HomeMy WebLinkAboutPZAB (13078) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-005
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 13078 Final Action Date: 1/4/2023
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH
ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION
APPROVAL OF AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3; ARTICLE 6,
TABLE 13; APPENDIX J, WYNWOOD NRD-1, SECTION 4, TABLE 1; AND ARTICLE
7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114 ("MIAMI 21 CODE"), AS AMENDED,
AND CHAPTER 4, SECTIONS 4-3, 4-5 TO PERMIT, WITH CITY COMMISSION
APPROVAL, AN ALCOHOL SERVICE ESTABLISHMENT ("ASE") IN EXCESS OF
5,000 SQUARE FEET IN THE WYNWOOD CAFE SPECIALTY DISTRICT ON THE
REAL PROPERTY DESIGNATED AS "T6-8-O" URBAN CORE TRANSECT ZONE —
OPEN WITHIN THE NRD-1 OVERLAY, LOCATED AT APPROXIMATELY 2217 NW
MIAMI COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 2217 Northwest Miami Court, Miami,
Florida, as more particularly described in Exhibit "A,", ("Property") is zoned "T6-8-O" Urban Core
Transect Zone — Open with the Neighborhood Revitalization District — 1 ("NRD-1") Overlay; and
WHEREAS, Wynwood DC Propco LLC ("Applicant") requests an Exception from the City
of Miami ("City") to allow an Alcohol Service Establishment ("ASE") consisting of approximately
6,202 square feet at the Property; and
WHEREAS, the ASE is located on the ground level of a nine (9) story mixed -use project
(the "Arlo Wynwood Hotel") fronting on Northwest Miami Court and Northwest 22 Street,
consisting of 217 hotel guestrooms and ground level commercial spaces for retail, restaurants,
and entertainment; and
WHEREAS, the Applicant is required to provide sixteen (16) parking spaces on the
Property for the ASE; and
WHEREAS, all parking at the Property will be valet operated; and
WHEREAS, the Applicant applied to the City for an Exception pursuant Article 4, Table
3; Article 6, Table 13; Appendix J, Wynwood NRD-1 regulations, Section 4, Table 1, and Article
7, Section 7.1.2.6 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
as amended, ("Miami 21 Code"), and Section 4-7 of the Code of the City of Miami, Florida, as
amended, ("City Code") to permit, with City Commission approval, an Alcohol Service
Establishment in excess of 5,000 square feet; and
City of Miami Page 1 of 5 File ID: 13078 (Revision:) Printed On: 2/13/2023
WHEREAS, the Property is approximately 31,528 square feet (0.7238 acres), and is in
the Wynwood / Edgewater Neighborhood Enhancement Team ("NET") Area and in the
Wynwood Cafe Specialty District per Article 4 of the City Code; and
WHEREAS, the Property is designated "General Commercial" pursuant to the Future
Land Use Map ("FLUM") Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the Property is in the Neighborhood Revitalization District — 1 ("NRD-1");
and
WHEREAS, Chapter 4 of the City Code indicates that the Property is located within the
Wynwood Cafe Specialty District, which was established to promote investment and activate the
NRD-1 outside of normal business hours; and
WHEREAS, the Applicant is the Property Owner and will not operate the herein
requested ASE; and
WHEREAS, the ASE will be operated either through a management agreement, with the
operator utilizing Applicant's series 4C0P-S alcoholic beverage license that will be obtained for
the operation of the hotel, or through a lease agreement, wherein the operator would secure a
separate series 4C0P-Quota alcoholic beverage license for the operation of the ASE; and
WHEREAS, pursuant to Article 6, Table 13 of the Miami 21 Code, "[e]stablishments
occupying more than 5,000 square feet of Floor Area shall require an Exception with approval
by the City Commission"; and
WHEREAS, the ASE will occupy approximately 6,202 square feet of Floor Area; and
WHEREAS, the Applicant has submitted a project file - PZD-7 Operations Plan, called
"EXCEPTION FOR ALCOHOL SERVICE ESTABLISHMENT AND EXTENDED OPERATING
HOURS TO 5:OOAM AT 2217 NW MIAMI CT., 2233 NW MIAMI CT. & 2235 NW MIAMI CT.,
MIAMI, FL 33127 WYNWOOD DC PROPCO, LLC PZ-21-11667" to demonstrate compliance
with the criteria listed under Section 4-7(b) of the City Code; and
WHEREAS, the Applicant 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 which focuses on, but not limited to, parking, security, traffic,
sanitation, noise attenuation, proximity to residential uses, etc., and is considered an official part
of this file on record with the Planning Department; and
WHEREAS, the City's Planning Department, through its analysis, finds the Exception
request to allow a 6,202 square foot Alcohol Service Establishment to be consistent with the
