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HomeMy WebLinkAboutPZAB (13841) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-071 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13841 Date Rendered: 7/12/2023 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE MIAMI CITY COMMISSION OF AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114 ("MIAMI 21 CODE"), AND CHAPTER 4 — ALCOHOLIC BEVERAGES, SECTION 4-7(C) 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 IN THE WYNWOOD CAFE SPECIALTY DISTRICT, AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF MIAMI 21 CODE AND CHAPTER 4 — ALCOHOLIC BEVERAGES, SECTIONS 4-4(G) AND 4-7(C) OF THE CODE TO PERMIT, WITH CITY COMMISSION APPROVAL, AN UP TO 50 PERCENT REDUCTION IN DISTANCE SEPERATION REQUIREMENTS, AND A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2.2 AND ARTICLE 7, SECTION 7.1.2.4 OF MIAMI 21 TO PERMIT AN OUTDOOR DINING AREA FOR A PROPERTY ZONED "T5-O" URBAN CENTER TRANSECT ZONE - OPEN GENERALLY LOCATED AT 2838 NORTHWEST 2 AVENUE (239 NORTHWEST 28 STREET), MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 2838 Northwest 2 Avenue (the "Property"), as more particularly described in Exhibit "A", is zoned "T5-O," Urban Center Transect Zone — Open (Lot- 18 Block- 18, Lot-19 Block-18 and Lot-20 Block-18); and WHEREAS, the property is located in a portion of the Wynwood/Edgewater neighborhood and NRD-1 where there are a variety of zoning designations and commercial types; and WHEREAS, the Property is adjacent to the "T6-8-O" Urban Core Transect Zone — Open on the North; and WHEREAS, the existing property is within the boundaries of the Neighborhood Revitalization District ("NRD-1"); and WHEREAS, the Planning Department has reviewed the application and finds the proposed Exception and is consistent with the goals of Miami 21 and the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code, as amended, recommends approval with conditions; and Date Rendered: 7/12/2023 City of Miami Page 1 of 5 File ID: 13841 (Revision:) Printed On: 7/12/2023 WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the City; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to approve with conditions the requested Exception; 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 to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The PZAB hereby approves the Exception pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code, subject to the following conditions: 1. The project shall be developed in accordance with the plans and supporting documents submitted, bearing the E-Plan stamp for Exception No. PZ-22-14997. The applicant's satisfaction of the below conditions is subject to the approval of the Planning Department. 2. The internal lighting shall not display any flashing or strobe lighting and shall only act as a consistent illuminating component of the sign. 3. The applicant shall protect residential areas from the spillover effect of light. Orient outdoor lighting to minimize glare to the public realm and adjacent properties. 4. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 5. Noncompliance with any conditions or building code regulations may result in this Exception being rescinded, null, and void. 6. Pursuant Article 7 Section 7.1.2.6.e. this 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 (1) time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director. 7. Signage is not a part of this Warrant application and shall be reviewed under a separate permit application. 8. 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. 9. 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 City of Miami Page 2 of 5 File ID: 13841 (Revision:) Printed On: 7/12/2023 2:00 AM; and Sunday, 12:00 PM to 12:00 AM, seven days a week indicate hours and day(s). 10. Expansion or modifications to the approved layout by the current or future tenants shall require a new Warrant. 11. All outdoor lighting shall follow applicable codes and regulations as outlined in Miami 21 Code, Article 5, Section 5.7 - Ambient Standards (T-5). 12. Any concerns or complaints related to noise nuisance shall be addressed and resolved immediately. 13. The Applicant shall maintain an outdoor dining area in compliance with ADA separation requirements. 14. The Property shall comply with all Building Code regulations and shall not have any open Code violations. 15. All tables, seating, furnishings, and other such associated materials must be completely removable within twenty-four (24) hours. 16. 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. 