HomeMy WebLinkAboutAnalysis and Maps-SUBCity of Miami
Planning Department
Land Development Section
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ANALYSIS FOR.
EXCEPTION
APPLICANT: GR OPCO, LLC.
PROJECT ADDRESS: 15 and 29 NE 11 Street
COMMISSION: District 2 (Ken Russell)
PLANNER: Luiz Vicentini, Planner I
FILE ID: PZ-19-649 EX
FOLIO: 01-3137-031-0040
NET OFFICE: Downtown-Rrickell
STR- 15-54-41
A. GENERAL INFORMATION
REQUEST: Pursuant to Article 7, Section 7.2.6 (a) of the Miami 21 Code, GR OPCO, LLC. (the
"Applicant") seeks the approval of an Exception to extend the twenty-year Time Limitation after
the Adoption of the Miami 21 Code, to operate an existing legal nonconforming Use ("Adult
entertainment") located at 15-29 NE 11 Street (the "Site"), for an additional twenty years through
May 20, 2050.
B. BACKGROUND
The subject Site is located within the Downtown-Brickell Neighborhood Enhanced Team (NET)
area and is approximately 33,422 square feet of land within the "T6-60A-O" Urban Core Transect
Zone. It is generally located on the northeast corner of North Miami Avenue and Northeast 11
Street
Subject Site above, outlined in red
6335 - Analysis and Map -SUB
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The subject Site contains a legal nonconforming commercial structure (the "Structure") of
approximately 15,997 square feet. The Structure was permitted in 2000 and contains an Adult
entertainment Use (Club El leven) on the ground floor and mezzanine, and a restaurant (Touche
Tavern), on the rooftop.
Before the Miami 21 Code, there were different Zoning Ordinances including the 11000 and 9500
Zoning Ordinances. lNith the adoption of the Miami 21 Code, uses such as the Adult
entertainment, are not permitted T6-60A-O Transect Zone. Miami 21 allowed existing legally
established Adult entertainment Uses to continue operations 20 years after its adoption. In order
to operate after the initial 20 years, the Adult entertainment Use must be approved for an
extension of the Time Limitation by Exception by the City Commission.
The Adult entertainment Use has continued to operate from the effective date of Miami 21 Code
(May 20, 2010) to present; therefore, the use expires on May 20, 2030. The Applicant is applying
to extend the Time Limitation far the Adult entertainment Use for an additional 20 years or until
May 20, 2050. No expansion of the Use or Structure is proposed under this Exception application.
Entitlement and Permit History for the Site:
On April 12, 2000, a Certificate of Use was issued for the Property for Adult Entertainment.
On April 13, 2000, the City approved Ordinance No. 11916, which imposed certain limitations for
specific Uses, such as Adult entertainment and, with the adoption of such Ordinance, the 'Gold
Rush Adult Nightclub" became a legal nonconforming Use.
On May 18, 2001, the Planning and Zoning Department issued a Class II Special Permit #01-
0123, to allow the operation of an Adult Nightclub, "Gold Rush", located within the "Entertainment
Specialty District".
In 2001, the Building Department issued Permit No. SD#01-5012635) to allow the construction of
a Structure.
On August 19, 2003, a Certificate of Use (CU# 032546) was issued to allow Gold Rush Adult
Nightclub to operate within the Structure.
Miami Dade County records show that in 2013, the Applicant acquired the property operated by
Gold Rush Nightclub and remodeled it to accommodate two distinct establishments. Touche
Tavern (on the rooftop of the structure located at 15 NE 11 Street), and Ell even Miami Adult
Nightclub, (on the ground floor and mezzanine of 29 NE 11 Street).
On January 24, 2013, the City of Miami's Zoning Administrator issued a Zoning Verification Letter
(ZVL), allowing for the continuance of the nonconformity Use (Adult entertainment) for twenty
years from the effective date of Miami 21 Code (May 20, 2010). In addition, the Zoning
Administrator advised that the Applicant could seek an additional twenty years upon approval by
the City Commission through May 20, 2050.
On November 9, 2013, the City of Miami's Planning Department approved Warrant No.13-0058
with conditions to allow an Alcohol Beverage Service Establishment within the "Park West
entertainment Specialty District" for the Property located at 29 NE 11 Street for El leven Miami
Adult Nightclub.
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On May 27, 2017, the Office of Code Compliance issued several citations to multiple
entertainment venues in the general area, including the subject Site, in violation of the noise
ordinance. As a result, the Applicant sought to enclose the rooftop terrace to mitigate any noise
generated from the subject site.
On August 28, 2017, the Office of Zoning determined that the Applicant's request to: 1) enclose
and enlarge the rooftop terrace was an expansion of a legal nonconforming Structure; and 2)
extend the Adult entertainment Use to the terrace, required two separate Exceptions pursuant to
Article 7, Section 7.2.3(b)(1), Article 7, Section 7.2.6(c)(1)(b), and a Waiver. pursuant to Section
5.6.1(g), of the Miami 21 Code.
On September 5, 2017, the Applicant applied for Exceptions and a Waiver to the City of Miami,
Planning ❑epartment.
On May 16, 2018, the Planning Zoning Appeals Board approved the Exceptions and Waiver with
conditions, pursuant to Ordinance 13114, Article 7, Section 7.2.3 (b)(1) and Article 7, Section
7.2.6(c)(1)(b) of the Miami 21 Code through Resolution #18-023.
C. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
In the Future Land Use Map (FLUM), the subject site is designated "General Commercial' with
an "Urban Central Business District" (UCBD) Overlay, which allows a maximum density of 150
dwelling units per acre.
Areas designated as "General Commercial' allow all activities included in the ''Restricted
Commercial" designations, as well as wholesaling and distribution activities that generally serve
the needs of other businesses; generally, require on and off-loading facilities; and benefit from
proximity to industrial areas. These commercial activities include retailing of second hand items,
automotive repair services, new and used vehicle sales, parking lots and garages, heavy
equipment sales and service, building material sales and storage, wholesaling, warehousing,
distribution and transport related services, light manufacturing and assembly and other activities
whose scale of operation and Land Use impacts are similar to Uses described above.
Multifamily residential structures of a density equal to High Density Multifamily Residential, are
allowed subject to the detailed provisions of the applicable land development regulations.
Properties designated as "General Commercial' in the Urban Central Business District (UCBD)
are allowed a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property.
Staff has found that the existing Adult entertainment Use is compatible with the mix of uses and
development in the neighborhood. By allowing the extension of the Time Limitation for the legal
nonconforming Use, the use maintains its operations and enhances the variety of entertainment
venues available in the area.
in addition, pursuant to the Miami Comprehensive Neighborhood Plan (MCNP), Policy L.U-1.3.15,
the "City will continue to encourage a development pattern that enhances existing neighborhoods,
by developing a balanced mix of Uses including areas for employment, shopping, housing, and
recreation in close proximity to each other'.
Furthermore, the Urban Central Business District (UCBD) identifies that this area,"... shall contain
high intensity, high density multi -use development to include. retail; professional and
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governmental office uses cultural, recreational and entertainment facilities; high density
residential; hotels and motels, and appropriate industrial activities." This continued operation of
this Adult entertainment Use on the Site is consistent with the Miami Comprehensive
Neighborhood Plan.
D. NEIGHBORHOOD CHARACTERISTICS
ZONING
Subiect Property
T6-60A-O Urban Core Transect Zone
Surrounding Properties
NORTH: T6-60A-O (Urban Core Transect Zone)
FUTURE LAND USE ❑ESlGNATION
General Commercial / UCBD Overlay
Maximum 150 D.U. per acre
Genera} Commercial f UCBD Overlay
Maximum 150 D.U. per acre
SOUTH: T6-60A-O (Urban Core Transect Zone) General Commercial / UCBD Overlay
Maximum 150 D.U. per acre
EAST: T6-60A-O (Urban Core Transect Zone) General Commercial / UCBD Overlay
Maximum 150 D.U. per acre
WEST: T6-60A-O (Urban Core Transect Zone) General Commercial / UCBD Overlay
Maximum 150 D.U. per acre
E. ANALYSIS
The Applicant requests an Exception to extend the twenty-year Time Limitation to operate an
existing legal nonconforming Use ("Adult entertainment') through and including May 20, 2050.
Without the extension of the Time Limitation, the Adult entertainment Use must cease to operate
on May 20, 2030. The Background and Miami Neighborhood Comprehensive Plan sections of
this report are hereby incorporated into the analysis and its corresponding criteria by reference.
Criteria: Pursuant to Miami 21 Code, Article 7, Section 7.2.6(a) Time Limitation; "Where, at the
effective date of adoption or amendment of this Code, a lawful Use exists which would not be
permitted under this Code, the Use may be continued for twenty (20) years from the date the Use
first became legal nonconforming and consistent with the regulations of this section. The Use
shall not be allowed to continue automatically upon expiration of the twenty (20) years. Upon
application, the City Commission may grant by Exception an extension for continuance of the Use
for an additional term of up to twenty (20) years."
Analysis '1: The subject Site contains a legal nonconforming Use, Club El leven, an Adult
entertainment Use on the ground floor and mezzanine. and Touche Tavern, a restaurant, located
on the rooftop of the Structure. The Use is located within the T6-60A-O" Urban Core Transect
Zone, which allows high density and intensity development.
Before the Miami 21 Code, there were different Zoning Ordinances including the 11000 and 9500
Zoning Ordinances. With the adoption of the Miami 21 Code. uses such as the Adult
entertainment, are not permitted in the T6-60-A-O Transect Zone. Miami 21 allowed existing
legally established Adult entertainment Uses to continue operations 20 years after the adoption
Club El1even 1 PZ-19-649
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of Miami 21. In order to operate after the initial 20 years, the Adult entertainment Use must be
reviewed and approved via an Exception by the City Commission.
On January 24, 2013, the Zoning Administrator issued a Zoning Verification Letter (Attachment
C) to the Applicant verifying the status of the venues Adult entertainment Use. The Zoning
Administrator advised that the existing legally nonconforming Use would expire an May 20, 2030,
twenty years after the effective date of Miami 21 Code, pursuant to Section 7.2.6 (a). In addition,
the Zoning Administrator advised that the Applicant could seek an additional twenty years upon
approval by the City Commission through May 20, 2050.
The Adult entertainment Use has operated on Site since May 18, 2001 without interruption. The
Applicant has obtained and maintained all the necessary permits and licenses to continue
operating the legal nonconforming Use, as indicated in Attachment B (Approved Exception
Analysis File ID#3951).
The Applicant's intent is to continue to operate the existing Adult entertainment Use beyond the
current expiration date of May 20, 2030, with a new expiration date of May 20, 2050.
There have no calls for service or public complaint against the Adult entertainment establishment
since early last year. In addition, there has been no comments or concerns from Code
Enforcement or Downtown NET Office. Records provided by the Applicant and confirmed by Code
Enforcement shows that the Property has no open Violations.
Materials provided by the Applicant show that there is no increase of the square footage for the
Use, as such additional parking is not required.
Finding 1; Consistent
Criteria 2: Miami 21 Code, Article 4, Table 12, Design Review Criteria
Analysis 2: Article 4. Table 12, Design Review Criteria includes review of: Building Disposition,
Building Configuration, Building Function & Density, Parking Standard, Landscape Standard, Sign
Standard, and Ambient Standards. For the Exception to extend the Time Limitation to operate an
existing legal nonconforming Adult entertainment Use, the applicability of the Design Review
Criteria from Article 4, Table 12, is limited as there are no changes proposed to the operation of
the Adult Entertainment Use, the Structure, or the site. The applicant is not proposing any
changes related to Parking, Landscaping, or Signs.
