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HomeMy WebLinkAboutAnalysis and MapsThis submittal needs to be scheduled for a puboc hearing in cord since w'rch timelines set forth in the City of Miami Ccde.The applica de decision -making bcdywill rewew the information at the pubs hearing to render a recommendation or a final decision. City of Miami Planning Department ANALYSIS FOR EXCEPTION Staff Analysis Report No. PZ-21-10118 Location 90 NE 39 ST Folio Number 0131240340010 Miami 21 Transect "T6-12-0," Urban Core Transect Zone —Open MCNP Designation General Commercial Commission District District 5 (Commissioner Christine King) Commissioner District Office Wynwood/Edgewater Planner Samantha Maldonado, Planner II sammaldonado@miamigov.com Property Owner Oak Plaza Associates Del LLC Project Representative Louis J. Terminello, Esq. A. REQUEST Pursuant to Article 6, Table 13 of Ordinance 13114 ("Miami 21 Code"), as amended, and Chapter 4 — Alcoholic Beverages, Section 4-7(C) of the City of Miami Code of Ordinances ("City Code"), as amended, Louis. J Terminello, Esq., on behalf of Groot Design District Hospitality LLC (the "Applicant"), requests an Exception Permit to allow an Alcohol Service Establishment located at 90 Northeast 39 Street, Miami, Florida (the Property"). B. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.6 of Miami 21, as amended, the Planning Department recommends approval with conditions of the Alcohol Service Establishment based upon the facts and findings in this staff report. C. PROJECT DATA & PROPOSAL Proposal The Applicant is proposing an Alcohol Service Establishment at an existing food service establishment. Based on the plan drawing "A3.00," the 2-story establishment is approximately 14,518 square feet of floor area and directly fronts Northeast 39th Street. The venue comprises a dining room, private dining room, 3 bars, a lounge area, outdoor patio and terrace seating, a coffee station, an elevator, a kitchen, a storage area, an office, and restrooms. Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 1 09/01 /2022 This submittal needs to be scheduled fora pubic hearing In aaordancc whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 Project Data Outdoor dining area 3,772 Sq. Ft. Indoor dining area Sq. Ft. 10,746 Seating 105 Tables 28 Seating 200 Tables 53 ADA 5 ADA 5 ADA 10 ADA 10 Total 105 Total 28 Total 200 Total 53 Hours and days of 11:00 am to 5:00 am Sunday - Saturday operation i_ Outdoor dining is: © Existing • Expansion • Legalization Number of businesses served by outdoor dining 11 Figure 4: Seating Count ("A3.00" and "A3.01") YY V LEVEL 1 SEAT COUNT FLOO INTERIOR GROUND ENTRY LOUNGE 18 PRIVATE DINING 12 DINING 1 34 BAR 1 10 DINING 2 44 TOTAL INTERIOR SEAT 118 EXTERIOR GROUND FLOOR PATIO 87 87 TOTAL EXTERIOR SEATS: TOTAL LEVEL 1 SEATS: 205 LEVEL 1 ADA SEAT COUNT REQUIRED 11 PROVIDED 11 LEVEL 2 SEAT COUNT 11[TERIOR SECOND FLOOR LOUNGE 38 PRIVATE DINING 23 VIP TENT 12 BAR 3 9 TOTAL INTERIOR SEATS: 82 EXTERIOR SECOND FLOOR OUTDOOR TERRACE 18 TOTAL EXTERIOR SEATS: 18 TOTAL LEVEL 2 SEATS'. 100 COUNT PROVIDED 15 LEVEL 2 ADA SEAT REQUIRED 5 I Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 2 09/01/2022 This submittal needs to be scheduled fora pubic hearing In accordance whh bmellnes set forth in the City of Miami Code. The applica de decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 Figure 5: Level 1 Floor Plan ("A3.00") Figure 6: Level 2 Floor Plan ("A3.01") _ -' I::1111111111 , 1 , 1 - - Ir g „a inn \I i6 o L21p '. I z 1 9 Ell 1 —■I■� IMI I IIIIIIIIIIIIIIII ®i i is a 3111E1 i 111111 Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 3 09/01/2022 This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 Site Location & Surrounding Uses The Property is bounded by the following Thoroughfares: Northeast 39th Street to the North and Northeast 1st Avenue to the East. The Property is surrounded by Commercial uses on all sides. Figure 1: Aerial of the subject site SURROUNDING USES Miami 21 MCNP / Density Existing Use North T6-12-0 / Miami Design District Retail Street SAP General Commercial Commercial South T6-12-0 / Miami Design District Retail Street SAP General Commercial Commercial East T6-12-0 / Miami Design District Retail Street SAP General Commercial Commercial West T6-12-0 General Commercial Commercial RELATED APPROVALS Date Action 12/7/2018 Warrant for Outdoor Dining - Warrant No. 2018-0078 Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 4 09/01/2022 This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 D. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP' The Property is located within the MCNP Future Land Use (FLU) designation "General Commercial" (Figure 2) and is abutting FLU designations of "General Commercial" on all sides. The "General Commercial" FLU designation allows all activities included in the "Restricted Commercial" such as commercial activities that generally serve the daily retailing and service needs of the public, as well as wholesaling and distribution activities that generally require on and off loading facilities. Further, the proposal supports Future Land Use Policy LU-1.4.2, which declares the City will "continue to investigate and, where appropriate, create management districts, funded by special assessments to provide extra services and special events needed to attract visitors and residents to the retail core, and other special retail shopping areas in downtown." The proposed ASE will provide a new amenity to the Miami Design District Retail Street Special Area Plan (the "MDD SAP"), supplementing the existing restaurant and retail tenants, and facilitating a vibrant and active pedestrian experience. Therefore, the request is consistent with the policies and goals of the MCNP. Figure 2: Future Land Use Map Miami 21 Code The Property is located within Miami 21 Code's "T6-12-0," Urban Core Transect Zone. This Transect Zone permits a variety of commercial uses. Of those uses, an Alcohol Service Establishment is permitted by process of Exception, per Article 4, Table 3 of Miami 21. Per Article 2, Section 2.1.3.2(g) of the Miami 21 Code, "commercial activity should be embedded in Mixed -Use urban centers, not isolated in remote single -use complexes." The proposal of an ASE offers an amenity unique to the SAP that is largely occupied by retail and restaurant uses; therefore, the request aligns with the applicable code, and is found to be consistent. Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 5 09/01/2022 This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applica de decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 Figure 3: Miami 21 Transect Zone N E40rH'ST y7 Z 7/ 7 A rn CC .. , �� - NE 39TH�Z #/aV Miaini Design District � U detail rid t �� Spec�alfA�ea Pla�� Er T6=92"47 w � NE 38TH ST Zoning Overlay: Miami Design District Retail SAP The Property is located within the MDD SAP. The goal of the MDD SAP is to create a high - quality, mixed -use pedestrian retail experience. The Applicant's proposal of an Alcohol Service Establishment supports the intent of the SAP by providing an upscale dining and social experience to attract patrons to the district, and therefore, is consistent with the development standards of the overlay. Figure 7: Overlay District Diagram Design District SAP 1772 Design District Retail Specialty Center South I n —NW 42ND ST— J NE 42ND ST Subject Property — NW 40TH ST —NW -39THH/ST 7/�1Aj' / V♦ Af - N W _313TH'ST— J NE 42NDST Miamt.D-esign NE•4tST-ST—District Retail Street SAP ll NE 40TH 9 NE39H A Ant.O. ■ NE 38TH ST c 7] — NW-37TH ST 1.795 T—O // ry r m IF NE 37TTH'ST JUL IATUTTLE CSWV— Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 6 09/01/2022 This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 Exception Criteria The property is located within the Miami Design District Retail Street SAP Retail Specialty Center South ("Retail Specialty Center South"), which includes properties within the Miami Design District SAP that are located south of the mid -line of the right-of-way of Northeast 40th Street (Figure 7). The Property is subject to the following review criteria pursuant to the City of Miami Code of Ordinances ("City Code") Chapter 4 — Alcoholic Beverages, Section 4-4, and Miami 21 Article 7, Section 7.1.2.6(b)(4). ALCOHOL SERVICE ESTABLISHMENT CRITERIA The following review criteria shall apply, pursuant to City Code Chapter 4, Section 4-7: Criteria (1): An operational/business plan that addresses hours of operation, number of employees, menu items, business goals, and other operational characteristics pertinent to the application. • Analysis: The Applicant has provided an operational plan with proposed hours of operation from Sunday to Saturday from 11 a.m. to 5 a.m., with approximately 185 employees. The proposal describes an establishment for patrons to enjoy brunch, lunch or dinner, as well as the proposed bars and lounges throughout the venue. • Finding: Complies Criteria (2): A parking plan which fully describes where and how the parking is to be provided and utilized, e.g., valet, self -park, shared parking, after -hour metered spaces, and the manner in which the parking is to be managed. The city commission or the PZAB, as applicable, may grant approval for 100 percent of the required parking to be located offsite within a distance of 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." • Analysis: Valet service is currently provided for patrons by the Landlord as indicated in the Lease Agreement. In addition, there are public parking lots located within the general area of the venue. • Finding: Complies Criteria (3): For alcohol service establishments proposing capacities over 300 persons, an indoor/outdoor crowd