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Submittal-Iris Escarra-Tasal, LLC Appellees Exhibit Book Submittal
-I„ 125,127/129, AND 131 NW SOUTH RIVER DRIVE City Commission Meeting 11/16/17 -r WARRANT APPEAL Appellee's Exhibit Book ., Applicant Documents 1. Warrant File No. 17-004 (April 7, 2017) 2. Stamped plans 3. Appellee's Position Paper 4. Exhibit Boards 5. Miami River Commission Letter of Intent 6. Timeline and Summary of Miami River Commission Meetings a. September 14, 2016 minutes b. October 21, 2016 minutes c. November 21, 2016 minutes d. January 9, 2017 minutes e. January 17, 2017 minutes f. January 23, 2017 minutes Appeal 7. Warrant Appeal (April 19, 2017) ' 8. PZAB Resolution No. PZAB-R-17-033 9. May 17, 2017 PZAB Minutes 10. Warrant Appeal (May 30, 2017) Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Applicable Law ,aft State Law 11. Florida Statute 342.07 Recreational and Commercial Working Waterfront qww City Code, Miami 21. and Comprehensive Plan 12. City of Miami Waterfront Standards(httQs://Iibpa.municode.com/FL/miami� 13. Miami 21 Warrant/Waiver Procedures and Use chart (www.miami2 Lorg) 14. City of Miami Comprehensive Neighborhood Plan (http://www.miamigov.com/planning/comprehensiveplan.html) a. Pyramid Concept b. Industrial designation c. Port of Miami River Sub Element d. Appendix PA -1 Ila e. Coastal Management f. Natural Resource Conservation Miami River Commission 15. Miami River Corridor Urban Infill Plan 16. Miami River Greenway Action Plan Imas wo" Submitted into the public record for item(s) PZ.3 on 11j1612017 City Clerk W 1.% C I S I C N File W.17-0004 :... �!': 'F� . f •' i L ,AM r�.,����1rim., •4' ' I•.i1 Tt�Lr •.) , :AAvnue, M�ejTii, FL 3331.' •r.°I -•- ... � . ., � s s � ,� • 4-� 1. j `� F�iR ;f�a�cbca J: i3arda, r J' : , a. P -i1 Pfanning 4j rtmen t 1� ,PLW' ET Ac7s�:E-*AT.'x . ClSrOlr HAS BEEN REACHED ON THE FOLLOWING MATTER: FoQd'iii0m Establishment & Outdoor Dining (River Arts Building) and 131 NW S. River Dr., Little Havana NET Final Decision: ❑ Approval 19 Approval with condition ❑ Denial Prepared by. Luiz Vlcentini, Planner 1 305-416-1408 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 S, Section 6.3.2, of the Miami 21 Cade, as adopted, the Zaning Ordinance of the City of Miami, Florida. This Section states wolc* that a Warrant shall be required for outdoor dining areas and the display and safe 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: E Submitted into the public record for items) PZ.3 on _ 11/16/2017 City Clerk FINDINGS 'ile No. 17-0004 • This application is to permit a private yacht dub and lounge with yacht sales/rentals at the Property with an accessory Food Service Establishment with Outdoor Dining Areas within D3 (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 reauire direct access to or a location on, over, or adjacent to a navigable body of water. The tern includes 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 Yac'Wiife 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 includes 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. ii • 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. T 2 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk .- 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 chm of prindrWpubiishing allied ' indusb*, The property is. not currently being utilized for any use, water -dependent of otherMse. The appikation 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: t 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 peoes 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 in achiemd, t ie Class I and Madne.,Operating Pernnita shall be approved prior to the iseuance of a baildlrrg permit for this site. ' ` 4. Applicant shall maintain oomplianoe wfth'the Lower'Riverdechin devaloprrrent regulations of both the Miami River Greenway Action flan and the Miami Rf►rer Greenway Regulatory Design Standards throughout all phases of the pr+ojed; to be confirmed by the Planning and Zoning Director or histher designee prior to the issuance of a building permit for this site. R 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 zona 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 wit,) 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. t Submitted into the public record for items) PZ.3 on 11%16/2017 City Clerk File Nd. 17-M 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.rn. the following day, unless said music devices are played or operated in a dosed 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 Zn° Ave, 3rd FiooJ1,�I, FL 33130. Telephone number (303) 415-2030. Signa4ranci Date 17 D' Pians nl Department U L R M A DECISION Submitted into the public record for item(s) PZ.3 _ on 11/16/2017 City Clerk File W.17-0004 ,W° Cor dial) is subject to conditions. **IV zppll le th me, subject to review and approval. INCOP CRATED 7 All &NG DIS 190 8 oDlicabllkv Comet ance *pon l yal�ia; A taking into N/A ! I on tur�ll S existing urban (2) For Sul $Vry�ar Lots, design Fagades 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. M JI&DIhO CONFIGU TIOhi: (1) Articulate the Building Fagade vertically and horizorally in intervals appropriate to the existing Neighborhood. and Transect Zone. (2) Articulate the Building Fagade at street level to recognize pedestrian continuity and interest, and at upper levels to recognize long views of Buildings (3) Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area. (4) Design Fagades that respond primarily to human scale. (5) Promote pedestrian interaction. (6) Design all walls as active Facades, with doors and windows; .when not possible, embellish walls with architectural design treatment. (7) Provide usable Open Space that allows for visible and convenient pedestrian access from the public sidewalk. (8) Building sites should locate service elements, such as trash dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and N/A N/A NIA h2plicabtiity N/A N/A N/A NIA NIA N/A Yes NIA Corn 'res Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk 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. L BUILD(�],g fUN MON & PKNMM Apalicabllity Comojlance (1) Respond to the Neighborhood context and Yes Yes Transect Zone. M,PA rJNG STANDARDS: (1) Minimize the impact of automobile parking and AoolIgabiiltrr Gomo,liagc_e N/A - driveways on the pedestrian environment and adjacent properties, especially T3 areas. (2) For pedestrian and vehicular safety minimize NIA - 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 betvreen dissimilar Uses. (5) Screen parking garage structures with Habitable N/A - Space. Where Habitable Space is not provided, architectural treatments and landscaping shall screen the garage structure. VII LANDSCAPE STANDARDS; AoQlicablllty 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 N/A - continuity of Streetscape. (4) Use landscape material, such as plantings, N/A - trellises, pavers, screen walls, planters and similar eatur ds, to enhance builaing do -sign and continuity of streetscape. (5) Provide landscaping that screens undesirable NIA - elements, such as surface parking lots, and that enhances open space and architecture. VIII SIGN ITMDARDS; ADcllYability Comcligne (1) Provide signage appropriate for the scale and N/A" - character of the project and immediate 6 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Neighborhood. (2) Provide functional and aesthetic signage identifying Building addresses at the entrance(s). YII1 AMBIENT STANDARDS: (1) Provide lighting appropriate to the. Building and landscape design in a manner that coordinates with signage and street lighting. (2) Orient outdoor lighting to minimize glare to the public realm and adjacent properties. (3) Protect residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. NIA" A.aollcailit3r N/A N/A Yes File No. 17-M CoMplience Yes" RIVER ARTS COMPLEX 125, 129, 131 NW South River Dr. MIAMI, FIL 33128 INDEX G"C'MRSHWAA®RM G.1.0 SUAVEr `�-• G (.1 YAM gNER.6gf*~ PARTVPAT[GH G: D¢GRTE%T PIAM d GRGea "1W VrREW1' G 3.1 SGIiLE]lT qAM L OSApE( (rg0"PROPERM fl 3.32010RGMMSLd01 MTA 'G 3.0 1Ca11MGSAEP3AII , A 1 0 pRGPGM WEM M .A l.t RGGF PtA!} Ai ECEYAATO 1137 PRGPQSEO EXiERP."= TYPES A 4 0 VIN aURE rt1VE PNLOIG TYPES A � U MMiM1lURETYPES °. -1 LANDSCAMPLAM t:£ 'REPae wxrArne RAMT arta �° YA CM TLPFE �'..ert eMM/R�wEfJ.rtlOMnp[ vsaaairrwos Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk WARRANT SUBMITTAL 2 A MT4 xP�41 jQ2zLkQ�Q( CK , rli�[$) !#T MIA E13 TRANSECT ZONE. 2 ARTICLE 7, SECTION 8.310 {_ TO ALLOW OUTDOOR DRYM AFiE ', APPROVED City of Miami Manning Dapar mn Date d ' ' - t'C19 — Ira _ rv.--."a I OrF FLOC ' 1 78 --- E� i y F� COWR l "IT PIM G 0.0 6rRIpMrSak !+r lr. waip or sounnAz r •vvtv,=az rlRrx a •. . r rrtvwv anon. cele as t� .. ! • ` A etna 0111 soar 1r -s ,L. - rJ.c 8°t' a. rwl f.v . w rx aolnef 11s[ rar 1 rwimuCED E1bT _ ��y� _ ..t . 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SM} 1 rxMewwM eswewl�ewr nasMilM.l.rlto R NYss.Rplt sewn rlWlae!>a. � � � M I= so Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk ,.r •��,� '4 �� ti - tip . .._ LOCATION AMP (NOT To sms? q � � As, SLaRI f b� nanoe. a 4 ► err/ Re.°T.• E[Vf! mllMawtlnlle.ew� uO trr�rt�ror egos. NOTC -MRs Tit[s:mrA}Mltl ,lM1rl►}A16trmas.asw ID NY sNi•rrRle°tIM 4Rf°..Ir. LL[ o®}° xMrrlR°RRnitw[tn.wlwrwxllPw.Vr llsR C°Mrt1[N ses RIYWY.n TNrse,Issaer. - tNa norrlov Iwr s ewRl.oarsT�semlrsslrwMKw. TR efr Lelaf.:0 �itPlF°� di?t�si!9 tEeEli01B 0 +i;}Irap a g i�ir6�{s@ t7,y3&13. RM rim m i -M -� --EM -M -r -M -M -w � 1w � M � = M M M MYri sr oawy AvOw llr. map, 1 OWN 1■dttil Orp- 10"W WAw � rr 4 w� 7 aar A.P PANNIN��N �l r ie�1O11' yrM •r SAELOCOTM OATMIN MMMFP PFVEF GNEENMYnC PFAN tMel�I�EaMNeI, l�aw�►J�wr 3` • r � .I Nr•.LFre � �; t ad M" Jose POO Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk kr+�rrwa � M SW P{ANPNaOMA63N)EO & M SNE /EAk PACPGW A W T!E Iff HAN MFOM BOAT ANO NNTER , MEA PNOPO{EFiNEETTOAEEi'm"vE PEB6TBAN R EDGE ASB.MM-OONPMO WA nM POBUG ACLESS PNM TIE ' ' TiENRWI1rEYE RAf[0lPUN SIDE " �Mr\rOYs IF�14P! . _ _ _ r�PMOERr1�PAOI a �wn�rr.wrP�i.wrw 1 9 PNtrA\da . ■ .�_a�... �M�.+.w�r�rw.�arwrwwvs �'� 1 ..�... • `..;:ems li 4' 'moi '■ t?'' PGM PHN PGA Pwk NII APPROVED �* City of Miami �, \ r - E Data 000 11 + \ vAPG1IEENPPr ^� 1 TtrAVATtON YAGNT LIF E mt. mGPAN OFPIC7m AREAE immED oaatwtF.FoaeFoacTv�EEN _.PNa�awrs G^ 1.1 lOEENNAiFJl AEplNORFNMEP � .. -...._ ......_.a-MIARaNPPv w _ ` y - e..•......-_`. ..'+...._ _ .-.,..r_ _. �. _.... .. ... .-.. _. y. ._ _... _-�. �. -.._ .. -tiTK 1111W R'NEROt14�J1MMYRAIE � V 1. t jib Submitted into the public record for items) PZ.3 on — 11/16/2017 , City Clerk i EI 3 El a 6 -5T 0 ()JEC i SrTE 7Ak. HW IST ST 14 CONTEXT PLAN (3) (L (U)) Re ii lyffW 9 v G 2.0 i 12 13 Submitted into the public record for item(s) PZ -3 on 11/16/2017_, City Clerk r '�?ys 14 1� Rar ' .. " 9�GF9 ``S1�E 0,92fi � ,#2 1 CONTEXT PLAN ® y a5 S �I J� a K� aarvxr KM & MAM G 2A �.._��._.__,_ _ - ._—. -:_ � rna�cr DEsetTlPrloe► } f- aiwe[osECE'InlOal®s `� � ,� ; >�-IF►E3Fw►3fl�T111M�1fw 1 C\ ✓.7 -- 4 j ONS i S IDHiNRSYLLUIOLLL � rh RCyJEC kr MoJOnOmwFnw {{ .-��IFE ALL OmixNNS METO IEWFI AND w ummmov n OOMw1EDHIF sawRw Fa)rAGE - SOMADOMTHEMOJECTONIBNSOF51[9}013Aa13L/i E]GBRRM IW M�ROFAIEMOIECTCOta9Tl OFEQOdIIERYRMtlE'a1RRRal'RfE®iE �VF. AHIMac OF wOHOFmEwc3>tfcf7rn61sOFOwvm�Aa 1 AREAL SNIl, MND AUSMWWKWAYS. i -rte Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk ZONRiGDATALEMM7 - F#ONOAGEAT FROM al1NC1l ` ' zanrinnAsscw,nLt DINE ONTgCF mI!-®wwMralDwwxFTwAL .._.,.- •^"�" lm....'.'�"...�...... m.." De's a �� FLOCO700E^ ZONE AE EE ^^ >>r y MOFOIFDYSE NMYME 911L[E /MDi�l11CNQIlBCNIIUMf ' IOOARA MOO OF W. Ir.MWn.TOOEF t (( OOT VAD[H 1w A.1wI. aar'A. 3H' -Y:.. EOT000lIMOE —WX 3IR 330% Pura on P.awan nm OF.[ i NOW AIR 1 YFI!./SLECOM 0'""SEAT NFFA- wRDEIOCOLE AI4 EOIOON PDA 3F1 P*wEi� P1.7>t 6} PM ZOS EORDN t wAa0II1 mINOCODE EpwO FLOW NN IST ST OR1FMCr CIMM SOWAIRM ` y SECONDARY OM aF,. EDA w11 MMme J 1 A®E31s.YINr )t[ SEW OFF'". Sr T. EMOTING vArOl�w cwLartwsloFb _ _ . 3 , FAR FDa[ FT ON. « W.rWA pOSIEIiG +_ ...w._ ... ....•.- l R MMfNI SEllF[Cf NIIDOIS6S7RMJltiI/l MlvM�wiR�1RlT,OfB101! 1 MONTAGE _ i LOOOTIOR I I EFGIODI SFBLE PACRROED EVIED w NIA APPROVED j ! -. __ _.... _ _ _. _ _. _ _. _. _ _ _ .- -. - .- -... _ _ _ _ J G,SpFAGE 011lOITCWn FERNnTED NM DAA -- ---_ _.. DAA {�. PROJECT LOCATION PLAN + 1 eE �w ED DAA DAA Cit of Miami J SCNF MC_O•.p F. SIOFf110•T PE ED DAA NM +� 1j 1 o.oNLFm' SDer raw DAA 1 Planning DepartatRan3 SPECIAL ArEAFUN ( -2 H. ARCwOE MF ABY AM NN NN Date E �%{ � , i lFccuLAREA FUNOW NEWT I F IM CNE aA a41DWEQtlAK 35TOFFS ISTORY exsrvn NOW wSESEFS,"*w NOW ` NOR Ad WFRRNEDOESIO[IlwMILOIOYAIKA. e 1 Tn, i 78-12-0--_--_ _ ZONING MAP r G 2.2 Submitted into the public record for item(s) PZ.3 _ on 11/16/2017 City Clerk :s •\•\ �erowlDE1 \ \•\ 1 TEXSIING BUILDING I _ \\ \ �9z< �. i\ \ worn coceh noon �J/ 1 A- rSF /�;. �G.N 2 \ \ ]A '�/fll \q\ r'� 2w -r .Po a i APPROVED ru�,\ city of lacy \ Planning Deyartmmat \ \ \ OILSTBq BUILDING 4 Date 9- GF - \ •�� c ""Y� 'p--\-�.-.-_.�.1»�_-�- �°•"- ._.__-__—.._.--.ate � _ _ __,,, ,, �1. YAC H-rL_I FE.- `IAN.SIDESETBACK:O'•0- sa ae wwwluswarrre P • _• tv Q 102'-1- EXISTING SITE PIAN . rase vw. w M M DATA I-— ouena ®R' M `20NYRi DATA G 3.0 [IM'M -ml I= -M I= -M � im � M � am M � M M M = Submitted into the public record for item(s)--LZ—.3. on —11L16L2-0-17---, City Clerk 2 4M 8F J k5 4 RESTAURAW M�Mxoxcft A 2A!I v ILI 2\ WOW, 1.188F 2 L DIY AP-P-110VED I city:of MOMI PlanningDovartment `�{�� ��\�:�` .. ----------- A 2, -rLIFF YACH IBM KMWACC8WWATfFWFIMWVA%XMY PROPOSED SITE PLAN SCAMMW."W r t, RIEIICA=M WARWFMVr WN"AY !3 Y+ Ti{ r1';.{lt E'9•i� r] ,fix•;—t�.t:� 1'� eAalosxwe� \ EXISTINC �\— BUILDINC t_\ 4,k ` ;APPROV-ED YACHTLIFE .wt v.pAnrooimw+oe .Piutr,.aa.ou.aw CW of MjJrai Pi... ng DepQr ent Date For By 7M -r tw w �r r r �■r Submitted into the public record for item(s) P ZZ.3� on 1 AL2017 . City Clerk Elm1 euooli�\• � � ,�, �. \ `% ` �t EXISTING \ ` t BUILDING PROPOSED ROOF PLAN U'feN� 1AY61e ac Ale vto•. t•o• PnoPaeeo �I100FPW/ A 1.1 P~ Ir•Ir II—w q•/' IWILT IT _ IImLIM q LwM!•ROQw I/ L.MIx-sno.w f p10UNn FLO Mr Submitted into the public record for item(s) P ZZ.3 on 11 16 2017 City Clerk r MR Prp Ir•Ir. b.IRA tr-P ■.r-cT Ir -r iemo-t� Is -n• LwM /•tILOD.w a..• IrAt:-elm.w r•r P.rM IW -Ir IlooLxa Ir • r bM-IM q•I1• i..wlx. wa.e Ir -r L..ax�oco.w r -r mglMOrIWII r -r Pw V. M n..I-nr Ir•r •r.rww q -r Il.a!•I� Ir. n• I..r!-snow q -r I...!•sm.w r•r tXIgMD /LIXR r. r Vr. rd FkMT Bulnwo U U ; I 4=1 APPROVED f Cite of Miami Planning Department Date__ wf� Po - CUd y -------- . m�Pe. E.SfVq EM" REVAMMS A 2.0 �= _= � -= -= -�'= INNI ' � IMI IMI ' = M = � � M VIEW FROM THE NORTH SCALE: 1/0'- 1'•0' rl rH i l 1 3 Submitted into the public record for item(s) P ZZ.3 on 11/16/2017 City Clerk S.E. C NEN '�'f-' v__T'-•-• V 'R ' .EwTIIRR� Yl � Y RRL• IRfRW4 ,w.r.. rvRw.ruwEw,mR nweueb ..R �� noaR 2 VIEW FROM RIVER SCALE: 1/8'= 110 YACHTLIFE WR: •.O,NRYlIWIm EIWR]R Rte. ad N.E COWEA 78 ` � :i STARED ASG... cjIT, of. D1ia,a4 liar ai;,p LeparimeII4 �, sP PROPOSED EXERI Oris A 2.1 SCORED SEALED CONCRETE PAVING W/ SALT FINISH WOOD DECK �I i Submitted into the public record for item(s) PZ.3 on 11/16/2017j City Clerk APF_ $" ovrj) Q17 of f Miami Planning D 1 parhaeaf Date =:1= ""C a v�vwonvEe A 3.0 OUTDOOR DINING FURNITURE V Tws CRINOLINE DINING TABLE OUTDOOR LOUNGE FURNITURE v— CRINOLINE DINING TABLE Tan CRINOLINE DINING TABLE F~ qes CRINOLINE DINING CHAIR aloe. CRINOLINE ARMCHAIR ! M CRINOLINE DINING CHAIR NOTE: FURNITURE SAMPLES FOR REFERENCE ONLY. Submitted into the public record for item(s) P ZZ.3 on 11l16/2017, City Clerk 1. A— REEL CIRCULAR POUF APPROVED Ci., of miQ =clLzling Dep nment -DOW Fo wCAIEDl1RATIVf PAVMY TYPE A 4.0 FURNITURE LEGEND TC130 aYOPr.maDaxawDrw MI'D.Y}x Qff fJY1RIY•YIIOLVx.Y1wP11DV1 II{•x CHOP udse.MWulgr. i� ,YrD. wi-x CHW4 cmnai anoD..wn+w ai'w.ai'D.wix RE130 a{w.a{•D.w1•x T517 .i.mr .anmD.r. TD...�x TST4 Y.YY.Yl.wim.a� w{-D.rx 1. A— REEL CIRCULAR POUF APPROVED Ci., of miQ =clLzling Dep nment -DOW Fo wCAIEDl1RATIVf PAVMY TYPE A 4.0 .� �r Pr -r � ri■ � rr -rr � rr -rte -rr rr �r r rr ■r � -rie r rr Submitted into the public record for items) P?.3 on , 11/16 2017 , City Clerk &�' 1 I COCONUT PALMS wuvENG A -- O j OSPECIMEN SHADE TREE (SUPER SPECTACULAR) � � •, N PUBLIC FRONT (B%BU`rTOMNODD.FICUSGTRFOUAFICUSAURFA W• � E T •M.It� w \ ONTNG SEA WALL KITCHEN I I Z EXISTING FISSION FRRBT. ,�I STREET TREE _ j MUSCONE GRAPE, .J- NEW STREET TREES CJl .. .. .:'..,: BOIIOAINVILLFA / R C :DWARF MANGO. __ _- __ _ FJBSTNG COCONUT PALM 10 REiAVN ]ABOIICABA. RUS. PAPAYA \ �T w \ ` EXISTING SEA PALMS AN 4 � RELK%AlE TO SEAWALL PLANIEi6 Q L m Q V. CONC. SAFD&fWALhi` RESTAURANT I a,c1'1 N TOI&NMN ¢y, B EL U 91• i • 0 K Q _ \ 'I /',j .I MEDIVN TREE C)� a FLOWERING TREE — • GREEN EUTIONWOOD. SE Q' U U. EXISTING STREET FREE Q JN m LEAl LOWMEDIUM SHRUBS W J NEW STREET TREE \ DETECTIVE WALKWAY > N Q Y _ 1 W EXISTNO STREET TREE 4tP OPEN EXHITNG SEA WALL PASSKNN FRUIT. MUSCADINE KITCHEN U GRAPE. BOUGAINVILLEA 'c LOWAWDIUM SHRUBS: r BAR • Wj �COCOPLUM. JAAAWNN CAPER • O \ WHITE INDIGO FIPEBUSH, W(LD COFFEE p O \ i ti V 00 O O O u MutnmuNc vxMs \ \ P / RESTAURANT g a \ SSi SAUSAGE TREE \ • S IL IV MURK -TRUNK PALMS AT ENTRY \1' 1•'� PUBLICACCESSWATER •WNUO• � WF-"�— PASSION FRUIT. MUSCADINE GRAPE, ON J • .._...__.._... _ ._._ .___ _.. _ �_ .. D7NOAioT1 c OVERHEAD TRELUSE Y ....___�_. ._ ! YLC7"lirg Depari.,Rt t Da[e • a • Zo/� E CURVED COCDMIT PIMLTB NEW STREET TREE \ ()00 SHEET N MBER LP -1 ( P.INd dl•etlon 0 _ 1U' —R0 BR ' 40' ~Oi TNwt b••tl"R .. SCALE: I"= 20'-0" NORTH 4 AwSubmitted into the public record for items) --N-3. on 11/L6/2017 City Clerk Conocarpuserectus FRUFTREES IL ` t �,, rte• �r*� L ,� � L. q& Cocos nucifera Caryota mitis Coccothrinax argentata REPRESENTATIVE PLANTTYPES VINES .r Muster' savinomiller JANUARY 03, 2017 River Arts Complex L-2 SHRUBS & GROUNDCOVERS i,N r • _ ` Y IL ` t �,, rte• �r*� L ,� � L. q& Cocos nucifera Caryota mitis Coccothrinax argentata REPRESENTATIVE PLANTTYPES VINES .r Muster' savinomiller JANUARY 03, 2017 River Arts Complex L-2 i1 I I C P MGreen bergTrauri g Victoria Mendez, City Attorney City of Miami Office of the City Attorney Telephone: 305-416-1818 Facsimile: 305-416-1801 rsuarez-rivas@miarnigov.com VIA E-MAIL Submitted into the public record for item(s) PZ.3 on 11/16/2017. City Clerk September 25, 2017 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. Mend6z, The above matter will be heard by the City Commission on September 28, 2017. In anticipation of the hearing and in response to the notice of appeal of Appellant Biscayne Towing & Salvage, Inc. ("Biscayne Towing"), Tasal River Arts files the following response: OVERVIEW On April 7, 2017, a Warrant was approved with conditions by the City of Miami's Planning and Zoning Department for Tasal River Arts's proposed private yacht club and lounge and yacht sales/rentals (the "Project"), to be located at the property at 125, 127 and 131 N.W. South River Drive, Miami, Florida, 33128 (the "Property"). Warrant at 1 (attached and referred to as Exhibit A). In reaching this decision, the Planning Department made referrals to: Office of Zoning; Miami River Commission; Miami River Commission Urban Infill & Greenways Subcommittee; and NET—Little Havana. Proper notice, by certified mail, was provided to all abutting neighbors and registered neighborhood and homeowner associations in compliance with Section 7.1.2.5(c) of Miami 21. The Project "offers a water dependent facility, open to the public, offering public access by vessels to the waters of the state." Exhibit A at 2. The Warrant also approved an accessory Food Service Establishment with Outdoor Dining Areas within D3 (Marine Industrial) Transect Zone. Exhibit A at 1. The Planning Department found that 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. Exhibit A at 2. The Warrant also notes that this application did "not require a Future Land Use Map (FLUM) amendment as the proposed use includes yacht rental/sales and the Food Service Establishment is permitted within the Industrial designation." Exhibit A at 2. GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTL4V.COM 333 S.E. 2nd Avenue ■ Suite 4400 ■ Miami, FL 33131-3238 ■ Tel 305.579.0500 ■ Fax 305.579.0717 fl Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk The application "fulfills the intent of the Miami River Corridor Urban Infill Plan for the East Little Havana neighborhood," as "[flhis 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 and retail) as accessory only is also encouraged." Exhibit A at 2. Finally, the Planning Department stated in the Warrant that the "application proposes uses that are similar in nature to the previous uses on site" it also "add[s] an accessory water dependent. use which will further the economic viability of the Property and the surrounding area." Exhibit Aat3. On April 19, 2017, Biscayne Towing appealed the Warrant to the Planning, Zoning, and Appeals Board arguing that the "proposed food service establishment is contrary" to one objective and four policies of the Port of the Miami River Element of the City of Miami Comprehensive Plan. Biscayne Towing Notice of Appeal to Planning and Zoning Appeals Board (attached and referred to as Exhibit B). Specifically, Biscayne Towing argued that the "proposed food service establishment use is not an accessory use to the proposed yacht club and lounge with yacht sales and rentals." Exhibit B at 2. Biscayne Towing also argued the 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" and "is not 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." Exhibit B at 2. On May 17, 2017, the Planning, Zoning, and Appeals Board heard and denied Biscayne Towing's appeal of the Warrant. PZAB Resolution PZAB-R-17-033 (attached and referred to as Exhibit C). Specifically, the Planning, Zoning, and Appeals Board found: • the Project "does fulfill the intent of the Miami River Corridor Urban Infill Plan for the East Little Havana neighborhood; • the Project "does serve to meet the intent" of the Port of Miami River Element of the City of Miami Comprehensive Plan as the Project "emphasizes the economic x" development of the Miami River through job creation and employment opportunities" which "currently [is] not provided for the adjacent residential community and the access provided will serve to increase the economic viability of the existing waterfront industrial site"; • "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 FLUM as well as the Coastal Management Element of the [City of Miami Comprehensive Plan]"; and • "Department of Planning and Zoning staff found that [the Warrant] was consistent with the goals of the Miami 21 Code." ' Exhibit C at 2-3. GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW ■ W W W.GTLAW.COM fl fl 1 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk Biscayne Towing appealed the Planning, Zoning and Appeals Board resolution to the City Commission on May 30, 2017. TASAL RIVER ART'S APPLICATION COMPLIES WITH ALL REQUIREMENTS OF THE PORT OF THE MIAMI RIVER SUB -ELEMENT OF THE CITY OF MIAMI COMPREHENSIVE PLAN AND MIAMI 21 Biscayne Towing argues that Planning, Zoning and Appeal Board's "denial of the appeal would permit a food service establishment [which] is contrary to the following provisions of the Port of the Miami River Sub -Element of the City of Miami Comprehensive Plan." Exhibit C. This is the same argument that the Planning, Zoning and Appeals Board rejected, and should be rejected a second time. Contrary to Biscayne Towing's statements, the Project complies with all requirements of ' the Port of the Miami River Sub -Element of the City of Miami Comprehensive Plans. Specifically, Biscayne Towing identifies the following provisions: • Objective PA 3.1: "The City shall protect the Port of Miami River from encroachment by non water -dependent or non water -related land uses, shall regulate the Port of Miami River's expansion and redevelopment in coordination with applicable future land use and coastal management goals, objectives, policies • Policy PA 3.1.4: "The City shall encourage the establishment and maintenance of Working Waterfront uses along the banks of the Miami River, and to discourage encroachment by incompatible uses"; • Policy PA 3.1.5: "The City shall encourage the development and expansion of the Port of Miami River Working Waterfront consistent with the future land use, coastal management and conservation elements of the City's comprehensive plan'; • Policy PA 3.1.6: "The City shall encourage only those developments, rezoning and land use amendments... that are compatible and suitable with the existing `industrial' use of property." Notwithstanding Biscayne Towing's citation to the above objective and policies, essentially, its argument is that proposed food service establishment is not an accessory use. This argument fails under the relevant code and plan provisions. As recognized by the Planning and Zoning Department and the Planning, Zoning, and Appeals Board, the proposed food service establishment is an allowable use in the D3 Waterfront Industrial District Zone, and thus, an allowable/compatible use. Throughout this application, the ' I Pursuant to that Stipulated Settlement Agreement between the Miami River Marine Group, Inc., and the City of Miami pursuant to Division of Administrative Hearings Case No. 09-0169GM, the Port of the Miami River Sub - Element of the City of Miami Comprehensive Plan was amended to include the current language. Compliance with the Port of the Miami River Sub -Element of the City of Miami Comprehensive Plan is compliance with said ' Settlement Agreement. GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM I . �1 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk food service establishment has been identified as an accessory use, such that it is incidental and subordinate to the primary purposes—that is, a private yacht club and lounge and yacht sales/rentals, both of which purposes are water dependent and open to the public and offer public access by vessels to the waters of the state with a dock space for commercial fishing vessels to unload and sell their seafood. The Planning and Zoning Department's determination that the food service establishment is an accessory use is supported by the Miami River Corridor Urban Infill Plan, which states that an accessory restaurant (or retail) serves "to enliven the -on-road greenway" and "increase the economic viability of the existing waterfront industrial sites." Miami River Corridor Urban Infill Plan (attached and referred to as Exhibit D). The Planning, Zoning, and Appeals Board specifically noted that the Project "does serve to meet the intent" of the Port of Miami River Element of the City of Miami Comprehensive Plan as the Project "emphasizes the economic development of the Miami River through job creation and employment opportunities" which "currently [is] not provided for the adjacent residential community and the access provided will serve to increase the economic viability of the existing waterfront industrial site." Exhibit D. In addition, the Miami River Greenway Action Plan states as Goal Number 4, that the Miami River serves as a "destination landscape" which includes "diversify[ing] the land use and destinations found along the River to include more restaurants, retail shops and other River - related business uses." Planning, Zoning, and Appeals Board Transcript (attached and referred to as Exhibit E) at 33-34. The Project satisfies this goal. Moreover, it is indisputable that this Project "encourage[s] 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 [City of Miami Comprehensive Plan]," as the Project ' does not require rezoning, a comprehensive plan change or a FLUM amendment (Exhibit E at 30)—all of the proposed uses are permitted within the Industrial designation. The Planning and Zoning Department's Staff has conditioned approval on having water - dependent uses. During the Planning, Zoning, and Appeals Board hearing, counsel for Tasal Arts Project stated that they would protect the River and the working waterfront, as the Project is designed to co -exist with. the water. Exhibit E at 25. This Project also is conducive to Chapter 342, Florida Statutes, which creates the recreational and commercial working waterfront and "recognizes there is an important state interest in facilitating boating and other recreational access to the state's navigable water." § 342.07, Fla. Stat. (2017). The Project achieves the goals of ensuring that people have access to and use of navigable water. Exhibit E at 27. Section 342.07(s) also defines "recreational and commercial working waterfront" as "a parcel or ' parcels of real property which provide access for water -dependent commercial activities, ... or provide access for the public to the navigable waters of the state." § 342.07, Fla. Stat. (2017). The Project also satisfies "direct access to or a location on, over, or adjacent to a navigable body I of water"; is "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." Id. Relevant here, the state legislature has identified such establishments to include: docks, lifts, wet ' and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and other support structures over the water. Id L' ' GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW • WWW.GTLAW.COM Submitted into the public record for item(s) PZ.3 Warrant File No. 17-004 Appeal Timeline on 11116/2017, City Clerk tr«Total Time Elapsed April 7, 2017 Warrant File No. 17-004 Issued April 19, 2017 Appeal Filed 12 Days May 17, 2017 Planning, Zoning, and Appeals Board 40 Days denies Appeal May 30, 2017 Appeal Filed 53 Days June 28, 2017 Tucker Gibbs requests deferral of 82 Days item from Hearing Boards via email July 27, 2017 Tucker Gibbs requests deferral of 111 Days item at City Commission September 28, Item deferred at City Commission 174 Days 2017 October 12, Item deferred at City Commission 188 Days 2017 due to lack of quorum October 28, Hearing before the City Commission 204 Days 2017 Total Delay: 6 Months and 21 Days M MII Mi M M i M M M M Submitted into the public record for items) PZ.3 g on 11/16/2017 . City Clerk �l Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 125,129, AND 131 NW SOUTH RIVER DRIVE City Commission Meeting 10/12/17 WARRANT APPEAL EXHIBIT BOARDS SUBMITTAL 1. Lower Miami River Uses 2. Miami River Greenway Action Plan River Map 3. Miami River Greenway Action Plan Lower River 4. Miami Comprehensive Neighborhood Plan Port of Miami River Sub -Element 5. Florida Statute 342.07 6. Miami 21 Article 4, Table 3 Use Chart 7. Zoning Map of Subject Property 8. Site Plan 9. Elevations 10. Previous Uses at the Subject Property arni RiVerwalk Inc mtxeo inxo xne record for item(s)— on 11/16/2017 It -eel LL Wi Str C Gy, Marina. A Aj- Retail/Wholesale -i -IT N. MUSP approved -,t'aurqn044arii - I 4 L Ilk :I Miamiiver ms JL .401 Warehotis, LLC -7 7o - S0 uth River P w r1r, rehouse LLC Casa Bella Toy LLC Hotel r Ivy t ZJ, si ntialli r "lighl C"ler Resi EPIC IN clential & J—Wind HnTe1,{omrnFrtFttl Irl i cr Residential qzt—tT jP Manny Seafood Corp. . . . . . . . --- Aston Martin KLf Miiam4 Resicences River Wes One River Point int 4& • River Yacht Clu 4F Mint -` 1 -17" \,— i Residential iz, Miami River Miami River Holdings LLC SAP Brickview Latitude on the River 3114 LLC Residential/Commercial Brickell on the River Residential/Commercial - - Benzol r1 - Neo Vertika Properties Residentia(/Commercial The MIAMI RIVER GREENWAY ACTION PLAN 16 74 7-7 a=i},■+�ik YL! •�ryi r I r': I,y�+. y'f -� � +..'° � I '.�l -•. i'' '{�Y,i,���+,'Pl�,. � Y � ,��I li F k � 4�r:�.•_;�41' ' f i•1 '" , P i'' � i P M. • r �� F } I '.0 A I +r '. * ..' °'kms '7',11 ir 1600' 5 rP 1 _ i Qlt■ 7 -{ ' �5 . , � {FLT +1• +Y _- ;� '+ -icy_ •LA� .f' _ ,.. w kYw- �_ '� '- f , vA• '#�,,�.. �� moi. �p�.r,k N�- � + +kL �4 �{}-��'I�il�' ."'S "n I+ +r'i • Y4 �,�1 h ��!j I* i'r i ' ' �a#� �Il,,,yi��_. ��Y�'Y'• + <. � ,I"1 Lr Ttm ? 1,F 41 k LLyyFF 4r is __ i a+� .I' '+'."�, �'' 1 `` .. , #-*,•"#d°"LII'1, '•iKlt .alk JI �L�ri.` AJh ���Y i �I'..l Y" # �� I_ ' Y 9 •r'' � ,�L��i� I �. f kta z �� y,L`iP'�'A I�lI{°.�■ _* T- - a i %v T 0 EIl ; IF If rL •yY4, .,lye Ya`k� � � { , 16 so c i ♦ ��... � rY � r .. 97°x. : .y—•' I i' r -litr. 71 Sit ". MIAMI RIVER GREENWAY ACTION PLAN Submitted into the public 1 record for item(s) PZ.3 on 11/16/2017 , City Clerk 1 Port of Miami River' Sub -Element Goal PA -3: The Port of Miami River shall be encouraged to continue 1 operation as a valued and economically viable component of the City's maritime industrial base. Objective PA -3.1: (PLANNING AND ZONING). The City shall 1 protect the Port of Miami River from encroachment by non water - dependent or non water -related land uses, and shall regulate the 1 Port of Miami River's expansion and redevelopment in coordination with applicable future land use and coastal management goals, 1 objectives, policies (See Policy LU -1.3.3 and Goal CM -3). 1 Policy PA -3.1.1: The City shall maintain a Working Waterfront Table of Properties to guide future development within the Miami River Corridor. The Table shall clearly depict the location and description of 1 all properties of recreational and commercial working waterfront uses on the River, as defined in Ch. 342.07 F.S. (hereinafter referenced as the 1 "Working Waterfront"). The Table shall classify working waterfront properties into Categories "A" and `B". The Table shall be incorporated 1 as supporting data and analysis within Appendix PA -1. 1 The "Port of Miami River" is a shallow draft riverine port consisting of independent, privately -owned small shipping companies, fisheries, vessel repair facilities marinas and other Recreational and Commercial Working Waterfront uses, as defined in Ch. 342.07, F.S., located along the banks of the Miami River and its tributaries and canals where Working Waterfront uses are located. The Port of Miami River is not a deepwater port as defined in Ch. 403.021(9), F.S. The Port of Miami River extends from the salinity dam in unincorporated Miami -Dade County to Biscayne Bay in the City of Miami, as identified in Appendix PA -1. Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk The 2016 Florida Statutes Title XXVI Chapter 3A7 View Entire PUBLIC WATERWAY AND WATERFRONT Chapter ' TRANSPORTATION IMPROVEMENT ' 342.07 Recreational and commercial working waterfronts; legislative findings; definitions.— (1) The Legislature recognizes that there is an important state interest in facilitating boating and other recreational access to the state's navigable ' waters. This access is vital to tourists and recreational users and the marine industry in the state, to maintaining or enhancing the $57 billion economic impact of tourism and the $14 billion economic impact of boating in the state ' annually, and to ensuring continued access to all residents and visitors to the navigable waters of the state. The Legislature recognizes that there is an important state interest in maintaining viable water -dependent support facilities, such as public lodging establishments and boat hauling and repairing and commercial fishing facilities, and in maintaining the availability of public access to the navigable waters of the state. The Legislature further recognizes that the waterways of the state are important for engaging in commerce and the transportation of goods and people upon such waterways and that such commerce and transportation is not feasible unless there is access to and from the navigable waters of the state through recreational and commercial working waterfronts. (2) As used in this section, 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 1 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 term includes 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. These facilities include public lodging establishments, docks, wharfs, lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and other support structures over the water. As used in this section, the term "vessel" has the same meaning as in s. 327.02. Seaports are excluded from the definition. 0 auumittea Into the Public record for item(s) PZ.3 w MIAMI 21 on 11/16/2017 City Clerk ARTICLE 4. TABLE 3 BUILDING FUNCTION: USES AS ADOPTED - MAY 2016 OENBlTY lis PER ACRE] LODGING BED a BREAKFAST m HOTEL OFFICE OFFICE CNIC COMLIUNITY FACWTY RECREATIONAL FACILITY REIJGIOUS FACKM REGIONAL ACTMTY COMPLEX URBAN GENERAL R LC ®QQ mmm 000 000 QQQ 000 www ©QQ www ®ww �QQ www www w©© www www www IQQQ www OMUETMAL AUT041ELATED IMUSTRIAL ESTBL M A FACTURING AND PROCESSING MIARINE RELATED IADUSTRIAL ESTBL PRODUCTS AND SERVICES STORAGE/ DISTRwnON FACLrtY R Alowed By F%M WAbwsd By VM.- t Adu&Mmbo Raw - CRC (CoodnOd Renew OmEfte) E Alowed By E>Maplow Puble LMmitp -Ruud by PZAB V%W ttp Zm tp:Appoals Board) Banes WIh no I ig I m so* Ihte ptt>feWW. T5 TO C URBAN CENTER URBAN CORE CIVIC D DISTRICTS ? 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Escarra Tel(305)579-0737 Fax(305)961-5737 escarrai@gtlaw.com Re: Yachtlife Lounge and Restaurant 1125, 129, and 131 NW' South River Drive, Miami, Florida / River Arts Complex Dear Mr. Bibeau: We represent, Tasal, LLC, (the "Applicant") owner of the properties located at approximately 125, 129, and 131 NW South River Drive, Miami, Florida (the "Property") located along the Miami River. The Property currently consists of four (4) existing structures which will be adaptively reused as part of the planned improvements at the Property. The Property will be developed as a Yachtlife Lounge, a private yacht club and rental/sales location with an accessory restaurant. The Owner is seeking Warrants for a Food Service Establishment and Outdoor Dining at the Property, as depicted in the Site Plan prepared by Berenblum Busch Architecture, Inc., and dated September 2, 2016. Under Miami 21, the Property is currently zoned D3 and has a land use designation of Industrial. The property is located in a High Probability Archaeological Conservation Area requiring a Certificate of Appropriateness to be obtained with the City prior to any ground disturbing activity. This letter serves to inform the Miami River Commission ("MRC") of the Owner's application to the City of Miami for Warrants to establish a Food Service Establishment within a D3 Transect Zone, with Outdoor Dining. Proposed Uses The Applicant is proposing a private yacht club with yacht sales/rentals at the Property. The proposed restaurant will be an accessory use to the private yacht club. The Applicant has partnered with Yachtlife to bring the Yachtlife Lounge to the Property. Yachtlife simplifies yacht rental by providing a smartphone application from which one MIA 185459355v2 GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW u WWW.GTLAW.COM 333 S.E. 2nd Avenue 0 Suite 4400 • Miami, FL 33131-3238 ■ Tel 305.579.0500 ■ Fax 305.579.0717 Submitted into the public record for item(s) PZ.3 January 23, 2017 on 1/16/2017 , City Clerk Page 2 can reserve any of its associated yachts. Yachtlife members will be able to utilize the Yachtlife Lounge prior to embarking on their journey, or at any other time. The inclusion of an accessory, onsite restaurant furthers the goals of the Miami River Commission by providing river access to the public, while maintaining a water dependent use. In tying the restaurant to the Miami River, the restaurant will have an emphasis on local seafood. The Yachtlife Lounge will occupy the existing structure located at 131 NW South River Drive, which provides a buffer between the current uses located northwest of the Property and the proposed outdoor dining accessory use further south on the Property. The Property previously had active Certificates of Use for Boat/Pleasure Craft sales, as noted in the CU History for the Property, attached as Exhibit A. The previous uses at the Property are in line with the proposed private yacht club/yacht sales and rental use. As noted in the Miami River Corridor Urban Infill Plan's vision for East Little Havana, while the Industrial Use is appropriate and desirable, an expansion of allowable uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintaining the requirement for a primary water -dependent use, would serve to enliven the on -road greenway planned for this portion of South River Drive as well as increase the economic viability of the existing waterfront industrial sites. The proposed private yacht club and yacht sales/rental is the primary water -dependent use, with the outdoor dining restaurant being an accessory use which will increase the economic viability of the existing waterfront industrial site. The Property is not currently being utilized for any use, water -dependent or otherwise. The proposed uses will return the water -dependent uses to the Property, while also adding an accessory use which will further the economic viability of the Property and the surrounding area. Additionally, we are proposing that the restaurant reserve one slip for commercial fisherman to unload fresh fish for consumption in the onsite restaurant. The onsite boat slips will provide access to and from the restaurant by boat on the Miami River. The Miami River Commission places an emphasis on access to the Miami River. To the west of the Property is a residential community which is not currently provided access to the Miami River. These restrictions on river access will be alleviated through the proposed redevelopment of the Property, as the public waterfront walkways and riverwalk provide residents with an accessible and nearby access point to the river. Furthermore, the Miami Comprehensive Neighborhood Plan's Port of Miami River Sub -Element emphasizes the economic development of the Miami River through job creation and employment opportunities. The proposed uses will transform the currently unoccupied Property into a vibrant job center, as the private yacht club, yacht sales/rentals, and restaurant with outdoor dining will create numerous employment opportunities. In furtherance of the proposed uses, the Applicant has engaged Coastal Systems International for the processing of the Class I and Marine Operating Permits in order to allow the mooring of vessels at the Property. The proposed uses and development fit the Lower River design development regulations of both the Miami River Greenway Action Plan and the Miami River Greenway Regulatory Design Standards. In addition, parking will be offsite, just 350 feet from the Property, as depicted in the parking diagram, attached as Exhibit B. MIA 18545935542 GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM Submitted into the public record for item(s) PZ.3 January 23, 2017 on 11/16/2017 City Clerk Page 3 Additionally, the proposed development has been revised to provide a twenty foot (20') waterfront walkway when possible along the waterfront. There is no public riverwalk today, and the proposed riverwalk will cure this issue. The outdoor dining previously located within the twenty foot (20') setback has been removed, allowing further circulation for the r public to enjoy the Riverwalk. This area will be paved, and extends the length of the property's water frontage, except where the existing structures are to remain. In order to make the portion of the property along NW South River Drive more pedestrian friendly, and to further the connectivity of the future Riverwalk, the first layer will be paved in order to increase the sidewalk width by five feet (5'). This will provide a pedestrian walkway along NW South River Drive with a minimum width of thirteen feet (13') at its more narrow point and up to twenty feet (20) for the majority of the property's street frontage. The Applicant recognizes that the Miami River is a working river, and the Miami River Commission's commitment to maintain water dependent uses. As such, the Yachtlife Lounge will reintroduce a water dependent use at the Property as the primary use. As a buffer between dissimilar uses, a wall and landscape buffer are proposed along the northern boundary of the Property. This will create a physical barrier between the public access waterfront walkway and the use to the north, as well as create a sound attenuation buffer. Miami River Greenway Action Plan The proposed improvements are.in compliance with the stated recommendations and goals of the Miami River Greenway Action Plan (the "MRGAP"). Pursuant to the MGRAP, the Property is primarily located in the Lower River section of the Miami River, an area "best characterized by dense urban development comprised of high-rise residential and commercial" land uses. The proposed adaptive reuse of the Property includes activation of the riverfront with outdoor dining and a mooring zone. The MGRAP Lower River Recommendations plan states "[t]he key Greenway design development recommendations for the lower river section are to complete the Miami Riverwalk on both sides of the river." The Property is disconnected from the Miami Riverwalk, with the furthest extension of the Riverwalk ending at Jose Marti Park, nearly a half mile from the Property. The planned improvements at the Property include a riverwalk twenty feet (20') in width for the majority of the length of the Property, which will provide an access point to patrons and the public to the Miami River, fulfilling the goals of the MRGAP. A pinch point is created by the existing structures at the Property; however, the structure is being modified to increase the walkway in the pinch point from four foot seven inches (47") to eleven feet one inch (1Fl"). Additionally, a ten foot (10') public access waterfront walkway is proposed at the north of the Property, permitting access for the public to the waterfront and the riverwalk. At the south of the Property, a public access waterfront walkway is proposed, with a width of five foot four inches (5'4"), between the existing structure and the property line. MIA 185459355w1 GREENBERG TRAURIG, P.A. 0 ATTORNEYS AT LAW go WWW.GTLAW.COM 1 1 1 1 IJ January 23, 2017 Page 4 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk As depicted. in the image below from the MRGAP's Illustrative Concept Plan, the proposed public access waterfront walkway and riverwalk at the Property comply with the MGRAP's goal of creating a fluid and accessible riverwalk as envisioned by community stakeholders. Where a riverside location for the pedestrian path is not possible due to existing water dependent businesses, the riverwalk should be linked to the sidewalks and bicycle facilities. The public access waterfront links the expanded pedestrian realm sidewalk area with the riverwalk provided at the Property. The MRGAP seeks to create a viable Miami River. The proposed improvements at the Property meet the stated goals and objectives of the MRGAP. The following describes just a few of the MRGAP goals complied by the proposed improvements at the Property: • Goal 1: Improves Access to the River. o The proposed public access waterfront walkway and riverwalk at the Property will remove the access restrictions that currently exist at the site to the Miami River by creating connectivity to the surrounding areas along the waterfront. Access will be provided at both the north and south ends of the Property, as depicted in the Site Plan. o The proposed public access waterfront walkway and riverwalk will provide landscaping creating an inviting access point for the public to engage with the Miami River. Appropriate buffers have been provided between dissimilar uses. MIA 185459355x2 GREENBERG TRAURIG, P.A. a ATTORNEYS AT LAW ■ WWW.GTLAW.COM Submitted into the public record for item(s) PZ.3 January 23, 2017 on 11/16/2017 City Clerk Page 5 o The water -dependent private yacht club and yacht sales/rentals uses are complimented by the proposed adaptive reuse of the Property as a waterfront Food Service Establishment and Outdoor Dining that further enhances the public's access and enjoyment of the Miami River as the �i riverfront will be activated. • Goal 4: Serve as a Destination Landscape -for Metro Miami o The proposed nverfront, outdoor during at the Property creates an attractive destination for both residents and visitors to the City of Miami. The proposed development will include restaurant uses that will attract visitors and residents to the Miami River. The public access waterfront walkway and riverwalk will provide an access point to the Miami River as well. o The site plan proposes an expanded twenty foot (20') sidewalk at its widest point, with shade trees situated on the street to provide a welcoming environment. The proposed public access waterfront walkways lead to the riverwalk, where the public can enjoy the proposed water -dependent businesses. 1 o The proposed boat and watercraft tie-up facilities along the Miami River provide for a destination restaurant as the Property will be accessible by both land and sea. The water -dependent uses, the private yacht club and the yacht sales/rentals, are complimented by the accessory restaurant use. • Goal 5: Encourage a Compatible Land Use vision for the River o The proposed accessory restaurant use at the Property provides an appropriate compliment to the water -dependent uses as this area has become a destination for dining and entertainment. The recent development of nearby restaurants, each with boat access has brought resurgence to the area, which the proposed development of the Property will further. o The proposed pedestrian sidewalk and riverwalk create alternative access for pedestrians to the Property and surrounding areas. City of Miami Waterfront Standards The proposed development complies with the City's waterfront standards as required by the City's regulations. The proposed adaptive reuse of the Property will revitalize the Property while maintaining the existing structures. MIA 185459355✓1 GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW • WWW.GTLAW.COM January 23, 2017 Page 6 Submitted into the public record for item(s) PZ.3 _ on _ 11/16/2017 City Clerk We look forward to working with the Miami River Commission on this exciting project. Should you have any questions, please feel free to contact the undersigned. Sincer ; i Iris V. Escarra Enclosure MIA 185459355x2 GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW • WWW.GTLAW.COM Address No. From: 126 Street Name: SOUTH 4AN4Y'S MARINE SERVICE Closed 900763 3IG GAME OFFSHORE BAIT R Closed 053659 -LJRE Sage 1 of 1 City of Miami Previous Business Usage Address No. To: 126 Sheet Type: DR 1990-05-22 1996-01-03 CLA03 <* wal Co+nmarcal 2005.12-15 2008-06-18 CL003 -General CorwwcW Street Quad: NW Suite: 77+446dvwV manufaclixe Inactive 576 -Boat 1 pleasure craft sales Inactive 9/16/2016 12.12:33 PFA Submitted into the public record for items) PZ.3 on 11/16/2017 City Clerk .■ Address No. From: 129 Street Name: SOUTH City of Miami Previous Business Usage Address No. To: 129 Street Type: DR Submitted into the public record for item(s) P ZZ3 on 11/16/2017 City Clerk Street Quad: NW Suite: &M SEAFOOD DISTRIBUTORS Closed IN D GROUP LLC Closed 064592 TRANSATLANM EXPRESS Closed 110468 COURIER Pap 1 of 1 1997.01-29 CU03 -General Commeroal 714 -Canning ( presermno of fish / Inactive seafood 2006.11-20 2003-06.18 CU05 -Industrial- Ift-Wachrng & 758-Prmting /oubhshkV ailed Inactive Processing industry 2011-02.13 2012-07-13 CU06 -General Commercial - Office 591 -General business office Inactive 9/1612016 12 20'24 Plul Address No. From: 131 Street Name: SOUTH ASK Construction, LLC 1nActivt INTERNAT1oNAl YACHT GROUP awd LLC Page 1 of 1 City of Miami Previous Business Usage Address No. To: 131 Street Type: OR 201"9-02 101429 2010-06-05 2010-07.16 CU03 -General Commercial Submitted into the public record for item(s)__E7 L.3 on 11/16/2017 , City Clerk Street Quad: NW Suite: Inactive 576 -Boat / pleawre waft sales 1600 SQ Ft Inactive 9116/2016 12 21 14 PIA . Submitted into the public record for items) P�— PARKING —.RIVER ARTS COMPLEX on --i—IL-1-6-L2-0-1-7--,City Clerk Outlined in red below is the River Arts Complex property owned by TASAL, LLC. TASAL, LLC is engaged in conversation with Miami Building, LLC (owner of 26 NW South River Dr.), outlined in yellow, to lease the lot for parking purposes. The subject sites are located within the minimum threshold distance required by code and meet the parking counts required. This lot will be used exclusively for valet parking for the River Arts Complex. -W" 4 it Submitted into the public record for item(s)PZ.3 }r on _1111612017 City Clerk i Timeline and Findings for Miami River Commission Re: 125,129, and 131 NW South River Drive • September 14, 2016 — Urban Infill and Greenways Subcommittee Iwo o Initial presentation of the proposed project o The Subcommittee asked the applicant to improve the buffering treatments between the proposed use at the property and the dissimilar use to the north o Marine Operating Permit will be obtained for the property so that a marine industrial primary use can be included o Proposed project included a 10' unobstructed path on the north side connecting to a 6' wide unobstructed riverwalk with a narrower pinch point ■ Subcommittee asked the applicant to pursue widening the public riverwalk ■ Subcommittee asked the applicant to try to eliminate the public riverwalk deadend at the south portion of the property o Item deferred to the October Subcommittee meeting in order to incorporate the Subcommittee comments 1 • October 21, 2016 — Urban Infill and Greenways Subcommittee o Item deferred to November Subcommittee meeting • November 21, 2016 -Urban Infill and Greenways Subcommittee o Updated plans submitted to the Subcommittee addressing concerns raised at 1 previous meeting o Riverwalk widened to 20', except for a pinch point of 47" o Riverwalk dead end removed at south border of property by inclusion of a 5'4" public access waterfront walkway o A landscape buffer was included between the property and the dissimilar use to J the north, Subcommittee recommended an ivy covered wall o At the hearing, applicant agreed to include "Public" on the plans when referencing the riverwalk and to insert the City's required public Miami River Greenway wayfinding signage o Applicant stated that the marine industrial primary use would be maintained by including a commercial fisherman boat slip to provide the restaurant with fresh Li fish and the property will include a private boating club with yacht sales and rentals Li• December 19, 2016 - Urban Infill and Greenways Subcommittee o Derrick Cook, City of Miami, Planning Department, stated the City Zoning Code requires a marine industrial / water dependent use on riverfront sites zoned the more restrictive D3 Marine Industrial category with "Port Miami River" designation in the City's Comprehensive Plan, but there are no specific criteria to determine "primary use" versus "secondary / accessory" use. L, o Applicant will present the project to the full Miami River Commission on January 9, 2017 MIA 1857987850 Submitted into the public record for item(s) PZ3 on 11/16/2017 , City Clerk 125,129, and 131 NW South River Drive MRC Timeline and Findings • January 2, 2017 - Urban Infill and Greenways Subco-nmittee o Subcommittee issued a memorandum recommending approval of the project o "Therefore we suggest the MRC recommend approval of the updated warrant proposal with a condition that the site demonstrates continued marine use and public Riverwalk per approved plans and letter of intent" • January 9, 2017 — Miami River Commission o Applicant introduced Yachtlife as the onsite partner for yacht sales, rentals, and private yacht club o The water dependent primary use will be "Yachtlife" charters and sales, and a designated slip for a commercial fishing vessel will bring fresh seafood catches which will be kept live in tanks, and then visitors may pick out their seafood and purchase it to take home, or have it cooked and eaten at the restaurant o Copies of the property's certificate of use history shows that the site does not have a strong marine industrial past and has been vacant for many years o Miami River Commission members requested that the existing building be modified to permit a larger, unobstructed riverwalk o The Miami River Commission adopted a resolution to defer the project to a special Miami River Commission meeting on January 23, 2017 • January 17, 2017 - Urban Infill and Greenways Subco��imittee o Applicant, at the recommendation of the Miami River Commission, has modified the existing structure as much as structurally possible in order to provide a larger unobstructed riverwalk, expanding the pinch point from 47" to 11'1", with the remainder of the riverwalk at 20' o Applicant, at the recommendation of the Subcommittee, has provided an 6' tall buffer wall with landscaping between the property and the dissimilar use to the north o Subcommittee reaffirmed its recommendation of approval for the project • January 23, 2017 — Miami River Commission o Applicant introduced the revised site plan featuring the expanded riverwalk and buffer wall to the Miami River Commission o The MRC has always recommended against filling and losing boat slips, but this site doesn't have any legal or physical slips on it today, and proposes to create slips for Yachtlife and a commercial fishing vessel, therefore the fundamental marine use is being created and maintained by the subject proposal o MRC Urban Infill subcommittee Chairman Murley reaffirmed the January 2, 2017 memo from MRC Greenways Subcommittee Chairman Martin and himself which concludes: ■ `Therefore we suggest the MRC recommend approval of the updated warrant proposal with a condition that the site demonstrates continued marine use and public Riverwalk per approved plans and letter of intent." o Ms Sandy O'Neil made a motion for the MRC to adopt the MRC Urban Infill Subcommittee Chairman Jim Murley and MRC Greenways Subcommittee LI L Submitted into the public record for item(s) P ZZ.3 on 11/16/2017 , City Clerk 125, 129, and 131 NW South River Drive MRC Timeline and Findings Chairman Ernie Martin's suggestion for the MRC to recommend approval of the updated Yachtlife warrant proposal with the following conditions: ■ 1) site demonstrates continued marine use ■ 2) site demonstrates public Riverwalk per approved plans and letter of intent ■ 3) conduct seawall inspection and improvements if needed • The motion failed by a vote of 6-5. o MRC Chairman Aguirre asked if anyone wanted to make another motion for consideration, and no other motions were made LI L Submitted into the public record for item(s) PZ -3 on 11/16/2017 City Clerk Miami River Commission's Urban Infill Subcommittee September 14, 2016 Minutes The Miami River Commission's (MRC) Urban Infill subcommittee conducted a public meeting on September 14, 2016, 2:00 PM, 1407 NW 7 Street. The attendance sign in sheet is enclosed. MRC Urban Infill Subcommittee Chairman Jim Murley conducted the meeting. n Consider Proposed Land Use and Zoning Amendment for the Upland Portion of 1583 NW 24 Ave from Port Miami River to Medium Density Commercial Restricted and from D3 to T5 -R The proposer asked for a deferral to the MRC subcommittee's October public meeting. II) Consider Proposed Warrant to Allow a Restaurant in D3 Zoning Located at 125,129 and 131 NW South River Drive Iris Escarra, Greenberg Traurig, Renate Paris and Gustavo Berenblum, Berenblum, Busch ' Architecture, provided copies of presented "River Arts Complex". Ms. Escarra stated the site is zoned D3 and Land Use is Port Miami River, therefore the Marine Operating Permit will be retained to maintain the water dependent primary use, and they are seeking a Warrant to allow a restaurant, featuring a public Riverwalk, as a secondary use. Ms. Escarra stated there is no on- site parking as all parking will be valet. Cory Offutt, owner of boatyard and Tow Boat U.S. operator immediately north of the subject site, (151 NW South River Drive) and Tom Robertson, Bercow, Radel and Fernandez, stated opposition to the proposed restaurant and concern that it would regulate the boatyard out of business. Mr. Offutt stated his marine industrial boatyard, located in D3 zoning, and Port Miami River Land Use, operates 24 hours a day, seven days a week, and generates industrial conditions of cranes, noise, lights, etc., which are incompatible with the proposed adjacent restaurant use, and the two uses can't co -exist in harmony. Mr. Offutt stated his boatyard employees 15 people with an average annual income of $50,000, and provides 2,000 tows per year from this site, which is their only location. Mr. Offutt stated they have a contract with Miami -Dade County to remove derelict vessels, which are towed to the boatyard, broken into pieces and placed into dumpsters. Ms. Escarra stated the developer would record the "Working River Covenant" acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations as permitted. Ms. Escarra noted the buffering area between the 2 uses, and agreed to improve the buffering treatments. The City of Miami's Miami 21 Zoning Code Section 3.11, "b Waterfront Walkways Design W Standards 1. Waterfront Walkways shall be designed and constructed within the waterfront standards in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum shall remain open to the public between L" PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 Miami River Commission's Urban Infill and Greenways Subcommittees on 11/16/2017 , City Clerk September 14, 2016 Page 2 6 AM and 10 PM. Waterfront Walkways are not required within Transect Zones T3, T4 -R, D1, D2 and D3 unless the site is a new Commercial retail, Office or restaurant use." Ms. Escarra stated the site uses the existing buildings, and features a public Riverwalk which has a 10 foot unobstructed pathway along the north side -yard connecting the existing public on -road Miami River Greenway along South River Drive to a 6 foot wide unobstructed Riverwalk along the entire riverfront side, with one narrower pinch point. Ms. Escarra and Mr. Berenblum stated they would try to make the public Riverwalk slightly wider, considering the narrow site and existing structures will remain. Currently the public Riverwalk has a dead end into the southern side -yard, into a vacant riverfront property owned by AT&T (101 NW South River Drive) which has a small utility box. Ms. Escarra and Mr Berenblum stated they would try to eliminate this public Riverwalk dead end, by creating a (2"d) side -yard connector between the existing on -road Miami River Greenway on South River Drive to the new proposed Riverwalk either on the AT&T site or on their private narrow southern side -yard (where plans currently indicate "service access"). The MRC's adopted strategic plan, the "Miami River Corridor Urban Infill Plan" states on page 25, within the section regarding the riverfront within East Little Havana, "While predominately a residential neighborhood, East Little Havana's waterfront is predominately industrial in nature. i Anchored on the east by Jose Marti Park, with a small area zoned restricted commercial, the majority of the East Little Havana waterfront is zoned for waterfront industrial use. While this use is appropriate and desirable, an expansion of allowable uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintain the requirement for a primary water -dependent use would serve to enliven the on -road Greenway planned for this portion of i' South River Drive (exists today) as well as increase the economic viability of the existing t waterfront industrial sites." The presenters deferred the item to the MRC subcommittee's October public meeting, where they will present improved revised 2"d draft plans featuring the aforementioned revisions of widening the public Riverwalk and improving the buffer adjacent to the boatyard. III) Consider Status of City Issued RFP for 444 SW 2 Ave This item was deferred by the City of Miami and RFP bidder to the October MRC Subcommittee meeting. M Consider Proposed EAR Based Amendments to the Comp Plan Director Bibeau provided a copy of the City of Miami's draft EAR based amendments to the City of Miami's adopted Comprehensive Master Plan. Consistently throughout the Comp Plan the word "shall" is being replaced with "will" which is the main amendment to the Port Miami River sub -element. MRC Urban Infill Subcommittee Chairman Murley suggested the MRC recommend approval of the City of Miami's proposed EAR Based amendments to the Camp Plan. PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 Miami River Commission's Urban Infill and Greenways Subcommittees on 11/16/2017 , City Clerk September 14, 2016 Page 3 V) Consider Proposed Amendments to the Zoning Code Regarding Crew Quarters in DI and D3 Zoning Prior to the meeting Joseph Eisenberg, City of Miami Planning Department, provided the distributed draft amendment to the City of Miami's Miami 21 Zoning Code, inserting a definition for Crew Quarters which would be allowed by Warrant (subject to appeal) in D1, D2 and D3 Zoning. Mr. Eisenberg had told Director Bibeau that residential and hotels are still not allowed, and "crew quarters" would be something less than a hotel room or residential unit. Mr. Eisenberg had indicated the definition has been temporarily in effect for last 2 years by administrative action which is expiring, and the City of Miami Planning Department is now proposing this amendment to the Zoning Code to make it permanent. Mr. Eisenberg had informed Mr. Bibeau that over the past 2 years no applications for Crew quarters have been submitted to the City of Miami for consideration, and none are currently pending. Attendees noted in addition to "Crew Quarters" the draft legislation also allows for passengers of vessels being service or moored at Marinas or Marine Related Industrial Establishments. MRC Urban Infill subcommittee Chairman Murley suggested the full MRC recommend approval of the draft amendment to the Zoning code with one condition, deleting all references to "and / or passengers" which would leave the short term on site accommodations available to vessel crews by Warrant. VI) New Business — Study Future Transportation Agenda Item The MRC's Urban Infill Working Group agreed to schedule a 1 agenda item meeting regarding Brickell Bridge with all stakeholders after FDOT's study in September is complete. In addition the MRC's Urban Infill Working Group agreed to schedule a subsequent meeting regarding Transportation within the Miami River District. Chairman Murley stated the Nature Conservancy was awarded a Knight Foundation Grant to create and improve public greenspaces along Wagner Creek, after the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project. The meeting adjourned. PUBLIC DOCUMENT I Miami River Commission's Urban Infill and Greenways Subcommittees September 14, 2016 Page 4 Submitted into the public record for item(s) PZ.3 on 11/16/2017 . City Clerk Miami River Commission's in Urban Infill and Greenways Subcommittee Public Meeting Am Wednesday, September 14, 2016 2 PM 1407 NW 7 ST Miami. FL NAME ORGANIZATION PHONE / FAX J E-MAIL ,0 luvo D� �?