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Home My WebLink AboutAnalysis and MapsCity of Miami Planning Department EXCEPTION FOR A NONCONFORMING USE ePlan File ID. PZ-24-17748 Location 3875 Shipping Avenue Folio 0141170032400 Miami 21 Transect "T6-12-0," Urban Core Transect Zone - Open MCNP Restricted Commercial Commission District District 4 — Vacant Commissioner District Office Coral Way Planner Leeann Parker, Planner I (Iparker@miamigov.com) Property Owner Sunshine Mortgage Investors, Inc. Project Representative Louis J. Terminello, Esquire (kim.rasnake@gmlaw.com) A. REQUEST Louis J. Terminello, Esquire, on behalf of Sunshine Mortgage Investors, Inc. ("the Applicant"), requests an Exception pursuant to Article 7, Section 7.2.6.a of the Ordinance 13114 ("Miami 21 Code"), as amended, to allow the continuance of an existing Adult Entertainment Establishment where the Use is not lawfully permitted under the Miami 21 Code, for twenty years (20) at the property located at 3875 Shipping Avenue, Miami, Florida (the "Property"). B. RECOMMENDATION Pursuant to Article 7, Section 7.1.1.2 and 7.1.2.6 of the Miami 21 Code, as amended, the Planning Department recommends, with City Commission approval, the requested Exception for the continuance of a nonconforming Adult Entertainment Establishment Use Approved with Conditions based on the facts and findings in this Staff Analysis. Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 1 7/15/2025 C. PROJECT DATA The Project is located north of Shipping Avenue, between Southwest 38 Court and Southwest 39 Avenue. The associated Property is located within the "T6-12-0," Urban Core Transect Zone — Open, within close proximity to Bird Road and U.S. Highway 1. See Figure 1. Figure 1: Site Location Redevelopment is gradually occurring in this location, shifting the context of the Neighborhood from Industrial toward predominately Mixed -Use and Residential Uses. The Block on which the request is located still largely retains the previously existing industrial urban area form. For information regarding immediately abutting Properties, see Table 1 below. Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 2 7/15/2025 SURROUNDING USES Miami 21 MCNP / Density Existing Use North "T6-12-0" Restricted Commercial - 150 du/ac Commercial (Large Scale), Institutional South "T6-12-0" Restricted Commercial - 150 du/ac Industrial (Manufacturing) East "T6-12-0" Restricted Commercial - 150 du/ac Industrial (Storage) West "T6-12-0" Restricted Commercial - 150 du/ac Industrial (Storage) Table 1: Abutting Property Information D. BACKGROUND The Nonconforming Use of an Adult Entertainment Establishment occupies an existing Structure measuring approximately 5,810 square feet and operates under a 4COP quota license. This Use was originally permitted and established under Ordinance No. 11000—the City's previous Zoning Code —which was in effect from 1990 until 2010. On April 13, 2000, the City Commission adopted Ordinance No. 11916, amending the previous Zoning Code. This Amendment removed Adult Entertainment as a conditional principal Use in the C-2 Commercial zoning category, restricted it to the "I" Industrial district as a conditional principal Use, and introduced a requirement for a minimum 1,000-foot separation from any Residential zoning district. Although the subject Property is located within the "I" Industrial district, it was potentially within the required separation distance from an R-2 Residential zoning district. If so, the Use would have been rendered nonconforming, subject to a mandatory expiration period of twenty (20) years unless extended by a Special Exception. However, the Office of the City Attorney, in an opinion dated August 12, 2022, found that the methodology for measuring the required separation distance in the previous Zoning Code was ambiguous unless explicitly stated. Due to this ambiguity, Planning Staff was unable to conclusively determine whether the Use became nonconforming at the time the Amendment was adopted. Subsequently, on October 22, 2009, the City Commission adopted the Miami 21 Code, which repealed the previous Zoning Code. The Miami 21 Code became effective on May 20, 2010. Under this new code, the Property is zoned "T6-12-0," Urban Core Transect Zone — Open. Pursuant to Article 4, Table 3 of the Miami 21 Code, Adult Entertainment Establishments are not a permitted Use in this zoning category. Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 3 7/15/2025 Miami 21 further provides, in Article 7, Section 7.2.6.a, that nonconforming Uses must cease within twenty (20) years from the date they become nonconforming, unless an Exception is granted. Due to the earlier ambiguity surrounding the distancing requirements in the prior Code, Staff determined that the Use officially became nonconforming upon the effective date of the Miami 21 Code. It is important to note that this determination does not impact any other lawfully established Use on the Property, including the sale of alcohol. Furthermore, it does not prevent the establishment of a new Use that complies with the regulations of the Miami 21 Code. E. PROPOSAL This Application seeks approval of an Exception to allow the continuance of an existing Adult Entertainment Establishment where the Use is not lawfully permitted under the Miami 21 Code. The existing two-story, approximately 5,810 square -foot Structure and parking area with twelve (12) spaces are to remain. Y4] OCCUPANCY LOAD, 0J aaas PPE. 0 o o3 _.Aor I Figure 2: Sheet A-1, first Story floor plan Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 4 7/15/2025 EXIST BATH EXIST. CLOSED vVI EXIST. OFFICE IST. C LOURGE/CEXHANGING AREA Figure 3: Sheet A-1.1, second Story floor plan F. ANALYSIS Miami 21 Code The Project is located within the "T6-12-0," Urban Core Transect Zone - Open. According to Article 4, Table 3 of the Miami 21 Code, the Adult Entertainment Establishment Use is not permitted in the "T6-12-0" Transect Zone. The existing Use, permitted and established under the previous Zoning Code, is considered to be nonconforming upon the Miami 21 Code's effective date of May 10, 2010. The existing Use is cohesive with the immediate surrounding area and is buffered from the changing Neighborhood by Industrial and Commercial Structures. The continuance of the nonconforming Adult Entertainment Establishment allows for the gradual change of the existing Neighborhood. Staff Review of Exception Criteria The requested Exception for the continuance of a nonconforming Adult Entertainment Establishment Use is in compliance with all six (6) criteria for an Exception, pursuant to Article 7, Section 7.1.2.6.b.4. Criteria 1: Article 7, Section 7.1.2.6.b.4: "The application shall be reviewed for compliance with the regulations of this Code and a traffic study shall be provided as required by the Planning Director." Analysis 1: Pursuant to Article 7, Section 7.2.6.a, a nonconforming Use may be continued for twenty (20) years from the date the Use first became nonconforming. Upon expiration, the City Commission may grant by Exception an extension for continuance of the Use for an additional term of up to twenty (20) years. The existing Adult Entertainment Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 5 7/15/2025 Establishment became nonconforming upon the Miami 21 Code's effective date of May 10, 2010. The expiration of the Use will be May 10, 2030. The request to extend the nonconforming Use is within the twenty (20) year required period, consistent with the requirements of the Miami 21 Code. Additionally, a traffic study is not deemed necessary for this type of request. Finding 1: Complies. Criteria 2: Article 7, Section 7.1.2.6.b.4: "The review shall consider...the guiding principles of the Miami 21 Code..." Analysis 2: Pursuant to Article 2, Section 2.1.3.3.i, "Harmonious and orderly change and Development of urban areas should be enabled through a form - based zoning code that guides and regulates change." The Adult Entertainment Establishment Use was lawfully established under the previous Zoning Code. The adoption of the Zoning Atlas under the Miami 21 Code changed the zoning designation of the Property and surrounding area from Industrial to "T6," which involves a variety of Uses, but excludes Adult Entertainment Establishments. The proposed continuance of the nonconforming Use provides fairness to the Property Owner under due process while allowing for gradual change to occur through the developing Neighborhood context under the adoption of the Miami 21 Code and the "T6-12-0" zoning designation. Finding 2: Complies. Criteria 3: Article 7, Section 7.1.2.6.b.4: "The review shall consider...the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses." Analysis 3: The existing Adult Entertainment Establishment is located in a Mixed - Use Neighborhood, which includes abutting Uses such as Commercial, Institutional, and Industrial. Most surrounding Properties retain the Industrial character of the area that was established prior to the adoption of the Miami 21 Code. The Property's location midblock of Shipping Avenue between Southwest 38 Court and Southwest 39 Avenue provides a barrier between the nonconforming Use and less intense Residential Uses developed with the recent evolution of the Neighborhood. Finding 3: Complies. Criteria 4: Article 4, Table 12, Building Function and Density, "Ensure transitions of Density, Intensity, and Height that complement the Neighborhood context." Analysis 4: The request does not impact the Density or Height of the existing Property, and the Intensity of the existing Adult Entertainment Establishment remains the same. Alternatively, the Intensity of the surrounding Neighborhood has changed from Industrial to