HomeMy WebLinkAboutR-18-0350City of Miami
Resolution R-18-0350
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3181 Final Action Date: 7/26/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS AN EXCEPTION FOR EXTENDED HOURS
OF OPERATION 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 ("CITY CODE"), TO ALLOW A BAR TO OPERATE
FOR EXTENDED HOURS IN A GENERAL URBAN TRANSECT ZONE (T4-L)
FOR THE PROPERTY LOCATED AT APPROXIMATELY 5300 AND 5310
NORTHWEST 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 Northwest 2 Avenue, LLC ("Applicant") has applied for 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 Code"), and Chapter 4 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 and 5310 Northwest 2 Avenue,
Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated
("Property"), and located within the Little Haiti Neighborhood Enhancement Team ("NET") area;
and
WHEREAS, the Applicant desires to remodel a two (2) 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 City
Code violation (BB2016006143) for Failure to Obtain the Required 40-50 Year Recertification
Process; and
WHEREAS, Section 7.1.3.7 of the Miami 21 Code states that "[n]o 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 5 File ID: 3181 (Revision: B) Printed On: 4/3/2025
File ID: 3181 Enactment Number: R-18-0350
WHEREAS, the City's Chief of Unsafe Structures, Rene I. Diaz, has professionally
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 of the City Code was amended on or about January 25, 2018
("Chapter 4 Amendment") defining Alcohol Service Establishment as any establishment that
sells or offers for sale Alcoholic Beverages for consumption on the premises as a principal Use
including Bars; and
WHEREAS, the Chapter 4 Amendment, specifically Sections 4-3(a) and 4-7(c) of the
City Code, provides that the permitted hours of operation for the sale of Alcoholic Beverages in
an Alcohol Service Establishments is Monday through Saturday from 11:00 a.m. to 3:00 a.m.
and Sunday from 12:00 p.m. to 3:00 a.m. and permits the extension of hours to 5:00 a.m. by
Exception with final approval by the City Commission; and
WHEREAS, the Applicant proposes in its application for this Exception to extend the
sale of Alcoholic Beverages at "Gramps II" on weekdays until 3:00 a.m. and until 5:00 a.m. on
Saturdays and Sundays; 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 ("Facility") is located 538 feet away along the route
of ordinary pedestrian traffic from the Property; and
WHEREAS, the Facility utilizes the Park; and
WHEREAS, the distancing requirements for sale of Alcoholic Beverages as established
in Chapter 4 of the City Code is 300 feet from a Religious Facility or a School; and
WHEREAS, the there is no violation of the foregoing distance requirement; and
WHEREAS, it is in the interests of the public health, safety, and general welfare of the
City and its residents that the Applicant rehabilitate, remodel, and bring the structure on the
Property into compliance with the Florida Building Code and all other applicable regulations; 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
City of Miami Page 2 of 5 File ID: 3181 (Revision: B) Printed on: 4/3/2025
File ID: 3181 Enactment Number: R-18-0350
WHEREAS, Northwest 2 Avenue represents a collector road and, therefore, the Bar Use
complies with the Land Use designation; and
WHEREAS, the Planning Department has reviewed the application and found 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, due to the location of the proposed Bar and context of the surrounding
community, the Planning Department believes the proposed hours of operation should be
reduced to limit the potential for negative impacts on the surrounding neighborhood; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on
October 16, 2017, considered Item No. PZAB.3, and following an advertised public hearing,
adopted Resolution No. PZAB-R-17-063 by a vote of nine to zero (9-0), approving the Exception
with conditions subject to City Commission final approval pursuant to Chapter 4 of the City
Code; and
WHEREAS, the PZAB granted this Exception to the Applicant provided that only the City
Commission may approve the extended hours of operation beyond 3:00 a.m. for the sale of
Alcoholic Beverages as requested by the Applicant; 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
competent substantial evidence in the record to approve the Exception with conditions;
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 is granted with the following conditions:
A. The development shall be substantially in accordance with the plans as prepared
by Raimundez-Spellacy Architects consisting of nine (9) sheets date stamped
received by the City's Hearing Boards Office on May 24, 2017, which are
deemed as being incorporated by reference herein;
B. The Alcohol Service Establishment shall not add any outdoor patios, smoking
areas, or other outdoor congregating areas outside of the structure without the
prior approval pursuant to a Warrant;
C. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical
instruments, digital music media, 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 enjoyment,
comfort, and repose of persons in any dwelling, hotel, or other type of residence;
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File ID: 3181 Enactment Number: R-18-0350
D. Any noise generated on site shall conform to Chapter 36 of the City Code;
E. The front door facing the corner of Northwest 53 Street and Northwest 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;
F. A full-time security guard or off -duty police officer shall be hired to monitor the
ingress and egress point during the extended hours of operation;
G. No loitering or drinking outside of the establishment shall be permitted at any
time;
H. Adequate lighting shall be installed and maintained at all times for parking within
the property line and for the Northwest 53 Street and Northwest 2 Avenue
frontages;
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 Alcohol Service
Establishment;
J. Install and maintain, in original condition, one "City of Miami No Trespassing"
sign for the Park such that it can be easily and clearly viewed from the Alcohol
Service Establishment;
K. The Alcohol Service Establishment shall be strictly limited to the following hours
of sale of alcoholic beverages : 11:00 a.m. to 5:00 a.m. Monday through
Saturday, and 12:00 p.m. to 5:00 a.m. on Sunday;
L. The conditions of approval for this Exception are binding on the Applicant,
property owner, operators, heirs, and all affiliates, subsidiaries, successors, and
assigns. Any change in the operator or a transfer of fifty percent (50%) or more of
stock ownership, partnership interest, limited liability company shares, or
equivalent in the operator shall require prior review and approval by the PZAB as
a modification to this Exception. Subsequent operators shall be required to
appear before the PZAB to affirm their understanding of the conditions listed
herein and may be questioned by the PZAB and staff accordingly;
M. The Applicant shall comply with the requirements of all applicable departments
and agencies as part of the City's Building and Zoning permit submittal process;
N. Failure to comply with the conditions herein may result in the rescission of the
Exception; and
O. The Applicant shall maintain all portions of the right-of-way (both Northwest 2
Avenue and Northwest 53 Street) abutting the property free of all litter and debris,
including those portions of the right-of-way along Northwest 53 Street fronting the
Park.
City of Miami Page 4 of 5 File ID: 3181 (Revision: B) Printed on: 4/3/2025
File ID: 3181 Enactment Number: R-18-0350
Section 3. This Resolution shall be effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
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 5 of 5 File ID: 3181 (Revision: B) Printed on: 4/3/2025