HomeMy WebLinkAboutAnalysis and MapsPLANNING DEPARTMENT
F
* INC ORP RRATER a'lf
Oiess
Ri
Project Fact Sheet
This document is used to provide a summary for
Planning Department related projects.
IWF&AN[I6Ic1FI:40 We[aTITJ@T ii
Project Address
River Drive
300 SW 2 ST 236 and 298 SW North River Drive
Lead Staff: Vickie Toranzo
0
NOTICE
This su bnnMa[ needs b be sche Wee br a public hearing
in cordance wkh tlmelln, set forth in the City of
M-, CWe. The appk.de decon-making bWywill
renew Uie infonna0on at the pubdc hearing to render a
re�on, de do nra final dedann.
r PZ-21-10943
7� 06/10/22
Principal Division: Land Development
Company Name: MV Real Estate Holdings, LLC T Email: vtoranzo@miamigov.com
Primary Contact: Iris Escarra, Esq. 9 PROJECT DESCR
IE
mail: escarrai@gtlaw.com
condary Contact: Brian Dombrowski, Esq.
mail: dombrowskib@gtlaw.com
Pursuant to Articles 4, 5, 6, and 7 of Miami 21, as
amended, and Chapter 4 Alcoholic Beverages, of
the City Code of Ordinances, as amended, the
Planning Department recommends Approval with
Conditions of the requested Exceptions, Warrants,
and Waivers based upon the facts and findings in
this staff report.
1. Exception pursuant to Article 4, Table 3, Article 6, Table 13 and
Article 7, Section 7.1.2.6 of Ordinance No. 13114 ("Miami 21 Code"),
as amended, to permit, with City Commission approval, a Hotel;
2. Exception pursuant to Article 6, Table 13 and Article 7, Section
7.1.2.6 of Miami 21 Code and Chapter 4, Sections 4-5 and 4-7(c) of
the City Code of Ordinances, as amended, (the "City Code") to
permit, with City Commission approval, an Alcohol Service
Establishment (the "Nightclub") in excess of 5,000 square feet in the
Miami Riverside Specialty District;
3. Exception pursuant to Article 6, Table 13 and Article 7, Section
7.1.2.6 of Miami 21 Code and Chapter 4, Sections 4-5 and 4-7(c) of
the City Code to permit, with City Commission approval, an Alcohol
Service Establishment (the "Ground Level Bar") in excess of 5,000
square feet in the Miami Riverside Specialty District;
4. Exception pursuant to Article 6, Table 13 and Article 7, Section
7.1.2.6 of Miami 21 Code and Chapter 4, Sections 4-5 and 4-7(c) of
the City Code to permit, with City Commission approval, an Alcohol
Service Establishment (the "Roof Top Bar") in excess of 5,000
square feet in the Miami Riverside Specialty District;
5. Warrant pursuant to Article 4, Table 3, Article 6, Table 13, and p
A,+; -I— 7 Q--+G.n 7 4 7 A —f NA{"..,{ 74 r —,4— +— .,l ,—;+ " C!. 4
Webs Link(s):
BOARD REQUIREMENTS
0 HEPB 0 UDRB ❑✓ City Commission
✓0 PZAB 0 WDRC 0 AIPP
Existing Transect Zone(s): D3 Waterfront Industrial
District
Existing FLUM(s): Industrial
Commissioner District(s): 5 - Christine King
Department of Human Service Neighborhood Service
Center(s): Overtown
Revision Date: 06/15/2021
Department Director: Cesar M. Garcia -Pons, AICP, LEEP AP
411y!arR�
NOTICE
This submittal needs b te• ach.&u d b, s public hexhng
In accortla,re wM1h tlmell,1 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing t, re,d,,
recomme dtl ., or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
City of Miami
Planning Department
ANALYSIS FOR
EXCEPTIONS, WARRANTS, AND WAIVERS
Staff Analysis Report No.
PZ-21-10943
Location
114 and 200 Southwest North River Drive and 300 Southwest 2
Street and 236 and 298 Southwest North River Drive
Folio Number
0101130901160, 0101140001090, 0101130901280
0101140002010,and 0141370310010
Miami 21 Transect
"D3" — Waterfront Industrial District Zone
MCNP Designation
Industrial
Commission District
Commission District 5 — Christine Kin
Department of Human
Service Neighborhood
Service Center
Overtown
Planner
Vickie Toranzo, Planner II
vtoranzo miami ov.com
Property Owner
MV Real Estate Holdings, LLC TRDS96 Land Trust
City of Miami — Assest Management Division
Project Representative
Iris Escarra, Esq.
A. REQUEST
Pursuant to Article 7, Sections 7.2.1.6, 7.2.1.4, and 7.2.1.5, of Ordinance 13114 ("Miami
21 Code"), as amended, and Chapter 4, Alcoholic Beverages of the City Code of
Ordinances, as amended, Iris Escarra, Esq., on behalf of MV Real Estate Holdings, LLC
TRDS96 Land Trust (the "Applicant") requests four (4) Exceptions, five (5) Warrants, and
five (5) Waivers at real property designated "D3" Waterfront Industrial District Zone
generally located at 114 and 200 Southwest North River Drive and 300 Southwest 2 Street
("Private Owned Parcel") and 236 and 298 Southwest North River Drive ("City Owned
Parcel"), Miami, Florida (collectively, the "Property"), as follows:
1. Exception pursuant to Article 4, Table 3, Article 6, Table 13 and Article 7, Section
7.1.2.6 of Ordinance No. 13114 ("Miami 21 Code"), as amended, to permit, with City
Commission approval, a Hotel;
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 1
5/24/22
411y!arR�
NOTICE
This submittal needs b te• ach.&u d b, s public hexhng
In accortla,re wM1h tlmell,1 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing t, re,d,,
recomme dtl ., or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
2. Exception pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of Miami
21 Code and Chapter 4, Sections 4-5 and 4-7(c) of the City Code of Ordinances,
as amended, (the "City Code") to permit, with City Commission approval, an Alcohol
Service Establishment (the "Nightclub") in excess of 5,000 square feet in the Miami
Riverside Specialty District;
3. Exception pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of Miami
21 Code and Chapter 4, Sections 4-5 and 4-7(c) of the City Code to permit, with City
Commission approval, an Alcohol Service Establishment (the "Ground Level Bar") in
excess of 5,000 square feet in the Miami Riverside Specialty District;
4. Exception pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of Miami
21 Code and Chapter 4, Sections 4-5 and 4-7(c) of the City Code to permit, with City
Commission approval, an Alcohol Service Establishment (the "Roof Top Bar") in
excess of 5,000 square feet in the Miami Riverside Specialty District;
5. Warrant pursuant to Article 4, Table 3, Article 6, Table 13, and Article 7, Section
7.1.2.4 of Miami 21 Code to permit a Food Service Establishment ("Restaurant 1 ");
6. Warrant pursuant to Article 4, Table 3, Article 6, Table 13, and Article 7, Section
7.1.2.4 of Miami 21 Code to permit a Food Service Establishment ( "Restaurant 2");
7. Warrant pursuant to Article 4, Table 3 and Article 7, Section 7.1.2.4 of Miami 21
Code to permit General Commercial Use (the "Fish Market");
8. Warrant pursuant to Article 4, Table 3 and Article 7, Section 7.1.2.4 of Miami 21
Code to permit a Place of Assembly (the "Event Space");
9. Warrant pursuant to Article 6, Section 6.3.2 and Article 7, Section 7.1.2.4 of Miami
21 to permit Outdoor Dining, throughout the entire site.
10. Waiver requested pursuant to Article 7, Section 7.1.2.5(a)(29) of Miami 21 to permit
a 10% decrease in the Principal Frontage Setback for a portion of the Project.
11. Waiver requested pursuant to Article 4, Table 4 of Miami 21 to allow an up to 50%
parking reduction for properties located within a TOD.
12. Waiver pursuant to Article 4, Table 5 of Miami 21 to allow the substitution of Loading
Berths to exchange one (1) Commercial Berth for two (2) Residential Loading Berths.
13. Waiver pursuant to Article 4, Table 4 of Miami 21 to allow parking to be located offsite
within 1,000 feet of the Property.
14. Waiver pursuant to Article 5, Section 5.10.2(g) of Miami 21 to permit extensions
above the maximum Height for stair, elevator, and mechanical enclosures.
B. RECOMMENDATION
Pursuant to Articles 4, 5, 6, and 7 of Miami 21, as amended, and Chapter 4 Alcoholic
Beverages, of the City Code of Ordinances, as amended, the Planning Department
recommends Approval with Conditions of the requested Exceptions, Warrants, and Waivers
based upon the facts and findings in this staff report.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. - Page 2
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
C. PROJECT DATA
SURROUNDING
USES
Miami 21
MCNP / Density
Existing Use
"D3" —Waterfront Industrial
Vacant, Non -Protected,
North
District Zone / "T6-12-0"
Industrial
Government -Owned or
controlled
South
"D3" — Waterfront Industrial
Industrial
Sales and Services
District Zone
East
'76-12-0" — Urban Core
Restricited Commercial /
Vacant, Non -Protected,
Transect Zone — Open / 1-95
1 1-95
Privately -Owned.
West
Miami River
N/A
N/A
D. BACKGROUND
On December 10, 2015, pursuant to Miami City Commission Resolution No. R-15-0530,
Riverside Wharf LLC was the top ranked responsive and responsible firm pursuant to
Department of Real Estate and Asset Management's Request for Proposals No. 14-15-024
for the development and lease of the north riverfront property located at 236 and 298
Southwest North River Drive; authorizing and directing the City Manager to execute a lease.
On March 15, 2016, pursuant to referendum, the voters of the City of Miami approved the
lease of city -owned waterfront land on the Miami River. More specifically, the City was
authorized to lease approximately 0.73 acres of waterfront land on the Miami River to
Riverside Wharf LLC, providing 1) $195,500.00 of minimum guaranteed annual rent; and 2)
an investment of approximately $7 million privately funded improvements including the
construction of restaurants and the continuity of the public Miami Riverwalk, for a thirty (30)
year term with two (2) ten (10) year renewal options.
