City of Miami

City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com

Meeting Agenda
Wednesday, January 31, 2018

6:30 PM

Special Meeting

Planning, Zoning and Appeals Board

Charles Garavaglia, Chair (Dist. 4)
Daniel Alexander Milian, Board Member (Mayor)
Andres Althabe, Board Member (Dist. 2)
Adam J Gersten, Board Member (Dist. 5)
Maria Beatriz Gutierrez, Board Member (Dist. 3)
Anthony Parrish, Board Member (Dist. 2)
Juvenal Pina, Board Member (Dist. 1)
Melody Torrens, Board Member (Dist. 1)
Manuel Vadillo, Board Member (Dist. 4)
Aaron Zeigler, Board Member (Dist. 5)
Chris Collins, Alternate Member (Mayor)
Vacant Position, Board Member (Dist. 3)
Planning, Zoning and Appeals Board Meeting Agenda January 31, 2018

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Article 7 of Miami 21 Code, as amended, establishes that decisions of the Planning,

Zoning and Appeals Board, whether acting on matters of appeal from the Zoning
Administrator or Director of the Planning and Zoning Department or acting in their
original jurisdiction on matters of Exceptions or Variances , are to be deemed final
unless, within fifteen (15) days of the date of the Board decision, a request for
review by the City Commission is made in the manner set out in this Article,
Section 7.1.5.

Section 62-21, "Covenants/Agreements Proffered by Applicants" of the Miami City

Code states, "The Planning, Zoning and Appeals Board is authorized to entertain
voluntary covenants/agreements proffered by applicants. However, notwithstanding
the foregoing, no applicant or applicant's representative seeking a recommendation
for approval of a permit, zoning change, or approval of a future land use plan
("FLUM") amendment to the comprehensive plan shall be permitted to argue or
represent to the Planning, Zoning and Appeals Board that the property which is the
subject of the application will be put to a specific use or uses or to exclude a use or
uses authorized by the proposed land use designation, unless the applicant has
submitted a restrictive covenant committing to such representation which has been
submitted to and approved by the Planning and Zoning Department and has
received approval as to legal form by the office of the city attorney prior to
consideration by Planning, Zoning and Appeals Board. The Planning, Zoning and
Appeals Board may recommend approval of such covenant /agreement to the City
Commission relative to its recommendation of the application. The applicant shall be
bound to the terms of the covenant and shall record it in the public records after final
acceptance by the city."

Should any person desire to appeal any decision of the Miami Planning, Zoning and
Appeals Board with respect to any matter to be considered at this meeting, that
person shall ensure that a verbatim record of the proceedings is made, including all
testimony and evidence upon which any appeal may be based (F/S 286.0105).

Section 62-17, "Proceedings of Planning, Zoning and Appeals Board."

(a) Officers and voting. The planning, zoning and appeals board shall select a
chairman and vice-chairman from among its members and may create and fill such
other offices as it may determine. All members, or the alternate member sitting in the
place of a member, shall be required to vote on matters before the planning, zoning
and appeals board, subject to the provisions of subsections (g) and (h) and
applicable state statutes. The planning and zoning director shall attend all meetings
of the board. The hearing boards section of the planning and zoning department, or
its successor, shall be the executive secretary of the planning, zoning and appeals
board.

(a) Rules of procedure. The planning, zoning and appeals board shall establish rules
of procedure necessary to its governing and the conduct of its affairs, in keeping with
the applicable provisions of state law, and the City Charter, ordinances and
resolutions. Such rules of procedure shall be available in written form to persons
appearing before the board and to the public upon request. Quasi-judicial
procedures as provided in the zoning ordinance and as required by state law shall
apply to its decisions and recommendations, including rezoning; special area plans;
exceptions; variances; and appeal decisions by the board.

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Planning, Zoning and Appeals Board Meeting Agenda January 31, 2018

(a) Meetings. The planning, zoning and appeals board shall hold at least two
regularly scheduled meetings each month, except the month of August, on days to
be determined by the board. Other regularly scheduled meetings may be set by the
board, and additional meetings may be held at the call of the chairman and at such
other times as the board may determine. Meetings that are not regularly scheduled
shall not be held without at least ten days written notice to each member and the
alternate member, provided that upon concurrence of the chairman of the planning,
zoning and appeals board and the city manager, an emergency meeting may be
called at any time and with appropriate notice.

