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HomeMy WebLinkAboutBack-Up DocumentsCity of Miami Legislation Resolution: R-13-0440 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00899xc Final Action Date: 10/24/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION REQUIRING CITY COMMISSION, AS LISTED IN CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "ALCOHOLIC BEVERAGES" AND ARTICLE 4, TABLE 3, OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "BUILDING FUNCTIONS: USES" TO ALLOW AN ALCOHOLIC BEVERAGE SERVICE ESTABLISHMENT IN A "D-2" INDUSTRIAL DISTRICT ZONE, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1915 NORTHWEST MIAMI COURT, MIAMI, FLORIDA. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 23, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-044 by a vote of eight to zero (8-0), item no. 2, recommending APPROVAL with a condition of the Exception requiring City Commission approval as follows: A parking lease and valet agreement in a form acceptable to the Zoning Administrator must be submitted prior to issuance of any Building Permits or Certificate of Use; and WHEREAS, Chapter 4 of the Code of the City of Miami, Florida, as amended, requires City Commission approval of an Exception; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for Exception requiring City Commission meets the applicable requirements of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the Exception as hereinafter set forth; 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 requiring City Commission, as listed in Chapter 4 of the Code of the City of Miami, Florida, entitled, "Alcoholic Beverages" and Article 4, Table 3, of Ordinance No. 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, entitled, "Building Functions: Uses", to allow an alcoholic beverage service establishment in a "D2" Industrial District Zone, subject to all applicable criteria, for the property located at approximately 1915 Northwest Miami Court, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on file and subject to a time limitation of twelve (12) months in which a building permit must be obtained, is approved and the Exception is granted. This Exception is granted with the following conditions: last call for drinks shall occur no later than 4:00 a.m. and the building will close to all patrons and the public no later than 5:00 a.m. City of Miami Page 1 of 2 File Id: 13-00899xc (Version: 3) Printed On: 9/30/2014 File Number: 13-00899xc Enactment Number: R-13-0440 Section 3. The Applicant may reqest upon payment of any prescribed public hearing fees, the City Commission to modify the conditions in Section 2 above from September 2014 or later. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar 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. City of Miami Page 2 of 2 File Id: 13-00899xc (Version: 3) Printed On: 9/30/2014 Exhibit A Legal Description Lot 10 and the West 1/2 of Lot 11, Block 20, of WADDALLS ADDITION TO MIAMI, According to the Plat thereof, as recorded in Plat Book B, Page 53 of the Public Records of Miami -Dade County, Florida. City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com ..* IMCORP ORATE ' ik !E „. co ' • t P -}' Meeting Minutes Thursday, October 24, 2013 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chair Wifredo (Willy) Gort, Vice Chair Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, P.E., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes October 24, 2013 PZ.6 13-00899xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION REQUIRING CITY COMMISSION, AS LISTED IN CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "ALCOHOLIC BEVERAGES" AND ARTICLE 4, TABLE 3, OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "BUILDING FUNCTIONS: USES" TO ALLOWAN ALCOHOLIC BEVERAGE SERVICE ESTABLISHMENT IN A "D-2" INDUSTRIAL DISTRICT ZONE, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1915 NORTHWEST MIAMI COURT, MIAMI, FLORIDA. LOCATION: Approximately 1915 NW Miami Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Glass House Productions, LLC and A.A. Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with a condition*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with a condition* to City Commission on September 23, 2013 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow an alcohol beverage service establishment. Motion by Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Sarnoff and Spence -Jones Noes: 1 - Commissioner(s) Suarez Absent: 2 - Commissioner(s) Gort and Carollo R-13-0440 Commissioner Spence -Jones: PZ.6. Chair Sarnoff PZ.6. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Item PZ.6 is a resolution before you requesting an exception for an establishment located at approximately 1915 Northwest Miami Court. Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Well, actually, it's in -- Chair Sarnoff: My district. Commissioner Suarez: Sorry. Commissioner Spence -Jones: Do you (UNINTELLIGIBLE) -- City ofMiami Page 2 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 Mr. Garcia: So we would like to recommend that item with some conditions, if I may read those briefly into the record? Chair Sarnoff.• Please. Mr. Garcia: Thank you, sir. We would like to request that a parking lease and valet agreement, in a form acceptable to the Zoning Administrator, must be submitted prior to issuance of any building permit or certificate of use. Chair Sarnoff All right. Commissioner Suarez: Maker accepts the amendment. Chair Sarnoff Let me just say a few things about this. This is a 5 o'clock closure, and it is a 5 o'clock -- yes. So let me make a Jennings disclosure. I met with -- I think it's called Glass. I think it's called Glass. I remember the folks associated with this particular facility; took a tour of the facility; looked at the parking facilities, Mr. Planning & Zoning Director; asked them to provide us parking lot lease agreements, which I am now in receipt of what appears to be two parking lot agreements, though I candidly admit one of the parking lot agreements, I can't tell what's the designation or how many parking spots there are there, so I'd ask you to perform a little more due diligence with regard to that. Now, just in general with regard to 5 o'clock last calls, 'cause that seems to be the way we in the City of Miami interpret that, I am not in favor of what I call "last calls." I like to see what I call "hard closures," but what I'd also like to see is somebody have the opportunity to sober up, and that means a period of time where they spend