HomeMy WebLinkAboutLegislation aCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www_ci.miami.fi.us
File Number: 04-01385 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL AND AFFIRMING THE DECISION OF THE MIAMI
ZONING BOARD, THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, TO ALLOW A NIGHTCLUB IN THE "C-1" ZONING DISTRICT,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 697 NORTH MIAMI
AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A,"
PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME
LIMITATION OF EIGHTEEN (18) MONTHS IN WHICH A BUILDING PERMIT MUST
BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE
PLANNING AND ZONING DEPARTMENT: 1) PAINT COLOR SAMPLES AND
SIGN SPECIFICATIONS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL
BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY
BUILDING PERMIT, AND 2) APPROVAL OF THIS SPECIAL EXCEPTION SHALL
RUN WITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT
OPERATOR SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION, AND
FURTHER THE APPLICANT WILL RETURN TO THE MIAMI ZONING BOARD FOR
THE PURPOSE OF PROVIDING A STATUS REPORT EIGHTEEN (18) MONTHS
AFTER THE SPECIAL EXCEPTION HAS BEEN ISSUED. THE APPLICANT WILL
PAY ALL COSTS FOR PROVIDING NOTICE OF THE MEETING.
WHEREAS, the Miami Zoning Board at its meeting on November 8, 2004, Item No. 7, adopted
Resolution No. ZB 2004-0954 by a vote of four to one (4-1), GRANTING a special exception with
conditions as hereinafter set forth; and
WHEREAS, on October 7, 2004, Tony Recio, Esquire, on behalf of NMA Investments, Inc., the
applicant, has appealed the decision of the Miami Zoning Board; and
WHEREAS, the City Commission finds the application for the Special Exception meets the
applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in
the best interest of the general welfare of the City of Miami and its inhabitants to grant the Special
Exception as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2 Printed On: 1/11/2005
Fife Number: 0401385
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission denies the appeal, affirms the decision of the Miami Zoning Board
and thereby grants the Special Exception from Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, Article 4, Section 401, to allow a nightclub in the "C-1" zoning
district, for the property located at approximately 697 North Miami Avenue, Miami, Florida, more
particularly described in "Exhibit A," pursuant to plans on file with a time limitation of eighteen (18)
months in which a building permit must be obtained, subject to the following conditions by the Planning
and Zoning Department: 1) paint color samples and sign specifications shall be submitted for review
and approval by the Planning Department prior to the issuance of any building permit and 2) approval
of this special exception shall run with this operator only; any changes to a different operator shall
require a separate special exception. Further, the applicant will return to the Miami Zoning Board for
the purpose of providing a status report eighteen (18) months after the Special Exception has been
issued. The applicant will pay all costs for providing notice of the meeting.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. (1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ I
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 1/6/2005