HomeMy WebLinkAboutExhibit A AnalysisCity of Miami
Planning Department
Preservation Office
ANALYSIS FOR
EXCEPTION
APPLICANT: 200 E Flagler Development, LLC
REPRESENTATIVE: Javier F Avino
PROJECT ADDRESS: 200 East Flagler Street
FOLIO NUMBER: 01-0112-0001-030
COMMISSION DISTRICT: District
NET OFFICE: Downtown- Brickell Neighborhood Enhancement Team (NET)
PLANNER: Wendy Sczechowicz, Historic Preservation Planner
A. GENERAL INFORMATION:
REQUEST: Pursuant to Article 4, Table 3 of the Miami 21 Code ("Zoning Code"), Article 4,
Section 4.7(c) and Section 23-6.1 of the City Code of Ordinances ("City Code"), 200 E. Flagler
Development LLC ("Applicant") is requesting an Exception and associated Waiver to
establish an Alcohol Service Establishment over 5,000 sq. ft. within a locally designated
historic structure on a parcel zoned Urban Core (T6-80-0) Transect Zone located within the
Central Business District.
1. Waiver pursuant to Chapter 23, Section 23-6.1 titled "Historic Preservation
Exceptions" of the City Code of Ordinances to allow an Alcohol Service Establishment
over 5,000 sq. ft.
2. Exception pursuant to Article 4, Table 3 of the Miami 21 Code and Chapter 4, Section
4.7 to the City Code to allow an Alcohol Service Establishment over 5,000 sq. ft.
The subject property is an individually designated historic structure, located within the
Downtown National Register Historic District and is part of the Flagler Specialty District and
the Downtown/Brickell Net Area. The site is the first parcel located on the Southeast corner
of East Flagler Street and SE 2nd Avenue. (Complete legal description is on file with Hearing
Boards)
Folio: 0101120001030
B. RECOMMENDATION:
Pursuant Article 4, Table 3 of the Miami 21 Code, Article 4, Section 4.7(c) and Section 23-6.1
of the City Code the Planning Department recommends Approval with Conditions of the
Exception and associated Waiver based upon the facts and findings in this staff report.
C. BACKGROUND:
The subject site consists of an approximately 9,120 square feet parcel, with an underlying
zoning designation of Urban Core (T6-80-0) Transect Zone. The site is developed with an
existing, historically designated, art deco, five story building, constructed in 1927. The
structure is approximately 46,912 square foot. The building is divided into four floors and a
basement. The Applicant is proposing an adaptive reuse of this historically designated
building, formally known as Walgreens to a food hall with an associated Alcohol Service
Establishments and office space. Specifically, the Applicant is proposing a speakeasy bar in
the basement and banquet hall. The food hall along with three associated bars will be located
on the ground floor, mezzanine and balcony area as further depicted in the plan set. The
second and third floors will contain office spaces. The fourth floor will be used as a restaurant
with a bar and lounge.
[PEENS ---IN ml" j'
Historic Images of the Walgreens Site on East Flagler Street and SE 2nd Avenue
The Applicant will maintain ownership of the property. A management agreement will have a
master operator, who will manage all spaces and tenants within the building, the exception
being the basement bar. The master operator will lease all spaces to independent tenants,
but manage the liquor license for the three bar venues within the proposed food hall. The new
basement speakeasy bar, named "Jolene", will be operated by 200 East Flagler HIFI Room,
LLC an independent operator from the rest of the building and will obtain its own liquor license.
The Applicant is applying to operate an Alcohol Beverage Service Establishment for the three
bars within the food hall. The owner will keep ownership of the liquor license and all liquor
sales and bar venues within the food hall. The structure will have a rooftop addition, alter four
windows along the ground level to include ventanitas, and will alter the interior throughout the
building to match the proposed function.
The subject property is located within the Flagler Specialty District. Alcohol Service
Establishments are permitted by right. Pursuant to Chapter 4 Section 5, distance separation
requirements between uses does not apply. Article 6 of Miami 21 Code requires that all
Alcohol Service Establishments greater than 5,000 square feet in size be permitted by
Exception.