in a bar where they cannot order another drink and then obviously get in a car and leave. So I bring this as a discussion to you all to help me with this issue. I think if there's ever a place that is funky, cool, it is this place. If ever a place was a place that could view -- that could handle a crowd, it is this place. Commissioner Spence -Jones: What is this place? What is this place? Chair Sarnoff It is -- Commissioner Spence -Jones: It's on 19th Street, but I'm just -- Northwest Miami Court. Chair Sarnoff Yeah, it's pretty hard to find. Well, has anybody gone to the new -- there's a motorcycle shop around the corner. There is a car place there. They call it adult toys, but it actually means just funky cars. Commissioner Spence -Jones: Mm-hmm. Chair Sarnoff It's a little -- and there's a gym, a boxing gym. Commissioner Spence -Jones: Oh, is it by the boxing gym? Chair Sarnoff Right next door to the boxing gym. Commissioner Spence -Jones: Oh, okay. Chair Sarnoff So it's a very -- if there is such a thing as "feng shui," it's a very cool little happening place. However -- Commissioner Suarez: Feng shui. Chair Sarnoff "Feng shui "; is that the right way of putting it? All right, here's my issue. I City of Miami Page 3 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 really believe that we should, if we're going to do these late -night closures, have a last call for alcohol, a cool -off period, and then a hard close. My thinking is a 4 o'clock last call. My thinking is a hard close, 5 o'clock. Madam City Attorney has indicated to me we can do that. I'm open for the discussion on this. I've been there. I went there. Commissioner Suarez: You know I'm very liberal on this issue; I mean liberal in the sense that I don't have a problem with them serving alcohol 24 hours. The reason why is because -- and I went to school -- I went to law school in Gainesville, and Gainesville has a hard close at 2 a.m., and what you would see is everyone would come out drunk at 2 a.m. So instead of there being a natural flow of people leaving -- you know what I mean? -- hopefully, when they're sober, 'cause at the end of the day, it's on people to be responsible and to not drink more than you should and get in a vehicle. You know, I always think that doing an artificial closing time, to me -- this is my philosophy on this issue -- actually, in my experience and what I've seen, creates problems, fights, accidents, and all that stuff. But I mean, that's just my perspective on it. You know, whatever you guys want to do is fine with me. Commissioner Spence -Jones: So are you saying you want it to close at --? I'm sorry. Ben Fernandez: I'm going to make -- one brief comment to make -- thank you, Mr. Chair -- which is that it's a 5 a.m. closing or liquor sales that we're -- Commissioner Spence -Jones: You got to put your name. Mr. Fernandez: -- requesting, 5 a.m. and -- Huh? Commissioner Spence -Jones: Name on the record. Mr. Fernandez: Oh, I'm sorry. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant. And what I'd like to just bring to your attention is the fact that you have a 5 a.m. district that is north of the expressway. It's called the Media and Entertainment District. But the reality is that the legislative intent of this body has never been met because there are no clubs there, because the expectation is that that will develop with the Genting development eventually. The prices are not conducive to anyone coming in to building new infrastructure for club purposes, and this property is located in between that district, which is here, and the Wynwood Cafe District, which is a 3 a.m. district. So what you have is a 24-hour district, very few, if any, 5 a.m. clubs, and then a less intense 3 a.m. district. So this is going to be meeting the intent of that Omni Media District, which it's right next to, but it's not within it, because it can't be, because no one can really afford to be located in that area, nor does I think this Board want to see that type of use in that area any longer. Cecilia Stewart: Mr. Chair, when you open up the -- Chair Sarnoff Public hearing. Ms. Stewart: -- public meeting, I would like to speak. Chair Sarnoff You're recognized for the record. No, go ahead, go ahead. Commissioner Spence -Jones: You're recognized. Ms. Stewart: Okay. Cecilia Stewart, 1899 Northwest 1st Court. Good evening, Mr. Chair and Commissioners on the dais. Thank you for allowing me this opportunity as a property owner to speak on behalf of myself and my neighbors who signed a petition against the opening of this nightclub in our community. We are concerned about the peace, wholesomeness, and well-being of the community, along with the following: The types of clients that the proposed establishment will attract and/or solicit, the control of parking, noise volume, crime rate, traffic volume, both City of Miami Page 4 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 pedestrian and vehicles. We are also mindful of the schools and parks, namely, Muriel and Arnold Rosen Educational Complex, Joni and Stanley Tate Early Childhood Center, Bridge Prep School, Phyllis Wheatley Elementary School, Biscayne and Dorsey Parks, as well as the Miami Rescue Mission and the transient indigents, along with the historic designated sites, which includes the City of Miami Cemetery and the Historic Saint Agnes Episcopal Church; also including churches such as the Temple Israel, A.M. Cohen Temple Church of God in Christ, and Temple Missionary Baptist Church, just to name a few. The use of this proposed establishment -- hello? Commissioner Spence -Jones: I'm just trying to be helpful. Ms. Stewart: That's coming from my yard. I took that this morning out of my backyard. That shows the parking lot, and I'll get to that information when you allow me to complete my presentation. Chair Sarnoff Go ahead. Commissioner Spence -Jones: No problem. We just trying to understand it, that's all. Ms. Stewart: The use of this proposed establishment is not acceptable, nor is it beneficial to our community, neither is a wholesome influence, nor proper type of entertainment to expose to the community. We are currently overwhelmed enough with disturbances in our community. Surely, we can address the challenges of unemployment without bringing such unsavory establishments into our community. This proposed type of establishment will only embolden illegal activities and elicit such lifestyles that are not going to create and sustain good jobs. Let us focus on what is healthy for the community. And