HomeMy WebLinkAboutR-19-0167City of Miami
Resolution R-19-0167
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5638 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 ("CITY CODE"), 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 2519, 2523, AND 2525
NORTHEAST 2 AVENUE MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; 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 from the City of Miami ("City") certain Exceptions regarding an Alcohol Service
Establishment for the property generally located at 2519, 2523, and 2525 Northeast 2 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 Alcohol Service Establishment for the Property which is located in a
"T6-36a-O," Urban Core Open Transect Zone; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") considered PZAB Item 1
at its meeting on February 20, 2019 and, following an advertised public hearing, adopted PZAB
Resolution No. R-19-007 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 in the
"T6-36a-O," Urban Core Open Transect Zone, which is approximately seven hundred fifty (750)
square feet in size, by a vote of seven to zero (7-0); 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
Sections 4-3(a) and 4-7(c) of the Code of the City of Miami, Florida, as amended ("City Code");
and
WHEREAS, the PZAB considered PZAB Item 1 at its meeting on February 20, 2019
and, following an advertised public hearing, adopted PZAB Resolution No. R-19-007
recommending approval to the City Commission for the request of extension of hours of
operation from 3:00 a.m. to 5:00 a.m. for the Alcohol Service Establishment at the Property, by
a vote of four to three (4-3); and
WHEREAS, the Applicant currently operates an approximately 2,000 square foot liquor
package store on the Property and 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 as well as packaged foods; and
City of Miami Page 1 of 3 File ID: 5638 (Revision:) Printed On: 4/17/2025
File ID: 5638 Enactment Number: R-19-0167
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, 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 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 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, the Miami 21 Code, the City Code, and all other
City regulations regarding the Exception; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY 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 City Commission approves the Exception for the extension of hours of
operation to 5:00 a.m. for the sale of alcoholic beverages at the Property, as more particularly
described in Exhibit "A", attached and incorporated, with the following conditions:
1. The development shall be substantially developed in accordance with the plans as
prepared by Gilberto Gavarrete, Professional Engineer, submitted electronically to the
City (PZ-18-331).
2. The Alcohol Service Establishment shall not add outdoor patios or other congregating
areas outside of the structure without the approval of a separate 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 11:00 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 types of residences.
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 establishment shall be permitted at any time.
7. The Alcohol Service Establishment shall be limited to the following hours of operation:
11:00 a.m. to 5:00 a.m. Monday through Saturday and 12:00 p.m. to 5:00 a.m. Sunday.
City of Miami Page 2 of 3 File ID: 5638 (Revision:) Printed on: 4/17/2025
File ID: 5638 Enactment Number: R-19-0167
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 Certificate of Use.
11. The Alcohol Service Establishment shall have a maximum occupancy of 299 people.
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 4/9/2019
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.
City of Miami Page 3 of 3 File ID: 5638 (Revision:) Printed on: 4/17/2025