17. 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. 18. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 19. 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. 20. 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. 21. 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 City of Miami Page 3 of 5 File ID: 13841 (Revision:) Printed On: 7/12/2023 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. 22. 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. 23. 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. 24. 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. 25. 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, 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 Code. 26. 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. 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. City of Miami Page 4 of 5 File ID: 13841 (Revision:) Printed On: 7/12/2023 Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 5 of 5 File ID: 13841 (Revision:) Printed On: 7/12/2023 h GRAPHIC SCALE TITLE REVIEW NOTES: SCHEDULE B-SECTION II effectiveItems 1 through 8: 'Standard TITLE COMMITMENT PPONDED BY: FIRST AMERICAN TILE INSURANCE COMPANY File No.: 53314, metiers shown on the plot recorded in s 9 All Plot Book 2 Page 29. a Public Records of o -Dade County, Florida(Does nnecl Properly Record Plot) ID Terms, conditions, restrictions. covenonls a. other matters os set fceth In that certain Easement Agfeement ALTA/NSPS LAND TITLE SURVEY N.W. 29th STREET recorded recorded Juneber 28.61975 In Oin oclol Reeed cords Book k 2921, 9024. Page 150as 5ed by and (further assigned innment of sernent that certreement ain Assignment — of Easement :ecorded March 2,1995 in Official Records Book Ififigg, Page 2630. all oflhe Public Records a Miami -Dade County. Florida. (Does affect Subject Property - Plotted on Survey), u Covenant running with the lond in fovor of the City of Miorni Moy 11,1990 in Official Records Book 14343, om 211, of Public Records of Miami -Dade County, andaa'rooes affect Subject Properly- Platted on 12, Terms a. conditions , the Sewer Focilities between Miami -Dade political sub AgreementyAve ttc o Dolawre droned fiabmty company recorded In Book 30654, Page 4959Eof Official Records: asNaffected by Assignment, Assumption and Acceptance of Agreement Rights recorded In Book 3.0. Page 3233 of Official Records. (Does affect Subject Property- Not a Plattable Survey Item) 13, The terms. provisions. (Does affect Properly - Nola Plottable Survey em) m Doak 1DB40, 3240 of Official Recordsg 14, INTENTIONALLY DELETED 15, INTENTIONALLY DELETED 16, Easement ranted to Florida Power & Light Company by Official Recar s9instrument (Does affect Prop y- Plotted on 5 1Py)corded in. Book T201. 9099 of 17. on of Restrictive Lieu of lenity of Title, terms, Book 31285, Fags 4761 of Omnm Records ((Doges offecl Property Not o Plottable Survey recorded I OlfiaDl Records,ed to Florida Power & Light Compony by (Doesaffect Prop y- Plot. on s instrumentrreee m. Book 312e6, 9 e79 of 19, The terms. pr vsions and conditions contained In Thal certain Permanent Off -Street Parking Certificate of Waiver. recorded In Book 31324, Page 1039 of Official Records (Does affect Subject Property- Not a Plollable L01-5 E., limb BLOCK-18 20 Coeenont Running Nfilh The Lond "Doeenant" recorded In Book 32031. Poge 1644 of Official Records. cluding (Does affect R Property- Not a Plolloble Survey Item), within the public NW 2athn Sleet. L0T-8 BLOCK-18 LOT-17 BLOCK-18 8,19 Imo' t L01-7 LOT-6 BLOCK-18 L0T-18 BLOCK-18 cis _ 1P 1-STORY STRUCTURE #239 I BUILDING HEIGHT = 23.3' BUILDING FOOTPRINT AREA = 17,735 VF L01-19 BLOCK-18 mar KO O LOT-20 BLOCK-18 o0 E w 25.85 emu nue CAS METER NOSE BIB 5935 1-STORY STRUCTURE R230 BUILDING HEIGHF = 213' BUILDING FOOTPRINT AREA = 7,899 SA -rem sueE OR BOO PPG E Bae Ba TILES SURFACE 332.94 60 t -3 LOT-22 BLOCK-18 ONCISETS SIDES. BUS SST CURB k a [ ASPHALT 14101ALPURIaNB -, ze /e a\ 20 N.W. 28th Flee clef hE 08 R- 10.00' 8= 'OB'45" eek,gafa IIIItII,19.73' on°L�� IIIII 13' i �V 1 1-SORY STRUCTURE 2838 BUILDING HEIGHT= 21.3' BUILDING FOOTPRINTI AREA = 8,899 SOF LOT-2 BLOCK-18 1 & 2-STORY STRUCTURE #2800 BUILDING HEIGHT = 37' BILDING FOOTPRINT AREA = 21,04 5/E LOT-23 BLOCK-18 1 ▪ — — — L fD_a� Aar;"- w4T — — N I L0T-1 BLOCK-18 LOT-24 BLOCK-18 E METER 11 CLEAR I R=25.00' 89 36121 , r1 11N 30th St baba NW 29th sf e. JP. SEISPE D NW28th St Ofiree LOCATION MAP NO i TO SCALE PROPERTY ADDRESS FOLIO#: /UPPa+M 80 PNW 28 STREET o eeNlo olio025um0 Pe°s3D Y own 230 