Mr. Chair, I would like to have, if it please you, a couple of more minutes, because I have two minutes and I know that, but I gave a petition with some of my neighbors, so if you would please allow me two more minutes. Chair Sarnoff I'm going to give you more time. Would you show me where your house is on that map right there? Ms. Stewart: This is 20th Street. I don't know where -- 1st Court is off the map, so I can't show you where I live on this map. Chair Sarnoff You came to my office once before, didn't you? Ms. Stewart: Yes, I did. Chair Sarnoff Did we help you with that issue? Ms. Stewart: Yes, you did. Chair Sarnoff Okay. Ms. Stewart: And I thank you for that. Chair Sarnoff Okay. Go ahead, continue, continue. Oh, give it to me. Thanks. Ms. Stewart: With that being said, I notice that the Planning & Zoning Department is prepared to approve this exception with the condition that the nightclub provide parking off site. My question is: Will the Zoning Department demand that the off -site parking be provided subject to a recorded covenant made at a minimum with a lease term of five years? Please require and demand a recorded covenant. If I have -- I'm sorry. I have many questions. Please defer this item until I can meet with the applicant's attorney. Thank you. City of Miami Page 5 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff Thank you, Ms. Stewart. So, just so you know, Ms. Stewart or anyone else out there, I drove around and actually walked around, and let me be disclosing it. It was with Victor de Yurre. We actually walked the block all the way around, looked around in detail. There's a cement mixing plant directly across the street. This is a very, with all due respect, rugged neighborhood, but a neighborhood that -- I shouldn't say this -- but if I were an investor, I would certainly look to invest there, 'cause I -- it's going to be a happening neighborhood, bar none. Also, so you know -- I like to be disclosing -- I'm a little bit of a boxer, so I went to the boxing gym, and in December, we're going to have a charity event where you can hit the Commissioner, if you can. So anybody that wants to hit me or take their shot will have their shot. I know there's people in the audience. Behar's already signed up. But remember, Behar, I get to hit back, too, so we'll see about that. Here is my thinking: I am not -- obviously, I don't go to these establishments. If I was 20 or 21 or 25 years old -- I shouldn't have said 20, should I? -- I said 21 or over, although in my day, you could drink at 18 -- I would certainly go to this place. Let me say that this is an extraordinarily interesting place to go to. In terms of whether it brings out the right or wrong kind of people, that's in the eye of the beholder. I could tell you this about the parking: They have parking directly -- where their (UNINTELLIGIBLE) door opens, I would say they have 20 to 30 spaces right there. Directly across the street -- and I will make sure they have a lease for at least three years, Mr. P&Z (Planning & Zoning). I want to make sure it's at least a three-year lease. Directly across the street, they could probably park upwards of I'd say, 40 to 50 cars easily. On their block, they could probably park another 30 -- well, 30 might be -- 20 cars. There's a lot of parking around the neighborhood. And by the way, they did not have these leases when I walked out there on Monday -- Monday or Tuesday, and they have them in hand -- well, they had one; they had the other one in hand today. I'm going to ask the Planning & Zoning director to make sure that the leases are satisfactory and in accordance with your suggestions. But I'm going to ask you a question. Ms. Stewart: Yes. Chair Sarnoff If I were to grant them an extension, would you agree that there should be a hard close and a cooling off period? Ms. Stewart: Yes. Chair Sarnoff And do you think 4 or 4: 30 is the right number? Ms. Stewart: Four. Chair Sarnoff Four o'clock? Ms. Stewart: Yes. Chair Sarnoff Give them an hour of no further drinking so that they would be in the place, and then by 5 o'clock --? Ms. Stewart: Yes. Chair Sarnoff That's my inclination, as well. Ms. Stewart: Yes. Chair Sarnoff All right, I'm going to pass the gavel to my new Vice Chair. Todd B. Hannon (City Clerk): Excuse me, Chair, we do have a motion by Commissioner Suarez; if he would like to withdraw his motion. Chair Sarnoff Did you withdraw your motion? He believes in 24; he may not. City of Miami Page 6 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 Ms. Stewart: Before we do that, please, could I explain the photograph that I passed to you? Commissioner Spence -Jones: Yeah. Chair Sarnoff Sure. Commissioner Spence -Jones: That's what I was trying to understand. Ms. Stewart: The photograph is taken from my backyard. That's a lot that they have in the information for to be leased, which is considered a three -acre lot. They want to lease that for parking. As you can see the condition of that, there's no lighting, it's no pavement, it's no drainage. It's just bush. They got to do that in order to use that lot. However, it's right across the street from me. As you can see the proximity, that's my backyard; the side, that's the side of my house. Chair Sarnoff. And let me be clear. That is not the lot they took me to. Ms. Stewart: That is not the lot they took you to, sir. Chair Sarnoff. Right. The lot they took me to was across -- was it that? -- and that's the lot she's describing? Unidentified Speaker: (INAUDIBLE). Chair Sarnoff Okay. Ms. Stewart: No. You can't see where he's talking about because it's not there; it's near my home. It's not on that picture. Chair Sarnoff Do me a favor, Ms. Stewart. Ms. Stewart: Yes. Chair Sarnoff We're going to hand you the mike again. I want to show you the lot so you can see the lot he's pointing to me that he now has a leasehold interest on. Ms. Stewart: Okay, okay. This is the property. This is Northwest Miami Court, right? All right, across here is where the Tarmac cement trucks park their cars, okay. That's the 40 lots over there. Now, on this other side, this is where the motorcycle company, so forth. Chair Sarnoff Right, right, right. Ms. Stewart: Okay, good. Over here off the screen, there's a big lot that you have there in your hand. Chair Sarnoff But that's not the lot that they're showing to me that they have leased. Ms. Stewart: Mm-hmm, but on their requirements in their explanation of accounting for additional spaces, they include that three -acre lot to be used for