��c,�C�� r3e cin w; ►�-��� (F �-� ��tt__ - Co z�(P R er,a}e PoRS tt3t`5-371 �eRR���w• tom, ��� �t2r�.-�+� 30 5 2po S2S t ostia. # �i,;�cc 3os zoo �f/�1n I.K YM i„v �+S/�+ Pl ilan� �'C. J�✓�•+.'. } fep•r �S}�1 Obl � AlAe, LOW, 4CVt, Ad/t►" IN+=C�f�%�rL�KE, t 4� ��a ios �).Y •`1C`�G t tf �� �� u �ia,.►, l�vv CB,►�M;1S,cvt �So. �i� /5r, f ,/��Zv `� PUBLIC DOCUMENT u D C� Submitted into the public record for items) P ZZ.3 on 11/16/2017 , City Clerk Miami River Commission's Urban Infill and Greenways Subcommittees October 21, 2016 Minutes The Miami River Commission's (MRC) Urban Infill and Greenways subcommittees conducted a public meeting on October 21, 2016, 3:00 PM, 1407 NW 7 Street. The attendance sign in sheet is enclosed. MRC Urban Infill Subcommittee Chairman Jim Murley and MRC Greenways subcommittee Chairman Martin conducted the public meeting. 1) Consider Proposed Warrant to Allow a Restaurant in D3 Zoning Located at 125,129 and 131 NW South River Drive Applicant requested a deferral to the subsequent MRC Urban Infill and Greenways subcommittee public meeting (November 21, 2 PM, 1407 NW 7 ST). II) Consider Revised Public Riverwalk Plans at 40 NW North River Drive Applicant requested a deferral to the subsequent MRC Urban Infill and Greenways subcommittee public meeting (November 21, 2 PM, 1407 NW 7 ST). III) Consider Status of City Issued RFP for 444 SW 2 Ave i Applicant and City of Miami requested a deferral to a future MRC Urban Infill and Greenways subcommittee public meeting. V) New Business Mark Bailey, Miami River Marine Group, and Phil Everingham, the Marine Council's designee on the MRC, stated the Miami River Marine Group and Marine Council are recommending approval of the City of Miami's proposed amendment to the zoning code to allow Crew Quarters with the MRC's 3 recommended conditions as established during the MRC's October 3 public meeting, plus an additional 2 conditions which they are asking the MRC to adopt as well. The MRC's October 3 public meeting minutes state: "III. Consider Proposed Amendments to the Zoning Code Regarding Crew Quarters in D1 and D3 Zoning The MRC's Urban Infill subcommittee's September 14, 2016 public meeting minutes were distributed stating: "Prior to the meeting Joseph Eisenberg, City of Miami Planning Department, provided the distributed draft amendment to the City of Miami's Miami 21 Zoning Code, inserting a definition for Crew Quarters which would be allowed by Warrant (subject to appeal) in D1, D2 and D3 Zoning. Mr. Eisenberg had told Director Bibeau that residential and hotels are still not allowed, and "crew quarters" would be something less than a hotel room or residential unit. Mr. Eisenberg had indicated the definition has been temporarily in effect for last 2 years by PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 Miami River Commission's Urban Infill and Greenways Subcommittees on 11/16/2017 .City Clerk October 21, 2016 Page 2 Administrative action which is expiring, and the City of Miami Planning Department is now proposing this amendment to the Zoning Code to make it permanent. Mr. Eisenberg had informed Mr. Bibeau that over the past 2 years no applications for Crew quarters have been submitted to the City of Miami for consideration, and none are currently pending. Attendees noted in addition to "Crew Quarters" the draft legislation also allows for passengers of vessels being service or moored at Marinas or Marine Related Industrial Establishments. MRC Urban Infill subcommittee Chairman Murley suggested the full MRC recommend approval of the draft amendment to the Zoning code with one condition, deleting all references to "and / or passengers" which would leave the short term on site accommodations available to vessel crews by Warrant." Ms. Sallye Jude suggested size limitations be included for the proposed crew quarters. The MRC adopted a resolution (11-2) recommending approval of the draft amendment to the Zoning code subject to the following conditions: 1) Deleting all references to "and / or passengers" which would leave the short term on site accommodations available to vessel crews by Warrant." 2) Requiring the warrant is presented to the MRC to create an advisory recommendation for the City administration's consideration, prior to the City Administration issuing a decision on the Warrant application 3) Do not allow crew quarters to become separate folio /parcel" Mr Bailey and Mr Everinham stated the Marine Council and Miami River Marine Group's 2 additional conditions which they are asking the MRC to add to their original aforementioned 3 conditions are: • Insert'a maximum density not to exceed 1 crew quarter per permitted boat slip in the Marine Operating Permit (MOP) • Insert City Planning Director Garcia's suggested word "dormitory" into the definition of crew quarters MRC Urban Infill Working Group Chairman Murley suggested the MRC include the 2 additional recommended conditions: Insert a maximum density not to exceed the Marine Operating Permit (MOP) Insert City Planning Director Garcia', definition of crew quarters 1 crew quarter per permitted boat slip in suggested word "dormitory" into the Director Bibeau thanked the City of Miami for applying for a Federal / FDOT grant to construct a section of the public Riverwalk, and thanked FDOT for awarding the City $1 million. Attendees recommended the City of Miami continue to apply for grants to fund the completion of the 65% complete public Riverwalk, of which 6.5 of 10 miles have been constructed to date. The meeting adjourned. PUBLIC DOCUMENT Miami River Commission's Urban Infill and Greenways Subcommittees October 21, 2016 40 Page 3 II i Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk Miami River Commission's Urban Infill and Greenways Subcommittees Friday, October 21. 2016 3:00 PM 1407 NW 7 ST Miami, FL lA i ! Y CF -114 E 4- * I 2 , c J -nom{ # C I 7`5S-!!�, PHONE / FAX / E-MAIL ov . co r� �v? -3lxp -Ny 0�� e��s � El/�fi•��c�c �'c� �_ 4A�01�)ZI" - /41-s 14 o t:- 0.1 ylFIL 5� 1.tEt{��c�( N11rz '���Nr C�a .vc_�F 3C%S `�sf "Jo`t� �( m�dF ticrr-Ao.1 V Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk Miami River Commission's Urban Infill and Greenways Subcommittees November 21, 2016 Minutes The Miami River Commission's (MRC) Urban Infill and Greenways subcommittees conducted a public meeting on November 21, 2016, 2:00 PM, 1407 NW 7 Street. The attendance sign in sheet is enclosed. MRC Urban Infill Subcommittee Chairman Jim Murley and MRC Greenways subcommittee Chairman Martin conducted the public meeting. 1) Consider Proposed Land Use and Zoning Amendment for the Upland Portion of 1583 NW 24 Ave from Port Miami River to Medium Density Commercial Restricted and from D3 to T5 -R Applicant requested a deferral to the subsequent MRC Urban Infill and Greenways subcommittee public meeting (November 21, 2 PM, 1407 NW 7 ST). II) Consider Proposed Warrant to Allow a Restaurant in D3 Zoning Located at 125,129 and 131 NW South River Drive The MRC Urban Infill and Greenways subcommittee's September 14 public meeting minutes state in part: "Iris Escarra, Greenberg Traurig, Renate Paris and Gustavo Berenblum, Berenblum, Busch Architecture, provided copies of presented "River Arts Complex". Ms. Escarra stated the site is zoned D3 and Land Use is Port Miami River, therefore the Marine Operating Permit will be retained to maintain the water dependent primary use, and they are seeking a Warrant to allow a restaurant, featuring a public Riverwalk, as a secondary use. Ms. Escarra stated there is no on- site parking as all parking will be valet. Cory Offutt, owner of boatyard and Tow Boat U.S. operator immediately north of the subject site, (151 NW South River Drive) and Tom Robertson, Bercow, Radel and Fernandez, stated opposition to the proposed restaurant and concern that it would regulate the boatyard out of business. Mr. Offutt stated his marine industrial boatyard, located in D3 zoning, and Port Miami River Land Use, operates 24 hours a day, seven days a week, and generates industrial conditions of cranes, noise, lights, etc., which are incompatible with the proposed adjacent restaurant use, and the two uses can't co -exist in harmony. Mr. Offutt stated his boatyard employees 15 people with an average annual income of $50,000, and provides 2,000 tows per year from this site, which is their only location. Mr. Offutt stated they have a contract with Miami -Dade County to remove derelict vessels, which are towed to the boatyard, broken into pieces and placed into dumpsters. Ms. Escarra stated the developer would record the "Working River Covenant" acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations as permitted. Ms. Escarra noted the buffering area between the 2 uses, and agreed to improve the buffering treatments. PUBLIC DOCUMENT 1 1 Submitted into the public record for item(s) PZ.33 on 11L/2017 City Clerk Miami River Commission's Urban Infill and Greenways Subcommittees November 21, 2016 Page 2 The City of Miami's Miami 21 Zoning Code Section 3.11, "b Waterfront Walkways Design Standards 1. Waterfront Walkways shall be designed and constructed within the waterfront standards in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum shall remain open to the public between 6 AM and 10 PM. Waterfront Walkways are not required within Transect Zones T3, T4 -R, D1, D2 and D3 unless the site is a new Commercial retail, Office or restaurant use." Ms. Escarra stated the site uses the existing buildings, and features a public Riverwalk which has a 10 foot unobstructed pathway along the north side -yard connecting the existing public on -road Miami River Greenway along South River Drive to a 6 foot wide unobstructed Riverwalk along the entire riverfront side, with one narrower pinch point. Ms. Escarra and Mr. Berenblum stated they would try to make the public Riverwalk slightly wider, considering the narrow site and existing structures will remain. Currently the public Riverwalk has a dead end into the southern side -yard, into a vacant riverfront properly owned by AT&T (101 NW South River Drive) which has a small utility box. Ms. Escarra and Mr Berenblum stated they would try to eliminate this public Riverwalk dead end, by creating a (2nd) side -yard connector between the existing on -road Miami River Greenway on South River Drive to the new proposed Riverwalk either on the AT&T site or on their private narrow southern side -yard (where plans currently indicate "service access"). The MRC's adopted strategic plan, the "Miami River Corridor Urban Infill Plan" states on page 25, within the section regarding the riverfront within East Little Havana, "While predominately a residential neighborhood, East Little Havana's waterfront is predominately industrial in nature. Anchored on the east by Jose Marti Park, with a small area zoned restricted commercial, the majority of the East Little Havana waterfront is zoned for waterfront industrial use. While this use is appropriate and desirable, an expansion of allowable uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintain the requirement for a primary water -dependent use would serve to enliven the on -road Greenway planned for this portion of South River Drive (exists today) as well as increase the economic viability of the existing waterfront industrial sites." The presenters deferred the item to the MRC subcommittee's October public meeting, where they will present improved revised 2nd draft plans featuring the aforementioned revisions of widening the public Riverwalk and improving the buffer adjacent to the boatyard." On November 21 Iris Escarra presented updated 2nd draft plans, which widened the public Riverwalk and included a landscape buffer adjacent to the boatyard next door. Attendees recommended the buffer be a wall covered in green ivy (ie Wrigley Field outfield wall). MS Escarra agreed to insert the word "Public" on the plans in front of the word "Riverwalk", and insert the City's required public Miami River Greenway wayfinding signage in future revised plans. Ms Escarra stated the site will maintain its marine industrial primary use by including a commercial fisherman boat slip which will provide the restaurant with fresh seafood catches, and have a private boating club and yacht sales. Ms Escarra indicated the aforementioned deals are PUBLIC DOCUMENT !J Submitted into the public record for item(s) PZ.3 Miami River Commission's Urban Infill and Greenways Subcommittees on 11/16/2017 , City Clerk November 21, 2016 Page 3 being finalized therefore she is unable to disclose the entities at this time, but will do so at a future public MRC meeting. MS Escarra noted this is the same concept approved for the warrants at River Yacht Club which features a private yacht club and sales of Van -Dutch Yachts, and Riverside Wharf which features Garcias commercial fishing. Ms Escarra stated they are still communicating with AT&T about potentially partnering to make improvements on the adjacent AT&T site. Ms Escarra stated the sites recent uses were Office, Yacht sales and commercial fishing. Cory Offut, owner of adjacent Biscayne Towing and Salvage, Tow Boat US, stated he still objects to the proposal which he believes is not consistent with the Port Miami River sub - element of the City of Miami's adopted Comprehensive Plan. Tucker Gibbs stated he felt the presented proposal did not maintain a primary marine industrial use as required by code. Mr Gibbs stated the adjacent boatyard can't co -exist with an immediately adjacent restaurant which would create a conflict. Ms Escarra stated they would be providing the "Working River Covenant" as required in the City's Comprehensive Plan for all new riverfront developments, which would indicate they are aware that the Port of Miami River is a working river subject to 24/7 noise, etc. Attendees discussed the potential for an additional 2°a covenant specific to these 2 neighboring properties, stating that the restaurant would never file any nuisance complaints against the neighboring boatyard. Ms. Escarra stated in addition to the Warrant, they are seeking City of Miami's approval to use existing structures, which are not per the current code. Ms. Escarra noted across the street from the subject site is residential zoning, and along the River is Marine Industrial. Ms. Escarra provided an aerial of the area, showing a vacant lot at 26 NW South River Drive, which they are engaged in conversation to lease for valet parking purposes. Amanda Smith, City of Miami Planning Department, stated this Warrant application is still in "pre -application" status. Ms Smith stated she would share her notes on today's public meeting with the reviewer. Bruce Brown, President of the Miami River Marine Group, Phil Everingham, Marine Council, and Helen Brown, Miami -Dade Planning Department, stated they are not in favor of the presented proposal because it fails to demonstrate the primary use is marine industrial (restaurant secondary accessory use) as required by the sites current D3 zoning and Port Miami River designated in the Comprehensive Plan. MRC Urban Infill Subcommittee Chairman Murley suggested the MRC find the current proposal failed to carry burden of proof to demonstrate that the sites primary use is marine industrial (restaurant as a secondary / accessory use) as required by the current D3 zoning and Port Miami River designation in the Comprehensive Plan. MS. Escarra stated she would provide the amended plans electronically to MRC Director Bibeau by noon on Monday, 11/28/26, so that the improved revised plans maybe included in the MRC's 12/5/16 public meeting agenda and backup materials, which will be emailed to the MRC email database on 11/28/16 (one week prior to the MRC's 12/5/16 public meeting). PUBLIC DOCUMENT is Submitted into the public Miami River Commission's Urban Infill and Greenways Subcommittees record for item(s) PZ.3 November 21, 2016 on 11/16/2017 . City Clerk Page 4 111) Consider Proposed Warrant to Allow a Restaurant in D3 Zoning Locatcd at 961 NW 7 ST MRC Managing Director Brett Bibeau thanked Amanda Smith, City of Miami Planning Department, for attending the meeting. Ms. Smith stated this Warrant is still in "pre -application" status being reviewed by Derrick Cook, City of Miami Planning Department, who was unable to attend today's public meeting, therefore she kindly offered to share her notes with him. MS Smith stated Mr. Cook was recently reminded that the MRC should be notified of all riverfront warrant applications, and or pre applications, when they are first received by the City of Miami so the MRC may go through the 2 public meeting process (MRC subcommittee followed by full MRC) in order to create the MRC's advisory recommendation on the application for the City's consideration prior to the City rendering any decisions on riverfront warrant applications. Mr. Bibeau distributed a copy of "Proposed Warrant for Anchor Marine on behalf of Longmore LLC — 961 NW 7 ST Warrant Application Package for Proposed Restaurant Use June 13, 2016" which he recently received from the site's architect Omar Morales. Mr. Bibeau stated after originally accepting the invitation to present the plans to the public subcommittee meeting, Mr. Morales indicated his client, the property owner, directed him not to present to the MRC. Mr. Bibeau stated Daniel Rotenberg, City of Miami Asset Management, recently began researching the subject area as it appears a portion of the proposed plans and existing buildings appear to be located on City of Miami owned folio 401-3135-000-0020, which currently has an older 30 day revocable license agreement issued for the previous owners of the current "Anchor Marine" boatyard use. Mr Rotenberg stated the 30 -day revocable license agreement for the previous owners and use would need to be updated. Attendees noted long term leases of City owned waterfront property are required to be approved by the public at referendum, as the "Riverside Wharf' project recently did, which has both City owned and adjacent private sector land. Dr. Ernie Martin stated Anchor Marine boatyard remains in operation today on this site, directly across from Spring Garden neighborhood where he serves as the President of the Spring Garden Civic Association. Dr. Martin stated Anchor Marine is a good example of a long time functioning boatyard use which should be maintained along the Miami River. Mark Bailey, Miami River Marine Group, agreed with Dr. Martin, and stated the distributed plans do not include a primary marine industrial use, with the restaurant as a secondary / accessory use, as required under the sites current D3 zoning and "Port Miami River" designation in the City's Comprehensive Plan. MRC Urban Infill Subcommittee Chairman Martin deferred the item to a future subcommittee public meeting, after the City determines the necessary agreements needed for the City owned portion of the proposed plans. PUBLIC DOCUMENT Submitted into the public item(s) PZ.3 it for cord Miami River Commission's Urban Infill and Greenways Subcommittees record d for it 2017 City Clerk November 21, 2016 Page 5 M Consider Revised Public Riverwalk Plans at 40 NW North River Drive MRC's adopted September 12, 2016 was the last time this item was presented, and the public meeting minutes state in part: "The MRC's adopted July 11, 2016 public meeting minutes on this agenda item state in part, `The MRC passed a unanimous resolution reaffirming their 11/3/14 recommendation for approval of the Sushi Samba / Duck and Waffle House Restaurant development which featured a public Riverwalk consistent with Miami 21 Section 3.11, Appendix B, and the City Charter. The MRC directed MRC Chairman Aguirre and Director Bibeau to continue communications with the City of Miami and Development team.' r David Snow, City of Miami Planning Department, stated since then the City of Miami and the developers conducted a site visit and both agreed to amend the current permit in order to improve the public Riverwalk.....The City is working with the architect and MRC towards improving the site's public Riverwalk area. Needed improvements to the public Riverwalk include the Riverwalk width / setbacks, stairs, landscaping, electrical room, elevation differences, Riverwalk omission from the north portion, side -yard connectors, etc. Sushi Samba / Duck and Waffle House architect Arturo Griego, presented a new PowerPoint of revised plans. Consensus was reached that the proposed revised plans need significant further improvements because several of the outstanding issues along the public Riverwalk are yet to be improved and resolved. The City, developer and MRC agreed to continue working on improving the plans with the goal of making the public Riverwalk consistent with the City of Miami Zoning Code Section 3.11, Appendix B, and the City Charter." Arturo Griego presented the updated "Sushi Samba River Commission Presentation 11-21-16" Plans, which include several improvements to the proposed design of the future public Riverwalk. MRC Greenways subcommittee Chairman Martin and MRC Urban Infill Subcommittee Chairman Murley reaffirmed the MRC's 11/3/14 & 9/12/16 resolution, "for approval of the Sushi Samba / Duck and Waffle House Restaurant development which featured a public Riverwalk consistent with Miami 21 Section 3.11, Appendix B, and the City Charter. The MRC directed MRC Chairman Aguirre and Director Bibeau to continue communications with the City of Miami and Development team." In addition, MRC Greenways subcommittee Chairman Martin and MRC Urban Infill Subcommittee Chairman Murley suggested the MRC recommend the public Riverwalk's unobstructed "circulation zone" be widened to at least the previously approved 814" width. Mr. Griego agreed and stated he would provide the amended plans electronically to MRC Director Bibeau by noon on Monday, 11/28/26, so that the improved revised plans maybe included in the MRC's 12/5/16 public meeting agenda and backup materials which will be emailed to the MRC email database on 11/28/16 (one week prior to the MRC's 12/5/16 public meeting). MRC Director l Bibeau thanked the developers and City for working together to make improvements to the planned public Riverwalk to be constructed at the Sushi Samba site. The meeting adjourned. PUBLIC DOCUMENT A 1 1 1 t 1 Miami Diver Commission's Urban Infill and Greenways Subcommitte— November 21, 2016 Page 6 NAME Submitted into the public record for items) PZ.3 on 11116/2017_, City Clerk Miami River Commission's Urban Infill and Greenways Subcommittees Public Meeting 9*%n ° 's To4ko.6,w-Y ifc�t '-3,6e0tJl �,�'.� �� � . ��• a �.� �r�on-V �aw�lsyol,�k � ,; -� � /V t", 14-621 AM)4,ld 0A Svv, ,-H 1 jfis SLG( YY7G( Sr c.-tt —31 bo 0 LA,_ I / c fQW a i� r ► 1-3 D Monday, November 21, 2016 2 P 1407 NW 7 ST Miami. FL ClRGaNI,�ATION `3'3A v. 2cl . d1t,/,(vL.A- N'K L CST Al R eXl 14; < C i+y oar ivy 1tCLYVL; —i=S5'S`l f 4c &�� PUBLIC DOCUMENT PHONE / FAX / E-MAIL acs 20c, SI St 3a,;, 4 of - iy F4, A s i s / - 90 �� J, ,� kG� he rrMc ) . 451 -; r3� 04.79) 3�5 S-7� 6-737 Submitted into the public record for item(s)FL3 on 11/16/2017 City Clerk Miami River Commission Meeting Minutes January 9, 2017 Mr. Horacio Stuart Aguirre, Chairman of the Miami River Commission (MRC), convened the public meeting at noon, January 9, 2017, 1407 NW 7 ST. Miami River Commission (MRC) Policy Committee Members and/or Designees attending: Chairman Horacio Stuart Aguirre, Appointed by the Governor Patty Harris, designee for Governor Frank Balzebre, designee for Miami -Dade County Mayor Gimenez Marlene Avalo, designee for Miami -Dade County Commissioner Bruno Barreiro Gary Winston, designee for State Attorney Philip Everingham, designee for the Marine Council Sandy O'Neil, designee for Greater Miami Chamber of Commerce Bruce Brown, Miami River Marine Group Ernie Martin, Neighborhood Representative Appointed by City of Miami Manny Prieguez, Member at Large appointed by City of Miami Duber Lazardo, designee for Sara Babun MRC Staff. Brett Bibeau, Managing Director Others attending interested in the River: Please see attached sign in sheets. n Chair Report — MRC Chairman Horacio Stuart Aguirre The Miami River Commission unanimously adopted the distributed draft November 14, 2016 public meeting minutes, which were previously distributed via electronic mail. II. Consider Proposed Warrant to Allow a Restaurant in D3 Zoning Located at 125, 129 and 131 NW South River Drive One week prior to the MRC's meeting the following backup materials were emailed to the MRC database: • NMC Urban .Infill Subcommittee's 9/14/16 public meeting minutes • MRC Urban Infill and Greenways Subcommittee's 11/14/16 public meeting minutes • MRC Greenways Subcommittee's 12/19/16 public meeting minutes • Letter of Intent with exhibits • Plans (sent 1/2/17 and revised plans emailed 1/7/17) gygY' Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Miami River Commission Public Meeting Minutes January 9, 2017 -2- Shahab Karmely, Kar Properties, Nick Cardozo, Yachtlife, Iris Escarra, Greenberg Traurig, and Renate Paris and Gustavo Berenblum, Berenblum, Busch Architecture, showed a video, provided copies and presented "Yachtlife (charters and sales) Lounge and Restaurant". Ms. Escarra stated the site is zoned D3 and Land Use is Port Miami River, therefore the water dependent primary use will be "Yachtlife" charters and sales, and a designated slip for a commercial fishing vessel will bring fresh seafood catches which will be kept live in tanks, and then visitors may pick out their seafood and purchase it to take home, or have it cooked and eaten at the restaurant. They are seeking a Warrant to allow a restaurant, featuring a public Riverwalk, as a secondary use, which will be utilized by the "Yachtlife" charters and sales, in addition to the planned office space for "Yachtlife". Ms. Escarra stated there is no on-site parking as all parking will be valet at the identified nearby vacant lot. Mr. Karmely noted Kar Properties will develop One River Point, which the MRC previously recommended approval of, and noted his commitment and belief in the Miami River District. Ms. Escarra stated the site currently does not have any permitted slips, therefore they will submit an application to allow boat slips. Ms. Escarra provided copies of the site's history of certificates of use for the site which does not have a strong marine industrial past, and has been vacant for many years. Mr. Karmely and Ms. Escarra noted all 4 previous warrants for accessory uses in D3 zoning were recommended for approval by the MRC, and approved by the City Commission, including but not limited to Riverside Wharf (4 restaurants with commercial fishing element) and River Yacht Club (restaurant with Van Dutch Yacht Club and Sales). Ms Escarra provided copies of the MRC's adopted strategic plan, the "Miami River Corridor Urban Infill Plan" page 25, within the section regarding the riverfront within East Little Havana, "While predominately a residential neighborhood, East Little Havana's waterfront is predominately industrial in nature. Anchored on the east by Jose Marti Park, with a small area zoned restricted commercial, the majority of the East Little Havana waterfront is zoned for waterfront industrial use. While this use is appropriate and desirable, an expansion of allowable uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintain the requirement for a primary water -dependent use would serve to ' enliven the on -road Greenway planned for this portion of South River Drive (exists today) as well as increase the economic viability of the existing waterfront industrial sites." Cory Offutt, owner of boatyard and Tow Boat U.S. operator immediately north of the subject site, (151 NW South River Drive) and Tucker Gibbs, Esq, stated opposition to the proposed restaurant and concern that it would pressure the boatyard out of business. Mr. Offutt stated his ' marine industrial boatyard, located in D3 zoning, and Port Miami River Land Use, operates 24 hours a day, seven days a week, and generates industrial conditions of cranes, noise, lights, etc., which are incompatible with the proposed adjacent restaurant use, and the two uses can't co -exist in harmony. Mr. Offutt stated his boatyard employees 15 people with an average annual income of $50,000, and provides 2,000 - 3,000 tows per year from this site, which is their only location. Mr. Offutt stated they have a contract with Miami -Dade County to remove derelict vessels, which are towed to the boatyard, broken into pieces and placed into dumpsters. Tucker Gibbs stated he felt the presented proposal did not maintain a primary marine industrial use as required by code and is therefore inconsistent with the sites "Port Miami River" designation in the City's Comprehensive Plan. 1 PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk Miami River Commission Public Meeting Minutes January 9, 2017 -3- Ms. Escarra stated they would be providing the "Working River Covenant" as required in the City's Comprehensive Plan for all new riverfront developments, which would indicate they are aware that the Port of Miami River is a working river subject to 24/7 noise, etc. In addition, the !j current plans now include a wall and landscaping along the subject property line to provide a physical buffer. The City of Miami's Miami 21 Zoning Code Section 3.11, states "b Waterfront Walkways Design Standards 1. Waterfront Walkways shall be designed and constructed within the waterfront standards in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum shall remain open to the public between 6 AM and 10 PM. Waterfront Walkways are not required within Transect Zones T3, T4 -R, D 1, D2 and D3 unless the site is a new Commercial retail, Office or restaurant use." Ms. Escarra stated in addition to the Warrant, they are seeking City of Miami's approval to use existing structures, which are not per the current code. Ms. Escarra stated the proposal is to use the sites existing buildings, and features a public Riverwalk which has a 20 foot unobstructed pathway with the exception of one pinch point at the corner of the smaller existing building which is planned to feature the Yachtlife office, and 2 public side -yard pathways to connect the existing public on -road Miami River Greenway along South River Drive to the public Riverwalk. MRC Greenways subcommittee Chairman Martin and Patty Harris recommended the plans to be revised to pull back the corner of the building to widen the public Riverwalk's pinch point. Amanda Smith, City of Miami Planning Department, stated this Warrant application notification was signed today, therefore the City may approve or deny the application no sooner than 30 days from now, followed by a 15 day appeal window. Bruce Brown and Mark Bailey, Miami River Marine Group and Phil Everingham, Marine Council, stated they are not in favor of the presented proposal because it fails to demonstrate the primary use is marine industrial, and the restaurant as a secondary accessory use, as required by the sites current D3 zoning and Port Miami River designation in the Comprehensive Plan. MRC Director Bibeau read the following portion of the distributed non-binding Jan 2, 2017 public memo from MRC Urban Infill Chairman Jim Murley and MRC Greenways Subcommittee Chairman Martin: "Therefore we suggest the MRC recommend approval of the updated warrant proposal with a condition that the site demonstrates continued marine use and public Riverwalk per approved plans and letter of intent. In addition, we suggest the MRC adopt a 2nd resolution respectfully recommending the City of Miami insert criteria into their Zoning code to assist in future determinations in D3 warrant applications for Marine Industrial as the "primary use" and other uses allowed by Warrant to be measured as the "secondary / accessory use". The MRC adopted a resolution to defer the item (9-2) to a "special" MRC meeting on Jan. 23, 2017, noon, 1407 NW 7 ST. PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 Miami River Commission Public Meeting Minutes on 11/16/2017 .City Clerk January 9, 2017 -4- III. Consider Pending Warrant Application (#2416-4094) to Allow a Restaurant in D3 Zoning Located at 961 - 971 NW 7 ST (Anchor Marine Boatyard) One week prior to the MRC's meeting the following backup materials were emailed to the MRC database: MRC Greenways Subcommittee's 12/19/16 public meeting minutes Letter of Intent • Plans The applicant, Mr. Henry Greenberg, Longmore LLC, provided a brief presentation, and provided a letter of intent for a valet parking lot at 1000-1020 & 1030 NW 7 ST. The MRC Greenways Subcommittee's 12/19/16 public meeting minutes state: The distributed November 21 minutes includes the 1" time this item was considered by the MRC subcommittee. Copies of "Proposed Warrant for Anchor Marine on behalf of Longmore LLC — 961 NW 7 ST Warrant Application Package for Proposed Restaurant Use June 13, 2016" and the projects Oct. 19, 2016 Letter of Intent were distributed. The item was presented by architect Omar Morales, Form Group and Henry Greenberg, Long More LLC. The proposal is an "adaptive re -use" of Anchor Marine Boatvard. with the existine 7.509 sauare foot buildine and adjacent outdoor riverfront area becoming a 200 seat restaurant, and the 3,696 square foot building's 1st floor is "marine storage" and the 2nd floor is a "marine charter office" where a vessel charter service will be operated. The site will retain its existing boat slips and they are interested in becoming a water taxi stop. The plans include 8 new parking spots reserved for the restaurant on City of Miami owned 971 NW 7 ST, folio #01-3135-000-0020, and adjacent City of Miami owned Right of Way, which includes 25 feet of unimproved riverfront shoreline. Mr. Cook stated the City's zoning code allows the City to consider waiving the parking requirements because the project is an "adaptive re -use". Mr. John Michael Cornell, representing the adjacent 555 SW South River Drive, noted their site is currently zoned T6-8-0 and in the future wants to have vehicular access through a - portion of the City Right of Way located between Anchor Marine's Private Parcel at 961 NW 7 ST and 555 NW South River Drive. Mr. Greenberg stated he is negotiating with a potential valet parking lot in the area that would provide 150 parking spaces, and they would provide more details in writing. Mr. Mark Burns, City of Miami Asset Management, stated the sites current 30 day revocable license agreement issued in 1999 for the previous owners of the current "Anchor Marine" boatyard use (currently has boats, etc.) will have to be updated. The current 30 day license agreement offers the opportunity for one free covered boat slip for use by a City Marine Patrol vessel. Mr. Greenberg stated they still agree to offer this condition, and MRC Director Bibeau stated he recently communicated with the City of Miami Police Department whom indicated the Marine Patrol would be interested in using the free covered boat slip required under the 30 -day license agreement. `- PUBLIC DOCUMENT 1� L� Submitted into the public record for item(s) PZ.3 Miami River Commission Public Meeting Minutes on it/1fL2017 City Clerk January 9, 2017 -5- Director Bibeau stated the 25 feet of City owned riverfront adjacent to the private parcel has large invasive Brazilian Peppers, and other issues, and this City owned portion of the riverfront could become a section of the public Riverwalk per the City's adopted Comprehensive Plan, the Miami River Greenway Action Plan and Zoning Code (section 3.11). Currently the existing City owned mesa beige on -road Miami River Greenway enters the subject site from west to east along the riverside of NW 7 ST, and the public pathway could be extended to include this riverfront City owned public right of way immediately south east of the private parcel at 961 NW 7 ST, and then tie back into the existing on -road Miami River Greenway which continues south east along NW South River Drive. Director Bibeau noted if approved, the proposed development would have to pay impact and permit fees to the City of Miami, and perhaps that could be the source of the funding for the needed improvements to this riverfront section of City owned public right of way. Dr Ernie Martin stated he is President of the Spring Garden Civic Association which is a low- density designated historic residential neighborhood located directly across the Miami River from the subject site which currently operating Anchor Marine boatyard. Dr Martin asked about the noise restrictions from the proposed new restaurant at night, and Mr. Cook, City of Miami Planning Department, replied they would be required to abide by the City's current noise restrictions as established in the City Code. Mr. Greenberg stated the proposal is for a fine dining restaurant, not a night club. Mark Bailey, Miami River Marine Group, Philip Everingham, Marine Council and Cory Offut, Biscayne Towing and Salvage, noted Anchor Marine boatyard opened 43 years ago and remains in operation today on this site, and is a good example of a long time functioning boatyard use which should be maintained along the Miami River. Mark Bailey, Miami River Marine Group, and Phil Everingham, Marine Council, stated they are not in favor of the presented proposal because it fails to demonstrate the primary use is marine industrial (restaurant secondary accessory use) as required by the sites current D3 zoning and Port Miami River designation in the Comprehensive Plan. Derrick Cook, City of Miami Planning Department, stated the City Zoning Code requires a marine industrial / water dependent use on riverfront sites zoned the more restrictive D3 Marine Industrial category with "Port Miami River" designation in the City's Comprehensive Plan, but there are no specific criteria to determine "primary use" versus "secondary / accessory use". Mr. Greenberg and Mr. Morales agreed to provide an updated Letter of Intent with more information about the sites proposed marine industrial uses such as the "marine storage" and "marine charter office" noted in the plans within the 3,696 square foot building, including the free covered boat slip for a City of Miami marine patrol vessel, valet parking lot location, and amend the plans to show vehicular circulation for the valet and perhaps an extension of the public Miami River Greenway in partnership with the City of Miami on the adjacent City owned property." MRC Director Bibeau read aloud the following portion of the MRC Greenways subcommittee's 12/19/16 public meeting minutes: PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.s Miami River Commission Public Meeting Minutes re 11or item() City Clerk January 9, 2017 -6- MRC Urban Infill Subcommittee Chairman Martin did not recommend approval or denial of the subject Warrant applicant, rather expressed the following issues to be considered and addressed by the MRC, City and applicants: 1) Need to include public Riverwalk on adjacent City owned riverfront connecting on both ends to the City's existing adjacent on -road Miami River Greenways along NW 7 ST and NW South River Drive 2) Need to identify secured valet parking lot with sufficient parking spaces for the proposed 200 seat restaurant and revise plans to show valet drop off and pickup circulation 3) Need to clarify area of City owned folio and public Right of Way, and update 30 day revocable license agreement to continue providing free slip for City Marine Patrol and allowing potential future vehicular access for adjacent 555 NW North River Drive and public connecting Miami River Greenway. Is there a public process? 4) Concern about erosion of the marine industry as the proposal would displace Anchor Marine boatyard in operation on this "Middle River" site for 43 years 5) Sound mitigation for adjacent residents Director Bibeau stated the City of Miami's warrant application notification was signed over 30 days ago, therefore the City has the right to approve or deny the application at any time. The MRC adopted a unanimous resolution to defer the item to a "special" MRC meeting on Jan. 23, 2017, noon, 1407 NW 7 ST. IV. Consider Revised Public Riverwalk Plans at 40 NW North River Drive Ms. Iris Escarra, Greenberg Traurig and Mr Nino Griego, Itec Design, presented the revised Riverwalk plans for Sushi Samba. They stated the Riverwalk plans are now consistent with City Code requirements, and the minimum width of the unobstructed Riverwalk is the same or greater than previously approved by the MRC. The MRC adopted a unanimous resolution recommending approval of the revised Sushi Samba Riverwalk, and thanked the City of Miami and Melo Family (developers), Ms bi Escarra and Mr Griego for the improved Riverwalk design. V. Update Regarding Appeal of Zoning Interpretation on Miami 21's Waterfront Standards, Section 3.11 MRC Director Bibeau stated the MRC hasn't received the City of Miami Zoning Administrator's revised draft Zoning Interpretation, therefore the item was deferred to the MRC's "special" meeting on Jan. 23, 2017, noon, 1407 NW 7 ST. `-' The meeting adjourned. PUBLIC DOCUMENT 1 Miami River Commission Public Meeting Minutes January 9, 2017 -7- NAM Oejila4",h 7o,,ehs - ilawa 8(t usr� -1-10"4CAS C 30"l + / �GrlC IJinr►�S Miami River Commission Public Meeting Monday, January 9, 2017 Noon 1407 NW 7 ST Miami. FL ORGANIZATION e Z � - f �i1 ►-►..� S Q-: � c.� C4 of 111 g►r, n - D %F -Si ��A- �T ' 4 H � �� C Gov n �, + fes• � .w�, � fv .; fly'/ Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk PHONE i7FAX / E-MAIL 3i5) ) I Q�ffl r � �� vf' -� - �S►�)S MotOL�,x, ) nl i Glyn 7� Z Is. -14 1-4 3os-�,r14-14/71 y 416 -I2A" I? y yl,( / yam -Ar'Mndck'Sm +IN 3D-tI11,-1 33 1 �38�• � lr 7 ,1- a LfiS C Prcii Z� R N ay PcrJCV RENA-YF?""S 8/.+fir O•••�bro..s�.• I//( P& ". i a. wm F -e' +"L 66� +1iC rtv�u' PjP43�`''' Pty4 I ft 6 ' 1-L i46. 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ICiRIy ��iH5t41+A�1*+i�C,O► F [2Y1E.� �(,iA'a 11� Mi�L 3c•� yri5 _ .II V .Z 307 ev�ft/DLi- f'�r1� /{ r` PUBLIC DOCUMENT C Submitted into the public record for item(s) PZ.3 on 11/16/2017 . City Clerk Miami River Commission's Urban Infill Subcommittee January 17, 2017 Minutes The Miami River Commission's (MRC) Urban Infill subcommittee conducted a public meeting on January 17, 2017, 3:00 PM, 1407 NW 7 Street. The attendance sign in sheet is enclosed. MRC Urban Infill Subcommittee Chairman Jim Murley conducted the public meeting. 1) Consider Pending Warrant Application to Allow "Yachtlife (Charters and Sales) Lounge and Restaurant" in D3 Zoning Located at 125,129 and 131 NW South River Drive MRC Managing Director Brett Bibeau stated this afternoon he had received a call from MRC Greenways subcommittee Chairman Ernie Martin whom was unfortunately not feeling well, therefore unable to attend the meeting. The MRC's January 9, 2017 public meeting minutes were distributed stating: "One week prior to the MRC's meeting the following backup materials were emailed to the MRC database: • MRC Urban Infill Subcommittee's 9/14/16 public meeting minutes • MRC Urban Infill and Greenways Subcommittee's 11/14/16 public meeting minutes • MRC Greenways Subcommittee's 12/19/16 public meeting minutes • Letter of Intent with exhibits • Plans (sent 1/2/17 and revised plans emailed 1/7/17) Shahab Karmely, Kar Properties, Nick Cardozo, Yachtlife, Iris Escarra, Greenberg Traurig, and Renate Paris and Gustavo Berenblum, Berenblum, Busch Architecture, showed a video, provided copies and presented "Yachtlife (charters and sales) Lounge and Restaurant". Ms. Escarra stated the site is zoned D3 and Land Use is Port Miami River, therefore the water dependent primary use will be "Yachtlife" charters and sales, and a designated slip for a commercial fishing vessel will bring fresh seafood catches which will be kept live in tanks, and then visitors may pick out their seafood and purchase it to take home, or have it cooked and eaten at the restaurant. They are seeking a Warrant to allow a restaurant, featuring a public Riverwalk, as a secondary use, which will be utilized by the "Yachtlife" charters and sales, in addition to the planned office space for "Yachtlife". Ms. Escarra stated there is no on-site parking as all parking will be valet at the identified nearby vacant lot. Mr. Karmely noted Kar Properties will develop One River Point, which the MRC previously recommended approval of, and noted his commitment and belief in the Miami River District. Ms. Escarra stated the site currently does not have any permitted slips, therefore they will submit an application to allow boat slips. Ms. Escarra provided copies of the site's history of certificates of use for the site which does not have a strong marine industrial past, and has been vacant for many years. Mr. Karmely and Ms. Escarra noted all 4 previous warrants for accessory uses in D3 zoning were recommended for approval by the MRC, and approved by the City Commission, including but not limited to Riverside Wharf (4 restaurants with commercial fishing element) and River Yacht Club (restaurant with PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 Miami River Commission's Urban Infill Subcommittee on 11/16/2017 , City Clerk January 17, 2017 Page 2 Van Dutch Yacht Club and Sales). Ms Escarra provided copies of the MRC's adopted strategic plan, the "Miami River Corridor Urban Infill Plan" page 25, within the section regarding the riverffont within East Little Havana, "While predominately a residential neighborhood, East Little Havana's waterfront is predominately industrial in nature. Anchored on the east by Jose Marti Park, with a small area zoned restricted commercial, the majority of the East Little Havana waterfront is zoned for waterfront industrial use. While this use is appropriate and desirable, an expansion of allowable uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintain the requirement for a primary water -dependent use would serve to enliven the on -road Greenway planned for this portion of South River Drive (exists today) as well as increase the economic viability of the existing waterfront industrial sites." Cory Offutt, owner of boatyard and Tow Boat U.S. operator immediately north of the subject site, (151 NW South River Drive) and Tucker Gibbs, Esq, stated opposition to the proposed restaurant and concern that it would pressure the boatyard out of business. Mr. Offatt stated his marine industrial boatyard, located in D3 zoning, and Port Miami River Land Use, operates 24 hours a day, seven days a week, and generates industrial conditions of cranes, noise, lights, etc., which are incompatible with the proposed adjacent restaurant use, and the two uses can't co -exist in harmony. Mr. Offutt stated his boatyard employees 15 people with an average annual income of $50,000, and provides 2,000 - 3,000 tows per year from this site, which is their only location. Mr. Offutt stated they have a contract with Miami -Dade County to remove derelict vessels, which are towed to the boatyard, broken into pieces and placed into dumpsters. Tucker Gibbs stated he felt the presented proposal did not maintain a primary marine industrial use as required by code and is therefore inconsistent with the sites "Port Miami River" designation in the City's Comprehensive Plan. Ms. Escarra stated they would be providing the "Working River Covenant" as required in the City's Comprehensive Plan for all new riverfront developments, which would indicate they are aware that the Port of Miami River is a working river subject to 24/7 noise, etc. In addition, the current plans now include a wall and landscaping along the subject property line to provide a physical buffer. The City of Miami's Miami 21 Zoning Code Section 3.11, states "b Waterfront Walkways Design Standards 1. Waterfront Walkways shall be designed and constructed within the waterfront standards in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum shall remain open to the public between 6 AM and 10 PM. Waterfront Walkways are not required within Transect Zones T3, T4 -R, D1, D2 and D3 unless the site is a new Commercial retail, Office or restaurant use." Ms. Escarra stated in addition to the Warrant, they are seeking City of Miami's approval to use existing structures, which are not per the current code. Ms. Escarra stated the proposal is to use the sites existing buildings, and features a public Riverwalk which has a 20 foot unobstructed pathway with the exception of one pinch point at the comer of the smaller existing building j which is planned to feature the Yachtlife office, and 2 public side -yard pathways to connect the existing public on -road Miami River Greenway along South River Drive to the public Riverwalk. MRC Greenways subcommittee Chairman Martin and Patty Harris recommended the plans to be revised to pull back the comer of the building to widen the public Riverwalk's pinch point. PUBLIC DOCUMENT Submitted into the public record for items) PZ.3 Miami River Commission's Urban Infill Subcommittee on 11/16/2017 City Clerk January 17, 2017 Page 3 Amanda Smith, City of Miami Planning Department, stated this Warrant application notification was signed today, therefore the City may approve or deny the application no sooner than 30 days from now, followed by a 15 day appeal window. Bruce Brown and Mark Bailey, Miami River Marine Group and Phil Everingham, Marine Council, stated they are not in favor of the presented proposal because it fails to demonstrate the primary use is marine industrial, and the restaurant as a secondary accessory use, as required by the sites current D3 zoning and Port Miami River designation in the Comprehensive Plan. ' MRC Director Bibeau read the following portion of the distributed non-binding Jan 2, 2017 public memo from MRC Urban Infill Chairman Jim Murley and MRC Greenways Subcommittee Chairman Martin: "Therefore we suggest the MRC recommend approval of the updated warrant proposal with a condition that the site demonstrates continued marine use and r public Riverwalk per approved plans and letter of intent. In addition, we suggest the MRC adopt a 2nd resolution respectfully recommending the City of Miami insert criteria into their Zoning code to assist in future determinations in ' D3 warrant applications for Marine Industrial as the "primary use" and other uses allowed by Warrant to be measured as the "secondary / accessory use". The MRC adopted a resolution to defer the item (9-2) to a "special" MRC meeting on Jan. 23, 2017, noon, 1407 NW 7 ST." Iris Escarra presented revised plans noting the following 2 updates: 1) Specifically "VanDutch, Palmer Johnson and Tecnomar" yachts will be docked and sold at the site 2) Per the suggestion of a couple MRC board members including MRC Greenways subcommittee Chairman Martin, the pinch point of the site's proposed public Riverwalk was widened by over 100% by tearing out the existing buildings wall and pulling it back as far as structurally feasible, from the current 47" to 11'I", while the remaining public Riverwalk remains at 20' wide without restaurant tables etc. Ms Escarra stated prior to the MRC's January 23 public meeting on this item they would provide the draft "Working River Covenant" as required by the City's Comp Plan, acknowledging and not objecting to all the Port Miami River's Marine Industrial businesses which generate noise etc. In addition, Ms Escarra stated the owner recognizes the existing marine industrial neighbors which will stay in operation and the proposed "Yachtlife (Charters and Sales) Lounge and Restaurant" which also features a commercial fishing element, has no intent to negatively impact any marine industrial business on the Miami River, including but not limited to Cory Offut's Biscayne Towing and Salvage / Tow Boat US. Ms Escarra stated the concept of primary marine industrial use and secondary restaurant use in not defined in the zoning code, rather is a recommendation of the MRC's Miami River Corridor Urban Infill Plan which they are consistent with by providing Yachtlife vessel charters and sales and a commercial fishing slip to deliver fresh seafood etc. As previously recommended by the MRC subcommittees the proposal's plans now include a 6 foot tall landscaped wall along the property to provide a buffer to Biscayne Towing and Salvage / Tow Boat US. Ms Escarra stated if a Certificate of Use (CU) expires for 6 months, a new warrant would be required. PUBLIC DOCUMENT I' Miami River Commission's Urban Infill Subcommittee Submitted into the public January 17, 2017 record for item(s) Pz.3 Page 4 on _11/16/2017 City Clerk Ms Escarra stated the proposal is: • Consistent with existing Comp Plan • Consistent with existing zoning • No amendments to existing Zoning nor Land Use • This site has a weak marine industrial history • This site currently has no slips permitted by DERM, so they will be asking for a permit • Includes widened public riverwalk • Consistent with the MRC's Miami River Corridor Urban Infill Plan • Consistent with the Miami River Greenway Action Plan Mr. Tucker Gibbs, representing the adjacent property owner Cory Offutt, Biscayne Towing and Salvage / Tow Boat US, restated their opposition to the proposal. Mr Gibbs stated "accessory use" is defined in court precedents and FL Law as "incidental or subordinate", and stated in the proposal the restaurant and lounge is not the "accessory use" while the square footage dedicated for marine industrial use is minimal. Mr Gibbs stated this site is specifically included in the City Comp Plan's "Port Miami River" sub -element, and the proposal is inconsistent with sections: Objective PA -3.1: (PLANNING AND ZONING). The City shall protect the Port of Miami River from encroachment by non water -dependent or non water -related land uses, and shall regulate the Port of Miami River's expansion and redevelopment In coordination with applicable future land use and coastal management goals, objectives, policies (See Policy LU -1.3.3 and Goal CM -3). Pollcy PA -3.1.4: The City shall encourage the establishment and maintenance of Working Waterfront uses along the banks of the Miami River, and to discourage encroachment by Incompatible uses. Some Spring Garden residents expressed support for the Miami River's Marine Industrial businesses and concern regarding allowing restaurants on riverfront sites zoned D3. MRC board members Phil Everingham, whom serves as the Marine Council's designee, and Bruce Brown, President of the Miami River Marine Group whom serves on the MRC stated they wanted more Marine Industrial use in the proposal and this specific site on the River was the wrong site on the Miami River for the proposal because it is zoned D3. Jim Murley referenced his and MRC Greenways subcommittee Chairman Murley's distributed January 2, 2017 memo which states in part: "The applicants have asked to proceed to the full MRC board meeting on January 9, and at the last moment Jim Murley was unfortunately unable to attend the MRC subcommittee's December 19 public meeting. The Miami River Commission Subcommittee's distributed September 14 and November 21 public subcommittee's minutes include this item. Since then the City of Miami and Applicants have provided the following additional information: City of Miami — The Zoning code allows restaurants in this site's more restrictive Marine Industrial D3 zoning category by warrant (i.e. Riverside Wharf's 4 approved restaurants with commercial fishing and River Yacht Club with Van Dutch Yacht sales and private Yacht Club, both of which the MRC recommended approval), and allows restaurants in the more liberal D1 Marine Industrial ' zoning category "as of right" (ie Garcias, Casablanca, Seaspice, Kiki's River). The Zoning code does not allow numerous uses in the Marine Industrial D3 zoning Category, including residential, etc. The City Code requires a water dependent use in marine industrial D3 sites, but does not require nor have criteria to determine that the water dependent use is "primary" while the restaurant use by warrant is "secondary / accessory." PUBLIC DOCUMENT I 1 'a G Submitted into the public record for items) pZ.3 _ Miami River Commission's Urban Infill Subcommittee on 11/16/2017 City Clerk January 17, 2017 Page 5 Applicants — The site will feature dockage and office space for "Yacht Life", a premier yacht charter mobile web -based application which includes