HomeMy WebLinkAboutResolution 2025-340422025-34042
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROViNv ON A FIVE -SEVENTHS (5/7THS)
VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING HELD
PURSUANT TO SECTIONS 7.2.16.2.A.2, 7.2.16.3.H., AND 7.5.6.4.A.5 OF THE
LAND DEVELOPMENT REGULATIONS, THE PROPOSED
ENTERTAINMENT USE REQUESTED BY OPEN VISION ONE, LLC, THE
TENANT AT THE ANCHOR SHOPS AND GARAGE, LOCATED AT 1S50
COLLINS AVENUE, SUITE NOS. 3-4, WHICH IS LOCATED WITHIN THE
GOVERNMENT USE (GU) ZONING DISTRICT, SUBJECT TO THE TENANT'S
COMPLIANCE WITH THE CONDITIONS OF APPROVAL SET FORTH IN THIS
RESOLUTION.
WHEREAS. on January 13, 2023, the Miami Beach Redevelopment Agency (the 'RDA"
or 'Landlord*) entered into a Lease Agreement with Open Vision One, LLC (the "Tenant," dba
'Cave 305') for the use of approximately 4,236 square feet of ground -floor space at 1550 Collins
Avenue, Suites 3-4 (the "Property"), to develop and operate a fine dining restaurant; and
WHEREAS, following lease execution, the RDA approved a series of amendments,
including an adjustment to the outdoor dining concession fee and extensions of the rent
abatement period to address permitting and construction delays, during which time the Tenant
remained responsible for operating expenses; and
WHEREAS, upon completion of buildout sufficient to commence service, Cave 305
opened for business on July 30, 2025, and has since operated as an upscale, modem restaurant
with daily service; and
WHEREAS, in order to enhance the dining experience with a supper club -style offering,
the Tenant now seeks City Commission approval of an entertainment use within the existing
indoor restaurant premises, consisting of background/ambient amplified music and occasional
live performances at an ambient volume level (.e., a level that does not interfere with normal
conversation); and
WHEREAS, the Property is located in a Government Use (GU) zoning district, and
pursuant to Sedans 7.2.16.2.a.2, 7.2.16.3.h, and 7.5.5.4.a.5 of Me Land Development
Regulations, the Tenant is required to obtain City Commission approval of the proposed
entertainment use on the Property; and
WHEREAS, at least 15 days prior to the hearing, notice of the public hearing was
published in a newspaper of general circulation, posted on the Property, and mailed to owners of
land lying within 375 feet of the Property; and
WHEREAS, the Tenant has agreed to implement operational safeguards to mitigate any
impacts of the proposed entertainment use, as follows.
1. The entertainment use shall be limited to the indoor areas of the Property at all times;
2. The Tenant shall take all necessary steps to ensure that all sound produced by or
associated with the entertainment use remains fully confined to the interior areas of the
Property and is not audible from the exterior of the Property, including, but not limited to,
using volume controls and sound management to minimize sound spillover, and ensuring
all windows and doors remain closed at all times when the entertainment is utilized;
3. The Tenant will operate the establishment, during all hours of operation, exclusively as a
restaurant preparing aad serving food with a full kitchen, and at no ufr.e will the Tenant
operate the establishment as a stand-alone bar, and
4. The Tenant will maintain appropriate staffing and security for orderly ingress and egress,
host -managed entry along Collins Avenue, and maintenance of adjacent areas; and
WHEREAS, based upon the agreed upon operational safeguards, the City Manager
recommends approving the proposed entertainment use requested by the Tenant.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CRY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve on a five -sevenths (5/7ths) vote, following a duty noticed public
hearing held pursuant to Sections 7.2.16.2.a.2, 7.2. 16.3.h, and 7.5.5.4.a.5 of the Land
Development Regulations, the proposed entertainment use requested by Open Vision One, LLC,
the Tenant at the Anchor Shops and Garage, located at 1550 Collins Avenue, Suite Nos. 3-4.
