09-18-90OFFICIAL AGENDA -
CITY OF SOUTH MIAMI
6,130 Sunset Drive Next Resolution:
REGULAR CITY... COMMISSION MEETING Next Ordinance:'
Next Commission Meeting:
SEPTEMBER 18TH, 1990
7:30 P:M.
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Items for Commission Consideration: `
1) Minutes: Regular City Commission Meeting - September 4th, 1990
Special City Commission Meeting - September 5th, 1990
Special City Commission Meeting September 11th,1990
2) City Manager's Report
3) City Attorney's Report
ORDINANCES- 2ND READING & PUBLIC �iEARING:
4. An Ordinance rezoning the property at 6790 S.W. 57 Avenue and at 5757 S.W. 68th Street, 4/5
South Miami, Florida legally described herein, from LO (Low Density Office) to GR
(General Retail) and amending the Official Zoning Map of the City of South Miami to
reflect said changedZoning designation.
(Commission)
RESOLUTIONS FOR PUBLIC HEARING:
5. A Resolution approving requests for a variance from Chapter 4, Art. I, Section 4 -2 (a) 4/5
(1) of the Code of Ordinances of the City of South Miami•, Florida to permit the sale
of alcoholic beverages within 500 feet of residential property; a variance from Chapter 4
Art. I, Section 4 -2 -(a) (3) of the Code of Ordinances to permit-sale of alcoholic
beverages within 300 feet of another licensed restaurant; a variance from Chapter 4,
Art. I, Sec. 4 -2 (a) (7) of the Code of Ordinances to permit six (6) parking spaces
where (19) parking spaces are required for an eating place; a•variance from Sec. 20 -3.4
(B) (4) (c) of the Land Development Code to permit an eating place as a special use
within 300 feet of another eating place; and a permit for a special use under Sec. 20 =3.3
(E) of the Land Development Code for an eating place in an SR (Specialty Retail) District;
all requests by Mr. Udomsak Chaiprateep from the Planning Board of the City of South
Miami, Florida for the property known as 5885 S.W. 73rd Street, South Miami, Florida,
and legally described herein.
(Planning Board /Administration)
Y
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s
REGULAR CITY COMMISSION MEETING
SEPTEMBER 18, 1990'
PAGE 2
RESOLUTIONS:
6. A Resolution authorizing the City Administration to enter into a contract,
with Willie Tompkins for the operation of a concession stand at South
Miami Field. (_Administration) 4/5
7. A Resolution supporting a major league baseball franchise in Dade
County, Florida. (Mayor McCann 3/5
8. A Resolution authorizing the City Manager to obtain bi.'ds for the collection
and proper disposal of plastic refuse from a central collection point in
South Miami as an addition to the recycling program of the City.
(Mayor McCann) 3/5
ORDINANCES - FIRST READING AND PUBLIC NEARING:
none
* *An Ordinance for first reading may be presented by Commissioner Cooper
from the floor.
p
You are hereby advised that if any person desires to appeal any decision.
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed;ngs is
glade, which record includes the testimony and evidence upon which the
appeal is„ based.
REGULAR CITY COMMISSION MEETING
SEPTEMBER 18, 1990'
PAGE 2
RESOLUTIONS:
6. A Resolution authorizing the City Administration to enter into a contract,
with Willie Tompkins for the operation of a concession stand at South
Miami Field. (_Administration) 4/5
7. A Resolution supporting a major league baseball franchise in Dade
County, Florida. (Mayor McCann 3/5
8. A Resolution authorizing the City Manager to obtain bi.'ds for the collection
and proper disposal of plastic refuse from a central collection point in
South Miami as an addition to the recycling program of the City.
(Mayor McCann) 3/5
ORDINANCES - FIRST READING AND PUBLIC NEARING:
none
* *An Ordinance for first reading may be presented by Commissioner Cooper
from the floor.
p
You are hereby advised that if any person desires to appeal any decision.
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed;ngs is
glade, which record includes the testimony and evidence upon which the
appeal is„ based.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, REZONING THE
PROPERTY AT 6790 S.W. 57 AVENUE AND AT 5757 S.W. 68 STREET,
SOUTH MIAMI, FLORIDA LEGALLY DESCRIBED HEREIN, FROM LO (LOW
DENSITY OFFICE) TO GR (GENERAL RETAIL) AND AMENDING THE
OFFICIAL ZONING MAP OF -THE CITY OF SOUTH MIAMI TO REFLECT SAID.:'
CHANGED ZONING DESIGNATION.
