HomeMy WebLinkAboutR-11-0037City of Miami
Legislation
Resolution: R-11-0037
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00926xc Final Action Date: 1/27/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS
LISTED IN CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED, "ALCOHOLIC BEVERAGES" AND ARTICLE 4, TABLE 3,
OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "BUILDING
FUNCTIONS: USES", AS PERMITTED BY EXCEPTION IN SPECIFIC TRANSECT
ZONE "T6-8 0", TO ALLOW A SUPPER CLUB IN TRANSECT ZONE "T6-8 0",
SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 8201-8207 BISCAYNE BOULEVARD, MIAMI, FLORIDA.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on October 20,
2010, following an advertised public hearing, adopted Resolution No. PZAB-R-10-050 by a vote of
seven to three (7-3), item no. 3, recommending APPROVAL with conditions of an Exception requiring
City Commission approval; and
WHEREAS, Chapter 4 of the Code of the City of Miami, Florida, as amended, requires City
Commission approval of an Exception; and
WHEREAS, the City Commission after careful consideration of this matter, finds the
application for Exception meets the applicable requirements of Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and deems it advisable and
in the best interest of the general welfare of the City of Miami and its inhabitants to approve the
Exception as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
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 Exception as listed in Chapter 4 of the Code of the City of Miami, Florida,
as amended, entitled, "Alcoholic Beverages" and Article 4, Table 3, entitled, "Building Functions:
Uses", of Ordinance No. 13114, the Miami 21 Code, as permitted by Exception in specific transect
zone "T6-8 0", to allow a supper club in transect zone "T6-8 0", subject to all applicable criteria, for
the properties located at approximately 8201-8207 Biscayne Boulevard, 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, is approved and the Exception granted.
Section 3. The findings of fact set forth below are made with respect to the subject
property pursuant to Article 4, Table 12, of the Miami 21 Code, the specific site plan aspects of the
City of Miami
Page 1 of 5 File Id: 10-00926.xc (Version: 3) Printed On: 9/26/2017
File Number: 10-00926xc Enactment Number: R-11-0037
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:
DESIGN REVIEW CRITERIA
I) BUILDING DISPOSITION: Applicability Compliance
1) Respond to the physical context taking into Yes
consideration natural features, existing urban
form and Transect Zone intentions.
Yes
2) For Buildings on Corner Lots, design Facades to Yes Yes
acknowledge all Frontages.
3) For modifications of nonconforming Structures. Yes Yes*
See Article 7, Section 7.2 for specific regulations
4) Create transitions in Height and mass with N/A
abutting properties and Transect Zones.
II) BUILDING CONFIGURATION: Applicability Compliance
1) Articulate the Building Facade vertically and Yes Yes
horizontally in intervals appropriate to the existing
Neighborhood and Transect Zone.
2) Articulate the Building Facade at street level to Yes Yes
recognize pedestrian continuity and interest, and
at upper levels to recognize long views of Buildings.
3) Use architectural styles and details (such as roof N/A
lines and fenestration), colors and materials
derivative from surrounding area.
4) Design Facades that respond primarily to human Yes Yes
scale.
5) Promote pedestrian interaction. Yes Yes
6) Design all walls as active Facades, with doors N/A
and windows; when not possible, embellish walls
with architectural design treatment.
7) Provide usable Open Space that allows for visible Yes
and convenient pedestrian access from the public
sidewalk.
Yes
City of Miami Page 2 of 5 File Id: 10-00926.xc (Version: 3) Printed On: 9/26/2017
File Number: 10-00926xc Enactment Number: R-11-0037
8) Building sites should locate service elements, Yes Yes
such as trash dumpsters, utility meters, loading
docks, backflow preventers, siamese connections
and electrical, plumbing, mechanical and
communications equipment away from a street
front. All service elements shall be situated and
screened from view to the street and adjacent
properties.
III) BUILDING FUNCTION & DENSITY: Applicability Compliance
1) Respond to the Neighborhood context and Yes Yes*
Transect Zone.
IV) PARKING STANDARDS: Applicability Compliance
1) Minimize the impact of automobile parking and Yes Yes*
driveways on the pedestrian environment and
adjacent properties, especially T3 areas.
2) For pedestrian and vehicular safety minimize Yes Yes*
conflict points such as the number and width of
driveways and curb cuts.
3) Minimize off-street parking adjacent to a Yes Yes
thoroughfare front and where possible locate
parking behind the Building.
4) Design landscaping or surface parking areas as Yes
buffers between dissimilar Uses.
5) Screen parking garage structures with Habitable N/A
Space. Where Habitable Space is not provided,
architectural treatments and landscaping shall
screen the garage structure.
Yes*
V) LANDSCAPE STANDARDS: Applicability Compliance
1) Preserve existing vegetation and/or geological N/A
features whenever possible.
2) Reinforce Transect Zone intention by integrating N/A
landscape and hardscape elements.
3) Use landscaping to enhance Building design and Yes
continuity of Streetscape.
4) Use landscape material, such as plantings, Yes
Yes*
Yes*
City of Miami Page 3 of 5 File Id: 10-00926.xc (Version: 3) Printed On: 9/26/2017
File Number: 10-00926xc Enactment Number: R-11-0037
trellises, pavers, screen walls, planters and
similar features, to enhance building design and
continuity of streetscape.
5) Provide landscaping that screens undesirable Yes Yes*
elements, such as surface parking lots, and that
enhances open space and architecture.
VI) SIGN STANDARDS: Applicability Compliance
1) Provide signage appropriate for the scale and N/A**
character of the project and immediate
neighborhood.
2) Provide functional and aesthetic signage N/A**
identifying Building addresses at the enterance(s).
VII) AMBIENT STANDARDS: Applicability Compliance
1) Provide lighting appropriate to the Building and N/A
landscape design ina manner that coordinates
with signage and street lighting.
2) Orient outdoor lighting to minimize glare to the Yes Yes*
public realm and adjacent properties.
3) Protect residential areas from excessive noise, Yes Yes*
fumes, ordors, commercial vehicle intrusion, traffic
conflicts and the spillover effect of light.
VIII) ADDITIONAL CONDITIONS AS DIRECTED BY CITY COMMISSION:
1) The proposed walls and partition assembly shall be constructed to meet a sound transmission class
of not less than 50 for airborne noise when tested in accordance with ASTM E90, as per Florida Buildi
Code Section 1207, Sound Transmission; 1207.2, Airborne Sound.
2) The applicant must submit a revised design to be approved by the Planning Department showing a
vestibule, which will allow the entry sequence always to be locked in and therefore prevent noise from
emanating from the establishment.
3) The establishment must cease serving alcohol at 3:00am.
4) The item will be reviewed by the City Commission in nine (9) months for review of complaints and c(
enforcement.
*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
City of Miami Page 4 of 5 File Id: 10-00926.xc (Version: 3) Printed On: 9/26/2017
File Number: 10-00926xc Enactment Number: R-11-0037
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}
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 5 of 5 File Id: 10-00926.xc (Version: 3) Printed On: 9/26/2017