11-01-04 Item 9To: Honorable Mayor, Vice Mayor &
Commission Members
From: Maria Davis
City Manager
Date: November 1, 2004
ITEM No.
Re: Special Use Approval
5701 Sunset Drive
Restaurant -Shops at Sunset
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(13)(4)(b)
OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE
A RESTAURANT, LOUNGE, AND ENTERTAINMENT ESTABLISHMENT IN THE "SR
(HD)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT
SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE)
APPLICANT'S REQUEST:
Pursuant to section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant, Martini Bar of
Miami, LLC. has submitted Application No. PB -04 -020 requesting a Special Use Approval to operate a
general restaurant, lounge (drinking place), and entertainment establishment to be called "Martini Bar" at
the above referenced location. The Shops at Sunset Place is located in the "SR(HD) ", Specialty Retail
Hometown Overlay Zoning District. A restaurant and drinking place are both uses permitted in the
SR(HD) zoning district. The restaurant requires 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 is defined
as 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.
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. Special uses may also be required
to comply with the additional requirements, which are set forth in Section 20- 3.4(B)(4)(b). In the case of a
general restaurant the following supplemental 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.
5701 Sunset Drive/ Tenant Space A15
Special use approval
November 1, 2004
Page 2 of 3
(iii) The city commission shall review and recommend approval, disapproval or modification of
all site plans and project specifications for this special use permit.
The requested special use must also comply with the standard LDC conditional requirements set forth in
Section 20 -5.8 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.
SHOPS AT SUNSET RESTAURANT STATUS:
On April 1, 1997, the City Commission approved Resolution No. 64 -97- 10035, allocating the Shops at
Sunset Place a total of 61,250 square feet of restaurant space. Please note, the following table depicts the
status of allocated square footage that has been approved by the Planning Board and the City
Commission:
Current Status of Restaurants located in the
Shoos at Sunset Place
Name of
Square Footage
Date of Planning Board Appearance
Date of City
Restaurant
Approved Exist
I
Commission Hearing
GameWorks
5170
5170
Recommendation for approval 4/14/98
Approved 5/05/98
Swampy's
12,686
0
Recommendation for approval 5/12/98
Approved 6/02/98
Wilderness
Out of Business
Grill
The Country
8579
0
Recommendation for approval 5 /12/98
Approved 6/02/98
Store/ El
Out of Business
Tropico
Coco Pazzo/
5782
0
Recommendation for approval 5 /12/98
Approved 6/02/98
Out of Business
Johnny
2230
2230
Recommendation for approval 5 /26/98
Approved 6/09/98
Rockets
China Grill
6554
0
Recommendation for approval 6 /30/98
Approved 7/21/98
Out of Business
Xando
1993
0
Recommendation for approval 12/30/98
Approved 1/5/99
Out of Business
The Pizza
0
1204
(Temporary)
Place
Zahbe
1815
1815
Recommendation for approval 8/08/00
Approved 09/05/00
Marhaba
Red Bowl
5566
0
Recommendation for approval 12/12/00
Approved 01/09/01
Fresh Grill
Pulled out
Dan Marino's
6540
6540
Recommendation for approval 01 /30/01
Approved 02/20/01
Town Tavern
Elli's Brick
2734
0
Recommendation for approval 10/29/02
Approved 11/21/02
Oven Cafe
Out of Business
Total Current 16,959
Total Approved 59,649
Area remaining for restaurant use: 61250 - 16,959 = 44,291 sq. ft..
5701 Sunset Drive/ Tenant Space A15
Special use approval
November 1, 2004
Page 3 of 3
STAFF ANALYSIS:
(1) The proposed area of the restaurant /lounge is located in first floor tenant space A15 which is on
Banyon Court the main internal shopping center street. Two previous restaurants occupied the space,
however it has been vacant for several years and the previous special use approvals are void. The
restaurant will occupy 8,579 sq. ft. The restaurant is described by the applicant as a bar/ lounge/
restaurant. In the evening the establishment, in addition to food service, will have musical
entertainment.
(2) The square footage addition of the proposed new restaurant will not result in the Shops at Sunset
Place exceeding the 1997 allocated total square footage for restaurants. The required parking spaces
for all restaurants were included in the initial approval of the Shops. Based upon this analysis there
are no additional spaces required.
(3) The proposed restaurant is located internally and with appropriate conditions, will not adversely
affect the health or safety of persons residing or working in the vicinity; and the proposed use will
not be detrimental to the public welfare or property or improvements in the neighborhood.