On January 3, 2022, the Miami River Commission unanimously recommended approval of
the proposed Project.
On February 2, 2022, the Coordinated Review Committee ("CRC"), pursuant to Article 7,
Section 7.1.1.3 of Miami 21, reviewed the Project.
On March 10, 2022, pursuant to Miami City Commission Resolution No. R-22-0108, the City
Attorney was directed to prepare a proposed amendment to the Charter of the City of Miami,
Florida, ("Charter") for consideration at the Special Election scheduled for August 23, 2022,
proposing, upon approval of the electorate, to amend Section 29-B of the Charter, entitled
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 3
5/24/22
411y!arR�
NOTICE
This submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewiheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
"City -Owned Property Sale or Lease -Generally," to authorize the City Commission, by a Four -
Fifths (4/5ths) affirmative vote, to waive competitive bidding and authorize the City Manager
to negotiate and execute an amendment, in a form acceptable to the City Attorney,
("Amendment") to the lease agreement between the City of Miami ("City") and Riverside
Wharf, LLC ("Tenant") for the lease and development of City -Owned Riverfront Property
located at 236 and 298 SW South River Drive ("Property"), amending certain terms of the
lease, including but not limited to, an extension of the existing lease term for an amount of
time not to exceed an additional fifty (50) years and authorization to permit the tenant to
construct a Hotel on the Property, at the Tenant's sole expense, subject to all applicable
regulatory approvals; with restrictions, reversions, and retention by the City of all other rights.
On March 16, 2022, the Urban Development Review Board ("UDRB"), pursuant to UDRB
Resolution No. UDRB-R-22-007, recommended Approval with Conditions to the Director of
the Planning Department.
Site Locatior
The Property consists of 5 parcels, 114 and 200 Southwest North River Drive and 300
Southwest 2 Street ("Private Owned Parcel") and 236 and 298 Southwest North River Drive
("City Owned Parcel"). The Private Owned Parcel currently has a Temporary Use Permit,
while the City Owned Parcel is currently developed with a one-story wood frame building. The
Property is bounded by West Flagler Street to the north, Interstate 95 to the south, Southwest
North River Drive and Interstate 95 to the east, and the Miami River to the west.
The Property has frontage along the Miami River and Southwest North River Drive. The
Private Owned Parcel is approximately 26,836 square feet in size (0.62 gross acres) and the
City Owned Parcel is approximately is approximately 31,917.82 square feet (.73 acres). The
Property is approximately is 58,753.82 square feet (1.35 acres).
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 4
5/24/22
411y!arR�
NOTICE
This submittal needs b te• achetluled br s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewiheinbrmation at the pubic hearing to rentlere
rece—datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
Figure 1: Aerial of subject site
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 5
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• ach.&u d br s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing t, re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
E. ANALYSIS
Miami Comprehensive Neighborhood Plan (MCNP)
The areas designated as "Industrial" allow manufacturing, assembly and storage activities. The
"Industrial" designation generally includes activities that would otherwise generate excessive
amounts of noise, smoke, fumes, illumination, traffic, hazardous wastes, or negative visual
impact unless properly controlled. Stockyards, rendering works, smelting and refining plants and
similar activities are excluded. Residential uses are not permitted in the Industrial designation,
except for rescue missions, and live-aboards in commercial marinas. Lodging uses are
permitted in this designation subject to limiting provisions of the applicable land development
regulations. Areas designated "Industrial allow a maximum density of "Medium Density
Multifamily Residential" subject to limiting provisions of the applicable land development
regulations. Development shall be subject to the Port of Miami River Sub -Element, as
applicable. All uses must comply with any previous settlement agreements the City has entered
relating to recreational and commercial working waterfronts and the Miami River and not impair
recreational and commercial working waterfronts as defined in Section 342.07, Florida Statutes.
Objective LU-1.2
"Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or
threatened residential, commercial and industrial areas through a variety of public, private, and
public -private redevelopment initiatives and revitalization programs including, where
appropriate, historic designations."
Policy LU-1.2.6
"In recognition of interest in emerging urban industrial development patterns, the City
recognizes that development of lodging facilities within the Industrial Future Land Use
designation may spur economic development and encourage more efficient use of land."
Policy LU-1.3.14
"The City will continue to enforce urban design guidelines for public and private projects which
shall be consistent with neighborhood character, history, and function, and shall be in
accordance with the neighborhood design and development standards adopted as a result of
the amendments to the City's land development regulations and other initiatives."
Analysis:
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 6
5/24/22
411y!arR�
NOTICE
This submittal needs b te• scheduled b, s public hearing
In accortla,re wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewihe inbrmation at the public hearing to render e
recommendation or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
The proposed Hotel, Alcohol Service Establishments, General Commercial, Food Service
Establishment, Place of Assembly, and Outdoor Dining Uses are in compliance with the intent of
the 2020 Miami Comprehensive Neighborhood Plan.
Findings:
Complies
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 7
5/24/22
411y!art�
NOTICE
This submittal needs b te• achetluled br s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to rentlere
rece—datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
�f#
Figure 2: Future Land Use Map
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 8
5/24/22
411y!arR�
NOTICE
This submittal needs b te• scheduled b, s public hearing
In accortla,re wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewihe inbrmation at the public hearing to render e
recommendation or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
Miami 21 Cooe
The Property is located within the "D3" Waterfront Industrial District. The Applicant proposes to
construct a Hotel, with three (3) Alcohol Service Establishments over 5,000 square feet, two (2)
Food Service Establishments, a General Commercial Use, a Place of Assembly, and Outdoor
Dining. Per Miami 21 Article 4, Table 3 and Article 6 Table 13 of Miami 21 Code and Chapter 4,
Alcoholic Beverages, of the City Code of Ordinances as amended, these Uses require a Special
Permit. Situated along the Miami River, the Property is subject to Appendix B - Waterfront Design
Guidelines.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 9
5/24/22
cts' np'bi
a p,Vr
NOTICE
This su bmm neetlsb be IhA &l d br a public hearing
ccoreance with emelln1 sH forth in the City of
Miami CW, The appk.de decision -making body will
renew the intonnation at the public hearing to render a
reco —d.den ora flnM decison.
PZ-21-10943
06/14/22 �[
Figure 3: Miami 21 Transect Zone
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 10
5/24/22
411y!arR�
NOTICE
This submittal needs b te• achetluled br s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewiheinbrmation at the pubic hearing to rentlere
rece—datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
Figure 4: Proposed Site Plan
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 11
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• ach.&u d b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
Figure 5: Rendering
Exceptions:
Request 1 Lodging Use:
Exception pursuant to Article 4, Table 3, Article 6, Table 13 and Article 7, Section 7.1.2.6 of
Ordinance No. 13114 ("Miami 21 Code"), as amended, to permit, with City Commission approval,
a Hotel Use (the "Hotel").
The Applicant proposes to construct a Hotel with approximately 174 hotel keys with amenity
spaces.
Lodging Use Criteria 1:
A recorded covenant with the City acknowledging that the zoning of the property is Industrial; that
the Lodging Use has been introduced into the pre-existing Industrial District Zone; and the Owner
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 12
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• ach.&u d b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
assumes risks associated with introducing a Lodging Use into such a District as well as
acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations
as permitted.
Lodging Use Analysis 1:
The Applicant will record the Working Waterfront Covenant prior to issuance of building permit.
Lodging Use Findings 1:
Conditionally complies.
Lodging Use Criteria 2:
Lodging Uses in the "D3" Transect Zone are limited to the north side of the area known as the
"Lower River" as established in the Miami River Corridor Infill Plan and Miami River Greenway
Action Plan, defined as the area from Biscayne Bay to the Fifth Street Bridge.
Lodging Use Analysis 2:
The Property is located on the North side of the Lower River as established by the Miami River
Corridor Infill Plan and Miami River Greenway Action Plan.
Lodging Use Findings 2:
Complies
Lodging Use Criteria 3:
Pursuant to Section 342.07, Florida Statutes, Lodging Uses in this Transect Zone must provide
access for water -dependent commercial and recreational activities for the public such as public
access to the Riverwalk, public docks, marinas, or other water- related amenities afforded by the
waterfront location.
Lodging Use Analysis 3:
The Project proposes water dependent commercial activities for the public by providing public
access to the Riverwalk and a designated area for local fishermen to deliver fresh caught fish for
sale at the proposed fish market.
Lodging Use Findings 3:
Complies
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 13
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• ach.&u d b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing t, re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
Lodging Use Criteria 4: Miami 21 Code, Article 4, Table 12: Design Review Criteria
Lodging Use Analysis 4: A request for an Exception requires review and analysis, according to
Maim 21 Zoning Code, Article 7, Section 7.1.2.6.b.4, "as appropriate to the nature of the Exception
involved and the particular circumstances of the case, the following criteria shall apply to an
application for an Exception. 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. The review
shall consider the manner in which the proposed Use will operate given its specific location and
proximity to less intense Uses and shall apply Article 4, Table 12 Design Review Criteria, as
applicable."
The proposed Hotel is designed to promote pedestrian interaction, and all walls are active
Facades, with doors and windows. Staff finds the proposed Hotel meets the intent of Article 4,
Table 12.
Lodging Use Findings 4:
Complies
Exception Request 2 Alcohol Service Establishment ("Nightclub"):
Exception pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of Miami 21 Code and
Chapter 4, Sections 4-5 and 4-7(c) of the City Code of Ordinances, as amended, (the "City
Code") to permit, with City Commission approval, an Alcohol Service Establishment (the
"Nightclub") in excess of 5,000 square feet in the Miami Riverside Specialty District.
The hours of operation will be Thursday through Sunday from 10:00 PM to 5:00 AM and there will
be approximately 91 employees.
Nightclub Criteria 1:
An operational/business plan that addresses hours of operation, number of employees, menu
items, business goals, and other operational characteristics pertinent to the application.
