® day of
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ATTEST'.
APPROVED.
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CITY CLERK
MAYOR
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Commission Vote:
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READ AND APPROVED AS TO FORM:
Mayor Russel:
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Vice Mayor Palmer:
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Commissioner Wiscombe:
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Commissioner Birts - Cooper:
21
Commissioner Sherar:
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CITY ATTORNEY
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51 E:\Comm Items\2005 \8- 2- 05\PB -05 -21 Special Use Rests Resol.doc
RESOLUTION NO.
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 A SPECIAL USE APPROVAL TO LOCATE A
GENERAL RESTAURANT IN THE "TODD(LI -4)" TRANSIT ORIENTED DEVELOPMENT'
DISTRICT (LIGHT INDUSTRIAL 4) ZONING USE DISTRICT SPECIFICALLY LOCATED
AT 5810 COMMERCE LANE; PROVIDING AN EFFECTIVE DATE
WHEREAS, an applicant WPMG, LLC. has submitted Application No. PB -05 -021 to the
Planning Department for a special use to permit four general restaurants located at 5810 Commerce
Lane; and
WHEREAS, a general restaurants are allowed as a special use in the "TODD (LI -4) Transit
Oriented Development District zoning use district subject to meeting general conditions specified in LDC
Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(B)(4)(b); and
WHEREAS, the approval of a special use requires a recommendation from the Planning Board
and the approval of the City Commission after a public hearing; and
WHEREAS, on July 12, 2005 the Planning Board, after public hearing, voted 3 ayes and 2 nays
to recommend denial of the special use request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: That an WPMG, LLC Corporation application for special use approval at 5810 Commerce
Lane to allow a general restaurant is hereby approved subject to the following conditions:
(1) The applicant must provide to the City Commission and City Attorney for approval, valid off site
parking leases sufficient to meet the required parking for the proposed use;
(2) Hours of operation ends at 3:00 AM;
(3) Valet parking service required;
(4) On -site security for both the exterior and interior of the establishment is required;
(5) Applicant must enter into a covenant enforceable by the City 'prohibiting any form of adult
entertainment or performance in a state of undress on the site;
(6) Live or amplified music above 60 DLB on the rooftop is prohibited;
(7) 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.
(2)
PASSED AND ADOPTED this day of , 2005
ATTEST: APPROVED:
CITY CLERK MAYOR
Commission Vote:
READ AND APPROVED AS TO FORM: Mayor Russel:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
CITY ATTORNEY
EAComm Items\2005 \8- 2- 05\PB -05 -21 Special Use Rests Resol.doc
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City of South Miami
Planning & Zoning Department
v 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
Address of Subject Property:
Lot(s) Block Subdivision
5810 Commerce Lane
PB
Meets & Bounds: See attached le al
_ Text Amendment to LDC
Applicant:
Phone:
WPMG LL
(786)355-9008
Representative:
Organization: Weiss Serota Helfman, et al.
Address: 2665 S. Bayshore Drive, #420
Phone: (305)854-0800
Miami, FL 33133
gOther (special
Property Owner: WPMG, LLC
Signature:
Mailing Address: 13442 SW 68 Terrace
Phone: (786)355-9008
Arch itect/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:
PlE, j& CHECK ALL THAT APPLY:
_ Text Amendment to LDC
_Variance
Lptter of intent
_Zoning Map Amendment
x Special Use
ifications for change
_ PUD Approval
_Special Exception
St96ht of hardship
_ PUD Major Change
gOther (special
_,w Proof of ownership or letter from owner
Power of attorney
_parking
Briefly explain application and cite specific Code sections: Permit
_
_ Contr to purchase
— urrent survey (1 original sealed and
Special use for restaurant pursuant to
Section 20-8.5(A)
si reduced copy @ 11" x 17 ")
_ 15 copies of Site -Plan -and Floor Plans
1 r ed copy @ 11" x 17"
_ 2� 00 opperty owner signatures
Special parking permits pursuant to
M' I b
4an .�R
Section: Subsection: Page #: Amended Date: ai a els (3 sets) and mapequired Fee(s) The undersigned has read this leted a plication and represents that the information and all submitted materials are
co to the best of the appli nt's . owledge and belief. /y
a -- )r
Applicant's Signature and tit l Date
Upon receipt, applications 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 and returned to the applicant.