which is located within the Government Use (GU) zoning district, and which approval shall be
subject to the following conditions
1. The entertainment use shall be limited to the indoor areas of the Property at all times;
2. The Tenant shall take all necessary steps to ensure that all sound produced by or
associated with the entertainment use remains fully confined to the interior areas of
the Property and is not audible from the exterior of the Property, including, but not
limited to, using volume controls and sound management to minimize sound spillover,
and ensuring all windows and doors remain closed at all times when the entertainment
is utilized;
3. The Tenant will operate the establishment, during all hours of operation, exclusively
as a restaurant preparing and serving food with a full kitchen, and at no time will the
Tenant operate the establishment as a stand-alone bar, and
4 The Tenant will maintain appropriate staffing and security for orderly ingress and
egress, host -managed entry along Collins Avenue, and maintenance of adjacent
areas.
PASSED and ADOPTED this /7 day of DCCLrAIIWO' 2025.
ATTESTS
/ \' Steven Meiner, Mayor
Rafael E. Granad'o, City Clerk ncr , 2 2025
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APPROVED AS TO
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City Attorney�t't�� Date
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Resolutions R7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 17, 2025 2:20 p.m. Public Hearing
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING ON A FIVE -SEVENTHS (577TH) VOTE,
FOLLOWING A DULY NOTICED PUBLIC HEARING HELD PURSUANT TO
SECTIONS 7.2.16.2.A.2, 7.2.16.3.H., AND 7.5.5.4.A.5 OF THE LAND
DEVELOPMENT REGULATIONS, THE PROPOSED ENTERTAINMENT USE
REQUESTED BY OPEN VISION ONE, LLC, THE TENANT AT THE ANCHOR
SHOPS AND GARAGE, LOCATED AT 1550 COLLINS AVENUE, SUITE NOS. 3-4,
WHICH IS LOCATED WITHIN THE GOVERNMENT USE (GU) ZONING DISTRICT,
SUBJECT TO THE TENANT'S COMPLIANCE WITH THE CONDITIONS OF
APPROVAL SET FORTH IN THIS RESOLUTION.
The Administration recommends that the Mayor and City Commission approve, by a five -sevenths
(517ths) vote, the proposed entertainment use requested by Open Vision One, LLC.
On January 13, 2023, the Miami Beach Redevelopment Agency (the "RDA" or "Landlord") entered
into a Lease Agreement with Open Vision One, LLC (the "Tenant," d/b/a "Cave 305") for
approximately 4,236 square feet of ground -floor space at 1550 Collins Avenue, Suites Nos. 3-4
(the "Property"), to develop and operate a fine dining restaurant. Following the lease execution,
the RDA approved a series of amendments, including an adjustment to the outdoor dining
concession fee and extensions of the rent abatement period to address permitting and
construction delays, during which time the Tenant remained responsible for operating expenses.
Upon completion of buildout sufficient to commence service, Cave 305 opened for business on
July 30, 2025, operating as an upscale, modern restaurant. To enhance the dining experience
the Tenant has submitted a Letter of Intent (Exhibit A) and Operations Plan (Exhibit B), requesting
City Commission approval for ancillary entertainment within the existing indoor restaurant
premises, consisting of backgroundlambient amplified music and occasional live performances at
an ambient volume level (i.e., a level that does not interfere with normal conversation).
ANALYSIS
The Property is located within the Government Use (GU) zoning district. Pursuant to Sections
7.2.16.2.a.2, 7.2.16.3.h., and 7.5.5.4.a.5 of the Land Development Regulations, the proposed
entertainment use requires City Commission approval following a duly noticed public hearing. At
least 15 days prior to the hearing, notice of the public hearing was published in a newspaper of
2443 of 3458
general circulation, posted on the Properly, and mailed to owners of land lying within 375 feet of
the Property.
