The URL can be used to link to this page

Home My WebLink AboutWarrant Decision, Maps & PZAB ResoMiami Planning, Zoning and Appeals Board Resolution: PZAB-R-15-067 File ID 15-00949wt October 7, 2015 Item PZAB.6 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD APPROVING THE APPEAL, THEREBY DENYING THE WARRANT PERMIT APPLICATION NO. 2014-0018, ISSUED BY THE PLANNING DIRECTOR ON JULY 2, 2015, TO ALLOW OUTDOOR SEATING FOR A NEW RESTAURANT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5599 BISCAYNE BOULEVARD, MIAMI, FLORIDA. Upon being seconded by Mr. David H. Young, the motion passed and was adopted by a vote of 5-2: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Charles A. Gibson Ms. Maria Beatriz Gutierrez Dr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pina Ms. Melody L. Torrens Mr. Manuel J. Vadillo Mr. David H. Young Fran Isco Garcia, Director Plannl nd Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Absent No Absent Yes Absent Yes Yes Absent Absent Yes No Yes Execution bate Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 7_ DAY OF OC -(V6_ 2015. VGret)'_�; T(t, ` I 1I&J& Print Notary Name Notary Public tate of Florida Personally know�' ' _ or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath My Commission Expires: ti ' "'''• VANESSA TRWILLO MY COMMISSION M FF 229944 EXPIRES: July 11, 2019 '� 4; Bonded Thru Notary Pubec Underwdtere INE 58TH ST NE 57TH ST T5 -L NE 56TH ST NE 55TH TER T6 -8=0J NE54THST T5 -O T5 -R 0 150 300 MIAMI 21 ZONING MAP T5 -R T3 j 4— ---L T5-0 T5 -O NE 58TH ST rT40-000 M�:i LU a x Lo LU Z NE 56TH ST LU Q Lo x L" NE 55TH TER NE 55TH TER LU 'a x H LU z NE 55TH ST NE 55TH ST T41L a H LL'y W z 600 Feet NE -53RD -ST. NE 53RD ST F1a]a]V*WW*Ilil,YH_\7011:@:]IRA a] 150 300 600 Feet ADDRESS: 5599 BISCAYNE BLVD DECISION rtment File No. 14-0018 ION HAS BEEN REACHED ON THE FOLLOWING MATTER: ),of Seating (Casa E Abbottega) Biscayne Blvd., Upper Eastside ❑ Approval Q Approval with condition ❑ Denial PROPERTY INFORMATION The subject property is located within the Upper Eastside NET in a T4-0 General Urban Transect Zone. The subject property currently has a proposal for an outdoor dining area for a new restaurant allowed by Warrant pursuant to Article 6, Section 6.3.2. The proposed establishment will occupy approximately 1,990 sq. ft. of floor area dedicated to the proposed business. The subject property is a corner lot fronting Biscayne Boulevard on its primary frontage and a dead- end cul-de-sac on its secondary frontage. On September 13, 2002 the Planning & Zoning Department issued a Class II (2002-0191) Special Permit for exterior remodeling to an existing Office Building providing a total of six (6) parking spaces on site. MIAMI 21 The subject proposal has been reviewed for a Warrant pursuant to Article 6, Section 6.3.2, of the Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida. This Section states explicitly that a Warrant shall be required for outdoor dining area and the display and sale of items from vending carts. This Warrants permit also encompasses the following Waiver: Article 7 Section 7.2.8 to allow an adaptive reuse of an existing office building in to a restaurant use providing a total of six (6) parking spaces on site. Pursuant to Article 7, Section 7.1.3.4 of the above-cited Zoning Ordinance, the Planning & Zoning Department has made referrals to the following Departments and Boards: • Office of Zoning, Planning & Zoning Department • Upper Eastside NET Office, Neighborhood Enhancement Team Their comments and recommendations have been duly considered and are reflected in this final decision. In reviewing this application, pursuant to Article 7, Section 7.1.2.4 (d) of the Zoning Ordinance, the following findings have been made: File No. 14-0018 FINDINGS • Applicant is proposing an outdoor dining area for a new restaurant "Casa Abbottega" located within a T4-0 General Urban Transect Zone. • The proposed outdoor dining area consists of six (6) tables with twelve (12) seats adjacent to the building on the north side of the property. • The proposed location for the outdoor dining area will be within private property and has been designed effectively not to disrupt the safe flow of pedestrians on the pedestrian walkway. • Pursuant to Article 7, Section 7.2.8(b) where existing off-street parking facilities are nonconforming to the requirements of this Code or any other city standards, the restoration or rehabilitation of an existing Building or adaptive Use to any permitted Use in the Transect Zone shall not require the provision of additional parking. The applicant has provided plans depicting six (6) parking spaces