HomeMy WebLinkAboutR-18-0299City of Miami
Resolution R-18-0299
Legislation
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 (4/5THS) 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.
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
City of Miami Page 1 of 3 File ID: 4267 (Revision:) Printed On: 4/1/2025
File ID: 4267 Enactment Number: R-18-0299
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:
City of Miami Page 2 of 3 File ID: 4267 (Revision:) Printed on: 4/1/2025
File ID: 4267 Enactment Number: R-18-0299
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.
City of Miami Page 3 of 3 File ID: 4267 (Revision:) Printed on: 4/1/2025