HomeMy WebLinkAboutAnalysis and MapsNOTICE
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EXCEPTION
Staff Analysis Report No.
PZ-20-6099
Location
2838 Northwest 2 Avenue
Folio Number
0131250243040
Miami 21 Transect
"75-0", Urban Center Transect Zone — Open
"76-8-0", Urban Core Transect Zone — Open
Specific Designation
"NDR-1 ", Neighborhood Revitalization District — 1 W nwood
MCNP Designation
General Commercial
Commission District
5(City Commissioner Jeffrey Watson
NET District
10 W nwood/Ed ewater
Planner
Vickie Toranzo, Planner II
vtoranzo miami ov.com
Property Owner
Thor W nwood Walk Owner LLC
Applicant
Bottled Blonde Miami, LLC
Project Representative
Ian G. Bacheikov, Esq.
ian.bacheikov akerman.com
A. REQUEST
Pursuant to Miami 21 Code, Article 6, Table 13, "Supplemental Regulations" and Article 7,
Section 7.1.2.6 "Exceptions"of Ordinance 13114 ("Miami 21"), as amended, and per Chapter
4, Section 4-7 of the City Code of Ordinances, as amended, Bottled Blonde Miami, LLC (the
"Applicant") is requesting an Exception for an Alcohol Service Establishment exceeding 5,000
square feet located at 2838 Northwest 2 Avenue, Miami, Florida.
B. RECOMMENDATION
Pursuant to Miami 21 Code, Article 6, Table 13, and Article 7, Section 7.1.2.6 of Ordinance
13114 ("Miami 21"), as amended, and per Chapter 4, Section 4-7 of the City Code of
Ordinances, as amended, the Planning Department recommends Approval with Conditions
of an Exception for an Alcohol Service Establishment exceeding 5,000 square feet based
upon the facts and findings in this staff report.
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 1
NOTICE
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C. PROJECT DATA
SURROUNDING
USES
Miami 21
MCNP / Density
Existing Use
"CI"
Major Public Facility
Transportation -Utilities,
North
"T6-8-O " and NRD 1
General Commercial
Institutional, and
Industrial
South
75-0" and NRD-1
General Commercial
Commercial and
Industrial
East
"T6-8-O" and NRD 1
General Commercial
Commercial and
75-0" and NRD-1
Industrial
West
76-8-0" and NRD 1
General Commercial
Industrial
75-0" and NRD-1
D. BACKGROUNC'
The subject area is generally located at 2838 Northwest 2 Avenue and consists of
approximately 75,144 square feet (1.725 acres) of land. The site is developed with four
existing structures and is collectively known as Wynwood Walk (the "Development"). The site
is located within the 75-0" Urban Center Transect Zone and 76-8-0" Urban Core Transect
Zone, and Neighborhood Revitalization District — 1. Pursuant to Chapter 4, Exhibit J of the
City Code, the site is located in the Wynwood Caf6 Specialty District.
The structure that is subject to this application is approximately 8,285 square feet and is
located on the southwest corner of Northwest 2 Avenue and Northwest 29 Street.
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 2
NOTICE
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In azcorbanm whh tlmelln1 set forth in the City M
Miami Cone. The aPpUm ile dmiWon-making bony will
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AERIAL
EPLAN ID: PZ-20-6099
EXCEPTION
ADDRESSES: 2838 NW 2 AV
IO Subject Property
0 125 250 500 Feet
Figure1: Aerial of subject site
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 3
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NEIGHBORHOOD REVITALIZATION DISTRICT
EPLAN ID PZ-20-6099
EXCEPTION
N ADDRESS: 2838 NW 2AV
Q Subject Property
125 250 500 Feet m Neighborhood Revitalization 6lstrlct
Figure 2: Overlay District Diagram
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 4
Bottled Blonde at Wynwood Walk Proposal
SCALE: 1= = 1'-b'
—t—r —
NW 29th STREET
Figure 3: Site Location Plan
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Through the City's Exception process, and in accordance with Article 6, Table 13 of Miami
21,the Applicant seeks to adaptively reuse the tenant space at 2838 Northwest 2 Avenue
that is located on lots 1, 2, and 3 in block 18 of "NORTHERN BOULEVARD TRACT" for an
Alcohol Service Establishment (the "Establishment") and part of the Development Project.