WHEREAS, the City of South Miami, Florida heretofore adopted a
Land Development Code on October 26, 1989; and
WHEREAS, by Ordinance 7 -90 -1948, the City of South Miami on
May 1, 1990 thereafter adopted a Comprehensive Land Use Plan; and
WHEREAS, the adopted Comprehensive Land Use Plan designates
the property at 6790 S.W. 57 Avenue and at 5757 S.W. 68 Street, South.
Miami, Florida and legally described as the E 150' of the <S 150'
of Tract 1, less the S 10' and the E 15" thereof for Right-of-Way of-
the Revised Plat of Fernwood Subdivision as recorded in Plat Book 35
at Page 72 and the W 75' of the E 325' of the S 125' of Tract 1 of
the revised Plat of Fernwood Subdivision as recorded in Plat Book 35
at Page 72 of the Public Records of Dade County, Florida as "GR"
(General Retail); and
WHEREAS, the present Land Development Code and Official Zoning
Map adopted thereunder, reflects the aforesaid property as still
being designated "LO (Low Density Office); and
.�Z WHEREAS, the Mayor and City Commission wish to change the Land
Development Code and Official Zoning Map thereunder to conform with
the aforesaid Comprehensive Land Use Plan of Adoption;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -3.1 (C) "Official Zoning Map" 5e. and
hereby is amended to reflect the aforesaid property as "GR" in lieu
of its present designation of "LO
y
Section 2. That the Administration be, and hereby is, directed to
make all such changes necessary so that the Official Zoning Map reflects
the same.
Section 3. If any section,` clause, sentence or phrase of this
Ordinance is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this Ordinance.
Section 4. All Ordinances or parts of Ordinances in conflict
herewith be, and the same are, hereby repealed.
Section 5. Thin Ordinance shall take effect immediately at the ;
time of its passage.
PASSED AND ADOPTED this day of 1990
APPROVED
MAYOR
ATTEST:
q;Td CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
t
Mg o ud rMfiamis
6130 Sunset Drive, South Miami. Florida 33143
A G E N IT A
Plarzrz _ng Boa.rcl
Tuesday
September 11, 1990
Sylva G. Martin Building
7:30 PM
A. Call to order and the Pledge of Allegiance to the Flag of the
the United States of America.
B. Roll Call:.
C. Approval.of the Minutes of August 14, 1990;
D. Public Hearing.
PB -90 -023
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
REZONING THE PROPERTY AT 6790 S.W. 57 AVENUE AND AT
5757 S.W. 68 STREET, SOUTH MIAMI, FLORIDA LEGALLY.
DESCRIBED HEREIN, FROM LO (LOW DENSITY OFFICE) TO
GR. ( GENERAL RETAIL) AND AMENDING THE OFFICIAL ZONING`
MAP OF THE CITY' OF SOUTH' MIAMI` TO REFLECT SAID -,
CHANGED ZONING DESIGNATION.
E. -,Remarks
F. Adjournment.
You are hereby advised that if any person desires to appeal -
any decision made with respect to any matter considered at these;
hearings, such person will need a record of the proceedings, and
-
for such purpose may need to ensure that a verbatim record of the < --
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based (F.S. 286:0105)
"City of Pleasant Living
r,
NOTICE OF PUBLIC HEARING
On Tuesday, September 11, 1990, at 7:30 P.M. in the. City Commission
Chambers, the-, Planning Board of ;the- City of South Miami will...
conduct -a Public _Hearing `on the following matter.
PB -90 -023
Applicant:
Request
Mayor & City Commission
AN ORDINANCE OF THE, OF SOUTH MIAMI, FLORIDA
REZONING THE PROPERTY AT 6790 S.W. 57; AVENUE AND..AT-1,'
5757 S.W. 68 'STREET', SOUTH 'MIAMI, FLORIDA LEGALLY
DESCRIBED HEREIN, FROM LO (LOW DENSITY OFFICE) TO=.'
