HomeMy WebLinkAboutR-21-0103City of Miami
Resolution R-21-0103
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8497 Final Action Date: 3/11/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR
PRIVATE PROPERTY PURSUANT TO SECTION 62-521(B)(4) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND
ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED," TO ALLOW DRIVE-IN MOVIE
SHOWINGS, WHICH SHALL NOT EXTEND BEYOND 2:00 A.M. UNLESS
THERE IS A RELEVANT FEDERAL, STATE OF FLORIDA, MIAMI-DADE
COUNTY, AND/OR CITY OF MIAMI CURFEW IN EFFECT WHICH SHALL
THEN ACT AS THE REQUIRED CLOSING TIME, AT 1400 NORTHEAST 1ST
AVENUE, 1441 NORTHEAST MIAMI PLACE, 1442 NORTHEAST 1ST
AVENUE, 1422 NORTHEAST 1ST AVENUE, 1433 NORTHEAST MIAMI
PLACE, AND 73 NORTHEAST 14TH STREET, MIAMI, FLORIDA,
RESPECTIVELY, FOLIO NOS. 0131360051420, 0131360051360,
0131360051370, 0131360051380, 0131360051390, 0131360051400, AND
0131360051410, FOR GREENSLIME LABORATORIES, INC. AT VARIOUS
TIMES DURING THE YEAR THROUGH JANUARY 13, 2022.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell
WHEREAS, Greenslime Laboratories, Inc., doing business as Nite Owl Theater
("Applicant"), wishes to hold drive-in movies at 1400 Northeast 1st Avenue, 1441 Northeast
Miami Place, 1442 Northeast 1st Avenue, 1422 Northeast 1st Avenue, 1433 Northeast Miami
Place, and 73 Northeast 14th Street, Miami, Florida, respectively, folio nos. 0131360051420,
0131360051360, 0131360051370, 0131360051380, 0131360051390, 0131360051400, and
0131360051410 (collectively, "Property"), through January 13, 2022 as more particularly
described in the application, attached and incorporated as Exhibit "A"; and
WHEREAS, pursuant to Section 62-521 of the Code of the City of Miami, Florida, as
amended ("City Code"), temporary events are limited to no more than two (2) events per year
per property for no longer than two (2) weeks per event; and
WHEREAS, pursuant to Section 62-521(b) of the City Code, the number and time
limitations for temporary events may be waived upon affirmative vote of the City Commission;
and
WHEREAS, the drive-in movie theater was approved for two (2) consecutive, two -week
periods and had its first show on January 9, 2021; and
WHEREAS, on January 14, 2021, the City Commission adopted Resolution No. R-21-
0022 waiving the restriction on the number of temporary events allowed to be held on the
Property pursuant to a Temporary Use Permit ("TUP") application for a drive-in movie theater
("Event") through March 30, 2021 and provided for the waiver of additional time limitations to be
City of Miami Page 1 of 2 File ID: 8497 (Revision: A) Printed On: 5/16/2025
File ID: 8497 Enactment Number: R-21-0103
brought back before the City Commission as part of the March 11, 2021 agenda to determine
whether additional waivers of time for the TUP will be allowed for the Event; and
WHEREAS, the Event provides the residents of the City of Miami ("City"), during the
current pandemic, a safe and easy method of entertainment and fun; and
WHEREAS, movie times for the Event will be at 7:30 p.m. and 9:30 p.m. on Fridays,
Saturdays, and Sundays and potentially other days with seventy (70) parking spaces available
for vehicles; and
WHEREAS, there will be no alcohol service but patrons will have the option to order food
and drinks in advance for delivery; and
WHEREAS, notwithstanding the issuance of this waiver pursuant to Section 62-521(b) of
the City Code, all noise must comply with Chapter 36 of the City Code; and
WHEREAS, three (3) or more violations issued at the Property related to noise or any
other Section of the City Code shall effectuate a rescission of this approval and this waiver shall
be deemed void;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Pursuant to Section 62-521(b) of the City Code, the number of temporary
events per year for the Event, which shall not extend beyond 2:00 a.m. unless there is a
relevant Federal, State of Florida, or local curfew in effect which shall then act as the required
closing time, at the Property at various times up to and including January 13, 2022 are hereby
waived with the following conditions:
A. The Applicant is still required to obtain permits and pay all fees for each applicable
TUP;
B. All noise must comply with Chapter 36 of the City Code; and
C. Three (3) or more violations of the City Code shall effectuate rescission of this
waiver.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 3/22/2021
City of Miami
Page 2 of 2 File ID: 8497 (Revision: A) Printed on: 5/16/2025