07-20-04 Item 16To: Honorable Mayor, Vice Mayor & Date: July, 20 2004
Commission Members
ITEM No. /10
From: Maria Davis Re: Special Use Approval
City Manager )Of. is 5850 Sunset Drive
Natural Chicken Grill
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(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
APPROVAL TO LOCATE A GENERAL RESTAURANT "NATURAL CHICKEN
GRILL" IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT
OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5850 SUNSET
DRIVE; 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 is requesting a
Special Use Approval to operate a general restaurant at the above referenced location. The proposed use
is located in the "SR(HD) ", Specialty Retail Hometown Overlay Zoning 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 Natural Chicken Grill in part of the ground
floor of an existing two story building located at 5850 Sunset Drive. The first floor was previously
operated as a restaurant called Koo Koo Roo. The space has been vacant for the past two years. The
restaurant will occupy 2000 sq.ft. or approximately half of the ground floor. It is important to note that
the Hometown Overlay Zoning District Regulating Plan (map) designates this building as a "contributive
building" (having historic / architectural merit), and therefore it is exempt from providing required
parking spaces. (LDC Section 20 -7.6 ( C)(3) )
During discussion at the Planning Board it was noted that the LDC specifies in Section 20- 3.4(B)(4)(d)
that a restaurant in the "SR" district may only occupy a maximum of 25 % of the ground floor area of the
building. Staff was requested as a condition of the approval to further review the applicability of this
provision to the proposed special use. It was determined that this provision which appears in the special
use section of the Code was not applicable in the Hometown Overlay District. The Hometown District
5850 Sunset Dr.
Special use approval
July 20, 2004
Page 2 of 3
Overlay has a separate list of permitted uses and it permits general restaurants, however, a square footage
maximum is not required. In the event of a conflict between an underlying zone district regulation (SR)
and the Hometown Overlay District, the Hometown Overlay District Regulations supercedes and is
controlling ( LDC Section 20- 7.2(B).
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 June 15, 2004 meeting, adopted a motion by a 6 aye 0 nay vote to approve the
special use request subject to the following conditions:
(1) The applicant shall provide a floor plan for the restaurant interior to be submitted prior to the
application being forwarded to the City Commission;
(2) The restaurant shall install a refrigerated garbage storage facility to be used prior to routine
garbage pick -up;
(3) If the subject 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.
5850 Sunset Dr.
Special use approval
July 20, 2004
Page 3 of 3
RECOMMENDATION
The requested special use 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 the restaurant interior to be submitted prior to the
application being forwarded to the City Commission;
(2) The restaurant shall install a refrigerated garbage storage facility to be used prior to routine
garbage pick -up;
(3) If the subject 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.
Attachments:
Draft Resolution
Application
Location Map
Letter of Intent / Justification
Survey
Floor Plan
Planning Board Minutes Excerpt 6/15/04
Copies of Public notices
MD/DOD/SAY
EAComm Items\2004 \7 -20 -04 \Special Use Rest- 5850 Sunset Report.doe
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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(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
APPROVAL TO LOCATE A GENERAL RESTAURANT "NATURAL CHICKEN
GRILL" IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT
OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5850 SUNSET
DRIVE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Said Almukhtar has submitted an application for a special use to allow "Natural
Chicken Grill ", a general restaurant to locate in the "SR(HD -OV)" Specialty Retail Hometown District
Overlay zoning district specifically located at 5850 Sunset Drive; and
WHEREAS, a general restaurant is allowed as a special use in the "SR(HD -OV)" Specialty Retail
Hometown District Overlay zoning 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 June 15, 2004 the Planning Board, after public hearing, voted 5 ayes and 0 nays
to recommend approval with conditions of the special use request; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recommendation of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That an application for special use to allow the general restaurant, " Natural Chicken Grill" to
locate in the "SR(HD -OV)" Specialty Retail Hometown District Overlay zoning district specifically
located at 5850 Sunset Drive is hereby approved subject to the following conditions:
(1) The restaurant shall install a refrigerated garbage storage facility to be used prior to routine
garbage pick -up;
(2) The applicant shall provide a floor plan for the restaurant interior to be submitted
prior to the application being forwarded to the City Commission;
0
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2 (2)
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4 (3) If the subject general restaurant is, in the future, determined by the Director of Planning to
5 be adversely affecting the health or safety of persons residing or working in the vicinity of the
6 proposed use, to be detrimental to the public welfare or property or improvements in the
7 neighborhood, or to be not in compliance with other applicable Code provisions, the special use
8 approval may be modified or revoked by the City Commission upon notification and public
9 hearing.
