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HomeMy WebLinkAboutR-17-0573City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution R-17-0573 File Number: 2508 Final Action Date: 11/16/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, DENYING THE APPEAL OF WARRANT NO. 2017-0004 ISSUED PURSUANT TO ARTICLE 4, TABLE 3 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDE TO ALLOW A FOOD SERVICE ESTABLISHMENT LOCATED WITHIN A D3 AND PURSUANT TO ARTICLE 6, SECTION 6.3.2 OF THE MIAMI 21 CODE TO ALLOW AN OUTDOOR DINING AREA INCLUDING A WAIVER PURSUANT TO ARTICLE 7, SECTION 7.2.8(B) OF THE MIAMI 21 CODE TO ALLOW THE ADAPTIVE USE TO A RESTAURANT USE IN A NE FOR THE PROPERTY LOCATED AT 125, 127 A/K/A 129, AND 131 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; MORE PARTICULARLY DESCRIBED IN EXHIBIT A; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 7, 2017, the Department of Planning approved Warrant No. 2017- 0004 pursuant to Article 4, Table 3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended , pursuant to Article 6, Section 6.3.2 of the Miami 21 Code, to allow an Outdoor Dining Area in a Food Service Establishment, and further issued a Waiver pursuant to Article 7, Section 7.2.8(b) of the Miami 21 Code properties at 125, 127 a/k/a 129, and 131 Northwest South River Drive, Miami, Florida, with conditions; and WHEREAS, on April 19, 2017, W. Tucker Gibbs, Esquire, on behalf of Biscayne Towing , filed an appeal with the Office of Hearing Boards of Warrant No. 2017-0004; and considered the testimony and the evidence presented, after due notice and an opportunity to be heard was afforded to all members of the public, and adopted Resolution No. PZAB-R-17-033, by a vote of nine to two (9-2), and found there was substantial evidence in the record to deny the appeal of Warrant No. 2017-0004; and WHEREAS, on May 30, 2017, the Appellant filed an appeal of t the City Commission with the Office of Hearing Boards; and WHEREAS, the Appellant claims that the proposed Food Service Establishment Use fails to meet the requirements set forth in the provisions of the Port of Miami River Sub-Element of the City of Miami Comprehensive Neighborhood WHEREAS, the Appellant claims 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 proposed use does fulfill the intent of the Miami River Corridor Urban City of Miami Page 1 of 4 File ID: 2508 (Revision: B) Printed On: 2/14/2018 File ID: 2508 Enactment Number: R-17-0573 Infill Plan for the East Little Havana neighborhood; and WHEREAS, approval of Warrant No. 2017-0004 does serve to meet the intent of the -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 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 with Policy PA-3.1.5, the City should encourage the development and expansion of the Port of Miami River Working Waterfront consistent with the as well as the Coastal Management Element of the MCNP; and machinery manufacture, boat/pleasure craft sales, canning/preserving of fish/seafood, general business office, industrial - manufacturing & processing, and printing/publishing allied industrial uses; and WHEREAS, the Planning Director found that issuing Warrant No. 2017-0004 was consistent with the goals of the Miami 21 Code; and WHEREAS, the conditions of Warrant No. 2017-0004 are that (1) the project must be - prepared by Berenblum Busch Architecture, Inc. consisting of fifteen (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 Director or his/her designee prior to the issuance of a building permit for the 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 the 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 Director or his/her designee prior to the issuance of a building permit for the 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- County 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 the Warrant; (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 City of Miami Page 2 of 4 File ID: 2508 (Revision: B) Printed on: 2/14/2018 File ID: 2508 Enactment Number: R-17-0573 Code Violations; and (15) failure to comply with the conditions of the Warrant shall result in the revocation of Warrant No. 2017-0004; and WHEREAS, the applicant has proffered a Covenant to run with the Land, attached as Exhibit-B with the following restrictions: 1. During the construction phase of the development of the Property, Owner shall cause its general contractor(s) and subcontractors to adhere to the following with respect to hiring objectives: a. At least fifteen percent (15%) of those employed for construction work shall be employed utilizing the following priorities: first, residents of City of Miami District 3; second, residents of the City of Miami. b. During construction, Owner shall designate an independent accounting designee, verifying compliance with the hiring restrictions contained within this Agreement. 2. Once a Certificate of Use has been obtained, Owner shall cause its restaurant operator to adhere to the following with respect to hiring objectives, excluding the restaurant chef: a. At least thirty percent (30%) of those employed at the restaurant shall be residents of the City of Miami; and b. Within ten (10) days prior to the issuance of the Certificate of Use, Owner shall designate an independent accounting firm to certify quarterly reports with the hiring restrictions contained within this Agreement. 3. Residents residing within the following geographical area, bound by West Flagler St on the south, NW 5th Avenue on the West, NW South River Drive on the East, and NW 2nd Street on the North, shall receive a twenty-five percent (25%) discount at the restaurant, excluding alcohol sales, and a twenty-five percent (25%) discount at the fish market uses established on the Property with proof of residency via valid government issued identification; and WHEREAS, the Warrant is found to be compatible with the Miami River Corridor Urban Infill Plan and does serve to meet the intent of the Port of Miami River Sub-Element of the MCNP as the Warrant emphasizes the economic development of the Miami River through job creation and employment opportunities; and WHEREAS, the Warrant provides access to the Miami River that is currently not provided by the unoccupied site, and will serve to enliven the South River Drive on-road Greenway as well as increase the economic viability of the industrial site, in compliance with the MCNP; and WHEREAS, the Warrant is found to comply with the MCNP and the Port of Miami River Sub-Element, as amended by the settlement agreement in the matter of The Department of Community Affairs, the intervenor Miami River Marine Group, Inc. v. City of Miami, DOAH City of Miami Page 3 of 4 File ID: 2508 (Revision: B) Printed on: 2/14/2018 File ID: 2508 Enactment Number: R-17-0573 Case No. 09-0169GM which settlement was implemented by Ordinance 13043 which amended Related Facilities Port of Miami River Sub-element; and Coastal Management Element; and WHEREAS, the yacht club and lounge with yacht sales and rentals is a water dependent activity and complies with the recreational and working waterfront definition as defined in Florida Statute 342.07(2) and the Port of Miami River Sub-Element of the MCNP; and WHEREAS, the Food Service Establishment and Outdoor Dining area are not incompatible with, but are accessory to, the water dependent uses at the Property; and WHEREAS, the Food Service Establishment and Outdoor Dining area implement the objective of the Miami 21 Code and the MCNP by providing a clear and effective transition between the residential uses to the south and east and the industrial setting of the Miami River; and WHEREAS, based on the lay and professional testimony, and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, and being otherwise fully advised in the premises, there is substantial evidence in the record to deny 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 denied. 1 Section 3. This Resolution shall be effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File ID: 2508 (Revision: B) Printed on: 2/14/2018