HomeMy WebLinkAboutR-21-0130City of Miami
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Legislation
Resolution: R-21-0130
File Number: 8524
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/25/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, WITH CONDITIONS, AN EXCEPTION PURSUANT TO ARTICLE
6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, AND CHAPTER 4, SECTIONS 4-5 AND 4-7(C) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN ALCOHOL
SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET IN THE
WYNWOOD CAFE SPECIALTY DISTRICT ON REAL PROPERTY
DESIGNATED AS "75-0", URBAN CENTER TRANSECT ZONE — OPEN, AND
"76-8-0", URBAN CORE TRANSECT ZONE — OPEN, WITHIN THE
NEIGHBORHOOD REVITALIZATION DISTRICT 1 OVERLAY, LOCATED AT
APPROXIMATELY 239 NORTHWEST 29 STREET, SUITE 110 (2838
NORTHWEST 2 AVENUE) MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 239 Northwest 29 Street, Suite 110,
Miami, Florida is a part of the property located at 2838 Northwest 2 Avenue, Miami, Florida, as
more particularly described in Exhibit "A," attached and incorporated ("Property"), which is
zoned 75-0", Urban Center Transect Zone — Open, and 76-8-0", Urban Core Transect Zone —
Open, with the Wynwood Neighborhood Revitalization District — 1 ("NRD-1") Overlay; and
WHEREAS, Bottled Blonde Miami, LLC ("Applicant") requests an Exception to allow an
Alcohol Service Establishment ("Establishment") consisting of approximately 8,285 square feet
on the Property as depicted in the Site Plan and as described herein; and
WHEREAS, the Applicant applied for an Exception pursuant to Article 6, Table 13 of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"), and Chapter 4, Section 4-5 and Section 4-7(c) of the Code of the City of Miami,
Florida, as amended ("City Code"), to permit an Establishment in excess of 5,000 square feet in
the Wynwood Cafe Specialty District; and
WHEREAS, the Property is approximately 75,144 square feet in size (1.725 acres) and
is located in the Wynwood/Edgewater Neighborhood Enhancement Team Area; and
WHEREAS, the Property is designated "General Commercial' on the Future Land Use
Map of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, pursuant to Chapter 4 of the City Code, the Property is located within the
Wynwood Cafe Specialty District, which was established to promote investment and activate the
NRD-1 outside of normal business hours; and
City of Miami Page 1 of 5 File ID: 8524 (Revision: A) Printed On: 41612021
File ID: 8524 Enactment Number: R-21-0130
WHEREAS, the Property is developed as part of Wynwood Walk and consists of four (4)
structures; and
WHEREAS, the Applicant seeks to redevelop the tenant space at the Property within the
structure that occupies Lots 1, 2, and 3 in Block 18 of the "NORTHERN BOULEVARD TRACT",
as depicted in the Site Plan, with an Establishment; and
WHEREAS, the Establishment will operate with a State of Florida 4-COP Quota alcohol
license; and
WHEREAS, pursuant to Article 6, Table 13 of the Miami 21 Code, "[e]stablishments
occupying more than 5,000 square feet of Floor Area shall require an Exception with approval
by the City Commission"; and
WHEREAS, the Establishment will occupy 8,285 square feet of Floor Area; and
WHEREAS, the Applicant has submitted the necessary information that demonstrates
compliance with the guidelines and criteria required for the Exception specified in Chapter 4,
Section 4-7(c) of the City Code, which focuses on, but is not limited to, parking, security, traffic,
sanitation, noise attenuation, proximity to residential uses, etc. and is considered an official part
of this file on record with the Planning Department; and
WHEREAS, the Planning Department finds the Exception request to allow the 8,285
square foot Establishment is consistent with the goals of the Miami 21 Code and the MCNP,
with conditions; and
WHEREAS, the Planning Department recommends approval, with conditions, pursuant
to Article 7, Section 7.1.2.6 of the Miami 21 Code; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
January 20, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-
002 by a vote of eight to one (8-1), Item No. PZAB.9, recommending approval, with conditions,
of the Exception with the following modifications: 1) removal of the Planning Department's
recommended condition that the Establishment be closed during school hours pursuant to
Chapter 4, Section 4-5 of the City Code and 2) removal of the Planning Department's
recommended condition that the Exception be limited to the Applicant or owner, Thor Wynwood
Walk Owner LLC, and that any other entity must be approved by the Planning Department and
may require a new Exception; and
WHEREAS, Section 4-5 of the City Code provides that such Establishments be closed
during school hours; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other regulations of the City of Miami ("City"); and
WHEREAS, the City Commission finds that the two (2) conditions as recommended by
the Planning Department and removed by PZAB are appropriate and should be reinstated as
conditions: )Planning Department's recommended condition that the Establishment be
closed during school hours pursuant to Chapter 4, Section 4-5 of the City Code and 2)
Planning Department's recommended condition that the Exception be limited to the
City of Miami Page 2 of 5 File ID: 8524 (Revision: A) Printed on: 41612021
File ID: 8524
Enactment Number: R-21-0130
Applicant or owner, Thor Wynwood Walk Owner LLC, and that any other entity must be
approved by the Planning Department and may require a new Exception; and
WHEREAS, the City Commission finds that the applicable requirements of the Miami 21
Code have been met with the conditions as stated in Section 2 herein; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve, with conditions, the requested
Exception;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves the Exception pursuant to Article 6, Table 13
and Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter 4 of the City Code with the
following conditions:
1. This Exception has been approved for an Establishment with 8,285 square feet
of Floor Area and a total capacity of 352.
