The URL can be used to link to this page

Home My WebLink AboutAnalysis and MapsANALYSIS FOR EXCEPTION FILE ID: APPLICANT: FMD Liquors, Inc. REPRESENTATIVE: Samuel A. Rubert, P.A. PROJECT ADDRESS: 2519 NE 2 Avenue FOLIO NUMBER: 01-3230-022-0240 COMMISSION DISTRICT: District 2 NET OFFICE: Wynwood/Edgewater Neighborhood Enhancement Team (NET) PLANNER: Joseph Eisenberg, Planner II GENERAL INFORMATION REQUEST: Pursuant to Article 4, Table 3 of Ordinance 13114, as amended, the Applicant is requesting an Exception to establish an Alcohol Beverage Service Establishment within an Urban Core (T6-36A-O) Transect Zone Open, and pursuant Chapter 4, Section 4-3(a) the Applicant is requesting an Exception for extended hours of operation. BACKGROUND: The subject site is approximately 5000 square feet and contains an existing building that is approximately 4,709 square feet in size. It is located within the Urban Core (T6-36A-O) Transect Zone Open.The building is demised into three commercial bays, all of which front on NE 2nd Avenue. The northern most retail bay also fronts NE 26th Street. The Applicant currently occupies the northern retail bay of the structure with a package liquor store called Liquors Mart II. The southern retail bay, 1,970 square feet, is occupied by a tenant unaffiliated with this application. The middle retail bay is approximately 775 square feet and is currently vacant. This application proposes expanding the existing 4COP license from the northern retail bay to the middle retail bay, for consumption on premises inside of a planned cigar bar. 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." NEIGHBORHOOD CHARACTERISTICS ZONING DESIGNATION FUTURE LAND USE DESIGNATION Subject Site "T6-36A-O" Urban Core -Open Restricted Commercial Page 1 of 4 __-- Adjacent Properties "T6-36A-O" Urban Core -Open "T6-36A-O" Urban Core -Open "T6-36A-O" Urban Core -Open "T6-12-0" Urban Core Open Maximum of 150 du/ac Restricted Commercial Maximum of 150 du/ac Restricted Commercial Maximum of 150 du/ac Restricted Commercial Maximum of 150 du/ac Restricted Commercial Maximum of 150 du/ac Map 1: Aerial of Subject Property Including Neighboring Zoning Designations Analysis Exceptions per Miami 21 and City Code Chapter 4 (Alcoholic Beverages) Request: Per Article 4, Table 3 Approval of an Exception is required to establish an Alcohol Beverage Service Establishment within any T6-O Transect Zone. Criteria: This request for an Exception is to establish an Alcohol Beverage Service Establishment with a Bar use. As such, the Applicant shall conform to the regulations set forth in Chapter 4 (Alcoholic Beverages). 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. Page 2 of 4 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 crowd Control Plan is not required as the occupancy load does not exceed 300 persons. 1. A security plan for the Alcohol Service Establishment and any parking facility. Complies: The Applicant has submitted a security plan detailing specifics of video surveillance and a plan to train employees to deal with intoxicated patrons. 2. 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. 1. 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. 2. Proximity of the proposed Alcohol Service Establishment to Districts - Residential. Complies: The closest Residential District is approximately 2,000 feet from the proposed establishment. 3. 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 not proximate to any Residential Uses; the nearest property considered residential per Chapter 4 is approximately 2,000 feet away. CONCLUSION The proposed Exception to allow Alcohol Beverage Service Establishment, and the proposed Exception for extended hours of operation, comply with all regulations set forth in Chapter 4 (Alcoholic Beverages). The Planning Department recommends Approval with Conditions of the requested Exceptions to allow the Alcohol Beverage Service Establishment and to permit extended hours of operation. The proposed Alcohol Beverage Service Establishment with extended hours of operation 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 Exception as presented with conditions listed below. 1. The development shall be substantially developed in accordance with the plans as prepared by Gilberto Gavarrete, Professional Engineer, submitted electronically (PZ-18-331). 2. The Alcohol Beverage Service Establishment shall not add outdoor patios or other congregating areas outside of the structure without the approval of an independent Warrant. Outdoor smoking areas shall be prohibited. Page 3 of 4 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. 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. An extension of hours beyond these hours of operation shall require a new Exception with approval by the City Commission. 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 Beverage Service Establishment certification of use. 11. The Alcohol Service Establishment shall have a maximum occupancy of 299 customers. SCle Planning nd velo 3son Page 4 of 4 AERIAL FILE ID: PZ-18-331 EXCEPTION ADDRESS: 2519 NE 2 AV 0 125 250 500 Feet MIAMI 21 (EXISTING) FILE ID: PZ-18-331 EXCEPTION NE 27TH ST T6-8-0 T6-12-0 NE•24TH•ST NE•2ND'AVE NE27TH TER NB27TH ST �IVEC26T Hit R -NEB26TH S T6=36A-O NE 25TH ST ( NE 24TH ADDRESS: 2519 NE 2 AV 0 125 250 500 Feet