goals of the Miami 21 Code and the MCNP; and
WHEREAS, the Planning Department recommends approval with conditions pursuant to
Article 7, Section 7.1.2.6 of the Miami 21 Code; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting
on January 4, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
005 by a vote of eight to zero (8-0), Item No. PZAB.9, recommending approval with conditions;
and
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WHEREAS, the PZAB has considered the goals, objectives, and policies of the MCNP,
Ordinance No. 10544, the Miami 21 Code, and all other City regulations; and
WHEREAS, the PZAB, after careful consideration of this matter during a duly noticed
public hearing, recommends to the City Commission approval of this Exception, with conditions,
as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Planning, Zoning and Appeals Board recommends to the Miami City
Commission approval, with conditions, the Exception requested pursuant to Article 4, Table 3;
Article 6, Table 13; Appendix J, Wynwood NRD-1 regulations, Section 4, Table 1, and Article 7,
Section 7.1.2.6 of the Miami 21 Code and Section 4-7 of the City Code with the following
conditions:
1. The proposed Alcohol Service Establishment shall be in accordance with the plans titled
"A-04, Site Plan" as prepared by Donald F. Wolfe Jr., Architect Florida Reg. AR 009944
consisting of one (1) page and bearing the e-Plan approval stamp.
2. This Exception has been approved for an Alcohol Service Establishment with 6,202
square feet of floor area with a total capacity established in accordance with the City of
Miami's Building Department's codes and regulations established by the State of Florida
and Miami -Dade County governing the construction, alteration, and maintenance of
buildings and structures within the City of Miami for the protection of residents and
property.
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. The Alcohol Service Establishment shall be limited to the following hours of operation:
Monday — Saturday, 11:00 a.m. - 3:00 a.m. and Sundays, 12:00 p.m. - 3:00 a.m.
5. Pursuant to Chapter 4, Section 4-5 of the City Code, the Alcohol Service Establishment
shall be closed during school hours.
6. Any noise generated onsite shall conform to Chapter 36 of the City Code noise
regulation, as may be amended from time to time.
7. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.
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8. Per Chapter 4 of the City Code, no loitering and/or drinking outside of the Alcohol
Service Establishment shall be permitted at any time.
9. This Exception is limited to the Applicant, Wynwood DC Propco LLC. Any other entity
must be approved by the Planning Department and may require a new Exception.
10. The operation of this ASE is through a "Lease Agreement" between the Applicant (the
"Landlord") and the ASE Operator (the "Tenant"), and the Tenant will utilize its own
4COP-Quota license for the operation of the ASE.
11. The Applicant, owner, successor, and assign shall comply with the requirements of all
applicable departments/agencies as part of the City of Miami building permit submittal
process.
12. The Applicant, owner, successor, and assign must meet all applicable building codes,
land development regulations, ordinances, and other laws and pay all applicable fees
due prior to the issuance of any building permit.
13. The Applicant, owner, successor, and assign shall meet the conditions of all applicable
local, state, and federal regulations.
14. Any modifications to the approved plans as a result or consequence of the Applicant's
compliance with other departments and/or agencies and/or codes, shall require a new
review for approval confirmation from the Planning Director in accordance with Article 7
of the Miami 21 Code.
15. Pursuant to Miami 21 Code, Section 7.1.2.6(e) "an Exception shall be valid for a period
of two years during which a building permit or Certificate of Use must be obtained. This
excludes a demolition or landscape permit. A one-time extension, for a period not to
exceed an additional year, may be obtained if approved by the Planning Director."
16. Failure to comply with the conditions herein in may result in the immediate revocation of
this Permit and shall be subject to any fines and penalties pursuant to City Code of
Ordinances, as amended.
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 have an immediate effective date
Reviewed and Approved:
City of Miami Page 4 of 5 File ID: 13078 (Revision:) Printed On: 2/13/2023
Lakisha Hull AICP LEED AP BD+C
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