on site maintaining the same amount of parking previously approved under Class II 2002-0191. However, the applicant has provided a letter of intent dated April 8, 2015 in regards to a parking agreement for valet services. The applicant will utilize the property to the north for valet services while exploring alternative nearby site in order to further accommodate the need for parking as a result of the new restaurant establishment. • It is found that given the geographical existence of the subject property, the valet services shall be designed in a manner which will prevent any stacking or queuing of vehicles to back up onto Biscayne Blvd. • 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. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Article 7, Section 7.1.1.2 of the Zoning Ordinance, the subject proposal is hereby approved with conditions subject to the plans submitted by the applicant and on file with the Planning Department as well as the following limitations: CONDITIONS: 1. Parking shall be heavily monitored and conducted in a fashion where the neighboring residences shall experience no adverse effect. 2. The restaurant establishment shall maintain an active valet parking service agreement within 1000' ft. from subject property at all time. 3. Given the geographical existence of the subject property, the valet services shall be designed in a manner which will prevent any stacking or queuing of vehicles to back up onto Biscayne Blvd. 4. Any proposed signage shall be reviewed under a separate permit application. 5. Due to the close proximity and the concerns expressed by the abutting neighborhood, the use of the outdoor dining area shall cease and become internalized within the building after 11:00 pm. 6. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation. 7. 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. File No. 14-0018 8. Any concerns or complaints related to noise nuisance will be addressed and resolved immediately. 9. Subject property shall comply with all Building Code regulations and shall not have any open Code Violations. 10. Failure to comply with the conditions herein shall result in the revocation of this Warrant. NOTICE The final decision of the Director may be appealed to the Planning, Zoning, and Appeals Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2"d Ave., 3rd Floor, Miami, FL 33130. Telephone number (305) 416-2030 Signature Date Z it Francisco J. Garcia, -Director Planning & Zoning Department I1 3 I 4 CODE REFERENCES: M 3.6.1 OFF-STREETPARKING STANDARDS: A.O—TREEF PARKING REQUIREMENTS FOR THE INDIVIDUALTRANSECTZONES SHALL BE AS SET FORTH IN ARTICLE 0. TABLE, WHERE REQUIRED OFF-STREET PARKING IS BASED ON SQUARE FOOTAGE OF USE, THE CALCULATION SHAH ONLY INCLUDEHASITABLE ROOMS AND HABITABLE SPACE OCCUPIED BY SUCH USE. HABITABLE ROOMS: ROOMS DESIGNED AND USED FOR UVING. SLEEPING, EATING, COOKING, OR WORKING OR COMBINATIONS THEREOF.BATHROOMS, TOILETCOMPARTMENTS, CLOSETS,HALLS, STORAGE ROOMS, LAUNDRYAND UTILITY SPACES, BASEMENTRECREAM NROOMS, AND SIMILAR AREASARE NOTCONSIDERED HABITABLE ROOMS OUTDOOR SEATINGAREA MIAMI 21 DOES NOT REQUIRE ADDITIONAL PARKING FOR OUTDOOR SEATING AREAS WHICH ARE OPEN TO THE SKY. NEVERTHELESS, THIS PROJECT WILL ACCOUNT FOR THIS ADDITIONAL AREA AND WILL USE THE SAME INTERIOR PARKING RATIO REQUIREMENTS IN ITS PARKING CALCULATIONS. K J I H F E \ rk 7 I 9 9 10 I 1t 13 i 13 I 14 I 15 16 I 17 GROUND LEVEL - HABITABLE ROOMS PIAN 1 SUIS: 1/1• -TR 2 3 I 4 I �' I 6 / I R I 9 OUTDOOR SEATING (238SF) MAIN DINING (776SF) RESTROOMS TRASH KITCHEN (361SF) RETAIL (157SF) HABITABLE ROOMS /PARKING TABLE AREA UNDER A/C GROUND LEYEL I.. SF LEVEL — SF TOTAL: 1,991 SF HABITABLE ROOM MAIN DINING 779 SF KITCHEN 3B1 SF RETAIL 1ST SF OUTDOOR SEATING 2W SF TOTAL: — SF PARKINGpBSTNGd..PACE.1 REQUIREO PROPosm REQUIRED: 3.BR2 SPACES eSPACES3.892 BSPACES (3 PER 10DDSFOF HABITABLE ROOMS) (3REGULAR, f ADA AT TANDEA9 'CODE REQUIRED PARKING: 3 PER iOMF OF HASRABLE ROOMS APPROV�E Dx City of Miami Punning Department Date mco By P r�� r Z O ;� EXIST. a] ::) 0 ¢Lu gym N Qw V) U CAGE U01 m 0. W) 95FSIYi' 2 LEVEL 2 - HABITABLE ROOMS PIAN �A101B sCME ra -' 10 I 1'1 12 I 13 I 14 I 15 I 16 I 17 1 I 2 3 I 4 I 5 I I 7 I 8 9 I 10 ( 11 I 12 13 I 14 I 15 I' 16 I 17 �9w S��9Ei M :. k,1 ► K � � ,,.r�� 3 11po, 4; 5 /2i H H .• -Y Q ch M �z9y6y 1i Lu @ Q e LOT 3 ® O 00 Q r — BLOCK 24 , u. LU Z F Qll:� U gg N \ ms R Lo rorurvirzu �;- D ,�•• 8 ReWalme z orz WS C _ I PROP05ED SITE PIAN- TANDEM PARKINGtl APPROVED aly 0f Miami e R t9 Manning Depu$ ..b P191129 W 7 +� 'Q a,5yyy3 Dato A A102 1 I 2 I 1 I 4 I 5 6 I 7 I 8 I 1 I 10 I 11 I 12 I 13 I 14 I 15 I 16 I 17