HomeMy WebLinkAboutPZAB (12230) ResolutionCity of Miami City Hall
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PZAB Resolution Miami, FL 33133
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Enactment Number: PZAB-R-22-037
File ID: 12230 Final Action Date: 7/20/2022
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), RECOMMENDING TO THE CITY COMMISSION
APPROVAL WITH CONDITIONS OF FOUR EXCEPTIONS, FIVE WARRANTS AND
FIVE WAIVERS AS FOLLOWS: 1. AN 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 LODGING ("HOTEL") USE; 2. AN EXCEPTION
PURSUANT TO ARTICLE 4, TABLE 3, 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, AS AMENDED, TO PERMIT, WITH CITY COMMISSION
APPROVAL, AN ALCOHOL SERVICE ESTABLISHMENT ("NIGHTCLUB") IN EXCESS
OF 5,000 SQUARE FEET IN THE MIAMI RIVERSIDE SPECIALTY DISTRICT; 3. AN
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 ("GROUND LEVEL BAR") IN EXCESS OF 5,000
SQUARE FEET IN THE MIAMI RIVERSIDE SPECIALTY DISTRICT; 4. AN
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, AS AMENDED, TO PERMIT, WITH CITY COMMISSION APPROVAL, AN
ALCOHOL SERVICE ESTABLISHMENT ("ROOF TOP BAR") IN EXCESS OF 5,000
SQUARE FEET IN THE MIAMI RIVERSIDE SPECIALTY DISTRICT; FIVE
WARRANTS, 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 ("RESTAURANT 1"); 2. A 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"); 3. A 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 ("FISH MARKET"); 4. A 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 ("EVENT SPACE"); 5. A WARRANT PURSUANT TO ARTICLE
6, SECTION 6.3.2 OF MIAMI 21 TO PERMIT OUTDOOR DINING; AND FIVE
WAIVERS, 1. A WAIVER PURSUANT TO SECTION 7.1.2.5(A)(29) TO PERMIT A
10% DECREASE IN THE PRINCIPAL FRONTAGE SETBACK FOR A PORTION OF
THE PROJECT; 2. A WAIVER PURSUANT TO ARTICLE 4, TABLE 4 TO ALLOW AN
UP TO 50% PARKING REDUCTION FOR PROPERTIES LOCATED WITHIN A TOD;
3. A WAIVER PURSUANT TO ARTICLE 4, TABLE 5 TO ALLOW THE SUBSTITUTION
OF LOADING BERTHS TO EXCHANGE ONE (1) COMMERCIAL BERTH FOR TWO
City of Miami Pagel of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
(2) RESIDENTIAL LOADING BERTHS; 4. A WAIVER PURSUANT TO ARTICLE 4,
TABLE 4 TO ALLOW PARKING TO BE LOCATED OFFSITE WITHIN 1,000 FEET OF
THE PROPERTY; AND 5. A WAIVER PURSUANT TO SECTION 5.10.2(G) OF MIAMI
21 TO PERMIT EXTENSIONS ABOVE THE MAXIMUM HEIGHT FOR STAIR,
ELEVATOR, AND MECHANICAL ENCLOSURES, 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') MORE PARTICULARITY DESCRIBED IN
COMPOSITE EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Iris Escarra, Esq., on behalf of MV Real Estate Holdings, LLC
TRDS96 Land Trust (the "Applicant") has applied to the City of Miami (the "City") for
fourteen (14) entitlements; and
WHEREAS, specifically the applicant requests four (4) Exceptions, five (5)
Warrants, and five (5) Waivers as follows:
1. An 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;
2. An Exception pursuant to Article 4, Table 3, 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 Code of the City of Miami, Florida, as amended ("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. An 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. An 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, as amended, 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. A 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 ");
6. A 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 2");
7. A 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");
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8. A 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. A Warrant pursuant to Article 6, Section 6.3.2 of Miami 21 Code to permit
Outdoor Dining;
10. A Waiver pursuant to Section 7.1.2.5(A)(29) to permit a 10% decrease in
the Principal Frontage setback for a portion of the project;
11. A Waiver pursuant to Article 4, Table 4 to allow an up to 50% parking
reduction for properties located within a TOD;
12. A Waiver pursuant to Article 4, Table 5 to allow the substitution of loading
berths to exchange one (1) Commercial berth for two (2) Residential
loading berths;
13. A Waiver pursuant to Article 4, Table 4 to allow parking to be located
offsite within 1,000 feet of the property; and
14. A Waiver pursuant to Section 5.10.2(g) of Miami 21 Code to permit
extensions above the maximum Height for stair, elevator, and mechanical
enclosures, at the 300 Southwest 2 Street ("Private Owned Parcel'), and
236 and 298 Southwest North River Drive, (the "Property"); and
WHEREAS, in addition to all other applicable Miami 21 Code and City Code
criteria and requirements, Development of this site is subject to Appendix B, Waterfront
Design Guidelines of Miami 21 Code; and
WHEREAS, the City is the owner of riverfront real property located at 236 and
298 Southwest North River Drive, Miami, Florida, 33130 ("City Owned Parcel'); and
WHEREAS, the Applicant is the owner of the riverfront real property located at
114 and 200 Southwest North River Drive, and 300 Southwest 2 Street, Miami, Florida,
33130 ("Private Owned Parcel'); and
WHEREAS, the Applicant proposes to redevelop the City Owned Parcel and
Private Owned Parcel (collectively, the "Property"); and
WHEREAS, the Applicant requests Exceptions, Warrants, and Waivers for the
development of the Property located within the "D3" — Waterfront Industrial District
Zone -land
WHEREAS, the Property is located within the Miami Riverside Specialty District;
and
WHEREAS, the Property is located within an Archeological Conservation Area;
and
WHEREAS, the Property has frontage along the Miami River and Southwest
North River Drive; and
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WHEREAS, the Private Owned Parcel is approximately 26,836 square feet in
size (0.62 gross acres); and
WHEREAS, the City Owned Parcel is approximately 31,917.82 square feet (.73
acres); and
WHEREAS, collectively the Property is approximately 58,753.82 square feet
(1.35 acres); and
WHEREAS, the City issued Request for Proposals No. 14-15-024 ("RFP") to solicit