off -site parking. Chair Sarnoff Well, let me go to my Planning & Zoning director. Commissioner Spence -Jones: And Ben. He's right -- Chair Sarnoff You want to answer that? City of Miami Page 7 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 Mr. Fernandez: Yes, if I may. First of all, we have a parking lot on site that you saw, Commissioner -- Chair Sarnoff Right, right. Mr. Fernandez: -- that is available, entirely available, because all of the other businesses, of course, are closed when this place opens at 11 p.m. In addition, there is abundant on -street parking along Miami Court, which is entirely non-residential, all the way down to the park. Then we have a lease on the parking lot that Tarmac uses, but, of course, is available in the evening, which is the lot that we pointed to on the street. In addition to that, there is a three -acre lot over here, which we're talking to them about and we can potentially lease, but we don't need it. Chair Sarnoff And isn't that the lot that she is talking about from her --? Mr. Fernandez: That would be the lot that she's talking about, but we satisfy our parking requirement with just the first parking lot that we're leasing, and that's what your Planning Department can confirm to you. Chair Sarnoff: But just to be clear, you've handed me the lease for your interior parking and you've handed me the lease for what appears to be the -- Mr. Fernandez: For the one across the street. Chair Sarnoff -- I would say the southwest parking lot. Mr. Fernandez: That's correct. Chair Sarnoff • Okay. And all I ask my PZ director is that you verify the lease, you verify that there's some attachment to the use, and you verify it is not less than three years. And maybe what you do is -- if this has to come back to you in three years, that it can get renewed so long as they have the same lease on their parking lot. The other part of the motion I'm going to make equally is that this has a 4 o'clock last call and a 5 o'clock hard closure. That would be my -- Commissioner Suarez: Okay. Chair Sarnoff -- motion to approve. Commissioner Suarez: Okay, just from a procedural perspective, I think I had a motion on the table, but since I am now the Chair, I can't make a motion. Chair Sarnoff Under Mason's rules -- Mr. Hannon: No, you just -- you're just withdrawing your motion. Chair Sarnoff Right. Mr. Hannon: You're not making a motion, sir. Commissioner Suarez: No, I'm saying 'cause I'm now the Chair, I can't -- the Chair can't make a motion; he has to pass the gavel, so I'd have to pass it back to you. No -- Chair Sarnoff All right. Commissioner Suarez: Listen -- City of Miami Page 8 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 Mr. Fernandez: I'm sorry. Commissioner Suarez: -- it's a long night. Mr. Fernandez: Mr. Chair, before you -- Commissioner Suarez: Yes. Mr. Fernandez: -- the gavel is passed, can Mr. Lowe address -- the proprietor? Commissioner Suarez: How quick? Mr. Fernandez: Very quick. Mark Lowe: I mean, it's not extremely quick. I mean, it's my business, so I would like to be able to speak with respect to the Commission before any -- Commissioner Suarez: How much time do you need, sir? Mr. Lowe: Five minutes -- Commissioner Suarez: Okay. Mr. Lowe: -- before any decision is made.. Commissioner Suarez: Put five minutes on the clock. Thank you. Mr. Lowe: First, to address the resident. ma'am, we reached out initially to many different spaces to -- Commissioner Suarez: Sir, excuse me a second. I'm sorry to interrupt you. Mr. Lowe: Yes. Commissioner Suarez: Can you please put -- Commissioner Spence -Jones: Name for the record. Commissioner Suarez: -- your name and -- Mr. Lowe: Oh. Commissioner Suarez: -- your address on the record. Mr. Lowe: Yes, I will. Commissioner Suarez: We need for our documentation purposes. Mr. Lowe: My name is Mark Lowe. My address is 8101 Biscayne Boulevard -- Commissioner Suarez: Thank you. Mr. Lowe: -- Suite 702 -- Commissioner Suarez: Go ahead. City of Miami Page 9 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 Mr. Lowe: -- Miami, Florida 33138. We reached out to many lots that we were interested in. As typically happens, when you reach out with letter of intents, owners of lots came back to us, and prices changed, quadrupled and tripled. The losses -- or the lots that we have taken are not the lots that you're talking about. If there is ever an issue with the Commission or with a neighbor and those lots, absolutely, we will not take that lot. I don't want to have any issues with anyone in the neighborhood, and I apologize to you, because I did not know that you were a neighbor of that lot. So I wanted to say that. Ms. Stewart: Okay; apology accepted. Mr. Lowe: Secondly, what I wanted to just say to you, Members of the Commission, I appreciate all of your time, and I know it's late. Thank you. Three years ago, my realtor began showing me spaces from Broward to South Beach. After looking at over 200 spaces, I chose the West Omni area where House is located. My realtor told me that this was the future of Miami. Truthfully, I wasn't sure. It was abandoned. It was a warehouse. There was nothing there. I saw no life. Downtown is established; Midtown has exploded; the Design District is literally replacing Bal Harbor; Wynwood has created its own artistic persona; and the West Omni area is truthfully I believe the future. I have built and designed 14 nightclubs globally, restaurants, lounges, supper clubs in multiple commercial and residential spaces. My last nightclub, Living Room, in Fort Lauderdale, was one of the most successful nightclubs in Broward County until I left to focus on the dream of House. It was located on Las Olas Riverfront, which was a plaza that was in foreclosure; not the best area; unkempt and uncared for. Everyone questioned my choice, but I genuinely believed that there was something special there; the same reason I genuinely believe that there is something special in this area. My philosophy is simple: Build something spectacularly beautiful, a true work of art with a concept and vision; treat customers well, and they will come. This idea of House has been a six year vision for me. This is not a guy trying to open a nightclub; the idea of a house party where everyone feels welcome and connected. This is not an ordinary House, but a House of the future, with 360-degree panoramic projections, 3D architectural mapping, holographic and fog screen technology, technology that exists nowhere in the world. Forget Miami. It exists nowhere. House is an