Nightclub Analysis 1:
According to the Applicant's operational plan, the proposed Nightclub will operate from Thursday
to Sunday from 10:00 PM to 5:00 AM with a 4COP Quota License. Breakwater Hospitality Group,
LLC, operator, will have approximately 91 employees, and will define its menu in line with other
world -class venues.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 14
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
Nightclub Findings 1:
Complies
Nightclub Criteria 2:
A parking plan which fully describes where and how the parking is to be provided and utilized,
e.g.,valet, self -park, shared parking, after -hour metered spaces, and the manner in which the
parking is to be managed. The city commission or the PZAB, as applicable, may grant approval
for 100 percent of the required parking to be located offsite within a distance of 600 feet from the
subject alcohol service establishment if the proposed parking is to be "self -park" and a distance
of 1,000 feet from the subject alcohol service establishment if the proposed parking is to be by
"valet."
Nightclub Analysis 2:
The Applicant Riverside Wharf seeks approval of the City to provide 100% of the parking to be
located offsite. The property will utilize a mixture of valet parking and self -parking (50%-50%) as
per the Traffic Study being submitted to City of Miami by Cory Dorman, P.E., of Kimley Horn.
Self -Park:
The surrounding municipal parking lots (#14, #15, #17, and #33) are to be used to by guests and
employees to self -park for Riverside Wharf. Lots #14, #15, #17, and #33 are all within 600 feet of
the Riverside Wharf property.
Valet:
The Applicant will enter into an agreement with the Miami Parking Authority (MPA) to utilize the
surrounding municipal parking lots (#14, #15, #17, and #33) for valet parking operations. Lots
#14, #15, #17, and #33 are all within 1000 feet of the Riverside Wharf property. The negotiations
with the MPA have already commenced. Agreements will be put in place prior to permits being
issued.
Nightclub Findings 2:
Complies
Nightclub Criteria 3:
For alcohol service establishments proposing capacities over 300 persons, an indoor/outdoor
crowd control plan that addresses how large groups of people waiting to gain entry into the alcohol
service establishment and already on the premises will be controlled.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 15
5/24/22
411y!arR�
NOTICE
This submittal needs b te• scheduled b, s public hearing
In accortla,re wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewthe inbrmation at the public hearing to render e
recommendation or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
Nightclub Analysis 3:
Guests will have access to the venue via one (1) of six (6) passenger elevators provided for
centralized guest access. Crowd Control Monitors will be utilized at all times at the elevator bank
to maintain efficient ingress/egress for guests. Additionally, guests will have access to two (2)
additional service elevators and four (4) stairwells for purposes of emergency exits.
Nightclub Findings 3:
Complies
Nightclub Criteria 4:
A security plan for the alcohol service establishment and any parking facility.
Nightclub Analysis 4:
The Nightclub shall maintain constant training to guarantee adequate training and adherence to
procedures including enforcement of age restrictions. Security personnel will be maintained at the
venues and throughout the property to provide overall control and supervision. A CCTV camera
system will be maintained throughout the Property as well as within each venue to provide
constant monitoring of the property conditions.
Nightclub Findings 4:
Complies
Nightclub Criteria 5:
For Nightclubs proposing capacities over 300 persons, a traffic study and traffic circulation
analysis and plan that details the impact of projected traffic on the immediate neighborhood and
how this impact is to be mitigated.
Nightclub Analysis 5:
Traffic Methodology, prepared by Cory Dorman, P.E., of Kimley Horn was submitted and
approved by the City of Miami. Kimley Horn has completed their traffic study and is preparing its
submittal to the City of Miami as required.
Nightclub Findings 5:
Complies
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 16
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• scheduled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
MiamiCWe. Theappliwd' declsion-r &'g bwywill
rewewthe inbrmation at the public hearing to render e
recommendation or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
Nightclub Criteria 6:
A sanitation plan which addresses on -site facilities as well as off -premises issues resulting from
the operation of the Nightclub.
Nightclub Analysis 6:
Trash and recycling services shall be maintained via private provider contracting that shall be
collected at two centralized collection points on the Ground Floor of the Property that is accessible
to all operations and venues of the Property.
Nightclub Findings 6:
Complies
Nightclub Criteria 7:
Proximity of the proposed Nightclub to districts —residential.
Nightclub Analysis 7:
Directly to the west and across the Miami River, there are two parcels that are zoned "T4-R"
General Urban Transect Zone — Restricted. Both parcels are owned by the Florida Department
of Transportation and contain no residential uses.
Nightclub Findings 7:
Complies
Nightclub Criteria 8:
If the proposed Nightclub is within 200 feet of any residential use, a noise attenuation plan that
addresses how noise will be controlled shall be required, especially in the case of indoor/outdoor
uses.
Nightclub Analysis 8:
Per the signed and sealed survey submitted as part of the Alcohol Reservation Letter, there are
no residences within 500 feet from the nearest point of the proposed Nightclub to the front
entrance of the proposed establishment along the route of ordinary pedestrian traffic.
Given the location of the proposed use, the Planning Department requests a noise attenuation
plan that addresses how noise will be controlled in accordance with Chapter 36 of the City Code.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 17
5/24/22
411y!arR�
NOTICE
This submittal needs b te• ach.&u d b, s public hexhng
In accortla,re wM1h tlmell,1 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing t, re,d,,
recomme dtl ., or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
Nightclub Findings 8:
Complies
Nightclub Criteria 9: Miami 21 Code, Article 4, Table 12: Design Review Criteria
Nightclub Analysis 9: A request for an Exception requires review and analysis, according to Maim
21 Zoning Code, Article 7, Section 7.1.2.6.b.4, "as appropriate to the nature of the Exception
involved and the particular circumstances of the case, the following criteria shall apply to an
application for an Exception. 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. The review
shall consider the manner in which the proposed Use will operate given its specific location and
proximity to less intense Uses and shall apply Article 4, Table 12 Design Review Criteria, as
applicable."
It is found that the proposed Nightclub revitalizes the Property and has been designed to meet
the design review criteria of Article 4, Table 12.
Nightclub Findings 9:
Complies
Exception Request 3 Alcohol Service Establishment (the "Ground Level Bar")
Exception pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of Miami 21 Code and
Chapter 4, Sections 4-5 and 4-7(c) of the City Code to permit, with City Commission approval,
an Alcohol Service Establishment (the "Ground Level Bar") in excess of 5,000 square feet in the
Miami Riverside Specialty District.
Ground Level Bar Criteria 1:
An operational/business plan that addresses hours of operation, number of employees, menu
items, business goals, and other operational characteristics pertinent to the application.
Ground Level Bar Analysis 1:
According to the Applicant's operational plan, the proposed Ground Level Bar will operate Monday
through Sunday from 11:00 AM to 3:00 AM with a 4COP Quota License. Breakwater Hospitality
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 18
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
Group, LLC, operator, will have approximately 55 employees, and will define its menu in line with
other world -class venues.
Ground Level Bar Findings 1:
Conditionally Complies
Ground Level Bar Criteria 2:
A parking plan which fully describes where and how the parking is to be provided and utilized,
e.g.,valet, self -park, shared parking, after -hour metered spaces, and the manner in which the
parking is to be managed. The city commission or the PZAB, as applicable, may grant approval
for 100 percent of the required parking to be located offsite within a distance of 600 feet from the
subject alcohol service establishment if the proposed parking is to be "self -park" and a distance
of 1,000 feet from the subject alcohol service establishment if the proposed parking is to be by
"valet."
Ground Level Bar Analysis 2:
The Applicant seeks approval of the City to provide 100% of the parking to be offsite. The property
will utilize a mixture of valet parking and self -parking (50%-50%) as per the Traffic Study being
submitted to City of Miami by Cory Dorman, P.E., of Kimley Horn.
Self -Park:
The surrounding municipal parking lots (#14, #15, #17, and #33) are to be used to by guests and
employees to self -park for Riverside Wharf. Lots #14, #15, #17, and #33 are all within 600 feet of
the Riverside Wharf property.
Valet:
The Applicant will enter into an agreement with the Miami Parking Authority (MPA) to utilize the
surrounding municipal parking lots (#14, #15, #17, and #33) for valet parking operations. Lots
#14, #15, #17, and #33 are all within 1000 feet of the Riverside Wharf property. The negotiations
with the MPA have already commenced. Agreements will be put in place prior to permits being
issued.
Ground Level Bar Findings 2:
Complies
Ground Level Bar Criteria 3:
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 19
5/24/22
411y!arR�
NOTICE
This submittal needs b te• scheduled b, s public hearing
In accortla,re wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewthe inbrmation at the public hearing to render e
recommendation or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
For alcohol service establishments proposing capacities over 300 persons, an indoor/outdoor
crowd control plan that addresses how large groups of people waiting to gain entry into the alcohol
service establishment and already on the premises will be controlled.
Ground Level Bar Analysis 3:
This Ground Level Bar will have direct street access from its ground floor location; guests will be
able to utilize multiple ingress and egress paths that will be monitored by venue staff at all times.
Additionally, guests will have access to the public Riverwalk along the waterfront portion of the
property. The venue will have full ADA accessibility to all portions of the venue as required by
code.
Ground Level Bar Findings 3:
Complies
Ground Level Bar Criteria 4:
A security plan for the alcohol service establishment and any parking facility.
Ground Level Bar Analysis 4:
The proposed Alcohol Services Establishments shall maintain constant training to guarantee
adequate training and adherence to procedures including enforcement of age restrictions.
Security personnel will be maintained at the venues and throughout the property to provide overall
control and supervision. A CCTV camera system will be maintained throughout the Property as
well as within each venue to provide constant monitoring of the property conditions.
Ground Level Bar Findings 4:
Complies
Ground Level Bar Criteria 5:
For alcohol service establishments proposing capacities over 300 persons, a traffic study and
traffic circulation analysis and plan that details the impact of projected traffic on the immediate
neighborhood and how this impact is to be mitigated.
Ground Level Bar Analysis 5:
Traffic Methodology, prepared by Cory Dorman, P.E., of Kimley Horn was submitted and
approved by the City of Miami. Kimley Horn has completed their traffic study and is preparing its
submittal to the City of Miami as required.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 20
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• scheduled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
MiamiCWe. Theappliwd' declsion-r &'g bwywill
rewewthe inbrmation at the public hearing to render e
recommendation or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
Ground Level Bar Findings 5:
Complies
Ground Level Bar Criteria 6:
A sanitation plan which addresses on -site facilities as well as off -premises issues resulting from
the operation of the alcohol service establishment.