The Tenant has agreed to implement operational safeguards to mitigate any impacts of the
proposed entertainment use, as follows:
1. The entertainment use shall be limited to the indoor areas of the Property at all times.
2. The Tenant shall take all necessary steps to ensure that all sound produced by or
associated with the entertainment use remains fully confined to the interior areas of the
Property and is not audible from the exterior of the Property, including, but not limited to,
using volume controls and sound management to minimize sound spillover, and ensuring
all windows and doors remain closed at all times when the entertainment is utilized.
3. The Tenant will operate the establishment, during all hours of operation, exclusively as a
restaurant preparing and serving food with a full kitchen, and at no time will the
Tenant operate the establishment as a stand-alone bar.
4. The Tenant will maintain appropriate staffing and security for orderly ingress and egress,
host -managed entry along Collins Avenue, and maintenance of adjacent areas.
Based on the agreed upon operational safeguards, the City Manager recommends approving the
proposed entertainment use requested by the Tenant.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: httys://www.miamibeachff.00v/city-hall/city- lerkimeeting-notices!
FINANCIAL INFORMATION
CONCLUSION
The Administration recommends that the Mayor and City Commission, on a five -sevenths (5/7ths)
vote, following a duly noticed public hearing held pursuant to Sections 7.2.16.2.a.2, 7.2.16.3.h,
and 7.5.5.4.a.5 of the Land Development Regulations, the proposed entertainment use requested
by Open Vision One, LLC, the Tenant at the Anchor Shops and Garage, located at 1550 Collins
Avenue, Suite Nos. 3-4. which is located within the Government Use (GU) zoning district.
Applicable Area
South Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2.177 Project?
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M
Was this Aaenda Item initially requested by a lobbyist which, as defined in Code Sec. 2.481,
includes a Principal enpaaed in lobbying? Yes
If so, specify the name of lobbyist(s) and principal(s): Monika H. Entin, MHE Law PA
Department
Facilities and Fleet Management
Soonsorts)
Co-sponsor(s)
Condensed Title
2:20 p.m. Approve Entertainment Use Requested by Open Vision One, Anchor Shops/Garage.
FF 5/7
Previous Action (For City Clerk Use Only)
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August 18, 2025
Mr. Ozzie Dominguez, CSM
Director of Asset management
Facilities and Fleet Management Dept.
City of Miami Beach
1833 bay Road, 2' Floor
Miami Beach, Florida 33139
Re: Letter of Intent for a Conditional Use Permit for an Entertainment/Supper Club
Establishment for the Property Located at 1560 Collins Avenue, Miami Beach
Dear Ozzie:
As you know, this law firm represents Open Vision One LLC, dba Cave 305 (the
"Tenant/Applicant') with regard to the above -referenced property (the "Property"). Please allow
the following serve as a letter of intent in connection with a request for Conditional Use Permit
(CUP) for an Entertainment Establishment/supper club establishment at the Property.
Description of the Property. The Property is located on the south side of 16' Street
between Collins and Washington Avenues, in the GU, Government Use, zoning district. It is
also located within the Ocean Drive/Collins Avenue Local Historic District and the Miami Beach
Architectural District in the National Register of Historic Districts. Miami -Dade County
identifies the property by Folio No.: 02-3234-019-1090. Pursuant to the Miami -Dade County
Property Appraiser, the property is approximately 261,800 square feet and houses a five -story
structure. The top four (4) levels of the structure house a parking garage, while the ground Boor
provides for commercial uses. This request pertains to suites 3 and 4, the Property.
This Property is located in an established commercial corridor of the City. It is
surrounded on all sides by commercial uses and is contained within a parking garage structure.
Across Collins Avenue, to the east of the Property is the Loews Hotel, with all of its restaurants
and commercial establishments, while across 16" Street to the North is the Hyatt Centric Hotel,
with its commercial amenities. To the south is the Tropics Hotel. Directly adjacent, to the west,
is Yuca 105, another restaurant located in the district.