art and performance -based space. It is about shows, art, and simple appetizers served in different ways. The economic collapse of 2009 and the effect that it had on local artists in Miami and even national artists decimated art galleries. This is an opportunity for artists to have their work shown on the largest projection screen in the United States. We have supported countless charities, including the March of Dimes, Make A Wish, Muscular Dystrophy, GLAD (Gay and Lesbian Advocates and Defenders), His House, PBA (Police Benevolent Association) and FOP (Fraternal Order of Police) organizations. Additionally, we were the only nightclub in Broward County to support the two fallen officers that were killed in Miami, and we were a Broward-based business two years ago. The people in Midtown, Wynwood, downtown, and Design District deserve an upscale alternative to South Beach. South Beach is not what it once was. My following and clientele in Broward are waiting patiently with anticipation. This is not about after hours. This is not about an early lounge. It is integral -- and I want to repeat this -- it is integral for our sheer survival that we are able to serve and be open until 5 a.m. We are in an industrial zone. There is no neighborhood. We have no neighbors and no life after 5 p.m. We are not afforded the walk-in traffic that Wynwood is blessed with, nor are we afforded the after-hours traffic that downtown has. That's not what we want. We are almost 10,000 square feet, and we cannot survive financially if we are -- stop serving alcohol at 4. We need to have an equal footing with the competition on the Beach. Our competition is Liv and Story. Miami deserves a venue like Liv and Story here. Since we've moved to the area, I'm proud to say that Punch Boxing, House of Thunder, and many additional businesses have come as well. We have created our own little block, and it's growing. Of paramount importance is parking, security, and liquor liability. Aside from the endless street parking, we have signed leases on two paved and lime lots. We have more than tripled our parking requirements. Above that, we have letters of intent on an additional 100 spaces, which is not the lot you're speaking of. Security will be outside the front door at every major entrance/exit point, next to tables and restrooms, outside on each corner City of Miami Page 10 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 and in the lots, themselves. We would also like to form an organization allowing us to have police detail, because downtown is entitled to do that and Miami is not. Commissioner Suarez: Sir, I'm going to need you to conclude. Mr. Lowe: We have two security vehicles for patrolling, and we recognize that one break-in can destroy this entire business. Security is an outside company, licensed, bonded and insured. Garbage will be cleaned nightly by porters, and any additional debris in the streets will be taken care of. The handling of liquor at night is gravely important. First -- Commissioner Suarez: Sir? Mr. Lowe: Yes? Commissioner Suarez: I need you to conclude. Mr. Lowe: I'm almost done. Commissioner Suarez: Thank you. Mr. Lowe: Promise. First, we are a 21-and-over establishment; secondly, all of our staff are certified in alcohol prevention awareness programs. If there is ever an issue, we will take care of our clients and take them home. I want to make it clear that this is a world -class destination, and that is what our intent is, to bring something extraordinary and unique and different. And every person who's with me has given their soul for this project, and we've been here for two years, and we've been through hell, and I'm simply asking for the opportunity to open and be given the same fair stage that you voted Stage to have when they were given a 3 a.m. to 5 a.m. exclusion in the Design District, as well as Bargo, which has the same thing. I'm simply asking to be on equal footing. Commissioner Suarez: Thank you, sir. Mr. Lowe: Thank you for your time. Commissioner Suarez: Okay, Ivan Baumeije. And just to be clear, it's a two -minute -- I just want to be clear. You have two minutes under our ordinance. I gave the gentleman five minutes because he's the owner of the establishment and was requesting additional time, but you have two minutes to speak on this item. You're not registered, Renita, on this item. Renita Holmes: Yes, I am. Commissioner Suarez: Oh, is she? Okay, my apologies, Renita. Ms. Holmes: All right. Commissioner Suarez: Go ahead. Oh, you just -- she just -- Ms. Holmes: That's okay. Commissioner Suarez: -- gave it to you now? No, I don't see -- oh, okay. Is this her? Todd B. Hannon (City Clerk): Yes, sir. Commissioner Suarez: I got it, okay. Ms. Holmes: Yeah, I forgot my -- City of Miami Page 11 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 Commissioner Suarez: I'm sorry. Ms. Holmes: -- City of Miami badge. You know how it is. But I just wanted to ask a question, if I may, on the record. When we talk about parking lots, I know this neighborhood pretty well, and that's my neighborhood, but I also know the recovering persons in the neighborhood, you know. I know the recovery people; I know the issues at night; I know the rapes that have occurred; I know the molestations that have occurred; I know the robberies that have occurred -- not all of them, but, God, how many do you have to know? So safety is always an issue, but there is one safety issue that we hardly ever deal with, Commissioners, and that's the one about health risk. And when you have parking lots and tailpipes up against your face, that's a problem. When you have noise and pollution, that's a problem. But my question I guess is: Were there any environmental studies or impacts in regards to the direct impact that this lady will have due to the fact that she has tailpipes, petroleum, linoleum? And then is it possible for me to get the prior environmentals on the issue? 