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Planning Department
ANALYSIS FOR
Exception
Staff Analysis Report No.
PZ-18-332
Location
2898 NW 7 AVE
Folio Number
0131260090540
Transect Zone
T4
MCNP Designation
General Commercial
Commission District
District 1 - Wifredo "Willy" Gort
NET District
Allapattah
Planner
Kevin Martin, Planner II
Property Owner
Wynwood West LLC
Project Representative
Samuel A. Rubert, on behalf of Taberna Las Rosas
A. REQUEST:
The Applicant requests the following: 1) an Exception to establish an Alcohol Beverage Service
Establishment within a General Urban (T4-O) Transect Zone pursuant to Article 4, Table 3 of Ordinance
13114 ("Miami 21"), as amended; and 2) an Exception for extended hours of operation for an
Alcohol Beverage Service Establishment per City Code Chapter 4 Alcohol Beverages -Section
4-3, as amended.
B. BACKGROUND:
The subject site consists of approximately 5,250 square feet (0.12 acres) and is located with the General
Urban (T4-O) Transect Zone. The site is developed with an existing one-story, 4,608 square foot building.
The building is divided into two commercial bays fronting NW 29 Street. The Applicant currently occupies
the east half (2,200 square feet) of the structure. The west bay, 1,970 square feet, is currently vacant.
The Applicant currently operates an Alcohol Beverage Service Establishment, Taberna Las Rosas, in the
east bay and proposes to expand the use into the west bay. The interior of the building will be reconfigured
to operate throughout the building. The Alcohol Beverage Service Establishment, will continue to operate
as a single establishment with a total of 4,170 square feet for operation.
The proposal to operate an Alcohol Beverage Service Establishment within the existing structure.
Pursuant Article 4, Table 3,an Alcohol Beverage Service Establishment is permitted by process of
Exception. Pursuant Chapter 4 Section 4-7(c) of the City of Miami's Code of Ordinance - "all Alcohol Service
Establishment that require an Exception shall be subject to approval by the PZAB, and when required,
final approval by City Commission. Alcohol Service Establishment requesting extensions of hours of
operations or variance from distance requirements shall only be permitted by process of Exception with
final approval by the City Commission."
Page 1 of 5
C. NEIGHBORHOOD CHARACTERISTICS
ZONING DESIGNATION
FUTURE LAND USE
DESIGNATION
Subject Site
"T4-O" General Urban -Open
General Commercial
Maximum of 150 du/ac
Adjacent Properties
North: "T4-O" General
Urban -Open
General Commercial
Maximum of 150 du/ac
South: "T4-O" General
Urban -Open
General Commercial
Maximum of 150 du/ac
East: "D2" District Zones -
Industrial
Industrial
Maximum of N/A
West: "DI" District Zones —
Work Place
Light Industrial
Maximum of 36 du/ac
Dt
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Map 1: Aerial of Subject Property Including Neighboring Zoning Designations
D. ANALYSIS
Exception, pursuant to Article 4, Table 3(Miami 21) to establish an Alcohol Beverage Service
Establishment within a General Urban (T4-O) Transect Zone.
Exception, pursuant to City Code Chapter 4 Alcohol Beverages - Section 4-3, for extended hours of
operation for an Alcohol Beverage Service Establishment.
Criteria: This request for an Exception is to establish an Alcohol Beverage
Service Establishment with a Bar use, with extended hours of operation.
As such, the Applicant shall conform to the regulations set forth in
Chapter 4 (Alcoholic Beverages).
Page 2 of 5
Pursuant Chapter 4 Section 4-7(c) - "all Alcohol Service Establishment that require an
Exception shall be subject to approval by the PZAB, and when required, final approval by City
Commission. Alcohol Service Establishment requesting extensions of hours of operations
or variance from distance requirements shall only be permitted by process of Exception with
final approval by the City Commission.
In determining the appropriateness of such request, the PZAB and the City Commission, as
applicable, shall take into consideration the recommendation of the Department of Planning
based on the following materials to be submitted by the Applicant as criteria as well as the
criteria listed in the Miami 21 Code:
1. An operational/business plan that addresses hours of operation, number of employees, menu items,
business goals, and other operational characteristics pertinent to the application.
Complies: Applicant provided and Operational Plan containing hours of operation, number of employees,
menu items, parking plan, business goals and other operational characteristics.
2. A parking plan which fully describes where and how the parking is to be provided and utilized, e.g., valet,
self -park, shared parking, after -hour metered spaces, and the manner in which the parking is to be managed.
The City Commission or the PZAB, as applicable, may grant approval for one hundred percent (100%) of
the required parking to be located offsite within a distance of six hundred feet (600) from the subject Alcohol
Service Establishment if the proposed parking is to be "self -park" and a distance of one thousand feet (1,000)
from the subject Alcohol Service Establishment if the proposed parking is to be by "valet."
Complies: The Applicant has provided a Parking Plan addressing the parking options on and off site. As
an adaptive reuse project, no additional parking is required pursuant Article 7 Section 7.2.8.b- "...Adaptive
Use, shall not require the provision of additional parking or on -site storm water retention or detention. If the
prior Use of such structure was single-family, duplex, or lodging and the site abuts a T3 Transect Zone, the
provision of additional parking shall be required as per the requirement of this Code."
