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Home My WebLink AboutAnalysis and Maps-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 A. GENERAL INFORMATION FILE ID: PZ -19-649 EX FOLIO: 01-3137-031-0040 NET OFFICE: Downtown-Brickell STR- 15-54-41 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- Brickel I Neighborhood Enhanced Team (NET) area and is approximately 33,422 square feet of land within the '76-60A-0" Urban Core Transect Zone. It is generally located on the northeast corner of North Miami Avenue and Northeast 11 Street JM! � 213 iL Subject Site above, outlined in red 1 6335 - Analysis and Map -SUB I .lt rri rf. .: civ of Miami `,.::.. Punning Department Land Development Section THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 A. GENERAL INFORMATION FILE ID: PZ -19-649 EX FOLIO: 01-3137-031-0040 NET OFFICE: Downtown-Brickell STR- 15-54-41 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- Brickel I Neighborhood Enhanced Team (NET) area and is approximately 33,422 square feet of land within the '76-60A-0" Urban Core Transect Zone. It is generally located on the northeast corner of North Miami Avenue and Northeast 11 Street JM! � 213 iL Subject Site above, outlined in red 1 6335 - Analysis and Map -SUB I THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 E11even) 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 11900 and 9500 Zoning Ordinances. With the adoption of the Miami 21 Code, uses such as the Adult entertainment, are not permitted T6 -60A-0 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 for 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 adaption of such Ordnance, the 'Gol'd 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. BD#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 Con the rooftop of the structure located at 15 NE 11 Street), and E11 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, 20110). In addition, the Zoning Administrator advised that the Applicant could seek an additional twenty years upon approval by the City Commission through May 20, 2059. 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 E11even Miami Adult Nightclub. Club Ell even I PZ -19-649 Page 2 of 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 726(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 Department. 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 7.2.0(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" (UCSD) 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 (UCSD) 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, pursuantto 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 (UCSD) identifies that this area, .. shall contain high intensity, high density multi -use development to include. retail; professional and Club E11even I PZ -19-649 Page 3 of 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 Ccmprehensive Neighborhood Pian. D. NEIGHBORHOOD CHARACTERISTICS ZONING Subiect Property T6 -60A-0 Urban Core Transect Zone Surrounding Properties NORTH: T6 -60A-0 (Urban Core Transect Zone) SOUTH: T6 -60A-0 (Urban Core Transect Zone) EAST: T6 -60A-0 (Urban Core Transect Zone) WEST: T6 -60A-0 (Urban Core Transect Zone) E. ANALYSIS FUTURE LAND USE DESIGNATION General Commercial 1 UCBD Overlay Maximum 150 D.U. per acre General Commercial f UCBD Overlay Maximum 150 D.U. per acre General Commercial 1 UCSD Overlay Maximum 150 D.U. per acre General Commercial 1 UCBD Overlay Maximum 150 D.U. per acre General Commercial 1 UCBD Overlay Maximum 150 D. U per acre 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, 2034, 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 Cade, 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 E 11 even, an Adult entertainment Use on the ground floor and mezzanine, and Touch,§ Tavern, a restaurant, located on the rooftop of the Structure. The Use is located within the T6 -60A-0" 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-0 Transect Zone. Miami 21 allowed existing legally established Adult entertainment Uses to continue operations 20 years after the adoption Club El Leven 1 PZ -19-649 Page 4 of 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 statLIS of the venue's Adult entertainment Use. The Zoning Administrator advised that the existing legally nonconforming Use would expire on 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 ]D#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 corn plaint 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 2C years, or until May 2050. Finding 2 Consistent Club E1leven / PZ -19-649 Page 5 of 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 Club El Ieven f PZ -19-649 Page 8 of 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 7.1.2.5 (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 multi -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-0" 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. All other Uses, height and area regulations of the Municipal Code and all other applicable governmentlregulatory 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 req nest. 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 Club El levee / Pz-19-549 Page 7 of 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. be provided to the Planning Director or their Designee. 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 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 - Dade 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. Club El1even 1 PZ -19-649 Page 8of10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 16, INDEMNIFICATION AND REIMBURSEMENT OF LITIGATION COSTS. Applicant shall do all the following: Defend, indemnify and hold harmless the City from any and all actions against the City relating to or arising out of. in whale 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 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 deposrts 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 (ii). 