(a) Quorum; public records. Quorum requirements are governed by the provisions of
section 2-887
<http://library.municode.com/HTML/10933/level4/PTIITHCO_CH2AD_ARTXIBOCOCO_
DIV2STCRREBOGE.html>. However, no action to recommend adoption of
amendments to the city comprehensive plan, or to recommend the amendment of
the text of the Miami 21 Code, rezoning, or special area plan, or to approve an
exception shall be taken without the concurring votes of a supermajority of board
members present. Said supermajority consists of one more member than a simple
majority. The executive secretary of the planning, zoning and appeals board shall
keep minutes of board proceedings, showing the vote of each member or alternate
member, if sitting for a member, or if absent or failing to vote under subsections (e)
and (f), indicating such fact. It shall be the responsibility of the executive secretary of
the planning, zoning and appeals board to handle all procedural activities for all
public hearings held by the board, including the preparation of minutes and official
records of such hearings. The official records of such public hearings shall be filed
with the city clerk.

(a) Status of alternate member. In the temporary absence or disability of a member,

or in an instance where a member is otherwise disqualified to sit on a particular
matter, the chairman of the planning, zoning and appeals board, or the vice-
chairman in his absence, shall designate the alternate member to sit as a board
member to obtain a full membership of 11 or, as nearly as possible, a full
membership. When so acting, the alternate member shall have full rights of
participation and voting as members; his vote shall be deemed that of a member in
reaching a decision on a matter. In instances where the alternate member is not
sitting as a member, he shall have the right to participate in board discussions and to
ask questions, but he shall have no right to vote or make motions. Where the
alternate member has been duly designated to sit as a member on a particular
matter and consideration of that matter has begun, the alternatemember shall
continue to sit as a board member through disposition of the matter; and he shall not
be replaced, should the member who was absent or unable to participate later be
present.

(a)Disqualification of members or alternate. If any member of the planning, zoning

and appeals board or the alternate member called on to sit in a particular matter
shall find that his private or personal interests are involved in the matter coming
before the board, he shall, prior to the opening of the hearing on the matter,
disqualify himself from all participation of whatsoever nature in the cause.
Alternatively, he may be disqualified by the votes of not less than six members of the
board, not including the member or alternate member about whom the question of
disqualification has been raised. No member or alternate member of the planning,
zoning and appeals board may appear before the city commission or planning,
zoning and appeals board as agent or attorney for any other person.

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Planning, Zoning and Appeals Board Meeting Agenda January 31, 2018

(a) All city departments and employees shall, under the direction of city manager and
upon request and within a reasonable time, furnish to the planning and zoning
department such available records or information as may be required in the work of
the planning, zoning and appeals board. The city manager shall assign a member of
the public works department, planning and zoning department, neighborhood
enhancement team, the code enforcement department and fire-rescue department,
or their successors, to attend public hearings of the planning, zoning and appeals
board and to advise the planning, zoning and appeals board when necessary, and to
furnish information, reports and recommendations upon their request. The city
attorney shall attend public hearings of the planning, zoning and appeals board to
advise the board when necessary and to furnish information, reports and
recommendations upon their request.

(a) The planning, zoning and appeals board or representative of the planning and
zoning 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.

LOBBYIST NOTE
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES IS REQUIRED TO
REGISTER AS A LOBBYIST WITH THE CITY CLERK PRIOR TO ENGAGING IN
LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES, OR
THE CITY COMMISSION. A COPY OF THE APPLICABLE ORDINANCE IS
AVAILABLE AT THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133.

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVAL OF MINUTES

1 Minutes Approval for the PZAB Regular Meeting of January 17, 2018

SWEARING IN OF PUBLIC

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Planning, Zoning and Appeals Board Meeting Agenda January 31, 2018

PZAB RESOLUTIONS

PZAB.1 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS

BOARD RECOMMENDING APPROVAL OR DENIAL TO THE MIAMI
File ID #2429
CITY COMMISSION OF AN ORDINANCE AMENDING ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED “DEFINITIONS
OF TERMS”, AND ARTICLE 3, SECTION 3.11, ENTITLED
"WATERFRONT SETBACKS"; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager, on behalf of
the City of Miami.
PURPOSE: This ordinance will amend Article 1, Section 1.2 entitled,
“Definitions”, and Article 3 Section 3.11 “Waterfront Standards” of the
Zoning Ordinance.
FINDING(S):
PLANNING DEPARTMENT: Recommends approval

Attachments: 2429 EXHIBIT B

PZAB.2 ITEM NOT TO BE HEARD - APPELLANT VOLUNTARILY
WITHDRAWAL OF APPEAL
File ID #3513
LOCATION: Approximately 961 NW 7 St. [Commissioner Joe Carollo –
District 3]
APPELLANT(S): Iris Escarra, Esquire on behalf of Avra Jain, abutting
property owner
APPLICANT(S): Longmore, LLC.
PURPOSE: The Appellant is appealing the issuance of Warrant File No.
2016-0094.
FINDING(S):
PLANNING DEPARTMENT: Recommends denial.