PLANNING BOARD ACTION
The Planning Board at its October 12, 2004 meeting adopted a motion by a vote of 6 aye and 0 nay
recommending approval of the special use application with four (4) conditions set forth by staff.
(see below).
RECOMMENDATION
It is recommended that the subject application be approved with the following conditions:
(1) The restaurant shall install a refrigerated garbage storage facility to be used prior to routine garbage
removal;
(2) The sound of all musical entertainment shall be kept internally to the establishment only;
(3) All signage for the new establishment is subject to approval by the City's ERPB; external signage for
the new establishment is limited in size and location to the existing signage for the previous occupant
of space A15;
(4) 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
Floor Plan
Copies of Public notices
Excerpt from Planning Board Minutes October 12, 2004
MD /DOD /SAYE: \Comm Items\2004 \11 -1 -04 \Special use Shops Martini Report.doc
2
3 RESOLUTION NO.
4
5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
6 OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION
7 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
8 APPROVAL TO LOCATE A RESTAURANT, LOUNGE, AND
9 ENTERTAINMENT ESTABLISHMENT IN THE "SR (HD)" SPECIALTY
10 RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT
11 SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET
12 PLACE)
13
14 WHEREAS, Martini Bar of Miami, LLC has submitted an Application No. PB -04 -020
15 requesting special use approval to allow a general restaurant / lounge, and entertainment establishment
16 to locate in the "SR(HD)" Specialty Retail Hometown District Overlay zoning district specifically
17 located at 5701 Red Road (Shops at Sunset Place); and
18
19 WHEREAS, a general restaurant is allowed as a special use in the "SR(HD)" Specialty Retail
20 Hometown District Overlay zoning district subject to meeting general conditions specified in LDC
21 Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(13)(4)(b); and
22
23 WHEREAS, the approval of a special use requires a recommendation from the Planning Board
24 and the approval of the City Commission after a public hearing; and
25
26 WHEREAS, on October 12, 2004 the Planning Board, after public hearing, voted 6 -0 to
27 recommend approval with conditions of the special use request; and
28
29 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
30 recommendation of the Planning Board.
31
32
33 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
34 THE CITY OF SOUTH MIAMI, FLORIDA:
35
36
37 Section 1: That an application for special use to allow the general restaurant, lounge and entertainment
38 establishment entitled "Martini Bar" to locate in the "SR(HD)" Specialty Retail Hometown District
39 Overlay zoning district specifically located at 5701 Red Road (Shops at Sunset Place) is hereby
40 approved subject to the following conditions:
41
42 (1) The restaurant shall install a refrigerated garbage storage facility to be used prior to routine garbage
43 removal;
44
45 (2) The sound of all musical entertainment shall be kept internally to the establishment only;
46
47 (3) All signage for the new establishment is subject to approval by the City's ERPB; external signage for
48 the new establishment is limited in size and location to the existing signage for the previous occupant
49 of space A 15;
50
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(2)
(4) 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
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this _ day of 32004
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
E: \Comm Items \2004 \11 -1 -04 \Special Use Shops Martini Resolution.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner McCrea:
Commissioner Wiscombe:
'�1 ✓s� ` i
MIAMI DAILY BUSINESS .REVIEW ", ,, �: WIIN!0�� �;� � '
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Floridatsw
STATE OF FLORIDA , f, �4
COUNTY OF MIAMI -DADE: s
Before the undersigned authority personally appeared C`I�TY �F SQGTFf Mf/1�1«
O.V. FERBEYRE, who on oath says that he or she is the N�.i`E CIF�UBLIE'i ilE%R�NG >
SUPERVISOR, Legal Notices of the Miami Daily Business4t�r
Review f /Wa Miami Review, a daily (except Saturday, Sunda
and Legal Holidays) newspaper, published at Miami in Miami-Dade
'NOTICE ISNHERELIgiven thathe qty Comrttrssroe afthe Crtyof South g
'Mtarnk FI"ar,1,da,, will CORdF9G' � �UbM s$ Heanng5 'at 6 5•? s1 gU11r Cf /
County, Florida; that the attached copy of advertisement, Commission rrrteetrr sctedufedo�r Mtonday November 1 2004
