HomeMy WebLinkAboutLegislation SUB Memo from City ManagerCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
FROM: Daniel J. Alfonso
�i City Manager %
DATE: November 8, 2017
SUBJECT: November 16,,20 i 7 City Commission
Meeting Agenda — PZ.3 (File 2508)
REFERENCES:
ENCLOSURES: pages 240-301
The City Commission meeting agenda published online and hard copies were distributed to you
yesterday, Tuesday, November 7, 2017.
The agenda item published online in its completeness yet the printed copies were missing pages 240-301.
Attached are copies of page numbers 240-301, which belong at the end of item PZ.3. With these physical
copies. your printed materials for PZ.3 mirror the electronic materials published online.
Also, attached is a copy of the updated resolution to the item that will substitute the resolution that
published online and printed in your packets. The resolution has been updated so the property address
shown in the resolution is identical to the property address shown on the property postings, and the
address shown in the certified mail notices mailed to the abutting property owners.
C: Victoria Mendez, City Attorney
Nzeribe lhekwaba, Chief of Operations and Assistant ity Onager
Francisco J. Garcia, Planning Department Director
Anna Medina, Agenda Coordinator
Plan 18-003
2s-09,U4'ElAoll SLb ffW_ma_-Rroyicj-� OmW
PZ.3
CITY COMMISSION FACT SHEET
File ID: (ID # 2508)
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING/DENYING THE APPEAL OF WARRANT NO. 2017-0004
ISSUED PURSUANT TO ARTICLE 4, TABLE 3 OF ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("MIAMI 21 CODE"), TO ALLOW A FOOD SERVICE
ESTABLISHMENT LOCATED WITHIN A D3 ("WATERFRONT
INDUSTRIAL") TRANSECT ZONE AND PURSUANT TO ARTICLE 6,
SECTION 6,3.2 OF THE MIAMI 21 CODE TO ALLOW AN OUTDOOR
DINING AREA INCLUDING A WAIVER PURSUANT TO ARTICLE 7,
SECTION 7.2.8(B) OF THE MIAMI 21 CODE TO ALLOW THE ADAPTIVE
USE TO A RESTAURANT USE IN A D3 ("WATERFRONT INDUSTRIAL")
TRANSECT ZONE FOR THE PROPERTY LOCATED AT 125,127 A/K/A
129, AND 131 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE,
LOCATION: 125,127 a/k/a 129, and 131 NW South River Drive [Commissioner Frank
Carollo - District 31
APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Biscayne Towing & Salvage,
Inc., abutting property owner
APPLICANT(S): River Ari Building LLC
PURPOSE: Appealing a PZAB decision
FINDING(S):
PLANNING DEPARTMENT: Recommended denial of the appeal
PLANNING, ZONING AND APPEALS BOARD: Denied the appeal on May 17, 2017, by
a vote of 9-2.
iti(S fl} J
$„
Resolution
File Number: 2508
City of Miami
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www rniamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION APP ROVINGIDENYING THE
APPEAL OF WARRANT NO. 2017-0004 ISSUED PURSUANT TO ARTICLE 4, TABLE
3 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW A FOOD SERVICE
ESTABLISHMENT LOCATED WITHIN A D3 ("WATERFRONT INDUSTRIAL")
TRANSECT ZONE AND PURSUANT TO ARTICLE 6, SECTION 5,3,2 OF THE MIAMI
21 CODE TO ALLOW AN OUTDOOR DINING AREA INCLUDING A WAIVER
PURSUANT TO ARTICLE 7, SECTION 7.2.8(B) OF THE MIAMI 21 CODE TO ALLOW
THE ADAPTIVE USE TO A RESTAURANT USE IN A D3 ('WATERFRONT
INDUSTRIAL") TRANSECT ZONE FOR THE PROPERTY LOCATED AT 125,127
A/K/A 129, 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 approved Warrant No. 2017-
0004 pursuant to Article 4, Table 3 of Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), to allow a Food Service Establishment Use,
pursuant to Article 6, Section 6.3.2 of the Miami21 Code, to allow an Outdoor Dining Area in a
Food Service Establishment,. and further issued a Waiver pursuant to Article 7, Section 7.2.8(b)
of the Miami 21 Code, to allow an adaptive use of a building located in a D3 ("Waterfront
Industrial") Transect Zone for the properties at 125, 127 a/k/a 120, and 131 Northwest South
River Drive, Miami, 'Florida, with conditions; and
WHEREAS, on April 19, 2017, W. Tucker Gibbs, Esquire, on behalf of Biscayne Towing
& Salvage, Inc. ("Appellant"), filed an appeal with the Office of Hearing Boards of Warrant No.
2017-0004; and
WHEREAS, on May 17, 2017, the Miami Planning, Zoning and Appeals Board ("PZAB")
considered the testimony and the evidence presented, after due notice and an opportunity to be
heard was afforded to ail members of the public, and adopted Resolution No. PZAB-R-17-033,
by a vote of nine to two (9-2), and found there was substantial evidence in the record to deny
the appeal of Warrant No. 2017-0004; and
WHEREAS, on May 30, 2017, the Appellant filed an appeal of the PZAB's decision to
the City Commission with the Office of Hearing Boards; and
WHEREAS, the Appellant claims that the proposed Food Service Establishment Use
falls to meet the requirements set forth in the provisions of the Port of Miami River Element of
the City of Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the Appellant claims that the proposed Food Service Establishment Use is
not an accessory use to the proposed yacht club and lounge with yacht sales and rentals; and
WHEREAS, the proposed use does/does not fulfill the intent of the Miami River Corridor
Urban Infill Plan for the East Little Havana neighborhood; and
opportunity to be heard has been afforded to all parties and members of the public, there is
substantial evidence in the record to grant/deny the appeal of Warrant No. 2017-0004;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The appeal of Warrant No. 2017-0004 is granted/denied.
