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HomeMy WebLinkAboutPZAB (16911) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-25-005 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 16911 Date Rendered: 2/14/2025 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL WITH CONDITIONS OF THREE (3) EXCEPTIONS PURSUANT TO ARTICLE 6, TABLE 13 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 CHAPTER 4 — ALCOHOLIC BEVERAGES, SECTIONS 4-3(A), 4-4(G), AND 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, AN EXTENSION OF HOURS FROM 3 AM TO 5 AM, AND A REDUCTION IN DISTANCING REQUIREMENTS BY UP TO 50% FOR ESTABLISHMENTS THAT ALLOW CONSUMPTION ON THE PREMISES AT REAL PROPERTY DESIGNATED "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, GENERALLY LOCATED AT 31 NORTHWEST 36 STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A" ("PROPERTY"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Carli Koshal, Esquire, on behalf of RETAIL NW 36 STREET, LLC ("Applicant"), applied to the City of Miami ("City") for three (3) Exceptions pursuant to Article 6, Table 13 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 Chapter 4 — Alcoholic Beverages, Sections 4-3(a), 4-4(g), and 4-7(c) of the Code of the City of Miami, Florida, as amended, ("City Code") to permit, with City Commission approval, to allow (1) an Alcohol Service Establishment in excess of 5,000 square feet, (2) an extension of hours from 3:00 AM to 5:00 AM, and (3) a reduction in distancing requirements by up to 50% for establishments that allow consumption on the premises at 31 Northwest 36 Street, as more particularly described in the attached and incorporated Exhibit "A" ("Property"); and WHEREAS, the Property is designated "T6-8-O," Urban Core Zone — Open on the Zoning Atlas of the Miami 21 Code; and WHEREAS, the Property is approximately 9,500 square feet in size; and WHEREAS, the Applicant submitted, an operational/business plan that addresses hours of operation, number of employees, menu items, business goals, sanitation, and other operational characteristics pertinent to the Alcohol Service Establishment applications as per Chapter 4 of the City Code; and Date Rendered: 2/14/2025 City of Miami Page 1 of 4 File ID: 16911 (Revision:) Printed On: 2/14/2025 WHEREAS, pursuant to the survey submitted as part of the application, the Alcohol Service Establishment is located more than 500 feet from the nearest point of a residential district; and WHEREAS, the proposed Alcohol Service Establishment is approximately 26,112 square feet; and WHEREAS, pursuant to the Miami 21 Code, the proposed Alcohol Service Establishment Use exceeds the 5,000 square feet permitted By Right; and WHEREAS, pursuant to the City Code, Alcohol Service Establishments are permitted to operate Monday — Saturday from 11:00 AM to 3:00 AM and Sunday from Noon to 3:00 AM; and WHEREAS, the Applicant has requested an extension of hours to operate until 5:00 AM pursuant to Chapter 4 of the City Code; and WHEREAS, the proposed Alcohol Service Establishment will operate from Monday to Saturday from 11:00 AM to 5:00 AM and Sunday from Noon to 5:00 AM with a 4COP Quota License; and WHEREAS, pursuant to the City Code, 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; and WHEREAS, the proposed Alcohol Service Establishment is located approximately 760 feet