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HomeMy WebLinkAbout(2911) - PZAB Resolutionti- • 4-1;1., uaur r'rx t+`�� City of Miami PZAB Resolution Enactment Number: PZAB-R-17-076 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 2911 Final Action Date: 10/18/2017 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), SUBJECT TO CITY COMMISSION APPROVAL, APPROVING WITH CONDITIONS AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A SUPPER CLUB IN A PARCEL WITH SPLIT ZONING ("T6-8-O", URBAN CORE TRANSECT ZONE, AND "T3-O", SUB -URBAN TRANSECT ZONE) FOR THE PROPERTY LOCATED AT APPROXIMATELY 2300 NW 36 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Studio 60 Cafe and Nightclub, Inc. ("Applicant") has requested an Exception subject to City Commission approval pursuant to Article 4, Table 3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21"), and Chapter 4, Section 4-3 of the Code of the City of Miami, Florida, as amended ("City Code"), to allow a Supper Club with a 4COP quota alcoholic beverage license in a property with split zoning ("T6-8-0", Urban Core Transect Zone, and "T3-0", Sub -Urban Transect Zone); and WHEREAS, the subject property, as more particularly described in Exhibit "A", is located at 2300 NW 36 Street, Miami, Florida and is within the Allapattah NET area ("Property"); and WHEREAS, the Property has a Certificate of Use for a Restaurant which operates in an existing two-story structure located on the northern portion of the Property which is designated "T6-8-0", Urban Core Transect Zone, while the surface parking lot is located in the southern portion of the Property and is designated "T3-0", Sub -Urban Transect Zone; and WHEREAS, the Applicant proposes to operate a Supper Club within the existing two- story structure located on the northern portion of the Property which is designated "T6-8- 0", Urban Core Transect Zone, without any interior renovations or additions; and WHEREAS, the Applicant proposes to operate 'Studio 60" on Thursdays, Fridays, and Saturdays from 8:00 P.M. through 5:00 A.M. the following day, and during special occasions such as New Year's Eve, Halloween, and other similar holidays; and WHEREAS, the requested use of a Supper Club is allowed in a "T6-8-0", Urban Core Transect Zone, but is not allowed in a "T3-0", Sub -Urban Transect Zone; and WHEREAS, the Department of Planning recommended denial of the Exception as presented; and City of Miami Page 1 of 3 File ID: 2911 (Revision:) Printed On: 11/3/2017 WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting held on October 18, 2017, considered this PZAB Item No. 5, and voted 5 to 4, to recommend the Exception with the following conditions: 1, This approval is limited to the Supper Club to be operated by "Studio 60 Cafe and Nightclub, Inc." on the Property, owned by "Aspen Realty Management, LLC'. 2. Any change of fifty percent (50%) or more of the ownership, operator, or modification in the composition of the shareholders of corporations involved in ownership of the Property or operation of the business shall trigger the requirement for a new Exception before the PZAB with City Commission approval. 3. The Occupancy Load provided by the Department of Fire -Rescue is 970 patrons. Any increase of this occupancy shall be reviewed by the Department of Planning and the Applicant shall provide a revised traffic and parking study with a methodology previously approved by the City of Miami's ("City") Office of Transportation. 4. The approval authorizes the Supper Club to operate within the hours of operation authorized by Chapter 4 of the City Code. 5. The Applicant shall comply with the Chapter 36 of the City Code. Proper insulation must be provided to prevent music and noise affecting adjacent businesses in the same industrial complex and neighboring residential uses. 6. The Applicant must work with the Department of Planning to provide additional architectural treatment to the surface parking lot and to bring it in further compliance with Miami 21. Specifically, the Applicant must address: • Concealment of vehicles • Reduction in the impact of lighting. • Reduction in the impact of noise. • Prevent patrons' ingress and egress through the residential neighborhood. 7. The Applicant must comply with the landscape requirements of Miami 21. 8. The Applicant's fencing must comply with Miami 21 and City building permit requirements. 9. The Applicant must provide proof of registration with the City's Solid Waste Department. 10. The Applicant shall comply with the recommendation provided by the "Traffic Study and Circulation Analysis" which states: "It is the recommendation of this analysis, in order to minimize traffic impacts from the subject property on the residential neighborhood to the south, that all exiting vehicles be required to proceed northbound on 23rd Avenue to 36th Street upon exiting the property parking lot. This restriction can be accomplished by the installation of a tuning [sic] restriction sign (Left Turn Only) at the parking lot exit location." 11. If additional parking or variations on the proposed parking plan occur, a revised parking plan shall be provided to the Planning Department for approval. If additional parking must be provided, any contracts for off -site parking must be reviewed and approved by the Planning Department. The preference is to contract with neighboring commercial property owners that have excess available parking. 12. The Applicant must provide and maintain video recording for surveillance on the perimeter of the building and adjacent surface parking lot. City of Miami Page 2 of 3 File ID: 2911 (Revision:) Printed On: 11/3/2017 13. If the Supper Club project is developed in phases prior to the issuance of a building permit, the Applicant shall submit for review and approval to the Planning Director the phasing time- table, including the proposed areas for the required parking spaces and color elevations including facade improvements program. 14. The Applicant shall comply with the requirements of all applicable departments/agencies as part of the City's building permit submittal process; 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 recommends the Exception be granted with conditions. Section 3. The conditions, as recommended by the Department of Planning and stated herein, are adopted as conditions of the Exception. Section 4. Pursuant to Chapter 4 of the City Code, this Exception is subject to approval of the City Commission. Section 5. This Resolution shall be effective immediately upon its adoption. Fra Cisco Garcia, Director De .naent of Planning Execution ate /9 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority D A ZcarYlpf4XClerk of the Planning, Zoning and Appeais Board of the City of Miami, Florida, and acknowledges that s/he executed he foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME TH19 ? DAY OF NOVeMl-Cie!201 S t\ o 60020 -e z Print Notary Name L Nota rPublic State of Florida Personally know l/' or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath My Commission Expires: iffrailo, - SILVIAGONZA MY COMMISSION # GOLEZ 6$156t EXPIRES: November 30, 2020 V?,P'Iy ,,uf��q.•• Bonded Thn+Notary Public Underwrites City of Miami Page 3 of 3 File ID: 2911 (Revision:) Printed On: 11/312017 EXHIBIT A LEGAL DESCRIPTION Lots 1, 2, 29 and 30, Block 1, New Haven, Subdivision, according to the plat thereof as recorded in Plat Book 6, Page 184 of the Public Records of Miami -Dade County, Florida Commonly referred to as 2300 NW 36 Street. Identified for tax purposes by folio number 01-3127-028- 0010.