various brands of fully crewed luxury boats to charter for half day, full day, or longer, with memberships opportunities for discounted prices. In addition the restaurant will have seafood on the menu and will purchase fresh seafood catches on the site directly from a commercial fishing vessel (requires a "Salt Water License to Retail" and adherence to Hazard Analysis and Critical Control Points "HACCP" requirements). The Miami River Commission considers all items on a case by case basis, specific to each unique location. DERM has indicated this site currently has no boat slip rights, and would have to file an application for the potential of limited boat slip rights. The subject site does not have a strong history of marine industrial businesses. The subject site is located in the "Lower River" and the MRC's adopted Miami River Corridor Urban Infill Plan states on page 25 regarding this specific portion of the riverfront within East Little Havana, "While predominately a residential neighborhood, East Little Havana's waterfront is predominately industrial in nature. Anchored on the east by Jose Marti Park, with a small area zoned restricted commercial, the majority of the East Little Havana waterfront is zoned for waterfront industrial use. While this use is appropriate and desirable, an expansion of allowable uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintain the requirement for a primary water -dependent use would serve to enliven the on -road Greenway planned for this portion of South River Drive (exists today) as well as increase the economic viability of the existing waterfront industrial sites." In addition the proposed plans include a widened section of the public Riverwalk." MRC Urban Infill Chairman Murley stated the MRC recognizes the rights of property owners, adjacent neighbor's rights, and the needs and desires of the community. Chairman Murley noted the MRC's long history of successfully advocating to keep a balance of uses along the mixed-use Miami River District, including the job generating Port Miami River. The MRC's adopted strategic plans therefore recommend three sections of the Miami River, and this site is in the "lower river" (Biscayne Bay to NW 5 ST Bridge) which features high density residential, riverfront restaurants, etc, while the "middle river" (5`s ST Bridge to 22 Ave Bridge) comes down in density and features low density neighborhoods, marine industrial business, the Health District, etc, and the "upper river" (NW 22 Ave Bridge to the salinity dam) is the heart of the Miami River's marine industry. The MRC has always recommended against filling and losing boat slips, but this site doesn't have any legal or physical slips on it today, and proposes to create slips for Yachtlife and a commercial fishing vessel, therefore the fundamental marine use is being created and maintained by the subject proposal. Chairman Murley noted the Comp Plan's required working river covenant and the applicants on the record commitments that they have no intent to negatively impact the adjacent marine industrial businesses and recognition that these permitted marine industrial business opened on the Miami River first, while the "Yachtlife Lounge and Restaurant" is moving in second. MRC Urban Infill subcommittee Chairman Murley reaffirmed the January 2; 2017 memo from MRC Greenways Subcommittee Chairman Martin and himself which concludes: "Therefore we suggest the MRC recommend approval of the updated warrant proposal with a condition that the site demonstrates continued marine use and public Riverwalk per approved plans and letter of intent. In addition, we suggest the MRC adopt a 2nd resolution respectfully recommending the City of Miami insert criteria into their Zoning code to assist in future determinations in D3 warrant applications for Marine Industrial as the "primary use" and other uses allowed by Warrant to be measured as the "secondary / accessory use". The item will be voted on at the full MRC's January 23, 2017 "Special" meeting, noon, 1407 NW 7 ST. PUBLIC DOCUMENT Submitted into the public record for item(s)_ PZ.3 on 11/16/2017 City Clerk Miami River Commission's Urban Infill Subcommittee January 17, 2017 Page 6 II) Consider Pending Warrant Application (#2016-0094) to Allow a Restaurant in D3 Zoning Located at 961 - 971 NW 7 ST (Anchor Marine Boatyard) The MRC's distributed January 9, 2017 public meeting minutes state: "One week prior to the MRC's meeting the following backup materials were emailed to the MRC database: • MRC Greenways Subcommittee's 12/19/16 public meeting minutes • Letter of Intent • Plans The applicant, Mr. Henry Greenberg, Longmore LLC, provided a brief presentation, and provided a letter of intent for a valet parking lot at 1000-1020 & 1030 NW 7 ST. The MRC Greenways Subcommittee's 12/19/16 public meeting minutes state: "The distributed November 21 minutes includes the ls` time this item was considered by the MRC subcommittee. Copies of "Proposed Warrant for Anchor Marine on behalf of Longmore LLC — 961 NW 7 ST Warrant Application Package for Proposed Restaurant Use June 13, 2016" and the projects Oct. 19, 2016 Letter of Intent were distributed. The item was presented by architect Omar Morales, Form Group and Henry Greenberg, Long More LLC. The proposal is an "adaptive re -use" of Anchor Marine Boatyard, with the existing 7,509 square foot building and adjacent outdoor riverfront area becoming a 200 seat restaurant, and the 3,696 square foot building's 1' floor is "marine storage" and the 2nd floor is a "marine charter office" where a vessel charter service will be operated. The site will retain its existing boat slips and they are interested in becoming a water taxi stop. The plans include 8 new parking spots reserved for the restaurant on City of Miami owned 971 NW 7 ST, folio #01-3135-000-0020, and adjacent City of Miami owned Right of Way, which includes 25 feet of unimproved riverfront shoreline. Mr. Cook stated the City's zoning code allows the City to consider waiving the parking requirements because the project is an "adaptive re -use". Mr. John Michael Cornell, representing the adjacent 555 SW South River Drive, noted their site is currently zoned T6-8-0 and in the future wants to have vehicular access through a portion of the City Right of Way located between Anchor Marine's Private Parcel at 961 NW 7 ST and 555 NW South River Drive. Mr. Greenberg stated he is negotiating with a potential valet parking lot in the area that would provide 150 parking spaces, and they would provide more details in writing. Mr. Mark Burns, City of Miami Asset Management, stated the sites current 30 day revocable license agreement issued in 1999 for the previous owners of the current "Anchor Marine" boatyard use (currently has boats, etc.) will have to be updated. The current 30 day license agreement offers the opportunity for one free covered boat slip for use by a City Marine Patrol vessel. Mr. Greenberg stated they still agree to offer this condition, and MRC Director Bibeau stated he recently communicated with the City of Miami Police Department whom indicated the PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 on _11/16/2017 City Clerk Miami River Commission's Urban Infill Subcommittee January 17, 2017 Page 7 Marine Patrol would be interested in using the free covered boat slip required under the 30 -day license agreement. Director Bibeau stated the 25 feet of City owned riverfront adjacent to the private parcel has large invasive Brazilian Peppers, and other issues, and this City owned portion of the riverfront could become a section of the public Riverwalk per the City's adopted Comprehensive Plan, the Miami River Greenway Action Plan and Zoning Code (section 3.11). Currently the existing City owned mesa beige on -road Miami River Greenway enters the subject site from west to east along the riverside of NW 7 ST, and the public pathway could be extended to include this riverfront City owned public right of way immediately south east of the private parcel at 961 NW 7 ST, and then tie back into the existing on -road Miami River Greenway which continues south east along NW South River Drive. Director Bibeau noted if approved, the proposed development would have to pay impact and permit fees to the City of Miami, and perhaps that could be the source of the funding for the needed improvements to this riverfront section of City owned public right of way. Dr Ernie Martin stated he is President of the Spring Garden Civic Association which is a low- density designated historic residential neighborhood located directly across the Miami River from the subject site which currently operating Anchor Marine boatyard. Dr Martin asked about the noise restrictions from the proposed new restaurant at night, and Mr. Cook, City of Miami Planning Department, replied they would be required to abide by the City's current noise restrictions as established in the City Code. Mr. Greenberg stated the proposal is for a fine dining restaurant, not a night club. Mark Bailey, Miami River Marine Group, Philip Everingham, Marine Council and Cory Offat, Biscayne Towing and Salvage, noted Anchor Marine boatyard opened 43 years ago and remains in operation today on this site, and is a good example of a long time functioning boatyard use which should be maintained along the Miami River. Mark Bailey, Miami River Marine Group, and Phil Everingham, Marine Council, stated they are not in favor of the presented proposal because it fails to demonstrate the primary use is marine industrial (restaurant secondary accessory use) as required by the sites current D3 zoning and Port Miami River designation in the Comprehensive Plan. Derrick Cook, City of Miami Planning Department, stated the City Zoning Code requires a marine industrial / water dependent use on riverfront sites zoned the more restrictive D3 Marine Industrial category with "Port Miami River" designation in the City's Comprehensive Plan, but there are no specific criteria to determine "primary use" versus "secondary / accessory use". Mr. Greenberg and Mr. Morales agreed to provide an updated Letter of Intent with more information about the sites proposed marine industrial uses such as the "marine storage" and "marine charter office" noted in the plans within the 3,696 square foot building, including the free covered boat slip for a City of Miami marine patrol vessel, valet parking lot location, and amend the plans to show vehicular circulation for the valet and perhaps an extension of the public Miami River Greenway in partnership with the City of Miami on the adjacent City owned property." MRC Director Bibeau read aloud the following portion of the MRC Greenways subcommittee's 12/19/16 public meeting minutes: " PUBLIC DOCUMENT a Miami River Commission's Urban Infill Subcommittee January 17, 2017 Page 8 Submitted into the public record for items) Ez.3 _ on _ 11/16/2017 City Clerk `MRC Urban Infill Subcommittee Chairman Martin did not recommend approval or denial of the subject Warrant applicant, rather expressed the following issues to be considered and addressed by the MRC, City and applicants: 1) Need to include public Riverwalk on adjacent City owned riverfront connecting on both ends to the City's existing adjacent on -road Miami River Greenways along NW 7 ST and NW South River Drive 2) Need to identify secured valet parking lot with sufficient parking spaces for the proposed 200 seat restaurant and revise plans to show valet drop off and pickup circulation 3) Need to clarify area of City owned folio and public Right of Way, and update 30 day revocable license agreement to continue providing free slip for City Marine Patrol and allowing potential future vehicular access for adjacent 555 NW North River Drive and public connecting Miami River Greenway. Is there a public process? 4) Concern about erosion of the marine industry as the proposal would displace Anchor Marine boatyard in operation on this "Middle River" site for 43 years 5) Sound mitigation for adjacent residents' Director Bibeau stated the City of Miami's warrant application notification was signed over 30 days ago, therefore the City has the right to approve or deny the application at any time. The MRC adopted a unanimous resolution to defer the item to a "special" MRC meeting on Jan. 23, 2017, noon, 1407 NW 7 ST." Mr Henry Greenberg and Architect Omar Morales presented revised plans and an updated Letter of Intent with the following changes: • Plans now include on -road Greenway and public Riverwalk on City owned lands, therefore must be developed by the property owner, City of Miami. • Plans now include valet drop off and pickup area • Despite what was reported in a recent article, the proposal does not include a helicopter landing pad on the roof Mr Greenberg stated the hours of operation are noon -10 PM. Mr Greenberg stated they are still offering a free covered slip for City Marine Patrol vessel. Some Spring Garden residents expressed opposition to the proposal and concern about noise it will generate in their low density neighborhood directly across the narrow Miami River. The Spring Garden residents stated support for the Miami River's Marine Industrial businesses and noted the site's currently operating Anchor Marine Boatyard, and adjacent operating international shipping terminal (555 NW South River Drive) are wonderful operations and neighbors which don't make noise and should continue operations. Director Bibeau recommended extending the depicted on -road Miami River Greenway on City owned public Right of Way to continue west in order to connect with existing on -road Greenway proceeding east along NW South River Drive. The applicants agreed to provide revised plans showing this recommended extension of the public Miami River Greenway on City owned land, which the City therefore controls and has the right to construct and make compliant with City codes and comp plans which require the public Riverwalk, shoreline stabilization, etc. Director PUBLIC DOCUMENT Submitted into the public record for item(s) P'G.3 Miami River Commission's Urban Infill Subcommittee on 11/16/2017 , City Clerk January 17, 2017 Page 9 Bibeau recommended the impact fee the proposal would pay the City could then be used by the City to fund the Miami River Greenway improvements proposed on the City owned land. MRC board members Phil Everingham, whom serves as the Marine Council's designee, and Bruce Brown, President of the Miami River Marine Group whom serves on the MRC stated they do not support the proposal in D3 zoning and Port Miami River designation in the Comp Plan, because it would displace the existing Anchor Marine boatyard in operation for 43 years and counting. Chairman Murley noted unlike the previous agenda item, this site is: • Located in the mixed-use "middle river" where the MRC recommends the marine industry be supported • Has an existing, operating and job generating "Anchor Marine" boatyard in operation for 43 years, which would be displaced if the restaurant is approved. • City should be considered a co -applicant because proposal includes City owned waterfront land • Located across from Spring Garden neighborhood (previous item's site is located across from Lummus Park) MRC Urban Infill Subcommittee Chairman Murley reaffirmed his November 21, 2016 suggestion that the MRC find the current proposal failed to carry burden of proof to demonstrate that this long standing "Anchor Marine" boatyard middle river site's future primary use will remain marine industrial, while the proposed new restaurant is a secondary / accessory use, therefore recommended denial. The item will be voted on at the full MRC's January 23, 2017 "Special" meeting, noon, 1407 NW 7 ST. II� Update Regarding Pending Appeal of Zoning Interpretation on Miami 211Is Waterfront Standards, Section 3.11 The MRC's distributed January 9, 2017 public meeting minutes state: "MRC Director Bibeau stated the MRC hasn't received the City of Miami Zoning Administrator's revised draft Zoning Interpretation, therefore the item was deferred to the MRC's "special" meeting on Jan. 23, 2017, noon, 1407 NW 7 ST." The MRC's distributed December 19, 2016 Greenways subcommittee minutes state: ""Chairman Aguirre stated on November 2 the City of Miami Zoning Administrator issued a Zoning Interpretation which removes the City of Miami Zoning Code's Waterfront building setbacks, view corridor setbacks and public Riverwalk requirements along the Miami River west of the 5 ST Bridge (Miami 21 Section 3.11 and Appendix B). Since then, the City of Miami Zoning Administrator provided a distributed draft revised zoning administration, which reinserts these important legal requirements into the Zoning Code, as they have been since Miami 21's adoption. The current Zoning interpretation is appealable for only 15 days, which expires on November 17. PUBLIC DOCUMENT Miami River Commission's Urban Infill Subcommittee January 17, 2017 Page 10 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk MRC board members asked Director Bibeau for additional background information. Director Bibeau replied long before the current Miami 21 Zoning Code was adopted estimated 7 years ago, the public at referendum approved inserting these waterfront building setbacks, view corridors and public walkways along Biscayne Bay and the Miami River, up to the 5th ST Bridge into the City Charter. When the City of Miami presented the draft new zoning code, Miami 21, to the public and the MRC, the Code clearly stated, "In addition to the Miami City Charter requirements, the following Setback, walkways, and waterfront standards shall apply to all waterfront properties within the City of Miami, except as a modifications to these standards for all waterfront properties may be approved by the City Commission pursuant to the procedures established in the City Charter." Expanding the City Charter requirements which had been limited geographically to Biscayne Bay and the Miami River up to the 5 ST Bridge would in addition now apply to "all waterfront properties within the City of Miami". Since Miami 21's adoption estimated 7 years ago, including Section 3.11, these "Waterfront Standards" have been applied, as required by the Code, to 4 developments on the Miami River located west of the 5 ST Bridge. The Issued Zoning interpretation now only applies these legal requirements for the public Riverwalk, waterfront building setbacks and waterfront view corridors to Biscayne Bay and the Miami River east of the 5 ST Bridge. The Miami River Commission unanimously agreed to file an appeal to the Zoning Interpretation, j and continue working with the City of Miami towards amending or reversing the issued Zoning Interpretation, in order for the Code's legal requirements for waterfront walkways, building setbacks and view corridors to remain in place for the entire Miami River and all connecting waterways (up to the salinity dams or terminus, whichever comes first)." Director Bibeau reported he has been reaching out to the City's Zoning Administrator, but is yet 0 to receive an updated draft zoning interpretation or reversal after the one referenced above, "the City of Miami Zoning Administrator provided a distributed draft revised zoning administration, which reinserts these important legal requirements into the Zoning Code, as they have been since Miami 21's adoption." Director Bibeau stated he hopes to finalize reinserting the Miami River and its tributaries west of 5 ST into section 3.11 and Appendix B before the MRC's Appeal is considered by the City's Planning Zoning and Appeals Board, so the appeal maybe dropped. The meeting adjourned. I t PUBLIC DOCUMENT C I Miami River Commission's Urban Infill Subcommittee January 17, 2017 Page 11 to I] A 1 1 NAME 1�✓i 4IJ �riM'S�% aor le, i�I,AR:c� Cohµa l rar re* r oLz at vi Miami River Commission's Urban Infill Subcommittee Tuesday, January 17, 2017 3:00 PM 1407 NW 7 ST Miami, FL ORGANIZATION GT tty h ti Gt "X,, IZ i Jr i ✓ etiJ C..,j; c-vvit �j LA s\,nIpj, Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk PHONE / FAX / E-MAIL Dbt*r*,r %C,TL0W-t ^- (-Kr,r) S r� m I'Ci v�1 c) V. Co M 3 o a` 3Z �Sc) -acs .�I Sy KKbe(jnTc.-_l PUBLIC DOCUMENT C L . i fas .i3 i 3 L %'X,rw I),. i C �y�1. \ . �• jlisFi�1 'l�4 �t�iSAl� ritT Cz► K -� �-�-5 1 1 Miami River Commission's Urban Infill Subcommittee January 17, 2017 Page 12 NAME hENa�� ?AR'A Submitted into the public record for item(s) pz.3 on 11/16/2017 City Clerk Miami River Commission's Urban Infill Subcommittee Tuesday, January 17, 2017 3:00 PM 1407 NW 7 ST Miami, FL ORGANIZATION A (4 M I k vgr�10416� GT PUBLIC DOCUMENT PHONE l FAX I E-MAIL 200 - 92-S) 305 200 SISI 3 Ij G Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk Miami River Commission Meeting Minutes January 23, 2017 Mr. Horacio Stuart Aguirre, Chairman of the Miami River Commission (MRC), convened the public meeting at noon, January 23, 2017, 1407 NW 7 ST. Miami River Commission (MRC) Policy Committee Members and/or Designees attending: Chairman Horacio Stuart Aguirre, Appointed by the Governor Patty Harris, designee for Governor Frank Balzebre, designee for Miami -Dade County Mayor Gimenez Gary Winston, designee for State Attorney Neal Schafers, Designee for Downtown Development Authority Philip Everingham, designee for the Marine Council Sandy O'Neil, designee for Greater Miami Chamber of Commerce Bruce Brown, Miami River Marine Group Ernie Martin, Neighborhood Representative Appointed by City of Miami Sallye Jude, Neighborhood Representative Appointed by Miami -Dade County Duber Lazardo, designee for Sara Babun MRC Staff: Brett Bibeau, Managing Director Others attending interested in the River: Please see attached sign in sheets 1) Consider Pending Warrant Application to Allow "Yachtlife (Charters and Sales) Lounge and Restaurant" in D3 Zoning Located at 125,129 and 131 NW South River Drive The MRC's Urban Infill Subcommittee's previously distributed January 17, 2017 public meeting minutes state in part: "`The MRC's January 9, 2017 public meeting minutes were distributed stating: "One week prior to the MRC's meeting the following backup materials were emailed to the MRC database: • MRC Urban Infill Subcommittee's 9/14/16 public meeting minutes • MRC Urban Infill and Greenways Subcommittee's 11/14/16 public meeting minutes • MRC Greenways Subcommittee's 12/19/16 public meeting minutes • Letter of Intent with exhibits • Plans (sent 1/2/17 and revised plans emailed 1/7/17) Submitted into the public record for item(s) PZ.3 on 11/16/2017 . City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -2- Shahab Karmely, Kar Properties, Nick Cardozo, Yachtlife, his Escarra, Greenberg Traurig, and Renate Paris and Gustavo Berenblum, Berenblum, Busch Architecture, showed a video, provided copies and presented "Yachtlife (charters and sales) Lounge and Restaurant". Ms. Escarra stated the site is zoned D3 and Land Use is Port Miami River, therefore the water dependent primary use will be "Yachtlife" charters and sales, and a designated slip for a commercial fishing vessel will bring fresh seafood catches which will be kept live in tanks, and then visitors may pick out their seafood and purchase it to take home, or have it cooked and eaten at the restaurant. They are seeking a Warrant to allow a restaurant, featuring a public Riverwalk, as a secondary use, which will be utilized by the "Yachtlife" charters and sales, in addition to the planned office space for "Yachtlife". Ms. Escarra stated there is no on-site parking as all parking will be valet at the identified nearby vacant lot. Mr. Karmely noted Kar Properties will develop One River Point, which the MRC previously recommended approval of, and noted his commitment and belief in the Miami River District. Ms. Escarra stated the site currently does not have any permitted slips, therefore they will submit: an application to allow boat slips. Ms. Escarra provided copies of the site's history of certificates of use for the site which does not have a strong marine industrial past, and has been vacant for many years. Mr. Karmely and Ms. Escarra noted all 4 previous warrants for accessory uses in D3 zoning were recommended for approval by the MRC, and approved by the City Commission, including but not limited to Riverside Wharf (4 restaurants with commercial fishing element) and River Yacht Club (restaurant with Van Dutch Yacht Club and Sales). Ms Escarra provided copies of the MRC's adopted strategic plan, the "Miami River Corridor Urban Infill Plan" page 25, within the section regarding the riverfront within East Little Havana, "While predominately a residential neighborhood, East Little Havana's waterfront is predominately industrial in nature. Anchored on the east by Jose Marti Park, with a small area zoned restricted commercial, the majority of the East Little Havana waterfront is zoned for waterfront industrial use. While this use is appropriate and desirable, an expansion of allowable uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintain the requirement for a primary water -dependent use would serve to enliven the on -road Greenway planned for this portion of South River Drive (exists today) as well as increase the economic viability of the existing waterfront industrial sites." Cory Offutt, owner of boatyard and Tow Boat U.S. operator immediately north of the subject site, (151 NW South River Drive) and Tucker Gibbs, Esq, stated opposition to the proposed restaurant and concern that it would pressure the boatyard out of business. Mr. Offutt stated his marine industrial boatyard, located in D3 zoning, and Port Miami River Land Use, operates 24 hours a day, seven days a week, and generates industrial conditions of cranes, noise, lights, etc., which are incompatible with the proposed adjacent restaurant use, and the two uses can't co -exist in harmony. Mr. Offutt stated his boatyard employees 15 people with an average annual income of $50,000, and provides 2,000 - 3,000 tows per year from this site, which is their only location. W. Offutt stated they have a contract with Miami -Dade County to remove derelict vessels, which are towed to the boatyard, broken into pieces and placed into dumpsters. Tucker Gibbs stated he felt the presented proposal did not maintain a primary marine industrial use as required by code and is therefore inconsistent with the sites "Port Miami River" designation in the City's Comprehensive Plan. PUBLIC DOCUMENT The City of Miami's Miami 21 Zoning Code Section 3.11, states "b Waterfront Walkways Design Standards 1. Waterfront Walkways shall be designed and constructed within the waterfront standards in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum shall remain open to the public between 6 AM and 10 PM. Waterfront Walkways are not required within Transect Zones T3, T4 -R, D1, D2 and D3 unless the site is a new Commercial retail, Office or restaurant use." Ms. Escarra stated in addition to the Warrant they are seeking City of Miami's approval to use existing structures, which are not per the current code. Ms. Escarra stated the proposal is to use the sites existing buildings, and features a public Riverwalk which has a 20 foot unobstructed pathway with the exception of one pinch point at the comer of the smaller existing building which is planned to feature the Yachtlife office, and 2 public side -yard pathways to connect the existing public on -road Miami River Greenway along South River Drive to the public Riverwalk. MRC Greenways subcommittee Chairman Martin and Patty Harris recommended the plans to be revised to pull back the corner of the building to widen the public Riverwalk's pinch point. Amanda Smith, City of Miami Planning Department, stated this Warrant application notification was signed today, therefore the City may approve or deny the application no sooner than 30 days from now, followed by a 15 day appeal window. Bruce Brown and Mark Bailey, Miami River Marine Group and Phil Everingham, Marine Council, stated they are not in favor of the presented proposal because it fails to demonstrate the primary use is marine industrial, and the restaurant as a secondary accessory use, as required by the sites current D3 zoning and Port Miami River designation in the Comprehensive Plan. MRC Director Bibeau read the following portion of the distributed non-binding Jan 2, 2017 public memo from MRC Urban Infill Chairman Jim Murley and MRC Greenways Subcommittee Chairman Martin: "Therefore we suggest the MRC recommend approval of the updated warrant proposal with a condition that the site demonstrates continued marine use and public Riverwalk per approved plans and letter of intent. In addition, we suggest the MRC adopt a 2nd resolution respectfully recommending the City of Miami insert criteria into their Zoning code to assist in future determinations in D3 warrant applications for Marine Industrial as the "primary use" and other uses allowed by Warrant to be measured as the "secondary / accessory use". The MRC adopted a resolution to defer the item (9-2) to a "special" MRC meeting on Jan. 23, 2017, noon, 1407 NW 7 ST.' PUBLIC DOC u'MENT Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -3- Ms. Escarra stated they would be providing the "Working River Covenant" as required in the City's Comprehensive Plan for all new riverfront developments, which would indicate they are aware that the Port of Miami River is a working river subject to 24/7 noise, etc. In addition, the current plans now include a wall and landscaping along the subject property line to provide a physical buffer. The City of Miami's Miami 21 Zoning Code Section 3.11, states "b Waterfront Walkways Design Standards 1. Waterfront Walkways shall be designed and constructed within the waterfront standards in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum shall remain open to the public between 6 AM and 10 PM. Waterfront Walkways are not required within Transect Zones T3, T4 -R, D1, D2 and D3 unless the site is a new Commercial retail, Office or restaurant use." Ms. Escarra stated in addition to the Warrant they are seeking City of Miami's approval to use existing structures, which are not per the current code. Ms. Escarra stated the proposal is to use the sites existing buildings, and features a public Riverwalk which has a 20 foot unobstructed pathway with the exception of one pinch point at the comer of the smaller existing building which is planned to feature the Yachtlife office, and 2 public side -yard pathways to connect the existing public on -road Miami River Greenway along South River Drive to the public Riverwalk. MRC Greenways subcommittee Chairman Martin and Patty Harris recommended the plans to be revised to pull back the corner of the building to widen the public Riverwalk's pinch point. Amanda Smith, City of Miami Planning Department, stated this Warrant application notification was signed today, therefore the City may approve or deny the application no sooner than 30 days from now, followed by a 15 day appeal window. Bruce Brown and Mark Bailey, Miami River Marine Group and Phil Everingham, Marine Council, stated they are not in favor of the presented proposal because it fails to demonstrate the primary use is marine industrial, and the restaurant as a secondary accessory use, as required by the sites current D3 zoning and Port Miami River designation in the Comprehensive Plan. MRC Director Bibeau read the following portion of the distributed non-binding Jan 2, 2017 public memo from MRC Urban Infill Chairman Jim Murley and MRC Greenways Subcommittee Chairman Martin: "Therefore we suggest the MRC recommend approval of the updated warrant proposal with a condition that the site demonstrates continued marine use and public Riverwalk per approved plans and letter of intent. In addition, we suggest the MRC adopt a 2nd resolution respectfully recommending the City of Miami insert criteria into their Zoning code to assist in future determinations in D3 warrant applications for Marine Industrial as the "primary use" and other uses allowed by Warrant to be measured as the "secondary / accessory use". The MRC adopted a resolution to defer the item (9-2) to a "special" MRC meeting on Jan. 23, 2017, noon, 1407 NW 7 ST.' PUBLIC DOC u'MENT Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -4- Iris Escarra presented revised plans noting the following 2 updates: 1) Specifically "VanDutch, Palmer Johnson and Tecnomar" yachts will be docked and sold at the site 2) Per the suggestion of a couple MRC board members including MRC Greenways subcommittee Chairman Martin, the pinch point of the site's proposed public Riverwalk was widened by over 100% by tearing out the existing buildings wall and pulling it back as far as structurally feasible, from the current 47" to 111", while the remaining public Riverwalk remains at 20' wide without restaurant tables etc. Ms Escarra stated prior to the MRC's January 23 public meeting on this item they would provide the draft "Working River Covenant" as required by the City's Comp Plan, acknowledging and not objecting to all the Port Miami River's Marine Industrial businesses which generate noise etc. In addition, Ms Escarra stated the owner recognizes the existing marine industrial neighbors which will stay in operation and the proposed "Yachtlife (Charters and Sales) Lounge and Restaurant" which also features a commercial fishing element, has no intent to negatively impact any marine industrial business on the Miami River, including but not limited to Cory Offut's Biscayne Towing and Salvage / Tow Boat US. Ms Escarra stated the concept of primary marine industrial use and secondary restaurant use in not defined in the zoning code, rather is a recommendation of the MRC's Miami River Corridor Urban Infill Plan which they are consistent with by providing Yachtlife vessel charters and sales and a commercial fishing slip to deliver fresh seafood etc. As previously recommended by the MRC subcommittees the proposal's plans now include a 6 foot tall landscaped wall along the property to provide a buffer to Biscayne Towing and Salvage / Tow Boat US. Ms Escarra stated if a Certificate of Use (CU) expires for 6 months, a new warrant would be required. Ms Escarra stated the proposal is: e Consistent with existing Comp Plan e Consistent with existing zoning • No amendments to existing Zoning nor Land Use e This site has a weak marine industrial history e This site currently has no slips permitted by DERM, so they will be asking for a permit e Includes widened public riverwalk e Consistent with the MRC's Miami River Corridor Urban Infill Plan e Consistent with the Miami River Greenway Action Plan Mr. Tucker Gibbs, representing the adjacent property owner Cory Offutt, Biscayne Towing and Salvage / Tow Boat US, restated their opposition to the proposal. Mr Gibbs stated "accessory use" is defined in court precedents and FL Law as "incidental or subordinate", and stated in the proposal the restaurant and lounge is not the "accessory use" while the square footage dedicated y for marine industrial use is minimal. Mr Gibbs stated this site is specifically included in the City Comp Plan's "Port Miami River" sub -element, and the proposal is inconsistent with sections: Objective PA -3.1: (PLANNING AND ZONING). The City shall protect the Port of Miami River from encroachment by non water -dependent or non water -related land uses, and shall regulate the Port of Miami River's expansion and redevelopment in coordination with applicable future land use and coastal management goals, objectives. policies (Sea Policy LU -1.3.3 and Goal CM -3). Policy PA -3.1.4: The City shall encourage the establishment and maintenance of Working Waterfront uses along the banks of the Miami River, and to discourage encroachment by incompatible uses_ PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -5- Some Spring Garden residents expressed support for the Miami River's Marine Industrial businesses and concern regarding allowing restaurants on riverfront sites zoned D3. MRC board members Phil Everingham, whom serves as the Marine Council's designee, and Bruce Brown, President of the Miami River Marine Group whom serves on the MRC stated they wanted more Marine Industrial use in the proposal and this specific site on the River was the wrong site on the Miami River for the proposal because it is zoned D3. Jim Murley referenced his and MRC Greenways subcommittee Chairman Murley's distributed January 2, 2017 memo which states in part: "The applicants have asked to proceed to the full MRC board meeting on January 9, and at the last moment Jim Murley was unfortunately unable to attend the MRC subcommittee's December 19 public meeting. The Miami River Commission Subcommittee's distributed September 14 and November 21 public subcommittee's minutes include this item. Since then the City of Miami and Applicants have provided the following additional information: City of Miami —The Zoning code allows restaurants in this site's more restrictive Marine Industrial D3 zoning category by warrant (i.e. Riverside Wharf's 4 approved restaurants with commercial fishing and River Yacht Club with Van Dutch Yacht sales and private Yacht Club, both of which the MRC recommended approval), and allows restaurants in the more liberal D 1 Marine Industrial zoning category "as of right" (ie Garcias, Casablanca, Seaspice, Kiki's River). The Zoning code does not allow numerous uses in the Marine Industrial D3 zoning Category, including residential, etc. The City Code requires a water dependent use in marine industrial D3 sites, but does not require nor have criteria to determine that the water dependent use is "primary" while the restaurant use by warrant is "secondary / accessory." Applicants — The site will feature dockage and office space for "Yacht Life", a premier yacht charter mobile web -based application which includes various brands of fully crewed luxury boats to charter for half day, full day, or longer, with memberships opportunities for discounted prices. In addition the restaurant will have seafood on the menu and will purchase fresh seafood catches on the site directly from a commercial fishing vessel (requires a "Salt Water License to Retail" and adherence to Hazard Analysis and Critical Control Points "HACCP" requirements). The Miami River Commission considers all items on a case by case basis, specific to each unique location. DERM has indicated this site currently has no boat slip rights, and would have to file an application for the potential of limited boat slip rights. The subject site does not have a strong history of marine industrial businesses. The subject site is located in the "Lower River" and the MRC's adopted Miami River Corridor Urban Infill Plan states on page 25 regarding this specific portion of the riverfront within East Little Havana, "While predominately a residential neighborhood, East Little Havana's waterfront is predominately industrial in nature. Anchored on the east by Jose Marti Park, with a small area zoned restricted commercial, the majority of the East Little Havana waterfront is zoned for waterfront industrial use. While this use is appropriate and desirable, an expansion of allowable uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintain the requirement for a primary water - dependent use would serve to enliven the on -road Greenway planned for this portion of South PUBLIC DOCUMENT Submitted into the public 01 record for item(s) PZ.3 on 11/16/2017 , City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -6- River Drive (exists today) as well as increase the economic viability of the existing waterfront industrial sites." In addition the proposed plans include a widened section of the public Riverwalk." MRC Urban Infill Chairman Murley stated the MRC recognizes the rights of property owners, adjacent neighbor's rights, and the needs and desires of the community. Chairman Murley noted the MRC's long history of successfully advocating to keep a balance of uses along the mixed-use Miami River District, including the job generating Port Miami River. The MRC's adopted strategic plans therefore recommend three sections of the Miami River, and this site is in the "lower river" (Biscayne Bay to NW 5 ST Bridge) which features high density residential, riverfront restaurants, etc, while the "middle river" (5t' ST Bridge to 22 Ave Bridge) comes down in density and features low density neighborhoods, marine industrial business, the Health District, etc, and the "upper river" (NW 22 Ave Bridge to the salinity dam) is the heart of the Miami River's marine industry. The MRC has always recommended against filling and losing boat slips, but this site doesn't have any legal or physical slips on it today, and proposes to create slips for Yachtlife and a commercial fishing vessel, therefore the fundamental marine use is being created and maintained by the subject: proposal. Chairman Murley noted the Comp Plan's required working river covenant and the applicants on the record commitments that they have no intent to negatively impact the adjacent marine industrial businesses and recognition that these permitted marine industrial business opened on the Miami River first, while the "Yachtlife Lounge and Restaurant" is moving in second. MRC Urban Infill subcommittee Chairman Murley reaffirmed the January 2, 2017 memo from MRC Greenways Subcommittee Chairman Martin and himself which concludes: `Therefore we suggest the MRC recommend approval of the updated warrant proposal with a condition that the site demonstrates continued marine use and public Riverwalk per approved plans and letter of intent. In addition, we suggest the MRC adopt a 2nd resolution respectfully recommending the City of Miami insert criteria into their Zoning code to assist in future determinations in D3 warrant applications for Marine Industrial as the "primary use" and other uses allowed by Warrant to be measured as the "secondary / accessory use'. The item will be voted on at the full MRC's January 23, 2017 "Special" meeting, noon, 1407 NW 7 ST." The applicants and Tucker Gibbs restated there cases, consistent with the minutes above. Dr. Fran Bohnsack, _former Director of the Miami River Marine Group, asked the MRC to recommend denial of Items I and II, and protect the Port of Miami River. Alberto de La Madrid, owner of Miami Yacht and Engine Works (Miami River boatyard) asked the MRC to recommend approval of agenda items I and II. PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -7- Shahab Karmely stated his adjacent neighbor Cory Offutt, twice asked him to purchase his boatyard site. Mr Karmely added the site's largest building will have the commercial fishing area featuring tanks with live seafood, a fresh seafood market, and a boat slip for a commercial fishing vessel. Mr Karmely stated the entire "Yachtlife" site will be used for yacht sales and charters. MRC Greenways subcommittee Chairman Martin stated this site was in the "lower river" which features riverfront restaurants, high density developments, parks, riverwalks etc. The MRC has always recommended improving Marine Industrial job generating businesses in the Middle and Upper River areas. The applicants stated they are awaiting to open Yachtlife as soon as all permits are issued, including a Marine Operating Permit from DERM. Ms Sandy O'Neil made a motion for the MRC to adopt the MRC Urban Infill Subcommittee Chairman Jim Murley and MRC Greenways Subcommittee Chairman Ernie Martin's suggestion for the MRC to recommend approval of the updated Yachtlife warrant proposal with the following conditions: 1) site demonstrates continued marine use 2) site demonstrates public Riverwalk per approved plans and letter of intent 3) conduct seawall inspection and improvements if needed The motion failed by a vote of 6-5. MRC Chairman Aguirre asked if anyone wanted to make another motion for consideration, and no other motions were made. II) Consider Pending Warrant Application (#2016-0094) to Allow a Restaurant in D3 Zoning Located at 961 - 971 NW 7 ST (Anchor Marine Boatyard) The MRC's Urban Infill Subcommittee's January 17, 2017 previously distributed public meeting minutes state in part: "The MRC's distributed January 9, 2017 public meeting minutes state: `One week prior to the MRC's meeting the following backup materials were emailed to the MRC database: • MRC Greenways Subcommittee's 12/19/16 public meeting minutes • Letter of Intent • Plans The applicant, Mr. Henry Greenberg, Longmore LLC, provided a brief presentation, and provided a letter of intent for a valet parking lot at 1000-1020 & 1030 NW 7 ST. PUBLIC DOCUMENT L L Submitted into the public record for item(s) PZ.3 on _ 11/16/2017 City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -8- The MRC Greenways Subcommittee's 12/19/16 public meeting minutes state: `The distributed November 21 minutes includes the 1 't time this item was considered by the MRC subcommittee. Copies of "Proposed Warrant for Anchor Marine on behalf of Longmore LLC — 961 NW 7 ST Warrant Application Package for Proposed Restaurant Use June 13, 2016" and the projects Oct. 19, 2016 Letter of Intent were distributed. The item was presented by architect Omar Morales, Form Group and Henry Greenberg, Long More LLC. The proposal is an "adaptive re -use" of Anchor Marine Boatyard, with the existing 7,509 square foot building and adjacent outdoor riverfront area becoming a 200-300 seat restaurant, and the 3,696 square foot building's I" floor is "marine storage" and the 2nd floor is a "marine charter office" where a vessel charter service will be operated. The site will retain its existing boat slips and they are interested in becoming a water taxi stop. The plans include 8 new parking spots reserved for the restaurant on City of Miami owned 971 NW 7 ST, folio #01-3135-000-0020, and adjacent City of Miami owned Right of Way, which includes 25 feet of unimproved riverfront shoreline. Mr. Cook stated the City's zoning code allows the City to consider waiving the parking requirements because the project is an "adaptive re -use". Mr. John Michael Cornell, representing the adjacent 555 SW South River Drive, noted their site is currently zoned T6-8-0 and in the future wants to have vehicular access through a portion of the City Right of Way located between Anchor Marine's Private Parcel at 961 NW 7 ST and 555 NW South River Drive. Mr. Greenberg stated he is negotiating with a potential valet parking lot in the area that would provide 150 parking spaces, and they would provide more details in writing. Mr. Mark Burns, City of Miami Asset Management, stated the sites current 30 day revocable license agreement issued in 1999 for the previous owners of the current "Anchor Marine" boatyard use (currently has boats, etc.) will have to be updated. The current 30 day license agreement offers the opportunity for one free covered boat slip for use by a City Marine Patrol vessel. Mr. Greenberg stated they still agree to offer this condition, and MRC Director Bibeau stated he recently communicated with the City of Miami Police Department whom indicated the Marine Patrol would be interested in using the free covered boat slip required under the 30 -day license agreement. Director Bibeau stated the 25 feet of City owned riverfront adjacent to the private parcel has large invasive Brazilian Peppers, and other issues, and this City owned portion of the riverfront could become a section of the public Riverwalk per the City's adopted Comprehensive Plan, the Miami River Greenway Action Plan and Zoning Code (section 3.11). Currently the existing City owned mesa beige on -road Miami River Greenway enters the subject site from west to east along the riverside of NW 7 ST, and the public pathway could be extended to include this riverfront City owned public right of way immediately south east of the private parcel at 961 NW 7 ST, and then tie back into the existing on -road Miami River Greenway which continues south east along NW South River Drive. Director Bibeau noted if approved, the proposed development would have to pay impact and permit fees to the City of Miami, and perhaps that could be the source of the funding for the needed improvements to this riverfront section of City owned public right of way. PUBLIC DOCUMENT Submitted into the public record for items) PZ.3 on 11/16/2017 . City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -9- Dr Ernie Martin stated he is President of the Spring Garden Civic Association which is a low- density designated historic residential neighborhood located directly across the Miami River from the subject site which currently operating Anchor Marine boatyard. Dr Martin asked about the noise restrictions from the proposed new restaurant at night, and Mr. Cook, City of Miami Planning Department, replied they would be required to abide by the City's current noise restrictions as established in the City Code. Mr. Greenberg stated the proposal is for a fine dining restaurant, not a night club. Mark Bailey, Miami River Marine Group, Philip Everingham, Marine Council and Cory Offutt, Biscayne Towing and Salvage, noted Anchor Marine boatyard opened 43 years ago and remains in operation today on this site, and is a good example of a long time functioning boatyard use which should be maintained along the Miami River. Mark Bailey, Miami River Marine Group, and Phil Everingham, Marine Council, stated they are not in favor of the presented proposal because it fails to demonstrate the primary use is marine industrial (restaurant secondary accessory use) as required by the sites current D3 zoning and Port Miami River designation in the Comprehensive Plan. Derrick Cook, City of Miami Planning Department, stated the City Zoning Code requires a marine industrial / water dependent use on riverfront sites zoned the more restrictive D3 Marine Industrial category with "Port Miami River" designation in the City's Comprehensive Plan, but there are no specific criteria to determine "primary use" versus "secondary / accessory use". Mr. Greenberg and Mr. Morales agreed to provide an updated Letter of Intent with more information about the sites proposed marine industrial uses such as the "marine storage" and "marine charter office" noted in the plans within the 3,696 square foot building, including the free covered boat slip for a City of Miami marine patrol vessel, valet parking lot location, and amend the plans to show vehicular circulation for the valet and perhaps an extension of the public Miami River Greenway in partnership with the City of Miami on the adjacent City owned property.' MRC Director Bibeau read aloud the following portion of the MRC Greenways subcommittee's 12/19/16 public meeting minutes: `MRC Urban Infill Subcommittee Chairman Martin did not recommend approval or denial of the subject Warrant applicant, rather expressed the following issues to be considered and addressed by the MRC, City and applicants: 1) Need to include public Riverwalk on adjacent City owned riverfront connecting on both ends to the City's existing adjacent on -road Miami River Greenways along NW 7 ST and NW South River Drive 2) Need to identify secured valet parking lot with sufficient parking spaces for the proposed 200 seat restaurant and revise plans to show valet drop off and pickup circulation 3) Need to clarify area of City owned folio and public Right of Way, and update 30 day revocable license agreement to continue providing free slip for City Marine Patrol and allowing potential future vehicular access for adjacent 555 NW North River Drive and public connecting Miami River Greenway. Is there a public process? 4) Concern about erosion of the marine industry as the proposal would displace Anchor Marine boatyard in operation on this "Middle River" site for 43 years 5) Sound mitigation for adjacent residents' PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -10- Director Bibeau stated the City of Miami's warrant application notification was signed over 30 days ago, therefore the City has the right to approve or deny the application at any time. The MRC adopted a unanimous resolution to defer the item to a "special" MRC meeting on Jan. 23, 2017, noon, 1407 NW 7 ST.' Mr Henry Greenberg and Architect Omar Morales presented revised plans and an updated Letter of Intent with the following changes: • Plans now include on -road Greenway and public Riverwalk on City owned lands, therefore must be developed by the property owner, City of Miami. • Plans now include valet drop off and pickup area • Despite what was reported in a recent article, the proposal does not include a helicopter landing pad on the roof Mr Greenberg stated the hours of operation are noon -10 PM. Mr Greenberg stated they are still offering a free covered slip for City Marine Patrol vessel. Some Spring Garden residents expressed opposition to the proposal and concern about noise it will generate in their low density neighborhood directly across the narrow Miami River. The Spring Garden residents stated support for the Miami River's Marine Industrial businesses and noted the site's currently operating Anchor Marine Boatyard, and adjacent operating international shipping terminal (555 NW South River Drive) are wonderful operations and neighbors which don't make noise and should continue operations. 01 Director Bibeau recommended extending the depicted on -road Miami River Greenway on City owned public Right of Way to continue west in order to connect with existing on road Greenway proceeding east along NW South River Drive. The applicants agreed to provide revised plans showing this recommended extension of the public Miami River Greenway on City owned land, which the City therefore controls and has the right to construct and make compliant with City codes and comp plans which require the public Riverwalk, shoreline stabilization, etc. Director Bibeau recommended the impact fee the proposal would pay the City could then be used by the City to fund the Miami River Greenway improvements proposed on the City owned land. MRC board members Phil Everingham, whom serves as the Marine Council's designee, and Bruce Brown, President of the Miami River :Marine Group whom serves on the MRC stated they do not support the proposal in D3 zoning and Port Miami River designation in the Comp Plan, �tbecause it would displace the existing Anchor Marine boatyard in operation for 43 years and _.. counting. Chairman Murley noted unlike the previous agenda item, this site is: • Located in the mixed-use "middle river" where the MRC recommends the marine industry be supported • Has an existing, operating and job generating "Anchor Marine" boatyard in operation for 43 years, which would be displaced if the restaurant is approved. Lk PUBLIC DOCUMENT Submitted into the public record for item(s) PZ.3 on 11/16/2017 i City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -11- • City should be considered a co -applicant because proposal includes City owned waterfront land • Located across from Spring Garden neighborhood (previous item's site is located across from Lummus Park) MRC Urban Infill Subcommittee Chairman Morley reaffirmed his November 21, 2016 suggestion that the MRC find the current proposal failed to carry burden of proof to demonstrate that this long standing "Anchor Marine" boatyard middle river site's future primary use will remain marine industrial, while the proposed new restaurant is a secondary / accessory use, therefore recommended denial. The item will be voted on at the full MRC's January 23, 2017 "Special" meeting, noon, 1407 NW 7 ST." Several Spring Garden residents whom live in the historically designated low density neighborhood directly across the River from the proposed restaurant, stated the currently operating Anchor Marine boatyard is a good neighbor which does not make any noise after 5 PM on weekdays and is closed on weekends, and the proposed restaurant would generate noise at night and disrupt their quality of life. The residents stated in this middle river section the MRC's strategic plan calls for the preservation of their historic low density neighborhood and marine industrial businesses such as the current Anchor Marine boatyard. Mr. Greenberg stated the proposal is for a restaurant which will close at 10 PM, and does not include a Night Club nor Disco. The site's owner, Babba Joshua Yesharim, stated the site will use sound engineers to minimize the noise across the River by pointing the speakers in the opposite direction and using sound proofing materials. Mr. Cook, City of Miami, stated the restaurant must comply with the City of Miami's Noise Ordinance, CH. 36, or will be shut down. Dr Ernie Martin made a motion that the :MRC recommends denial of the subject Warrant application for a restaurant in D3 Marine Industrial zoning, based on the loss of the existing Anchor Marine boatyard, noise which would disrupt the surrounding low density residential neighborhoods, inclusion of the City Parcel without a current agreement, and an incomplete public Riverwalk. The motion was unanimously adopted by the MRC. Sandy O'Neil moved a 2°d motion as previously suggested by MRC Urban Infill Chairman Murley, respectfully recommending that within 3 months the City of Miami insert criteria into their Zoning code to assist in future determinations in D3 warrant applications for Marine Industrial as the "primary use" and other uses allowed by Warrant to be measured as the "secondary / accessory use'. The motion was adopted 8-2. The meeting adjourned. PUBLIC DOCUMENT 1 A 1 Miami River Commission Public Meeting Minutes January 23, 2017 -12- NAME ost H f�-Aw c 1/L ��w)J WAW �— &pip- TW,kAr C. k) ku till 1i 4dk Wl,-, 1 I� me•^� 6 (ISI-KVo RENn-rE I*k%4 Miami River Commission Public Meeting Monday, January 23, 2017 Noon 1407 NW 7 ST Miami, FL ORGANIZaATION Submitted into the public record for items) PZ,3 on __ 11/16/2017 City Clerk PHONE / FAX / E-MAIL IL C 0 _ r , - 1 f C,.,T— r- 121rhbIN b3A PUBLIC DOCUMENT e sum^+ % dq 4 T6,e.... cn•. U h -SAA WI . Cc #A RP �O w n7 Axis . corl v� 1 1 1 1 1 Submitted into the public record for item(s) PZ -3 on 11/16/2017— City Clerk Miami River Commission Public Meeting Minutes January 23, 2017 -13- Miami River Commission Public Meeting NAME t �_ t-►t�nn �. Q 'FU'—. �rinc5 ��s� eels OR++ �• �ilAcX Monday, January 23. 2017 Noon 1407 NW 7 ST Miami. FL ORGANIZATION PHONE i EAS I E-MAIL Ascoc. .5.. S 305-6��"8SR 3 rh s ll �l�ls e rikr L, �.. i�r��r \y) I! win fl"S ars Muff (V(4x'M) V a L44 �% �S I 4- !r lfTAJ�i /oL� c c 0W"NW6-r„ orf; 'n PUBLIC DOCUMENT 3L -AA..'-, 2tsV I Nt Lw , �u Pri kAIG}M,0ov. CArM� -30S—, k , l LI(a E; D� vo Gr -E? •nn i �c tti... a S a J� Cac.� .0 2f - 1 1 u 1 Miami River Commission Public Meeting Minutes January 23, 2017 -14- NAME �,ccI ®'k),-, e 4 k- w7e" 6 AZ -7 A164 C �rr S j'1ls.t.%JC- C r r% i e- e► j Submitted into the public record for item(s) PZ.3 on 11116/2017 City Clerk Miami River Commission Public Meeting Monday. January 23. 2017 Noon 1407 NW 7 ST Miami. FL ORGANIZATION G—m Ce, PHONE / FAX / E-MAIL �S 3 LIY/L C,Y��/JY 41,.4/'v%-7/1%v�(Co�I;�L. 1�PJ 1"0. C' l � V � UCt•-1�•�" �� - -Mr,V, j Q 54\j C7. e aol - taw, �l%erZfc L�rv�Kc R��� iY rLnL.SE.� �r�Z jo5-LAgS �IV `t O'er" 1<4a -12P b�sB3A Soy I�u� Yes u��-�� PUBLIC DOCUMENT L I W. TUCKER GIBBS, P.A. ATTORNEY AT LAW P.O. BOX 1050 COCONUT GROVE FL 33133 TELEPHONE (305) 448-8486 FACSIMILE (305) 448-0773 tuckcr@wtgibbs.com April 19, 2017 Olga Zamora Hearing Boards Office City of Miami 444 S.W. Second Avenue, 3rd Floor Miami, Florida 33130 Submitted into the public record for items) PZ.3 on 11/16/2017 City Clerk VIA HAND DELIVERY Re: Appeal of Warrant No. 2017-0004 to allow a food service establishment and outdoor dining within the D3 Transect Zone, and an associated waiver 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 objects to and hereby appeals Warrant No. 2017- 0004 issued on April 7, 2017. (Exhibit "A"). 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. This proposed 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 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 Page 1 of 3 I Em f C Submitted into the public record for items) pZ.3 on 11/16/2017 City Clerk 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 L 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. L' The 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 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. IPage 2 of 3 Submitted into the public record for item(s) PZ.3 on 11116/2017 . City Clerk The requested waiver to allow an adaptive reuse of a q P 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 fasts 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 issuance 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 with briefs and/or memoranda prior to the planning zoning and appeals board f consideration of this appeal. 1_ 1 Sincerely, l_ I W. Tuckerdibbs l� Icc: Biscayne Towing & Salvage, Inc. Page 3 of 3 1 Submitted into the public record for items) PZ.3 on 11/16/2017 City Clerk EXHIBIT "A' VVA 'R IN , :INAL DECISION ;r: r •.• '':lugiITO i InsEscarra, FSJ,r-, 1 ,_-.; t,0..c <: ,:,�,:•::.