being a Legal Advertisement of Notice in the matter of begrnnrngAt d p m rmtf a �Ga mrssror Chambers, 6130 Sunset
;Dave, tv evnsrderttafollawmrterris`
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CITY OF SOUTH MIAMI Fi
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CITY COMMISSION MEETING 11 /1/04 AN ORQIIttAN1Cf� fHE MA1fOR AN G1TY COMMISSION
OF THE CITY,O,F„ „SOUTH MI`AtY11; FCdittFiA; PR4!UIQINra FOR' x
in the XXXX Court, E 'Sq MIAMI
was published in said newspaper in the issues of LANIJ DEYElOEMENT CODE, 8Y AIfIIENDfTI� SE�GTIOI�C is F, A
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Afflant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami Dade Resaluttan ON"
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County, Florida and that the said newspaper has t A R SO(� TIOi�wO -',II iErMAYIDR rANOI CLT GOMIGIISS163N
heretofore been continuously published in said Miami -Dade County; , ,QFTHEI>OStUTlf MIAMI, ECELAGTQ Llr)E�MESt
Florida, each day (except Saturday, Sunday and Legal Holidays) PURSUANT TQ SEGION z0-3 4(C4)(r} OF TF�E LANQ
QEYELO MENT COQL,,FO ECIAL tJSEAP ROVALTO
and has been entered as second class mail matter at the post P,
office in Miami in said Miami Dade County, Florida, fora LOCATE A RESTAURANT�m LOUNC:E„ ACID ,�T�EIIT .
period of one year next preceding the first publication of the ME NT�iESABLISHMt?NT tN _THE SF (HQ�x PECI�CLT�(
attached copy of advertisement; and affiant further says that he or RET,aIL< wHOMETOjQfN QISTRIGT 01(ERLA ZONING
QISTRLCT�SPECIFICA,.LY �OCATEQ SAT 57Q_ SUNSET
she has neither paid nor promised any person, firm or corporation QR11AE(5HbPS AT SUNSET PLAGE, PR01f1DINC /AN
any discount, r bate, commission or refund for the purpose EF0T�VIIATE�
of securing t ' adver ent r publication in the said
newspaper Above iterrsca�rtbeilisRectpd rn tree Orty Clerr4s Office`Mondayr; Friday
dUrOg�regttlaro #ICehours ' ` '
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'Inguitres, convernrrTg, tats Item should be'd {rected to the Planning
;Depaitmeiatat 668 6326 � � � �� �
ZLL
Sworn to and subscribed before me this
ALL inter esCed parCres are irsiited to attetTd andwtll be heard
21 day of OCTOBER A.D. 2004
titiana M Menendez
^ CItyCPerts`
Pursuartty to Florida Statutes 286 40105 the City hereby adutses the
(SEAL) C H ipublid hat,if a person deades to appeal arty decision made by this,;
Board Agency or Commission with respect to any matterbonsidered at
O.V. FERBEYRE pers Mission 00338558 its meeting yr hearrng z he or she writ need a- ,record of tfie proceedings
- , .7 July 18, 2008 and that for such purfayse affected pgrs. may need: ensure that a
'verbatim record of the proceedings' is made ft'- rec.'ord includes the
festrrnony and eurdence upon which the appeal Is to the cased ,
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: Lot(s)
Block Subdivision
Please see-.attached legal PB _
Meets & Bounds: description:
—
Applicant: artini Bar bf Miami; .LLC Phone:
M
d /b /a Martini Bar (305) 444 -5002
Representative: Louis J. Terminello, Esq. Organization:
TERMINELLO & TERMINELLO, P.A.
Address: 2700 S.W. 37th Avenue, Miami, FL 33133Phone :(305) 444. -5002
Property Owner: Bakery Associates, LTD. Signature:
contact: Robert L.'Horkay, Tenant Coordinator
Mailing Address: P,O. Bog 6120 Phone: (317) 263 -7916
Indianapolis, IN 46206
Architect/Engineer: Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative Contract to purchase _Option to purchase xTenant/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
x Letter of intent
— Zoning Map Amendment g Special Use
_ Justifications for change
— PUD Approval _Special Exception
_ Statement of hardship
— PUD Major Change _Other
x Proof of ownership or letter from owner
X
Briefly explain application and cite specific Code sections:
— Contract to purchase
— Current survey (1 original sealed and
Special use permit to permit a bar /lounge /restaurant
signed /1 reduced copy @ 11" x 17 ")
x 15 copies of Site, Plan and Floor Plans
with live entertainment; and an Entertainment Venue
(Lounge /Performance) at the subject location pursuant to
1 reduced copy @ 11" x 17"
20% Property owner, signatures
Sections 20 -3.3, 20 -5.8, 20 -3.4
Section: Subsection: Page #: Amended Date:
g
— Mailing labels (3 sets) and map
g Required Fee(s)
x certified notice of mailing
to owners
The undersigned has read this comppleted a plication and represents that the information and all submitted materials are true and
correct to t best of the applicant's nowledge and belief.