control plan that addresses how large groups of people waiting to gain entry into the alcohol service establishment and already on the premises will be controlled. • Analysis: The venue will utilize a method of crowd control beginning outside the front door of the establishment. This will entail having a unified and single patron line if Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 7 09/01/2022 This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 necessary, prior to entrance into the facility in order to ensure that the permitted Occupancy level is not exceeded. The venue will also have a staff of front door managers at the front entrance that will ensure the safety of patron ingress and egress from the venue at all times and will ensure that all patrons safely exit the venue upon closing. • Finding: Complies Criteria (4): A security plan for the alcohol service establishment and any parking facility. • Analysis: The venue currently utilizes Halo Protective Services for security and has guards at the venue Thursday - Saturday from 8 p.m. to close. • Finding: Complies Criteria (5): For alcohol service establishments proposing capacities over 300 persons, a traffic study and traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. • Analysis: A Traffic circulation analysis was provided by the Applicant and reviewed by the Office of Capital Improvements - Transportation Division. Approval at the City of Miami Maintenance of Traffic (MOT) meeting shall be required prior to the issuance of the required Public Works Permit, as per Condition 15 of this report. • Finding: Complies Criteria (6): A sanitation plan which addresses on -site facilities as well as off -premises issues resulting from the operation of the alcohol service establishment. • Analysis: The venue currently utilizes Waste Management services for garbage disposal. • Finding: Complies Criteria (7): Proximity of the proposed alcohol service establishment to districts —residential. • Analysis: The Property site is approximately 687 feet from the nearest residential site. • Finding: Complies Criteria (8): If the proposed alcohol service establishment is within 200 feet of any residential use, a noise attenuation plan that addresses how noise will be controlled shall be required, especially in the case of indoor/outdoor uses. • Analysis: The site is not within 200 feet of any residential uses. • Finding: Complies Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 8 09/01/2022 This submittal needs to be scheduled fora pubic hearing In aaordancc whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 RETAIL SPECIALTY CENTER ALCOHOL SERVICE ESTABLISHMENT CRITERIA The following review criteria shall apply, pursuant to City Code Chapter 4, Section 4-4: Criteria (1): The Retail Specialty Center shall not exceed one alcohol service establishment per 20,000 gross square feet of the retail component. • Analysis: There are currently no active ASE's within the MDD SAP Retail Specialty Center South. The Proposed ASE does not exceed the maximum ratio of ASE's to retail square feet. • Finding: Complies Criteria (2): The Retail Specialty Center shall not exceed five total alcohol service establishments. • Analysis: The MDD SAP Retail Specialty Center South has no active ASE's. • Finding: Complies Criteria (3): The establishment shall provide one security guard per 100 seats. • Analysis: The Applicant proposes 3 security guards for the 305 total seats. • Finding: Complies EXCEPTION CRITERIA The following review criteria shall apply, pursuant to Miami 21, Article 7, Section 7.1.2.6(b)(4): Criteria (1): The application shall be reviewed for compliance with the regulations of this Code and a traffic study shall be provided as required by the Planning Director. • Analysis: The application has been reviewed for compliance with the regulations of the Miami 21 Code and City Code. A Traffic circulation analysis was provided by the Applicant and reviewed by the Office of Capital Improvements - Transportation Division. Attendance at the Downtown Maintenance of Traffic (MOT) meeting shall be required prior to final building permit approval, as per Condition 15 of this report. • Finding: Complies Criteria (2): The review shall consider the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses. • Analysis: The site is located within the MDD SAP, and is surrounded by Commercial Retail and Office uses on all sides. There are no residential uses within approximately 687 feet of the property. Due to its distance to residential sites, as well as the proposed Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 9 09/01/2022 This submittal needs to be scheduled fora pubic hearing In aaordancc whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 security, noise control, and parking measures, the Alcohol Service Establishment is not expected to place a