�:...:�'ieenbetgTraurig,:PA• . E " °'333 A�2"d Avenue, Mj mi, FL Miami, FL 33131. It• c.,.r.r••••.i 1 laV j •; Frani:: iFtancisco J:�arcia,' }rector r _ .Planning Z :Zoi1i g• o .n b,�}artment Submitted into the public record for item(s) PZ.3 on 11/16/2017 . City Clerk File No. 17-0004 ;r PLEAtE.Z/},kE NOTICE THAT A FINAL DECISION NAS BEEN REACHED ON THE FOLLOWING MATTER: i• �..:..:•.. _Itle:'�;, `= f, Fdod-�S•ervice Establishment & Outdoor Dining (River Arts Building) T Address: •- ---28;127 and 131 NW S. River Dr., Little Havana NET ❑ Approval Q Approval with condition ❑ Denial Prepared by:Luiz Ycentini, Planner 1 305-416-140$ 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: • 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. Submitted into the public record for item(s) PZ.3 on _ 11/16/2017 City Clerk Foe No. 17-0004 FINDINGS •al This apptrcatron is to permit a pnvate yacht club and lounge with yachts es/rentals at the Property with an accessory Food Service Establishment with Outdoor Dining Areas within D3 (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 VUse 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 term includes 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 yesseis 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 includes both an indoor dining area, situated in the western portion of the building, and the Yachtiife 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 hot 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. Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk 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 fishtseafood, 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 Ws 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 pians 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 Reguiatory 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 Pian 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. L_ Submitted into the public record for item(s) PZ.3 on 11/16/2017 . City Clerk 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, 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. 12. Any concems' 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 of 444 SW 2nd Ave., 3rd Floo Viall f, FL -33130. Telephone number (305) 416-2030. Department 4 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk DECISION File No:17004 'j,' 44 i i '.''1' ,` MLE 4 TABLE 12 61 Yn a ;_� ol!�o Alia is subject to conditions. I.X*No applle t theme, subject to review and approval. IIlCUBP 0111ATE0- OESf AT f�EVIEW . RITER{��� ,BUILDING DISPOSITION/ Applicability Compliance Spon i-th-e physice. n xt taking into NIA - Ys`e�a�ion J�`ij, atural,a existing , urban "iJrags e4'r entions° {2) For 8ui in s -on" rner Lots, design Facades to N/A - acknowledge all Frontages. (3) For -modifications of nonconforming Structures. NIA - See Article 7,*Section 7.2 for specific regulations (4) Create 'transitions in Height and mass with NIA - Abutting properties and Transect Zones. 11) BUILDING CONFIGURATION: Applicability Compliance (1) Articulate the Building Fagade 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. Fagades that respond primarily to human NIA - scale. (5) Promote pedestrian interaction. N/A - (6) Design all walls as active Fagades, 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, N/A such . as trash .dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and Submitted into the public record for item(s) PZ.3 on 11/16,12017 City Clerk Neighborhood. (2) Provide functional and aesthetic signage identifying Building addresses at the entrance(s). VID AMBIENT STANDARDS: (1) Provide lighting appropriate to the. Building and landscape design in a manner that coordinates with signage and street lighting. . (2) Orient outdoor lighting to minimize glare to the public realm and adjacent properties. (3) Protect residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. 7 File No. 17-0004 NIA'* - Applicability Compliance NIA - NIA - Yes Yes* 0 1� I Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk ms's City of Miami City Hall - 3500 Pan American Drive PZAB Resolution ,.,.. ,,,,, Miami, FL 33133 +..,. �.` www.miamigov.com Enactment Number: PZAB-R-17-033 File ID: 2216 Final Action Date: 5117/2017 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 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk 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 'o 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 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 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. iran isco Garcia, Director Execution D to Plan 'ag'and Zoning Department STATE OF FLORIDA) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority,_ ZG r -n0 G+ , 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 DAY OF Ole , 2017. Sa\j Ganzo I-ez Print Notary Name otary Pd c State of Florida Personally known or Produced I.D. gtiKt' SILM f30N to My Commission Expires: V'. MvcoMMrssIoN#cccst561 Type and number of I.D. roduced b EXPIRES:N01Wb130,M20 Did take an oath _ or Did not take an oath !„t.,' 8W dThuNotsryau6uCu„pW„ry�„ Im 3 OF 3 File 2216 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 1-1 0 CITY OF MIAMI - PLANNING. ZONING & APPEALS BOARD COMMISSION CHAMBERS 3500 Pan American Drive, Miami. Florida May 17, 2017 6:30 p.m. E X C E R P T ITEM NO: 125, 127, 131 NORTHWEST SOUTH RIVER DRIVE PZAS-R-17-033 File ID #2216 BOARD MEMBERS PRESENT: Charles Garavaglia, Chairman Daniel Alexander Milian, Vice -Chairman Andres Althabe Adam J. Gersten Maria Beatriz Gutierrez Maria Lievano-Cruz Anthony Parrish Juvenal Pina Melody Torrens Manuel Vadilla Chris Collins STAFF PRESENT' Barnaby L. Min, Deputy City Attorney 3 CHAIRMAN GARAVAGLIA: Thank you. Do we have any requests for absentee waivers tonight? THE CLERK: No. CHAIRMAN GARAVAGLIA: Thankyou. (All Witnesses were sworn i..) CHAIRMAN GARAVAGLIA: Are there any requests to change tonight's agenda? UNIDENTIFIED SPEAKER: Yes, Mr. Chairman. I would like to base tonight's decision, for the record, it Is going to be passed along by the — CHAIRMAN GARAVAGLIA: I'm sorry, I didn't understand the request. UNIDENTIFIED SPEAKER: Yes, air. I would like to amend an item substitution, for the record. CHAIRMAN GARAVAGLIA: Okay. Which item? THE CLERK: One moment, Mr. Chair. We are going to read into the record the first item. CHAIRMAN GARAVAGLIA: Is this the item that you are going to have an adjustment on? THE CLERK: Yes, Mr. Chairman. UNIDENTIFIED SPEAKER: Yes. CHAIRMAN GARAVAGLIA: And we need to read the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 2 CHAIRMAN GARAVAGLIA: Can you call the roll, please. THE CLERK: Mr. Parrish? BOARD MEMBER PARRISH: Present. THE CLERK: Mr. Aithabe? BOARD MEMBER ALTHABE: Here. THE CLERK: Mr. Collins? BOARD MEMBER COLLINS: Here. THE CLERK: Ms. Lievano-Crm? BOARD MEMBER LIEVANO-CRUZ: Here. THE CLERK: Mr. Garavaglia? CHAIRMAN GARAVAGLIA: Here. THE CLERK: Mr. Gersten? BOARD MEMBER GERSTEN: Here. THE CLERK: Ms. Gutierrez? BOARD MEMBER GUTIERREZ: Here. THE CLERK: Mr. Milian? BOARD MEMBER MILIAN: Here. THE CLERK: Mr. Pins? BOARD MEMBER PINA: Here. THE CLERK: Ms. Torrens? BOARD MEMBER TORRENS: Here. THE CLERK: Mr. Vadillo? BOARD MEMBER VADH.LO: Here. THE CLERK: We have quorum 4 item into the record in order to have this adjustment placed on the record? THE CLERK: For clarification we are going to hear this Item, in full. So, it is not being modified. We are going to read the title into the record, and then the Planner has documents to submit to the Board. CHAIRMAN GARAVAGLIA: We are going to hear this item. THE CLERK: Yes. CHAIRMAN GARAVAGLIA: Please proceed. Thank you. THE CLERK: PZAB Item 1, File ID 2216. A ' Resolution of the Miami Planning, Zoning and Appeals Board approving or denying the appeal of Warrant No. 20170004, 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 rood service establishment located within a D3 "Waterfront Industrial" Transect 'Lone pursuant to Article 6, Section 63.2 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(6) of Miami 21 to allow the adaptive use to a INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk ki Ll 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 restaurant use in a D3 "Waterfront Industrial" Transect 'Lone 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 dale. UNIDENTIFIED SPEAKER: Goad evening, Mr. Chairman, Members of the Board, public. What you have before you tonight Is an appeal of a warrant No. 2017-0004 approving conditions by the Planning and Zoning Department. The property is located at 125,129 and 131 Northwest South River Drive, in front of the Miami River edge to the east. The property Is within the Little Havana Net District. The existing zone is designated D3 Transect Zone and is located within the Miami River Greenway Regulatory Designated Standards — Design Standards. As you can see on the subject slide, you have a Boor plan basically dividing the different uses. As you can see, restaurant, commercial fishery and a restaurant, outdoor dining area, and the proposed yacht rental and sales, as well. The Miami River Is on your right, and Northwest South River Drive The warrant was approved based on — it was 7 rentals. And also the appellant claims the proposal does not fulfill the Intent of the Miami River Corridor Urban Infill Plan for the East Little Havana neighborhood. And, finally, the appellant claims that the approval warrant does not serve nor meet any Intent of MCMP of the Miami River sub element that emphasized economic development of the Miami River through a job creation employment opportunities. Based on Stairs analysis, once again, based on Article 4 Table 3, to allow a food service establishment within a deep Transect Zone and pursuant to Article 6 Section 63.2 to allow an outdoor dining area on food service establishment and as a companion of item and waiver approved pursuant to Article 7, Section 7.2.8(B) to allow the adaptive reuse to a Transect 'Lone. All these three findings were in compliance with Miami 21 Code, and that's for the reason for the approval. As well as the staff analysis and findings, the project complies with the following site specific regulations: 1. Working waterfront definition in Florida State Statute. 2. Miami River Corridor Urban Infill Plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTER 6 approved subject to the following, to allow the food service establishment within a D3 Transect 'Lone, to allow an outdoor dining area on the food service establishment, and also an item, waiver approved, to allow the adaptative reuse to a restaurant use in a D3 Transect Zone. Just for the record, just so you know, the sales and also the commercial fishery use was allowed by right. The Planning and Toning Department made the referrals to the Miami River Commission, Miami River Commission Urban Infill and Greenway Subcommittee, and the Net Little Havana. Comments were duly considered and are reflected tonight In the final decision to approve the warrant application and its respective companion waiver. The appellant claims that the proposed food services establishment use fails to meet the requirements set forth in the provisions of the Port of Miami River elements of the City of Miami Comprehensive Plan, the MCMP. And the appellant also claims that the proposed food service establishment use is not an accessory use of the proposed yacht club and lounge, yacht sales and 8 3. Miami River Greenway Action Plan. 4. Miami Comprehensive Neighborhood Plan. Just for the record, I'm going to highlight some of the specifics. On No. 1, working waterfront definition, Florida Statute states that the term recreational and commercial working waterfront means parcel or parcels of real property which provides access to water dependent commercial activities, including hotels, motels as defined in Statute 509.242, or provide access for the public to the navigable waters of the state. 2. Miami River Corridor Urban Infill Plan. East Little Havana, the subject location, waterfront Is zoned for waterfront industrial use. While its use is appropriate and desirable, an expansion of allowable use to include limited office and commercial, between parenthesis, restaurant or retail. As an accessory use only, maintaining requirements for a primary water dependent use would serve to deliver the Greenway Plan for a portion of the South River Drive as well as increase the economic viability of the existing waterfront industrial sites. 3. Miami River Greenway Action Plan, which 5, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk I 7 II L P, l� J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 9 the goals are to improve access to the River, serve as a designation landscape for Metro Miami, and to encourage compatible land use vision for the River. Concluding. Pursuant to Article 7, Section 7.15(8) of Ordinance 13.114, as 1 mentioned of the aforementioned findings, the Planning and Zoning Department recommends the denial of the appeal and the withstanding of approval warrant No. 170004 with the conditions as presented on your package. That concludes my presentation. Thank you very much CHAIRMAN GARAVAGLIA: Thank you. If l could have the attorney — City Attorney Just guide me through who goes next in terms of this appeal of the warrant. MR. KIM: This is an appeal, so Staff has presented what the item Is about. Now the appellant, the individual, the party that Is actually appealing the warrant will make their presentation. After that the appellee, which Is the warrant — the individuals that received the warrant, can make her presentation. You can then — you need to allow public hearing. And R1 activity with heavy industrial Impacts. It employs 15 people with an average income of $50,000 a year. It handles approximately 2,000 tows a year. The restaurant that is being approved through this warrant does not follow the intent of the Industrial Transect and the requirements of the Comprehensive Plan. Now, according to Miam121, the Industrial Transect encompasses land use functions connected with business or activities involving manufacturing, fabrication, assembly, distribution, disposal, warehousing or hulk storage, et cetera. These are heavy industrial uses. Uses in the Industrial Transect include marine -related industrial establishment, and that is a facility that conducts activities associated with construction, repair and operation, storage, unloading of boats and other activities, the primary purpose of which Is to facilitate maritime Industry. What does that mean? It includes all work on vessels which exceed eight feet in width. That Includes vessels and paint and body work, major 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 10 then If you want to allow rebuttal, you may do so. CHAIRMANGARAVAGLIA: Thank you. So, Mr. Gibbs. MR. GIBBS: Good evening. My name Is Tucker Gibbs. I have law offices at 3835 Eutopia Court in Coconut Grove. And 1 would first like to reserve about three minutes for rebuttal, if 1 might. And I. represent Biscayne Towing and Salvage, 151 Northwest South River Drive, and Corey Offitt, who is it's owner. Mr. Ofrtl will be speaking in the public hearing. My client is appealing the warrant that approves the outdoor restaurant use next door to his towing and salvage facility, in a protected marine industrial area along the Miami River. And that's really important to remember. This is a protected area, and it means protected for industrial uses. This proposed restaurant, which is what was approved at the — by the warrant, is incompatible with his intense marine industrial use. His business includes towing and deconstruction of derelict vessels. It operates 24 hours a day, seven days a week It involves heavy industrial 12 engine work overhaul, can be considered marine -related industrial activity. Also includes shipping, boatyards, marinas, commercial fishing often yards, and tug boat operations. I'm telling you all this for the record and for you to understand that nowhere in these descriptions Is the word, restaurant. Nowhere. As an accessory use or as any kind of use, restaurant Is not included in this. Now, the marine -related Industrial establishment definition, the definition of industrial, or the intent of the industrial provisions in Miami 21 has, as its basis, the comp requirements in the Comprehensive Pian, which defines industrial that generally includes activities that would otherwise generate excessive amounts of noise, smoke, fumes, illumiretions, traffic, hazardous waste, or negative visual impact unless its properly controlled. Again, no reference to the word restaurant or food service establishment. The warrant Is not seeking to approve a restaurant that serves these industrial uses, which maybe that is something that would work. The warrant approves a restaurant that is better suited for a commercial INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 1 0 .1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 area. Now, the approval of this warrant is contrary to the Comprehensive Plan objective PA -3.1. And in your warrant it specifically says it meets that requirement. Now, that Is a directive. That section in the Comprehensive Plan is a directive to protect and faster the expansion of waterfront industrial uses, the working waterfront, within the Port of the Miami River. Now, the Port of Miami River — I don't know if you all are familiar with it — it's got a long historic history, from a legal perspective in this town, but the Port of the Miami River is a group of Independent privately -owned small shipping companies, fisheries, vessel repair facilities, marinas along the Miami River from Unincorporated Miaml-Dade County to the mouth of the River. And this room is filled with people, and I would ask them — anybody related to the marine industry who is here In support of this — in support of my appeal, would you please raise your hand? These are people who are representatives they are workers and people who represent the marine industry up and down the Miami River. And the 15 These pieces of properties, like the one we are going to be talking about tonight, right now is vacanL And so people are saying, "Well, let's put something there." But that's the problem Once you put something that is not industrial on that property, it is never going to go back. Put a restaurant, put anything, it's anything commercial, it is not going to go back to Industrial. And it is insidious because it's basically nibbling away at the industrial base at the City of Miami and also Miami -Dade County. These are shallow draft boats that go up and down the River, and some places in the Carribean. That's all that they can get is shallow draft. They can't get the big boats — the big container ships that come out of Dodge Island. They need the shallow draft boats. This is where they go. This is where they dock. The warrant is none of these things that the Comprehensive Plan requires. This type of restaurant use discourages, as 1 said, the working waterfront industrial uses as described in the Comprehensive Plan. The expansion of the working waterfront development compatible with existing marine industrial uses permitted in the Port of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 ,6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTER! 14 Port of Miami River is something that has been fought over for many years because there Is a great deal of effort to push these messy, dirty but necessary industrial uses out of the Miami River, replace them with condominiums in one case, which went to court, and the court ruled that the Port of the Miami River is there to protect the Industry, the working river. And that's what we are here about tonight The properties of the applicant, and my client, are both Included in the Port of the Miami River. And that's also important to remember. The Comprehensive Plan states that the Port of the Miami River must be protected from encroachment by tan -water dependent and non -water -related land uses. And the Comp Plan goes further. It requires the City to encourage and maintain the working waterfront. To discourage incompatible uses. To encourage expansion of the Port of the Miami River, working waterfront. Encourage development in the Port of the Miami River that is compatible with existing industrial use of the property within the Port of the Miami River. This is a shrinking, shrinking area In Miami. 16 the Miami River. And this warrant encourages the erasion of the marine industrial uses along the River, as 1 said. If you approve this warrant, another Industrially zoned property in the Port of the Miami River will be effectively removed, and this warrant approves the continuing transformation of a vibrant working river to a commercial restaurant place of destination. This warrant says, the restaurant is permitted because it's an accessory water -dependent use, somewhere on that analysis and findings. By emphasizing — and this is what they say — it's a water -dependent use. It's an accessory water -dependent use because it emphasizes local seafood and providing dock space for commercial fishing vessels to unload and sell their seafood. And because the Miami River Infill Plan says the restaurants are allowable as accessory uses only. Interestingly, accessory use is not defined, either in Miami 21 or in the Miami River Infill Plan. So, what do you du? I'm a lawyer. So, lint thing 1 do is 1 look — I look in the law INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on —11116/2017 , City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 books, I look In the cases. And, interestingly, I found a case. And the case says Florida Courts define accessory use as a use which is incidental and subordinate to the principal use permitted by the Zoning Code on the pawl. And that's kind of the debate tonighL What's the principal use and what is the accessory use? What they are saying Is, the principal use is the yacht life, it's the brokerage, which is housed in a small, or smallish building that is a little bit over 400 square feeL Now, going back to the definition of accessory use. The previous Zoning Code, some of you may remember Ordinance 11000, the previous Zoning Code defined accessory use the exact same way. They said it is a use that is incidental or subordinate to the principal use. So, according to the applicant and the City, the public restaurant, and this is a public restaurant, is accessory to the private yacht club and the public yacht brokerage business. But there is no slowing how a public restaurant is Incidental or subordinate to a yacht club or and/or a yacht brokerage business. There is no showing, and nothing has been presented, 19 2,081 square feel; the proposed indoor dining area to the south is 1,901 square feet; and the open kitchen 230. The outdoor dining is an additional 1,413 square feet, and the outdoor lounge is an additional 797 square feeL 1 haven't added those numbers up, if they are the same, but they are considerably more if you add up all the restaurants indoor and outdoor. If you Just add up the restaurant that is indoor, that restaurant is a lot more than 410 square feet. And that's the Issue. What I said, and 1 said this to the Miami River Commission, this is the tail wagging the dog. This is about a restaurant, not about this use. MR. KIM: You can keep It. I've got a copy. MR. GIBBS: Approving this warrant allows a restaurant, which is a thinly -veiled principal use that Is not allowed in this location. And that's what this is about. It's about the restaurant. It is not allowed here under the Infill Plan, it is not allowed here under the Comprehensive Plan. I'll say the Miami River Commission, back in January, January 23rd, voted, 1 think it was six 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTER 18 that shows that the yacht club and brokerage business are the actual principal uses on that particular parcel. The applicant has presented no evidence in the form of, for example, the square footage of the yacht club and brokerage showing how it's physically the primary use. It's bigger — it's not bigger, nor has it presented any economic analysis, Including projected income, showing that that is the principal use on that basis. They are Just saying iL This restaurant is the principal use. If you look at those plans that you have in front of you, it shows where the yacht life — and I assume these are the plans. Is this the new thing that was presented to you all? That was Just presented to you? 1 haven't seen JL Is that the one that was riled online? Excuse me. 1 would like to see a copy Just to be sure MR. KIM: There should be some extra copies on that end. MR. GIBBS: I don't want to say something that is untrue, that is why 1 want to look at this. Yes, proposed yacht life lounge is 410 square feet; the proposed indoor dining area is 20 to five, not to approve this. And when 1 say not to approve it, I mean the motion was to approve this particular — recommend approval of this warrant, and the motion failed — the motion to approve failed, and it was six to five. So, this restaurant will accelerate, as I said before, the piecemeal removal of industrial properties along this part of the River, contrary to the specific directive of the Comprehensive Plan. And the directive, again, is to protect existing waterfront industrial properties and to foster the expansion of the working industrial waterfront. The proposed restaurant is neither water -dependent nor water -related. It is not accessory. It Is not incidental or subordinate to a primary use. To the yacht club — it Is not incidental or subordinate to the yacht club or to the brokerage business. I don't know if I've ever seen a restaurant that is attached or accessory to a business, like a yacht brokerage, or a yacht rental, or even in that situation, a public restaurant. It is not compatible with the industrial use. It encourages the expansion and discourages the INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/207.7 , City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 expansion of the Port of the Miami River contrary to the Comprehensive Plan. And, for these reasons, we urge you to deny the warrant. Thank you. CHAIRMAN GARAVAGLIA: Thank you. Now we go to the applicant. BOARD MEMBER LIEVANO-CRUZ: Can 1 ask a question? Mr. Gibbs, question. You said that the warrant failed — the approval failed before the Board? MR. GIBBS: No. The Miami River Commission makes a recommendation. I see Mr. Bebow here. He's the Executive Director, and I understand he is going to speak to it. So, but he will — he'll explain. My interpretation of the Minutes, which I have, Is that the motion was made to recommend approval to this Board, and to the City, and that motion failed. BOARD MEMBER LIEVANO-CRUZ: At the Miami River Commission, not before this body. MR. GIBBS: No, no, no, this hasn't been before this Board. BOARD MEMBER LIEVANO-CRUZ: Okay. MS. ESCARRA: Thank you. Good evening. Iris 23 demarcation for all the different activities. It's consider the Lower River In the Miami River Greenway Plan, and there's a variety of uses that stem with other commercial restaurants that are along the River. Our particular site is Just right here. So, what did our warrant seek? Our warrant sought to allow for a restaurant use. So, this Is Article 4 in the Miami 21 Zoning Code. D3 column is our zoning over here. And it tells you that a food service establishment is allowed by warrant. So, when 1 come in to the City to say we have these buildings, we would like to use the warrant and our Zoning is D3, we have to go through the warrant process in order to have a restaurant use at this location. So, in the Miami 21 it is a permitted use by a warrant. Now, what dues the warrent do? The warrant is approved by the Planning Department. It provides notice to neighbors, and it Is carefully reviewed to make sure that it complies with all the different applicable regulations. We are not seeking a rezoning. We are not seeking a Comp Plan change. So, all the protections in the Comp Plan, in the Port of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI-DADE COUNTY COURT REPORTER 22 Escarra, with Brian Dombrowski, with offices at 33 Southeast 2nd avenue. I'm going to ask for your indulgence this evening because I'm going to have to get very legalese and put a lot of things into the record Just in case ibis gets appealed, so 1 ask for your indulgence. if I seem like I'm reading from the Florida Statutes it's very important for me to put it into the record. With that said, I'm Joined this evening by Shahab Carmell, the developer and the owner of this site. I'm also Joined by Gustavo Berenblum, the architect. The application before you is for this site right here. So, if we use the demarcation of the 5th Street Bridge over here, and work our way down, this Is the entry of the Miami River. So, we have abutting us Mr. OMtl's tow company, but we have surrounding as a variety of different restaurants and other commercial uses. And traditionally 5th Street Bridge, ever since the City Charter was amended in 1978 to add this area, from the 5th Street Bridge to the mouth of the River, was required to have a Riverwalk. So, 5th Street Bridge has always been a natural 24 Miami, in the Code, remains the same. What we are asking for is the use of this site. The site is composed of three different buildings. The building at 125 Northwest South River Drive had a Certificate of Use until 2005 for pleasure craft and sales. The site in the center, at 129 Northwest South River Drive, had a C/U, until 2011 for once. The site at 131 had until 2010 a Certificate of Use for pleasure craft and sales. So, all of these sites have been vacant anywhere from seven to 12 years and have had no legal use. Now, you may hear that there was an once operator there, there may have been somebody living there, and so forth, I'm not sure. But for the City records, lawful legal uses, these sites have been pretty much vacant and underutilized from anywhere from seven to 12 years. Our proposal seeks to revitalize this. We are keeping the buildings. We are doing an adaptive reuse. We are coming into compliance with Section 3.11 of the design standards for walkways. We are creating a public walkway that comes in. If 1 may, there is a public access 5, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 1 2 1 3 4 5 6 7 8 9 10 11 12 n 13 14 15 16 9. 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 25 walkway here. There's a waterfront access along the water, and comes back out, in compliance with your waterfront design standards. Abutting our area are the Industrial uses that provide no public access. Here we are in an industrial site, in a D3 Zone. However, the guidelines of the Miami 21 Code, and the Port of Miami, allow for office, restaurant and commercial uses, and they have guidelines In 3.1 that if you are an office or retail, you are not exempt, you have to comply with the waterfront design guidelines, and we have done our best to comply with all of those in consideration of the adaptive reuse of those buildings. Brian is going to be passing out a booklet to you that has a lot of this information. So, in the D3, amongst a0 the other marina uses, you're allowed office, general commercial and food service establishments by warrant An important factor with regards to the Port of Miami. So, Mr. Gibbs and the appellant raised several issues with regard to protecting the River and protecting the working waterfront river, which we all adhere to, and our developer wants to coexist with the working waterfront But an 27 state's navigable water." So, what is important to them? Make sure that there is access, make sure people are using navigable waters. The other thing it says, "To ensure continued access to all residents and visitors to the navigable waters." Check. Then it says, "Maintain the availability of public access to the navigable waters." So, furthermore, it says, "Legislature further recognizes that the waters of the state are important in engaging to commerce." So, what is this 342.07 stating? That there are various uses for the working waterfront, that there are various uses, both recreational, both commercial, and both industrial, and the three uses need to co -exist. Secondly, it tells you, "As used in this section, the term," so here It Is defining recreational and commercial working waterfront. "Recreational and commercial working waterfront means a parcel or parcels of land which provide access for water -dependent and commercial activities, including hotels and motels." So, it includes not residential uses but 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTER lodging uses, as defined in 509, or provide access to the public for navigable waters of the state. This is what recreational and commercial working waterfront is. Secondly, it says, "Recreational or m comercial working waterfront requires direct access to or a location on, over, adjacent to navigable water. The term includes water -dependent facilities that are open to the public and offer public access to vessels of waters of the State, or that support facilities or recreational, commercial research, or that support government vessels. These facilities include public lodging, establishment, docks, lifts, dry marinas, boat ramps, boat hauling and other facilities." So, it's telling you that there are a variety of uses. So, again, 342, Port of Miami, Miami Comprehensive Plan, which was amended to add various different protection thresholds for the working waterfront, clearly defines it as the working waterfront is not just one use, it's a variety of uses along the river that need to be protected. They all need to be protected; the commercial uses, the residential uses, all of them REPORTERS 26 important factor in the Miami — in the Miami Comprehensive Plan, with regards to the working waterfront 1% in the same policy that he read, PA 3.1, it states that, 'The city shall maintain a working waterfront table of properties to guide future development along the Miami River corridor." The table clearly depicts the location and description of all properties, of the recreational, and I'm going to emphasize this word a couple of times this evening, recreational and commercial working waterfront uses as defined in Chapter 342 of the Florida Statute. So, every time that working waterfront is referred to throughout the whole City of Miami Comprehensive Plan, it refers back to Chapter 342. So, what does Chapter 342 of the Florida Statutes stale? It creates recreational and commercial working waterfronts So, the legislature found it important to adopt a definition of what working waterfront and recreational and commercial uses are. It states: "The legislative recognizes there is an important state interest in facilitating boating and other recreational access to the 28 INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 need to be because they coexist. So, the State Legislature recognized the need to coexist with the variety of uses on the Miami River. The City Code recognizes them because they provided for specific design guidelines that if you are along the River, and you weren't a marina or industrial use, you could have once, you can have commercial, however you had to design your property in a specific criteria. And that is what we have done. Now, to the points that the appellant raised with regards to that. In tab 9C, I included the entire sections of the references that he made. So, with regards to PA3.1, which is a policy, it states that the City shall protect encroachment of non -water -dependent or non -related uses. We have proffered water -dependent uses at this property. The City Planning Staff has conditioned our approval on having these water -dependent uses. We accept the water -dependent uses. We are not in any way saying that we are not going to have them We've encouraged them They have gone out, they have a yacht club, they have a commercial fisherman spot on it. So, we have encouraged water -dependent uses. The client purchased this 31 waterfront consistent with the future land use." Now, if I may take your attention to Tab 9-E In there we raise six different policies where the City has stated, in their Comp Plan, the City shall maintain regulatory incentives and criteria that encourage the preservation of recreational and commercial working waterfront as defined in Chapter 342. So, there is another section of the Comp Plan where they specifically state that they are trying to preserve recreational and commercial working waterfront. Then there is Coastal Management Section 2.1 where it says, "Wherever feasible, increase physical and visual public access to the Miami River." That is what we have done. We have taken a D3 property and provided public access along the riverfront edge because that is part of the design criteria required in Section 3.11 of Miami 21. Coastal Management Section 2.13 says, "The City shall require Riverwalk along private property through its land development regulations." Check. Coastal Management Section 2.14, "The City shall continue to implement Riverwalk guidelines 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTER 30 property because it is on the River. He could have bought land someplace else on the upland to build a restaurant. He didn't just want to build a restaurant. He wanted to build a restaurant on the River. He wants to create a yacht club. He wanted to activate this location. So, he selected this location because of the River, because of his vision to be on the River. Secondly, the appellant raises Policy 3.14, which it says, "City shall encourage the establishment of working waterfront uses." 1 agree. Working waterfront, as defined in the policy, as defined in the Florida Statute, that Is what the City is supposed to protect. These policies were created at a time where the River was being taken over by residential uses and Comp Plan changes were being made, land use changes were being clanged in order to bring residential uses east and remove industrial uses from the River. 1 am not seeking a Comp Plan change, and I'm not seeking a rezoning. I'm seeking a permitted use. Comp Plan Policy 3.15, it says, "The City shall develop and expand the Port of Miami working 32 In accordance with the Miami River Green Way Action Plan." Coastal Management Section 3.11, "Comp Plan and Land Development Regulations will encourage water -dependent uses in order to preserve, again, recreational and commercial working waterfront as defined in Chapter 342, particularly on the Miami River." So, here the appellant raised — and it is in Tab 9.C, Policy 3.16, where it says, 'The City shall encourage only those developments, rezonings and land use amendments in the vicinity of the working waterfront." I'm not seeking a Comp Plan change. I'm not seeking a rezoning. We have requested the permitted use. Secondly, one of the items that was raised was — oh, if I may, just for one second. In the booklet, I have included portions of the Miami River Corridor Plan, and the Miami River Greenway Action Plan. I've highlighted specific sections. If 1 may, what these plans were adopted, I believe It was 2003, yes, Brett would confirm, they were adopted in 2003 which created a vision for the Plan. One of the things at the time that the Comp Plan was changed, was a lot of INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk 7, P J, J WON rr 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 the development that was happening was Inconsistent with the Plan. Here the Miami River Corridor Urban Infill Nan specifically states the following: While use — and this Is now talking about the lower portion of the River in East Little Havana, which is where we are located. "While this use is appropriate and desirable, an expansion of allowable uses, to include limited office and commercial, parenthesis, restaurants or retail as accessory uses only, maintaining the requirements for a primary water -dependent use would serve to enliven the On Road Greenway Plan for this portion of the South River Drive." So here we have a plan, in 2003, Zoning 11000, it was very common to have accessory uses. Miami 21 got adopted In 2010. All the uses were merged and there is no definition necessarily for accessory use. But this Plan referred to having the two uses and allowing office and commercial along the River. Then the Miami River Greenway Action Plan also states, Goal No. 4, this is on Page 5. "Goal No. 4, serve as a destination landscape for Metro Miami objectives. Diversify the land use and destinations found along the River to include more 35 a variety of different uses, and the restaurant, as well. With that, I would like to introduce Shabab Carmell, who is the owner and developer who is going to take a few minutes to talk to you about the vision that he had for the site and the reasons why he selected " site. I can have the architect come up and make a presentation with regards to the plans on-site. However, 1 can have the plans on record to speak for themselves with regards to the adaptive reuse, and then I would like a few seconds for conclusion right after Mr. Carmeli presents. MR. CARMELI: Good evening. Thank you for your time this evening. My name is Shahab Carmeli. I'm a resident of New York. I'm a resident of New York City, and I have offices and operations in Miami, significantly -over the past three years. MR. KIM: We need an address. Pick an address. MR. CARMELI: Which one are you acing, legally? MR. KIM: Give the site address. MR. CARMELI: 2201 North Miami Avenue. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 34 restaurants, retail shops and other River -related business uses." So, this is something that has been in the books for several years with regards to encouraging a variety of uses along the River. Mr. Gibbs also raised a question with regards to accessory and non -accessory. Miami 21 does not have a requirement that it be an accessory. However, in compliance with the previous plans that have been adopted, we found that we needed and should work in coordination with those Master Plans and visions, and included the yacht club, and included the commercial fishery. Now, if you take all those uses collectively, he had you focus on the square footages of those spaces. But the Yacht Club is something that is a lot larger than any space at the site. If you take the square footage of our dockage that we have along the River, it is about 4,000 square feet, which is bigger than the buildings in and of themselves. We have a commercial space. So, I wouldn't focus on necessarily the square footages of the locations but the business of the operation. The yacht club provides for different charter services, provides for sales, provides for 36 We are expanding rapidly so we are choosing spots. It is interesting to be here tonight and talking about the River, and it Is interesting to see that the different visions of the River and the different sources of revenue that the River generates, which are really a symbiotic whole. And I think what this comes down to, in a natural level is, I'm not here tonight seeking to bring an end of the way of life on the River, or to enhance and preserve it. Iris pointed out a significant fact. We spent a large sum to buy this property, an abandoned derelict property, primarily because it is on the River. Why do we do that? Because we want a use on the River. And the use of the River — rivers and cities strive when you have activity, commercial activity, which comes in different forms, you have construction jobs, you have maintenance jobs, you have restaurant workers, you have vendors, you have fishermen and you have the industrial folks who nuke it all happen. Our use along that River, the activity that would bring to that River benefits us, benefits the community at large, but significantly INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 lg 19 20 21 22 23 24 25 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 benefits the marine industry because it is only through the continuous use and expansion of this River, in different guides, these boats that are being towed for industrial use, or these people who Increasingly look at the Miami River for leisure and activity, which in turn means there are more boat owners, more boat users, and there is more activity for the marine industry. So, on a macro level, I think 1 share the same vision for the future of the River and its viability, long term viability and commercial health, which Is a combination of factors, much as cities or complex living organisms, so are rivers. As some of you may know, I'm a big believer In Miami. I'm a big believer of the Miami River. When I came down in 2013, at the time where the City was still recovering from the financial crisis, we had a choice of where to focus on; is it Wynwood? Is It the beach? We specifically chose the Miami River because rivers are the heart of cities, and they are great cities of the world which have rivers that have grown, and changed, and you want to encourage that use. And that use it best utilized for a combination of end users, which it our use, and the services that provides 39 Joke about what are the two happiest days in a boat owner's life, when you buy it and you sell IL We've come up with a concept where we want to bring boat use — boat ownership and the use of Miami's beautiful waterways to a much larger platform of people then those who can afford, or have the band width to own a boat. This benefits us, it benefits the River, benefits the City of Miami, and benefits the marine industry. Mr. Carlton, who Is representing a single individual, who has said, as a matter of fact, and It heard on record saying that, there Is somebody to speak to that who has said, "1 know what you paid next door. I want you to pay me the same, otherwise I'm going to oppose you." Now, if he Is here worried about a marine use industry, why It he trying to strong atm me to buy his property from him? I'm not — I'm not an operator. Ir 1 bought that, 1 don't know nothing about running a boatyard. So, he is representing somebody and bringing the mantel of public defendants and carrying for this industry at large whereas his client it actually selling me, you ought to buy me out or I'm going to hold you up for the next four years. That is what his 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 lg 19 20 21 22 23 24 25 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 lg 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 38 those platforms for the end users to gel the final protect. Mr. Tucker, who kind of has, you know, incredulously pointed to the square footage portion of what makes a yacht club, it's absolutely ridiculous because if you go to any boat show, if you go to the Fort Lauderdale Boat Show, you're walking along the dock and there are boats that are on the water. You don't take boats and put them in a showroom When you do yacht charters sales, when you have commercial fishermen coming in, when you have foot services, Jt is part of — it Is a water way of life. You want people to come there. You want them to have a destination they charter a boat to, you want them to be in a relaxed environment where they come with their family, they are eating, they are drinking and saying, "Hey, you know what, maybe I want to have a boat here." This links to our three-phase rather large project further down the River, at One River Point, which we've appeared in front of you with that, also opposed by Tucker, we have a history here, and one of the uses we have with our private club Is having boat charter services for the residents because the old 40 specific goal is about. My address Is to the hard working men and women here and to point out that we are a healthy, living operational river that brings people, whether they are walking there, whether they are boating there, whether they are driving there, allows us to increase boat usage. The future of boat usage is day boat usage in Miami. Beautiful bays, beautiful rivers. People want to have a destination to go to. When you go to parts of the world where there it very active pleasure boat industry, which pumps tremendous dollars, go to Fort Lauderdale, you will see this for yourself, people like destinations to go to And we are creating that destination. The goal of the food and beverage services is to enhance that. The idea of commercial fisherman can come to the main building where we've created an opening for them and a dockage area, bring their catch-of-the-0ay, and we can sell this, or cook it on site, or sell it to yachts going up and down, sell it to boats going up and down. It's all part of the symbiotic goal. That's our vision We are big supporters of the River, and it is by working together with all the aspects of the different businesses on the INC. (305) 373-5600 Submitted into the public record for item(s) -Z.3 on 11/16/2017 City Clerk D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 41 Miami River, and then enclave, anybody who has been there, it is a restaurant enclave at this point And, in conclusion, to point out again, the reason Mr. Tucker's client is concerned, the real reason is that can he ransom me into paying him, can he blackmail me into paying him, because he's come and said, "I'm concerned that when 1 make noise next door, you will complain. And the fact that 1 don't want you to complain," my response to that was, "Well, shame on me if I'm opening up a place of business next to a boatyard that is making noise, you were there, we are not going to be complaining, and that's on me. Don't worry about it. We don't have the right or ability to come and do anything to shut you down." So, in conclusion, I want to thank you for your time and I apologize for the waste of time of public officials, and elected officials, and volunteers that this entails, but here is the process. And if there are any questions that you have for me, I'll be happy to arnwer them CHAIRMANGARAVAGLIA: Thankyou. MR. CARMELI: Thank you. MS. ESCARRA: With that said, I'm going to 43 CHAIRMAN GARAVAGLIA: Thank you. Mr. Gibbs, do you have some time for rebuttal? MR. GIBBS: My understanding was,1 was to do rebuttal after the public hearing, which would allow me to respond to anything that the public said. CHAIRMAN GARAVAGLIA: You can have rebuttal now. MR. GIBBS: Okay. A couple of Issues that were brought up. Article 4 does provide for a warrant for food service. But my Issue is, that's not in the Comprehensive Plan, and I explained what the Comprehensive Plan said, and not one section of the Comprehensive Plan dealing with the working waterfront talks about a restaurant use. It's just not there. And my understanding is that the Comprehensive — Miami 21 needs to be consistent with the Comprehensive Plan. The property being vacant for seven to 12 years, I've got to tell you something 1 used to sit on this Board when it was the Planning Advisory Board. And when someone came to us and wanted to do something like this, they went to the Zoning Board, the Zoning Board would tell them, go 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI-DADE COUNTY COURT REPORTER 42 let the plans speak for themselves. If anybody has any questions with regards to the site, our architect, Gustavo Berenblum is here. In conclusion, the appellant has failed to establish a valid reason why the proposed project does not comply with the Zoning Code, the Comp Plan and especially the Florida State Statute. Secondly, the appellant raises reasons for appealing our project are generally based on facts before you, but rather on ulterior motives. We ask that this Board support the Planning Department approval with conditions of the warrant We also ask that the Board follow state law on recreational and commercial working waterfront initiatives for the redevelopment of the Miami River. Lastly, I would like to mention that while the Miami River Commission in and of itself, a vote for recommendation did not pass, the Urban Infill Subcomndttee did make a recommendation with conditions recommending to the Miami River Commission that this item be approved based on certain conditions that they put into the mord. With that said, I would like to conclude my presentation and I'm available for any questions. 44 to the Planning Board, change the land use and change the zoning. Do it right. Don't sit there and try to weasel your way into putting a restaurant where a restaurant doesn't belong If the place has been abandoned, then go out and say to the City — say to the City Commission that you want to change it. That's what you need to do. This Is not doing it the right way. Flnally — also, the Statute 342.07 talks about hotels. The hotels are allowed in a recreational and commercial — whatever they call it, recreational and working waterfront. So, my question to Staff is, and 1 would like an answer. Is a hotel or a motel allowed in an industrial district on the River? Would the City allow that? Just because the Statute says, hotels and motels, 1 didn't understand that the Statute can override the City's Comprehensive Plan, even the City's Zoning Code. CHAIRMAN GARAVAGLIA: We'll let them answer once you conclude the rebuttal. You might have more questions. MR. GIBBS: And I also would like to see, where in that Statute does it say the word, restaurant, or the term food service INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11[16/2017 , City Clerk 1 u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 i establishment? It doesn't say that in the Statute. And then it talks about commercial uses. And Ms. Escarra brought up the issue of commercial uses. Are all commercial uses allowed in a D3 now because somewhere it says commercial uses? And, again, where does it say in the Statute, where does it say in the Comprehensive Plan that a working waterfront includes a restaurant? They spoke about the Riverwalk and [he access. My client is all in favor of that. They want to have access to the River? That's great But why do you need to have a restaurant to have access to the River? This warrant and this issue for us Is about the restaurant. Don't get caught up in how they want to package It A restaurant and a Riverwalk are two different things, and we would love to see a Riverwalk. We do not want to see a restaurant there. Let's see, I think that Is it And I thank you for your time. CHAIRMAN GARAVAGLIA: We'll let the City answer your question. If you don't feel they are being answered, we'll let you come back, but we are not going to go back and forth too much. So, if the City comes forward. There were a 47 concludes the presentation, so 1 will open it up to the public. We'll have a two -minute time limit. So, you are welcome to come forward to either microphone. Come on up, Mr. Gibbs. MR. GIBBS: I just wanted to know, if there is new evidence being put into the record, do I have the opportunity to respond to that new evidence? MS. ESCARRA: And I, as well? CHAIRMAN GARAVAGLIA: Let's see what happens. MR. GIBBS: Okay. Thank you. CHAIRMAN GARAVAGLIA: All right So, come up. Either microphone. Two minutes. Name and address. Welcome. MR. DUBIN: Richard Dubin, 4171 Woodbridge Road. I've been working in River for 30 years plus. I have owned and operated shipping terminals, lower, mid and end of the River. So, I've sat on Waterfront Advisory Board, and so forth. Some of the points that I've made, as the attorney would say, she keeps referring to [his as a permitted use. Obviously, it Is not a permitted use, otherwise we wouldn't he in this situation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 46 couple of questions that were asked. 1 would like to get them resolved. UNIDENTIFIED SPEAKER: Can you please restate the question? CHAIRMAN GARAVAGLIA: If you can maybe get — maybe come to the other podium MR. GIBBS: The Statute. The Statute talks about — and Ma Escarra talked about including hotels and motels. "As used in this section, [he term, recreational commercial working waterfront means, a parcel or parcels of property which provides access for water -dependent commercial activities, including hotels and motels, and they have [he definition here." You don't have to put that up. That's what it says. So, the question Is, would the City of Miami approve a hotel or a motel in a Ila district along [he Miami River? UNIDENTIFIED SPEAKER: In response, no, we wouldn't, because it Is not allowed pursuant to Article 4, Table 3. However, for the subject item tonight, it is allowed by a warrant. Thank you. MR. GIBBS: Okay. I'm not going to get into an argument over it. CHAIRMAN GARAVAGLIA: Thank you. That 48 and appealing a few other Boards that have not approved this I've known Corey for 30 -plus years. He has a commercial business that is a necessity for what I do. I'm a ship agent. I have used him a couple of weeks ago where he brings fuel, he has a U.S. Certified Boat. It services from here to Fort Lauderdale. In fact, he took fuel to a boat in Bimini. He services the whole area. And it's not as a past member of the Miami River Marine Group, it is not whether we disapprove of [he restaurant, we just disapprove it of where he chase to do it. And I assume a developer actually, you know, tries to get his ducks in order before he comes here and tries to tell the locals what they can and can't do. Apparently he did it the opposite, he buys and then tries to intimate with some of the language he was using, which I don't think is very fair. In conclusion, I believe that — and I've been in restaurant business before, that you can't have these type of outdoor restaurants next to a commercial that you know Is running things, and for sure there will be complaints. There will be parking complaints. They won't be able to get I INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 1 City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 1 6 7 8 9 10 11 12 13 14 15 ' 16 17 18 19 20 stat 21 22 ' 23 24 25 49 cargo to the boats. They won't be able to get their workers in and ouL There's going to be a hast of police calls that will work when you're right next to this kind of operation. And, lastly, l didn't hear one time — THE CLERK: Two minutes. MR. DUBIN: —what boats are coming, what kind of boats are coming, how many boats are docking there. It was all about the restaurant. Thank you. CHAIRMAN GARAVAGLIA: You mentioned a person named Corey. Hold on. MR. DUBIN: That's the owner of Biscayne — Biscayne Towing. CHAIRMAN GARAVAGLIA: Is that the adjacent property? MR. DUBIN: Yes, the adjacent property. CHAIRMAN GARAVAGLIA: Is that your client? MR. DUBIN: Yes CHAIRMAN GARAVAGLIA: I didn't get that. All right. Yes, sir. MR. TAYLOR: Goad evening. My name is Troy Taylor, 92 Southwest 3rd Street, here in Miami. I'm the president of the Rlverfront Master Association representing 1600 condo owners — 51 Individuals, these risk takers, that are willing to put the money into the Miami River to turn it into something that is mutually beneficial to all. There Is certainly going to be tax revenue, Jobs, enhanced reputation of the Miami River, which up until — which, if left onto itself, has really delved into areas that you have a lot of decay. No one Is talking about the elimination of the industry operations on the River. In fact, I think that Is the attraction to the River. We are not trying to create a new river in Fort Lauderdale with these big mega mansions. We are actually trying to create an environment where it attracts people to the marine industrial environment — THE CLERK.Two minutes. MR. TAYLOR: Excuse me? CHAIRMAN GARAVAGLIA: Two minutes. In conclusion. MR. TAYLOR: So, in conclusion, my thoughts here is that there is someone in the City that would like to see — that don't believe that marine industrial and residential and recreational can coexist, but we certainly believe that that can happen, and by bringing the emnsure to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 50 condo units — 5,000 individuals contributing over $15 million a year into the City coffers. I'm also an avid boat enthusiast and I utilize the services of many of you here. 1 see folks here from Northsmen. There's the gentleman that actually painted the bottom of my boat for $10,000 in January. I see people here from Apex. I see them here from some of the shipping facilities that actually shipped some of the containers down to the Carribean. And we are strongly, strongly in favor of the River Arts Project, and I'll tell you why. On February 11th on CBS 4 they aired a show talking about the new life Bowing into the Miami River, where they talked about this new restaurant, parks, social venues, all being incorporated, not supplanting, incorporating into the backdrop of a working river. In order for this transformation to take place, of this mixed use commercial industrial, you need to have — which would create a Miami River that has not been seen in Florida in many, many, many, many years, you need to have millions of dollars of private investment that the City certainly cannot do, and so we should be embracing some of these 52 industrial world, folks sitting at rivers and walking on parks, and so on and so forth, we actually think it would be an uptake in the Industrial segment on the River that has seen decline, not because people are putting In restaurants, but because it's a lack of exposure to what you guys do. CHAIRMAN GARAVAGLIA. Thank you. Next speaker. MR. BAILEY: I'm sorry someone here thinks this is a waste of time. We disagree. My name Is Mark Bailey. I'm here with the Miami River Marine Group, 3033 Northwest North River Drive. For over 25 years the Miami River Marine Group has represented the working river identity Of the Miami River. Today the Miami River Marine Group represents historic shipyards, marinas, boat repair facilities, marine construction, marine supply, tug and tow operators, cargo shipping terminals and ocean cargo carriers serving shallow draft ports throughout the Carribean. We also enjoy members that are newcomers and oldtimers all supporting the working waterfront. Tonight the Miami River Marine Group is here, along with a INC. (305) 373-5600 Submitted into the public record for item(s) PZ -3 on 11/16/2017 , City Clerk 1, -dA I 2 3 s 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 24 25 n u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 cross section of the Miami River Marine industry, to underscore our support for Biscayne Towing and Salvage, and their appeal of a warrant to allow a restaurant neighboring marine industrial zoned site. Ten years ago, a coalition of Miami River marine industry, marine business associations, alongside Miami residents throughout the community, took strong action to protect Miami's historic working river, and they prevailed. The resulting hard fought Port of Miami River section of the Miami Comprehensive Plan and related Zoning Code serves as the City's guiding development roan acknowledging, and recognizing, and encouraging and protecting the Port of Miami River marine industry from incompatible encroaching development. While the Miami River marine industry continues to struggle to recover after the recession, it is now experiencing strong signs of growth, including new cargo ships, new tug and tow operators, expanding yacht and boat repair facilities, the arrival of Apex Marine, a boat repair facility that moved its location to the Miami River from Fort Lauderdale. All of these 55 19 extended stay apartments. We are part of that group that have spent millions and millions of dollars to be part of the working river. I can tell you that Ifyou look at the old historic pictures, if you want to talk history, across the street from the Miami River Inn was a canoe club, a jazz club, and a restaurant. The canoe club had old vintage photographs, has women in parasols, men in ascots standing up and canoeing. Don't ask me how. So, I think if we go back to historic, I think the use Is absolutely appropriate, which is probably why the Miami River Commission has been so supportive of other restaurants. To not approve this would be inconsistent with what the City has done. 1 don't Imagine Mr. Gibbs that we have all gotten it all wrong. 