away from another Alcohol Service Establishment; and WHEREAS, it is found that the three (3) Exceptions meet the criteria of Article 4, Table 12; and WHEREAS, the Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code recommends approval with conditions of the three (3) Exceptions; and 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, the PZAB finds that the applicable requirements of the Miami 21 Code have been met with the conditions as stated in Section 2 herein; 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 three (3) requested Exceptions; 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 recommends to the City Commission approval, with conditions, of three (3) Exceptions pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 City of Miami Page 2 of 4 File ID: 16911 (Revision:) Printed On: 2/14/2025 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 to permit, with City Commission approval, (1) an Alcohol Service Establishment in excess of 5,000 square feet, (2) an extension of hours from 3:00 AM to 5:00 AM, and (3) a reduction in distancing requirements by up to 50% for establishments that allow consumption on the premises at 31 Northwest 36 Street, as more particularly described in the attached and incorporated Exhibit "A, 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 PZ-23-16209. 2. Signage shall be processed under a separate permit(s) in accordance with Article 10 of the Miami 21 Code. 3. The Applicant, owner, and any 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, and any 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, and any 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, "[a]n 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 Property 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 City of Miami Page 3 of 4 File ID: 16911 (Revision:) Printed On: 2/14/2025 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, as may be amended from time to time. 14. Per Chapter 4 of the City Code, no loitering or drinking outside of the Alcohol Service Establishment shall be permitted at any time. 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(s). 20. Pursuant to Article 6, Section 6.3.2.2 of the Miami 21 Code, 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. 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 become effective immediately upon its adoption. City of Miami Page 4 of 4 File ID: 16911 (Revision:) Printed On: 2/14/2025 GRAPHIC SCALE ( IN FEET ) 1 inch = 20 H. ABBREVIATIONS LEGEND A = ARC (C) = CALCULATED CH = CHORD C.N.A. = CORNER NOT ACCESSIBLE CONC. = CONCRETE d = DELTA F.C. = FENCE CORNER F.D.H. = FOUND DRILL HOLE F.E. = FENCE ENDS F.F.E. = FINISHED FLOOR ELEVATION F.I.P./F.I.R. = FOUND IRON PIPE/ROD F.N. = FOUND NAIL F.N&D. = FOUND NAIL AND DISC = FOUND PARKER KALON NAIL I.D. = SURVEYOR'S IDENTIFICATION L = LENGTH (M) = MEASURED 0/S = OFFSET (P) = PLATTED D.B. = PLAT BOOK P.C. = POINT OF CURVATURE P.C.C. = POINT OF COMPOUND CURVATURE PG. = PAGE P.R.C. = POINT OF REVERSE CURVATURE P.R.M. = PERMANENT REFERENCE MONUMENT P.T. = POINT OF TANGENCY R = RADIUS (R) = RECORD R/W = RIGHT-OF-WAY S.I.R./S.I.P. = SET 1/2'. IRON ROD/PIPE SAD. = SET NAIL AND DISC TAN = TANGENT (TYP.) = TYPICAL U.E. = UTILITY EASEMENT OVERHEAD WIRE LINE // WOOD FENCE X CHAIN LINK FENCE IRON/ALUMINUM FENCE POLYVINYLCHLORIDE FENCE (PVCF) MONUMENT LINE