The Criteria of Ambient Standards has been applied to the request, staff reviewed how the Adult
entertainment Use interacts with the neighborhood it is located in. The Adult entertainment Use,
has not received any calls for service from the Police Department or complaints since April 17,
2018. The complaint was related to noise.
In addition, the Code Enforcement and Downtown NET Office has not expressed any concerns
with the operation of this Use being extended for another 20 years, or until May 2050.
Finding 2: Consistent
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Criteria 3: Miami 21 Code, Article 6, Table 13, Supplemental Regulations
Analysis 3: Article 6, Table 13 Supplemental Regulations includes the regulations applied to the
establishment of new Adult Entertainment Establishments in the "D2" Industrial Transect Zone.
One of the Criteria to establish that, "... minimum distance of 1,000 feet shall be required from
any public park, school, or property zoned for Residential Use; including such public park or
school properties outside City limits or properties zoned residential by the external jurisdiction."
Although not required, staff reviewed a 1,000-foot radius from the subject site using the City's GIS
system to determine the distance between the existing Adult Entertainment Use from any public
park, public school, or property zoned for Residential Use; including such public park or public -
school properties outside City limits or properties zoned residential by the external jurisdiction.
Aerial view displaying 1,000-foot radius buffer from 15-29 NE 11 Street
Based upon the City's GIS system there are no public parks, public schools, or properties zoned
for Residential Use; including such public parks or school properties outside City limits or
properties zoned residential by the external jurisdiction.
Finding 3: Not required but Consistent
F. NEIGHBORHOOD SERVICES
Office Code Compliance No Comments
Building Department Required
Downtown Neighborhood Enhancement Team (NET) Office No Comments
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G. CONCLUSION
The Planning Department finds the request consistent, as the Applicant has submitted all the
necessary information which demonstrates compliance with the guidelines and criteria required
for an Exception to extend the Time Limitation to operate an existing legal nonconforming Use
("Adult entertainment") located at 15-29 NE 11 Street, as specified in Article 7, Section 7.1.2.6
(b)4 of the Miami 21 Code.
In addition, staff finds the request to allow the Extension of Time Limitation for the existing legal
nonconforming Adult entertainment Use, through and including May 20, 2050, consistent with the
Goals and Objectives of the Miami Neighborhood Comprehensive Plan (MCNP). By allowing the
Time Extension of this use, it continues to encourage a development pattern that enhances
existing neighborhoods, and promoting a mix of Uses in a area that is marked for high intensity,
high density mufti -use development. Furthermore, the proposed Time Extension will continue to
enhance the variety of entertainment venues within the surrounding area which is anticipated by
Miami 21 Code development located within the T6-60A-O" Urban Core Transect Zone.
H. RECOMMENDATION
Pursuant to Article 7, Section 7.2.6 (a). as amended on the aforementioned findings, the Planning
Department recommends approval to allow the extension of the Time Limitation to operate a legal
nonconforming Adult entertainment Use, through and including May 20, 2050, subject to the
following conditions:
1. The site shall be developed substantially in compliance with the plans as prepared by
Telesco Associates consisting of 14 sheets received by E-Plan on January 9, 2019.
2. All other Uses, height and area regulations of the Municipal Code and all other applicable
government/regulatory agencies shall be strictly complied with in the development and use
of the property, except as such regulations are herein specifically varied or required.
3 The Adult entertainment 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 impose
additional corrective Conditions, if, in the Administrator's opinion, such Conditions are
proven necessary for the protection of persons in the neighborhood or occupants of
adjacent property.
4. 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.
5 Free water shall be provided to patrons of the Adult entertainment Use upon customer's
request.
6. 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.
7. 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
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be provided to the Planning Director or their Designee. The video records shall be made
available to law enforcement upon request.
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.
9. 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.
10. 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 entrance for patrons to the establishment shall be instructed in its
use.
11. 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.
12. No music, sound or noise shall be emitted from the subject businesses at a level prohibited
by the noise regulations of the City Code. Any sound or noise emitted from the premises
that is under the control of the petitioner and exceed the city's noise regulations shall
constitute a violation of Chapter 36 of the City Code, including any loud, unnecessary or
unusual noise that disturbs the peace or quiet of any neighborhood or that causes
discomfort. 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, or equipment, unless said music devices are played or
operated within 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
another type of residence.
13. Prior to the effectuation of this Exception, a covenant acknowledging and agreeing to
comply with all the terms and conditions established herein shall be recorded in the Miami-
❑ade County Clerk of Courts. The agreement (standard master covenant and agreement
form) shall run with the land and shall be binding. The agreement with the conditions
attached must be submitted to the Planning Department and the Office of the City Attorney
for approval before being recorded. 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.
14. Failure to comply with the conditions herein shall result in the revocation of the Permit.
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16,INDEMNIFICATION AND REIMBURSEMENT OF LITIGATION COSTS.
Applicant shall do all the following:
a. Defend, indemnify and hold harmless the City from any and all actions against the City
relating to or arising out of. in whole or in part, the City's processing and approval of this
entitlement, including but not limited to, an action to attack, challenge, set aside., void, or
otherwise modify or annul the approval of the entitlement, the environmental review of the
entitlement, or the approval of subsequent permit decisions, or to claim personal property
damage, including from inverse condemnation or any other constitutional claim.
b. Reimburse the City for all costs incurred in defense of an action related to or arising out of,
in whole or in part, the City's processing and approval of the entitlement, including but not
limited to payment of all court costs and attorney's fees, costs of any judgments or awards
against the City (including an award of attorney's fees), damages, andfor settlement costs.
c. Submit an initial deposit for the City's litigation costs to the City within 10 days' notice of the
City tendering defense to the Applicant and requesting a deposit. The initial deposit shall be
in an amount set by the City Attorney's Office, in its sole discretion, based on the nature and
scope of action, but in no event, shall the initial deposit be less than $15,000.00 dollars. The
City's failure to notice or collect the deposit does not relieve the Applicant from responsibility
to reimburse the City pursuant to the requirement in paragraph (ii).
d. Submit supplemental deposits upon notice by the City. Supplemental deposits may be
required in an increased amount from the initial deposit if found necessary by the City to
protect the City's interests. The City's failure to notice or collect the deposit does not relieve
the Applicant from responsibility to reimburse the City pursuant to the requirement in
paragraph (O.
e. If the City determines it necessary to protect the City's interest, execute an indemnity and
reimbursement agreement with the City under terms consistent with the requirements of this
condition
The City shall notify the applicant within a reasonable time of its receipt of any action and the
City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action, or
proceeding in a reasonable time, or if the City fails to reasonably cooperate in the defense, the
applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City.
The City shall have the sole right to choose its counsel, including the City Attorney's office or
outside counsel. At its sole discretion, the City may participate at its own expense in the defense
of any action, but such participation shall not relieve the applicant of any obligation imposed by
this condition. In the event the Applicant fails to comply with this condition, in whole or in part,
the City may withdraw its defense of the action, void its approval of the entitlement, or take any
other action. The City retains the right to make all decisions with respect to its representations in
any legal proceeding, including its inherent right to abandon or settle litigation.
For purposes of this condition #17, the following definitions apply:
"City" shall be defined to include the City, its agents, officers, boards, commissions, committees,
employees, and volunteers.
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"Action" shall be defined to include suits, proceedings (including those held under alternative
dispute resolution procedures), claims, or lawsuits. Actions include actions, as defined herein,
alleging failure to comply with any federal, state or local law.
Nothing in the definitions included in this paragraph are intended to limit the rights of the City or
the obligations of the Applicant otherwise created by this condition.
cyq eii - Ellis
ief of Land Development
Attachments:
A. Legal description
B: Approved Exception Analysis File ID#3951
C: Zoning Verification Letter
(3 f �� r�
Da e
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ATTACHMENT A
LEGAL DESCRIPTION
PARCEL 1:
The West 50 feet of Lot 4 and all of Lots 5 and 6, Block 3, of North City of Miami,
according to the Map or Plat thereof, as recorded in Plat Book "B" at Page 41, of the
Public Records of Miami -Dade County, Florida.
PARCEL 2:
Portion of Lot 9, Block 16, BALDWIN AND OXAR'S AMENDED (a replat of Block
16, Alice Baldwin, Jenny M. Oxar & Charles E. Oxar, Plat Book A, Page 57), according
to the Plat thereof, as recorded in Plat Book B, page 87, of the Public Records of Miami -
Dade County, Florida, more particularly described as follows:
Begin at the Southwest corner of said Lot 9, thence North 87°48'29" East 80.97
feet along the South line of said Lot 9 to a point on a curve concave Northeasterly
having a radius of 1070.68 feet thence from a tangent bearing North 72° 1 1'22"
West run Northwesterly 87.62 feet along said curve through a central angle of
4°41121" to the West line of said Lot 9, thence South 2°16'52" East 31.31 feet
along the West line of said Lot 9 to the Point of Beginning.
PARCEL 3:
Lots 5, 6, 7 and 8, of Block 16, BALDWIN AND OXAR'S AMENDED (a replat of
Block 16, Alice Baldwin, Jenny M. Oxar & Charles E. Oxar, Plat Book A, Page 57),
according to the Plat thereof, as recorded in Plat Book B, page 87, of the Public Records
of Miami -Dade County, Florida;
Less: That part of Lots 5 and 8, Block 16, BALDWIN AND OXAR'S AMENDED (a
replat of Block 16, Alice Baldwin, Jenny M. Oxar & Charles E. Oxar, Plat Book A, Page
57), according to the Plat thereof, as recorded in Plat Book B, page 87, of the Public
Records of -Miami -Dade County, Florida, described as follows:
Begin on the East line of said Lot 5 at a point 14,26 feet North 02°12'01" West
from the Southeast corner of said Lot 5; thence North 02°20'0l" West 5.90 feet
along the East line of said Lot 5; thence North 02°20'56" West 29.83 feet to the
Northeast corner of said Lot 5; thence Westerly 119,26 feet along the Northerly
line of said Lots 5 and 8 to a point on a curve concave Northeasterly having a
radius of 1070.68 feet; thence from a tangent bearing of South 72° 11'22" East run
Southeasterly 124.66 feet along said curve through a central angle of 06°40115" to
the Point of Beginning.
City o41 D11 at i
,P as sth L)opasl anent
a_aatml De ve1v pmr>taint Section
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ANALYSIS FOR
EXCEPTION
APPLICANT. GR OPCO, LLC
PROJECT ADDRESS: 15 and 29 NE 11 Street
COMMISSION: District 2 (Ken Russell)
PLANNER: Luiz Vicentini, Planner I
FILE ID; 3951
FOLIO: 01-3137-031-0040
NET OFFICE: Overtown
A. GENERAL INFORMATION
REQUEST: As listed in ordinance No.13114, as amended, the Miami 21 Code, the Applicant (GR
OPCO, LLC) requests the following:
1) An Exception, pursuant to Article 7, Section 7.2.3 (b)(1) to allow for alterations of
approximately 23 percent of a Structure where the Code states alterations of a Structure
containing a nonconforming Structure to an extent of less than 50 percent of square footage
of the original Structure may be permitted; and
2) An Exception, pursuant to Article 7, Section 7.2.6 (c)(1)(b) to allow for the alteration of
approximately 23 percent of a Structure containing a nonconforming Use where the Code
states alterations of a Structure containing a nonconforming Use is less than 50 percent of
the square footage of the Structure at the time of the alteration may be permitted on a parcel
zoned Urban Core Transect Zone Open "T6-60A-O".
3) As part of this Exception application, the Applicant has requested the approval of a Waiver,
pursuant to Section 5.6.1(g), to reduce a front setback to zero feet where 10 feet is required
on the eastern frontage facing NE Miami Court and on the southern frontage facing NE 11
Street enclosure to match the ground level dominant setback of the surrounding block.
