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Home My WebLink AboutAnalysis and MapsCity of Miami Planning Department ANALYSIS FOR EXCEPTIONS Staff Analysis Report No. PZ-23-16209 Location 31 Northwest 36 Street Folio Number 0131240211810 Miami 21 Transect "T6-8-O," Urban Core Transect Zone — Open; "NRD-2," Wynwood Norte Neighborhood Revitalization District MCNP Designation General Commercial Commissioner District District 5 — Commissioner Christine King Commissioner District Office Wynwood-Edgewater Planner Leeann Parker, Planner I (Iparker@miamigov.com) Property Owner Retail NW 36 Street LLC Project Representative Carli Koshal, Esquire (ckoshal@brzoninglaw.com) Pursuant to Article 7, Sections 7.1.2.6 of Ordinance 13114 ("Miami 21 Code"), as amended, and Chapter 4 - Alcoholic Beverages of the City Code of Ordinances ("City Code"), as amended, Carli Koshal, Esquire, on behalf of Retail NW 36 Street LLC, (the "Applicant") requests three (3) Exceptions at the real property designated "T6-8-O," Urban Core Transect Zone — Open located at 31 Northwest 36 Street, Miami, Florida (the "Property"), as follows: 1. Exception, pursuant to Article 6, Table 13, Article 7, Section 7.1.2.6 of Miami 21 Code and Chapter 4, Section 4-7(c) of the City Code to permit, with City Commission approval, an Alcohol Service Establishment in excess of 5,000 square feet. 2. Alcoholic Beverages, Sections 4-3(a) and 4-7(c) of the City Code to permit, with City Commission approval, an extension of hours at an Alcohol Service Establishment to 5:00 a.m. Exception, pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter 4, Sections 4-4(g) and 4-7(c) of the City Code to permit, with City Commission approval, a reduction of up to fifty percent (50%) for the distancing requirements between establishments that allow consumption of alcohol on the premises. Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 1 08/05/24 B. RECOMMENDATION Pursuant to Article 4, 6, and 7 of the Miami 21 Code, as amended, and Chapter 4 - Alcoholic Beverages of the City Code of Ordinances, as amended, the Planning Department recommends Approval with Conditions of 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 "T5-O," Urban Center Transect Zone — Open General Commercial Other Industrial Intensive, non- noxious South "T6-8-O," Urban Core Transect Zone — Open General Commercial Sales and Services East "T6-8-O," Urban Core Transect Zone — Open General Commercial Sales and Services West "T6-8-O," Urban Core Transect Zone — Open General Commercial Sales and Services D. BACKGROUND Site Location The Property is located on the north side of Northwest 36 Street, west of North Miami Avenue and east of Northwest 1 Avenue, within close proximity to Midtown Miami and Florida State Road 112. Figure 1: Aerial of Subject Site Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 2 08/05/24 E. ANALYSIS Miami 21 Code Exception 1 Pursuant to Article 7, Sections 7.1.2.6, Article 4, Table 3, and Article 6, Section 6.1, Table 13 of the Miami 21 Code and Chapter 4 - Alcoholic Beverages, Section 4-7(c) of the City Code to permit, with City Commission approval, an Alcohol Service Establishment in excess of 5,000 square feet. Criteria 1: "The review shall consider the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses..." Analysis 1: The proposed Alcohol Service Establishment Use is to occupy approximately 26,112 square feet over three (3) Stories; the first two (2) Stories are interior, and the third Story is a habitable rooftop. A breakdown of the square footage can be seen in the table below. Service Area (sq. ft.) Back of House (sq. ft.) Total (sq. ft.) First Story 4,850 3,935 8,785 Second Story 3,630 5,172 8,802 Third Story 4,140 4,385 8,525 Total (sq. ft.) 12,620 13,492 26,112 The total square footage of the Alcohol Service Establishment Use increases the Intensity of the existing Structure; however, the majority of square footage is dedicated to back of house operations. The Use is compatible to the adjacent General Commercial Uses and the more intense Industrial Uses to the north. High Density Single -Family and Low -Density Multi -Family Residential Uses currently exist along Northwest 35 Street to the south. These Residential Uses are buffered from the Property by Northwest 36 Street and the General Commercial Uses which line the south side of Northwest 36 Street. Any noise generated onsite shall comply with noise regulations and requirements set forth in Chapter 36 of the City of Miami Code, as amended. Findings 1: Complies Criteria 2: Article 4, Table 12, "Ensure transitions of Density, Intensity, and Height that complement the Neighborhood context." Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 3 08/05/24 Analysis 2: Density is not impacted by the requested Exception as the proposed Use is Commercial in nature. The 26,112 square -foot Alcohol Service Establishment will be located across three (3) Stories within the Building, which is an Intensity and Height of the Use that is cohesive with the existing urban context found along Northwest 36 Street, particularly in relation to Uses such as Industrial, General Commercial, Office, Multi -Family Housing, and Single Family Residential. Findings 2: Complies Criteria 3: Article 4, Table 12, "Calibrate Density, Intensity, and Uses to facilitate walkability and promote transit use." Analysis 3: The Intensity and the Use itself facilitate walkability and promote transit use based on proximity to bus stops within the Transit Corridor, in addition to proximity to the surrounding Industrial, General Commercial, Office, Multi -Family Housing, and Single Family Residential Uses. The requested Exception to exceed square footage increases the Use's capacity and, therefore, patronage. These aspects contribute to pedestrian activity, and in turn to transit use, due to the ease of navigating throughout the Neighborhood without reliance on personal vehicles. Findings 3: Complies Exception 2 Pursuant to Article 7, Sections 7.1.2.6 of the Miami 21 Code and Chapter 4 - Alcoholic Beverages, Sections 4-3(a) and 4-7(c) of the City Code to permit, with City Commission approval, an extension of hours to 5:00 am. Criteria 1: "The review shall consider the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses..." Analysis 1: Hours of operation for Alcohol Service Establishments are permitted until 3:00 am. The impact of extending the hours of operation until 5:00 am are minimal. The proposed Alcohol Service Establishment Use is compatible to the adjacent General Commercial Uses and the more intense Industrial Uses. High Density Single -Family and Low -Density Multi - Family Residential Uses currently exist within proximity of the Property, along Northwest 35 Street. These Residential Uses are buffered from the Property by Northwest 36 Street and the General Commercial Uses which line the south side of Northwest 36 Street. Any noise generated onsite shall comply with noise regulations and requirements set forth in Chapter 36 of the City of Miami Code, as amended. Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 4 08/05/24 Findings 1: Complies Criteria 2: Article 4, Table 12, "Ensure transitions of Density, Intensity, and Height that complement the Neighborhood context." Analysis 2: As the requested Exception to extend open hours to 5:00 am is operational in nature, the Density, Intensity and Height of the Use, being physical components, are not impacted by the request. Findings 2: Complies Criteria 3: Article 4, Table 12, "Calibrate Density, Intensity, and Uses to facilitate walkability and promote transit use." Analysis 3: The Intensity and the Use itself facilitate walkability and promote transit use based on proximity to bus stops within the Transit Corridor, in addition to proximity to the surrounding Industrial, General Commercial, Office, Multi -Family Housing, and Single Family Residential Uses. The requested Exception to extend hours of operation to 5:00 am helps contribute to the Crime Prevention through Environmental Design (CPTED) principle knows as, "Eyes on the street." Pedestrian activity is known to deter crime, contributing to a safer nighttime environment during this timeframe within the NRD-2 Neighborhood. Findings 3: Complies Exception 3 Pursuant to Article 7, Sections 7.1.2.6 of the Miami 21 Code and Chapter 4 - Alcoholic Beverages, Section 4-4(g) and 4-7(c) of the City Code to permit, with City Commission approval, a reduction in distancing requirements by up to fifty percent (50%) for establishments that allow consumption on the premises. Criteria 1: "The review shall consider the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses..." Analysis 1: Pursuant to Chapter 4, Section 4-4(c) of the City Code, the distance separation "for licensed establishments under the laws of the state that allow for the consumption or sale of liquor on or off the premises and/or beer or wine for consumption on the premises shall be a minimum of 1,500 feet from a license of the same type." The proposed Alcohol Service Establishment is approximately 760 feet away feet away from a similarly licensed establishment, located at 3456 North Miami Avenue, as measured by the route of ordinary Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 