Description of Proposed Development. This proposal directly responds to the City
Commission's desire to incorporate supper clubs in the City. The Applicant is proposing an
upscale, modem, restaurant where hospitality is incorporated into every dining experience. The
menu has been curated be curated with the taste and style of Miami Beach; serving breakfast
daily from 9:00 AM to 1:00 PM , Lunch l 1 am — 6 pm . An early happy hour to start off the
dinner hours, Dinner will run from 6:00 PM to 2:00 AM. It will be a sensory destination where
you can indulge your appreciation for enticing flavors and good service. Grounded in its Serbian
and Balkan roots, Cave 305 will be an experience in upscale dining.
M
3
LAW PA 7950 NW 53RO STREET. . SUITE 337•MIA 2446 Of 3458 OS-542-3445•MONIKA@MNELAWPACOM
Mr. Ozzie Dominguez, CSM
August 18, 2025
Page 2 of 6
The design concept seeks to create a level of elegance while at the same time creating a
feel of comfort. Tables encircle the room, creating public spaces and private niche areas.
Amplified music, at a level that allows for patron conversations, is proposed for the
venue. From time to time, live musical performances will be incorporated into the experience.
The performances will incorporate anything from violins and guitars to wind instruments.
Background level music will be a foundation of the mood created for the space. The music will
be continuous throughout the evening, whether through the incorporation of a live band or
technician that has created a playlist for the space.
The intent is to create an upscale, dining experience, where food, performance, and
ambience all come together to stimulate the senses.
Thee proposed hours are w follows:
Operating Hours
Sundays - Saturdays 1 9:00 AM — 2:00 AM
This proposal will be an experience for the senses and will be a great addition to the
neighborhood. It also complies with the requirements set forth in the City's Code.
Satisfaction of Conditional Use Permit Review Criteria. The Applicant's request
satisfies the Conditional Use Standards in Section 2.5.2.2 of the Code of the City of Miami
Resiliency Code (the "Code") as follows:
(1) The use is consistent with the comprehensive plan or neighborhood plan if
one exists for the area in which the property is located.
Restaurants and entertainment establishments are consistent with the comprehensive plan
and the GU zoning district permits neighborhood impact establishments through
Commission approval, consistent with 7.5.5.4. a. 5 of the Code.
(2) The intended use or construction will not result in an impact that win exceed
the thresholds for the levels of service as set forth in the comprehensive plan.
The proposed establishment will not result in an impact that will exceed the threshold
levels of service for this commercial corridor.
(3) Structures and uses associated with the request are consistent with these
land development regulations.
The existing structure and proposed establishment are consistent with the commercial
corridor and the City's land development regulations (LDRs).
7950 NW 53"0 STREET.. SUITE 337. MIANII; F77 iSM5%05-562-3445 • MONIKA@MHELA W PA.COM
Mr. Ozzie Domingu , CSM
August 18, 2025
Page 3 of 6
(4) The public health, safety, morals, and general welfare will not be adversely
affected.
The Applicant understands how to operate a successful venue without imposing negative
impacts on the surrounding neighborhoods, as is reflected in the proposed Operational
Plan which has been submitted under separate cover, and is made a pan hereof by
reference. The intended use for the space is appropriate for this commercial corridor of
Miami Beach.
(5) Adequate off-street parking facilities will be provided.
The property is located on the ground level of a structure containing a parking garage. .
There is ample parking within the facility to satisfy the needs of the operator. This will
more than satisfy the needs of the Applicant. The Applicant also anticipates that many
patrons will walk to the establishment after visiting area businesses or use ride shares.
(6) Necessary safeguards will be provided for the protection of surrounding
property, persons, sad neighborhood values.
The Applicant is taking every measure to ensure that all the necessary safeguards are in
place to protect neighboring properties. The Applicant has worked to ensure that there
is no sound spillover, or if any spillover results, that it will be minimal. Furthermore, the
Applicant's staff will maintain patron areas and adjacent rights of way to protect the
surrounding areas.
(7) The concentration of similar types of uses will not create a negative impact
on the surrounding neighborhood. Geographic concentration of similar
types of conditional uses should be discouraged.
