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HomeMy WebLinkAbout2021-146-3700_-_Studio_183_Special_Exception_ApprovalRESOLUTION NO. 2021-146-3700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE SPECIAL EXCEPTION APPLICATION FOR THAT CERTAIN PROPERTY LOCATED AT 230 NW 183RD STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO, PERMITTING A NIGHTCLUB AND WAIVING THE MINIMUM DISTANCE REQUIREMENTS FOR THE SALE OF LIQUOR AS SET FORTH IN SECTION 34-147 OF THE CITY OF MIAMI GARDENS CODE OF ORDINANCES SUBJECT TO CERTAIN CONDITIONS; ACCEPTS AND APPROVES THE DECLARATION OF RESTRICTIONS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “C”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 230 NW 183rd Street (“subject property”) is currently zoned for Planned Corridor Development (“PCD”), and WHEREAS, Studio 183, located at the subject property, was originally issued a Certificate of Use to operate a restaurant with an accessory bar by the City of Miami Gardens in 2016, and WHEREAS, the business license required the restaurant to derive at least 51% percent of its gross revenue from the sale of food and non-alcoholic beverages and such percentage must be maintained daily, and WHEREAS, in 2021, the State of Florida revoked the alcoholic beverage license for this location and further review by staff showed that the location functioned as a nightclub rather than a restaurant by providing a dance floor and generating revenue from sources other than food, and WHEREAS, to come into compliance with the City Code of Ordinances and legalize the use, the applicant must obtain Special Exception approval for a Nightclub pursuant to Sec. 34-48(g) of the City Code of Ordinances, and WHEREAS, in addition to seeking a Special Exception approval, the applicant wishes to reapply for a liquor license as part of the nightclub use, and WHEREAS, a waiver of the distance requirements for the sale of alcoholic beverages must also be approved as the location, pursuant to Sec. 34-147 of the City of Miami Gardens Code of Ordinances, does not meet the necessary distance between residential uses, churches, schools, or other similar uses, and a nightclub serving alcoholic beverages, and DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 2 of 3 Resolution No. 2021-146-3700 WHEREAS, the Applicant has proffered a Declaration of Restrictions, a copy of which is attached hereto as Exhibit “C”, and WHEREAS, the City Council considered the testimony of the Applicant, if any, and the Staff Report attached hereto as Exhibit “B” and incorporated by reference, and WHEREAS, City Staff recommends the City Council deny the Special Exception application for a Nightclub selling liquor at the subject property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby approves the Special Exception application for that certain property located at 230 NW 183rd street, more particularly described in Exhibit “A” attached hereto, permitting a Nightclub. The City Council also hereby waives the minimum distance requirements for the sale of liquor as set forth in Section 34-147 of the City of Miami Gardens Code of Ordinances. This approval is subject to the Declaration of Restrictive Covenant attached hereto as Exhibit “C”. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 27, 2021. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 3 of 3 Resolution No. 2021-146-3700 Moved by: Vice Mayor Leon Seconded by: Councilman Stephens VOTE: 5-1 Mayor Harris Yes Vice Mayor Leon Yes Councilwoman Campbell No Councilwoman Ighodaro Absent Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson Yes DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B PZ-2021-004187 Studio 183 Special Exception Exhibit “A” LOCATION MAP SUBJECT PROPERTY 230 NW 183RD STREET MIAMI GARDENS, FL 33169 Studio 183 Special Exception PZ-2021-004187 EXHIBIT B STAFF RECOMMENDATION Studio 183 Special Exception PZ-2021-004187 STAFF RECOMMENDATION PZ-2021-004187 APPLICATION INFORMATION Applicant: Reginald Mathis on behalf of Duce or Less, LLC Property Location: Studio 183 230 NW 183rd Street Folio Number: 34-2112-002-0016 Property Size: 7,159 sq. ft. Unit Size: 2,727 sq. ft. Future Land Use: Commerce Existing Zoning: PCD, Planned Corridor Development Requested Action(s): Special Exception Approval to permit a Nightclub in addition to a Waiver of the Distance Requirements for the Sale of Liquor RECOMMENDATION: It is recommended the City Council deny the Special Exception application for a Nightclub selling liquor at 230 NW 183rd Street, due to the inability to meet the minimum distance requirement from residential uses, churches, schools, or other similar uses serving alcohol as outlined in Attachment C; in addition to adverse events on-site affecting safety, security and general welfare which may unduly burden Police and Code Enforcement resources to include homicide, revocation of alcoholic beverage license by the State of Florida, continuing to serve alcoholic beverages after revocation by utilizing a catering license without the appropriate Special Exception approval, misrepresentation of intended use as a restaurant under the Certificate of Use, and work without an approved building permit. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Commerce PCD, Planned Corridor Development Studio 183 North Commerce PCD, Planned Corridor Development Bank of America Building South Commerce PCD, Planned Corridor Development Shopping Center East Commerce I-1, Light Industrial Tootsies Cabaret West Neighborhood PCD, Planned Corridor Development Commercial/Office Project Summary/Background The subject property more commonly known as Studio 183 is located at 230 NW 183rd Street and is zoned PCD, Planned Corridor Development. The site is designated as “Commerce” in the City of Miami Gardens Comprehensive Development Master Plan. The property is an outparcel lot within the Cloverleaf Shopping Plaza generally located at the intersection of NW 183rd Street and State Road 7/US-441/NW 2nd Avenue. Studio 183 Special Exception PZ-2021-004187 Studio 183 was originally issued a Certificate of Use to operate a restaurant with an accessory bar by the City of Miami Gardens in 2016. The business license required that the establishments’ sale of alcoholic beverages be incidental to the sale and consumption of food. More specifically, per Section 34-144(k)(1) of the City Code of Ordinances and per the Florida Department of Business and Professional Regulation, the restaurant must derive at least 51% percent of its gross revenue from the sale of food and non- alcoholic beverages and such percentage must be maintained on a daily basis. In 2021, the State of Florida revoked the alcoholic beverage license for this location as shown in Attachment D as Studio 183 was unable to meet the minimum 51% food sales required for restaurant use. Further review by staff showed that the location functioned as a nightclub rather than a restaurant by providing a dance floor and generating revenue from sources other than food such as bottle service, hookah, cover charges and entertainment typically associated with a nightclub as defined in Section 34- 732 of the City Code of Ordinances and outlined below. At the time of the revocation of the liquor license by the State, the business derived only 30% of its revenues from the sale of food. Furthermore, despite being licensed as a restaurant requiring a full service kitchen to serve food, Studio 183 employed catering services as part of the operations including utilization of a catering license to serve alcohol after revocation of the State liquor license. This is a misrepresentation of the restaurant use as the business is not licensed as a caterer, banquet hall or nightclub. In order to come into compliance with the City Code of Ordinances and legalize the use, the applicant must obtain Special Exception approval for a Nightclub pursuant to Sec. 34-48(g) of the City Code of Ordinances. Special Exception uses are deemed to be generally unsuitable for location in such district, but may be permitted on a case-by-case basis if, after review and possible attachment of conditions pursuant to the procedures and criteria of Section 34-48(g). Studio 183 Special Exception PZ-2021-004187 In addition to seeking a Special Exception Approval, the applicant wishes to reapply for a liquor license as part of the nightclub use. A waiver of the distance requirements for the sale of alcoholic beverages must also be approved as the location does not meet the necessary distance between residential uses, churches, schools, or other similar uses, and the nightclub use serving alcoholic beverages. As per the table below and the detailed Distance Verification Map shown in Attachment C, the variation between the required distance and the provided distance exceeds the 25% threshold for staff approval; the variance requires approval by the City Council since it is beyond the threshold. Distance Requirements for Sale of Alcoholic Beverages (Nightclub) Section 34-147 Type of Establishment Distance From Other Uses Serving Liquor Distance From Churches Distance From Schools Distance From Residential Nightclub, Discotheque, Club (Required) 1,500 ft. 2,500 ft. 2,500 ft. 500 ft. Studio 183 (Provided) 780 ft. (Tootsies Cabaret) 1,200 ft. (Trinity Church) 1,500 ft. (Hibiscus Elementary) 150 ft. (18211 NW 2nd Court) Consistency with City of Miami Gardens Comprehensive Development Master Plan The subject property is zoned PCD, Planned Corridor Development district. The purpose and intent of this district is to implement the Comprehensive Development Master Plan (CDMP) “Commerce” land use category. It allows multiple-family residential dwellings, a wide range of commercial uses, select recreation and entertainment uses, mixed residential and commercial uses, select public and institutional uses, and places of assembly in an urban context. The subject property is consistent with the following CDMP Goals, Objectives and Policies: Studio 183 Special Exception PZ-2021-004187 OBJECTIVE 1.1 The Commerce designation is intended for planned urban commercial, urban industrial, urban cultural and economic hubs. Commerce areas shall include existing and planned activity centers that are primarily located along the City’s three major arterial roadway corridors. Policy 1.3.1 Commerce areas shall provide for a wide variety of uses that range from major educational institutions, civic