2. The Establishment shall be developed in accordance with the plans and
supporting documents with the e-Plan stamp for Exception No. PZ-20-6099.
3. The Applicant, owner, and successor shall maintain all areas in compliance with
the Americans with Disabilities Act's ("ADA") separation requirements. A minimum 3-feet
clearance between tables for pedestrian circulation on all pedestrian pathways including
the ADA accessible route as well as a 1.5-feet minimum allowance between furniture
(i.e. pulled away from table when occupied) and obstructions (walls) is required.
4. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical
instruments, or any other musical devices on or about the Property between the hours of
11:00 p.m. and 7:00 a.m. the following day, unless said music devices are played or
operated in a closed building and the sound is not audible from the outside of the
building so as to disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or
other type of residence.
5. The Establishment shall be limited to the following hours of operation: 11:00 a.m.
to 3:00 a.m. Monday through Saturday and 12:00 p.m. to 3:00 a.m. Sunday. An
extension of hours beyond these hours of operation shall require a new Exception with
approval by the City Commission.
6. Pursuant to Chapter 4, Section 4-5 of the City Code, the Establishment shall be
closed during school hours.
7. Any noise generated onsite shall conform to the noise regulations found in
Chapter 36 of the City Code.
City of Miami Page 3 of 5 File ID: 8524 (Revision: A) Printed on: 41612021
File ID: 8524
Enactment Number: R-21-0130
8. Any concerns or complaints related to noise nuisances will be addressed and
resolved immediately.
9. Pursuant to Chapter 4 of the City Code, no loitering or drinking outside of the
Establishment shall be permitted at any time.
10. This Exception is limited to the Applicant, Bottled Blonde Miami, LLC, or owner,
Thor Wynwood Walk Owner LLC. Any other entity must be approved by the Planning
Department and may require a new Exception.
11. Signage shall be processed under separate permit in accordance with Article 10
of the Miami 21 Code.
12. The Applicant, owner, and successor shall comply with the requirements of all
applicable departments/agencies as part of the City's building permit process.
13. The Applicant, owner, and successor must meet all applicable building codes,
land development regulations, ordinances, and other laws and pay all applicable fees
due prior to the issuance of any building permit.
14. The Applicant, owner, and successor shall meet all conditions required by any
local, state, and federal regulations.
15. Any modifications to the approved plans as a result or consequence of the
Applicant's compliance with other departments, agencies, and/or codes shall require a
new review for approval confirmation from the Planning Director in accordance with
Article 7 of the Miami 21 Code.
16. Pursuant to the Section 7.1.2.6(e) of the Miami 21 Code, "an Exception shall be
valid for a period of two years during which a building permit or Certificate of Use must
be obtained. This excludes a demolition or landscape permit. A one-time extension, for a
period not to exceed an additional year, may be obtained if approved by the Planning
Director."
17. Failure to comply with the conditions herein may result in the revocation of this
Exception and the Applicant, owner, and successor shall be subject to any fines and
penalties pursuant to the City Code.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall be effective immediately upon its adoption and signature
of the Mayor.'
l This Resolution shall become effective as specified herein unless vetoed by the Mayor within
ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission or upon
the effective date stated herein, whichever is later.
City of Miami Page 4 of 5 File ID: 8524 (Revision: A) Printed on: 41612021
File ID: 8524
Enactment Number: R-21-0130
APPROVED AS TO FORM AND CORRECTNESS:
1
ria i dez, C oty Attor iey 4/2/2021
City of Miami Page 5 of 5 File ID: 8524 (Revision: A) Printed on: 41612021