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Planning Department
ANALYSIS FOR
EXCEPTIONS AND WARRANT
Staff Analysis Report No.
PZ-20-7121
Location
261 Northeast 73 Street
Folio Number
0132070120080
Miami 21 Transect
"D2" — Industrial District Zone
MCNP Designation
Industrial
Commissioner District
District 5 — Commissioner Christine King
Commissioner District Office
Little Haiti
Planner
Leeann Parker, Planner I (Iparker@miamigov.com)
Property Owner
Kimberly Ann Diamant and The KD Family Trust
Project Representative
Ben J. Fernandez, Esq. (BFernandez@brzoninglaw.com)
A. REQUEST
Pursuant to Article 7, Sections 7.1.2.6 and 7.1.2.4 of Ordinance 13114 ("Miami 21 Code"), as
amended, and Chapter 4 - Alcoholic Beverages of the City Code of Ordinances ("City Code"),
as amended, Ben J. Fernandez, Esq., on behalf of Kimberly Ann Diamant and The KD Family
Trust, (the "Applicant") requests two (2) Exceptions and one (1) Warrant at the real property
designated "D2" Industrial District Zone located at 261 Northeast 73 Street, Miami, Florida
(the "Property"), as follows:
1. Exception, pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of Miami 21
Code and Chapter 4, Section 4-7(c) of the City Code to permit, with City Commission
approval, an Alcohol Service Establishment in excess of 5,000 square feet.
2. Exception, pursuant to Article 7, Section 7.1.2.6 of Miami 21 Code and Chapter 4 —
Alcoholic Beverages, Sections 4-3(a) and 4-7(c) of the City Code to permit, with City
Commission approval, an extension of hours at an Alcohol Service Establishment to
5:00 a.m.
3. Warrant pursuant to Article 6, Section 6.3.2.1 and Article 7, Section 7.1.2.4 of Miami
21 to permit Outdoor Dining.
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 1
08/05/24
B. RECOMMENDATION
Pursuant to Article 4, 5, 6, and 7 of Miami 21, as amended, and Chapter 4 - Alcoholic
Beverages, of the City Code of Ordinances, as amended, the Planning Department
recommends Approval with Conditions of the requested Exceptions and Warrant based
upon the facts and findings in this staff report.
C. PROJECT DATA
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
"D2" — Industrial District Zone
Industrial
Streets and Roads, except
Expressways and Private
Drives
South
FEC Railway
Industrial
Railroads —Terminals,
Trackage, and Yards
East
"D2" — Industrial District Zone
Industrial
Streets and Roads, except
Expressways and Private
Drives
West
"D2" — Industrial District Zone
Industrial
Industrial
D. BACKGROUND
Site Location
The Property is located at the Northwest corner of Northeast 73 Street and Northeast 3 Court,
west of Northeast 2 Avenue and south of Northeast 75 Street.
Figure 1: Aerial of Subject Site
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 2
08/05/24
E. ANALYSIS
Two (2) Exceptions pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of 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 to 5:00 a.m.
Miami 21 Code
Criteria 1: "The review shall consider the manner in which the proposed Use will operate
given its specific location and proximity to less intense Uses..."
Analysis 1: The proposed Alcohol Service Establishment Use is not in proximity to less
intense Uses as the proposed area is adjacent to more intense Industrial Uses. Any noise
generated onsite shall comply with noise regulations and requirements set forth in Chapter 36
of the City of Miami Code, as amended.
Findings 1: Complies
Criteria 2: Article 4, Table 12, "Ensure transitions of Density, Intensity, and Height that
complement the Neighborhood context."
Analysis 2: The proposed Alcohol Service Establishment does not impact the Density or
Height of the proposed Use. The Intensity of the Use is cohesive with the existing Uses found
within the Neighborhood, such as Industrial, General Commercial, Institutional, Multi Family
Residential, and Single Family Residential.
Findings 2: Complies
Criteria 3: Article 4, Table 12, "Calibrate Density, Intensity, and Uses to facilitate walkability
and promote transit use."
Analysis 2: The Intensity and the Use itself facilitate walkability and promote transit use based
on proximity to bus stops within the Transit Corridor, in addition to proximity to General
Commercial, Industrial, Institutional, Multi Family Residential, and Single Family Residential
Uses. These aspects contribute to pedestrian activity, and in turn to transit use, due to the
ease of navigating throughout the Neighborhood without reliance on personal vehicles.
Findings 2: Complies
Chapter 4 — Alcohol Beverages
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 3
08/05/24
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 1: According to the Applicant's operational plan, the proposed Alcohol Service
Establishment will operate from seven (7) days a week from noon to 3:00 PM and from 5:00
PM to 5:00 AM. Kimberly Diamant and the KD Family Trust, the operator, will have
approximately 25 employees. The indoor area and outdoor dining area will both be serviced
from a central kitchen area described on the proposed plan.