and governmental centers to major retail services as well as single purpose industrial areas. Policy 1.3.2 Within the context of this plan element, Commercial and Office generally means retail sales and services whereby goods and services are provided. Offices and other activities including but not limited to restaurants and as well as automobile- oriented activities are also included. Policy 1.3.4 The location of Commerce areas shall emphasize access to public transportation. Policy 1.3.6 Uses that are consistent with the Commerce land use category include mixed use developments such as Urban Center, Urban Core and Golden Glades-Palmetto Area, single use developments including Urban Commercial and Office, Urban Industrial, residential development including Medium Density Residential, Medium-High Density Residential, High Density Residential, and Very High Density Residential plus Public and Semi-Public uses. OBJECTIVE 2.1 Performance Criteria for Land Uses. All land uses shall conform to locational standards, design criteria and other performance standards to insure that development occurs in a manner that minimizes impacts on adjacent properties and results in quality development that furthers the vision of the community. Such requirements embodied in the following policies shall provide the basis for land development regulations and zoning requirements. Policy 2.1.1 Public hearing requirements to ensure neighborhood participation in decision-making; Access requirements expressed as requirements for frontage on major roadways, by functional classification of roadways; Access requirements expressed as proximity to major roadway intersections. Policy 2.1.3: Nonresidential Single Use. Performance criteria for non-residential single use development districts shall be set forth in the City’s land development regulations as follows: b. Urban Commercial and Office • Purpose. Urban Commercial and Office is designed to accommodate development primarily in areas designated as Commerce. • Uses. Typical uses include retail sales and services, automotive uses, offices, lodging, entertainment, certain storage activities and similar non- residential activities subject to land development regulations. Studio 183 Special Exception PZ-2021-004187 Conclusion: The proposed Special Exception use is generally consistent with Goals, Objectives and Policies of the Comprehensive Development Master Plan. Zoning Review and Analysis The City Council may grant or deny approval of a Special Exception use request as set forth in Section 34-48(g) of the City’s Zoning and Land Development Code: (g) Criteria for granting of special exception use approval. To authorize any special exception use, the zoning appeals board shall find all of the following: (1) The special exception use will be consistent with the city’s comprehensive development master plan; (2) The special exception use will be in harmony with the general character of the neighborhood considering population density, design, scale and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions, and number of similar uses; (3) The special exception use will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and will cause no objectionable noise, vibrations, fumes, odors, dust, glare, electrical interference, or physical activity; (4) The special exception use will have no detrimental effect on vehicular or pedestrian circulation and flow within the vicinity of the use. The special exception will not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the area; (5) The special exception will not, in conjunction with existing and proposed development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, parks, police and fire protection, water, sanitary sewer, public roads, storm water drainage, and other public improvements and services; (6) That the special exception use otherwise meets the definition standards set forth elsewhere in this chapter for such particular use; and (7) That development, use and operation of the site will be in compliance with all applicable code regulations, development standards and any additional standards imposed by the city council or zoning appeals board with the intent of protecting adjacent properties and preserving neighborhood character. The proposed special exception request for a Nightclub selling liquor was analyzed for the criteria set forth above: 1. The proposed Nightclub is consistent with the Goals, Objectives and Policies of the Commerce designation as outlined in the City’s Comprehensive Development Master Plan; 2. The proposed Nightclub will be contained within the existing outparcel and there are no new structures proposed. There is already an entertainment use serving alcohol within 780 feet of Studio 183. As such, the business does not meet the minimum 1,500 feet for distance from other similar use. Studio 183 Special Exception PZ-2021-004187 3. Studio 183 is less than 200 feet from residential homes surrounding the property and does not meet the minimum 500 feet distance requirement from residential uses. This may impact the peaceful enjoyment of residents in the area. 4. Adverse events have occurred on-site affecting safety, security and general