1 mean, the City has not only have they approved restaurants use along the waterway, they have leased space for restaurant use along the waterway. So, to not allow for restaurants, which we so desperately want on the south side — remember, across the street is residential. This is a residential neighborhood. So, it is industrial uses on the River, but it is a residential neighborhood, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 54 and historic and long standing marine businesses, such as Antillean Marine, and others, provide the economic diversity Miami continues to seek. THE CLERK: Two minutes. MR. BAILEY: The Miami River Marine Group recognizes the multi -use nature of the Miami River today. While a proposed restaurant is welcomed in Miami, however, the working River that everyone says they love, and love to experience, should not be loved to death by squeezing out the Miami Industry. The particular location of this restaurant development — CHAIRMAN GARAVAGLIA: Sir, in conclusion. MR. BAILEY: —I am, Is incompatible with Biscayne Towing and Salvage, Is inconsistent with the City's plan, and appears to be circumventing the Zoning Code. CHAIRMAN GARAVAGLIA: Thank you. Next speaker? MS. JAN: Hello. Alvaret Jan. I live at 720 Northeast 69th Street. I am the owner of the Miami River Inn, which is about a two or three minute walk from the future River Arts Project, hopefully. Built in 1908, 1909. We did a historic restoration. We have 38 hotel rooms, and 56 It's worked out pretty well so far. In fact, we are eager to have another restaurant on the south side of the River. We are — Miami River Inn is In support of the project. And I think that it is compatible. And to the owner of the property next door, not to just use 15 employees. I really hope with the showing of the people in this room that you do not sell your property, and that you are sincere and you concerns for the working river. Thank you. CHAIRMAN GARAVAGLIA: Thank you. Yes, sir. MR. ABRAHAM: Good evening. Phil Abraham, past president of the Marine Council, and I represent the Marine Council and the River Commission. I was also on the Waterfront Board for a couple of years. A long time — 6305 Southwest 58th Avenue, Miami, 33143. Involved In the marine industry for almost 40 years. 1 worked for Merrill Stevens, both here in the Grove and on the River. And my concern is the big picture. Back in the early 2000 when the first condo craze hit the River, the amount of industrial — marine industrial property went from 80 acres down to 40, and then the lawsuit that was INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 1 City Clerk t n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 referenced earlier where three properties that sought land use changes to non -marine use, marine Industrial, the marine industrial side prevailed. However, the pressures continued, and the amount of marine industrial property on the river continues to diminish. And while 1 certainly understand there Is legal standing based on the Miami 21 statute, for the accessory adaptive reuse, clearly 1 can't support, nor can Marine Council, support marine industrial site In essence becoming a restaurant with an adaptive reuse with supposed marine use for the yacht club and the commercial fishing. So, bottom line, the concern we have with the largest number of recreational vessels registered here in Dade County, our marine service capabilities for those yachts continues to shrink, and these are the kind of situations that need to be fought to maintain what little Is left. Thank you. CHAIRMAN GARAVAGLIA: Thank you. Yes, sir. MR. BEBO W: Brett Bowman, Managing Director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. If I may, Mr. Chair, if 1 can give the next 59 of users that are consistent with this plan are not only attracted to the physical buildings, and the location themselves, but most importantly to the type of use that Corey has. It Is part — it is the charm. It Is the charm of the River. So, the fact that there Is conflict between two neighbors Is something that I think, as adults, they should work to get over. But most importantly, and I hate to say this, and 1 hate to say this on the record, but, you know, there Is a bunch of people here that are in support of the River, l am also in support of the River, but the fact of the matter is, and I will confirm what Shahab said, Is if the price was right, Corey wouldn't be sitting here, none of you guys wouldn't be sitting here, and this wouldn't be an issue. So, the fact of the matter is, there is a little bit of a strong arm going on here, and not to, you know, not to say that this isn't a waste Of time, hot ofricially it is a massive waste of time. Thank you. CHAIRMANGARAVAGLIA: Yes,sir. MR. BEBO W: Brett Bowman, Managing Director of the Miami River Commission, offices located at 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTER 58 gentleman an opportunity to speak while I pass out the letters so you don't have to wait for me passing it out. CHAIRMANGARAVAGLIA: Certainly. Yes, sir. MR. CON WAY: Thomas Conway, 8325 Northeast 2nd Avenue. My relationship with the River Is bittersweet. 1 have either been directly or indirectly in a large number of the sales. Bittersweet because they have been for a lot of money. A lot of money usually requires the next user to have a use that generates a lot of money, and so on and so forth. So, you know, from a citizen of Miami standpoint, I wish we had more activations on the River that weren't as costly as what Shahab has had to incur. So, kind of to touch on my introduction and being directly or indirectly involved on the River, I know most of the stakeholders, if not all of them, in the southern quadrant, or whatever you want to call it, on the South River, including Shahab who 1 now lease his property. I sold it to him, and 1 now lease, and can tell you for sure with one thousand percent certainty, that the type 60 1407 Northwest 7th Street I've distributed a letter from our Chairman, Octavio Stuart Aguirre, who apologizes for not being able to be here, he had to attend to an emergency. But I will read his letter into the record. "During a public meeting held on January 23, 2017, the Miami River Commission considered this warrant application, which was subsequently approved by the City of Miami. The Miami River Commission subject adopted public meeting Minutes state in part, quote: ';Hiss Sandy O'Neil made a motion for the Miami River Commission to adopt the Miami River Commission Urban Infill Subcommittee Chairman, Jim Morley, and the Miami River Commission Greenway subcommittee's Chairman, Ernie Martin's suggestion for the Miami River Commission to recommend approval of the updated yacht life warrant proposal with the following conditions: 1. That the site continues to demonstrate use. 2. The site demonstrates public Riverwalk per approved plans and Letter of Intent. 3. To conduct seawall inspection and Improvements, it needed. The motion failed by a vote or six to five. S I INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk s w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 Miami River Commission Chairman Aguirre asked if anyone wanted to make another motion for consideration, and no other motions were made, close quote. Your time and continued strong support for the Miami River District are appreciated. THE CLERK: Mr. Bebow, please submit your letter into the record to the clerk. Thank you. CHAIRMAN GARAVAGLIA: Next speaker, please. MR. HANNAH: Good evening. My name is Dan Hannah. I reside at 92 Southwest 3rd StreeL I'm not an attorney, I'm not the president of a commission, I'm not any type of ownership or any type of business. I'm simply a resident of the City of Miami. I've lived in the City now for a little over a year. I've been a long time resident of Miami -Dade County for about two decades. Resided predominantly in the south end of the County. One of the reasons 1 moved to Downtown Miami Is because of the vision that 1 see going on, and what the developer and some of the other people have spoken today. I live actually right on the Miami River, at the Mint, so 1 have the River right below me, as well as the Metrorail that comes through periodically throughout the 63 we have Fort Dallas anymore. 1 don't think we have Navy vessels patrolling up and down the Miami Harbor. With that being said, I'm all for transformation, I'm all for what's going to benefit the community, as well as on a personal level, my family, and the residents that live with me. Thank you for your time CHAIRMAN GARAVAGLIA: Yes, sir. MR. PLIEGUES: Good evening. My name is Manny Pliegues, 4000 Malaga Avenue, Miami, Florida 33133. I'm also a Board Member of the Miami River Commission, and 1 was one of the votes in favor of this application. And this is the first time that I ever come out, subsequent to me hearing or being a part of a Commission action, because 1 felt pretty strongly about this application. 1 did so because some of you may know, my family and I have had business on the Miami River for many, many, many years, well over 40 years. And coincidentally most of the property that we own — all the property that we own have been within this area. Right adjacent on the 5th Street Bridge and towards Downtown Miami. And, so, this particular area of the Miami River 1 dare say is probably the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 62 day. I have to tell you that I like what 1 see, as far as the development that is going on in the area, and I believe that this plan is part of it. I can tell you that I'm that guy that you'll see running on the street, on riding a bike, or, you know, just going to restaurants with my twin daughters. 1 think a restaurant like this, I think an environment like this would benefit residents, like myself, that actually live in the area, that actually use the area. Prior to that, the only encounter 1 had with the River was actually kayaking, going back to canoes. 1 actually would kayak from Key Biscayne all the way up to the River and then it kind of got a little sketchy and I would turn around. A couple of words that 1 heard today were coexisting and working. If the property hasn't been in use for ten years, why not? Let's put it to use, let's vitalize the community and improve It that much Boor. Talking about history, many of you probably know what Fort Dallas was. Fort Dallas was what Is now Downtown Miami, which was an old — back in 1836, the Navy used to patrol up and down to prevent the Seminoles from trading. I don't think 64 one that Is most — that has the most mixed uses within, because if you go to Downtown, then it's very, very heavy residential. If you go In the opposite direction is very, very, very, very heavy industrial. But the sweet spot of the River is right in that area. That's the sweet spoL That is where you have this really nice mix and this combination. Where I've had my businesses for so many years, and, you know, when the Neo went up, basically right in front of where my business was, I didn't have an issue with it, they didn't have an issue with me. We've coexisted and continue to coexist for many years. 50.1 think that — I think that the fundamental question you all need to ask yourselves is this, if this warrant is accepted, does Mr. Gibbs' client go out of business? Does he disappear? Does he go away? And 1 think that the answer is no. 1 don't think that there is going to be anybody here that will tell you, point blank to your face, that this business will disappear if lhismarrant is approved. And I think that's the fundamental point in all of this. And, so, l kindly urge that you all support the application. Thank you very much. INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk r, 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 CHAIRMANGARAVAGLIA: Thankyou. MR. PLIEGUES: Point of clarification. For that meeting — thank you Brett —1 was not present, I was absent. So 1 did not vote during the time, but as you can see, l am very much in support of the application. Thank you very much. CHAIRMAN GARAVAGLIA: Thank you. Yes, sir. MR. OFFITT: Hi. My name is Corey ORtt I'm the owner of Biscayne Towing and Salvage, 151 Northwest South River Drive You guys hear my heartbeat here? Okay. I've been there about 15 years. I bought it .from Captain Craig. He sold it to an because I was in the marine business. He wanted me to have iL When I bought it, l went down and checked the records, and It was SD4, commercial industrial. It was the type of property that I wanted to do. I'm in the marine towing business. I have to have water to do my business. The location of the property is critical to my business. I'm 1n a marine rescue business. Guys that are out on the Bay and they are disabled, I go out and rescue them. I do 2,500, 3,000 tows a day, and the location of this 67 ten years to flip it He had no Intention of doing any kind of industrial work at all, okay. That's why the property sat the way it did. Well, there wasn't any complaints from me, okay. There wasn't a restaurant there. He was — he was nice to me. One time he had a tenant there that complained about our construction, but she went away alter the City came down and supported me. But basically there was no complaints. I'm not going to complain about him But that doesn't mean that the next buyer doesn't have a responsibility to the Code, and protecting that property. That property — all this stuff that you hear — basically the property is supposed to be left for businesses that have water -dependent They have to have that water. Like, I can't run my business without my boats being able to RoaL 1 need that property. It Is critical. And that's what that means. It Is not a restaurant, hotels, and all this other stuff. It is for — the property has to be on the water. Every one of those things that they talked about, the yacht thing, that is actually an app that doesn't need to be on the water. They need to use that. That property would be perfect for a yacht refit. We 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 66 property is critical. I can't be further up the River, otherwise 1 wouldn't be able to meet my obligations to my customers. So, It is very important that I am in that area. Our work is very industrial, and the reason why I'm here is because I'm afraid of being regulated out of business, and it's not hard for anyone to see that a restaurant and heavy industrial within, literally a few feet, If you look on the board you can see there, you can see the barges, you can see the boats in there, and we are actually within inches of his property. Heavy compressors running, needle guns, people are not going to be in there, they are going to be very uncomfortable, they are not going to want to eat at the place with that type of noise and activity going on right next to them, within 20 feet. The other people have talked about restaurants that are across the River, okay, not that close. THE CLERK: Two minutes. MR. OFFITT: I am concerned because when he bought the property — first of all, let me back up to the first — Jeff, the prior, he bought that property just to flip it, okay, but it took him 68 have carpenters, welders, ship welders, all kinds of jobs. These jobs are important You know, a lot of these jobs are non -college type jobs. Guys learn, you know, they work their way up the trade but they all make good money. It is a good resource. It's a vital resource to Miami. It provides a lot of cash, provides a lot of job opportunities for people that may not have job opportunities. All these people in here, they are not waitresses and hostesses. They are truck drivers, they are captains, they are deck hands, okay. They need — they need places to work, just like a restaurant guy. They can build a restaurant across the street. It can be just as good. The Neo Loft, you guys know where that is, what a great concept, having a condo built on the other side of the River. They still have the same access, the same view, everything, but it is on the other side. CHAIRMANGARAVAGLIA: Youneed—In conclusion. MR. OFFITT: Okay. 1 would like to finish what I'm saying. Anyway, we can work — we can work together. But we have to save the waterfront for waterfront dependent businesses. It is so INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 1 City Clerk 0 0 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Is 16 17 18 19 20 21 22 23 24 25 69 important. This Miami River Is a vital resource that we cannot squander away, and these people back here need you to support — they don't have lawyers. They don't have — you guys have to support these guys. It's your responsibility. CHAIRMAN GARAVAGLIA: Thank you. Thank you. Thank you. Seeing no more speakers, I will close — this gentleman will be our last speaker. Please come forward MR. CATOMY: My name Is Mike Catomy. I'm from 3066 Northwest South River Drive. I own cargo ships. I operate a marina. I use Corey's services several times a week. I would like to elaborate on what he said We don't have any more space on the River to work out of. And every one of these properties that gets lost, it's these guys that lose jobs. It is these guys having to drive to Palm Beach, to Fort Lauderdale, to be able to earn a living. Furthermore, the restaurant being an accessory use to the marine industrial uses that you guys are considering here, while I applaud Mr. Carmeli's proposition here, l think it's disingenuous because you are talking about a yacht 71 development of the City within the Comprehensive Plan has looked at the lower part of the City to put these uses. Am I correct? Can somebody expand on this, please? MS. SMITH: Hi guys Amanda Smith, Planning and Zoning. You are absolutely correct, the lower River is considered the best place for that BOARD MEMBER PINA: Right. When these type of applications come, and in my opinion they fall within the middle River, the upper River, then at that point I can see taking advantage of the working river. Now, a lot of these properties that we've seen when they come to us, they have been sitting there for years, and years, and years, and the working river Is not taking advantage of those properties. So, this Is what happens. Developer comes in, this one falls into the lower river, and now you have opened the trenches for this type of development, which is within the Comprehensive Plan of the City. That's all I have to say. CHAIRMAN GARAVAGLIA: I didn't quite get, Mr. Plna. Where are you landing? BOARD MEMBER PINA: Where am I landing? Is that the City, throughout the years, we've seen 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI-DADE COUNTY COURT REPORTER 70 brokerage and you're talking about commercial fishing. The Manatee Protection Plan — DERM's Manatee Protection Plan will not allow that many vessels to go in and out of that property. Furthermore, he doesn't have enough waterfront to support commercial fishermen, yacht brokerage, plus traffic from a restaurant. So, I would like for you to really consider giving up one of our last — one of the last remaining properties on the River to a restaurant masquerading as something that it is noL Thank you. CHAIRMAN GARAVAGLIA: Thank you. With that, 1 close — I'm closing the public and I'm bringing it back to the Board for comments? Questions? Motions? Mr. Pina? BOARD MEMBER PINA: For the City. We've been seeing this argument for many years with the River and the development. My recollection of the Comprehensive Plan of the City Is that a portion of this was going to be viewed more favorably in terms of the location within the River, dividing the River, the low, the middle, and the upper. This falls within the low. I'm a believer in the working river. It's a working river, and, you know, we need to maintain that. But the 72 this argument going back and forth, maintaining the working river. You know, I'm a believer in the working river. But the City has also, you know, obviously the development of the City has taken a look at the River as a river to be — to be developed in certain manners. The lower river was the location where this would have properly taken place. And, l mean, obvious you're encroaching into — you are not encroaching, but you are taking some of these lands that are sitting there, but the working river is not taking advantage because many years have gone by and every time we see one of these, the property has been sitting there for years, the working river hasn't taken it. And then this being placed in the lower river within the Comprehensive Plan of the City's approach to develop these type of uses, makes sense for the City and makes sense for me. If this was in the middle river, or the upper river, then I would say you're encroaching, but these are properties that are falling within the lower river, and this is where this one falls. That's what I was trying to say. CHAIRMAN GARAVAGLIA: We'll just go down the S t INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 line. Mr. Vadillo? Do you have anything? Mr. Collins? Go ahead. BOARD MEMBER LIEVANO-CRUZ: I'll be very brief. I'll agree with Mr. Pina. 1 think both uses can coexist here. This Isn't a zoning change. We are not looking at a zoning change I don't see how your business will got out of — you know, you'll go out of business if you have this There already are some restaurants along the River. And she brought up a good point, there is residential on the other side, and you have to provide services for, you know, the people that are flying there. So, why not? Why wouldn't they be able to have a restaurant that maybe they can go to? And if people don't want to go because of the loud noises, then he is going to go out of business. So, l think — I think you can have both uses coexist. And I support the City's warrant approval. BOARD MEMBER MILIAN. Okay. 1 have Just a couple of questions One being — I apologize for my voice But the City itself, how do they take into consideration this vote from the Miami River 75 kind of one of the things that are kind of — that I'm weighing on. It actually was a negative vote, and I wanted to know exactly what the City did to kind of compensate and see how they can help so that everybody can coexist MS. SMITH: Absolutely. I'm glad you asked that Actually I was hoping that we can look at this proposed site plan that we did provide to you. This is our approved plan Things to note there is that they are providing a public Riverwalk. That does promote access to the site. They are also providing a buffer that is directly adjacent to the appellant's property. That is very important. That is something that the River Commission requested and throughout the process of us reviewing and the River Commission reviewing, we did have that placed there. They also have moved the yacht rental location to be added as kind of a buffer between that, so it's a physical buffer. Again, where the outdoor dining is placed is father away Brom what could be perceived as an Incompatible use. So, we walked through that and listened to the River Commission's discuses, and quite honestly, extensive review of this project. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI-DADE COUNTY COURT REPORTERS 74 Commission when it was being processed for the warrant? MS. SMITH: Absolutely. The Miami River Commission is a recommending body. That means that we receive the recommendations and we review them extensively. We take these under consideration when we snake our decision. BOARD MEMBER MILIAN: And do they give any sort of recommendations that then you guys went and provided as conditions to them, to the appellee, that they have taken, or not taken, or what is it exactly that you guys did? MS. SMITH: In terms of this project? BOARD MEMBER MILIAN: Speeifieally this project, yes. MS. SMITH: Their recommendations, and I can bring them in front of me, to be absolutely correct, are to maintain — to maintain water -dependent use. That is already a part of the conditions that we placed. The other conditions I would have to get But we do take these under consideration And to my knowledge, without me reviewing them in front of me, yes, we did place them BOARD MEMBER MILIAN: Because forme it is 76 BOARD MEMBER MILIAN: And then the other question that I have, because I'm actually not against this being a restaurant here at all, actually I think it could be something that can be, you know, of use there, for even the industrial people that are there, so they can come and dine, whatever it is. But 1 want to know what the City's — because I would like It to be — I'm sorry, I'm going off on a tangent. You want it to be applied equally to everybody. So, what exactly is the City's interpretation? I don't know if Staff wants to talk on what an ancillary use is specifically, because I'm looking at here, maybe It can be clarified by the appellee, l see multiple kitchens here, and 1 know that one is for the club, or the yacht club, but then there is another one that is a restaurant, but ultimately there's a lot of restaurant applications here and a very small one that 1 can see, as far as the yacht life lounge. So, I just want to know what the City's Interpretation of that is. Because, again, I think this Is, you know, an area that they have actually stated has been empty for a very long period of time. 1 think it is something that definitely needs something. But 1 also want INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk L J M f'. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 77 there to be a clear definition as to what an ancillary use Is, because I think this is really where we are teetering on, is it ancillary or not? 1 think that's the main argument that we are going back and forth. I want to know what the City defines it as, not just that, yes, we approve or we don't approve. MS. SMITH: Absolutely. As you have heard, we don't have an actual definition. However, the way that we have perceived this for this project, the primary water -dependent use is yacht rentals and yacht sales. That is intended to bring people to the site, via what they site as an app. I call it the Uber for boats. I'm not working for them, obviously, but, you know, that basically will bring people to that site, to then engage in that water -dependent activity. Now, the ancillary use is that restaurant, correct But the ancillary use does also tie to a water -dependent use. So, water -dependency is really the important thing for us, that is why we've conditioned the marine operating permits, and, you know, all the further conditions that would assure that that is held. BOARD MEMBER MILIAN: Okay. And does the 79 Secondly, I wanted to point out with regards to the uses, it's a mix of uses that they are going to be — we have a primary use, it is going to be tied to our Certificate of Use that we have to have a marine use. We have to have a yacht dub. We are going to have the commercial. That Is part of the ambiance of what we are trying to create. 1 just wanted to show one thing, because Mr. Fina brought it up. For those of you that weren't here, or may not have been here, this Is an old diagram of the three sections of the River, with the lower, middle and lbe high — upper — low, middle and upper part of the River, and the history that was there in creating these Master Plans, for about 15 years, on creating diverse uses. Thank you. BOARD MEMBER MILIAN: Thank you. I'm ready to go any time. CHAIRMANGARAVAGLIA: All right Can you bring back the visual that you had of the River? And walk me through, what is around your property? Ithinking you had — MS. FSCARRA: So, we are in yellow over here. There are so many things happening. We tried to make this board as easy to read, but it is also a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTER! 78 public have use of the entire — of everything that Is here? MS. SMITH: Yes. BOARD MEMBER MILIAN: On both the lounge area, the kitchen area, the restaurant? Does everybody have access, or Is this going to be more like private on one side, restaurant on the other? I don't know V the appellee wants to answer that question. I'm sorry I'm asking a lot of questions But I'll be very honest, I came in here, you know, after reading this item, and I was — I didn't even think there was going to be that much opposition, to be very honest And, so, now I've seen both sides of the story here, so 1 want to kind of get a better understanding. I'm sorry if I'm asking a lot of questions, but I kind of want to be clear when I vote. MS. ESCARRA: Understood. I just wanted to make a few points. One Is, the Miami River Commission never made a motion to deny. The motion to approve failed, because it didn't approve, but they never moved to deny, so it's technically no action. Their subcommittee recommended approval. But the River Commission did not vote to approve and did not vote to deny. 80 little bit complex. If you start with the 5th Street Bridge, you have the 5th Street Marina, you have currently a gym, a retail. You have here there was approved Water and Sewer. You have Mr. OIBIt's business here, right next to us. You have AT&T owning some business. You have P & I Towing, which is another towing company just south of us You have the Miami River Warehouse. City of Miami, South River. Jose Marti Park As you go down here you have the River Yacht Club on this side. Right across from — starting on the northside you have City of Miami Riverwalk Inn, you have Kiki On The River, which is the new restaurant that opened up. You have Sea Spice, Casablanca and Garcia's. Casablanca and Garcia's have been there, at least as far as 1 can remember on the River coexisting with other industrial uses. You have Water and Sewer owns some land. There's City of Miami park. AT Co Marina is right here. Sushi Samba is under construction right here. You have an FDOT parcel that they bought in order to expand the bridge. This is the site that is actually City of Miami owned that they put out on RFP for Riverside Wharf that was approved by referendum last year to allow INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk Y r L J u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 81 i for restaurants along the River. You have the — CHAIRMAN GARAVAGLIA: I'm goad. 1 Just wanted that part MS.. ESCARRA: We are in this little section right here CHAIRMAN GARAVAGLIA: Got it And the property today, Is there a Riverwalk today on the property? MS. ESCARRA: No. Right now there Is no river access on this property. CHAIRMAN GARAVAGLIA: Does the Riverwalk that you're proposing, I don't know, abide by the guidelines of what the Miami River Commission would want in terms of — MS. ESCARRA: Correct CHAIRMAN GARAVAGLIA: All right So, it meets all their requirements? MS. ESCARRA: Correct. There's an access here, access through, and access out. So, it Is not Just providing it along the River, you have to provide access for pedestrian to be able to get to it and be able to get out on both ends within the side setbacks, and we've done that The buffer that we did as — CHAIRMAN GARAVAGLIA: 1 got it 1 got it 83 lower river, the lower river was going to be the area where we would allow the uses that complimented each other. And this is one of those uses. We know it, because we see the plan, those of us that do go and socialize or work on the River, we see it every day. So, It is a difficult decision It is not — and 1 can see by the vote at the Miami River Commission because the, gentlemen, sir, you have been on the River a long time, you have seen a lot of changes in the River, but the lower River is where we all said, okay, this Is the area that we are going to coexist, and it doesn't matter that you make noise, we are going to coexist. That Is how 1 remember it. So, this is an application that Is complimentary to what is going on right now, and what the City has supported with the Miami River Commission. So, I'm in favor of the denial of this appeal. BOARD MEMBER TORRENS: I think 1 bring a little bit different perspective. I live in the middle River. I've owned a home in the middle River for almost 40 years. And my husband worked in the industry on the River, similar to what many of the workers that 1 see here now. Having said that, I know the importance of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTER 82 i My last comment Is on the Miami River Commission. I kind of look forward, when they come before us, they usually have a very concise letter that they read, with an opinion. I'm kind of surprised that they went silent on this. So, that has me questioning things where 1 wasn't questioning before that you would think that they got the Riverwalk that would be a huge win for them, and It's. MS. ESCARRA: Dr. Martin was very happy. CHAIRMAN GARAVAGLIA: And it's silent. So, l Just throw that out there. One of the things 1 look to, as an agency that has, you know, a true, 1 don't know, accountability 1 think of supporting the River. That concludes my questions. I'll go down BOARD MEMBER GUTIERREZ: Mr. Chairman, I Just — In line with what Mr. Pins said, you know, 1 remember the dark days, what 1 call the dark days, the recent dark days of the River was the days when all the Zoning change was going on. And, indeed, the working river was disappearing. And through the Miami River Commission there was a lot of work down, including in Miami 21, to make sure that we captured the working river. But the 84 coexistence. 1 know the importance of the Industrial part of the River. But the lower River does have the mixed use, and 1 think that there has to be a way that both of these properties can coexist. 1 understand P&L Towing's problem with not wanting to be regulated out of business because of noise, and the type of business that they do. My home happens to be across from the new Apex Marine, and so they are always doing boat work, and there Is noises, but that is part of where 1 live, and 1 accept that. Is there a way that between the properties — how tall, if you can step forward — how tall is the wall between the properties — between you and P&L? You have a wall, l presume? MS. ESCARRA: Six feet BOARD MEMBER TORRENS: Six feet? MS. ESCARRA: Six feet BOARD MEMBER TORRENS: Is thereany way with Code that it can go a little bit higher, to help with the noise? That's Code maximum? City? MS. ESCARRA: 1 believe six feet was the highest — it could potentially be — one of the things that we did, we have wall, we have trellis INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 1 City Clerk u u 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 85 and we have planting, so we created also some noise attenuation items with regards to that here, this wall here, because we did meet with — yes, we did meet with our neighbor, to go over this space here. We can't do It necessarily here because this is part of the Riverwalk, but we did add the wall here with very thick landscaping in order to try to separate the two uses and create a buffer between the twa BOARD MEMBER TORRENS: Okay. And the appellee is prepared that there could be complaints when your business opens because of the noise coming from the business next door? MS. FSCARRA: It is for the restaurant's risk, at the end of the day, because if people go to eat there and they don't like the noise, they won't come back. BOARD MEMBER TORRENS: And 1 just want to say, I love having more restaurants on the River. BOARD MEMBER GERSTEN: I, Just by chance, happen to be in Fort Lauderdale by the River yesterday, and, you know, l think they have like two parcels left before their Riverwalk is complete, and that's occurred through this same process. There Is definitely an unfortunate 87 square feet out of —1 counted — I'm not sure because our copies are a little bit fuzzy, whether It's a total of 7,000 square feet of restaurant only ground Boor, or there is also more stuff going on on the second floor stuff. But proportionately on its face it's a ridiculous assertion, that this yacht life lounge, 400 square feet, is the main use, and this 7,000 other square feet is an accessory use. But, again, that being said, I don't think that there is really much we can do in the face — or that — 1 don't think it is correct, under the rules that we have in front of us, to say, well, this particular restaurant can't happen, these other warrants that got granted they are fine, but this one isn't. And 1 think one of the problems — and 1 know psychologically for me 1 have an Issue with this, is that the restaurants that have opened recently, do not service the average person, the average citizen, in a City where we have the lowest income probably in the entire country, median income. 1 don't think they — most of these new restaurants would let me in the way that I'm dressed right now, certainly not you guys coming off the working waterfront. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 86 aspect about it. But as some of my colleagues have already addressed, as far as going back to when 1 remember first sort of really coming to appreciate the River being there when it was a much different place, you know, this area on the lower river is supposed to be a little bit more about a mixed use, not a term of art in terms of mixed use on the ground Boor, you know, 40 stories of condos mixed use, but mixed use that there are many uses on the River side-by-side which makes it and keeps It interesting. The big Issue for me, and obviously an issue for a number of folks here, is the accessory use Issue, and coupled with the fact that there is an Issue with the fact that there are many restaurants that have already been issued warrants, and are open, and are doing great. So, the City, I agree with some of the comments, should remain consistent in that regard. Should it contemplate more the proportion that is the accessory use? Absolutely. 1 think that is a flaw in what the regime that we are currently operating under. But as far as what we are looking at here today, specifkally, I mean, I have an Issue with the fact that there is 400 88 What about the workers on the waterfront on the working waterfront? I don't think that these places are serving — so that's 1 think what a lot of us have In our minds is the models and battles type of seenario, which is, you know, all likelihood exactly what this place is going to be. Again, we can't legislate that, and we don't have the tools to do that. So,1 just want to be very clear how 1 feel about 14 but also say that this is what we have to look at is, you know, is this warrant consistent with other warrants. 1 think the accessory use thing is ridiculous. 1 think the 400 square feet is ridiculous, but as far as the definitions we have to work with, even the case cited by Mr. Gibbs, which, you know, certainly Is on point, but as far as Code goes, we don't have it. So, l would probably — probably going to vote to deny the appeal, but with great reservation and angst. BOARD MEMBER ALTMABE: 1 just want to make a point. It looks like the precedence indicates that there is a strong possibility of successful coexistence of these two businesses, and 1 don't see that the industrial jobs are at risk. if INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk it. 1 2 3 4 5 6 7 8 9 10 11 12 t 13 14 15 i 16 17 18 19 20 21 22 23 24 25 n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 89 there Is risk, it Is more for the restaurant than for the industrial company. And you have to consider that also the restaurant is going to create jobs and add value to the area. And as I said, since the strong possibility B that both businesses can be successful, have a successful coexistence, I'm going to vote for the denial of the appeal. CHAIRMAN GARAVAGLIA: Mr. Parrish, do you have anything? BOARD MEMBER PARRISH: This may take a little bit of time. First of all,1 don't agree with the quote, long quote that you did with the State Statute. I think that is a broad Statute that enumerates a whole bunch of uses that can be — that they are trying to include so that a Board like this can then consider whether it Is appropriate for a particular section of the community. So, I think that was all wasted on me, the State Statute. I think it applies, but in a general way, but not in a specific way. So that brings me to my — it is almost like we are talking about an endangered species here because, in my opinion, the compatible use issue 91 disappointed, I've known Mr. Brett Bebow for a long time. The reason this Miami River was cleaned up, if you remember ten years ago, 15 years ago, before Brett got Involved, it was a sewer, it was a running sewer. And thanks to Mr. Brett Bebow, the City got its act together with the County and Federal money, I believe, and cleaned the River, top to bottom, literally to the bottom. But today, I have known Brett and his family for a long time, I would like to put him on the spot. Because he testified, I would like to know whether he supports this appeal, or does not support this appeal, knowing that his Board was split on it six to live, with people like Ernie Martin in favor, and others who are in this community against supporting a restaurant in this part of the working River. So, I would like to ask Mr. Bebow directly, do you support this appeal of the warrant, or do you wish that it would be denied? Sorry, Brett. MR. BEBOW: My old buddy put me on the spot, the last speaker of the night. Brett Bebow, Managing Director of the Miami River Commission. 1 support the position of the two 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTERS 90 has not been fully considered by the City. I thought the Zoning District was put in place to give these waterfront uses that have to be on the water, as we heard testimony, they have nowhere else to go. So, that said, if we remove their habitat, even though you say they can coexist, those of us who have been in Miami for a while know that the watercraft, the jet skis, will slowly remove the habitat for the working waterfronL That Is my opinion on that. It may not happen overnight, but 1 think that's going to be inevitable. So, that brings me to the next point, and I think Mr. Gersten already said it. The idea that this B an accessory use I think is ludicrous. Even in the English language, this is not an accessory use, this will be a principal use, it will be the restaurant use. So, one of the things that destroys the confidence of the community in Boards such as this, and in the City, is that when you stretch the language so much that it doesn't bear any comprehension to the English language. So, that's one point I have a big problem with. All right. So, I was really disappointed — not 92 Subcommittee Chairs, Jim Marley and Ernie Martin, that recommended approval of this project because it B in the lower River, because it has a public Riverwalk, because the history of the site b not one of marine Industry. stry. We are not evicting a marine industrial business. The site is built out — it is not vacant land, it has structures, and those structures cover the majority of the site. I don't think it Is possible to attract a marine industrial business to this site. I don't think a boatyard will fit at this property. And 1 don't think it will get the number of permits of — the number of slips from DERM to support a truly working waterfront marina boatyard, commercial fishing operation, etcetera. This proposal brings in an element of marine industry by bringing in yacht charters and commercial fishing. BOARD MEMBER PARRISH: That answers my question. Thank you, Brett. Sorry to put you on the spot. That brings me to my next point. We have a community here, and this doesn't involve you particularly, Brett. There are jobs of a lot of people who are going to be affected by this, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk 7 r F, 0 u i IN W 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 93 because like 1 said this is an endangered species. If we make a decision like thL% they are going to be pushed out, maybe not in the next five years, but in the next Is ten years maybe we have all restaurants and recreational uses, and Jet skis but no more working River. So, that's part of my consideration for this, but 1 don't have a crystal ball. 1 can't — I'm Just — I've Just lived in Miami a long time. So, the last point that Mr. Gibbs brought up was, is this the appropriate way to make such a major change that affects so many lives, by doing It by warrant, which Is like a Band-Aid? And don't get me wrong, l think Miami 21 Is a huge Improvement over Miami 11000, but to do it by warrant what should be done by a zoning change, l don't think is appropriate either. This is a major decision we are talking today. And I just think the City, again, did not address the real Issue, starling with the accessory use Interpretation, and then not doing — requiring them to do a zoning change and go through the whole process with saying, this part of the River, the lower River, is not going to be Industrial anymore The City, instead, Is taking the easy 95 BOARD MEMBER PARRISH: I thought you already called me. No. THE CLERK: Mr. Althabe? BOARD MEMBER ALTHABE: Yes. THE CLERK: Mr. Collins? BOARD MEMBER COLLINS: No — excuse me, yes. THE CLERK: Mr. Gersten? BOARD MEMBER GERSTEN: Yes. THE CLERK: Mr. Milian? BOARD MEMBER MILIAN: Yes. THE CLERK: Mr. Pina? BOARD MEMBER PINA: Yes. THE CLERK: Ms. Torrens? BOARD MEMBER TORRENS: Yes. THE CLERK: Mr. Vadillo? BOARD MEMBER VADILLO: Yes. THE CLERK: And Mr. Garavaglia? CHAIRMAN GARAVAGLIA: No. THE CLERK: Motion passes by a vote of eight to two. CHAIRMAN GARAVAGLIA: And? THE CLERK: And this decision is final unless appealed to the Planning and Zoning Department within 15 days. CHAIRMAN GARAVAGLIA: What was the vote? Can 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIAMI—DADE COUNTY COURT REPORTER 94 way out and said, this Is going to be done by warrant. And for that reason, I'm going to support the appeal to deny this use. CHAIRMAN GARAVAGLIA: Arewe ready for s motion? BOARD MEMBER GUTIERREZ: I'll make a motion to deny the appeal. BOARD MEMBER LIEVANO-CRUZ: Second. CHAIRMAN GARAVAGLIA: There's a motion to deny the appeal and uphold the City's warrant. We have a motion and a second, with all the conditions that were presented by the City? Yes? Yes? Please call the roll. THE CLERK: Mr. Parrish? BOARD MEMBER PARRISH: So, the motion Is to deny the appeal? I'm in support of the appeal so I'm going to vote no. CHAIRMAN GARAVAGLIA: So, the way we call the roll Is the people who — you got it? THE CLERK: Ms. Gutierrez? BOARD MEMBER GUTIERREZ: Yes. THE CLERK: Ms. Lievano-Cru2? BOARD MEMBER LIEVANO-CRUZ: Yes. THE CLERK: Mr. Parrish? 96 you repeat the count again? THE CLERK: Nine to two. CHAIRMAN GARAVAGLIA: Nine to two, okay. Thank you. Thank you all. (Item adjourned.) 5, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk i 1 L 1 ur r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF REPORTER STATE OF FLORIDA COUNTY OF DADE I, JANICE AGUIRRE, Registered Professional Reporter, do hereby certify that I was authorized to and didstenographically report the City of Miami Planning, zoning and Appeals Board Meetingof May 17, 2017; that a review of the transcript was requested; and that the foregoing transcript, pages 1 through 96, is a true record of my stenographic notes. I FURTHER CERTIFY that I am not a relative, employee, or attorney, or counsel of any of the parties; nor am I a relative or employee of any of the parties' attorney or counsel connected with the action, nor am I financially interested in the action. DATED this 22nd day of September, 2017 at Miami, Dade County, Florida. JANICE AGUIRRE Registered Professional Reporter Notary Public, state of Florida commission NO. #DD 945053 My Commission Expires: December 8, 2017 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk MIAMI—DADE COUNTY COURT REPORTERS, INC. 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[1] 53/14 acres [1] 56125 across [6] 55/6 55/22 66/19 68/14 80/12 84/9 act [1] 91/6 action [10] 8/18/25 32/132/20 33/2153/9 63/16 78/23 97/10 97/10 activate [1] 30/6 activations [1] 58/15 active [1] 40/11 activities [8] 8/9 11/11 11/1811/2012/16 23/127/24 46/13 activity [9] 11/112/2 36/18 36/18 36123 37/6 37/8 66/16 77/17 actual [2] 18/2 77/9 actually [20] 9/2139/23 48/13 50/6 50/9 51/13 5213 61/22 62/9 62/10 62/12 62/13 66/12 67123 75/2 7517 76/2 76/4 76/23 80/23 Adam [1] 1/17 adaptative [1] 615 adaptive [7] 4125 7/17 24/22 25/13 35/11 57/857/11 add [6] 19/819/9 22/22 28/19 8517 89/4 added [2] 19/6 75/19 additional [2] 19/419/6 address [6] 35120 35/2135/24 4012 47/15 93/19 sed [1] 86/2 [1] 25/24 !nt [5] 28/149/15 49/17 63/23 75/13 •ned [1] 96/5 ment [2] 3/22 4/2 [2] 26!20 60/12 A [5] 32/22 32123 33/16 34/10 60/10 [1] 59/7 age [3] 71/1171/16 72/12 iry [2] 43/23 47/20 d [1] 92/25 [1] 93/12 [1] 39/6 ientioned [1] 9/7 afraid [1] 66/6 after [6] 9/22 35/12 43/5 53/19 678 78/11 again [13] 7/1012120 20/10 28/18 32/5 41/4 45/6 75120 76122 87/10 8817 93/19 96/1 against [2] 76/3 91/17 agency [1] 82/13 agenda [1] 3/9 agent [1] 48/5 ago [4] 48/6 53/6 9M 91/4 agree [4] 30/12 73/5 86/18 89/13 Aguirre [4] 60/2 61/197/4 97/18 ahead [1] 73/3 aired [1] 50/13 Alexander [1] 1/16 all [65] 3/6 7/1711/2312/513/1215/14 18/15198 23/123/22 23/24 24/1125/12 25/17 25/24 26/9 27/6 28/24 28/25 33/16 34/14 36/22 40/22 40/25 45/4 45/10 47/13 49/9 49/20 50/16 51/3 52113 53/25 55/17 55/17 58/20 62/13 63/4 63/5 63/22 64/15 64/23 64124 66/23 67/2 67/13 67120 68/1 68/5 68/9 71/2176/3 77/23 79/19 81/16 81/17 8212183/1188/5 89/13 89/20 90/24 93/4 94/119614 allow [20] 4/19 4/22 4/25 6/16/3 6/5 7/11 7/13 7/16 9/2510/1238 25/7 43/6 44/15 53/3 55/2170/3 80/25 83/2 allowable [3] 8/1716/20 33/8 allowed [11] 6/9 19/20 19/22 19/23 23/11 25/18 44/10 44/14 45/4 46120 46/22 allowing [1] 33/19 allows [2] 19/18 40/7 almost [3] 56/19 83/22 89/23 along [25] 3/12 10/16 13/17 16/2 208 23/5 25/126/6 28123 29/6 31/17 31/21 33/20 33/25 34/5 34/19 36/23 388 46/18 52/25 55/19 55/20 73/10 81/181/20 alongside [1] 53/8 already [6] 73/10 74/19 86/2 86/16 90/14 95/1 also [29] 6/4 6/8 6123 7/1 1212 14/12 15/11 22/12 33/22 34/6 38/22 42/13 44/9 44/23 50/3 52/22 56/15 59/12 63/12 7213 75/12 75/18 76/25 77/19 79/25 85/187/4 88/9 89/3 Althabe [3] 1/17 2/5 95/3 Alvaret[1] 54/20 always [2] 22125 84110 am [12] 30/2154/14 54/2159/12 65/5 66/4 66/22 7W 71/24 978 97/9 97/10 Amanda [1] 71/5 ambiance [1] 79/7 amend [1] 3/16 amended [3] 4/17 2212.2 28/19 amendments [1] 32/12 American [1] 1/3 amongst [1] 25/17 amount [2] 56/23 57/4 amounts [1] 12/17 analysis [4] 7/10 7/2016/1218/9 ancillary [5] 76/12 77/2 77/3 77/18 77/19 Andres [1] 1/17 angst [1] 88/20 another [6] 16/4 31/9 56/2 61/2 76/17 80/7 answer [6] 41122 44/13 44/20 45/22 64/19 78/8 98 answered [1] 45/23 answers [1] 92/19 Anthony [1] 1/19 Antillean [1] 54/2 any [22] 3/2 3/8 7/6 12/8 188 29/2134117 38/6 41!2142/2 42/25 61/13 61/13 67/2 67/4 69/15 748 79/18 84/20 90/22 978 97/9 anybody [4] 13/20 41/142/164/20 anymore [2] 63/193/25 anyone [2] 61/2 668 anything [6] 15/71517 41/16 43/6 7311 89/10 Anyway [1] 68/23 anywhere [2] 24/12 24/19 apartments [1] 55/1 Apex [3] 50/7 53/23 84/9 apologize [2] 41/18 73/23 apologizes [i] 60/3 app [2] 67/23 77/13 Apparently [1] 48/16 appeal [18] 4/15 58 9/9 9/16 9/18 13/22 53/3 83/18 88/19 89/8 91/13 91/14 91/19 94/3 94/7 94/10 94/17 94/17 appealed [2] 22/6 95/23 appealing [4] 9/2110/13 42/9 48/1 APPEALS [3] 1/14/15 97/5 appeared [1] 38/22 appears [1] 54/16 appellant [11] 6/18 6/22 7/17/5 9/20 25/21 29/1130/9 32/9 42/4 42/8 appellant's [1] 75/13 appellee [5] 9/22 74/1176/14 78/8 85/11 applaud [1] 69/23 applicable [1] 23/22 applicant [4] 14/1017/1818/4 21/6 application [8] 6/16 22/14 60/8 63/14 63/17 64/25 65/6 83/15 applications [2] 71/9 76/18 applied [1] 76/10 applies [1] 89/21 appreciate [1] 86/4 appreciated [1] 61/6 approach [1] 72/17 appropriate [6] 8/16 33/7 55/12 89/18 93/11 93/17 approval [13] 7/6 7/19 9/9 1312 20/3 21/9 21/18 29/19 42/12 60/17 73/2178/24 9211 approve [14] 6/1512/2216/4 20/120/2 20/2 20/5 46/17 55/15 77/6 77/7 78/2178/22 78/25 approved [16] 5/25 6/16/5 7/1510/2111/5 23/19 42/22 48/2 55/18 608 60/22 64/22 75/9 80/4 80/25 approves [3] 10/1412/2416/7 approving [3] 4/15 5/919/18 approximately [1] 1M architect [3] 22/13 35/8 42/3 are [156] are -- [1] 56/3 area [28] 4/22 5/216/3 7/14 10/16 10/18 13/114/25 18/25 19/122/23 25/4 40/19 48/9 62/3 62/10 62/10 63/23 63/25 64/6 66/4 76/22 78/5 78/5 83/2 83/12 86/5 89/4 areas [1] 51/7 argument [4] 46/24 70/17 72/177/4 arm [2] 39/17 59/19 around [2] 62/15 79/21 arrival [1] 53/23 art [1] 86/7 Article [10] 4/16 4/214/24 7/117/13 7/16 9/5 23/9 43/1146/21 Arts [2] 50/1154/23 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk E..: ad 0 I 11 as [84] 4/17 5/18 5/20 5/22 7/15 7/20 7/20 8/9 8/19 8/22 8/23 9/2 9/6 9/10 12/8 12/8 12/1315/2115/2216/316/2017/3 20/6 26/12 27/18 28/128/2130/12 30/13 31/7 32/6 33/10 33/23 35/2 37/12 37/14 39/11 46/9 47/10 47/22 47/23 48/10 53/13 54/2 58/16 58/16 5917 61/24 61/24 62/2 62/2 63/6 63/6 65/5 68/14 70/10 72/5 74/10 75/19 75/22 76/19 76/19 77/177/6 77/8 77/13 79/25 80/10 80/17 80/17 81/24 82/13 86/1 86/2 86/2 86/23 86/23 88/13 88(13 88/16 88/16 89/4 90/4 90/20 ascots [1] 559 ask [9] 13/19 21/7 22/3 22/6 42/1142/13 55/10 64/15 91/19 asked [3] 46/161/175/6 asking [3] 24/2 78/9 78/16 aspect [1] 86/1 aspects [1] 40/25 assembly [1] 11/12 assertion [1] 87/7 associated [1] 11/18 Association [1] 49/25 associations [1] 53/7 assume [2] 18114 48/13 assure [1] 77/24 attached [1] 20/20 attend [1] 60/4 attention [1] 31/2 attenuation [1] 85/2 attorney [7] 1/24 9/15 9/15 47/23 61/12 978 97/9 attorney -- [1] 9/15 attract [1] 92/9 attracted [1] 59/2 attraction [1] 51/10 attracts [1] 51/14 authorized [1] 97/5 availability [1] 278 available [1] 42/25 avenue [5] 22/2 35/25 56/17 58/6 63/11 average [3] 11/2 87/20 87/20 avid [1] 50/3 back [20] 15/6 15/8 17/12 19/24 25/2 26/16 45/23 45/24 55/1156/22 62/12 62123 66/23 69/3 70/14 72/177/5 79/20 85/17 86/2 backdrop [1] 50/18 Bailey [1] 52/12 ball [1] 93/8 band [1] 39/7 Band-Aid [1] 93/13 barges [1] 66/11 Barnaby [1] 1/24 base [2] 3/1115/10 based [6] 5/25 7/10 7/10 4219 42/22 57/1 basically [6] 5/1915/10 64/10 67/9 67/14 77/15 basis [2] 12/13 18/10 Bay [1] 65/23 bays [1] 40/9 be [96] 3/12 10/1112/114/1415/2 16/6 18/1918/20 25/15 28123 28/24 29/1308 348 36/3 38/16 41/14 4122 42/22 43/18 47/25 48/74 48/24 48/25 49/149/2 50/25 51/4 52/3 54/10 54/16 55/3 55/15 57/19 59/15 59/16 59/17 60/3 64/20 66/166/2 66/14 66/14 67/15 67/2167/24 67/25 68/14 69/9 69/19 70/20 72/5 72/6 73/4 73(15 74/17 75/19 75/22 76/4 76/5 76/8 76/10 76/14 77/1 78/6 78110 78/12 78/13 78/17 79/3 79/4 81/2181/22 82/8 83/184/4 84!184/9 84/24 85/1185/2186/6 88/6 88/8 89/6 89/16 90/3 90/13 90/17 90/18 91/20 92/25 93/3 93/16 93/249411 be -- [5] 72/5 76/8 79/3 84/24 89/16 beach [2] 37/19 69/19 bear [1] 90/22 Beatriz [1] 1/18 beautiful [3] 39/5 40/8 40/9 Bebow [6] 21/12 61/7 91/191/6 91/19 91/23 because [57] 14/2 15/9 16/1116/16 16/19 22/4 29/129/4 30/130/130/131/18 36/14 36/15 37/137/20 38/6 38/25 41/7 44/16 45/5 46/20 52/5 52/6 58/10 61/20 63/16 63/18 64/2 65/13 66/6 66/22 69/25 72/12 73/17 74/25 76/2 768 76/13 76/2177/2 78/21798 83/483/884n85/3 85/6 85/12 85/15 87/2 89/25 91/12 92/2 92/3 92/4 93/1 becoming [1] 57/11 been [31] 14/117/25 21/22 22/25 24/11 24/15 24/18 34/3 34/10 41/2 44/5 47/17 48/2150/2155/13 58/8 58/10 61/16 62/18 63/22 65/12 70/16 71/14 72/14 76/23 79/10 80/16 83/9 86/16 90/1908 before [13] 5/8 20/121/9 21/2121/23 22/14 42110 48/14 48/2182/2 82/7 85/23 91/4 being [23] 4/411/5 30/16 30/17 30/18 37/4 43/20 45/23 47/150/16 58/19 60/3 63/4 63/15 66(6 67/17 69/2172/16 73/23 74/1 76/3 86/4 87/10 being -- [1] 73/23 believe [7] 32/22 48/20 51/22 51/24 62/3 84/23 91/1 believer [4] 37/14 37/15 70/23 72/2 belong [1] 44/4 below [1] 61/24 beneficial [1] 5U3 benefit [2] 628 63/6 benefits [7] 36/24 36/25 37/139/139/8 39/8 39/9 Berenblum [2] 22/12 42/3 best [3] 25/12 37/24 71/7 better [2] 12125 78/15 between [7] 8/18 59/6 75/19 84/13 84/15 84/1585/9 beverage [1] 40/16 big [9] 15/1515/15 37/14 37/15 40/23 51/12 56/22 86/12 90/24 bigger [3] 18/718/8 34/20 bigger -- [1] 18/1 bike [1] 62/5 Bimini [1] 48/9 Biscayne [7] 10/9 49/13 49/14 53/2 54/15 6211365/9 Biscayne -- [1] 49/13 bit [8] 17/1159/19 80/183/20 84/2186/6 87/289/12 bittersweet [2] 58/8 58/10 blackmail [1] 417 blank [1] 64/21 board [24] 1/1 1/14 4/1 4/15 5/1 21/10 21/18 2123 42/1142/13 43/22 43/23 43/25 43/25 44/147/20 56/15 63/12 66/10 70/14 79/25 89/17 91/14 97/5 Boards [2] 48/190/20 boat [26] 12/4 28/15 28/15 37/137/138/1 38/7 38/15 38/19 38/24 39/2 39/4 39/4 39/1 40/140/8 408 40/1148/148/8 50/3 50/6 52/18 53/22 53/23 84/10 99 boating [2] 26/25 40/6 boats [15] 11/2015/1215/1515/17 37/3 38/9 38/9 40/2149/149!149/8 49/8 66111 67/1777/14 boats -- [1] 15/15 boatyard [4] 39/20 41/12 92/1192/14 boatyards [1] 12/3 body [3] 11/25 21/2174/4 booklet [2] 25/15 32/18 books [2] 17/134/4 both [12] 14/1127/15 27/15 27/16 56/20 73/5 73/19 78/4 78/14 81/22 84/4 89/5 bottles [1] 88/4 bottom [4] 50/6 57/14 91/8 91/9 bought [7] 30/2 39/19 65/12 65/16 66/23 66/2480/22 Bowman [2] 57/22 59/24 Brett [12] 32/22 57/22 59/24 65/3 91/191/4 91/6 91/10 91/2191/23 92/20 92/24 Brett — [1] 65/3 Brian [2] 22/125/15 bridge [7] 22/16 22/2122123 22/25 63/23 80/280/22 brief [1] 73/5 bring [10] 30/18 36/9 36/24 39/4 40/19 74/17 77/12 77/16 79/20 83/19 bringing [4] 39/2151/25 70/13 92/17 brings [6] 40/4 48/6 89/23 90/13 92/16 92/22 broad [1] 89/15 brokerage [9] 17/9 17/2117/24 1811 18/6 20/19 20/2170/170/6 brought [5] 43/1145/3 73/1179/9 93/10 buddy [1] 91/22 buffer [5] 75/12 75/19 75/20 81/24 85/9 build [4] 30/3 30/3 30/4 68/13 building [3] 17/10 24/4 40/18 buildings [6] 23/13 24/4 24/2125/14 34/20 59/2 built [3] 54/24 68/16 92/6 bulk [1] 11/13 bunch [2] 59/1189/16 business [36] 10/23 11/11 17/2117/24 18/2 20/19 20/2134/2 34/23 41/12 48/4 48/21 53/161/14 63/19 64/10 64/17 64/2165/14 65/19 65/20 65/22 65/22 66/7 67/17 73/8 73/9 73/18 80/5 80/184/1848 85/12 85/13 92/692110 businesses [7] 40/25 54/1648 67/15 68/25 88/2489/6 buy [4] 36/13 39/2 39/17 39/24 buyer [1] 67/11 buys [1] 48/16 C call [7] 2/144/1158/22 77/13 82/19 94/14 94/19 called [1] 95/2 calls [1] 49/3 came [4] 37/16 43/23 67/8 78/10 can [62] 2/15/18 5/20 9/24 9/2412/1 15/14 19/17 21/7 29/135/135/9 39/6 40/17 40/20 41/6 41/7 438 44/17 46/3 46/5 48/15 51/24 51/25 55/4 57/9 57/25 58/24 62/4 65/5 66/10 66/10 66/1168/13 68/14 68/23 68123 71/3 71/1173/6 73/16 73/19 74/16 75/4 75/5 7517 76/4 76/6 76/14 76/19 79/19 80/17 83/184/4 84/14 84/2187/1189/6 89/16 89/17 9017 95125 can't [10] 15/15 48/15 48/2157/9 66/167/16 85/5 87/14 8817 93/8 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk 'J 0 �I C can't -- [1] 93/8 cannot [2] 50/24 69/2 canoe [2] 55/7 55/8 canoeing [1] 55/10 canoes [1] 62/12 capabilities [1] 57/17 Captain [1] 65/13 captains [1] 68/11 captured [1] 82/25 carefully [1] 23/21 cargo [5] 49/152/20 52/2153/2169/13 Carlson [1] 39/10 Carmeli [4] 27/1135/4 35/13 35/16 Carmeli's [1] 69/74 carpenters [1] 68/1 Carribean [3] 15/13 50/10 52/22 carriers [1] 52/21 carrying [1] 39/22 carts [1] 4/23 Casablanca [2] 80/15 80/16 case [5] 14/517/217/2 22/6 88/15 cases [1] 17/1 cash [1] 68/7 catch -of -the -day [1] 40/19 Catomy [1] 69/11 caught [1] 45/14 CBS [1] 50/13 center [1] 24/1 certain [2] 42/23 72/6 certainly [7] 50/74 51/4 51/24 57/6 58/4 87/2488116 certainty [1] 58/25 Certificate [4] 24/5 74/9 79/4 97/1 Certified [1] 4817 certify [2] 97/4 97/8 cetera [2] 11/14 92/15 Chair [2] 3/19 57/25 Chairman [9] V16 3/10 3/23 5/7 60/2 60/14 60/15 61/182117 Chairs [1] 92/1 CHAMBERS [1] 1/2 chance [1] 85/20 change [13] 3/9 23/74 30/2132/14 44/144/2 44/7 73/7 73/7 8212193/12 93/16 93/22 changed [3] 30/18 32/25 37/22 changes [4] 30/17 30/17 57/2 83/10 Chapter [5] 26113 26116 26/17 31/8 32/7 Charles [1] 1/16 charm [2] 59/5 59/5 charter [4] 22122 34/25 38/15 38/25 charters [2] 38/11 92/17 Check [2] 27/7 31/23 checked [1] 65/16 choice [1] 37/18 choosing [1] 36/1 chose [2] 37/20 48/12 Chris [1] 1/21 circumventing [1] 54/16 cited [1] 88/15 cities [4] 36/17 37/13 37/2137/21 citizen [2] 58/14 87/20 city [70] 1/11/24 4/18 6/219/1514/1715/11 17/18 21/18 22122 23/12 24/17 2614 26115 29/4 29/15 29/18 30/10 30/14 30/74 31/4 31/4 31/2131/24 32/10 35/17 37/17 39/8 44/6 44/6 44/15 45/2145/25 46116 50/2 50/74 51/2155/16 55/17 60/9 61/15 61/15 67/8 70/16 70/19 71/171/2 71/2171/25 72/3 72/4 72/19 73/74 75/3 77/5 80/9 80/13 80/19 80/23 83/16 84/22 86118 87/20 90/190/21 91/6 93/19 93/25 94/12 97/5 City -- [1] 44/6 City's [10] 44/18 44/18 53/13 54/16 72/17 73/20 76/8 76/1176/2194/10 City's — [1] 76/8 claims [4] 6/18 6/23 7/17/5 clarification [2] 4/3 65/2 clarified [1] 76/14 clause [1] 5/5 cleaned [2] 91/3 91/8 clear [3] 77/178/17 88/9 clearly [3] 26/8 28/2157/9 clerk [1] 61/8 client [8] 10/1314/1129/25 39/23 41/5 45/10 49/18 64/17 close [4] 61/4 66/20 69/8 70/13 close -- [2] 69/8 70/13 closing [1] 70/13 club [22] 6/2517/2017/741811 18/6 20/17 20/18 29/23 30/5 34/12 34/16 34/24 38/5 38/74 55/7 55/7 55/8 57/12 76/16 76116 79/6 80/11 club — [1] 20/17 Co [1] 80/20 co -exist [1] 27/17 coalition [1] 53/6 Coastal [4] 31/13 31/20 31/24 32/3 Coconut.