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12 Section 2: This resolution shall be effective immediately after the adoption hereof.
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16 PASSED AND ADOPTED this _ day of , 2004
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20 ATTEST: APPROVED:
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23 CITY CLERK
MAYOR
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Commission Vote:
26 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:
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Commissioner Sherar:
31 CITY ATTORNEY
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51 EAComm Items\2004 \7 -20 -04 \Special Use Rest 5850 Sunset Resol.doc
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
Address of Subject Property: ' nSe J�(.
Lot(s) I Subdivision WA Lyk to �
—Block
PB
Meets & Bounds:
Applicant: Phone:
Representative:
Organization: r p+ e ` g
Address:
Phone:
Property h aer, U .' � f C� � �G •
Signature:
Mailing Address:
116 Si • M1 ei O` 3s i 9
Phone: y®
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 LDCL _Variance
Letter of intent
Zoning Map Amendment 4,oSrecial 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
It" o ,. Lt 6'ca
signed /1 reduced copy @ 11" x 17 ")
15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
0 20% Property owner signatures
Section: Subsection: Page #: Amended Date:
_ Mailing labels (3 sets) and map
�
II
Required Fee(s)
1
The undersigned has read this completed a plication and represents that the information and all submitted materials are true and
correct to the best of the applicant's knowledge and belief.
Applioe s Signature and titleV 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 Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Payment
MAY -24 -2004 08:43AM FROM — Lehigh Valley Hotel Center +61O4435014 T-771 P.002/0O2 F -016
05/23/2004 7.;x:417 Alb:40bX?4d NLAZ rnac uc.
AMROUL=S ago
6335 3W 113 St.
Xh=I !"133166
PH# 305- 667.3733
City of South ,Miami
May 23, 2404
We are the owners of the property located at 5854 Sunset Dr. Mr. Said Aimukhtar of
Natural Chicken Grill has leased our property, and is authorized to apply'for the
SPECL4L USE PE MCT. v000
Thank you for your assistance,
Androulakis Korres
By �
5961 5949
5950
City of South Miami
PB -04 -007 Special Use Approval
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Feet
Delicious and Nutritious, Always Fresh Never Frozen
Phone305 225 7855
Fax 305 225 7665
WWW.. Naturalchickengrill. com
City Of South Miami
We are applying for a Special Use permit in order to install a Natural Chicken Grill,
health food restaurant, at 5850 Sunset Drive. The location has had some restaurants
before, Koo Koo Roo's and J J's. With some minor adjustments, we will reuse most of
the existing equipment, furniture and infrastructure. Our top quality healthy menu will
provide excellent service to the local residential and business City of South Miami
community.
Said Almukhtar, President
Natural Chicken Grill
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, June 15, 2004
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Illas, Mr. Liddy, Mr.
Comendeiro and Mr. Mann.
Board members absent: Ms. Yates and Ms. Gibson.
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning
Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board
Secretary).
IV. Planning Board Application / Public Hearings
PB -04 -007
Applicant: Said Almukhtar
Location: 5850 Sunset Drive
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT
"NATURAL CHICKEN GRILL" IN THE "SR (HD -OV)" SPECIALTY RETAIL
HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY
LOCATED AT 5850 SUNSET DRIVE.
Planning Board meeting
June 15, 2004
Page 2 of 3
Action: Mr. Morton read the item into record and Mr. O'Donniley presented the staff
report. He explained that the applicant is requesting a Special Use Approval to operate a
general restaurant named Natural Chicken Grill in part of the ground floor of an existing
two story building located at 5850 Sunset Drive. A general restaurant is permitted with
Special Use Approval. The proposed use is located in the "SR(HD)," Specialty Retail
Hometown Overlay Zoning District. 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.
Mr. O'Donniley stated that the first floor was previously operated as a restaurant called
Koo Koo Roo. The space has been vacant for the past two years. The LDC specifies in
Section 20 -3.4 (13)(4)(d) that a restaurant in the SR district may only occupy a maximum
of 25% of the ground floor area of the building. Based upon a review of the survey, the
restaurant would exceed the limitation; staff felt that this provision might not be applicable
to this property.
It is also noted that the Hometown Overlay Zoning District Regulating Plan (map)
designates this building as a "contributive building" (having historic / architectural merit),
and therefore it is exempt from providing required parking spaces. (LDC Section 20 -7.6
(C)(3)).