proposals for the lease and development of the City Owned Parcel and awarded the RFP to
Riverside Wharf, LLC ("Tenant"); and
WHEREAS, the authority for the City to enter into a lease agreement with the Tenant
was approved by voter referendum on March 15, 2016; and
WHEREAS, the City and the Tenant entered into a Lease Agreement on May 16, 2017,
for Applicant's lease and development of the Property; and
WHEREAS, the Lease provides for an initial term of thirty (30) years with two (2)
additional options to renew for ten (10) years each, for a total term not to exceed fifty (50) years
("Existing Term"); and
WHEREAS, the Lease further provides that the Tenant will utilize the Property for the
development, management and operation of: restaurants, a marina, a fish market, waterfront
dining, event space, and other ancillary uses contemplated by the RFP and for no other purpose
or use of any kind; and
WHEREAS, the Applicant seeks to amend the terms of the Lease, including but not
limited to, an extension of the Existing 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; and
WHEREAS, an amendment to the lease between the City of Miami and the Tenant
requires voter referendum; and
WHEREAS, per Miami City Commission Resolution No. R-22-0108, the voter
referendum for the amendment to the lease agreement is scheduled for August 23, 2022; and
WHEREAS, the Applicant is required to provide parking for the entire Property for all
Uses proposed as part of development of the Property; and
WHEREAS, the Applicant seeks approval of the City to provide 100% of the parking to
be located offsite, as a mixture of valet parking and self -parking (50%-50%) for the Property as
per the Traffic Study submitted to City of Miami by Cory Dorman, P.E., of Kimley Horn; and
WHEREAS, the City Commission, may grant approval for 100 percent of the required
parking to be located offsite within 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"; and
City of Miami Page 4 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
Lodging ("Hotel') Use
WHEREAS, the Property, is zoned "D3" Waterfront Industrial District Zone and per
Article 4, Table 3, Article 6, Table 13 and Article 7, Section 7.1.2.6 of the Miami 21 Code,
approval of an Exception by City Commission is required to establish a Lodging use ("Hotel") on
Property located within a ""D3" Transect Zone; and
WHEREAS, a Hotel in the "D3" Transect Zone is 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;
and
WHEREAS, 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; and
WHEREAS, the Applicant requests to construct a Hotel with approximately 174 hotel
keys ("Rooms") along with amenity spaces; and
WHEREAS, the Hotel Use 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, which
require approval of a Warrant; and
WHEREAS, 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; and
WHEREAS, the Project's development includes water dependent commercial activities
for the public, public access to the Riverwalk, and a designated area for local fishermen to
deliver fish for sale at the proposed fish market; and
WHEREAS, the proposed Hotel is designed to promote pedestrian interaction, with all
walls Facades activated with doors and windows, meeting the intent of Article 4, Table 12; and
WHEREAS, Article 4, Table 13 of the Miami 21 Code requires 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 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; and
Alcohol Service Establishment ("Nightclub') Use
WHEREAS, the Applicant requests an 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
"Nightclub") more than 5,000 square feet in the Miami Riverside Specialty District; and
WHEREAS, the Applicant requests to operate the Nightclub composed of 24,377 square
feet on the sixth and seventh floors of the proposed development on the City Owned Parcel;
and
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WHEREAS, the Nightclub will operate from Thursday to Sunday from 10:00 PM to 5:00
AM with a 4COP Quota License; and
WHEREAS, per Section 4-5 of the City Code Chapter 4, the proposed Nightclub shall be
closed during school hours; and
WHEREAS, the Nightclub operator will employ approximately 91 employees and provide
a menu in line with other world -class venues; and
WHEREAS, the Nightclub is one component of the development that requires parking;
and
WHEREAS, the Applicant seeks approval of the City to provide 100% offsite parking for
the Property by utilizing a mixture of valet parking and self -parking; and
WHEREAS, Nightclub guests will have access to the venue via one of six passenger
elevators provided for centralized guest access; and
WHEREAS, Crowd Control Monitors will be utilized at the elevator bank and guests will
have access to two service elevators and four stairwells for purposes of emergency exits; and
WHEREAS, the Nightclub shall maintain training of the staff to guarantee enforcement of
age restrictions and security personnel will be maintained at the venues and throughout the
property to provide overall control and supervision; and
WHEREAS, a CCTV camera system will be maintained throughout the Property as well
as within each venue to provide constant monitoring of the property conditions; and
WHEREAS, because the Nightclubs propose capacities of over 300 persons, a Traffic
Methodology, prepared by Cory Dorman, P.E., of Kimley Horn was submitted to and approved
by the City of Miami; and
WHEREAS, a sanitation plan for the Nightclub was submitted which details that 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; and
WHEREAS, west and across the Miami River, there are two parcels that are zoned "74-
R" General Urban Transect Zone — Restricted owned by the Florida Department of
Transportation but they do not contain any residential uses; and
WHEREAS, according to the 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; and
WHEREAS, given the location of the proposed Nightclub, the Planning Department
