Loading...
HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET ;1Ca1B�:= DS1C1.1 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, WITH CONDITIONS, AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.2.6(A) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW AN EXISTING LEGAL NONCONFORMING ADULT ENTERTAINMENT USE TO OPERATE FOR AN ADDITIONAL TWENTY YEARS AFTER THE ADOPTION OF THE MIAMI 21 CODE ON A SITE LOCATED WITHIN THE "T6 -60A -O," URBAN CORE- OPEN, TRANSECT ZONE FOR THE PROPERTY GENERALLY LOCATED AT 15 NORTHEAST 11 STREET AND 29 NORTHEAST 11 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 15 Northeast 11th Street and 29 Northeast 11 Street [Commissioner Ken Russell - District 2] APPLICANT(S): Jose F. Diaz, Esq. on behalf of GR OPCO, LLC PURPOSE: An Exception pursuant to Miami 21 Code, Article 7, Section 7.2.6 (a) to extend the twenty-year time limitation to operate an existing legal nonconforming Adult Entertainment Use for an additional twenty -years, through May 20, 2050. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions PLANNING, ZONING AND APPEALS BOARD: The motion to recommend approval failed, on July 17, 2019, by a vote of 3-4. File Number: 6335 City of Miami Legislation Resolution Enactment Number: R-19-0436 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), APPROVING, WITH CONDITIONS, AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.2.6(A) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW AN EXISTING LEGAL NONCONFORMING ADULT ENTERTAINMENT USE TO OPERATE FOR AN ADDITIONAL TWENTY YEARS AFTER THE ADOPTION OF THE MIAMI 21 CODE ON A SITE LOCATED WITHIN THE "T6 -60A -O," URBAN CORE - OPEN, TRANSECT ZONE FOR THE PROPERTY GENERALLY LOCATED AT 15 NORTHEAST 11 STREET AND 29 NORTHEAST 11 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, GR OPCO, LLC ("Applicant") is the lessee of the properties located at approximately 15 Northeast 11 Street and 29 Northeast 11 Street, as more particularly described in Exhibit "A," attached and incorporated ("Property"); and WHEREAS, the Applicant has applied for an Exception (File ID PZ -19-649) to extend the initial 20 -year Time Limitation to operate an existing legal nonconforming Use (an Adult Entertainment Use) through and including May 20, 2050; and WHEREAS, the Property has a zoning designation of "T6 -60A -O," Urban Core -Open, Transect Zone and a Future Land Use Map ("FLUM") designation of General Commercial; and WHEREAS, the site contains an existing legal nonconforming commercial structure ("Structure") consisting of approximately 15,997 square feet and originally permitted 2000; and WHEREAS, the current Structure contains an Adult Entertainment Use known as "Club El Leven" on the ground floor and mezzanine and a restaurant known as "The Rooftop", on the rooftop; and WHEREAS, the Adult Entertainment Use has continued to operate from the effective date of the Miami 21 Code (May 20, 2010) to present; and WHEREAS, the Applicant applied via an Exception to extend the Time Limitation for the Adult Entertainment Use for another twenty (20) years to May 20, 2050 pursuant to Section 7.2.6(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, no expansion of the actual Use or Structure is proposed under this Exception application; and WHEREAS, a Certificate of Use was issued for the Property on April 12, 2000 for Adult Entertainment; and WHEREAS, on April 13, 2000, the City approved Ordinance No. 11916 (effective May 13, 2000), 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; and WHEREAS, on May 18, 2001, the City of Miami's ("City") Planning and Zoning Department issued Class II Special Permit #01-0123 to allow the operation of an Adult Nightclub named "Gold Rush" located within the "Entertainment Specialty District" under the 11000 Zoning Ordinance; and WHEREAS, in 2001, the City's 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; and WHEREAS, Miami -Dade County records show that in 2013, the Applicant acquired the Property operated by "Gold Rush Adult Nightclub" and remodeled it to accommodate two (2) distinct establishments: "Touche Tavern" (on the rooftop of the structure located at 15 Northeast 11 Street) and "El Leven Miami Adult Nightclub" (on the ground floor and mezzanine of 29 Northeast 11 Street); and WHEREAS, on January 24, 2013, the City's Zoning Administrator issued a Zoning Verification Letter ("ZVL") confirming the continuance of the nonconforming Adult Entertainment Use for twenty (20) years from the effective date of the Miami 21 Code (May 20, 2010); and WHEREAS, on November 9, 2013, the City'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 Northeast 11 Street for "Ell even Miami Adult Nightclub"; and WHEREAS, on September 5, 2017, the Applicant applied for two (2) Exceptions and a Waiver to the City's Planning Department to allow for alterations and expansion of the nonconforming use and structure by up to approximately 23%, adding approximately 3,616 square feet to the original structure containing 15,997 square feet; and WHEREAS, Section 7.2.3(b)(1) of the Miami 21 Code pertains to alterations and expansion of less than fifty percent (50%) of the square footage of a nonconforming Structure and states that alterations which enlarge the nonconformity of a nonconforming Structure to an extent of less than fifty percent (50%) of the total square footage of the nonconforming Structure may be permitted by Exception from the Planning, Zoning and Appeals Board; and WHEREAS, Section 7.2.6(c)(1)(b) of the Miami 21 Code states that where an alteration of a Structure containing a nonconforming Use is less than fifty percent (50%) of the square footage of the Structure at the time of the alteration, the nonconforming Use may be permitted to continue pursuant to an Exception; and WHEREAS, on May 16, 2018, the Planning, Zoning, and Appeals Board ("PZAB") approved the Exceptions and Waiver, with conditions, pursuant to 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 No. 18-023; and WHEREAS, the Zoning Administrator advised that the Applicant could seek an additional twenty (20) years with approval by the City Commission through May 20, 2050; and WHEREAS, documents and plans provided by the Applicant show that there is no increase of the square footage for the Use and, as such, no additional parking is required; and WHEREAS, the plans and documents provided by the Applicant to allow the extension of Time Limitation request are consistent with Article 7, Section 7.2.6(a) of the Miami 21 Code; and WHEREAS, the City's Planning Department finds the request to allow the