The proposal to operate an Alcohol Beverage Service Establishment within the existing
structure. Pursuant Article 4, Table 3, of the Miami 21 Code, an Alcohol Beverage Service
Establishment is permitted by process of Exception. Pursuant Chapter 4 Section 4-7(c) of the
City of Miami's Code of Ordinances - "all Alcohol Service Establishment that require an
Exception shall be subject to approval by the PZAB, and when required, final approval by City
Commission. Alcohol Service Establishment requesting extensions of hours of operations or
variance from distance requirements shall only be permitted by process of Exception with final
approval by the City Commission. "
This application is coming before the Historic and Environmental Preservation Board via a
Waiver for an Alcohol Service Establishment. Pursuant to Chapter 23 Section 6.1 of the City
Code of Ordinances — "the HEPB may grant a certain exception to a use permitted in specific
zoning designations, or an exclusion to allow a cultural facility as an allowable use in medium
and high density multifamily (general urban) zones, and/or may grant certain waivers to the
zoning code provided that it will result in the preservation of a locally designated property".
D. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
In the Future Land Use Map (FLUM), the subject site is designated "Central Business District"
(CBD): The area designated as CBD is intended to apply to the central commercial, financial
and office core of the metropolitan region, and allows all activities included in the "Restricted
Commercial," and "Major Institutional, Public Facilities, Transportation and Utilities"
designations. Residential facilities (except for rescue missions) alone or in combination with
other uses are allowable to a maximum density of 1,000 dwelling units per acre, and maximum
residential density may be increased by up to one hundred percent (100%), subject to the
detailed provisions of the applicable land development regulations and the maintenance of
required levels of service for facilities and services included in the City's adopted concurrency
management requirements.
Also permitted is a mix of uses ranging from high density multifamily residential to high
intensity office uses with retail uses on the lower floors of structures. Intensity of uses within
the CBD land use designation are generally higher than those allowed in other areas of the
city. Areas designated as CBD allow a maximum floor lot ratio (FLR) of 40 times the net lot
area of the subject property.
Pursuant to the Miami Comprehensive Neighborhood Plan (MCNP), CBD allows for
commercial activities that generally serve the daily retailing and service needs of the public,
such as but not limited to general retailing, personal and professional services, real estate,
banking and other financial services, restaurants, saloons and cafes, general entertainment
facilities, private clubs and recreation facilities, major sports and exhibition or entertainment
facilities and other commercial activities whose scale and land use impacts are similar in
nature.
Analysis: Staff finds the proposed food hall with associated Alcohol Service Establishments
and office space to be permitted within the CBD and finds the proposed uses to be
compatible with the mix of uses in the immediate neighborhood.
Furthermore, the Applicant is proposing an adaptive reuse of the historically
designated structure, staff finds the architectural plans as prepared by TAI
Architecture, Inc. to be in accordance with all applicable criteria pursuant to
Chapter 23 of the City Code titled Historic Preservation".
Staff finds the proposed adaptive reuse of the historically designated site to be
consistent with Goal LU-2 of the MCNP which states "Preserve and protect the
heritage of the City of Miami through the identification, evaluation, rehabilitation,
adaptive reuse, restoration and public awareness of Miami's historic, architectural
and archaeological resources.
Findings: Consistent
E. NEIGHBORHOOD CHARACTERISTICS:
ZONING
T6-80-0 Urban Core Transect Zone Open
(National Register Historic District)
Former Walgreens Historic Building, 1937
FUTURE LAND USE DESIGNATION
Central Business District
Maximum of 1000 D.U. per acre
NORTH: T6-80-0; Urban Core Transect Zone Restricted Commercial, General Commercial
(National Register Historic District) Maximum of 1000 D.U. per acre
SOUTH: T6-80-0; Urban Core Transect Zone Restricted Commercial, General Commercial
(National Register Historic District) Maximum of 1000 D.U. per acre
(abutting, Historic Ingraham Building, 1927)
EAST: T6-80-0; Urban Core Transect Zone Restricted Commercial, General Commercial
(National Register Historic District) Maximum of 1000 D.U. per acre
WEST: T6-80-0; Urban Core Transect Zone
(National Register Historic District)
(Across, Historic Olympia Theater, 1925)
F. CORRESPONDENCE
Restricted Commercial, General Commercial
Maximum of 1000 D.U. per acre
On February 10, 2021 the Planning Department received two letters in support of the
Applicants request from Flagler First Street Condominiums and from the Flagler Business
Improvement District. The letters are attached hereto as attachment E.
G. ANALYSIS
Request 1. Pursuant to Section 23-6.1(1) titled "Historic preservation waivers". The HEP
board may authorize certain waivers to the requirements of the underlying zoning
district, to the extent indicated herein.
