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HomeMy WebLinkAboutAnalysis and MapsDocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B •t;, a NOTICE This su brnidal needs b be echedwed for a pubk nearing in ccond—wd, bmellnes set todh in the City of Miami Code. The applicede decision -making body will rewewthe intnnm on al the pubkc hearing t. render. recommendation or a final deciaon. PZ-22-14997 06/09/23 t City of Miami Planning Department STAFF REPORT FOR EXCEPTION Staff Analysis Report No. PZ-22-14997 Location 2838 NW 2 Avenue Folio Number 0131250243040 Miami 21 Transect 75-0," Urban Center Transect Zone — Open MCNP Designation General Commercial Commission District District 5 — Commissioner Christine King Department of Human Service Neighborhood Service Center Wynwood/Edgewater Planner Zhaokai (Kyle) Liu, Planner II zliu@miamigov.com Property Owner Thor Wynwood Walk Owner LLC Project Representative Bercow Radell Fernandez Larkin & Tapanes A. REQUEST Bercow Radell Fernandez Larkin & Tapanes, on behalf of Puttery Miami, LP (the "Applicant") requests an Exception pursuant to Article 6, table 13, Article 7, Section 7.1.2.6, and Chapter 4 - alcoholic beverages, Section 4-7 (c) of the Miami 21 Code, ordinance No.13114, as amended, for renovating the interior of the Existing Building to accommodate a well -designed indoor, mini -golfing establishment, inclusive of a restaurant and bar, located at 2838 NW 2 Avenue, Miami, FL. Exception 1. Exception pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6, Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled "Alcoholic Beverages". Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Establishments located within an Entertainment District as defined within Section 4-9 of the City Code shall not be subject to an Exception permit. Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 1 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1J L11Y71, 'f]F NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnellnes set ionh in the City of Mlani CWe. The appdwde decision -making body will renew the inlorn ,at the pabec hearing to rend,, nxonnendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 2. Exception pursuant to Article 7, Section 7.1.2.6, and Chapter 4 — alcoholic beverages, section 44(g) and 4-7 (c) with city commission approval, an up to 50 percent reduction in distance separation requirements,. 3. Warrant pursuant to Article 6, section 6.3.2.2 and Article 7, Section 7.1.2.4 to permit an outdoor dining area for a property zoned "75-0" urban center transect zone - open B. RECOMMENDATION Pursuant to Article 7, Section 7.1.1.2 of the Miami 21 Code, ordinance No.13114, as amended, the Planning Department recommends Approval with Conditions for the requested Exceptions based upon the facts and findings in this staff report. C. PROJECT DATA SURROUNDING USES Miami 21 MCNP / Density Existing Use North T6-8-0, General Commercial, Institutional Urban Core Zone -Open 150 du/ac South T5-0, Urban Center Transect General Commercial, Commercial Zone- Open 150 du/ac East T5-0, Urban Center Transect General Commercial, Commercial Zone- Open 150 du/ac West T5-0, Urban Center Transect General Commercial, Residential Zone- Open 150 du/ac RELATED APPROVALS Date Action Warrant for a one story Building within a T5-0 "Urban Center" Transect Zone, with the 2017 NRD-1 Overlay (File No. 2017-0044) D. BACKGROUND The Property is located at 2838 NE 2 Avenue, Miami, FL. The alternate address is 239 NW 28 Street., as detailed in the aerial image below (Figure 1). The Property is designated "76- 8-0" Urban Core Zone — Open and "75-0" Urban Center Transect Zone- Open on the City's zoning atlas. Only a portion of the Property is subject to the application. This portion of the Property was formerly identified by the address of 239 NW 28 Street, and it is designated in "75-0" Urban Center Transect Zone- Open. Currently, the Property is vacant. According to the approved 2017 Site Plan, the size of the existing building is 17,952 square feet. The Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 2 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnellnes set ionh in the City