strain or any negative impacts on the less intense uses within the neighborhood. • Finding: Complies Criteria (3): The review shall apply Article 4, Table 12 Design Review Criteria, as applicable. • Analysis: The proposal considers the applicable Design Review Criteria outlined in Article 4, Table 12 of the Miami 21 Code, which aims to "calibrate Density, Intensity, and Uses to facilitate walkability and promote transit use." The proposed ASE provides a unique amenity to the MDD SAP Retail Specialty Center South, supplementing the existing Retail and Food Service Establishments, as there are no other active ASE's in the MDD SAP Retail Specialty Center South. Contributing to the mixed -use nature of the MDD SAP, the proposal facilitates walkability as pedestrians can enjoy a variety of amenities all within the boundaries of the SAP. • Finding: Complies E. FINDINGS • Pursuant to Article 6, Table 13 of the Miami 21 Code and Chapter 4, Section 4-7(c) of the City of Miami Code of Ordinances ("City Code"), as amended, an Alcohol Service Establishment in excess of 5,000 square feet in the MDD SAP is allowed, with City Commission approval, by process of Exception. • The Applicant submitted an operational plan that addresses hours of operation, number of employees, menu items, business goals, sanitation, and other operation characteristics pertinent to the Alcohol Service Establishment applications as per Chapter 4 of the City Code. • The Applicant was issued a Warrant for Outdoor Dining through (WT-2018-0078), allowing approximately 3,772 square feet, and operating with 105 seats and 28 tables. The proposed ASE is in compliance with the plans of the approved Warrant. • Pursuant to City Code Chapter 4, Section 4-3, the ASE is permitted to operate until 5:00 am by Right, as it is located within the Central Design District. • The Property is located within the MDD SAP Retail Specialty Center South, per Development Agreement (Attachment 1, Section 12). The property meets the criteria outlined for Alcohol Service Establishments within Retail Specialty Centers pursuant to Chapter 4, Section 4-4 of the City Code. • Pursuant to Article 5, Section 7.1.2.6.b.4 the review of an application for an Exception shall consider the way the proposed Use will operate given its specific location and proximity to less intense Uses. Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 10 09/01/2022 This submittal needs to be scheduled fora pubic hearing In aaordancc whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 • Pursuant to Article 7, Sections 7.1.2.6(b)(4) 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 specific 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, Wynwood/Edgewater 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) of the Miami 21 Code, the application has been reviewed and found sufficient. CONCLUSION Pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code, the Planning Department recommends Approval with Conditions of the Exception with the following conditions: F. CONDITIONS 1. The Project shall be developed in accordance with the plans and supporting documents submitted, bearing the ePlan stamp for Exception PZ-21-10118. 2. The Alcohol Service Establishment approved under this permit shall operate with a total of 305 seats and 81 tables contained within the boundaries of the site located at 90 Northeast 39th Street. 3. Any signage shall be processed under a separate permit in accordance with Article 10 of Miami 21. 4. 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. 5. 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 the City Code. Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 11 09/01/2022 This submittal needs to be scheduled fora pubic hearing In aaordancc whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR resiew the information at the public hearing to render a recommendation or a final decla on. PZ-21-10118 11/07/23 6. 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. 7. This Alcohol Service Establishment is approved for approximately 14,518 square feet as depicted in the batch -stamped plans and supporting documents. 8. The Alcohol Service Establishment and Outdoor Dining Area shall operate from Sunday - Saturday to Sunday from 11:00 AM to 5:00 AM with a 4COP Quota License. 9. 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 11:00 PM and 7:00 AM. 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. 10. 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. 11. Any noise generated on -site shall conform to Chapter 36 of the City Code noise regulation. 12. Any concerns or complaints related to noise nuisance will be addressed and resolved immediately. 13. The Applicant, owner, or successor shall obtain a building permit and a Certificate of Use (CU), prior to operating any outdoor dining. 