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HomeMy WebLinkAboutPZAB (13841) ResolutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 www.miamigov.com Enactment Number: PZAB-R-23-071 File ID: 13841 Date Rendered: 7/12/2023 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 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 SEPERATION 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 "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"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 2838 Northwest 2 Avenue (the "Property"), as more particularly described in Exhibit "A", is zoned 75-0," Urban Center Transect Zone — Open (Lot- 18 Block- 18, Lot-19 Block-18 and Lot-20 Block-18); 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 and is consistent with the goals of Miami 21 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, as amended, recommends approval with conditions; and Date Rendered: 7/12/2023 City of Miami Page 1 of 5 File ID: 13841 (Revision:) Printed On: 711212023 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, 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 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 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 Article 7 Section 7.1.2.6.e. 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. Signage is not a part of this Warrant application and shall be reviewed under a separate permit application. 8. 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. 9. 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 City of Miami Page 2 of 5 File ID: 13841 (Revision:) Printed On: 711212023 2:00 AM; and Sunday, 12:00 PM to 12:00 AM, seven days a week indicate hours and day(s). 10. Expansion or modifications to the approved layout by the current or future tenants shall require a new Warrant. 11. All outdoor lighting shall follow applicable codes and regulations as outlined in Miami 21 Code, Article 5, Section 5.7 - Ambient Standards (T-5). 12. Any concerns or complaints related to noise nuisance shall be addressed and resolved immediately. 13. The Applicant shall maintain an outdoor dining area in compliance with ADA separation requirements. 14. The Property shall comply with all Building Code regulations and shall not have any open Code violations. 15. All tables, seating, furnishings, and other such associated materials must be completely removable within twenty-four (24) hours. 16. 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. 17. 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. 18. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 19. 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. 20. 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. 21. 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 City of Miami Page 3 of 5 File ID: 13841 (Revision:) Printed On: 711212023 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. 22. Pursuant to Chapter 4, Section 4-8 If it is found that an 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 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. 23. 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. 24. 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. 25. 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, 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. 26. 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. City of Miami Page 4 of 5 File ID: 13841 (Revision:) Printed On: 711212023 Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 5 of 5 File ID: 13841 (Revision:) Printed On: 711212023 GRAPHIC SCALE -� "" '"'""' NOTICE ® ALTA/NSPS LAND TITLE SURVEY (x a®m) I W 3M St - - �aM1 sd , m Da TITLE REVIEW NOTES. euix nO scry SCHEDULE B- SECTION II ( ""'�"^""' TnE coMM TMmT PRovIOED ae ,- _ ° a - a�-- --- - NW 29th St' e,i E N,E 9 Ewa<n Res auERlc,w,nLE wsueaNSE ccMPann -w-w ,-w-^- .a-w - - - -"-^ -"-"- `- Md. CAN NO D .Page z9. a R rorde oT o. Dade omy—w O w w— — —p/ x\x cuRe e Doom d505 d5 y� ram Plot t the M'm' VA Fare, C ob'ect woo v Record Pal BM St N.W. 29th STREET ® wz D e , HAD- ae eel FIT �. recorded o 4 „ a�fined by As: /; LOCATION MAP dea U 2B 19 s 0 R B 902 Page 1sQ5 and 0M 'g t t L A 'g 1 - - - - - - - - - 0 ne Pab ec0 de a _ �T g/ - -— - - - - - No3 To seALL 1 EPATas Dade ( ). 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La V T y a m Wu 5 Ro wwau _ ,5.AN 15.01 m 25.a5 PLK OWNER LLC a Deaware mtea a mp 0 N li T95 Tim va 2455 N 75'� N ?Sis y5�n] 25 2 55e et! to 111 Z o w S �. - I' - THOR WYNWOCD W � _ © _ o 332.94' ® R 25 0� aMPaNr ea y mP x e eaca�,e ana/o, oeelgne a 2 a F o as wwr mm 4 dMFn B FIRST A GW AN F N E IN ue a Deaware 'mv o n 't III -_----"I'DREL - - crm atlDnEa - -eavAL aesTRACT NATIONAL, LL ___ 89'36'121 �- NAL,ING Txrzar-- RcuT-oF-wnvomlcanory aw - B B eo4 d55 aceT a wav LrvE� s PAa 1 v eox "L s 0 1 e DR a NW 28thadaSTREET 9n„ Ai°NSP2Lnn 3, n, n A) ml(,)PB,9,10V,1, neledw Ew �m,eeaan DED r T T ® J rV0 2022 FIELD DATE: 01/AC/2022 ln P ofeviana S ya and Mao4es n Cnapler A s alre Ccde. oursuan to _ D. Fo da Slatules °rve re JOB . PF22 0020 I, RAID Ad N Ontl Mav4s+ Ions ns a SHEET: ne su w�. . ng Jacob Digit.'y=9tled ILAcce mNA SO a 2312sA, r D'ate.,BS°'°e D: zozz.ol.la Gomis OR:4a:zs-osoo OF 1 SHEEI