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HomeMy WebLinkAboutAppeal LetterW. TUCKER GIBBS, P.A. May 30, 2017 Olga Zamora Hearing Boards Office City of Miami 444 S.W. Second Avenue, Miami, Florida 33130 ATTORNEY AT LAW P.O. BOX 1050 COCONUT GROVE FL 33133 TELEPHONE (305) 448-8486 FACSIMILE (305) 448-0773 tucker@w[tgibbs.com 3 rd Floor VIA RAND DELIVERY Re: Appeal of PZAB Resolution 17-033 Denying Appeal of Warrant No. 2017-0004 for Property at 125, 127 and 131 N.W. South River Drive. Dear Ms. Zamora: I represent Biscayne Towing & Salvage, Inc. ("Biscayne Towing") which owns and operates 24-hour towing and salvage facilities at 151 N.W. South River Drive adjacent to the referenced property ("subject property"). My client filed its appeal of Warrant No. 2017-033 on April 19, 2017. The Planning Zoning and Appeals Board ("PZAB") heard the matter and denied the appeal on May 17, 2017. Biscayne Towing hereby appeals Planning Zoning and Appeals Board Resolution 17-033 (Exhibit "A") that denied my client's appeal of Warrant No. 2017-0004. (Exhibit "B"). That warrant would allow (1) a food service establishment within the D3 Transect Zone, (2) outdoor dining areas and display and sale of items from vending carts and (3) a waiver "to allow the adaptive reuse to a restaurant" at 125, 127 and 131 N.W. South River Drive. The PZAB's denial of the appeal would permit a food service establishment is contrary to the following provisions of the Port of the Miami River Element of the City of Miami Comprehensive Plan: 1. Objective PA 3.1 which requires that the Port of the Miami River be protected from encroachment by non - water dependent and non -water related uses. The Page 1 of 3 proposed food service establishment is not water dependent nor is it water related. 2 Policy PA 3.1.4 which requires the city to encourage and maintain working waterfront uses within the Port of the Miami River Working Waterfront. The proposed food service establishment neither encourages nor maintains a working waterfront use or uses within the Port of the Miami River Working Waterfront. 3 Policy PA 3.1.4 which also requires the city to discourage encroachment into the Port of the Miami River Working Waterfront by incompatible uses. The proposed incompatible food service establishment is an impermissible encroachment into the Port of the Miami River Working Waterfront. 4 Policy PA 3.1.5 which requires the city to encourage the expansion of the Port of the Miami River Working Waterfront consistent with specific elements of the comprehensive plan. The proposed food service establishment is inconsistent with other provisions of the comprehensive plan. 5 Policy PA 3.1.6 which requires the city to encourage development within the Port of the Miami River Working Waterfront that are compatible and suitable with the existing Industrial land use of the property. The proposed food service establishment is neither compatible nor suitable with the intense marine industrial uses that characterize the Port of the Miami River Working Waterfront. The proposed food service establishment use is not an accessory use to the proposed yacht club and lounge with yacht sales and rentals. No definition of "accessory use" is provided in the warrant nor are any facts presented that show that the proposed food service establishment meets any definition of accessory use. The proposed food service establishment fails to meet the requirement of an accessory use in the Miami River Infill Plan as determined by the Miami River Commission. There is no evidence in the record that shows that the proposed private yacht club and lounge is the principal use and that the proposed food service establishment is accessory to that use. The PZAB denial of the appeal and approval of this warrant is inconsistent with the City of Miami Comprehensive Plan because it fails to protect the Working Waterfront of the Port of the Miami River. Furthermore, the requested warrant is not Page 2 of 3 compliant with the Miami 21 Code because it fails to implement the comprehensive plan and it is contrary to the sequential intensity of transects that is one of the fundamental principles of the Miami 21 Code. The PZAB denial of the appeal and approval of the requested waiver to allow an adaptive reuse of a structure for a restaurant use is not only inconsistent with the comprehensive plan as set out above, but it is also inconsistent with the guiding principles of the Miami 21 Code. Furthermore, the waiver presents no facts that show practical difficulties caused by the Miami 21 regulations that would be resolved by the approval of the requested waiver. Therefore, the waiver serves merely to circumvent specific provisions of the Miami 21 Zoning Code. Furthermore, the approval of the waiver is contrary to the essential requirements of the law because the apparent standards that are applied in the evaluation of the waiver are vague and undefined and allow virtually unfettered discretion by the decision -maker in its approval. For all the forgoing reasons the Biscayne Towing & Salvage, Inc., through