OFFICE USE ONLY:
Date Filed
Petition Required
Method of Pavment
Date of PB Hearing Date of Commission
Petition Accepted
PRIJ
Legal Description
Lot 20 of Block 9 of Townsite of Larkins subdivision as recorded in Plat Book 2 at Page
105 of the Public Records of Miami -Dade County.
City of South Miami
PB-05-021 Special Use - Restaurant
5810 Commerce Lane
44-1--U40 --j5_441 . ..... a440-..-"
4�
6487 6510 i 6420
6500
6501 6500 6501
55ul 6501 6500 W
6501 W
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6520 6511 6510 0- 6511 6510 6511 6510
6516
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6521 6520 1
LO LO LO .
6533 6530
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W 653 6531 6530 3: 6531 j
6566
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5 65!�j 584��3 6540
0
i 6541 6540
5987 6540 6581 6 91 5875 354 6541 6540
SW 66TH ST
. . .........
6601
98 �741 66W 5830
56
H .......... 941 834 1201111
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6647 5110
P597 5963 1 5836i
7 1 5967
. ..........
SW 66TH TER
5 5-
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. .........
SW 67TH ST
.. .. . ...............
6701 5797
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....... .. . . ......
5949 00 ---71--,1,---]--,--
LO
6504-
5845 1 5825 1 5813 5757 1 5737 6790
\.... . ....... . . ..... . ........ 6711 .... ......_x_.
SW 68TH ST
5940
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6811
5117
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.... . ......
rn
............ . .......
6001
5927
5890
...... . . .....
SW 70TH ST
5996 7000
5959
5995 i 7090 1
SW 71 ST ST
5960
6075 5975
�j
5995
f 15375
I ;
6500 1
L4 1 6601 1
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ki'MR&IIISI
;69151
SUNSET DR SW 72ND S1
400 900
/
5950 5898 5860 5850 i5840t 5800 157961 5760 73 5640
92 5750 5640
5880
5738 5700
0 �I 2 2 j7230 5885 5859 7211 I
7255
MITCHELL A. BIERMAN
NINA L. BONISKE
MITCHELL J. BURNSTEIN
JAMIE ALAN COLE
STEPHEN J. HELFMAN
HARRIET R. LEWIS
GILBERTO PASTORIZA
GARY 1. RESNICK
JOSEPH H.SEROTA
NANCY E. STROUD
SUSAN L.TREVARTHEN
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
THOMAS J. ANSBRO*
LILLIAN ARANGO DE LA HOZ*
JAMES E. BAKER
ELAINE M. COHEN
JORGE L. CRUZ - BUSTILLO
VIVIAN DE LAS CUEVAS -DIAZ
STEPHANIE DEUTSCH'
WEISS SEI.OTA HELFMAN
PASTORIZA COLE be BONISKE, P.A.
ATTORNEYS AT LAW
MIAMI -DADE OFFICE
2665 SOUTH SAYSHORE DRIVE
SUITE 420
MIAMI, FLORIDA 33133
TELEPHONE 305- 854 -0800
TELECOPIER 305- 854 -2323
WWW.WSH- LAW.COM
BROWARD OFFICE
3107 STIRLING ROAD • SUITE 300
FORT LAUDERDALE, FLORIDA 33312
TELEPHONE 954- 763 -4242 * TELECOPIER 954- 764 -7770
VIA HAND DELIVERY
Mr. R. Don O'Donniley
Planning Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
*OF COUNSEL
May 20, 2005
Re: Application for Special Use Approval 5810 Commerce Street
Dear Mr. O'Donniley:
RAQUEL ELEJABARRI ETA
CHAD FRIEDMAN
OLIVER G. GILBERT, III
DOUGLAS R. GONZALES
TARA L. GOULD
GREGORY A. HAILE
JOHN J. KENDRICK, III
PETER A. LICHTMAN
KAREN LIEBERMAN*
MATTHEW H. MANDEL
MICHAEL J. MARRERO
ALEXANDER L. PALENZUELA -MAURI
MICHAEL S. POPOK*
JOHN J. QUICK
ANTHONY L. RECIO
SCOTT A. ROBIN
GAIL D. SEROTA*
JEFFREYP.SHEFFEL
ESTRELLITA S. SIBILA
MICHAEL L. STINES
JOSE S. TALAVERA
STEVEN E. TAYLOR
JAMES E. WHITE
We represent WPMG, LLC in connection with their application for special use and special
parking permit approvals for a restaurant with 50% of parking to be maintained by valet parking,
and-5-0% parking reduction due to the property's proximity to the South Miami Metrorail Station,
pursuant to Sections 20- 8.5(A) and 20- 4.4(H) & (1) of the South Miami Land Development
Code. The applicant intends to build out an up -scale supper club for the use and enjoyment of
City residents.
