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Resolution
Cny Hail
3500 Pan American
Drive
Miami, FL 33133
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File Number: 07-00796x Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD
AND THEREBY GRANTING A SPECIAL EXCEPTION WITH CONDITIONS AS
LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 6, SECTION 602.4, PERMITTED PRINCIPAL
USES AND STRUCTURES, TO ALLOW A SUPPER CLUB AS PER "C-1",
SUBJECT TO ALL APPLICABLE CRITERIA AND APPLICABLE LAW, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3015 GRAND AVENUE, #320 AND
#410, MIAMI, FLORIDA., PURSUANT TO PLANS ON FILE AND SUBJECT
FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING
CONDITIONS: 1) APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN WITH
THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR SHALL
REQUIRE A SEPARATE SPECIAL EXCEPTION: 2) IF THE PROPOSED FACILITY
IS OPERATED AFTER 2 A.M., SECURITY SHALL BE PROVIDED DURING THE
OPERATING HOURS BETWEEN 2 A.M. AND 5 A.M.; THE APPLICANT SHALL
SUBMIT A SECURITY PLAN, WHICH SPECIFIES THE NUMBER OF SECURITY
PERSONNEL AND LOCATIONS FOR SAID PERSONNEL TO BE POSTED, FOR
REVIEW AND APPROVAL BY THE PLANNING AND POLICE DEPARTMENTS,
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF USE AS A SUPPER CLUB; 3)
IF THE PROPOSED FACILITY IS OPERATED AFTER 2 A.M. THE APPLICANT
SHALL PROMOTE ONSITE PARKING FOR THE HOURS OF 2 A.M. THROUGH 5
A.M. BY PROVIDING A PARKING VOUCHER SYSTEM WITH REDUCED ONSITE
PARKING RATES FOR THOSE HOURS; 4) IN ORDER TO DISCOURAGE
ENFORCEMENT PROBLEMS WITH UNDERAGE PATRONS DURING
"NIGHTCLUB" HOURS, NO ONE UNDER THE AGE OF 21 SHALL BE
PERMITTED INTO THE CLUB BETWEEN THE HOURS OF 2 A.M. AND 5 A.M.; 5)
INCLUDE A FIFTH POLICE OFFICER IN SECURITY PLAN; AND 6) NO
EXTERNAL SPEAKERS WILL BE ALLOWED.
WHEREAS, the Miami Zoning Board at its meeting on July 9, 2007, Item No. Z,10, adopted
Resolution No. ZB 07-0066 by a vote of five to four (5-4), to GRANT the special exception, with
conditions, as hereinafter set forth: and
WHEREAS. on July 13, 2007, Katherine Komis timely filed an appeal of the decision of the Zoning
Board; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the recommendation of the Zoning Board, finds that 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 affirm the
City of Miami
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File Number 07-O'O'96A
recommendation of the Zoning Board and grant the Special Exception, with conditions, as hereinafter
set forth;
NOW. THEREFORE, BE lT RESOLVED BY THE COMMISSION OF THE CITY OF M AU,
FLORIDA:
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 recommendation of the Zoning Board to grant the Special Exception, with
conditions, is affirmed and the Special Exception granted, as listed in Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Article 6, Section 602.4, to allow a supper club
as per "C 1 ", subject to all applicable criteria and applicable law, for the property located at
approximately 3015 Grand Avenue, #320 and #410, Miami, Florida, legally described in attached
"Exhibit A;" pursuant to plans on file and subject to a time limitation of twelve (12) months in which a
building permit must be obtained; subject to the following conditions: 1) Approval of this Special
Exception shall run with this operator only; any changes to a different operator shall require a separate
Special Exception; 2) if the proposed facility is operated after 2 A.M., security shall be provided during
the operating hours between 2 A.M. and 5 A.M.; the Applicant shall submit a security plan, which
specifies the number of security personnel and locations for said personnel to be posted, for review
and approval by the Planning and Police departments, prior to the issuance of a certificate of use as a
supper club; 3) if the proposed facility is operated after 2 A.M., the Applicant shall promote onsite
parking for the hours of 2 A.M. through 5 A.M. by providing a parking voucher system with reduced
onsite parking rates for those hours; 4) In order to discourage enforcement problems with underage
patrons during "nightclub" hours, no one under the age of 21 shall be permitted into the club between
the hours of 2 A.M. and 5 A.M.; 5) Include a fifth police officer in security plan; and 5) No external
speakers will be allowed.
