R7F - Approve Open Vision One Entertainment

Resolutions R7 F

R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING ON A FIVE-SEVENTHS (5/7TH) 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. Applicable Area:

COMMISSION MEMORANDUM

DATE:

RECOMMENDATION

The Administration recommends that the Mayor and City Commission approve, by a five-sevenths (5/7ths) vote, the proposed entertainment use requested by Open Vision One, LLC.

BACKGROUND/HISTORY

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 background/ambient 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

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:

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: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-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

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged 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

Sponsor(s)

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)

RESOLUTION NO. -------

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING 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, 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 34 (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, modern 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 (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.h, 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 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 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 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. 2.

The entertainment use shall be limited to the indoor areas of the Property at all times; 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; 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 The Tenant will maintain appropriate staffing and security for orderly ingress and egress, host-managed entry along Collins Avenue, and maintenance of adjacent areas.

3.

4.

PASSED and ADOPTED this_ day of 2025.

ATTEST:

Steven Meiner, Mayor

Rafael E. Granado, City Clerk

APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION

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ity

Attorney