Findings 1: Complies
Criteria 2: A parking plan which fully describes where and how the car park 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 2: Based on the building's additional area, a total of three (3) parking spaces are
required. The Applicant is proposing to provide five (5) on -street parking spaces along
Northeast 73 Street, permitted through an agreement with the Miami Parking Authority. The
Applicant contacted the Florida East Coast Railroad (FEC); the FEC confirmed they have
space available to lease to the Applicant along Northeast 73 Street within the FEC Right -of -
Way that can accommodate up to thirteen (13) additional spaces.
Findings 2: 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 3: The arrival of patrons will be managed by the on -site security. There will be
personnel assigned to greet patrons at the door. The restaurant will offer reservations and
online booking options, which will help in anticipating customer arrival and managing potential
queues. If necessary, patrons will be required to que within the long sidewalk area along
Northeast 73 Street before entering.
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 4
08/05/24
Findings 3: Complies
Criteria 4: A security plan for the Alcohol Service Establishment and any parking facility.
Analysis 4: The Alcohol Service Establishment will be employing its own security guards and
off -duty City of Miami police officers during busy periods. The general policy will be to have
both a man and woman operating as host at the front door. The security guard will also wear
a bodycam and communicate with managers through a radio system. Communication
amongst the various employees will ensure that the bar is operated professionally and in line
with current security standards.
Findings 4: 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 5: The Property is located in a remote Industrial area abutting the FEC railroad
tracks. Cars can only approach the Property either along Northeast 73 Street or Northeast 3
Court. Both streets terminate at the Property and are non-residential within the vicinity. Given
the fact that the busiest hours will be in the evening and on weekends, traffic generation will
have a nominal effect on the surrounding roadways. In addition, the roadway impacts
associated with patrons arriving by car will be minimal as there is no traffic congestion at any
time in the immediate area.
Findings 5: 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 6: Sanitation services will be provided by a private hauler, Waste Connections, daily.
In addition, employees will be assigned to inspect and maintain the swale areas in the vicinity
of the Property along Northeast 73 Street and Northeast 3 Court daily.
Findings 6: Complies
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 5
08/05/24
Criteria 7: Proximity of the proposed Alcohol Service Establishment to districts residential.
Analysis 7: The Property is located approximately six -hundred and sixty-nine feet (669') from
a Residential district. Pursuant to Chapter 4, Section 4-4(f), the minimum requirement is five
hundred feet (500').
Findings 7: 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 8: The Property is located more than two -hundred feet (200') from a Residential Use
and is not required to provide a noise attenuation plan.
Findings 8: Complies
Miami 21 Code
Warrant pursuant to Article 6, Section 6.3.2.1 and Article 7, Section 7.1.2.4 of Miami 21
permits Outdoor Dining.
Criteria 1: The application shall be reviewed for compliance with this Code.
Analysis 1: Pursuant to Article 6, Section 6.3.2.1, Outdoor Dining is allowed by process of
Warrant. The proposed Outdoor Dining is in compliance with the Miami 21 Code through the
Warrant request.
Findings 1: Complies
Criteria 2: The review shall consider the intent of the Transect.
Analysis 2: Pursuant to Article 4, Table 1, the District Zone ("D") "consists of the least
regulated Building and accommodates commercial and industrial Uses of a scale and with a
Streetscape that facilitate vehicular access." The Outdoor Dining is proposed in conjunction
with an Alcohol Service Establishment, contributing to the growing need for Commercial
facilities within this mostly Industrial Neighborhood.
Findings 2: Complies
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 6
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Criteria 3: The review shall consider the guiding principles of the Miami 21 Code.
Analysis 3: Pursuant to Article 2, Section 2.1.3.2.c, "The ordinary activities of daily living
should occur within walking distance of most dwellings, allowing independence to those who
do not drive." The Outdoor Dining area in conjunction with the Alcohol Service Establishment
is within an approximately one -minute walk of Residential Dwelling Units, improving the
walkable nature of the Neighborhood and providing alternative means of travel aside from
cars.
Findings 3: Complies
Criteria 4: The review shall consider the manner in which the proposed Use will operate given
its specific location and proximity to less intense Uses.
Analysis 4: The proposed Outdoor Dining Use is not in proximity to less intense Uses as the
proposed area is adjacent to more intense Industrial Uses. Any noise generated onsite shall
comply with noise regulations and requirements set forth in Chapter 36 of the City of Miami
Code, as amended.
Findings 4: Complies
Criteria 5: Article 4, Table 12, "Ensure transitions of Density, Intensity, and Height that
complement the Neighborhood context."
Analysis 5: The proposed Outdoor Dining area does not impact the Density or Height of the
proposed Use. However, in conjunction with the proposed Alcohol Service Establishment, the
Outdoor Dining area increases the Intensity of the Property through an addition of 208 seats.