While numerous businesses exist in the neighborhood, a shift has occurred over the last
few years seeing the loss of many quality restaurants and similar gathering
establishments. The Applicant seeks to rectify that deficit through the introduction of
high -end, dining experience. As such, there will not be any negative impact on the
surrounding uses.
(9) The structure and site comply with the sea level rise and resiliency
review criteria in chapter 7, article 1, as applicable.
Resiliency criteria met pursuant to the regulations noted below.
(9) Appropriate consideration is given to the safety of and friendliness to
pedestrian traffic; passageways through alleys is encouraged where
feasible and driveways shall be minimized to the extent possible.
7950 NW 53R0 STREET.. SUITE 337. MIAh FT-.9SW-705-542-3445 • MONIKA@MNELAWPA.COM
Mr. Ozzie Dominguez, CSM
August 18.2025
Page 4 of 6
The dEcor and clarity of the space will provide a sense of light and friendliness for the
pedestrian.
Satisfaction of Sea Level Rise and Resiliency Criteria. The proposed restaurant will
advance the sea level rise and resiliency criteria in Section 7.1.2.4 of the Code as follows:
A. A recycling or salvage plan for partial or total demolition shall be provided.
The Applicant will provide a recycling or salvage plan during permitting, if applicable.
B. Windows that are proposed to be replaced shall be hurricane proof impact
windows.
No new windows are proposed for the structure.
C. Where feasible and appropriate, passive cooling systems, such as operable
windows, shall be provided.
Noted, however, the structure is comprised of fixed window curtain walls
D. Resilient landscaping (salt tolerant, Resilient landscaping (salt tolerant,
highly water -absorbent, native, or Florida -friendly plants) shall be provided,
in accordance with chapter 4 in Land Development Regulations.
Not applicable, existing landscaping to remain.
E. The project applicant shall consider the adopted sea level rise projections in
the Southeast Florida Regional Climate Action Plan, as may be revised from
time-lo-time by the Southeast Florida Regional Climate Change Compact.
The applicant shall also specifically study the land elevation of the subject
property and the elevation of surrounding properties.
The subject project is contained within an existing structure. No changes to the exterior
of the existing structure, are proposed.
F. The ground Boor, driveways, and garage ramping for new construction shall
be adaptable to the raising of public rights -of -way and adjacent land, and
shall provide sufficient height and space to ensure that the entry ways and
exits can be modified to accommodate a higher street height of up to 3
additional feet in height.
Not new construction. This requirement is not applicable as the subject project is
proposed within an existing structure that does not provide for driveways or ramping.
G. As applicable to all new construction, all critical mechanical and electrical
systems shall be located above base flood elevation. All redevelopment
7950 NW 53"0 STREET.. SUITE 337. MIANII; FC•i3I66"&S-542-3445 • MONIKA@MHELAWPA.COM
Mr. Ozzie Dominguez, CSM
August 18, 2025
Page 5 of 6
projects shall, whenever practicable and economically reasonable, include
the relocation of all critical mechanical and electrical systems to a location
above base flood elevation.
Not new construction. This requirement is not applicable as the subject project is
proposed within an existing structure with existing mechanical and electrical systems
previously approved by the City.
H. Existing buildings shag wherever reasonably feasible and economically
appropriate, be elevated up to base flood elevation, plus City of Miami Beach
Freeboard.
The Applicant is a restaurant tenant within an existing structure and shall be retaining the
entire kitchen and bathroom areas with modifications only proposed for the dining area.
Therefore, this request would not be reasonably or economically feasible or appropriate
for this Applicant.
When habitable space is located below the base flood elevation plus City of
Miami Beach Freeboard, wet or dry flood proofing systems will be provided
in accordance with chapter 54 in General Ordinances.
The existing building is provided with flood barriers on all openings and glazing. The
new openings on the south side shall also be provided with flood barriers and the property
shall remain fully dry floodproofed.
J. As applicable to all new construction, stormwater retention systems shall be
provided.
Not applicable, not new construction. The proposed project is located within an existing
structure, and all existing stonmwater management structures shall remain.
