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HomeMy WebLinkAboutR-21-0182City of Miami f Legislation Resolution: R-21-0182 File Number: 8779 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING AN EXCEPTION, WITH CONDITIONS, 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, AND SECTION 4-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT OVER 5,000 SQUARE FEET IN AN INDIVIDUALLY DESIGNATED HISTORIC STRUCTURE COMMONLY KNOWN AS THE WALGREEN DRUG STORE, APPROXIMATELY 46,912 SQUARE FEET IN SIZE, FOR A PROPERTY IN A "76-80-0", URBAN CORE TRANSECT ZONE - OPEN, LOCATED AT APPROXIMATELY 200 EAST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Historic and Environmental Preservation Board ("HEPB"), at its meeting on April 6, 2021, following an advertised public hearing, adopted Resolution No. HEPB-R-21- 013 by a vote of seven to zero (7-0), approving, with conditions, the Special Certificate of Appropriateness providing for a waiver to allow an Alcohol Service Establishment over 5,000 square feet at 200 East Flagler Street, Miami, Florida ("Property"); and WHEREAS, 200 E. Flagler Development LLC ("Applicant") owns the Property, as more particularly described in Exhibit "A," attached and incorporated, which has an individually designated structure commonly known as the Walgreen Drug Store ("Property"); and WHEREAS, the Property is located in a 76-80-0", Urban Core Transect Zone -Open; and WHEREAS, the Property is an existing historic structure with approximately forty-six thousand nine hundred twelve (46,912) square feet; and WHEREAS, the Applicant submitted a request for an Exception to establish Alcohol Service Establishments within the Property 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 Section 4-7 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Property is located in the Flagler Specialty District allowing Alcohol Service Establishments by right pursuant to Section 4-5 of the City Code; and WHEREAS, Article 6, Table 13 of the Miami 21 Code provides that Alcohol Service Establishments "occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City of Miami Commission"; and City of Miami Page 1 of 5 File ID: 8779 (Revision: A) Printed On: 512012021 File ID: 8779 Enactment Number: R-21-0182 WHEREAS, pursuant to Section 23-6.1of the City Code, the Historic and Environmental Preservation Board ("HEPB") may grant certain waivers to the Miami 21 Code if they will result in the preservation of a locally designated property; and WHEREAS, an application for an Exception is ordinarily heard by the Planning, Zoning and Appeals Board (TZAB"); however, HEPB reviewed the application for this Property as the structure is an individually designated historic structure and HEPB and PZAB have the same quasi-judicial authority; and WHEREAS, the requested Exception will allow the adaptive reuse of the Property; and WHEREAS, Miami Comprehensive Neighborhood Plan ("MCNP") Objective LU-1.4 states that an objective of the City of Miami ("City") is to "continue the growth of Downtown Miami, expand its role as a center of domestic and international commerce, further its development as a regional center for the performing arts and other cultural and entertainment activities and develop an urban residential base"; and WHEREAS, the proposed Alcohol Service Establishment is consistent with the above MCNP objective of encouraging entertainment activities; and WHEREAS, the proposed Alcohol Service Establishment is consistent with the high - intensity and high -density entertainment facility outlined in the MCNP; and WHEREAS, the Applicant proposes to reconfigure the interior of the building to provide tenant space/venues for a Food Hall and rooftop restaurant; and WHEREAS, the owner of the building, J & H Hospitality, LLC ("Operator'), will keep ownership of the liquor license and all liquor sales and bar venues within the Food Hall; and WHEREAS, the Applicant submitted information demonstrating compliance with the guidelines and criteria required for the requested Exception established in Section 4-7(c) of the City Code and Article 7, Section 7.1.2.6 of the Miami 21 Code, which focus on, but are not limited to, parking, security, traffic, sanitation, noise attenuation, proximity to residential uses, etc. and is considered an official part of this file on record with the City's Planning Department; and WHEREAS, based on the above findings and analysis pursuant to the Miami 21 Code and the City Code, the City's Planning Department recommends approval, with conditions, of the Applicant's requests for an Exception; and WHEREAS, the City's Planning Department finds the requested Exception is consistent with the goals of the Miami 21 Code as the requested uses are compatible with the surrounding neighborhood; and WHEREAS, HEPB, pursuant to Resolution No. HEPB-R-21-008, also approved, with conditions, a Special Certificate of Appropriateness to allow exterior alterations to the individually designated structure on the Property; 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, the City Commission finds that the application complies with all applicable regulations and there is City of Miami Page 2 of 5 File ID: 8779 (Revision: A) Printed on: 512012021 File ID: 8779 Enactment Number: R-21-0182 substantial evidence in the record to grant the Exception, with conditions, to establish an Alcohol Service Establishment approximately 22,604 square feet in size within the historic structure on the Property as described herein; NOW, THEREFORE, BE IT RESOLVED BY THE 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 Exception is granted with the following conditions: 1. The development shall be substantially developed in accordance with the plans titled "Julia and Henry, 200 East Flagler Street HEPB" as prepared by Jeremiah S. Johnson consisting of 102 sheets submitted electronically (PZ-19-5012). 2. The Alcohol Service Establishment shall not add outdoor patios, smoking areas, or other congregating areas outside of the structure without the approval of a Warrant. 3. Building signage is not considered nor approved under this Exception. 4. 