CENTERLINE PROPERTY LINE - V///1 ASPHALT PAVING CONCRETE CONCRETE BLOCK STUCCA' = OVERHANG (0/H) OR ROOF SYMBOL LEGEND = AIR CONDITIONER O = BELLSOUTH BOX = CABLE BOX = CATCH BASIN I1 = CONCRETE LIGHT POLE = CONTROL VALVE BOX = ELECTRIC BOX ,,D53= EXISTING ELEVATIONS ELECTRIC METER ®= ELECTRIC SERVICE BOX ybp = FIRE HYDRANT = F& LIGHT LORIDA BOX POWER = HANDICAP SPACE ®= INLET X = LIGHT POLL— * = METAL LIGHT POLE = POOL PUMP Q = SANITARY MANHOLE I};:f = SPRINKLER PUMP = WATER METER pd = WATER VALVE 'O-+= WOOD POLE ADJACENT BUILDING 177.0' FIP. 1/2", N ati No I.D. 'I' ELECTRIC • + METER XX IN 0 0.93' 26' 25.4' oo 3RD. FLOOR WALL • CPEr 1 :',ALLEY P$`R PLAT DIRT x EC ENT • OCNCRkTt•,, 56.4' —/rw— 3ATONY BUILCING# 31 FIRST FLOORIEL. +15.48' FIRST FLOOR ELEVATOR HL.= +16,22' SECOND FLOOR IEL.= +30.65' THIRD FLOOR EL.= +46.79' FORCE MAIN 91.T Winnii�M co )Jo VOW OM 111MMO' e I 17.4 0.49' 1.08' 0- 'hNStP��1� 0.36' O TRAFFIC ORIGINAL PROP ' - � EXISTING R/W2' LINE VALL GUTTER �y. o�N.V\b 364STFET �a Al VALVE 0.24' 1/2" r mmf E. AWE ONE PM LK LOCATION SKETCH NOT TO SCALE TAX FOLIO NO.: 01-3124-021-1810 PROPERTY ADDRESS: 31 NW 36 STREET MIAMI, FLORIDA 33127 CERTIFIED TO: 1.RETAIL 31 NW 36 STREET LLC LEGAL DESCRIPTION: Lots 20 and 21, in Block 10 of "PRINCESS PARK", according to the Plat thereof, recorded in Plat Book 6, Page 87, of the Public Records of Miami -Dade County, Florida. SURVEYOR'S NOTES: 1. LEGAL DESCRIPTION FURNISHED BY CLIENT. NO SEARCH OF PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2. ANY ELEVATIONS SHOWN HEREON ARE PER NATIONAL GEODETIC VERTICAL DATUM (1929 MEAN SEA LEVEL). 3. NO EXCAVATIONS WERE PERFORMED AS 10 DETERMINE UNDERGROUND ENCROACHMENTS. 4. DISTANCES AND ANGLES ARE FIELD MEASURED AND CORRESPOND WITH RECORD DATA UNLESS NOTED. 5. THIS SURVEY WAS PREPARED FOR PERMITTING. 6. IN SOME INSTANCES, GRAPHIC REPRESENTATIONS HAVE BEEN EXAGGERATED TO MORE CLEARLY ILLUSTRATE RELATIONSHIPS BETWEEN PHYSICAL IMPROVEMENTS AND/OR LOT LINES, IN ALL CASES, DIMENSIONS SHOWN SHALL CONTROL THE LOCATION OF THE IMPROVEMENTS OVER SCALED POSITIONS. 7. ADDITIONS OR DELETIONS TO THIS SURVEY MAP BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. (CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES) DRAWN BY: J.G. CHECKED BY: J.S.P SCALE: 1 = 20' FIELD DATE: 12-19-23 JOB No. 2023-0341 U 1 L IrJMrIr PE1 SU RVEY Ie SjERVIrCJES'e 1 L c 0760 S.W. 43rd TERRACE MIAMI, FLORIDA 33165 PHONE: 786-970-7577 E-MAIL: arodriguez0525©comcast.net FLOOD ELEVATION INFORMATION Date of Field Work: 11-10-2023 DATE OF FIRM: 08/18/2014 COMMUNITY No:120650/CITY OF MIAMI PANEL: 0312 SUFFIX: L ZONE X SHEET: 1 PREPARED FOR: RETAIL 31 NW 36 STREET LLC TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY BASE FLOOD ELEVATION'. N/A BENCHMARK NO MIAMI-DADE COUNTY ELEVATION: I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED BY THE OFFICE SHOWN HEREON AND THAT 1 AM THE SURVEYOR OF RESPONSIBLE CHARGE FOR NONE OTHER THAN SAID OFFICE. ADDITIONALLY, THIS SURVEY MEETS AND/OR EXCEEDS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH IN CHAPTER 5J-17.051 OF THE AOIAII I OATIVE CO�EPURSUAP T FLORIDAIDA S S U. J` • SIGNED: 4 ______ JULIO S. ITAJ AND MAPPER?r� pia FLORIDA LICENSE NO.: 5789 1 I �7 -04I 00I NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR/MAPPER NAMED ABOVE. 0814y7soi ed ry Julio S Pita iCate: 2024.05.31