09/23/04
Applicant's Signature and title Date
Louis J.Termnello, attorney for _tenant/applicant
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
2S /L/ V V
City of South Miami
Application No. PB -04 -020 - Special Use Approval for Martini Bar/Restaurant
5701 Sunset Place (Shops at Sunset Place)
0
5940 TO 0 7301 v "�'
7331 5824 o ti
7311 0
0 7311 CO
7321 S 0 0 7320 7321 7325
0
5901 5791 7331 7390 o
0 5595
Sw ■
5901 5 5801 7400 7400 5550
0 300 600 900 1,200 1,500
Feet
TERMINELLO & TERMINELLO, P.A.
ATTORNEYS AT LAW
2700 S.W. 37 AVENUE
MIAMI, FLORIDA 33133 -2728
JOHANA DE LA ROSA
LEGAL ASSISTANT
E -MAlt : ;chana@term;nello.,.om
GEANNINA A. MUNIZAGA
LEGAL ASSISTANT September 24, 2004
E -MAIL: geannina @terminello.com
Don O'Donniley, AICP, Planning Director
City of South Miami
Planning & Zoning Department
6130 Sunset Drive
South Miami, FL 33143
RE: Martini Bar of Miami, LLC, d/b /a Martini Bar
The Shops at Sunset Place
Deal Mr. O'Donniley:
BROWARD OFFICE
2455 HOLLYWOOD BLVD.
SUITE 118
HOLLYWOOD, FL 33020
(954) 929 -9600
DANIELLE M. TERMINELLO
OFFICE ADMINISTRATOR
E -MAIL: danielle @terminello.com
MARIA RAMIREZ
LEGAL ASSISTANT
E -MAIL: maria @terminello.com
MICHAEL H. TARKOFF
LITIGATION SUPPORT
E -MAIL: mtarkoff @terminello.com
The undersigned represents Martini Bar of Miami, LLC, Your Applicant for a public hearing to request
a special use permit to operate a bar /lounge /restaurant with live entertainment and /or an "Entertainment
Venue (Lounge /Performance)," and outdoor dining, which is to be located within The Shops at Sunset Place,
which is located in the SR zoning district and the Hometown Overlay District, pursuant to Sections 20 -3.3,
20 -3.4 and 20 -5.8 of the Land Development Code.
The proposed business will be located within The Shops at Sunset Place within space No. A/O 1 /15 on the
StrCCi ie vc � at>ci will crrJe ate acs a -r escatxr`arirvl5e t ua ly-iur urrch-ac noon: -urine evemn ; m addiiion to rood
service, the business will provide its patrons with entertainment from a variety of different music eras,
including the 70's, 80's and 90's. The principals of the proposed business and their management team are
very experienced operators of bars; lounges and restaurants in the South Florida area and are keenly aware
of their responsibilities regarding the distribution of alcoholic beverages.
Martin Bar of Miami, LLC's operation will not adversely affect the health or safety of persons residing or
working in the vicinity of the proposed use. The proposed business operation will not be detrimental to the
public welfare or property or improvements in the neighborhood and, in fact, is compatible with the other
uses within The Sunset Shops. This business will bring employment opportunities to people in the
community and will offer patrons a friendly, clean and pleasant environment for casual dining from lunch
through late dinner with a varied and enjoyable entertainment ambiance.
Thank you for your kind consideration in this matter. Of course, please do not hesitate to contact me if you
should have any questions in this regard.
Very truly yours,
Louis J. Terminello
LJT /nt
Encls.
N: \Data_K -Q \MARTINI BAR OF MIAMI, LLC - SUNSET PLACE -ZONING (VOL.II)\letter ofintentmpd
(305) 444 -5002
LOUIS J. TERMINELLO'
FAX: (305) 448 -5566
E -MAIL: Ijt @terminello.com
Website: www.terminello.com
NANCY TERMINELLO-
E-MAIL: nancy @terminello.com
PLEASE REPLY, TO:
ALSO ADMITTED IN:
MIAMI
NEW YORK
'WASHINGTON, D.C.
