HomeMy WebLinkAboutAnalysis and MapsDocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
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City of Miami
Planning Department
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NOTICE
This submittal needs to be scheduled fora pubic hearing
in coordanre wth Id matinee set forth in the City of
Miami Code. The applicable decislon-making body
rewew the information at the pubdc hearing to render a
recommendation or a final decision.
PZ-22-14997
06/09/23
ZVgEw COO
STAFF REPORT FOR
EXCEPTION
Staff Analysis Report No.
PZ-22-14997
Location
2838 NW 2 Avenue
Folio Number
0131250243040
Miami 21 Transect
"T5-O," Urban Center Transect Zone — Open
MCNP Designation
General Commercial
Commission District
District 5 — Commissioner Christine King
Department of Human Service
Neighborhood Service Center
Wynwood/Edgewater
Planner
Zhaokai (Kyle) Liu, Planner II
zliu@miamigov.com
Property Owner
Thor Wynwood Walk Owner LLC
Project Representative
Bercow Radell Fernandez Larkin & Tapanes
A. REQUEST
Bercow Radell Fernandez Larkin & Tapanes, on behalf of Puttery Miami, LP (the "Applicant")
requests an Exception pursuant to Article 6, table 13, Article 7, Section 7.1.2.6, and Chapter
4 - alcoholic beverages, Section 4-7 (c) of the Miami 21 Code, ordinance No.13114, as
amended, for renovating the interior of the Existing Building to accommodate a well -designed
indoor, mini -golfing establishment, inclusive of a restaurant and bar, located at 2838 NW 2
Avenue, Miami, FL.
Exception
1. Exception pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6,
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the
City Code, entitled "Alcoholic Beverages". Establishments occupying more than 5,000
square feet of Floor Area shall require an Exception with approval by the City
Commission. Establishments located within an Entertainment District as defined within
Section 4-9 of the City Code shall not be subject to an Exception permit.
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 1
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
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0
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Mlaml Code. The applica decision-makIng body will
renew the Information at the public hearing to render a
recommendation or a final decision.
PZ-22-14997
06/09/23
''VIEW CO
2. Exception pursuant to Article 7, Section 7.1.2.6, and Chapter 4 — alcoholic
beverages, section 4-4(g) and 4-7 (c) with city commission approval, an up to 50
percent reduction in distance separation requirements,.
3. Warrant pursuant to Article 6, section 6.3.2.2 and Article 7, Section 7.1.2.4 to permit
an outdoor dining area for a property zoned "T5-0" urban center transect zone - open
B. RECOMMENDATION
Pursuant to Article 7, Section 7.1.1.2 of the Miami 21 Code, ordinance No.13114, as
amended, the Planning Department recommends Approval with Conditions for the
requested Exceptions based upon the facts and findings in this staff report.
C. PROJECT DATA
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
T6-8-0,
Urban Core Zone -Open
General Commercial,
150 du/ac
Institutional
South
T5-0, Urban Center Transect
Zone - Open
General Commercial,
150 du/ac
Commercial
East
T5-0, Urban Center Transect
Zone - Open
General Commercial,
150 du/ac
Commercial
West
T5-0, Urban Center Transect
Zone - Open
General Commercial,
150 du/ac
Residential
RELATED APPROVALS
Date
Action
2017
Warrant for a one story Building within a T5-0 "Urban Center" Transect Zone, with the
NRD-1 Overlay (File No. 2017-0044)
D. BACKGROUND
The Property is located at 2838 NE 2 Avenue, Miami, FL. The alternate address is 239 NW
28 Street., as detailed in the aerial image below (Figure 1). The Property is designated "T6-
8-0" Urban Core Zone — Open and "T5-O" Urban Center Transect Zone- Open on the City's
zoning atlas. Only a portion of the Property is subject to the application. This portion of the
Property was formerly identified by the address of 239 NW 28 Street, and it is designated in
"T5-O" Urban Center Transect Zone- Open. Currently, the Property is vacant. According to
the approved 2017 Site Plan, the size of the existing building is 17,952 square feet. The
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 2
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
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0
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Mlaml Code. The applica decision-makIng body will
renew the Information al the public hearing to render e
recommendation or a final decision.