Ground Level Bar Analysis 6:
Trash and Recycling services shall be maintained via private provider contracting that shall be
collected at two centralized collection points on the Ground Floor of the Property that is accessible
to all operations and venues of the Property.
Ground Level Bar Findings 6:
Complies
Ground Level Bar Criteria 7:
Proximity of the proposed alcohol service establishment to districts —residential.
Ground Level Bar Analysis 7:
Directly to the west and across the Miami River, there are two parcels that are zoned "74-R"
General Urban Transect Zone — Restricted. Both parcels are owned by the Florida Department
of Transportation and contain no residential uses.
Ground Level Bar Findings 7:
Complies
Ground Level Bar Criteria 8:
If the proposed alcohol service establishment is within 200 feet of any residential use, a noise
attenuation plan that addresses how noise will be controlled shall be required, especially in the
case of indoor/outdoor uses.
Ground Level Bar Analysis 8:
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 21
5/24/22
411y!arR�
NOTICE
This submittal needs b te• ach.&u d b, s public hexhng
In accortla,re wM1h tlmell,1 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing t, re,d,,
recomme dtl ., or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
Per the signed and sealed survey submitted as part of the Alcohol Reservation Letter, there are
no residences within 500 feet from the nearest point of the proposed Ground Level Bar to the
front entrance of the proposed establishment along the route of ordinary pedestrian traffic.
Given the location of the proposed use, the Planning Department requests a noise attenuation
plan that addresses how noise will be controlled in accordance with Chapter 36 of the City Code.
Ground Level Bar Findings 8:
Complies
Ground Level Bar Criteria 9: Miami 21 Code, Article 4, Table 12: Design Review Criteria
Analysis 9: A request for an Exception requires review and analysis, according to Maim 21 Zoning
Code, Article 7, Section 7.1.2.6.b.4, "as appropriate to the nature of the Exception involved and
the particular circumstances of the case, the following criteria shall apply to an application for an
Exception. 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. The review shall consider
the manner in which the proposed Use will operate given its specific location and proximity to less
intense Uses and shall apply Article 4, Table 12 Design Review Criteria, as applicable."
It is found that the proposed Alcohol Service Establishment will revitalize the Property and has
been designed to meet the design review criteria of Article 4, Table 12.
Ground Level Bar Findings 9:
Complies
Exception Request 4 Alcohol Service Establishment (the "Roof Top Bar"):
Exception pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of Miami 21 Code and
Chapter 4, Sections 4-5 and 4-7(c) of the City Code to permit, with City Commission approval,
an Alcohol Service Establishment (the "Roof Top Bar") in excess of 5,000 square feet in the Miami
Riverside Specialty District;
The hours of operation will be Thursday through Sunday from 12:00 PM to 11:00 PM and there
will be approximately 91 employees.
Roof Top Bar Criteria 1:
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 22
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
Operational plan. An operational/business plan that addresses hours of operation, number of
employees, menu items, business goals, and other operational characteristics pertinent to the
application.
Roof Top Bar Analysis 1:
According to the Applicant's operational plan, the proposed Roof Top Bar will operate Thursday
through Sunday from 12:00 PM to 11:00 PM with a 4COP Quota License will have approximately
91 employees.
Roof Top Bar Findings 1:
Complies
Roof Top Bar Criteria 2:
A parking plan which fully describes where and how the parking is to be provided and utilized
,e.g., valet, self -park, shared parking, after -hour metered spaces, and the manner in which the
parking is to be managed. The city commission or the PZAB, as applicable, may grant approval
for 100 percent of the required parking to be located offsite within a distance of 600 feet from the
subject alcohol service establishment if the proposed parking is to be "self -park" and a distance
of 1,000 feet from the subject alcohol service establishment if the proposed parking is to be by
"valet."
Roof Top Bar Analysis 2:
Riverside Wharf is seeking approval of the City to provide 100% of the parking to be offsite. The
property will utilize a mixture of valet parking and self -parking (50%-50%) as per the Traffic Study
being submitted to City of Miami by Cory Dorman, P.E., of Kimley Horn.
Self -Park:
The surrounding municipal parking lots (#14, #15, #17, and #33) are to be used to by guests and
employees to self -park for Riverside Wharf. Lots #14, #15, #17, and #33 are all within 600 feet of
the Riverside Wharf property.
Valet:
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 23
5/24/22
411y!arR�
NOTICE
This submittal needs b te• scheduled b, s public hearing
In accortla,re wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewthe inbrmation at the public hearing to render e
recommendation or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
Riverside Wharf will enter into an agreement with the Miami Parking Authority (MPA) to utilize the
surrounding municipal parking lots (#14, #15, #17, and #33) for valet parking operations. Lots
#14, #15, #17, and #33 are all within 1000 feet of the Riverside Wharf property. The negotiations
with the MPA have already commenced . Agreements will be put in place prior to permits being
issued.
Roof Top Bar Findings 2:
Complies
Roof Top Bar Criteria 3:
For Roof Top Bar proposing capacities over 300 persons, an indoor/outdoor crowd control plan
that addresses how large groups of people waiting to gain entry into the alcohol service
establishment and already on the premises will be controlled.
Roof Top Bar Analysis 3:
Guests will have access to the venue via one (1) of six (6) passenger elevators provided for
centralized guest access. Crowd Control Monitors will be utilized at all times at the elevator bank
to maintain efficient ingress/egress for guests. Additionally, guests will have access to two (2)
additional service elevators and four (4) stairwells for purposes of emergency exits.
Roof Top Bar Findings 3:
Complies
Roof Top Bar Criteria 4:
A security plan for the alcohol service establishment and any parking facility.
Roof Top Bar Analysis 4:
The Roof Top Bar shall maintain constant training to guarantee adequate training and adherence
to procedures including enforcement of age restrictions. Security personnel will be maintained at
the venues and throughout the property to provide overall control and supervision. A CCTV
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 24
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• scheduled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewthe inbrmatiran at the public hearing to render e
recommendation or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
camera system will be maintained throughout the Property as well as within each venue to provide
constant monitoring of the property conditions.
Roof Top Bar Findings 4:
Complies
Roof Top Bar Criteria 5:
For Roof Top Bar proposing capacities over 300 persons, a traffic circulation analysis and plan
that details the impact of projected traffic on the immediate neighborhood and how this impact is
to be mitigated.
Roof Top Bar Analysis 5:
Traffic Methodology, prepared by Cory Dorman, P.E., of Kimley Horn was submitted and
approved by the City of Miami. Kimley Horn has completed their traffic study and is preparing its
submittal to the City of Miami as required.
Roof Top Bar Findings 5:
Complies
Roof Top Bar Criteria 6:
A sanitation plan which addresses on -site facilities as well as off -premises issues resulting from
the operation of the alcohol service establishment.
Roof Top Bar Analysis 6:
Trash and recycling services shall be maintained via private provider contracting that shall be
collected at two centralized collection points on the Ground Floor of the Property that is accessible
to all operations and venues of the Property.
Roof Top Bar Findings 6:
Complies
Roof Top Bar Criteria 7:
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 25
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• scheduled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
MiamiCWe. Theappliwd' declsion-r &'g bwywill
rewewthe inbrmation at the public hearing to render e
recommendation or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
A plan depicting proximity of the proposed alcohol service establishment to districts —residential.
Roof Top Bar Analysis 7:
Directly to the west and across the Miami
General Urban Transect Zone — Restricted.
of Transportation and contain no residential
River.
Roof Top Bar Findings 7:
Complies
Roof Top Bar Criteria 8:
River, there are two parcels that are zoned "74-R"
Both parcels are owned by the Florida Department
uses. The district is further buffered by the Miami
If the proposed alcohol service establishment is within 200 feet of any residential use, a noise
attenuation plan that addresses how noise will be controlled shall be required.
Roof Top Bar Analysis 8:
Per the signed and sealed survey submitted as part of the Alcohol Reservation Letter, there are
no residences within 200 feet from the nearest point of the proposed ay Day Club to the front
entrance of the proposed establishment along the route of ordinary pedestrian traffic.
Given the location of the proposed use, the Planning Department requests a noise attenuation
plan that addresses how noise will be controlled in accordance with Chapter 36 of the City Code.
Roof Top Bar Findings 8:
Complies
Roof Top Bar Criteria 9: Criteria 9: Miami 21 Code, Article 4, Table 12: Design Review
Criteria
A request for a Warrant requires review and analysis, according to Maim 21 Zoning Code, Article
7, Section 7.1.2.4.d, "As appropriate to the nature of the Warrant involved and the particular
circumstances of the case, the following criteria shall apply to a Warrant application. The
application shall be reviewed for compliance with this Code. The review shall consider the intent
of the Transect, the guiding principles of the Miami 21 Code, and the manner in which the
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 26
5/24/22
411y!arR�
NOTICE
This submittal needs b te• ach.&u d b, s public hexhng
In accortla,re wM1h tlmell,1 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing t, re,d,,
recomme dtl ., or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
proposed Use will operate given its specific location and proximity to less intense Uses. The
review shall also apply Article 4, Table 12, Design Review Criteria, as applicable."
Roof Top Bar Analysis 9:
It is found that the proposed Alcohol Service Establishment will revitalize the Property and has
been designed to meet the design review criteria of Article 4, Table 12.
Roof Top Bar Findings 9:
Complies
Warrant Requests
Warrant request 1 Food Service Establishment ("Restaurant 1")
Warrant pursuant to Article 4, Table 3, Article 6, Table 13, and Article 7, Section 7.1.2.4 of
Miami 21 Code to permit a Food Service Establishment (the "Restaurant 1 ") on the second and
third floors.