requires a noise attenuation plan to address how noise will be controlled in accordance with
Chapter 36 of the City Code; and
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WHEREAS, the Applicant submitted, an operational/business plan that addresses hours
of operation, number of employees, menu items, business goals, and other operational
characteristics pertinent to the Nightclub application; and
WHEREAS, it is found that the Exception for the proposed Nightclub revitalizes the
Property and has been designed to meet the design review criteria of Article 4, Table 12; and
Alcohol Service Establishment ("Ground Level Bar') Use
WHEREAS, the Applicant requests an 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") more than 5,000 square feet in the Miami Riverside Specialty District; and
WHEREAS, the Applicant proposes to operate the Ground Level Bar of approximately
6,520 square feet on the ground floor of the City Owned Parcel with approximately 9,000 square
feet of outdoor dining which is reviewed under a separate Warrant; and
WHEREAS, the Ground Level Bar will operate daily from 11:00 AM to 3:00 AM with a
4COP Quota License from the State of Florida Department of Business & Professional
Regulation, Division of Alcoholic Beverages & Tobacco; and
WHEREAS, per Section 4-5 of the City Code the proposed Ground Level Bar shall be
closed during school hours; and
WHEREAS, Ground Level Bar will define its menu in line with other world -class venues;
and
WHEREAS, the Ground Level Bar operator will employ approximately 55 employees;
and
WHEREAS, the Ground Level Bar will utilize parking provided for the site as a whole
development as Applicant seeks to provide 100% of the parking to be located offsite, utilizing
valet parking and self -parking per the Traffic Study being submitted Kimley Horn; and
WHEREAS, Ground Level Bar guests will have direct street access from its ground floor
location and guests will be able to utilize multiple ingress and egress paths that will be
monitored by venue staff continuously; and
WHEREAS, guests at the Ground Level Bar 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; and
WHEREAS, the Ground Level Bar staff shall maintain constant drills 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; and
WHEREAS, a CCTV camera system will be maintained throughout the Property as well
as within each venue to provide constant monitoring of the property conditions; and
City of Miami Page 7 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
WHEREAS, as the Ground Level Bar proposes capacities over 300 persons, a Traffic
Methodology, prepared by Cory Dorman, P.E., of Kimley Horn was submitted and approved by
the City of Miami; and
WHEREAS, a sanitation plan for the Ground Level Bar was submitted which details that
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; and
WHEREAS, west and across the Miami River, there are two parcels that are zoned "74-
R" General Urban Transect Zone — Restricted owned by the Florida Department of
Transportation but they do not contain any residential uses; and
WHEREAS, according to the 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; and
WHEREAS, given the location of the proposed Ground Level Bar, the Planning
Department requires a noise attenuation plan to address how noise will be controlled in
accordance with Chapter 36 of the City Code; and
WHEREAS, the Applicant submitted an operational/business plan that addresses hours
of operation, number of employees, menu items, business goals, parking and other operational
characteristics pertinent to the Ground Level Bar application; and
WHEREAS, it is found that the Exception for the proposed Ground Level Bar revitalizes
the Property and has been designed to meet the design review criteria of Article 4, Table 12;
and
Alcohol Service Establishment (the "Roof Top Bar') Use
WHEREAS, as part of the development of the Property, an Exception is requested
pursuant to Article 6, Table 13 and Article 7, Section 7.1.2.6 of Miami 21 Code and Chapter 4 —
Alcoholic Beverages, 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; and
WHEREAS, the Applicant proposes the Roof Top Bar be composed of approximately
5,648 square feet with approximately 14,656 square feet of Outdoor Dining on the rooftop of the
City Owned Parcel op and is reviewed under a separate Warrant; and
WHEREAS, the Applicant is proposing that the Roof Top Bar will operate with a 4COP
Quota License from 12:00 PM to 11:00 PM; and
WHEREAS, per Section 4-5 of the City Code Chapter 4 — Alcoholic Beverages, the
proposed Roof Top Bar shall be closed during school hours; and
WHEREAS, the Roof Top Bar will define its menu in line with other world -class venues;
and
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WHEREAS, the Roof Top Bar operator will employ approximately 91 employees; and
WHEREAS, the Applicant seeks approval of the City to provide 100% of the parking to
be located offsite, the Applicant will utilize a mixture of valet parking and self -parking (50%-50%)
for the Property as per the Traffic Study being submitted to City of Miami by Cory Dorman, P.E.,
of Kimley Horn; and
WHEREAS, Roof Top Bar guests will have access to the venue via one of six passenger
elevators provided for centralized guest access; and
WHEREAS, crowd control monitors will be utilized for the Roof Top Bar at the elevator
bank, guests will have access to two service elevators, and four stairwells for purposes of
emergency exits; and
WHEREAS, the Roof Top Bar staff shall maintain constant drills 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; and
WHEREAS, a CCTV camera system will be maintained throughout the Property as well
as within each venue to provide constant monitoring of the property conditions; and
WHEREAS, because the Roof Top Bar proposes capacities over 300 persons, a Traffic
Methodology, prepared by Cory Dorman, P.E., of Kimley Horn was submitted to and approved
by the City of Miami; and