this letter, appeals the PZAB denial of the appeal of Warrant No. 2017-0004, to permit food service establishment with outdoor seating and a related waiver for the property at 125, 127 and 131 N.W. South River Drive, Miami, Florida. Please note that appellant Biscayne Towing & Salvage, Inc. reserves its right to supplement this letter prior to the planning zoning and appeals board consideration of this appeal. Sincerely, cc: Biscayne Towing & Salvage, Inc. Page 3 of 3 EXHIBIT "A" City 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: 5/17/2017 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. APPROVED AS TO LEGAL FORM AND CORRECTNESS THIS DECISION IS FINAL UNLESS APPEALED WITHIN 15 DAYS WITH THE OFFICE OF HEARING BOARDS. Francisco Garcia, Director Planking/and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Execut on Date Personally appeared before me, the undersigned authority, 0 I,c ZGt r-Y-1OvC:,r 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 ._Tidf DAY OF MO 1 , 2017. CA el Dr.C2D Print Notary Name otary P!}bliEState of Florida 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 3 OF 3 File 2216 . ."" SILVIAGONZALEZ • ' 14,1 MY COMMBSION # GG 05150 EXPIRES: November 30, 2020 .0e Bonded Thru Notary PubI!e Undersnrtera EXHIBIT "B" File No. 17-0004 is,Escarra 'Esq:;;; Greenberg Traurig PAAF 333 SE; 2i,d Avenue, Miami, FL Miami, FL 33131. From Francisco J Garcia Director Planning &Zoning.Department i f'-r PLEASE TAKE NOTICE THATA EFINALaEClsloN HAS BEEN REACHED ON THE FOLLOWING MATTER: _ Title: Food Service Establishment & Outdoor Dining (River Arts Building) Address 25,127 and 131 NW S. River Dr., Little Havana NET Final Decision: ❑ Approval Q Approval with condition El Denial Prepared by: Luiz Vicentini, Planner 1305-416-1408 Amanda Smith, Planner 1305-416-1433 FINDINGS AND CONDITIONS The subject proposal has been reviewed for the following: 1- A Warrant pursuant to Article 4 Table 3 of the Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida. This Section states that Food Service Establishments located within a D3 Transect Zone shall be processed by Warrant. 2- A Warrant pursuant to Article 6, Section 6.3.2, of the Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida. This Section states explicitly that a Warrant shall be required for outdoor dining areas and the display and sale of items from vending carts. 3- A Waiver, pursuant to Article 7, Section 7.2.8(b), of the Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida, to allow the Adaptive Reuse to a restaurant use in a D3 Transect Zone. Pursuant to Section 7,1.3.4 of the above -cited Zoning Ordinance, the Planning & Zoning Department has made referrals to the following Departments and Boards • Office of Zoning, Planning & Zoning Department • Miami River Commission • Miami River Commission Urban lnfill & Greenways Subcommittee • NET — Little Havana Their comments and recommendations have been duty considered and are reflected in this final decision. In reviewing this application, pursuant to Section 7.1.2.4 (d) of the Zoning Ordinance, the following findings have been made: File No. 17-0004 FINDINGS • This application is to permit a private yacht club and lounge with yacht sales/rentals at the Property with an accessory Food Service Establishment with Outdoor Dining Areas within 03 (Marine Industrial) Transect Zone. The accessory, onsite restaurant maintains a water dependent use by emphasizing local seafood, furthermore providing a dock space for commercial fishing vessels to unload and sell their seafood. • The application does not require a Future Land Use Map (FLUM) amendment as the proposed primary use is yacht rental/sales and the accessory use is a Food Service Establishment as is permitted within the Industrial designation. • FS 342.07(2): the term 'recreational and commercial working waterfront" means a parcel or parcels of real property which provide access for water -dependent commercial activities, including hotels and motels as defined in s. 509.242(1), or provide access for the public to the navigable waters of the State. Recreational and commercial working waterfronts require direct access to or a location on, over, or adjacent to a navigable body of water. The terra inciudes water -dependent facilities that are open to the public and offer public access by vessels to the waters of the state or that are support facilities for recreational, commercial research, or governmental vessels. • Yachtlife offers a water dependent facility, open to the public, offering public access by vessels to the waters of the state. • Pursuant to Policy PA-3.1.5;the City shall 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 Miami Comprehensive Neighborhood Plan (MCNP). • The proposed Yachtlife Lounge will occupy the existing building located at 131 NW South River Drive, providing a buffer between the current uses located northwest of the Property and the proposed outdoor dining accessory use further south on the Property. • The Food Service Establishment is located within two existing, separated buildings. The existing