Restaurant 1, Criteria 1:
Miami 21 Code, Article 4, Table 12: Design Review Criteria
A request for a Warrant requires review and analysis, according to Maim 21 Zoning Code, Article
7, Section 7.1.2.4.d, "As appropriate to the nature of the Warrant involved and the particular
circumstances of the case, the following criteria shall apply to a Warrant application. The
application shall be reviewed for compliance with this Code. The review shall consider the intent
of the Transect, the guiding principles of the Miami 21 Code, and the manner in which the
proposed Use will operate given its specific location and proximity to less intense Uses. The
review shall also apply Article 4, Table 12, Design Review Criteria, as applicable."
Restaurant 1, Analysis 1:
The Applicant proposes a Restaurant on the second and third floors of the City Owned Parcel.
The space is comprised of approximately 21,403 square feet. The interior space is approximately
18,563 square feet, while the exterior space is approximately 2,840 square feet. The operator will
obtain a Special Restaurant License (SRX) to serve alcohol. It is found that the proposed
Restaurant revitalize the Property and has been designed to meet the design review criteria of
Article 4, Table 12.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 27
5/24/22
411y!arR�
NOTICE
This submittal needs b te• ach.&u d b, s public hexhng
In accortla,re wM1h tlmell,1 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing t, re,d,,
recomme dtl ., or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
Restaurant 1, Findings 1:
Complies
Restaurant 1, Criteria 2:
Miami 21 Code, Article 6, Table 13: Supplemental Regulations
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City
Code, entitled "Alcoholic Beverages."
Establishments under 2,500 square feet of FloorArea with a valid 4COP alcohol beverage license
shall require a Warrant.
Restaurant 1, Analysis 2:
Restaurant 1 is approximately 21,403 square feet of interior and exterior space.
Restaurant 1, Findings 2:
Complies
Warrant request 2 Food Service Establishment ( "Restaurant 2")
Warrant Request 2 pursuant to Article 4, Table 3, Article 6, Table 13, and Article 7, Section
7.1.2.4 of Miami 21 Code to permit a Food Service Establishment (the "Restaurant 2") on the
ground floor and mezzanine .
Restaurant 2, Criteria 1:
Miami 21 Code, Article 4, Table 12: Design Review Criteria
A request for a Warrant requires review and analysis, according to Maim 21 Zoning Code, Article
7, Section 7.1.2.4.d, "As appropriate to the nature of the Warrant involved and the particular
circumstances of the case, the following criteria shall apply to a Warrant application. The
application shall be reviewed for compliance with this Code. The review shall consider the intent
of the Transect, the guiding principles of the Miami 21 Code, and the manner in which the
proposed Use will operate given its specific location and proximity to less intense Uses. The
review shall also apply Article 4, Table 12, Design Review Criteria, as applicable."
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 28
5/24/22
411y!arR�
NOTICE
This submittal needs b te• ach.&u d b, s public hexhng
In accortla,re wM1h tlmell,1 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing t, re,d,,
recomme dtl ., or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
Analysis 1:
The Applicant proposes Restaurant 2 with Outdoor Dining on the Ground Floor and Mezzanine
of the Private Owned Parcel. The Restaurant space is comprised of approximately 12,648 square
feet, including approximately 9,010 square feet exterior space. The operator will obtain a Special
Restaurant License (SRX) to serve alcohol. The hours of operation will be Monday through
Sunday from 11:00 AM to 3:00 AM. It is found that the proposed Restaurant revitalize the Property
and has been designed to meet the design review criteria of Article 4, Table 12.
Restaurant 2, Findings 1:
Complies
Restaurant 2, Criteria 2:
Miami 21 Code, Article 6, Table 13: Supplemental Regulations
Establishments with a valid alcohol beverage license shall be subject to Chapter 4 of the City
Code, entitled "Alcoholic Beverages."
Establishments under 2,500 square feet of FloorArea with a valid 4COP alcohol beverage license
shall require a Warrant.
Restaurant 2, Analysis 2:
Restaurant 2 is approximately 12,648 square feet of interior and exterior space.
Restaurant 2, Findings 2:
Complies
Warrant Request 3 General Commercial use ("Fish Market")
Warrant pursuant to Article 4, Table 3 and Article 7, Section 7.1.2.4 of Miami 21 Code to permit
a General Commercial Use (the "Fish Market").
Fish Market, Analysis: 16,
A request for a Warrant requires review and analysis, according to Maim 21 Zoning Code, Article
7, Section 7.1.2.4.d, "As appropriate to the nature of the Warrant involved and the particular
circumstances of the case, the following criteria shall apply to a Warrant application. The
application shall be reviewed for compliance with this Code. The review shall consider the intent
of the Transect, the guiding principles of the Miami 21 Code, and the manner in which the
proposed Use will operate given its specific location and proximity to less intense Uses. The
review shall also apply Article 4, Table 12, Design Review Criteria, as applicable."
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 29
5/24/22
411y!arR�
NOTICE
This submittal needs b te• ach.&u d b, s public hexhng
In accortla,re wM1h tlmell,1 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing t, re,d,,
recomme dtl ., or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
The Applicant proposes a Fish Market on the Ground Level. The space is comprised of
approximately 582 square feet. The hours of operation will be Monday through Sunday from 11:00
AM to 1:00 AM.
It is found that the proposed Fish Market is within the boundaries of the Property and will not disrupt
the safe flow of pedestrians and has been designed to meet the design review criteria of Article 4,
Table 12.
Fish Market Findings:
Complies
Warrant Request 4 Place of Assembly ("Event Space")
Warrant pursuant to Article 4, Table 3 and Article 7, Section 7.1.2.4 of Miami 21 Code to permit
a Place of Assembly (the "Event Space");
Event Space Analysis:
A request for a Warrant requires review and analysis, according to Maim 21 Zoning Code, Article
7, Section 7.1.2.4.d, "As appropriate to the nature of the Warrant involved and the particular
circumstances of the case, the following criteria shall apply to a Warrant application. The
application shall be reviewed for compliance with this Code. The review shall consider the intent
of the Transect, the guiding principles of the Miami 21 Code, and the manner in which the
proposed Use will operate given its specific location and proximity to less intense Uses. The
review shall also apply Article 4, Table 12, Design Review Criteria, as applicable."
The Applicant proposes the Event Space on the fourth and fifth floors of the City Owned Parcel.
The space is comprised of approximately 17,884. The Event Space will be rented out for special
events. The space will only be open during those times in which it is rented. The venue will only
have three (3) employees.. All food beverage, and labor will be provided via catering companies.
It is found that the proposed Place of Assembly will revitalize the Property and has been designed
to meet the design review criteria of Article 4, Table 12.
Event Space Findings:
Complies
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 30
5/24/22
411y!arR�
NOTICE
This submittal needs b te• scheduled b, s public hearing
In accortla,re wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewthe inbrmation at the public hearing to render e
recommendation or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
Warrant Request 4 Outdoor Dining
Warrant pursuant to Article 6, Section 6.3.2 and Article 7, Section 7.1.2.4 of Miami 21 to
permit Outdoor Dining.
Outdoor Dining Analysis:
A request for a Warrant requires review and analysis, according to Maim 21 Zoning Code,
Article 7, Section 7.1.2.4.d, "As appropriate to the nature of the Warrant involved and the
particular circumstances of the case, the following criteria shall apply to a Warrant application.
The application shall be reviewed for compliance with this Code. The review shall consider
the intent of the Transect, the guiding principles of the Miami 21 Code, and the manner in
which the proposed Use will operate given its specific location and proximity to less intense
Uses. The review shall also apply Article 4, Table 12, Design Review Criteria, as applicable."
The Applicant proposes an Outdoor Dining Master Plan. According to their submittal, the
Outdoor Dining Use is an expansion of the proposed Restaurant 1, Restaurant 2, Ground
Level Bar, Roof Top Bar, Hotel amenities, and Hotel pool top deck.
Restaurant 1 layout is comprised of two Outdoor Dining Areas. The first floor of the Private
Owned Parcel is approximately 5,800 square feet with 16 tables, 43 chairs, and 8 benches
that accommodates 32 individuals. The mezzanine level of the Private Owned Parcel is
approximately 3,210 square feet with 28 tables, 76 chairs, and 5 benches that accommodates
20. The hours of operation will be Monday through Sunday from 11:00 AM to 1:00 AM.
Restaurant 2 layout is comprised of one Outdoor Dining Area. The second floor of the Private
Owned Parcel is approximately 2,840 square feet with 17 tables and 64 chairs. The hours of
operation will be Monday through Sunday from 11:00 AM to 3:00 AM.
The Ground Level Bar is comprised of two Outdoor Dining areas. The first floor of the City
Owned Parcel is approximately 7,050 square feet with 15 tables and 67 chairs. The second
floor of the City Owned Parcel is approximately 1,950 square feet with 6 tables and 35 chairs.
The hours of operation will be Monday through Sunday from 11:00 AM to 3:00 AM.
The Roof Top Bar is comprised of one Outdoor Dining area. The either floor of the City Owned
Parcel is approximately 14,656 square feet with 35 tables, 104 chairs, and 12 benches which
accommodates 48. The hours of operation will be Thursday through Sunday from 12:00 PM
tol 1:00 PM
The Hotel Amenity space is comprised of one Outdoor Dining area. Located on the 2 floor of
the Private Owned Parcel is approximately 1,205 square feet with 7 tables and 28 chairs.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 31
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• scheduled b, s public hearing
In accortlanre wM1h tlrnell11 set iodh in the City &
MiamiCWe. The appliwd' declsion-r &'g bwywill
rewewthe inbrmation at the public hearing to render e
recommendation or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
The Hotel Pool Deck space is comprised of one Outdoor Dining area. Located on the rooftop
of the Private Owned Parcel is approximately 8,890 square feet with 12 tables, 84 chairs, and
6 benches that accommodates 24.
It is found that the proposed Outdoor Dining area is contained within the boundaries of the
Property and will not disrupt the safe flow of pedestrians. Furthermore, the outdoor dining has
been designed to meet the design review criteria of Article 4, Table 12.
Outdoor Dining Findings:
Complies
Waiver Request 1:
Waiver requested pursuant to Article 7, Section 7.1.2.5(a)(29) to permit a 10% decrease in
the Principal Frontage Setback for a portion of the Project.