[1] 10/6 Code [16] 7/19 17/5 17/13 17/15 23/9 24/1 25n29/4 4216 44/19 53/13 54/17 67/12 84/2184/22 88/16 coexist [12] 25/25 29/129/3 51/24 64/13 73/6 73/20 75/5 83/12 83/14 84/5 90/7 coexisted [1] 64/12 coexistence [3] 84/188/24 89/7 coexisting [2] 62/17 80/17 coffers [1] 50/2 coincidentally [1] 63/21 colleagues [1] 86/1 collectively [1] 34/14 Collins [4] 1/212/7 73/2 95/5 column [1] 23/9 combination [3] 37/12 37/74 64/8 come [21] 15/16 23/12 35/8 38/14 38117 39/3 40/17 41/8 41/16 45/23 46/6 47/4 47/5 47/13 63/15 69/9 71/9 71/14 76/6 82/2 85/17 comes [8] 74/25 25/2 36/8 36118 45/25 48/14 61/2571/18 coming [7] 74/22 38/12 49/7 49/8 85/13 86/3 87/25 comment [1] 82/1 comments [3] 6114 70/14 86/18 commerce [1] 27/12 commercial [56] 5/20 6/8 816 8/9 8118 12/3 12/25 15/8 16/8 16118 22/20 23/4 25/8 25/18 26/12 26119 26/22 27/16 27/20 27/2127/23 28/3 2816 28112 28/25 29/8 29/23 31/7 31/11 32/6 33/9 33/19 34/13 34/2136/18 37/11 38/12 40/17 42114 44/1145/2 45/3 45/4 45/5 46/10 46/12 48/4 48/23 50/20 57/13 65/17 70/170/6 79/6 92/15 92/17 commercial -- [1] 44/11 commission [38] 1/2 6/11611219/1419/74 21/1121/2142/18 42/22 44/6 55/13 56115 57/23 59/25 60/7 60/9 60/12 60/13 60/15 60/16 61/161/13 63/13 63/16 74/174/4 75/15 75/16 78/20 78/24 81/13 82/182/23 83/8 83/17 91/24 97/20 97/20 Commission's [1] 75/74 common [1] 33/15 community [8] 36/25 53/9 62/19 63/6 89/19 90/20 91/17 92/23 100 comp [13] 12/1314/16 23/24 23/25 30/16 30/2130/74 31/4 31/9 32/3 32/13 32125 42/6 companies [1] 13/16 companion [2] 6/17 7/15 company [3] 22/19 80/8 89/2 compatible [6] 9/314/2215/74 20/24 5615 89/25 compensate [1] 75/4 complain [3] 41/9 41/10 67/10 complained [1] 67/7 complaining [1] 41/14 complaints [5] 48/24 48/25 67/4 67/9 85112 complete [1] 85/74 complex [2] 37/13 80/1 compliance [4] 7/18 74/22 25/2 34/9 complies [2] 7/2123/22 complies with [1] 23/22 complimentary [1] 83/15 complimented [1] 83/3 comply [3] 25/10 25/12 42/6 composed [1] 74/3 comprehension [1] 90/23 Comprehensive [27] 6122 81211/812/14 13/313/714/1315/2015/2319/23 20/9 2112 26/2 26116 28/19 43/13 43/14 43/15 43/18 43/19 44/18 45/7 53/12 70/19 71/171/20 72/17 Comprehensive — [1] 43/18 compressors [1] 66/13 concept [2] 39/3 68/16 concern [2] 56/2157/14 concerned [3] 41/5 41/8 66122 concerns [1] 56/9 concise [1] 82/3 conclude [2] 42124 44/21 concludes [3] 9/12 47/182/15 Concluding [1] 9/5 conclusion [9] 35/12 41/4 41/17 42/4 48/20 51/19 51/20 54/13 68121 conditioned [2] 29/18 77/22 conditions [11] 5/9 9/10 42/12 42/214211.3 60/18 74/10 74/20 74/2177/23 94/12 condo [4] 49/25 50/156/23 68/16 condominiums [1] 14/5 condos [1] 86/9 conduct [1] 60/23 conducts [1] 11/18 confidence [1] 90/20 confirm [2] 32/23 59/14 conflict [1] 59/6 connected [2] 11/10 97/9 consider [4] 23/2 70/8 89/3 89/18 considerably [1] 19/8 consideration [6] 25/13 61/3 73/25 74/7 74/22 93/1 considered [5] 611412/160/7 71/7 90/1 considering [1] 69/23 consistent [5] 31/143/19 59/186119 88/11 construction [5] 11/19 36119 52/19 67/7 80/21 container [1] 15/15 containers [1] 50/10 containing [1] 5/4 contemplate [1] 86120 continue [2] 31/25 64/12 continued [3] 27/5 57/4 61/5 continues [5] 53119 54/3 57/6 57/17 60/19 continuing [1] 1617 continuous [1] 37/2 contrary [3] 13/2 20/8 21/1 contributing [1] 50/1 controlled [1] 12/19 Submitted into the public record for items) PZ.3 on __I1/I§/20l7__, City Clerk �3 9 �I 1� 0 C Conway [1] 58/5 cook [1] 40/20 coordination [1] 34/11 copies [2] 18/20 87/2 ropy [2] 18/1819/17 Corey [6] 10/10 48/3 49/12 59/4 59/15 65/8 Corey's [1] 69/13 correct [7] 71/3 71/6 74/18 77/19 81/15 81/1887/12 corridor [6] 7/3 7/25 8/13 26/7 32/19 33/3 costly [1] 58/16 could [7] 9/14 29/7 30/175/22 76/4 84/14 85/11 Council [31 56/13 56/14 57/10 counsel [2] 97/8 97/9 count [1] 96/1 counted [1] 87/1 counted -- [1] 87/1 country [1] 87/22 County [8] 13/1815/1157/16 61/17 61/19 91/7 97/3 97/11 couple [7] 26/1143/10 46/148/5 56/16 62/1673/23 coupled [1] 86/14 court [3] 10/514/614/6 Courts [1] 17/2 cover [1] 9718 craft [2] 24/6 24/9 Craig [1] 65/13 craze [1] 56/23 create [7] 30/5 50/2151/1151/13 79/8 858 89/4 created [4] 30/15 32/23 40/18 85/1 creates [1] 26/18 creating [4] 24/24 40/15 79/14 79/15 creation [1] 7/9 crisis [1] 37/18 criteria [3] 29/9 31/5 31/.1.9 critical [3] 65/2166/167/18 cross [1] 53/1 crystal [1] 93/7 currently [2] 80/3 86/22 Dade [31 57/16 97/3 97/11 Dallas [3] 62/22 62/22 63/1 Dan [1] 61/10 Daniel [1] 1/16 fare [1] 63/25 lark [3] 82/19 82/19 82/20 late [1] 5/5 DATED [1] 97/10 laughters [1] 62/7 Jay [7] 10/24 40/8 62/165/25 83/6 85/15 97/10 lays [7] 10/25 39/182/19 82/20 82/20 82/21 95/24 DD [1] 97/20 lea] [11 14/3 lealing [1] 43/15 Leath [1] 54/10 lebate [1] 17/6 lecades [1] 61/18 lecay [1] 51/7 December [1] 97/20 lecision [7] 3/116/15 74/7 83/193/2 93/18 95/22 Teck [1] 68/11 lecline [1] 52/5 [1] 10/23 deep [1] 7/12 defendants [1] 39/22 define [1] 17/3 defined [9] 8/10 16/22 17/15 26/12 28/1 30/12 30/13 31/132/7 defines [3] 12/15 28/2177/6 defining [1] 27/19 definitely [2] 76/25 85/25 definition [10] 7/23 8/5121111211117/12 26/2133/17 46/14 77/177/9 definitions [1] 88/14 deliver [1] 8/21 delved [1] 51/7 demarcation [2] 22/15 23/1 demonstrate [11 60/19 demonstrates [1] 60/21 denial [3] 9/8 83/18 89/7 denied [1] 91/21 deny [9] 21/3 78/20 78/22 78/25 88/19 94/3 94/7 94/10 94/17 denying [1] 4/15 Department [6] 5/10 6/10 9/8 23/19 42/12 95/23 dependent [4] 8/8 8/2114/15 68/25 depicts [1] 26/8 Deputy [1] 1/24 derelict [2] 10/24 36/14 DERM [1] 92t13 DERM's [1] 70/2 described [1] 15/22 description [1] 26/9 descriptions [1] 12/7 design [7] 5/17 24/23 25/3 25/1129/5 29/8 31/18 designated [2] 5/15 5/17 designation [1] 9/2 desirable [2] 8/16 33/1 desperately [1] 55/21 destination [5] 16/9 33/23 38/15 40/10 40/15 destinations [2] 33/25 40/14 destroys [1] 90/19 develop [2] 30/25 72/18 developed [1] 72/6 developer [6] 22/1125/24 35/4 48/13 61/21 71/17 development [151 7/814/2115/24 26/6 31/22 32/4 33/153/13 53/17 54/12 62/2 70/18 71/171/20 72/4 development -- [1] 54/12 developments [1] 32111 diagram [1] 79/11 did [23] 23/7 42/19 42/20 48/16 54/24 63/17 65/4 67/3 74/12 74/24 75/3 758 75/17 78/25 78/25 81/24 84/25 85/3 85/4 85/6 89/14 93/1997/5 didn't [10] 3/13 30/3 44/17 49/5 49/20 64/11 64/1171/22 78/12 78/21 different [17] 5/19 22/20 23/123/22 24/3 28/20 31/3 34/24 35/136/5 3616 36/19 37/3 40/25 45/16 83/20 86/5 difficult [1] 83/6 diminish [1] 57/6 dine [1] 76/7 dining [8] 4/22 5/216/3 7/1418/25 19/1 19/475/21 direct [1] 28/6 direction [1] 64/4 directive [4] 13/613/7 20/9 20/10 directly [4] 58/8 58/19 75/12 91/19 Director [4] 21/13 57/22 59/24 91/24 101 dirty [1] 14/3 disabled [1] 65/24 disagree [1] 52111 disappear [2] 64/18 64/22 disappearing [1] 82/22 disappointed [2] 90/25 91/1 disappointed — [1] 90/25 disapprove [2] 48/1148/12 discourage [1] 14/19 discourages [2] 15/2120/25 discuses [1] 75/24 disingenuous [1] 69/25 display [1] 4/23 disposal [1] 11/13 distributed [1] 60/1 distribution [1] 11/13 district [5] 5/14 44/15 46/17 61/6 90/2 diverse [1] 79/15 Diversify [1] 33/24 diversity [1] 54/3 dividing [2] 5/19 70/21 do [43] 3/110/116/2416/1416/25 23/18 36/15 36/15 38/1141/16 43/2 43/4 43/24 44/2 44/8 45/12 45/17 47/7 48/5 48/12 48/16 50/24 52/7 56/8 65/18 65/20 65/24 73/1 73/24 74/8 74/2183/5 84/8 85/5 87/1187/19 88/8 89/9 91/19 91/20 93/15 93/22 97/4 dock [3] 15/1816/17 38/8 dockage [2] 34/18 40/19 docking [1] 49/9 docks [1] 28/14 documents [1] 4/6 Dodge [1] 15/16 does [22] 7/2 7/6 11/6 11/23 23/18 26/17 34/7 42/6 43/1144124 45/6 45/7 64/17 64/17 64/18 75/1177/19 77/25 78/5 81/1184/3 91/13 doesn't [9] 44/4 45/167/10 67/1167/23 70/5 83/13 90/22 9223 dog [1] 19/15 doing [7] 24/2144/8 67/2 84/10 86/17 93/12 93/21 doing --[1] 93/21 dollars [3] 40/12 50/23 55/3 Dombrowski [1] 22/1 don't [46] 13/1118/22 20/19 38/9 39/19 41/10 41/14 41/15 44/2 45/14 45/22 46/15 48/18 51/22 55/10 55/16 58/2 6225 63/1 64/19 69/3 69/4 69/15 738 73/17 76/1177/7 77/9 788 81/12 82/14 85/16 87/10 87/12 87/22 88/2 88/7 88/17 88/24 89/13 92/9 92/10 92112 93/193/14 93/17 done [7] 25/12 29/10 31/16 55/16 81/23 93/1694/1 door [5] 10/14 39/14 41/9 56/6 85/13 down [19] 13/2515/12 22/17 36/8 37/16 38120 40/2140/22 41/16 50/10 56/25 62124 63/2 65/16 678 7225 80/10 82/16 82/24 Downtown [4] 61/20 62/23 63/24 64/2 Dr [1] 82/10 draft [4] 15/1215/14 15/17 52/22 dressed [1] 87/24 drinking [1] 38/18 drive [14] 1131/10 5/3 5/12 5/24 8/2210/10 24/5 24/7 33/13 52/14 65/10 69/12 69/19 drivers [1] 68/11 driving [1] 40/6 dry [1] 28/14 Dubin [1] 47/16 ducks [1] 48/14 duly [1] 6/14 during [2] 60/6 65/4 Submitted into the public record for item(s) PZ.3 on 11/16/2017 1 City Clerk 0 r. ri L 1� L'. In L each [1] 83/3 eager [1] 56/2 earlier [1] 57/1 early [1] 56/22 earn [1] 69/20 east [5] 5/13 7/3 8/14 30/19 33/5 easy [2] 79/25 93/25 eat [2] 66/15 85/16 eating [1] 38/17 economic [4] 7/8 8/23 188 54/3 edge [2] 5/13 31/18 effective [1] 5/5 effectively [1] 16/6 effort [1] 14/3 eight [2] W24 95/19 either [5] 16/23 47/4 47/14 58/8 93/17 elaborate [1] 69/15 elected [1] 41/19 element [2] 7/7 92116 elements [1] 6/21 elimination [1] 51/8 else [2] 30/2 90/5 embracing [1] 50/25 emergency [1] 60/4 emphasize [1] 26/10 emphasized [1] 7/8 emphasizes [1] 16/17 emphasizing [1] 16/14 emphasizing -- [1] 16/14 employee [2] 978 97/9 employees [1] 56/6 employment [1] 7/9 employs [1] 11/2 empty [1] 76/23 enclave [2] 41/141/2 encompasses [1] 11/10 encounter [1] 62/11 encourage [9] 9/314/1714/1914/2130/10 31/6 32/4 32/1137/23 encouraged [2] 29/22 29/24 encourages [2] 16/120/25 encouraging [2] 34/5 53/14 encroaching [4] 53/16 72/9 72/10 72/21 encroachment [2] 14/15 29/15 end [7] 18/2136110 37/24 38/147/19 61/18 85/15 ngered [2] 89/24 93/1 [1] 81/22 ge [1] 77/16 ging [1] 27/12 ie [1] 1211 ish [2] 90/16 90/23 nce [2] 36/10 40/16 need [1] 51/5 [1] 52/23 en [1] 33/12 gh [1] 70/5 -e [1] 27/5 Is [1] 41/20 isiast [1] 50/3 e [3] 29/13 78/187/22 e -- [1] 78/1 J1] 22/17 cerates [1] 89/15 ,onment [4] 38/16 51/13 51/15 62/8 onment -- [11 51/15 Ily [1] 76/10 [3] 60/15 91/15 92/1 on [1] 16/2 rra [3] 22/145/3 46/8 especially [1] 42/1 essence [1] 57/10 establish [11 42/5 establishment [14] 4/19 6/2 6/4 6/19 6/24 7/12 7/1411/17 1211112/2123/1128/14 30/1145/1 establishments [1] 25/19 et [2] 11/14 92/15 Eutopia [1] 10/5 even [7] 20/22 44/18 76/5 78/12 88/14 90/7 90/16 evening [12] 5/610/4 21/25 22/4 22/10 26/1135/14 35/15 49/22 56/12 61/10 63/10 ever [3] 20/20 2212163/15 every [5] 26/14 67/2169/16 72/13 83/6 everybody [3] 75/5 76/10 78/6 everyone [1] 54/8 everything [2] 68/18 78/1 evicting [1] 92/5 evidence [3] 18/4 47/7 47/9 exact [1] 17/15 exactly [4] 74/12 75/3 76110 88/6 example [1] 18/5 exceed [1] 11/24 excessive [1] 12/16 excuse [3] 18/18 51/17 95/6 Executive [1] 21/13 exempt [1] 25/10 existing [5] 5/14 8/241412215/24 20/11 expand [3] 30/25 71/4 80/22 expanding [2] 36/153/22 expansion [9] 8/1713814/2015/23 20/12 20/25 21/1338 37/2 experience [1] 54/9 experiencing [1] 53/20 Expires [1] 97/20 explain [1] 21/15 explained [1] 43/13 exposure [2] 51/25 52/6 extended [1] 55/1 extensive [1] 75/25 extensively [1] 74/6 F fabrication [1] 11/12 face [3] 64/2187/6 87/11 face -- [1] 87/11 facilitate [1] 11/21 facilitating [1] 26/24 facilities [8] 13/16 28/9 28/1128/13 28/16 50/9 52/19 53/23 facility [3] 10/1511/18 53/24 fact [12] 36/12 39/1141/9 48/8 51/9 56/1. 59/6 59/13 59/18 86/14 86/15 86/25 factor [2] 25/20 26/1 factors [1] 37/12 facts [1] 42/9 failed [8] 20/4 20/5 21/9 21/9 21/19 42/4 60/25 78/21 failed -- [2] 20/4 21/9 fails [1] 6/19 fair [1] 48/19 fall [1] 71/9 falling [1] 72122 falls [3] 70/23 71/18 72/23 familiar [1] 13/12 family [4] 38/17 63/163/18 91/10 far [8] 56/16212 76/19 80/17 86/2 86/23 88/1388/16 father [1] 75/21 favor [5] 45/10 50/1163/13 83/18 91/16 102 favorably [1] 70/20 MOT [1] 80/21 feasible [1] 31/14 February[1] 50/13 Federal [1] 91/7 feel [2] 45/22 88/9 feet [20] W2417/1118/25 19/119/2 19/5 19/6 19/1134/20 66/9 66/17 84/17 84/18 84/19 84/23 87/187/3 87/8 87/9 88113 felt [1] 63/16 few [5] 35/5 35/12 48/166/9 78/19 File [2] 1/114/13 filed [1] 18/17 filled [1] 13/19 final [3] 6/15 38/195/22 finally [2] 7/5 44/9 Finally -- [1] 44/9 financial [1] 37/17 financially [1] 97/10 findings [5] 5/4 7/18 7/20 9/716/13 fine [1] 87/15 finish [1] 68/22 first [9] 3/20 10/6 16/25 56/23 63/14 66/23 66/23 86/3 89/13 first -- [1] 66124 fisheries [1] 13/16 fisherman [2] 29/23 40/17 fishermen [3] 36/2138/12 70/6 fishery [3] 5/2168 34/13 fishing [6] 12/316/18 57/13 70/2 92/15 92/18 fit [1] 92/11 five [5] 20/120/5 60/25 91/15 93/3 flaw [1] 86/12 flip [2] 66/25 67/1 float [1] 67/17 floor [5] 5/19 62120 86/8 87/4 87/5 Florida [16] 1/3 4/18 5/4 7/23 8/517/2 22/8 26/13 26/17 30/13 42/7 50/22 63/1197/2 97/1197/19 flowing [1] 50/14 focus [3] 34/15 34/22 37/18 folks [4] 36/22 50/5 52/186/13 follow [2] 11/6 42/13 following [4] 6/17/2133/4 60/18 food [13] 4/19 6/2 613 6/18 6123 7/117/14 12/2123/1125/19 40/15 43/12 44/25 foot [1] 38/13 footage [3] 18/5 34/18 38/4 footages [2] 34/15 34/22 for -- [1] 67/20 for the [16] 6/7 7/3 7/19 8/1127/14 37/8 37/10 38/25 42/15 46/2160/12 60/16 61/6 89/189/2 90/10 foregoing [1] 97/6 form [1] 18/5 forms [1] 36/19 Fort [10] 38/140/13 48/7 5]/1153/25 62/22 61122 63/169/19 85/21 forth [8] 6/20 24/16 45/24 47/215112 58/13 72/177/5 forward [5] 45/25 47/4 69/10 8112 84/14 forward -- [1] 84/14 foster [2] 138 20/12 fought [3] 14/2 53/1157/19 found [4] 17/2 26/20 33/25 34/10 four [1] 39/25 from -- [1] 80/12 from the [1] 2217 front [7] 5/12 18/13 38/22 64/10 74/17 74/2387/13 fuel [2] 48/6 48/8 Submitted into the public record for item(s) PZ.3 _ on 11/16/2017 , City Clerk At r fulfill [1] 7/2 full [1] 4/4 fully [1] 90/1 fumes [1] 12/17 functions (1] 11/10 fundamental [2] 64/15 64/23 further [6] 14/17 27/1138/20 66/177/23 97/8 7 u J 1 furthermore [3] 27/10 69/2170/5 future [5] 26/6 31/137/10 40n 54/23 G Garavaglia [3] 1/16 2/1195/17 Garcia's [2] 80/15 80/16 general [2] 25/18 89/21 generally [2] 12115 42/9 generate [1] 12/16 generates [2] 36/7 58/12 gentleman [3] 50/5 58/169/9 gentlemen [1] 83/9 Gersten [4] 1/17 2/13 90/14 95n get [20] 15/1415/15 22/4 38/145/14 46/2 46/5 46/23 48/14 48/25 49/149/20 59/8 71/22 74/2178/15 81/2181/22 92/12 93/14 get -- [1] 46/5 gets [2] 22/6 69/17 Gibbs [10] 10/310/5 21/8 25/2134/6 43/2 47/5 55/16 88/15 93/10 Gibbs' [1] 64/17 give [4] 35/24 57/25 74/8 90/3 giving [1] 70/8 glad [1] 75/6 go [37] 15/615/815/1215/17 21/6 23/14 38/6 381740/10 40/10 40/12 40/14 43/25 44/5 45/74 55/1164/2 64/3 64/17 64/18 65/74 70/4 72/25 73/3 73/9 73/16 73/17 73/18 79/18 80/10 82/15 83/5 84/2185/4 85/15 90/5 93/22 goal [5] 33/22 33/22 40/140/15 40/23 goals [1] 9/1 goes [3] 9/1614/17 88116 going [68] 3/12 3/20 3/22 4/3 4/5 4/8 8/3 15/2 15/6 15/8 17/12 21/14 22/3 22/4 25/15 26/10 29/2135/5 39/15 39/24 40/2140/22 41/13 41/25 45/24 46123 49/2 51/4 59/19 61/2162/2 62/6 62/12 63/5 64/20 66/14 66/14 66/15 66/17 67/10 70/20 72/173/18 76/9 77/4 78/6 78/12 79/3 79/3 79/6 82/21 83/183/12 83/14 83/16 86/2 87/5 88/6 88/18 89/3 89n 90/13 92/25 93/2 93/24 94/194/2 94/18 gone [2] 29/22 72/13 good [13] 5/610/4 2125 35/14 49/22 56/12 61/10 63/10 68/5 68/5 68/15 73/11 81/2 got [14] 13/1219/17 33/16 43/2162/14 73/8 81/6 81/25 81/25 821787/15 91/4 91/6 94/20 ;often [1] 55/17 ;overnment [1] 28/13 ;ranted [1] 87/15 great [6] 14/3 37/2145/1168/16 86/17 88/19 Greenway [11] 5/16 6/12 8/18/218/25 23/3 32/132/20 33/12 33/2160115 ground [2] 86/8 87/4 group [8] 13/14 48/10 52/13 52/16 52/18 52/25 54/5 55/2 Grove [2] 10/6 56/21 grown [1] 37/22 growth [1] 53/21 guide [2] 9/15 26/5 guidelines [6] 25/6 25/9 25/1129/5 31/25 81/13 guides [1] 37/3 guiding [1] 53/13 guns [1] 66/13 Gustavo [2] 22/12 42/3 Gutierrez [3] 1/18 2/15 94/21 guy [2] 62/4 68/13 guys [15] 521759/16 65/10 65/23 68/3 68/15 69/4 69/5 69/18 69/18 69/23 71/5 74/9 74/12 87/25 habitat [2] 90/6 90/10 nad [19] 24/5 241724/8 24/12 29/8 34/15 35/6 37/18 55/8 58/15 58/17 60/4 62/11 63/19 64/8 67/167/6 79/20 79/22 had -- [1] 79/22 hand [1] 13/22 handles [1] 11/3 hands [1] 68/11 Hannah[1] 61/11 happen [5] 36/23 51/25 85/2187/14 90/12 happening [2] 33/179/24 happens [3] 47/1171/17 84/9 happiest [1] 39/1 happy [2] 41/22 82/10 Harbor [1] 63/3 hard [3] 40/2 53/1166n has [45] 4/6 9/18 12113 14/117/25 18/4 18/8 22/25 25/16 29/18 31/4 34/3 38/3 39/11 39/13 411142/2 42/4 44/5 48/3 48/6 50/21 51/6 52/4 52/16 55/8 55/13 55/16 55/18 58/16 59/4 64/167/2171/2 72/3 72/4 72/14 76/23 82/5 82/13 83/16 84/4 90/192/3 9217 hasn't [3] 21/22 62/17 72/15 hate [2] 59/9 59/10 hauling [1] 28115 Havana [5] 5/14 6/13 7/4 8/14 33/6 have [199] have -- [2] 50/20 69/4 haven't [2] 1811619/6 having [7] 29/19 33/18 38/24 68/16 69/18 83/2585/19 hazardous [1] 12118 he [44] 21113 21/14 26/3 29/13 30/130/3 30/4 30/5 30/5 30/6 34/15 35/6 35n 39/16 39/17 39/20 41/6 411748/3 48/6 48/6 48/8 48/9 48/12 48/14 48/16 48/16 48/18 60/3 64/18 64/18 65/13 65/14 66/22 66124 67/1 67/5 67/5 67/6 69/15 70/5 73/18 91/12 91/13 ie'll [1] 21/14 'ie's [2] 21/13 4117 health [1] 37/12 iealthy [1] 40/3 near [6] 4/4 4/8 24/14 49/5 65/10 67/14 hear — [1] 67/14 heard [4] 39/12 62/16 77/8 90/4 hearing [4] 9/25 10/12 43/5 63/15 heart [1] 37/20 heartbeat [1] 65/11 heavy [7] 10/25 11/111/14 64/3 64/4 66/8 66/12 held [2] 60/6 77/24 Hello [1] 54/20 help [2] 75/4 84/21 ier [1] 9/24 'iere [87] 216 2/8 2/10 2/12 2/14 2/16 2/18 2/20 2/22 2/2413/21 14/9 19/2219/23 21/12 22/15 22/16 23/6 23/10 25/125/5 27/19 32/9 103 33/2 33/14 36/3 36/9 38/19 38/23 39/16 40/3 41/20 42/3 46/14 481748/14 49/23 50/4 50/5 son 50/8 51/2152/10 52/12 52/25 56/20 57/16 59/1159/15 59/16 59/19 60/3 64/20 65/1166/6 68/9 69/3 69/23 69/24 73/6 76/3 76/13 76/15 76/18 78/2 78/1178/14 79/10 79/10 79/23 80/4 80/6 80110 80/20 80/21 81/5 81/19 83/24 85/2 85/3 85/5 85/5 85n 86/13 86/24 89/24 92123 hereby (1] 97/4 Hey [1] 38/18 Hi [2] 65/8 71/5 high [1] 79/12 high -- [1] 79/12 higher [1] 84/21 highest [1] 84/24 highest -- [1] 84/24 highlight [1] 8/3 highlighted [1] 32/20 him [8] 39/18 41/6 411748/5 58/24 66/25 67/1091/11 his [13] 10/1510/2210/22 30n 39/18 39/23 39/25 48/14 58/23 60/5 66/12 91110 91/14 historic [7] 13/13 52/18 53/10 54/154/25 551555111 history [6] 13/13 38/23 55/5 62/2179/14 92/4 bit [1] 56/23 hold [2] 39/24 49/12 home [2] 83/2184/9 honest [2] 78/10 78/13 honestly [1] 75/25 hope [1] 56/6 hopefully [1] 54/24 hoping [1] 7517 host [1] 4913 hostesses [1] 68/10 hotel [3] 44/14 46/17 54/25 hotels [8] 8/9 27/24 44/10 44/10 44/16 46/9 46/1367/19 hours [1] 10/74 housed [1] 17/10 how [12] 17/2218/6 45/15 49/8 55/10 73/8 73/24 75/4 83/14 84/14 84/14 88/9 however [8] 25/6 29/8 34/9 35/9 46/2154/8 57/477/9 huge [2] 821893/14 I'll [8] 19/24 41/22 50/12 73/4 73/5 78/10 8211594/6 I'm [76] 3/13 8/3 12/5 16/24 22/3 22/4 2217 22/10 22/12 24/16 26/10 30/2130/22 32/13 32/14 35/16 35/16 36/9 37/14 37/15 39/15 39/18 39/18 39/74 41/8 41/1141/25 42/25 46/23 48/5 49/74 50/3 52/10 52/12 61/11 61/12 61/13 61/14 62/4 63/4 63/5 63/12 65/9 65/19 65/22 66/6 66/6 67/9 68/23 69/11 70/13 70/13 70/23 72/2 75/2 75/6 76/2 76/8 76/9 76/13 77/14 78/9 78/9 78/15 78/16 79/17 81/2 82/4 83/18 87/187/74 89n 93/8 94/2 94/17 94/18 I've [18] 19/17 20/19 32/20 43/2147/17 47/20 47/22 48/3 48/20 60/161/15 61/16 64/8 65/12 78/14 83/2191/193/8 ID [2] 1/114/13 idea [2] 40/17 90/15 identity [1] 52/16 illuminations [1] 12/17 imagine [1] 55/16 impact [1] 12/19 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 1 '7 F L little...111] 57/19 59/19 61/16 62114 80/1 81/4 83/20 84/2186/6 87/2 89/11 live [6] 54/20 61/22 62/9 63/183/20 84/12 lived [2] 61/15 93/8 lives [1] 93/12 living [5] 24/16 37/13 40/4 69/20 73/14 local [1] 16117 locals [1] 48/15 located [7] 4120 5/2 5!115/15 33/6 57/24 59/25 location [15] 8/1419/20 23/16 26/8 28/7 30/6 30/7 53/24 54/1159/3 65/2165/25 70/2172/7 75/19 locations [1] 34/23 lodging [2] 28/128/14 Loft [1] 68/15 long [11] 13/12 37/1154/156117 61/16 76/24 83/9 89/14 91/2 9111193/9 look [13] 16/25 16/25 17/118/1218/23 37/5 55/4 66/10 7215 75/7 82/2 82/13 88/10 look -- [1] 16/25 looked [1] 71/2 looking [3] 73/7 76/13 86/24 looks [1] 88/22 lose [1] 69/18 lost [1] 69/17 lot [20] 19/1122/5 25/16 32/25 34/17 51/7 58/10 5811158/12 68/3 68/7 68/7 71/13 76/18 78/9 78/16 82/24 83/10 88/3 92/24 loud [1] 73/17 lounge [6] 6/2518/2419/5 76/20 78/4 87/7 love [4] 45/17 54/9 54/9 85/19 loved [1] 54/10 low [3] 70/22 70/23 79/13 lower [17] 23/2 33/5 47/19 71/2 71/6 71/18 72/172/16 72/22 79/12 83/183/183/1184/2 86/6 92/3 93/24 lowest [1] 87/21 macro [1] 37/9 made [8] 6/10 21/17 29/13 30/17 47/22 60/1161/3 78/20 main [3] 40/17 77/4 87/8 maintain [8] 14/18 2614 27/8 31/5 57/19 70/25 74/18 74/18 maintain -- [1] 74/18 maintaining [3] 8120 33/10 7211 maintenance [1] 36/20 major [3] 11/25 93/12 93/18 majority [1] 92/8 make [20] 9/219/24 23/2127/2 27/3 35/8 36/22 41/8 42/20 61/2 68/5 74/7 78/19 79/25 82/24 83/13 88/2193/2 93/1194/6 makes [5] 21/12 38/5 72118 72119 86/11 making [2] 5/4 41/13 Malaga [1] 63/11 Management [4] 31/13 31/20 31/24 32/3 Managing [3] 57/22 59/24 91/24 Manatee [2] 70/2 70/3 manners [1] 72/6 Manny [1] 63/11 mansions [1] 51/12 mantel [1] 39/21 Manuel [1] D70 manufacturing [1] 11/12 many [21] 14/2 49/8 50/4 50/22 50/22 50/22 50122 6212163/19 63/19 63/20 64/9 64/13 70/3 70/17 72112 79/24 83/23 86/10 86/15 93/12 Maria [2] 1/181/18 marina [6] 25/17 29/6 69/13 80/3 80/20 92114 marinas [4] 12/313/17 28/15 52/18 marine [51] 10/16 10/22 13/20 13/24 15/25 16/2 37/137/8 39/9 39/16 48/10 51/14 51/23 52113 52/15 52/17 52/19 52/19 52/25 53/1 53/4 53/7 53/7 53/15 53/18 53/23 54/154/2 54/5 56/13 56114 56/19 56/24 57/2 57/3 57/5 57/9 57/10 57/12 57/16 65/14 65/19 65/22 69/22 77/22 79/5 84/10 92/5 9216 92110 92116 marine -related [3] 11/17 12/2 12110 maritime [1] 11/21 Mark [1] 52112 Marti [1] 80/10 Martin [3] 82/10 91/16 9211 Martin's [1] 60/16 masquerading [1] 70/10 massive [1] 59/21 Master [3] 34/1149/24 79/14 matter [4] 39/1159/13 59/18 83/13 maximum [1] 84/22 may [17] 1/410/1 17/14 24/14 24/15 24/25 31/2 32/17 32/2137/14 57/25 63/18 68/8 79/10 89/1190/12 97/6 maybe [8] 12/23 38/19 46/5 46/6 73/16 76/13 9313 93/4 MCMP [2] 6/22 7/7 me [44] 9/1518/18 22/8 39/14 39/17 39/23 39/24 41/6 41/7 41/1141/14 41/22 43/6 51/17 55/10 58/2 61/24 63/8 63/15 64/12 65/13 65/14 66/23 67/4 67/6 67/8 72119 74/17 74113 74/23 74/25 79/2182/5 86/12 87/17 87/23 89/20 89/23 90/13 91/22 92/22 93/14 95/2 95/6 mean [6] 11/23 20/2 55/17 67/1172/8 86/24 means [7] 8/110/18 27/22 37/6 46/1167/19 74/4 median [1] 87/22 meet [5] 6/19 7/6 66/2 85/3 85/4 meeting [4] 60/6 60/10 65/3 97/6 meeting — [1] 65/3 meets [2] 13/4 81/17 mega [1] 51/12 Melody [1] 1/20 member [2] 48/10 63/12 members [3] 1/14 5/7 52/23 men [2] 40/2 55/9 mention [1] 42117 mentioned [2] 9/6 49/11 merged [1] 33/17 Merrill [1] 56/20 messy [1] 14/3 Metro [2] 9/2 33/23 Metrorail [1] 61/24 MIAMI [171] Miami -- [1] 2611 Miami's [2] 39/5 53/9 Miami -Dade [3] 13/1815/1161/17 microphone [2] 47/547/14 mid [1] 47/19 middle [7] 70/22 71/10 72/20 79/12 79/13 83/2183/21 might [2] 10/8 44/21 Mike [1] 69/11 Milian [3] 1/16 2117 95/9 million [1] 50/2 millions [3] 50/23 55/2 55/2 Min [1] 1/24 minds [1] 88/4 105 Mint [1] 61!23 minute [1] 54/13 minutes [10] 10/121/16 35/5 47/14 49/6 51/16 51/18 54/4 60/10 66/11 Miss [1] 60/11 mix [2] 64/7 79/2 mixed [7] 50/19 64/184/3 86/186/8 86/9 86/9 models [1] 88/4 modified [1] 4/5 moment [1] 3/19 money [6] 51/2 58/1158/1158/12 68/5 91/7 more [18] 19/819/1133/25 37/7 37/137/8 44/22 58/15 69/8 69/15 70/20 78/6 85/19 86/6 86/20 87/4 89/193/6 most [7] 58120 59/3 59/9 63/2164/164/1 87/23 most -- [1] 64/1 motel [2] 44/14 46/17 motels [5] 8/9 27/24 44/16 46/9 46113 motion [16] 20/2 20/4 20/4 21/17 21/19 60/1160/25 61/2 78/20 7812194/5 94/6 94/9 94/1194/16 95/19 motions [2] 61/3 70/15 motives [1] 42/10 mouth [2] 13/18 22/23 moved [4] 53/24 61/19 75/18 78/22 Mr [8] 2/5 2113 2/17 5/1 6111 80/5 911195/5 Mr. [47] 2/3 217 2/112/19 2/23 3/10 3/19 3/23 10/3 10/1121/8 21/12 22/18 25/2134/6 35/13 38/3 39/10 41/5 43/2 47/5 55/16 57/25 64/17 69/24 70/15 71/23 73/173/2 73/5 79/9 82/17 82/18 88/15 89/9 90/14 91/6 91/19 93/10 94/15 94/25 95/3 95/7 95/9 95/11 95/1595/17 Mr. Althabe [1] 95/3 Mr. Bebow [2] 21/12 91/19 Mr. Brett [1] 91/6 Mr. Carlson [1] 39/10 Mr. Carmeli [1] 35/13 Mr. Carmeli's [1] 69/24 Mr. Chair [2] 3/19 57/25 Mr. Chairman [3] 3/10 3/23 82/17 Mr. Collins [2] 217 73/2 Mr. Garavaglia [2] 2/1195/17 Mr. Gersten [2] 90/14 95/7 Mr. Gibbs [9] 10/3 21/8 25/2134/6 43/2 47/5 55/16 88/15 93/10 Mr. Gibbs' [1] 64/17 Mr. Milian [1] 95/9 Mr. Offitt [1] 10/11 Mr. Offitt's [1] 22/18 Mr. Parrish [4] 2/3 89/9 94/15 94/25 Mr. Pina [7] 2/19 70/15 71/23 73/5 79/9 8211895/11 Mr. Tucker [1] 38/3 Mr. Tucker's [1] 41/5 Mr. Vadillo [3] 2/23 73/195/15 Ms [7] 2/15 2/2145/3 46/8 94/2194/23 95/13 Ms. [1] 2/9 Ms. Lievano-Cruz [1] 2/9 much [13] 9/13 24/18 37/12 3915 45/24 62/20 64/25 65/5 65/6 78/13 86/5 87/11 90/22 multi -use [1] 54/6 multiple [1] 76/15 Murley [2] 60/14 92/1 must [1] 14/14 mutually [1] 51/3 my [56] 9/12 10/4 10/13 13/2114/10 21/16 35/15 40/2 41/10 42/24 43/4 43/12 43/17 Subl.iitted into the public record for item(s) N[.3 on 11/16/2017 City Clerk fl 0 M n my... [43] 44/12 45/10 49/22 50/6 51x0 52/12 56/2158/7 58/18 61/10 62/6 63/1 63/10 63/18 641864/10 651865/10 65/20 65/22 66/2 66/3 67/17 67/17 69/1170/18 71/9 73/24 74/22 82/182/15 83/22 841886/1 89/23 89/25 90/10 91/22 92/19 92/22 93/6 97n97/20 my — [1] 89/23 name [9] 10/4 35/15 47/14 49/22 52/12 61/10 63/10 651869/11 named [1] 49/12 natural [2] 22/25 3618 nature [1] 54/6 navigable [7] 8/1127/127/4 27n 27/9 28/2 Navy [2] 62/24 63/2 necessarily [3] 33/17 34/22 85/5 necessary [1] 14/4 necessity [1] 48/4 need [23] 3/25 9/2515/16 27/17 28/23 28/24 29/129/2 35/20 441745/12 50/20 50/23 57/18 64/15 67/18 67/23 67/24 68/12 68/12 68/20 69/3 70/25 need -- [2] 68/12 68/20 needed [2] 34/10 60/24 needle [1] 66/13 needs [2] 43/18 76125 negative [2] 12/18 75/2 neighbor [1] 85/4 neighborhood [4] 7/4 8/2 55/24 55/25 neighboring [1] 53/4 neighbors [2] 23/20 59n neither [1] 20/14 Neo [2] 64/9 68/15 Net [2] 5/14 6/13 never [3] 15/6 78120 78122 new [13] 18/14 35/16 35/17 47n47/850/14 50/15 51/1153/2153/2180/14 84/9 87/23 newcomers [1] 52/23 next [22] 9/1610/14 39/14 39/25 41/9 41/12 48/22 49/4 52/8 54/18 56/5 57/25 58/1161/9 66/17 67/1180/6 85/13 90/14 92/22 93/3 93/4 nibbling [1] 15/10 nice [2] 64n 67/5 night [1] 91/23 Nine [2] 96/2 96/3 no [36] 1/9 3/3 4/16 4/17 5/9 8/4 9/1012/20 17/22 17/25 18/4 21/1121/22 21/22 21/22 24/12 25/4 33/17 33/22 33/23 46/19 5118 61/3 64/19 67/167/9 6918 78/23 81/9 81/9 93/6 94/18 95/2 95/6 95/18 97/20 noise [10] 12/17 41/9 41/13 66/16 83/13 84/8 84/22 85/2 85/13 85/16 noises [2] 73/18 84/11 non -accessory [1] 34n non -college [1] 68/3 non -marine [1] 57/2 non -related [1] 29/16 non -water [1] 14/15 non-water-dependent[1] 29/16 non -water -related [1] 14/16 none [2] 15/19 59/15 North [2] 35/25 52/13 Northeast [2] 54/2158/5 northside [1] 80/12 Northsmen [1] 50/5 NORTHWEST [12] 1/10 5/3 5/12 5/24 10/10 24/4 24/152/13 57/24 60/165/10 69/12 not [118] not -- [2] 39/18 83/7 Notary [1] 97/19 note [1] 75/9 notes [1] 97/7 nothing [2] 17/25 39/19 notice [1] 23/20 now [31] 9/1911/912!1013/2 13/613/11 15/2 17/12 21/6 23/18 24/14 29/1131/2 33/4 34/14 39/16 43/9 45/4 53/20 58/23 58/24 61/15 62/23 71/13 71/19 77/18 78/14 81/9 83/16 83/24 87/24 nowhere [3] 12/61217 90/4 number [5] 57/15 58/9 86/13 92/12 92/13 O O'Neil [1] 60/11 objective [1] 13/3 objectives [11 33/24 obligations [1] 66/3 obvious [1] 7219 obviously [4] 47/24 72/4 77/15 86/12 occurred [1] 85124 ocean [1] 52/21 Octavio [1] 60/2 of -- [6] 38/13 73/8 75/181/14 87/192/13 off [2] 76/9 87/25 offer [1] 28/10 office [9] 8/18 241824/14 251825/9 25/18 29n 33/9 33/19 offices [5] 10/5 22/135/17 57/23 59/25 officially [1] 59/21 officials [2] 41/19 41/19 Offitt [3] 10/1010/116518 Offitt's [2] 22118 80/5 A [1] 32/17 okay [17] 3/18 21/24 43/10 46123 47/12 65/1166/19 66/25 67/2 67/4 68/12 68/22 73/22 77/25 83/1185/10 96/3 old [6] 38/25 55/4 551862/23 79/1191/22 old -- [1] 62/23 oldtimers [1] 52/23 on — [1] 5/25 on-site [1] 35/9 once [3] 7/1015/5 44/21 one [42] 3/1914/515/1 18/17 28/22 32/16 32/17 32/24 35/22 38/2138/23 43/14 49/5 51/8 58/25 61/19 63/13 64/167/6 67/21 69/16 701870/9 71/18 72/13 72/23 73/23 75/176/15 76/17 76/19 78f7 78/19 79/8 82112 83/3 84/24 87/16 87/16 90/19 90/24 92/5 online [1] 18/17 only [9] 8/1916/2132/1133/10 37/155/18 59/2 62/1187/4 open [4] 19/2 28/9 47/186/17 opened [3] 71/19 80/14 87/19 opening [2] 40/18 41/11 opens [1] 85/12 operate [1] 69/13 operated [1] 47/18 operates [1] 10/24 operating [2] 77/22 86/23 operation [4] 11/19 34/24 49/4 92/15 operational [1] 40/4 operations [3] 1214 35/18 51/9 operator [2] 24/15 39/19 operators [2] 52/20 53/22 106 opinion [4] 71/9 82/4 89/25 90/11 opportunities [3] 7/9 681868/9 opportunity [2] 47/8 58/1 oppose [1] 39/15 opposed [1] 38/22 opposite [2] 48/16 64/4 opposition [1] 78/13 order [8] 4/123/15 30/18 32/5 48/14 50/18 80/2285/8 Ordinance [4] 4/17 4/18 9/617/14 organisms [1] 37/13 other [26] 11/20 22/20 23/4 25/17 26/25 27/5 28/15 34/146/6 48/155/14 61/3 61/22 66/18 67/20 68/17 68/19 73/12 74120 76/1 78n 80/18 83/3 87/8 87/15 88/11 others [2] 54/2 91/16 otherwise [4] 12/16 39/15 47/25 66/2 ought [11 39/24 our [32] 22/16 23/5 23n 23/7 23/10 23/14 24/20 25/3 25/12 25/24 29/19 34/18 36/23 37/25 38120 38/24 40/23 42/2 42/9 53/2 57/16 60/2 66/5 67n 69/9 7018 7417 75/9 79/4 85/4 87/2 88/4 out [35] 14/415/16 25/2 25/15 29/22 36/12 39/24 40/3 41/4 44/5 49/2 54/10 56/158/1 58/3 63/15 64/17 65/23 65/24 66n 69/16 70/4 73/8 73/9 73/18 79/180/24 81/19 81/22 82/1284n87/1 9217 93/3 94/1 out -- [1] 92/7 outdoor [10] 4/22 5/216/3 7/14 10/14 19/4 19/519/9 48/22 75/21 over [16] 14/217/1122/16 23/10 281730/16 35/18 46/24 50/152/15 591861/16 63/20 79/23 85/4 93/15 overhaul [1] 12/1 overnight [11 90/12 override [1] 44/17 own [4] 39n 63/2163/22 69/12 own -- [1] 63/21 owned [3] 47/18 80/24 83/21 owner [7] 10/1122/1135/4 49/13 54/21 56/56519 owner's [1] 39/2 owners [2] 37n 49/25 owners -- [1] 49/25 ownership [2] 39/4 61/13 owning [1] 80/6 P p.m [1] 1/5 PA [1] 26/3 package [2] 9/1145/15 Page [1] 33/22 pages [1] 97n paid [1] 39/14 paint [1] 11/25 painted [1] 50/6 Palm [1] 69/19 Pan [1] l/3 parasols [1] 55/9 parcel [6] 817 17/5 18/3 27/22 46/1180/21 parcels [41 81727/22 46/1185/23 parenthesis [2] 8/18 33/9 park [2] 80/10 80/19 parking [1] 48/25 parks [2] 50/16 52/2 Parrish [5] 1/19 213 89/9 94115 94/25 part [21] 20/8 31/18 38/13 40/22 55/155/3 59/4 60/1162/3 63/16 71/2 74/19 79n 79/13 81/3 84/2 84/1185/6 91/18 93/6 93/23 part -- [1] 59/4 Submitted into the public record for item(s) P'c.3 on 11/16/2017 , City Clerk fl C n 6� M 1 particular [7] 18/3 20/3 23/5 54/1163/24 87/1489/19 particular -- [1] 20/3 particularly [2] 32x7 92/24 parties [1] 97/9 parties' [1] 97/9 parts [1] 40/10 party [1] 9/20 pass [2] 42/19 58/1 passed [1] 3/12 passes [1] 95/19 passing [2] 25/15 58/3 past [3] 35/18 48/10 56/13 patrol [1] 62/24 patrolling [1] 63/2 pay [1] 39/14 paying [2] 41/6 41/7 pedestrian [1] 81/21 people [32] 11/2 13/19 13/23 13/24 15/3 27/3 37/4 38/14 39/6 40/4 40/9 40/14 50/7 51/14 52/5 56/7 59/1161/22 66/13 66/18 68/8 68/9 69/2 73/13 73/17 76/6 77/12 77/16 85/15 91/15 92/25 94/20 per [1] 60/22 perceived [2] 75/2.2 77/10 percent [1] 58/25 perfect [1] 67/25 period [1] 76/24 periodically [1] 61/25 permits [2] 77/22 92/12 permitted [8] 15/2516/11 17/4 23/17 30/22 32/15 47/24 47/24 person [2] 49/1187/20 personal [1] 63/6 perspective [2] 13/13 83/20 Phil [1] 56/12 photographs [1] 55/8 physical [3] 31/15 59/2 75/20 physically [1] 18/7 Pick [1] 35/20 picture [1] 56/22 pictures [1] 55/5 piecemeal [1] 2017 pieces [1] 15/1 Pina [8] 1/19 2/19 70/15 71/23 73/5 79/9 82118 95/11 place [11] 16/9 41/12 44/5 50/19 66/16 71/7 72/8 74/24 86/5 88/6 90/2 placed [5] 4/2 72/16 74/20 75/17 75/21 places [3] 15/13 68/12 88/3 plan [68] 5/19 6/22 7/3 7/25 8/18/2 8/13 8/22 8/25 11/8 12/1413/313/714/1314/16 15/20 15/23 16/20 16/24 19/22 19/23 20/10 21/2 23/3 23/24 23/25 26/2 26/16 28/19 30/17 30/2130/24 31/4 31/9 32/2 32/3 32/13 32/19 32/20 32/24 32/25 3312 3313 33/12 33/14 33/18 33/2142(7 43/13 43/14 43/15 43/19 44/18 45/7 53/12 53/13 54/16 59/1 62/3 76/2 70/3 70/19 71/2 7]/1172/17 75/8 75/983/4 Plan -- [1] 70/2 Planner [1] 4/6 PLANNING [13] 1/14/14 5/10 6/10 9/7 23/19 29/18 42/1143/22 44/171/5 95/23 97/5 plans [10] 18/1218/14 32/2134/9 34/12 35/9 35/10 42/160/22 79/15 planting [1] 85/1 platform [1] 39/6 platforms [1] 38/1 please [9] 2/2 4/1113/22 46/3 61/7 61/9 69/9 71/494114 pleasure [3] 24/6 24/9 40/11 Pliegues [1] 63/11 plus [2] 47/18 70/7 podium [1] 46/6 point [16] 38/2140/3 4M 41/4 64/20 64/23 65/2 71/1173/1179/188/16 88/22 90/14 90/24 92/22 93/10 pointed [2] 36/12 38/4 points [3] 29/1147/22 78/19 police [1] 49/3 policies [2] 30/15 31/3 policy [6] 26/3 29/14 30/9 30/13 30/24 32/10 Port [21] 6/2113/913/11 13/1414/114/7 14/1114/13 14/20 14/21 14/2315/2516/5 21/123/25 25/7 25/20 28/18 30/25 53/11 53/15 portion [5] 8/22 33/5 33/13 38/5 70/19 portions [1] 32/18 ports [1] 52/22 position [1] 91/25 possibility [2] 88/23 89/5 possible [1] 92/9 potentially [1] 84/24 precedence [1] 88/22 predominantly [1] 61/18 prepared [1] 85/11 present [4] 1/151/23 2/4 65/4 presentation [6] 9/12 9/22 9/24 35/8 42/25 47/1 presented [8] 9/10 9/1917/2518/4188 18/1518/16 94/12 presents [1] 35/13 preservation [1] 31/6 preserve [3] 31/1132/5 36/11 president [3] 49/24 56/13 61/12 pressures [1] 57/4 presume [1] 84/16 pretty [3] 24/18 56/163/17 prevailed [2] 53/10 57/3 prevent [1] 62/25 previous [3] 17/1317/14 34/9 price [1] 59/14 primarily [1] 36/14 primary [7] 8/20 11/21 18/7 20/17 33/11 77/1179/3 principal [9] 17/4 17/6 17/8 17/17 18/2 18/1018/1119/19 90/18 prior [2] 62/10 66/24 private [5] 17/20 31/2138/24 50/23 78/7 privately -owned [1] 13/15 probably [6] 55/13 62/2163/25 87/2188/18 88/18 probably -- [1] 88/18 problem [3] 15/4 84/6 90/24 problems [1] 87/17 problems — [1] 87/17 proceed [1] 4/11 process [5] 23/15 41/2175/15 85/25 93/23 processed [1] 74/1 Professional [2] 97/4 97/19 proffered [1] 29/17 project [12] 7/2138/20 42/5 42/9 50/12 54/23 56/4 74/13 74/15 75/25 77/10 92/2 projected [1] 18/9 promote [1] 75/11 properly [2] 12/19 728 properties [15] 14/1015/120/8 20/1126/5 26/9 57/169/17 70/9 71/13 71/17 72/2184/4 84/1384115 properties -- [2] 84/13 84/15 107 property [48] 5/2 51115/13 88 14/23 15/6 16/5 29/9 29/18 30/131/17 31/22 36/13 36/14 39/18 43/20 4611149/16 49/17 56/5 56/8 56/24 57/5 58/23 62/17 63/2163/22 65/18 65/2166/166/12 66/23 66/25'67/3 67/13 67/13 67/14 67/18 67/2167/25 70/4 72/14 75/13 79/2181/7 81/8 81/10 92/11 property — [2] 66/23 67/13 proportion [1] 86/20 proportionately [1] 87/6 proposal [4] 7/2 24/20 60/18 92/16 proposed [12] 5/22 6/18 6/23 6/2510/20 18/24 18/25 1-9/120/14 42/5 54/7 75/8 proposing [1] 81/12 proposition [1] 69/24 protect [7] 13/714/7 20/10 29/15 30/14 38/2 53/9 protected [6] 10/1510/1810/1814/14 28/24 28/24 protecting [4] 25/22 25/23 53115 67/12 protection [3] 28!20 70/2 70/3 protections [1] 23/25 provide [9] 8/10 25/4 27/2.2 28/143/1154/2 73/13 75/8 81/21 provided [3] 29/5 31/17 74/10 provides [9] 8/8 23/20 34/24 34/25 34/25 37/25 46/12 68/7 68/7 providing [5] 5/516/17 75/10 75/12 81/20 provisions [2] 6/2012/13 psychologically [1] 87/17 public [32] 5/7 8/119/2510/1217/1917/19 17/2117/22 20/23 24/24 24/25 25/5 27/9 28/2 28/10 28110 28/14 31/15 31/17 39/21 41/19 43/5 4316 47/2 60/6 60/10 60/2170/13 75/10 78/192/3 97/19 pumps [1] 40/12 purchased [1] 29/25 purpose [1] 11/21 pursuant [7] 4116 4/214/24 7/13 7/16 9/5 46/20 push [1] 14/3 pushed [1] 93/3 put [18] 15/415/515/615/7 22/5 228 38/10 42/23 46115 4717 51/2 62/18 71/3 80/24 90/2 91/1191/22 92/20 putting [2] 44/3 52/5 Q quadrant [1] 58/21 question [11] 218 21/8 34/6 44/13 45/22 46/4 46/16 64/15 76/2 78/9 92/20 questioning [2] 8216 8216 questions [10] 41/2142/2 42/25 44/22 46/1 70/14 73/23 78/10 78/16 82115 quite [2] 71/22 75/24 quorum [1] 2/25 raise [2] 13122 31/3 raised [5] 25/2129/1132/9 32/16 34/6 raised -- [1] 32/9 raises [2] 30/9 42/8 ramps [1] 28/15 ransom [1] 41/6 rapidly [1] 36/1 rather [2] 38/20 42/10 read [7] 3/20 3/25 4/5 26/3 60/5 79/25 82/4 reading [2] 22/7 78/11 ready [2] 79/17 94/4 real [3] 8/7 41/5 93/19 Submitted into the public record for item(s) PZ.3 on 11/16/2017 . City Clerk D is W M really [11] 10/17 36/7 51/6 56/6 64/7 70/8 77/2 77/2186/3 87/1190/25 reason [7] 7/19 41/5 41/6 42/5 66/5 91/2 94/2 reasons [4] 21/3 35/7 42/8 61/19 rebuttal [6] 10/110/7 43/3 43/5 43/8 44/21 receive [1] 74/5 received [1] 9/23 recent [1] 82/20 recently [1] 87/19 recession [1] 53/20 recognized [1] 29/2 recognizes [4] 26/23 27/1129/4 5416 recognizing [1] 53/14 recollection [1] 70/18 recommend [3] 20/3 21117 60/17 recommendation [3] 21/12 42/19 42/20 recommendations [3] 74/5 74/9 74/16 recommended [2] 78/24 92/2 (recommending [2] 42/2174/4 recommends [1] 9/8 record [19] 3/12 3/17 3/20 4/14/2 4/6 6/7 8/312/5 22/5 22/9 35/10 39/12 42/23 47/7 59110 60/5 61/8 97/7 records [2] 24/17 65/17 recover [1] 53/19 recovering [1] 37/17 recreational [22] 8/6 26/10 26/1126/18 26/22 26/25 27115 27/20 27/212813 28/5 28/12 31/6 31/1132/6 42/14 44/1144/12 46/10 51/23 57/15 93/5 redevelopment [1] 42115 reference [1] 12/20 referenced [1] 57/1 references [1] 29/13 referendum [1] 80/25 referrals [1] 6/11 referred [2] 26/15 33/18 referring [1] 47/23 refers [1] 26/16 refit [1] 67/25 reflected [1] 6/15 regard [2] 25/22 86/19 regards [11] 25/20 26/2 29/12 29/14 34/4 34/6 3519 35/1142/2 79/185/2 regime [1] 86/22 registered [3] 57/15 97/4 97/19 regulated [2] 66/7 84/7 regulations [4] 7/22 23/23 31/23 32/4 regulatory [2] 5/16 31/5 related [2] 13/20 53/12 relationship [1] 58/7 relative [2] 97/8 97/9 relaxed [1] 38/16 remain [1] 86/19 remaining [1] 70/9 remains [1] 24/1 remember [9] 10/17 14/12 17/14 55/22 80/17 82/19 83/14 86/3 91/3 removal [1] 20/7 remove [3]'30/19 90/6 90/9 removed [1] 16/6 rental [3] 5/22 20/22 75/18 rentals [2] 7/177/11 repair [5] 11/1913/16 52/19 53/22 53/24 repeat [1] 96/1 replace [1] 14/5 report [1] 97/5 REPORTER [3] 97/197/4 97/19 represent [3] 10/913/24 56/14 representatives [1] 13/23 represented [1] 52116 representing [3] 39/10 39/20 49/25 represents [1] 52/18 reputation [1] 51/5 request [1] 3/14 requested [3] 32/15 75/15 97/6 requests [2] 3/2 3/8 require [1] 31/21 required [2] 22/24 31/19 requirement [2] 13/5 34/8 requirements [6] 6/20 812011/712/14 33/11 81/17 requires [4] 14/1715/20 28/6 58/11 requiring [1] 93/21 rescue [2] 65/22 65/24 research [1] 28/12 reservation [1] 88/20 reserve [1] 10/7 reside [1] 61/11 Resided [1] 61/18 resident [4] 35/16 35/17 61/14 61/17 residential [10] 27/25 28/25 30/16 30/18 51/23 55/23 55/23 55/25 64/3 73/12 residents [5] 27/6 38/25 53/8 62/9 63/7 Resolution [1] 4/14 resolved [1] 46/2 resource [3] 68/6 68/6 69/1 respective [1] 6/16 respond [2] 43/6 47/8 response [2] 41/10 46119 responsibility [2] 67/12 69/5 restate [1] 46/3 restaurant [82] 5/15/20 5/216/6 8119 10/14 10/2011/5121712/912/2012/2212/2515/7 15/211618 16/10 17/19 17/20 17/23 18/11 19/10 19/10 19/15 19/19 19/2120/6 20/14 20/20 20/23 23/8 23/15 25/8 30/3 30/4 30/4 35/136/20 41/2 43/16 44/4 44/4 44/25 45/8 45/12 45/14 45/15 45/18 48/1148/2149/9 50/16 53/4 54/7 54/12 55/7 55/20 56/2 57/11 6217 66/8 67/5 67/19 68/13 68/14 69/2170/7 70/10 73/16 76/3 76/17 76/18 77/18 78/5 78/7 80/14 87/3 87/14 89/189/3 90/18 91/17 restaurant's [1] 85/14 restaurants [20] 16/2019/9 22/20 23/4 33/9 34/148/22 52/6 55114 55118 55/2162/6 66/19 73/10 81/185/19 86/16 87/18 87/23 93/5 restoration [1] 54/25 resulting [1] 53/11 retail [5] 8/19 25/10 33/10 34/180/4 reuse [7] 6/5 7/17 24/22 25/13 35/1157/9 57/11 revenue [2] 36/6 51/4 review [3] 74/5 75/25 97/6 reviewed [1] 23/21 reviewing [3] 74/23 75/16 75/16 revitalize [1] 24/20 rezoning [3] 23/23 30/22 32114 rezonings [1] 32/11 RFP [1] 80/24 Richard [1] 47/16 ridiculous [4] 38/6 87/6 88/12 88/13 riding [1] 62/5 right [31] 5/23 6/9 15/2 22/15 23/6 35/12 41/15 44/2 44/8 47/13 49/4 49/2159/15 61/23 61/24 63/23 64/6 64/10 66/17 71/8 79/19 80/6 80/1180/20 80/2181/5 81/9 81/16 83/16 87/24 90/24 risk [4] 511185/15 88/25 89/1 river [259] 108 River -- [2] 13/1136/17 River -related [1] 34/1 riverfront [2] 31/18 49/24 rivers [6] 36/17 37/13 37/20 37/22 40/9 52/1 Riverside [1] 81/24 Riverwalk [15] 22/24 31/2131/25 45/9 45/16 45/17 60/2175/1180/13 81/7 81/11 82/8 85/6 85/23 92/4 Road [2] 33/12 47/17 roll [3] 2/194/14 94/20 room [2] 13/19 56/7 rooms [1] 54/25 ruled [1] 14/6 rules [1] 87/13 run [1] 67/16 said [27] 15/2116/3 17/16 19/13 19/13 20/7 21/8 22/10 39/1139/13 41/8 41/25 42/24 43/7 43/14 59/14 63/4 69/15 82/18 83/11 83/25 87/10 89/5 90/6 90/15 93/194/1 ;ale [1] 4/23 sales [9] 5/22 6/8 6/25 24/6 24/10 34/25 38/1158/9 77/12 salvage [5] 10/910/15 53/3 54/15 65/9 Samba [1] 80/20 same [9] 17/1519/7 24/126/3 37/10 39/14 68/17 68/18 85/24 Sandy [1] 60/11 ;at [2] 47/20 67/3 save [1] 68/24 iay [23] 16/1518/2219/24 20/123/12 44/6 44/6 44/24 45/145/6 45/7 47/23 59/9 59/10 59/20 63/25 71/2172/20 72/24 85/19 87/13 88/9 90/7 ;ay -- [1] 16/15 saying [8] 15/3 17/8 18/1129/2138/18 39/12 68/23 93/23 ;ays [17] 13/4 16/10 16/20 17/2 27/5 27/8 27/10 28/5 30/10 30/24 31/14 31/20 32/10 44/16 45/5 46/16 54/9 scenario [1] 88/5 Sea [1] 80/15 seafood [2] 16/1716/19 seawall [1] 60/23 ;econd [4] 32/17 87/5 94/8 94/11 Secondly [6] 27/18 28/5 30/9 32/16 42/8 79/1 seconds [1] 35/12 section [20] 4/214/24 7/13 7/16 9/513/6 24/23 27/19 31/9 31/13 31/19 31/20 31/24 32/3 43/15 46/9 53/153/1181/4 89/19 sections [3] 29/13 32/2179/11 see [34] 5/18 5/2018/18 21/12 36/5 40/13 44/23 45/17 45/18 45/19 47/1150/4 50/7 50/8 51/22 61/20 62/162/4 65/5 66/8 66/10 66/10 66/11 71/11 72/13 73/8 75/4 76/14 76/19 83/4 83/6 83/7 83/24 88/25 see -- [1] 51/22 teeing [2] 69/8 70/17 leek [2] 23/7 54/3 seeking [9] 12/22 23/23 23/24 30/2130/22 30/22 32/13 32/14 36/9 ;eeks [1] 24/20 ;eem [1] 22/7 seen [8] 18/16 20/20 50/22 52/4 71/14 71/25 78/14 83/10 segment [1] 52/4 ielected [2] 30/6 35/7 ;ell [6] 16/18 39/2 40/20 40/20 40/2156/8 felling [1] 39/23 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk P D soles [1] 62/25 [2] 72118 72/19 separate [1] 85/8 September [1] 97/10 serve [5] 7/6 8/219/2 33/12 33/23 serves [2] 12/22 53/13 service [13] 4/19 6/2 6/4 6123 7/117/14 12/2123/1125/19 43/12 44/25 57/16 87/19 services [11] 6/19 34/25 37/25 38/13 38/25 40/16 481/48/9 50/4 69/14 73/13 serving [2] 52/2188/3 serving — [1] 88/3 set [1] 6/20 setbacks [1] 81/23 seven [4] 10/25 24/12 24/19 43/20 severability [1] 5/4 several [3] 25/22 34/4 69/14 sewer [4] 80/5 80/19 91/5 91/5 Shahab [6] 22/1135/3 35/15 58116 58/23 59/14 shall [8] 26/4 29/15 30/10 30/25 31/5 31121 31/25 32/11 shallow [4] 15/1215/1415/17 52121 shame [1] 41/11 share [1] 37/9 she [3] 47/23 67/7 73/11 ship [2] 48/5 68/1 shipped [1] 50/9 shipping [5] 121313/15 47/18 50/8 52/20 ships [3] 15/16 53/2169/13 shipyards [1] 52/18 shops [1] 34/1 should [8] 18/20 34/1150/25 54/9 59/8 86/19 86/19 93/16 show [4] 38/7 381850/13 79/8 showing [5] 17/22 17/25 18/6 18/9 5611 showroom [1] 38/10 shows [2] 18/118/13 shrink [1] 57/17 shrinking [2] 14/2514/25 shut [1] 41/16 side [9] 55/22 56/3 57/3 68/17 68/19 73/12 78/7 80/1181/23 side — [1] 55/22 side-by-side [1] 86/10 sides [1] 78/14 significant [1] 36/12 significantly [2] 35/18 36/25 signs [1] 53/20 silent [2] 82/5 82/11 similar [1] 83/23 simply [1] 61/14 since [2] 22/2189/5 sincere [1] 56/9 single [1] 39/10 sir [10] 3/15 49/2154/13 56/1157/2158/4 59/23 63/9 65/7 83/9 sit [2] 43/22 44/2 site [29] 7/2122/12 22/14 23/5 24/3 24/3 24/6 24/8 25/5 34/17 35/6 35/7 35/24 40/20 4212 53/5 57/10 60/19 60/2175/8 75/11 77/13 77/13 77/16 80/23 92/4 9216 92/9 92110 sites [3] 8/24 2411124117 sitting [6] 52/159/15 59/16 71/14 72/11 72/14 situation [2] 20/22 47/25 situations [1] 57/18 six [9] 19/25 20/5 31/3 60/25 84/17 84/18 84/19 84/23 91/15 dx: feet [4] 84/17 84/18 84/19 84/23 ;ketchy [1] 62115 ;kis [2] 90/9 93/5 ;fide [1] 5/18 ;lips [1] 92113 ;lowly [1] 90/9 ;mall [3] 13/1517/10 76/19 ;mallish [1] 17/10 Smith [1] 71/5 ;moke [1] 12117 ;o [128] ;ocial [1] 50/16 ;ocialize [1] 83/5 ;old [2] 58/23 65/13 ;ome [20] 814 15/13 17/13 18/20 37/14 43/2 47/22 48/17 50/8 50/9 50/25 61/2163/18 72110 73/10 80/6 80/19 85/186/186/18 ;omebody [4] 24/15 39/12 39/21715 ;omeone [3] 43/23 51/2152/10 ;omeplace [1] 30/2 ;omething [16] 12/2314/115/415/518/22 34/3 34/16 43/2143/24 51/3 59/7 70/11 75/14 76/4 76/24 76/25 ;omewhere [2] 16/12 45/5 ;orry [7] 3/13 52110 76/9 78/9 78/16 91/21 92/20 ;ort [2] 74/9 86/3 ;ought [2] 23/8 57/2 sources [1] 36/6 ;outh [18] 1/10 5/3 5/12 5/24 8/2210/10 19/2 24/4 2417 33/13 55/22 5612 58/22 61118 65/10 69/12 80/8 80/9 southeast [1] 22/2 ;outhern [1] 58/21 southwest [3] 49/23 56117 61/11 ;pace [6] 16/17 34/17 34/2155/19 69/16 85/5 ;paces [1] 34/16 ;peak [5] 21/14 35/10 39/13 42/158/1 ;peaker [5] 52/9 54/19 61/9 69/9 91/23 ;peakers [1] 69/8 ;peaking [1] 10/11 ;pecies [2] 89/24 93/1 ;pecific [7] 7/2120/9 29/5 29/9 32/20 40/1 89/22 ;pecifically [7] 13/4 31/10 33/3 37/19 74/14 76/1386/24 specifics [1] 8/4 ;.pent [2] 36/13 55/2 spice [1] 80/15 ;plit [1] 91/15 ;poke [1] 45/9 ;poken [1] 61/22 ;pot [6] 29/24 64/5 64/6 91/12 91122 92/21 ;pots [1] 36/2 ;quander [1] 69/2 ;quare [18] 17/1118/5 18/25 19/119/2 19/5 19/619/1134/15 34/18 34/19 34/22 38/4 87/187/3 87/7 87/8 88/13 squeezing [1] 54/10 ;tall [6] 1123 7/20 9/18 29/18 44/13 76/12 Staff's [1] 7/10 ;takeholders [1] 58/20 ;tandards [4] 5/17 5/17 24/23 25/3 standing [3] 54/155/9 57/7 standpoint [1] 58/15 ;tart [1] 80/2 ;farting [2] 80/12 93/20 ;tate [16] 7/24 8/12 26/18 26/24 27/1128/2 28/1129/2 31/10 42/7 42/13 60/10 89/14 89/20 97/2 97/19 state's [1] 27/1 [2] 31/4 76123 [7] 8/5 14/13 26/4 26/23 29/15 33/3 33/22 109 stating [1] 27/13 statute [18] 7/24 8/5 8/10 26/13 30/13 4211 44/9 44/16 44/17 44/24 45/2 45/6 4647 46/7 57/8 89/14 89/15 89/20 Statutes [2] 22/8 26/18 stay [1] 55/1 stem [1] 23/4 stenographic [1] 97/7 stenographically [1] 97/5 step [1] 84/14 Stevens [1] 56/20 still [2] 37/17 68/17 storage [2] 11/1411/19 stories [1] 86/9 story [1] 78/14 street [16] 22/16 22/2122123 22/25 49/23 54/2155/6 55/23 57/24 601161/1162/5 63/23 68/14 80/2 80/3 stretch [1] 90/21 strive [1] 36/17 strong [7] 39/17 53/9 53/20 59/19 61/5 88/2389/5 strongly [3] 50/1150/1163/17 structures [2] 9217 92/8 struggle [1] 53/19 Stuart [1] 60/2 stuff [4] 67/13 67/20 87/4 87/5 sub [1] 717 subcommittee [5] 6/13 42/20 60/13 78/23 92/1 subcommittee's [1] 60/15 subject [5] 5/18 6/18/14 46/2160/10 submit [2] 4/7 6117 subordinate [5] 17/4 17/17 17/23 20/16 20/18 subsequent [1] 63/15 subsequently [1] 60/8 substitution [1] 3/16 successful [3] 88123 89/6 89/6 such [3] 54/2 90/20 93/11 suggestion [1] 60/16 suited [1] 12125 sum [1] 36/13 supplanting [1] 50/17 supply [1] 52/20 support [24] 13/2113/2128/1128/12 47111 53/2 56/4 57/9 57/10 59/12 59/12 61/5 64/24 65/6 69/3 69/5 70/6 73/20 91/14 91/19 91/25 97113 94/3 94117 support -- [1] 69/3 supported [2] 67/8 83/17 supporters [1] 40/23 supporting [3] 52/24 82114 91/17 supportive [1] 55/14 supports [1] 91113 supposed [4] 30/14 57/12 67/14 86/6 sure [9] 18119 23/2124/16 27/2 27/3 48/24 58/24 82/25 87/1 surprised [1] 82/4 surrounding [1] 22/19 Sushi [1] 80/20 sweet [2] 64/5 64/6 sworn [1] 3/6 T tab [3] 29/12 3112 32/10 table [5] 4/17 7/1126/5 2618 46/21 tail [1] 19/14 Submitted into the public record for item(s) PZ�3 on 11/16/2017 0 City Clerk n 0 1 11 take [10] 31/2 34/14 34/18 35/5 38/9 50/19 73/74 74/6 74/2189/11 taken [7] 30/16 31/16 72/5 72/8 72/15 74/11 74/11 takers [1] 5111 taking [5] 71/1171/16 72/10 72/12 93125 talk [3] 35/5 55/5 76/12 talked [4] 46/8 50/15 66118 67/22 talking [10] 15/2 33/4 36/4 50/14 51/8 62/21 69/25 70/189/24 93/18 talks [4] 43/16 44/9 45/2 46/1 tall [2] 84/14 84/14 tangent [1] 76/9 tax [1] 51/4 Taylor [1] 49/23 technically [1] 78/23 teetering [1] 77/3 tell [9] 43/2143/25 48/15 50/12 5514 58/24 62/162/4 64/20 telling [2] 12/5 28/17 tells [2] 23/10 27/18 ten [6] 12/4 53/6 62/18 67/191/3 93/4 tenant [1] 67/6 term [7] 8/6 27/19 28/8 37/1144/25 46/10 86n terminals [2] 47/19 52121 terms [5] 9/16 7012174/13 81/14 86/7 testified [1] 91/12 testimony [1] 90/4 than [4] 19/1134/17 34/20 89/1 thank [43] 3/13/4 4/119/12 9/1410/2 21/4 21/5 21/25 35/14 41/17 41/23 41/24 43/1 45/19 46/22 46/25 47/12 49/10 5218 54/18 56/10 56/1157/19 57/2159/22 61/8 63/8 64/25 65/165/3 65/6 65n 69/6 69/6 69n 70/1170/12 79/16 79/17 92/20 9614 9614 thanks [1] 91/5 that [424] that -- [3] 48/20 64/14 87/12 that's [29] 7/19 10/17 14/8 14/12 15/4 15/14 17/5 19/11 19/20 40/23 41/14 43/12 44/7 45/1146/15 49/13 64/6 64/23 67/3 67/18 71/2172/23 77/4 84/22 85/14 88/3 90/13 90/2393/6 the — [3] 3/1210/2181/1 their [13] 9/2116/19 31/4 38/17 40/19 49/2 53/3 68/4 74/16 78/23 81/17 85/23 90/6 them [27] 13/2014/5 27/2 28/25 29/4 29/21 29/22 38/10 38/15 38/16 40/18 41/22 43125 44/20 46/2 50/8 58/2165/24 66/17 74/6 74/10 74/17 74/23 74/24 77/14 82/8 93122 them -- [1] 13/20 themselves [4] 34/2135/10 42/159/3 then [25] 4/6 9/2510/127/8 31/13 33/21 35/1139/6 41/144(5 45/2 48/17 56/25 62114 64/2 71/10 72/15 72/20 73/18 74/9 76/1 76/16 77/16 89/18 93/21 then -- [1] 9/25 there [95] 3/8 14/2 14/1151417/2217124 18/20 24/14 24/15 24/15 24/16 24/25 26/23 2743 27/13 27/15 28/17 31/3 31/9 31113 33/17 37/6 37n 38/8 38/14 39/12 4015 40/6 40/6 40/1141/2 41/13 41/2143/17 44Y 45/18 45/25 47/6 48/24 48424 49/9 5114 W21 57n 59/6 59/1159/18 64/19 65/12 66/10 6611166/14 67/4 67/4 67/5 67/6 6719 71/15 72/1172/14 73/10 73/1173/14 75/10 75/17 76/5 76/6 76/16 77/178/12 79/14 79/24 80/4 80/16 81/181/9 82/12 82/23 84/3 84/1184/13 84/20 85/1185/16 85/25 86/4 86/10 86/14 86/15 86125 87/4 87/1188/23 89/192/24 there's [8] 23/3 25/149/2 50/5 76/18 80/19 81/1894/9 these [50] 7/17 11/14 12J6 12/22 13122 14/3 151115/12 15/19 18/14 21/3 23/13 24/11 24/17 28/13 29/19 30/14 32/2137/3 37/4 48/22 50/25 51/151/12 53/25 57/18 68/2 68/3 68/9 69/2 69/5 69/17 69/17 69/18 71/3 71/8 71/13 72/10 72/13 72/18 72/2174/6 74/22 79/14 84/4 87/14 87/23 88/2 88/24 90/3 they [103] they -- [1] 87/23 thick [1] 85n thing [7] 16/2518/15 27/5 67/23 77/2179/8 88/12 things [13] 15/19 22/5 32124 45/16 48/23 67/22 75/175/9 79/24 82/6 82112 84/25 90/19 think [56] 19/25 36/8 37/9 45/19 48/18 51110 5213 55/1155/12 56/4 59/162/7 62/8 62125 63/164/14 64/14 64/18 64/19 64/23 69/24 73/5 73/19 73/19 76/4 76/22 76/24 77/2 77/4 78112 82/7 82/14 83119 84/3 85/22 86/2187/10 87/12 87/16 87/22 88/2 88/3 88/1188/12 89/15 89/19 89/2190/12 90/14 90/16 92/9 9211192/12 93/14 93/17 93/19 think — [1] 73119 thinking [1] 79/22 thinks [1] 52/10 thinly -veiled [1] 19/19 Us [209] this -- [1] 13/21 Thomas [1] 58/5 those [18] 18/1219/6 25/12 25/13 32111 34/1134/14 34/15 381139/6 57/17 67/22 71/16 79/9 83/3 83/4 90n 92/8 though [1] 90n thought [2] 90/2 95/1 thoughts [1] 51/20 thousand [1] 58/25 three [8] 7/1810/1 24/3 27/16 35/19 54/22 57/179/11 three-phase [1] 38/20 thresholds [1] 28/20 through [14] 7/9 9/161115 23/14 31%22 37/2 61/25 75/23 79/2181/19 82/23 85/14 93/22 97n throughout [6] 26/15 52/22 53/8 61/25 71/2575/15 throw [1] 82/12 tie [1] 77/19 tied [1] 79/4 time [29] 26/14 30/15 32/25 35/15 37/16 41/18 41/18 43/2 45/20 47/3 49/5 52/11 56/17 59/2159/22 61/5 61/16 63/8 63/14 65/5 67/6 72/13 76/24 79/18 83/10 89/12 91/2 91/1193/9 time -- [2] 49/5 56/17 times [2] 26/1169/14 title [1] 4/5 to do [4] 43/24 44/8 88/8 93/22 to the [58] 4n 5/13 8/119/112/20 13/18 13/2017/4 17/1217/17 17/18 17/20 19/2 19/13 20/17 20/18 20/19 21/2 21/18 22123 26/2 26/25 27/6 27/9 28/9 29/1131/15 35/9 35/1138/140/2 40/17 44/144/6 44/6 45/11 45/13 46/6 47/2 49/151/10 51/14 51/25 53/24 5912 59/4 6118 62114 70/14 75/11 75/13 75/24 77/13 79/2 89/4 90/14 90/23 95/23 110 today [9] 52/17 54/7.61/22 62/16 81/7 81/7 86/74 91/10 93/18 together [3] 40/74 68/24 91/6 tonight [10] 3/2 5/8 6115 14/9 1512 17/6 36/3 36/9 46/22 52/24 tonight's [2] 3/9 3/11 too [11 45/24 took [3] 48/8 53/9 66125 tools [1] 88/8 top [1] 91/8 Torrens [3] 1/20 2/2195/13 total [1] 87/3 touch [1] 58/18 tow [3] 22/18 52120 53121 towards [1] 63124 towed (1] 37/4 towing [10] 10/91011510123 49/14 53/2 54/15 65/9 65/19 80/180/8 Towing's [1] 84/6 town [1] 13/14 tows [2] 1114 65/25 trade [1] 6814 trading [1] 62/25 traditionally [1] 22/21 traffic [2] 12/18 70n transcript [2] 97/6 97/1 Transect [10] 4/215/2 5/15 612 616 7/12 7/17 11/1 11/10 11/16 transformation [3] 16n 50/19 63/5 trellis [1] 84125 tremendous (1] 40/12 trenches [1] 71/19 tried [1] 79/24 tries [3] 48/13 48/15 48/17 Troy [1] 49/22 truck [1] 68/10 true [2] 82/13 97n truly [1] 92114 try [2] 44/3 85/8 trying [7] 31/10 39117 51/1151/13 72123 79n89/17 Tucker [3] 10/4 38/3 38/23 Tucker's [1] 4115 tug [3] 12/4 52/20 53121 turn [3] 37/6 51/2 62/15 twin [1] 6216 two [20] 33/19 39/145/16 47/14 49/6 51/16 51/18 54/4 54/22 59/6 61/17 66/2185/8 85/9 85/23 88/24 91/25 95/20 96/2 96/3 two -minute [1] 47/3 type [14] 15/20 48/22 58125 59/4 61/13 61/14 65/18 66116 68/3 71/8 71/19 72/18 U U.S [1] 48/6 Uber [1] 77/14 ulterior [1] 42110 ultimately [1] 76/17 uncomfortable [1] 66/15 under [7] 19/2219/23 74/6 74/22 80/20 86/2397/12 underscore [1] 53/2 understand [6] 3/14 12/6 21/13 44/17 57/7 84/6 understanding [3] 43/4 43/17 78/15 Understood [1] 78/18 underutilized [1] 24/18 unfortunate [1] 85/25 Unincorporated [1] 13/17 units [1] 50/1 units -- [1] 50/1 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk fl E7 0 [2] 17219 95/22 [1] 16/18 unloading [1] 11/20 until [4] 24/5 248 24/9 51/6 until -- [1] 51/6 untrue [1] 18123 up [33] 13/2515/1219n 19/819/10 35/8 39/3 39124 40/2140122 41/1143/1145/3 45/15 46/15 47/147/5 47/14 51/5 55/9 62/14 62/24 63/2 64/9 66/166/24 68/4 708 73/11 79/9 80/14 9113 93/10 A [1] 60/17 1 [1] 94/10 1 [1] 30/2 [5] 70/22 71/10 72/20 79/12 79/13 -- [1] 79/12 [1] 52/3 [7] 6112 7/3 7/25 8/13 33/3 42/19 60/13 urge [2] 2113 64124 us [17] 22/18 22/19 36/24 39/8 401743/23 45/14 71/14 75/16 77/2180/6 808 82/2 83/5 87/13 88/4 90n usage [3] 40n 408 40/8 use [124] use -- [2] 33/4 39/4 used [5] 27/18 4312146/9 4815 62/24 user [1] 58/12 users [4] 371737124 38/159/1 uses [74] 5/2010/1911115111161212313/9 14/4 14/16 14/19 15/22 15/25 16/2 16/21 18/2 22/20 23/3 24/17 25/4 25/8 25/18 26/12 26/22 27/14 27/15 27/17 27/25 28/128/18 28123 28125 28/25 29/3 29/16 29/17 29/19 29120 29/25 30/1130/16 30/19 30/19 32/5 33/8 33110 33/15 33/16 33/19 3412 34/5 34/14 35/138/24 45/2 45/4 45/4 45/5 55124 64/169/22 7113 72/18 7316 73119 7912 79/2 79/16 80/18 83/2 83/4 858 86/10 89/16 90/3 93/5 using [3] 27/3 35/22 48/18 usually [2] 58/1182/3 utilize [1] 50/4 vacant [5] 15/3 24/1124/18 43/20 9217 Vadilla [1] 1/20 Vadillo [3] 2/23 73/195/15 valid [1] 42/5 value [1] 89/4 variety [7] 22/19 23/3 28/17 28/23 29/3 34/5 35/1 various [3] 27/14 27/15 28/20 vending [1] 4/23 vendors [1] 36/21 venues [1] 50/16 very [28] 9/13 2214 2218 33/15 40/1148/18 64/3 64/3 64/4 64/4 64/4 64/4 6425 65/5 65/6 6613 6615 66114 73/4 75/14 76119 7624 78/10 78/13 82/3 82/10 85n 88/8 vessel [1] 13/16 vessels [9] 10/24 1124 112516/18 28/10 28/13 57/15 632 70/4 via [1] 77/13 viability [3] 823 37/1137/11 vibrant [1] 168 Vice -Chairman [1] 1/16 vicinity [1] 32112 view [1] 68/18 viewed [1] 70/20 vintage [1] 55/8 vision [7] 9/3 30/8 32124 35/6 37/10 40/23 61/20 visions [2] 34/12 36/5 visitors [1] 27/6 visual [3] 12/18 31/15 79/20 vital [2] 68/6 69/1 vitalize [1] 62/19 voice [1] 73/24 volunteers [1] 41/20 vote [14] 42/19 60/25 65/4 73/25 75/2 78/17 78/25 78/25 8317 88/19 89n 94/18 95/19 95/25 voted [1] 19/25 wagging [1] 19/14 wait [1] 58/2 waitresses [1] 68110 waiver [4] 4124 6/4 6/17 7/15 waivers [1] 3/2 walk [2] 54/23 79/21 walked [1] 75/23 walking [3] 38/8 40/5 52/2 walkway [2] 24/24 25/1 walkways [1] 24124 wall [5] 84/15 84/16 84/25 85/3 8517 want [35] 10/118/2218/23 30/3 36/16 37/23 38/14 38114 38/16 38(19 39/3 39/14 40/9 41110 41/17 44n 45/1145/15 45/17 55/5 55/22 58/22 66/15 73/17 761776/9 76/20 76/25 77/5 78/15 78/17 81/14 85/18 888 88/21 wanted [12] 30/4 30/6 43/24 47/6 6112 65/14 65/18 75/3 78/18 79/1798 8113 [1] 8417 1 25124 30/5 76/12 788 Warehouse [1] 80/9 warehousing [1] 11/13 warrant [52] 4/16 5/9 5/25 6116 7/6 9/9 9/17 9/219/23 912410/1310/2111/612/21 12124 13t2,13/4 15/19 16/1 1614 16n 16/1019/18 20/4 21/4 21/9 23n 231723/1123/13 23/15 23/18 23/18 23/19 25/19 42/13 43/12 45/13 46/22 53/3 60n 60/18 64/16 64/22 73/20 74/2 88/1191/20 93/13 93116 94/2 94/10 warrant -- [1] 9/23 warrants [3] 86/17 87/15 88/11 was [81] 5/25 5/25 618 10/20 18115 18/15 18/1719/25 20/2 20/5 21/17 22/22 22/24 24/14 28119 30/16 32/16 32/17 32/22 32/25 32/25 33/133/133/15 37/17 41/1143/4 43/4 43/22 48/18 49/9 55/6 56/15 56/25 59/14 60/8 62/1162/22 62/12 62/23 63/13 64/10 65/3 65/4 65/14 65/17 65/18 67/5 67/5 67/9 7020 72n 72/19 72123 74/1752 751778/12 78/12 79/14 80/4 80/25 82/10 82/20 82/21 82122 8223 83/18423 8614 8920 902 9025 9112 91/4 91/5 91/14 93/119525 97/4 97/6 was -- [3] 32/17 67/5 78/12 wasn't [3] 67/4 67/5 82/6 waste [5] 12/18 41118 52/115920 5921 wasted [1] 8920 water [14] 8/8 8/20 252 27/128/8 38/9 38/13 6520 67/16 67/2167/24 80/5 80/18 9014 water -dependency [1] 7720 water -dependent [18] 161121611516116 20/15 2723 28/9 29/17 29/19 29/20 29/25 111 32/5 33/1146/12 67/15 74/19 77/1177/17 77/20 water -related [1] 20/15 watercraft [1] 90/9 waterfront [57] 4120 5/17/23 815 817 8115 8115 812413813/914/1814/2115/'2215124 20/1120/13 25/125/3 25/1125123 25/25 26/3 26/5 26/12 26/14 26/2127/14 27/20 27/2128/4 2816 28/2128(22 30/1130/12 31/131/7 31/12 32/6 32/13 42/15 43116 44/12 458 46/10 47/20 52/24 56/15 68124 68/25 70/5 87/25 88/188/2 90/3 90/10 92/14 waterfronts [1] 26119 waters [7] 811127/4 27n 27/9 27/1128(2 28/11 waterway [2] 55/19 55/20 waterways [1] 39/5 way [20] 17/16 22/16 29/2136/10 38113 44/3 448 62/13 67/3 68/4 77/10 84/4 84/13 84/20 87124 89/2189/22 93/1194/194/19 we [165] we'll [5] 44120 45/2145/23 47/3 72/25 we've [10] 29/22 38/2139/3 40/18 64112 70/16 71/13 71/25 77/22 81/23 weasel [1] 44/3 week [2] 10/25 69/14 weeks [1] 48/6 weighing [1] 7512 welcome [2] 47/4 47/15 welcomed [1] 54n welders [2] 681168/1 well [13] 5/22 7/20 812315/3 35/2 41/11 47/10 56/16]/24 63/6 63/20 67/3 87/13 went [8] 14/6 43/24 56124 64/9 65/16 67n 74/982/5 were [16] 316 6114 7/18 30/15 30/17 30/18 32/2132/23 33/16 41/13 43/1145/25 46/1 6113 62/16 94112 weren't [3] 29/6 58/16 79/10 Wharf [1] 80124 what [78] 58 9/1910/201112314816/14 16/2417n 17819/1319/212317 23/18 24/2 26/17 2612127/2 27/13 2813 29/9 30/14 31/16 32/21368 38/5 38/18 39/139/13 39/25 43/14 44n 46/15 47/1148/4 48115 49n 49n 52/155/15 57/19 58/16 59/14 6112162/162/22 62/22 67/19 68/16 68/23 69/15 71/17 72/23 74/12 75/3 75/217617 76/10 76/12 76/20 77/177/5 77/13 79n 79/2181/13 82/18 82/19 83/16 83/16 83/23 86/22 86/23 88/188/3 88/6 88/10 93116 95/25 what's [2] 17/6 63/5 whatever [3] 44/1158/217617 when [28] 20/123/12 36/17 37/16 38/11 38/1138/12 39/2 40/10 418 43/22 43/23 49/3 5622 64/9 65/16 6622 718 71/14 74/1 74n 78117 87/2 822185/12 86/3 86/4 9021 where [39] 15/1715/1818/13 30/15 3113 31/10 31/14 32110 33/6 37/16 37/18 38/16 39/3 40/1140/18 44/4 4424 45/6 45n 48/6 48112 50115 51/13 57/164n 648 64/10 68/15 7123 71/24 7217 72/23 7520 77/3 82/6 832 83/1184/118721 whereas [1] 3923 Wherever [1] 31/14 whether [7] 40/5 40/5 40/6 48/11872 89/18 91/13 which [49] 3/18 8/8 8/25 922 1020 13121 1124 12/1412/2314/617/317/919/19 21/16 2523 2722 28/19 29/14 30/10 32/23 33/6 3420 3522 36n 36/18 37/6 37/12 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk L u L 1w which... [22] 37/22 37/25 38/2140/12 43/5 46/1148/18 50/215115 51/6 54/22 55/12 55/2160/8 62123 71/20 80/7 80/14 86/11 88/5 88/15 93/13 while [10] 8/16 33/4 33/7 42/17 53/18 54/7 57/6 58/169/23 90/8 who [21] 9/16 10/1113/20 13/23 13/24 35/4 35/4 36/22 37/5 38/3 39/6 39/10 39/1139/13 M 58/23 60/3 90/8 91116 92125 94/20 who -- [1] 94/20 whole [5] 26/15 36/148/9 89/16 93/23 why [14] 18/23 3517 36/15 39/17 42/5 45/12 50/12 55/13 62/18 66/6 67/3 73/15 73/15 77/21 width [2] 11/24 3917 will [26] 9/2110/1116/6 20/6 21114 32/4 40/13 4119 47/148/24 48/24 49/3 59/13 60/5 64/20 64/2169/8 69/9 70/3 7318 77/15 90/9 90/17 90/18 92/1192/12 will — [1] 21114 willing [1] 51/1 win [1] 82/8 wish [2] 58/15 91/20 with -- [1] 85/3 within [21] 4/20 5/13 5/16 6/2 7/1213/9 14/23 63/22 64/2 66/9 66/12 66/17 70/21 70/23 711171110 71120 72/16 72122 81/22 95/24 without [2] 67/17 74/23 withstanding [1] 9/9 Witnesses [1] 3/6 women [2] 40/3 55/8 won't [3] 48/25 49/1 85/17 Woodbridge [1] 47/16 word [4] 12/712/20 26/10 44/24 words [1] 62/16 work [19] 11/2311/2512/112/23 22/16 34/1149/3 59/8 6615 67/2 6814 68/12 68/23 68/24 69/16 82/23 83/5 84/10 88/14 work — [1] 68123 worked [3] 56/156/20 83/22 workers [5] 13/24 3612149/2 83/24 88/1 working [66] 7/23 8/4 8/613/914/814/18 14/20 15/2115/23 16/8 20/12 25/23 25/25 26/2 26/5 26/12 26/14 26/19 26/2127/14 27/20 27/2128/3 28/6 28/2128/22 30/11 30/12 30/25 31/7 3111132/6 32/13 40/2 40/24 42/14 43/16 44/12 45/8 46/10 47/17 50/18 52/16 52/23 53/10 54/8 55/3 56/9 62/17 70/24 70/24 71112 71116 72/2 7213 72/1172/15 77/14 82122 82/25 87/25 88/2 90/10 91118 92/14 93/6 world [3] 37/2140/1152/1 worried [1] 39/16 worry [1] 41114 would [52] 3/113/15 8/2110/6 12/16 12/21 13/19 13/2218/18 23/13 32!22 33/12 35/3 35/1136/24 42/17 42/23 43/5 43/25 44/13 44/15 44/23 45/17 46/146/16 47123 50/21 51/22 5213 55/15 62/8 62/13 62/15 67/25 68/22 69/14 70/7 72/8 72/20 74/2176/8 77/24 8114 82/7 82/8 83/2 87/23 88/18 91/1191/12 91/18 91M wouldn't [8] 34/22 46/20 47/25 59/15 59/16 59/16 66/2 73/15 wrong [2] 55/17 93/14 [39] 5/22 6125 6/25 17/9 17/20 17/21 17/1317/2418/118/618/1318/24 20/17 20/18 20/2120/22 29/23 30/5 34/12 34/16 34/24 38/5 38/1153/22 57/12 60/17 67/22 67/25 69/25 70/6 75/18 76/16 76/20 77/11 77/12 79/5 80/1187/7 92/17 yachts [2] 40/2157/17 yards [1] 12/4 year [5] 11/3 1114 50/2 61116 80/25 years [34] 14/2 24/12 24/19 34/4 35/19 39/25 43/2147/17 48/3 50/22 52115 5316 56/16 56/20 62/18 63/20 63/20 64/9 64/13 65/12 67/170/17 71/15 71/15 71/15 71125 72/12 72/14 79/15 83/22 91/3 9114 93/3 93/4 yellow [1] 79123 yes [32] 3/10 3/15 3/23 3/24 4/1018/24 32/22 49/17 49/19 49/2156/1157/2158/4 59/23 63/9 6517 74/15 74/23 77/6 78/3 85/3 94/12 94/13 94/22 94/24 95/4 95/6 95/8 95/10 95/12 95/14 95/16 yesterday [1] 85/22 York [2] 35/16 35/17 you [268] you are [4] 3/22 47/4 69/25 72/10 you'll [2] 62/4 73/9 you're [7] 25/18 38/8 4913 70/172/9 72121 81112 your [24] 5/23 9/1113/413/22 22/3 2216 25/3 29/8 31/2 35/15 41/18 44/3 45/20 45/22 49/18 56/8 6115 617 63/8 64/2169/5 73/8 79/2185/12 yourself [1] 40/13 Z zone [9] 4/215/2 5/14 5/15 63 6/6 7/12 7/17 25/6 zoned [3] 8/1516/5 53/4 zoning [29] 1114/14 4/18 5/10 6/10 9/817/5 17/1317/15 23/9 23/10 23/14 33/14 42/6 43/25 43/25 44/2 44/19 53/12 54/17 716 73/6 73/182/2190/2 93/16 93/22 95/23 97/5 112 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clei i 11 W. TUCKER GIBBS, P.A. ATTORNEY AT LAW Submitted into the public P.O. BOX 1050 record for items) PZ.3 COCONUT GROVE FL 33133 on 11/16/2017 ,City Clerk TELEPHONE (305) 448-8486 FACSMLE (305) 448-0773 tucker@wtgi:bbs.com May 30, 2017 VIA HAND DELIVERY Olga Zamora Hearing Boards Office City of Miami 444 S.N. Second Avenue, 3rd Floor Miami, Florida 331.30 Re: Appeal of PZAB Resolution 17-033 D No. 2017-0004 for Property at 125, River Drive. Dear Ms. Zamora: • ,r r i� � e t� al of Warrant V and 131 N.W. South 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. rBiscayne 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 ' Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 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 serviceestablishment 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 v Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 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 3 plan as set out above, but it is also inconsistent with the j 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 I 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, W. Tucker G bs cc: Biscayne Towing & Salvage, Inc. L Page 3 of 3 7 I EXHIBIT "A" Submitted into the public record for items) PZ.3 on 11/16/2017 City Clerk Submitted into the public record for items) FZ.3 on 11/16/2017 0 City Clerk A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD DENYING THE APPEAL OF WARRANT N.O.2017-0004 ISSUED PURSUANT TO ARTICLE 4, TABLE'3.OF ORDINANCE NO. 1.3914, 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.7; to allow a Food Service EstablishmentUse; 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 Industriar) Transect Zone for the properties at 125, 127, and 131 Northwest South River Drive with conditions; and WHEREAS, on.ApdI 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 City of Miami City Hail A `:_ 3500 Pan American Drive PZAB Resolution .