Section 3. This Resolution shall be effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
f "ttoortey
7114-2017 i ria �dez, ty118:201.7
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
PAGES 240-301
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Gon r or of State of Florida
Mr. Rick Scott
Uk'sigtee: Ms Patricia Harm
Chir of Nflami-Dark. DekTaatkm
Representative Jose Felix Diaz
Designee: Rep, David Richareson
Chair of GotmIng Board of Sonat
Florida Water Nfanagenuw ilhbict
Mr. Daniel O'Keefe
Desipee- ifs Sandy aatchelcr
,4[i;tmi-Dade State AttornLy
Ms ka:herine Fernand:`: -Rundle
Designex, Mr. Gary Winston
Ntsayor of Miarni-Ovule Cour"
Mayor Carlos Gift encz
De;igncr' Mr. Frank Balzebm
Mayer of Miami
Mayer Tarn:" Rzvrt'.aclo
City of Miami Cuatut &&mer
Conitni&;aoner Frenk Cam -1h)
miund-Dade Cmmty Commisskmer
C's3tttntissioner Brunn Barreiro
Designee: % M ar lenc Avalo
Chair sof Miami River Nfark* Grwip
Nt.% Bruce 13, -,awn
Designee- Sit. R:L;Minn Dtkbin
Chair of ;4iarile Cotrocil
Mr. Ed Swakon
Ce:;agixx: Mn Phil E-vcnn_Mr.i
Emcuc we Director of Do nro%n
DewekM awAt .tudm ty
M& Alyce Robertson
Dersawce. V--. Erre Ric)
Chair of £:renter Miami C'humNer
of Commerm
Mr. Barry John+senDesignw. Ms. !y
andy
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,ponirded by City of Miurd Convnir isin
Dr. Fir c t NI:Irf in
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Gowenaor
Mr. Horasao Sloan Anirre
Nlewbm of LarW AptmPin("t br the
Governor
Mr. Jay Carmichael
Member at large Appointed by
N,Uan i -Dade CsttsnttWort
Ms. Sara Btbun
Dcsitfner Mr. Duber Lazarciu
Member at Lame Appniated bm-
City of Miarw Cort mk%ion
Mr. MaautY maguez
Monona Director
Mr. Brett Biixau
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Ij Miami RiverCommission
City of Miami Commission
3504 Pan American Drive
Miami, FL 33133
do Robtxt King lfigh
1407 INVY 7& Street, Suite D
'NGami, Florida 33t?S
Office (305) f> W4)!5.a
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October 26, 2017
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Re: iyiRC Advisory Recommendations Re PZ 13, RE.7 and DI.4
Dear City Commissioners:
PZ -13 (Appeal of Warrant) - During a public meeting held on
January 23, 2017, the Miami River Commission (MRC} considered
this Warrant application, which was subsequently approved by the
City of Miami, The MRC's subject adopted public meeting minutes
state in part:
"Ms Sandy O'Neil made a motion for the NIRC to adapt the MRC
Cuban Infill Subcommittee Chairman Jiro :t+turley and MRC
Gro enw'ays Subcommittee Chairman Ernie 110artin's suggestion for
tl�e INIRC to recommend approval of the updated subject warrant
proposal with the fallowing conditions:
I) 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 � gau' 're asked if anyone wanted to make another
motion for consideration, and no other motions were made."
Therefore, the MRC did not recommend this project as proposed.
RE.7 (Accepting ST Funding for Stormwater Master Plan) — While
this specific agenda item "accepting $1,125,000 from FDEP for design
and creation of the City of Miami's Stormwater Master Plait" hasn't
been considered by the MRC, it further advances implementation of
the MRC's adopted Miami River Basin Water Quality Improvement
Plan and the Miami River Corridor Urban Infill Plan.
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City of Miami Zoning Application
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copy of the correspondence as provided by Hearing Boards is attached and referred to as Exhibit
E.
At the July 27, 2017, Cite Commission ineetino, Tucker Gibbs and Iris Escarra appeared
on the continuance of the appeal, with Tucker Gibbs requesting September 2$, 2017, and. Iris
Escarra requesting September 14, 2017. At the July 27, 2017. City Commission meeting Iris
Escarra stated on the record that the item should be continued to the September 14, 2017,
meeting and that this is "an economic hardship for [Tasal River Arts] to have been carrying this
property through this appeal process, and it's already been six (6) months." However, the City
Commission continued the hearing on the appeal to the September 28, 2017, City Commission
meeting. The relevant minutes from the: July 27, 2017, City Commission meeting are attached as
Exhibit F.
At the September 28, 2017, City Commission meeting, the item was again continued, at
the request of District 3 Commissioner Carollo, to the October 12, 2017, City Commission
meeting. The October 12, 2017, Cite Commission meeting was adjourned prior to the hearing of
ane' items on the Plarining and Zoning Agenda dile to lack of quortim. The appeal has now been
scheduled for the October 26, 2017, City Commission meeting. It has been more than sir (6)
months since the Warrant was issued, with no resolution to the appeal.
APPELLANT'S ORTECTION TO OCTOBER 25, 2017, HEARING
In an email to Olga Zamora dated October 18. 2017, Tucker Gibbs objected to the
scheduling of the appeal on the. October 26, 20177 City Commission agenda, alleging that the
City Clerk and City Attorney confirmed that the appeal wotild be set for November lb, 2017, at
the conclusion of the October 12, 2017, City Commission meeting. Tucker Gibbs claims that his
client is not available for the October 26. '1017, City Commission meeting. Tucker Gibbs email
confiims he rLcelved City's notice of hearinc, for the October 26, 2017, hearing date. A copy of
Tucker Gibbs' email is attached as Exhibit G.,
CITY CODE AND MIAMI 21 SECTIONS REGARDING WARRANT APPEALS
Section 7.1.1.5(i) of Miami 21, attached as Exhibit H. specifically states that appeals
from the Planning and Zoning Appeals Board to the City Commission in connection with a
Warrant application `shall be specially set for the first available City Commission hearing that is
at least fifteen (15) days after the Planning, Zoning, and Appeals Board hearing." (emphasis
added). This provision is intended to protect an appellee's rights by ensuring the speedy
resolution and adjudication of pending appeals. Five (5) months have passed since the appeal
was originally denied by the Planning, zoning and Appeals Board. By not setting the appeal to
the October 26th meeting, in contravention of Section 7.1.1.5(1) of ikliami 21, the City will
continue; to unduly prejudice the appellee who has been ready to present his defense since May.
7
Greenberg i raurig- P.A.? Attorneys at Law 1 333 Avenue of the ,Americas i Sure 4400 t Miami. r'_ 33131-3238 [Tel 335-:79.05W j Fax 3^SS73 ;'1' � � .v.v;rEaw-tam
Accordingly, Tucker Gibbs' objection to the scheduling of the appeal before the October
26, 2017, City Commission is without merit and should be denied. We appreciate your time and
consideration of this matter at the October 26, 20 17, Cite Commission meeting.
Respectfully Submitted,
Iris Escarra
cc:
Rafael Suarez Rivas, Senior Assi-stant Cita Attorney, City Attorney's Office
W. Tucker Gibbs (via Itand Delivery at Hearing)
City Commissioners (via Hand Delivery) y
4
Greenberg Traurig- P -A.' Arr;arneys ar Law 1 333 Avenue of the Americas i Suite 4400 ] Miami. FL 33131.3?38 1 Tel X5 57905,:0 [ Fax 305.57 9.071 r ; � :•.,L.;r`,,x u�>>
FINAL DECISION
File No. 17-CO04
-
Green erg iraurig,. €,'A,.
333 S7 2m Avenue, Miami, FL
lViarni, FL 33131.
Fforp.:'Francisco J.: Garcia, Director
i• .Planning &-Zosling.lfp'artment
PLE4SFzTAFCE NOTICE THi0.TA FfNAL,DEGISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
—Title.
trio: ,Fcod"SerVice Establishment & Outdoor Dining (liver Arts Building)
`Address: 725,127 and 131 NW S. River Dr., Little Havana NET
Final Decision:
0 Approval
✓Q Approval with condition
Denial
Prepared by: Luiz Mcentini, Planner 1 305-4188-1408
Amanda Smith, Planner[ 305-41E-1433
FfNDiNGS AND CONDITIONS
The subject proposal has been reviewed for the foilow;Mg:
1- A Warrant pursuant to Article 4 Table 3 of the Miami 21 Cade, as adopted, the Zoning
Ordinance of the City sof Miami, Florida. This Section states that Food Service
Establishments located wtNn a D3 Transect Zona shall be processed by Warrant.
