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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-23-0345 Title: 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, ("MIAMI 21 CODE") AND CHAPTER 4 — ALCOHOLIC BEVERAGES, SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET IN THE URBAN CENTRAL BUSINESS DISTRICT AND A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2 AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT AN OUTDOOR DINING AREA AT REAL PROPERTY DESIGNATED "T6-48A-O," URBAN CORE TRANSECT ZONE - OPEN, LOCATED AT APPROXIMATELY 801 BRICKELL BAY DRIVE, UNIT 4C- L41, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 801 Brickell Bay Drive, Unit 4C-L41 APPLICANT(S): Louis Terminello, Esquire, on behalf of HWood Group/Delilah PURPOSE: This will allow Exception, with City Commission approval, for an Alcohol Service Establishment more than 5,000 square feet and a Warrant to permit an Outdoor Dining Area. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: On April 11, 2023, recommended approval with conditions, by a vote of 7-0. City of Miami Legislation Resolution Enactment Number: R-23-0345 File Number: 12834 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:7/27/2023 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, ("MIAMI 21 CODE") AND CHAPTER 4 — ALCOHOLIC BEVERAGES, SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET IN THE URBAN CENTRAL BUSINESS DISTRICT AND A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2 AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT AN OUTDOOR DINING AREA AT REAL PROPERTY DESIGNATED "T6-48A-O," URBAN CORE TRANSECT ZONE - OPEN, LOCATED AT APPROXIMATELY 801 BRICKELL BAY DRIVE, UNIT 4C-L41, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Louis Terminello, Esq., on behalf of DELILAH MIAMI, LLC, also known as Hwood Group, ("Applicant") applied to the City for 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, ("Miami 21 Code") and Chapter 4, titled "Alcoholic Beverages", 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 Urban Central Business District ("UCBD") and a Warrant pursuant to Article 6, Section 6.3.2 of the Miami 21 Code to permit an Outdoor Dining Area at 801 Brickell Bay Drive ("Property"), Unit 4C-L41 ("Unit"); and and WHEREAS, the Property is designated "T6-48A-O," Urban Core Transect Zone — Open; WHEREAS, the Property is located within the Urban Central Business District; and WHEREAS, per Section 4-3 of the City Code, extension of hours to 5:00 a.m. is allowed by right if the Alcohol Service Establishment is located within the UCBD; and WHEREAS, the Unit is located in one of the four towers on the same parcel ("Parcel'); and WHEREAS, per the Record Survey, the Unit is approximately 11,670 square feet of floor area; and WHEREAS, the Alcohol Service Establishment with Outdoor Dining is approximately 8,002 square feet; and WHEREAS, the interior space is approximately 6,093 square feet with a maximum of 69 tables and 245 seats; and WHEREAS, the exterior space is approximately 1,909 square feet with a maximum of 24 tables and 124 seats; and WHEREAS, the City Commission may grant approval for one hundred percent (100%) of the required parking to be located offsite within six hundred feet (600) from the subject Alcohol Service Establishment if the proposed parking is to be "self -park" and a distance of on thousand feet (1,000) from the subject Alcohol Service Establishment if the proposed parking is to be by "valet"; and WHEREAS, the Applicant submitted an operational/business plan that addresses hours of operation, number of employees, menu items, business goals, sanitation, and other operational characteristics pertinent to the Alcohol Service Establishment applications as per Chapter 4 of the City Code; and WHEREAS, the Applicant submitted a sanitation plan for the Unit; and WHEREAS, staff for the proposed Alcohol Service Establishments shall practice constant drills to guarantee adequate training and adherence to procedures including enforcement of age restrictions, and security personnel will be maintained at the venues and throughout the Property to provide overall control and supervision; and WHEREAS, per the survey submitted as part of the Alcohol Reservation Letter, the location complies with the five hundred feet (500) distance separation requirements; and WHEREAS, given the location on Biscayne Bay of the proposed Alcohol Service Establishment and Outdoor Dining Area, the Planning Department requires a noise attenuation plan that addresses how noise will be controlled in accordance with Chapter 36 of the City Code; and WHEREAS, the Alcohol Service Establishment and Outdoor Dining Area will operate seven (7) days per week from 12:00 PM to 5:00 AM with a 4COP Quota License; and WHEREAS, it is found that the Exception and Warrant have been designed to meet the design review criteria of Article 4, Table 12 of the Miami 21 Code; and WHEREAS, the Planning Department, pursuant to Article 7, Sections 7.1.2.6 and 7.1.2.4 of the Miami 21 Code, as amended, recommended approval with conditions; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on