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HomeMy WebLinkAboutHEPB (4954) Resolution* incllIAAi[I a11 City of Miami City Hall 11 3500 Pan American Drive HEPB Resolution Miami, FL 33133 • www.miamigov.com Enactment Number: HEPB-R-18-069 File Number: 4954 Final Action Date:12/4/2018 A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2(4) OF THE CITY CODE OF ORDINANCES, APPROVING AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS PROVIDING FOR WAIVERS TO ALLOW ALCOHOL BEVERAGE SERVICES ESTABLISHMENTS AT AN INDIVIDUALLY DESIGNATED STRUCTURE, COMMONLY KNOWN AS THE OLD UNITED STATES POST OFFICE AND COURTHOUSE, LOCATED APPROXIMATELY AT 100 NORTHEAST 1 AVENUE, MIAMI, FLORIDA, 33132; FURTHER INCORPORATING THE ANALYSIS ATTACHED HEREIN AS "EXHIBIT A". Approved, as amended, with the following conditions: 1. This Special Certificate of Appropriateness be in the form required by Miami 21 and issued upon City Commission review and approval. 2. Any noise generated on the site shall conform to Chapter 36 of the City Code noise ordinance. 3. Any concerns or complaints related to noise nuisance will be addressed and resolved immediately. 4. The property shall comply with all Building Code regulations and shall not have any open Code Violations, 5. Failure to comply with the conditions herein shall result in the revocation of this Special Certificate of Appropriateness to allow for an alcoholic beverage service establishment, and shall be subject to any fines and penalties pursuant to City Code. 6. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11 p.m. and 7 a.m. the following day, unless said music devices are played or operated in an enclosed building and the sound is not audible from the outside of the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. 10'WOMA;. Preservation fficer STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) -,OkK Personally appeared before me, the undersigned authority, � Preservation Officer of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. City of Miami Page 1 of 2 File ID: 4954 (Revision:) Printed On; 1213112018 Date 1 e 3 Aqa SWORN AND SUBSCRIBED BEFORE ME THISDAY OF.201_. Print Notary Name otary P16blic State of Florida Personally know '".)4—or Produced I.D. (My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath e , Y 4 m y MY COMM ISSION # Cq i807 IR98sFebruary 2l,2022 4 .11 fl,117 1 11; inn,, i 1' 1 0001104 City of Miami Page 2 of 2 File ID: 4954 (Revision:) Printed On: 1213112018 ANALYSIS FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS APPLICANT: Post Office Development LLC c/o Javier Avino PROJECT ADDRESS: 100 Northeast 1 Avenue NET OFFICE: Downtown-Brickell COMMISSION DISTRICT: District 2 (Ken Russell) STATUS: Individually designated A. GENERAL INFORMATION: FILE ID: 4954 ZIP: 33127 HEARING DATE: 11/6/2018 TDR Eligible: Yes REQUEST: Pursuant to Section 23-6.1 and Section 4-9 of the City Code of Ordinances, as amended, the Applicant is requesting a Special Certificates of Appropriateness for Waivers to allow Alcohol Beverage Services Establishments and an outdoor dining area at an individually designated structure, Old U.S. Post Office and Courthouse located on a parcel zoned T6-80-0 "Urban Center Transect Zone". Folio: 0101100501140 Lot Size: Approximately 9,330 sq. ft. B. BACKGROUND: On January 16, 2001, the Historic and Environmental Preservation Board, pursuant to Resolution No. HEPB-2001-001, designated the subject property located at 100 Northeast 1 Avenue as an individual historic resource. C. COMPREHENSIVE PLAN: The subject property is an individually designated structure. Pursuant to Goal LU -2, 2.3 and 2.4 of the Miami Neighborhood Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic and archeological resources. V. Toranzo No. 4953 10/23/2018 Page 1 of 5/ City of Miami Planning Department Historic Preservation Office parr �a�siv""', ANALYSIS FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS APPLICANT: Post Office Development LLC c/o Javier Avino PROJECT ADDRESS: 100 Northeast 1 Avenue NET OFFICE: Downtown-Brickell COMMISSION DISTRICT: District 2 (Ken Russell) STATUS: Individually designated A. GENERAL INFORMATION: FILE ID: 4954 ZIP: 33127 HEARING DATE: 11/6/2018 TDR Eligible: Yes REQUEST: Pursuant to Section 23-6.1 and Section 4-9 of the City Code of Ordinances, as amended, the Applicant is requesting a Special Certificates of Appropriateness for Waivers to allow Alcohol Beverage Services Establishments and an outdoor dining area at an individually designated structure, Old U.S. Post Office and Courthouse located on a parcel zoned T6-80-0 "Urban Center Transect Zone". Folio: 0101100501140 Lot Size: Approximately 9,330 sq. ft. B. BACKGROUND: On January 16, 2001, the Historic and Environmental Preservation Board, pursuant to Resolution No. HEPB-2001-001, designated the subject property located at 100 Northeast 1 Avenue as an individual historic resource. C. COMPREHENSIVE PLAN: The subject property is an individually designated structure. Pursuant to Goal LU -2, 2.3 and 2.4 of the Miami Neighborhood Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic and archeological resources. V. Toranzo No. 4953 10/23/2018 Page 1 of 5/ The Applicant's request for waivers to allow Alcohol Beverage Services Establishments and an outdoor dining area are partially in accordance with the Comprehensive Plan and Chapter 23 of the City of Miami Code of Ordinances, D. HISTORIC PHOTO: CURRRENT CONDITION: V. Toranzo 10123/2018 No, 4953 Page 2 of 51 E. NEIGHBORHOOD CHARACTERISTICS: ZONING Subiect Propertv T6-80-0; Urban Core Transect Zone Surroundinq Properties NORTH: T6-80-0; Urban Core Transect Zone SOUTH: T6-80-0; Urban Core Transect Zone EAST: T6-80-0; Urban Core Transect Zone WEST: T6-80-0; Urban Core Transect Zone F. ANALYSIS: FUTURE LAND USE DESIGNATION Central Business District Maximum of 1,000 D.U. per acre Central Business District Maximum of 1,000 D.U. per acre Central Business District Maximum of 1,000 D.U. per acre Central Business District Maximum of 1,000 D.U. per acre Central Business District Maximum of 1,000 D.U. per acre The following is a review of the request pursuant to Section 23-6.1. and Section 4-9 of the City Code of Ordinances, as amended. Analysis: The Applicant is requesting Waivers to allow Alcohol Beverage Services Establishments and an outdoor dining area at an individually designated structure located at approximately 100 Northeast 1 Avenue. Request 1.) Alcohol Beverage Services Establishments The Applicant is requesting a Waiver pursuant to Section 23-6.1 of the City Code of Ordinances to waive the exception requirement, pursuant to Section 4-9 of Chapter 4 Alcohol Beverage, for establishments occupying more than 5,000 sq. ft of floor area. Section 23-6.1 only grants the Historic and Environmental Preservation Board the authority to issue waivers of the Miami 21 Code, not the City Code of Ordinances. Therefore, this request is not in compliance with Section 23-6.1 Findings; In -consistent V. Toranzo No. 4953 10123/2018 Page 3 of 5/ Request 2.) Outdoor Dining Area: The Applicant is proposing an outdoor dining area along the eastern fagade of the historic structure. An application for a Special Certificate of Appropriateness was submitted to allow for alterations to an existing staircase that would allow the area to be used for outdoor dining. Staff finds the requested waiver is found to be in accordance with the applicable code criteria. Findings: Consistent G. CONCLUSION: Pursuant to Section 23-6.1 and Section 4-9 of the City of Miami Code of Ordinances, as amended, the Preservation Office finds that request for Special Certificate of Appropriateness for a waiver to permit an outdoor dining area does comply and the Special Certificate of Appropriateness for a waiver to allow Alcohol Beverage Services Establishments does not comply. H. RECOMMENDATION: Pursuant to Section 23-6.1 and Section 4-9 of the City of Miami Code of Ordinances, as amended, the Preservation Office recommends approval with conditions of the Special Certificate of Appropriateness for a waiver to permit an outdoor dining area and denial of the Special Certificate of Appropriateness for a waiver to allow Alcohol Beverage Services Establishments. 1. This Special Certificate of Appropriateness for an outdoor dining area is non-transferrable and is limited to use by the first ground level tenant. 2. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation. 3. Any concerns or complaints related to noise nuisance will be addressed and resolved immediately. 4. The subject property shall comply with all Building Code regulations and shall not have any open Code Violations. 5. Failure to comply with the conditions herein shall result in the revocation of this Special Certificate of Appropriateness to allow for an outdoor dining area and shall be subject to any fines and penalties pursuant to City Code. 6. Applicant shall maintain an outdoor dining area in compliance with ADA separation requirements 7. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11 p,m, and 7 a.m. the following day, unless said music devices are played or operated in an enclosed V. Toranzo No. 4953 10/23/2018 Page 4 of 51 building and the sound is not audible from the outside of the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. CPA. Warren Adams Preservation Officer V. Toranzo No. 4953 10/2312018 Page 5 of 51