Attachments: 3513 APPEAL LETTER

3513 VOLUNTARY WITHDRAWAL OF APPEAL

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Planning, Zoning and Appeals Board Meeting Agenda January 31, 2018

PZAB.3 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS

BOARD GRANTING OR DENYING AN APPEAL OF WARRANT NO.
File ID #3514
2016-0094 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 TRANSECT
ZONE ("WATERFRONT INDUSTRIAL DISTRICT"); PURSUANT TO
ARTICLE 6, SECTION 6.3.2 OF MIAMI 21 TO ALLOW OUTSIDE
DINING; AND RELATED WAIVER PURSUANT TO ARTICLE 7,
SECTION 7.2.8(A) OF MIAMI 21 TO ALLOW A MODIFICATION TO A
NONCONFORMING SITE IMPROVEMENT; AND RELATED WAIVER
PURSUANT TO ARTICLE 7, SECTION 7.2.8(B) WAIVING THE
REQUIREMENT OF ADDITIONAL PARKING FOR AN ADAPTIVE USE
FOR THE PROPERTY; AND RELATED WAIVER PURSUANT TO
ARTICLE 4, TABLE 4 OF MIAMI 21 TO ALLOW FOR OFFSITE
PARKING FOR THE PROPERTY LOCATED AT APPROXIMATELY 961
NW 7 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION: Approximately 961 NW 7 St. [Commissioner Joe Carollo –
District 3]
APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Henry Bender
and the Spring Garden Homeowners Association
APPLICANT(S): Longmore, LLC.
PURPOSE: The Appellant is appealing the issuance of Warrant File No.
2016-0094.
FINDING(S):
PLANNING DEPARTMENT: Recommends denial.

Attachments: 3514 APPEAL LETTER

PZAB.4 PZAB ELECTIONS 2018
File ID #3584

DISCUSSION ITEM

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PLANNING, ZONING AND APPEALS BOARD

FACT SHEET
File ID: (ID # 2429)

Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS

BOARD RECOMMENDING APPROVAL OR DENIAL TO THE MIAMI
CITY COMMISSION OF AN ORDINANCE AMENDING ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED “DEFINITIONS OF
TERMS”, AND ARTICLE 3, SECTION 3.11, ENTITLED "WATERFRONT
SETBACKS"; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.

LOCATION: Citywide
APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager, on behalf of the City of Miami.
PURPOSE: This ordinance will amend Article 1, Section 1.2 entitled, “Definitions”, and Article 3
Section 3.11 “Waterfront Standards” of the Zoning Ordinance.
FINDING(S):
PLANNING DEPARTMENT: Recommends approval

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City of Miami City Hall

3500 Pan American Drive
PZAB Resolution Miami, FL 33133
www.miamigov.com

Enactment Number:

File ID: 2429 Final Action Date:

A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD

RECOMMENDING APPROVAL OR DENIAL TO THE MIAMI CITY COMMISSION OF
AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.2,
ENTITLED “DEFINITIONS OF TERMS”, AND ARTICLE 3, SECTION 3.11, ENTITLED
"WATERFRONT SETBACKS"; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the City of Miami’s (“City”) Zoning Ordinance (“Miami 21”); and

WHEREAS, the adopted 2007 Miami Parks and Public Open Space Master Plan
establishes goals and objectives for waterfronts throughout the City to be part of a linear
park system network that links different parts of the City together; and

WHEREAS, publicly accessible linear parkways along waterfronts provide for a safe
off-street network of pedestrian and bicycle paths for alternative transportation needs
throughout the City; and

WHEREAS, the City wishes to increase public access between Biscayne Bay and
the East-West Trail via the Miami River, the Underline, the Ludlum Trail, and the various
canals and lagoons in between; and

WHEREAS, the City also wishes to increase public access between Biscayne Bay
and the Little River and the various canals and lagoons in between; and

WHEREAS, such increased access will provide interconnectedness and mobility

opportunities from surrounding recreation spaces; and

WHEREAS, Waterfronts beyond the Miami River and Biscayne Bay such as canals
and lagoons can operate as secondary water retention systems receiving stormwater from
neighborhoods; and