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. Club E11 ever} 1 PZ -19-649 Page 9 of 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. "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. ,gdeliirk Ellis ief of Land Development Attachments: A: Legal description B: Approved Exception Analysis File I D#3951 C. Zoning Verification Letter cifz3/� DaEe Club E11even 1 PZ -19-649 Page 10 of 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. ATTACHMENT A LEGAL DESCRIP'T'ION PARCELI: The West 50 feet of I.ot 4 and all of Lots 5 and 6, Black 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, BALDWFN AND OXAR'S AMENDED (a replat of Block 16, Alice Baldwin, .fenny M. Oxar & Chanes E. Oxar, Plat Book A, Page 57), according to the Plat thereof, as recorded in Plat Book l3, 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 72'11'22" West run Northwesterly 87.67 feet along said curve through a central angle of 4°41'21" 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 flat 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 comer of said Lot 5; thence North 02'20'01" 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 1 t9,26 feet along the Northerly fine of said mats 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 Paint of Beginning. �'•°",�rrtif'�. rl; Hiiyq' <s7L` GfJuh��lr„1� THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. ANALYSIS FOR EXCEPTION APPLICANT. GR ©PCO, LLC PROJECT ADDRESS: 15 and 29 NE 11 Street COMMISSION. District 2 (Ken Russell) PLANNER: Luiz Vicentini, Planner I A. GENERAL INFORMATION FILE ID; 3951 FOLIO: 01-3137-031-0940 NET OFFICE: Cvertown 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-0". 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 Beards 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. E11 even Miami/ File No, 3951 Page 1 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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: Touchy Tavern (on the rooftop of the structure located at 15 NE 11 Street), and E11 even 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 Tauche 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 1012112013. • Permanent Food Service License # SEA2334139, issued on 02105/2014. For E11 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 0210512014. El1even Miami l File No. 3951 Page 2 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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" (UCSD) 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 Subject Prooertv T6 -60A-0 Urban Care Transect Zone Sul -rounding Properties NORTH: T6 -60A-0 Urban Core Transect Zone Interstate 395 SOUTH: T6 -60A-0 Urban Core Transect Zone FUTURE LAND USE DESIGNATION General Commercial 1 UCSD Overlay Maximum 150 D,U, per acre General Commercial 1 UCSD Overlay Maximum 150 D.U. per acre General Commercial 1 UCBD Overlay Maximum 150 D.U. per acre E11 even Miami i Fiie No, 3951 Page 3 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. EAST: T6 -60A-0 Urban Core Transect Zone WEST: T6 -60A-0 Urban Core Transect Zone E. ANALYSIS Generai Commercial / UCBD Overlay Maximum 150 D.U. per acre General Commercial / UCBD Overlay Maximum 150 D.U. per acre 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 I.- The :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 76-60A-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. al X111011 � �-� VIEW AT S.E CORNER OF NW 11 ST at N. MIAMI AVE EXTERIOR FACADE ALONG NE 11 TER. (EXISTING) EXISTING TOUCHE' TAVERN ON ROOFTOP EXISTING ELEVEN MIAMI CLUB AT GROUND LEVEL EXISTING ROOF 1 CANOPY TO BE REMOVED/ REPLACED Ell even Miami/ File No. 3951 Page 4 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Ij As depicted above, the Applicant proposed the enclosure of a portion of the original legal nonconforming Structure to accommodate the aiterations and expansion. See images below. Findings; Consistent 1. f 9: I AV ' `4 EXISTING STRUCTURE TO - II 6E REMCiVEDI REPLACE[] EXISTING STRUCTURE TO REMAIN EXISTING ROOF PLAN OF TOUCHE' TAVERN SHOWING THE PROJECTION OF THE EXISTING STRUCTURE (IN RED) El Y6i 71' JIM EXISTING STRUCTURE 01 ELI =' -7— r n -n r FA Rn rm rt,7-, rn .n �^. - - _ _� , _�_. z _-x� ;.� •_, , - -_ PROPOSED STRUCTURE cwwr PROPOSE} FLOOR PLAN WITH PROJECTION OF THE EXISTING (RED) AND, PROPOSED, (BLUE) STRUCTURE E11even Miami 1 File No. 3951 Page 5 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. ��. `vy• of SJLi]`�.Y�=- IXw.M,1�Gub SLG.'• 'LAN VIEW OF THE PROPOSED INSULATED ROOF METAL bECK iJ..o,„J„LIl PROPOSED STRUCTURE 1 NW ELEVATION 1 � IN i F11C1lFif RENDERING VIEW FROM SE CORNER OF NE 11 STREET �e`v�.�w� a� , �.�La ak}+y.• i�.r� ■1Lll L i � � L - �— - — � � �f -.c FYI ffekav— . ,.., ..,. ..... PROPOSED STRUCTURE/ SOUTH ELEVATION E11 even Miami f File No, 3951 Page 6 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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-E0A-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 E11even 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 1 File No. 3951 Page 7 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. F. NEIGHBORHOOD SERVICES Cade 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 abjection 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 726(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, 2018. 2. The use is non -transferable. Changes to the current owner/operator shall require the approval of a new Exception. 