"'NEW YORK
JOHANA DE LA ROSA
LEGAL ASSISTANT
E -MAlt : ;chana@term;nello.,.om
GEANNINA A. MUNIZAGA
LEGAL ASSISTANT September 24, 2004
E -MAIL: geannina @terminello.com
Don O'Donniley, AICP, Planning Director
City of South Miami
Planning & Zoning Department
6130 Sunset Drive
South Miami, FL 33143
RE: Martini Bar of Miami, LLC, d/b /a Martini Bar
The Shops at Sunset Place
Deal Mr. O'Donniley:
BROWARD OFFICE
2455 HOLLYWOOD BLVD.
SUITE 118
HOLLYWOOD, FL 33020
(954) 929 -9600
DANIELLE M. TERMINELLO
OFFICE ADMINISTRATOR
E -MAIL: danielle @terminello.com
MARIA RAMIREZ
LEGAL ASSISTANT
E -MAIL: maria @terminello.com
MICHAEL H. TARKOFF
LITIGATION SUPPORT
E -MAIL: mtarkoff @terminello.com
The undersigned represents Martini Bar of Miami, LLC, Your Applicant for a public hearing to request
a special use permit to operate a bar /lounge /restaurant with live entertainment and /or an "Entertainment
Venue (Lounge /Performance)," and outdoor dining, which is to be located within The Shops at Sunset Place,
which is located in the SR zoning district and the Hometown Overlay District, pursuant to Sections 20 -3.3,
20 -3.4 and 20 -5.8 of the Land Development Code.
The proposed business will be located within The Shops at Sunset Place within space No. A/O 1 /15 on the
StrCCi ie vc � at>ci will crrJe ate acs a -r escatxr`arirvl5e t ua ly-iur urrch-ac noon: -urine evemn ; m addiiion to rood
service, the business will provide its patrons with entertainment from a variety of different music eras,
including the 70's, 80's and 90's. The principals of the proposed business and their management team are
very experienced operators of bars; lounges and restaurants in the South Florida area and are keenly aware
of their responsibilities regarding the distribution of alcoholic beverages.
Martin Bar of Miami, LLC's operation will not adversely affect the health or safety of persons residing or
working in the vicinity of the proposed use. The proposed business operation will not be detrimental to the
public welfare or property or improvements in the neighborhood and, in fact, is compatible with the other
uses within The Sunset Shops. This business will bring employment opportunities to people in the
community and will offer patrons a friendly, clean and pleasant environment for casual dining from lunch
through late dinner with a varied and enjoyable entertainment ambiance.
Thank you for your kind consideration in this matter. Of course, please do not hesitate to contact me if you
should have any questions in this regard.
Very truly yours,
Louis J. Terminello
LJT /nt
Encls.
N: \Data_K -Q \MARTINI BAR OF MIAMI, LLC - SUNSET PLACE -ZONING (VOL.II)\letter ofintentmpd
Mr. Don O'Donniley
PLANNING DEPT., CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, FL, 33143
305.663.6327
Reference:
THE MARTINI BAR
SPACE # A/01/15.
Dear Mr. O'Donniley:
September 22, 2004
Via FAX to 30.5.666.4591, and
DHL/ Next Afternoon
THE SHOPS AT SUNSET PLACE
SOUTH MIAMI, FLORIDA
As discussed recently, please accept this letter as confirmation that Landlord has executed a Lease with
the Referenced tenant and that Tenant will be proceeding forward with various permit and license
applications. Please accept and act upon these applications as timely as City process allows.
Also to confirm, the square footage of this space (8,579 s/ 0 was originally included in the maximum
allowable restaurant computation. Since this new use will not be primarily restaurant use, this square
footage will be removed from that count for possible future reallocation to another space.
Please contact me at your convenience if I can offer any additional assistance. I can be reached at the
direct -dial number indicated below. I can also receive facsimile transmissions at (317) 685 -7269 and
email at rhorkay@simon.com.