April 11, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-041 by a vote of seven to zero (7-0), Item No. PZAB.8, recommending approval with conditions of the Exception; and WHEREAS, during the PZAB hearing, the Applicant requested modifications to the conditions, wherein the PZAB and City of Miami's Planning Department had no objection to the modifications, as follows: The Alcohol Service Establishment and Outdoor Dining Area will operate from `"led ay Monday to Sunday from 12:00 PM to 5:00 AM with a 4COP Quota License. Drinr 4n 4ho icci ianno of a hi 1ildiRg Permit, the AppliGaRt, GWRer, aRGI ci innoccnr chAll Any valid concerns or complaints related to noise nuisance will be addressed and resolved immediately when possible, or otherwise as provided in the City Code; and WHEREAS, the Applicant's initial Letter of Intent had Wednesday to Sunday, but the Applicant desires to operate seven (7) days per week; and WHEREAS, the Applicant already submitted a building permit that included a noise attenuation plan; 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; 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 and Warrant; 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 hereby approves, with conditions, the 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, ("Miami 21 Code") and Chapter 4 — titled "Alcoholic Beverages" — Section 4-7(c) of the Code of the City of Miami, Florida, as amended, ("City Code") to permit an Alcohol Service Establishment in excess of 5,000 square feet in the Urban Central Business District; and approves, with conditions, a Warrant pursuant to Article 6, Section 6.3.2 and Article 7, Section 7.1.2.4 of the Miami 21 Code to permit an Outdoor Dining Area at real property designated "T6-48A-O," Urban Core Transect Zone — Open, located at approximately 801 Brickell Bay Drive, Unit 4C-L41, Miami, Florida, subject to the following conditions: 1. The Project shall be developed in accordance with the plans and supporting documents submitted, bearing the E-Plan stamp for Exception PZ-21-10925. 2. The Outdoor Dining Area approved under this permit shall operate with a total of 124 seating and 24 tables contained within the boundaries of the site located at 801 Brickell Bay Drive, Unit 4C-L41. 3. The Indoor Area of the Alcohol Service Establishment approved under this permit shall operate with a total of 245 seating and 69 tables contained within the boundaries of the site located at 801 Brickell Bay Drive, Unit 4C-L41. 4. Signage shall be processed under a separate permit in accordance with Article 10 of the Miami 21 Code. 5. 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. 6. 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. 7. Failure to comply with the conditions herein may result in the immediate revocation of this Exception and shall be subject to any fines and penalties pursuant to City Code. 8. The Applicant, owner, and successor shall meet the conditions of all applicable local, state, and federal regulations. 9. 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. 10. Pursuant to Miami 21 Code, Section 7.1.2.6(e) "[a]n Exception shall be valid for a period of two (2) 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." 11. The City reserves the right to inspect the Property and Unit to ensure compliance with the conditions as listed. 12. This Alcohol Service Establishment is approved for approximately 8,002 square feet as depicted in the batch -stamped plans and supporting documents. 13. The Alcohol Service Establishment and Outdoor Dining Area will operate from Monday to Sunday from 12:00 PM to 5:00 AM with a 4COP Quota License. 14. 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. 15. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation. 16. Any valid concerns or complaints related to noise nuisance will be addressed and resolved immediately when possible, or otherwise as provided in the City Code 17. Per Chapter 4 of the City Code, no loitering or drinking outside of the establishment shall be permitted at any time. 18. A change of operator will require the new owner to provide a notarized letter indicating the new operator agrees to these conditions of approval. Should the new operator not agree to these conditions, a new Exception will be required. 19. Placement of any umbrellas, canopies, and/or shade apparatuses are not a part of this Warrant application and shall be reviewed under a separate application submittal. 20. All tables, seating, furnishings, and other such associated material located in the Outdoor Dining Area must be completely removable within twenty-four (24) hours. 21. The Alcohol Service Establishment and Outdoor Dining Area shall be in compliance with ADA separation requirements. 22. The Applicant shall provide a minimum of 18" from back to back for each chair to other chairs or structure. 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 become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, Cify Attor iey 5/15/2023 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar 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.