PZ-22-14997
06/09/23
''VIEW CO '
Property is owned by Thor Wynwood Walk Owner LLC. The building was constructed in 1978,
and the 2017 Site Plan anticipated the adaptive reuse of the building.
Figure 1 Aerial of Subject Site
Addition Proposal
Through the Exception approval process and in accordance with Article 6, table 13, Article
7, Section 7.1.2.6, Article 6, Section 6.3.2.2, and Article 7, Section 7.1.2.4 of Miami 21,
the Applicant seeks to renovate the interior of the Existing Building to accommodate a well -
designed indoor, mini -golfing establishment, inclusive of a restaurant and bar. Figure 2 shows
the proposed Site Plan of the Property. Figure 3 and 4 show the building floor plan and outdoor
dining plan.
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 3
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
PUB
F.
PUTTERY
239 NW 28TH ST.
EXIST 1-STORY
BRICK BUILDING #3
+/- 17,952 G.S.F.
(OVERALL BUILDING)
TENANT INTERIOR
+/- 17,648 G.S.F
(TENANT SPECIFIC)
PROPOSED NEW
PATIO 593 S.F.
ADJACENT
BUILDING #1
N.I.0
.11
■,tee 0,
EXIST. PROPERTY LINE
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NOTICE
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In accordance wM1h timelines set forth in the City of
Mlaml Code. The applica decision-makIng body will
renew the Information al the public hearing to render a
recommendation or a final decision.
-16
PZ-22-14997 44,
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PROJECTS
HE1ROR ui4
17.848 ONT.
caw met
593 SEPT
TE AREA
18241 SOFT.
Figure 2 Site Plan
N.W. 2ND AVENUE
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 4
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
p PUBLIC
4-
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Mlaml Code. The applica decision-makIng body will
renew the Information al the public hearing to render e
recommendation or a final decision.
PZ-22-14997 44,
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Outdoor dining
area
593 SQ. Ft.
Indoor dining area
17,648 SQ. Ft.
Seating
20
Tables
7
Seating
152
Tables
28
ADA
2
ADA
2
ADA
13
ADA
6
Total
22
Total
9
Total
165
Total
34
Hours and days of
operation
Outdoor dining is:
Le • alization
I Monday
Thursday
Friday 12:00
Saturday
Sunday 12:00
x Proposed
served
— Wednesday
4:00 PM to
PM to
11:00 AM
PM to
2:00
2:00
to 2:00
12:00
Expansion
1
NA
4:00 PM to 12:00
AM
AM
AM
AM
AM
CE#
•
•
by
Number of businesses
outdoor dining
Associated Special Permits/BDs
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 5
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
BUILDING
/1B UNE MIA I WO SOT.
EEEE
I?°
MRIOT'
REFER TO A-1.0
FOR PATIO ®:
SEATING ub
INFORMATION
Figure 3 Floor Plan
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NOTICE
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Mlaml Code. The applicade decision-mahing bodywill
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PZ-22-14997 44,
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Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 6
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
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ACCESSIBILITY CLEARANCES
TABLE CLEARANCW LAVATORY CLEARANCES
•erjjj
II• . r
PROPOSED PATIO PLAN
SCALE: Lie` =1.-0"
E. FINDINGS
MAINTAIN MIN 36 CLR. PATH TYP.
I Frei
■ TABLE NUMBERS
■ SEAT NUMBERS
Figure 4 Outdoor Seating Plan
4-
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Miami Code. The applica decision -making body will
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recommendation or a final lecia on.
AP PZ-22-14997 44,
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MELT
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MOM SIT.