GR ( GENERAL RETAIL). AND AMENDING THE OFFICIAL ZONING'
MAP OF THE CITY OF SOUTH MIAMI TO REFLECT SAID..
CHANGED ZONING_ DESIGNATION
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEOI.NGS9 AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADEt WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286.0105)
'UBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
N PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
IGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD. CONSIDERS IN THE BEST INTEREST FOR
-HE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
.T A FUTURE DATE. INTERESTED. PARTIES REQUESTING INFORMATION ARE ASKED. TO CONTACT THE OFFICE OF THE
TONING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
NQUIRY.
RESOLUTION NO.
i
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A
VARIANCE FROM CHAPTER 4, ART. I, SEC. 4 -2 (a) (1) OF
THE CODE OF ORDINANCES OF HE CITY OF 'SOUTH MIAMI,'
FLORIDA,TOr PERMIT THE-SALE OF ALCOHOLIC BEVERAGES
WITHIN 500 FEET OF RESIDENTIAL PROPERTY; A VARIANCE
FROM CHAPTER 41 ART. I,; SEC. 4 -2 (a) (3) OF THE CODE OF
ORDINANCES TO PERMIT SALE OF ALCOHOLIC BEVERAGES WITHIN
300 FEET OF ANOTHER LICENSED' RESTAURANT; A VARIANCE
FROM CHAPTER. 41 ART. I, SEC. 4 -2 (a) (7) OF THE CODE OF
ORDINANCES TO PERM -IT SIX (6) PARKING SPACES WHERE
NINETEEN (19) PARKING SPACES ARE REQUIRED FOR AN EATING
PLACE; A VARIANCE FROM SEC. 20 -3.4 (B) (4) (c) OF THE
LAND DEVELOPMENT' CODE TO PERMIT AN EATING PLACE AS A
SPECIAL USE WITHIN 300 FEET OF ANOTHER EATING PLACE*
AND A PERMIT FOR A SPECIAL USE UNDER SEC.- 20-3.3 (E)' OF
THE LAND DEVELOPMENT CODE FOR AN EATING PLACE IN AN SR
(SPECIALTY RETAIL) DISTRICT; ALL REQUESTS BY MR.
UDOMSAK- CHAIPRATEEP FROM THE PLANNING BOARD OF THE
CITY OF SOUTH MIAMI,, FLORIDA FOR THE PROPERTY KNOWN AS
5885 S.W. 73rd STREET, SOUTH MIAMI, FLORIDA, AND
LEGALLY DESCRIBED HEREIN
WHEREAS, Mr_ Udomsak Chaiprateep requested the Planning
Board of the ,City of South Miami, as follows:
(1) a variance from Chapter 4, Art. I, Sec. 4 -2 (A) (1) of the
Code of Ordinances of the City of South Miami, Florida to permit
the sale of alcoholic beverages within 500 feet of residential
- property;
(2) a variance from Chapter 4, Art. I, Sec. 4 -2 (A) (3) Of the
Code of Ordinances to permit sale of alcoholic beverages within
300 feet of another licensed restaurant;
(3) ,,,variance from Chapter 4, Art. I, Sec. 4 -2 ('a) (_7) Of the
Code of Ordinances to permit six (6) parking spaces where
nineteen (19) parking spaces are required for an eating place;
(4) a variance from Sec. 20 -3.4 (B) (4) (c) of the Land
Development Code to permit an eating place as a special use
within 300 feet of another eating place; and
(5) a permit for a special use under sec. 20 -3.3 (E) of the Land
Development Code for an eating place in an SR (Specialty Retail)
district;
all requests by Mr. Udomsak Chaiprateep from the Planning Board
5
legally described as follows:
Lots 20, 21, and 22 less the West 26.1 feet
for street, W.A. Larkins Subdivision,
according to the Plat thereof, as recorded in
Plan Book 3 at Page 198 of the Public Records
of Dade County, Florida;
WHEREAS, on August 14, 1990 the Planning Board voted to
approve variance request no. 1 by a 4 1 vote; to approve
variance request no. 2 by a 4 1 vote; to approve variance
request no. 3 by a 3 - 2 vote; to approve variance request no. 4
by a 5 - 0 vote; and to approve permit request no. 5 by 'a 5 - 0
vote; and
WHEREAS, the City Commission Staff Report recommended denial
of all requests;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section l'. That request no. 1 of Mr. Udomsak Chaiprateep,
to permit a variance from Chapter 4, Art. I, Sec. 4 -2 (A) (1) of
the Code of Ordinances of the City of South Miami, Florida to
permit the sale of alcoholic beverages within 500 feet of
residential property for the property known as 5885 S.W. 73rd
Street, South Miami, Florida, be, and the same is, hereby
approved.
