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HomeMy WebLinkAboutPZAB (14359) Signed ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-054 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 14359 Date Rendered: 9/13/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL WITH CONDITIONS OF TWO (2) EXCEPTIONS PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114 ("MIAMI 21 CODE") AND CHAPTER 4, TITLED "ALCOHOLIC BEVERAGES," SECTIONS 4-3(A) AND 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 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 RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL WITH CONDITIONS OF 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 — Alcoholic Beverages, 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 Date Rendered: 9/13/2024 City of Miami Page 1 of 5 File ID: 14359 (Revision:) Printed On: 9/13/2024 WHEREAS, the interior space is approximately 6,444 square feet with a maximum of 12 tables and 87 seats; and 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 residential district is located within 640 feet more or less from the nearest point of the proposed Alcohol Service Establishments to the front entrance of each proposed establishment along the route of ordinary pedestrian traffic; 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, as amended, recommends approval with conditions; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the City; and WHEREAS, the PZAB 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 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 City of Miami Page 2 of 5 File ID: 14359 (Revision:) Printed On: 9/13/2024 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 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 recommends to the Miami City Commission approval with conditions of two (2) Exceptions pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of Miami 21 Code and Chapter 4, titled "Alcoholic Beverages," 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." City of Miami Page 3 of 5 File ID: 14359 (Revision:) Printed On: 9/13/2024 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. 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. City of Miami Page 4 of 5 File ID: 14359 (Revision:) Printed On: 9/13/2024 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. Reviewed and Approved: David Snow City of Miami Page 5 of 5 File ID: 14359 (Revision:) Printed On: 9/13/2024 NORTH SCALE 1" = 20' LEGEND: ® - CATCH BASIN XY - LIGHT POLE ■CPP- CONCRETE POWER POLE • - FIRE HYDRANT RIGHT OF WAY F.E.C.SPUR TRACT c.B.S. WALL 0.7' WIDE 9.D' HEIGHT LOT t4 IRONPIPE F NO J'9 ADJAC r COMERGA BUILDING / - FOUND 1Y0 IRON PIPE TREE NO.: THERE ARE OTHER SHRUBS ON THE SUBJECT INFORMATIONALPROPERTY NOT SHOWN ON THIS SURVEY. ONLY TREES WITH A MINIMMA OF 4 INCHES IN DIAMETER OF THE TRUNK AT 4 FEET FROM THE GROUND ARE SHOWN ON THIS SURVEY. TREES SHOWN HEREIN ARE FOR BOTANIST. ARBORISTAND/0R LANDSCAPE ARCHITECT FOR MORESPECIFIC INFORMATION ON THE TREES SPECIES. 160 W,(&) L6( • - MONUMENT LINE Ca - WATER VALVE - CENTER LINE yj - SPOT ELEVATION (NOT PART Of' LI \t, p_ RO 440��5`t CPP BUILDING BASE LINE NOTE: LDING BASE .NE SHOWN ONE THE CITY OF RE IS NO I MIAMI ATLAS SHEET NO. 010, DATED e/e/lace. FOR THE SUBJECT PROPE :05(.406g: eas�aaKl FOUND SICE T'Cla OP SURVEY 10 12 15 1C 18 19 21 22 NOTES: PREPARED BY: GUNTER GROUP, INC. LAND SURVEYING - LAND PLANNING FLORIDA CERTIFICATE OF AUTHORIZATION N0. LB 4507 9350 S.W. 22nd TERRACE MIAMI, FLORIDA 33165 (305) 220-D073 Name Holly parregrarate Are. Holly Holly Tree Trwe TREE TABLE Diameter 40 30 Height 26 24 20 30 Spread leer 15 18 14 Holly Holly Arekas Arekss ereaar pepper Bananas (2) Barrarr 3) Palms (2) Bananas (4) 10) Bananas (2) Archae Chinese Ard'ss'a Fig R. harmipari dueler 13 43 24 48 12 24 23 15 10 20 10 20 20 20 12 10 12 10 15 12 12 ABBREVIATIONS: R/W (Mews) (R) C.B.S. PL CL CONC. A/C R= Tan= RIGHT OF WAY MEASURED RECORD CONCRETE BLOCK & STUCCO PLANTER CLEAR CONCRETE AIR CONDITIONER ARC LENGTH RADIUS TANGENT INTERIOR ANGEL OF CURVE The igital Signature and Date, pursuant to Chapter 5J-17, Florida Administrative Code, under Section 5J-17.062. The "Digital Dale" may not reflect the dale of Survey r the latest revision date. Printed copies of this document are not considered signed and eared and the signature must be verified on any electronic copies. R=25.00' L=24.20'(Mcas) Tan=13.14' d=55`27'24"(R) d=55°27' 15"(Mcas ) PROPOSED PEDESTRIAN WALK NOTE: THE TOTAL LENGTH OF THE PROPOSED PEDESTRIAN WALE IS SOWD2 LINEAR FEET. 1 hereby certify to Diamant Holding, LLC: that the Sketch of Topographic Survey of the described property is true and correct to the best of my knowledge and belief, as recently surveyed and platted under my direction: also that meets the Standards of Practice set in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027 Florida Statutes. Up —Date: 07-19-2023 Up —Date: 06-30-2022 Up —Date: 05-06-2021 Up —Date: 03-20-2019 '. Date: 01-22-2015 Job No.: 15-30059 Sketch No. 27918 Rolando Digitally signed by Rolando Ortiz Date: 2023.07.21 l 18:23:07 -04'00' By: Rolando Ortiz LS 4312 Professional Land Surveyor & Mapper. State of Florida. PROPERTY ADDRESS: 261 NE 73rd Street Miami, Florida 33138. LEGAL DESCRIPTION: Lot 13 of INDUSTRIAL SITES. INC.: according to the Plat thereof as recorded in Plat Book 46 at Page 42 of the Public Records of Miami —Dade County, Florida. FOR: DIAMANT HOLDING, LLC. SURVEYOR'S NOTES: 1) This survey was conducted for the purpose of a "Topographic Survey" only and 1s not intended to delineate the regulatory jurisdiction of any federal, state, regional or local agency, board, commission or other entity. 2) The accuracy obtained by measurements and calculations on this survey, meets and exceeds the Standards of Practice requirements for a Suburban area (1 foot in 7,500 feel) as specified in Chapter 51-17, Florida Administrative Code. 3) The North arrow direction shown herein is based on an assumed Meridian. 4) In some cases graphic representation have exaggerated to more clearly illustrate a particular area where dimensions shall have preference over graphic location. 5) Legal description was provided by the client and is subject to any dedications, limitations, restrictions rese ations or easements of re cord. 6) Elevations shown referred to N.G.V.D. (1929): Miami —Dade Countybench mark No.: X-2—R 1958, elevation: 7.65 feet. 7) Examination of the Abstract of Title will have to be made to determine recorded instruments, if any affecting the property; search of Public Records not performed by this office. B) No effort was made by this office to locate any underground utilities and/or structures within or abutting the subject properly. 9) This survey has been prepared for the exclusive use of the entities named hereon only and the certifications hereon do not extend to any unnamed parties. 10)According to the National Flood Insurance Program the subject property falls in Community No.: 120650, Panel No.: 0304, Suffix: L, Date of FIRM: 09-11-2009, Flood Zone: X. 11) Contact the appropriate authorities prior to any design work on the hereon —described parcel for Building and Zoning information. 12) Professional Land Surveyor and Mapper in responsible charge: Rolando Ortiz LS 4312, State of Florida. 13) This survey is not valid without the signature and the raised seal of a Florida Licensed Land Surveyor and Mapper.