WHEREAS, a sanitation plan for the Roof Top Bar was submitted which details that
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; and
WHEREAS, west and across the Miami River, there are two parcels that are zoned "74-
R" General Urban Transect Zone — Restricted owned by the Florida Department of
Transportation but they do not contain any residential uses; and
WHEREAS, according to the survey submitted as part of the Alcohol Reservation Letter,
there are no residences within 500 feet from the nearest point of the proposed Roof Top Bar to
the front entrance of the proposed establishment along the route of ordinary pedestrian traffic;
and
WHEREAS, given the location of the proposed Roof Top Bar, the Planning Department
requires a noise attenuation plan to address how noise will be controlled in accordance with
Chapter 36 of the City Code; and
WHEREAS, the Applicant has submitted an operational/business plan that addresses
hours of operation, number of employees, menu items, business goals, and other operational
characteristics pertinent to the Roof Top Bar application; and
WHEREAS, it is found that the Exception for the proposed Roof Top Bar revitalizes the
Property and has been designed to meet the design review criteria of Article 4, Table 12; and
City of Miami Page 9 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
Food Service Establishment ("Restaurant 1') Use
WHEREAS, the Applicant requests a 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") on the second and third floors; and
WHEREAS, the Applicant proposes Restaurant 1 on the second and third floors of the
City Owned Parcel; and
WHEREAS, the interior space is approximately 18,563 square feet, while the exterior
space is approximately 2,840 square feet for a total of 21,403 square feet; and
WHEREAS, the operator of Restaurant 1 will obtain a Special Food Service, Liquor
License (4 COP-SFS) to serve alcohol; and
WHEREAS, Restaurant 1 will revitalize the Property and has been designed to meet the
design review criteria of Article 4, Table 12; and
WHEREAS, Restaurant 1 complies with Article 6, Table 13 because it is over 2,500
square feet of Floor Area;
WHEREAS, Restaurant 1 will operate Monday through Sunday from 11:00 AM to 1:00
AM; and
Food Service Establishment ("Restaurant 2') Use
Whereas, the Applicant requests a 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") on the ground floor and mezzanine; and
WHEREAS, the Applicant proposes Restaurant 2 on the ground floor and mezzanine the
Private Owned Parcel of 12,648 square feet; and
WHEREAS, the interior space of Restaurant 2 is approximately 3,638 square feet, while
the exterior space is approximately 9,010 square feet; and
WHEREAS, the operator of Restaurant 2 will obtain a Special Food Service, Liquor
License (4COP-SFS) to serve alcohol; and
WHEREAS, proposed Restaurant 2 will revitalize the Property and has been designed to
meet the design review criteria of Article 4, Table 12; and
WHEREAS, Restaurant 2 complies with Article 6, Table 13 as it is over 2,500 square
feet of Floor Area; and
WHEREAS, Restaurant 2 will operate Monday through Sunday from 11:00 AM to 3:00
AM; and
General Commercial Use ("Fish Market') Use
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WHEREAS, the Applicant requests a 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 General Commercial Use
("Fish Market") on the ground floor of the Private Owned Parcel; and
WHEREAS, the Applicant proposes Fish Market on the ground floor the Private Owned
Parcel of approximately 582 square feet; and
WHEREAS, it is found that the 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; and
WHEREAS, the Fish Market will operate Monday through Sunday from 11:00 AM to 1:00
AM; and
Place of Assembly ("Event Space') Use
WHEREAS, the Applicant requests a 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") on the
second and third floors; and
WHEREAS, the Applicant proposes an Event Space on the fourth and fifth floors of the
City Owned Parcel; and
WHEREAS, the Event Space is comprised of approximately 17,884 square feet; and
WHEREAS, the Event Space will be rented out for special events and the space will only
be open during those times in which it is rented; and
WHEREAS, the Event Space venue will only have three (3) employees and all food
beverage, and labor will be provided via catering companies; and
WHEREAS, it is found that the proposed Event Space will revitalize the Property and
has been designed to meet the design review criteria of Article 4, Table 12; and
Outdoor Dining Use
WHEREAS, the Applicant requests a Warrant pursuant to Article 6, Section 6.3.2 and
Article 7, Section 7.1.2.4 of Miami 21 Code to permit Outdoor Dining; and
WHEREAS, according to their submittal, the Outdoor Dining Use is an expansion for the
proposed Restaurant 1, Restaurant 2, Ground Level Bar, Roof Top Bar, Hotel amenities, and
Hotel pool top deck; and
WHEREAS, pursuant to Chapter 4, Section 4-5 of the City Code, outdoor dining
associated with any Alcoholic Service Establishment shall be closed during school hours; and
WHEREAS, Restaurant 1's layout is comprised of two Outdoor Dining Areas with one
Outdoor Dining area located on the first floor and is approximately 5,800 square feet with 16
tables, 43 chairs, and 8 benches that accommodates 32 persons; and
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WHEREAS, the second Outdoor Dining Area of Restaurant 1 is located on the
mezzanine level of the Private Owned Parcel and is approximately 3,210 square feet with 28
tables, 76 chairs, and 5 benches that accommodates 20 persons; and
WHEREAS, the hours of operation for the Outdoor Dining Areas for Restaurant 1 will be
Monday through Sunday from 11:00 AM to 1:00 AM; and
WHEREAS, Restaurant 2's layout is comprised of one Outdoor Dining Area located on
the second floor of the Private Owned Parcel and is approximately 2,840 square feet with 17
tables and 64 chairs; and
WHEREAS, the Outdoor Dining Area of Restaurant 2 will operate Monday through
