HomeMy WebLinkAboutPZAB (2464) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-17-063
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 2464
Final Action Date: 10/16/2017
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATTACHMENT(S), APPROVING, WITH CONDITIONS AND SUBJECT TO CITY
COMMISSION APPROVAL, 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 BAR IN A GENERAL URBAN
TRANSECT ZONE (T4-L) FOR THE PROPERTY LOCATED AT APPROXIMATELY
5300 NW 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, 5300 NW 2 Ave, LLC ("Applicant") has requested an Exception 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 Bar with a 4COP quota alcoholic beverage license within a
General Urban Transect Zone (T4-L); and
WHEREAS, the subject property is located at 5300 NW 2 Avenue and 5310 NW 2
Avenue, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated,
and located within the Little Haiti NET area; and
WHEREAS, the Applicant desires to remodel a two-story structure located on the
Property for a Bar use on the ground floor and a Residential/Lodging use on the second floor;
and
WHEREAS, the structure's first recorded certificate of use was established in 1978 with
the business name of 5300 Bar & Package; and
WHEREAS, certificates of use over time included general commercial space and multi-
family housing with the following business names: 5300 Bar & Package, Bige Package Lounge,
Cafe Hip Hop and R&B Inc., and Big E Lounge LLC; and
WHEREAS, City of Miami's ("City") Code Enforcement records show a pending code
violation (BB2016006143) for Failure to Obtain the Required 40-50 Year Recertification
Process; and
WHEREAS, Section 7.1.3.7 of Miami 21 states that "No approval may be issued if the
business, enterprise, occupation, trade, profession, Property or activity is the subject of an
ongoing City enforcement procedure, or is the subject of a notice of violation of a state law or
county ordinance where the business enterprise is located or is to be located, unless the subject
of the application would cure the outstanding violation"; and
City of Miami Page 1 of 4 File ID: 2464 (Revision: B) Printed On: 10/20/2017
WHEREAS, the City's Chief of Unsafe Structures, Rene 1. Diaz, has opined that if the
subject Exception is granted by the Planning, Zoning and Appeals Board ("PZAB") subject to
City Commission approval, the resulting building permits will cure the Failure to Obtain the
Required 40-50 Year Recertification Process violation; and
WHEREAS, Chapter 4, Section 4-3.1(4) of the City Code states that the permitted hours
for the sale of alcoholic beverages in a Bar are weekdays, including Saturday, from 7:00 a.m. to
3:00 a.m. on the following day and Sunday, from 12:00 noon to 3:00 a.m. on the following day;
and
WHEREAS, the Applicant proposes to operate "Gramps II" on weekdays from 7:00 a.m.
to 3:00 a.m. on the following day and on weekends from 7:00 a.m. to 5:00 a.m. the following day
(with the sale of alcoholic beverages commencing at 12:00 noon on Sunday); and
WHEREAS, the proposed business plan includes offering food service for patrons during
all hours of operation, including breakfast service on weekends; and
WHEREAS, Buena Vista Park ("Park") is located adjacent to the Property; and
WHEREAS, the Park provides after school, summer camp, winter camp, and spring
break camp programs; and
WHEREAS, the Park is open from sunrise to sunset and includes a recreation building
open from 12;00 p.m. to 6:00 p.m.; and
WHEREAS, a private daycare facility is located 538 feet away along the route of
ordinary pedestrian traffic from the Property; and
WHEREAS, the daycare facility utilizes the Park; and
WHEREAS, the Property is located on a lot with a land use designation of Restricted
Commercial (RC); and
WHEREAS, this land use designation allows commercial activities that generally serve
the daily retailing and service needs of the public, often located along arterial or collector
roadways; and
WHEREAS, NW 2 Avenue represents a collector road and, therefore, the proposed Bar
use complies with the land use designation; and
WHEREAS, the Department of Planning has reviewed the application and finds that the
proposed Bar use is in line with previous uses, is allowed by the City Code, and aligns with uses
within the Comprehensive Plan; and
WHEREAS, the Applicant is not proposing outdoor seating, live music, or entertainment
which reduces the potential of the use becoming a nuisance to nearby residences; and
WHEREAS, nevertheless, due to the location of the proposed Bar and context of the
surrounding community, the Department of Planning believes the proposed hours of operation
should be reduced to limit the potential for negative impacts on the surrounding neighborhood;
City of Miami Page 2 of 4 File ID: 2464 (Revision: B) Printed On: 10/20/2017