�� ", 4 Miami, FL 33133 '•��., �,�' v,WW.mlamigov.c= Enactment Number: PZAB-R-17-033 File ID: 2216 Final Action Date: 5/1712017 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD DENYING THE APPEAL OF WARRANT N.O.2017-0004 ISSUED PURSUANT TO ARTICLE 4, TABLE'3.OF ORDINANCE NO. 1.3914, 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.7; to allow a Food Service EstablishmentUse; 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 Industriar) Transect Zone for the properties at 125, 127, and 131 Northwest South River Drive with conditions; and WHEREAS, on.ApdI 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 Submitted into the public record for item(s)__[y.,- on tems)[y.3on 11/16/2017 , City Clerk that is currently not provided for the adjacent residential community and the access provided will serve toincrease 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 sates, 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 offsiteparking shall be provided and approved by the Planning and ,Zoning.Director or hislher,designee prior to the"issuance of a building permitfor this site; (4) to. ' assure that a water dependent use is.achieved, the Class. I and MarineOperating 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 Miaml River Greenway Regulatory Design. Standards ,throughout all phases of the project to be codiirmed 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; 1 2 OF 3 File ID 2216 k-� Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk 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 beeffective 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. ' ' - ran Isco Garcia, Director Execution D to Plan ing'and Zoning Department STATE OF FLORIDA.) COUNTY OF MIAMI-DADE :) Personally appeared before me, the undersigned authority, 0 0 CA Clerk of the Office of Hearing, Boards of the City of Miami, Fior a, and acknowledges that he/she executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME ( 0" 1 DAY OF ma.2017. Print Notary Name otary P b'c State of Florida Personally known or Produced I.D. My Commission Expires: KIM] 7ALFZ @ GG 051561Type and number of I.D. roducedu1b.au soznDid take an oath or Did not take an oath u„d,, 3 OF 3 File 2216 Submitted into the public record for item(s) PZ.3 on _ 11/1YM-7 City Clerk EXHIBIT "B" Submitted into the public record for items) PZ.3 on 11/16/2017 1 City Clerk File No. 17-0004 FINDINGS i • i • This application is. to permit a. private yacht club and lounge with yacht sales/rentals; at the i Property with an accessory Food Service Establishment with Outdoor Dining Areas within D3 i (Marine industrial) Transect Zone. The acgessory, onsite restaurant maintains a water I dependent use by emphasizing local seafood, furthermore providing a dock space for commerriat.fishing vessels to unload and sell their seafood. r � • The application does not -require a Future4 Land Use Map (PLUM) amendment as the ! proposed primary use is yacht rentallsales and' the. accessory use is a Food Service Establishment as is permitted within the lndustrial;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 ins; 508242(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 term includes wafer=dependent facilities that are open to the public and offer public:access.by vessels to the waters of.the state or that are support.teilities for recreational, commercial research, or goyernmentai vessels. • Yachtiife offers . a water dependent facility; open to the public, offering ;public access by vessels to the waters of the state. • Pursuant to Policy PA s.1,5;• he City shall encourage the: development and expansion of the Port of Miami River Working. Waterfrontconsistent with the FLUM..as well as the Coastal Management Element of the. Miami Comprehensive Neighborhood Plan (MCNP). • The proposed Yachtfrfe Lounge will occupy 'the. existing building located. al 131 NW South River Drive, providing a buffer between the current uses located northwest of the Propertyand the proposed outdoor dining accessory use further south on the Properly: • The Food. Service . Establishment is focated within two existing, separated buildings.. The existing building at the northwest of the property includes. both an indoor dining area, situated in the western portion of the building, and the YachUffe Lounge; situated in the eastcm 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 Fast 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 opportunfties. • 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 Submitted into the public record for items) p_ Z,3 . on 11 1612037 City Clerk File No. 17-0004 • The'previous Certificates of Use (CU) for properties included In the application were for general commercial with GU .property classes for machinery manufacture, boatlpleasure 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 f6r 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 bated an 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..wrth 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 sutticienf :offsite panting shall.be provided and approved by the .Planning and Zoning Director or h. 10her designee prior to the issuance of a building permit for this site. 3. To assure that a water dependent use is. achieved,t46 , iblass l:and..Marlhe.Operating Permits shall be approvetfprior totissuance o%a bull ig.petink for this.ske. ° .4. Applicant shall maintain compliance With the Lovie, Mver'desigh development regulations 1 of both the Miaml River Greenway Action Plan and the Miami River Greenway Regulatory Design Standards throughout all phases of. the protect, to .be confirmed by the Planning and Zoning Director behislher.designee prior to the issuance of a building pemiit for this site. ' 3. The proposed application Is located withina high probability Archaeological Conservation Area, if deemed necessary by the Historic,PresoNation Officer, any work creating ground disturbance shall require a Certificate to Dig, 6. Brick pavers overcritical 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 Flohda 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 nurpbere'd; 358. 9. Signage shall be reviewed under a separate permit application and is not a part of this Warrant submittal or approval. L� L Submitted into the public record for item(s) PZ.3 on _ 11/16/2017 City Clerk r File No. 17-0004 I I i 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 um instrents or any other musical devices on or aboutthe 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. 12. Any concems'or complaints related to noise nuisance will be addressed and resolved .immediately.. 11 The subject property shall comply with all Building Code regulations and shall not have any open Code Violations. 14. Fallure to comply with the con.ditions.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 Hoard by any aggrieved party, within fifteen (15) days -of the date of.issuance by filing a written appeal and approptiate fee with the Office of Hearing Boards, located at 444 SW 2nd Ave., 3rd Ftaor i, FL.33130. Telephone number (305) 418-2030.' Department, 4 i 1 1 1 1 1 1 1 1 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk 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. Ill) BUILDING FUNCTION. & DENSITY: Applicability Compliance (1) Respond to, the Neighborhood. context .and Yes Yes Transect Zone. M 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. NIA - conflict points such. as_Ibe number and width of driveways and curb cuts. (3) Minimize off-street parking adjacent to a NIA thoroughfare front and where possible locate parking behind the Building: (4) .Design landscaping or surface parking areas as NIA - buffers between dissimilar Uses. (b) Screen parking garage structures with Habitable NIA Space. Where Habitable Space is nat. provided, architectural treatments .and landscaping shall screen the garage structure. 1V/ LANDSCAPE STANDARDS: Applicability. Compliance (1) Preserve .existing vegetation andfor geological N/A - features whenever possible. (2) Reinforce Transect Zone intention by Integrating NIA - landscape and hardscape elements. (3) Use landscaping to enhance Building- design and NIA - continuity of Stre'etscape. (4) Use landscape material, 'such. as plantings, NIA - trellises, pavers, screen walls, 'planters and similar features, to enhance building design and continuity of streetscape. (5) Provide landscaping that screens- undesirable NIA - 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 Submitted into the public record for item(s) P7.3 on 11116/7017 City Clerk , 7 He No. 17-0004 1 Neighborhood. (2) Provide functional and aesthetic Signage NIA** identifying Building, addresses at the entrance(s). VII} 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 fighting .to minimize .glare to the NIA publicrealm. and adjacent properties. s (3) Protect residential areas from ,excessive noise,. Yes Yes' fumes, odors, conimercisivehicle..iritrusift traffic conflicts and the spillover effect of light. Submitted into the public record for item(s) PZ -3 on 11/16/2017 City Clerk WARRANTFINAL DECISION File No. 17.0004 To: Iris Escarra, Esq. Greenberg Traudg, PA 333 SE 2nd Avenue, Miami, FL Miami, FL 33131 From: Frandisco 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: Q Approval Q Approval with condition I1 Denial Prepared by: Luiz Vicentini, Planner t 305=416-1408 Amanda Smith, Planner 1305416-1433 FINDINGS AND CONDITIONS The subject proposal has been reviewed for the. following: 1- A Warrant pursuant to Article 4 Table 3 of the Miami 211 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 ofitems from vending carts. 3- A Waiver, pursuant to Article 7, Section 7.2,80), 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: f M 0 t Submitted into the public record for item(s) EZ.3 on - 11/16/2017 City Clerk 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 machinerymanufacture, boatipleasure 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 recommendsapproval 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 issuanceof 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 sone 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. r- Submitted into the public record for item(s) Pz.3 on _ 11/16/2017 City Clerk WAR[-\/-%NT:FINA'L 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' l} BUILDING DISPOSITION:'" Appiicabiiiiy Compliance t1}} Respond. 'to the". physical cohtext taking into N/A. - = consideration ; 6-atural features, existing urban 'forrp"and Transect.Zone.intentions. .(2) For Buildings `on Corner Lots, design Fagades to N/A. - acknowledge al! Frontages. (3) For modifications of nonconforming Structures. N/A - See Article 7, Section 7.2 for specific regulations 1 (4) Create transitions in Height and mass with N/A - Abutting properties and Transect Zones. 11) BUILDING.CONFIG.URATION: Applicability (1). Articulate the Building Fag ade vertically and N/A horizontally" in intervals appropriate to the existing Neighborhood and Transect Zone. (2) Articulate "the Building Fagade at street level to recognize pedestrian continuity and ihterest. and at upper levels to recognize long views of Buildings (3) Use architectural styles _and details (such as roof lines and fenestration), colors and materials derivative from surrounding area. (4) Design. Fagades that respond primarily to human scale: (5) Promote pedestrian interaction. (6) Design all walls as active Fagades, with doors and windows; when not possible, embellish walls with architectural design treatment. (7) Provide usable Open Space that allows for visible and convenient pedestrian access from the public sidewalk. (8) Building sites should locate service elements, such as trash dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and N/A N/A N/A N/A N/A `res N/A Compliance Yes Submitted into the public record for item(s) PZ.3 on 1116/2017 .City Clerk File No. 17-0004 Neighborhood. (2) Provide functional and aesthetic. signage NIA" - identifying Building addresses at the entrance(s).. VIII 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. Submitted into the public record for item(s) P on 11/16/2017 , City Clerk EXHIBIT "B" a Kegistered Lobbyists and Active Issues Gibbs, Tucker W. Address: P.0 Box 1050 Organization City : Miami Tel 3054488486 Fax: State :FL Zip : 33133 Email: tucker@wtgibbs.com Submitted into the public record for item(s) H. on 11/16/2017 City Clerk Principal Name Issue Description Registration Amount Payment Comments Date Annual Lobbyist Registration Fee. 05/16/2017 $525..00 7158 Biscayne Towing & Appeal of warrant 2017-0.004 05/16/2017 $105.00 7158 Salvage, Inc. TWJ 1101, LLC Zoning applications for property.at 1111 12/20/2016 $105.00 7109 Brickell Bay _Drive (Objector) - TWJ 1101, LLC Tibor Hollo, Wayne Holle, and Jerome Hollo Page 1 of.1 Printed On 5/16/2017 3:02:51 PM Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2016 v Go The 2o16 Florida Statutes Title XXVI Chapter 342 PUBLIC WATERWAY AND WATERFRONT TRANSPORTATION IMPROVEMENT Page l of 1 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk View Entire Chapter 342.07 Recreational and commercial working waterfronts; legislative findings; definitions.— (1) The Legislature recognizes that there is an important state interest in facilitating boating and other recreational access to the state's navigable waters. This access is vital to tourists and recreational users and the marine industry in the state, to maintaining or enhancing the $57 billion economic impact of tourism and the $14 billion economic impact of boating in the state annually, and to ensuring continued access to all residents and visitors to the navigable waters of the state. The Legislature recognizes that there is an important state interest in maintaining viable water -dependent support facilities, such as public lodging establishments and boat hauling and repairing and commercial fishing facilities, and in maintaining the availability of public access to the navigable waters of the state. The Legislature further recognizes that the waterways of the state are important for engaging in commerce and the transportation of goods and people upon such waterways and that such commerce and transportation is not feasible unless there is access to and from the navigable waters of the state through recreational and commercial working waterfronts. (2) As used in this section, 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 term includes 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. These facilities include public lodging establishments, docks, wharfs, lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and other support structures over the water. As used in this section, the term "vessel" has the same meaning as in s. 327.02. Seaports are excluded from the definition. History.—s. 13, ch. 2005-157; s. 8, ch. 2006-172; s. 6, ch. 2006-220; s. 8, ch. 2014-70. Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfzn?App_Mode=Display_Statute&Search String... 5/17/2017 Submitted into the public Waterfront Standards record for item (s)r-Z.3 on 11/16/2017 City Clerk CHARTER PROVISIONS Sec. 3. - Powers. The City of Miami shall have the governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services and may exercise any power for municipal purposes, except when expressly prohibited by law. (mm) Building and zoning: (i) To provide by ordinance building, planning, and zoning regulations and restrictions governing the height, number of stories, method of construction, type, and size of buildings and other structures; the percentage and portion of the lot or site that may be occupied; the size of the front, rear, and side yards, courts, and other open spaces; the location, use of buildings, structures, and land for trade, industry, residences, apartment houses, and other purposes; and the widening and future widening of streets in zoned street areas that the city may establish. Such regulations may provide that a board of appeals or the city commission may determine and vary the application of building, planning, or zoning ordinances in harmony with their general purpose and intent. (ii) In order to preserve the city's natural scenic beauty, to guarantee open spaces, and to protect the waterfront, anything in this Charter or the ordinances of the city to the contrary notwithstanding, neither the city nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth to the N.W. 5th Street Bridge, (A) which are not set back at least 50 feet from the seawall (where the depth of the lot is less than 200 feet, "the setback shall be at least 25 percent of the lot depth), and (B) which do not have average side yards equal in aggregate to at least 25 percent of the water frontage of each lot based on average lot width. (iii) The above setback and side -yard requirements may be modified by the city commission after design and site -plan review and public hearing only if the city commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features. Wherever setback, side - yard, or site -plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern. (iv) These requirements shall not apply to docks and appurtenant structures, single-family residences and appurtenant structures, and waterfront industrial uses along the Miami River and at the Port of Miami. Nothing herein contained shall in any manner affect or apply to: the City of Miami/University of Miami James L. Knight International Center and hotel facility, including all improvements thereon, or to lands and projects which the city commission has approved prior to September 18, 1979, by development order pursuant to F.S. ch. 380 of a planned area development pursuant to article XXI-1, City of Miami Comprehensive Zoning ordinance or which have received site and development plan approval, including Plaza Venetia, Phase II, Resolution No. 72-113, April 20, 1972; Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972. (Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-9-01) Editor's note— The department of neighborhood rehabilitation of the city and all functions involved therein were abolished pursuant to Ord. No. 7576, § 1, adopted July 17, 1967, and effective on the date of transfer of said department to Dade County. At the direction of the city, § 3(vv), added to the charter by Char. Amend. No. 2, effective Jan. 1, 1963, is not set forth herein. D u n 0 0 0 I 1 0 0 u P u L D 0 Submitted into the public record for item(s) PZ -3 ZONING ORDINANCE 131141 AS AMENDED ("MIAMI 21") on 11/16/2017 , City Clerk 3.11 WATERFRONT STANDARDS In addition to the Miami City Charter requirements, the following Setback, walkways and waterfront standards shall apply to all waterfront properties within the City of Miami, except as modifications to these standards for all waterfront properties may be approved by the City Commission pursuant to the procedures established in the City Charter. All Miami riverfront properties shall include water -related uses across all Transect Zones except T3. a. Waterfront Setbacks 1. Waterfront Setbacks shall be a minimum of fifty (50) feet measured from the mean high water line provided along any waterfront, except where the depth of the Lot is less than two - hundred (200) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth; and except for T3, T4 -R, D1, D2 and D3 Transect Zones where a minimum Setback of twenty (20) feet shall be provided, except w7iere the depth of the Lot is less than eighty (80) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth. These requirements shall not apply to Marine Related Industrial Establishments along the Miami River. Within D1, D2 and_; Transect Zones facilities may span across man-made slips with a Structure to conduct marine -related commercial and industrial activities. 2. Side Setbacks shall be equal in aggregate to at least twenty-five percent (25%) of the water frontage of each Lot based on average Lot Width, to allow View Corridors open from ground to sky and to allow public access to the waterfront; except for T3, T4 -R, D1, D2 and D3 Transect Zones. b. Waterfront Walkways Design Standards: 1. Waterfront walkways shall be designed and constructed within the waterfront Setbacks in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum, shall remain open to the public between Gam through 10 m. Waterfront walkways are not required within Transect Zones T3, T4 -R, D1, D2 and D3 unless he site is a new Co tail Office or restaurant Use. 2. Waterfront wa ways shall feel public, meet all Americans with Disabilities Act (A.D.A.) re- quirements throughout the entire length of the waterfront walkway and provide unobstructed visual access to the water. 3. Waterfront walkways shall connect to abutting public walkways, neighboring walkways, and Open Space at a consistent A.D.A. compliant width and grade to allow clear pedestrian cir- culation along the water's edge. 4. The waterfront walkway surface shall remain at a constant elevation and be accessible to handicapped persons throughout the entire length of the waterfront walkway. Walkways should have a slight grade away from the bulkhead edge for stormwater retention within the transition zone. 5. The total width of a waterfront walkway shall be a minimum of twenty-five (25) feet and built to the standards and guidelines outlined in Waterfront Design Guidelines, on AppendixB. MIAMI 21 AS ADOPTED - JULY 2012 TABLE OF CONTENTS General Principles Public access waterfront walkways shall: Bulkheads or Seawalls Natural Shorelines Design Standards for Bulkheads or Seawalls Design Standards for Waterfront Walkways Safety Buffer Zone Circulation Zone Passive Zone Transition and Security Zone Standards and Guidelines for Design Elements Landscaping Lighting Signage A APPENDIX B: WATERFRONT DESIGN GUIDELINES Submitted into the public record for item(s) PZ -3 on 11/16/2017 , City Clerk 5 5 N 6 6 6 7 7 8 8 9 9 MIAMI 21 AS ADOPTED - JULY 2012 THIS PAGE LEFT INTENTIONALLY BLANK. A APPENDIX B: WATERFRONT DESIGN GUIDELINES Submitted into the public record for item(s) PZ -3 on 11/16/2017 . City Clerk MIAMI 21 AS ADOPTED - JULY 2012 General Principles Public access waterfront walkways shall: APPENDIX B: WATERFRONT DESIGN GUIDELINES Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk 1. Feel public. No one should feel as if he or she is intruding on private property. The public should feel welcome and at ease to move along the entire length of the waterfront. Signage should clearly establish the public's right to use the walkway. 2. Be usable. Young and old, handicapped and joggers, lovers, fishermen, business and men and women, everyone should find the waterfront usable. Potential conflicts between active and passive users should be prevented through segregation of waterfront walk use zones. (See Design Standards below). 3. Provide visual access. The attraction is the water. All landscaping, furniture, lighting, guardrails and planters' should be subordinated to enhance maximum visibility to the water. Simplicity of design is preferred. The views of adjacent private development should not be obstructed. 4. Enhance visual quality. Parking and service areas must be completely screened from the walkway. Materials, color and forms should complement the natural shoreline environment. 5. Connect to other public areas. Public parks, transit stops, thoroughfares, midblock walkways, shopping areas, and publicly accessible plazas should connect to the waterfront. 6. Take advantage of waterfront setting. Where practical, boating and fishing activities should be incorporated into waterfront designs. Elevated viewing areas, historically interpretive markers and signs are desirable. Boat access from the water to the land is encouraged. Bulkheads or Seawalls 1. Bulkheads and Seawalls constructed on properties north of the Rickenbacker Causeway and along the Miami River or Biscayne Bay shall be constructed five (5) feet above National Geodetic Vertical Datum (NGVD). Bulkheads and seawalls constructed on properties south of the Rickenbacker Causeway and on Biscayne Bay shall be constructed six (6) feet above NGVD. All other bulkheads located in the City of Miami shall meet the minimum Miami -Dade County Standards. 2. Bulkheads or Seawalls shall be constructed eighteen (18) to twenty-four (24) inches in width at the top and meet all City of Miami departments' requirements. The top of the bulkhead or seawall shall be at a constant elevation for the length of the bay / river walk. 1 3. Deviations to the requirements may be granted by the Director of Public Works to construct bulkheads or seawalls at a height other than the standard NGVD set by the City due to a justifiable request. Any deviations from the City standard bulkhead elevation where a waterfront walkway is being proposed would require the property owner to construct, on the applicant's property, a connecting transition at a consistent A.D.A. compliant width and grade to the waterfront walkway on adjacent properties. All requests for a deviation to the I� mandated bulkhead elevation shall be made in writing to the Director of Public Works and L. I L.! A Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk MIAMI 21 APPENDIX B: WATERFRONT DESIGN GUIDELINES AS ADOPTED - JULY 2012 shall include all appropriate architectural and engineering or other documentation needed to make a determination. Natural Shorelines 1. Walkways along a natural shoreline or rip rap shoreline may be set back from the edge of the shoreline and meander within the waterfront setback area. 2. Areas with natural shorelines must transition to adjacent properties in elevation and alignment to create a cohesive baywalk or riverwalk circulation. Design Standards for Bulkheads or Seawalls 1. The top of the bulkhead or seawall shall be at a constant elevation for the length of the wa- terfront. It shall be eighteen (18) to twenty-four (24) inches wide at the top. 2. Safety ladders of stainless steel or galvanized steel shall be placed a maximum of 100 feet apart along the face of the seawall or bulkhead, to allow for climbing out of the water at low tide. 3. The top of the seawall/bulkhead shall be six (6) to eight (8) inches higher than the surface lb of the adjacent baywalk or riverwalk safety zone. 4. The inside edge of the seawall/bulkhead shall be beveled. Design Standards for Waterfront Walkways Waterfront walkway landscaped areas should be landscaped with native plant materials. Shade trees are required within the Passive/Transition Zones and may also be planted along the Safety Buffer Zone, in lieu of palms, to create an allee of trees. Shrubs, low shrubs, and groundcovers (low level plantings) should be planted at the base of trees and palms to enhance waterfront walkway aesthetics and to help buffer the walkway perimeters. The following walkway zones are listed in order from the landward edge of the bulkhead cap and progressing landward towards the private property. NOTE: the top of the bulkhead cap shall be six (6") to eight (8") inches above the waterfront walkway elevation. Safety Buffer Zone Safety Buffer Zone -A minimum three (3) to four (4) foot wide area adjacent to the bulkhead. (See Plan Detail - 3' minimum where there is no planting, 4' minimum where planting beds are provided.) 1. Since railings, walls and/or other barriers are not desirable along the water's edge, waterfront users need to be warned when coming close to the water with a minimum three (3) foot wide safety buffer zone consisting of a rough textured surface that discourages walking. A Submitted into the public record for item(s) PZ -3 on 11/16/2017 City Clerk MIAMI 21 APPENDIX B: WATERFRONT DESIGN GUIDELINES AS ADOPTED - JULY 2012 2. Short lengths of the passive zone maybe elevated eighteen (18) to twenty-four (24) inches above the level of the promenade for enhanced bay and river views. 3. All benches shall have back rests, and their placement shall emphasize direct views of the water. 4. Site furniture may include overhead canopies, concessions, etc. and shall be confined to this zone. All furniture shall be permanently installed preferably by direct burial in concrete. 6. Accessories include benches, trash receptacles, drinking fountains, pedestrian scale light poles and landscape lighting. Appropriate additional furniture including overhead canopies or shelters, drinking fountains, etc., shall be confined to the passive zone. 7. The passive zone may be paved in plain concrete or the paver on the main circulation zone. Transition and Security Zone Transition Zone —A minimum three (3) foot wide area, immediately adjacent to the Passive Zone to buffer private development from the waterfront walkway and collect stormwater. 1. To buffer private development from the adjacent waterfront a minimum three (3) foot wide transition zone shall border the waterfront facility. 2. This visual and functional transition from public to private space shall generally be marked by low level shrubbery and overhead shade or ornamental trees. 3. Security to limit public access to private property may be provided by fences, grade changes or retaining walls. All screens and walls shall be landscaped to reduce their visual impact on the walkway. 4. For adjacent developments that serve the public (i.e., restaurants, shops, hotels, entertain- ment, etc.) provision of wide, visible and easy pedestrian access to the waterfront shall be assured. 5. In general, landscaping and security barriers shall not visually screen the waterfront from adjacent active uses, such as retail restaurants, or entertainment. Standards and Guidelines for Design Elements Landscaping 1. Palms may be used along either edge of the waterfront, but Coconut Palms or Sabal Palms j are particularly appropriate for the water's edge. 2. Raised planters, if used, shall be confined to the passive zone, and all planter walls shall double as sitting walls, fifteen (15) to thirty (30) inches in height. A MIAMI 21 AS ADOPTED - JULY 2012 Lighting Signage Submitted into the public record for item(s) PZ.3 on _ 11/16/2017 , City Clerk APPENDIX B: WATERFRONT DESIGN GUIDELINES 3. Plant material shall be primarily native salt -tolerant species. 1. Lighting at the water's edge shall be confined to eight (8) inch diameter bollards, which shall be twenty-four (24) to thirty (30) inches high and spaced approximately twenty (20) feet on center. 2. Bollards shall be one hundred (100) watt MV with down illumination not extending beyond the bulkhead line. 3. Overhead lighting shall be confined to the passive zone and consists of down lighting with lamps not over fourteen (14) feet high, 175 watt MV, and spaced approximately fifty (50) feet on center. 4. Up lighting of landscaping is encouraged. 5. Mercury vapor, metal halide lamps or similar "white" light luminaires shall be used. 6. Colored lighting, except for private signs, shall not be used. 7. Simple contemporary fixture design shall be used as opposed to highly stylized, vintage or period designs. 1. All public access waterfront walks shall be marked with the standard "Public Shore" sign. 2. All major public access points, including park walkways, roadways, dedicated midblock walks and public plazas, shall be marked with "Public Shore" signs. 3. Adjacent accessible publicly oriented private development, such as cafes or shops, shall identify the use with signage in the transition zone. 4. Uniformly designed historic or environmental markers and descriptive plaques shall be placed in the passive zone. 5. Signage shall identify access points and adjacent activities (cafes, shops, etc.) for boaters. L (� A ..�F 3 w p ' T! P ✓ C7. MIAMI 21 _ AS ADOPTED - JULY 2012 Sit' - 7-1W DIAMETER RIVER ROCK SET IN A MORTAR BEE}. UNIFORMLY GRADED WITH A U4' TO 1W EXPOSED AGGREGATE FINISH OR EQUAL SURFACE MES'fING A.DJL STANOARDS. ----- iwmlrrtr » Aw100� APPENDIX B: WATERFRONT DESIGN GUIDELINES Submitted into the public record for items) PZ.3 on —11L16/2017 City Clerk 18' - 24' DETAIL - SAFETY BUFFER ZONE �,n.c" A r -S' BULKHEAD/ SEAWALL CAP F Submitted into the public record for item(s)__±z.3 MIAMI 21 on _11/16/2017 City Clerk ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 tion on the City's official website. The appeal shall be filed with the Hearing Boards Office. The Planning, Zoning and Appeals Board shall determine whether the administrative interpreta- tion is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Commission, de novo and must be filed with the Office of Hearing Boards within fifteen (15) calendar days of the Board's issuance of its ruling. The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. 7.1.2.4 Warrant The Warrant permits those Uses listed in Article 4, Table 3 of this Code as requiring a Warrant, upon review by the Planning Director or with the additional review of the Coordinated Review Committee. a. Prior to submitting an application for a Warrant, the prospective applicant shall meet in a preap- plication meeting with the Zoning Administrator and the Planning Director to obtain information and guidance as to matters related to the proposed application. ' b. Required notice and hearing. At the time of submitting the application to the Department of Planning, the applicant shall notify all Abutting property owners, including those across a street or alley, by certified mail. In the case of Abutting condominiums, only one notice to the condominium association need be sent. ' Additionally, at the time of submitting the application, the applicant shall obtain from the Depart- ment of Planning the list of all registered Neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office, and official representatives of all such registered associations, by certified mail, of the application. Neighbor- hood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The applicant shall submit the certified receipts from all notices to the Department of Planning at the time of application. The decision on a Warrant shall be posted on the City website within five (5) days of the written decision. c. Review and approval process. ' 1. The Planning Director shall review each submitted application for a Warrant for completeness. If the Warrant application involves a project in excess of two hundred thousand (200,000) square feet of floor area, it shall be referred to the Coordinated Review Committee, which I shall review the application and provide its comments and recommendations to the Planning Director. 2. Applications for projects equal to or less than two hundred thousand (200,000) square feet of floor area shall be reviewed by the Planning Director and the Zoning Administrator without need for review by the Coordinated Review Committee, unless the Planning Director determines that review by the Coordinated Review Committee is necessary. Where there is no referral V11.18 Submitted Into the public record for item(s) PZ.3 MIAMI 21 on 11/16/2017__, City Clerk ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 to the Coordinated Review Committee, the Planning Director shall issue an intended deci- sion within twenty-one (21) calendar days of a determination that the application is complete. The applicant shall have seven (7) calendar days from receipt of the notice of the intended decision to request a conference with the Planning Director to discuss revisions or additional ' information regarding the application. Within ten (10) calendar days of the conference, or if no conference is requested, the Planning Director shall issue written findings and deter- minations regarding the applicable criteria set forth in this section and any other applicable regulations. The applicant and the Planning Director may mutually consent to an extension of the time for issuance of the final decision. The findings and determinations shall be used to approve, approve with conditions or deny the Warrant application. 3. The Planning Director shall approve, approve with conditions or deny the Warrant application, but in no event shall a Warrant be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. Approvals shall be granted when the applica- ' tion complies with all applicable regulations; conditional approvals shall be issued when the applications require conditions in order to be found in compliance with all applicable regula- tions; denials of applications shall be issued if after conditions and safeguards have been considered, the application still fails to comply with all applicable regulations. The decision of the Director shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office which shall, within five (5) days, distribute ' the Warrant to the official representatives of all registered neighborhood and homeowner ' associations within the NET office that is applicable to the applicant property, and the City shall post on the City's website. The Director shall include a citation to the legal authority for ' any denial of a Warrant. 4. A Warrant shall be valid for a period of two (2) years during which a building permit or Certifi- cate 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. ' d. Review criteria. As appropriate to the nature of the Warrant involved and the particular circumstances of the ' case, the following criteria shall apply to a Warrant application. The application shall be reviewed for compliance with this Code. The review shall consider the intent of the Transect, the guiding principles of the Miami 21 Code, and the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses. The review shall also apply Article 4, Table 12, Design Review Criteria, as applicable e. Appeal to the Planning, Zoning and Appeals Board. Appeal of the determination of the Planning Director shall be de novo and taken to the Planning, ' Zoning and Appeals Board. An appeal shall be filed with the Hearing Boards Office within fifteen (15) calendar days of the posting of decision by the Planning Director on the City's website. The Board shall determine whether the Warrant is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Com- mission, de novo and must be filed with the Office of Hearing Boards within fifteen (15) calendar ' days of the Board's issuance of its ruling. z)upmitteo into the pumic record for items) P'c.3 MIAMI 21 on 11/16/2017 , City Clerk ARTICLE 7. PROCEDURES AND NONCONFORM ITIES AS ADOPTED - MAY 2015 1. The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. 1.1.2.5 Waiver The Waiver permits specified minor deviations from the Miami 21 Code, as provided in the various articles of this Code and as consistent with the guiding principles of this Code. Waivers are intended ' to relieve practical difficulties in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow circumventing of the intent of this Code. A Waiver may not be granted if it conflicts with the City Code or the Florida Building Code. a. Specific Waivers are described in the various articles of this Code, and are referenced here only for convenience. The specific parameters of each Waiver are further described in the articles in ' which each Waiver appears in this Code. 1. Parking reductions for Elderly Housing or forAdaptive Reuses in Community Redevelopment Areas (Article 3, Section 3.6.1. and 3.6.7). 2. Setbacks for irregular Lots (Article 3, Section 3.3.3.c) 3. Setbacks for the property to be developed to match the dominant Setback in the Block and its Context. (Article 3, Section 3.3.5; Article 5, Sections 5.5.1.g, 5.6.1.8 and 5.8.1.g) ' 4. Shared Access for adjoining Lots (Article 3, Section 3.6.3.k). 5. Barbed wire fences in D1, D2 and 03 (Article 3, Section 3.7.2). 6. Review of Development within Neighborhood Conservation Districts for compliance with NCD ' regulations (Appendix A). 7. The relaxation of Setbacks or required Off-street Parking for preservation of natural features of land (Article 3, Section 3.13.1.c). 8. Decrease of required parking by thirty percent (30%) within the half -mile radius of a TOD (Article 4, Table 4). ' 9. Reduction of setbacks for one-story, non -habitable accessory structures in T3. (Article 5, Section 5.3.1.h) 10. Substitution of loading berths (Article 4, Table 5). 111. Required parking within one thousand (1,000) feet of the site that it serves (Article 4, Table 4) ' 12. Extensions above maximum Heights for church spires, steeples, belfries, monuments, water 1 vu.20 11 Submitted into the public record for item(s) PZ.3 MIAMI 21 on 11/16/2017 , city clerk AS ADOPTED - MAY 2015 ARTICLE 4. TABLE 12 DESIGN REVIEW CRITERIA DESIGN REVIEW CRITERIA BUILDING DISPOSITION • Respond to the physical context taking into consideration natural features, existing urban form and Transect Zone intentions. • For Buildings on Comer Lots, design Fagades to acknowledge all Frontages. • For modifications of nonconforming Structures. See also Article 7, Section 7.2 for specific regulations. • Create transitions in Height and mass with Abutting properties and Transect Zones. BUILDING CONFIGURATION • Articulate the Building Facade vertically and horizontally in intervals appropriate to the existing Neighborhood and Transect Zone. • Articulate the Building Fagade at street level to recognize pedestrian continuity and interest, and at upper levels to recognize long views of Buildings. • Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area. • Design Fagades that respond primarily to human scale. • Promote pedestrian interaction. • Design all walls as active Fagades, with doors and windows; when not possible, embellish walls with architectural design treatment • Provide usable Open Space that allows for visible and convenient pedestrian access from the public sidewalk. • Building sites should locate service elements, such as trash dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and communications equipment away from a street front All service elements shall be situated and screened from view to the street and adjacent proper- ties. BUILDING FUNCTION & DENSITY • Respond to the Neighborhood context and Transect Zone. PARKING STANDARDS • Minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties, especially T3 areas. • For pedestrian and vehicular safety minimize conflict points such as the number and width of driveways and curb cuts. • Minimize off-street parking adjacent to a thoroughfare front and where possible locate parking behind the Building. • Design landscaping or surface parking areas as buffers between dissimilar Uses. • Screen parking garage structures with Habitable Space. Where Habitable Space is not provided, architectural treatments and landscaping shall screen the garage structure. LANDSCAPE STANDARDS • Preserve existing vegetation and/or geological features whenever possible. • Reinforce Transect Zone intention by integrating landscape and hardscape elements. • Use landscaping to enhance Building design and continuity of Streetscape. • Use landscape material, such as plantings, trellises, pavers, screen walls, planters and similar features, to enhance building design and continuity of streetscape. • Provide landscaping that screens undesirable elements, such as surface parking lots, and that enhances open space and architecture. SIGN STANDARDS • Provide signage appropriate for the scale and character of the establishment and immediate Neighborhood. • Signage shall be within calculated aggregate area appropriate for Transect Zone. • Signage shall be located below fifty (50) foot height limit along the Building Primary Frontage. • Number of Signs for an establishment shall not exceed the allowable amount per linear Frontage. • Monument Signs shall be located within the appropriate Setback and not to disrupt pedestrian activity. • illumination and other lighting effects shall not create a nuisance to adjacent property or create a traffic hazard. AMBIENT STANDARDS • Provide lighting appropriate to the Building and landscape design in a manner that coordinates with signage and street lighting. • Orient outdoor lighting to minimize glare to the public realm and adjacent properties. • Protect residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. IV.29 0 [I Submitted into the public record for item(s) PZ.3 MIAMI 21 on _ 11/16/2017 , City Clerk ARTICLE 4. TABLE 3 BUILDING FUNCTION: USES AS ADOPTED - MAY 2016 DENSITY (UNITS PER ACID) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK WORK - LIVE LODGING BED d BREAKFAST INN HOTEL OFFICE OFFICE COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB. -ADULT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB. OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE / UNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRESCHOOL RESEARCH FACILITY SPECIAL TRAINING /VOCATIONAL INDUSTRIAL AUTO -RELATED INDUSTRIAL ESTBL. MANUFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL ESTBL. PRODUCTS AND SERVICES STORAGE/ DISTRIBUTION FACILITY T3 SUB -URBAN no mmm MM mmm R Allowed By Right WAllowed By Warrant Administrative Process - CRC (Coordinated Review Committee) E Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning 8 Appeals Board) Boxes with no designation signify Use prohibited. T5 T6 C D URBAN CENTER URBAN CORE CIVIC DISTRICTS R L 0 R L 0 CS CI CI -HD§ D1 DZ D3 nna 00- =am mom mm mmm mmm mmm mmm =Mm mmm mmm =Mm mmm _-- ___ --_ ___ mmm mmm mmm mmm mmm moo moo©o mmm mmm -mm -__mmm ©MMmmm -0mmm Mm MINOR.: 11 ' Additional densities in some T6 zones are illustrated In Diagram 9. "AZ Density of lowest Abutting Zone IV.8 c u t 1 i .21 Submitted into the public record for item(s) f Z.3 on 11/16/2017 , City Clerk Volume 1 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN GOALS OBJECTIVES POLICIES City of Miami Planning Department 444 SW 2nd Avenue - Miami, FL 33130 September 2015 The Miami Comprehensive Neighborhood Plan was adopted as Ordinance 10544 on February 9, 1989 and has been amended by the City Commission through September 10, 2015. Submitted into the public record for item(s) PZ.3 on 11/16/2017 . City Clerk Interpretation of the 2020 Future Land Use Map The 2020 Future Land Use Map (contained in Appendix LU -1 of the MCNP as amended from time to time) is a planning instrument designed to guide the future development and distribution of land uses within the city in a manner that is consistent with the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan (MCNP). The 2020 Future Land Use Map is a generalized map that does not depict areas of less than 2 acres. The Planning Director is responsible for making all determinations of concurrency as defined in state statutes, and will also interpret the map based on all applicable state laws and administrative regulations and on the consistency between the proposed change or changes and the goals, objectives and policies expressed in the MCNP. The Planning Director will also determine whether or not proposed zoning changes require an amendment to the comprehensive plan. Land development regulations and policies are to be consistent with the 2020 Future Land Use Map. The land development regulations further define and describe all requirements applicable to zoning categories contained under each land use designation, permitting the treatment of new development according to the particular conditions existing in different areas, and always consistent with the goals, objectives and policies of the MCNP, and specifically with the Land Use Element and its Future Land Use Map. The land use designations are general designations that may include more than one zoning category. All activities and uses within each designation are compatible with each other by virtue of their scale, intensity and character, or by additional conditions required by the land development regulations, more specifically by the City Zoning Ordinance, which describes and regulates development within zoning districts in order to achieve more definite goals and objectives. 1 The land use designations that appear in the 2020 Future Land Use Map are arranged following the 'pyramid concept" of cumulative inclusion, whereby subsequent categories are inclusive of those listed previously except as otherwise noted. These designations, and the uses allowed in them, are defined as follows: ' Conservation: This land use designation is restricted to environmentally sensitive areas that �r� to be left in an essentially natural state. Only activities that reinforce this character are allowed. Public access to these areas, including off-street parking, may be limited when unregulated access may present a threat to wildlife and plant life within such areas. Public Parks and Recreation: The primary intent of this land use classification is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. t This land use designation allows only open space and park uses with recreational and cultural uses where the total building footprints and impervious parking area surfaces in parks of one (1) acre of more may cover no more than 25% of the park land area (See related Policy PR -2.1.3.). Both passive and active recreational uses shall be permitted including but not limited to nature trails, interpretive centers, picnic areas, playgrounds, canoe trails and launches, small concession stands, restrooms, gyms, swimming pools, ' athletic fields, cultural facilities, marine and marina facilities and other facilities supporting passive and active recreational and cultural uses. Miami Comprehensive Neighborhood Plan 18 Goals Objectives Policies September 2015 Submitted into the public record for itern, PZ -3 on_ 11/16/2017 City Clerk The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "General Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Industrial: The areas designated as "Industrial" allow manufacturing, assembly and storage activities. The "Industrial" designation generally includes activities that would otherwise generate excessive amounts of noise, smoke, fumes, illumination, traffic, hazardous wastes, or negative visual impact unless properly controlled. Stockyards, rendering works, smelting and refining plants and similar activities are excluded. Residential uses are not permitted in the "Industrial" designation, except for rescue missions, and live-aboards in commercial marinas. Areas designated as "Industrial" allow a maximum Areas designated as "Industrial" allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Furthermore, all such uses shall be subject to the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Light Industrial (LI): The primary intent of this land use classification is to allow mixed use development within this land use classification, and further, to facilitate the ability of developing a mixed occupancy within a unit in which more than one type of use is provided under Live/Work or Work/Live zoning districts of the City's land development regulations. Areas designated as "Light Industrial" allow all activities included in the "Restricted Commercial" and "General Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to general commercial areas. These commercial activities (beyond those permitted in the "Restricted Commercial" and "General Commercial" designations) include retailing of second hand items, new and used vehicle sales, parking lots and garages, wholesaling, warehousing, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. This category also allows commercial marinas and living quarters on vessels for transients. This land use category shall not permit storing, packaging, handling, processing or distribution of explosive, flammable or otherwise hazardous materials; scrap yards; and health clinics. The hazard level of an activity shall be one of the determining factors as to whether that activity shall be permissible within a Light Industrial district; the detailed provisions of the applicable land development regulations shall prohibit high-level hazard activities within live/work developments. Miami Comprehensive Neighborhood Plan 24 Goals Objectives Policies September 2015 W J �7 1 t Submitted into the public record for item(s) PZ -3_--, on 11/16/2017 City Clerk Port of Miami River' Sub -Element Goal PA -3: The Port of Miami River shall be encouraged to continue operation as a valued and economically viable component of he City's maritime industrial base. Objective PA -3.1: (PLANNING AND ZONING). The City shall protect the Port of Miami River from encroachment by non water -dependent or non water -related land uses, and shall regulate the Port of Miami River's expansion and redevelopment in coordination with applicable future land use and coastal management goals, objectives, policies (See Policy LU -1.3.3 and Goal CM -3). Policy PA -3.1.1: The City shall maintain a Working Waterfront Table of Properties to guide future development within the Miami River Corridor. The Table shall clearly depict the location and description of all properties of recreational and commercial working waterfront uses on the River, as defined in Ch. 342.07 F.S. (hereinafter referenced as the "Working Waterfront"). The Table shall classify working waterfront properties into Categories "A" and "B". The Table shall be incorporated as supporting data and analysis within Appendix PA -1. Policy PA -3.1.2 Category A: The City may adopt a comprehensive plan future land use map (FLUM) amendment for properties designated "Industrial" on the FLUM, along the Miami River only if the proposed amendment complies with this sub -element. The future land use designation for any of the properties identified "Industrial" therein may be amended only through the large-scale comprehensive plan amendment process. Applications for such amendments shall demonstrate that either of the following conditions exists: 1. The Development — redevelopment as industrial is not economically feasible based on a market and site analysis using a professionally acceptable methodology that has been peer reviewed; or 2. The Proposal includes an equivalent transfer or expansion of industrially designated property offsite to another location on the Miami River within the City of Miami. Policy PA -3.1.3 Category B: All Category "B" properties shall maintain a working waterfront use. Additionally, the City shall require that any residential development with a density greater than duplex residential or any mixed use development include Working Waterfront use component per Ch. 342.07, F.S. or other amenities that is accessible to the public which promotes the enjoyment of the Miami River unless I The "Port of Miami River is a shallow draft riverine port consisting of independent, privately -owned small shipping companies, fisheries, vessel repair facilities marinas and other Recreational and Commercial Working Waterfront uses, as defined in Ch. 342.07, F.S., located along the banks of the Miami River and its tributaries and canals where Working Waterfront uses are located. The Port of Miami River is not a deepwater port as defined in Ch. 403.021(9), F.S. The Port of Miami River extends from the salinity dam in unincorporated Miami -Dade County to Biscayne Bay in the City of Miami, as identified in Appendix PA -1. Miami Comprehensive Neighborhood Plan Goals Objectives Policies September 2015 60 Submitted into the public record for item(s) PZ -3 on 11/16/2017 City Clerk prohibited by the Miami -Dade Department of Environmental Resource Management (DERM). Policy PA -3.1.4: The City shall encourage the establishment and maintenance of ' Working Waterfront uses along the banks of the Miami River, and to discourage encroachment by incompatible uses. Policy PA -3.1.5: The City shall encourage the development and expansion of the Port of Miami River Working Waterfront consistent with the future land use, coastal management and conservation elements of the City's comprehensive plan. Policy PA -3.1.6: The City shall encourage only those developments, rezoning, and land use amendments in the vicinity of the Working Waterfront lands designated "Industrial" on the adopted future land use map that are compatible and suitable with the existing "Industrial" use of property. Policy PA -3.1.7: The City shall, through its land development regulations, adopt and enforce appropriate setbacks and buffering requirements for Non -Working Waterfront properties along the Miami River in order to protect the existing Working Waterfront use from encroachment of incompatible and unsuitable uses. Policy PA -3.1.8: There shall be no net loss of recreational wet -slips along the Miami River. Policy PA -3.1.9: The City shall require from new residential development and redevelopment located along the Miami River a recorded covenant acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations as permitted. Policy PA -3.1.10: In its commitment to support the Port of Miami River, the City of Miami shall continue its support of the dredging of the River. Policy PA -3.1.11: The City of Miami shall facilitate and expedite municipal permitting for water -dependent, water -related, commercial, industrial and recreational working waterfronts along the Miami River by expediting the application process for such uses. Objective PA -3.2: (TRANSPORTATION). The City shall encourage with appropriate agencies the coordination of surface transportation access to the Port of Miami River Working Waterfront with the traffic and mass transit system shown on the traffic circulation map series. Policy PA -3.2.1: The City shall through the Transportation Element of the comprehensive plan, encourage the coordination of the intermodal surface and water transportation access service to the Port of Miami River Working Waterfront (See Objective TR -1.9, Policy TR -1.9.1). Miami Comprehensive Neighborhood Plan 61 Goals Objectives Policies September 2015 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Policy PA -3.3.4: Within three years of the adoption of this policy, the City along with Miami River stakeholders, property owners and businesses shall consider submitting an application to the Florida Department of Community Affairs, Waterfronts Florida Partnership Program, for assistance in protecting and promoting the Miami River traditional Working Waterfront. Policy PA -3.3.5: The City shall coordinate with Miami River stakeholders, property owners and businesses to prepare reasonable Working Waterfront code compliance and enforcement policies to eliminate unsafe, abandoned, and blighted conditions along the river banks. Miami Comprehensive Neighborhood Plan 62 Goals Objectives Policies