of Mlani CWe. The appdwdle decision -making body will renew the inlorn ,at the pabec hearing to rend,, recommendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 Property is owned by Thor Wynwood Walk Owner LLC. The building was constructed in 1978, and the 2017 Site Plan anticipated the adaptive reuse of the building. V; 'V n Figure 1 Aerial of Subject Site Addition Proposal . a I Through the Exception approval process and in accordance with Article 6, table 13, Article 7, Section 7.1.2.6, Article 6, Section 6.3.2.2, and Article 7, Section 7.1.2.4 of Miami 21, the Applicant seeks to renovate the interior of the Existing Building to accommodate a well - designed indoor, mini -golfing establishment, inclusive of a restaurant and bar. Figure 2 shows the proposed Site Plan of the Property. Figure 3 and 4 show the building floor plan and outdoor dining plan. Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 3 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B MALT wms WFERM AREA 17 ARM ter. E61OW ,ate M3 SWT AMME E 90 18.241 SW.. Figure 2 Site Plan 1�J L11Y'f]F� NOTICE rni..obn,idal needs m t Ih.&dtn,. pabk heahng In—nd—wM1h hmelln, set f,& in the City & Mlami CWe. The appdwde decision -making bWy will rewew the inbrm ,at the pabec hearing to rend,, recommendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 4 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnelln, set f,& in the City & Mlani CWe. The appdwdle decision -making bWy will renew the inbrn ,at the pabec hearing to rend,, --lotion nr a final deciacn. PZ-22-14997 \\ 06/09/23 Outdoor dining 593 SQ. Ft. Indoor dining area 17,648 SQ. Ft. area Seating 20 Tables 7 Seating 152 Tables 28 2 ADA 2 ADA 13 ADA 6 ADA 22 Total 9 Total 165 Total 34 Total Hours and days of Monday — Wednesday 4:00 PM to 12:00 AM operation Thursday 4:00 PM to 2:00 AM Friday 12:00 PM to 2:00 AM Saturday 11:00 AM to 2:00 AM Sunday 12:00 PM to 12:00 AM Outdoor dining is: Legalization x Proposed ❑ Expansion ❑ CE# Number of businesses served by 1 outdoor dining Associated Special Permits/BDs NA Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 5 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B i II i i i I i i i I U U . �•� f3Z� a � � � I _ III; __...._.�__.��� ]IMF BUILDING Figure 3 Floor Plan S 1�J L11Y'flr� NOTICE rni..obn,idal needs m t Ih.&, dtn,. p,bk heahng In—nd—wM1h hmelln, set f,& in the City & Mlami CWe. The appdwde decision -making bWy will r,wew the inbrm ,at the p,bec hearing,, rend,, re„m d, .,., a final decia,n. PZ-22-14997 \\ 06/09/23 Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 6 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B I ACCESSIBILITY CLEARANCES I v.�.e s 15—IL ry /l l 1 1 L TABLE CLEARANC LAVATORY' CLEARANCES �m Ir —, El 11 iL FQ PROPOSED PATIO PLAN SCALE: L11 `a B' - MAINTAIN MIM 11' 6LR. PATH. TYP. r6�1 � �• ET7 E6 1J E4 e E8 116 E7 E5 re Ef4 E E21 E22 E3 ■ TABLE NUMBERS ■ SEAT NUMBERS Figure 4 Outdoor Seating Plan 1�J L11Y'f]F� NOTICE rni..obninal needs m t Ih.&dmt. pabk heahng In—nd—wM1h hnellnes set forth in the City of Mlani CWe. The appli-de decision -making body will renew the intorn ,at the pabec hearing to rend,, nxonnendation nr a final deciaen. PZ-22-14997 \\ 06/09/23 rmnr Ame mwax w+fA et pm ter. EtrFP 1B AqA 'M W —INATE W I =41 MT. wunvn ��n�snnnrtt¢u� Sernrsra� E. FINDINGS Request Article 6, Table 13 and Article 7, Section 7.1.2.6: establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled "Alcoholic Beverages". Establishments occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City Commission. Analysis: The subject Property is located within the Neighborhood Revitalization District (NRD-1). The Planning Department approved the site plan for the Property in 2017 via Warrant Final Approval No. 2017-004. The City approved building permit plans consistent with the 2017 Site Plan Approval in 2018 via Building Permit No. M2017019936. The Subject Parcel is currently unoccupied. The proposed Project will consist of a total floor area of 17,952 Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 7 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnellnes set ionh in the City of Mlani CWe. The appdwde