Analysis:
The Applicant requests a Waiver pursuant to Section 7.1.2.5(a)(29) of Miami 21 to permit a
10% decrease of the required Principal Frontage Setback along SW North River Drive. The
Property has a unique shape and the frontage line along SW North River Drive which creates
a "zig-zag" lot line. The proposed Waiver allows a Frontage Setback of 4 feet 6 inches where
five feet is typically required. The Planning Department finds the six-inch encroachment into
the required setback is necessary to create a uniform Fagade Frontage line.
Findings:
Complies
Waiver Request 2:
Waiver requested pursuant to Article 4, Table 4 to allow an up to 50% parking reduction for
properties located within a TOD.
Analysis:
The Property is located in a TOD and well -served by multiple transportation networks including
the Miami Dade Metro Rail, Metro Mover, and City of Miami Trolley. The Planning Department
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 32
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
finds that the request to reduce required parking by up to 50%, will not unduly burden the
neighborhood due to the Property's access to transportation, and the nature and type of
prospective Uses. The proposed reduction would reduce the parking requirement from 356
parking spaces to 178 parking spaces offsite and will make a payment into the transit
enhancement Trust Fund, as established in Chapter 35 of the City Code.
Findings:
Conditionally complies
Wavier Request 3:
Waiver pursuant to Article 4, Table 5 of Miami 21 to allow the substitution of Loading Berths
to exchange one (1) Commercial Berth for two (2) Residential Loading Berths.
Analysis:
Pursuant to Article 4, Table 5, a required commercial loading berth may be substituted for two
residential loading berths, by process of Waiver, "if the size, character, and operation of the
Use is found to not require the dimensions specified and the required loading berth dimension
could not otherwise be provided according to the regulations of this Code."
To allow for a more functional Loading area and concurrent loading within the building, the
project proposes to substitute two Residential loading berths for the one Commercial loading
space required for the Lodging Use. The required loading berths for the Commercial Use, one
Commercial Berth and one Residential Berth, remain unchanged.
Findings:
Complies
Waiver Request 4:
Waiver pursuant to Article 4, Table 4 of Miami 21 to allow parking to be locate offsite within
1,000 feet of the Property.
Analysis:
The Property is located in a TOD and well -served by multiple transportation networks. The
Planning Department finds that the request to locate parking offsite within 1,000 feet of the
Property allows the Applicant to utilize the entirety of the Property to activate the waterfront,
and will minimize conflict between patrons arriving on foot, by public transportation, or by car.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 33
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• ach.&u d b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
The Applicant proposes to utilize offsite parking facilities within 500 feet of the Property which
would permit both self -parking and valet parking.
Findings:
Conditionally complies.
Waiver Request 5:
Waiver pursuant to Article 5, Section 5.10.2(g) of Miami 21 to permit extensions above the
maximum Height for stair, elevator, and mechanical enclosures.
Analysis:
Pursuant to Article 5, Section 5.10.2(g), an extension above the maximum Height is permitted
by process of Waiver for stair, elevator, and mechanical enclosures. The Project proposes a
ten -foot extension for the elevator/stair housing above the maximum Height on the rooftop of
the North building. According to the Applicant's Letter of Intent, ten feet is the minimum
necessary to house the stairs and elevator for the Project and to screen rooftop mechanical
equipment. The Planning Department finds that the additional Height minimizes the visual
impact of rooftop mechanical equipment one the surrounding area.
Findings:
Complies
F. NEIGHBORHOOD SERVICES
The Planning Department has made referrals to the agencies and divisions below:
• Building Department
o Environmental Resources
o Fire
• Code Compliance
• Coordinated Review Committee
• Miami River Commission
• Planning Department
o Arts in Public Places
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 34
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• ach.&u d b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
o Development of Regional Impact
o Urban Design
• Resilience and Public Works Department
o Transportation Division
• Urban Development Review Board
• Office of Zoning
G. CONCLUSION
Pursuant to Article 7, Sections 7.1.2.6, 7.1.2.4, and 7.1.2.5 of the Miami 21 Code, and
Chapter 4, Alcoholic Beverages of the City Code, the Planning Department recommends
Approval with Conditions of the four Exceptions, five Warrants, and five Waivers as
presented with the following conditions:
H, CONDITIONS
1. The Project shall be developed in accordance with the plans and supporting documents
submitted, bearing the E-Plan stamp for Exception PZ-21-10943.
2. This Project has been approved for the "Riverside Wharf' development consisting of
approximately 222,279 square feet of mixed -use space including: a 174 key Hotel with
amenities, Event Hall, and rooftop pool; two full -service Food Service Establishments on
the ground floor of the Private Owned Parcel building and floors two and three of the City
Owned Parcel three Alcohol Service Establishments on the ground floor, floors six and
seven, and the rooftop of the South building; and outdoor dining areas on three levels
with 178 off -site parking spaces, as shown on the approved plans and supporting
documents.
3. The Project is pending a lease extension approval and an approval with respect to
Lodging units being built on the City parcel on the August 23, 2022 voter referendum.
4. Prior to issuance of a building permit, the Applicant, owner, or successor shall provide a
recorded Unity of Title or Covenant In lieu of Unity of Title, subject to all approval
processes.
5. Prior to the issuance of a building permit, the Applicant, owner, or successor shall
provide a parking plan indicating the location and number of offsite parking spaces
available for the proposed Uses, and its distance from the Property. The parking plan
shall demonstrate that use of said parking spaces will not result in a deficiency for any
Use(s) that currently utilize the parking facility. The Applicant, owner, or successor shall
provide a recorded covenant running with both the Property and the site where parking
will be provided.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 35
5/24/22
411y!arR�
NOTICE
This submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewiheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
6. Prior to issuance of a building permit, the Applicant, owner, or successor shall provide
proof of payment into the transit enhancement Trust Fund pursuant to Chapter 35 of the
City Code for parking ratio reductions in accordance with Article 4, Table 4.
7. Prior to the issuance of any building permit, the Applicant, owner, or successor shall
provide revised bicycle parking calculations in accordance with Article 4, Table 4.
Required bicycle parking shall be calculated based on vehicular parking prior to any
reductions. Applicant, owner, or successor shall provide updated plans indicating the
number and location of bicycle parking spaces in accordance with Article 3, Section
3.6.10 of Miami 21 Code.
8. The Waterfront walkway Circulation Zone shall provide a clear path no less than twelve
feet in total width in accordance with Article 3, Section 3.11.b.6 of the Miami 21 Code.
9. Any request for deviation from Article 3, Section 3.11.b.6 shall require review and
approval by City Commission.
10. The required Waterfront walkway shall, at a minimum, remain open to the public
between the hours of 6:00 am and 10:00 pm in accordance with Appendix B, Section
2.2.b of the Miami 21 Code.
11. Prior to the issuance of a building permit, the Applicant, owner, or successor shall
comply with each requirement of United States Green Building Council (USBGC) LEED
Silver or equivalent standards adopted by the City pursuant to Article 3, Section 3.13.b.
of the Miami 21 Code.
12. The Applicant shall employ the following design and mitigation measures for the site's
audio system in addition to any other requirements as determined by staff:
a. Music be provided by a permanently installed "house system" which is used for all
music, including that provided by all performers and/or DJ's.
b. The use of a distributed audio system consisting of several small- to medium sized
loudspeakers to evenly spread sound throughout the rooftop.
c. The loudspeakers should be oriented to direct sound inward and not east of the
rooftop.
d. The system be controlled by a digital signal processor (DSP) with the ability tolimit the
system's output as necessary.
o The output levels can still be adjusted as necessary but not beyond a
predetermined limit.
o Frequency -specific limits are recommended to effectively control low
frequency.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 36
5/24/22
411y!arR�
NOTICE
This submittal needs b te• achetluled b, s public hexhng
In accortla,re wM1h tlmell,1 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewiheinbrmation at the pubic hearing t, re,d,,
recomme dtl ., or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
o Sound levels.
e. The system's output controls be accessible only by management.
13. Prior to issuance of a building permit, the Applicant, owner, or successor shall provide
the Planning Department with a temporary construction plan that addresses construction
phasing and includes the following elements:
a. Temporary construction parking plan, with an enforcement policy; and
b. Construction noise management plan with an enforcement policy;
14. The Applicant, owner, or successor shall comply with recommendation #2 of the Urban
Development Review Board (UDRB) to provide one ADA space directly in front of the
building, illustrate ADA zones on the plans, and further study that adjacency of the
required ADA spaces to the site, as listed in the UDRB Resolution and uploaded as
PZD-8.
15. The Applicant, owner, or successor shall comply with the recommendations of the
Coordinated Review Committee (CRC).
16. The Applicant, owner, or successor shall comply with the recommendations Climate
Resilience Committee recommendations.
17. Prior to the issuance of a building permit, the Applicant, owner, or successor shall
provide an updated sheet A-011 with a complete zoning data chart for the project.
18. Prior to the issuance of a building permit, the Applicant, owner, or successor shall
provide a turn radius study to the City of Miami Fire Department. The turn radius study
shall reference Exception application PZ-21-10943. The Applicant, owner, or successor
shall confirm and document that public parking lot #17 is open and available for staging
24/7, 365 days a year.
19. Prior to the issuance of a building permit, the dockside enhanced fire protection system
must be reviewed and approved by the City of Miami Fire Prevention Engineering
section. Dockside fire hydrants shall be present and accessible for Fire Department use
and shall remain unobstructed by other structures/features present in the area of their
location.
20. The Applicant, owner, or successor shall obtain approval from Environmental Resources
for any tree removal, relocation, mitigation, and/or plating prior to issuance of a building
permit.
21. Prior to issuance of a building permit, the Applicant, owner, or successor shall provide a
complete set of landscape plans in accordance with Article 9 of Miami 21 and Chapter
17 of the City Code.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 37
5/24/22
411y!arR�
NOTICE
This submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewiheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
22. The Applicant, owner, or successor shall comply with Public Art requirements pursuant
to Article 3, Section 3.17, Article 11 of the Miami 21 Code and Chapter 62, Article XVI of
the City Code titled "Art in Public Places".