September 2015 Objective PA -3.3: (ECONOMIC DEVELOPMENT & COORDINATION). The City shall coordinate its Port of Miami River Working Waterfront planning activities with the multiple regulators and stakeholders who have an interest in the Miami River. IPolicy PA -3.3.1: Give the Miami River's multi jurisdictional and regulatory nature, the City shall coordinate with: ' 1. The United States Army Corp of Engineers regarding the dredging, navigation, and commerce on the Miami River; and 2. The United States Coast Guard regarding security and safety on the Miami river; and 3. The Miami -Dade County Planning Department to evaluate the interdependence and effectiveness of the County's Port of Miami River sub -element in its comprehensive plan with that of that of the City's; and 4. The Miami -Dade County's Department of Environmental Resource Management and the Manatee Protection Plan Committee regarding the protection of manatees and establishment of new wet and dry marine slips on or near the Miami River, and 5. The Miami -Dade County Property Appraiser to ensure that all Port of Miami River Working Waterfront properties are assessed by the "current use" pursuant to Section 4, Article VII of the Florida constitution and S.193.704, Fla. Stat. Policy PA -3.3.2: The City shall remain an active member of the Miami River Commission, as established by Ch.163.06, F.S. and shall continue to request and consider from the Miami River Commission written recommendations related to policy, planning, development and other River issues within the scope established by the Florida Legislature. Policy PA -3.3.3: Within 18 months of adoption of this policy, the City shall consider approving a joint planning agreement with the Miami River Commission and Miami - Dade County to revise and adopt the "Miami River Corridor Urban Infill Plan" as the strategic plan for the Miami River. Policy PA -3.3.4: Within three years of the adoption of this policy, the City along with Miami River stakeholders, property owners and businesses shall consider submitting an application to the Florida Department of Community Affairs, Waterfronts Florida Partnership Program, for assistance in protecting and promoting the Miami River traditional Working Waterfront. Policy PA -3.3.5: The City shall coordinate with Miami River stakeholders, property owners and businesses to prepare reasonable Working Waterfront code compliance and enforcement policies to eliminate unsafe, abandoned, and blighted conditions along the river banks. Miami Comprehensive Neighborhood Plan 62 Goals Objectives Policies September 2015 Submitted into the public record for item(s)__2z.3 on _ 11/16/2017 City Clerk r ' Policy PA -3.3.6: The City of Miami shall provide technical assistance to Working Waterfront businesses along the Miami River. Policy PA -3.3.7: The City shall work to improve the economic vitality of the Miami River in cooperation with other concerned public and governmental agencies and organizations. (See Miami -Dade County's Comprehensive Development Master Plan, Port of Miami River Sub -element Policy PMR -1 C) Policy PA -3.3.8: The City will work with property owners along the Miami River to secure Enterprise Zone tax incentives to businesses for creation of jobs and revitalization. Such incentives consist of the following and are based on availability: Enterprise Zone Incentives 1. Jobs Tax Credit 2. Business Equipment Sales Tax Refund 3. Building Materials Sales Tax Refund 4. Property Tax Credit 5. Community Contribution Tax Credit Program Policy PA -3.3.9: The City will continue to use Brownfield redevelopment Area strategies to stimulate economic revitalization to Working Waterfronts. Such incentives consist of the following and are based on availability: a. Financial Incentives i. 35% Voluntary Cleanup Tax Credits ii. $2500 Brownfields Bonus Refund iii. Low-interest loans iv. Sales Tax Credit on Building Materials V. Up to 5 years of State Loan Guarantees of Loan Loss Reserves vi. Site -Specific Activities Grant, and t National Brownfields Assessment, Revolving Loan Fund, Cleanup Grants, and HUD Brownfield Economic Development Loans b. Regulatory Benefits i. Risk Based Corrective Action ii. Cleanup Liability Protection iii. Review of Voluntary Cleanup Projects at FDEP Conducted Separately From Enforcement Mandated Cleanups by Responsible Parties iv. Expedited Review and Response to Technical Reports and Correspondence V. CERCLA Site Clearance Issued by EPA, and vi. Lender Liability Protection to the extend allowed by applicable laws Policy PA -3.3.10: The City will continue to use the City's Enterprise Zone, Empowerment Zone, Commercial Business Corridors, and Brownfield Redevelopment Area strategies to stimulate economic revitalization, and encourage employment opportunities within the Port of Miami River. (Policy LU -1.3.7.). Miami Comprehensive Neighborhood Plan 63 Goals Objectives Policies September 2015 Submitted into the public record for items) PZ.3 on 11 16 201/ , City Clerk Policy PA -3.3.11: The City will foster or develop and implement job training, vocational, and educational programs to assist the City's existing and future residents, and water dependent and water related businesses along the Miami River, in achieving economic self-sufficiency, and will continue to work with appropriate State and County agencies to direct training programs and other technical assistance to support minority and semi -skilled residents of the City including, without limitation, their involvement in recreational and commercial working waterfronts along the Miami River as defined by Ch.342.07, F.S. (Policy LU -1.3.8.) Policy PA -3.3.12: The City, through its Intergovernmental Coordination Policies, shall support and coordinate with other governmental agencies having jurisdiction over the - River to support and enhance the Miami River's economic importance and viability. The functions of the Miami River shall be consistent with the future goals and objectives of the City's Comprehensive Plan, particularly with respect to the unique characteristics of the Miami River's location and its economic position and functioning within the local maritime industry. Objective PA -3.4: (MONITORING & EFFECTIVENESS). The City shall monitor track the effectiveness of its goals, objectives, and policies designated to preserve and promote the Port of Miami River as a valued and economically viable component of the City's maritime industrial base. A p Pl E Policy PA -3.4.1: City staff shall prepare, or cause to be prepared, an annual report on the status of the Planning and Zoning, Economic Development and Coordination, and Transportation Objectives and Policies contained in this Sub -element, which shall be presented to the City Commission at a dully noticed public hearing. Policy PA -3.4.2: City staff shall prepare, or cause to be prepared, an annual report on the loss or gain of recreational and commercial Working Waterfront lands and uses, which shall be presented to the City Commission at a dully noticed public hearing. Miami Comprehensive Neighborhood Plan 64 Goals Objectives Policies September 2015 1 1 1 1 1 1 1 1 x 1 de Submitted into the public record for item(s) PZ.3 on --1!L!6-L2017. City Clerk APPENDIX PA -1 The following Working Waterfront Table of Properties and the attached map identify properties of recreational and commercial working waterfront uses along the Port of Miami River and are subject to criteria listed in Port of Miami River Sub -Element Policy PA -3.1.1. This space was intentionally left blank. Miami Comprehensive Neighborhood Plan Goals Objectives Policies July 2010 1 i il 1 1 1 A Submitted into the public record for item(s) pZ,3 on 11/16/2017 City Clerk Working Waterfront Table of Properties No. Address Folio FLUM Designation Category 1 236 SW North River Dr 0101140002010 Industrial A 2 555 NW South River Dr 0102000101071 Industrial A 3 325 NW South River Dr 0102000102030 Industrial A 4 510 NW 1 St 0102010001020 Industrial A 5 169 NW South River Dr 0102000401190 Industrial A 6 RESERVED RESERVED RESERVED RESERVED 7 RESERVED RESERVED RESERVED RESERVED 8 2190 NW North River Dr 0131340241140 Indusfial A 9 1201 NW 22 AV 0131340510570 Industrial A 10 2115 NW 12 St 0131340510610 Industrial A 11 2277 NW 14 St 0131340730010 Industrial A 12 2199 NW South River Dr 0131340950010 Industrial A 13 1270 NW 11 St 0131350210180 Industrial A 14 1201 NW South River Dr 0131350220110 Industrial A 15 1261 NW 8 Ter 0131350230100 Industrial A 16 RESERVED RESERVED RESERVED RESERVED 17 1175 NW South River Dr 0131350310010 Industrial A 18 298 SW North River Dr 0141370310010 Industrial A 19 300 SW North River Dr 0141370310020 Industrial A 20 431 NW South River Dr 0141380030130 Industrial A 21 437 NW South River Dr 0141380030150 Industrial A 22 377 NW South River Dr 0141380441020 Industrial A 23 151 NW South River Dr 0141380270020 Industrial A 24 405 NW South River Dr 0102000101010 Industrial A 25 801 NW 4 St 0102000101020 Industrial A 26 311 NW South River Dr 0102000102040 Industrial A 27 301 NW South River Dr 0102000105010 industrial A 28 129 NW South River Dr 0102000501130 Industrial A 29 961 NW 7 St 0131350310020 Industrial A 30 971 NW 7 St 0131350000020 Industrial A 31 2100 NW North River Dr 0131340241160 Industrial A 32 2100 NW North River Dr 0131340241161 Industrial A 33 2000 NW North River Dr 0131340241170 Industrial A 34 2490 NW 18 Ter 0131340290010 Industrial A 35 2525 NW 18 Ter 0131340310110 Industrial A 36 2181 NW 12 St 0131340510580 Industrial A 37 2161 NW 12 St 0131340510590 Industrial A 38 2151 NW 12 St 0131340510600 Industrial A 49 501 NW South River Dr 0141380030160 Industrial A 40 131 NW South River Dr 0141380270010 Industrial A 41 401 SW 3 Ave 0141380490030 Industrial A 42 242 SW 5 St 0102030801010 Industrial A 43 19 NW South River Dr 0102010001230 Industrial A 44 2154 NW North River Dr 0131340241150 Industrial A 45 2660 NW 18 Ter 0131340310010 Industrial A 46 2600 NW 18 Ter 01313Amin 03 I V V2V Industrial A 47 2570 NW 18 Ter 0131340310030 Industrial A 48 2540 NW 18 Ter 0131340310060 Industrial A Miami Comprehensive Neighborhood Plan Goals Objectives Policies July 2010 r 0 D 1 0 f-� n am Submitted into the public record for item(s) PZ.3 on 1111612017. City Clerk 49 2530 NW 18 Ter 0131340310070 Industrial A 50 2551 NW 18 Ter 0131340310160 Industrial A 51 2601 NW 18 Ter 0131340310170 Industrial A 52 1350 NW 18 Ave 0131340420090 Industrial A 53 1881 NW 27 Ave 0131340310180 Industrial A 54 2670 NW 18 Ter 0131340310210 Industrial A 55 19 SW North River Dr 0101130803130 Industrial A 56 121 SW North River Dr 0101130901141 Industrial A 57 114 SW North River Dr 0101130901160 Industrial A 58 300 SW 2 St 0101130901280 Industrial A 59 200 SW North fiver Dr 0101140001090 Industrial A 60 737 NW 4 St 0102000103010 Industrial A 61 745 NW 4 St 0102000103020 Industrial A 62 101 NW South River Dr 0102000104010 Industrial A 63 125 NW South River Dr 0102000501120 Industrial A 64 1995 NW 11 St 0131340420040 Industrial A 65 1320 NW 18 Av 0131340420120 Industrial A 66 1142 NW 21 Av 0131340490090 Industrial A 67 2051 NW 11 St 0131341010010 Industrial A 68 2750 NW 20th St 0131330070040 Light Industrial B 69 1960 NW 27 Ave 0131330070030 Light Industrial B 70 1970 NW 27 Ave 0131330070020 Light Industrial B 71 1990 NW 27 Ave 0131330070010 Light Industrial B 72 1583 NW 24 Ave 0131340680010 Industrial A 73 1583 NW 24 Ave 0131340590020 Industrial A 74 1583 NW 24 Ave 0131340590010 Industrial A 75 2215 NW 14th St 0131340000160 Industrial A 76 1645 NW 22nd Ave 0131340241190 Industrial A 77 1635 NW 22nd Ave 0131340241200 Industrial A 78 1625 NW 22nd Ave 0131340241210 Industrial A 79 1615 NW 22nd Ave 0131340241220 Industrial A 80 1605 NW 22nd Ave 0131340241230 Industrial A 81 1585 NW 22nd Ave 0131340241240 Industrial A 82 1575 NW 22nd Ave 0131340241250 Industrial A 83 1565 NW 22nd Ave 0131340241260 Industrial A 84 1545 NW 22nd Ave 0131340241270 Industrial A 85 1525 NW 22nd Ave 0131340241280 Industrial A 86 1515 NW 22nd Ave 0131340241290 Industrial A 87 1505 NW 22nd Ave 0131340241300 Industrial A 88 RESERVED RESERVED RESERVED RESERVED 89 1884 NW North River Dr 0131340241180 Industrial A 90 1884 NW North River Dr 0131340170140 Industrial A 91 1818 NW North River Dr 0131340170120 Industrial A 92 663 NW South River Dr 0141380040080 Restricted Commercial B 93 661 NW South River Dr 0141380040090 Restricted Commercial B 94 555 NW South River Dr 0141380030180 Restricted Commercial B 95 603 NW South River Dr 0141380040010 Restricted Commercial B 96 517 NW South River Dr 0141380030170 Restricted Commercial B 97 448 NW North River Dr 0101070101250 Light Industrial B 98 442 NW North River Dr 0101070101240 Light Industrial B 99 440 NW North River Dr 0101070101230 Light Industrial B 100 450 NW North River Dr 0101070101221 Light Industrial B 101 422 NW North River Dr 0101070101220 Light Industrial B Miami Comprehensive Neighborhood Plan Goals Objectives Policies July 2010 E k 0 Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 102 412 NW North River Dr 0101070101210 Light Industrial B 103 404 NW North River Dr 0101070101200 Light Industrial B 104 400 NW North River Dr 0101070101190 Light Industrial B 105 398 NW North River Dr 0101070101180 Light Industrial B 106 343 NW South River Dr 0102000401020 Industrial A 107 201 NW South River Dr 0102000401180 Industrial A 108 250 NW North River Dr 0101090302020 Major Inst. Public Facilities B 109 RESERVED RESERVED RESERVED RESERVED 110 90 NW North River Dr 0101100901110 Restricted Commercial B 111 28 NW North River Dr 0101110201090 Restricted Commercial B 112 40 SW South River Dr 0102010101111 Restricted Commercial B 113 1 SW South River Dr 0102010101075 Restricted Commercial B 114 5 SW South River Dr 0102010101070 Restricted Commercial B 115 27 SW South River Dr 0102010101020 Restricted Commercial B 116 401 SW 1st St 0102010101120 Restricted Commercial B 117 40 SW North River Dr 0141370360080 Restricted Commercial B 118 109 SW South River Dr 0102010801040 Restricted Commercial B 119 129 SW South River Dr 0102010801010 Restricted Commercial B 120 135 SW South River Dr 0102000106010 Restricted Commercial B 121 510 NW 7h Ave 0131350271420 Light Industrial B 122 528 NW 7h Ave 0131350271410 Light Industrial B 123 600 NW 7h Ave 0131350271400 Light Indurstrial B 124 700 NW 7h Ave 0131350271160 Light Industrial B 125 710 NW 7h Ave 0131350271140 Light Industrial B 126 722 NW 7h Ave 0131350271130 Light Industrial B 127 732 NW 7h Ave 0131350271120 Light Industrial B 128 800 NW 7h Ave 0131350271110 Light Industrial B 129 808 NW 8th St Rd 0131350271100 Light Industrial B 130 810 NW 8th St Rd 0131350271090 Medium Density Multifamily Residential B 131 812 NW 8th St Rd 0131350271080 Medium Density Multifamily Residential B 132 830 NW 8th St Rd 0131350271070 Medium Density Multifamily Residential B 133 852 NW 8th St Rd 0131350271060 Medium Density Multifamily Residential B 134 900 NW 8th St 0131350271051 Medium Density Multifamily Residential B 135 908 NW 8th St Rd 0131350271050 Medium Density Multifamily Residential B Miami Comprehensive Neighborhood Plan Goals Objectives Policies July 2010 .M Fr 7M. M M: r M M M M IM r r ■r Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk 1 1 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk COASTAL MANAGEMENT Goal CM -1: Maintain, protec4 and enhance the quality of life and appearance of Miami's Coastal Zone including the preservation of natural resources as well as the enhancement of the built environment. Objective CM -1.1: Preserve and protect the existing natural systems including wetlands and beach/dune systems within Virginia Key and those portions of Biscayne Bay that lie within the City's boundaries; and improve water quality within the Miami River, its tributaries, and the Little River. Policy CM -1.1.1: As a precondition to the development or redevelopment of Virginia Key, a comprehensive assessment will be made of environmental hazards that are the result of past disposal activities at the Virginia Key landfill and other relevant environmental concerns. Such assessment will be made in cooperation with appropriate County, State and Federal environmental agencies, and an action plan to reduce or eliminate any hazards will be formulated. (See Natural Resource Conservation Policy NR -1.1.1.) Policy CM -1.1.2: The City will retrofit the number of storm water outfalls that discharge into the Miami River and its tributaries, the Little River and directly into Biscayne Bay. If positive drainage systems to these water bodies are deemed to be the only feasible method of maintaining adequate storm drainage, then these storm sewers will be designed and constructed to retain grease and oil and minimize pollutant discharges. (See Natural Resource Conservation Policy NR -1.1.2 and Sanitary and Storm Sewers Policy SS -2.2.1.) Policy CM -1.1.3: [Reserved) Policy CM -1.1.4: The City will encourage the reduction in paint and non -point sources of pollution into Biscayne Bay through coordination with the Miami River Commission, Miami -Dade County DERM, the South Florida Water Management District, the U.S. Army Corps of Engineers, and any other appropriate state and federal agencies in order to reduce point and non -point sources of pollution into Biscayne Bay. Policy CM -1.1.5: Within the Coastal Zone, or along the Miami and Little Rivers, no land uses which represent a likely and significant source of pollution to surface waters will be permitted, unless measures which substantially eliminate the threat of contamination are implemented as conditions for approval of development or redevelopment. Policy CM -1.1.6: The City will adhere to Miami -Dade County DERM standards and require DERM approvals in its permitting procedures to ensure that all fuel storage facilities in the Coastal Zone or near major canals do not pose a significant threat to water quality. Miami Comprehensive Neighborhood Plan 77 Goals Objectives Policies September 2015 Submitted into the public record for item(s) P ZZ.3 on 1111612017 , City Clerk i Policy CM -1.1.7: The City will regulate development on Virginia Key and the intermittent wetland areas of the coast of Coconut Grove to ensure that there will be no net loss of functional wetlands; that beaches and dune systems on the island will not be degraded or disrupted; that when non-native vegetation is removed, it will be replaced with native species; and that wildlife habitats and native species of fauna and flora will be protected. Priority will be given to water dependent land uses, and to development that enhances the natural environment and ensures adequate physical public access to Virginia Key. Policy CM -1.1.8: Because of its unique character and environmental significance, all development on Virginia Key will be in conformance with the 1987 Virginia Key Master Plan and/or any subsequent plans for Virginia Key that have been or might be adopted by the City and, if necessary, the preparation of an updated plan. Policy CM -1.1.9: Site development criteria will ensure that development or redevelopment within the Coastal Zone will not adversely affect the natural environment or lead to a net loss of public access to the City's natural resources. Policy CM -1.1.10: [Reserved] Policy CM -1.1.11: All City owned property within the Coastal Zone that may be identified as areas of significant or unique natural resources will be designated as Environmental Preservation Districts, and the City will also consider designating private properties within the coastal with significant or unique natural resources as M Environmental Preservation Districts, Policy CM -1.1.12: The City will continue to implement and enforce that all new and renovated marinas meet marina siting requirements and receive appropriate county, state, and federal approvals in the land development regulations. Policy CM -1.1.13: The City will continue to work with the appropriate agencies to support provisions of the committee that prevent new development and redevelopment along the shorelines from directly discharging storm water runoff into surface waters and to get support for state and county funding for any infrastructure improvements deemed necessary to support development of Virginia Key and Watson Island. Policy CM -1.1.14: The City will cooperate with Miami -Dade County in fostering the protection of coastal wildlife and wildlife habitat through the protection of nesting areas, the establishment of wildlife corridors, the protection of travel corridors, and the promotion of public awareness of wildlife resources. Policy CM -1.1.15: The City will cooperate with Miami -Dade County in the implementation of any antidegradation targets developed to protect Outstanding Florida Waters and Outstanding National Resources Waters of Biscayne Bay. Miami Comprehensive Neighborhood Plan 78 Goals Objectives Policies September 2015 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Objective CM -1.2: The City will continue to follow and enforce the Florida Building Code, which establishes construction standards that minimize the impacts of man- made structures on beach and dune systems. Policy CM -1.2.1: The City will increase inspection and code enforcement efforts for coastal area construction to ensure the proper standards are met. Objective CM -1.3: In order to enhance the built environment of the coastal area, redevelop and revitalize blighted, declining, or threatened coastal areas. Objective CM -1.4: Ensure that land development regulations and policies for the Coastal Zone are consistent with the City's ability to provide the capital facilities required to maintain adopted LOS standards and those needed to maintain or enhance the quality of life within the Coastal Zone of the city. (See Capital Improvements Objective CI -1.2.) Policy CM -1.4.1: The Coastal Zone of the City will adhere to the level of service standards as adopted and amended in the Capital Improvements Element, and more specifically Policy CI -1.2.3 of that element. Policy CM -1.4.2: Rise in sea level projected by the federal government, and refined by tiie Sl7llthea3t Florida Regional Climate Change Compact, shall be taken intu consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the City. (See related policy CI -1.2.6) 10 Goal CM -2; Improve public awareness, appreciation, and use of Miami's coastal resources by preserving water -dependent and water -related uses, ensuring adequate public access to such uses, and minimizing user conflicts. 1 1 Objective CM -2.1: Wherever feasible, increase, physical and visual public access to Biscayne Bay, the Miami River, the City's shorelines, and publicly -owned islands. Miami Comprehensive Neighborhood Plan Goals Objectives Policies September 2015 79 Policy CM -1.3.1: The City will continue to adhere to its established policies regarding the designation of Community Redevelopment Districts in appropriate coastal areas of the city. Policy CM -1.3.2: Through increased citywide code enforcement of coastal areas with deteriorated conditions the City will report any structures in severe condition to the unsafe structures board to either force improvements or facilitate the demolition of the structure. Objective CM -1.4: Ensure that land development regulations and policies for the Coastal Zone are consistent with the City's ability to provide the capital facilities required to maintain adopted LOS standards and those needed to maintain or enhance the quality of life within the Coastal Zone of the city. (See Capital Improvements Objective CI -1.2.) Policy CM -1.4.1: The Coastal Zone of the City will adhere to the level of service standards as adopted and amended in the Capital Improvements Element, and more specifically Policy CI -1.2.3 of that element. Policy CM -1.4.2: Rise in sea level projected by the federal government, and refined by tiie Sl7llthea3t Florida Regional Climate Change Compact, shall be taken intu consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the City. (See related policy CI -1.2.6) 10 Goal CM -2; Improve public awareness, appreciation, and use of Miami's coastal resources by preserving water -dependent and water -related uses, ensuring adequate public access to such uses, and minimizing user conflicts. 1 1 Objective CM -2.1: Wherever feasible, increase, physical and visual public access to Biscayne Bay, the Miami River, the City's shorelines, and publicly -owned islands. Miami Comprehensive Neighborhood Plan Goals Objectives Policies September 2015 79 Submitted into the public record for item(s) PZ.3 on 11/16/2017 . City Clerk Policy CM -2.1.1: Where appropriate and in the interest of public safety and promotion of outdoor recreation opportunities on environmentally sensitive areas, future land development regulations will require non -water dependent or related development or redevelopment to maintain public access to the coastal and Miami River shorelines. (See Parks, Recreation and Open Space Policy PR -3.2.4) Policy CM -2.1.2: Where appropriate, City owned waterfront property, including the ' Miami River shorelines, shall provide for public open spaces that allow similar access to County owned public open spaces that provide access to the shoreline where appropriate. Policy CM -21.3: The City will continue development of the river walk and bay walk along City owned property as funds become available and will continue to require development of the bay walk and river walk along private property through its land ' development regulations. Policy Citi -2.1.4: The City shall continue to implement design guidelines along the baywaik and riverwalk in accordance with the Miami River Greenway Action Plan and other adopted plans as appropriate. Policy CM -2.1.5: [Reserved] Policy CM -2.1.6: The City will incorporate provisions for public physical and/or visual access to the shoreline in its waterfront zoning regulations (See Parks, Recreation and Open Space Policy PR- 3.2.3.) Policy CM -2.1.7: As specified in the City of Miami Charter and related laws, and more specifically the Waterfront Charter Amendment and Ordinance Zoning Ordinance for the City of Miami all new development and redevelopment along the downtown waterfront is required to provide a waterfront setback, and those developments within Special Districts (SDs) that require publicly accessible shoreline walkways, will design them in conformance with the "Baywalk/Riverwalk Design Standards." (See Parks, Recreation and Open Space Policy PR- 3.2.11.) Policy Citi -2.1.8: The City will continue to work toward increased physical public access to Virginia Key and Watson Island by pursuing appropriate development and redevelopment as directed by the Virginia Key and Watson Island master plans. Policy CM -2.1.9: The City will ensure that development regulations are not altered so ' as to prohibit water dependent facilities or uses such as swimming, boating, and fishing and will encourage and support such facilities and uses. Objective CM -2.2: [Reserved] Policy CM -2.2.1: [Reserved] Policy CM -2.2.2: [Reserved] Miami Comprehensive Neighborhood Plan 80 Goals Objectives Policies September 2015 ' Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk ' Goal CIO -3: Pursuant to Ch. 163.3178(2)(g), F.S., The City shall maintain strategies that will be used to preserve and adequate supply of land for recreational and commercial Working Waterfront uses defined in Ch. 342.07, F.S.3 Objective CM -3.1: The City shall strive to allow no net loss of acreage devoted to recreational and commercial Working Waterfront uses in the coastal area of the City of Miami. Policy CM -3.1.1: The comprehensive plan and land development regulations will encourage water -dependent uses along the shoreline, and strategies that will be used to preserve recreational and commercial Working Waterfronts as defined in Ch. 342.07, F.S., particularly on the Miami River. (See Goal PA -3 and Policy LU -1.3.3). ' Goal CM -4: Ensure public safety and the protection of property within the Coastal tone from the threat of hurricanes. Objective CM -4.1: Minimize the potential for loss of human life and the destruction of property from hurricanes. ® Policy CM -4.1.1: Enforce building code standards that protect against the destruction of structures by hurricane winds and tidal swells. Policy CM -4.1.2: Continue to direct population away from the Coastal High Hazard Area, which is defined as the areas below the elevation of the category 1 storm surge line, as established by a Sea, Lake and Overland Surges from Hurricanes (SLOSH) computerized storm surge model as depicted on the CHHA map in Appendix CM -1. (See map following Appendix CM -1.) Policy CM -4.1.3: The City shall continue to implement measures for the protection of City owned historic properties from destruction in the event Of a major storm, and plans for each site's restoration in the event of destruction or major damage will remain in effect. Policy CM -4.1.4: Immediately subsequent to the event of a major storm, the adequacy of existing building standards and the appropriateness of land uses and development regulations in the Coastal High Hazard Area will be reviewed, and all modifications to standards, zoning or land use policies required to reduce future risk of loss of life and property damage will be adopted prior to the approval of long term, post disaster redevelopment plans. Additional strategies to preserve and encourage recreational and commercial Working Waterfront uses are contained in the Ports, Aviation, and Related Facilities element, "Port of Miami River' Sub -element. Miami Comprehensive Neighborhood Plan 81 Goals Objectives Policies September 2015 Submitted into the public record for items) PZ.3 on 11/16/2017 City Clerk Policy CM -4.1.5: Each proposed future land use map change within the Coastal High Hazard area of the city will require an analysis of its potential impact on evacuation times and shelter needs in the event of a hurricane. Policy CM -4.1.9: The City will work in cooperation with regional and state agencies in the preparation of advance plans for the safe evacuation of coastal residents. Policy CM -4.1.6: [Reserved] Policy CM -4.1.7: The City will incorporate into its Comprehensive Plan any relevant recommendations of interagency hazard mitigation reports as they become available. Policy CM -4.1.8: The City will work in cooperation with regional and state agencies to adopt plans and policies that protect public and private property and human lives from the effects of natural disasters. Policy CM -4.1.9: The City will work in cooperation with regional and state agencies in the preparation of advance plans for the safe evacuation of coastal residents. Objective CM -4.3: Minimize the potential for loss of human life and destruction of property from hurricanes in the Coastal High Hazard Area. Policy CM -4.3.1: Public expenditures for capital facilities in the Coastal High Hazard area will be limited to those required to eliminate existing LOS deficiencies, maintain adopted LOS standards in non -high hazard areas, improve hurricane evacuation time, or reduce the threat to public health and safety from storm events. (See Capital Improvements Policy CI -1.4.1.) Miami Comprehensive Neighborhood Plan 82 Goals Objectives Policies September 2015 Policy CM -4.1.10: The City will adhere to its "Emergency Operations Plan for Civil Defense in War and Natural Emergencies" and "The Emergency Procedures Manual" for immediate repair and cleanup actions needed to protect public health and safety. The City will update these manuals on an annual basis. Objective CM -4.2: The City will adhere to and cooperate with the County in executing evacuation procedures as well as annually update information and procedural brochures for the public; these brochures will contain information on evacuation procedures and routes, and will be distributed to city residents at local businesses and government agencies. Policy CM -4.2.1: The City's fire and police departments will continue to work with Miami -Dade County and regional emergency agencies to update and revise, as needed coordinated peacetime emergency and evacuation plans. Policy CM -4.2.2: The City will annually update and distribute an informational brochure to establish public awareness and information programs that educate as to the need for evacuation, and indicate evacuation routes and procedures. Policy CM -4.2.3: The City will follow the County in providing appropriate evacuation route markers within City boundaries as part of a Countywide coordinated program. Objective CM -4.3: Minimize the potential for loss of human life and destruction of property from hurricanes in the Coastal High Hazard Area. Policy CM -4.3.1: Public expenditures for capital facilities in the Coastal High Hazard area will be limited to those required to eliminate existing LOS deficiencies, maintain adopted LOS standards in non -high hazard areas, improve hurricane evacuation time, or reduce the threat to public health and safety from storm events. (See Capital Improvements Policy CI -1.4.1.) Miami Comprehensive Neighborhood Plan 82 Goals Objectives Policies September 2015 Submitted into the public record for items) PZ -3 on 11/16/2017 City Clerk Policy CM -4.3.2: Public expenditures for capital facilities in the Coastal High Hazard Area intended to further the goals and objectives of the Miami Comprehensive Neighborhood Plan will be limited to those projects that do not measurably increase the risk to public health and safety from storm damage. (See Capital Improvements Policy CI -1.4.2.) Policy CM -4.3.3: Each proposed future land use map change to a residential land use category within the Coastal High Hazard area of the city will require an analysis of its potential impact on evacuation times and shelter needs in the event of a category 5 storm event as measured on the Saffir-Simpson scale. Policy CM -4.3.4: Proposed future land use map changes to a residential land use category within the Coastal High Hazard Area shall only be approved if one of the following standards is met: a. A no greater than 16 hour level of service for out of county hurricane evacuation is maintained for a category 5 storm event as measured on the Saffir-Simpson scale; b. A no greater than 12. hour evacuation time to shelter is maintained for a category 5 storm event as measured on the Saffir-Simpson scale and shelter space reasonably expected to accommodate the residents of the development contemplated by the proposed comprehensive plan amendment is available; or c. Appropriate mitigation is provided that will satisfy the provisions of subparagraph a. or subparagraph b. Appropriate mitigation shall include, without limitation, payment of money, contribution of land, and construction of hurricane shelters and transportation facilities. Required mitigation shall not exceed the amount required for the development to accommodate impacts reasonably attributable to development. The City and applicant for the plan amendment shall enter into a binding agreement to memorialize the mitigation plan. Policy CM -4.3.5: The City shall consider the use of undeveloped land in the Coastal High Hazard Area for public or private recreational uses and open space. Policy CM -4.3.6: The City will prohibit the construction of new mobile home parks in the Coastal High Hazard Area. Goal CM -5: Preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic, architectural and archaeological resources. (See Land Use Goal LU -2.) Objective CM -5.1: Maintain, update and increase the number of eligible properties contained in the Miami -Dade County Historic Survey, which identifies and evaluates Miami Comprehensive Neighborhood Plan 83 Goals Objectives Policies September 2015 t Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk the City's historic, architectural and archaeological resources. (See Land Use Objective LU -2.1.) Policy CM -5.1.1: The City will continue to identify potential historic districts and conduct further surveys of contributing and noncontributing buildings. (See Land Use Policy LU -2.1.1.) Policy CM -5.1.5: The City will continue to include information on the City's historic, architectural and cultural heritage for inclusion in public information, economic development promotion and tourism materials. (See Land Use Policy LU -2.5.4.) Objective CM -5.2: Increase the number of historic structures that have been preserved, rehabilitated or restored, according to the U.S. Secretary of the Interior's Standards for Rehabilitation. (See Land Use Objective LU -2.4.) Policy CM -5.2.1: The City will continue to utilize the U.S. Secretary of the Interiors Standards for Rehabilitation as the minimum standards for preservation of historic properties. To receive public financial support from the City, designated privately owned structures must meet these standards. (See Land Use Policy LU -2.4.2.) Policy CM -5.2.2: The City currently owns historic sites and other potential archaeological sites. If it is deemed in the public interest for the City to transfer title of City properties of historic, architectural, or archaeological significance, such transfer will include restrictive covenants to ensure the protection and preservation of such properties. (See Land Use Policy LU -2.4.3.) I Miami Comprehensive Neighborhood Plan 84 Goals Objectives Policies September 2015 s Policy CM -5.1.2: The City will continue to maintain a computerized database of all relevant information for all sites in the Miami -Dade County Historic Survey. (See Land Use Policy LU -2.1.2.) Policy CM -5.1.3: The City has designated numerous historic sites and historic districts pursuant to Chapter 23 of the Miami City Code. The City will continue to designate sites and districts as appropriate and warranted. (See Land Use Policy LU -2.3.2.) Policy CM -5.1.4: The City will continue to review nominations to the National Register of Historic Places through the Certified Local Government Program. (See Land Use Policy LU -2.3.1.) Policy CM -5.1.5: The City will continue to include information on the City's historic, architectural and cultural heritage for inclusion in public information, economic development promotion and tourism materials. (See Land Use Policy LU -2.5.4.) Objective CM -5.2: Increase the number of historic structures that have been preserved, rehabilitated or restored, according to the U.S. Secretary of the Interior's Standards for Rehabilitation. (See Land Use Objective LU -2.4.) Policy CM -5.2.1: The City will continue to utilize the U.S. Secretary of the Interiors Standards for Rehabilitation as the minimum standards for preservation of historic properties. To receive public financial support from the City, designated privately owned structures must meet these standards. (See Land Use Policy LU -2.4.2.) Policy CM -5.2.2: The City currently owns historic sites and other potential archaeological sites. If it is deemed in the public interest for the City to transfer title of City properties of historic, architectural, or archaeological significance, such transfer will include restrictive covenants to ensure the protection and preservation of such properties. (See Land Use Policy LU -2.4.3.) I Miami Comprehensive Neighborhood Plan 84 Goals Objectives Policies September 2015 s Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk NATURAL RESOURCE CONSERVATION Goal NR -1: Maintain, preserve, enhance and restore the quality of natural resources within ' the context of the city's urban environment. Objective NR -1.1: Preserve and protect the existing natural systems within Virginia Key, the Dinner Key spoil islands, and those portions of Biscayne Bay that lie within the City's boundaries. Policy NR -1.1.1: The City shall continue to take actions to protect and restore the natural environment of Virginia Key in cooperation with appropriate County, State and Federal environmental agencies. (See Coastal Management Policy CM -1.1.1.) Policy NR -1.1.2: The City will continue retrofitting the number of storm water outfalls that discharge into the Miami River and its tributaries, the Little River and directly into Biscayne Bay in accordance with water quality improvement programs and adopted plans. If positive drainage systems to these water bodies are deemed to be the only feasible method of maintaining adequate storm drainage, then these storm sewers will ' be designed and constructed to retain grease and oil and minimize pollutant discharges. (See Sanitary and Storm Sewers Policy 2.2.1 and Coastal Management Policy CM -1.1.2.) Policy NR -1.1.3: [Reserved] i Policy NR -1.1.4: The City will continue to participate in the State funded SWIM program for funding support in order to reduce point and non -point sources of pollution into Biscayne Bay. Policy NR -1.1.5: Regulate development on Virginia Key to ensure that there will be no net loss of functional wetlands; that beaches and dune systems on the island will not be degraded or disrupted; and that wildlife habitats and native species of fauna and flora will be protected. Policy NR -1.1.6: Through land development regulations, ensure that development or redevelopment within the Coastal Zone will not adversely affect the natural environment or lead to a net loss of public access or public use of public owned property (consistent with protection of natural systems) to the city's natural resources. Policy NR -1.1.7: The City will increase code enforcement to prevent illegal disposal of hazardous waste into the city's natural resources such as the Miami River and Biscayne Bay, and will encourage Miami -Dade County to approve and post signs warning against illegal disposal. Policy NR -1.1.8: The City will work with, and support the County's efforts to identify generators of hazardous waste, and to develop and enforce procedures for the proper collection and disposal of hazardous waste. The City will support Miami -Dade County's Miami Comprehensive Neighborhood Plan 85 Goals Objectives Policies September 2015 a I Submitted into the public record for item(s) PZ.3 on 11/16/2017 , City Clerk I and Environmental Preservation District designation. development of a hazardous waste temporary storage facility in a non -populated area. (See Solid Waste Collection Policy SW -1.2.4.) Objective NR -1.2: Improve the water quality of, and ensure health safety within, the Miami River, its tributaries and the Little River. Policy NR -1.2.1: The City will continue to work with the Biscayne Bay Management Plan Committee and with the appropriate agencies in order to encourage and support Miami -Dade County Department of Environmental Resource Management in the monitoring of contaminants within these water bodies and to ensure that the City is kept adequately informed of environmental conditions. PolicyNR-1.2.2: Continue to implement the Biscayne Bay Management Plan and P other relevant plans in order to reduce the level of contaminants in these water bodies and improve the water quality within them. Goals Objectives Policies Policy NR -1.2.3: Participate in state and federally funded programs to remove abandoned and repair leaking underground fuel storage tanks on City owned properties. Policy NR -1.2.4: The City of Miami will continue to cooperate with the Miami River Commission, which has been granted broad powers over environmental and other issues related to the Miami River by state statute. Among the issues to be addressed by the commission are those related to acceptable water quality standards for the Miami River and its tributaries.The City of Miami will cooperate with the Miami River Commission in establishing such standards and, to the extent feasible, achieving them. Objective NR -1.3: Maintain and enhance the status of native species of fauna and flora. Policy NR -1.3.1: Continue and, where necessary, expand the use of scenic corridor and Environmental Preservation District designation. Policy NR -1.3.2: Identify City -owned land with significant native vegetative features or wildlife habitats, and designate those areas as Environmental Preservation Districts. Policy NR -1.3.3: Continue designating private properties with significant or unique resources as Environmental Preservation Districts. Policy NR -1.3.4: Review development and redevelopment to determine any adverse impacts on adjacent areas with significant native vegetative features, wildlife or marine life, and establish regulations that reduce or mitigate such impacts. Policy NR -1.3.5: Through the development review and approval process, ensure that off-site mitigation for disruption or degradation of significant natural resources occurs Miami Comprehensive Neighborhood Plan 86 Goals Objectives Policies September 2015 r 1 A 1 1 A A t-7 Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk in an orderly and sound manner, so as to maximize benefits to the overall natural system. Policy NR -1.3.6: Through the development review process, deny the use of intrusive exotic plant species, encourage the use of native plant species, and those species that do not require the excessive use of fertilizers, excessive watering, are not prone to insect infestation or disease, and do not have invasive root systems. Policy NR -1.3.7: Permit applications for all boating facilities located on city shorelines shall be evaluated in the context of their cumulative impact on manatees and marine resources. Policy NR -1.3.8: Slow or idle speed zones shall be adopted in areas frequented by manatees and enforcement of speed zones will be improved. Policy NR -1.3.9: To the extent that there are wetlands on the Resources of Regional Significance, State Save Our Rivers, or Dade County Environmentally Endangered Lands acquisition lists within the City of Miami, consideration will be given to public acquisition and management of such properties when such actions are feasible. Objective NR -1.4: Maintain, protect and enhance the City's tree canopy and significant trees. Policy NR -1.4.1: The City will continue to protect the tree canopy and significant trees through the Tree Protection Ordinance. Policy NR -1.4.2: The City will work with public and private partners to achieve the 2007 Tree Master Plan goal of 30% tree canopy coverage citywide by 2020. Policy NR -1.4.3: The City will develop an ordinance describing criteria for designation of City of Miami Historic Trees, procedures for nomination of a Miami Historic Tree, and procedures for official designation and signage identifying Miami Historic Trees. Goal NR -2: Maintain an adequate and safe supply of water for the city residents. Objective NR -2.1: Ensure adequate levels of safe potable water are available to meet the needs of the city. (See Potable Water Objective PW -1.2.) Policy NR -2.1.1: In periods of regional water shortage, the City will support the South Florida Water Management District's policies and regulations regarding water conservation. Policy NR -2.1.2: The City will continue to enforce Florida Building Code requirements for the on-site retention of the first inch of storm water runoff. (See Sanitary and Storm Sewers Policy SS -2.2.5.) Miami Comprehensive Neighborhood Plan 87 Goals Objectives Policies September 2015 Submitted into the public record for item(s) PZ.3 on 11/16/2017 . City Clerk Policy NR -2.1.3: The City will continue to support the South Florida Water Management District efforts to monitor the water levels at the salinity control structures within the city to prevent against further saltwater intrusion and protect the aquifer recharge areas and cones of influence of wellfields from contamination. (See Natural Groundwater Aquifer Recharge Policy AR -1.1.3.) Policy NR -2.1.4: Since the potable water network is an interconnected, countywide system, the City will cooperate with Miami -Dade County Water and Sewer Department (MDWASD) to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity, and ensure that sufficient capacity to serve development exists. (See Potable Water Policy PW -1.1.1.) Policy NR -2.1.5: Ensure potable water supplies meet the established level of service standards for transmission capacity as set in the Capital Improvements Element. (See Potable Water Policy PW -1.2.1 and Capital Improvements Policy CI -1.2.3.) Policy NR -2.1.6: [Reserved] Policy NR -2.1.7: The City adopted an Updated Water Supply Facilities Work Plan (contained in Appendix PW -1 of the MCNP) for a 20 -year planning period, from 2014 to 2033, that is consistent with the current South Florida Water Management District Lower East Coast Water Supply Plan Updates approved by the South Florida Water Management District (SFWMD) and the current adopted County Water Supply Facilities Work Plan. The City's Work Plan and the County's Work Plan are incorporated into the City's Comprehensive Plan (See Potable Water Policy PWA.2.2.) Policy NR -2.1.8: The City will continue to practice water conservations measures (i.e. new residential and commercial development will be required to install high efficiency plumbing fixtures and appliances) that are enforced through Chapter 8 — Building Code and 32 — Water and Sewer Regulations, of the Miami Dade County Code of Ordinances, updated September 2, 2008. Policy NR -2.1.9: The City will continue to implement the same or more stringent water conservation measures as provided through Chapter 8 — Building Code (updated September 2, 2008), Chapter 32 — Water and Sewer Regulations (updated September 2, 2008), and Chapter 18A and 18B — Landscape Ordinance (updated May 5, 2009), of the Miami -Dade County Code of Ordinances. Goal NR -3: Attain and maintain a degree of air quality that is safe and to meet all attainment standards set by the U.S. Environmental Protection Agency for the city as a whole. Objective NR -3.1: Improve the monitoring of air quality within areas perceived to have the highest potential for air quality problems. Policy NR -3.1.1: The City shall continue working with County, State and federal environmental agencies to ensure that the number of air quality monitoring stations Miami Comprehensive Neighborhood Plan 88 Goals Objectives Policies September 2015 Submitted into the public record for item(s) PZ -3 on 11/16/20171 , City Clerk maintained by these agencies are sufficient to ensure accurate ongoing monitoring of air quality standards. Objective NR -3.2: Prevent the degradation of ambient air quality within the city. Policy NR -3.2.1: Establish vehicular transportation patterns that reduce the concentration of pollutants in areas known to have ambient air quality problems. Policy NR -3.2.2: The City of Miami continues to support the provision of efficient transit and paratransit services that serve existing and future trip generators and attractors, the provision of safe and convenient transit passenger transfer terminal facilities, .and the accommodation of the special needs of the City of Miami's population. Therefore, the City of Miami will support Miami -Dade County in the provision of these essential transit services. (See Transportation Objective 1.5) PolicyNR-3.2.3: The Ci will work with the Miami -Dade County transportation City ty P planning agencies to continue to increase the quality of transit services within the city. PolicyNR-3.2.4: The Ci will work with theappropriate federal, state, regional, and City9 county agencies to ensure that owners of buildings and facilities with unacceptable levels of asbestos (according to EPA and State Standards) in ambient air test remove, treat and seal asbestos -containing materials as long as this action will not cause further degradation to the air quality. Policy NR -3.2.5: The City will monitor developers to ensure that they appropriately treat exposed construction areas by means such as mulching, spraying or grass coverings, to minimize air pollution. Policy NR -3.2.6: The City will reduce human exposure to air pollution by taking into consideration climate change mitigation and adaptation strategies from the recommendations of the Southeast Florida Regional Climate Change Compact to reduce greenhouse gas emissions in accordance with all applicable regulations. A J Miami Comprehensive Neighborhood Plan 89 Goals Objectives Policies September 2015 0 Submitted into the public record for items)pZ.3 on 11/15/2017 City Clerk 0 T� T4 .2 U %'F r' 1 1, L P LAN I N prepared for Miami River Commission, City of Miami, and Miami -Dade County T • w"awWW. 6.02 7 as W7 l Irl A, 1 MIAMI RIVER CORRIDOR URBAN INFILL PLAN EAST LITTLE HAVANA (I-95 to 12th Avenue, south bank) Much of the neighborhood now known as East Little Havana was once called Riverside — one of Miami's earliest "suburbs", with subdivisions dating from the early `teens following the construction of bridges connecting the south side of the Miami River with Downtown. Pedestrians abound on the sidewalks of its regular, tree -lined residential blocks, while its network of one-way streets (combined with the diagonal South River Drive) confounds drivers. Much of its historic housing stock remains, but has suffered intrusions of larger -scaled residential development and integrity -robbing alterations. While predominantly a residential neighborhood, East Little Havana's waterfront is predominantly industrial in nature. Anchored on the east by Jose Marti Park, with a small area zoned restricted commercial, the majority of the East Little Havana waterfront is zoned for waterfront industrial use. While this use is appropriate and desirable, an expansion of allowable A wood frame house with coral rock piers in East Little Havana Submitted into the public record for item(s) PZ.3 on _ 11/16/2017 City Clerk VISION FOR THE RIVER uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintaining the requirement for a primary water -dependent use — would serve to enliven the on - road greenway planned for this portion of South River Drive as well as increase the economic viability of the existing waterfront industrial sites. Similarly, consideration should be given to modifying the zoning of the multifamily residential parcels on the south side of South River Drive to allow limited restaurant, retail, or office use while maintaining the principal residential use requirement. East Little Havana's Jose Marti Park East Little Havana's residential density and human scale— thanks to its development in the 1920s and 1930s as a multifamily district featuring four-, eight-, sixteen-, and twenty -four -unit apartment buildings intermixed with frame vernacular and bungalow -style single family residences — are reinforced by two vital, pedestrian -oriented, neighborhood -serving commercial corridors, 8`h Avenue and 12`h Avenue. However, the east -west counterparts of these avenues lack this vitality and safety. The restriction of NW 7`h Street, which links the River to the Orange Bowl to the west, to office use should be reconsidered in light of the opportunity presented by the planned greenway to bring pedestrians west from the River to the historic Orange Bowl stadium. Restricted commercial uses focusing on mixed restaurant, retail, and residential uses should be considered. One-way Flagler, SW 8`h, and SW V Streets all are less friendly to pedestrian shoppers; Flagler and SW V Streets in particular are difficult to cross and lack the intimacy oN is Prepared by Kimley-Horn and Associates, Inc. -September, 2002 Prepared for the Miami River Commission 25 JIL EWLMIFwd )fat 77- : I - S 4 if p- F- 7wo Vit W. 40- 46p Jo— a Z. —Alt LA Adtion Plafi� low. I - Now 4S 16; Mir-qw -Miami, Fiorid' -- r OF for. i a m i R iveec o I io Ito; Prepal W4,4R-7 Riuer Greenway Uision 5 Goals From the themes defined herein, a review of prior planning efforts, a dozen focus groups meetings, and one-on-one meetings with more than two dozen business, civic and government leaders, a vision emerges for the Miami River Greenway. The Miami River is a valuable natural, historic and cultural resource and the namesake of our community. We envision the Miami River as an ecological system that serves to enrich the lives of residents throughout the Miami metro- politan area. The Miami River Greenway will help to improve the future eco- nomic well-being of our community by increasing public access to the waterway, sustaining the 'working river' maritime shipping industry, restoring water quality In the river channel, serving as an attractive destination for local residents and visitors, encouraging appropriate adjacent land use, fostering an ethic of stew- ardship for plants and animals native to the river landscape, and celebrating the multi -cultural ethnicity of our community. Figure 11: Aerial view of river looking west. Miami River Greenway Goals ti Objectives The vision for the River Greenway will be realized in part through the adoption and implementation of the following greenway goals and objectives. (Please note: some objectives are found under more than one goal) The goals and objectives are not in order of importance nor significance. Goal 1: Improue flccess to the River Ob'eJ ctiues Remove the system of fences that has served to restrict access to and along the river landscape. Improve the visual identity and public awareness of the river. • Provide for improved access to marinas. Construct a comprehensive system of greenway trails on publicly owned properties. Promote safety and security throughout the river greenway system through the adoption of CPTED principles (Crime Prevention Through Environmental Design). Link existing parks, historic and significant natural sites throughout the river landscape. • Encourage landowners and land developers to link private facility develop- ment to the greenway. Develop an efficient alternative transportation system of bicycle and pedes- trian facilities within and adjacent to the greenway that will enable people to connect to destinations on both sides of the river. Implement the Miami River Trail element of the North Dade Greenways Master Plan. Work with private landowners to voluntarily acquire parcels of land that will provide for improved public access to the river. Goal 2: Sustain the "Working River" Industries of the Miami River Objective • Support the growth of the shipping and marine industries. Work with local, state and Federal officials to complete a comprehensive dredging program for the Miami River. • Coordinate greenway development with future expansion of the shipping and marine industry. Continue the removal of abandoned and derelict vessels from the river. Improve navigational and safety code enforcement on the river. • Improve roads and bridges in the vicinity of the river to encourage sustainable and compatible development and minimize conflict between vehicular and shipping traffic. Increase adjacent residential, commercial and industrial property values and increase the tax base through the development of the greenway system. • Contribute to the economic well-being of the community by providing employ- ment opportunities resulting from development of the greenway. • Define, quantity and tout the economic benefits of the Miami River Greenway. Clean up toxic areas and hazardous waste found within the river corridor. • Improve law enforcement activities throughout the Miami River corridor. Submitted into the public record for item(s) PZ.3 on 11/16/2017 City Clerk Goal 3: Restore Water Quality throughout the Ritter Ecosystem. Obiectiues Work with Federal, State and Local governments and area businesses to Improve water quality through a comprehensive program aimed at reducing point source and non -point source pollution. Target Identified polluted sites for clean up in accordance with Federal and State laws, regulations and programs. Where possible provide riverbank vegetative buffers, an element of cleaning up overland stormwater runoff and pollution. Where possible stabilize the banks of the river through the use of plants, native limestone rock and other proven water engineering techniques (i.e. soil bioengineering) Utilize best management practices to slow runoff and pollutant loading on tributary streams that feed the main Over stem. Develop local upstream water quality programs for the feeder streams of the river. Educate local residents as to the importance of best management practices to improve water quality. Goal 4: Serve as a Destination Landscape for Metro Miami Ob ectiues Make the river an attractive destination for local residents and tourists. Complete the existing Riverwalk program in applicable sections of the river greenway. • Diversify the land use and destinations found a" the river to include more restaurants, retail shops and other river related business uses. • Implement a blueway (i.e. water transportation program) for the Miami River that would foster water-based linkages to key destinations. Remove fences that currently serve as a barrier to river access and program these landscapes for resident and tourist uses. Program river greenway events for each month of the year. Implement a comprehensive signage program for the river greenway system. Incorporate art into the river greenway landscape. Goal 5: Encourage a Compatible Land Use Uision for the River Ob ectiues Promote a diversity of land uses and destination landscapes that support increased activity Wong the river. Revitalize key destination landscapes such as neighborhood parks to encour- age more use. Consider the use of an overlay planning district for the river, jointly prepared by the Miami River Commission, the City of Miami and Miami -Dade County. Develop neighborhood scale retail, commercial and tourist destinations. • Implement the Downtown Miami Design Guidelines as developed by the Urban Design Committee. Develop strong bicycle and pedestrian connections to Downtown Miami, the Brickell Avenue corridor and adjacent residential neighborhoods.