2- A Warrant pursuant to Article 6, Section 6.3.2, of the Miami 21 Code, as adopted, dieZoning Ordinance of the City of Miami, Florida. This Section states explicitly that a
Warrant shall be required for outdoor divine areas and the display and sale of items frons
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 Inf3il & 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,J
I �_
b
tecord
On
File No. 17-DO04
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 Weil as CUs for
Industrial - manufacturing & processing with a CU property class of printing/pubfishing 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 assessors 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 mst<es, 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, Sectlon 6.3.2, and a Waiver, pursuant to Article 7,
Section 7.2.8(b) with the follomx ng limitations:
CONDITIONS:
I. The proposed outdoor dining shall be in accordance with the pians entified 'River Arts
Complex - Warrant Submittal' as prepared by Serenblurn Busch Architecture, Inc.
consisting of 15 pages dated September 2, 2016,
2. Offsite parkfng shall be provided to accommodate proposed valet service. Validation of
sufficient offsite parlcng 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, tri Class I and Ma.&Ps Operating
P rwa s shall be approved p for to tha,issuance cfa bull ' " for this site. '
4. Appilcant shall malrtwn comptanc a with'the Lower''Uver"dasign develvpnvnt ragulatiocs
of both the Miami River Greenway Action Plan and the Miami River Greenway Regulatory
Design Standards throughout all phases of the project, to be consumed by ttse Planning
and Zoning Director or his/her designee prior to the issuers 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 worts 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 Arbonst 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
41 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.
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DECISION File No. 17-4
,w
CLE 4 TABLE 12
(a is is subject to conditions.
'*N appllt pie t th tme, subject to review and approval.
I R C a 0 P _09ATf0
N
wFagadesto
APPlicabillty Compilarm
xt taking into NIA -
existing urban
.ign Facades to NIA acknowledge all Frontages.
(3) For modificationsof 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.
II BUILDING CONFIGURATION. AoglicabilitY Compliance
(t) Articulate the Building Fagade vertically and NIA -
horizontally in intervals appropriate to the existing
Neighborhood and Transect Zone.
(2) Articulate the Building Fagade at street level to NIA -
recognize pedestrian continuity and interest, and
at upper Weis 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. NIA
(6) Design all walls as active Fagades, with doors NIA
and windows; w en 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.
(S) Building sitas should locate service elements, NIA
such as trash dumpsters, utility meters, loading
docks, backflow preventers, siamese connections
and electrical, plumbing, mechanical and
File No, 17-QO4
Neighborhood.
(2) Provide functional and aesthetic signage
-
identifying Building addresses at the entrance(s).
VI 1) AM B I ENT STANDARDS:
Aoolirahilit*{ Compliance
(t) Provide lighting appropriate to the. Building and
NIA
landscape design in a manner that coordinates
with signage acid street lighting.
(2) Orient outdoor lighting to minimize glare to the
PIA -
public realm and adiecent properties.
(3) Protect residential areas from excessive noise,
Yes Yes{
fumes, oders, commercial vehicle intrusion, traffic
conflicts and the spillover effect of light.
W. TUCKER GIBBS, P.A.
ATFORNEY AT LAW
April 19, 2017
Olga Zamora
Hearing Boards Office
City of Miami
444 S.W. Second Avenue,
Miami, Florida 33130
P.O. BOX 1050
COCO..NUr GROVE R 33133
MEPHONE (305) 443-8486
FACSL%XLE (305) 418.-0773
kuCh:iat;iU
3,1d Floo_„
a
VIA FAND DELIVERY
Rs: A peal of Warrant E1o. 2017-0004 to allow a food service
establishment and outdoor dining within the D3 Transact.
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
`lowing") which owns and operates 24-hour towing and salvage
facilities at 151 N.V1. South Ricer Drive adjacent to the
referenced property ("subject property").
My client objects to and hereby appeals Warrant No. 201.7--
0004 issu d on April 7, 2017. (Exhibit "A"'). That warrant would
allow (1) a road service establisrunent within the D3 Transect
Zone, (2) outdoor dining areas and display and sale of items
from vending carts and (3) a waiver "to a1'ow the adaptive reuse
to a restaurant" at 125, 127 and 13.1. N.W. Scath 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 Co.raprehensive Plan:
L 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 I of 3
L
1
t
The requested waiver to allow an adaptive reuse of a
Structure for a restaurant, use is not only inconsistent with the
comprehensive plan as set out above, but it is also inconsistent
with the guiding principles of the Miami. 21 Code. Furthermore,
the waiver presents no facts that show practical difficulties
caused by the Miami 21 regulations that would be resolved by the
approval of the requested waiver. Therefore, the waiver serves
merely to circumvent specific provisions of the Miami 21 Zoning
Code. Furthermore, the approval of the waiver is contrary to the
essential requirements of the .lawn 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,
l
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, 227 and
4 131 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
cosideration of this appeal.
Sincerely,
i
l W. Tucker uibbs
cc; Biscayne, TDwing & Salvage, Inc.
Page 3 of 3
Fide ID: 2216
City of ;Miami
PZAB Resolution
Enactment Number: PZAB-R•17.033
cit�/ hall
3500 Pan American Drive
Mlarni, FL 33133
,~w MIam,gov,com
Fina! Action Date: 5;1712017
A RESOLUTION OF THE MIAMI PLANNfNG, 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 M1AMI, FLORIDA ("MIAMI 21" ), TO ALLOW A FOOL?
SERVICE ESTABLIS HIMENT LOC ATE❑ WITHIN A 03 ("WATERFRONT
INDUSTRIAL") TRANSECT ZONE; PURSUANT TO ARTICLE 6, SECTION 6.3.2 OF
MIAMI 21, TO ALLOW AN OUTDOOR DINING AREA ALIO THE DISPLAY AND SALE
OF ITEMS FROM VENDING CARTS; AND A WAIVER PURSUANT TO ARTICLE 7,
SECTION 7.2.5(B) OF MIAMI 21, TO ALLOW THE ADAPTIVE USE TO A
RESTAURANT USE IN A 033 ("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. (SATE.
WHEREAS, on Aprii 7, 2017, the Department of Planning and Zoning approved Warrant
No. 2017•COC4 pursuant to A bole 4, 'fable 3 of Ordirance No. 13114, as amended, the Zoning
Ordrance of the City of Miami, Florida ("Miarni 21 Cede'), to allow a Food Service
Establishment Use; pursuant to Article 6, Section 6.3.2 of Miami 21, to allow an Outdoor Dining
Araa in a Food Service Establishment; and a Waiver pursuant to Article 7, Section 7.2.8(b) of
Mianni 21, to allow ar adaptive use cf a t;uildi,ng located in a D3 ('101aterfron; Industrial")
Transect Zone for the properties at 125, 127, and 131 Northwest Soutth River Drive with
conditions; and
WHEREAS, on April 10, 2017, W. Tucker Gibbs, Esquire, on behalf of Biscayne Towing
& Salvage, Inc. ("Appellant') filed an appeal with the Office of Hearirg Beards 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 l0arni River Element of
the City of Miami Comprehensive Plan ("MCNP"); and
V/IH :REGIS, the Appellant claimed that the proposed Food Service Establishment Use is
not an accessorrf use to the proposed yacht club and lounge with yacht sales and rentals; and
WHEREAS, the proposal does fulfi!i the intent of the Miami River Corridor Urban Infill
Plan for the East Little Havana neighborhood; and
'A'HEREAS, approval of Warrant No. 2017-0004 does serve to meet the intent of the
IvICINP's fart of Miami River Sub -Element that emphasizas the economic development of the
Miami River through job creation and employment opportunities; and
Page 1 of 3 File 2216
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA.