Sunday from 11:00 AM to 3:00 AM; and
WHEREAS, the Ground Level Bar is comprised of two Outdoor Dining areas; and
WHEREAS, one Outdoor Dining Area of the Ground Level Bar is located on the first floor
of the City Owned Parcel and is approximately 7,050 square feet with 15 tables and 67 chairs;
WHEREAS, the second Outdoor Dining Area is located on the second floor of the City
Owned Parcel and is approximately 1,950 square feet with 6 tables and 35 chairs; and
WHEREAS, the hours of operation for both Outdoor Dining Areas of the Ground Level
Bar will be Monday through Sunday from 11:00 AM to 3:00 AM; and
WHEREAS, the Roof Top Bar is comprised of one Outdoor Dining Area located on the
eighth floor of the City Owned Parcel; and
WHEREAS, the Roof Top Bar Outdoor Dining Area is approximately 14,656 square feet
with 35 tables, 104 chairs, and 12 benches which accommodates 48; and
WHEREAS, the Roof Top Bars' Outdoor Dining Area hours of operation will be Thursday
through Sunday from 12:00 PM to 11:00 PM; and
WHEREAS, the Hotel Amenity space is comprised of one Outdoor Dining Area; and
WHEREAS, the Outdoor Dining Area Hotel Amenity space is located on the 2 floor of the
Private Owned Parcel and is approximately 1,205 square feet with 7 tables and 28 chairs; and
WHEREAS, the Hotel Pool Deck space is comprised of one Outdoor Dining Area; and
WHEREAS, the Hotel Pool Deck Outdoor Dining Area is located on the rooftop of the
Private Owned Parcel and is approximately 8,890 square feet with 12 tables, 84 chairs, and 6
benches that accommodates 24; and
WHEREAS, 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; and
WHEREAS, the Outdoor Dining Area has been designed to meet the design review
criteria of Article 4, Table 12; and
City of Miami Page 12 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
Principal Frontage Waiver
WHEREAS, the Applicant requests a Waiver requested pursuant to Article 7, Section
7.1.2.5(a)(29) of Miami 21 Code to permit a 10% decrease in the Principal Frontage Setback for
a portion of the Project; and
WHEREAS, the Property has a unique shape and a frontage line along Southwest North
River Drive which creates a "zig-zag" lot line, the proposed Waiver allows a Frontage Setback of
4 feet 6 inches where 5 feet is typically required; and
WHEREAS, the staff finds the six-inch encroachment into the required setback is
necessary to create a uniform Fagade Frontage line; and
Parking Reduction Waiver
WHEREAS, the Applicant requests a Waiver pursuant to Article 4, Table 4 of Miami 21
Code to allow an up to 50% parking reduction for properties located within a TOD; and
WHEREAS, the Property is in a TOD served by the Miami Dade Metro Rail, Metro
Mover, and City of Miami Trolley; and
WHEREAS, the approval of the Waiver reduces the parking requirement from 356
parking spaces to 178 parking spaces; and
WHEREAS, the Applicant proposes offsite parking spaces and additionally will make a
payment into the transit enhancement Trust Fund, as established in Chapter 35 of the City
Code; and
WHEREAS, 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 and staff find it supportable; and
Loading Berth Substitution Waiver
WHEREAS, the Applicant requests a Waiver pursuant to Article 4, Table 5 of Miami 21
Code to allow the substitution of Loading Berths to exchange one (1) Commercial Berth for two
(2) Residential Loading Berths; and
WHEREAS, 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"; and
WHEREAS, to allow 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; and
WHEREAS, the required loading berths for the Commercial Use, one Commercial Berth
and one Residential Berth, remain unchanged and the Planning Department supports this
request; and
Off -Site Parking Waiver
City of Miami Page 13 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
WHEREAS, the Applicant requests a Waiver pursuant to Article 4, Table 4 of Miami 21
Code to allow parking to be located offsite within 1,000 feet of the Property; and
WHEREAS, the Property is in a TOD and well -served by multiple transportation
networks; and
WHEREAS, the Applicant proposes to utilize offsite parking facilities within 500 feet of
the Property which would permit both self -parking and valet parking; and
WHEREAS, the staff 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;
and
Mechanical Heights Waiver
WHEREAS, the Applicant requests a Waiver pursuant to Article 5, Section 5.10.2(g) of
the Miami 21 Code to permit extensions above the maximum Height for stair, elevator, and
mechanical enclosures; and
WHEREAS, the Project proposes a ten -foot extension for the elevator/stair housing
above the maximum Height; and
WHEREAS, per 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; and
WHEREAS, staff finds that the additional Height minimizes the visual impact of rooftop
mechanical equipment on the surrounding area; and
WHEREAS, the Planning Department finds the proposed four (4) Exceptions, five (5)
Warrants, and four (4) Waivers to be consistent with applicable Criteria of Article 7, Sections
7.1.2.6 and 7.1.2.5 of the Miami 21 Code, including Article 4, Table 12, Chapter 4, Sections 4-5
and 4-7(C) of the City Code, as amended; and
WHEREAS, the proposed four (4) Exceptions, five (5) Warrants, and five (5) Waivers are
consistent with the goals of the Miami 21 Code and the Miami Comprehensive Neighborhood
Plan ("MCNP") Objective LU-1.2, Policy LU-1.2.6, and Policy LU-1.3.14; and
WHEREAS, the Planning Department, pursuant to Article 7, Sections 7.1.2.6, 7.1.2.4,
and 7.1.2.5 of the Miami 21 Code, as amended, and recommends Approval with Conditions;
and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the
City; and
WHEREAS, the PZAB finds that the applicable requirements of the Miami 21 Code have
been met with the conditions as stated in Section 2 herein; and
City of Miami Page 14 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve with conditions the requested
Exception;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Planning, Zoning and Appeals Board hereby recommends to the City