LYIEssOR NO
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MbiLGTE AgtA
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snnflw, O(S)0�nNALPECILG SE0T .PPONL1E /MINIUM WIDTH OF 30 INCHES BETWEEN TABI, LEGS
Request Article 6, Table 13 and Article 7, Section 7.1.2.6: establishments with a valid
alcohol beverage license shall be subject to Chapter 4 of the City Code, entitled "Alcoholic
Beverages". Establishments occupying more than 5,000 square feet of Floor Area shall
require an Exception with approval by the City Commission.
Analysis: The subject Property is located within the Neighborhood Revitalization District
(NRD-1). The Planning Department approved the site plan for the Property in 2017 via
Warrant Final Approval No. 2017-004. The City approved building permit plans consistent with
the 2017 Site Plan Approval in 2018 via Building Permit No. M2017019936. The Subject
Parcel is currently unoccupied. The proposed Project will consist of a total floor area of 17,952
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 7
06/05/2023
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DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miaml Code. The applica decision-makIng body will
renew the Information at the public hearing to render a
recommendation or a final decision.
PZ-22-14997
06/09/23
''VIEW CO
square feet. The Applicant is seeking to allow an alcohol service establishment with a total
floor area in excess of 5,000 square feet. According to Appendix J, Section 2.2, the intend of
the Neighborhood Revitalization District (NRD-1) is to establish a protective series of land
development regulations to transition the existing Wynwood Industrial District into an active,
diverse, mixed -use Neighborhood. The NRD-1 will also preserve the unique street art and
Industrial characteristics of the current Wynwood District while promoting a 24-hour
environment where people work, live, and play. The proposed use for the Property is a mini -
golfing establishment, restaurant, and bar that will bring activity and vibrancy to the currently
vacant building. The Proposed use does not change the physical contest nor the existing
neighborhood form.
Findings: Complies
Request Article 7, Section 7.1.2.6 and Chapter 4 — alcoholic beverages, Section 4-4 (g)
and 4-7 (c): with city commission approval, an up to 50 percent reduction in distance
separation requirements.
Analysis: Per Chapter 4, Section 4-5 of the Code specifies that the appropriate
establishments located in the "Wynwood Cafe" area must be separated by a minimum
distance of 500 feet. The proposed Project will be seeking a 4COP license that is located
within the Wynwood Cafe area and will be less than 500 feet away from the similarly licensed
establishments, as noted below:
• 405 feet away from Bakan, located at 2801 NW 2 Avenue
• 405 feet away from Brick House, located at 187 NE 28 Street;
• 480 feet away from R House Wynwood, located at 2727 NW 2 Avenue
• 259 feet away from Bottled Blonde, located at 2838 NW 2 Avenue.
The Applicant request to reduce the 500 feet restriction to 250 feet. The proposed Project will
be consistent with Appendix J, Section 2.2 of Miami 21. It will contribute toward the desired
24-hour work, live, and play environment and create both entertainment and dining in close
proximity to the new residential projects.
Findings: Complies
Request Article 6, Section 6.3.2.1: to permit an outdoor dining area for the Property zoned
"T5-O" Urban Center Transect Zone — Open
Analysis:
• Pursuant to Article 6, Section 6.3.2 of the Miami 21 Code, an Outdoor Dining Area in
the "T5-O" Urban Center Transect Zone — Open is allowed by the process of Warrant.
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 8
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Mlaml Code. The applicade decision-makIng bodywill
renew the Information al the public hearing to render a
recommendation or a final decision.
PZ-22-14997
06/09/23
''VIEW CO
• There is no construction, addition of Floor Area, tree removal, planting and/or
relocation proposed as part of this Warrant.
• The sales or serving of Alcohol (4COP) is part of this Warrant.
• Pursuant to Article 3, Section 3.6.1.a of the Miami 21 Code, additional parking is not
required for the proposed Outdoor Dining Area as it will operate in conjunction with the
proposed Food Service Establishment. Required vehicular parking for the proposed
Food Service Establishment is not required for Adaptive Use pursuant to Article 7,
Section 7.2.
