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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-23-0348 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, SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES/PERMITS AND PUBLIC HEARINGS/EXCEPTION," TO PERMIT, WITH CITY COMMISSION APPROVAL, AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET IN THE WYNWOOD CAFE SPECIALTY DISTRICT; FURTHER APPROVING AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF MIAMI 21 CODE AND CHAPTER 4, SECTIONS 4-4(G) AND 4-7(C) OF THE CITY CODE, TITLED "ALCOHOLIC BEVERAGES/DISTANCE SEPARATION" AND "ALCOHOLIC BEVERAGES/PERMITS AND PUBLIC HEARINGS/EXCEPTION," RESPECTIVELY, TO PERMIT, WITH CITY COMMISSION APPROVAL, AN UP TO FIFTY PERCENT (50%) REDUCTION IN DISTANCE SEPARATION REQUIREMENTS; FURTHER APPROVING A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2.2 AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT AN OUTDOOR DINING AREA FOR A PROPERTY ZONED "75- 0," URBAN CENTER TRANSECT ZONE - OPEN, GENERALLY LOCATED AT 2838 NORTHWEST 2 AVENUE (239 NORTHWEST 28 STREET), MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately, 2838 NW 2 AV APPLICANT(S): Carli Koshal, Esquire on OBO of Puttery Miami, LP PURPOSE: The Applicant requests 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 Wynwood cafe specialty district, an exception pursuant to article 7, section 7.1.2.6 of Miami 21 code and chapter 4 — alcoholic beverages, sections 4-4(g) and 4-7(c) of the code to permit, with city commission approval, an up to 50 percent reduction in distance separation requirements, and a warrant pursuant to article 6, section 6.3.2.2 and article 7, section 7.1.2.4 of Miami 21 to permit an outdoor dining area for a property zoned 15-o" urban center transect zone - open FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: On June 14, 2023 recommended approval, by a vote of 9-0. City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution Enactment Number: R-23-0348 File Number: 14188 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, SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES/PERMITS AND PUBLIC HEARINGS/EXCEPTION," TO PERMIT, WITH CITY COMMISSION APPROVAL, AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET IN THE WYNWOOD CAFE SPECIALTY DISTRICT; FURTHER APPROVING AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF MIAMI 21 CODE AND CHAPTER 4, SECTIONS 4-4(G) AND 4- 7(C) OF THE CITY CODE, TITLED "ALCOHOLIC BEVERAGES/DISTANCE SEPARATION" AND "ALCOHOLIC BEVERAGES/PERMITS AND PUBLIC HEARINGS/EXCEPTION," RESPECTIVELY, TO PERMIT, WITH CITY COMMISSION APPROVAL, AN UP TO FIFTY PERCENT (50%) REDUCTION IN DISTANCE SEPARATION REQUIREMENTS; FURTHER APPROVING A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2.2 AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT AN OUTDOOR DINING AREA FOR A PROPERTY ZONED "75- 0," URBAN CENTER TRANSECT ZONE - OPEN, GENERALLY LOCATED AT 2838 NORTHWEST 2 AVENUE (239 NORTHWEST 28 STREET), MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 2838 Northwest 2 Avenue ("Property"), as more particularly described in Exhibit "A," attached and incorporated, is zoned 75-0," Urban Center Transect Zone — Open; and WHEREAS, the Property is located in a portion of the Wynwood/Edgewater neighborhood and NRD-1 where there are a variety of zoning designations and commercial types; and WHEREAS, the Property is adjacent to the 76-8-0," Urban Core Transect Zone — Open, on the North; and WHEREAS, the existing Property is within the boundaries of the Neighborhood Revitalization District ("NRD-1"); and WHEREAS, the Planning Department has reviewed the application and finds the proposed Exception is consistent with the goals of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") and the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code, recommends approval with conditions; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 14, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-071 by a vote of nine to zero (9 - 0), Item No. 15, recommending approval with conditions of the exception; and WHEREAS, the PZAB recommended that conditions seven (7) and nine (9) be removed; 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, 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; NOW, THEREFORE, BE IT RESOLVED BY THE 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 the Exception pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code, 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 No. PZ-22-14997. The applicant's satisfaction of the below conditions is subject to the approval of the Planning Department. 2. The internal lighting shall not display any flashing or strobe lighting and shall only act as a consistent illuminating component of the sign. 3. The Applicant shall protect residential areas from the spillover effect of light. Orient outdoor lighting to minimize glare to the public realm and adjacent properties. 4. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 5. Noncompliance with any conditions or building code regulations may result in this Exception being rescinded, null, and void. 6. Pursuant to Article 7 Section 7.1.2.6.e. of the Miami 21 Code, this 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 (1) time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director. 7. The Outdoor Dining Area approved under this permit shall operate with a total of 22 seating and 9 tables contained within the boundaries of the site located at 2838 Northwest 2 Avenue. 8. Signage is not a part of this Warrant application and shall be reviewed under a separate permit application. 9. 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. 10. Any noise generated on site shall conform to Chapter 36 of the City Code, as amended, including any future amendments for noise regulation. Concerns or complaints related to noise nuisance will be addressed and resolved immediately. 