3, 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. E11 even Miami/ File No. 3951 Page 8 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 4. Any noise generated on site shall comply with Chapter 38 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. 7. The Applicant or Owner shall submit a landscape plan to be reviewed and approved by the Planning Director or their designee. 8. No offsite 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 Permit. s (acqq;line Chief E11 even Miami/ File No. 3951 Page 9 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. .I imar% 1-1. '_I11 1 tul% lZt:t'ir+ '�?� I'l}Ileetlr I.L'1111 SUi1e 7(11 ('4+1-:1t t'f 10]10,. 1° 1 "1114 Re; 21) N i I `street [' olio 111 -i l 3%7 -WI -0040 Dear M(. ifeeio: i f fli ,n - I,e_"al Desel•iptioti: Mi.\\It \t)IZ I II SCT I'll k -4i %0;01101`'I.014&AIj it3IS5&.,6Ill K1 llur t1:1I11 to will tette!' t1.11W I]ec,:mher I?. ?I11' retjutstin3� ftlnilrr� %erilieasllrm li]r the ill]rne-nl+ rllie,Il+ tl 111"r+l,et-t%. ,Intl in rs;s}]t+Il�t.' to aaitl retltle,t. lllc;l.e ile 11th i.�cl t+!'1110 I�1914,%% inL: 1 he t'ul-rellk tite k Ii7-lt a-0 (urh:lll Ove fsxllo, I Ili, %I 111 contirlll 01111 (lie stll]jeel llrttl]erl} i, zoned -16-61! ()l]en ;lntl i.; locmetl %%itlsirl lite St,tillmiil l ktvrit1%%11 Por6.%%'e,l a rco- I he ml) ieel lll°111101% IN r.LWIVIllk t+lleraltcd at, its "illi[!!! enYeriaiI1113 m I1lrrhidul] illltlelthe Initlt` nklme 'Gohl Rukh' Ilnralltrlli tt+ Cel•1llle;ile isl 1 ;r fit,, rl"2546 113'.11 lySL(eLl fall .Iii 1x151 1t1, ?I V 13. 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Hoill Ilse Warraill atld the r1 aker Illus( he llp1 livtl ii+r VL illim 12 n1onlll, ol'the Llestivoit,ll oenl, I Arll:lll► Mill. Fsq. /t+nY11� ;4tLI11 inistril or f3A1:1}1d is su11a1Ie lite THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. AERIAL PZ -19-649 EXCEPTION NW4 13TH'ST ` N I• - � r . " r---- 1�� ' ��• 1,� re „ F 1 tTH ST _ F x' ¢ M f � �s5 a._ f 39� .. NW,12THIST� r ur NE 11TH- ER Lu +1*� NW 1iTH 7ER—Q c• ` `w NE 11Th TER v 9 rp ` tirfi�a I z rr, rxm ey+ rte. fr NW 1 J . E 11TH ST 1TH 5T N ly , F -F -i ti: Ab WIT Sys. •t {i I; � S�.r.. , �, a. --- ----- _��► _,,JIB _" -- OTW NE00TH ST LI.I II•III!I`II r.• FF �� I l I - JT • 4 i� ' N 0 125 250 500 Feet ADDRESS:29 NE 11 ST SUBJECT PROPERTY THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. MIAMI 21 (EXISTING) PZ -19-646 EXCEPTION NW 13TWST v [ D1 , < `--NE-13TH ST zf W Q T6 -24A-0 -NW•12TH ST rST 189 6 w w g F --^JW 11TH-TER—�-- PVE•11TH•TER � Li z 5 z T6-6DA4-0 � - - '1W 11TH CT IN VVI V i. J T6 -60A-0 N 0 125 250 500 Feet I i I I I I i 1 11 NE 11TH ST t NE 10TH ST NE.12TH 5TH J NE 11TH TER ADDRE=SS:29 NE 11 ST SUBJECT PROPERTY City of IVllaml SUBSTITUTED Planning Department Land Development Section ANALYSIS FOR EXCEPTION APPLICANT: GR OPCO, LLC. FILE Ili: PROJECT ADDRESS: 29 NE 11 Street FOLIO: -0 COMMISSION: District 2 (Ken Russell) NET OFF PLANNER: Luiz Vicentini, Planner I STR- 15-1. 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 a end the twenty-year Time Limitation after the Adoption of the Miami 21 Code, to operatyanxisting legal nonconforming Use ("Adult entertainment'") located at 15-29 NE 11 StreetSite"), for an additional twenty years through May 20, 2050. B. BACKGROUND The subject Site is located within the owntown-Brickell Neighborhood Enhanced Team (NET) area and is approximately 33,422 sq re feet of land within the "T6 -60A-0" 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 I ting of approximately 15,997 square feet. The Structure was permitted in 2000 and contains Adult entertainment Use }mown as (Club E1leven) 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 ng regulation including the 11000 and 9500 Zoning Ordinances, With the adoption of the Mia i 21 Code, uses such as the Adult entertainment, were excluded from the T6 -60A-0 Trans Zone. Miami 21 allowed existing legally established Adult entertainment Uses to continue perations 20 years after its adoption. In order to operate after the initial 20 years, the Adult e ertainment Use must be approved for an extension of the Time Limitation by Exception by th ity Commission The Adult entertainment Use has continued to operate from the eff Live 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 t Structure is proposed under this Exception application. Entitlement and Permit History for the Site On May 18, 2001, the Planning and Zoning Dep ent issued a Class li 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#01-5(712635} to allow the construction of a Structure. Can August 19, 2003, a Certificate of se (CU# 032546) was issued to allow Gold Rush Adult Nightclub to operate within the Struc re. 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 becam a legal nonconforming Use. Miami Dade County reco s show that in 2013, the Applicant acquired the property operated by Gold Rush Nightclub d remodeled it to accommodate two distinct establishments Touchy~ Tavern (on the rooft of the structure located at 15 NE 11 Street), and El1even Miami Adult Nightclub, (on the aund 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), allowi 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 Administr or 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 Elleven 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 then 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 tore- 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 Wai r to the City of Miami, Planning Department. On May 16, 2018; the Planning Zoning Appeals 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" (UCSD) Over y, 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 whole ding and distribution activities that generally serve the needs of other businesses, generally, quire