The Establishment will occupy 8,285 square feet of floor area. The Establishment will
operate with a State 4-COP Quota alcohol license. There are two dining areas, each with it's
own bar, and there are a total of 203 seats.
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 5
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E. ANALYSIS
Miami Comprehensive Neighborhood Plan (MCNP'
The Miami Comprehensive Neighborhood Plan (MCNP) Future Land Use Map (FLUM)
designates the site of the project as General Commercial. Areas designated as "General
Commercial" allow all activities included in the "Restricted Commercial" designations. These
uses include commercial activities that generally serve the daily retailing and service needs
of the public, typically requiring easy access by personal auto, and often located along arterial
or collector roadways, which include: general retailing, personal and professional services,
real estate, banking and other financial services, restaurants, saloons and cafes, general
entertainment facilities, private clubs and recreation facilities, major sports and exhibition or
entertainment facilities and other commercial activities whose scale and land use impacts are
similar in nature to those uses described above.
The proposed Exception in this application to allow Commercial Use (Alcohol Service
Establishment) are aligned with "Objective LU-1.2: Promote, facilitate, and catalyze the
redevelopment and revitalization of blighted, declining or threatened residential, commercial
and industrial areas through a variety of public, private, and public -private redevelopment
initiatives and revitalization programs including, where appropriate, historic designations." The
proposed Commercial Use (Alcohol Service Establishment) is consistent with the objective of
encouraging the redevelopment and revitalization of blighted, declining or threatened
residential, commercial, and industrial areas outlined in the Miami Comprehensive
Neighborhood Plan.
Exception
Request Exception pursuant to Article 6, Table 13 Supplemental Regulations of Miami 21
Code, as amended, and Chapter 4, Section 4-5 and Section 4-7(c) of the City Code of
Ordinances, as amended, to permit, with City Commission approval, an Alcohol Service
Establishment in excess of 5,000 square feet of Floor Area.
Pursuant Chapter 4 Section 4-7(c) - "all Alcohol Service Establishment that require an
Exception shall be subject to approval by the PZAB, and when required, final approval by City
Commission. Alcohol Service Establishment requesting extensions of hours of operations or
variance from distance requirements shall only be permitted by process of Exception with final
approval by the City Commission.
In determining the appropriateness of such request, the PZAB and the City Commission, as
applicable, shall take into consideration the recommendation of the Department of Planning
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 6
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based on the following materials to be submitted by the Applicant as criteria as well as the
criteria listed in the Miami 21 Code:
• Criteria 1:
An operational/business plan that addresses hours of operation, number of
employees, menu items, business goals, and other operational characteristics
pertinent to the application.
Analysis 1: The Applicant provided an operational plan containing number of
employees, menu items, business goals, and other operational characteristics.
• Finding 1: Complies
• Criteria 2:
A parking plan which fully describes where and how the parking is to be provided and
utilized, e.g., valet, self -park, shared parking, after -hour metered spaces, and the
manner in which the parking is to be managed. The City Commission or the PZAB, as
applicable, may grant approval for one hundred percent (100%) of the required parking
to be located offsite within a distance of six hundred feet (600) from the subject Alcohol
Service Establishment if the proposed parking is to be "self -park" and a distance of
one thousand feet (1,000) from the subject Alcohol Service Establishment if the
proposed parking is to be by "valet."
• Analysis 2:
The Establishment is located within the Project. On October 19, 2017, Warrant Final
Decision 2017-0044, pursuant to Appendix J, Table 2, was issued which allowed for a
30% parking reduction because the project is located within a '/4 mile of a Transect
Corridor. Per a letter of the Miami Parking Authority, dated June 22, 2017, they verified
that the project had 30 on -street parking spaces for use by customers. On February
11, 2019, the Planning Department issued a Permanent Off Street Parking Certificate
of Waiver, pursuant to Chapter 35 Article V of the City of Miami Code of Ordinances,
as amended, for 13 parking spaces.