Section 2. That request no. 2 of Mr. Udomsak Chaiprateep,
to permit a variance from Chapter 4, Art. I, Sec. 4 -2 (A) (3) Of
the Code of Ordinances to permit sale of alcoholic beverages
within 300 feet of another licensed restaurant for the property
known as 5885 S.W. 73rd Street, South Miami, Florida, be, and
the same is, hereby approved.
2
Section 3. That request no. 3 of Mr. Udomsak Chaiprateep,
4
to permit a variance from Chapter 4, Art I, Sec. 4 -2 (a) (7) Of
the Code of Ordinances to permit six (6) parking spaces where
nineteen (19) parking spaces are required for an eating place for
the property known as 5885 S.W. 73rd Street, South Miami,
Florida, be, and the same is, hereby approved.
Section 4. That request no. 4 of Mr. Udomsak Chaiprateep,
to permit a variance from Sec. 20 -3.4 (H) (4) (c) of the Land
Development Code to permit an eating place as a special use
within 300 feet of another eating place for the property known as
5885 S.W. 73rd Street, South Miami, Florida, be, and the same
is, hereby approved.
Section 5. That request no. 5 of Mr. Udomsak Chaiprateep,
for a special use permit under sec. 20 -3.3 (E) of the Land
Development Code for an eating place in an SR (Specialty Retail)
district for the property known as 5885 S.W. 73rd Street, South
Miami, Florida, be, and the same is, hereby approved.
PASSED AND ADOPTED this - th day of August, 1990
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
3
s
I
Citg of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesdays August 14, 1990, at 7:30 P.M. in the City Commission
Chambers the`___ t of South Miami will
conduct a Public Hearing on the following matter.
PB -90 -019
Applicant: Udomsak Chaiprateep
Request #1: Variance from Chapter 4, Art. I, Section 4 -2 (a)(,1)
YOU AR)$ HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL. ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
°ROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO —
= EEDINGS 15 MADE1 WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL_
'S TO BE BASED. (F. S. 286. 0105)
PUBLIC HEARING WILL BE HELD: IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET ORIVES SOUTH
MIAMI. FLORIDA, AT THE TIME AND DATE STATED I ABOVE.
ALL INTERESTED PARTIES —ARE URGED TO ATTEND. c�gjECTtON3 OR
- -_—/ _. :�. ate°` EXPRESSIONS OF APPROVAL MAY BE MADE
IN PERSON AT THE,H.F.,M$jMG OR FILED WRITINGS°' R19R TO OR ATHE HEgl26NG. r'
rT�irvE BOARD RESERVE5 —TH -E
RIGHT TO RECOMMEND TO THE CtTY °�OMM}SS' i1�HATEVER MHE OARD CONSe,F'SERS IN THE""8" w;TEFa'E�3T FOR
r
THE AREA INVOLVED. THE MOd RDIS � EC MENDAT
tii.l MITER- LL BE HEARD,,..Y -:TYiE CITY 'COMMISSION
��{t�� � /. / _ .
AT A FUT IM DATE. INTERESTED PARTIES REMUESTIklt INFORMATI ARE.:ASKE�T�`CONTACT THE OFjFICE OF THE
ZONING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. R TO HEARING NUMBER.:WHEAKING
Ii�tJtltRy:
of the Code of Ordinances of the City of South Miami
to allow the sale of alcoholic beverages within 500
feet of residential property.
Request #2:
Variance from Chapter 4, Art. I, Section 4 -2 (a)(3)
of the Code of Ordinances of the City of South Miami
to allow the sale of alcoholic beverages within 300
feet of another licensed restaurant, 500 feet of a
bar or lounge, and 500 feet of a nightclub.
Request #3:
Variance from Section 20 -4.4 (B)(7) of the Land:
Development Code to permit 6 parking spaces where'
19 parking spaces are required for an Eating Place.
