HomeMy WebLinkAboutHEPB (4954) ResolutionCity of Miami
HEPB Resolution
Enactment Number: HEPB-R-18-069
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4954
Final Action Date:12/4/2018
A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2(4) OF THE CITY CODE OF
ORDINANCES, APPROVING AN APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS PROVIDING FOR WAIVERS TO ALLOW ALCOHOL
BEVERAGE SERVICES ESTABLISHMENTS AT AN INDIVIDUALLY DESIGNATED
STRUCTURE, COMMONLY KNOWN AS THE OLD UNITED STATES POST OFFICE
AND COURTHOUSE, LOCATED APPROXIMATELY AT 100 NORTHEAST 1
AVENUE, MIAMI, FLORIDA, 33132; FURTHER INCORPORATING THE ANALYSIS
ATTACHED HEREIN AS "EXHIBIT A".
Approved, as amended, with the following conditions:
1. This Special Certificate of Appropriateness be in the form required by Miami 21 and issued
upon City Commission review and approval.
2. Any noise generated on the site shall conform to Chapter 36 of the City Code noise
ordinance.
3. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.
4. The property shall comply with all Building Code regulations and shall not have any open
Code Violations,
5. Failure to comply with the conditions herein shall result in the revocation of this Special
Certificate of Appropriateness to allow for an alcoholic beverage service establishment, and
shall be subject to any fines and penalties pursuant to City Code.
6. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments or
any other musical devices on or about the premises between the hours of 11 p.m. and 7 a.m.
the following day, unless said music devices are played or operated in an enclosed building and
the sound is not audible from the outside of the building so as to disturb the quiet, comfort or
repose of persons in any dwelling, hotel or other type of residence.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS
DIVISION WITHIN FIFTEEN (15) DAYS.
PreservationDfficer " Date
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
OAR
Personally appeared before me, the undersigned authority, Preservation Officer of the City of Miami,
Florida, and acknowledges that s/he executed the foregoing Resolution.
City of Miami
Page 1 of 2 File ID: 4954 (Revision:) Printed On: 12/31/2018
SWORN AND SUBSCRIBED BEFORE ME THIS
Print Notary Name
DAY OF
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
otary Pi is is State of Florida
My Commission Expires:
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SIRES: Februely 21, 2022
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City of Miami Page 2 of 2 File ID: 4954 (Revision:) Printed On: 12/31/2018
()I 1 " City of Miami
• �.` Planning Department
Val E i et II e A
_�. /1 Historic Preservation Office
ANALYSIS FOR A SPECIAL
CERTIFICATE OF APPROPRIATENESS
APPLICANT: Post Office Development LLC FILE ID: 4954
c/o Javier Avino
PROJECT ADDRESS: 100 Northeast 1 Avenue
NET OFFICE: Downtown-Brickell
COMMISSION DISTRICT: District 2 (Ken Russell)
STATUS: Individually designated
ZIP: 33127
HEARING DATE: 11/6/2018
TDR Eligible: Yes
A. GENERAL INFORMATION:
REQUEST: Pursuant to Section 23-6.1 and Section 4-9 of the City Code of Ordinances, as amended,
the Applicant is requesting a Special Certificates of Appropriateness for Waivers to allow Alcohol
Beverage Services Establishments and an outdoor dining area at an individually designated
structure, Old U.S. Post Office and Courthouse located on a parcel zoned T6-80-0 "Urban Center
Transect Zone",
Folio: 0101100501140
Lot Size: Approximately 9,330 sq. ft,
B. BACKGROUND:
On January 16, 2001, the Historic and Environmental Preservation Board, pursuant to Resolution
No. HEPB-2001-001, designated the subject property located at 100 Northeast 1 Avenue as an
individual historic resource.
C. COMPREHENSIVE PLAN:
The subject property is an individually designated structure. Pursuant to Goal LU-2, 2.3 and 2.4 of
the Miami Neighborhood Comprehensive Plan the City will 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 and archeological resources.