decision -making body will renew the inlorn ,at the pabec hearing to rend,,e nxonnendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 square feet. The Applicant is seeking to allow an alcohol service establishment with a total floor area in excess of 5,000 square feet. According to Appendix J, Section 2.2, the intend of the Neighborhood Revitalization District (NRD-1) is to establish a protective series of land development regulations to transition the existing Wynwood Industrial District into an active, diverse, mixed -use Neighborhood. The NRD-1 will also preserve the unique street art and Industrial characteristics of the current Wynwood District while promoting a 24-hour environment where people work, live, and play. The proposed use for the Property is a mini - golfing establishment, restaurant, and bar that will bring activity and vibrancy to the currently vacant building. The Proposed use does not change the physical contest nor the existing neighborhood form. Findings: Complies Request Article 7, Section 7.1.2.6 and Chapter 4 — alcoholic beverages, Section 4-4 (g) and 4-7 (c): with city commission approval, an up to 50 percent reduction in distance separation requirements. Analysis: Per Chapter 4, Section 4-5 of the Code specifies that the appropriate establishments located in the "Wynwood Cafe" area must be separated by a minimum distance of 500 feet. The proposed Project will be seeking a 4COP license that is located within the Wynwood Cafe area and will be less than 500 feet away from the similarly licensed establishments, as noted below: • 405 feet away from Bakan, located at 2801 NW 2 Avenue • 405 feet away from Brick House, located at 187 NE 28 Street; • 480 feet away from R House Wynwood, located at 2727 NW 2 Avenue • 259 feet away from Bottled Blonde, located at 2838 NW 2 Avenue. The Applicant request to reduce the 500 feet restriction to 250 feet. The proposed Project will be consistent with Appendix J, Section 2.2 of Miami 21. It will contribute toward the desired 24-hour work, live, and play environment and create both entertainment and dining in close proximity to the new residential projects. Findings: Complies Request Article 6, Section 6.3.2.1: to permit an outdoor dining area for the Property zoned '75-0" Urban Center Transect Zone — Open Analysis: • Pursuant to Article 6, Section 6.3.2 of the Miami 21 Code, an Outdoor Dining Area in the'75-O" Urban Center Transect Zone — Open is allowed by the process of Warrant. Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 8 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnellnes set ionh in the City of Mlani CWe. The appdwde decision -making body will renew the inlorn ,at the pabec hearing to rend,,e nxonnendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 • There is no construction, addition of Floor Area, tree removal, planting and/or relocation proposed as part of this Warrant. • The sales or serving of Alcohol (4COP) is part of this Warrant. • Pursuant to Article 3, Section 3.6.1.a of the Miami 21 Code, additional parking is not required for the proposed Outdoor Dining Area as it will operate in conjunction with the proposed Food Service Establishment. Required vehicular parking for the proposed Food Service Establishment is not required for Adaptive Use pursuant to Article 7, Section 7.2. • It is found that the proposed outdoor dining area is contained within the boundaries of the Property and has been designed effectively not to disrupt the safe flow of pedestrians. • Pursuant to Article 7, Section 7.1.2.44 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 7.1.2.4.d of the Miami 21 Code, the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient. Findings: Complies F. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) The Property is in the MCNP's Future Land Use (FLU) designation of "General Commercial," the same FLU designation as several of the abutting properties (Figure 5).—This FLU designation allows commercial activities to include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Multifamily residential structures of up to 150 dwelling units per acre. The other surrounding properties have the same FLUM designation, which are found to be consistent. Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 9 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B Figure 5 Future Land Use Map Miami 21 Code `t1y%ara t NOTICE ThI..0 bninaln &. be snhe&Vd b, a pubk hearing In—nd—wM1h hmellne. sH forth in the City & Mlani CWe. The apphwde bs-n-nahing bWy will renew the inbrn ,at the p,bc hearing to rend,,e reconn.nnz ., nr a flnM d.ddon. PZ-22-14997 / \ 06/09/23 The Property is designated "76-8-0" Urban Core Zone — Open and "75-0" Urban Center Transect Zone- Open on the City's zoning atlas. Only a portion of the Property is subject to the application. This portion of the Property was formerly identified by the address of 239 NW 28 St, and it is designated in "75-0" Urban Center Transect Zone- Open (Figure 6). Supported Development in this zoning is primarily intended for some Residential Uses by Right, with Civic and Education Uses through the Warrant, and some Residential Uses by Right, with Civic, Commercial, and Education Uses through the Warrant and Exception process. Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 10 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnelln, set f,& in the City & Mlani CWe. The appdwde decision -making bWy will renew the inbrn ,at the pabec hearing to rend,, --lotion nr a final deciacn. PZ-22-14997 \\ 06/09/23 Figure 6 Miami 21 Transect Zone Map Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 11 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnelln, set ionh in the City of Mlani CWe. The appdwde decision -making body will renew the inlornation at the pabec hearing to rend,, nxonnendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 TABLE 3 BUILDING FUNCTION: USES IT5 URBAN CENTER DENSITY (UNIT PER ACRE) RESIDENTIAL 65 65 65 SINGLE FAMILY RESIDENCE R R R COMMUNITY RESIDENCE R R R ANCILLARY UNIT TWO FAMILY RESIDENCE R R R MULTI FAMILY HOUSING R R R DORMITORY R R HOME OFFICE R R R LIVE - WORK R R WORK - LIVE LODGING BED & BREAKFAST E R R INN R R HOTEL R R OFFICE OFFICE R R COMMERCIAL Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 12 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnelln, set f,& in the City & Mlani CWe. The appdwde decision -making bWy will renew the inbrn ,at the pabec hearing to rend,, nxonnendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 T5 AUTO -RELATED COMMERCIAL ESTAB. W ENTERTAINMENT ESTABLISHMENT W R ENTERTAINMENT ESTAB. - ADULT FOOD SERVICE ESTABLISHMENT R R ALCOHOL BEVERAGE SERVICE ESTAB. E E GENERAL COMMERCIAL R R MARINE RELATED COMMERCIAL ESTAB. W W OPEN AIR RETAIL W W PLACE OF ASSEMBLY R R RECREATIONAL ESTABLISHMENT R R AMUSEMENT RIDE CIVIC COMMUNITY FACILITY W W RECREATIONAL FACILITY E R R RELIGIOUS FACILITY E R R REGIONAL ACTIVITY COMPLEX CIVIC SUPPORT COMMUNITY SUPPORT FACILITY W W INFRASTRUCTURE AND UTILITIES W W W MAJOR FACILITY MARINA E W W PUBLIC PARKING E W W RESCUE MISSION Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 13 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnellnes set ionh in the City of Mlani CWe. The appdwde decision -making body will renew the inlorn ,at the pabec hearing to rend,, nxonnendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 T5 TRANSIT FACILITIES E W W EDUCATIONAL CHILDCARE E W W COLLEGE / UNIVERSITY W W ELEMENTARY SCHOOL E W W LEARNING CENTER R R MIDDLE / HIGH SCHOOL E W W PRE-SCHOOL E R R RESEARCH FACILITY R R SPECIAL TRAINING / VOCATIONAL W W INDUSTRIAL AUTO -RELATED INDUSTRIAL ESTBL. MANUFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL ESTBL. PRODUCTS AND SERVICES STORAGE/ DISTRIBUTION FACILITY G. NEIGHBORHOOD SERVICES 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 Office of Code Compliance • Planning Department — Comprehensive Planning Division • Planning Department — Urban Design Division Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 14 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m ­h.