on and off-loading facilities; and benefit from proximity to industrial areas. These com ercial activities include retailing of second hand items, automotive repair services, new and sed vehicle sales, parking lots and garages, heavy equipment sales and service, buildi material sales and storage, wholesaling, warehousing, distribution and transport related s vices, light manufacturing and assembly and other activities whose scale of operation and La 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 fled provisions of the applicable land development regulations. Properties designated as General Commercial" in the Urban Central Business District (UCSD) are allowed a rnaximu 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 availa e in the area. In additlo pursuant to the Miami Comprehensive Neighborhood Plan (MCNP), Policy L.0-1-3.15, 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". rthermore, the Urban Central Business District (UCSD) identifies that this area." shall contain high intensity, high density multi -use development to include: retail; professional and Club E1leven 1 PZ -19-649 Page 3 of 10 SUBSTITUTED I 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-0 Urban Core Transect Zone Surrounding Prooerties NORTH: T6 -60A-0 (Urban Core Transect Zane) SOUTH: T6 -60A-0 (Urban Core Transect Zone) EAST: T6 -60A-0 tUrban Core Transect Zone) WEST: T5 -60A-0 (Urban Core Transect Zone) C. ANALYSIS FUTURE LAND USE DESAiNATION General Comme/per BD Overlay Maximum 150 Dre General Co ercial 1 UCBD Overlay /neraImCommercial 0 D.U. per acre mercial l UCBD Overlay 0 D.U. per acre 1 UCSD averlay 0 D.U. per acre General Commercial 1 UCBD Overlay Maximum 156 D.U. per acre The Applicant requests an Exception extend the twenty-year Time Limitation to operate an existing legal nonconforming Use �" daft 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 no and Miami Neighborhood Comprehensive Plan sections of this report are hereby incorpor ed into the analysis and its corresponding criteria by reference. Criteria: Pursuant Miami 21 Code; Article 7, Section 7.2.6(a) Time Liimitaflon; "Where, at the e dive date of adoption or amendment of this Code, a lawful Use exists which ould not .be permitted under this Cade, the Use may be continued for Ituhs'e'tcill, (20) years from the date the Use first became legal nonconforming and stent with the regulations of this section. The Use shall not be allowed to ue automatically upon expiration of the twenty (20) years. Upon application, ify Commission may grant try Exception an extension for continuance of tl�e or an additional term of tip to twenty (20) years. Analy s 1: The subject Site contains a legal nonconforming Use, Club E1leven, an Adult entertainment Use on the ground floor and mezzanine, and Touchd Tavern, a restaurant, located on the rooftop of the Structure. The Use is located within the T6 -60A-0' Urban Core Transect Zone; which allows high density and intensity development. Club lit Ieven / PZ -19-649 Page 4 of 10 SUBSTITUTED 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 e, uses such as the Adult entertainment; are not ;permitted in the T6 -60-A-0 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, 2054. The Adult entertainment Use has operated on ite 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 I D#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 t year. In addition, there has been no comments or concerns from Code Enfinfo ement or Downtown NET Office. Records provided by the Applicant and cor 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. Finding 1: Consistent Criteria 2: Miam/1 Code, Article 4, Table 12, Design Review Criteria Analysis 2: Acle 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 Page 5 of 10 SUBSTITUTED The Adult entertainment Use, has not received any calls for service from the Pol Department or complaints since April 17, 2018. The complaint was related to nqf In addition, the Code Enforcement and Downtown NET Office has not a 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/s Analysis 3: Article 6, Table 13 Supplemental Regulations includes a regulations applied to the establishment of new Adult Entertainment Establi meats 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 /external ark, drool, or property zoned for Residential Use; including such pus ool properties outside City limits or properties zoned residential by t� risdiction."" Although not required, staff reviewed a 1,000 -foot radius fject site using the City's GIS system to determine the distance between Adult Entertainment Use from any public park, public school, or propfor Residential Use; including such public park or public -school propde City limits or properties zoned residential by the external jurisdicti Club E1 leven 1 PZ -19-649 Page 6 of 10 jr .. ➢ - -t.T I1 + �; :T1 l 1l1IlrY a7 T " �+ i7 A At HST `RM�a+'�/ h Aerial view displaying 1,000 -foot radius buffer from 15-29 NE 11 Street Club E1 leven 1 PZ -19-649 Page 6 of 10 SUBSTITUTED Based upon the City's GIS system there are no public parks, public sc/ernal properties zoned for Residential Use; including such public parks o properties outside City limits or properties zoned residential by the 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 XNoComment nment Urban Design mment Art in Public Places mment Transportation E. CONCLUSION The Planning Department finds the request consisten as the Applicant has submitted all the necessary information which demonstrates camplian with the guidelines and criteria required for an Exception to extend the Time Limitationyerate an existing legal nonconforming Use ("Adult entertainment") located at 15-29 NE 11t, 