HomeMy WebLinkAboutPZAB (12874) ResolutionCity of Miami City Hall
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PZAB Resolution Miami, FL33133
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Enactment Number: PZAB-R-23-041
File ID: 12874 Date Rendered: 5/02/2023
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH
CONDITIONS TO THE MIAMI CITY COMMISSION OF AN EXCEPTION PURSUANT
TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO.
13114 ("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, WITH CITY COMMISSION APPROVAL, 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-
0" URBAN CORE TRANSECT ZONE - OPEN LOCATED AT APPROXIMATELY 801
BRICKELL BAY DRIVE, UNIT4C-L41, MIAMI, FLORIDA, AS MORE PARTICULARITY
DESCRIBED IN EXHIBIT "A"; 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 of Miami ("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-1-41 ("Unit"); and
and
WHEREAS, the Property is designated "T6-48A-0" Urban Core Transect Zone — Open;
WHEREAS, the Property is located within the Urban Central Business District ; and
WHERES, 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
Date Rendered: 5/02/2023
City of Miami Page 1 of 5 File ID: 12874 (Revision:) Printed On: 51312023
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 100 percent of the required
parking to be located offsite within 600 feet from the subject Alcohol Service Establishment if the
proposed parking is to be "self -park" and a distance of 1,000 feet 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; 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, there are
no residences within 500 feet from the nearest point of the proposed Alcohol Service
Establishments to the front entrance of each proposed establishment along the route of ordinary
pedestrian traffic; 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
from Wednesday to Sunday 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 as stated in the
staff analysis; and
WHEREAS, the Planning, Zoning and Appeals Board held a hearing on the Exception
application; and
City of Miami Page 2 of 5 File ID: 12874 (Revision:) Printed On: 5/3/2023
WHEREAS, during the PZAB hearing, the Applicant requested modifications to the
conditions wherein the PZAB and City's Planning Department had no objection to the
modifications, as follows:
The Alcohol Service Establishment and Outdoor Dining Area will operate from
`"'e`er Monday to Sunday from 12:00 PM to 5:00 AM with a 4COP Quota License.
Drinr 4n hi iilr-line permit, the 4nnlinan4 nWnor anr-1 ci irnoccnr shall
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 days per week; and
WHEREAS, the Applicant already submitted a building permit that included a noise
attenuation plan; 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 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 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 to the City Commission approval with the
following conditions of the Exception pursuant to Article 6, Table 13 and Article 7, Section
7.1.2.6 of Miami 21 Code and Chapter 4 -Alcoholic Beverages Sections 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 and approval with conditions of 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-0" Urban Core Transect Zone - Open generally located at 801 Brickell Bay
Drive, Unit 4C-L41, Miami, Florida:
The Project shall be developed in accordance with the plans and supporting documents
submitted, bearing the E-Plan stamp for Exception PZ-21-10925.
City of Miami Page 3 of 5 File ID: 12874 (Revision:) Printed On: 5/3/2023
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.
City of Miami Page 4 of 5 File ID: 12874 (Revision:) Printed On: 5/3/2023
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.
Reviewed and Approved:
il ".'L
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 5 of 5 File ID: 12874 (Revision:) Printed On: 5/3/2023
EXHIBIT "A"
1SY f1i'.9�j.T \1
NOTICE
Thla submittal neetls b be sche&W d br a public hearing
In eccortlan�e wkh timelines set forth in the City M
Mlami Cotle. The applica Lie decision -making btlywlll
reWewiheinlormadon at the public hearing to—dn ,e
recommentlatlon or a final tlecW.,
PZ-21-10925
04/04/23
THE FOUR AMBASSADORS CONDO UNIT 4C-L41 UNDIV 1.65752 INT IN COMMON ELEMENTS O
11121-1614 OR 18823-4975 0999 2 COC 25459-2874 03 2007 5 0