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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-23-0551 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 AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET AT THE REAL PROPERTY GENERALLY LOCATED AT 90 NORTHEAST 39 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, DESIGNATED "T6-12-0," URBAN CORE TRANSECT ZONE - OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 90 NE 39 Street APPLICANT(S): Louis Terminello, Esquire, on behalf of Groot Design District Hospitality LLC PURPOSE: Exception, with City Commission approval, for an Alcohol Service Establishment more than 5,000 square feet. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: On November 15, 2023, recommended approval, with conditions, by a vote of 7-0. City of Miami Legislation Resolution Enactment Number: R-23-0551 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15044 Final Action Date:12/14/2023 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 AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET AT THE REAL PROPERTY GENERALLY LOCATED AT 90 NORTHEAST 39 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, DESIGNATED "T6-12-0," URBAN CORE TRANSECT ZONE - OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Groot Design District Hospitality LLC ("Applicant") applied to the City of Miami ("City") for 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, for the property generally located at 90 Northeast 39 Street, as more particularly described in Exhibit "A," attached and incorporated ("Property"); and WHEREAS, per the Record Survey, the Property is approximately 13,461 square feet (0.31 acres) in size; and WHEREAS, Article 6, Table 13 of the Miami 21 Code requires an Exception with City Commission approval to allow an Alcohol Service Establishment in excess of 5,000 square feet for a property located within a "T6-12-0," Urban Core Transect Zone - Open; and WHEREAS, the Property is zoned "T6-12-0," Urban Core Transect Zone - Open; and WHEREAS, the Alcohol Service Establishment currently operates as a Food Service Establishment; and WHEREAS, the Applicant was issued a Warrant for Outdoor Dining on December 7, 2018 to allow a Food Service Establishment to operate with 105 seats and 28 tables outdoors; and WHEREAS, the Alcohol Service Establishment with Outdoor Dining consists of 2 stories and is approximately 14,518 square feet of floor area; and WHEREAS, the proposed interior space is approximately 10,746 square feet with a maximum of 200 seats and 53 tables; and WHEREAS, the proposed exterior space is approximately 3,772 square feet with a maximum of 105 seats and 28 tables; and WHEREAS, the Applicant submitted an operational plan that addresses hours of operation, number of employees, menu items, business goals, sanitation, and other operational characteristics pertinent to the Alcohol Service Establishment applications as per Chapter 4 of the City Code; and WHEREAS, the Property is located within the Central Design District as defined in Section 4-4(c) of the City Code, which allows an extension of hours to 5:00 a.m. by right pursuant to Section 4-3(a) of the City Code; and WHEREAS, the Alcohol Service Establishment and Outdoor Dining Area will operate Monday to Saturday from 11:00 AM to 5:00 AM and Sunday from 12:00 PM to 5:00 AM with a 4COP Quota License; and WHEREAS, the Planning Department finds the proposed Alcohol Service Establishment to be consistent, with conditions, with applicable criteria of Article 7, Section 7.1.2.6 of the Miami 21 Code, including Article 4, Table 12; and WHEREAS, the proposed Exception, with conditions, is consistent with the goals of the Miami 21 Code, including supporting the Community Guiding Principle, "commercial activity should be embedded in Mixed -Use urban centers, not isolated in remote single -use complexes," of Article 2, Section 2.1.3.2(g) of the Miami 21 Code; and WHEREAS, the proposed Exception is consistent with the Miami Comprehensive Neighborhood Plan ("MCNP") by supporting Future Land Use Policy LU-1.4.2, which states that "[t]he 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"; and WHEREAS, the City Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code, recommends approval of the Exception with conditions; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R- 23-114 by a vote of seven to zero (7 - 0), Item No. PZAB. 9, recommending approval with conditions of the Exception; 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, the City Commission finds that the applicable requirements of the Miami 21 Code have been met with the conditions as stated in Section 2 herein; 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 CITY 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 approves with Conditions an Exception pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter 4, Section 4-7(c) of the City Code to permit an Alcohol Service Establishment in excess of 5,000 square feet at the Property located at approximately 90 Northeast 39 Street, as more particularly described in Exhibit "A," attached and incorporated designated "T6-12-0," Urban Core Transect Zone — Open, subject to the following 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 Property site located at 90 Northeast 39th Street. 3. Any signage shall be processed under a separate permit in accordance with Article 10 of the Miami 21 Code. 4. The Applicant, owner, and 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. 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 Monday to Saturday from 11:00 AM to 5:00 AM and Sunday from 12:00 PM 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 at the Property shall conform to Chapter 36 of the City Code noise regulations, as may be amended. 12. Per Chapter 4 of the City Code, no loitering or drinking outside of the establishment shall be permitted at any time. 13. Approval at the City of Miami Maintenance of Traffic (MOT) meeting shall be required prior to the issuance of the required Public Works Permit. 14. 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. 15. Placement of any umbrellas, canopies, and/or shade apparatuses is not a part of this application and shall be reviewed under a separate application submittal. 16. All tables, seating, furnishings, and other such associated material located in the Outdoor Dining Area must be completely removable within twenty-four (24) hours. 17. The Alcohol Service Establishment and Outdoor Dining Area shall comply with ADA separation requirements. 18. Pursuant to Section 7.1.2.6(e) of the Miami 21 Code, "[a]n 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." 19. The City reserves the right to inspect the Property site to ensure compliance with the conditions as listed. 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 become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 12/1/2023 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar 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.