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 e Extension of Time Limitation for the existing legal nonconforming Adult entertainment Use/Nei rough and including May 20, 2050, consistent with the Goals and Objectives of the Morhood Comprehensive Plan (MCNP). By allowing the Time Extension of this use, to encourage a development pattern that enhances existing neighborhoods, and mix of Uses in an area that is marked for high intensity, high density multi -use develohermore, the proposed Time Extension will continue to enhance the variety of entertues within the surrounding area which is anticipated by Miami 21 Code developmentin 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 recd ends approval to allow the extension of the Time Limitation to operate a legal nonconforming duct entertainment Use, through and including May 20, 2050, subject to the following cond' ons - 1. The u5K shall operate in substantial conformance with the plans as approved by the Planning ZoniA Appeals Board pursuant to Resolution #t`18-023 on May 16, 2018. 2. X other Uses, height and area regulations of the Municipal Code and all other applicable overnment/reguiatory 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 Club E1leven I PZ -19-649 Page 7 of 10 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 propery 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 enterta1hI upo customer's req Vest. 8. A copy of this Exception including all Conditions, and/or annt appeal of this Exception and its resultant Conditions and/or letters of clarifibe printed on the building plans submitted to the Planning department and Department for purposes of having a permit issued at any time during the termption. In addition, a copy of this Exception including all conditions shall be poand visible and accessible to all employees. Applicant shall install and maintain security cameras that overs all common areas of the business„ high-risk areas, entrances and exits, and proofA security camera installation shall be provided to the Planning Director or their Designs . The video records shall be made available to law enforcement Upon request. 8. The Applicant shall be responsible for monitoring&oth patron and employee conduct on the premises and within the parking areas undo 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 c 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 tion, a minimum of one on -duty manager with authority over the activities within the fa ity must always be on the premises when the facility is open to the public. The o/dingowner nager's responsibilities shall include the monitoring of the premises to ensure comph all applicable State laws, Municipal Code requirements and the conditions imrein. Every effort shall be undertaken in managing the facility to discourage illcriminal activity on the subject premises and any exterior area over which the b exercises control, in effort to ensure that no activities associated with such rablems as narcotics sales, use or possession, gambling, prostitution, loitering, theft, va dalism or truancy occur. 12. Its I be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments or a other musical devices on or about the premises between the hours of 11:00 p.m. and .00 a.m. the following day, unless said music devices are played or operated within enclosed /comfort uilding and the sound is not audible form the outside of the building so as to disturb the quiet, 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 E11even / PZ -19-649 Page 8 of 10 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 agreementf m) shall run with the land and shall be binding on any subsequent owners, heirs or a igns. The agreement with the conditions attached must be submitted to the Department of fanning and the Office of the City Attorney for approval before being recorded. After record ran, 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 revocZion of the Permit. 15. INDEMNIFICATION AND REIMBURSEMENT OF LITIGATION ZOSTS. Applicant shall do all the following: a. Defend, indemnify and hold harmless the City from any d all actions against the City relating to or arising out of, in whole or in part, the City's pros sing and approval of this entitlement, including but not limited to, an action to attack/envnmental ge, set aside, void, or otherwise modify or annul the approval of the entitlement, the review of the entitlement, or the approval of subsequent permit decisions, or personal property damage, including from inverse condemnation or any other cons claim. b. Reimburse the City for all costs incurred i defense of an action related to or arising out of, in whole or in part, the City's processing an approval of the entitlement, including but not limited to payment of all court costs and atta ey°s fees, costs of any judgments or awards against the City (including an award of attar y`s fees), damages, and/or settlement costs. c. Submit an initial deposit for the ity's litigation costs to the City within 10 days' notice of the City tendering defense to the ppiicant and requesting a deposit. The initial deposit shall be in an amount set by the City ttorney's Office, in its sole discretion, based on the nature and scope of action, but in no ent, shall the initial deposit be less than $15,000.00 dollars. The City's failure to notice or oltect the deposit does not relieve the Applicant from responsibility to reimburse the City rsuant to the requirement in paragraph (ii). d. Submit suppleme 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 Git 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 r}. e. If the Vty determines it necessary to protect the City's interest, execute an indemnity and reim rsement agreement with the City under terms consistent with the requirements of this corAition. 