welfare to include homicide, revocation of alcoholic beverage license by the State of Florida, continuing to serve alcoholic beverages after revocation by utilizing a catering license without the appropriate Special Exception approval, and misrepresentation of intended use as a restaurant under the Certificate of Use. 5. As an outparcel of the Cloverleaf Shopping Plaza the business is located within easy vehicular and pedestrian access from NW 183rd Street or State Road 7/US-441/NW 2nd Avenue. There are no foreseeable impacts to public infrastructure, however Miami Gardens Police Department have responded to Calls for Service at the location including a homicide investigation. It is anticipated the use will continue to require monitoring by the Police Department and the use of Police resources. 6. As per Attachment C the location does not meet the criteria set forth for distance requirements between a nightclub serving liquor and other similar uses, churches, schools, or residential lots. Type of Establishment Distance From Other Uses Serving Liquor Distance From Churches Distance From Schools Distance From Residential Nightclub, Discotheque, Club (Required) 1,500 ft. 2,500 ft. 2,500 ft. 500 ft. Studio 183 (Provided) 780 ft. (Tootsies Cabaret) 1,200 ft. (Trinity Church) 1,500 ft. (Hibiscus Elementary) 150 ft. (18211 NW 2nd Court) 7. The development is not currently in compliance with code regulations and development standards. There is currently an open building permit (BB-2019-022802) for site work such as paving, drainage and restriping done without permit approval. Conclusion The City’s LDRs allows the review of a Special Exception use on a case-by-case basis. The application does not satisfy the criteria for granting the Special Exception use as outlined in Chapter 34, Special Exception Uses, Section 34-48(g). The proposed use does not meet the minimum distance requirement from other establishments selling liquor, nor from schools, religious facilities, or residential properties as shown in Attachment C below. This is in addition to adverse events that have occurred on-site to include homicide, revocation of alcoholic beverage license by the State of Florida, continuing to serve alcoholic beverages after revocation by utilizing a catering license without the appropriate Special Exception approval, and misrepresentation of intended use as a restaurant under the Certificate of Use. The use if permitted will likely require continued monitoring by Police and Code Enforcement. There remains outstanding permits for development standards pertaining to paving, drainage and restriping that have not been met. Studio 183 Special Exception PZ-2021-004187 Anticipated Facilities Impact General: There are no anticipated additional impacts on infrastructure as the site is an existing building with access to utilities located along existing public right of way. Public Notification/Comments Public notification of the application is in accordance with Sec. 34-46. - Applications to the Zoning Appeals Board of the City’s Land Development Regulations. Attachments Attachment A - Zoning Map Attachment B - Aerial Map Attachment C - Distance Verification Map Return to: (enclose self-addressed stamped envelope) Name: Mario Bataille, City Clerk 18605 NW 27th Avenue Miami Gardens, Florida 33056 This Instrument Prepared by: Sonja K. Dickens, Esquire 18605 NW 27th Avenue Miami Gardens, Florida 33056 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIONS WHEREAS, DUCE OR LESS, LLC ("Applicant"), operates a business known as Studio 183 at the property located at 230 NW 183rd Street, as shown on Exhibit “A” attached hereto ("Property"), and WHEREAS, the Applicant filed an Application with the City of Miami Gardens for: a)to allow a Special Exception Use permitting a Nightclub; b)to allow a waiver of the minimum distance requirements for the sale of liquor; IN ORDER TO ASSURE the City of Miami Gardens that the representations made by the Applicant will be abided by, the Applicant, subject only to conditions contained herein, freely, voluntarily and without duress, makes the following Declaration of Restrictions covering and running with the Property: 1.Restriction of Hours. The Special Exception use for nightclub and the sale of alcoholic beverages shall only be permitted during the hours of 11:00 a.m. to 2:00 a.m. 2.Security/Off-Duty Police. The applicant shall provide on-site and parking lot security Thursday thru Sunday from 7:00pm – 2:00am, with a minimum of one (1) off-duty police officer, to monitor activities. 2 3.Real-Time Crime Center. The applicant is required to connect to the City of Miami Gardens’ Real Time Crime Center prior to the issuance of a Certificate of Use. 4.Limitation of Use. The maximum occupancy of the premises shall not be exceeded at any time. 5.Noise and Nuisance Abatement. The Applicant shall take all reasonable measures to sound proof the premises and to avoid any detrimental noise and other disturbances to the surrounding businesses and properties owners, which shall include, but not be limited to, loitering of patrons outside the premises, littering of the parking areas, parking in swale areas or residential streets, or any other activities that in the sole opinion of the Administrative Official are detrimental to the surrounding properties and businesses. Failure or continued violation of this provision or if when, in the opinion of the Administrative Official, the Special Exception use becomes a nuisance, the City may revoke the Special Exception use and Certificate of Use accordingly. 