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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 4267 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, APPROVING AN EXCEPTION PURSUANT TO SECTION 12-2(A) THROUGH 12-2(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW FOR AN ADDITIONAL TWENTY-FIVE (25) AMUSEMENT GAMES OR MACHINES, WHERE FOUR (4) ARE ALLOWED BY RIGHT, FOR A TOTAL OF TWENTY-NINE (29) AMUSEMENT GAME MACHINES WITHIN AN EXISTING BUILDING LOCATED WITHIN A "T6-8-O," URBAN CORE OPEN TRANSECT ZONE, THAT ALLOWS FOR A FAMILY DINING AND ENTERTAINMENT DESTINATION, TO BE KNOWN AS PETER PIPER PIZZA, AT APPROXIMATELY 3749 NORTHWEST 7 STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3749 Northwest 7 Street [Commissioner Wifredo (Willy) Gort - District 1 ] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Peter Piper Pizza, Inc. PURPOSE: This will allow for a total of twenty-nine (29) amusement game machines in an existing family dining and entertainment space that will be known as Peter Piper Pizza. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. City of Miami Legislation Resolution Enactment Number: R-18-0299 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4267 Final Action Date:7/12/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, APPROVING AN EXCEPTION PURSUANT TO SECTION 12-2(A) THROUGH 12-2(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW FOR AN ADDITIONAL TWENTY- FIVE (25) AMUSEMENT GAMES OR MACHINES, WHERE FOUR (4) ARE ALLOWED BY RIGHT, FOR A TOTAL OF TWENTY-NINE (29) AMUSEMENT GAME MACHINES WITHIN AN EXISTING BUILDING LOCATED WITHIN A "T6-8-O," URBAN CORE OPEN TRANSECT ZONE, THAT ALLOWS FOR A FAMILY DINING AND ENTERTAINMENT DESTINATION, TO BE KNOWN AS PETER PIPER PIZZA, AT APPROXIMATELY 3749 NORTHWEST 7 STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Peter Piper, Inc. and Hayday, Inc. (collectively, "Applicant") are the owners of the property located at 3749 Northwest 7 Street, Miami, Florida, as legally described in Exhibit "A" ("Property"); and WHEREAS, the Applicant submitted a request for a Special Appearance for an Exception pursuant to Sections 12-2(a) through (c) of the Code of the City of Miami, Florida, as amended ("City Code"), to allow for more than four (4) amusement games or machines ("Arcade Machines") in conjunction with the operation of a restaurant within a "T6-8-O," Urban Core Open Transect Zone; and WHEREAS, the Applicant seeks to establish a restaurant that would provide Arcade Machines for kids and their parents to enjoy in a family setting; and WHEREAS, Section 12-2(b) of the City Code states that there shall be no more than four (4) Arcade Machines issued to an operator per location and that more than four (4) Arcade Machines at a particular location will require further review from the Departments of Planning and Zoning and will require that the location be approved by a four -fifths (4/5) affirmative vote of the City Commission; and WHEREAS, Section 12-2(b) of the City Code states, in pertinent part, that more than four (4) Arcade Machines at a location are only allowed in zoning transects T6-O or above; and WHEREAS, the Applicant is proposing to install a total of twenty-nine (29) Arcade Machines, such as rides, video games, bill changers, and ticket counters solely geared towards children's use and entertainment; and WHEREAS, the restrictions to a maximum of twenty-nine (29) Arcade Machines includes counting prize tickets, exchanging cash, and rides; and WHEREAS, if the Applicant of the establishment wishes to provide outdoor dining, it shall apply and secure a Warrant for outdoor seating pursuant to Article 6, Section 6.3.2.1 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the proposed Arcade Machines will be part of a restaurant use which may provide twenty (20) to thirty (30) new jobs in District 1; and WHEREAS, City of Miami ("City") Staff finds the Exception to allow more than four (4) Arcade Machines geared towards children within a restaurant located in a strip mall, as requested, is consistent with the goals of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the requested use, design, and layout is compatible with the surrounding neighborhood; and WHEREAS, the subject Exception is consistent with the goals of the MCNP Policy LU 1.4.14 and would further reinforce the goals by creating additional job opportunities within the immediate neighborhood; and WHERAS, the City Commission has found that the request complies with all applicable regulations; and WHEREAS, this approval shall not be construed to grant approval to amusement game machines in contravention of Section 12-6 of the City Code, which prohibits certain amusement games or machines, such as those used for gambling or as a game of chance as stated in Sections 849.15-859.22, Florida Statutes, as more particularly described in Section 12-6 of the City Code; and WHEREAS, the subject amusement game machines shall not be in contravention of Section 12-6 of the City Code; and WHEREAS, the City Commission, after careful consideration of this matter, finds that it is in the best interest of the general welfare of the City and its inhabitants to approve the Exception request; NOW, THEREFORE, BE IT RESOLVED BY THE 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 Exception, pursuant to Sections 12-2(a) through (c) of the City Code, to allow more than four (4) Arcade Machines in conjunction with the operation of a restaurant within a "T6-8-O," Urban Core Open Transect Zone, is approved with the conditions as stated below: 1. The development shall be substantially in accordance with the plans entitled, Dimensioned Floor Plan "Peter Piper," prepared by Craig I. Cahen, Register Architect (Sheet A1.0 on February 8, 2018). 2. If the Applicant wishes to provide outdoor dining, it shall apply and secure a Warrant for outdoor seating pursuant to Article 6, Section 6.3.2.1 of the Miami 21 Code. 3. At the time of license renewal, the Applicant or current owner of the business shall provide the Office of Zoning a report containing the number and type of Arcade Machines installed pursuant to this Exception approval. 4. The Applicant shall comply with the requirements of all applicable departments/agencies as part of the City's building permit process. 5. Failure to comply with these conditions of approval may trigger the revocation of this Exception. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 7/2/2018 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.