Request #4:
Variance from Section 20 -3.4 (B)(4)(c), of the Land
Development Code to permit an Eating Place as a
special; use within 300 feet of another Eating Place.
Request #5:
Special Use Permit for an Eating Place in the SR
( Specialty Retail) District, as specified in Section
20 -3.3 (E) of the Land` Development Code.
Legal:
Lots 20, 21 and 22, less the West 26.1 feet for
street, W LARKINS SUBDIVISION according to the
plat thereof as recorded in Plat Book 3 at Page 198
of the Public Records of Dade County, Florida.
Location:
5885 S.W. 73 Street
YOU AR)$ HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL. ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
°ROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO —
= EEDINGS 15 MADE1 WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL_
'S TO BE BASED. (F. S. 286. 0105)
PUBLIC HEARING WILL BE HELD: IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET ORIVES SOUTH
MIAMI. FLORIDA, AT THE TIME AND DATE STATED I ABOVE.
ALL INTERESTED PARTIES —ARE URGED TO ATTEND. c�gjECTtON3 OR
- -_—/ _. :�. ate°` EXPRESSIONS OF APPROVAL MAY BE MADE
IN PERSON AT THE,H.F.,M$jMG OR FILED WRITINGS°' R19R TO OR ATHE HEgl26NG. r'
rT�irvE BOARD RESERVE5 —TH -E
RIGHT TO RECOMMEND TO THE CtTY °�OMM}SS' i1�HATEVER MHE OARD CONSe,F'SERS IN THE""8" w;TEFa'E�3T FOR
r
THE AREA INVOLVED. THE MOd RDIS � EC MENDAT
tii.l MITER- LL BE HEARD,,..Y -:TYiE CITY 'COMMISSION
��{t�� � /. / _ .
AT A FUT IM DATE. INTERESTED PARTIES REMUESTIklt INFORMATI ARE.:ASKE�T�`CONTACT THE OFjFICE OF THE
ZONING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. R TO HEARING NUMBER.:WHEAKING
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Thank: iTL
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Manager
Evienne Inve Tmen7S , .
LAW OFFICES
LAWRENCE J. SCHER
SUITE 870
' I.R.E. FINANCIAL BUILDING
1320 S. DIXIE HIGHWAY
MIAMI, FLORIDA 33146
LAWRENCE J. SCHER
MEMBER OF FLORIDA TELEPHONE)
AND KENTUCKY BARS (303) 284- 0008
7 August 1990
The City of South Miami
ATTN: Commissioners
Planning Board LETTER OF INTENT
6130 Sunset Dr.
South Miami, Florida 33143
To the Commissioners of the Planning Board:
Udomsak Chaiprateep is a client of mine and has requested my
representation regarding the variances needed to open up a new
restaurant in your city at 5885 S.W. 73rd. St. The public hearing
is set for Aug. 14 at 7:30 P.M.
Mr. Chaiprateep has done everything within his knowledge to
effectively bring about the opening of his restaurant which will
have the unique combination of Thai food with a Japanese Sushi Bar.
My client has been in the restaurant business more than 15 years.
He also has the full backing of the landlord, Evienne Investments
Inc., located at 9835 S.W. 72 St., suite ;. #209 Miami Fl. The person
in charge of this deal is Fabrizio'Bali
Attached, please find a copy of the variance requests of my client.
We look forward to the public hearing in front of the planning
board to come to a, resolution of these matters. If there is
anything else which needs being done or explained, please contact
me.
very truly yours,
Lawrence J. Scher, Esq.
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ANALYSIS
The applicant wishes to open a restaurant as a Special Use at
the above address which would require approval of four variances.
In addition, the floor plans as presented do not provide
handicapped access or fire exits as required by the South Florida
Building Code. No occupational license or permit" for construction
will be issued until all South Florida Building Code requirements
are satisfied.
RECOMMENDATION
Staff recommends denial of all requests.
