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Home My WebLink About(2216) - PZAB ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-17-033 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 2216 Final Action Date: 511712017 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD DENYING THE APPEAL OF WARRANT NO. 2017-0004 ISSUED PURSUANT TO ARTICLE 4, TABLE 3 OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21"), TO ALLOW A FOOD SERVICE ESTABLISHMENT LOCATED WITHIN A D3 ("WATERFRONT INDUSTRIAL") TRANSECT ZONE; PURSUANT TO ARTICLE 6, SECTION 6.3.2 OF MIAMI 21, TO ALLOW AN OUTDOOR DINING AREA AND THE DISPLAY AND SALE OF ITEMS FROM VENDING CARTS; AND A WAIVER PURSUANT TO ARTICLE 7, SECTION 7.2.8(B) OF MIAMI 21, TO ALLOW THE ADAPTIVE USE TO A RESTAURANT USE IN A D3 ("WATERFRONT INDUSTRIAL") TRANSECT ZONE FOR THE PROPERTY LOCATED AT 125, 127, AND 131 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 7, 2017, the Department of Planning and Zoning approved Warrant No. 2017-0004 pursuant to Article 4, Table 3 of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"), to allow a Food Service Establishment Use; pursuant to Article 6, Section 6.3.2 of Miami 21, to allow an Outdoor Dining Area in a Food Service Establishment; and a Waiver pursuant to Article 7, Section 7.2.8(b) of Miami 21, to allow an adaptive use of a building located in a D3 ("Waterfront Industrial") Transect Zone for the properties at 125, 127, and 131 Northwest South River Drive with conditions; and WHEREAS, on April 19, 2017, W. Tucker Gibbs, Esquire, on behalf of Biscayne Towing & Salvage, Inc. ("Appellant") filed an appeal with the Office of Hearing Boards of Warrant No. 2017-0004; and WHEREAS, the Appellant claimed that the proposed Food Service Establishment Use failed to meet the requirements set forth in the provisions of the Port of Miami River Element of the City of Miami Comprehensive Plan ("MCNP"); and WHEREAS, the Appellant claimed that the proposed Food Service Establishment Use is not an accessory use to the proposed yacht club and lounge with yacht sales and rentals; and WHEREAS, the proposal does fulfill the intent of the Miami River Corridor Urban Infill Plan for the East Little Havana neighborhood; and WHEREAS, approval of Warrant No. 2017-0004 does serve to meet the intent of the MCNP's Port of Miami River Sub -Element that emphasizes the economic development of the Miami River through job creation and employment opportunities; and Page 1 of 3 File 2216 that is currently not provided for the adjacent residential community and the access provided will serve to increase the economic viability of the existing waterfront industrial site; and WHEREAS, in accordance to Policy PA-3.1.5, the City should encourage the development and expansion of the Port of Miami River Working Waterfront consistent with the FLUM as well as the Coastal Management Element of the MCNP; and WHEREAS, previous Certificates of Use ("CU") for the site included general commercial, machinery manufacture, boat/pleasure craft sales, canning/preserving of fish/seafood, and general business office, industrial - manufacturing & processing, printing/publishing allied industrial; and WHEREAS, Department of Planning and Zoning staff found that Warrant No. 2017-0004 was consistent with the goals of the Miami 21 Code; and WHEREAS, the conditions of Warrant No. 2017-0004 are: (1) the project must be developed consistent with the plans entitled "River Arts Complex - Warrant Submittal" as prepared by Berenblum Busch Architecture, Inc. consisting of 15 pages dated September 2, 2016; (2) offsite parking shall be provided to accommodate proposed valet service; (3) validation of sufficient offsite parking shall be provided and approved by the Planning and Zoning Director or his/her designee prior to the issuance of a building permit for this site; (4) to assure that a water dependent use is achieved, the Class I and Marine Operating Permits shall be approved prior to the issuance of a building permit for this site; (5) the proposal shall maintain compliance with the Lower River design development regulations of both the Miami River Greenway Action Plan and the Miami River Greenway Regulatory Design Standards throughout all phases of the project to be confirmed by the Planning and Zoning Director or his/her designee prior to the issuance of a building permit for this site; (6) if deemed necessary by the Historic Preservation Officer, any work creating ground disturbance shall require a Certificate to Dig; (7) brick pavers over critical root zone of trees are not permitted and a Tree Protection plan prepared by a State of Florida Licensed Arborist to show how installation may be executed without damage to the root system of existing trees is required prior to construction; (8) a Landscape Plan prepared by a State of Florida Licensed Landscape Architect in accordance with Article 9 of the Miami 21 Code is required prior to construction; (9) the proposal must comply with the public art requirements pursuant to Section 2-11,15 entitled "Art in Public Places" of the Miami Dade County (MDC) Code of Ordinances and the Art in Public Places procedures numbered 358; (10) signage shall be reviewed under a separate permit application and is not a part of this Warrant submittal or approval; (11) noise generated on site shall conform to Chapter 36 of the City Code; (12) 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 11:00 p.m. and 7:00 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; (13) any concerns or complaints related to noise nuisance will be addressed and resolved immediately; (14) the subject property shall comply with all Building Code regulations and shall not have any open Code Violations; and (15) failure to comply with the conditions herein shall result in the revocation of Warrant No. 2017-0004; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is substantial evidence in the record to deny the appeal of Warrant No. 2017-0004; 2 OF 3 File ID 2216 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 appeal of Warrant No. 2017-0004, with conditions, is denied. Section 3. This Resolution shall be effective immediately upon its adoption. THIS DECISION IS FINAL UNLESS APPEALED WITHIN 15 DAYS WITH THE OFFICE OF HEARING BOARDS. rancisco Garcia, Director Planhing'and Zoning Department Execution DAte STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, 0 i G ZC I'M0VCI Clerk of the Office of Hearing Boards of the City of Miami, Florida, and acknowledges that he/she executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME i•'1 004 , 2017. Print Notary Name Personally known or Produced I.D. My Commission Expires: Type and number of I.D/produced Did take an oath V or Did not take an oath e jk DAY OF c State of Florida Arenk. SILVIAGONZALEZ MY COMMISSION # GG 051561 'of EXPIRES: November 30, 2020 0" Bonded Thru Notary Pubflc Undenvntera 3 OF 3 File 2216