HomeMy WebLinkAboutR-25-0544City of Miami
Resolution R-25-0544
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18134 Final Action Date: 12/11/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, AN EXCEPTION TO ALLOW AN
EXTENSION FOR THE CONTINUANCE OF A LEGAL NONCONFORMING USE
OF ADULT ENTERTAINMENT ESTABLISHMENT FOR AN ADDITIONAL TERM
OF UP TO TWENTY (20) YEARS, PURSUANT TO ARTICLE 7, SECTION
7.2.6.A AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE
ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21
CODE"), AT THE REAL PROPERTY DESIGNATED "T6-12-0," URBAN CORE
TRANSECT ZONE - OPEN, GENERALLY LOCATED AT 3875 SHIPPING
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE
ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Louis J. Terminello, Esquire, on behalf of Sunshine Mortgage Investors, Inc.
("Applicant"), applied to the City of Miami ("City") for an Exception to allow an extension for the
continuance of a legally nonconforming Use of Adult Entertainment Establishment for an
additional term of up to twenty (20) years, pursuant to Article 7, Section 7.2.6.a and Article 7,
Section 7.1.2.6 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"); and
WHEREAS, the property located at 3875 Shipping Avenue, Miami, Florida, as more
particularly described in Exhibit "A", ("Property") has a Future Land Use designation of
Restricted Commercial; and
WHEREAS, the Property is designated "T6-12-0," Urban Core Transect Zone — Open,
on the Zoning Atlas of the Miami 21 Code; and
WHEREAS, on August 6, 2009, the City's Office of Zoning issued a Certificate of Use for
a 3,500-square-foot Nightclub; and
WHEREAS, the Adult Entertainment Establishment Use became legal nonconforming
upon the Miami 21 Code's effective date of May 10, 2010; and
WHEREAS, Article 7, Section 7.2.6.a of the Miami 21 Code states that where, at the
effective date of adoption or amendment of this Code, a lawful Use exists which would not be
permitted under this Code, the Use may be continued for twenty (20) years from the date the
Use first became legal nonconforming and that the Use shall not be allowed to continue
automatically upon expiration of the twenty (20) years; and
City of Miami Page 1 of 3 File ID: 18134 (Revision:) Printed On: 1/9/2026
File ID: 18134 Enactment Number: R-25-0544
WHEREAS, Article 7, Section 7.2.6.a of the Miami 21 Code further states that, upon
application, the City Commission may grant by Exception an extension for continuance of the
Use for an additional term of up to twenty (20) years; and
WHEREAS, the Adult Entertainment Establishment Use is not permitted in the "T6-O,"
Urban Core Transect Zone — Open; and
WHEREAS, the term of twenty (20) years from the date the Adult Entertainment
Establishment Use first became legal nonconforming on the Property expires on May 10, 2030;
and
WHEREAS, the requested Exception will allow the continuation of an existing lawful
Adult Entertainment Establishment for an additional term of up to twenty (20) years — ending
May 10, 2050; and
WHEREAS, the City's Planning Department finds the proposed continuation of a
nonconforming Use to be consistent, with conditions, with the applicable criteria of Article 7,
Section 7.1.2.6 of the Miami 21 Code, including Article 4, Table 12; and
WHEREAS, the request is consistent with the Miami Comprehensive Neighborhood Plan
("MCNP") Future Land Use Policy LU-1.1.3's objective to provide for protection of all areas of
the City from the encroachment of incompatible land uses through the development of
appropriate transition standards; and
WHEREAS, the Planning Department has reviewed the application and finds the
Exception request is consistent with the goals of the Miami 21 Code and the MCNP; and
WHEREAS, the Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami
21 Code, as amended, recommends approval of the Exception — with conditions; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
November 19, 2025, following an advertised public hearing, adopted Resolution No. PZAB-R-
25-076 by a vote of seven to two (7 - 2), Item No. 1, recommending approval of the Exception —
with conditions; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other regulations of the City; and
WHEREAS, the City Commission finds that the applicable requirements of the Miami 21
Code have been met with the conditions stated in Section 2 herein; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve with conditions the requested
Exception;
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.
City of Miami Page 2 of 3 File ID: 18134 (Revision:) Printed on: 1/9/2026
File ID: 18134 Enactment Number: R-25-0544
Section 2. The City Commission hereby approves the Exception pursuant to Article 7,
Section 7.2.6.a and Article 7, Section 7.1.2.6 of the Miami 21 Code, subject to the following
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 shall 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 Tess 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 processed under a separate permit in accordance with
Article 10 of the Miami 21 Code.
6. The Applicant, owner, and any successor shall comply with the requirements of
all applicable Departments/Agencies as part of the City of Miami building
permitting process.
7 The City shall have the right to inspect the Property site to ensure compliance
with the conditions as listed.
8. Pursuant to Article 7, Section 7.1.2.6.e, "[a]n 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.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall be effective ten (10) days upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
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1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 18134 (Revision:) Printed on: 1/9/2026