and
WHEREAS, the Department of Planning recommends approval of the Exception with the
conditions; 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 public, there is
substantial evidence in the record to recommend approval of the Exception with conditions
subject to City Commission approval; and
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 Exception is granted with the following conditions:
1. The development shall be substantially in accordance with the attached plans as
prepared by Raimundez-Spellacy Architects consisting of nine (9) sheets dated
stamped received by the City's Hearing Boards Office on May 24, 2017;
2. The Alcohol Service Establishment shall not add outdoor patios, smoking areas,
or other congregating areas outside of the structure without the approval of a
Warrant;
3. 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 11:00 p.m. and 7:00 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, and repose of persons
in any dwelling, hotel, or other type of residence;
4. Any noise generated on site shall conform to Chapter 36 of the City Code;
5. The front door facing the corner of NW 53 Street and NW 2 Avenue frontages
shall be the main entrance and exit for patrons during all hours of operation. No
new entrances or exits shall face west;
6. A full time security guard or off -duty police officer shall be hired to monitor the
ingress and egress point for extended hours of operation;
7. No loitering or drinking outside of the establishment shall be permitted at any
time;
8. Adequate lighting shall be installed and maintained at all times for parking within
the property line and for the NW 53 Street and NW 2 Avenue frontages;
9. A closed video surveillance system shall record ground floor activities outside of
the Alcohol Service Establishment during all hours of operation, This includes
monitoring of the park frontage directly adjacent to the proposed establishment;
City of Miami Page 3 of 4 File ID: 2464 (Revision: B) Printed On: 10/20/2017
10. Install and maintain, in original condition, one "City of Miami No Trespassing"
sign for Buena Vista Park such that it can be easily viewed from the proposed
Alcohol Service Establishment;
11. The Alcohol Service Establishment shall be limited to the following hours of
operation: 7:00 a.m. to 3:00 a.m. Monday through Thursday, 7:00 a.m. to 3:00
a.m. Friday and Saturday, and 12:00 p.m. to 3:00 a.m. on Sunday;
12. The conditions of approval for this Exception are binding on the Applicant, the
property owner, operators, and all successors in interest and assigns. Any
change in the operator or a transfer or fifty percent (50%) or more of stock
ownership, partnership interest, or equivalent in the operator shall require review
and approval by the PZAB as a modification to this Exception. Subsequent
operators, as the case may be, shall be required to appear before the Board to
affirm their understanding of the conditions listed herein;
13. The Applicant shall comply with the requirements of all applicable departments
and agencies as part of the City's building permit submittal process;
14. Failure to comply with the conditions herein may result in the rescission of the
Exception; and
15. The Applicant shall maintain all portions of the right-of-way (both NW 2 Avenue
and NW 53 Street) abutting the property free of all litter and debris, including
those portions of the right-of-way along NW 53 Street fronting the Park.
Section 3. Pursuant to Chapter 4 of the City Code, this Exception is subject to approval
of the City Commission.
Section 4. This Resolution shall be effective immediately upon its adoption.
Franc`. co " a cia, Director
Depart --fit of Planning
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Exec/6oi
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Personally appeared before me, the undersigned authority, Cipko Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he �enxecute the foregoinngResolutic
SWORN AND SUBSCRIBED BEFORE ME THIS2D DAY OF 0cf0bev 2011.
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City of Miami Page 4 of 4 File ID: 2464 (Revision: B) Printed On: 10/20/2017
EXHIBIT "A"
LEGAL DESCRIPTION
The South 29 feet of Lot 24, the North 14.44 feet of Lot 25, and the South 43 feet of Lot 25, Less
the East 10 feet of each lot, in Block 12 of"SECOND AMENDED PLAT OF RAILWAY SHOPS
ADDITION," according to the Plat thereof, as recorded in Plat Book 3, Page 183, of the Public
Records of Miami -Dade County, Florida.
Said described lands containing 8,693 square feet, more or Tess (NET).
Also known as:
5300 NW 2 Avenue, Miami, Florida 33127 (Folio No. 01-3124-013-2330)
5310 NW 2 Avenue, Miami, Florida 33127 (Folio No. 01-3124-013-2320)
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