building at the northwest of the property inciudes both an indoor dining area, situated in the western portion of the building, and the Yachtlife Lounge, situated in the eastern portion of the building. The indoor dining and commercial fish sales area located in the southeast includes one bar counter with seats. The outdoor dining area contains eight tables and 32 seats and is located between the existing buildings, overlooking the Miami River. • The application fulfills the intent of the Miami River Corridor Urban Infill Plan for the East Little Havana neighborhood. This plan notes that while the Industrial Use Is an appropriate and desirable use for the area, an expansion of allowable uses to include office and commercial (restaurant or retail) as accessory only is also encouraged, assuring that the development maintains the requirement for a primary water -dependent use. • The application provides numerous job opportunities that are not provided by the currently unoccupied site. This serves 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. • The application provides access to the Miami River that is currently not provided for the adjacent residential community. The access provided will serve to enliven the South River Drive on -road Greenway as well as increase the economic viability of the existing waterfront industrial site. 2 File No, 17-0004 • The 'previous Certificates of Use (CU) for properties included in the application were for general commercial with CU property classes for machinery manufacture, boat/pleasure craft safes, canning/preserving of fish/seafood, and generalbusiness office as well as CUs for industrial — manufacturing & processing with a CU property class of printing/publishing allied industrial. The property is not currently being utilized for any use, water -dependent or otherwise. The application proposes uses that are similar in nature to the previous uses on site while also adding an accessory water dependent use which will further the economic viability of the Property and the surrounding area. Based on the above findings and the considered advice of the officers and agencies consulted on this matter, staff recommends approval with conditions of the subject proposal pursuant to Section 7.1.1.2 of the Zoning Ordinance and based on review of a Warrant pursuant to Article 4 Table 3, a Warrant pursuant to Article 6, Section 6.3.2, and a Waiver, pursuant to Article 7, Section 7,2.8(b) with the following limitations: CONDITIONS: 1. The proposed outdoor dining shall be in accordance with the plans entitled 'River Arts Complex - Warrant Submittal" as prepared by f3erenbfum Busch Architecture, Inc. consisting of 15 pages dated September 2, 2016. 2. Offsite parking shall be provided to accommodate proposed valet service. 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. 3. To assure that a water dependent use is achieved, the Class f and Marine Operating • Permits shall be approved prior to the issuance of a building permit for this site. 4. Applicant 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. 5. The proposed application is located within a high probability Archaeological Conservation Area, if deemed necessary by the Historic Preservation Officer, any work creating ground disturbance shelf require a Certificate to Dig. 6. Brick pavers over critical root zone of trees are not permitted. Provide 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. 7. Provide a Landscape Plan prepared by a State of Florida Licensed Landscape Architect in accordance with Article 9 of the Miami 21 Code. 8. The applicant shall 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 (MDC) Art in Public Places (APF) procedures numbered: 358. 9. Signage shall be reviewed under a separate permit application and is not a part of this Warrant submittal or approval. 3 File No. 17-0004 10. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation. 11. 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, unress 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. 12. Any concerns or complaints related to noise nuisance will be addressed and resolved immediately. 13. The subject property shall comply with all Building Code regulations and shall not have any open Code Violations. 14. Failure to comply with the conditions herein shall result in the revocation of this Warrant. NOTICE The final decision of the. Director may be appealed to the Planning, Zoning, and Appeals Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2' Ave., 3rd Floor i, FL.33130. Telephone number (305) 416-2030. Signet ranc Mann Di'c epartment 4 Date -446 Fty appllc GRATED DECISION 'ART Ball' t thi r N REVIEW CRITERI SITIQN. Applicability Compliance ithe— physical xt taking into N/A side ion J�tatural- f a ram' existingurban - am 4r f er t e�entions. (2) For Buildings-vr brner Lots, design Facades to acknowledge all Frontages. (3) For modifications of nonconforming Structures. See Article 7, Section 7.2 for specific regulations (4) Create transitions in Height and mass with Abutting properties and Transect Zones. II) BUILDING