WHEREAS, Waterfronts beyond the Miami River and Biscayne Bay such as canals
and lagoons can store excess water or move excess water to the regional flood control
system managed by the South Florida Water Management District; and

WHEREAS, living shorelines and coastal structures along waterways and

waterbodies can provide opportunities for future sea level rise mitigation strategies to
accommodate increased water level demands into the City’s existing system; and

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WHEREAS, it has been identified that additional clarification should be provided to

the applicable boundaries and standards associated with the term “waterfront” as used in
Article 3, Section 3.11, entitled “Waterfront Standards” of Miami 21; and

WHEREAS, it has been determined that amending Article 1, Section 1.2, entitled
“Definitions”, and Article 3, Section 3.11, entitled “Waterfront Standards”, is needed to
promote appropriate standards for various waterways within the City; and

WHEREAS, this amendment will clarify standards applied to Biscayne Bay, the
Miami River, and other smaller Waterbodies throughout the City as identified within Exhibit
B; and

WHEREAS, upon adoption of this ordinance, the Planning Department will continue
to study enhancements to Waterfront Design Standards to be applied to properties along all
Waterfronts; and

WHEREAS, the Miami Waterfront Advisory Board, at its meeting on May 31, 2017,
recommended by unanimous vote approval of the Waterfront Setback language as presented
herein with recommended additions from the Miami River Commission;

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. Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
Florida, should be amended by making modifications to Article 1 and Article 3 in the
following particulars:i

“* * *

ARTICLE 1. DEFINITIONS

* * *

1.2 DEFINITIONS OF TERMS

* * *
Frontage: The area between a Building Façade and the vehicular lanes of a Thoroughfare,
Mean High waterline of a Waterfront, or the pavement of a Pedestrian Passage Frontage Line of
a Civic Space Type.

* * *
Waterbody: Any body of water separated by a salinity dam from Biscayne Bay including, but not
limited to, Comfort Canal, Little River, Blue Lagoon, and the like. Properties along a Waterbody
have been depicted on the Waterfront Properties Map within Appendix B.

Waterfront: The area of a property that fronts a Waterway or Waterbody and is improved to
preserve the City’s natural shoreline and to guarantee open space along the water’s edge.

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Waterway: Biscayne Bay and any body of water navigable to Biscayne Bay; Miami River and its
tributaries from Biscayne Bay to salinity dams or termini, whichever comes first; and the Little
River from Biscayne Bay to the salinity dam. Properties along a Waterway have been depicted
on the Waterfront Properties Map within Appendix B.

* * *

ARTICLE 3. GENERAL TO ZONES

* * *

SECTION 3.11 WATERFRONT STANDARDS

* * *

In addition to the Miami City Charter requirements, the following Setback, walkways and
Wwaterfront standards shall apply to all Wwaterfront properties within the City of Miami,
except as modifications to these standards for all Wwaterfront 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 Ffor properties fronting a Waterway, the Setback shall be a

minimum of fifty (50) feet measured from the mean high water line provided along
any Wwaterfront, 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 where 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 D3 Transect
Zones facilities may span across man-made slips with a Structure to conduct
marine-related commercial and industrial activities.

2. For properties fronting a Waterbody, the Setback shall be a minimum of twenty-

five (25) feet measured from the mean high water line provided along any
Waterfront, except where the depth of the Lot is less than one-hundred (100) 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 where 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.

2. 3. Side Setbacks shall be equal in aggregate to at least twenty-five percent (25%) of

the water Ffrontage of each Lot based on average Lot Width, to allow View
Corridors open from ground to sky and to allow public access to the Wwaterfront;
except for T3, T4-R, D1, D2 and D3 Transect Zones.

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b. Waterfront Walkways Design Standards:

1. Waterfront walkways shall be designed and constructed within the Wwaterfront

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 6am through 10pm. 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. Properties along a Waterbody
may be provided additional flexibility in Waterfront Walkway Design Standards by
process of Waiver with referral to the Planning Department.

2. Waterfront walkways shall feel public, meet all Americans with Disabilities Act
(A.D.A.) requirements throughout the entire length of the Wwaterfront 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 circulation along the water’s edge.

4. The Wwaterfront walkway surface shall remain at a constant elevation and be

accessible to handicapped persons throughout the entire length of the
Wwaterfront 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 Wwaterfront walkway shall be a minimum of twenty-five (25)

feet. Properties requiring Waterfront Setbacks less than twenty-five (25) feet may
reduce Waterfront Walkway Design Standards by process of Waiver. All
Waterfront walkways shall be built to the standards and guidelines outlined within
the Miami River Greenway Regulatory Design Standards, Miami River Greenway
Action Plan, and Waterfront Design Guidelines, Appendix B of this Code., and
built to the standards and guidelines outlined in Waterfront Design Guidelines, on
Appendix B.

