HomeMy WebLinkAboutR-24-0437City of Miami
Resolution R-24-0437
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16437 Final Action Date: 10/24/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, WITH CONDITIONS, TWO (2) EXCEPTIONS 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 4-3(A) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "ALCOHOLIC BEVERAGES/HOURS DURING WHICH SALES
ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED," AND SECTION 4-
7(C) OF THE 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 AND AN EXTENSION OF HOURS FROM 3:00 AM TO 5:00 AM,
AND APPROVING WITH CONDITIONS A WARRANT PURSUANT TO ARTICLE
6, SECTION 6.3.2.2 AND ARTICLE 7, SECTION 7.1.2.4 TO PERMIT AN
OUTDOOR DINING AREA AT REAL PROPERTY DESIGNATED "D2,"
INDUSTRIAL DISTRICT ZONE, AND GENERALLY LOCATED AT 261
NORTHEAST 73 STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY
DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"
("PROPERTY"); MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ben Fernandez, Esquire, on behalf of Kimberly Diamant and The KD Family
Trust (collectively, "Applicant"), applied to the City of Miami ("City") for two (2) Exceptions
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 4-3(a) and 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 and an extension of hours from 3:00 AM to 5:00 AM, and a Warrant pursuant to
Article 6, Section 6.3.2.2 of the Miami 21 Code to permit an Outdoor Dining Area at 261
Northeast 73 Street, as more particularly described in the attached and incorporated Exhibit "A"
("Property"); and
WHEREAS, the Property is designated "D2," Industrial District Zone, on the Zoning Atlas
of the Miami 21 Code; and
WHEREAS, the Property is approximately 13,939 square feet; and
WHEREAS, the Alcohol Service Establishment with Outdoor Dining is approximately
11,299 square feet; and
WHEREAS, the interior space is approximately 6,444 square feet with a maximum of
12 tables and 87 seats; and
City of Miami Page 1 of 5 File ID: 16437 (Revision:) Printed On: 11/6/2024
File ID: 16437 Enactment Number: R-24-0437
WHEREAS, the exterior space is approximately 4,855 square feet with a maximum of
50 tables and 208 seats; and
WHEREAS, the Applicant submitted an operational/business 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, pursuant to the survey submitted as part of the Alcohol Reservation Letter,
the Alcohol Service Establishment is located more than 500 feet from the nearest point of a
residential district; and
WHEREAS, pursuant to the City Code, Alcohol Service Establishments are permitted to
operate Monday — Saturday from 11:00 AM to 3:00 AM and Sunday from Noon to 3:00 AM;
and
WHEREAS, the Applicant has requested an extension of hours to operate until 5:00 AM;
and
WHEREAS, the proposed Alcohol Service Establishment and Outdoor Dining Area will
operate from Monday to Sunday from Noon to 3:00 PM and 5:00 PM to 5:00 AM with a 4COP
Quota License; and
WHEREAS, it is found that the two (2) Exceptions and Warrant meet, with conditions,
the criteria of the Miami 21 Code, including Article 4, Table 12; and
WHEREAS, the Planning Department, pursuant to Article 7, Sections 7.1.2.6 and 7.1.2.4
of the Miami 21 Code recommends approval with conditions; and
WHEREAS, at a duly noticed public meeting, the Planning, Zoning and Appeals Board
("PZAB") adopted PZAB-R-24-054, by a vote of five to two (5-2), recommending approval of the
request for the two (2) Exceptions and a Warrant, PZAB.2; and
WHEREAS, the City Commission considered the goals, objectives, and policies of the
Miam Comprehensive Neighborhood Plan, 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, the PZAB added a condition that there be a manager available onsite at
the establishment during all hours of operation to address any concerns or issues and the
Applicant indicated no objection to such; 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
Exceptions and Warrant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
City of Miami Page 2 of 5 File ID: 16437 (Revision:) Printed on: 11/6/2024
File ID: 16437 Enactment Number: R-24-0437
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 Miami City Commission approves with conditions two (2) Exceptions
pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter
4, Sections 4-3(a) and 4-7(c) of the City Code, to permit, with City Commission approval, an
Alcohol Service Establishment in excess of 5,000 square feet and an extension of hours from
3:00 AM to 5:00 AM and a Warrant pursuant to Article 6, Section 6.3.2.2 and Article 7, Section
7.1.2.4 of the Miami 21 Code to permit an Outdoor Dining Area at real property designated
"D2," Industrial District Zone, generally located at 261 Northeast 73 Street, as more particularly
described in the attached and incorporated Exhibit "A" ("Property"), subject to the following
conditions:
1. The Project shall be developed in accordance with the plans and
supporting documents submitted to the City, bearing the E-Plan stamp for Exception
PZ-20-7121.
2. Signage shall be processed under a separate permit in accordance with
Article 10 of the Miami 21 Code.
3. The Applicant, owner, and any successor shall comply with the
requirements of all applicable departments/agencies as part of the City of Miami
building permit submittal process.
4. The Applicant, owner, and any 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. The Applicant, owner, and any successor shall meet the conditions of all
applicable local, state, and federal regulations.
7. 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.
8. 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."
9. The City reserves the right to inspect the Property site to ensure
compliance with the conditions as listed.
10. This Alcohol Service Establishment is approved for approximately 11,299
square feet as depicted in the batch -stamped plans and supporting documents.
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File ID: 16437 Enactment Number: R-24-0437
11. The Alcohol Service Establishment with Outdoor Dining Area shall
operate from Monday to Sunday from Noon to 3:00 PM and 5:00 PM to 5:00 AM, in
accordance with the operation plan submitted with the application.
12. 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 p.m. and 7 a.m. 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. Notwithstanding such, the project on the Property site shall
abide by all noise regulations, including but not limited to Chapter 36 of the City Code
or any successor provisions regarding noise regulations.
13. Any noise generated on the Property site shall conform to Chapter 36, or
any successor ordinance, of the City Code regarding noise regulation.
14. Any concerns or complaints related to noise nuisance will be addressed
and resolved immediately.
15. Per Chapter 4 of the City Code, no loitering or drinking outside of the
establishment shall be permitted at any time.
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 are 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, including the Outdoor Dining Area,
shall be in compliance with ADA requirements, including but not limited to ADA
separation requirements.
20. The Applicant shall provide a minimum of 18" from back-to-back for each
chair to other chairs or structure(s).
21. The Applicant, owner, and any successor shall provide a direct open line
of communication available with a manager onsite at the Alcohol Service Establishment
during all hours of operation to address any issues, concerns, and complaints by
neighbors, constituents, or any other party.
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.
City of Miami Page 4 of 5 File ID: 16437 (Revision:) Printed on: 11/6/2024
File ID: 16437 Enactment Number: R-24-0437
Section 4. This Resolution shall become effective ten (10) days upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ge . Wy ng III, C y ttor -y 10/10/2024
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.
City of Miami Page 5 of 5 File ID: 16437 (Revision:) Printed on: 11/6/2024