HomeMy WebLinkAboutR-17-0624City of Miami
Resolution R-17-0624
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3257 Final Action Date: 12/14/2017
A RESOLUTION OF THE CITY COMMISSION APPROVING WITH
CONDITIONS AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AND CHAPTER 4 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TO ALLOW A SUPPER CLUB IN A PARCEL
WITH SPLIT ZONING ("T6-8-O," URBAN CORE TRANSECT ZONE AND "T3-
0," SUB -URBAN TRANSECT ZONE) FOR THE PROPERTY LOCATED AT
APPROXIMATELY 2300 NORTHWEST 36 STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Studio 60 Cafe and Nightclub, Inc. ("Applicant") has requested an
Exception subject to City Commission approval pursuant to Article 4, Table 3 of Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and
Chapter 4, Section 4-3 of the Code of the City of Miami, Florida, as amended ("City Code"), to
allow a Supper Club with a 4COP quota alcoholic beverage license in a property with split
zoning ("T6-8-O," Urban Core Transect Zone and "T3-O," Sub -Urban Transect Zone); and
WHEREAS, the subject property, located at approximately 2300 Northwest 36 Street,
Miami, Florida, as more particularly described in Exhibit "A" ("Property"), is within the Allapattah
Neighborhood Enhancement Team ("NET") area; and
WHEREAS, the Property has a Certificate of Use for a Restaurant which operates
in an existing two-story structure located on the northern portion of the Property which is
designated "T6-8-O," Urban Core Transect Zone, while the surface parking lot is located in the
southern portion of the Property and is designated "T3-O," Sub -Urban Transect Zone; and
WHEREAS, the Applicant proposes to operate a Supper Club within the existing two-
story structure located on the northern portion of the Property which is designated "T6-8-
0," Urban Core Transect Zone, without any interior renovations or additions; and
WHEREAS, the Applicant proposes to operate "Studio 60" on Thursdays, Fridays, and
Saturdays from 8:00 P.M. through 5:00 A.M. and Sundays from 8:00 P.M. to 3:00 A.M. , and
during special occasions such as New Year's Eve, Halloween, and other similar holidays; and
WHEREAS, the requested use of a Supper Club is allowed in a "T6-8-0," Urban Core
Transect Zone, but is not allowed in a "T3-0," Sub -Urban Transect Zone; and
WHEREAS, the Department of Planning recommended denial of the Exception
as presented; and
City of Miami Page 1 of 3 File ID: 3257 (Revision:) Printed On: 3/27/2025
File ID: 3257 Enactment Number: R-17-0624
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting held on
October 18, 2017, considered this PZAB Item No. 5, and voted five to four (5-4), to recommend
the Exception with the following conditions:
1. This approval is limited to the Supper Club to be operated by "Studio 60 Cafe and Nightclub,
Inc." on the Property, owned by "Aspen Realty Management, LLC."
2. Any change of fifty percent (50%) or more of the ownership, operator, or modification in the
composition of the stock ownership, shareholders of corporations involved in ownership of
the Property or operation of the business shall trigger the requirement for a new Exception
before the PZAB with City Commission approval.
3. The Occupancy Load provided by the Department of Fire -Rescue is nine hundred seventy
(970) patrons. Any increase of this occupancy shall be reviewed by the Department of
Planning and the Applicant shall provide a revised traffic and parking study with a
methodology previously approved by the City of Miami's ("City") Office of Transportation.
4. The approval authorizes the Supper Club to operate within the hours of operation authorized
by Chapter 4 of the City Code.
5. The Applicant shall comply with the Chapter 36 of the City Code. Proper insulation must be
provided to prevent music and noise affecting adjacent businesses in the same industrial
complex and neighboring residential uses.
6. The Applicant must work with the Department of Planning to provide additional architectural
treatment to the surface parking lot and to bring it in further compliance with Miami 21 Code.
Specifically, the Applicant must address:
• Concealment of vehicles
• Reduction in the impact of lighting.
• Reduction in the impact of noise.
• Prevent patrons' ingress and egress through the residential neighborhood.
7. The Applicant must comply with the landscape requirements of Miami 21 Code.
8. The Applicant's fencing must comply with Miami 21 Code and City building permit
requirements.
9. The Applicant must provide proof of registration with the City's Solid Waste Department.
10. The Applicant shall comply with the recommendation provided by the "Traffic Study and
Circulation Analysis" which states: "It is the recommendation of this analysis, in order to
minimize traffic impacts from the subject property on the residential neighborhood to the
south, that all exiting vehicles be required to proceed northbound on 23rd Avenue to 36th
Street upon exiting the property parking lot. This restriction can be accomplished by the
installation of a turning [sic] restriction sign (Left Turn Only) at the parking lot exit location."
The turn signal installation is a condition to this Exception and must be permitted, approved,
and installed by the Applicant prior to obtaining any permit facilitated by this Exception.
11. If additional parking or variations on the proposed parking plan occur, a revised parking plan
shall be provided to the Planning Department for approval. If additional parking must be
provided, any contracts for off -site parking must be reviewed and approved by the Planning
City of Miami Page 2 of 3 File ID: 3257 (Revision:) Printed on: 3/27/2025
File ID: 3257 Enactment Number: R-17-0624
Department. The preference is to contract with neighboring commercial property owners that
have excess available parking.
12. The Applicant must provide and maintain video recording for surveillance on the perimeter
of the building and adjacent surface parking lot.
13. If the Supper Club project is developed in phases prior to the issuance of a building permit,
the Applicant shall submit for review and approval to the Planning Director the phasing time-
table, including the proposed areas for the required parking spaces and color elevations
including facade improvements program.
14. The Applicant shall comply with the requirements of all applicable departments/agencies as
part of the City's building permit submittal process;
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 City Commission hereby approves the Exception, subject to compliance
with the conditions listed.
Section 3. The conditions, as recommended by the PZAB are adopted as conditions of
the Exception.
Section 4. This Resolution shall be effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 3 of 3 File ID: 3257 (Revision:) Printed on: 3/27/2025