NW 29 STREET u01-3125-024-3050p40 0 812 NN 2 AVENUE 013125 0243170 /EGAL DESCRIPTION PARCEL LOT 1. LESS THE EAST 10 FEEl THEREOF AND LESS RICHl-OF-WAY. AS RECORDED IN OFFICIAL RECORDS BOOK 31259 AT PAGE 871 OF THE PUBLIC RECORDS OF MIAM1-DADE COUNT,. FLORIDA AND LESS RIGHLT0-ROF;WAVDASLIREWRLD0B,%11;1 01FrAL RECORDS BOOK RECORDS OF MIAM1-DADE COuNTe. FLORIDA TOGETHER WITH: E ORDS OF MIAM1-DADE COUNTY, FLORIDA AND LESS RIGHT -OF -WA, AS RECORDED IN OFFICIAL RECORDS BOOK 31332 AT PACE 412,1 OF THE PUBLIC RECORDS OF MIAM1-DADE COUNT,. FLORIDA:DAND LOT 24. LESS THE EAST 5 FEET THEREOFAAND LESS,THE0WES-125 FEETT OF THE EAST 10 FEET OF lHE NORTH 45 PUBLIC RECORDS OF MIAM1-DADE COUNT,. FLORIDA, IN BLOCK 18. OF NORTHERN BOULEVARD hRACT. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. Al PAGE 29. OF lHE PUBLIC RECORDS OF MIAM1-DADE COUNle, FLORIDA. PARCEL 2: EASEMENT AND RIGHl-OF-WAY RIGHlS OVER lHE EAST 10 FEET OF LOT 17, BLOCK 1B, OF SAID NORlHERN BOULEVARD TRACh, ACCORDING l0 THE PLAT lHEREOF. AS RECORDED IN PLAl BOOK 2, AT PAGE 29. AS SET FORTH IN THE EASEMENT AGREEMEterT ASSIGNED IN -NAT ASSIGNMENh OF EASEMENT RECORDED MARCH 2, 1.5 IN BOOK 16699, PAGE 2630. OF OFFICIAL RECORDS OF THE PUBLIC RECORDS OF MIAMI-DAOE COUNTY. FLORIDA, SURVEVOR'S NOTES: The Legal Description shown elects the legal as shown on the Title Y. s Certlncotni`n is g,rovided b PAN certification of ZoninaEasements, or Freedom of Encumbrances OPINION OF TITLE. An exorninotion of Commitment issued by FIRST AMERICAN TITLE INSURANCE 2, COMPANY, 2021,was de to deterrmei re Instruments. If any affectingproperty,pr perty, However, there may Pe additional restrictions not shown on this survey that moy be found in the Public Records of this County, Tee m/oIn., accuracy wen -defined improvement on lees survey is LEGEND cal a,; O elevations of wen -defined improvement an this survey is --'--'-- vemeae re Line - Foundations and/or footings that may cross beyond the Poundary lines of the parcel herein described ore not shown hereon, 6- Not valid without the signature and .e original raised seal of Florida Licensed Surveyor and Mapper Additions or deletions to survey mops or reports by other thon the signing party or parties ore — prohibited a written .ee consent of Pri isigning esPgn w parties ▪ — - uaaameat bole - ding re Zoning in round utilities ore not depicted hereon, cont.,. oppropriote —_--cemewae to any designau work orO constructiified as on on he proper herein rom ly L' utilities shown hereon. ay, - and/or wall owns h -Existing Elevations / ▪ se,,„ a TnecNan raw shown hereon based an recorded plat of a PLA to e plat of as recorded in Plat Book 3, 0 ewtit Page 57. , the 9Public h Records k Dale MlamleDdde County. Florida. the ' n accordance wtn o PBa. ESP. =round eon Rehar ; 14/ x °/ip12TL Dates. 9T11/2009 Flood Zone: "X' Bose Flood Elevotion = 0 -Light Pole FPL, -Flo,. Power Li,- a t (1,7 8./ yes) =are xpram HOT eNeighl 16- Present za 5_0-(Urba Zone) & ®▪ �nle1 a� o©Front/Street 75 report furnished T6(Urban Core Zone) within Wynwood NRID-1 17- e v Zoning Info, Inc. dated ao = 09/16/202l e .: =fable Tv B1, pi`-PFof 1t/ tr e de/Re =°;n' lleeheMeerBora_Rerd n9 - s (existing 2 story) B sP2/R Rse�k Pm/Rebar t ALth /enPluesArn, named hereon. The SURVEY Certrnr"aie does naared cr.e exclusive extend to p°K ode oor�non a use unnamed party LANDTITLE W -Monitoring Valve oIA = me er ENCROACHMENT NOTES: erekoose ®=uamtar Wee THERE ARE NOENCROACHEMENTS EITHER WAY ACCROSS PROPERTY LINES OF IMPROVEMENTSANY ON SUBJECT PROPER v SURVEYOR'S CERTIFICATE: -91,9 to certify to: LLC a Delaware - FINANCE LLC, a Delaware limited Mobility company, Its successors and/or assigns INSURANCECOMPANY - ROYAL ABS1PACT NATIONAL, LLC This is to cehify thot this map or lat the survey on which it is hosed were mode in occordonce with the 2.021 Minimum De1nil Requirements far A A / NSPS Land Title S n. jointly esloblished and adopted by ALTA and NSPS, Dnd Includes , 6(o), 6(0, 7m)(1), 9,10(a),13,16, ,19 and 20 of Table A thereof. The fieldwork was completed on January 8. 2022. valid lsignature and r9pnv e ernl to 4720 ol raised seal without written conse les nt ee eyMpMapper. Additions or deletions Not alwithout u la this wy n JacobFor the Firm Ravel Point La. Surveyors. Inc LB, 7282 Dlgltalytlgned elJAC. GOMIS, PROFESSIONAL SURVEYORR Lsp byLamb2Dmis 62 1 STATE OF FLORIDA 2022.01.13 Gomis oa:a3:zs-oso0'o' RECORD OF REVISION Oz re 75 NW 1153rd STREET, SUITE 321, MIAMI CHECKED, PJA SCALE AS NOTED FIELD DATE: 01/06/2022 JOB No.: RP22-0020 SHEET: d