The property is zoned TODD /LI -4 and is approximately 2,750 square feet in size. The
lounge area consists of less than 1,700 square feet. The upscale rooftop restaurant will provide
an open -air dining experience under the stars. Although food will be prepared on -site, the
applicant's intend to provide sushi, thereby limiting the need for kitchen - related appliances.
Although the applicants are proposing to reduce required parking, they intend to provide
the full complement of required parking. Because the existing building does not leave sufficient
space for parking on -site, the applicant plans to maintain required parking off -site pursuant to
Section 20-4.4(F)(2) of the South Miami Land Development Code. We have enclosed copies of
the pertinent leases for the required 22 spaces within 1,000 feet of the property as required by
your Land Development Code.
Mr. R. Don O'Donniley
May 20, 2005
Page 2
The special use approval for the restaurant and special parking permits will not adversely
affect the health or safety of persons residing and working in the nearby vicinity because its
operating hours, which will be limited to nighttime activities, will not conflict with the
surrounding businesses which operate only during the day. The proposed use and parking
permits will not be detrimental to the public welfare or neighborhood in that it will provide
upscale dining and lounge space for this block which currently contains no night -time uses. This
application complies with all other applicable Code provisions. The applicants are amenable to
conditions restricting the type of food prepared on site or for restrictions limiting the lounge uses
to reputable non - adult- oriented entertainment.
We look forward to your favorable review of this application. Please call me if you have
any questions
TR/ms
1153001
Enclosure
Very truly yours,
Tony Recio
WEISS SEROTA HELFMAN
PASTORIZA GUEDES COLE & BONISKE, P.A.
WEISS SEROTA HELFMAN
PASTORIZA GUEDES COLE Sc BONISKE, P.A.
ATTORNEYS AT LAW
MITCHELL A. BIERMAN
NINA L. BONISKE
MITCHELL J. BURNSTEIN
JAMIE ALAN COLE
EDWARD G. GUEDES
STEPHEN J. HELFMAN
JOHN R. HERIN, JR.
HARRIET R. LEWIS
GILBERTO PASTORIZA
GARY I. RESNICK
JOSEPH. H. SEROTA
NANCY E. STROUD
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
LILLIAN ARANGO DE LA HOZ*
ALISON S. BIELER
MICHELLE BUCKALEW
ELAINE M. COHEN
VIA HAND DELIVERY
MIAMI -DADE OFFICE
2665 SOUTH SAYSHORE DRIVE
SUITE 420
MIAMI, FLORIDA 33133
TELEPHONE 305- 854 -0800
TELECOPIER 305- 854 -2323
WWW.WSH- LAW.COM
BROWARD OFFICE
3107 STIRLING ROAD * SUITE 300
FORT LAUDERDALE, FLORIDA 33312
TELEPHONE 954 - 763 -4242 * TELECOPIER 954 - 764 -7770
Mr. R. Don O'Donniley
Planning Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
*OF COUNSEL
May 25, 2005
Re: Application for Special Use Approval - 5810 Commerce Street;
Applicant WPMG, LLC
Dear Mr. O'Donniley:
VIVIAN DE LAS CUEVAS -DIAZ
STEPHANIE DEUTSCH'
JENNIFER A. GOLDBERG
DOUGLAS R. GONZALES
TARA L. GOULD
CHRISTOPHER F. KURTZ
.PETER A. LICHTMAN
KAREN LIEBERMAN*
MATTHEW H. MANDEL
BERNARD S. MANDLER*
MICHAEL J. MARRERO
ALEXANDER L. PALE NZUELA -MAURI
MICHAEL S. POPOK*
ANTHONY L. RECTO
SCOTT A. ROBIN
GAIL D. SEROTA*
JEFFREY P. SHEFFEL
JOSE S. TALAVERA
SUSAN L. TREVARTHEN*
JAMES E. WHITE
Attached please find revised plans for the captioned application. The applicants are
requesting that the special use approval for the restaurant apply to all levels of the supper club
building. Parking requirements have been revised accordingly. Although the applicants are
requesting a parking reduction for the property's proximity to Metrorail, they intend to provide as
much of the required parking as possible in accordance with the City's off -site parking provisions.