• It is found that the proposed outdoor dining area is contained within the boundaries of
the Property and has been designed effectively not to disrupt the safe flow of
pedestrians.
• Pursuant to Article 7, Section 7.1.2.4.d, it is found that the Applicant has submitted the
necessary information to the Planning Department, which demonstrates compliance
with the guidelines and criteria required for this type of permit, as specified in the Miami
21 Code, including Article 4, Table 12.
• Planning comments were provided in ePlan pursuant to a comprehensive review of
the application materials. All comments have been addressed through the ePlan
review process.
• Pursuant to Article 7, Section 7.1.2.4.d of the Miami 21 Code, the City of Miami Zoning
Ordinance, the application has been reviewed and found sufficient.
Findings: Complies
F. ANALYSIS
Miami Comprehensive Neighborhood Plan (MCNP)
The Property is in the MCNP's Future Land Use (FLU) designation of "General Commercial,"
the same FLU designation as several of the abutting properties (Figure 5).—This FLU
designation allows commercial activities to include retailing of second hand items, automotive
repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales
and service, building material sales and storage, wholesaling, warehousing, distribution and
transport related services, light manufacturing and assembly and other activities whose scale
of operation and land use impacts are similar to those uses described above. Multifamily
residential structures of up to 150 dwelling units per acre. The other surrounding properties
have the same FLUM designation, which are found to be consistent.
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 9
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
This submittal needs to be scheduled for a pubic hearing
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Miaml Code. The applicade decision-makIng bodywill
renew the Information at the public hearing to render
recommendation or a final decision.
PZ-22-14997
06/09/23
VOMIT! si
Figure 5 Future Land Use Map
Miami 21 Code
The Property is designated "T6-8-O" Urban Core Zone — Open and "T5-O" Urban Center
Transect Zone- Open on the City's zoning atlas. Only a portion of the Property is subject to
the application. This portion of the Property was formerly identified by the address of 239 NW
28 St, and it is designated in "T5-O" Urban Center Transect Zone- Open (Figure 6).
Supported Development in this zoning is primarily intended for some Residential Uses by
Right, with Civic and Education Uses through the Warrant, and some Residential Uses by
Right, with Civic, Commercial, and Education Uses through the Warrant and Exception
process.
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 10
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
Figure 6 Miami 21 Transect Zone Map
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NOTICE GI
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In accordance wM1h timelines set forth in the City of
Miaml Code. The applicade decision-makIng bodywill
renew the Information at the public hearing to render a
recommendation or a final decision.
PZ-22-14997 44,
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Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 11
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
o Q PUBLI
C
Q
NOTICE
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PZ-22-14997 44,
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TABLE 3 BUILDING FUNCTION: USES
T5
IL
0
R
URBAN CENTER
DENSITY (UNIT PER ACRE)
65
65
65
RESIDENTIAL
SINGLE FAMILY RESIDENCE
R
R
R
COMMUNITY RESIDENCE
R
R
R
ANCILLARY UNIT
TWO FAMILY RESIDENCE
R
R
R
MULTI FAMILY HOUSING
R
R
R
DORMITORY
R
R
HOME OFFICE
R
R
R
LIVE — WORK
R
R
WORK — LIVE
LODGING
BED & BREAKFAST
E
R
R
INN
R
R
HOTEL
R
R
OFFICE
OFFICE
R
R
COMMERCIAL
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 12
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
4-
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NOTICE
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In accordance wM1h timelines set forth in the City of
Mlaml Code. The applica decision-makIng body will
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recommendation or a final decision.
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T5
AUTO -RELATED COMMERCIAL ESTAB.
W
ENTERTAINMENT ESTABLISHMENT
W
R
ENTERTAINMENT ESTAB. - ADULT
FOOD SERVICE ESTABLISHMENT
R
R
ALCOHOL BEVERAGE SERVICE ESTAB.