'Cause I can almost swear when we was looking at that brown fields chart that this neighborhood and this metal recycling company had some issues. So I just want to know, through the Chair and to the County Attorney, is that mandatory, is that available, and is that being considered? Because it's easy to say you don't have neighbors, but when traffic comes back and forth, noise starts and pollution. That is one crime to have -- you know, you have a right to know under State of Florida EPA (Environmental Protection Agency) and the Federal EPA, and we need to know, and I think that's mandatory in these packages. So is that accessible now? Mr. Lowe: Well, I'd be happy to respond to some of that. I think that this is probably the most appropriate place for this kind of establishment, given the fact that it's located between a concrete hatching facility, a metal recycling plant, and a -- Ms. Holmes: Excuse me. Mr. Lowe: -- city cemetery. Ms. Holmes: Excuse me. Commissioner Suarez: Whoa, whoa, whoa, whoa. Ms. Holmes: I asked through the Chair. Mr. Commissioner, I did not ask this gentleman. I asked you through the Attorney -- Commissioner Suarez: Guys? Ms. Holmes: -- all right? Okay. Commissioner Suarez: Ms. Holmes. Ms. Holmes: I understand. I was just -- before it got to be another sales pitch. Commissioner Suarez: Whoa, whoa, whoa, whoa. Listen, it's been a long day. Ms. Holmes: Yeah. Commissioner Suarez: Everybody -- no -- Ms. Holmes: I got to go home to my kids. Commissioner Suarez: Listen, it's been a long day. No one has been respecting the Chair today, and the Chair has had to battle all day long to try to keep control of this meeting that has been City of Miami Page 12 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 out of control. Ms. Holmes: I think I asked you a question, Commissioner, and I hear you fussing at me, but I asked you a question. I didn't ask him. And that's all I'm saying. Can I get a answer to my question from you? Commissioner Suarez: But you need to -- Ms. Holmes: Or through the Chair. Commissioner Suarez: -- wait until I finish. Ms. Holmes: Okay, that's all I was asking. You don't have to holler at me. Commissioner Suarez: Mr. Fernandez, she has 24 -- you have 24 more seconds on your -- the balance of your time. Ms. Holmes: No, I yield for an answer that I asked. I just want -- Commissioner Suarez: Okay. Ms. Holmes: -- the answer as the public. Commissioner Suarez: I'm not the appropriate person to ask that question, but maybe someone from the Administration can answer your question. Ms. Holmes: That's why I said "through the Chair." Commissioner Suarez: Yes. Is there anyone from the Administration that can answer her question? Go ahead, Mr. Garcia, give it a shot. Ms. Holmes: In regards to environment, environmental requirements and impact. Mr. Garcia: I understood the question, thank you. Ms. Holmes: Thank you, sir. Commissioner Suarez: Please. Mr. Garcia: The parcel in question is zoned industrial. That happens to be, from the zoning perspective, the most liberal zoning designation there is in the City of Miami. The area, given that it is zoned industrial, all of it is, surrounding this property, is replete with the sorts of very noxious uses that you might expect; the applicant has named some. As pertains to environmental studies, none are needed. Should there be any technical requirements pursuant to the Building Code, those will be addressed through the Building permit. What we can do and will do through the certificate of use process is certainly ensure that any noise impact that they may have concerns with are addressed. There are ordinances in place that govern noise impact, and they have to abide by that, and they are fully aware of it and will be held responsible for that. Commissioner Suarez: Thank you, Mr. Garcia. Ivan Baumeije. No? Okay. Enid Pinkney. Enid, are you going to speak on this? Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Suarez: Okay, Alexander Marc -- City of Miami Page 13 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 Ms. Steward: She's coming. Commissioner Suarez: Alexander, you're on deck if you're going to speak. Okay, thank you. Enid Pinkney: You know, my concern is -- I was born in Overtown, 1827 Northwest 5th Court, and I am concerned about what comes into the Overtown area as it affects the residents of the area. And I know that Ms. Stewart has been around in the community with the petitions 'cause I was -- and she showed me -- because I took her to a meeting yesterday -- was that yesterday? -- whatever day it was -- and she showed me the place where this is going to take place. The only thing that I want to say is that I'm in support of her efforts to try to keep the community a place to live, that you would want to live and all of us would want to live, and so I'm in support of what Ms. Cecilia Stewart is doing. As I drive around with her, getting the petition signed and the people in the community, helping them to understand what's going on. I'm in support of what she's doing in keeping the community favorable to where they want to live. Commissioner Suarez: Thank you, Ms. Pinkney. The public hearing -- Ms. Stewart: May I say one more thing? Commissioner Suarez: You have the balance of her time, which was 39 seconds. Go ahead. Ms. Stewart: Yes. They're going to have 1,200 customers projected to be in that place. That's a lot of people trampling in my area. That's a lot of people trampling with drunkedness [sic], solicit [sic] sexual and drugs and whatever, the homeless included in that. That's a lot of people, and I want you to please consider that. Please consider my peace. Please consider the quality of life, that's it. And I implore you to think about that for the benefit of mankind. Commissioner Suarez: Thank you, ma'am. Ms. Stewart: Thank you. Commissioner Suarez: Thank you. One more speaker, last speaker. What's the name, Mr. Clerk? What's the name, I'm sorry? Maddie Cartajena. Maddie Cartajena: Hello, everyone. I own House Nightclub. My name is Maddie Cartajena, and I have to say that I understand the ladies' concerns and the neighborhood concerns. I come from 46th Street, between 10th and 11 th Avenue, in Manhattan, which was not a very well-to-do area; very poor; we had gangs; we had shootings; we had suicides, and that's what I grew up in. I am proud to say that I go back now, and I can see the development that happened in that area and it started with the neighborhood, with the people. That's why I respect you and your words, and I understand your concern. And we started that in New York City, which is something that I am proud of now with House, because we're not here to bring something bad to an area. We believe that this area needs something amazing and beautiful. I would invite the ladies personally to come and see House, and they can see for themselves what House is about. So I am proud to say that I am from New York City, from Hells Kitchen, which was an area that was a very poor and bad area. I came from that, and I believe in areas, and I believe in House, and I believe in this area. I appreciate your time. Commissioner