5 08/05/24 pedestrian traffic. The addition of the proposed Alcohol Service Establishment Use within the Neighborhood, while incompliant with the distancing requirements, does not result in an oversaturation of the Use that is disruptive to less intense Uses within proximity of the Property. Immediately adjacent are General Commercial Uses and more intense Industrial Uses. High Density Single -Family and Low -Density Multi -Family Residential Uses currently exist within proximity of the Property, along Northwest 35 Street. These Residential Uses are buffered from the Property by Northwest 36 Street and the General Commercial Uses which line the south side of Northwest 36 Street. Any noise generated onsite shall comply with noise regulations and requirements set forth in Chapter 36 of the City of Miami Code, as amended. Findings 1: Complies Criteria 2: Article 4, Table 12, "Ensure transitions of Density, Intensity, and Height that complement the Neighborhood context." Analysis 2: As the requested Exception is regarding distancing requirements in relation to the specific location of the Use, the Density, Intensity and Height of the Use are not impacted by the request. Findings 2: Complies Criteria 3: Article 4, Table 12, "Calibrate Density, Intensity, and Uses to facilitate walkability and promote transit use." Analysis 3: The Intensity and the Use itself facilitate walkability and promote transit use based on proximity to bus stops within the Transit Corridor, in addition to proximity to the surrounding Industrial, General Commercial, Office, Multi -Family Housing, and Single Family Residential Uses. The request to reduce distancing requirements contributes to the variety of Uses located along Northwest 36 Street and within the NRD-2 Neighborhood. These aspects contribute to pedestrian activity, and in turn to transit use, due to the ease of navigating throughout the Neighborhood without reliance on personal vehicles. Findings 3: Complies Chapter 4 — Alcohol Beverages Criteria 1: An operational/business plan that addresses hours of operation, number of employees, menu items, business goals, and other operational characteristics pertinent to the application. Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 6 08/05/24 Analysis 1: The Applicant intends to operate seven (7) days a week. See below for operational details per floor: • First floor: The operator intends to employ approximately ten (10) persons per shift over two working shifts; operating hours 11:00 am to 5:00 am, Monday through Saturday, noon to 5:00 am on Sunday. • Second floor: The operator intends to employ approximately ten (10) persons per shift over two working shifts; operating hours 10:00 pm to 5:00 am, • Third floor: The operator intends to employ approximately 18 persons per shift over two working shifts; operating hours 11:00 am to 5:00 am, Monday through Saturday, noon to 5:00 am on Sunday. The maximum occupancy is approximately 672 patrons, and the operator intends to employ approximately seventy-six (76) persons over two working shifts. The mission of the business is to provide a unique entertainment experience that offers a diverse range of options for enjoyment from lunchtime until late night. Findings 1: Complies Criteria 2: A parking plan which fully describes where and how the car park is to be provided and utilized, e.g., valet, self -park, shared parking, after -hour metered spaces, and the manner in which the parking is to be managed. The city commission or the PZAB, as applicable, may grant approval for 100 percent of the required parking to be located offsite within a distance of 600 feet from the subject Alcohol Service Establishment if the proposed parking is to be "self -park" and a distance of 1,000 feet from the subject Alcohol Service Establishment if the proposed parking is to be by "valet." Analysis 2: The required twenty-two (22) parking spaces have been fully satisfied through payment into a Parking Trust Fund via Waiver CFN 2024R0151750. In addition to the payment into the Parking Trust Fund, the Project will also offer a valet parking service for customers. The Applicant is working with Miami Parking Inc. to provide valet services for the Property. To minimize the impact of parking and loading on the public realm and adjacent properties, these activities will not occur on Northwest 36 Street, but rather along the alley along the north side of the Property. It should also be noted that there is a large public parking garage across the street at 3401 North Miami Avenue within Midtown available for customers. Findings 2: Complies Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 