HomeMy WebLinkAboutCC Legislation (Version 2) & ExhibitCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01047xc Final Action Date:
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,
ENTITLED, "ALCOHOLIC BEVERAGES" AND ARTICLE 4, TABLE 3, OF
ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ENTITLED, "BUILDING FUNCTIONS: USES", AS
PERMITTED BY EXCEPTION IN SPECIFIC URBAN CORE ZONE "T5-O", TO
ALLOW A SUPPER CLUB TO SELLALCOHOL UP TO 5:00 AM, SUBJECT TO ALL
APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY
59 NORTHWEST 36TH 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-11-061 by a vote of seven to
zero (7-0), item no. 5, recommending APPROVAL with conditions, which must be approved by the
Planning and Zoning Department prior to the issuance of any Building permits, of the Exception
requiring City Commission approval as follows: 1) Approval of this Exception shall run with this
operator only and any changes to a different operator shall require a separate Exception permit ; and 2)
The applicant shall provide proof of the lease and notify the City of Miami immediately if the required
lease or agreement is terminated; 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 Miami 21 Code, 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 requiring City Commission approval, as listed in Chapter 4 of the Code
of the City of Miami, Florida, entitled, "Alcoholic Beverages" and Article 4, Table 3, of the Miami 21
Code, entitled, "Building Functions: Uses", as permitted by Exception in specific Urban Core Zone
"T5-O", to allow a supper club to sell alcohol up to 5:00 am, subject to all applicable criteria, for the
property located at approximately 59 Northwest 36th 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.
City of Miami Page 1 of 4 File Id: 11-01047xc (Version: 2) Printed On: 1/13/2012
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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 applicable conditions herein:
DESIGN REVIEW CRITERIA
I) Site and Urban Planning: Applicability Compliance
(1) Respond to the physical contextual
environment taking into consideration
urban form and natural features; N/A
(2) Siting should minimize the impact
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
N/A
(3) Buildings on corner lots should be
oriented to the corner and public
street fronts. 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.
III) Pedestrian Oriented Development:
(1) Promote pedestrian interaction;
N/A
N/A
Applicability Compliance
Yes Yes
(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.
N/A
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IV) Streetscape and Open Space: Applicability Compliance
(1) Provide usable open space that allows
for convenient and visible pedestrian
access from the public sidewalk; N/A
(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; N/A
(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: Applicability Compliance
(1) Provide landscaping that screens
undesirable elements, such as
surface parking lots, and that
enhances space and architecture; N/A
(2) Building sites should locate service
elements like trash dumpsters, loading
docks, and mechanical equipment
away from street fronts 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 the 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 elements.
VII) Signage and Lighting:
N/A
N/A
Applicability Compliance
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(1) Design signage appropriate for the
scale and character of the project and
immediate neighborhood;
N/A
(2) Provide lighting as a design feature
to the building facade, on and around
landscape areas, special building or
site features, and/or signage; N/A
(3) Orient outside lighting to minimize
glare to adjacent properties; N/A
(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
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:
JULIE O. BRU
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 4 of 4 File Id: 11-01047xc (Version: 2) Printed On: 1/13/2012
EXHIBIT "A"
LEGAL DESCRIPTION FOR
59 N.W. 36TH STREET
MIAMI, FL
Lot 17 Block 10 of the Plat of "PRINCESS PARK",.Plat Book 6 Page 87, Public Records of
Miami -Dade County, Florida