Suarez: Thank you. Chair Sarnoff Mr. Chair. Commissioner Suarez: Yes, you're recognized, Commissioner. Chair Sarnoff First and foremost, I don't take lightly 5 o'clock closures. And if you know anything about me, it's a very concerned decision for me. I took the opportunity to meet Victor City of Miami Page 14 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 de Yurre out there, and we candidly walked the neighborhood. If there is a place for late -night closure, it is this place. If there is an extraordinary nightclub, this is an extraordinary nightclub. My only consternation -- and I'll have it no matter where it -- what it looks like, where it is, how it reacts -- is the way we operate in Miami with very late -night closures, so it's 5 o'clock. At 4:59 you could literally get a pitcher of beer to a quart of grain alcohol, and you would drink that till -- I hope it would take you about an hour to consume that, but that puts you on the road at 6 o'clock in the morning, 6:15, 6:30, and to me, that's when the early bird catches the worm, and that's when the people that are trying to make a good living are crossing paths with those that are ending their evening. So I'm always going to have this concern. I just believe -- "A," I believe this is the right spot for this use; "B, " I am more than glad to extend your hours so that you have a hard close at 5 o'clock, but you have a last call at 4 so people can sober up for that one hour. It's just -- you know, other Commissioners may have other views, and other Commissioners may have other feelings. I really don't believe this place will interfere with the neighborhood. I think it, arguably, could enhance the neighborhood. It's a very edgy, cool neighborhood. So -- and where is Ms. Stewart? There she is. There you go. You were -- by the way, you have been one of the most pleasant people I have ever met in District 2 to deal with. You come prepared, you come understanding what your request is, and not only that, you have follow-through. And I think I tried to hire you, but you weren't available. So I'll stand by my motion, Mr. Chair. Commissioner Suarez: Thank you, Commissioner. I want to say a few things as well. I think -- can you remove that, please, that thing, so I can speak directly to --? Can you remove that, please? The cardboard -- Mr. Lowe: Yeah. Commissioner Suarez: -- can you remove it? Thank you. I agree with the Chair. You are a very classy woman, and, you know, obviously, you feel that this is going to impact your quality of life, and that's always very compelling. I don't think there's ever a time when a neighbor or a resident comes before us, you know, with that concern where we're not moved by that, you know, and -- you know, and there have been instances in my district where -- actually, there are clubs that are much closer even in proximity, physical proximity to residents, and that does -- it does create a tension. I also -- and this is where my -- maybe it's 'cause I'm the youngest person here by quite a bit. This is where my youth, growing up in Miami -- I've always envisioned Miami and always see Miami as a very cutting edge, great metropolis city. And what I see happening in the City is exactly what the gentleman was saying, which is that people are leaving Miami Beach, and they're coming to the City of Miami to live, to work and to play, and we're seeing that -- we're very blessed to have in the audience today, you know, the visionary, Craig Robbins, who has a great project in the Design District, and there's just a lot of beautiful and amazing things that are happening in the City, thanks to people who have great vision and also have the intestinal fortitude to invest in the City and deal with the issues that come along with that and the difficulties that come along with that. I personally have no issue with the 5 o'clock, with it being 5 o'clock or 24 hours, for that matter. I just -- that's just my personal feel of it, but it's hard -- you know, you have a district Commissioner. He's very passionate, very consistently passionate on that issue. It is his district, and you do have, you know, residents, so it's hard for me, I'll be honest with you. I don't know where Commissioner Spence -Jones lines up on this issue. It's a tough one for me because, philosophically, I'm on one end, you know, and also, you know, I want to respect the district Commissioner, and I want to respect the residents who could -- and I'm not saying you will, 'cause sometimes you think you're going to be affected by something, and it doesn't turn out that way, 'cause it's kind of a fear of the unknown. You're not sure, and you're scared of the possibility of being -- and I understand; that's a real, real fear, you know, so I don't know. I don't know. Where do you stand on this? What's your feeling on it? Commissioner Spence -Jones: I mean, I know that Marc has been working, from what I'm understanding, very hard on this situation -- Commissioner Suarez: Yeah. City of Miami Page 15 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 Commissioner Spence -Jones: -- correct; going back and forth with them on this? And I'm assuming that Cecilia is saying that she is comfortable with what the district -- 'cause actually, she's in -- she's actually in Marc's district, so at least during that time you were, right? So you've been working on this. I don't want to like not -- Chair Sarnoff: I've worked with her on other issues. Commissioner Spence -Jones: Okay. Chair Sarnoff Yeah, we actually -- right. Commissioner Spence -Jones: Not this. Oh, okay. Commissioner Suarez: Yeah. Commissioner Spence -Jones: Okay, so -- Chair Sarnoff: No, I worked with her on other issues. Commissioner Spence -Jones: Okay. So, I mean, is this -- is she saying that she's okay with this? Chair Sarnoff You okay with my motion? Hard close, 5 o'clock; 4 o'clock, stop drinking. Commissioner Spence -Jones: I thought she said "yeah." Commissioner Suarez: Yes, please. Can you please step up to the microphone? Thank you. No. Ms. Stewart: Okay. Chair Sarnoff What we're going to do is a 4 o'clock last call; 5 o'clock, hard close. Ms. Stewart: Yes. And, please, could you just make sure I clearly understand what that means? Explain that to me. Chair Sarnoff: Sure. At 4 o'clock is the last drink is served. Ms. Stewart: Okay. Chair Sarnoff And then they can spend that time for the next hour, theoretically, drinking and/or sobering up, hopefully. And then 5 o'clock, they actually flash the lights on and they say to everybody, "Okay, we're