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 Ieven f PZ -19-649 Wage 9 of 10 SUBSTITUTED The City shall have the sole right to choose its counsel, including the City Attorney's 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 s 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, comm' Bions, committees, employees, and volunteers. "Action" shall be defined to include suits, proceedings (including thos5keld 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 inter d to limit the rights of the City or the obligations of the Applicant otherwise created by this co clition. -�tccie�i eIIJJs l bate Chi f of anaj L"i'evelopment i Attachments: A: Legal description B: Approved Exception C: Zoning Verification L lysis File IC#3951 Club El1even 1 PZ -19-649 Page 10 of 10 SUBSTITUTED I ATTACHMENT A LEGAL DESCRIPTION PARCEL I: The West 54 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" atPa 41, of the Public Records of Miami -Dade County, Florida. PARCEL 2: Portion of Lot 9, Block 16, BALDWIN AND OXAR'S AMEN D (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 l3, page 87, of t Public Records of Miami - Dade County, Florida, more particularly described as follo Begin at the Southwest corner of said Lot 9, t ince North 87°48`29" East 80.97 feet along the South line of said Lot 9 to a Po' ton a curve concave Northeasterly having a radius of 1074.68 feet the/fra tangent bearing North 72°11'22" West run Northwesterly 87,62 feetd curve through a central angie of 4°41'21" to the West line of said Lce South 2°16'52" East 31.31 feet along the West line of said Lot 9 to tf 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 L99 5 and 8, Block. 16, BALDWIN AND OXAR'S AMENDED (a replat of Block 16, Mice 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°12'01" West fXon" the Southeast corner of said Lot 5; thence North 02°20'01" West 5.90 feet g 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 1074.68 feet; thence from a tangent bearing of South 72°11'22" East run Southeasterly 124.65 feet along said curve through a central angle of 06°40'15" to the Point of Beginning. City of Miami I SUBSTITUTED Planning Department Land 'Development Section 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 A. GENERAL INFORMATION REQUEST: As listed in ordinance No. 13114, as am OPCO, LLC) requests the following: FILE ID: 39 FOLIO: 01 NET OFFIIC , the Miami 21 Code, the Applicant (GR 1) An Exception, pursuant to Article 7, S54, on 7.2.3 (b)(1) to allow for alterations of approximately 23 percent of a Structure rere 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 acture 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 Str cture at the time of the alteration may be permitted on a parcel zoned Urban Core Transe Zone Open "T6 -60A-0°. 3) As part of this Excepti application, 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 fro age 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 no 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 B ards Section. B. BACKGROUND TX 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 E11even, an adult entertainment establishment at the ground floor and mezzanine. Touche Tavern is located on the rooftop of the Structure. Ell even Miami/ File No. 3951 Page 1 of 9 SUBSTITUTED I 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 withi the "Entertainment Specialty District". In 2001, the Building Department issued a Building Permit (BD#01-5012635) t allow the construction of a Structure followed by a Certificate of Use (CU# 032546) issued 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 impos certain limitations for specific uses, such as Adult Entertainment. With the adoption of subjec rdinance, the Gold Rush Adult Nightclub became a non -conforming Use. 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 rth 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 enol ed 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 oft property. The restaurant and A It Nightclub obtained the following Licenses pursuant to "Previous Business Usage Rep For Touche Tyiern (Restaurant), on the rooftop of 15 NE 11 Street • CU 9611-002523 for Commercial Food Service Establishment (CU24), issued on Oct er 21, 2013. • R ail Beverage License 4COP # BEV2301285, issued on 10/2112013. ermanent Food Service License # SEA2334139, issued on 0210512014. or El 1even 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 0210512014. E11 even Miami I 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 to any noise generated from the subject site. On August 28, 2017 the Office of Zoning determined that the Applicant's request to en ose 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, purs nt to Section 5.6.1(g), of the Miami 21 Code. On September 5, 2017, the Applicant submitted an application for an E;c tion 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 designateGeneral Commercial" with an "Urban Central Business District" (UCSD) Overlay, which al ws a maximum density of 150 dwelling units per acre. 