The subject nonconforming commercial Structure is located within the Overtown NET area. The
subject site is approximately 33,422 square feet and is generally located on the northeast corner
of North Miami Avenue and Northeast 11 Street. The complete legal description is on file with the
Hearing Boards Section.
B. BACKGROUND
The subject site contains an existing legal non -conforming commercial Structure comprised of
approximately 15,997 square feet originally permitted in 2000. Today, the Structure houses Club
Elleven, an adult entertainment establishment at the ground floor and mezzanine. Touche
Tavern is located on the rooftop of the Structure.
Pleven Miami 1 File No, 3951
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On May 18, 2001, the Planning and Zoning Department issued a Class it Special Permit #01-
0123, to allow the operation of an Adult Nightclub named Gold Rush located within the
"Entertainment Specialty District".
In 2001, the Building Department issued a Building Permit (BD#01-5012635) to allow the
construction of a Structure followed by a Certificate of Use (CU# 032546) issued on August 19,
2003, to allow Gold Rush Adult Nightclub to operate within the Structure.
On October 2004, the City of Miami approved Ordinance 11916, which imposed certain limitations
for specific uses, such as Adult Entertainment, With the adoption of subject Ordinance, the Gold
Rush Adult Nightclub became a non -conforming Use.
Miami Dade County records show that, in 2013, the Applicant acquired the property operated by
Gold Rush Nightclub and remodeled to accommodate two distinct establishments: Touche Tavern
(on the rooftop of the structure located at 15 NE 11 Street), and Elleven Miami Adult Nightclub,
(in the ground floor and mezzanine of 29 NE 11 Street).
On November 9, 2013, a Warrant (W#13-0058) to allow Alcohol beverage service establishment
in "Park West Entertainment Specialty District' was approved with conditions by the Planning and
Zoning Department for the Property located at 29 NE 11 Street. The Warrant includes several
Findings relevant for the subject application, such as the following:
Fining #1- "Applicant is proposing to renovate the space for the existing adult entertainment
night club and to add a new second floor to house a separate, independent non -
adult entertainment nightclub with food service and outdoor dining area."
Finding #4-"The new use will be a twenty-four hour rooftop ultra -lounge with an upscale
restaurant and outdoor seating area with independent access separate from the
adult entertainment use. The building elevator will provide access to the new use
and to a new enclosed vestibule on the existing mezzanine level for disable
patrons."
In addition, the W#13-0058 included specific conditions for the operation of the Alcohol Beverage
Service Establishment of the property.
The restaurant and Adult Nightclub obtained the following Licenses pursuant to 'Previous
Business Usage Report":
For Touche Tavern (Restaurant), on the rooftop of 15 NE 11 Street:
• CU #1511-002523 for Commercial Food Service Establishment (CU24), issued on
October 21, 2013,
• Retail Beverage License 4COP # BEV2301285, issued on 10/2112013.
• Permanent Food Service License # SEA2334139, issued on 02/05/2014.
For Ell even Miami (Adult Nightclub) on the ground floor and mezzanine of 29 NE 11 Street:
• CU # 1402-000258 for Adult Nightclub, Entertainment (CU22), issued on February 4,
2014,
• Retail Beverage License 4COP # BEV2301275, issued on 02/05/2014.
El leven Miami / File No. 3951
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On May 27, 2017, the Office of Code Compliance issued several citations to multiple
entertainment venues in the general area, including the subject property, in violation of the noise
ordinance. As a result, the Applicant sought to enclose the rooftop terrace as a way to mitigate
any noise generated from the subject site,
On August 28, 2017 the Office of Zoning determined that the Applicant's request to enclose and
expand the rooftop terrace to expand the adult entertainment Use required Exceptions pursuant
to Article 7, Section 7.2.3(b)(1), Article 7, Section 7.2.6(c)(1 )(b), and a Waiver, pursuant to Section
5,6.1(g), of the Miami 21 Code.
On September 5, 2017, the Applicant submitted an application for an Exception along with a
companion Waiver to the City of Miami, Planning Department,
C. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
In the Future Land Use Map (FLUM), the subject site is designated "General Commercial" with
an "Urban Central Business District" (UCBD) Overlay, which allows a maximum density of 150
dwelling units per acre.
Areas designated as "General Commercial" allow all activities included in the "Restricted
Commercial" designations, as well as wholesaling and distribution activities that generally serve
the needs of other businesses; generally, require on and off loading facilities; and benefit from
close proximity to industrial areas. These commercial activities include retailing of second hand
items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy
equipment sales and service, building material sales and storage, wholesaling, warehousing,
distribution and transport related services, light manufacturing and assembly and other activities
whose scale of operation and land use impacts are similar to those uses described above.
Multifamily residential structures of a density equal to High Density Multifamily Residential, are
allowed subject to the detailed provisions of the applicable land development regulations.
Properties designated as "General Commercial" in the Urban Central Business District allow
a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property,
D. NEIGHBORHOOD CHARACTERISTICS
ZONING
Subiect Property
T6-60A-O Urban Core Transect Zone
Surrounding Properties
NORTH: T6-60A-O Urban Core Transect Zone
Interstate 395
SOUTH: T6-60A-O Urban Core Transect Zone
FUTURE LAND USE DESIGNATION
General Commercial / UCBD Overlay
Maximum 150 ❑,U, per acre
General Commercial I UCBD Overlay
Maximum 150 D.U. per acre
General Commercial / UCBD Overlay
Maximum 150 D.U. per acre
E11 even Miami / File No, 3951
Page 3 of 9
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EAST: T6-60A-O Urban Core Transect Zone General Commercial / UCBD Overlay
Maximum 150 D.U. per acre
WEST: T6-69A-O Urban Core Transect Zone General Commercial / UCBD Overlay
Maximum 150 D.U. per acre
E. ANALYSIS
The following is a review of the requested two Exceptions, pursuant to Miami 21 Code, Article
7, Section 7.2.3(b)(1) and Article 7, Section 7.2.6 (c)(1)(b) and a Waiver pursuant to Miami 21
Code, Section 5,6.1(g).
Exception 1:
The first Exception, pursuant to Article 7, Section 7,2.3(b)(1) entitled "Alterations and
Expansion of Nonconforming Structures" of the Miami 21 Code, is to allow for alterations of less
than 50-percent of an existing nonconforming commercial Structure on a site zoned "T6-60A-0",
Criteria: Alterations which enlarge the nonconformity of a nonconforming Structure to an extent
of less than 50-percent of the total square footage of the nonconforming Structure may be
permitted by Exception from the Planning, Zoning and Appeals Board (PZAB).
Analysis: The Applicant seeks to add 3,616 square feet of enclosed Structure where the original
Structure contained 15,997 square feet, which is an enlargement of approximately 23-percent.
The proposed alteration of the existing nonconforming structure is below the 50-percent threshold
as per the Code criteria and the request will not further extend the vertical footprint of the existing
nonconforming structure.
VIEW AT S.E CORNER OF NW 1
ST at N. MIAMI AVE.
XTERIOR FACADE ALONG NE 11 TER. (EXISTING)
EXISTING TOUCHE'
TAVERN ON ROOFTOP
EXISTING ELEVEN MIAMI
CLUB AT GROUND LEVEL
EXISTING ROOF / CANOPY
TO BE REMOVED/ REPLACED
Elleven Miami / File No. 3951
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As depicted above, the Applicant proposed the enclosure of a portion of the original legal
nonconforming Structure to accommodate the alterations and expansion. See images below.
Findings: Consistent
lam
1
EXISTING STRUCTURE TO
BE REMOVED/ REPLACED
EXISTING STRUCTURE TO
REMAIN
EXISTING ROOF PLAN OF TOUCHE' TAVERN SHOWING THE PROJECTION OF THE EXISTING STRUCTURE (IN RED)
0 ❑ 1 O
o D E Q _
AN
N
EXISTING STRUCTURE
PROPOSED STRUCTU
PROPOSED FLOOR PLAN WITH PROJECTION OF THE EXISTING (RED) AND PROPOSED (BLUE) STRUCTURE
E11even Miami / File No. 3951
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IPOLVCo.€,*. me;.; • WIb K.c..
3R Scrn_w...4.
PLAN VIEW OF THE PROPOSED INSULATED ROOF METAL DECK
PROPOSED STRUCTURE / NW ELEVATION
RFtJ11 Pr1J£; 4,11MRI r r nnn eG nnmnico nc rrc 11 STREET
c
I-i u 'UStLI S 1 I UGTURE/ SOUTH ELEVATION
IMAM'.r.n, .[m
AA ...wag
ate..
mr arn+�w
VIT
PiffliniiheitAms warm
w • as rx.. bor.
El 1 even Miami 1 File No. 3951
Page 6 of 9
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Exception 2:
The second Exception is a request pursuant to Article 7, Section 7.2.6 (c) (1) (b) entitled
"Replacement and Expansion of Structures that Contain Nonconforming Use" of the Miami 21 Code,
to allow for alterations where an alteration of a Structure containing a nonconforming Use is less than
50-percent of the square footage of the Structure at the time of alteration, on a site zoned Urban Core
Transect Zone Open "T6-60A-0".
Criteria: Alterations to the extent of less than 50-percent of the square footage of a Structure
containing a nonconforming Use may be permitted by Exception from the Planning, Zoning and
Appeals Board (PZAB).
Analysis: The Applicant proposes to remove, replace and extend a legal nonconforming Structure to
accommodate a legal nonconforming Use on the rooftop venue. The existing interior building area of
the Touche Tavern is comprised of approximately 2,504 square feet. The existing interior ground floor
and mezzanine venue, operated by El 1 even Miami are approximately 13,493 square feet. The
combined interior area of the existing building is approximately 15,997 square feet.
As previously stated, the interior area of the existing building is approximately 15,997 square feet. The
Applicant proposes to expand the Nightclub Use into the rooftop area for a total of 6,634 square feet.
For that reason, the Applicant proposes for the replacement and expansion of a legal nonconforming
Structure on the rooftop venue of a total of 3,616 square feet. The extent of the alteration of a legal
nonconforming structure containing a legal nonconforming Use is for a total of 23-percent, an increase
of less than 50-percent of the total square footage of the legal nonconforming Structure, which is below
the threshold as per the above criteria.
Waiver:
As part of this application for the two Exceptions, a Waiver was submitted pursuant to Section
5.6.1(g), to reduce a front setback to match the dominant ground level setback of the block. The
required front setback of 10 feet is required on the eastern frontage facing NE Miami Court and on the
southern frontage facing NE 11 Street. The applicant proposes a zero foot setback for the new rooftop
enclosure.
Criteria: Where the Property to be developed abuts a Structure other than a Sign, a Waiver may be
granted so the proposed Structure matches the ground level dominant setback of the block and its
context.
Analysis: The Applicant proposes to enclose and extend a portion of a Structure on the rooftop of a
legal nonconforming building. Article 3, Section 3.3.5, indicates that when a property to be developed
abuts an existing Building, a Waiver may be granted, so that the proposed Building matches the ground
level dominant Setback of the Block and its Context.
As the proposed alteration on the rooftop of the existing nonconforming Structure matches the ground
level dominant Setback of the block, this Waiver request is in harmony with the neighborhood context.
Findings: Sufficient
E11 even Miami / File No. 3951
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F. NEIGHBORHOOD SERVICES
Code Compliance No Objection
Building Required
Historic Preservation No Objection
Environmental Resources No Objection
DERM Required
Urban Design No Objection
Art in Public Places No Objection
NET Office (Overtown) No Objection
G. CONCLUSION
The Planning Department finds the requested Exceptions consistent as the Applicant has
submitted all the necessary information which demonstrates compliance with the guidelines and
criteria required for this types of Exception permits, as specified in Article 7, Section 7.2.3(b) (1),
and as specified in Article 7, Section 7,2.6(c) (1) (b) of the Miami 21 Code of Ordinances.