Section 1, The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The appeal of Warrant No. 2017-0004, with conditions, is denied.
Section. 3, Th!:s Resolution shall be effective immediately upon its adoption,
APPROVED AS TO LEGAL FORM AND CORRECTNESS
THIS DECISION IS FINAL UNLESS APPEALED WITHIN 15 DAYS WITH THE OFFICE OF
HEARING BOARDS.
Francisco Garcia, Director
Planni€ q and ,Zoning Department
STATE OF FLORIDA)
COUNTY OF MIAMI -RADE )
Execution Dite
Personally appeared before me, the undersigned authority.
Clerk of the Office of Hearing Boards of the City of Miami, Florida, and acknowledges that
helshe executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME. ___TKS i ' DAY CIF
'i 2017,
Print Notary dame
Personally known or Produced I.D.
Notary Put; c State of Florida
My Commission Expires:
Type and number of I. D,prodUC'ed
Did take an cath � f or Did not take an oath
3 OF 3 file 2216
m..
rN�
�i;
3iL'!tq Gt7H ZALEZ �
hSY'«"'afdddSSICY4 G8515ad
r']4PrRE3
Y�vsmSer
�crdaa'im�,vvtsry:�ybg��"�'+ier!
W. TUCKER GrBBS, P.A.
ATTOI NEY AT LAW
P.O. BOX 1050
COCONUT GROVE FL 33133
T-ELUHONF (305) 448-3436
FACSLMILE (305),P[8-0773
[tc s kt� r'tgi 15Us.Com
May 30, 2017
Olga Zamora
Hearing Boards Office
City of Miami
444 S.W. Second Avenue, 3rd -Floor
Miami, Florida 33130
VIA HAkID DELIVERY
W�P,��iLC i1i' '±
Re: Appeal of PZAB Resolution 1.7-033 Dawying Appeal of Warrant
No. 2017-0004 for Property at 125, 137 and. 131 N.W. South
River Drive. -
Dear Ms. Zamora:
I represent Biscayne Towing & Salvage, Inc, ("Biscayne
Towing") which owns and operates 24 -dour towing and salvage
facilities at 151 N.W. South River Drive adjacent to the
referenced property ("subject prt)perty") .
My client filed ita appeal of Warrant No. 2017-033 on April
19, 2C17. The Planning Zoning and Appeals Board {`PZAB") heard
the matter and denied the appeal on May 17, 2017.
Biscayne Towing hereby appeals Planning Zoning and Appeals
Beard Resolution 17-033 (Exhibit "A") that denied my client's
appeal. of Warrant No. 2017-0004. (Exhibit "S"). That warrant
would allD-vi (1) a food service establishment within the D3
Trani: ct Zor-e, (2) outdoor dining areas and display and, sale of
iter:ts from vending carts and (3) a waiver "to allow the adaptive
reuse to a restaurant" at 125, 127 and 131 South River
Drive.
The PZA3's denial of the appeal would permit a food service
establishment is contrary to the following provisions of the
Port of the Mian_ fiver Element of the City of Miami
Comprehensive Plan:
1. Objective PA 3.1 which requires that the Port, of the
Miami River by protected from encroachment by non- i
=Nater dependent and non -water related uses. The
Page 1 of 3
compliant with the Miami 21 Code because it fails to implement
the comprehensive plan and it is contrary to the sequential
intensity of transects that is one of the fundamental principles
of the Miami 21 Code.
The PZRB denial of the appeal and approval of the requested
waiver to allow an ad,,ptive reuse of a structure for a
restaurant use is not only inconsistent with the comprehensive
plan as set out above, but it is also inconsistent, with the
quid ng principles of the Ilia: i 21 Code. Furthermore, the waiver
presents `io facts that show practical difficulties caused by the
Miami 2i regulations that would be resolved by the approval of
the requasred waiver. Therefore, the waiver serves merely to
circur►vent specific provisions of the Miami 21 Zoning Code.
Furthermore, the approval of the waiver is contrary to the
essential requiretents 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.H. South River Drive, Miami, Florida.
Please note that appellant Biscayne Towing & Salvage, Inc.
reserves its right to supplement this letter prior to the
punning zoning and appeals board consideration of this appeal.
Sir_cerely,
W,
W. Tuccpr G bs
cc: Biscayne Towing & Salvage, Inc.
Page 3 of 3
Dombrowski, Brian A. {Assoc -tylia -RE}
From- Zamora, Olga <07amora@miamigov.com>
Sent: Thursday, July 27, 2017 3:38 PM
To: Escarra, [ris (Shad-Mia-LDZ-RE); Tucker W Gibbs
Cc: Dombrowski, Brian A. (Assoc -Mia -RE); Rodriguez, Marisol (Para-folia-LDZ-RE); Gonzalez,
Luciana L.; Garcia, Francisco; Eturrey, Jessica
Subject: RE: Appeal
On June 28, 2017, Mr. Gibbs requested his appeal to be scheduled for September 28, 2017 because his client was going
to be out of town on July 27, 2417.
On the week of July 10, 2417, Hearing Boards mailed notices for this item to be heard as part of the meeting scheduled
for July 27, 2017. The mistake was caught on the afternoon of Friday, July 14, 2017 - too late to stop the advertisement
in The Miami Herald. l notified Mr. Gibbs and requested that he make his initial request of the City Commission since
notices and advertisement had already been processed for July 27, 2017 as opposed to the September 28, 2017 he had
requested.
Olga Zamora, Chief
Planning and Zoning Department, Hearing Boards Division
Direct Line - 305,416.2037
Visit us at: https://urldefense.oroofpoint.co;3;/v2Lurl?u=http-3a www.miamigov.com hearing-
5Fboards &d-Dov#GaQ&c=2s'2mvbfYOUoSK,<1, On,,II,!�rF�N4Ai]{YLe3da4HJ2oTu8G3.4QB3A,/Irkly,Rr3i5xoXQ2_SWmN'e&m-
F1QmTNw ciRbgQppYCtJ�J-OlglJQwfaml,/ms`(d4�i3X hes&s-L I6dL4nO3 kMOKGmll�i. fDc93,IoaiZ3 [lzfivF afvlEO&e=
-----Original Message ----
From: Escarral@Qtla,,v.corn mailto:Escarra �nt!a%.a com]
Sent: Thursday, July 27, 2017 3:32 PM
To: Zamora, Olga; Tucker W Gibbs
Cc: dombrowskib2gtlavv.com; rodriguezmsegtlaw_com; Gonzalez, Luciana L.
Subject: Re: Appeal
1
Olga,
Tucker has advised that the cause of the delay in the hearing because of a notice issue.
Based on the below, I was under the impression that Mr. Gibbs requested.
Could you please advise?