E
E
GENERAL COMMERCIAL
R
R
MARINE RELATED COMMERCIAL ESTAB.
W
W
OPEN AIR RETAIL
W
W
PLACE OF ASSEMBLY
R
R
RECREATIONAL ESTABLISHMENT
R
R
AMUSEMENT RIDE
CIVIC
COMMUNITY FACILITY
W
W
RECREATIONAL FACILITY
E
R
R
RELIGIOUS FACILITY
E
R
R
REGIONAL ACTIVITY COMPLEX
CIVIC SUPPORT
COMMUNITY SUPPORT FACILITY
W
W
INFRASTRUCTURE AND UTILITIES
W
W
W
MAJOR FACILITY
MARINA
E
W
W
PUBLIC PARKING
E
W
W
RESCUE MISSION
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 13
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
p PUBLIC
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Mlaml Code. The applica decision-makIng body will
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T5
TRANSIT FACILITIES
E
W
W
EDUCATIONAL
CHILDCARE
E
W
W
COLLEGE / UNIVERSITY
W
W
ELEMENTARY SCHOOL
E
W
W
LEARNING CENTER
R
R
MIDDLE / HIGH SCHOOL
E
W
W
PRE-SCHOOL
E
R
R
RESEARCH FACILITY
R
R
SPECIAL TRAINING / VOCATIONAL
W
W
INDUSTRIAL
AUTO -RELATED INDUSTRIAL ESTBL.
MANUFACTURING AND PROCESSING
MARINE RELATED INDUSTRIAL ESTBL.
PRODUCTS AND SERVICES
STORAGE/ DISTRIBUTION FACILITY
G. NEIGHBORHOOD SERVICES
Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the Planning Department has
made referrals to the agencies below:
• Office of Zoning
• Office of Code Compliance
• Planning Department — Comprehensive Planning Division
• Planning Department — Urban Design Division
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 14
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DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
,gyp PUBLIC
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NOTICE
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In accordance wM1h timelines set forth in the City of
Mlaml Code. The applica decision-makIng body will
renew the Information al the public hearing to render e
recommendation or a final decision.
PZ-22-14997 44,
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• Transportation
H. CONCLUSION
Based on the above findings, the input of the agencies consulted on this matter, and pursuant
to Article 7, Section 7.1.1.2 of the Zoning Ordinance, the subject proposal is approved with
conditions, subject to the plans submitted by the Applicant on file with the Planning
Department with the following conditions:
I. CONDITIONS
1. The Applicant, owner, or successor shall comply with the requirements of all applicable
departments/agencies as part of the City of Miami building permit submittal process.
2. The Applicant, owner, or successor 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.
3. The Applicant, owner, or successor shall meet conditions all applicable local, state, and
federal regulations.
4. Any modification 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.
5. Pursuant to Miami 21 Code, Section 7.1.2.4(e) 4, An Exception shall be valid for a period
of two (2) 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.
6. The proposed outdoor dining shall be in accordance with the plans entitled "A-1.0" as
prepared by Kevin Baker, consisting of 1 page dated 2023.03.02 and batch stamped by
the City of Miami.
7. The Outdoor Dining Area approved under this permit shall operate with a total of 22
seating and 9 tables contained within the boundaries of the site located at 2838 NW 2 AV.
8. Signage is not a part of this Warrant application and shall be reviewed under a separate
permit application.
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 15
06/05/2023
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DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
NOTICE
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In accordance wM1h timelines set forth in the City of
Mlaml Code. The applica decision-makIng body will
renew the Information al the public hearing to render a
recommendation or a final decision.
PZ-22-14997
06/09/23
''VIEW CO
9. Placement of any umbrellas, canopies, and/or shade apparatuses are not a part of this
Warrant application and shall be reviewed under a separate application submittal.