Commission approval of four (4) Exceptions, five (5) Warrants, and five (5) Waivers as follows:
1. An 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;
2. An Exception pursuant to Article 4, Table 3, 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 "Nightclub") in excess of 5,000 square feet in the Miami
Riverside Specialty District;
3. An 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. An 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, as
amended, 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. A 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");
6. A 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 2");
7. A 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");
8. A 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. A Warrant pursuant to Article 6, Section 6.3.2 of Miami 21 to permit Outdoor
Dining;
10. A Waiver pursuant to Section 7.1.2.5(A)(29) to permit a 10% decrease in the
Principal Frontage setback for a portion of the project;
11. A Waiver pursuant to Article 4, Table 4 to allow an up to 50% parking reduction
for properties located within a TOD;
12. A Waiver pursuant to Article 4, Table 5 to allow the substitution of loading berths
to exchange one (1) Commercial berth for two (2) Residential loading berths;
City of Miami Page 15 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
13. A Waiver pursuant to Article 4, Table 4 to allow parking to be located offsite
within 1,000 feet of the property; and
14. A Waiver pursuant to Section 5.10.2(g) of Miami 21 to permit extensions above
the maximum Height for stair, elevator, and mechanical enclosures;
contingent upon compliance with the following 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 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. Any request for deviation from Article 3, Section 3.11.b.6 shall require review and
approval by City Commission.
11. 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.
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:
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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 to limit
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.
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.
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" for development within the City -
owned parcel.
City of Miami Page 17 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
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 laws 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 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
City of Miami Page 18 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
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.
Lodging Use ("Hotel"
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.
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.
Alcohol Service Establishment ("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
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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.
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.
Alcohol Service Establishment ("Ground Level Bar")
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.
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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.
Alcohol Service Establishment ("Roof Top Bar")
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.
Food Service Establishment Restaurant #1
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.
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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.
Food Service Establishment Restaurant #2
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 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.
City of Miami Page 22 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
Place of Assembly ("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 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 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.
City of Miami Page 23 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
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.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately upon its adoption.
Reviewed and Approved:
a_
Lak sha Hull AICP LEED AP BD+C
City of Miami Page 24 of 24 File ID: 12230 (Revision:) Printed On: 7/28/2022
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SURVEYOR'S REPORT:
BEARINGS SHOWN HEREON ARE BASED ON THE SYSTEM AS SHOWN ON THE RIGHT OF WAY MAP SECTION
87270-2425, AS RECORDED IN PLAT BOOK 83, PAGE 21 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, WHERE THE MONUMENT LINE OF SW NORTH RIVER DRIVE, BEARS N33°5310711W.
THIS IS NOT A SURVEY THIS IS A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION.
FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE SHEETS 5 AND 6.
FOR LEGAL DESCRIPTION SEE SHEETS 2-4.
PORTION OF THIS LEGAL DESCRIPTION RUNNING ALONG THE OUTSIDE FACE OF A SEAWALL REFERS TO
THE OUTSIDE FACE OF AN ORIGINAL SEAWALL WHICH MIGHT NOT COINCIDE WITH THE ACTUAL LOCATION
OF THE OUTSIDE FACE OF AN EXISTING SEAWALL AS OF THE DATE OF THIS SKETCH AND LEGAL
DESCRIPTION.
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY THAT THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION WAS PREPARED
UNDER MY DIRECT SUPERVISION AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF AND I FURTHER CERTIFY THAT SAID SKETCH IS IN COMPLIANCE WITH THE
STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS AND MAPPERS
IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES.
Digitally signed by
I Silvia Nuin
Silvia N U i n Date: 2022.06.10
14:23:17-04'00'
SILVIA NUIN
PROFESSIONAL SURVEYOR AND MAPPER No. 5982
STATE OF FLORIDA
NOTICE: NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED
SURVEYOR AND MAPPER.
EACH SHEET AS INCORPORATED THEREIN SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS
ATTACHED TO THE OTHERS.