The increase in Intensity complements the Neighborhood context as the location of the
proposed Outdoor Dining area is not disruptive to pedestrian circulation. The Outdoor Dining
Use is cohesive with the existing Uses found within the Neighborhood, such as General
Commercial, Industrial, Institutional, Multi Family Residential, and Single Family Residential.
Findings 5: Complies
Criteria 6: Article 4, Table 12, "Calibrate Density, Intensity, and Uses to facilitate walkability
and promote transit use."
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 7
08/05/24
Analysis 6: The Intensity and the Use itself facilitate walkability and promote transit use based
on proximity to bus stops within the Transit Corridor, in addition to proximity to General
Commercial, Industrial, Institutional, Multi Family Residential, and Single Family Residential
Uses. These aspects contribute to pedestrian activity, and in turn to transit use, due to the
ease of navigating throughout the Neighborhood without reliance on personal vehicles.
Findings 6: Complies
F. FINDINGS
• Pursuant to Article 4, Table 13 and Article 6, Section 6.1, Table 13 of the Miami 21 Code
and Chapter 4, Sections 4-3(a) and 4-7(c) of City Code an Alcohol Service Establishment
in excess of 5,000 sq. ft. and an extension of hours to 5:00 am in the "D2" Industrial
Transect Zone is allowed by process of Exception, with City Commission Approval.
• Pursuant to Article 6, Section 6.3.2.1 of the Miami 21 Code, Outdoor Dining in the "D2"
Industrial Zone is allowed by process of Warrant.
• The Applicant's received an approved Alcohol Reservation Letter (PZ-24-17628) with
batch -stamp date of 03/28/2024.
• It is found that the proposed Outdoor Dining area is contained within the boundaries of the
Property and has been designed effectively not to disrupt the safe flow of pedestrians on
the public right-of-way.
• Pursuant to Article 7, Sections 7.1.2.6 and 7.1.2.4.d, 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 specified 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: the Office of Zoning, the Department of
Resilience and Public Works, and the Environmental Resources Division.
• Pursuant to Article 7, Sections 7.1.2.6 and 7.1.2.4.d of the Miami 21 Code, the City of
Miami Zoning Ordinance, the application has been reviewed and found sufficient.
G. CONCLUSION
Pursuant to Article 7, Sections 7.1.2.6, 7.1.2.4, Article 4, Table 3, and Article 6, Section 6.1,
Table 13, and Article 6, Section 6.3.2.1 of the Miami 21 Code and Chapter 4 - Alcoholic
Beverages, Sections 4-3(a) and 4-7(c) of the City Code, the Planning Department
recommends Approval with Conditions for two (2) Exceptions and one (1) Warrant, as
presented with the following conditions:
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 8
08/05/24
H. CONDITIONS
1. The Project shall be developed in accordance with the plans and supporting documents
submitted, 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 Miami
21
3. The Applicant, owner, or 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, 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.
6. The Applicant, owner, or successor shall meet the conditions 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 site to ensure compliance with the conditions as
listed.
Alcohol Service Establishment Conditions
10. This Alcohol Service Establishment is approved for approximately 13,939 square feet as
depicted in the batch -stamped plans and supporting documents.
11. The Alcohol Service Establishment shall be limited to the following hours of operation:
seven (7) days a week from noon to 3:00 PM and from 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
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 9
08/05/24
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.
13. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation.
14. Per Miami City Code Chapter 4, no loitering or drinking outside of the establishment shall
be permitted at any time.
15. 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.
Outdoor Dining Conditions
16. 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.
17. All tables, seating, furnishings, and other such associated material located in the Outdoor
Dining Area must be completely removable within twenty-four (24) hours.
18. The Alcohol Service Establishment, including the Outdoor Dining Area, shall be in
compliance with ADA separation requirements.
19. The Applicant shall provide a minimum of 18" from back-to-back for each chair to other
chairs or structure.
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 10
08/05/24
DocuSigned by:
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David Snow
Interim Planning Director
(.DocuSigned by:
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Sevanne Steiner, CNU-A
Assistant Planning Director
DocuSigned by:
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Leeann Parker
Planner I
NOTICE
The Final Decision may be appealed to the 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
httas://www.miamiaov.com/Services/Solve-a-Problem/ADaeal-a-Warrant-or-a-Waiver.
Staff Analysis Report No. PZ-20-7121 261 NE 73 ST — Page 11
08/05/24
MIAMI 21 ATLAS (EXISTING)
EPLAN ID: PZ-20-7121
EXCEPTION
ADDRESS: 261 NE 73 ST
0
1
i
140 280
1
i
i
i
560 Feet
1
AERIAL
EPLAN ID: PZ-20-7121
EXCEPTION
ADDRESS: 261 NE 73 ST
0
1
135
270
1
I
I
I
540 Feet
1