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Home My WebLink AboutAnalysis and MapsDocuSign Envelope ID: 27B510A2-93AB-46DB-B1E5-4C26D7CD575C (�I. <NOTICE needs b be scheduled for a public hearing nre wkh timelnesetforth in the CityM The appllcade tlsi—n-making btly will bnna - at the public hearing t. n,ntler e ommends ., or a final d.dm.n. PZ-21-10925 04/04/23 Z' City of Miami *j lui 11* Planning Department ANALYSIS FOR EXCEPTION AND WARRANT Staff Analysis Report No. PZ-21-10925 Location 801 Brickell Bay Dr, Unit 4C-1-41 Folio Number 0142070015100 Miami 21 Transect "T6-48A-0" Urban Core Transect Zone - Open MCNP Designation Restricted Commercial Commission District Commission District 2 — Sabina Covo Commissioner Downtown / Brickell Planner Vickie Toranzo, Planning Project Manager vtoranzo miami ov.com Property Applicant Hwood Group / Deliliah Property Owner ANAV INVESTMENTS LLC Project Representative Louis Terminello, Esq. A. REQUEST Pursuant to Article 7, Sections 7.2.1.6, and 7.2.1.4, of Ordinance 13114 ("Miami 21 Code"), as amended, and Chapter 4 - Alcoholic Beverages of the City Code of Ordinances (the "City Code"), as amended, Louis Terminello, Esq., on behalf of ANAV INVESTMENTS LLC (the "Applicant") requests an Exception pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of Miami 21 Code and Chapter 4, 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 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 Miami 21 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 "Property"). Staff Analysis Report No. PZ-21-10925_801 Brickell Bay Dr. Unit 4C-1-41 — Page 1 5/24/22 DocuSign Envelope ID: 27B510A2-93AB-46DB-B1E5-4C26D7CD575C NOTICE ThIs submittal needs b be scheduled ton a public h—ing In—nbance whh timellnee set forth in the City M Mlami Cotle. The appllcad, decision -making bdy Wil reWew the mbrmad- at the public hearing t. n,nde, e recommendation or a final deciaon. PZ-21-10925 / �\ 04/04/23 /f B. RECOMMENDATION Pursuant to Articles 6 and 7 of Miami 21, as amended, and Chapter 4 - Alcoholic Beverages, of the City Code of Ordinances, as amended, the Planning Department recommends Approval with Conditions of the requested Exception and Warrant based upon the facts and findings in this staff report. C. PROJECT DATA Outdoor dining area Seats 1 124 1,909 SQ. Ft. Tables 124 Indoor dining area Seats 1 245 Hours and days of Wednesday to Sunday from 12:00 PM to 5:00 AM operation Outdoor dining is: X Proposed ❑ Expansion ❑ CE# Legalization Number of businesses served by 1 outdoor dining Associated Special Permits/BDs I BD22-002808-001 D. Findings 6,093 SQ. Ft. Tables 1 69 • Pursuant to Article 6, Table 13 of Miami 21 Code and Chapter 4, Sections 4-7(c) of the City Code of Ordinances, as amended, an Alcohol Service Establishment in excess of 5,000 square feet in the Urban Central Business District is allowed, with City Commission approval, by process of Exception. • Pursuant to Article 6, Section 6.3.2 the Miami 21 Code, an Outdoor Dining Area in the "76- 48A-0" is allowed by process of Warrant. Staff Analysis Report No. PZ-21-10925_801 Brickell Bay Dr. Unit 4C-L41 — Page 2 5/24/22 DocuSign Envelope ID: 27B510A2-93AB-46DB-B1E5-4C26D7CD575C 411y!are� NOTICE mie eobmidal needs m --headed mr a pbk healing In accordance wM1h hmellnee set forth in the City & Miami CWe. The appliwde dz-n- naXing bWy will rewewthe inbrmadon at the pubdc hearing to render e recommendation nr a final deciaon. PZ-21-10925 / \\ 04/04/23 /I • 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 Miami City Code. • Per the Applicant's operational plan, 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. • Per Chapter 4 — Alcoholic Beverages of the City Code of Ordinances an Alcohol Service Establishment is permitted to operate until 5:00 AM by Right. • Pursuant to Article 7, Sections 7.1.2.6.b.4 and 7.1.2.4.d and Chapter 4 - Alcoholic Beverages, Section 4-7(c), it is found that the Applicant has submitted the necessary information to the Planning Department which demonstrates compliance with the guidelines and criteria required for this type of permit, as specified in the Miami 21 Code, including Article 4, Table 12. • Planning comments were provided in ePlan pursuant to a comprehensive review of the application materials. All comments have been addressed through the ePlan review process. • Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the application has been referred to the following agencies whose comments and recommendations have been considered and are reflected in this final decision: Office of Zoning, Downtown