To this end, the applicants have provided the City with leases for 22 parking spaces and are in the
process of obtaining more. Should the applicant obtain leases to meet the 36 -space requirement, we
will be in position to withdraw the request for parking reduction.
Mr. R. Don O'Donniley
May 25, 2005
Page 2
Please update your hearing file to reflect the revised plans. As before, we look forward to
your favorable review of this application. Feel free to call me if you have any questions.
TR/ms
1153001
Enclosure
Very truly yours,
Tony Recio
WEISS SEBOTA HELFMAN
PASTORIZA GUEDES COLE & BONISKE, P.A.
WEISS SEKOTA HELFMAN
PASTORIZA GUEDES COLE & BONISKE, P.A.
ATTORNEYS AT LAW
MITCHELL A. BIERMAN
NINA L. BONISKE
MITCHELL J. BURNSTEIN
JAMIE ALAN COLE
EDWARD G. GUEDES
STEPHEN J.HELFMAN
JOHN R. HERIN, JR.
HARRIET R. LEWIS
GILBERTO PASTORIZA
GARY I. RESNICK
JOSEPH H. SEROTA
NANCY E. STROUD
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
LILLIAN ARANGO DE LA HOZ*
ALISON S. BIELER
MICHELLE BUCKALEW
ELAINE M. COHEN
MIAMI -DADE OFFICE.
VIVIAN DE LAS CUEVAS -DIAZ
2665 SOUTH SAYSHORE DRIVE
STEPHANIE DEUTSCH'
SUITE 420
JENNIFER A. GOLDBERG
DOUGLAS R. GONZALES
MIAMI, FLORIDA 33133
TARA L. GOULD
CHRISTOPHER F. KURTZ
PETER A. LICHTMAN
TELEPHONE 305- 854 -0800
KAREN LIEBERMAN*
TELECOPIER 305- 854 -2323
MATTHEW H. MANDEL
WWW.WSH-LAW.COM
BERNARD S. MANDLER*
MICHAEL J. MARRERO
BROWARD OFFICE
ALEXANDER L. PALENZUELA -MAORI
3107 STIRLING ROAD - SUITE 300
MICHAEL S. POPOK*
FORT LAUDERDALE, FLORIDA 33312
ANTHONY L. RECIO
TELEPHONE 954- 763 -4242 - TELECOPIER 954- 764 -7770
SCOTT A. ROBIN
GAIL D. SEROTA*
JEFFREY P. SHEFFEL
*OF COUNSEL
JOSE S. TALAVERA
SUSAN L. TREVARTHEN*
JAMES E. WHITE
May 26, 2005
VIA. FACSIMILE & U.S. MAIL
Mr. R. Don O'Donniley
Planning Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Application for Special Use Approval - 5810 Commerce Street;
Applicant WPMG, LLC
Dear Mr. O'Donniley:
As we discussed earlier today, we are submitting this letter to clarify the hearing plans. The
property is currently improved with a one -story warehouse - building. The applicants -intend to make
structural modifications to the building in order to build a second floor and rooftop terrace area.
The rear of the [ unding .viii also be eiilargclr in older to provide a 'Larger supper club/lounge area
inside.
We hope that this addresses your question adequately. Please call me if you have any
questions.
Very truly ours,
Tony Recio
TR/ms
1153001
WEISS SEROTA HELFMAN
PASTORIZA GUEDES COLE & BONISKE, P.A.
