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File ID: #8297
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Resolution
Sponsored by: Commissioner Ken Russell
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2)
TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY
LOCATED AT 1368 NORTH MIAMI AVENUE, MIAMI, FLORIDA PURSUANT TO
SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL
FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO ALLOW
EVENTS, SUBJECT TO THE CONDITIONS STATED HEREIN, RELATED TO FOOD,
ART, AND ENTERTAINMENT FROM DECEMBER 14, 2020 TO DECEMBER 14, 2021
WITH EACH EVENT ENDING BY 12.00 AM.
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11 eA Legislation Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-20-0407
File Number: 8297 Final Action Date:12/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2)
TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY
LOCATED AT 1368 NORTH MIAMI AVENUE, MIAMI, FLORIDA PURSUANT TO
SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL
FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO ALLOW
EVENTS, SUBJECT TO THE CONDITIONS STATED HEREIN, RELATED TO FOOD,
ART, AND ENTERTAINMENT FROM DECEMBER 14, 2020 TO DECEMBER 14, 2021
WITH EACH EVENT ENDING BY 12.00 AM.
WHEREAS, Tomorrowland, LLC ("Applicant") wishes to hold food, art, and
entertainment related temporary events at 1368 North Miami Avenue, Miami, Florida
("Property") from December 14, 2020 through December 14, 2021; and
WHEREAS, pursuant to Section 62-521 of the Code of the City of Miami, Florida, as
amended ("City Code"), temporary events are limited to no more than two (2) events per year
per private property for no longer than two (2) weeks per event; and
WHEREAS, pursuant to Section 62-521(b)(4) of the City Code, the number and time
limitations for temporary events may be waived upon an affirmative vote of the City
Commission; and
WHEREAS, because the Property is within the Arts and Media Entertainment District,
the requested waiver by the Applicant pursuant to Section 62-521(b) of the City Code is
appropriate for consideration; and
WHEREAS, notwithstanding the issuance of this waiver pursuant to Section 62-521(b) of
the City Code, music decibel levels shall be reduced for special events held at the Property after
11:00 p.m. and all noise must comply with Chapter 36 of the City Code; and
WHEREAS, food, art, and entertainment related temporary events at the Property for an
extended period of time would be beneficial to the City of Miami's residents and local
businesses; and
WHEREAS, the property is not abutting a T3 Transect Zone; and
WHEREAS, the decision to grant this waiver shall not be used as a basis to grant a
waiver again for this Property; and
WHEREAS, the decision to grant this waiver shall not be used as a basis to grant
unrelated waivers at any other properties and thus the facts relied upon to grant this waiver are
unique to the particular situation at this time; and
WHEREAS, three (3) or more violations issued at the Property related to noise in
violation of Chapter 36 of the City Code shall effectuate a rescission of this approval and this
waiver shall be deemed null and void;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Pursuant to Section 62-521(b)(4) of the City Code, titled "Planning and
Zoning/Planning and Zoning Approval for Temporary Uses and Occupancies; Permit Required,"
the two (2) temporary events per year, per property limitation is hereby waived to allow food, art,
and entertainment related temporary events which shall not extend beyond 12:00 a.m. at the
Property beginning December 14, 2020 and ending December 14, 2021 with the following
conditions:
a. The temporary events for this wavier are to be held outside and not inside the
structure on the Property;
b. The Property will need to be in full compliance with no outstanding violations of the
City Code in order to be eligible for a Temporary Event Permit ("Permit");
c. The Applicant is required to obtain a Permit and pay any and all fees for each
applicable temporary event;
d. Each Permit remains limited to a maximum of two (2) weeks each;
e. After 11:00 p.m., music decibel levels shall be reduced for any special events held at
the Property and all noise must comply with Chapter 36 of the City Code; and
f. Three (3) or more violations of Chapter 36 of the City Code shall effectuate
rescission of this waiver.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 12/1/2020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.