500
STAFF REPORT
PB -90 -019
August 9, 1990
Applicant:
Udomsak Chaiprateep
Request #1:
Variance from Chapter 4, Art. I, Section 4 -2 (a)(1)
of the Code of Ordinances of the City of South Miami
to allow the sale of alcoholic beverages within 500
feet of residential property. 4- �L 1
Request #2:
Variance from Chapter 4, Art. I, Section 4 -2 (a)(3)
of the Code of ordinances of the City of South Miami
to allow the sale of alcoholic beverages within 300
feet of another licensed restaurant, 500 feet of a
bar or lounge, and 500 feet of a nightclub. / f
Request #3:
Variance from Section 20 -4.4 (B)(7) of the Land
Development Code to permit 6 parking spaces where
19 parking spaces are required for an Eating Place.
Request #4:
Variance from Section 20 -3.4 (B)(4)(c) of the Land
Development Code'to permit an Eating Place as a
special use within 300 feet of another Eating Place.
SR
Request #5:
Special Use Permit for an Eating Place in the
(Specialty Retail) District, as specified in Section
20 -3.3 (E) of the Land Development Code.
Location:
5885 S.W. 73 Street
ANALYSIS
The applicant wishes to open a restaurant as a Special Use at
the above address which would require approval of four variances.
In addition, the floor plans as presented do not provide
handicapped access or fire exits as required by the South Florida
Building Code. No occupational license or permit" for construction
will be issued until all South Florida Building Code requirements
are satisfied.
RECOMMENDATION
Staff recommends denial of all requests.
500
M I N U T E S
Planning Board
Tuesday
August 14 1990
Commissioners' Chambers
7 :30 PM
A. Call to-order and the Pledge of Allegiance to the Flag of - the
the United States of America.
B. Roll Call. Present Absent
Larry Ligammare Sharon Jenkins
John Lefley Diana Gonzalez
Manuel Gutierrez, Jr.
Robert Parr
Paul Eisenhart
Also present were: Bill Mackey, Planner and Pat DeLisa, Board
Secretary. City Attorney Martin Berg arrived at 8 :20 PM.
Chairman Ligammare and the Board welcomed Mr. Eisenhart.
C. The Minutes of July 31, 1990 were approved with one
correction. Motion made by Mr. Parr with a second by Mr.Gutierrev,r
D. Public Hearing.
PEL'r.90 -019
Applicant: Udomsak Chaiprateep
Request #1: Variance from Chapter 4, Arta I, Section 4 -2 (a)(1)
of the Code of Ordinances of the City of South Miami
to allow the sale of alcoholic beverages within 500
feet of residential property.
Request #2: Variance from Chapter 4, Art. I, Section 4 -2 (a)(3)
of the Code of Ordinances of the City of South Miami
to allow the sale of alcoholic beverages within '300
feet of another licensed restaurant, 500 feet of a
bar or lounge, and 500 feet of a nightclub.
Request #3: Variance from Section 20 -4.4 (B)(7) of the Land
Development Code to permit 6 parking spaces where
19 parking spaces are required for an Eating Place.
Request #4 Variance from Section 20 -3 4 (B)(4)(c) of the Land
Development Code to permit an Eating Place as a
special use within 300 feet of another Eating Place.
Request #5: Special Use Permit for an Eating Place in the SR
(Specialty Retail) District, as specified in Section
20 -3.3 (E) of the Land Development Code.
Legal: Lots 20, 21 and 22, Tess the West 26.1 feet for
street, W A LARKINS SUBDIVISION according to the
plat thereof as recorded in Plat Book 3 at Page 198
of the Public Records of Dade County, Florida.
Location: 5885 S.W. 73 Street
Attorney Lawrence Scher signed in to represent Mr. Chaiprateep.
Mr. Fabrizio Balli, representing the landlord, and Mr. Chaiprateep
also signed in. This is a proposed Thai /Japanese Sushi Bar
combination, sit -down restaurant. The subject of parking was
addressed by the Board as a major issue. The request is to reduce
the required 19 parking spaces to 6 Mr. Mackey stated that the
variance is based on the square footage of the actual leasable
space It is located in a complex which has _a total of 32 spaces
but, by the City's Code, if it were a retail space as it is now,
it would require one to 300 so that six spaces are allotted for
this part of the building. These are not six designated spaces,
all the businesses will make use of all the 32 spaces. Mr. Balli
stated that of all the businesses in the complex, this would be the
only one attracting traffic after five or six in the evening Any
additional parking needed will make use of City meters and City
parking in the area.