14. Per Miami City Code Chapter 4, no loitering or drinking outside of the establishment shall be permitted at any time. 15. Approval at the City of Miami Maintenance of Traffic (MOT) meeting shall be required prior to the issuance of the required Public Works Permit. 16. 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. 17. Placement of any umbrellas, canopies, and/or shade apparatuses is not a part of this Warrant application and shall be reviewed under a separate application submittal. 18. All tables, seating, furnishings, and other such associated material located in the Outdoor Dining Area must be completely removable within twenty-four (24) hours. 19. The Alcohol Service Establishment and Outdoor Dining Area shall comply with ADA separation requirements. Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 12 09/01/2022 This submittal needs to be scheduled for a public hearing In accordance wkh dmellnes set forth in the City of Miami Code.The applica de decision -making body NOR relew the Infommaoon at the public hearing to render a recommendation or a final decision. 20. 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." 21. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 22. 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: 7F35EEF0C6C349F... Lakisha Hull, AICP, LEED AP BD+C Planning Director DocuSigned by: S.. Sful� 3A75CAC5AF7E446... Sevanne Steiner, CNU-A Assistant Planning Director Maldonado, Samantha Digitally signed by Maldonado, Samantha Date: 2023.10.31 17:08:05 -04'00' Samantha Maldonado Planner II Attachments: Attachment 1 — Miami Design District SAP Development Agreement, Section 12 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 payment of appropriate fee, may be submitted online at https://www.miamigov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver. Staff Analysis Report No. (PZ-21-10118 90 NE 39 ST) — Page 13 09/01/2022 requirements of s. 163.3180(2)(a), (b) and (c), Florida Statutes (2013), or as other by Chapter 13 of the City Code, if applicable. The Developer Parties shall be boun impact fees and assessments in existence as of the Effective Date of this Agreement. Section 11. Project Approval. This submittal needs to be schebu let bra public hearing In accordance wilt Inmellnes set forth in the City of Miami Cede. The appllcade decision -making burly nnll renew the Informagon at the pubec hearing to render a recommended on or a final tecia on. PZ-21-10118 11/07/23 (a) Future Development Review. Future development within the Miami Design District Retail Street SAP shall proceed pursuant to the processes and in accordance with the design requirements set forth in the Regulating Plan and Design Concept Book, attached as Exhibit "B". The criteria to be used in a determination regarding whether future development shall be approved is the proposed development's consistency with the Comprehensive Plan, this Agreement and the Miami Design District Retail Street SAP. With regard to SAP Parcels 57-61 as identified on Page A1.5 of the Concept Book, the Developer Party agrees to meet with representatives of the Buena Vista Heights Neighborhood Association not less than fifteen (15) days in advance of submitting any redevelopment plans for said parcels to the City for processing. (b) Prohibition on Downzoning. (1) The Comprehensive Plan, the Existing Zoning, and this Agreement ar4 shall govern the development of the SAP Properties designated a part thereof for the duration of the Agreement. The City's laws and policies adopted after the Effective Date may be applied to the SAP only if the determinations required by s. 163.3233(2), Florida Statutes (2013) have been made following a public hearing or as otherwise provided herein. (2) Pursuant to s. 163.3233(3), Florida Statutes (2013), this prohibition on downzoning supplements, rather than supplants, any rights that may vest to Developer Parties under Florida or Federal law. As a result, Developer Parties may challenge any subsequently adopted changes to land development regulations based on (a) common law principles including, but not limited to, equitable estoppel and vested rights, or (b) statutory rights which may accrue by virtue of Chapter 70, Florida Statutes (2013). Section 12. Alcoholic Beverage Sales. -Upon approval of this Agreement, pursuant to Chapter 4 of the City Code, two (2) Retail Specialty Centers are hereby designated for properties within the SAP Area. The Miami Design District Retail Street SAP Retail Specialty Center North ("Retail Specialty Center North") shall consist of all SAP Properties located north of the mid -line of the right-of-way of NE 40t11 Street and the Miami Design District Retail Street SAP Retail Specialty Center South ("Retail Specialty Center South") shall include properties located south of the mid -line of the right-of-way of NE 40`11 Street. The maximum number of establishments selling alcoholic beverages