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 10:00 p.m. and 8:00 a.m. the following day, unless said music devices are played or operated within an enclosed building and the sound is not audible from the outside of the building so as to not disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence. 5. Any noise generated on site shall conform to Chapter 36 of the City Code. 6. Any concerns or complaints related to noise nuisance shall be addressed and resolved immediately. 7. The Applicant shall comply with the recommendations as stated in the Noise and Emission and Noise Pollution Study as prepared by Stage Digital Advisors titled "JULIA AND HENRYS EATERY AND DRINKS," attached and incorporated as Exhibit D. 8. No loitering or drinking of alcoholic beverages outside of the Alcohol Service Establishment shall be permitted at any time. 9. The Alcohol Service Establishment shall be limited to the following hours of operation: 11:00 a.m. to 10:00 p.m. Sunday through Wednesday and 11:00 a.m. to 12:00 a.m. Thursday through Saturday. An extension of hours beyond these hours of operation shall require an additional Exception with approval by the City Commission. 10. Any changes to the current owner, 200 East Flagler Development, LLC, or operator, J & H Hospitality, LLC, shall require an additional Exception. 11. The Applicant shall comply with the requirements of all applicable departments and agencies as part of the City's building permit submittal process. City of Miami Page 3 of 5 File ID: 8779 (Revision: A) Printed on: 512012021 File ID: 8779 Enactment Number: R-21-0182 12. The City reserves the right to inspect the Property to ensure compliance with the conditions as listed herein. 13. The Alcohol Service Establishment shall be operated at all times with due regard for the character of the surrounding area. 14. All graffiti on the Property shall be removed or painted over to match the color of the surface to which it is applied within 24-hours of its occurrence. 15. Free water shall be provided to patrons upon a customer's request. 16. A copy of this Exception, including all conditions, and any letters of clarification issued by the City shall be printed on the building plans submitted to the Planning Department and the Building Department for purposes of having a permit issued at any time during the term of this Exception. In addition, a copy of this Exception including all conditions shall be posted on the Property and visible and accessible to all employees. 17. The Applicant shall install and maintain security cameras that cover all common areas of the Property, high -risk areas, entrances, and exits. Proof of security camera installation shall be provided to the Planning Director. The video records shall be made available to law enforcement upon request. 18. The Applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under the control of the Alcohol Service Establishment to ensure behavior that does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses. 19. The Applicant shall be responsible for maintaining free of debris or litter the area adjacent to the Property over which it has control including the sidewalk in front of the Alcohol Service Establishment. 20. An electronic age verification device shall be retained at the Property available for use during operational hours. This device shall be maintained in operational condition and all employees in the bar area, lounge area, and the entrance shall utilize the device(s) for patrons of the Alcohol Service Establishment. 21. During the hours of operation, a minimum of one (1) on -duty manager with authority over the activities within the Alcohol Service Establishment must always be on the premises when the facility is open to the public. The on -duty manager's responsibilities shall include the monitoring of the Property to ensure compliance with all applicable State of Florida laws, City Code requirements, and the conditions imposed herein. Every effort shall be undertaken in managing the facility to discourage illegal and criminal activity on the Property and any exterior area over which the Applicant exercises control including, but not limited to, narcotics sales, use, or possession; gambling; prostitution; loitering; theft; vandalism; or truancy. 22. 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 10:00 p.m. and 8:00 a.m. the following day unless said music devices are played or operated within enclosed building and the sound is not audible form 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. The Alcohol Service establishment shall make all efforts to control any City of Miami Page 4 of 5 File ID: 8779 (Revision: A) Printed on: 512012021 File ID: 8779 Enactment Number: R-21-0182 unnecessary noise made by staff or any employees contracted by the Alcohol Service Establishment or any noise associated with the operation of the Alcohol Service Establishment. 23. Prior to the effective date of this Exception, a restrictive covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be recorded in the Miami -Dade County Public Records. The restrictive covenant (standard master covenant and agreement form) shall run with the land and shall be binding on any subsequent owners, heirs, or assigns. The restrictive covenant must be submitted to the Planning Department for approval before being recorded, including review and approval as to legal form and correctness by the Office of the City Attorney. After recordation, a certified copy bearing the Recorder's number and date shall be provided for inclusion in the City's case file. Fees required pursuant to the City Code for Monitoring of Exception and Inspection and Field Compliance Review of Operations shall be paid to the City prior to the final clearance of this condition. 24. Failure to comply with the conditions herein shall result in the revocation of this Alcohol Service Establishment approval by the City Commission pursuant to the process described in Section 7.1.1.4(b)(8) of the Miami 21 Code. Section 3. This Resolution shall be effective immediately upon its adoption and signature by the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: l 1 i ria i "ndez, City Attor iey 4/1312021 i 4riaindez, City Attor ey 5/1112021 ' This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (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 5 of 5 File ID: 8779 (Revision: A) Printed on: 512012021