Thanks
Iris
2
.. ... ....
Olga Zamora, Chief
Planning and Zoning Department, Hearing Boards Division
Direct Line - 305.416.2037
Visit us at: htt s: /urldefense. roof oint.comZv21ur[?u=htt -3A www.miamigov.com hearin -
5Fboard7 &d=DwIGaQ&c=2s2mvbfYOUoSKk16 €]I9wg&r=1VE173oxrovJPKb7MbOcBm2s-
zwr81 ZYd aD16 gS&m-Naz IFPGSB4DZvfiTZDxt f56Frxf56YCld+,v6KEKg &s=gge$zCPSpPJimUl4 RCetxGfoz3CTsDk
Pa-4vCykphc&z= <htt s-1 urldefense. roof oint.corn v2 url'u=htt -3A w,-vir 'arni ov.corn hearin
5Fboards &d=DwiMFAg&c=2s2mvbfYOUo5Kkl6 019�vg&r=�JKvHc5i54ZiitQiJZkk !--kzU3rGTxf1 sBrBrQGsV4&m=YP8h
AXcl}Ns eKi EAG.. Ya95-H-d!TVQKi'JvFL3-oEe4s&s=A6%j)/S231 I-iCt )3 ,,vtv;'137as Pa7S-TPWN wULrnEudYw&e=>
If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us
immediately at nstrnaster�t'a,+r.rom, and do not use or disseminate such information.
m
w
City Commission Meering Minutss July 27, 2417
Chair Hardemon: Yeah. well, let's go (UNINTELLIGIBLE).
l4fr. Garcia: This would be 6 and 9
Chair Hardemon; So that's 8 and 9
Chair Hardemon: Okav 20:'
Afr- Garcia: Yes. sir; 2-6. Oh. sari,•. Item P7-20 is also being requesred for a
deferral I believe rite applicant is here-
Irfs Escarra. /E Good afier1rr. on- Ids Fac.arr a :i":113 r?f iees at ]_ 3 Southearrt 2r7d
AVC -r tie- l reprCsetr( the J,!Vel,)PLfr oftr e site We received un approz al in .{pril- doe
tt-ent befiore ifre PZ Roar.l in .tfr ride �i.erG scheduled here today_ it Gibbs
reprerenrs the arfY.U(trrt %I h o has rts6'eLl fist a Jelf&,•raf, and we're oka'v +lith flat,
J- e rral However- we are asking jor a Sepf,,mNr 14 --first meeting in September
date, and ,4fr- Gibbs has a d.Vj'rent data.
Tucker Gibbs: Well, I; ust want to clarify something. f was -
Vice Chair Russell Which item, please?
Mr, Gabbs: This is item 20.
Chair Hardemon: 20
Mr Gibbs: I'm renr'e•senting 13iscgvne 1 -owing. who is the neighbor. N e filed the
gt3,r at but wv ask lip- the d�jferr,tl. This is ar error made h.' the 0P.- in.
City of.iliami Page 186 Printed on 09.13: 20 17
Commissioner Caroilo: That's 8 and 9. indefinite deferral. with a direction to our
Administration to do a comprehensive study in that area to verb what zoning that
whole area should be -
Chair Hardemon: Then we have 14 and 15. What was the dates an those?
Mr. Garcia: That would be the Citi: Attorneys Office request --
Mr. Min, Right; to October, please: the October PZ meeting.
Chau Hardemon: 0&,,,.
Mr. Hannon: That'll be October 2.5-
Chair Hardemon: PZ I6.'
Wr- Garcia: That would be for the firsr meeting of the month of September, please.
Chair Hardemon: I$: 18''
Mr, Garcia- Lir. I'm sorC•- Item 14. Item 18 is the Coconut Grove Playhouse
appeal. If representatives are here. Pd love to hear from them; otherwise. I have
noted that October 26 is the desired date. by default, sir, because I do have it an m>
nares, as submitted by the applicants, October 26, please.
Chair Hardemon., October 26?
Mr- Garcia.- Yes.
Chair Hardemon: Okav 20:'
Afr- Garcia: Yes. sir; 2-6. Oh. sari,•. Item P7-20 is also being requesred for a
deferral I believe rite applicant is here-
Irfs Escarra. /E Good afier1rr. on- Ids Fac.arr a :i":113 r?f iees at ]_ 3 Southearrt 2r7d
AVC -r tie- l reprCsetr( the J,!Vel,)PLfr oftr e site We received un approz al in .{pril- doe
tt-ent befiore ifre PZ Roar.l in .tfr ride �i.erG scheduled here today_ it Gibbs
reprerenrs the arfY.U(trrt %I h o has rts6'eLl fist a Jelf&,•raf, and we're oka'v +lith flat,
J- e rral However- we are asking jor a Sepf,,mNr 14 --first meeting in September
date, and ,4fr- Gibbs has a d.Vj'rent data.
Tucker Gibbs: Well, I; ust want to clarify something. f was -
Vice Chair Russell Which item, please?
Mr, Gabbs: This is item 20.
Chair Hardemon: 20
Mr Gibbs: I'm renr'e•senting 13iscgvne 1 -owing. who is the neighbor. N e filed the
gt3,r at but wv ask lip- the d�jferr,tl. This is ar error made h.' the 0P.- in.
City of.iliami Page 186 Printed on 09.13: 20 17
City Commission MeetEnv Minutes
Chair Hardetnon: -- projjered.'
Commissioner Suar•e:: Whar was -- 12 and 15. whar was rhat tri'
.t•!r. Garcia: September 25.
Chair Hardenron: r111 right. All --
Ms_ Lscar•ra: ff l trtrrv, clar�7catfon on the one -- ort PZ20.
Chair flardemon: 281h,
.its. Cscarra: 28th oj•Septernhet,
Chair Hardeifiofi: The --So as l understated for item --is it 4 ural -5 or d and 7'
.qtr. Hannon: -t and ,7.
Jury 27, 2017
Chari• Hart lemOn: 4 anel5 1 So npicaliv. when Ive re haying ,L+rocedterai n,olions. we
don't alis;t anv discussion fotn the pubfic or ant•o■re, ever -- 1 mean. are vote a part
airtile applicant, or --
Jefvev Basic: Chairman flarderno+a, ,!-I may address You -- anti rnv neighbor TieTF
are, h, the Zoning Corte. qualit�ed tette--venurs- In the past. we have been aM, to
speak. Today. you are granting the seventh C owmission level deferral for this item
that lews part the neighborhood in distress, in uncertninry ,tot• the past eight vears.
:lft,Y we please treake aur fmr-raid-a-hal'=ntitnae present. Won to yo it
Chair flartLamon: That tneans that you won't be making your four•-and-a-half-
minrtte presentation later'
AP. Brash: I m son y'
Chair Hardelnon. You won't be rntak ng } near _lour -and -a -hall presenra -- nunatte
presentation later? II you present toot ti, are you re?ling me you won't present the
ne-rt tinge this is being heard?
