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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 5641 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN EXCEPTION PURSUANT TO SECTION 4-3(A) AND SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN EXTENSION OF HOURS OF OPERATION FROM 3:00 A.M. TO 5:00 A.M. FOR THE SALE OF ALCOHOLIC BEVERAGES FOR THE PROPERTY LOCATED AT APPROXIMATELY 2898 NORTHWEST 7 AVENUE MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 2898 NW 7 Ave [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Samuel Rubert, Esquire, on behalf of Taberna Las Rosas, LLC. PURPOSE: Exception pursuant to Article 4 Table 3 of Miami 21, and Chapter 4 of the City Code, to extend the hours of operation from 3:00 AM to 5:00 AM; within a T4-O (General Urban) Transect Zone. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: On February 20, 2019, approved the Exception, with conditions, by a vote of six to one (6-1); and, the motion to recommend approval of the extension of hours from 3:00 a.m. to 5:00 a.m. for the alcohol service establishment at the location failed, by a vote of two to five (2-5) City of Miami Legislation Resolution Enactment Number: R-19-0166 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5641 Final Action Date:4/25/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN EXCEPTION PURSUANT TO SECTION 4-3(A) AND SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN EXTENSION OF HOURS OF OPERATION FROM 3:00 A.M. TO 5:00 A.M. FOR THE SALE OF ALCOHOLIC BEVERAGES FOR THE PROPERTY LOCATED AT APPROXIMATELY 2898 NORTHWEST 7 AVENUE MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Samuel A. Rubert, Esq., on behalf of FMD Liquors, Inc., ("Applicant") requested certain Exceptions from the City of Miami ("City") regarding an Alcohol Service Establishment for the property generally located at 2898 Northwest 7 Avenue, as more particularly described in Exhibit "A", attached and incorporated ("Property"); and WHEREAS, pursuant to Article 4, Table 3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), the Applicant requested an Exception to permit an expansion of an existing Alcohol Service Establishment to the adjacent commercial space that would result in an increase of 1,970 square feet on the Property, which is located in a "T4-O," General Urban Transect Zone — Open; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") considered PZAB Item 2 at its meeting on February 20, 2019 and, following an advertised public hearing, adopted PZAB Resolution No. R-19-008 approving an Exception, with conditions, pursuant to Article 4, Table 3, of the Miami 21 Code to permit an Alcohol Service Establishment in an existing structure located at the Property by a vote of six to one (6-1); and WHEREAS, through that Exception process, the Applicant also requested an extension of hours of operation from 3:00 a.m. to 5:00 a.m. for the sale of alcoholic beverages pursuant to Section 4-3(a) and Section 4-7(c) of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the PZAB considered PZAB Item 2 at its meeting on February 20, 2019 and, following an advertised public hearing, made a motion to recommend approval to the City Commission for the request of extension of hours from 3:00 a.m. to 5:00 a.m. for the alcohol service establishment at the Property to be allowed but the motion failed by a vote of two to five (2-5); and WHEREAS, the Applicant has submitted the necessary information which demonstrates compliance with the guidelines and criteria required for the Exception as specified in Section 4- 7(c) of the City Code which relates, inter alia, to parking, security, traffic, sanitation, noise attenuation, and proximity to residential uses and is considered an official part of the file on record with the Planning Department; and WHEREAS, based on the above findings and analysis pursuant to Section 4-7(c) of the City Code, the City's Planning Department recommends approval of the Applicant's request for an Exception subject to the conditions found in Section 2 of this Resolution; and WHEREAS, the City's Planning Department finds the requested Exception is consistent with the goals of the Miami 21 Code as the requested use is compatible with the surrounding neighborhood; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, the City Code, and all other City regulations regarding the Exception; 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 to extend the hours of operation from 3:00 a.m. to 5:00 a.m. for the sale of alcoholic beverages at the Property is granted with conditions as listed below: 1. The development shall be substantially developed in accordance with the plans as prepared by Arthur Glen Pyle Architect consisting of two (2) sheets date stamped received by the City on January 3, 2019. 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 new Exception. 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, or 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. Any concerns or complaints related to noise nuisance will be addressed and resolved immediately. 6. No loitering or drinking outside of the Alcohol Service Establishment shall be permitted at any time. 7. The Alcohol Service Establishment shall be limited to the following hours of operation: 11:00 am to 5:00 am Monday through Saturday and 12:00 p.m. to 5:00 a.m. Sunday. 8. Any changes to the current owner/operator shall require approval of a new Exception. 9. The Applicant or owner shall comply with the requirements of all applicable departments and agencies as part of the City's building permit submittal process. 10. Failure to comply with any of the conditions herein shall result in the revocation of the Alcohol Service Establishment's Certification of Use. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall be effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey ) 4/11/2019 1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 or upon the effective date stated herein, whichever is later.