HomeMy WebLinkAboutR-11-0537City of Miami
Legislation
Resolution: R-11-0537
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00911xc Final Action Date: 12/15/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS
LISTED IN ARTICLE 4, TABLE 3 OF ORDINANCE NO. 13114, AS AMENDED, THE
MIAMI 21 CODE OF THE CITY OF MIAMI, FLORIDA, AND CHAPTER 4 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS PERMITTED BY
EXCEPTION IN SPECIFIC TRANSECT ZONE D-2, TO ALLOW A SUPPER CLUB IN
TRANSECT ZONE D-2, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 55 NORTHEAST 24TH STREET,
MIAMI, FLORIDA.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on December 14,
2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-060 by a vote of
seven to zero (7-0), item no. PZAB. 4, recommending APPROVAL of the Exception requiring City
Commission approval as set forth; 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 Article 4, Table 3 of the Miami 21 Code, and Chapter 4 of
the Code of the City of Miami, Florida, as permitted by Exception in specific transect zone D-2, to
allow a supper club in transect zone D-2, subject to all applicable criteria, for the property located at
approximately 55 Northeast 24th Street, 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 is 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 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:
City of Miami
Page 1 of 4 File Id: 11-00911xc (Version: 2) Printed On: 10/26/2017
File Number: 11-00911 xc Enactment Number: R-11-05 37
DESIGN REVIEW CRITERIA
I) Site and Urban Planning:
(1) Respond to the physical contextual
environment taking into consideration
urban form and natural features;
(2) Siting should minimize the impact
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner lots should be
oriented to the corner and public
street fronts
Applicability Compliance
N/A
N/A
N/A
II) Architecture and Landscape Architecture: Applicability Compliance
(1) A project shall be designed to comply
with all applicable landscape ordinances; Yes Yes
(2) Respond to the neighborhood context;
Yes Yes
(3) Create a transition in bulk and scale; N/A
(4) Use architectural styles and details
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
(5) Articulate the building facade vertically
and horizontally in intervals that conform to
the existing structures in the vicinity.
N/A
N/A
III) Pedestrian Oriented Development: Applicability Compliance
(1) Promote pedestrian interaction; N/A
(2) Design facades that respond
primarily to the human scale; N/A
(3) Provide active, not blank facades.
Where blank walls are unavoidable,
they should receive design treatment.
IV) Streetscape and Open Space:
(1) Provide usable open space that allows
for convenient and visible pedestrian
access from the public sidewalk;
N/A
Applicability Compliance
N/A
City of Miami Page 2 of 4 File Id: 11-00911xc (Version: 2) Printed On: 10/26/2017
File Number: 11-00911 xc Enactment Number: R-11-05 37
(2) Landscaping, including plant material,
trellises, special pavements, screen
walls, planters and similar features
should be appropriately incorporated to
enhance the project.
N/A
V) Vehicular Access and Parking: Applicability Compliance
(1) Design for pedestrian and vehicular
safety to minimize conflict points; Yes Yes*
(2) Minimize the number and width of
driveways and curb cuts; N/A
(3) Parking adjacent to a street front
should be minimized and where possible
should be located behind the building;
N/A
(4) Use surface parking areas as
district buffer. N/A
VI) Screening:
(1) Provide landscaping that screen
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate 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 structures
with program uses. Where program uses
are not feasible soften the garage structure
with trellises, landscaping, and/or other
suitable design element.
VII) Signage and Lighting:
(1) Design signage appropriate for the
scale and character of the project and
immediate neighborhood;
Applicability Compliance
N/A
N/A
N/A
Applicability Compliance
N/A**
City of Miami Page 3 of 4 File Id: 11-00911xc (Version: 2) Printed On: 10/26/2017
File Number: 11-00911 xc Enactment Number: R-11-05 37
(2) Provide lighting as a design feature
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize
glare to adjacent properties;
N/A**
Yes Yes*
(4) Provide visible signage identifying
building addresses at the entrance(s)
as a functional and aesthetic consideration. N/A**
VIII) Preservation of Natural Features: Applicability Compliance
(1) Preserve existing vegetation and/or
geological features whenever possible. N/A
IX) Modification of Nonconformities: Applicability Compliance
(1) For modifications of nonconforming
structures, no increase in the degree
of nonconformity shall be allowed; N/A
(2) Modifications that conform to current
regulations shall be designed to
conform to the scale and context
of the nonconforming structure.
N/A
*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
These findings have been made by the City Commission to approve this project with conditions.
Section 4. This exception is granted subject to the following express conditions: (1) the supper
club must close at 5:00 a.m. This is a hard close which means the supper club must evacuate all
patrons and close its doors at 5:00 a.m., (2) a noise attenuation study shall be submitted by the
Applicant to the Planning Director. The noise attenuation study is subject to the approval of the
Planning Director and must demonstrate that the supper club can capture its noise within fifty (50)
feet of its door, and (3) the conditions required by Planning staff in the Planning Staff Analysis which
is incorporated by reference.
Section 5. 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 4 of 4 File Id: 11-00911xc (Version: 2) Printed On: 10/26/2017