ATTORNEYS AT LAW
MITCHELL A. BIERMAN
JORGE L. CRUZ- BUSTILLO
NINA L. BONISKE
MIAMI -DADE OFFICE
VIVIAN DE LAS. CUEVAS -DIAZ
MITCHELL J. SURNSTEIN
2665 SOUTH BAYSHORE DRIVE
STEPHANIE DEUTSCH*
JAMIE ALAN COLE
RAQUEL ELEJABARRIETA
SUITE 420
EDWARD G. GUEDES
CHAD FRIEDMAN
STEPHEN J. HELFMAN
MIAMI, FLORIDA 33133
DOUGLAS. R. GONZALES
HARRIET R. LEWIS
TARA L. GOULD
GILBERTO PASTORIZA
GREGORY A. HAILE
GARY I. RESNICK
TELEPHONE 305- 854 -0800
PETER A. LICHTMAN
JOSEPH H. SEROTA
TELECOPIER 305- 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. PALE NZUELA -MAORI
DAVID M.WOLPIN
3107 STIRLING ROAD • SUITE 300
MICHAEL S. POPOK*
STEVEN W. ZELKOWITZ
JOHN J. QUICK
FORT LAUDERDALE, FLORIDA 33312
TELEPHONE 954 - 763 -4242 • TELECOPIER 954- 764 -7770
ANTHONY L. RECTO
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
MICHELLE BUCKALEW
STEVEN E. TAYLOR
ELAINE M. COHEN
JAMES E. WHITE
June 15, 2005
VIA FACSIMILE & U.S. MAIL
Mr. R. Don O'Donniley
Planning Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Application for Special Use Approval - 5810 Commerce Street;
Applicant WPMG, LLC
Dear Mr. O'Donniley:
Attached please find the amended offsite parking lease from B &M Auto Collision, LLC, to
benefit the captioned property in connection with the proposed restaurant use. The lease was
amended to increase the term of the lease to 10 years in order to meet the City Attorney's
interpretation of a "long - team'.' lease. including the six spaces provided for in.the attached lease, the
applicants are now fully complying with the off - street parking requirements for the restaurant
special use.
Please call me if you have any questions.
Very truly yours,
Tony Recio
TR/ms
1153001
Attachment
WEISS SEROTA HELFMAN
PASTOPIZA COLE & BONISKE, P.A.
ATTORNEYS AT LAW
MITCHELL A. BIERMAN
MIAMI -DADE OFFICE
RAOUEL ELEJABARRIETA
NINA L. BONISKE
CHAD FRIEDMAN
MITCHELL J. BURNSTEIN
2665 SOUTH BAYSHORE DRIVE
OLIVER G. GILBERT III
JAMIE ALAN COLE
SUITE 420
DOUGLAS R. GONZALES
STEPHEN J. HELFMAN
MIAMI FLORIDA 33133
,
TARA L. GOULD
HARRIET R. LEWIS
vg
1
GREGORY A. HAILE
GILBERTO PASTORIZA
PETER A. LICHTMAN
GARY I. RESNICK
TELEPHONE 305 -854 -0800
KAREN LIEBERMAN*
JOSEPH
TELECOPIER 305- 854 -2323
MATTHEW H. MANDEL
NANCY E. . STROUD ROUD
ALEXANDER L. PALE NZUELA -MAURI
SUSAN L. TREVARTHEN
WWW.WSH- LAW.COM
MICHAEL S. POPOK*
RICHARD JAY
DAVID M. PIN
BROWARD OFFICE
JOHN J. OUICK
STEVEN W. . ZELKO ELKOWITZ
3107 STIRLING ROAD - SUITE 300
ANTHONY L. RBCIO
SCOTT A. ROBIN
FORT LAUDERDALE, FLORIDA 33312
GAIL D. SEROTA*
TELEPHONE 954- 763 -4242 • TELECOPIER 954 - 764 -7770
THOMAS J. ANSBRO*
JEFFREY P. SHEFFEL
LILLIAN ARANGO DE LA HOZ*
ESTRELLITAS. SIBILA
JAMES E. BAKER
OF COUNSEL
MICHAEL L. STINES
ELAINE M. COHEN
JOSE S. TALAVERA
JORGE L. CRUZ- BUSTILLO
STEVEN E. TAYLOR
VIVIAN DE LAS CUEVAS -DIAZ
JAMES E. WHITE
STEPHANIE DEUTSCH*
�7
June 1 !, 0005
VIA FACSIMILE & U.S MAIL
Mr. R. Don O'Donniley
Planning Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Application for Special Use Approval - 5810 Commerce Street;
Applicant WPMG, LLC
Dear Mr. O'Donniley:
The purpose of this letter is to respond to your inquiries regarding outdoor and offsite
security for the captioned use as well as clarify the applicant's intent regarding the valet parking
operation. Enclosed please find the outdoor and offsite security plan prepared by the applicants.