Sincerely,
Robert L. Horkay Direct Dial (317) 263 -7916
Sr. Tenant Coordinator
Copy: Matt Barger (via FAX to 330.965.5584), Tim Cunningham, (via FAX to 305.663.0167), Joe Delaney (via
DHL/ Next PM to Bar Management Group, .Inc., 101 S. State Road 7, Suite 205, Hollywood, FL, 33023,
954.967.8444), Tom Schneider, Lou Terminello (via DHL/ Next PM to Terminello & Terminello, P.A.,
2700 SW 37th Avenue, Miami, FL, 33133 -2728, 305.444.5002), Tenant File, Central Files
C:\DOCUMENTS AND SETTINGS\NANCY TERMINELLo\LOCAL SETTINGskTEMPORARY INTERNET FILES \QLK40\THEMABAOOI.DOC
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, October 12, 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 7:38 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, Ms. Gibson,
Ms. Yates, Mr. Liddy, Mr. Comendeiro, Mr. Illas, and Mr. Mann.
Board members absent: None
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(absent)
III. Planning Board Applications / Public Hearings
Chairman Mr. Morton swore in speakers
PB -04 -020
Applicant: Martini Bar of Miami, L.L.C.
Location: 5701 Sunset Dr. (Shops at Sunset Place)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO A REQUEST PURSUANT TO
SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A
Planning Board Meeting
October 12, 2004
Page 2 of 3
SPECIAL USE APPROVAL TO LOCATE A RESTAURANT, LOUNGE, AND
ENTERTAINMENT ESTABLISHMENT "SR (HD)" SPECIALITY RETAIL
HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY
LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE).
Action: Mr. Morton read the item into the record. Mr. O'Donniley presented the
staff report. Mr. O'Donniley explained that 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, lounge (drinking place), and
entertainment establishment to be called "Martini Bar" at the above referenced
location. The Shops at Sunset Place is located in the "SR(HD) ", Specialty Retail
Hometown Overlay Zoning District. A restaurant and drinking place are uses
allowed in the SR(HD) zoning district. The restaurant requires Special Use
Approval.
He also noted that 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.
At this point, Mr. O'Donniley proceeded to present staff's analysis of the request
for special use approval.
(1) The proposed area of the restaurant /lounge is located in first floor tenant space
A 15 which is on Banyon Court the main internal shopping center street. Two
previous restaurants occupied the space, however it has been vacant for several
years and the previous special use approvals are void. The restaurant will
occupy 8,579 sq. ft. The restaurant is described by the applicant as a bar/
lounge/ restaurant. In the evening the establishment, in addition to food
service, will have musical entertainment.
(2) The square footage addition of the proposed new restaurant will not result in
the Shops at Sunset Place exceeding the 1997 allocated total square footage for
restaurants. The required parking spaces for all restaurants were included in the
initial approval of the Shops. Based upon this analysis there are no additional
spaces required.
(3) The proposed restaurant is located internally and with appropriate conditions,
will not adversely affect the health or safety of persons residing or working in
the vicinity; and the proposed use will not be detrimental to the public welfare
or property or improvements in the neighborhood.
The Board and staff discussed the request and the Board specifically addressed the
matter of having safeguards in place with regards to minors and alcohol in the
restaurant /lounge.
Planning Board Meeting
October 12, 2004
Page 3 of 3
At this point, Mr. Morton opened the Public Hearing
Mr. Louis J. Terminello, Esq. (Applicant's representative)
Mr. Terminello explained to the Board the purpose of the Martini Bar of Miami. He
stated the proposed business would be located within the Shops at Sunset and it will
operate as a restaurant open daily for lunch at noon. In the evening, in addition to
food service, the business will provide its patrons with entertainment from a variety
of different music eras, including the 70's, 80's and 90's. The principals of the
proposed business and their management team are very experiences operators of
bars, lounges and restaurants in the South Florida area and are keenly aware of their
responsibilities regarding the distribution of alcoholic beverages. He noted also that
this business will bring employment opportunities to people in the community and
will offer patrons a friendly, clean and pleasant environment for casual dining from
lunch through late dinner with a varied and enjoyable entertainment ambiance.
No public speakers spoke on this item
Mr. Morton closed the Public Hearing.
Motion: Mr. Comendeiro made a motion to recommend approval of the special
use approval request, subject to the four conditions suggested by staff with the
addition that musical entertainment noise (Condition No. 2) be kept internally to
the establishment. Mr. Illas seconded the motion.
(1) The restaurant shall install a refrigerated garbage storage facility to be used
prior to routine garbage removal;
(2) The sound of all musical entertainment shall be kept internally to the
establishment only;
(3) All signage for the new establishment is subject to approval by the City's
ER.PB; external signage for the new establishment is limited in size and
location to the existing signage for the previous occupant of space Al 5;
(4) 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.
Vote: Ayes 6 Nays 0
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