7 08/05/24 Criteria 3: For Alcohol Service Establishments proposing capacities over 300 persons, an indoor/outdoor crowd control plan that addresses how large groups of people waiting to gain entry into the Alcohol Service Establishment and already on the premises will be controlled. Analysis 3: In order to minimize impacts on the public realm, the entrances to the Project will be from the back of the building. Groups will wait for admission at the lobby on the ground floor, and security will ensure that the public Right -of -Way is not impacted. Security will maintain an accurate count of patrons relative to permissible capacity and create clearly demarked queuing space. Additionally, crowds will be controlled on an operational basis through the reservation system. Findings 3: Complies Criteria 4: A security plan for the Alcohol Service Establishment and any parking facility. Analysis 4: The operator will employ two full-time security officers and intends to utilize a third -party security company (10 persons) between the hours of 9:00 pm and 5:00 am for the operation of all the three floors. Additionally, the operator intends to contract for off duty police service from 10:00 pm to 4:50 am. There are no affiliated parking facilities on the premises. Security will be tasked with requiring proper identification, identifying and refusing entry to overly intoxicated individuals, and maintaining training in security related scenarios. Findings 4: Complies Criteria 5: For Alcohol Service Establishments proposing capacities over 300 persons, a traffic study and traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. Analysis 5: The Applicant provided a Traffic Circulation Analysis to evaluate the proposed vehicle circulation to and from the site. A Traffic Control Measures Plan is proposed to reduce the impacts of single -occupant vehicular traffic on the surrounding roadway network. The applicant will commit to implementing the following measures and intends to make the site bicycle/pedestrian and transit -friendly: • Providing transit information within the site including route schedules and maps • Providing a carpool incentive program for employees • Providing subsidized transit passes for employees Findings 5: Complies Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 8 08/05/24 Criteria 6: A sanitation plan which addresses on -site facilities as well as off -premises issues resulting from the operation of the Alcohol Service Establishment. Analysis 6: The Applicant will contract Waste Management for trash pickup six (6) days per week from the hours of 7:00 am to Noon. Additionally, Staff will maintain the premises and immediate area to ensure cleanliness. It should be noted that sanitation services will be provided via the alley to the north of the Property, minimizing any impacts to traffic and odors along Northwest 36 Street. Findings 6: Complies Criteria 7: Proximity of the proposed Alcohol Service Establishment to districts residential. Analysis 7: According to the survey provided by the Applicant, T3-L districts measure 1,105 feet based upon the route of ordinary pedestrian traffic. T4-R districts measure 1,065 feet based upon the route of ordinary pedestrian traffic. Pursuant to Chapter 4, Section 4-4(f), the minimum requirement is five hundred feet (500'). Findings 7: Complies Criteria 8: If the proposed Alcohol Service Establishment is within 200 feet of any residential use, a noise attenuation plan that addresses how noise will be controlled shall be required, especially in the case of indoor/outdoor uses. Analysis 8: High Density Single -Family and Low -Density Multi -Family Residential Uses currently exist along Northwest 35 Street, located approximately 180 feet away from the proposed Alcohol Service Establishment. These Residential Uses are buffered from the Property by Northwest 36 Street and the General Commercial Uses which line the south side of Northwest 36 Street. The Applicant proposes the following noise attenuation strategies to be implemented on the premises: • Life -safety occupancy levels will be strictly enforced to limits crowds and their requisite noise levels. • A canopy roof element covers outdoor areas which will facilitate the containment of sound within the Project. • Music in outdoors areas will be limited to ambient levels, at a level that permits normal conversation. Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 9 08/05/24 • Landscaping and rooftop plantings have been designed and arranged in manner anticipated to offer some noise buffering from the abutting right of way. Findings 8: Complies F. FINDINGS • Pursuant to Article 4, Table 3 and Article 6, Section 6.1, Table 13 of the Miami 21 Code and Chapter 4, Sections 4-3(a), 4-4(g), and 4-7(c) of City Code, an Alcohol Service Establishment in excess of 5,000 square feet in the "T6-8-O," Urban Core Transect Zone — Open, an extension of hours to 5:00 am, and a reduction of up to fifty percent (50%) for the distancing requirements between establishments that allow consumption of alcohol on the premises is allowed by process of Exception, with City Commission Approval. • The Applicant's received an approved Alcohol Reservation Letter (PZ-21-11676) with batch -stamp date of 01/28/2022. • This Project is associated with Outdoor Dining Warrant PZ-23-16811. • Pursuant to Article 7, Sections 7.1.2.6, 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 7.1.3.4 of the Miami 21 Code, the application has been referred to the following agencies whose comments and recommendations have been considered and are reflected in this final decision: the Office of Zoning, the Department of Resilience and Public Works, and the Environmental Resources Division. • Pursuant to Article 7, Sections 7.1.2.6 of the Miami 21 Code, the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient. G. CONCLUSION Pursuant to Article 7, Sections 7.1.2.6, Article 4, Table 3, and Article 6, Section 6.1, Table 13 of the Miami 21 Code and Chapter 4 - Alcoholic Beverages, Sections 4-3(a), 4-4(g), and 4- 7(c) of the City Code, the Planning Department recommends Approval with Conditions for three (3) Exceptions, as presented with the following conditions: H. CONDITIONS 1. The Project shall be developed in accordance with the plans and supporting documents submitted, bearing the E-Plan stamp for Exception PZ-23-16209. Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 10 08/05/24 2. Signage shall be processed under a separate permit in accordance with Article 10 of Miami 21 3. 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. 4. 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. 5. 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 the City Code. 6. The Applicant, owner, or successor shall meet the conditions all applicable local, state, and federal regulations. 7. 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. 8. Pursuant to Miami 21 Code, Section 7.1.2.6.e, "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." 9. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 10. This Alcohol Service Establishment is approved for approximately 26,112 square feet as depicted in the batch -stamped plans and supporting documents. 11. The Alcohol Service Establishment shall be limited to the following hours of operation: Monday to Saturday from 11:00 am to 5:00 am and Sunday from Noon to 5:00 am, in accordance with the operation plan submitted with the application. 12. 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. 13. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation. 14. Per Miami City Code Chapter 4, no loitering or drinking outside of the establishment shall be permitted at any time. Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 11 08/05/24 15. A change of operator will require the new owner to provide a notarized letter indicating the new operator agrees to these conditions of approval. Should the new operator not agree to these conditions, a new Exception will be required. 16. The Alcohol Service Establishment shall be in compliance with ADA separation requirements. 19. The Applicant shall provide a minimum of 18" from back-to-back for each chair to other chairs or structure. 20. Pursuant to Article 6, Section 6.3.2.2, Outdoor Dining is permitted by process of Warrant. 21. The Outdoor Dining shall be developed in accordance with the plans and supporting documents submitted, bearing the E-Plan stamp for Warrant PZ-23-16811. [yDocuSigned by: etvii, Slaw 77D014848CA8486... David Snow Planning Director ,-DocuSigned by: SuitaAAAL Sf u1n,c r 3A75CAC5AF7E446... Sevanne Steiner, CNU-A Assistant Planning Director DocuSigned by: �e eu n n \unicen, 1A5A3448113E4F5... Leeann Parker Planner I Staff Analysis Report No. PZ-23-16209 31 NW 36 ST — Page 12 08/05/24 AERIAL EPLAN ID: PZ-23-16209 REZONE ADDRESS(ES): 31 NW 36 ST 0 1 50 100 200 Feet I 1 MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-23-16209 REZONE ADDRESS(ES): 31 NW 36 ST 0 62.5 125 250 Feet 1 I I I 1 I I I 1 1195 1 195 NW 37TH ST '7 2 2 z NW 36TH-ST NE 36TH ST FUTURE LAND USE MAP (EXISTING) EPLAN ID: PZ-23-16209 COMPREHENSIVE PLAN AMENDMENT ADDRESS(ES): 31 NW 36 ST 0 62.5 125 250 Feet 111111111 1195 NW 37TH ST General CnrmmPrhial NW36TH=ST NE 36TH ST