Extension of Time Limitation for the existing legal nonconforming Adult Entertainment Use through and including May 20, 2050, is consistent with the goals and objectives of the Miami Neighborhood Comprehensive Plan ("MCNP") as it continues to encourage a development pattern that enhances existing neighborhoods and promotes a balanced mix of Uses; and WHEREAS, the City's Planning Department further finds that the proposed extension of Time Limitation will keep promoting and enhancing the choices of entertainment venues within the surrounding area, while providing the necessary measures to bring the Property more into compliance with the Miami 21 Code and safeguarding the neighborhood from any unpleasant disturbances; and WHEREAS, the PZAB at its meeting on July 17, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-028 failing to recommend approval to the Miami City Commission to allow an existing legal nonconforming adult entertainment use to operate for an additional twenty (20) years after the adoption of the Miami 21 Code; and WHEREAS, specifically, a motion was proffered at PZAB to recommend to the Miami City Commission approval of the requested Exception, with following conditions, which failed by a vote of three (3) members in support and four (4) members against (3-4); and WHEREAS, the Miami City Commission finds that the application complies with all applicable regulations, with conditions; and WHEREAS, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to approve, with conditions, the Exception to allow the legal nonconforming Use to operate an additional twenty (20) years until May 2050; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City Commission approves, with conditions, the Exception requested pursuant to Article 4, Table 3; Article 7, Section 7.1.2.6; and Article 7, Section 7.2.6(a) of the Miami 21 Code. Section 3. The following shall be the conditions of the Exception: 1. The use shall operate in substantial conformance with the plans as approved by the PZAB pursuant to Resolution No. 18-023 on May 16, 2018. Nothing in this condition shall obligate the owner and or operator to expand the non -conforming use and/or structure as approved by the PZAB on May 16, 2018. 2. All other Uses, height, and area regulations of the Miami 21 Code and all other applicable government/regulatory agencies shall be strictly complied with in the development and use of the property unless specifically varied or required herein. 3. The Adult entertainment Use shall be operated at all times with due regard for the character of the surrounding district and the Planning Director may impose additional corrective conditions if, in the Planning Director's sole opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent properties. 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 a customer's request. 6. A copy of this Exception, including all 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. In addition, a copy of this Exception including all conditions shall be posted on site and visible and accessible to all employees. 7. The Applicant shall install and maintain security cameras that cover all common areas of the business, high-risk areas, entrances, and exits. Proof of security camera installation shall be provided to the Planning Director. The video records shall be made available to law enforcement upon request. 8. 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 ensure 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 working the entrance for patrons to the establishment shall be instructed in its use. 11. During the hours of operation, a minimum of one (1) 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 laws, 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. 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 11:00 p.m. and 7:00 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, lodging, or 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. 13. Due to previous historic noise violations, all fines resulting from future noise violations shall be levied at the highest level imposed by the City. 14. Upon the City Commission's approval of a third -party entity, the Applicant shall use and pay such approved qualifying third -party entity to administer off-duty work details of all off-duty police officers that provide security services at the Property. Said third -party entity will be directly responsible for managing and administering the assignment of and transmittal of payments for services rendered by off-duty police officers. The Applicant will further abide by all rules, policies and procedures of the City regarding the hiring and payment of off-duty police officers, including the immediate prohibition of cash payments. 15. 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 -Dade County Clerk of Courts. The agreement (standard master covenant and agreement form) shall run with the land and shall be binding on any subsequent owners, heirs, or assigns. 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 the City's case file. Fees required by the Code of the City of Miami, Florida, as amended, 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. 16. Failure to comply with the conditions herein shall result in the revocation of this Exception Permit by the City Commission using the process described in Section 7.1.1.4(b)(8) of the Miami 21 Code. 17. INDEMNIFICATION AND REIMBURSEMENT OF LITIGATION COSTS. The 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, and/or settlement costs. c. Submit an initial deposit for the City's litigation costs to the City within ten (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 Office of the City Attorney, 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. The City's failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City. 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. 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 with that particular Action. The City shall have the sole right to choose its 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 condition #17, the following definitions apply: "City" shall be defined to include the City, its agents, officers, boards, commissions, committees, employees, and volunteers. "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. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 5. This Resolution shall have an immediate effective date.' APPROVED AS TO FORM AND CORRECTNESS: Eyt6ria-Wnd(E�z,CifyAttoriey ___) 10/1512019 ' 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 Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later.