.lir. Bash. We have hvo rcquesis Rant you. atter we have a lot ofinfartration for• you
rhat I thank would be important tri you. as guarelians of ourcutnmunity, the
Cott mission --
Chair flardenton: -u, but --
Air. Brash: -- here and our tan, dollars
Chari Hardemon: -- understand me. Citderstancd s,hrt I'm .saying to vou. Right
now. were moving to continue this to another derv. which means xe won't be rna,king
a decision about this. lou want to present L orrr frarrr-arlci-a-hall tuinerre presentation
lodes -V. What Pitt infiorming you of is this: Tj avoir do it tach?, l won't let you do it the
next tune this is tip So when were making our deciaion about this, the fact -- whal
oer aid o r the record is ill be ort the record, bur yore won't be rtta'titeg this
presentation again.
AIr. Bash: I'm petfectlu fine with that and --
Tice Chair Russell: Mr. Chairman.
City of Miarrti rage ms Printed ort g{,t is 10117
Dombrowski, Brian A. (Assoc -Mia -RE)
Subject: RE: CC Oct. 12 PZ.6 - Appeal of Warrant 2017-0004
From: W. Tucker Gibbs fmailto:tuckerdvAgibbs,comi
Sent: Wednesday, October 16, 2017 7:00 AM
To: Zamora, Olga
Cc: Garcia, Francisco; Escarra, Iris {Shad-Mia-LDZ-RE}; Min, Barnaby; Mendez, Victoria; City of Miami City Clerk's Office;
Suarez -Rivas, Rafael; Gonzalez, Luciana L.; Ellis, Jacqueline; Gonzalez, Silvia; Agenda Office -DI; Hannon, Todd; 'Ewan,
Nicole, Legislative Division
Subject: RE: CC Oct. 12 PZ.6 - Appeal of Warrant 2D17-0004
Hello Ms, Zamora,
I object to the rescheduling of this matter after the city clerk and city attorney (immediately after the adjournment of
the October 12, 2017 city commission meeting) confirmed that my appeal was set for November 16, 2017 pursuant to
the city code. My client is not available for the October 26, 2017 meeting. He is available for the November 16 meeting.
am concerned that opposing counsel has directed the scheduling of the hearing of my appeal without my involvement
and agreement. I explained to her that my client was not available on October 26 yet she sought and obtained this new
date from the city. And the city agreed without consulting me and my client. I immediately telephoned you upon receipt
of your email, and left you a message. I have received no response. Please calf me immediately to discuss this matter. I
will be available by telephone up to 12 norm today and look forward to speaking with you.
Sincerely,
Tucker Gibbs
W. Tucker Gibs
W. Tucker Gibbs, RA,
Attorney at Laos
P.O, Box 1050
Coconut Grove, Florida 33133
NOTICE: This e-mail is from the law office of W. Tucker Gibbs and is intended solely for the use of the individuaf(s) to
whorl itis addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-
mail from your computer and do not copy or disclose it to anyone else. If you properly received this e-mail as a client,
co -counsel or retained expert of the Office of W. Tucker Gibbs, you should maintain its contents in confidence in order to
preserve the attorney-client or work product privilege that may be available to protect confidentiality.
From: Zamora, Olga mailto:OZamora miamigov.com]
Sent: Tuesday, October 17, 2017 1:15 PM
To: W. Tucker Gibbs <t_Uc_k_er _wtgibbs.com>
Cc: Garcia, Francisco <fg3rcia @miami ov.com>; Escarral@gtlaw.com; Min, Barnaby <bmin�Zmiamigov.ccm>; Mendez,
Victoria <VNIendez@(niamigov.com>; City of Miami City Clerk's Office <Clerks@miamigov.coma; Suarez -Rivas, Rafael
<Rsuarez-RivasPmiami ov.corn>; Gonzalez, Luciana L. <I1ffnz3lez�'Mrniamic,,ov-comp; Ellis, Jacqueline
Iris V. Escarra
Shareholder
Greenberg Traurig, P.A. 1 333 S. E. 2nd Avenue i Miami, FL .33131
Tel 305.579.0737 1 Fax 305.461,5737
Escarral@gtiaw.com I &Nw.gt1aw.coM
EGreenbergTraung l
From: Mir}, Barnaby [maiPto:bmin'alrniami ov.com]
Sent: Friday, October 13, 2017 3:50 PM
To: Escarra, Iris (Shld-Mia-P-DZ-RE); Mendez, Victoria; City of Miami City Clerk's Office; Zamora, Olga
Cc: Garcia, Francisco
Subject: RE: CC Oct. 12 PZ.6 - Appeal of Warrant 2017-0044
Ms, Escarra,
While I appreciate your citation to Section 7.]..1.5(i) of Miami 21 and the emphasis you added to the word "specially", I
believe you neglected to add the emphasis correctly. The emphasis should be placed on "first available City Commission
meeting." The Office of Hearing Boards is responsible for scheduling the matters and I believe that item was properly
scheduled on the first available City Commission meeting. As to the remaining arguments you raise with respect to
Section 2-33 of the City Code, I am sure the Administration will comply with any reasonable requests that do not violate
the law.
Barnaby L. Min
Deputy City Attorney
City of Miami Office, of the City Attorney
Telephone: (305) 16-1833
Facsimile: (305} 416-181)1
Disclairner' This electronic mail os intended only for the indivsdual or entity named w=.thin the message. This elect.onic mail may contain legally pr,.gie ed
and confidential informat!on. If you properly received this electronic mail as a client or retained expert. please :Fold it in ronnffercr, to protect t€:e attor nt1-
cii:rt or tvt5rkproduct prim ? ;.
Should the intended recipient forward or disclose this message to another perscil or party. that action could constitute a
waiver of the attorney-ti:arnt pnvileg?. If the reader of this message is =. the intended recpient, or the agent responsLble to deliver it to the intended
recipient, you are hereby rwtified that any review, dissemination, dist--ibution. or copying of th_s communication is pr suited by the sender and to do so may
constitute- a violation of the E-lectronic Corn=mcat:ons Pn:,acy Am 18 L.S.C. Section Z51)-21521. I; this CcMill, rica`lcia was received in error, we apologize
for the intrusion. Please no fv Eos in= reply e•niad and delete ire original message. Nothing in this electronic mail s€call, in and of itself. create an attorney-
:fient relationship with the sender. tinder Flurida law e-mail addresses are public records. If you do not %vane your e-mail addr oss-eleased in re<:pnrse to a
public records request, do nut send ole+_u-cnic mail to fl:is entity, Instead. contact this office by phone or in writing.
Please Conside=r the emironnicni before Priming this elcetronic ma:], "~
From. EscarraI gtlaw.com [mailto:Escarral@gtla v.com]
Sent: Friday, October 13, 2017 3:30 PM
To: Mendez, Victoria <V lender^miami,ov.com>; City of Miami City Clerk's Office `Clerks@miair.i,ov.com>
Cc: Garcia, 1 ranciscof, arcia:�d)miami,oy.comp; Min, Barnaby <bmin@miamigov.ccm>
Subject: CC Oct. 12 PZ.6 - AppeaI of Warrant 2017-0004
Ms. City Attorney and Mr. City Clerk:
At the October 12, 2017, City Commission meeting, the Chairman concluded the agenda for a lack of quorum at
approximately 2:45 pm with multiple unheard items, including PZ.6, the appeal of Warrant No. 2017-0004. Miami 21
requires the appeal of the Warrant to be specially set at the next City Commission hearing, October 26, 2017.