CONFIGURATION: ;CLE 4 TABLE 12 is subject to conditions, me, subject to review and approval. Fife No.17-0004 INrCU . DBSI N/A N/A N/A Applicability Compliance (1) Articulate the Building Facade vertically and N/A horizontally in intervals appropriate to the existing Neighborhood and Transect Zone. (2) Articulate the Building Facade at street level to NIA recognize pedestrian continuity and interest, and at upper levels to recognize long views of Buildings (3) Use architectural styles and details (such as roof NIA lines . and fenestration), colors and materials derivative from surrounding area. (4) Design Facades that respond primarily to human N/A scale. (5) Promote pedestrian interaction. N/A (6) Design all walls as active Facades, with doors N/A and windows; .when not possible, embellish walls with architectural design treatment. (7) Provide usable Open Space that allows for visible Yes . Yes and convenient pedestrian access from the public sidewalk. (8) Building sites should locate service elements, NIA such as trash dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and File No.17-0004 communications equipment away from a street front. All service elements shall be situated and screened from view to the street and adjacent properties. III) BUILDING FUNCTION & DENSITY: Applicability Compliance (1) Respond to the Neighborhood context and Yes Yes Transect Zone. IV) PARKING STANDARDS: Applicability Compliance (1) Minimize the impact of automobile parking and NIA driveways on the pedestrian environment and adjacent properties, especially T3 areas. (2) For pedestrian and vehicular safety minimize N/A conflict points such as the number and width of driveways and curb cuts. (3) Minimize off-street parking adjacent to a N/A thoroughfare front and where possible locate parking behind the Building. (4) Design landscaping or surface parking areas as N/A buffers between dissimilar Uses. (5) Screen parking garage structures with Habitable N/A Space. Where Habitable Space is net provided, architectural treatments and landscaping shall screen the garage structure. V) LANDSCAPE STANDARDS: Applicability • Compliance (1) Preserve existing vegetation and/or geological N/A features whenever possible. (2) Reinforce Transect Zone intention by integrating N/A landscape and hardscape elements. (3) Use landscaping to enhance Building design and NIA continuity of Streetscape. , (4) Use landscape material, such as plantings, N/A trellises, pavers, screen walls, planters and similar features, to enhance building design and continuity of streetscape. (5) Provide landscaping that screens undesirable N/A elements, such as surface parking lots, and that enhances open space and architecture. VI) SIGN STANDARDS: Applicability Compliance (1) Provide signage appropriate for the scale and NIA** character of the project and immediate 6 File No. 17-0004 Neighborhood. (2) Provide Functional and aesthetic signage NIA** identifying Building addresses at the entrance(s). VIl) AMBIENT STANDARDS: Applicability Compliance (1) Provide lighting appropriate to the Building and NIA landscape design in a manner that coordinates with signage and street lighting. (2) Orient outdoor lighting to minimize glare to the NIA public realm and adjacent properties. (3) Protect residential areas from excessive noise, Yes Yes* fumes, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. 7 WARRANT FINAL DECISION To: Iris Escarra, Esq. Greenberg Traurig, PA 333 SE 2nd Avenue, Miami, FL Miami, FL 33131 File No. 17-0004 From: Francisco J. Garcia, Director Planning & Zoning Department PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: Food Service Establishment & Outdoor Dining (River Arts Building) Address: 125,127 and 131 NW S. River Dr., Little Havana NET Final Decision: ❑ Approval Q Approval with condition • Denial Prepared by: Luiz Vicentini, Planner 1305-416-1408 Amanda Smith, Planner 1305-416-1433 FINDINGS AND CONDITIONS The subject proposal has been reviewed for the following: 1- A Warrant pursuant to Article 4 Table 3 of the Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida. This Section states that Food Service Establishments located within a D3 Transect Zone shall be processed by Warrant. 2- A Warrant pursuant to Article 6, Section 6.3.2, of the Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida. This Section states explicitly that a Warrant shall be required for outdoor dining areas and the display and sale of items from vending carts. 