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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET ;1Ca1111111111 :a W PS 19161 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THREE (3) EXCEPTIONS, WITH CONDITIONS, PURSUANT TO ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND PURSUANT TO SECTION 4-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT ALCOHOL SERVICE ESTABLISHMENTS FOR AN INDIVIDUALLY DESIGNATED HISTORIC STRUCTURE, COMMONLY KNOWN AS THE OLD UNITED STATES POST OFFICE AND COURTHOUSE, APPROXIMATELY 35,455 SQUARE FEET IN SIZE, FOR A PROPERTY IN A "T6-80-0," URBAN CORE TRANSECT ZONE, LOCATED AT APPROXIMATELY 100 NORTHEAST 1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 100 NE 1 Av [Commissioner Ken Russell — District 2] APPLICANT(S): Carly Grimm, Esq. on behalf of Post Office Development LLC PURPOSE: This application is requesting exceptions to permit the operation of three alcohol service establishments: two with alcoholic beverage licenses; one with a license for beer manufacturing and an alcohol license for beer/wine consumption, and sealed bottle sales, within the "T6-80-0" Urban Core Transect Zone. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions PLANNING, ZONING AND APPEALS BOARD: Approved, with conditions, the Special Certificate of Appropriateness on December 4, 2018, by a vote of 7-0. File Number: 6343 City of Miami Legislation Resolution Enactment Number: R-19-0435 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:10/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THREE (3) EXCEPTIONS, WITH CONDITIONS, PURSUANT TO ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND PURSUANT TO SECTION 4-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT ALCOHOL SERVICE ESTABLISHMENTS FOR AN INDIVIDUALLY DESIGNATED HISTORIC STRUCTURE, COMMONLY KNOWN AS THE OLD UNITED STATES POST OFFICE AND COURTHOUSE, APPROXIMATELY 35,455 SQUARE FEET IN SIZE, FOR A PROPERTY IN A "76-80-0," URBAN CORE TRANSECT ZONE, LOCATED AT APPROXIMATELY 100 NORTHEAST 1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Post Office Development LLC ("Applicant") owns the property located at approximately 100 Northeast 1 Avenue, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated, which has an individually designated structure commonly known as the Old United States Post Office and Courthouse ("Property"); and WHEREAS, the Property is located in a 76-80-0," Urban Core Transect Zone; and WHEREAS, the Property is an existing historic structure with approximately thirty-five thousand (35,000) square feet; and WHEREAS, the Applicant submitted a request for three (3) Exceptions to establish Alcohol Service Establishments within the Property pursuant to Article 4, Table; Article 6, Table 13; and Article 7, Section 7.1.2.6 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), as well as Section 4-7 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, Article 6, Table 13 of the Miami 21 Code provides that Alcohol Service Establishments "occupying more than 5,000 square feet of Floor Area shall require an Exception with approval by the City of Miami Commission"; and WHEREAS, pursuant to Section 23-6.1 of the City Code, the Historic and Environmental Preservation Board ("HEPB") may grant certain exceptions to a use permitted in specific zoning designations and may grant certain waivers to the Miami 21 Code if they will result in the preservation of a locally designated property; and WHEREAS, an application for an Exception is ordinarily heard by the Planning, Zoning and Appeals Board (TZAB"); however, HEPB reviewed the application for this Property as the structure is an individually designated historic structure and HEPB and PZAB have the same quasi-judicial authority; and WHEREAS, the requested three (3) Exceptions will allow the adaptive reuse of the Property; and WHEREAS, Miami Comprehensive Neighborhood Plan ("MCNP") Objective LU -1.4 states "Continue the growth of Downtown Miami, expand its role as a center of domestic and international commerce, further its development as a regional center for the performing arts and other cultural and entertainment activities and develop an urban residential base" as an objective of the City of Miami ("City"); and WHEREAS, the proposed Commercial Use (Alcohol Service Establishment) is consistent with the above MCNP objective of encouraging entertainment activities; and WHEREAS, the Commercial Use (Alcohol Service Establishment) is consistent with the high-intensity and high-density entertainment facility outlined in the MCNP; and WHEREAS, the Applicant proposes to reconfigure the interior of the building to provide tenant space/venues for three (3) independently owned concepts: Cabron/Frutonomy/Lobby Bar/and Nomada; Biscayne Bay Brewery; and La Real; and WHEREAS, it has been identified that each of the following three (3) establishments require an Exception as each are over 5,000 square feet: 1. Tenant 1, consisting of Cabron, Frutonomy, Lobby