SGreenbergTraurig
Ifou. are not an intended recipient of confidential and prig i
y leued information in this email, please delete it,
notifi- us immediately at po st master it -, Jaw. co m, and do not use or disseminate such information.
A
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
AS ADOPTED - MAY 2017
ning, Zoning and Appeals Board as agent or attorney for any other person.
e. All city departments and employees shall, under the direction of city manager and upon request
and within a reasonable time, furnish to the Planning Department such available records or in-
formation as may be required in the work of the Planning, Zoning and Appeals Board. The city
manager shaft assign a member of the Public Works Department, Planning Department, Zoning
Office, Neighborhood Enhancement Team, the Code Enforcement Department and Fire -Rescue
Department, or their successors, to attend public hearings of the Board and to advise the board
when necessary, and to furnish information, reports and recommendations upon request of the
board. The city attorney shall attend public hearings of the board to advise the board when nec-
essary and to furnish information, reports and recommendations upon request of the board.
f. The Planning, Zoning and Appeals Board or representatives of the Planning Department may,
in the performance of official duties, enter upon lands and make examinations or surveys in the
same manner as other authorized city agents or employees and shall have other powers as are
required for the performance of official functions in carrying out the purposes and responsibilities
of the board.
7.1.1.5 City Commission
The City Commission, in addition to its duties and obligations under the City Charter, the City Code,
and other applicable lata, shall have the following duties specifically in regard to the Miami 21 Code:
a. To approve, deny or approve with conditions applications for developments of regional impact
pursuant to Chapter 380, Florida Statutes,
b. To consider and act upon proposed amendments, including rezoning, to the Miami 21 Code,
after consideration of the recommendation by the Planning, Zoning and Appeals Board.
c. To consider and act upon proposed Special Area Plans, after consideration of the recommenda-
tion by the Planning, Zoning and Appeals Board.
d. To consider and act upon proposed amendments to the Comprehensive Plan which relate to the
Miami 21 Code, after consideration of the recommendation by the Planning, Zoning and appeals
Board.
e. To hear appeals of the ruling of the Planning. Zoning and Appeals Board on the appeal of a zoning
interpretation, Certificate of Use denial or revocation, planning determination of Use, Warrant,
Variance or Exception.
f. To consider and adopt ordinances, regulations and other proposals as it deems appropriate for
promoting orderly development within the areas of the city that are regulated by the Miami 21
Code.
g. To establish a schedule of fees and charges for the applications made pursuant to the Miami 21
Code.
h. To appoint members to the Planning, Zoning and Appeals Board, asset forward in this Miami 21
VI1.14
Miami, FL Code of Ordinances page 2 of 5
(4) Any member of the public shall be entitled to be scheduled on the agenda
of a regular meeting of the city commission for presentation of
information and material to be considered by the commission within the
scope of the jurisdiction of the city commission after the city manager has
communicated with the member of the public and reviewed or
investigated the member's issue, unless otherwise directed by the mayor
or a member- of the city commission. If the city manager is able to resolve
or remedy the concerns of the member of the public, the member of the
public may eiect to withdraw the request to appear before the city
commission. If the matter is not or cannot be resolved or remedied by the
city manager, then, at the will of the member of the public, the request for
appearance shall be scheduled on the next available agenda and the city
manager shall submit a report in the agenda packet detailing actions
taken to resolve or remedy the matter and administrative
recommendations.
(5) The total number of items that may be scheduled on a regular city
commission agenda shall not exceed 60 items.
(5) The lunch recess shall begin:
a. At 12:00 noon; or
b. At the conclusion of deliberations of the agenda item being
considered at 12:00 noon; or
C. At the conclusion of statements made by the person who has been
recognized to address the commission immediately prior to 12:00
noon; or
d. At any time deemed appropriate by the city commission.
(7) The city commission meetings, shall adjourn:
a. At the conclusion of deliberation of the agenda item being
considered at 10:00 p.m„ unless the time is extended by unanimous
agreement of the members of the city commission then present, or
b. At the conclusion of the regularly scheduled agenda, whichever
occurs first. This rule does not apply to city commission meetings
required for annual budget hearings.
about:blank 10/25/20 17
Miami, FL Code of Ordinances Pa -e 4 of 5
supported by memorandum setting forth the rules of action by the city commission,
shall be filed three days before the meeting and given to the mayor and each member
of the city commission,
(h) All ordinances shall be read by title only prior to passage. All resolutions shall be
briefly described upon a printed agenda, which agenda shall be furnished to the
mayor and members of the city commission at least five full business days before
each regular city commission meeting,
(i} finless further time to spew is granted by the presiding officer the city commission,
any person addressing the commission shall limit his or her address to two minutes.
(jg Unless impractical to do so, all portions of the agenda shall be scheduled to be heard
at 9:00 a.m. on the date of the city commission meeting. The agenda portion entitled
"consent agenda" shall be scheduled among the Initial items for commission
consideration. Consent agenda items that are removed from the agenda prior to city
commission consideration shall automatically be scheduled as a regular agenda item
at the next regularly scheduled meeting of the city commission, unless, by an
unanimous vote of all commissioners present, the city commission considers such
consent item as a regular item at the same meeting,
(t) Any scheduled agenda item not considered prior to the adjournment of the first
regular monthly city commission meeting shall be perfunctorily regarded as a
continued item and scheduled on the next immediate month's first regular city
commission agenda. Any scheduled agenda item not considered prior to the
adjournment of the second regular monthly city commission meeting shall be
perfunctorily regarded as a continued item and scheduled on the next immediate
month's second regular city commission agenda.
{l} Special meetings. Nothing in this section shall prohibit either the mayor, or the
commissioner designated as the presiding officer of the city commission, or three city
commissioners, upon the written notice delivered to the city clerk, from calling special
meetings at any time set by the city clerk, provided that reasonable advance notice of
same is given to the mayor, each member of the commission, city manager, city
attorney and the public. No business shall be conducted or a vote taken at a special
city commission meeting on business other than the subject(s) for which the special
meeting is called,
(m)- Any commissioner who so desires may be a signatory on city proclamations.
(n)
about:biarik- 10/25/2017
City of Jacksonville Y. Huffman, 764 So.2d 695 (2000)
25 Fla. t-. Wee kiy D 139
Planning Committee. The circuit court grantad the
Petition for grit of certiorari filed by the Huffrlans,
Greenland and Salvatore, finding that the City had
failed to afford then procedural clue process and had
departed from the essential requirements of law. based
upon inadequate notice. We qua,h the petition for the
following reasons.
First. the court ,found that Greenland and Salvatore
were denied procedural due process. because they learned
of the hearing set before the Land Use and Zoning
Committee "only by accident, too close to the hearing
date to actually prepare," and thus were not provided
notice pursuant to section 307.204(h) of the Jacksonville
Historic Preservation and Protection Ordinance. On the
contrary, the complainants never claimed that Greenland
and Salvatore did not receive adequate notice of the
hearin . In fact, Greenland and Sal4atorz receiNod actual
written notice 19 days before the hearing, as they had
expressly stated in their petition for writ of certiorari.
Second, the court found that the Huffinans were denied
procedural due process, because they did not learn of the
hearing before the Lard Use and Zoning Committee at all.