Staff finds this types of Exception permits consistent with the Goals and Objectives of the Miami
21 Code, as the proposed roof design is compatible with the surrounding neighborhood and the
extension of the nonconforming Structure containing a nonconforming Use is less than 50-percent
of the square footage of the legal nonconforming Structure.
In addition of the requested Exceptions, staff finds the Waiver, pursuant to Section 5.6.1 (g), to
reduce a front setback to zero feet where 10 feet is required on the eastern frontage facing NE
Miami Court and on the southern frontage facing NE 11 Street enclosure to match the ground
level dominant setback of the surrounding block, consistent, and is considered an official part of
this file on record with the Planning Department.
H. RECOMMENDATION
Pursuant to Article 7, Section 7.1.2,6, Article 4, Table 3 of the Miami 21 Code, as amended on
the aforementioned findings, the Planning Department recommends approval of the two
Exceptions to allow alterations of a Structure containing a nonconforming Structure and a
nonconforming Use to an extent of less than fifty percent of square footage of the original
Structure, along with the companion Waiver, to reduce a front setback and to enclose the frontage
to match the ground level dominant setback of the surrounding block, as presented with
conditions below:
1. The site shall be developed in accordance with the plans as prepared by Telesco Associates
consisting of 25 sheets dated stamped received by the City of Miami Hearing Boards on March
22, 2C18.
2. The use is non -transferable. Changes to the current owner/operator shall require the approval
of a new Exception.
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 within 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 another type of residence.
El 1 even Miami ! File No. 3951
Page 8 of 9
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4. Any noise generated on site shall comply with Chapter 36 of the City Code noise regulation.
5. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.
6. Per City of Miami Code, no loitering or drinking outside of the establishment shall be permitted
at any time.
The Applicant or owner shall submit a landscape plan to be reviewed and approved by the
Planning Director or their designee.
8. No offslte signage shall be permitted, temporary signage shall be reviewed and approved
under Article 10, of the Miami 21 Code, as amended.
9. The Applicant shall comply with the requirements of all applicable departments and agencies
as part of the City of Miami building permit submittal process.
10. Failure to comply with the conditions herein shall result in the revocation of the Perrnit.
acqu line :Ills
Chief L d Development
El even Miami / File No. 3951
Page 9 of 9
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I.lnu.lrl 24.2013
't on) Reeks
2525 I 'once ile Leon
Suitle 700
['tsr.tt t i,tlllC . 1.1 +1 ;-)
Re; 29 NI. 1 I Street Legal i]escription: NH. INil NOR l I{ SL'Ii I'll
[olio [II-3137-(I-3!-11114 1
Dear .Ir. Recitl:
11511I I OF 1.0 I4&,\i{ 1OIS5 K
Itursi,;tnl to'iILII letter diced I)ereilkher 13. 21112 r4ttuestill'e Iilnill lel'ilic6111li1 14lr111ctlllote-111e111itslked
llrtlik.rt}. and in re,}1onse to tiaid reLIue-a. 111eck,e hL• ath isecl tsl'the littlim ii1L;
I he current toning tis';i .natit$n L'I the site i, I (i-hill-c) (Urban Core tone),
I Ili. ►1111 confirm that the sulljetl ilrt,11er1} is /Llatd '1(7-11i1 ()pelf and is loeatet] Ilitlkill tale Sot11lteil,ti1
1 }I cl'IttIV 1k I ;11I. vc,l i11' l- 111E .nl7icci I1rope1„It is current)) operated il, :Ilk -adult t'1ltertainment". 11ie,'htelLIh
tinder the II",Iile name 't;tt1t1 Rush' pursuant to t'erlilYexlle of I" a \tl, t132;-1 Ill'tiI [-,SLtcLI on .It1L'r15t 19,
?II' I3. ,\Ilhongli"adult entertainment- is nisi eurremlt perlilitted in the 1 (1-(kl} Open Ir ll14eel. it llili it
permissible L'tlndition.tl use th) special I1trnl[t a11I11'o\i11) tinder illy C-2 ltsn111L' and Section -1-I 11i)(5) tti1"
the Code prior ttl it chniwe to the lath) development reutilatiom on .April 23. 2(I01 lltlrtu.tllt to Ordinance
No. 1 1 t11 (1. The lift+fleet\ 11 as jut the L•i;laa II speLial permit N. (10-1125-1 and 01-11123 for the "adult
c[llcrl.Illlmenl Ll,c Mid Ilan tiLlllsetl[Itl}lit isstlell Itillithlly i'c1111i1 N. II!_51112(135 It) t111111ct11el11 St[t'll
1pprm al. It ised on this permitting hi,Irsr_.. and the (1a,s 1) permit tl l Niels';tl pre -dating Ordinance
No. 1 I 9I h. the -adult entertaillnletnt"' use VI tts estahliihed. It is theretisre eC'll-,iLlereLI a 1eval It
iltllielYllliir111i(1L ttw udder NIianli 21.
1'In'tivant to Stettoit 1.1,6,ii, the nolketsllltslll}111' ut,e iu.i continue for 20 )cars Instil the elleetlle date of
NILinii 21 ( hi) 2tl, ?II I{1). Upon ,Ipplie.ilion. the C'II1 C•urlllnistiielll may grant an atlthtitln.11 eKlension of
up to l\lei1[ti- ('[11 rear,„ Interior ream lions and relllolleiiltg arc permissible hy right. and the use Ina) he
extended to .iii portion t1I the huilditut manifest!) designed for such use. In this instance tits entire
I'Ltiltlllle is 'Intact) to the adult entertainment ttse. Iklealkink! all Or the Ilttor arch. incitidinu a11I11111illlittel)
.1100 square Itiel ni second floor space„ may he devoted to the adult eittertairllnelil utie Mkt' titled space
rimer he alItltateLt arlyA here within the dour exterior Il anti (11' t11e ;n'uclurc inclu lieu it retlesittnetl second
iioor or Iltstll's. I'SiCI'lill' reltovations and alteration:, to the buildin_', mill he made (u 11k l'ueIure pi•ti\ Wed
1L`sti than 5(1"u of the floor area cLltllaning the Ilssl}CnIl)ornli11�° use iti altered (herrht' pursuant to an
FA,2ept ion
f'I rt•.I\,t, I\I1 ft \1 1 tj l'IlL 1 VI s.I
14 a .rt, � 1 :.r r1-1.' Ira I ilk a tar r'I' I I S i ' I, I „ ' r f s,
t.ul. t 1 !al.'', I 11 n•„ Ir FP' 1 1 a s s r
1'•,
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
f on) ltec:in
Jant ar) 24, 2013
Rt. 29 NI: I I ill Street [c�_,11 l)eser•ipiit,rl: rtiIIANII NOR -I l I SUB 1 13 I3-41
I'tllitl r1I -11 37-0 1-{1114ti W 50 1"i' O)= 1,01 4 & -\l .1_ LOTS 5 & fi 13! K 3
Hosed I,I1 u Mailed re►IL'►t oldie sun it and tax card. the structure appears to he a Ieuall} ntlne,llilL7r111iqf
structure as hell a;; It does not meet scill:lek requirements under NI faint 71. Section 7.2.3.b or:Miami 21
pro isles pleat the tlnnctlnlilriiliil!.! condition niiv be expanded in an expansion Ihttt increases the 111it11 floor
ar•ca of the slrticltire by less Iliari 5f] nl site existing lltl,ar:rreGi ;ilia I ixeeption ,lpprL,►al, Expansions of
the building by 51) or more of the e\is1in_2 floor arc:l are permissible trill) il' the portion or the Ileu
atltiitil�ri illtll cCreeiti rlle floor area threshold L•tliifilrnts IL'ith 1llainl 21
IZe:ILlil14! the Ill,lltt,llliu°n1Ing suss ind noncontilrrninu struclure I71•t1\ isi1'lllti together ) iti lds the Ii,I1Lltl ii1U
°piltofts for renovation:
llller•iLlr l 1 l\tt1iL,ns tll'e\i,rin' s(rtielure are permitted hi ri#fht
I:wansi ns of existin12 sIructure Olaf tuts nil! enlarge the icL':ll IiitF1cL71Oriillnu use are l)erl11ille1l snhjeel i11
the 1011ii111I .:
l:\parl dulls oldie exisliJ il striiel;ire Mot tilce( iIiaini 21 ,ire llermissihfe by right,
Expansions !hill extend a tlilneiinf4,rrliin' i'ullchiiuil (c.!!. sclh,ltil�.tij Illue lie mad pro idol the t`Npoo,ion
increases itlial floor area by less shall illlu of the existing 1`lour Circa h►' 1.Iceplitin.
I.\terit,r alterations 111 the sirtteture 1L'.L. Iit4t(Lle enhancements. relocation or entrances. de.) Mai tlticet
le„ Ihiill 51)'IP s►I 111t e\liliil4' I111111-MVO nl the 111+ni;ilillllr'flllllr,! U 1 li1:t\ he 11ermilleLl b I'..\eefltioll
Pursuant RI Seti;iilYll 7.7.2.13. ti 1is1114llnlilr1111ne' structure liio► he reconstructed it the sirueILlr. Is destroyed
by natural disaster. explosion. fll•e. Flee t11' (iticl. or Ills public omit). pro\i1k .I WW'ili►4r a/Trim:11 is
1,htailleLl. S,.lit1rl 7.2.2,. requires it ll'arritrit t,1 reestablish die le�ia1 iitli1LL1I11t1Iritil1g use tiller the structure
is destll\etf by natural disaster. explosion, lire. act of God. or the public evens). pro i iLleLl the
nonconforming use is housed in a conforming. structure rof• itlu.il or Lesser sl/e lull 111t tints; lot. or 1l
ilufl rifiirn1tI1t structure rchLiilt tiller \Val\er tlllllill►ttl. Hods Ehe ll'tirilut and the \Vol►el' must he applied
for tt illuit 12 months oldie destruction e►t:nl,
S It1t C1La► .
11:1h► 1l in. l.st;.
/.tinily ;\ In1i11istraIkir
13\I:ilst
e: f111i111�' lilt:
AERIAL
PZ-19-649
EXCEPTION
N
0 125 250 500 'Feet
I t t 1 I I I I I
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ADDRESS:29 NE 11 ST
SUBJECT PROPERTY
THIS DOCUMENT IS A SUBSTITUTION TO
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MIAMI 21 (EXISTING)
PZ-19-646
EXCEPTION
NW 10TH ST
NE-13TH-ST
2
NE 1OTH ST
0 125 250 500 Feet
E 1 1 f t 1 i f
ADDRESS:29 NE 11 ST
SUBJECT PROPERTY
1CDIP MIFF
a. N,ig
.11
City of Miami
Planning Department
Land Development Section
SUBSTITUTED
ANALYSIS FOR
EXCEPTION
APPLICANT: GR OPCO, LLC.
PROJECT ADDRESS: 29 NE 11 Street
COMMISSION: District 2 (Ken Russell)
PLANNER: Luiz Vicentini, Planner I
A. GENERAL INFORMATION
REQUEST: Pursuant to Article 7, Section 7.2.6 (a) of e Miami 21 Code, GR OPCO, LLC. (the
"Applicant") seeks the approval of an Exception to e end the twenty-year Time Limitation after
the Adoption of the Miami 21 Code, to operate an xisting legal nonconforming Use ("Adult
entertainment") located at 15-29 NE 11 Street ( e "Site"), for an additional twenty years through
May 20, 2050.