Mixed -Use, Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 6 7/15/2025 altering the impacts the existing Use's Intensity has on the Neighborhood. The nonconformance of the Use affects the area only as the Neighborhood continues to change, as prompted by the adoption of the Miami 21 Code after the Use was established. The continuance of the nonconforming Use is cohesive with the immediate context of the surrounding Properties, which maintain Industrial qualities. Finding 4: Complies. Criteria 5: Article 4, Table 12, Building Function and Density, "Calibrate Density, Intensity, and Uses to facilitate walkability and promote transit use." Analysis 5: The existing Use is approximately 0.2 miles or a 4-minute walk from the Douglas Road Metrorail station. This proximity promotes Neighborhood walkability and encourages public transportation use, effectively connecting the Neighborhood to the broader City. Finding 5: Complies. G. FINDINGS • Pursuant to Article 7, Section 7.2.6.a, the City Commission may grant by Exception an extension for continuance of the Use for an additional term of up to twenty (20) years. • Pursuant to Article 7, Section 7.2.6 of the Miami 21 Code, it is found that the Applicant has submitted the necessary information to the Planning Department, which demonstrates compliance with the guidelines and criteria required for this type of permit, as specified in the Miami 21 Code, including Article 4, Table 12. • Pursuant to Article 7, Section 7.2.6.c.1, no alterations are proposed to the existing Structure. • Pursuant to Article 7, Section 7.2.6.d, the Use is found to have an active Certificate of Use on the Property. • Planning comments were provided in ePlan pursuant to a comprehensive review of the application materials. All comments have been addressed through the ePlan review process. • Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the application has been referred to the following agencies whose comments and recommendations have been considered and are reflected in this final decision: Office of Zoning and Department of Resilience and Public Works. • Pursuant to Article 7, Section 7.1.2.6.d of the Miami 21 Code, the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient. Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 7 7/15/2025 H. CONDITIONS 1. The continuance of the Adult Entertainment Establishment Use shall be in accordance with the plans entitled "Playmates Club" as prepared by Juan C. David, Registered Architect, and batch stamped PZ-24-17748 by the City of Miami. 2. The parking area must exist as depicted on plans approved under PZ-24-17748 with twelve (12) parking spaces, including two (2) handicap spaces and any required landscaping. 3. If, for a period of more than six (6) months, a nonconforming Use is documented as being discontinued or a Certificate of Use for a nonconforming Use lapses, any subsequent Use shall conform to the regulations of this Code. 4. Where an alteration of a Structure containing a nonconforming Use is less than fifty percent (50%) of the square footage of the Structure at the time of alteration, the nonconforming Use may be permitted to continue pursuant to an Exception. 5. Any signage shall be process under a separate permit in accordance with Article 10 of the Miami 21 Code. 6. The Applicant, owner, or successor shall comply with the requirements of all applicable Departments/Agencies as part of the City of Miami building permitting process. 7. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 8. Pursuant to Article 7, Section 7.1.2.6.e, "An Exception shall be valid for a period of three (3) years, during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit." 9. Failure to comply with the conditions herein may result in the immediate revocation of this Exception and shall be subject to any fines and penalties pursuant to the City Code. r:cuSigned by: j, S.tA,bW 561'44&4•&&k;&486... David Snow Planning Director Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 8 7/15/2025 ,—DocuSigned by: `-14-1A 8, Graham Jones Assistant Director Signed by: Mawusi Khadija Watson Chief of Land Development ,—DocuSigned by: L—+A A--3448-114E4FS... Leeann Parker Planner I Staff Analysis Report (PZ-24-17748: 3875 SHIPPING AV) — Page 9 7/15/2025 FUTURE LAND USE MAP (EXISTING) EPLAN ID: PZ-24-17748 EXCEPTION ADDRESS(ES): 3875 SHIPPING AV 0 100 200 —SW-40TH ST ALTARA AV 400 Feet 1 1 BIRD RD !77: estrieted mmercial SW 38TH CT SHIPPING AV ORANGE-ST—•••.L•••—••--••-- ;;... SAN-LORENZO-AV MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-24-17748 EXCEPTION ADDRESS(ES): 3875 SHIPPING AV 0 100 200 400 Feet 1 I I I 1 I I I 1 SW 40TH $T ALTARA AV SAN LORENZO AV PONCE DE LEON BLVD tT5-O 11 711 BIRD RD P EACOCK AV U _ = I F- I- ch m i T 6-12-0 SHIPPING AV SAN LORENZO AV AERIAL EPLAN ID: PZ-24-17748 EXCEPTION ADDRESS(ES): 3875 SHIPPING AV 0 50 100 200 Feet 1 1