K. Cool pavement materials or porous pavement materials shall be utilized.
Not applicable, not new construction. .
L. The design of each project shall minimize the potential for heat island effects
on -site.
Noted. The proposed project is contained within an existing structure and no expansion
of the footprint is proposed.
Conclusion. This establishment will fit the needs of the community. The granting of this
CUP for entertainment/supper club establishment will not have any adverse impact on the
surrounding community, but rather provide a benefit. We respectfully request your
7950 NW 534e STREET.. SUITE 337. MIAPA rCAr6 AOS-542-3445. MONIKA@MHELAWPA.COM
Mr. Ozzie Dominguez, CSM
August 19, 2025
Page 6 of 6
recommendation of approval of this request. If you have any questions or comments, please do
not hesitate to contact me.
Sincerely,
MHE LAW PA
Monika H. Entin
MHE
Enc.
7950 NW 53au STREET. • SUITE 337 • MIANII; F'AI6 AOS-542-3445 • MONINA@MHEIAWPA.COM
PAVE 305
OPERATIONS PLAN
I560 Collins Ave
Suite3&4
Open Vision One
City Commission Submission
2452 of 3458
TABLE OF CONTENTS
CONCEPT - I
SNEAK PEAK - 2
HOURS OF OPERATION - 3
STAFFING LEVELS 4
ACCESS & SECURITY - S
PARKING - 6
DELIVERIES AND COLLECTIONS -
2453 of 3458
CONCEPT
The concept is simple: provide an upscale, intimate, cultural experience,
with an emphasis on good food and service.
The menu will be curated with careful consideration to create a
tantalizing experience for your palate.
Live musical performances will be incorporated into the experience, as
will amplified music, which will be played at a level which will allow
guests to participate in active conversations.
Bench seating surrounds the main room, creating semi -private niche areas.
The design has been intrinsically scrutinized to provide a tasteful and cozy
atmosphere. The food, like the style, is simple but creates class and
elegance. The intent is to provide an easy, space to gather enjoy great
food, drinks, and music.
It is an experience for the senses.
2454 of 3458
HOURS OF OPERATIONS
Restaurant Operating Hours
Sundays - Saturdays 1 9:00 AM - 2:00 AM
Breakfast 1 9:00 AM - 1:00 PM
Lunch 1 11:00 AM - 6:00 PM
Happy Hour 1 4:00 PM - 6:00 PM
Dinner 1 6:00 PM - 2:00 AM
Live and Amplified Music
Sundays - Saturdays 1 7:00 PM -1:30 AM
2456 of 3458
STAFFING LEVELS
According to the hours of operation applied for under
this Conditional Use Permit, the Applicant expects to
staff a minimum of 16 employees for front of house
during peak hours, with 12- back of house staff. In
addition, a management team of 3-persons will be
part of the team.
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ACCESS AND SECURITY
The facility will be located near the southwest intersection of
Collins Avenue and 16th Street. Guests will gain access
through the main entrance located along Collins Avenue.
Once inside the space, the guest will be greeted by a
host/hostess, which will take the guests to their table.
Staff will be trained to provide security for the space and
will manage the overall security of the establishment.
The number of staff will depend on the day-to-day
operations and needs of the facilities.
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PARKING
Cave 305 will be located on the ground level of a main use
parking garage. While the Applicant expects that most of its
patrons will walk, bike, or use local car services, for those
patrons driving to the property, they are expected to use the
on -site parking garage.
No valet services are expected for this facility at this time.
Any future valet needs will be coordinated with existing
valet companies servicing the area.
2459 of 3458
DELIVERIES AND COLLECTIONS
All deliveries will occur during weekday hours between
9:00 AM and 1:00 PM through the designated loading area.
The Applicant will work with one of the City approved
waste collection companies for daily refuse collections.
Collections will occur daily between 8:00 AM and 5:00 PM.
All refuse will be wheeled from the air-conditioned,
enclosed garbage room, along the east of the venue through
the parking garage, to the existing loading. This is the same
location where refuse was collected for the prior occupant of
the space.
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