FILE ID: PZ-19-649 E
FOLIO: O1-3136-0' .-0010
NET OFFICE: ■•wntown-Brickell
STR- 15-54 1
B. BACKGROUND
The subject Site is located within the ► owntown-Brickell Neighborhood Enhanced Team (NET)
area and is approximately 33,422 so re feet of land within the "T6-60A-O" Urban Core Transect
Zone. It is generally located on th northeast corner of North Miami Avenue and Northeast 11
Street
Subject Site above, outlined in red
SUBSTITUTED
The subject Site contains a legal nonconforming commercial structure (the "Structure') con ting
of approximately 15,997 square feet. The Structure was permitted in 2000 and contains . Adult
entertainment Use known as (Club El leven) on the ground floor and mezzanine, and a r staurant
known as (Touche Tavern). on the rooftop.
Prior to the adoption of the Miami 21 Code in 2010, there were different Zo
including the 11000 and 9500 Zoning Ordinances. With the adoption of the Mia
such as the Adult entertainment, were excluded from the T6-60A-O Trans
allowed existing legally established Adult entertainment Uses to continue
after its adoption. In order to operate after the initial 20 years, the Adult e
be approved for an extension of the Time Limitation by Exception by th
ng regulation
21 Code, uses
Zone. Miami 21
perations 20 years
ertainment Use must
ity Commission
The Adult entertainment Use has continued to operate from the elf- tive date of Miami 21 Code
(May 20, 2010) to present, therefore, the use expires on May 20, %30. The Applicant is applying
to extend the Time Limitation for the Adult entertainment Use f an additional 20 years or until
May 20, 2050. No expansion of the Use or modifications to Structure is proposed under this
Exception application.
Entitlement and Permit History for the Site:
On May 18, 2001, the Planning and Zoning Depa ent issued a Class 1! Special Permit #01-
0123, to allow the operation of an Adult Nightclub, ' old Rush", located within the "Entertainment
Specialty District".
In 2001, the Building Department issued Per it No. BD#01-5012635) to allow the construction of
a Structure.
On August 19, 2003, a Certificate of se (CU# 032546) was issued to allow Gold Rush Adult
Nightclub to operate within the Struc Ore.
On October 2004, the City of Mia i approved Ordinance 11916, which imposed certain limitations
for specific Uses, such as Adu entertainment. With the adoption of subject Ordinance, the Gold
Rush Adult Nightclub becama legal nonconforming Use.
Miami Dade County reco
Gold Rush Nightclub
Tavern (on the rooft
Nightclub. (on the
s show that in 2013, the Applicant acquired the property operated by
d remodeled it to accommodate two distinct establishments: Touchy~
of the structure located at 15 NE 11 Street), and El Leven Miami Adult
ound floor and mezzanine of 29 NE 11 Street).
On January 24, 013, the City of Miami's Zoning Administrator issued a Zoning Verification Letter
(ZVL). allow' for the continuance of the nonconformity Use (Adult entertainment) for twenty
years from he effective date of Miami 21 Code (May 20, 2010). In addition, the Zoning
Administror advised that the Applicant could seek an additional twenty years upon approval by
the City ommission through May 20, 2050.
On ovember 9, 2013, the City of Miami's Planning Department approved Warrant No.13-0058
w conditions to allow an Alcohol Beverage Service Establishment within the "Park West
ntertainment Specialty District" for the Property located at 29 NE 11 Street for El leven Miami
Adult Nightclub.
Club El leven ! PZ-19-649
Page 2 of 10
SUBSTITUTED
On May 27, 2017, the Office of Code Compliance issued several citations to multi
entertainment venues in the general area, including the subject Site, in violation of the n'. se
ordinance. As a result, the Applicant sought to enclose the rooftop terrace to mitigate any oise
generated from the subject site.
On August 28, 2017, the Office of Zoning determined that the Applicant's request to. 1) enclose
and enlarge the rooftop terrace was an expansion of a legal nonconforming Str ture: and 2)
extend the Adult entertainment Use to the terrace, required two separate Excepti% s pursuant to
Article 7, Section 7.2.3(b)(1), Article 7, Section 7.2.6(c)(1)(b), and a Waiver. p uant to Section
5.6.1(g), of the Miami 21 Code.
On September 5, 2017, the Applicant applied for Exceptions and a Waiv° r to the City of Miami,
Planning Department.
On May 16, 2018 the Planning Zoning Appears Board approved th= xceptions and Waiver with
conditions, pursuant to Ordinance 13114, Article 7, Section 7.2 . (b)(1) and Article 7. Section
7.2.6(c)(1)(b) of the Miami 21 Code through Resolution #18-02
A. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
In the Future Land Use Map (FLUM). the subject site designated ''General Commercial" with
an "Urban Central Business District' (UCBD) Over y, which allows a maximum density of 150
dwelling units per acre.
Areas designated as "General Commercial
Commercial" designations, as well as whole
the needs of other businesses; generally,
proximity to industrial areas. These com
automotive repair services, new and
equipment sales and service, buildi
distribution and transport related s
whose scale of operation and La
allow all activities included in the 'Restricted
ling and distribution activities that generally serve
quire on and off-loading facilities; and benefit from
ercial activities include retailing of second hand items,
sed vehicle sales, parking lots and garages, heavy
material sales and storage, wholesaling, warehousing,
vices, light manufacturing and assembly and other activities
Use impacts are similar to Uses described above.
Multifamily residential struct -s of a density equal to High Density Multifamily Residential, are
allowed subject to the d- .lied provisions of the applicable land development regulations.
Properties designated as General Commercial' in the Urban Central Business District (UCBD)
are allowed a maximu r' floor lot ratio (FLR) of 37.0 times the net lot area of the subject property.
Staff has found tha he existing Adult entertainment Use is compatible with the mix of uses and
development in t neighborhood. By allowing the extension of the Time Limitation for the legal
nonconforming .se, the use maintains its operations and enhances the variety of entertainment
venues avails• e in the area.
In additio pursuant to the Miami Comprehensive Neighborhood Plan (MCNP), Policy L.U-1.3.15,
the "Cit ill continue to encourage a development pattern that enhances existing neighborhoods,
by de -loping a balanced mix of Uses including areas for employment, shopping, housing, and
recr-.tion in close proximity to each other'.
rtherrnore, the Urban Central Business District (UCBD) identifies that this area."... shall contain
high intensity, high density multi -use development to include: retail; professional and
Club El leven 1 PZ-19-649
Page 3 of 10
SUBSTITUTED
governmental office uses; cultural, recreational and entertainment facilities; high den y
residential; hotels and motels; and appropriate industrial activities." This continued operati► of
this Adult entertainment Use on the Site is consistent with the Miami Compre nsive
Neighborhood Plan.
B. NEIGHBORHOOD CHARACTERISTICS
ZONING
Subiect Property
T6-60A-O Urban Core Transect Zone
Surrounding Properties
NORTH: T6-60A-C (Urban Core Transect Zone) Genera! Co / UCBD Overlay
Maximum .0 D.U. per acre
FUTURE LAND USE DE NATION
Genera! Commerc / UCBD Overlay
Maximum 150 D. 4 , per acre
SOUTH: T6-60A-O (Urban Core Transect Zone) Gener. Commercial l UCBD Overlay
Maxi - um 150 D.U. per acre
EAST: T6-60A-O (Urban Core Transect Zone) G• nera! Commercial / UCBD Overlay
aximum 150 ❑.U, per acre
WEST: T6-60A-O (Urban Core Transect Zone) General Commercial / UCBD Overlay
Maximum 150 D.U. per acre
C. ANALYSIS
The Applicant requests an Exception • extend the twenty-year Time Limitation to operate an
existing legal nonconforming Use ("> dult entertainment') through and including May 20, 2050
Without the extension of the Time mitation, the Adult entertainment Use must cease to operate
on May 20. 2030. The Backgro.nd and Miami Neighborhood Comprehensive Plan sections of
this report are hereby incorpored into the analysis and its corresponding criteria by reference.
Criteria: Pursuant ,, Miami 21 Code. Article 7, Section 7.2.6(a) Time Limitation; "Where,
at the e -ctive date of adoption or amendment of this Code, a lawful Use exists
which ould not be permitted under this Code, the Use may be continued for
twei (20) years from the date the Use first became legal nonconforming and
co- sistent with the regulations of this section. The Use shall not be allowed to
►•ntinue automatically upon expiration of the twenty (20) years. Upon application,
the City Commission may grant by Exception an extension for continuance of the
Use for an additional term of up to twenty (20) years.
Analy- s 1: The subject Site contains a legal nonconforming Use, Club Ell even, an Adult
entertainment Use on the ground floor and mezzanine, and Touche Tavern, a
restaurant, located on the rooftop of the Structure. The Use is located within the
T6-60A-O'' Urban Core Transect Zone; which allows high density and intensity
development.
Club El leven ! PZ-19-649
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Finding 1:
Criteria 2:
Analysis 2:
Before the Miami 21 Code, there were different Zoning Ordinances including t
11000 and 9500 Zoning Ordinances. With the adoption of the Miami 21 C.ie,
uses such as the Adult entertainment; are not permitted in the T6-60-A-O Tr sect
Zone. Miami 21 allowed existing legally established Adult entertainment ses to
continue operations 20 years after the adoption of Miami 21. in order , operate
after the initial 20 years, the Adult entertainment Use must be re ewed and
approved via an Exception by the City Commission.
On January 24, 2013, the Zoning Administrator issued a Zoning erification Letter
(Attachment C) to the Applicant verifying the status of e venue's Adult
entertainment Use. The Zoning Administrator advised th-. the existing legally
nonconforming Use would expire on May 20, 2030, twenty ears after the effective
date of Miami 21 Code, pursuant to Section 7.2.6 (a In addition, the Zoning
Administrator advised that the Applicant could seek . n additional twenty years
upon approval by the City Commission through May 0, 2050.
The Adult entertainment Use has operated on rite since May 18, 2001 without
interruption. The Applicant has obtained and , , intained all the necessary permits
and licenses to continue operating the leg- nonconforming Use, as indicated in
Attachment B (Approved Exception Analy s File ID#3951).
The Applicant's intent is to continue operate the existing Adult entertainment
Use beyond the current expiration ate of May 20, 2030. with a new expiration
date of May 20. 2050.
There have no calls for servic .r public complaint against the Adult entertainment
establishment since early I year. In addition, there has been no comments or
concerns from Code Enfo ement or Downtown NET Office. Records provided by
the Applicant and confir - ed by Code Enforcement shows that the Property has no
open Violations.
Materials provide • •y the Applicant show that there is no increase of the square
footage for the e, as such additional parking is not required.
Consistent
Miami 1 Code, Article 4, Table 12, Design Review Criteria
A de 4, Table 12, Design Review Criteria includes review of: Building
isposition, Building Configuration, Building Function & Density, Parking
Standard, Landscape Standard, Sign Standard, and Ambient Standards, For the
Exception to extend the Time Limitation to operate an existing legal nonconforming
Adult entertainment Use, the applicability of the Design Review Criteria from Article
4, Table 12, is limited as there are no changes proposed to the operation of the
Adult Entertainment Use, the Structure, or the site. The applicant is not proposing
any changes related to Parking; Landscaping, or Signs.
The Criteria of Ambient Standards has been applied to the request, staff reviewed
how the Adult entertainment Use interacts with the neighborhood it is located in.
Club E11even 1 PZ-19-649
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The Adult entertainment Use, has not received any calls for service from the Poli
Department or complaints since April 17, 2018. The complaint was related to n• se.