11. Permitted hours of operation are from Monday — Wednesday, 4:00 PM to 12:00 AM, Thursday, 4:00 PM to 2:00 AM, Friday, 12:00 PM to 2:00 AM, Saturday, 11:00 AM to 2:00 AM; and Sunday, 12:00 PM to 12:00 AM, seven days a week indicate hours and day(s). 12. Expansion or modifications to the approved layout by the current or future tenants shall require a new Warrant. 13. All outdoor lighting shall follow applicable codes and regulations as outlined in Miami 21 Code, Article 5, Section 5.7 - Ambient Standards (T-5). 14. Any concerns or complaints related to noise nuisance shall be addressed and resolved immediately. 15. The Applicant shall maintain an outdoor dining area in compliance with ADA separation requirements. 16. Subject Property shall comply with all Building Code regulations and shall not have any open Code violations. 17. All tables, seating, furnishings, and other such associated materials must be completely removable within twenty-four (24) hours. 18. The Applicant, owner, or successor shall comply with the requirements of all applicable Departments/Agencies as part of the City of Miami building permitting process. 19. As applicable, the Applicant owner or successor must obtain: 1) a building permit; 2) a new certificate of occupancy (CO); and 2) a new certificate of Certificate of Use (CU), prior to operating any outdoor dining. 20. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 21. Pursuant Article 7 Section 7.1.2.4.c.4, this Warrant 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. 22. Per the PZD-5, Traffic Circulation Analysis, the Applicant will commit to implementing the following TCMs and intends to make the site bicycle/pedestrian and transit -friendly: • Providing wide (enhanced) sidewalks of approximately 6.7 feet along the north side of NW 28th Street. • Providing 14 bicycle parking spaces on -site. • Providing transit information within the site, including route schedules and maps. • Providing carpool incentive program for employees. • Providing eight (8) stanchions on -site, which can accommodate up to 16 additional bicycles or eight (8) scooter parking spaces. • Providing a tax incentivized commuter flexible spending account for employees to use for transit passes. 23. Pursuant to Chapter 4, Section 4-8 of the City Code, in addition to the requirements under Chapter 2 of the City Code and Article 7 of the Miami 21 Code, if, upon request by the City, proof of an alcohol license issued by the State is not submitted to the City's Zoning Administrator within sixty (60) days of such request, the Alcohol Service Establishment's Certificate of Use, Temporary Certificate of Use, and any approvals obtained under Chapter 4 of the City Code or the Miami 21 Code may be revoked by the Zoning Administrator. 24. Pursuant to Chapter 4, Section 4-8 of the City Code, if it is found that this Alcohol Service Establishment is in violation of any laws regarding health, safety, and welfare including but not limited to building codes, fire codes, the Miami 21 Code, or any health department regulations, the Certificate of Use or Temporary Certificate of Use shall be suspended for a period of thirty (30) days to allow this Alcohol Service Establishment to come into compliance. If this Alcohol Service Establishment fails to come into compliance within thirty (30) days, the Certificate of Use or Temporary Certificate of Use shall be revoked. 25. Pursuant to Chapter 4, Section 4-9 of the City Code, it shall be unlawful for employees or entertainers in places dispensing Alcoholic Beverages for consumption on the premises to mingle or fraternize with the customers or patrons of such Alcohol Service Establishment. 26. Pursuant to Chapter 4, Section 4-12 of the City Code, it is intended that the provisions of this Chapter shall apply solely to those beverages constituting Alcoholic Beverages under the laws of the State. Every violation of the laws of the State relating to the sale of Alcoholic Beverages is hereby specifically made a violation of this Chapter with the same force and effect as if the provisions of such laws were fully set forth herein. 27. Pursuant to Chapter 4, Section 4-10 of the City Code, whenever in the opinion and judgment of the Mayor, a public emergency shall be created or exist in the City causing or tending to cause public disorder, lawbreaking, and confusion, the City Manager is hereby authorized and empowered to prohibit by and through the issuance of his official decree the sale, serving, or consumption of Alcoholic Beverages for and during a period of twenty four (24) hours or such longer period of time as may be described in such decree at all commercial establishments and at all other places in the City where Alcoholic Beverages are licensed to be sold, served, or otherwise dispensed. In the issuance of such decree, the City Manager shall have the fact of the issuance and the contents of such decree broadcast by law enforcement communication device and by commercial radio stations and otherwise given publicity as quickly and as widely as shall be feasible. It is hereby declared to be illegal for any person operating, employed at, or otherwise controlling any of the establishments or other places described in this Section to sell, serve, or permit the consumption on the premises of Alcoholic Beverages during the period described in the decree of the City Manager provided for in this Section. Each violation of or noncompliance with any of the provisions of this Section shall constitute a separate offense and shall subject every person guilty thereof to the penalty prescribed in Section 1-13 of the City Code. 28. 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. 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 be effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 Un nd e�z, CCiiity lAttor ey 7/13/2023 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 or upon the effective date stated herein, whichever is later.