There being no one else to speak for this application, nor anyone
to speak against, the Public Hearing was closed and a staff report
requested. Mr. Mackey stated that, following the City's Code of
ordinances, Staff recommends denial of all requests inasmuch as
the proposed restaurant could not be implemented without the
variances.
As regards State regulations pertaining to the distance between
establishments selling alcoholic beverages, Mr. Mackey stated his
belief that these regulations are no longer in effect in the State
of Florida. Mr. Gutierrez questioned allowing another restaurant
selling alcoholic beverages within that immediate area He stated
that a variety of restaurants in a close proximity would bring more
people into the downtown area, which would be desirable. A limit
on the number of such businesses saturating the available parking
would eventually be reached. It would be up to the City to monitor
this issue.
Chairman Ligammare called for a vote, addressing each request
individually and that when making the motion, include the
stipulation that the floor plans are to be modified to accommodate
handicap access, which has been omitted. However; Mr. Gutierrez
made a motion to approve all five requests with the stipulation
that parking is not to be assigned. Seconded by Mr. Parr.
PB Minutes 2 8 -14 -90
Vote Approved: 2 Opposed: 3
(Lefley)
(Eisenhart)`
(Ligammare)
Mr. Mackey stated that, inasmuch as the motion failed, it is
necessary to make a motion.
Mr. Ligammare asked for a motion to deny. Mr'. Eisenhart made. ,a
motion to act on each request individually. Mr. Lefley seconde&.
Vote Approved 5 Opposed: 0
Request #1. Motion to deny made be Mr. Lefley. Motion died for-
lack of a second._ Motion to approve made by Mr. Gutierrez. MY'
Parr seconded.
Vote: Approved: 4 Opposed: 1
(Lefley)
Rgquest #2: Motion to approve made by Mr. Gutierrez. Seconded
by Mr. Parr.
Vote: Approved: 4 Opposed: 1
(Lefley)
Request #3. Motion to approve with the recommendation that the
parking lot spaces will be unassigned. Seconded by " Mr. ,Parr.
Vote: Approved: 3 Opposed: 2
(Eisenhart)
(Lefley)
Revuest #4. Motion to approve made by Mr. Gutierrez. Seconded
by Mr. parr.
Vote: Approved: 5 Opposed: 0
Request #5. Motion to approve made by Mr. Gutierrez. Seconded
by Mr. Parr.
Vote: Approved: 5 Opposed: 0
PB Minutes 3 8 -14 -90
City of South Miami
NOTICE OF PUBLIC HEARING
On Tuesday, September 4, 1990, at 7:30 P.M. in the City Commission
Chambers, the City Commission of the City of South Miami' will
conduct a Public Hearing on the following matter.
PB -90 -019
Applicant:
Udomsak Chaiprateep
Request #1:
Variance from Chapter 4, Art. I, Section 4 -2 (a)(1)
of the Code of Ordinances of the City of South Miami
to allow the sale of alcoholic beverages within 500
feet of residential property.
Request #2:
Variance from Chapter 4, Art. I, Section 4 -2 (a)(3)
of the Code of Ordinances of the City of South Miami
to allow the sale of alcoholic beverages within 300
feet of another licensed restaurant, 500 feet of a
bar or lounge, and 500 feet of a nightclub.
Request #3:
Variance from Section 20 -4.4 (B)(7) of the Land
Development Code to permit 6 parking spaces where
19 parking spaces are required for an Eating Place.
Request #4:
Variance from Section 20 -3.4 (B)(4)(c) of the Land
Development Code to permit an Eating Place as a
special use within 300 feet of another Eating Place.
Request #5:
Special Use Permit for an Eating Place in the SR
(Specialty Retail) District, as specified in Section
20 -3.3 (E) of the Land Development Code.
Legal:
Lots 20, 21 and 22, less the West 26.1 feet for
street, W A LARKINS SUBDIVISION according to the
plat thereof as recorded in Plat Book 3 at Page 198
of the Public Records of Dade County, Florida.
