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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2508 Final Action Date: 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 AND THE DISPLAY AND SALE OF ITEMS FROM VENDING CARTS; 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, 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 Miami 21 Code, to allow an Outdoor Dining Area in a Food Service Establishment, and further issued a Waiver pursuant to Article 7, Section 7.2.8(b) of the Miami 21 Code, 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, 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 all members of the public, and found there was substantial evidence in the record to deny the appeal of Warrant No. 2017-0004 and adopted Resolution PZAB-R-17- 033, by a vote of nine to two (9-2), denying the appeal filed by the Appellant; and WHEREAS, on May 30, 2017, 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 failed 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 proposal does/does not fulfill the intent of the Miami River Corridor Urban Infill Plan for the East Little Havana neighborhood; and 2508- Legislation -SUB '� IYCFYt. Y111 0 4 Resolution City of Miami Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2508 Final Action Date: 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 AND THE DISPLAY AND SALE OF ITEMS FROM VENDING CARTS; 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, 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 Miami 21 Code, to allow an Outdoor Dining Area in a Food Service Establishment, and further issued a Waiver pursuant to Article 7, Section 7.2.8(b) of the Miami 21 Code, 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, 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 all members of the public, and found there was substantial evidence in the record to deny the appeal of Warrant No. 2017-0004 and adopted Resolution PZAB-R-17- 033, by a vote of nine to two (9-2), denying the appeal filed by the Appellant; and WHEREAS, on May 30, 2017, 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 failed 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 proposal does/does not fulfill the intent of the Miami River Corridor Urban Infill Plan for the East Little Havana neighborhood; and 2508- Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. I WHEREAS, approval ofWarrant No. 2O17-0004does/does not serve tomeet the intent ofthe KA[|NP's Port OfMiami River Sub -Element that emphasizes the economic development Of the Miami River through job creation and employment opportunities; and WHEREAS, approval of Warrant No. 2017-0004 does/does not provide access to the Miami River that is currently not provided for the adjacent residential community and the access provided will serve tOincrease the economic viability Ofthe existing waterfront industrial site; and VVHEF{EA8. in 8CCO[d8n&8 with Policy PA -3.1.5' the City ShOU|d encourage the development and expansion of the Port of Miami River Working Waterfront consistent with the FLUK88Swell 8sthe Coastal Management Element Ofthe K8{|NP; and WHEREAS, previous Certificates Of Use ("CU") for the site included general commercial, machinery manufacture, boat/pleasure craft sales, canning/preserving nffiSh/Seafood. and general business office, industrial -[nonufG[tU[|Og & processing, and printing/publishing allied industrial; and WHEREAS, Department of Planning staff found that Warrant No. 2017-0004 was consistent with the goals of the Miami 21 Code; and WHEREAS, the conditions OfWarrant No. 2O17-OOO4are that (1)the projectnnUatb8 developed consistent with the plans entitled "River Arts Complex - Warrant Submittal" as pFep8n8dbyBe[eOb|UDlBuoCh/\rChit8otune'|DC.COneietingoffiftBeD(15)p@geSd8ted September 2, 2016; (2) offsite parking Sh8|| be provided to 8CCUDlnlOd8te proposed valet service; (3) validation of sufficient offsite parking shall be provided and approved by the P|@OOiOg Director or his/her designee prior to the iGSU@Dce 0f8 building permit for this site; /4\ to assure that 8water dependent use is achieved, the [||8S8 | and