Although the applicants have requested approvals for the valet parking operation, we would
like to clarify that all of the required parking is provided via offsite parking agreements with
neighboring owners. The applicants simply wish to service their upscale clientele with valet
parking.
Please update your hearing file to include the enclosed security plan. Thank you for your
attention to this matter. Feel free to call me if you have any questions.
Very truly yours,
Tony Recio
TR/ms
1153001
Enclosure
3
S
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1
JUN 2
Security Plan
Supper Club
5810 Commerce Lane
The security of the 5810 Commerce Lane supper club is of the one of the most
important elements of this project.
We want to assure the City of South Miami, and the property owners at
Commerce Lane, that we will take every security precaution, by increasing
security in the area during operating hours.
Currently, Commerce Lane is empty past 5:00pm. After 5:00pm there are no
businesses in operation and the streets are desolate, this is a security risk. No
one feels safe walking these streets at night because there does not seem to be
any sign of life.
With the opening of the supper club, upscale restaurant and lounge, we will hire
off duty South Miami police to secure the area - -South Miami's finest.
We will contract 1 off duty South Miami police officer on premises at the door, 1
off duty South Miami police officer at the entrance of the Commerce Lane Street,
and, 1 off duty South Miami police officer on Progress Road (back of Commerce
Lane Buildings), providing substantial security for property owners and supper
club patrons.
Last year with the onset of this project, we contacted the Chief of Police for South
Miami and reviewed our project. Based on our project details the Chief stated
that on -duty coverage for that area was not an issue.
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20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE
(F) Location and Ownership of Spaces.
(1) All off - street parking spaces shall be located on the same lot with the structure or use
served, except as may be permitted below.
(2) Spaces located off- -site.
(a) Off -site parking spaces shall be permitted. in RM, R.O, L0, MO, NR, SR, GR,
TODD, H, PR and PI districts, with the provision that if off - street parking is
adjacent to residentially zoned properties and/or RO zoned properties, special use
process would be applicable for approval
(b)
(c)
Required off - street parking spaces may be located and maintained up to six
hundred (600) feet from a residential or institutional use served and up to one
thousand (1,000) feet from a noninstitutional and nonresidential use served.
Off -site parking spaces shall be on land either held in common ownership with
the lot on which the principal use will exist under a. unity of title insuring that the
required parking will be provided, or as a condition of the issuance of the building
permit for the principal use, the owner of the off -site parking shall record a
covenant, easement, or long -term lease in form and substance satisfactory to the
city attorney and city commission providing record notice of the commitment of
that land to parking purposes for the principal use. If at any time off -site parking .
ceases to be under the same ownership or control as the principal use or ceases
to be used for parking for the principal use, the certificate of use and occupancy
for the principal use shall be subject to revocation by the city manager, after
notice and hearing.
(3) Parking shall be permitted in yard setback areas, except in required front yard
setbacks in the RO district.
(4) Parking of commercial vehicles of one (1) ton or greater capacity shall not [be]
permitted in all RS, RT or RM districts.
(5) Parking structures shall not be_located: within requiredyard - setback areas
(6) No off - street parking space shall be located within ten (10) feet of any street curb or so
as to permit any portion of a parked vehicle to extend across a property line.
(Ord. No. 9 -99- 1683, § 4, 5 -4 -99; Ord. No. 11 -03 -1796, § 1, 6 -3 -03)
(G) Joint. Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to
share the same required off - street parking spaces in a common parking facility, according to
the following table:
Uses Weekdays Weekends
6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m.
through through through through through
6 p.m. 6 a.m. 6 p.m. 12 a.m. 6 a.m.
supp. No. 8 94.2
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
SOOKIE WILLIAMS, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f /k/a 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 - 7/12/2005
ITEMS: PB -05 -021 - PB -05 -022 AND PB -05 -023
in the XXXX Court,
was published in said newspaper in the issues of
07/01/2005
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 sec in this advertisement for publication in the said
news aRer.
Sworn to and subscribed before me this
01 da f 2005
(SEAL)
SOOKIE WILLIAMS personally knot3ieMana 1. Mesa
Qy_! ag My Commission DD293a55
OF �� Expires March 04, 2008
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