Brickell Commissioner District Office, Office of Code Compliance, and Department of Public Works and Resilience. • Pursuant to Article 7, Section 7.1.2.6.b.4 and Section 7.1.2.4.d of the Miami 21 Code, the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient. Staff Analysis Report No. PZ-21-10925_801 Brickell Bay Dr. Unit 4C-1-41 — Page 3 5/24/22 DocuSign Envelope ID: 27B510A2-93AB-46DB-B1E5-4C26D7CD575C NOTICE This submittal needs b be scheduled ton a public h—ing In—nbance whh timellnee set forth in the City M Mlarni Cotle. The applicad, decision -making bdywill reWew the inbnna n at the public hearing to n,nde,e recommendation or a final deciaon. PZ-21-10925 / �\ 04/04/23 /f 0.1 H.1 FLOOD PLAN - LEVEL 1 Figure 1: Proposed Floor Plan Staff Analysis Report No. PZ-21-10925_801 Brickell Bay Dr. Unit 4C-L41 — Page 4 5/24/22 DocuSign Envelope ID: 27B510A2-93AB-46DB-B1E5-4C26D7CD575C 411y!are� NOTICE mie eobmidal needs m —Ih.&dmra pbk heahng In accond—wM1h hmellnee set forth in the City & Miami CWe. The appliwde be -n- naXing bWy will rewewthe inbrmation at the pubc hearing to n,nde, e recommendation nr a final eeciaon. PZ-21-10925 / \\ 04/04/23 /I E. CONCLUSION Pursuant to Article 7, Sections 7.1.2.6, and 7.1.2.4 of the Miami 21 Code, and Chapter 4-, Alcoholic Beverages of the City Code, the Planning Department recommends Approval with Conditions of the Exception and Warrant with the following conditions: F. 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 Miami 21. 5. 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. 6. 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. 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, or successor shall meet the conditions 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) "an 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." Staff Analysis Report No. PZ-21-10925_801 Brickell Bay Dr. Unit 4C-L41 — Page 5 5/24/22 DocuSign Envelope ID: 27B510A2-93AB-46DB-B1E5-4C26D7CD575C 411y!are� NOTICE mie eobmidal needs m --headed mr a pbk heahng In accond—wM1h hmellnee set forth in the City & Miami CWe. The appliwde be -n- naXing bWy will rewewthe inbrmation at the pubc hearing to n,nde, e recommendation nr a final eeciaon. PZ-21-10925 / \\ 04/04/23 /I 11. The City reserves the right to inspect the site 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 Wednesday 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. Prior to the issuance of a building permit, the Applicant, owner, or successor shall submit a noise attenuation plan to the Planning Department, demonstrating that any noise activity associated with the Use will have minimal impact on the surrounding neighborhood, in accordance with Chapter 36 of the City Code. 16. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation. 17. Any concerns or complaints related to noise nuisance will be addressed and resolved immediately. 18. Per Miami City Code Chapter 4, no loitering or drinking outside of the establishment shall be permitted at any time. 19. 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. 20. 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. 21. All tables, seating, furnishings, and other such associated material located in the Outdoor Dining Area must be completely removable within twenty-four (24) hours. 22. The Alcohol Service Establishment and Outdoor Dining Area shall be in compliance with ADA separation requirements. Staff Analysis Report No. PZ-21-10925_801 Brickell Bay Dr. Unit 4C-L41 — Page 6 5/24/22 DocuSign Envelope ID: 27B510A2-93AB-46DB-B1E5-4C26D7CD575C NOTICE This su bmMal needs b fp sche&W d b, a pubic hearing in ccordance with timelines set forth in the city o Miami Code.7he applicade decision -Waking body will rewew the intonnalion at the public hearing to n,nder a recommendation or a flnM deciaon. PZ-21-10925 / \\ 04/04/23 /f 23. The Applicant shall provide a minimum of 18" from back to back for each chair to other chairs or structure. EDocuSigned by: at�is� a Aid �1=��GGl=nrarzn or Lakisha Hull, AICP, LEED AP BD+C Planning Director EDocuSigned by: WA AA, �f6v'kr Sevanne Steiner, CNU-A, Interim Chief Land Development Assistant Planning Director DocuSigned by: VAUkie oranzo Vic Planning Project Manager Staff Analysis Report No. PZ-21-10925_801 Brickell Bay Dr. Unit 4C-1-41 — Page 7 5/24/22 • AERIAL . EPLAN ID: PZ-21-10925 (NOTICE m ehetlW mbC heing mtmsef hn tha iyo pcahtlx,. hoywllEXCEPTION n alhepb1111-9oretler l tleo 801 BRICKELL BAY DR 2-925 110ADDRESSES: 44 Unit 4C-L41 0 87.5 175 350 Feet I 'i i f_ r jft �+ r a o Q2 � 4 co } i ,gyp puss/ r WO rgi 0 4 yr �w eo'''Q