HomeMy WebLinkAboutR-12-0042City of Miami
Legislation
Resolution: R-12-0042
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01047xc Final Action Date: 1/26/2012
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 SELL ALCOHOL UP TO 4:00 A.M., WITH A HARD
CLOSE OF 5:00 A.M., 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 4:00 a.m., with a hard close of 5:00 a.m., 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
City of Miami
Page 1 of 4 File Id: 11-01047xc (Version: 2) Printed On: 10/27/2017
File Number: 11-01047xc Enactment Number: R-12-0042
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 applicable
conditions herein:
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;
Yes Yes
(2) Design facades that respond
primarily to the human scale; N/A
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(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
(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:
(1) Provide landscaping that screens
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(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
Applicability Compliance
N/A
N/A
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are not feasible, soften the garage structure
with trellises, landscaping, and/or other
suitable design elements.
VII) Signage and Lighting:
(1) Design signage appropriate for the
scale and character of the project and
immediate neighborhood;
(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
Applicability Compliance
N/A
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}
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.
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