closed" Ms. Stewart: And they have to leave the premises. Chair Sarnoff Correct. Ms. Stewart: Now, what they do after that, like loitering in our area -- Commissioner Suarez: That's a whole different -- Ms. Stewart: See, that's what I'm talking about. Commissioner Suarez: That's what I'm saying, this doesn't -- Ms. Stewart: That's what I'm talking about, and then that is compounded on the prostitution, City of Miami Page 16 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 because we have young prostitutes in our area; we have the homeless; we have the druggies that are doing their drugs behind my home, okay. Chair Sarnoff Can I say something? Having seen what's gone on in that area, watching the fight club, looking at the motorcycle place, I actually think they're pushing that element out. Commissioner Suarez: Absolutely. Chair Sarnoff And when I spoke to the people that are building -- the rent -- the leasehold interest, they actually had people living on the roof so what was living on the roof of that facility is no longer on that facility. I think if you take a little bit of faith -- and Commissioner Spence -Jones could explain faith better than I ever could. Ms. Stewart: No, I know about faith. Chair Sarnoff Well, somebody could explain it to -- Ms. Stewart: I can explain that to you. Chair Sarnoff Probably could. Ms. Stewart: All right. Chair Sarnoff But a little bit of -- Commissioner Suarez: I believe you, I believe you. Chair Sarnoff -- faith and I think you'll find this to be a pretty good compromise, 'cause I think you're going to benefit from this to some degree. That little shopping center -- and that's not the right description of it. It's almost like an entertainment center, because, candidly, when Victor de Yurre walked around there, it was like an adult Disney World. If you're a motorcyclist, they have the greatest motorcycles. If you're a car person, they have great cars there. And now there's a fight club right around the corner, and right next to it will be -- you know, it is an incredible -- he's right. The way he describes this place -- just so you understand -- you walk in the door and there are these -- I call them "bowls." I don't know what the right word for them is. You touch it and you connect to your Facebook. Commissioner Suarez: That's cool. Chair Sarnoff Now -- what? Commissioner Suarez: That's cool. Chair Sarnoff Right. And from there, the experience gets even better. Ms. Stewart: Okay. Chair Sarnoff So it is an extraordinary place. I don't think I'll find you in there, Cecilia. Ms. Stewart: No, you will not. Chair Sarnoff I don't think you'll find me in there, or my wife will break certain bones in my body. Ms. Stewart: Yes. City of Miami Page 17 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 Chair Sarnoff But I think it's an extraordinary place, and I think it will enhance the area. Have a little bit of faith. Commissioner Suarez: And I think what we want, just to not drive this on any further, in our community is we want people like this gentleman who has thought through the process of investing in the City of Miami. I mean, it's a very thoughtful process. He understands the market. He's taking a risk, just like Mr. Robbins did; took a tremendous risk in the investment that he made in an area that was unproven, and he's the one that's the market -maker there. So, you know, it's -- these are the kinds of businessmen that we want in the City. Ms. Stewart: Please, one last word. Mr. Fernandez: Mr. Chair, if I may -- I'm sorry. Ms. Stewart: Okay. I went on the website that they show advertising their facility. This is what really gripped me, because you have the nudity; you have the innuendo, "Come and do anything that you want to do in here. You're gonna have showers. You can take showers. We want the -- anybody to do anything. This is your home, and when you go at home, you should feel welcome and do what you want to do." To me, to me, it was so dark that it caused me to just kind of get weak when I saw it, because you got all these naked people. Commissioner Suarez: Okay, guys, all right. Ms. Stewart: Okay. Commissioner Suarez: All right, thank you. Ms. Stewart: That's what the clientele is. Commissioner Suarez: Okay. Ms. Stewart: That's my fear. Commissioner Suarez: Got it. Ms. Stewart: That's my concern. Commissioner Suarez: Got it. Ms. Stewart: Clientele. Commissioner Suarez: We got you, we got you. Okay, thank you, ma'am. Ms. Stewart: Thank you. Commissioner Suarez: Thank you. There's a motion on the floor. Mr. Fernandez: I'd like to make, Commissioner -- Commissioner Suarez: Let me -- first, let me close the public hearing on this. Mr. Fernandez, you're recognized for a -- how long you need to rebut? Mr. Fernandez: I just want to add a friendly request to the motion, which would be the ability to revisit the condition within a period of time. Commissioner Sarnoff, I believe that you've, in the past, considered motions like that; allow Mark to demonstrate what a good neighbor he will be, what a positive impact it will be for the community, and it will give the Commission an ability to City of Miami Page 18 Printed on 9/30/2014 City Commission Meeting Minutes October 24, 2013 revisit the business sometime from now and reassess the situation. Commissioner Suarez: Why don't you come back in September of '14. That gives you -- that'll give you the season; it'll give you some operation time; she'll have an -- Mr. Fernandez: Can we come --? Chair Sarnoff -- experience; and Cecilia can tell us whether it works or doesn't work. Alternatively, I can withdraw my motion; I can move this to January; meet with staff; continue discussions; see if January works for my schedule; possibly continue it into March; see if that works with my schedule. So tell me what your druthers are. Ms. Stewart: Nikki, you better get over there. Mr. Lowe: Revisit it earlier. Mr. Fernandez: I think we'd accept the motion. Can we revisit it in six months rather than a year? Chair Sarnoff September of '14. Mr. Fernandez: Fine. Chair Sarnoff Good. Commissioner Suarez: There's a motion as amended. Is there a second? Commissioner Spence -Jones: Second. Commissioner Suarez: There's a second. All in favor, signer it by saying "aye." Chair Sarnoff: Aye. Commissioner Spence -Jones: Aye. Commissioner Suarez: No. Chair Sarnoff Hmm, I'm going to look at District 4 now. Commissioner Suarez: I had a feeling that was coming. Chair Sarnoff: Danny, I want to know everything going on in 4. City of Miami Page 19 Printed on 9/30/2014