Criteria: (1) Waivers concerning designated historic resources. a. Any building that is
individually locally designated or is classified as a contributing building within a
local historic district or is classified as a thematically -related historic resource
within a multiple property designation, as identified in the designation report, shall
be permitted to be repaired, restored, structurally altered, or reconstructed,
notwithstanding any conflicts with provisions of the underlying zoning district
requirements. However, the board shall not have the authority to grant any
waivers of density, intensity and building height requirements.
Analysis: The subject site is a locally designated historic building, located within the
Downtown Miami Historic District. Staff finds the Applicant's request for a Waiver
to allow for the repair and adaptive reuse of the structure to allow an Alcohol
Service Establishment over 5,000 sq. ft. consistent with applicable Waiver criteria.
The Applicant is not requesting any Waivers on density, intensity, or building
height.
Finding: Complies
Request 2. Exceptions per Miami 21 and City Code Chapter 4 (Alcoholic Beverages)
This request for an Exception is to establish an Alcohol Service Establishment
over 5,000 sq. ft. with a Bar use which is contingent on the HEPB approval of the
Waiver. Upon granting of the Waiver, the Applicant shall conform to the
regulations set forth in Chapter 4 (Alcoholic Beverages).
Pursuant Chapter 4 Section 4-7(c) - "all Alcohol Service Establishment that
require an Exception shall be subject to approval by the PZAB, and when
required, final approval by City Commission. Alcohol Service Establishment
requesting extensions of hours of operations or variance from distance
requirements shall only be permitted by process of Exception with final approval
by the City Commission.
In determining the appropriateness of such request, the PZAB and the City
Commission, as applicable, shall take into consideration the recommendation of
the Department of Planning based on the following materials to be submitted by
the Applicant as criteria as well as the criteria listed in the Miami 21 Code:
Criteria 1. An operational/business plan that addresses hours of operation, number of
employees, menu items, business goals, and other operational characteristics
pertinent to the application.
Analysis: Applicant provided an operational plan for the project. The operational plan for
the general operator, J&H Hospitality, LLC, contains number of employees,
business goals and other operational characteristics including menus for the
proposed restaurants attached hereto as Attachment A.
The Operational/business plan states that the food hall & office spaces on the
ground floor, mezzanine, second and third floors will be leased out to tenants
acting as independent operators. The owner of the building will keep ownership
of the liquor license and all liquor sales and bar venues within the food hall.
However, the Applicant has been informed that any breach of the conditions of
approval by any individual tenant will result in the revocation of the Exception for
the site, as it is not customary to issue a blanket approval. The approval of the
Exception as request is for the entire Project excluding the basement level
(Speakeasy Bar)
Finding: Complies
Criteria 2. A parking plan which fully describes where and how the parking is to be provided
and utilized, e.g., valet, self -park, shared parking, after -hour metered spaces, and
the manner in which the parking is to be managed. The City Commission or the
PZAB, as applicable, may grant approval for one hundred percent (100%) of the
required parking to be located offsite within a distance of six hundred feet (600)
from the subject Alcohol Service Establishment if the proposed parking is to be
"self -park" and a distance of one thousand feet (1,000) from the subject Alcohol
Service Establishment if the proposed parking is to be by "valet. "
Analysis: Built in 1937, this locally historically designated structure never had dedicated
parking. Pursuant to Section Article 7, Section 7.2.8, this is a legal nonconforming
site. However, the use from commercial retail to mixed use to include Office and
a Food Hall with associated Food Service Establishments triggered review by the
Office of Transportation. A parking plan was submitted for review by City of
Miami's Transportation Analyst, staff finds minimum impact to the surrounding
area; however, Transportation recommends that the Applicant provide an
updated pick/up drop/off location for car share services or if there are intended
valet services to provide a valet service plan.
Finding: Conditionally Complies
Criteria 3. Alcohol Service Establishment proposing capacities over three hundred (300)
persons, an indoor/outdoor crowd control plan that addresses how large groups
of people waiting to gain entry into the Alcohol Beverage Service Establishment
with a 4COP Quota alcohol beverage license and already on the premises will be
controlled.
Analysis: A Crowd Control Plan was provided for the establishment including a Security
Plan. Staff reviewed the plan and finds that additional safeguards are warranted
for the safety of the patrons to the establishment as further outlined in Subsection
H of this report titled "Conclusion".
Finding: Conditionally Complies
Criteria 4. A security plan for the Alcohol Service Establishment and any parking facility.
Analysis: The Applicant submitted a crowd control and security plan including that include
the installation of security cameras and the use of security personnel attached
hereto as Attachment C. The subject property is a legal nonconforming structure
constructed with no parking.