• Finding 2:
Complies
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 7
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• Criteria 3:
Alcohol Service Establishment proposing capacities over three hundred (300)
persons, an indoor/outdoor crowd control plan that addresses how large groups of
people waiting to gain entry into the Alcohol Beverage Service Establishment with a
4COP Quota alcohol beverage license and already on the premises will be controlled.
• Analysis 3:
The Establishment proposes a capacity of 352 patrons. In connection with a crowd
control and security plan, the Applicant's security personnel and staff will: Require
proper identification; Keep alcohol from leaving the premises; Keep an accurate
count of patrons entering the building so as to not exceed capacity; Set up a rope line
to ensure crowd management and keep the exit clear when at or nearing
capacity; Ensure that walkways are clean and clear and the exits are not obstructed
and maintained clear at all times; Identify overly intoxicated patrons and refuse entry
at the door; Escort overly intoxicated persons to a cab or release to
family/friends; Receive training in and be able to deescalate any situation that may
result in an altercation; Maintain awareness of surroundings and inform management
of any property damage immediately; Ensure rapid response in case of emergency
by equipping security and management with radio headsets; Provide proper attire with
identification to security personnel so that patrons and law enforcement my easily and
quickly identify them; and enforce a strict dress code.
• Finding 3:
Complies
• Criteria 4:
A security plan for the Alcohol Service Establishment and any parking facility.
• Analysis 4:
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 8
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The Applicant will provide and monitor security cameras that will afford coverage of
the entire venue. For security personnel, during peak hours there will be a security
guard checking identification at the front door. Additionally, the Applicant's staff will
check identification to enforce patron age restrictions and maintain overall control.
• Finding 4:
Complies
• Criteria 5:
For Alcohol Service Establishment proposing capacities over three hundred (300)
persons, a traffic study and traffic circulation analysis and plan that details the impact
of projected traffic on the immediate neighborhood and how this impact is to be
mitigated.
• Analysis 5:
The Establishment proposes a capacity of 352. A Traffic Study and Traffic Circulation
Analysis, dated March 3, 2020, was provided and verified by the Office of Capital
Improvement's Transportation Division.
• Finding 5:
Complies
• Criteria 6:
A sanitation plan which addresses on -site facilities as well as off -premises issues
resulting from the operation of the Alcohol Service Establishment.
• Analysis 6:
The Applicant has contracted with a sanitation removal company for the removal of
waste daily. Additionally, staff keeps the premises and trash area clean. There will be
one large enclosed trash room. Additionally, staff will maintain the surrounding area
clean.
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 9
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• Finding 6:
Complies
• Criteria 7:
Proximity of the proposed Alcohol Service Establishment to Districts - Residential.
• Analysis 7:
The closest residential district and residential use is approximately eight hundred
(800') from the Property.
• Finding 7:
Complies
• Criteria 8:
If the proposed Alcohol Service Establishment is within two hundred feet (200) of any
residential use, a noise attenuation plan that addresses how noise will be controlled
shall be required, especially in the case of indoor/outdoor uses."
• Analysis 8:
There is no residential use within 200' of the Property.
• Finding 8:
Complies
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 10
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F. NEIGHBORHOOD SERVICE
Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the Planning Department has
made referrals to the agencies below:
• Office of Zoning
• Wynwood/Edgewater Neighborhood Enhancement Team ("NET") Office
• Office of Code Compliance
• Wynwood Design Review Committee
• Urban Design Division — Planning Department
• Transportation Division — Office of Capital Improvements
• Department of Solid Waste
• Fire Department
The comments and recommendations from the reviewing departments and agencies have
been considered and are reflect in this analysis.
