HomeMy WebLinkAboutR-23-0551
City of Miami
City Hall
3500 Pan American Drive
Resolution R-23-0551
Miami, FL 33133
www.miamigov.com
Legislation
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
-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,
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TRANSECT ZONE - OPEN; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
and Article 7, Section 7.1.2.6 of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended,
, Section 4-7(c) of the Code of the City of Miami, Florida, as amended
lcoholic Beveragesto 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
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
-12-- Open; and
-12-- 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
City of Miami Page 1 of 4 File ID: 15044 (Revision: ) Printed On: 2/12/2024
File ID: 15044 Enactment Number: R-23-0551
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 commercial activity
should be embedded in Mixed-Use urban centers, not isolated in remote single-
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
-1.4.2, which states that
funded by special assessments to provide extra services and special events needed to attract
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
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
City of Miami Page 2 of 4 File ID: 15044 (Revision: ) Printed on: 2/12/2024
File ID: 15044 Enactment Number: R-23-0551
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
-12-
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.
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
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File ID: 15044 Enactment Number: R-23-0551
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
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
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signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
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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.
City of Miami Page 4 of 4 File ID: 15044 (Revision: ) Printed on: 2/12/2024