K8@riD8 Operating P8[DlitS Sh8|| be approved prior to the isGU8OCe of 8 building permit for this site; /5\ the p[OpOS@| Sh@|| 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 Ofthe project tobeCOnfirnnedbytheP|@nniDgOi[eoto[Orhis/h8[d8SigDee prior to the issuance of a building permit for this site; (6) if deemed necessary by the Historic P[8S8rV8tiOO Officer, any work creating ground disturbance Sh8|| require 8 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) @ Landscape Plan prepared by a State of Florida Licensed Landscape Architect in accordance with Article S0fthe Miami 21 Code is required prior to CODStrUCtiOD; (9) the p[Op0S8| nOUSt comply with the public art reqUiF8DlHDtS pursuant to Section 2-11.15 entitled ''/\rt in Public Places" of the Miami Dade County Code of Ordinances and the Art in Public Places procedures numbered 35O;(1O)signage shall bereviewed under @ separate permit application and iSnot 8 part of this Warrant GUbOOitt8| or approval; (1 1) noise generated OD site Sh@|| COOfOrnn to Chapter 3OOfthe City Code; (12)itshall beunlawful tOplay Oroperate music boxes, jukeboxes,radiOS' nlUSiC@| instruments, or any other musical devices On Orabout the premises between the h0U[S Of 11:00 p.m. and 7:00 a.m. the fo||OxviOQ day, unless said nlUSiC devices are played Or operated in 3 closed building and the SOUDd is not audible from the outside of the building SO as to disturb the quiet, C000h}rt. Or repose of penGnOG in any dvve||iOg' hOtB|' or other type Of residence; (13) any concerns or complaints related to noise nuisance will be addressed and resolved iDlDl8diGt8|y; (14) the GUbi8Ct property ShQ|| comply with all Building Code [eOU|8ti0nS and Sh8|| not have any open Code Violations; and (15) failure to comply with the conditions herein shall [HSU|t in the revocation of Warrant NO. 2017-0004; and WHEREAS, based OO the teSh000Dy and 8Yd8DCB presented, after due DOtiC8 and an opportunity to be heard has been afforded to all parties and members of the public, there is THIS DOCUMENT IS A SUBSTITUTON TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. I substantial evidence in the record to grant/deny the appeal of Warrant No. 2017-0004; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY C{]MK8|88|{JN OF THE CITY OF MIAMI, FLORIDA: 83{tiOD 1. The [8Cita|G and findings contained in the Preamble to this R9SO|UUUO 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 eh8U be effective immediately UpOO its adoption.' APPROVED AS TO FORM AND CORRECTNESS: 7114/2017 I rri 4a6-7 n Fdd e zr, i t y t t o r e y I 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 Roso|ution, it shall become effective immediately upon override ofthe veto bythe City Commission. SUBSTITUTED Number: 2508 City Half 3500 Pan American Drive Miami, FL 33133 www.miamigov,corn/ Final ActioAate: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING/DENYINZ THE APPEAL OF WARRANT NO. 2017-0004 ISSUED PURSUANT TO ARTICL 4, TABLE 3 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CIT OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO A/NN OODS VICE ESTABLISHMENT LOCATED WITHIN A D3 ("WATEINDU RIAL") TRANSECT ZONE AND PURSUANT TO ARTICLE 6N 6. .2 OF THE MIAMI 21 CODE TO ALLOW AN OUTDOOR DINING AREAIN A WAIVER PURSUANT TO ARTICLE 7, SECTION 7.2.8(8) OF 21 CODE TO ALLOW THE ADAPTIVE USE TO A RESTAURANT USE IN AERFRONT INDUSTRIAL") TRANSECT ZONE FOR THE PROPEATED AT 125,127 A/K/A 129, AND 131 NORTHWEST SOUTH RIVER IAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 7, 2017, the Department Planning approved Warrant No. 2017- 0004 pursuant to Article 4, Table 3 of Ordinance No 3114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), tliri, ow a Food Service Establishment Use, pursuant to Article 6, Section 6.3.2 of thImil ode,to allow an Outdoor Dining Area in a Food Service Establishment, and furtheWaiver pursuant to Article 7, Section 7.2.8(b) of the Miami 21 Code, to allow an adapa building located in a D3 ("Waterfront Industrial") Transect Zone for the prope5, 127 a/k/a 129, and 131 Northwest South River Drive, Miami, Florida, with conditi