,` \ N N&/41
No.5982
LICENSED BUSINESS No.2439
STATE OF i NOTICE: NOT FULL AND COMPLETE WITHOUT SHEETS 1 THRU 5 PROJECT NUMBER: 19-568
O& FLORIDA MANUEL G.VERA AND ASSOCIATES, INC. TYPE OF PROJECT: SKETCH & LEGAL DESCRIPTION
ss' ENGINEERS -SURVEYORS & MAPPERS PROJECT NAME:
Surveyor 13960 S.W. 47th ST. MIAMI, FLORIDA 33175 DATE: 05-12-2022 SCALE SHEET
PHONE: (305) 221-6210 e-mail: snuin@mgvera.com DRAWN BY: S.N. ASSHOWN 1 OF5
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 37, TOWNSHIP 54 SOUTH, RANGE 41 EAST, MIAMI DADE COUNTY, FLORIDA, TOGETHER WITH LOTS 1 AND 2, OF EAST RIVERSIDE,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, AT PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL 2 (01-0113-090-1160)
BEGIN AT A POINT OF INTERSECTION OF THE SOUTH BOUNDARY LINE OF LOT 13, BLOCK 139 N, NEW LOCATION OF NORTH RIVER DRIVE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 4 AT PAGE 164, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PROJECTED SOUTHWESTERLY, WITH THE WEST
RIGHT-OF-WAY LINE OF NORTH RIVER DRIVE AS SHOWN ON SAID PLAT OF NEW LOCATION OF NORTH RIVER DRIVE; THENCE N33°5307W ALONG SAID RIGHT-OF-WAY
LINE, FOR 138.01 FEET TO A POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE WITH THE SOUTHWESTERLY EXTENSION OF THE FOLLOWING DESCRIBED LINE;
BEGIN AT THE N.E. CORNER OF LOT 11, BLOCK 139N, OF CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK A AT PAGE 54, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTHEASTERLY ALONG THE WESTERN LINE OF LOT 10 OF SAID BLOCK 139N FOR 37.5 FEET; THENCE IN A
SOUTHWESTERLY DIRECTION TO A POINT ON THE EASTERN BOUNDARY OF NORTH RIVER STREET AS SHOWN ON SAID PLAT OF CITY OF MIAMI, SAID POINT BEING 75
FEET NORTHWESTERLY, ALONG SAID BOUNDARY OF NORTH RIVER STREET, FROM THE SOUTHWEST CORNER OF LOT 12 OF SAID BLOCK 139N; THENCE
SOUTHWESTERLY, ALONG THE EXTENSION OF THE PREVIOUSLY DESCRIBED LINE FOR 50.98 FEET TO A POINT ON THE MIAMI RIVER FACE OF AN EXISTING CONCRETE
BULKHEAD; THENCE ALONG SAID FACE OF THE EXISTING CONCRETE BULKHEAD FOR THE FOLLOWING DESCRIBED TWO (2) COURSES; 1) THENCE S33°04'10"E FOR 7.63
FEET; 2) THENCE S20°50'25"E FOR 147.31 FEET TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY EXTENSION OF THE PREVIOUSLY DESCRIBED SOUTH LINE OF
LOT 13, BLOCK 139N; THENCE N57°54'43"E ALONG THE PREVIOUSLY DESCRIBED LINE, FOR 81.90 FEET TO THE POINT OF BEGINNING.
AND
PARCEL 3 (01-0114-000-1090)
THAT CERTAIN TRACT OF LAND LYING WEST OF LOT 9, BLOCK 140, NORTH, CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOKA. PAGE 54
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTHERLY SIDE BY A LINE
PARALLEL TO AND 3.0 FEET SOUTHERLY AT RIGHT ANGLES FROM THE NORTHERLY LINE OF LOT 9, BLOCK 140, IN CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK A. AT PAGE 54 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, PRODUCED WESTERLY TO THE SHORE LINE OF THE MIAMI RIVER;
BOUNDED ON THE EASTERLY SIDE BY THE WESTERLY LINE OF NORTH RIVER DRIVE, AS SHOWN ON PLAT OF "NEW LOCATION OF NEW RIVER DRIVE" AS RECORDED IN
PLAT BOOK 4. AT PAGE 164 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; BOUNDED ON THE SOUTHERLY SIDE BY THE SOUTHERLY SIDE OF LOT 9,
BLOCK 140 IN CITY OF MIAMI, PRODUCED WESTERLY TO THE SHORE LINE OF MIAMI RIVER; AND BOUNDED ON THE WESTERLY SIDE BY THE SHORE LINE OF THE MIAMI
RIVER;
AND
THE NORTH 15.0 FEET OF LOT 1, EAST RIVERSIDE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK28, AT PAGE 43, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
AND
PARCEL 6 (01-0113-090-1280)
BEGINNING AT THE POINT WHERE THE CENTER LINE OF S.W. 2ND STREET (FORMERLY 14TH STREET) INTERSECTS THE WEST BOUNDARY LINE OF S.W. NORTH RIVER
DRIVE (FORMERLY NORTH RIVER STREET); THENCE RUN WEST ALONG THE EXTENSION OF CENTER LINE OF SAID S.W. 2ND STREET TO THE LOW WATER MARK ON THE
MIAMI RIVER; THENCE MEANDER THE LOW WATER MARK OF MIAMI RIVER TO THE POINT 3 FEET SOUTH OF THE POINT WHERE THE SOUTH BOUNDARY LINE OF SAID S.W.