Finding: Conditionally Complies
Criteria 5. For Alcohol Service Establishment proposing capacities over three hundred (300)
persons, a traffic study and traffic circulation analysis and plan that details the
impact of projected traffic on the immediate neighborhood and how this impact is
to be mitigated.
Analysis: A traffic study and circulation analysis was provided. The City of Miami's
Transportation Analysts reviewed the Trip Generation Report and found that the
magnitude of the planned project has a minimal impact identified on traffic as
further described in the attached memo from the Office of Transportation under
Attachment F.
Finding: Conditionally Complies
Criteria 6. Sanitation plan which addresses on -site facilities as well as off -premises issues
resulting from the operation of the Alcohol Service Establishment.
Analysis: A sanitation plan has been submitted by the Applicant which addresses on -site
facilities as well as off -premises and includes one (1) trash room in the basement
to collect the trash from all floors, and daily trash pick-up monitor, with the option
to have daily trash pick-up as required. Final approval of the sanitation plan is
subject to the Building and permitting review process.
Finding: Conditionally Complies
Criteria 7. Proximity of the proposed Alcohol Service Establishment to Districts - Residential.
Analysis: The property is located within the Central Business district and the Flagler
Entertainment District. The site and the properties located within the 500' radius
are zoned Urban Core Open Transect Zone '76-80-0". Under said zoning
designation residential uses are permitted. Currently there are five (5) residential
buildings located within 500' radius of the site. See image below.
Image 1 — 500' and 200' radius map
Radius Map depicting residential buildings. 1. Olympia, 2. Centro, 3 Atrium, 4. 50 Biscayne
5. Flagler First Street Condominiums
Finding: Conditionally Complies.
Criteria 8. If the proposed Alcohol Service Establishment is within two hundred feet (200) of
any residential use, a noise attenuation plan that addresses how noise will be
controlled shall be required, especially in the case of indoor/outdoor uses. "
Analysis: As previously noted in Image 1 above, the subject site is zoned T6-80-0 which
permits residential uses. Staff conducted a thorough analysis of existing buildings
located within the 200' foot radius of the subject site and found three (3) residential
buildings. 1. The Olympia located at 174 E. Flagler Street, 2. Centro located at
151 E. 1st Street, and 3. Atrium located at 235 SE 1st Street. In accordance with
the above criteria, staff requested a Noise attenuation study. On February 10,
2021 the Applicant submitted a Noise Emission and Noise Pollution Study
prepared by Stage Digital Advisors attached here as Attachment D.
The study included the surrounding buildings in close proximity to the subject site
as further depicted below in Image 2.
Image 2. AREA UNDER ANALYSIS: JULIA AND HENRY S EATERY AND DRINKS
Staff finds that as evidenced by the study and as further depicted in the noise map
simulation below Image 3a & 3b, If the subject site was to implement the
recommendations as outlined in the report, the establishment can safely operate
in compliance with all applicable noise regulations per City Code as mentioned in
the report. As such staff finds that the project would conditionally comply.
Image 3a and 3b (Top: Before IL; Bottom: After implementing recommendations)
Image 3a
As further depicted
in the noise map
simulation below,
if these general
recommendations
are properly
implemented, the
Julia and Henry's
rooftop can
operate in
compliance with
the local acoustic
regulations as
further outlined in
the attached
report.
Implementing recommendations as outlined in the study.
Image 3b
Here you can see
the reduction in
noise level
"decibels" impacts
to adjacent
properties upon the
implementation of
the recommendation
as outlined in the
attached report
under Attachment D
Finding:
Conditionally Complies
H. CONCLUSION
Pursuant to Chapter 23, Section 23-6.1(1) the Waiver grants the HEPB to authorize jurisdiction
in granting the Exception to allow Alcohol Beverage Service Establishment, with extended hours
of operation. Staff finds that the request for the Waiver and Exception complies with all
regulations set forth in Chapter 4 (Alcoholic Beverages). The Waiver will allow the restoration
and adaptive re -use of a locally designated historic structure, in accordance with Chapter 23 of
the City Code.
The Planning Department recommends Approval with Conditions of the requested Waiver and
Exception to allow the Alcohol Service Establishment with extended hours of operation. The
proposed Alcohol Service Establishment with extended hours of operation, is allowed by the City
Code and aligns with uses within the Comprehensive Plan. The proposed use does not propose
outdoor live music or entertainment on the ground level which reduces the potential of the use
becoming a nuisance to nearby residences.