permitted within each Retail Specialty Center shall not exceed five (5) establishments, inclusive of any such establishments in existence as of the date of this Agreement, but exclusive of any bona fide, licensed restaurants where the sale of alcoholic beverages is entirely incidental to and in (29202028;4) 10 conjunction with the principal use of the sale of food (e.g. bona fide, licensed rest 2-COP, 2-COP SRX, 4-COP, 4-COP SRX or an equivalent license). The numbei establishments may be increased by amendment to this Agreement. This submittal needs to be schebu led bra public hearing In accordance wilt Inmellnes set forth in the City of Miami Code. The appllcade decision -making body will renew the Informagon at the pubec hearing to render a recommendation or a final dada on. Each establishment selling alcoholic beverages permitted within the Retail Specialty North and the Retail Specialty Center South, exclusive of bona fide, licensed restaurants where the sale of alcoholic beverages is incidental to the principal use of the sale of food, shall be permitted pursuant to the requirements of the Miami Design District Street Regulating Plan, attached hereto as part of Exhibit "B", and any applicable provision of Chapter 4 of the City Code not in conflict with the provisions of this Agreement. PZ-21-10118 11/07/23 Each of the alcoholic beverage establishments within both the Retail Street SAP Retail Specialty Center North and Retail Specialty Center South permitted pursuant to this Section shall be reserved for the benefit of the Retail Developer Party, unless otherwise modified by a separate written agreement between the Developer Parties. Section 13. Valet Parking. The Developer Parties intend to establish a uniform valet system to service the SAP Properties and the District generally. Notwithstanding the limitations set forth in Sec. 35-305, a maximum of two (2) valet permits may be issued for the operation of a valet parking ramp on the same side of the block where the permit applicant is the operator of the uniform valet system. Section 14. Temporary/Special Events. To the extent governed by the laws and regulations of the City of Miami, the City Commission hereby finds and agrees that the following special events constitute ancillary uses of the Retail Street Project: event banners, farmers' markets, grand openings, holiday sales, outdoor sales, ground breakings, and neighborhood sales events. For events which the Retail Developer Party anticipates to exceed (75%) seventy five percent of the maximum permitted occupancy, inclusive of Open and Civic Space or (2,100) two thousand one hundred guests, whichever is less, the Retail Developer Party, or its designee, shall submit an application for review to the City Neighborhood Enhancement Team (NET) office servicing the District no less than five (5) working days prior to the date of any such event. The City agrees to complete its review within three (3) working days of the submittal of the required application to ensure coordination of needed City services and avoid possible adverse impacts due to multiple events occurring within the immediate and surrounding area. The City Commission further finds that the above -listed activities, which shall not exceed the maximum permitted occupancy of the Retail Street Project, will not: (i) substantially interrupt the safe and orderly movement of other traffic contiguous to the special event; (ii) substantially diminish routine police service levels to the entire community; (iii) unduly interfere with the proper fire and police protection or ambulance service to areas contiguous to the special event as a result of the concentration of persons and vehicles; {29202028;4} 11 AERIAL EPLAN ID: PZ-21-10118 EXCEPTION ADDRESSES: 90 NE 39 ST 0 125 250 500 Feet This submittal needs to be scheduled fora public hearing in accordance with timelines set forth In the City of Miami Code. The applicable decision -making bodywlll reNew the Information at the public hearing to render a recommendation or a fine l decision. FUTURE LAND USE MAP (EXISTING) EPLAN ID: PZ-21-10118 EXCEPTION ADDRESSES: 90 NE 39 ST 0 125 250 500 Feet Major Inst, Public I Facilities, iTransp And This submittal needs to be scheduled fora public hearing in accordance with timelines set forth In the City of Miami Code. The applicable decision -making body will reNew the Information at the public hearing to render a recommendation or a final decision. MIAMI 21 (EXISTING) EPLAN ID: PZ-21-10118 EXCEPTION ADDRESSES: 90 NE 39 ST 0 125 250 500 Feet This submittal needs to be scheduled fora public hearing in accordance with timelines set forth In the City of Miami Code. The applicable decision -making bodywlll reNew the Information at the public hearing to render a recommendation or a fine l decision. Miami Design District R to ail'Stre�et, SpeciaJArea Plan