6.City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 7.Covenant Running With The Land. This Declaration on the part of the Applicant shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Applicant, and his heirs, successors and assigns until such time as the same is modified or released by the City Council after a public hearing. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. 8.Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the date this Declaration is recorded. This Declaration shall be in effect for a period of thirty (30) years from the date of recordation in the public records of Miami-Dade County, Florida, after which time it shall be automatically extended for periods of ten (10) years. 9.Modification, Amendment, Release. This Declaration may be modified, amended or released by the City Council after public hearing. 10.Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to 3 recover, in addition to costs and disbursements allowed by law, such sum as the Court may judge to be reasonable for attorney fees. This enforcement provision shall be in addition to any other remedies available at law or in equity. Jurisdiction shall be proper in Miami-Dade County. 11.Authorization for Miami Gardens to Withhold Permits and Inspections. In the event the terms of this Declaration are not complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. 12.Executed Copy to be provided to the City. Executed Copy to be provided to the City Clerk. The Applicant shall be fully responsible for providing to the City Clerk an original and fully executed copy of the Declaration of Restrictions within thirty (30) days of the approval of this request by the City Council, unless an appeal is filed or otherwise the Director, for good cause shown, grants a time extension. If this is not accomplished, the approval shall become null and void. If circumstances prevent the Applicant from complying with this timeframe condition, the Applicant may request, in writing, an extension of said thirty-day timeframe in writing to the Development Services Director, who is authorized to take such action upon the request to approve, disapprove or approve with conditions such request. 13.Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 14.Recording. The City, at Applicant's expense following the approval of the same by the City of Miami Gardens, shall file this Declaration of record in the Public Records of Miami-Dade County, Florida. 15.Acceptance of Declaration. Applicant acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle Applicant to a favorable recommendation or approval of any application, zoning or otherwise, and the City Council retains its full power and authority to deny each such application in whole or in part, and to decline to accept any conveyance. 16.Applicant. The term Applicant shall include the Applicant, and its heirs, successors and assigns. 17.Waiver. Each and every covenant and agreement contained herein shall be for any and all purposes hereof construed as separate and independent and the breach of any covenant by any party shall not release or discharge such party 4 from its obligations hereunder. No delay or omission by any party to exercise its rights accruing upon any noncompliance or failure of performance by any party shall impair any such right or be construed to be a waiver thereof. A waiver by any party hereto of any of the covenants, conditions or agreements to be performed by any other party shall not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or agreements contained herein. 18.Severability. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any then applicable law and shall be limited to the extent necessary to render the real covenants herein valid and enforceable. If any term, provision, covenant or agreement contained herein or the application thereof to any person, entity or circumstance shall be held to be invalid, illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application of such term, provision, covenant or agreement to persons, entities or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 19.Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement and exhibits supersede any prior correspondence, memoranda or agreements in total hereto. 20.Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document. (SIGNATURE PAGE TO FOLLOW) 5 IN WITNESS WHEREOF, Applicant has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: Duce or Less, LLC d.b.a. Studio 183 ________________________ Signature ________________________ Print Name _________________________ Date ACCEPTANCE The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by ____________________. CITY OF MIAMI GARDENS, FLORIDA Attest: _________________________________ By:_____________________________ City Clerk Mayor Rodney Harris Date:___________________________