Mr. O'Donniley advised staff would recommend approval of the application with the
following conditions: (1) the applicant shall provide a floor plan for the restaurant interior
to be submitted prior to the application being forwarded to the City Commission; (2) If the
subject general restaurant is, in the future, determined by the Planning Director, to be
adversely affecting the health or safety of person residing or working in the vicinity of the
proposed use, to be detrimental to the public welfare or property or improvements in the
neighborhood, 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.
Applicant: Said Almukhtar 5850 Sunset Drive
At this point, Mr. Morton opened the public hearing.
No speakers spoke in favor or against this item. Mr. Youkilis informed Mr. Almukhtar that
he needed to submit floor plans. Additionally, he stated to the applicant that this item could
possibly be in front of the City Commission at the meeting of July 20. Mr. Morton
requested that at the next Planning Board meeting of July 13, the Planning staff provide an
update on this item.
Motion: Mr. Morton moved to recommend for approval, subject to the following
conditions:
1) review by the City Attorney of the special use provision applicable to
restaurants in the SR to determine if it is not in conflict with the code;
Planning Board meeting
June 15, 2004
Page 3 of 3
2) make a provision for a refrigerated garbage storage, prior to routine pick -up,
and that be coordinated with staff,
3) incorporate both staff recommendations.
Mr. Liddy seconded the motion. The motion was approved by the following vote:
Ayes 5 Nays 0
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 /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miamian 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 HEARINGS - JULY 20, 2004
ORDINANCE AMENDING ORDINANCE NO.. 15 -02 -1783, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
07/09/2004
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, reba ,commission or refund for the purpose
of securing this dvertise o ublication in the said
newspaper.
Sworn to�and subs ed before tthis
(SEAL) 1 /
O.V. FERBEYRE personally known to me
I Y:ei•. JANETTLLERENA
MY COMMISSION # DD 307105
EXPIRES, June 23 2008
'•h,,uF ��,` Bonded `rhru Notary' Public Undarwrltsrs
HI-TeCh Air Se, vice
FPL PARTICIPATING CONTRACTOR jj
,J
Financing Available
ILI
VILLAGE OF PALMETTO BAY
NOTICE OF COUNCIL WORKSHOP
The Village of Palmetto Bay Council shall be meeting for
a Workshop on Wednesday, July 21, 2004 at 5:00 p.m.
The purpose of this meeting is to hear presentations for
the Comprehensive Development Master Plan and the
Street/Sidewalk Inventory study.
J
The meeting shall be held at the Deering Estate Visitor',
Center, 16701 SW 72 Avenue, Palmetto Bay, FL 33157.
Any meeting may be opened and continued and, under
such circumstances, additional legal notice would not be
provided. Any person may contact the Village Hall at
(305) 259-1234 for information.
In accordance with the Americans with Disabilities Act
of iQQn narennc naariinri anariol ne-e-nmmnrl-nfinn tr)
29,�
0
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, July 20, 2004, beginning at 7:30 p.m., in the City Commission
<
Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings
to consider the following.
Z
Z)
1. An Ordinance amending Sec. 2-26.8 of the City of South Miami Code
of Ordinances, entitled "Budget and Finance Committee," amending
Q-
membership requirements, duties and responsibilities.
2. An Ordinance amending Sec. 2-3 of the City.of South Miami ;Code,of
<
Of -1
Ordinances, entitled "Compensation for Commissioners an&Maybe-
uj
I =
Established," to allow for an increase in commissioner compensation. I
Lu
C3. A Resolution relating to a request for a Special Use a ro.vdil.to. locate,
a general restaurant "Natural Chicken Grill" at 5850 Sunset Drive. , ,
For more information please contact the City Clerk's office at 305r66&6340.-1
E
Maria M. Menendez
i U 0
City Clerk
-6
4
City of South Miami t
HI-TeCh Air Se, vice
FPL PARTICIPATING CONTRACTOR jj
,J
Financing Available
ILI
VILLAGE OF PALMETTO BAY
NOTICE OF COUNCIL WORKSHOP
The Village of Palmetto Bay Council shall be meeting for
a Workshop on Wednesday, July 21, 2004 at 5:00 p.m.
The purpose of this meeting is to hear presentations for
the Comprehensive Development Master Plan and the
Street/Sidewalk Inventory study.
J
The meeting shall be held at the Deering Estate Visitor',
Center, 16701 SW 72 Avenue, Palmetto Bay, FL 33157.
Any meeting may be opened and continued and, under
such circumstances, additional legal notice would not be
provided. Any person may contact the Village Hall at
(305) 259-1234 for information.
In accordance with the Americans with Disabilities Act
of iQQn narennc naariinri anariol ne-e-nmmnrl-nfinn tr)