In addition, the Code Enforcement and Downtown NET Office has not e ressed
any concerns with the operation of this Use being extended for another 0 years,
or until May 2050.
Finding 2: Consistent
Criteria 3: Miami 21 Code, Article 6, Table 13, Supplemental Regulati
Analysis
]F FftA1J P-S
F!"!r.rN
T S
3: Article 6, Table 13 Supplemental Regulations includes
the establishment of new Adult Entertainment Establi
Transect Zone. One of the Criteria to establish that,
feet shall be required from any public park
Residential Use; including such public park or s
or properties zoned residential by the external
staff reviewed a 1,000-foot radius from the
to determine the distance between the e
public park, public school, or property
public park or public -school prope
residential by the external jurisdicti
ETH S
NW yT
Aerial view displaying 1,000-foot radius buffer from 15-29 NE 11 Stree
NF,7TH
e regulations applied to
ments in the "D2" Industrial
. minimum distance of 1,000
chool, or property zoned for
ool properties outside City limits
risdiction." Although not required,
bject site using the City"s GIS system
ting Adult Entertainment Use from any
ned for Residential Use; including such
s outside City limits or properties zoned
Club El leven / PZ-19-649
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Based upon the City's GIS system there are no public parks, public schools
properties zoned for Residential Use; including such public parks or sc►.ol
properties outside City limits or properties zoned residential by the e rnal
jurisdiction.
Finding 3: Not required but Consistent
D. NEIGHBORHOOD SERVICES
Office Code Compliance No Com- ent
Police No C. ment
Downtown Neighborhood Enhancement Team (NET) Office No fomment
Urban Design N. omment
Art in Public Places ! o Comment
Transportation No Comment
E. CONCLUSION
The Planning Department finds the request consisten
necessary information which demonstrates carnelian
for an Exception to extend the Time Limitation to
("Adult entertainment") located at 15-29 N.E 11
(b)4 of the Miami 21 Code.
as the Applicant has submitted all the
with the guidelines and criteria required
erate an existing legal nonconforming Use
eet, as specified in Article 7, Section 7.1.2.6
In addition, staff finds the request to allow - e Extension of Time Limitation for the existing legal
nonconforming Adult entertainment Use, rough and including May 20, 2050, consistent with the
Goals and Objectives of the Miami Neig' .orhood Comprehensive Plan (MCNP). By allowing the
Time Extension of this use, it conti 'es to encourage a development pattern that enhances
existing neighborhoods, and promo g a mix of Uses in an area that is marked for high intensity,
high density multi -use developm- t. Furthermore, the proposed Time Extension will continue to
enhance the variety of entertai ent venues within the surrounding area which is anticipated by
Miami 21 Code development .sated within the T6-60A-0" Urban Core Transect Zone.
F. RECOMMENDATION
Pursuant to Article 7 ection 7.2.6 (a), as amended on the aforementioned findings, the Planning
Department reco ends approval to allow the extension of the Time Limitation to operate a legal
nonconforming ' dult entertainment Use, through and including May 20, 2050, subject to the
following cond' ons_
1. The us shall operate in substantial conformance with the plans as approved by the Planning
Zan i,. Appeals Board pursuant to Resolution ##18-023 on May 16, 2018.
2. other Uses, height and area regulations of the Municipal Code and all other applicable
overnmentlregulatory agencies shall be strictly complied with in the development and use of
the property, except as such regulations are herein specifically varied or required.
The Adult entertainment 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 irnpose
Club El leven / PZ-19-649
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SUBSTITUTED
additional corrective Conditions, if, in the Director's opinion, such Conditions are prove
necessary for the protection of persons in the neighborhood or occupants of adjacent prope
4. All graffiti on the site shall be removed or painted over to match the color of the surf ce to
which it is applied within 24-hours of its occurrence.
5. Free water shall be provided to patrons of the Adult entertainment Use upo customer's
request.
6. A copy of this Exception including all Conditions, and/or any subseq nt appeal of this
Exception and its resultant Conditions and/or letters of clarification sh i be printed on the
building plans submitted to the Planning Department and the B ding Department for
purposes of having a permit issued at any time during the term oft Exception. In addition,
a copy of this Exception including all conditions shall be post:. on site and visible and
accessible to all employees.
7. Applicant shall install and maintain security cameras that overs all common areas of the
business„ high -risk areas, entrances and exits, and proof security camera installation shall
be provided to the Planning Director or their DesigneThe video records shall be made
available to law enforcement upon request.
The Applicant shall be responsible for monitoring +oth patron and employee conduct on the
premises and within the parking areas unde he control of the establishment to assure
behavior that does not adversely affect or detr.ct from the quality of life for adjoining residents,
property owners, and businesses.
9. The Applicant shall be responsible for aintaining free of debris or litter the area adjacent to
the premises over which they have cg trol, including the sidewalk in front of the establishment.
10. An electronic age verification dev' e shall be retained on the premises available for use during
operational hours. This device : all be maintained in operational condition and all employees
manning the entrance for pa ons to the establishment shall be instructed in its use.
11. During the hours of op
activities within the fa
public. The on -duty
ensure complianc
conditions impo
discourage ilf
which the b
with such
theft, va
tion, a minimum of one on -duty manager with authority aver the
ity must always be on the premises when the facility is open to the
anager's responsibilities shall include the monitoring of the premises to
with all applicable State laws, Municipal Code requirements and the
ed herein. Every effort shall be undertaken in managing the facility to
al and criminal activity on the subject premises and any exterior area over
ding owner exercises control, in effort to ensure that no activities associated
roblems as narcotics sales, use or possession, gambling, prostitution, loitering,
dalism or truancy occur.
12. It s I be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments or
a E other musical devices on or about the premises betweenthe hours of 11:00 p.m. and
: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.
Club El 1even ! PZ-19-649
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SUBSTITUTED
13. Prior to the effectuation of this Exception, a covenant acknowledging and agreeing to c+ ply
with all the terms and conditions established herein shall be recorded in the Mia -Dade
County Clerk of Courts. The agreement (standard master covenant and agreernentf► m) shall
run with the land and shall be binding on any subsequent owners, heirs or aigns. The
agreement with the conditions attached must be submitted to the Department of 'Tanning and
the Office of the City Attorney for approval before being recorded. After record on, a certified
copy bearing the Recorder's number and date shall be provided for inclusio n case file. Fees
required per City Code for Monitoring of Exception and Inspection an+ ield Compliance
Review of Operations shall be paid to the City prior to the final clearanc of this condition.
14. Failure to comply with the conditions herein shall result in the revocion of the Perrnit.
15. INDEMNIFICATION AND REIMBURSEMENT OF LITIGATION OSTS.
Applicant shall do all the following:
a.
Defend, indemnify and hold harmless the City from any
to or arising out of, in whole or in part, the City's pros
including but not limited to, an action to attack, chat/
or annul the approval of the entitlement, the envi
approval of subsequent permit decisions, or t
from inverse condemnation or any other cons
b. Reimburse the City for all costs incurred
whole or in part, the City's processing an
to payment of all court costs and atto
the City (including an award of attar
c. Submit an initial deposit for the
City tendering defense to the
in an amount set by the City
scope of action, but in no
City's failure to notice or
to reimburse the City
d all actions against the City relating
sing and approval of this entitlement,
ge, set aside, void, or otherwise modify
nmental review of the entitlement, or the
claim personal property damage, including
utional claim.
defense of an action related to or arising out of, in
approval of the entitlement, including but not limited
ey's fees, costs of any judgments or awards against
y's fees), damages, and/or settlement costs.
ity's litigation costs to the City within 10 days' notice of the
ppiicant and requesting a deposit. The initial deposit shall be
ttorney's Office, in its sole discretion, based on the nature and
ent, shall the initial deposit be less than $15,000.00 dollars. The
ollect the deposit does not relieve the Applicant from responsibility
rsuant to the requirement in paragraph (ii).
d. Submit supplemer al deposits upon notice by the City. Supplemental deposits may be
required in an i reased amount from the initial deposit if found necessary by the City to
protect the Cit s interests, The City's failure to notice or collect the deposit does not relieve
the Applica from responsibility to reimburse the City pursuant to the requirement in
paragraph i).
e. If the
rei m
co
ty determines it necessary to protect the City's interest, execute an indemnity and
rsement agreement with the City under terms consistent with the requirements of this
ion.
Th City shall notify the applicant within a reasonable time of its receipt of any action and the City
all cooperate in the defense. If the City fails to notify the applicant of any claim, action, or
roceeding in a reasonable time, or if the City fails to reasonably cooperate in the defense, the
applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City.
Club El leven / PZ-19-649
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SUBSTITUTED
The City shall have the sole right to choose its counsel, including the City Attorneys office o
outside counsel. At its sole discretion, the City may participate at its own expense in the defer
of any action, but such participation shall not relieve the applicant of any obligation impose by
this condition. in the event the Applicant fails to comply with this condition, in whole or in p. , the
City may withdraw its defense of the action, void its approval of the entitlement, or take . y other
action. The City retains the right to make all decisions with respect to its representati sin any
legal proceeding, including its inherent right to abandon or settle litigation.
For purposes of this condition #17, the following definitions apply:
"City" shall be defined to include the City, its agents, officers, boards, comm .signs, committees,
employees, and volunteers.
"Action" shall be defined to include suits, proceedings (including thos eld under alternative
dispute resolution procedures), claims, or lawsuits. Actions include . tions, as defined herein,
alleging failure to comply with any federal, state or local law.
Nothing in the definitions included in this paragraph are intend to limit the rights of the City or
the obligations of the Applicant otherwise created by this co ' dition.
-_�--Jacq%eii e
Chi4f of an"+ evelopment
Attachments:
A: Legal description
B: Approved Exception A►.iysis File ID#3951
C: Zoning Verification L ter
Club E1leven 1 PZ-19-649
Page 10 of 10
SUBSTITUTED
ATTACHMENT A
LEGAL DESCRIPTION
PARCEL 1:
The West 50 feet of Lot 4 and all of Lots 5 and 6, Block 3, of North City . f Miami,
according to the Map or Plat thereof, as recorded in Plat Book "B" at Pa 41, of the
Public Records of Miami -Dade County, Florida.
PARCEL 2:
Portion of Lot 9, Block 16, BALDWIN AND OXAR'S AMEND (a replat of Block
16, Alice Baldwin, Jenny M. Oxar & Charles E. Oxar, Plat Bo • A, Page 57), according
to the Plat thereof, as recorded in Plat Book B, page 87, of t Public Records of Miami -
Dade County, Florida, more particularly described as foil❑
Begin at the Southwest comer of said Lot 9, t -nce North 87°48'29" East 80.97
feet along the South line of said Lot 9 to a po t on a curve concave Northeasterly
having a radius of 1070.68 feet thence fr+. a tangent bearing North 72°11'22"
West run Northwesterly 87,62 feet alonsaid curve through a central angle of
4°41'21" to the West line of said Lot, thence South 2°16'52" East 31.31 feet
along the West line of said Lot 9 to t r - Point of Beginning.
PARCEL 3:
Lots 5, 6, 7 and 8, of Block 16 :ALDWIN AND OXAR'S AMENDED (a replat of
Block 16, Alice Baldwin, Je M. Oxar & Charles E. Oxar, Plat Book A, Page 57),
according to the Plat thereof =s recorded in Plat Book B, page 87, of the Public Records
of Miami -Dade County, Fl ► ida;
Less: That part of L. 5 and 8, Block 16, BALDWIN AND OXAR'S AMENDED (a
replat of Block 16, ice Baldwin, Jenny M. Oxar & Charles E. Oxar, Plat Book A, Page
57), according to e Plat thereof, as recorded in Plat Book B, page 87, of the Public
Records of Mi. -Dade County, Florida, described as follows:
Beg on the East line of said Lot 5 at a point 14.26 feet North 02°12'O1" West
frr the Southeast corner of said Lot 5; thence North 02°20'01" West 5.90 feet
ong the East line of said Lot 5; thence North 02°20'56" West 29.83 feet to the
Northeast corner of said Lot 5; thence Westerly 119.26 feet along the Northerly
line of said Lots 5 and 8 to a point on a curve concave Northeasterly having a
radius of 1070.68 feet; thence from a tangent bearing of South 72°l 1'22" East run
Southeasterly 124.66 feet along said curve through a central angle of 06°40'15" to
the Point of Beginning.