WHEREAS, on April 19, 20Z, W. Tucker Gibbs, Esquire, on behalf of Biscayne Towing & Salvage, Inc. ("Appellant"), filed n appeal with the Office of Hearing Boards of Warrant No. 2017-0004; and WHEREAS, on May2017, the Miami Planning, Zoning and Appeals Board ("PZAB") considered the testimony d the evidence presented, after due notice and an opportunity to be heard was afforded to a members of the public, and adopted Resolution No. PZAB-R-17-033, by a vote of nine to tw (9-2), and found there was substantial evidence in the record to deny the appeal of Warra No. 2017-0004; and WHERE S, on May 30, 2017, the Appellant filed an appeal of the PZAB's decision to the City Com ssion with the Office of Hearing Boards; and WKEREAS, the Appellant claims that the proposed Food Service Establishment Use fails to /eet the requirements set forth in the provisions of the Port of Miami River Element of the Ci of Miami Comprehensive Neighborhood Plan ("MCNP"); and 0' WHEREAS, the Appellant claims that the proposed Food Service Establishment Use is t 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 City of Miami Legislation Resolution Number: 2508 City Half 3500 Pan American Drive Miami, FL 33133 www.miamigov,corn/ Final ActioAate: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING/DENYINZ THE APPEAL OF WARRANT NO. 2017-0004 ISSUED PURSUANT TO ARTICL 4, TABLE 3 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CIT OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO A/NN OODS VICE ESTABLISHMENT LOCATED WITHIN A D3 ("WATEINDU RIAL") TRANSECT ZONE AND PURSUANT TO ARTICLE 6N 6. .2 OF THE MIAMI 21 CODE TO ALLOW AN OUTDOOR DINING AREAIN A WAIVER PURSUANT TO ARTICLE 7, SECTION 7.2.8(8) OF 21 CODE TO ALLOW THE ADAPTIVE USE TO A RESTAURANT USE IN AERFRONT INDUSTRIAL") TRANSECT ZONE FOR THE PROPEATED AT 125,127 A/K/A 129, AND 131 NORTHWEST SOUTH RIVER IAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 7, 2017, the Department Planning approved Warrant No. 2017- 0004 pursuant to Article 4, Table 3 of Ordinance No 3114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), tliri, ow a Food Service Establishment Use, pursuant to Article 6, Section 6.3.2 of thImil ode,to allow an Outdoor Dining Area in a Food Service Establishment, and furtheWaiver pursuant to Article 7, Section 7.2.8(b) of the Miami 21 Code, to allow an adapa building located in a D3 ("Waterfront Industrial") Transect Zone for the prope5, 127 a/k/a 129, and 131 Northwest South River Drive, Miami, Florida, with conditi WHEREAS, on April 19, 20Z, W. Tucker Gibbs, Esquire, on behalf of Biscayne Towing & Salvage, Inc. ("Appellant"), filed n appeal with the Office of Hearing Boards of Warrant No. 2017-0004; and WHEREAS, on May2017, the Miami Planning, Zoning and Appeals Board ("PZAB") considered the testimony d the evidence presented, after due notice and an opportunity to be heard was afforded to a members of the public, and adopted Resolution No. PZAB-R-17-033, by a vote of nine to tw (9-2), and found there was substantial evidence in the record to deny the appeal of Warra No. 2017-0004; and WHERE S, on May 30, 2017, the Appellant filed an appeal of the PZAB's decision to the City Com ssion with the Office of Hearing Boards; and WKEREAS, the Appellant claims that the proposed Food Service Establishment Use fails to /eet the requirements set forth in the provisions of the Port of Miami River Element of the Ci of Miami Comprehensive Neighborhood Plan ("MCNP"); and 0' WHEREAS, the Appellant claims that the proposed Food Service Establishment Use is t 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 I SUBSTITUTE 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|TRESOLVED BYTHE MIAMI CITY COMMISSION {]FTHE CITY (]FMIAMI, 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. A Section 2. The appeal of Warrant No. 2017-0004 is granted/denied, Section 3. This Resolution shall bneffective immediately upon its adoptinn.` (71 rill t6 r ii N -nde + elf 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 Reso|uhon, it shall become effective immediately upon override cfthe veto bythe City Commission.