Loading...
HomeMy WebLinkAboutCC Legislation (Version 3)City of a Legislation Resolution Cny Hail 3500 Pan American Drive Miami, FL 33133 v,ww.miamigov.com 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 Page 1 of 6 Printed On: 10/26/2007 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 Page 2 of 6 Printed On: IO 26/. 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 Cn'y of !Main' Page 3 of 6 Printed On: 10/26/200 7 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 Page 4 of 6 Printed On: 16 26/2[}07 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 Page 5 of 6 Printed On: JO/26/2007 (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 Page 6 of 6 Printed On: 16/26/2007