Location:
5885 S.W. 73 Street
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED .ATTHIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT AVERBATI.M RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286.0105)
PU13LIC.HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL,..6130 SUNSET DRIVE, SOUTH
MI6,MWC!RIDA, AT THE TIME AND DATE STATED ABOVE.
r
r
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
:ITY OF SOUTH MIAMI, FLORIDA SUPPORTING A MAJOR LEAGUE
3ASEBALL FRANCHISE IN DADS COUNTY, FLORIDA
WHEREAS, the Chambers of Commerce, the Dade League of Cities
and the Board of Metropolitan Dade Countv Commissioners have
:eretofore informed owners of Major League Baseball teams and the
_ommissioner of Baseball that they desire to support an expansion
ranchise for baseball at a site in Dade County, Florida;
WHEREAS, South Florida has long been part of the "Grapefruit
veaQUe" as the spring training home for many Major League
jaseball teams and presently is an avid- supporter of both
professional football and a football franchises;
WHEREAS, the demoaraohics of Dade County include
_nnroximately two million people within Countv boundaries,
almost 662,000 people within the ages 20 to 44, and a population
=-xceedina 4.1 million people when combined with Broward and Palm
each Countie s: and
WHEREAS. the chambers of Commerce, the Dade League of
_;ties, and Metropolitan Dade County have appropriate authority
7o enter into a long term working agreement with Major League
,aseball and have permissive legislation that will effect the
_ability of a franchise.
_IOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
'!MISSIGiI OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That the City of South Miami, Florida joins the
ambers of Commerce, the Dade League of Cities, and Metr000litan
-ade County n heartily = uDOOrtinQ -he exoansion effort of the
,t_o�al =eaQUe ana encouraaina the baseball owners and the
",mmissioner of Baseball to establish an major league exAansion
=rchise within Dade County, Florida.
AV
r
PASSED AND ADOPTED this th day of September, _990.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
=EAD AND APPROVED AS TO FORM:
ITY ATTORNEY
RESOLUTION N0.
F
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
'ITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
ADMINISTRATION TO ENTER A CONTRACT WITH WILLIE "TOMPKINS
FOR THE OPERATION OF 'A CONCESSION STAND AT SOUTH MIAMI
FIELD
WHEREAS, the City of South Miami Department of Recreation
ooerates a football program for the _youth of the City at South
Miami Field during the months of September, October, and
November:
WHEREAS, there presently exists a concession stand at South
Miami Field equipped for the sale of soft drinks and snacks;
WHEREAS,. the City does not have the manpower to operate the
concession stand and an operating concession stand would be a
desirable adjunct to the Recreation Department's football
roaram: and
WHEREAS, Willie Tompkins has offered to run the concession
stand upon a responsible basis, including obtaining $ 500,000.00
.nsurance, payment of 5 200.00 per month rent, and payment of an
additional 5 25.00 per month toward electricity;
NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 The Administration of the City of South Miami
_e and hereby authorized to enter into a contract with
e - -,mnkins for the operation of a concession stand at South
-__ld or the months c)f September, October, and November,
-990 upon a responsible basis including obtaining $ 500,000.00
_nsurance, payment of $ 200.00 per month rent, and payment of an
-additional s 25.00 per month toward electricity.
7
ATTEST:
iTY CLERK
BEAD AND APPROVED AS TO FORM:
ITY ATTORNEY
RESOLUTION NO.
M
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY_ OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO OBTAIN BIDS FOR THE COLLECTION AND PROPER
DISPOSAL OF PLASTIC' REFUSE FROM A CENTRAL COLLECTION
POINT IN SOUTH MIAMI AS AN ADDITION TO THE RECYCLING
PROGRAM OF THE CITY
WHEREAS, the City of South Miami was among the first
municipalities in Dade Countv to initiate a recycling program and
presently collects both glass and aluminum refuse from single
family residences and townhouses in the City;
WHEREAS, the Mayor and City Commission recognize the large
- ercentage of refuse, whether oackagina or other, made of
plastic, and wish to expand the City of South Miami Recycling
?roaram to include the collection of plastic refuse;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
`2-',MMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Citv Manager is authorized to obtain
rids for the collection and proper disposal of plastic refuse
:_om a central collection point in the City.
PASSED AND ADOPTED this
'''-'E'ST .
_'^Y CLERK
-.EAD AND APPROVED AS TO FORM:
.11TV ATTORNEY
8
th day of September, 1990
APPROVED:
MAYOR