The URL can be used to link to this page

Home My WebLink AboutPZAB (5412) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-19-007 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 5412 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 AN ALCOHOL SERVICE ESTABLISHMENT IN AN EXISTING STRUCTURE IN THE T6-36A-O (URBAN CORE OPEN) TRANSECT ZONE APPROXIMATELY 750 SQUARE FEET IN SIZE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2519, 2523, AND 2525 NORTHEAST 2 AVENUE MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; RECOMMENDING APPROVAL TO THE CITY COMMISSION OF AN EXCEPTION PURSUANT TO MIAMI CITY CODE CHAPTER 4, SECTION 4-3(A), TO PERMIT AN EXTENSION OF HOURS FROM 3: 00 AM TO 5:00 AM FOR THE PROPERTY LOCATED AT APPROXIMATELY 2519, 2523, AND 2525 NORTHEAST 2 AVENUE MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Samuel A. Rubert, Esq. represents FMD Liquors, Inc. (the "Applicant") for the property generally located at 2519, 2523, and 2525 Northeast 2 Avenue (the "Property"); and WHEREAS, pursuant to Article 4, Table 3 of Ordinance 13114, as amended, the zoning ordinance of the City of Miami, Florida, the Applicant requested an Exception to permit an Alcohol Service Establishment for the Property located in a T6-36A-O (Urban Core) Transect Zone; and WHEREAS, through that Exception process, the Applicant requested an extension of hours from 3:00 a.m. to 5:00 a.m., pursuant to Miami City Code Chapter 4, Section 4-7(c); and WHEREAS, the Applicant currently operates an approximately 2000 square foot liquor package store on the property, and through this application intends to allow an Alcohol Service Establishment of approximately 750 square foot in an adjacent space that will operate a cigar lounge with bottle service for consumption on the premises and packaged foods; and WHEREAS, the Applicant has submitted the necessary information which demonstrates compliance with the guidelines and criteria required for the Exception, as specified in Chapter 4, Section 4-7(c) of the City Code related to, inter alia, parking, City of Miami Page 1 of 4 File ID: 5412 (Revision:) Printed On: 2/26/2019 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 is consistent with the goals of the Miami 21 Code as the requested use is compatible with the surrounding neighborhood; and 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 of the Applicant's request 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.1, and following an advertised public hearing, by a vote of seven to zero (7-0), approved the Exception to permit the Alcohol Service Establishment with conditions, and further, by a vote of four to three (4-3), 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 is granted with conditions as 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. 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. City of Miami Page 2 of 4 File ID: 5412 (Revision:) Printed On: 2/26/2019 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, 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 Beverage Service Establishment certification of use. 11.The Alcohol Service Establishment shall have a maximum occupancy of 299 customers. Section 3. The conditions as recommended by the Planning Department and stated herein are adopted as conditions of the Exception. Section 4. The Exception to allow an Alcohol Service Establishment is approved. Section 5. The PZAB recommends approval to the City Commission of an Exception for extension of hours to 5 a.m. as contemplated by Condition 7 in Section 2 of this Exception. Section 6. This Resolution shall be effective immediately upon its adoption. City of Miami Page 3 of 4 File ID: 5412 (Revision:) Printed On: 2/26/2019 THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. Francisco Garcia, Dir Department of Plann STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) 21z4Ial Execution Date Personally appeared before me, the undersigned authority, .\t rkv-e2 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 2(ODAY OF hrUY.�Y1/4.1 201 C. St rvti a Gtor zo Print Notary Name ' s t +._•+.lic State of Florida Personally know V or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath My Commission Expires: mu, ".go " % SILVIAGONZALEZ • MY COMMISSION # GO 051581 '* ;,t: EXPIRES: November 30 2020 tip, wars Bonded Thru Notary Public Underwriters City of Miami Page 4 of 4 File ID: 5412 (Revision:) Printed On: 2/26/2019 EXHIBIT "A" LEGAL DESCRIPTION BANYAN PLACE PB 4-75 W1/2 OF LOTS 10 & 11 BLK 3 LOT SIZE 50.000 X 100 OR 15974-4544 0793 1 COC 24236-1200 02 20061 EXHIBIT "A" SKETCH