3. For Alcohol Service Establishment proposing capacities over three hundred (300) persons, an indoor/outdoor
crowd control plan that addresses how large groups of people waiting to gain entry into the Alcohol Beverage
Service Establishment with a 4COP Quota alcohol beverage license and already on the premises will be
controlled.
Not Applicable: A Crown Control Plan is not required as the occupancy load does not exceed 300 persons.
4. A security plan for the Alcohol Service Establishment and any parking facility.
Complies: The Applicant has submitted a security plan detailing the presence of security staff at all times.
The submitted security plan states a minimum of two (2) security guards on weeknights, and a minimum of
four (4) security guards on weekends.
5. For Alcohol Service Establishment proposing capacities over three hundred (300) persons, a traffic
study and traffic circulation analysis and plan that details the impact of projected traffic on the
immediate neighborhood and how this impact is to be mitigated.
Not Applicable: A traffic study and traffic circulation analysis and plan is not required as the occupancy load
does not exceed 300 persons.
6. A. sanitation plan which addresses on -site facilities as well as off -premises issues resulting from the
operation of the Alcohol Service Establishment.
Complies: A sanitation plan has been submitted by the Applicant addressing existing on -site facilities for the
proposed Alcohol Beverage Service Establishment with extended hours of operation.
7. Proximity of the proposed Alcohol Service Establishment to Districts - Residential.
Complies: The closest Residential District is approximately 450 feet from the proposed establishment. The
closest Residential District is along NW 29th Terrace, down the street and around the corner from the proposed
establishment allowing for a proper transition from the commercial corridors: NW 7th Avenue and NW 29
Street.
8. If the proposed Alcohol Service Establishment is within two hundred feet (200') of any residential use,
a noise attenuation plan that addresses how noise will be controlled shall be required, especially in
the case of indoor/outdoor uses."
Complies: The proposed use is within proximity of Residential Uses; however, the use is contained entirely
indoors. The Applicant has submitted a Noise Attenuation Plan identifying the technology to be used and
describing the average noise level desired as "conversation level".
Page 3 of 5
CONCLUSION
The proposed Exception to allow Alcohol Beverage Service Establishment, and the extended hours of
operation, complies with all regulations set forth in Chapter 4 (Alcoholic Beverages).
The Planning Department recommends Approval with Conditions of the requested Exception to allow
the Alcohol Beverage Service Establishment with extended hours of operation. The proposed Alcohol
Beverage Service Establishment and the extended hours of operation, use is in line with previous uses,
is allowed by the City Code and aligns with uses within the Comprehensive Plan. The proposed use does
not have outdoor seating and does not propose outdoor live music or entertainment which reduces the
potential of the use becoming a nuisance to nearby residences.
Pursuant to Article 7, Section 7.1.2.6 and Chapter 4 (Alcoholic Beverages), the Planning Department
recommends Approval of the Exceptions as presented with conditions listed below.
1. The development shall be substantially developed in accordance with the plans as prepared by Arthur
Glenn Pyle Architect, submitted electronically (PZ-18-332).
2. The Alcohol Beverage Service Establishment shall not add outdoor patios, smoking areas or other
congregating areas outside of the structure without the approval of new Warrant.
3. The Alcohol Beverage Service Establishment shall not exceed 300 occupants.
4. 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 p.m. and 7 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 or repose of persons in any dwelling, hotel or other type
of residence.
5. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation.
6. Any concerns or complaints related to noise nuisance will be addressed and resolved immediately.
7. Per City of Miami Code, no loitering or drinking outside of the establishment shall be permitted at any time.
8. The Alcohol Beverage Service Establishment shall be limited to the following hours of operation: 11:00 am
to 5:00 am Monday through Saturday, 12:00 p.m. to 5:00 a.m. Sunday.
9. Any changes to the current owner/operator shall require approval of a new Exception.
10. The Applicant or owner shall comply with the requirements of all applicable departments and agencies as
part of the City of Miami building permit submittal process.
11. Failure to comply with the conditions herein shall result in the revocation of the Alcohol Beverage Service
ablishment certification of use.
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NOTICE
Page 4 of 5
The final decision may be appealed by any aggrieved party, within fifteen (15) days of the date of
issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444
SW 2"d Ave., 3rd Floor, Miami, FL 33130 Telephone number (305) 416-2030.
Page 5 of 5
7.2.b
AERIAL
FILE ID: PZ-18-332
EXCEPTION
Attachment: 5413 STAFF ANALYSIS AND MAPS (5413 : Exception - 2898 NW 7 AVE)
ADDRESS: 2898 NW 7 AV
0 125 250
500 Feet
Packet Pg. 45
7.2.b
MIAMI 21 (EXISTING)
FILE ID: PA-18-332
EXCEPTION
T4
NW,29T1-' STD
D1
IV \/\/
/ TS I I-1' 1 1
J
NW 28TH ST
NW 27TH ST
ADDRESS: 2898 NW 7 AV
5413 : Exception - 2898 NW 7 AVE
: 5413 STAFF ANALYSIS AND MAPS
0 125 250 500 Feet
Packet Pg. 46