Bar, and Nomada; 2. Tenant 2, Biscayne Bay Brewing; 3. Tenant 3, La Real as more particularly described below: Tenant Name Alcohol Venue Sq. Location License Ft. Cabron 4COP Quota 7,497 Basement and 1St Floor Frutonomy 4COP Quota 927.5 1 st Floor Lobby Bar 4COP Quota 996 1 st Floor Nomada 4COP Quota 5,604 2nd Floor 2 Biscayne Bay CMB and 5,987 3rd Floor Brewery 2COP 3 La Real 4COP Quota 3,138 4t" Floor WHEREAS, the Applicant submitted information demonstrating compliance with the guidelines and criteria required for the requested three (3) Exceptions established in Section 4- 7(c) of the City Code and Article 7, Section 7.1.2.6 of the Miami 21 Code, which focus on, but are not limited to, parking, security, traffic, sanitation, noise attenuation, proximity to residential uses, etc. and is considered an official part of this file on record with the City's Planning Department; and WHEREAS, based on the above findings and analysis pursuant to the Miami 21 Code and the City Code, the City's Planning Department recommends approval, with conditions, of the Applicant's requests for an Exception; and WHEREAS, the City's Planning Department finds the requested three (3) Exceptions consistent with the goals of the Miami 21 Code as the requested uses are compatible with the surrounding neighborhood; and WHEREAS, the HEPB, at its meeting on December 4, 2018, following an advertised public hearing, adopted Resolution No. HEPB-R-18-069 by a vote of seven to zero (7-0), Item No. HEPBA, approving, with conditions, the Special Certificate of Appropriateness providing for waivers to allow Alcohol Service Establishments at the Property; and WHEREAS, HEPB, pursuant to Resolution No. HEPB-R-18-068, also approved, with conditions, a Special Certificate of Appropriateness to allow exterior alterations to the individually designated structure on the Property; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, the City Commission finds that the application complies with all applicable regulations and there is substantial evidence in the record to grant the three (3) Exceptions, with conditions, to establish Alcohol Service Establishments within the historic structure on the Property as described herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Exceptions are granted with the following conditions: 1. The development shall be substantially developed in accordance with the plans as prepared by TAI Architecture, Inc. submitted electronically (PZ -19-2298). 2. The Alcohol Service Establishments shall not add outdoor patios, smoking areas, or other congregating areas outside of the structure without the approval of a new Exception with approval by the City Commission. 3. The Alcohol Service Establishments shall comply with the occupancy requirements set forth by the Florida Building and Fire Codes. 4. As it pertains to the Alcohol Service Establishments, the Property is prohibited from playing or operating music boxes, jukeboxes, radios, musical instruments, or any other musical devices on or about the premises between the hours of 11:00 p.m. and 7:00 a.m. the following day, unless said music devices are played or operated in a closed 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, lodging unit, or other type of residence. 5. Any noise generated from the Alcohol Service Establishments shall conform with Chapter 36 of the City Code. 6. As it pertains to the Alcohol Service Establishments, any concerns or complaints related to noise will be addressed and resolved immediately. 7. No loitering or drinking outside of the Alcohol Service Establishments shall be permitted at any time. 8. The Alcohol Service Establishments shall be limited to the following hours of operation: 11:00 a.m. to 5:00 a.m. Monday through Saturday and 12:00 p.m. to 5:00 a.m. Sunday. An extension of hours beyond these hours of operation shall require a new Exception with approval by the City Commission. 9. The Applicant shall submit a valet/rideshare operation plan prior to the issuance of a building permit, including a phased permit. 10. The Applicant or owner shall comply with the requirements of all applicable departments and agencies as part of the City's building permit process. 11. Failure to comply with the conditions herein shall result in the revocation of the Alcohol Service Establishments' Certificates of Use. 12. Pursuant to Article 7, Section 7.1.2.6.e of the Miami 21 Code, the Exceptions shall be valid for a period of two (2) years during which time a building permit or Certificate of Use must be obtained for each Alcohol Service Establishment. This excludes a demolition, signage, or landscape permit. A one-time extension for a period not to exceed an additional year may be obtained if approved by the Planning Director. Section 3. This Resolution shall be effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: . � r i ria i n"dez, City Attor t ey 9/16/2019 ' This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later.