HomeMy WebLinkAboutLegislation GRANTING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING 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; 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, on May 17, 2017, the Miami Planning, Zoning and Appeals Board
("PZAB") considered the testimony and the evidence presented, after due notice and an
opportunity to be heard was afforded to all members of the public, found there was
substantial evidence in the record to deny the appeal of Warrant No. 2017-0004; and
WHEREAS, on May 17, 2017, the PZAB adopted Resolution PZAB-R-17-033, by
a vote of nine to two (9-2), denying the appeal filed by the Appellant; and,
WHEREAS, on May 30, 2017, W. Tucker Gibbs, Esquire, on behalf of Biscayne
Towing & Salvage, Inc. ("Appellant") filed an appeal of the PZAB's decision to the City
Commission with the Office of Hearing Boards; 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 not 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 not 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
WHEREAS, approval of Warrant No. 2017-0004 does not provide access to the
Miami River 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 grant the appeal of Warrant No. 2017-0004;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY COMMISSION
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 is granted.
Section 3. This Resolution shall be effective immediately upon its adoption.
APPROVED AS TO LEGAL FORM AND CORRECTNESS