IS.+ I -
4I. ;. / .a.. w 4 Ark,.
p k --
City of Miami
Planning Department
Land Development Section
SUBSTITUTED
ANALYSIS FOR
EXCEPTION
APPLICANT: GR OPCO, LLC
PROJECT ADDRESS: 15 and 29 NE 11 Street
COMMISSION: District 2 (Ken Russell)
PLANNER: Luiz Vicentini, Planner
A. GENERAL INFORMATION
FILE ID: 3951
FOLIO: 01-3137-031-
NET OFFICE: Ov_ own
40
REQUEST: As listed in ordinance No.13114, as amen • d, the Miami 21 Code, the Applicant (GR
OPCO, LLC) requests the following:
I) An Exception, pursuant to Article 7, Se ion 7.2.3 (b)(1) to allow for alterations of
approximately 23 percent of a Structure ere the Code states alterations of a Structure
containing a nonconforming Structure to =n extent of less than 50 percent of square footage
of the original Structure may be permit d; and
2) An Exception, pursuant to Articl: 7, Section 7.2.6 (c)(1)(b) to allow for the alteration of
approximately 23 percent of a ucture containing a nonconforming Use where the Code
states alterations of a Structur• containing a nonconforming Use is less than 50 percent of
the square footage of the Structure at the time of the alteration may be permitted on a parcel
zoned Urban Core Transe• Zone Open "T6-60A-O".
3) As part of this Exceptiapplication, the Applicant has requested the approval of a Waiver,
pursuant to Section .6.1(g), to reduce a front setback to zero feet where 10 feet is required
on the eastern froage facing NE Miami Court and on the southern frontage facing NE 11
Street enclosure o match the ground level dominant setback of the surrounding block.
The subject non- onforming commercial Structure is located within the Overtown NET area. The
subject site is .pproximately 33,422 square feet and is generally located on the northeast corner
of North Mi_ - i Avenue and Northeast 11 Street. The complete legal description is on file with the
Hearing Bards Section.
B. BAC ROUND
T - subject site contains an existing legal non -conforming commercial Structure comprised of
proximately 15,997 square feet originally permitted in 2000. Today, the Structure houses Club
El1even, an adult entertainment establishment at the ground floor and mezzanine. Touche
Tavern is located on the rooftop of the Structure.
E1 lever Miami/ Fife No. 3951
Page 1 of 9
SUBSTITUTED
On May 18, 2001, the Planning and Zoning Department issued a Class II Special Permit • % 1
0123, to allow the operation of an Adult Nightclub named Gold Rush located withithe
"Entertainment Specialty District".
In 2001, the Building Department issued a Building Permit (BD#01-5012635)
construction of a Structure followed by a Certificate of Use (CU# 032546) issued
2003, to allow Gold Rush Adult Nightclub to operate within the Structure.
On October 2004, the City of Miami approved Ordinance 11916, which impos
for specific uses, such as Adult Entertainment. With the adoption of subjec
Rush Adult Nightclub became a non -conforming Use.
t
allow the
August 19,
certain limitations
rdinance, the Gold
Miami Dade County records show that, in 2013, the Applicant acquir: • the property operated by
Gold Rush Nightclub and remodeled to accommodate two distinct e ablishments: Touche Tavern
(on the rooftop of the structure located at 15 NE 11 Street), and • leven Miami Adult Nightclub,
(in the ground floor and mezzanine of 29 NE 11 Street).
On November 9, 2013, a Warrant (W#13-0058) to allow Al••hol beverage service establishment
in "Park West Entertainment Specialty District" was appro ed with conditions by the Planning and
Zoning Department for the Property located at 29 NE 1 Street. The Warrant includes several
Findings relevant for the subject application, such as e following:
Fining #1- "Applicant is proposing to renovat, he space for the existing adult entertainment
night club and to add a new se .nd floor to house a separate, independent non -
adult entertainment nightclub .ith food service and outdoor dining area."
Finding #4-"The new use will be a enty-four hour rooftop ultra -lounge with an upscale
restaurant and outdoor ating area with independent access separate from the
adult entertainment u The building elevator will provide access to the new use
and to a new encled vestibule on the existing mezzanine level for disable
patrons."
In addition, the W#13-0058 i - uded specific conditions for the operation of the Alcohol Beverage
Service Establishment of t property.
The restaurant and A' It Nightclub obtained the following Licenses pursuant to "Previous
Business Usage Rep
For Touche T. ern (Restaurant), on the rooftop of 15 NE 11 Street:
• CU # 11-002523 for Commercial Food Service Establishment (CU24), issued on
Oct•.er 21, 2013.
• R: ail Beverage License 4COP # BEV2301285, issued on 10/21/2013.
• ermanent Food Service License # SEA2334139, issued on 02/05/2014.
or El leven Miami (Adult Nightclub) on the ground floor and mezzanine of 29 NE 11 Street:
• CU # 1402-000258 for Adult Nightclub, Entertainment (CU22), issued on February 4,
2014.
• Retail Beverage License 4COP # BEV2301275, issued on 02/05/2014.
Ell even Miami / File No. 3951
Page 2 of 9
SUBSTITUTED
On May 27, 2017, the Office of Code Compliance issued several citations to multiple
entertainment venues in the general area, including the subject property, in violation of the not
ordinance. As a result, the Applicant sought to enclose the rooftop terrace as a way to miti+.te
any noise generated from the subject site.
On August 28, 2017 the Office of Zoning determined that the Applicant's request to enose and
expand the rooftop terrace to expand the adult entertainment Use required Exceptio' pursuant
to Article 7, Section 7.2.3(b)(1), Article 7, Section 7.2.6(c)(1)(b), and a Waiver, ours nt to Section
5.6.1(g), of the Miami 21 Code.
On September 5, 2017, the Applicant submitted an application for an Exc
companion Waiver to the City of Miami, Planning Department.
C. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
In the Future Land Use Map (PLUM), the subject site is designate. General Commercial" with
an "Urban Central Business District" (UCBD) Overlay, which al .ws a maximum density of 150
dwelling units per acre.
tion along with a
Areas designated as "General Commercial" allow all tivities included in the "Restricted
Commercial" designations, as well as wholesaling and d - ribution activities that generally serve
the needs of other businesses; generally, require on d off loading facilities; and benefit from
close proximity to industrial areas. These commerciactivities include retailing of second hand
items, automotive repair services, new and used v- icle sales, parking lots and garages, heavy
equipment sales and service, building material .ales and storage, wholesaling, warehousing,
distribution and transport related services, ligh anufacturing and assembly and other activities
whose scale of operation and land use impa are similar to those uses described above.
Multifamily residential structures of a de ity equal to High Density Multifamily Residential, are
allowed subject to the detailed provi . ons of the applicable land development regulations.
Properties designated as "General C • mmercial" in the Urban Central Business District allow
a maximum floor lot ratio (FLR) of .0 times the net lot area of the subject property.
D. NEIGHBORHOOD CHARACT . - ISTICS
ZONING FUTURE LAND USE DESIGNATION
Subject Property
T6-60A-O Urban C. e Transect Zone General Commercial / UCBD Overlay
Maximum 150 D.U. per acre
Surroundin
erties
NORTH: T-60A-O Urban Core Transect Zone General Commercial / UCBD Overlay
nterstate 395 Maximum 150 D.U. per acre
SOU ' T6-60A-0 Urban Core Transect Zone General Commercial / UCBD Overlay
Maximum 150 D.U. per acre
Elleven Miami / File No. 3951
Page 3 of 9
SUBSTITUTED
EAST: T6-60A-O Urban Core Transect Zone General Commercial / UCBD Overlay
Maximum 150 D,U. per acre
WEST: T6-60A-O Urban Core Transect Zone General Commercial / UCBD Overl
Maximum 150 D.U. per acre
E. ANALYSIS
The following is a review of the requested two Exceptions, pursuant to Mia
7, Section 7.2.3(b)(1) and Article 7, Section 7.2.6 (c)(1)(b) and a Waiver
Code, Section 5.6.1(g).
Exception 1:
The first Exception, pursuant to Article 7, Section 7.2.3(b) entitled "Alterations and
Expansion of Nonconforming Structures" of the Miami 21 Code, i . to allow for alterations of less
than 50-percent of an existing nonconforming commercial Stru re on a site zoned "T6-60A-O".
Criteria: Alterations which enlarge the nonconformity of a nconforming Structure to an extent
of less than 50-percent of the total square footage of e nonconforming Structure may be
permitted by Exception from the Planning, Zoning and A .peals Board (PZAB).
Analysis: The Applicant seeks to add 3,616 squar- eet of enclosed Structure where the original
Structure contained 15,997 square feet, which is -n enlargement of approximately 23-percent.
The proposed alteration of the existing nonconfo ing structure is below the 50-percent threshold
as per the Code criteria and the request will n. further extend the vertical footprint of the existing
nonconforming structure.
21 Code, Article
rsuant to Miami 21
VIEW AT S.E CORNER OF NW 11 .T at N. MIAMI AVE,
_r i Ili ;;1.1k.4} . _
EXT ' JOR FACADE ALONG NE 11 TER. (EXISTING)
EXISTING TOUCHE'
TAVERN ON ROOFTOP
EXISTING ELEVEN MIAMI
CLUB AT GROUND LEVEL
EXISTING ROOF / CANOPY
TO BE REMOVED/ REPLACED
El lleven Miami / File No. 3951
Page 4 of 9
SUBSTITUTED
E 2 -� C ill .
- _ III
�I,---
As depicted above, the Applicant proposed the enclosure of a portion of the original
nonconforming Structure to accommodate the alterations and expansion. See images below.
Findings: Consistent
STING
STRUCTURE TO
REMOVED/ REPLACED
EXISTING ROOF PLAN OF TOUCHE' TAVERN SHOWING THE PROJEC ON OF THE EXISTING STRUCTURE (IN RED)
MONVER
IRIIME
-AMEN-Mge
rn n r n ‘-) n
PROPOSED STRUCTURE
I
PROPOSE ' FLOOR PLAN WITH PROJECTION OF THE EXISTING (RED) AND PROPOSED (BLUE) STRUCTURE
Elleven Miami / File No. 3951
Page 5 of 9
SUBSTITUTED
MP AA. wrni Ateuveu
,11N
PLAN VIEW OF THE PROPOSED INSULATED ROOF METAL DECK
mmi
NM + I�IIIV� E
F11;\1Gu
PROPOSED STRUCTURE / NW ELEVATI* RENDERING VIEW FROM SE CORNER OF NE 11 STREET
/4/eG /+F7"J lrarrt F lam/
/A/// P/�rrl�Ie /r/�r .frerll! /r/
OPOSED STRUCTURE/ SOUTH ELEVATION
,MteAIM MTA nnexR ...
91c •e 1 qw bs1
MtLnT4fttr bba,Ii//.u5WX FRANC SiIEte.c .