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 4d off loading facilities; and benefit from close proximity to industrial areas. These commerci activities 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, li/are anufacturing and assembly and other activities whose scale of operation and land use imps 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 "Genera/Cmmercial" in the Urban Central Business District allow a maximum floor lot ratio (FLR) ofimes the net lot area of the subject property. D. NEIGHBORHOOD/Transect ISTICS ZONING Subject Property T6 -60A-0 Urban Cone Surroundinq P, rties )A -O Urban Core Transect Zone ;tate 395 iA-O Urban Core Transect Zone FUTURE LAND USE DESIGNATION General Commercial 1 UCBD Overlay Maximum 150 D.U. per acre General Commercial / UCBD Overlay Maximum 150 D.U. per acre General Commercial / UCBD Overlay Maximum 150 D.U. per acre Elleven Miami / File No. 3951 Page 3 of 9 I SUBSTITUTED I EAST: T6 -60A-0 Urban Core Transect Zone General Commercial / UCBD Overlay Maximum 150 D,U. per acre WEST: T6 -60A-0 Urban Core Transect Zone General Commercial 1 UCBD Overl Maximum 150 D.U. per acre E. ANALYSIS The following is a review of the requested two Exceptions, pursuant to Mia 21 Code, Article 7, Section 7.2.3(b)(1) and Article 7, Section 7.2.6 (c)(1)(b) and a Waiver rsuant to Miami 21 Code, Section 5.6.1(g). Exception 1: The first Exception, pursuant to Article 7, Section 7.2./reon entitled "Alterations and Expansion of Nonconforming Structures" of the Miami 21 Codlow for alterations of less than 50 -percent of an existing nonconforming commercial Strua site zoned "T6 -60A-0". 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 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. VIEW AT S.E CORNER OF Nw 11 Tat N. MIAMI AVE. "rn ilr'. r *-- - -� - . OR 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 1 File No. 3951 Page 4 of 9 SUBSTITUTED As depicted above, the Applicant proposed the enclosure of a portion of the ong nonconforming Structure to accommodate the alterations and expansion. See images bele Findings: Consistent L STRUCTURE TO /ED/ REPLACED TRUCTURE TO l EXISTING STRUCTURE _ �t� - PROPOSED STRUCTURE 77 (FLOOR PLAN WITH PROJECTION OF THE EXISTING (RED) AND PROPOSED (BLUE) STRUCTURE E1leven Miami 1 File No. 3951 Page 5 of 9 SUBSTITUTED 'LAN VIEW OF THE PROPOSED INSULATED ROOF METAL DECK PROPOSED STRUCTURE / NVV ELEVAT! �ITK �se �[fi�9d) mittµ Ot[ u�iM�i I-� RENDERING VIEW FROM SE CORNER OF NE 11 STREET —�— — _ I_------ - - _-- _--_ ymic l�eigw beix �xrx ... ....w. �� __•— Va/.G ��G�M5RNl�XXifrrux aim— _-'``WENE —,ww—_--` AVL u�I:L-[�II1i 6rt9rtN TT- .�'. :� � � �es�. ✓� ,.r9. � � / -- .71�r'�'inucYe:�+ixsrs.'r�' ®Nl1 � I X D STRUCTURE/ SOUTH ELEVATION E1 I even Miami 1 File 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)1�t "Replacement and Expansion of Structures that Contain Nonconforming Use" of the Mia to allow for alterations where an alteration of a Structure containing a nonconforming Use50-percent of the square footage of the Structure at the time of alteration, on a site zoned 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 Pia ing, Zoning and Appeals Board (PZAB). Analysis: The Applicant proposes to remove, replace and extend a l/y13,493 nforming Structure to accommodate a legal nonconforming Use on the rooftop venue. Theterior building area of the Touch6 Tavern is comprised of approximately 2,504 square feet. g interior ground floor and mezzanine venue, operated by E11even Miami are approximsquare feet. The combined interior area of the existing building is approximately 15,99eet. As previously stated, the interior area of the existing building is Zrela ximately 15,997 square feet. The Applicant proposes to expand the Nightclub Use into the roof to for a total of 6,634 square feet. For that reason, the Applicant proposes for the repiacemen 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 ofth ega! nonconforming Structure, which is below the threshold as per the above criteria. Waiver: As part of this application for the two E� 5.6.1{8}, to reduce a front setback to mat required front setback of 10 feet is require southern frontage facing NE 11 Street. T enclosure, ce ons, a Waiver was submitted pursuant to Section the dominant ground level setback of the block. The On the eastern frontage facing NE Miami Court and on the applicant proposes a zero foot setback for the new rooftop 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 Setba9k of the Block and its Context. As the proposed 9deration 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`Xient E11 even Miami/ File No. 3951 Page 7 of 9 F. NEIGHBORHOOD SERVICES Code Compliance Building Historic Preservation Environmental Resources DERM Urban Design Art in Public Places NET Office (Overtown) G. CONCLUSION SUBSTITUTED No Objection Required No Objection No Objection Required No Objection No Objection No Objection The Planning Department finds the requested Exceptions consiste as the Applicant has submitted all the necessary information which demonstrates complia e 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 gals 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/blk,�consistent, NE 11 Street enclosure to match the ground level dominant setback of the surrounding and is considered an official part of this file on record with the Planning Depart 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 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 Yd in accordance with the plans as prepared by Telesco Associates consistingof sheets dated stamped received by the City of Miami Hearing Boards on March 22, 201$. 2. The us/-, 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 ny 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. E11even Miami 1 File No. 3951 Page 8 of 9 SUBSTITUTED I 4. Any noise generated on site shall comply with Chapter 36 of the City Code noise regulat/n. 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 i the revocation of the Permit. U—acquline,)9llis Chief LavidiDeveiopment Elleven Miami 1 Fife No. 3951 Page 9 of 9 Januar\ 24. 201 I on\ Kccio 2525 Ponce (le Leon Suite 7110 Coral ( iahlc;. IA „1 34 Re: ?O Nk I I" Street Folio 111-31:7-1131-0040 Deal \Ir. Rccio: SUBSTITUTED L i t tj IIf 341tctriTt r:1... .,t, rx• Legal Description: NII.