&w d tnr. pabk heahng In—nd—wM1h hnellnes set ionh in the City of Mlani CWe. The appdwde decision -making body will renew the inlorn ,at the pabec hearing to rend,,e nxonnendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 • Transportation H. CONCLUSION Based on the above findings, the input of the agencies consulted on this matter, and pursuant to Article 7, Section 7.1.1.2 of the Zoning Ordinance, the subject proposal is approved with conditions, subject to the plans submitted by the Applicant on file with the Planning Department with the following conditions: I. CONDITIONS 1. 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. 2. 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. 3. The Applicant, owner, or successor shall meet conditions all applicable local, state, and federal regulations. 4. Any modification 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. 5. Pursuant to Miami 21 Code, Section 7.1.2.4(e) 4, 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. 6. The proposed outdoor dining shall be in accordance with the plans entitled "A-1.0" as prepared by Kevin Baker, consisting of 1 page dated 2023.03.02 and batch stamped by the City of Miami. 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 NW 2 AV. 8. Signage is not a part of this Warrant application and shall be reviewed under a separate permit application. Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 15 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnellnes set ionh in the City of Mlani CWe. The appdwde decision -making body will renew the inlorn ,at the pabec hearing to rend,,e nxonnendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 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, A 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. Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 16 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hnellnes set ionh in the City of Mlani CWe. The appdwde decision -making body will renew the inlorn ,at the pabec hearing to rend,,e nxonnendation nr a final deciacn. PZ-22-14997 \\ 06/09/23 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 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 the request, the Alcohol Service Establishments 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 If it is found that an Alcohol Service Establishment is in violation of any Taws 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 the Alcohol Service Establishment to come into compliance. If the 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 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 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 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, Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 17 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B aC d,Vr NOTICE This su b,,Mal needs t be IhA &ed b, a pubk nearing ame1—se f.fth in h, Cis of Miami CW, The appk.de decon-Waking body will renew the inlonnation at the pubc Meaning t. render a necomr d.don nr a flnM d-icon. PZ-22-14997 06/09/23 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 Co 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. DocuSigned by: (,a�.�iS6 �n�,�, L Lakisha Hull, AICP, LEED AP BD+C Planning Director DocuSigned by: L"*CAG54PP ,9.. Sevanne Steiner, CNU-A Assistant Director DocuSigned by: aaU Cry ) �u. n7991CCFF0424A9._ Zhaokai (Kyle) Liu Planner II NOTICE The Final Decision of the Planning Director, or his/her designee, may be appealed to the Planning, Zoning and Appeals Board by any aggrieved party within fifteen (15) days of the date of the posting of the decision on the City's website. The filing of an appeal, and Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 18 06/05/2023 DocuSign Envelope ID: 45EA1 F2D-03CA-4DE1-AD1A-C49510A0302B payment of appropriate fee, may be submitted 1�J L11Y'f]F� NOTICE rni..obninaln &mt heawee mr. p�bk hearng In arcorbance w'kh hmallnzs s. f.fth in the City & Miami CW, The appk.c ,bx_making bwy will rewewthe inlannalion al the pubc hearing to rend,, e recommennztion or a flnal eecieon. PZ-22-14997 \\ 06/09/23 online at https:/https: lwww.miamigov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver. Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 19 06/05/2023 f S'@• '4..¢ te-ar• t �F .s $-.}- . .. M resoTh mana�ao� o� a� n11. i�ebCtlIh.eai Nee� s,oy. 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