HomeMy WebLinkAbout2021-146-3700_-_Studio_183_Special_Exception_Approval_for_Nightclub_and_Waiver_of_Minimum_Distance_RRESOLUTION NO. 2021-146-3700
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE SPECIAL
EXCEPTION APPLICATION FOR THAT CERTAIN PROPERTY
LOCATED AT 230 NW 183RD STREET, MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ATTACHED HERETO,
PERMITTING A NIGHTCLUB AND WAIVING THE MINIMUM
DISTANCE REQUIREMENTS FOR THE SALE OF LIQUOR AS
SET FORTH IN SECTION 34-147 OF THE CITY OF MIAMI
GARDENS CODE OF ORDINANCES SUBJECT TO CERTAIN
CONDITIONS; ACCEPTS AND APPROVES THE DECLARATION
OF RESTRICTIONS, A COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT “C”; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 230 NW 183rd Street (“subject property”) is
currently zoned for Planned Corridor Development (“PCD”), and
WHEREAS, Studio 183, located at the subject property, was originally issued a
Certificate of Use to operate a restaurant with an accessory bar by the City of Miami
Gardens in 2016, and
WHEREAS, the business license required the restaurant to derive at least 51%
percent of its gross revenue from the sale of food and non-alcoholic beverages and such
percentage must be maintained daily, and
WHEREAS, in 2021, the State of Florida revoked the alcoholic beverage license
for this location and further review by staff showed that the location functioned as a
nightclub rather than a restaurant by providing a dance floor and generating revenue from
sources other than food, and
WHEREAS, to come into compliance with the City Code of Ordinances and
legalize the use, the applicant must obtain Special Exception approval for a Nightclub
pursuant to Sec. 34-48(g) of the City Code of Ordinances, and
WHEREAS, in addition to seeking a Special Exception approval, the applicant
wishes to reapply for a liquor license as part of the nightclub use, and
WHEREAS, a waiver of the distance requirements for the sale of alcoholic
beverages must also be approved as the location, pursuant to Sec. 34-147 of the City of
Miami Gardens Code of Ordinances, does not meet the necessary distance between
residential uses, churches, schools, or other similar uses, and a nightclub serving
alcoholic beverages, and
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Resolution No. 2021-146-3700
WHEREAS, the Applicant has proffered a Declaration of Restrictions, a copy of
which is attached hereto as Exhibit “C”, and
WHEREAS, the City Council considered the testimony of the Applicant, if any, and
the Staff Report attached hereto as Exhibit “B” and incorporated by reference, and
WHEREAS, City Staff recommends the City Council deny the Special Exception
application for a Nightclub selling liquor at the subject property,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby approves the Special Exception application for that certain property located at 230
NW 183rd street, more particularly described in Exhibit “A” attached hereto, permitting a
Nightclub. The City Council also hereby waives the minimum distance requirements for
the sale of liquor as set forth in Section 34-147 of the City of Miami Gardens Code of
Ordinances. This approval is subject to the Declaration of Restrictive Covenant attached
hereto as Exhibit “C”.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 27, 2021.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
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Resolution No. 2021-146-3700
Moved by: Vice Mayor Leon
Seconded by: Councilman Stephens
VOTE: 5-1
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell No
Councilwoman Ighodaro Absent
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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