(; ('nN(;I IlSI(?N
The proposed Alcohol Service Establishment Use allowed by Miami 21 Code, as amended,
and the City Code of Ordinances, as amended, and align with the goals and objectives of
the Miami Neighborhood Comprehensive Plan. The requested Exception complies with all
criteria and regulations set forth in Miami 21 and Chapter 4 (Alcoholic Beverages) of the City
Code.
Pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code, as amended, and Chapter 4
of the City Code of Ordinances, as amended, the Planning Department recommends
Approval with Conditions of the Exceptions as presented with the following conditions:
H. CONDITIONS.
1. 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, or 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 minimum allowance between furniture (i.e. pulled away from table when occupied)
and obstructions (walls) is required.
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 11
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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 to3:00 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. Pursuant to Chapter 4, Section 4-5 of the City Code of Ordinances, as amended, shall
be closed during school hours.
6. Any noise generated onsite shall conform to Chapter36 of the City Code noise
regulation.
7. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.
8. Per Miami City Code Chapter 4, no loitering or drinking outside of the establishment
shall be permitted at anytime.
9. This Exception is limited to the applicant, Bottled Blonde Miami, LCC, or owner, Thor
Wynwood Walk Owner LLC . Any other entity must be approved by the Planning
Department and may require a new Exception.
10. Signage shall be processed under separate permit in accordance with Article 10 of
Miami 21.
11. The Applicant, owner, or successor shall comply with the requirements of all applicable
departments/agencies as part of the City of Miami building permit submittal process.
12. The Applicant, owner, or 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.
13. The Applicant, owner, or successor shall meet the conditions all applicable local, state,
and federal regulations.
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 12
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14. 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.
15. Pursuant to Miami 21 Code, Section 7.1.2.6(e) "an Exception shall be valid fora 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."
16. Failure to comply with the conditions here in may result in the immediate revocation of
this Permit and shall be subject to any fines and penalties pursuant to City Code of
Ordinances, as amended.
Digitally signed by Ellis,
Ellis, Jacqueline Jacqueline
Date: 2020.12.07 14:23:43-05'00'
Jacqueline Ellis
Chief of Land Development
NOTICE
The final decision may be appealed by any aggrieved party, within fifteen (15) days of the
date of issuance by filing a written appeal and appropriate fee with the Office of Hearing
Boards, located at 444 SW 2"d Ave., 31 Floor, Miami, FL 33130 Telephone number (305)
416-2030.
Staff Analysis Report No. PZ-20-6099_2838 NW 2 AV — Page 13
AERIAL
EPLAN ID: PZ-20-6099
EXCEPTION
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PLANNING DEPARTMENT
Project Fact Sheeti
This document is used to provide a summary for Planning Department related pro
Project Name: Bottled Blonde Miami
Project Address: 2838 NW 2 AV
Miami, FL
Company Name: TBottled Blonde Miami LLC
Primary Contact: Ian Bacheikov
Email: ian.bacheikov@akerman.com
Secondary Contact:
Email:
Exception pursuant to Article 6, Table 13
Supplement Regulations of the Miami 21 Code and
Chapter 4, sections 4-5 and 4-7(c) of the City of
Miami to allow for an Alcohol Services
Establishment greater than 5,000 square feet of
floor area.
Lead Staff: Vickie Toranzo
C NLV�
NOTICE
This submittal nestle t be scheduled for a pubk nearing
In arcord—wd, timelines set forth in the City of
Mlarni CW, The appk.c ,bx_making bWyvnll
renewthe iWannation at the pubk hearing to render a
mendadon or a final d-ieon.
PZ-20-6099
12/07/20
Principal Division: Land Development
Email: vtoranzo@miamigov.com
GRAPHIC(S)
0 HEPB 0 WDRC
0 PZAB ® City Commission
0 UDRB 0 AIPP
Transect Zone(s): T5-0, T6-0, NRD
Commissioner District(s): 5
NET Office(s): Wynwood/Edgewate
Department Director: Francisco Garcia
Revision Date: 1/15/2020