The complainants. however. never asserted this as error in
their petition, and, indeed, they appeared at such hearing*.
They expressly stated in their petition for writ of certiorari
that the Huffinans learned of the hearing five days before
it took place. ~
U1 Third. the court found that the complainants were
denied procedural due process, because they were not
provided the requisite notice of the initial public l earing
before the Historic Presorvation Commission, This
finding alone. hovre%er, could not provide [lie sole basis
for quashing the decision of the City Council, because the
complainants were provided a full opportunity to present
their objections ill their appeal of the Commission's
decision in a hearing before the Lard. G'se and Zoning
Committee. which was conducted de novo.
U2 Fourth, the court found that the City Council's act
of granting a Certificate of Approval to the proposed
project departed from the essential requirements of
law. because the City did not comply with the notice
provision of section 301.204. Section 307.304 establishes
the notice requirements for appeals before the Land Use
and Zoning Committee, so presumably the court was
referring to notice before the Committee hearing. The
court. however, made no additional findines as to whether
the complainants were prejudiced by the inadequate
notice. Although strict compliance with swiliory notice
requirements is mandatory, a contesting party's right
to assert a defect in such notice may be waived if the
party appeared at the hearing and was able to fully
and adequately. *69i present his or her objections. The
def rise of waiver will be denied only ii' the party was
unable to fuliy prepare for and present objections at
the hearing or was otherwise prejudiced by the defective
notice. See Maller v. Clav Coram, Tonin-, Corr m'at 22
So.2d ]» Fla. Ist DC.1969); Schumacher v. Town of
Af iter 643 So.2d S Fla, 4th DCA 1994. The lower
court's only statements rgardin4 prejudice were: in the two
findings discussed above. that Greenland and Salvatore
were unable to adequately prepare for the Lancs Use and
Zoning Comnlitt,-e 17earillg because they had received
notice "by accident, too close to the hearing slate," and
that the Huffmans "did not learn of the hearing at all," As
stated, the complainants did riot make zither assertion in
their petition far writ ofeertiorari.
Fifth, the circuit court rejected elle corlplainants`
claim that the City Council's act of granting the
Certificate of Approval was not supported by competent
and substantial evidence. The court found that the
complainants had ad Putted. and the record showed, that
the Land Case and Zoning Committee had considered
the documents they had subinitted at the hearing, and
that the information contained in these documents fairly
represented their objections to the building applicatiau.
The court concluded [flat it was not permitted in
a certiorari procceding to reweigll the evidence.. The
court's finding that tate documents submitted -'fairly
represented their objections to the project" renders
the entire order internally inconsistent. If the e`idence
before the Lancs Use atld Zoning Committee during the
de novo hearing fully apprised. the Committee of the
complainants' objections to tle project, and provided
competent, substantial evidence for the Certificate of
Approval, then it was inconsistent for the lower court
to conclude as well that [Ile complainants did not have
sufficient notice of the Marin; in %shish to prepare and
present evidence. y
We reject the: City's remaining issues. We GRANT the
City's petition for writ of certiorari, QUASH the circuit
court's order, and REMAND for the court to reconsider
the complainants' petition for writ of certiorari below.
r�i
y
court. however, made no additional findines as to whether
the complainants were prejudiced by the inadequate
notice. Although strict compliance with swiliory notice
requirements is mandatory, a contesting party's right
to assert a defect in such notice may be waived if the
party appeared at the hearing and was able to fully
and adequately. *69i present his or her objections. The
def rise of waiver will be denied only ii' the party was
unable to fuliy prepare for and present objections at
the hearing or was otherwise prejudiced by the defective
notice. See Maller v. Clav Coram, Tonin-, Corr m'at 22
So.2d ]» Fla. Ist DC.1969); Schumacher v. Town of
Af iter 643 So.2d S Fla, 4th DCA 1994. The lower
court's only statements rgardin4 prejudice were: in the two
findings discussed above. that Greenland and Salvatore
were unable to adequately prepare for the Lancs Use and
Zoning Comnlitt,-e 17earillg because they had received
notice "by accident, too close to the hearing slate," and
that the Huffmans "did not learn of the hearing at all," As
stated, the complainants did riot make zither assertion in
their petition far writ ofeertiorari.
Fifth, the circuit court rejected elle corlplainants`
claim that the City Council's act of granting the
Certificate of Approval was not supported by competent
and substantial evidence. The court found that the
complainants had ad Putted. and the record showed, that
the Land Case and Zoning Committee had considered
the documents they had subinitted at the hearing, and
that the information contained in these documents fairly
represented their objections to the building applicatiau.
The court concluded [flat it was not permitted in
a certiorari procceding to reweigll the evidence.. The
court's finding that tate documents submitted -'fairly
represented their objections to the project" renders
the entire order internally inconsistent. If the e`idence
before the Lancs Use atld Zoning Committee during the
de novo hearing fully apprised. the Committee of the
complainants' objections to tle project, and provided
competent, substantial evidence for the Certificate of
Approval, then it was inconsistent for the lower court
to conclude as well that [Ile complainants did not have
sufficient notice of the Marin; in %shish to prepare and
present evidence. y
We reject the: City's remaining issues. We GRANT the
City's petition for writ of certiorari, QUASH the circuit
court's order, and REMAND for the court to reconsider
the complainants' petition for writ of certiorari below.
Schumacher v. Town of Jupiter, 643 So.2d 8 (1994)
19 Fla, L. Weekly D1779
upheld. We see no need to repeat the analysis here. See
also Corn -v. Gets of'Lauderdale Lakes. 997 F.2d 1'')69 f 1 I th
Cir. 1993 , cert. denied. al 1 L S- 1018. 114 S.Q. 141it}, I28
T—Ed.?d x3119941
jJ 131 Oil the notice issue, appellant clain.s error in the
trial court's Finding that he waived the notice requirements
by his extensive knowledge of and actual a'_tendance and
participation in the relevant proceedings. The general
rule is that, while strict compliance with statutory notice
requirements is mandatary and jurisdictional, a contesting
landowner may waive the right. or be estopped, to assert
a defect in the notice if that landowner appeared at the
hearing and was ably to fully and adequately present
an,,., objections to the ordinance. ;Ifalley v. Clay County
Z,,4Lg CorrrrO!, 225 So.3d 555, 557 (Fla. lst DCA 19691.
If, however, the notice is so lacking that the landowner
was unable to fully prepare for tete hearing to voice
an objection. or where the landowner can otherwise
.. -- .. •
_
� �
Vis,
demonstrate prejudice. then courts will refuse to find a
waiver or estoppel. lel.
Here, as in Nfalle'v. the record reflects that appellant.
through counsel. had substantial and continuous
knowledge of the pending proceedings and did appear at
the final hearing on the proposed ordinance and express
his objections. As in Ualr`ey we find no error in the trial
court's holding that appellant waived any claimed defects
in the notice and was estopped from asserting such defects
as a basis for invalidating the ordinance. y
ANSTEAD. GLICKSTEI4 and STONE, JJ., concur.
All Citations
613 So. 2d 3, 19 Fla- l.._ Weekly D 1779
End of Document �t' 2017 Thomson Reuters- No claim to original U.S. Govemment lftfks