Pursuant to Article 7, Section 7.1.2.6 and Chapter 4 (Alcoholic Beverages), the Planning
Department recommends Approval of the Exception as presented with conditions listed below.
1. The development shall be substantially developed in accordance with the plans titled
"Julia and Henry, 200 East Flagler Street HEPB" as prepared 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
11:00 p.m. and 7:00 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 establishment shall make efforts to control any
unnecessary noise made by staff or any employees contracted by the establishment, or
any noise associated with the operation of the establishment.
5. Any nose generated on site shall conform to Chapter 36 of the City Code noise regulation.
6. The Applicant shall comply with the recommendations as stated Noise and Emission and
Noise Pollution Study as prepared by Stage Digital Advisors titled "JULIA AND HENRYS
EATERYAND DRINKS attached hereto as Attachment D.
7. Any concerns or complaints related to noise nuisance shall be addressed and resolved
immediately.
8. Per City of Miami Code, no loitering or drinking outside of the establishment shall be
permitted at any time.
9. The Alcohol Service Establishment shall be limited to the following hours of operation: 10:30
a.m. to 1 a.m. Sunday through Wednesday, 11:00 a.m. to 5 a.m. Thursday to Saturday.
An extension of hours beyond these hours of operation shall require an Exception with
approval by the City Commission.
10. The Applicant or owner shall comply with the requirements of all applicable departments and
agencies as part of the City of Miami building permit submittal process.
11. The City reserves the right to inspect the site to ensure compliance with the conditions as
listed.
12. The Alcohol Service Establishment Use shall be operated at all times with due regard for the
character of the surrounding district, and the right is reserved to the Planning Director to
require the Applicant to appear before the Historic & Environmental Preservation Board to
consider the imposition of additional corrective Conditions, if, in the Director's opinion,
such Conditions are proven necessary for the protection of persons in the neighborhood or
occupants of adjacent property.
13. All graffiti on the site shall be removed or painted over to match the color of the surface to
which it is applied within 24-hours of its occurrence.
14. Free water shall be provided to patrons upon customer's request.
15. A copy of this Exception including all Conditions, and/or any subsequent appeal of this
Exception and its resultant Conditions and/or letters of clarification 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 site and visible and
accessible to all employees.
16. Applicant shall install and maintain security cameras that covers all common areas of the
business, high -risk areas, entrances and exits, and proof of security camera installation shall
be provided to the Planning Director or their Designee. The video records shall be made
available to law enforcement upon request.
17. 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 establishment to assure
behavior that does not adversely affect or detract from the quality of life for adjoining
residents, property owners, and businesses.
18. The Applicant shall be responsible for maintaining free of debris or litter the area adjacent to
the premises over which they have control, including the sidewalk in front of the
establishment.
19. An electronic age verification device shall be retained on the premises available for use
during operational hours. This device shall be maintained in operational condition and all
employees manning the bar area, lounge area and the entrance for patrons to the alcohol
service establishment.
20. During the hours of operation, a minimum of one on -duty manager with authority over the
activities within the facility 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 premises to
ensure compliance with all applicable State laws, Municipal Code requirements and the
conditions imposed herein. Every effort shall be undertaken in managing the facility to
discourage illegal and criminal activity on the subject premises and any exterior area over
which the building owner exercises control, in effort to ensure that no activities associated
with such problems as narcotics sales, use or possession, gambling, prostitution, loitering,
theft, vandalism or truancy occur.
21. 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 11:00 p.m. and
7:00 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
establishment shall make efforts to control any unnecessary noise made by staff or any
employees contracted by the establishment, or any noise associated with the operation of
the establishment.
22. This final Exception order, inclusive of all conditions of approval herein, shall be binding on
any subsequent owners, heirs or assigns and shall be recorded in the Miami -Dade County
Clerk of Courts within 30 days of issuance. After recordation, a certified copy bearing the
Recorder's number and date shall be provided for inclusion in case file. Fees required per
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 the Alcohol
Beverage Service Establishment certification of use for the site.
Attachments:
Attachment A -
Operation Plan and Menus
Attachment B -
Traffic Study — Valet Plan
Attachment C
- Crowd Control and Security Plan
Attachment D
- Noise and Emission and Noise Pollution Study
Attachment E
— Correspondence in support
Attachment F
— Memo from the City of Miami Office of Transportation
,J,,,rr.
remy Cal os Gauger, AIA, LEED AP
Acting Historic Preservation Officer