\\1 ORI I I Sl 11 IT 13-4I \\ i()I I OF I.01 4 t1. V I IOIS5&6131 K I Pul',l:alll to \tMY ICltel-(LIMI I)CCCIIII,CI. 13. 2012 retlueslin Mi1111g, \CI'14 catit'll Ior tilt aho\e-I11e1111o11C11 prol,ert\, and ill Il',polhe to ,Still 1t(,I(iC,t, plea>c he a(I\ lie of the 101lo\\ ing": 1110 Cltrl'C11t /ol)lll'_' (le;l`sllalloll of the Nile 1; I (, (,l)a ( LI'hall Core /onc). \\ill Conlirin that the ;uhjeet properly i; / I1C(I 16-60 Open and i; Iocate(I \\ ithin till: Southea,l \erttm ti Pal•kwc,i alta. I lie'.(Ihiccl propCrt\ CIIrrCllll\ t+I,CralCtl it-, all "a(11111 CntCl-lalilincIll Ill_lltcllli, Under the Ira& Millie *(iol(1 IZllill' 1,11rsttalll ) ('el-lificaw UI t ;e Nm 19254h nisl INsue(V till .\lIpst It). ?o+l.. \Ilhuu�h "a(lult entertainnwnt" k O Current(\ perlllitte(I in the 16 -ht) Opcn trall;cct. it \\as a pernli;;ihle eon(litional u,e (h� ,peeial rmit at,4,rO\al► un(ler the C'-2 /unin r and Section 4-I lli►(5) til the Code prior to a change to the land c\taol,nlCnt reIulilt irtu oil April 23. 2001 4,1u-;uant to Ordinance No I I t)l O. The propert� \\a, iS�IIC( lC C'la„ II ,peeial permit \o;. l)1)-1)'5-4 and 01 A 23 for the "salt clllelt.iiiii 1el1t u c and 1\ai ;uh0 1llCntl\ i�SIICd I;wilding Permit No. M-5012035 to implement sUch apl,m\ai. Rased on [Ilii pernlitti _ hi.tor... and the Cla.'; 11 special permit appro\al prc-dating Ordinance No. 1 1910. the "adult entcita' nwnt" use \\a., Icgall\ cstahli;hcd. It i; therefore con�idcrcd a Icgall\ nolleonl6n-nlin_ ll�C under NI nli ?l. Plrl'-�tlalll to Section 70 a. lite no lconkirmints u,e ina\ C011t11rlIC I'm- 20 \Cal' front the efl'cel \e (tale of \15Mi ? 1 ( \Ian Iu?l 1)). Upon application. the C'lt\ C"mnli„ion ma\• grant an a(Itl kcal c�tcnsi ri t,f up to t\\cnt\ 1_'11�e r,. Interior renrnill ion; and Itnlo(Icling are permissible by riow and the use Ina; he eMeilded w an\ ,rtion of the huilding nlanilCSII� (le;i,rned 101- such use. In this in,taneC the entire huil(limsi; (le\o •(I to the a(lult entertainment use. nlcanhw all of the Ilonr area. incl(lin�s uapprt,�inlatel\ .11l)t) ,(Iuare "Ct o1� seeond !lour space, nla\ he (le\olC(I to the a(lull edict ainnlent use and such space nu) he alio ated an\\\here Whin the four exterior \\"ally of the structure ineludi T a re(le;isned second floor or 11 or,. F'Xlcrior rellovations and alleralloll, to the hull till,_' Illi(\ he Made to 1110 Structure pro\ ide(4 le,; llli 50"o of the floor area Containill�_, the noncoillorillillu 11,C k altered thereh\" pursuant to all loll �.l \+, ,I .. rt:.,.• !a It:u �h ,'r• 11 ., In 1'I r"� �. ri r �, r: i1, +.It u• i r J. i • . SUBSTITUTED Tull. RCCio Januar) 24. ?01 3 Re: 29 NE 1 Ith Street Legal Description: N11AN11 NORTII SU13 IX 13-41 NAlo 01-313740314rn)40 W 50 1'T OF I.O'1 4 & :SLI. [ 01"S 5 & h J11,K 3 Based tin a limited rc\ic\\ ul'tIIC sur\C\ :Incl tits card. tile,truCture appear, to h a legall) I1t,11conlorllling struCturC a, \\ell as it doe, not meet setback requirCnlCnts under Nlianli ? 1. S • ion T2 3.b ul• Nfianli ? f pro\ ides that the noticonlorntin_, condition nla\• be expanded in in e\pansi\ that increases the total floor 11'ea ofthe structure by ICSS than 5c)"�, or we existing flour area aticr t.s ption appru\'ill. I:xpansluns of the building h\' �U or nxlte or the existim, fluor arca are permissil e only if the punion of the ne\c addition that exceed; the floor arca threshold conlornh with \liami ? . Reedlllg the nonCunlitrnlin, tut: and nonconfornlin__ su'ucuu'C 'o\ inions tu�_ct{tcr \ic{d; the li,lltM illg optioll5 fol` rtaltt\'atl\tll: �nteriorrenrnations ul exi,lin,� atrucuut arC pernlitled h\' rig, Expansions of cxi;tinj, Structure that do not enlarge Me le, ll nonconli,rnling use are perndued ;uhiect to the fi,llo\\'ing: ops Amb orwe Coming structure that meet \liand ' :ire pern kAble b\' HOU. I:xpan�iun; that extend a nonconli,rnlin" Condition e.g. sethack;) nm) be made pro\ided the expansion increases turd fluor area by ICss (11.11150" "� of the Isom, flout' arca h\ Exception. Exterior alteration. to the structure (e.g. ta4a( ellhanectncnt:. relocation of entrances, Cie.) that aflect Ins l hall �I l° n of the exl,llll_, fiuul' al'ea til lhC t,IlCttllft,l'tllltl ' Uie Ilia)' he perllllllt d b\' I:xt CpllUll P1.11",Lla It to SCCttolt 7.3.2.1), a I101lCollltlr'I Ill,, 5tl'LtCtLIl-e Illi\' he I'CCttllitrtlCled It tl1C SI1-11ChIPC iS dC41'0\'elf h\ natural disaStCr. Cxplo,ion. lire. : or (god. 01' tile puhtiC Crtenl\. pru\idCd Wai\Cr appl'o\al i, obtained. Scetion 7.2.2.c I'CquirCb a arrant to reestahlish the legal nonc0nli0rnlill,1 uSC alter the StruCturC is dnlru\'Cd h)' naunal disaster explosion, tire. act of 60d. ur the public Cnenl\, pro\idCd the nt�tlt )ntt�llillll!, flit: I, 11Ott,ed 1 a Ct,llll1l'lllltl'_' StrllCtllre or equal lir lesser size oil the same lilt, lir a nonconforming .utlCture rehui slier \1'ai\Cr appro\al. Both the \\'an'ant and the �1'ai\er 1111.1 -St hC appliCtl for \\ ithin 12 nwndis ufthe 'StrUdion C\ent. 1 Sincel-ON. XIrnah\ \lin. 1:; . tonin_, Adnlilti rater li\l:nit c: guru file SUBSTITUTED AERIAL PZ -19-649 EXCEPTION NW 13TH ST �! NE,1�3TH,ST ft Lu MM z "1 / 3 RgMp. NW 12TH•ST-�-/ ailr:�ss Vii. N'.. ��9 /,3g5ON s, MA;rAe _ { �195 r _ ;vim •; W E 11TH TER 11TH TER—a NE 11T TER Lu r rdiSAF IJW 11TH�ST ��w �r�,r4 NE 11�TH�ST — - - 1 yn � '�lL_!; X1,11{�� ' I • NE00TH�ST ALmLgk -.ii N ADDRESS:29 NE 11 ST 125 250 500 Feet C SUBJECT PROPERTY SUBSTITUTED MIAMI 21 (EXISTING) PZ -19-646 EXCEPTION NW 13TH;STU I I Dl Q` NE 13TH ST \~ U NWNW 12T S IJW 11TH ST I 1 ZTH ST iw Q NW 11TH TER <— z N 125 250 500 Feet U Q Lu z NEE11TH ST NE -10TH o i 1 _ NE,11TH•TER Lu z ADDRESS:29 NE 11 ST SUBJECT PROPERTY