Section 3. The findings of fact set forth below are made with respect to the subject property:
a. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
project that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions herein:
(I) Site and Urban Planning:
Design Review Criteria Applicability Compliance
(1) Respond to the physical Yes. *Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Sitting should minimize the Yes. *yes.
impact of automobile parking
and driveways on the
pedestrian environment
and adjacent properties;
City 0fs�r1wmi
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Number: 07-00796x
(3) Buildings on corner Yes_ *Yes.
lots should be oriented to
the corner and public
street fronts.
(II) Architecture and Landscape Architecture:
Design Review Criteria Applicability Compliance
(1) A project shall be Yes. *Yes.
designed to comply with
all applicable landscape
ordinances;
(2) Respond to the Yes_ *yes.
neighborhood context;
(3) Create a transition in Yes_ *Yes.
bulk and scale;
(4) Use architectural styles Yes. *Yes.
and details (such as roof
lines and fenestration),
colors and materials
derivative from surrounding
area;
(5) Articulate the building Yes. *yes.
facade vertically and
horizontally in intervals that
conform to the existing
structures in the vicinity.
(III) Pedestrian Oriented Development:
Design Review Criteria Applicability Compliance
(1) Promote pedestrian Yes. *Yes.
interaction;
(2) Design facades that Yes. *Yes.
respond primarily to the
human scale:
(3) Provide active, not Yes. "Yes.
blank facades. Where
blank walls are
unavoidable, they should
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Hie Number.. `' OO795x
receive design treatment.
V S eetsca e and CS erg S ac
Design Review Criteria
(1) Provide usable open
space that allows for
convenient and visible
pedestrian access from the
public sidewalk;
Applicability Compliance
Yes. *Yes.
(2) Landscaping, including Yes. *Yes.
plant material, trellises,
special pavements, screen
walls, planters and similar
features should be
appropriately incorporated
to enhance the project.
(V) Vehicular Access and Parking:
Design Review Criteria Applicability Compliance
(1) Design for pedestrian and Yes. *Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes. *Yes.
as district buffer.
LVI) Screening:
Design Review Criteria Applicability Compliance
(1) Provide landscaping that Yes. *Yes.
screen undesirable elements.
such as surface parking lots.
and that enhances space and
architecture:
Ci{y of Miami
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File Number: 07-00795x
(2) Building sites should locate Yes, *Yes.
service elements like trash
dumpster, loading docks, and
mechanical equipment away
from street front where possible.
When elements such as
dumpsters, utility meters,
mechanical units and service
areas cannot be located away
from the street front they should
be situated and screened from
view to street and adjacent
properties;
(3) Screen parking garage Yes. *Yes.
structures with program uses.
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
(Vil) Signage and Lighting:
Design Review Criteria Applicability Compliance
(1) Design signage appropriate Yes. *Yes.
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. *Yes.
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
properties;
(4) Provide visible signage Yes. *yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
City f)f Miami
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(VI1fl Preservation o Natura Features:
Design Review Criteria App cability
(1) Preserve existing vegetation Yes,
and/or geological features
whenever possible.
(IX) Modification of Nonconfor hies:
Design Review Criteria
(1) For modifications of
nonconforming structures,
no increase in the degree
of nonconformity shall be
allowed;
Applicability
Yes.
Compliance
*Yes.
Gornoliance
*Yes.
(2) Modifications that Yes. *Yes.
conform to current regulations
shall be designed to conform
to the scale and context of
the nonconforming structure.
*Compliance is subject to conditions.
These findings have been made by the City Commission to approve this project with conditions.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:-'
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnots:
{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 raf Miami
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