HomeMy WebLinkAboutR-25-0160City of Miami
Resolution R-25-0160
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16952 Final Action Date: 4/24/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING TWO (2) 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 4-4(G)
AND 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ("CITY CODE"), TO PERMIT, WITH CITY COMMISSION
APPROVAL, 1) AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF
5,000 SQUARE FEET AND 2) A REDUCTION IN DISTANCING
REQUIREMENTS BY UP TO FIFTY PERCENT (50%) FOR AN ALCOHOL
SERVICE ESTABLISHMENT THAT ALLOWS 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, MORE PARTICULARITY DESCRIBED IN EXHIBIT
"A," ATTACHED AND INCORPORATED ('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, during the City Commission hearing on April 24, 2025, the Applicant's
representative withdrew the Exception request for the extension of hours from 3:00 AM to 5:00
AM; 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
City of Miami Page 1 of 4 File ID: 16952 (Revision: A) Printed On: 8/21/2025
File ID: 16952 Enactment Number: R-25-0160
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, 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 two (2) Exceptions meet the criteria of Article 4, Table 12,
with conditions; 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 two (2) Exceptions; and
WHEREAS, on January 29, 2025, at a duly noticed public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the application for an Exception, Item PZAB 1, and
passed PZAB-R-25-005, recommending approval with conditions by a vote of seven to zero (7-
0); and
WHEREAS, consideration has been given to the goals, objectives, and policies of the
MCNP, the Miami 21 Code, and all other regulations of the City; and
WHEREAS, it is found 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 two (2) requested
Exceptions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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 City Commission hereby approves, with conditions, two (2) Exceptions
pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter
City of Miami Page 2 of 4 File ID: 16952 (Revision: A) Printed on: 8/21/2025
File ID: 16952 Enactment Number: R-25-0160
4 — Alcoholic Beverages, Sections 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 and
(2) 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. Hours of operation will be in accordance with the City Code.
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, as may be amended from time to time.
City of Miami Page 3 of 4 File ID: 16952 (Revision: A) Printed on: 8/21/2025
File ID: 16952 Enactment Number: R-25-0160
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.
17. The Applicant shall provide a minimum of 18" from back-to-back for each chair to
other chairs or structure(s).
18. Pursuant to Article 6, Section 6.3.2.2 of the Miami 21 Code, Outdoor Dining is
permitted by process of Warrant.
19. 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 ten (10) days after its adoption by the
City Commission.'
APPROVED AS TO FORM AND CORRECTNESS:
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1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within (10) days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission or upon the effective date stated herein,
whichever is later.
City of Miami Page 4 of 4 File ID: 16952 (Revision: A) Printed on: 8/21/2025