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Home My WebLink AboutPZAB (5413) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-19-008 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 5413 Final Action Date: 2/20/2019 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3, OF ORDINANCE 13114 ("MIAMI 21") , THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT THE EXPANSION OF AN ALCOHOL BEVERAGE SERVICE ESTABLISHMENT IN A "T4-O" — GENERAL URBAN TRANSECT ZONE AND RECOMMENDING TO THE CITY COMMISSION DENIAL OF AN EXCEPTION PURSUANT TO CHAPTER 4, SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO PERMIT AN EXTENSION OF HOURS FROM 3:00 AM TO 5:00 AM 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. (the "Applicant") represents Taberna Las Rosas, LLC") for the property located approximately at 2898 Northwest 7 Avenue (the "Property"); and WHEREAS, pursuant to Article 4, Table 3 of Ordinance 13114, as amended, the Applicant requested an Exception to permit an expansion of an existing Alcohol Service Establishment for a property in the "T4-O" Transect Zone — General Urban Transect Zone; and WHEREAS, the Applicant has proposed expanding the existing use to the adjacent commercial space, resulting in an increase of 1,970 square feet, for a total of 4,170 square feet of Alcohol Service Establishment; and WHEREAS, pursuant to Miami City Code Chapter 4, Section 4-7(c), as amended, the Applicant requested an extension of hours from 3:00 a.m. to 5:00 a.m.; and WHEREAS, the Applicant has submitted the necessary information which demonstrates compliance with the guidelines and criteria required for the Exception, as specified on Chapter 4, 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 this file on record with the Planning Department; and WHEREAS, the Planning Department finds the requested Exception consistent with the goals of the Miami 21 Code as the requested use is compatible with the surrounding neighborhood; and City of Miami Page 1 of 4 File ID: 5413 (Revision:) Printed On: 2/26/2019 WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the Miami Comprehensive Plan, Miami 21, and all other regulations of the City of Miami ("City") in regards to the Exception; and WHEREAS, based on the above findings and analysis pursuant to Article 4, Table 3 and Article 7, Section 7.2.8 (a) of Ordinance 13114, as amended, staff recommended approval with conditions of the Applicant's requests for an Exception subject to the following conditions found in Section 2 of this Resolution; and WHEREAS, the PZAB at its meeting on February 20, 2018, considered Item No. PZAB.2, and following an advertised public hearing, by a vote of six to one (6-1), approved the Exception to permit the Alcohol Service Establishment with conditions, and further, by a vote of two to five (2-5), failed to recommended 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. 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 expand the existing Alcohol Service Establishment 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 2 sheets dated stamped received by the City of Miami 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 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 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. 4. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation. 5. Any concerns or complaints related to noise nuisance will be addressed and resolved immediately. 6. Per City of Miami code, no loitering or drinking outside of the establishment shall be permitted at any time. City of Miami Page 2 of 4 File ID: 5413 (Revision:) Printed On: 2/26/2019 7. 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, provided that the City Commission approves the Exception for extension of hours from the approved 3:00 a.m. to 5:00 a.m. 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 of Miami building permit submittal process. 10. Failure to comply with the conditions herein shall result in the revocation of the Alcohol Service Establishment certification of use. Section 3. The PZAB, by a vote of two to five (2-5) failed to recommend approval to the City Commission of an Exception for the extension of hours for the Alcohol Service Establishment. Section 4. This Resolution shall be effective immediately upon its adoption. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. Francisco Garcia, Dir Department of Planni STATE OF FLORIDA COUNTY OF MIAMI-DADE or 2 24-0 / �► Execdtion Date Personally appeared before me, the undersigned authority, p\,1Cmce2 , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF , 201 5\\\fla 60n-21-G2 Print Notary Name c State of Florida City of Miami Page 3 of 4 File ID: 5413 (Revision:) Printed On: 2/26/2019 Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath My Commission Expires: ''=�=Y;'''� SILVIAGONZALEZ ill II • MY COMMISSION # GG 051561 �;z. ;= EXPIRES: November 30, 2020 %tit:a:S Bonded Thru Notary Public Underwriters City of Miami Page 4 of 4 File ID: 5413 (Revision:) Printed On: 2/26/2019 EXHIBIT"A"-PAGE1 LEGAL DESCRIPTION: 26 53 41 BLVD PARK PB 7-55 LOT 11 LESS E10FT & EXT AREA OF CURVE BLK 3 & E1/2 OF ALLEY LYG W & ADJ CLOSED PER ORD 13492 LOT SIZE 5250 SQ FT M/L OR 13649-3405 12871 EXHIBIT "A" - PAGE 2 SKETCH: 0 TX 1 VI E C'AP:P4 ,4;;E4 't• 1.43EA