23. Prior to issuance of a building permit, a traffic sufficiency letter including approval from
Miami Dade County Transportation and Public Works traffic section is required.
24. Signage shall be processed under a separate permit in accordance with Article 10 of
Miami 21.
25. The Applicant, owner, or successor shall comply with the requirements of all applicable
departments/agencies as part of the City of Miami building permit submittal process.
26. The Applicant, owner, or successor must meet all applicable building codes, land
development regulations, ordinances, and other Taws and pay all applicable fees due
prior to the issuance of any building permit.
27. 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 City Code.
28. The Applicant, owner, or successor shall meet the conditions all applicable local, state,
and federal regulations.
29. Any modifications to the approved plans as a result or consequence of the Applicant's
compliance with other departments and/or agencies and/or codes, shall require a new
review for approval confirmation from the Planning Director in accordance with Article 7
of the Miami 21 Code.
30. Additional entitlements may be required at time of building permit upon the submittal and
review of any information provided by the Applicant, owner, or successor as it relates to
the proposed development or requested Uses.
31. Pursuant to Miami 21 Code, Section 7.1.2.6(e) "an Exception shall be valid for a period
of two (2) years during which a building permit or Certificate of Use must be obtained.
This excludes a demolition or landscape permit. A one-time extension, for a period not to
exceed an additional year, may be obtained if approved by the Planning Director."
32. The City reserves the right to inspect the site to ensure compliance with the conditions
as listed.
33. Prior to the effectuation of this Exception, a covenant acknowledging and agreeing to
comply with all the terms and conditions established herein shall be recorded in the
Miami -Dade County Clerk of Courts. The covenant (standard master covenant and
agreement form) shall run with the land and shall be binding on any subsequent owners,
heirs, or assigns. The covenant with the conditions attached must be submitted to the
Planning Department and the Office of the City Attorney for approval before being
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 38
5/24/22
411y!arR�
NOTICE
This submittal needs b te• achetluled b, s public hexhng
In accortla,re wM1h tlmell,1 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewiheinbrmation at the pubic hearing t, re,d,,
recomme dtl ., or a ffi,sl decide,.
PZ-21-10943 /
\\ 06/14/22 /f
recorded. After recordation, a certified copy bearing the Book and Page Number and
date shall be provided for inclusion in the case file. Fees required per City Code for
Monitoring of Exception and Inspection and Field Compliance Review of Operations
shall be paid to the City prior to the final clearance of this condition.
34. The Applicant shall defend, indemnify, and hold harmless the City from any and all
actions against the City relating to or arising out of, in whole or in part, the City's
processing and approval of this entitlement. The Applicant shall reimburse the City for
all costs incurred in defense of such an action, including court costs, attorney's fees, and
award of any damages against the City. If the City determines it necessary to protect the
City's interest, the Applicant shall execute an indemnity and reimbursement agreement
with the City with terms consistent with the requirements herein. The City shall notify the
Applicant within a reasonable time of its receipt of any action and the City shall
cooperate in the defense. If the City fails to notify the Applicant of any action in a
reasonable time, or if the City fails to reasonably cooperate in the defense, the Applicant
shall not thereafter be responsible to defend, indemnify, or hold harmless the City. The
City shall have the sole right to choose its counsel, including the City Attorney's Office or
outside counsel. At its sole discretion, the City may participate at its own expense in the
defense of any action, but such participation shall not relieve the Applicant of any
obligation imposed by this condition. In the event the Applicant fails to comply with this
condition, in whole or in part, the City may withdraw its defense of the action, void its
approval of the entitlement, or take any other action. The City retains the right to make
all decisions with respect to its representations in any legal proceeding, including its
inherent right to abandon or settle litigation. For purposes of this condition, the following
definitions apply: "City" shall be defined to include the City, its agents, officers, boards,
commissions, committees, employees, and volunteers; "Action" shall be defined to
include suits, proceedings (including those held under alternative dispute resolution
procedures), claims, or lawsuits. Nothing in the definitions included in this paragraph are
intended to limit the rights of the City or the obligations of the Applicant otherwise
created by this condition.
Hotel Conditions
35. This Lodging Use ("Hotel") is approved for 174 rooms on floors two through eight of the
Private Owned Parcel building with Hotel amenity spaces.
36. The Hotel includes approximately 1,205 square feet of outdoor dining area on floor two
and approximately 8,890 square feet of outdoor dining on the pool deck.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 39
5/24/22
411y!arR�
NOTICE
This submittal needs b te• scheduled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
MiamiCWe. Theappliwd' declsion-r &'g bwywill
rewewihe inbrmation at the public hearing to render e
recommendation or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
37. The Applicant, owner, or successor shall operate the proposed Hotel Use in accordance
with the operational plan submitted with the application.
38. Prior to the issuance of a building permit, the Applicant, owner, or successor shall record
a Working Waterfront Covenant with the City pursuant to Article 6, Table 13. The
covenant shall acknowledge that the zoning of the property is Industrial; that the Lodging
Use has been introduced into the pre-existing Industrial District Zone; and the Owner
assumes risks associated with introducing a Lodging Use into such a District as well as
acknowledging and accepting the presence of the existing Working Waterfront 24-hour
operations as permitted.
Nightclub Conditions
39. This Alcohol Service Establishment (Nightclub) is approved for approximately 24,377
square feet on the sixth and seventh floors of the City Owned Parcel, as depicted in the
batch -stamped plans and supporting documents.
40. Prior to issuance of a building permit for the proposed Alcohol Service Establishment
(Nightclub), the Applicant, owner, or successor shall provide the Planning Department
dimensioned floor plans with furniture layouts and an updated operating plan in
accordance with Section 4-7(c) of Chapter 4 the City Code.
41. The Nightclub shall be limited to the following hours of operation: 10:00 PM to 5:00 am
Thursday through Sunday, in accordance with the operation plan submitted with the
application. An extension of hours beyond these hours of operation shall require a new
Exception with approval by the City Commission.
42. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical
instruments or any other musical devices on or about the premises between the hours of
11 p.m. and 7 a.m. the following day, unless said music devices are played or operated
in a closed building and the sound is not audible from the outside of the building so as to
disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of
residence.
43. Prior to the issuance of a building permit, the Applicant, owner, or successor shall submit
a noise attenuation plan to the Planning Department, demonstrating that any noise
activity associated with the Use will have minimal impact on the surrounding
neighborhood, in accordance with Chapter 36 of the City Code.
44. Any noise generated on site shall conform to Chapter 36 of the City Code noise
regulation.
45. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.
46. Per Miami City Code Chapter 4, no loitering or drinking outside of the establishment
shall be permitted at any time.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 40
5/24/22
411y!arR�
NOTICE
This submittal needs b te• scheduled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
MiamiCWe. Theappliwd' declsion-r &'g bwywill
rewewihe inbrmation at the public hearing to render e
recommendation or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
47. Per Section 4-5 of the City Code Chapter 4, the proposed Establishment shall be closed
during school hours.
48. A change of operator will require the new owner to provide a notarized letter indicating
the new operator agrees to these conditions of approval. Should the new operator not
agree to these conditions, a new Exception will be required.
Ground Level Bar Conditions
49. This Alcohol Service Establishment (Ground Level Bar) is approved for approximately
6,520 square feet on the ground floor of the City Owned Parcel with approximately 9,000
square feet of outdoor dining, as depicted in the batch -stamped plans and supporting
documents.
50. Prior to the issuance of a building permit for the proposed Alcohol Service Establishment
(Ground Level Bar), the Applicant, owner, or successor shall provide the Planning
Department dimensioned floor plans with furniture layouts and an updated operating plan
in accordance with Section 4-7(c) of Chapter 4 of the City Code.
51. The Ground Level Bar and associated outdoor dining area shall be limited to the following
hours of operation and alcohol sales: 11:00 am to 3:00 am Monday to Sunday, in
accordance with the operation plan submitted with the application. The outdoor dining
hours of operation and alcohol sales shall be limited to the following hours of operation:
11:00 am to 3:00 am Monday through Sunday. An extension of hours beyond these hours
of operation shall require a new Exception with approval by the City Commission.
52. Prior to the issuance of a building permit, the Applicant, owner, or successor shall submit
a noise attenuation plan to the Planning Department, demonstrating that any noise activity
associated with the Use will have minimal impact on the surrounding neighborhood, in
accordance with Chapter 36 of the City Code.
53. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments
or any other musical devices on or about the premises between the hours of 11 p.m. and
7 a.m. the following day, unless said music devices are played or operated in a closed
building and the sound is not audible from the outside of the building so as to disturb the
quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
54. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation.
55. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.
56. Per Miami City Code Chapter 4, no loitering or drinking outside of the establishment shall
be permitted at any time.
57. Per Section 4-5 of the City Code Chapter 4, the proposed Establishment shall be closed
during school hours.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 41
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• scheduled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
MiamiCWe. Theappliwd' declsion-r &'g bwywill
rewewthe inbrmation at the public hearing to render e
recommendation or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
58. A change of operator will require the new owner to provide a notarized letter indicating
the new operator agrees to these conditions of approval. Should the new operator not
agree to these conditions, a new Exception will be required.
Roof Top Bar Conditions
59. This Alcohol Service Establishment (Roof Top Bar) is approved for approximately 5,648
square feet with approximately 14,656 square feet of outdoor dining on the rooftop of the
South building, as depicted in the batch -stamped plans and supporting documents.
60. Prior to issuance of a building permit for the proposed Alcohol Service Establishment
(Roof Top Bar), the Applicant, owner, or successor shall provide the Planning Department
dimensioned floor plans with furniture layouts and an updated operating plan in
accordance with Section 4-7(c) of Chapter 4 of the City Code.
61. The Roof Top Bar and associated outdoor dining area shall be limited to the following
hours of operation and alcohol sales: 12 pm to 11 pm Thursday through Sunday, in
accordance with the operation plan submitted with the application. An extension of hours
beyond these hours of operation shall require a new Exception with approval by the City
Commission.
62. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical instruments
or any other musical devices on or about the premises between the hours of 11 p.m. and
7 a.m. the following day, unless said music devices are played or operated in a closed
building and the sound is not audible from the outside of the building so as to disturb the
quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
63. Prior to the issuance of a building permit, the Applicant, owner, or successor shall submit
a noise attenuation plan to the Planning Department, demonstrating that any noise activity
associated with the Use will have minimal impact on the surrounding neighborhood, in
accordance with Chapter 36 of the City Code.
64. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation.
65. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.
66. Per Miami City Code Chapter 4, no loitering or drinking outside of the establishment shall
be permitted at any time.
67. Per Section 4-5 of the City Code Chapter 4, the proposed Establishment shall be closed
during school hours.
68. A change of operator will require the new owner to provide a notarized letter indicating the
new operator agrees to these conditions of approval. Should the new operator not agree
to these conditions, a new Exception will be required.
Restaurant #1 Conditions
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 42
5/24/22
411y!arR�
NOTICE
This submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewiheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
69. This Food Service Establishment (Restaurant #1) is approved for approximately 18,563
square feet on the second and third floors of the South building with approximately 2,840
square feet of outdoor dining, as depicted in the batch -stamped plans and supporting
documents.
70. Prior to issuance of a building permit for the proposed Restaurant #1, the Applicant, owner,
or successor shall provide the Planning Department dimensioned floor plans with furniture
layouts, an updated operating plan, and a sample menu.
71. Restaurant #1 and associated outdoor dining area shall be limited to the following hours
of operation and alcohol sales: 11:00 am to 1:00 am Monday through Sunday, in
accordance with the operation plan submitted for with the application. An extension of
hours beyond these hours of operation shall require a new Exception with approval by the
City Commission.
72. The Restaurant shall derive at least fifty-one percent (51 %) of its gross food and beverage
revenue from the sale of food and non -Alcoholic Beverages during the first sixty (60) day
operating period and each twelve (12) month operating period thereafter.
73. The Restaurant must be licensed by the State's Division of Hotels and Restaurants.
74. The Restaurant shall sell or offer for sale Alcoholic Beverages for consumption on the
premises pursuant to a valid license issued by the State permitting such activity.
75. The establishment shall not sell Alcoholic Beverages after the hours of serving or
consumption of food have elapsed.
76. The establishment shall have no signs advertising the sale of Alcoholic Beverages visible
from the exterior.
77. The Restaurant shall always be subject to audit and inspection by the City to ensure
compliance with the requirements set forth in Chapter 4 of the City Code.
Restaurant #2 Conditions
78. This Food Service Establishment (Restaurant #2) is approved for approximately 3,628
square feet on the ground floor and mezzanine of the North building and approximately
9,010 square feet of outdoor dining, as depicted in the batch -stamped plans and
supporting documents.
79. Prior to issuance of a building permit for the proposed Food Service Establishment
(Restaurant #2), the Applicant, owner, or successor shall provide the Planning Department
dimensioned floor plans with furniture layouts, an updated operating plan, and a sample
menu.
80. Restaurant #2 and associated outdoor dining area shall be limited to the following hours
of operation and alcohol sales: 11:00 am to 3:00 am Monday through Sunday, in
accordance with the operation plan submitted with the application. The outdoor dining
area hours of operation and alcohol sales shall be limited to the following hours of
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 43
5/24/22
411y!arR�
NOTICE
Thls submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewtheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
operation: 11:00 am to 3:00 am Monday through Sunday. An extension of hours beyond
these hours of operation shall require a new Exception with approval by the City
Commission.
81. The Restaurant shall derive at least fifty-one percent (51 %) of its gross food and beverage
revenue from the sale of food and non -Alcoholic Beverages during the first sixty (60) day
operating period and each twelve (12) month operating period thereafter.
82. The Restaurant must be licensed by the State's Division of Hotels and Restaurants.
83. The Restaurant shall sell or offer for sale Alcoholic Beverages for consumption on the
premises pursuant to a valid license issued by the State permitting such activity.
84. The establishment shall not sell Alcoholic Beverages after the hours of serving or
consumption of food have elapsed.
85. The establishment shall have no signs advertising the sale of Alcoholic Beverages visible
from the exterior.
86. The Restaurant shall always be subject to audit and inspection by the City to ensure
compliance with the requirements set forth in Chapter 4 of the City Code.
Event Space
87. This Place of Assembly (Event Space) is approved for approximately 17,884 square feet
on the fourth and fifth floors of the City Owned Parcel, as depicted in the batch -stamped
plans and supporting documents. The Applicant, owner, or successor shall operate the
Event Space as part of the Lodging Use (Hotel) and in accordance with the operational
plan submitted with the application.
88. Prior to the issuance of any building permit, the Applicant, owner, or successor shall
demonstrate that the project provides sufficient parking for the proposed Place of
Assembly (Event Space), in accordance with Article 4, Table 4 of the Miami 21 Code.
89. The sale or serving of alcohol is not a part of this application. The Applicant, owner, or
successor shall obtain any liquor license(s) required by the state to operate the
proposed Use.
Outdoor Dining Conditions
90. Per Section 4-5 of the City Code Chapter 4, the Outdoor dining area operating in
conjunction with the Alcohol Service Establishments (Rooftop Bar, Ground Level Bar,
and Nightclub) shall be closed during school hours.
91. The outdoor dining area has been approved to operate within approximately 46,781
square feet for individual tenants on the ground floor of the City Owned Parcel and Private
Owned Parcel, mezzanine of the Private Owned Parcel, second floor of the City Owned
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 44
5/24/22
411y!arR�
NOTICE
This submittal needs b te• achetluled b, s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
Miami CWe. The appliwd' declsion-m&'g bwywill
rewewiheinbrmation at the pubic hearing to re,d,,
recem datien or a ffinsl decidon.
PZ-21-10943 /
\\ 06/14/22 /f
Parcel and Private Owned Parcel, and the roof deck of the City Owned Parcel and Private
Owned Parcel buildings with a total of 625 seats and 136 tables, as depicted on the
approved plans. The number of tables and seats shall not increase. Additional tables and
seating and/or modifications to the approved layout by the current or future tenants shall
require a new Exception with approval by the City Commission.
92. The Master Outdoor Dining Warrant holder must submit an annual report detailing the
status of and providing an update on the number of tables and seats for each tenant
utilizing the Master Outdoor Dining Warrant. The Annual Report must be submitted for
review to the Planning Director every October after the first Certificate of Use for outdoor
dining is issued.
93. Each tenant must obtain: 1) a building permit; 2) a new certificate of occupancy (CO); and
2) a new certificate of Certificate of Use (CU), prior to operating any outdoor dining.
94. All tenant outdoor dining requests shall be reviewed by the Planning Department for
compliance with this Master Warrant as part of the tenant's building permit process.
95. All individual tenant outdoor dining and seating requests must reference this Master
Outdoor Dining Warrant on their plans along with its listed conditions of approval.
96. All tenant outdoor dining requests shall be accompanied by a sound attenuation plan,
demonstrating that any noise activity associated with the proposed outdoor dining area(s)
will have minimal impact on the surrounding area, in accordance with Chapter 36 of the
City Code.
97. Permitted hours of operation for each tenant outdoor dining area shall be in accordance
with the conditions of approval for the Food Service Establishment or Alcohol Service
Establishment associated with the outdoor dining area and as detailed in the operational
plan(s)/Letter of Intent submitted with the application.
98. Individual tenant outdoor dining requests shall comply with the requirements of this Master
Warrant as well as of all applicable requirements from other City, County or State
Departments or Agencies including Miami -Dade County's Department of Environmental
Resource Management ("DERM") to operate outdoor dining.
99. Placement of any umbrellas, canopies, and/or shade apparatuses are not a part of this
Warrant application and shall be reviewed under a separate application submittal
100. Each tenant shall maintain the associated outdoor dining area in compliance with
ADA separation requirements.
101. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical
instruments or any other musical devices on or about the premises between the hours of
11 p.m. and 7 a.m. the following day, unless said music devices are played or operated in
an enclosed building and the sound is not audible from the outside of the building so as to
disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of
residence.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 45
5/24/22
NOTICE
This su bI,Mal needs b be scheduled br a pubic hearing
Miamccordance w'kh timelines set forth in the City of
Ccde. The applica Lie bx_ making body vnll
renewM intone— al the public hearing I, renders
recommendation or a final deciaon.
PZ-21-10943 /
\\ 06/14/22 /I
Digitally signed by
Ellis, Jacqueline
J c g U e l i n e Date: 2022.06.14
14:13:43-04'00'
NOTICE
The Final Decision may be appealed to the by any aggrieved party within fifteen (15) days
of the date of the posting of the decision on the City's website. The filing of an appeal, and
payment of appropriate fee, may be submitted online at
https://www.miamigov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver.
Staff Analysis Report No. PZ-21-10943_E_114 SW North River Dr. — Page 46
5/24/22
MIAMI 21 (EXISTING)
EPLAN ID: PZ-21-10943
EXCEPTION
ADDRESSES: 114 and 200 SW NORTH RIVER DRIVE, 300 SW 2 ST,
and 236 and 298 SW NORTH RIVER DR
0 125 250 500 Feet
0� c
�.
n R o'
NOTICE
This submRtal neetls to be schetluletl lb,, pubec hearing
cca"-ante wgh timelines set icrth in the City of
Miami Code. The applicede tlecision-making body will
renew themfoarnationatthe pu bec hearing to rend era
—.—ntlatl on or a fin.I d-im on.
PZ-21-10943
06/10/22
AERIAL
EPLAN ID: PZ-21-10943
EXCEPTION
ADDRESSES: 114 and 200 SW NORTH RIVER DRIVE, 300 SW 2 ST,
and 236and 298 SW NORTH RIVER DR
�YTY OF
t
NOTICE
Thls sobmktal needs to be scheEoleti fora public hewing
in rcortlanoe with timelines ad forth in the City of
Miami Cole. the applira he declslon-making body will
retl_the Information at the pu btic hearing to rendor a
n mmendati on or a final tieci6 on.
PZ-21-10943
06/10/22
0 125 250 500 Feet I "