6. DETAIL AeDy
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El I even Miami / Pile No. 3951
Page 6 of 9
SUBSTITUTED
Exception 2:
The second Exception is a request pursuant to Article 7, Section 7.2.6 (c) (1) (b) en ed
"Replacement and Expansion of Structures that Contain Nonconforming Use" of the Miami 21 ' ode,
to allow for alterations where an alteration of a Structure containing a nonconforming Use is I- s than
50-percent of the square footage of the Structure at the time of alteration, on a site zoned U •an Core
Transect Zone Open "T6-60A-O".
Criteria: Alterations to the extent of less than 50-percent of the square footage of a Structure
containing a nonconforming Use may be permitted by Exception from the Pia ing, Zoning and
Appeals Board (PZAB).
Analysis: The Applicant proposes to remove, replace and extend a legal no onforming Structure to
accommodate a legal nonconforming Use on the rooftop venue. The existi . interior building area of
the Touche Tavern is comprised of approximately 2,504 square feet. The - fisting interior ground floor
and mezzanine venue, operated by El1even Miami are approximat- y 13,493 square feet. The
combined interior area of the existing building is approximately 15,99 square feet.
As previously stated, the interior area of the existing building is ap
Applicant proposes to expand the Nightclub Use into the roofto
oximately 15,997 square feet. The
rea for a total of 6,634 square feet.
For that reason, the Applicant proposes for the replacemen _ nd expansion of a legal nonconforming
Structure on the rooftop venue of a total of 3,616 square et. The extent of the alteration of a legal
nonconforming structure containing a legal nonconformi • Use is for a total of 23-percent, an increase
of less than 50-percent of the total square footage of th= egal nonconforming Structure, which is below
the threshold as per the above criteria.
Waiver:
As part of this application for the two Exce• ons, a Waiver was submitted pursuant to Section
5.6.1(g), to reduce a front setback to mate the dominant ground level setback of the block. The
required front setback of 10 feet is require. en the eastern frontage facing NE Miami Court and on the
southern frontage facing NE 11 Street. T► - applicant proposes a zero foot setback for the new rooftop
enclosure.
Criteria: Where the Property to be .eveloped abuts a Structure other than a Sign, a Waiver may be
granted so the proposed Struct - matches the ground level dominant setback of the block and its
context.
Analysis: The Applicant pr'. poses to enclose and extend a portion of a Structure on the rooftop of a
legal nonconforming buil. g. Article 3, Section 3.3.5, indicates that when a property to be developed
abuts an existing Buildi •, a Waiver may be granted, so that the proposed Building matches the ground
level dominant Setba► of the Block and its Context.
As the proposed eration on the rooftop of the existing nonconforming Structure matches the ground
level dominant tback of the block, this Waiver request is in harmony with the neighborhood context.
Findings: Suf ' ient
Ell even Miami f File No. 3951
Page 7 of 9
SUBSTITUTED
F. NEIGHBORHOOD SERVICES
Code Compliance No Objection
Building Required
Historic Preservation No Objection
Environmental Resources No Objection
DERM Required
Urban Design No Objection
Art in Public Places No Objection
NET Office (Overtown) No Objection
G. CONCLUSION
The Planning Department finds the requested Exceptions consister as the Applicant has
submitted all the necessary information which demonstrates compliae with the guidelines and
criteria required for this types of Exception permits, as specified in rticle 7, Section 7.2.3(b) (1),
and as specified in Article 7, Section 7.2.6(c) (1) (b) of the Miami 1 Code of Ordinances.
Staff finds this types of Exception permits consistent with the oals and Objectives of the Miami
21 Code, as the proposed roof design is compatible with t - surrounding neighborhood and the
extension of the nonconforming Structure containing a no onforming Use is less than 50-percent
of the square footage of the legal nonconforming Struc . re.
In addition of the requested Exceptions, staff finds e Waiver, pursuant to Section 5.6.1 (g), to
reduce a front setback to zero feet where 10 fee is required on the eastern frontage facing NE
Miami Court and on the southern frontage fac g NE 11 Street enclosure to match the ground
level dominant setback of the surrounding blk, consistent, and is considered an official part of
this file on record with the Planning Depart ent.
H. RECOMMENDATION
Pursuant to Article 7, Section 7.1. ., Article 4, Table 3 of the Miami 21 Code, as amended on
the aforementioned findings, t Planning Department recommends approval of the two
Exceptions to allow alteration- of a Structure containing a nonconforming Structure and a
nonconforming Use to an e ent of less than fifty percent of square footage of the original
Structure, along with the co panion Waiver, to reduce a front setback and to enclose the frontage
to match the ground le -I dominant setback of the surrounding block, as presented with
conditions below:
1. The site shall b= developed in accordance with the plans as prepared by Telesco Associates
consisting of . sheets dated stamped received by the City of Miami Hearing Boards on March
22, 2018.
2. The us- s non -transferable. Changes to the current owner/operator shall require the approval
of a n Exception.
3. It all be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments or
y 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 within 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 another type of residence.
El seven Miami 1 File No. 3951
Page 8 of 9
SUBSTITUTED
4. Any noise generated on site shall comply with Chapter 36 of the City Code noise regula
5. Any concerns or complaints related to noise nuisance will be addressed and -solved
immediately.
6. Per City of Miami Code, no loitering or drinking outside of the establishment sh- be permitted
at any time.
7. The Applicant or owner shall submit a landscape plan to be reviewed - d approved by the
Planning Director or their designee.
8. No offsite signage shall be permitted, temporary signage shall b= reviewed and approved
under Article 10, of the Miami 21 Code, as amended.
9. The Applicant shall comply with the requirements of all applic . •le departments and agencies
as part of the City of Miami building permit submittal proce
10. Failure to comply with the conditions herein shall result the revocation of the Permit.
acquHis
Chief . L- d Development
E11 even Miami / File No. 3951
Page 9 of 9
Januar) 24. 21)13
Tony Recio
1515 Ponce de Leon
Suite 7(10
(•ora! (tables. I:1 33134
Re: 2) \I:. 1 1' Street
Folio 01-3137-)31-004))
Dear NIr. Recio:
SUBSTITUTED
ttu f Alia
I.c,af Description: Nll.\\1 OR I I I SUI3 I'I3 13-4!
I.1 0I: 1.O 14 . I LOTS 5 & 6 131 K 3
Pursuant to your letter dated I)eeelllber 13. 21)12 requeslin, zoning. \erifeatlon for the a)o\e-nentioncd
property. and in response to said request, please be ad\lie of the lotto\\ Itlg:
1 he current 70nint_' designation oldie site is 1 6-6))a-(
Urban (ore /oile).
I hts \\ ill confirm that the subject property is 7 lied •I.6-60 Open and is located within the Southeast
( )\(..!rto\\ it Pal-kw-est area. I he subject property currently operated as all "adult entertainment- nightclub
Under the trade Valle 'Gold Rush' pursuant ( ('ertllleate of I :Se \o. 032546 first Issued on August 19.
2003. .\Ithou h 'adult entertainment" is of currently permitted in the 16-60 ( )pen tranicct. it was a
permissible conditional use (h) special relit appro\al) under the C•-2 toning and Section 4-111i)(5) oI'
the Code prior to a change to the land cyclopment regulations on .\pril 23. 2(11)1 pursuant to Ordinance
\o. 11\)16. The property \\as issue\ le Class II special permit Nos. 1)0-1)254 and 01-1)123 for the -adult
entertainment- LISe and \\as subs !(lent!) issued 43uildin Permit No. (11-501 26 5 to implement such
appro\al. Based on this pernlitti _ history-. and the Class (I special permit appro\al pre -dating Ordinance
\o. 11+)16. the "adult elllerta meilt use \\as lew.all_\ established. It is therefore considered a lenity
nonconforming use under \I Ills 21.
Pursuant to Section 7.2 .a. the nonconforming use ma) continue for 21) years from the effective date of
NIiami 21 ( \fay ?I). ?t 1)). Upon application. the (It) ('onunission may grant an additional extension of
up to twenty (ill) )e rs. Interior renovations and renlodeliiug are permissible by right. and the use nla\ he
extended to an) w tion ol• the building manifest]) designed lor such use. In this instance the entire
building is de\o d to the adult entertainment use. meaning all of the floor area. including approxinlatel\
3.000 square et of' second floor space. may he devoted to the adult entertainment use and such space
may he alto ated anywhere within the four exterior \\"alls of the structure including a redesigned second
floor or 11 ors. Exterior renovations and alterations to the building ma). he made to the structure pro\ ided
less thz j0"0 of. the floor area containinti the toncon!ilrminu use i; altered thereby pursuant to an
Exec ion
1'I \\\I\(r \\.I ) 7( r\:\(, I )11' \h.l `.'•9 •.
.rr;.r� I�I•Il:.n' Ali rn• I1 .;n I'I� ;r} � rr}-, .�s .I
1,i lrr, .\F(Ir• ('(( I;... • , Ir a r• i r ', i • . • , it ,e
SUBSTITUTED
1 Recio
Januar) 24. 2013
Re: 29 N1. 1 1 th Street legal Description: MMI.-\\1l NOR [ 11 SUI3 P 13-41
Folio 0I-3137-0,I-1)I)40 \\' jO IT ()I: l.(YI 4 & .-\1.1. I-(11'S 5 & 6 R 3
Based on a limited re\ ie\\ of the sur\ e\ and tax card. the structure appears 10 h a legally nonconforming
structure as well as it does not meet setback requirements under \liami 21. S ion 7.2.3.b of Nliami 21
pro\ ides that the nonconforming condition may be expanded in an cxpansi( that increases the total floor
area of the structure by less than iO"« of the existing floor area after I \ ption approval. Expansions of
the building by 50",i or more of the existing floor area are permissil e onl) if the portion of the new
addition that exceeds the floor area threshold conforms ((it!) \lianli
leading the nonconforming use and nonconforming structure tn\ Lions together \ ields the fa11o\\ inu
options for renovation:
Interior renovations of existinu atrue ture are permitted by ri_
Expansions of exlstiiui structure that do not enlarge the le' al nonconforming use are permitted subject to
the fallowing:
Expansions of the existing structure that !meet \!(lull are permissible by right.
Expansions that extend a nonconforming condition e.u. setback;) may be made provided the expansion
increase; total floor area by Tess than 50'. ()I' the Kling. floor area by Exception.
Exterior alterations to the structure (e.g. laca( enhancements. relocation of enminees, etc.) that affect
less than 50"0 of the existing floor area ol'the onconfi\rming use may he permitted by Exception
Pursuant to Section 7.2.2.1). a Iloneonfori ng structure may he reconstructed if the structure is destroyed
h\ natural disaster. explosion. fire. z of God. or the puhlic enemy. pro(ided \\'ai\er appro\al is
obtained. Section 7.2.2.c requires a arrant to reestablish the regal nonconforming use after the structure
is destroyed by natural disaster explosion. lire. act of God. or the puhlic enemy. pro( ided the
nonconforming USC Is honied i a conforming structure Of equal or lesser size on the same lot. or a
nonconforming structure rehui after \\'ai\er approval, Both the \Varrant and the \\'aiver must he applied
for a hint 12 months oldie 'struetion e\ent.
SIOCCI el\ .
Xirnah\ \lin. Es
toning :\dnlini rator
13\1:int
c: zoru
SUBSTITUTED
AERIAL
PZ-19-649
EXCEPTION
-NW12TH'ST
11THST
125 250 500 Feet
ADDRESS:29 NE 11 ST
NW 13TH!ST
D1- r
NW 4TH ST
SUBSTITUTED
MIAMI 21 (EXISTING)
PZ-19-646
EXCEPTION
125 250 500 Feet
NE13TH ST
-NE 11TH ST
NE-10TH ST
NE-12TH ST
NE11TH TER
ADDRESS:29 NE 11 ST
SUBJECT PROPERTY