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HomeMy WebLinkAboutResolution 2025-34043RESOLUTION NO. 2025-34043 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING ON A FIVE - SEVENTHS (517THS) 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 CUBICHE 105, LLC (THE "TENANT") AT THE ANCHOR SHOPS AND GARAGE, LOCATED AT 1555 WASHINGTON AVENUE (THE "PROPERTY"), 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 December 29, 2015, the Miami Beach Redevelopment Agency (the "RDA" or "Landlord") entered into a Lease Agreement with Cubiche 105, LLC (the "Tenant," dba "Yuca") for the use of approximately 7,130 square feet of ground -Floor space at 1555 Washington Avenue (the "Property'), to develop and operate a restaurant; and WHEREAS, following lease execution, the RDA approved Amendments No. 1 and No. 2 for the abatement of past due rents and modifying rent payments to a percentage of sales versus fixed rents to address the impact of COVID-19 and the decline in foot traffic along Washington Avenue, during which time the Tenant remained responsible for operating expenses; 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 (i.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 Sections 7.2.16.2.a.2, 7.2.16.3.1h, and 7.5.5.4.a.5 of the 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 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 Washington 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 CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve 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 Cubiche 105, LLC (the "Tenant") at the Anchor Shops and Garage, located at 1555 Washington Avenue (the "Property"), 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 Washington Avenue, and maintenance of adjacent areas. PASSED and ADOPTED this 7 day of DeU0yJVr1 2025. ATTEST: Steven Meiner, Mayor Rafael E. Granado, City Clerk 2 2025 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION k,\ Clq Aticmay CW Resolutions - R7 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: December 17, 2025 2:21 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 (6/7THS) 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 CUBICHE 105, LLC (THE "TENANT") AT THE ANCHOR SHOPS AND GARAGE, LOCATED AT 1555 WASHINGTON AVENUE (THE "PROPERTY"), 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, on a five -sevenths (5/7ths) vote, the proposed entertainment use requested by Cubiche 105, LLC. BACKGROUND/HISTORY On December 29, 2015, the Miami Beach Redevelopment Agency (the "RDA" or "Landlord") entered into a Lease Agreement with Cubiche 105, LLC (the "Tenant," d/b/a "Yuca 105") for approximately 7,130 square feet of ground -Floor space at 1555 Washington Avenue (the "Property"), to develop and operate a restaurant. Following the lease execution, the RDA approved Amendments No. 1 and No. 2 for the abatement of past due rents and modifying payments to a percentage of sales versus fixed rents to address the impact of COVID-19 and the decline in foot traffic along Washington Avenue during which time the Tenant remained responsible for operating expenses. The Tenant submitted a written request (Exhibit A), Restaurant Layout (Exhibit B) and an Operations Plan (Exhibit C) for the City to approve ancillary entertainment within the existing indoor restaurant premises, consisting of background/ambient amplified music and occasional live performances at an ambient volume level. 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 general circulation, posted on the Property, 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, 2463 of 3458 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 Washington Avenue, and maintenance of adjacent areas. 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: hftos://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/ CONCLUSION The Administration recommends that the Mayor and City Commission approve, on a five -sevenths (5/7ths) vote, the proposed entertainment use requested by Cubiche 105. LLC, the Tenant at the Anchor Shops and Garage, located at 1555 Washington Avenue, 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 2-17? P■oiect? Yes No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department 2464 of 3458 Facilities and Fleet Management Sponsor(s) Co-sponsor(s) Condensed Title 2:21 p.m. PH, Entertainment Use Approval for Cubiche 105, LLC at Anchor Shops/Garage. FF 5/7 Previous Action (For City Clerk Use Ong 2465 of 3458 Exhibit A October 9, 2025 Via E-Mail(OzzieDomineuez(a-miamibeacbfLeov) Mr. Ozzie Dominguez, CSM Division Director Asset Management Division Facilities and Fleet Management Department 1833 Bay Rd, Miami Beach, FL 33139 Re: Cubiche 105 LLC — 1555 Washington Avenue, Suites 1-3, Miami Reach, FL Supper Club License Dear Mr. Dominguez: This law firm represents Cubiche 105 LLC ("Cubiche"). This letter shall serve as Cubiche's formal request for the City Commission to grant it a supper club license for its restaurant located at the above -referenced address. Cubiche's concept is designed to celebrate culture, cuisine, and community through elevated dining and curated performances by notable artists. This will be a unique addition to the area's hospitality landscape. SUnner Club Concept: Cubiche's supper club will blend the warmth of a communal dining experience with the sophistication of a fine restaurant. Guests will enjoy curated dining events featuring a fixed, high -end Cuban—Peruvisu fusion menu, emphasizing seasonal ingredients, local flavors, and an extensive wine and cocktail program. The intimate ambiance will encourage connection and conversation, with live music and performances thoughtfully integrated to complement the meal — enhancing, not overpowering, the dining experience. Live music and performance sound will be completely contained on property with doors and windows secured. Please find enclosed the layout of the restaurant showing where the stage will be. ONratine Hours: • Monday —Thursday: 12:0o p.m. — 12:00 am. • Friday: 12:00 p.m. — 2:00 a.m. • Saturday: 11:00 a.m. — 2:00 a.m. • Sunday: 11:00 am. — 12:00 a.m. 2466 of 3458 2467 of 3458 Exhibit B 2468 of 3458 J ■ �� �• ■ moon w •• n : momo ' pill.I71MI—mas - �— 2469 0f3458 AN c O N E 7 c O (n U) E E O U U 2470 of 3458 a d U C 0 0 O F 0 00 J N N C .v N 0 O 2 c C ca N n r� m Ri T F 7 U d to 06 N N N U U Q N 0 U d 0 U 06 Fe so 2471 of 3458 -0 'O C 07 (Li 4) L 1. 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