2ND STREET WOULD INTERSECT THE LOW WATER MARK OF THE MIAMI RIVER, IF THE SAID SOUTH BOUNDARY LINE WERE PROJECTED TO THE WATERS OF SAID RIVER;
THENCE EAST PARALLEL WITH AND 3 FEET SOUTH OF THE SOUTH BOUNDARY LINE OF SAID S.W. 2ND STREET TO THE WEST BOUNDARY LINE OF SAID S.W. NORTH
RIVER DRIVE; THENCE RUN ALONG SAID S.W. NORTH RIVER DRIVE IN A NORTHWESTERLY DIRECTION TO THE POINT OF BEGINNING.
AND LICENSED BUSINESS No.2439
NOTICE: NOT FULL AND COMPLETE WITHOUT SHEETS 1 THRU 5 PROJECT NUMBER: 19-568
MANUEL GMERA AND ASSOCIATES, INC. TYPE OF PROJECT SKETCH & LEGAL DESCRIPTION
ENGINEERS -SURVEYORS & MAPPERS PROJECT NAME: THE HARBOUR
13960 S.W. 47th ST. MIAMI, FLORIDA 33175 DATE: 02-11-2021 SCALE SHEET
PHONE: (305) 221-6210 e-mail: snuin@mgvera.com DRAWN BY: S.N. N/A 2OF 5
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION
AND
BEGIN AT A POINT WHERE THE NORTH LINE OF 14TH STREET (NOW KNOWN AS S.W. 2ND STREET) PRODUCED WEST INTERSECTS THE WEST LINE OF S.W. NORTH
RIVER DRIVE; THENCE RUN NORTHWESTERLY ALONG THE WEST LINE OF S.W. NORTH RIVER DRIVE FOR A DISTANCE OF 68.204 FEET TO A POINT WHERE THE N.W.
BOUNDARY LINE OF LOT 14, BLOCK 139 NORTH, CITY OF MIAMI, PRODUCED SOUTHWESTERLY INTERSECTS SAID WEST LINE OF S.W. NORTH RIVER DRIVE; THENCE
RUN SOUTHWESTERLY ALONG THE NORTHWEST BOUNDARY LINE OF LOT 14, PRODUCED FOR DISTANCE OF 63.2 FEET MORE OR LESS, TO THE LOW WATER LINE
OF MIAMI RIVER; THENCE MEANDER SOUTHEASTERLY ALONG THE LOW WATER LINE OF MIAMI RIVER, TO A POINT WHERE SAID LOW WATER LINE INTERSECTS THE
CENTER LINE OF 14TH STREET PRODUCED; THENCE RUN EAST ALONG THE CENTER LINE OF 14TH STREET PRODUCED TO ITS INTERSECTION WITH THE WEST LINE
OF S.W. NORTH RIVER DRIVE; THENCE RUN NORTHWESTERLY ALONG THE WEST LINE OF S.W. NORTH RIVER DRIVE FOR A DISTANCE OF 23.476 FEET TO THE POINT
OF BEGINNING.
AND
LOT 1, LESS THE NORTH 15 FEET, OF EAST RIVERSIDE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 43, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA
AND
LOT 2, EXCEPT THE SOUTH 57.6 FEET OF EAST RIVERSIDE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 28, AT PAGE 43, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; LESS RIGHT OF WAY OF STATE ROAD NO. 9, ACCORDING TO RIGHT OF WAY MAP IN PLAT BOOK 83, PAGE 21 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA AND LESS BEGIN AT THE NORTH LINE OF SAID LOT 2 AT A POINT 115.06 FEET NORTH 87°43'34" EAST FROM THE NORTHWEST
CORNER THEREOF, THENCE NORTH 87°43'34" EAST 109.25 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO THE NORTHEASTERLY CORNER THEREOF, THENCE
SOUTH 35°31'26" EAST 122.57 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT 2, THENCE SOUTH 87°43'34" WEST 203.70 FEET, THENCE NORTH 12°36'47" EAST
106.07 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINING 58,754 SQUARE FEET OR 1.35 ACRES +/-.
LICENSED BUSINESS No.2439
NOTICE: NOT FULL AND COMPLETE WITHOUT SHEETS 1 THRU 5
37 WESTERLY LINE OF LOT 10ORNE _ EXHIBIT A
NE CLOT 11 -71 - � - r
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
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(P.B. A, PG.54) /W LINE ��
/ I /I.B._4, PG.164
T SSW CORNER
---- — / LOT12 --�
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---------------- ----
�� EXISTING R/W
(P.B. 4, PGG.1(
N33°53'07"W 235.44' -
138.01'
o
PARCEL
SOUTHWESTERLY
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EXTENSION OF LOT 3 0�
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S33°04'10"E
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LOW WATER MARK DESCRIBED-/ 3
AS THE WESTERLY LINE OF PARCEL
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23.476' S35°31'26"E 94.94' A,
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A/1$.0506"W 26 LICENSED BUSINESS No.2439
3.81,
NOTICE: NOT FULL AND COMPLETE WITHOUT SHEETS 1 THRU 5 PROJECT NUMBER: 19-568
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
122.57' /
N87°38' "E /
8.3 ' N35°34'26"W 53.98'
� .00 /
7-1
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LICENSED BUSINESS No.2439
NOTICE: NOT FULL AND COMPLETE WITHOUT SHEETS 1 THRU 5