10. Any noise generated on site shall conform to Chapter 36 of the City Code, as amended,
including any future amendments for noise regulation. Concerns or complaints related to
noise nuisance will be addressed and resolved immediately.
11. Permitted hours of operation are from Monday — Wednesday, 4:00 PM to 12:00 AM,
Thursday, 4:00 PM to 2:00 AM, Friday, 12:00 PM to 2:00 AM, Saturday, 11:00 AM to 2:00
AM; and Sunday, 12:00 PM to 12:00 AM, seven days a week indicate hours and day(s).
12. Expansion or modifications to the approved layout by the current or future tenants shall
require a new Warrant.
13. All outdoor lighting shall follow applicable codes and regulations as outlined in Miami 21
Code, Article 5, Section 5.7 - Ambient Standards (T-5)
14. Any concerns or complaints related to noise nuisance shall be addressed and resolved
immediately.
15. The Applicant shall maintain an outdoor dining area in compliance with ADA separation
requirements.
16. Subject Property shall comply with all Building Code regulations and shall not have any
open Code violations.
17. All tables, seating, furnishings, and other such associated materials must be completely
removable within twenty-four (24) hours.
18. The Applicant, owner, or successor shall comply with the requirements of all applicable
Departments/Agencies as part of the City of Miami building permitting process.
19. As applicable, the Applicant owner or successor must obtain: 1) a building permit; 2) a
new certificate of occupancy (CO); and 2) a new certificate of Certificate of Use (CU), prior
to operating any outdoor dining.
20. The City reserves the right to inspect the site to ensure compliance with the conditions as
listed.
21. Pursuant Article 7 Section 7.1.2.4.c.4, A Warrant shall be valid for a period of two (2) 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.
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 16
06/05/2023
PUel./
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Mlaml Code. The applicade decision-makIng bodywill
renew the Information al the public hearing to render a
recommendation or a final decision.
PZ-22-14997
06/09/23
''VIEW CO
22. Per the PZD-5, Traffic Circulation Analysis, the Applicant will commit to implementing the
following TCMs and intends to make the site bicycle/pedestrian and transit -friendly:
• Providing wide (enhanced) sidewalks of approximately 6.7 feet along the north side
of NW 28th Street
• Providing 14 bicycle parking spaces on -site
• Providing transit information within the site, including route schedules and maps
• Providing carpool incentive program for employees
• Providing eight (8) stanchions on -site, which can accommodate up to 16 additional
bicycles or eight (8) scooter parking spaces
• Providing a tax incentivized commuter flexible spending account for employees to
use for transit passes
23. Pursuant to Chapter 4, Section 4-8 In addition to the requirements under Chapter 2 of the
City Code and Article 7 of the Miami 21 Code, if upon request by the City proof of an
alcohol license issued by the State is not submitted to the City's Zoning Administrator
within sixty (60) days of the request, the Alcohol Service Establishments Certificate of Use,
Temporary Certificate of Use, and any approvals obtained under Chapter 4 of the City
Code or the Miami 21 Code may be revoked by the Zoning Administrator.
24. Pursuant to Chapter 4, Section 4-8 If it is found that an Alcohol Service Establishment is
in violation of any laws regarding health, safety, and welfare including but not limited to
building codes, fire codes, the Miami 21 Code, or any health department regulations, the
Certificate of Use or Temporary Certificate of Use shall be suspended for a period of thirty
(30) days to allow the Alcohol Service Establishment to come into compliance. If the
Alcohol Service Establishment fails to come into compliance within thirty (30) days, the
Certificate of Use or Temporary Certificate of Use shall be revoked.
25. Pursuant to Chapter 4, Section 4-9 It shall be unlawful for employees or entertainers in
places dispensing Alcoholic Beverages for consumption on the premises to mingle or
fraternize with the customers or patrons of such Alcohol Service Establishment.