3- A Waiver, pursuant to Article 7, Section 7.2.8(b), of the Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida, to allow the Adaptive Reuse to a restaurant use in a D3 Transect Zone. Pursuant to Section 7.1.3.4 of the above -cited Zoning Ordinance, the Planning & Zoning Department has made referrals to the following Departments and Boards • Office of Zoning, Planning & Zoning Department • Miami River Commission • Miami River Commission Urban Infill & Greenways Subcommittee • NET — Little Havana Their comments and recommendations have been duly considered and are reflected in this final decision. In reviewing this application, pursuant to Section 7.1.2.4 (d) of the Zoning Ordinance, the following findings have been made: File No. 17-0004 • The previous Certificates of Use (CU) for properties included in the application were for general commercial with CU property classes for machinery manufacture, boat/pleasure craft sales, canning/preserving of fish/seafood, and general business office as well as CUs for industrial — manufacturing & processing with a CU property class of printing/publishing allied industrial. The property is not currently being utilized for any use, water -dependent or otherwise. The application proposes uses that are similar in nature to the previous uses on site while also adding an accessory water dependent use which will further the economic viability of the Property and the surrounding area. Based on the above findings and the considered advice of the officers and agencies consulted on this matter, staff recommends approval with conditions of the subject proposal pursuant to Section 7.1.1.2 of the Zoning Ordinance and based on review of a Warrant pursuant to Article 4 Table 3, a Warrant pursuant to Article 6, Section 6.3.2, and a Waiver, pursuant to Article 7, Section 7.2.8(b) with the following limitations: CONDITIONS: 1. The proposed outdoor dining shall be in accordance 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. 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. 3. 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. 4. Applicant 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. 5. The proposed application is located within a high probability Archaeological Conservation Area, if deemed necessary by the Historic Preservation Officer, any work creating ground disturbance shall require a Certificate to Dig. 6. Brick pavers over critical root zone of trees are not permitted. Provide 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. 7. Provide a Landscape Plan prepared by a State of Florida Licensed Landscape Architect in accordance with Article 9 of the Miami 21 Code. 8. The applicant shall 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 (MDC) Art in Public Places (APP) procedures numbered: 358. 9. Signage shall be reviewed under a separate permit application and is not a part of this Warrant submittal or approval. 3 WARRANT FINAL DECISION File No. 17-0004 ARTICLE 4, TABLE 12 `Compliance is subject to conditions. **Not applicable at this time, subject to review and approval. DESIGN REVIEW CRITERIA I) BUILDING DISPOSITION: Applicability Compliance (1) Respond to the physical context taking into N/A consideration natural features, existing urban form and Transect Zone intentions. (2) For Buildings on Corner Lots, design Facades to N/A acknowledge all Frontages. (3) For modifications of nonconforming Structures. N/A See Article 7, Section 7.2 for specific regulations (4) Create transitions in Height and mass with NIA Abutting properties and Transect Zones. II) BUILDING CONFIGURATION: Applicability Compliance (1) Articulate the Building Facade vertically and N/A horizontally in intervals appropriate to the existing Neighborhood and Transect Zone. (2) Articulate the Building Facade at street level to N/A recognize pedestrian continuity and interest, and at upper levels to recognize long views of Buildings (3) Use architectural styles and details (such as roof N/A lines and fenestration), colors and materials derivative from surrounding area. (4) Design Facades that respond primarily to human N/A scale. (5) Promote pedestrian interaction. N/A (6) Design all walls as active Facades, with doors N/A and windows; when not possible, embellish walls with architectural design treatment. (7) Provide usable Open Space that allows for visible Yes and convenient pedestrian access from the public sidewalk. (8) Building sites should locate service elements, N/A such as trash dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and Yes File No. 17-0004 Neighborhood. (2) Provide functional and aesthetic signage N/A** identifying Building addresses at the entrance(s). VII) AMBIENT STANDARDS: Applicability Compliance (1) Provide lighting appropriate to the Building and N/A landscape design in a manner that coordinates with signage and street lighting. (2) Orient outdoor lighting to minimize glare to the N/A public realm and adjacent properties. (3) Protect residential areas from excessive noise, Yes Yes* fumes, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. 7 EXHIBIT "B" Registered Lobbyists and Active Issues Gibbs, Tucker W. Address: P.O Box 1050 City : Miami State : FL Organization Telephone 3054488486 Fax: Zip : 33133 Email: tucker©wtgibbs.com Principal Name Biscayne Towing & Salvage, Inc. TWJ 1101, LLC Issue Description Annual Lobbyist Registration Fee Appeal of warrant 2017-0004 Zoning applications for property at 1111 Brickell Bay Drive (Objector) - TWJ 1101, LLC Tibor Hollo, Wayne Holle, and Jerome Hullo Registration Amount Payment Comments Date 05/16/2017 $525.00 7158 05/16/2017 $105.00 7158 12/20/2016 $105.00 7109 Page 1 of 1 Printed On 5116/2017 3:02:51 PM