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City of Miami
PZAB Resolution
Enactment Number: PZAB-R-21-002
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 8376 Final Action Date: 1/20/2021
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH
CONDITIONS, AS MODIFIED, OF 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, WITH CITY COMMISSION APPROVAL, 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, WITH THE NEIGHBORHOOD
REVITALIZATION DISTRICT 1 (NRD-1) OVERLAY, LOCATED AT
APPROXIMATELY 239 NORTHWEST 29 STREET, SUITE 10, (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" ("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 consisting of approximately 8,285 square feet of the Property,
which is zoned "75-0", Urban Center Transect Zone — Open, at 239 Northwest 29 Street, Suite
110, as depicted in the Site Plan and as described herein; and
WHEREAS, the Applicant applied to the City of Miami ("City") 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, with City Commission
approval, an Alcohol Service 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 (NET) Area;
WHEREAS, the Property is designated "General Commercial' pursuant to the Future
Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
City of Miami Page 1 of 4 File ID: 8376 (Revision:) Printed On: 211012021
WHEREAS, the Property is in the NRD-1; 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 -
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 239 Northwest 28
Street, Suite 110, of the Property 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 Alcohol Service
Establishment (the "Establishment"); and
WHEREAS, the Establishment will operate with a State of 4-COP Quota alcohol license;
and
WHEREAS, pursuant to Article 6, Table 13 of Miami 21, "[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, as 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 City's Planning Department, through its analysis, finds the Exception
request to allow the 8,285 square foot Alcohol Service Establishment to be consistent with the
goals of the Miami 21 Code and the MCNP with conditions; and
WHEREAS, the City's 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") has considered the
goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the
City; and
WHEREAS, the PZAB disagreed with two (2) of the conditions as recommended by the
City's Planning Department, specifically that 1) the Establishment be closed during school hours
pursuant to Chapter 4, Section 4-5 of the City Code and that 2) the Exception be limited to the
Applicant, Bottled Blonde Miami LLC, or owner, Thor Wynwood Walk Owner LLC and any other
entity must be approved by the City's Planning Department and may require a new Exception;
and
WHEREAS, the PZAB finds that the applicable requirements of the Miami 21 Code have
been met with the conditions as stated in Section 2 herein; and
City of Miami Page 2 of 4 File ID: 8376 (Revision:) Printed On: 2111012021
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 recommend approval with conditions of the
requested Exception;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD 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 PZAB hereby recommends approval to the City Commission of 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:
This Exception has been approved for an Alcohol Service Establishment with 8,285
square feet of floor area with a total capacity of 352.
2. The Applicant, owner, and successor shall maintain all areas in compliance with ADA
separation requirements. A minimum of 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.
3. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical
instruments or any other musical devices on or about the premises between the hours of
11 p.m. and 7 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.
4. The Alcohol Service Establishment shall be limited to the following hours of operation:
11:00 am to 3:00 am Monday through Saturday, 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.
5. Any noise generated onsite shall conform to Chapter 36 of the City Code noise
regulation.
6. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.
7. Per Chapter 4 of the City Code, no loitering or drinking outside of the Establishment shall
be permitted at any time.
8. Signage shall be processed under separate permit in accordance with Article 10 of Miami
21.
9. The Applicant, owner, and successor shall comply with the requirements of all applicable
departments/agencies as part of the City of Miami building permit submittal process.
City of Miami Page 3 of 4 File ID: 8376 (Revision:) Printed On: 2/10/2021
10. 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.
11. The Applicant, owner, and successor shall meet all conditions applicable local, state,
and federal regulations.
12. Any modifications to the approved plans as a result or consequence of the Applicant's
compliance with other departments and/or 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.
13. Pursuant to the Miami 21 Code, Section 7.1.2.6(e) "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."
14. Failure to comply with the conditions herein may result in the revocation of this Permit
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 Re ration shall be effective immediately upon its adoption.
4sar M. arcia-Pons, AICP, LEED AP Execution Date 1�L
Director
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority,EM,14%'k- LC�, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS \V DAY OF FEftU& , 202j.
LA zA&0•VA-JV JeL t rpm
Print Notary Name No ublic State of Norida
Personally know_ 'C or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath "1^°
't11:_iry Public State of Florida
L:!a.�ro-DanielOrta
b 4• Iv',j G,Ommission HH 042203
Expi(es011/03/2025
City of Miami Page 4 of 4 File ID: 8376 (Revision:) Printed On: 211012021
EDIT
LEGAL )DESCRIPTION
Legal:
Lot 1, less the East 1.0 feet thereof; and all of Lots 2, 3 and 4, in Block 19, of NORTHERN
BOULEVARD TRACT, according to the Plat thereof, as recorded in PlatBook2, Page 29, of
the Public Records of Nfiami-Dade County,, Florida
TOGETHER WITH.
Lots 1.8, 19 and. 20, less the South 9.90 feet thereof, and all of Lots 21, 22, d. 23, Lot s an d 24 an, � leg
the East 5 feet thereof and less the West 5 feet of the East 10 feet of the North 45 feet, in Block
18, of NORTIMFN BOULEVARD TRACT,, according to the Plat thereof, as recorded in Nat
Book 2, Page 29, of the Public Records of Nami-Dade County, Florida.
LESS AND EXCEPT TFIE FOLLOWING:
The South 10 feet of Lots 21, 22, 23 and 24, TOGETHER WITH the
West 5 feet of the East 10 feet, LESS 'the South 10 feet and LESS
the North 45 feet thereof, of said Lot 24, TOGETHER WITH the
ekternot area of (3 circular curve lying within sold Lot 24, socurve—
being urve—
being cortcove to the Northwest an"d'having a radius of 25 feet and
being tangent to a line lying 10 feet West of and parallel with the
East line of sold Lot,24 and being tangent to a line that~ ties 10 feet
North of and parallel with the South line of said Lot 24, all in Block
18, of "NORTHERN BOULEVARD TRACT", according to the Plat thereof,
as recorded in Plat Book 2, at Page 29, of the Public Records of
Miami —Dade County, Florida.
TOGETHER WITH:
The external area of a ctrculor curve lying within Lot 1, in Block 18,
of "NORTHERN BOULEVARD TRACT", according to the Plat thereof, as
recorded in Plot Book 2,, at Page 29, of the Public Records of
Mi'arni—Dode County, Florida. said curve being concove 'to the
Southwest and having a radius of 10 feet and being tangent to the
North line of said Lot 1, in Block 18 and being tangent to a line that
lie$ 10 feet West of and parallel with the East line of sold Lot 1-
Also known as:
239 NW 28 ST; 329 NW 28 ST; 2800 NW 2AYE; 2812 NW 2 AVE
2818 NW 2 AVE; 2838 NW 2 AVE; and 230 NW 29 ST.
Folio Number: 01 -3125-024-3040