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The Applicant's request for waivers to allow Alcohol Beverage Services Establishments and an
outdoor dining area are partially in accordance with the Comprehensive Plan and Chapter 23 of the
City of Miami Code of Ordinances,
D. HISTORIC PHOTO:
CURRRENT CONDITION:
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E. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T6-80-0; Urban Core Transect Zone
Surrounding Properties
FUTURE LAND USE DESIGNATION
Central Business District
Maximum of 1,000 D.U. per acre
NORTH: T6-80-0; Urban Core Transect Zone Central Business District
Maximum of 1,000 D.U. per acre
SOUTH: T6-80-0; Urban Core Transect Zone Central Business District
Maximum of 1,000 D.U. per acre
EAST: T6-80-0; Urban Core Transect Zone Central Business District
Maximum of 1,000 D.U. per acre
WEST: T6-80-0; Urban Core Transect Zone Central Business District
Maximum of 1,000 D.U. per acre
F. ANALYSIS:
The following is a review of the request pursuant to Section 23-6.1. and Section 4-9 of the City Code of
Ordinances, as amended.
Analysis: The Applicant is requesting Waivers to allow Alcohol Beverage Services Establishments and
an outdoor dining area at an individually designated structure located at approximately 100
Northeast 1 Avenue.
Request 1.) Alcohol Beverage Services Establishments
The Applicant is requesting a Waiver pursuant to Section 23-6.1 of the City Code of
Ordinances to waive the exception requirement, pursuant to Section 4-9 of Chapter 4 Alcohol
Beverage, for establishments occupying more than 5,000 sq. ft of floor area. Section 23-6.1
only grants the Historic and Environmental Preservation Board the authority to issue waivers
of the Miami 21 Code, not the City Code of Ordinances. Therefore, this request is not in
compliance with Section 23-6.1
Findings: In -consistent
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Request 2.) Outdoor Dining Area:
The Applicant is proposing an outdoor dining area along the eastern facade of the historic
structure. An application for a Special Certificate of Appropriateness was submitted to
allow for alterations to an existing staircase that would allow the area to be used for outdoor
dining. Staff finds the requested waiver is found to be in accordance with the applicable code
criteria.
Findings: Consistent
G. CONCLUSION:
Pursuant to Section 23-6.1 and Section 4-9 of the City of Miami Code of Ordinances, as amended,
the Preservation Office finds that request for Special Certificate of Appropriateness for a waiver to
permit an outdoor dining area does comply and the Special Certificate of Appropriateness for a
waiver to allow Alcohol Beverage Services Establishments does not comply.
H. RECOMMENDATION:
Pursuant to Section 23-6.1 and Section 4-9 of the City of Miami Code of Ordinances, as amended,
the Preservation Office recommends approval with conditions of the Special Certificate of
Appropriateness for a waiver to permit an outdoor dining area and denial of the Special Certificate
of Appropriateness for a waiver to allow Alcohol Beverage Services Establishments.
1. This Special Certificate of Appropriateness for an outdoor dining area is non-transferrable
and is limited to use by the first ground level tenant.
2, Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation.
3. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.
4. The subject property shall comply with all Building Code regulations and shall not have any
open Code Violations.
5. Failure to comply with the conditions herein shall result in the revocation of this Special
Certificate of Appropriateness to allow for an outdoor dining area and shall be subject to
any fines and penalties pursuant to City Code.
6. Applicant shall maintain an outdoor dining area in compliance with ADA separation
requirements
7. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments
or any other musical devices on or about the premises between the hours of 11 p.m. and 7
a.m. the following day, unless said music devices are played or operated in an enclosed
V. Toranzo No. 4953
10/23/2018 Page 4 of 51
building and the sound is not audible from the outside of the building so as to disturb the
quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
Warren Adams
Preservation Officer
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