26. Pursuant to Chapter 4, Section 4-12 It is intended that the provisions of this Chapter shall
apply solely to those beverages constituting Alcoholic Beverages under the laws of the
State. Every violation of the laws of the State relating to the sale of Alcoholic Beverages
is hereby specifically made a violation of this Chapter with the same force and effect as if
the provisions of such laws were fully set forth herein.
27. Pursuant to Chapter 4, Section 4-10 Whenever in the opinion and judgment of the Mayor,
a public emergency shall be created or exist in the City causing or tending to cause public
disorder, lawbreaking, and confusion, the City Manager is hereby authorized and
empowered to prohibit by and through the issuance of his official decree the sale, serving,
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 17
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
G
0
4
aC n Vr
NOTICE
This submittal needs to be scheduled for a public hearing
in accordance with timelines set forth in the City of
Miami Code.The applicade decision -making bodywill
review the infonnaion at the public hearing to render a
recommendation or a final decision.
44,
14„,9‘'
REVIEW CO -
PZ-22-14997
06/09/23
or consumption of Alcoholic Beverages for and during a period of twenty four (24) hours
or such longer period of time as may be described in such decree at all commercial
establishments and at all other places in the City where Alcoholic Beverages are licensed
to be sold, served, or otherwise dispensed. In the issuance of such decree, the City
Manager shall have the fact of the issuance and the contents of such decree broadcast
by law enforcement communication device and by commercial radio stations and
otherwise given publicity as quickly and as widely as shall be feasible. It is hereby declared
to be illegal for any person operating, employed at, or otherwise controlling any of the
establishments or other places described in this Section to sell, serve, or permit the
consumption on the premises of Alcoholic Beverages during the period described in the
decree of the City Manager provided for in this Section. Each violation of or noncompliance
with any of the provisions of this Section shall constitute a separate offense and shall
subject every person guilty thereof to the penalty prescribed in Section 1-13 of the City Co
28. Failure to comply with the conditions herein may result in the immediate revocation of this
Exception and shall be subject to any fines and penalties pursuant to City Code.
f—DocuSigned by:
(Atisbka �nL1
'— 7r36CCroc6c34or...
Lakisha Hull, AICP, LEED AP BD+C
Planning Director
rS31:uSigned by:
� �fulAkr
56,4E5AF7E4'16..
Sevanne Steiner, CNU-A
Assistant Director
,—DocuSigned by:
AMU (6110 Pit
`—D7991CCFF0424A9
Zhaokai (Kyle) Liu
Planner II
NOTICE
The Final Decision of the Planning Director, or his/her designee, may be appealed to the
Planning, Zoning and Appeals Board by any aggrieved party within fifteen (15) days of the
date of the posting of the decision on the City's website. The filing of an appeal, and
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 18
06/05/2023
DocuSign Envelope ID: 45EA1 F2D-03CA-4DE 1-AD 1 A-C49510A0302B
This submittal needs to be scheduled for a pubic hearing
In accordance with timelines set forth in the City of
Miaml Code.The applica de decision -making bodywill
renew the Information at the public hearing to render
recommendation or a final decision.
payment of appropriate fee, may be submitted online
https://www. miam igov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver.
at
Final Decision Report No. (PZ-22-14997) 2838 NW 2 Ave— Page 19
06/05/2023
This submittal needs to be scheduled for a public hearing
in accordance wibr timelines set forth in the City of
Miami Code. The applica decision -making bodywill
reviewthe information at the public hearing to render a
recommendation or a final decision.
PZ-22-14997
06/09/23
d
NOTICE
This submittal needs to be scheduled for a public hearing
in accordance with timelines set forth in the City of
Miami Code. The applica de decision -making body will
reblew the Informatian at the public hearing to render a
recommended on or a final decision.
PZ-22-14997
06/09/23
NOTICE
This submittal needs to be scheduled bra public hearing
accordancein wilt timelines set forth in the City of
Miami Cede. The appllw de decision -making bodywIIL
review the information at the public hearing to render a
recommendation or a final decision.
PZ-22-14997