* * * ”

Section 3. This Resolution shall be effective immediately upon its adoption.

___________
Francisco Garcia, Director Execution Date
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )

Personally appeared before me, the undersigned authority, _____________, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.

SWORN AND SUBSCRIBED BEFORE ME THIS ____ DAY OF _____________, 201_.

_
Print Notary Name Notary Public State of Florida

Personally know or Produced I.D. My Commission Expires:

Type and number of I.D. produced

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Did take an oath or Did not take an oath

iWords and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.

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Waterways & Waterbodies

with Waterfront Properties

Attachment: 2429 EXHIBIT B (2429 : Zoning Text Amend - Waterfront Setback Standards)
Legend
City Boundary ¯
Waterbodies (non-navigable)
Waterways (navigable)
PropertiesOnWaterways
Properties on Waterbodies
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PLANNING, ZONING AND APPEALS BOARD

FACT SHEET
File ID: (ID # 3513)

Title: ITEM NOT TO BE HEARD - APPELLANT VOLUNTARILY WITHDRAWAL

OF APPEAL

LOCATION: Approximately 961 NW 7 St. [Commissioner Joe Carollo – District 3]

APPELLANT(S): Iris Escarra, Esquire on behalf of Avra Jain, abutting property owner
APPLICANT(S): Longmore, LLC.
PURPOSE: The Appellant is appealing the issuance of Warrant File No. 2016-0094.
FINDING(S):
PLANNING DEPARTMENT: Recommends denial.

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City of Miami City Hall

3500 Pan American Drive
PZAB Resolution Miami, FL 33133
www.miamigov.com

Enactment Number:

File ID: 3513 Final Action Date:

ITEM NOT TO BE HEARD - APPELLANT VOLUNTARILY WITHDRAWAL OF

APPEAL

WHEREAS, on December 14, 2017, the Planning Department approved Warrant

No. 2017-0094 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 located within a D3 Transect Zone; a Warrant pursuant to Article
6, Section 6.3.2, for outdoor dining areas and the display and sale of items from vending
carts. In this case only outdoor dining is proposed there are not vending carts; a Waiver
pursuant to Article 7, Section 7.2.8(a) to make site improvements which increases the
nonconformity; a Waiver pursuant to Article 7, Section 7.2.8(b) which states that the
restoration or rehabilitation of an existing Building or Adaptive Use to any permitted Use
in the Transect Zone shall not require the provision of additional parking or on-site storm
water retention or detention except to the extent required by applicable state or federal
law; and a Waiver pursuant to Article 4, Table 4 which states that parking may be
provided by ownership or lease offsite within 1,000 feet and in Transect Zone D by
process of Waiver; and

WHEREAS, on December 29, 2017, Iris Escarra, Esquire, on behalf of 555 SRD,
555 River Dr., 555 River Partner, LLC (“Appellant”) filed an appeal with the Office of
Hearing Boards of Warrant No. 2016-0094; and

WHEREAS, the Appellant states that the proposed Food Service Establishment
Use is inconsistent with City of Miami Comprehensive Plan (“MCNP”) because the
approved Warrant Permit was issued within consideration of the neighboring property
appropriate access from a platted right-of-way; and

WHEREAS, the Appellant states that Warrant is inconsistent with the guiding
principles of Miami 21 because the Code requires property access from Secondary
Frontages and the applicant’s Warrant approval may restricts the appellant’s access
from the right-of-way to the appellant’s property; and

Whereas, the Appellant states that the Warrant violates 555 reversionary rights
and interest to NW 7 Street; and

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WHEREAS, Longmore, LLC the “Applicant” proposes to establish and operate a

food service establishment with marine services including an outdoor dining area for
a new restaurant at “Anchor Marine” located within a D3 Waterfront Industrial
Transect Zone; and

WHEREAS, the subject property contains two existing buildings labeled as “A”
and “B” with a combined total of 11,205 sq. ft. of floor are; and

WHEREAS, the Applicant proposes interior renovations to convert Building A to a

full service restaurant and Building B will contain marine services with six boat slips
operating on the site; and

WHEREAS, the proposed Adaptive Use will occupy the existing 7,509 sq. ft.
commercial building (Building A) on the west side of the property with the proposed food
service establishment and the 3,696 sq. ft. (Building B) two-story commercial building
on the east side of the property with marine storage on the first floor and the marine
charter office on the second floor; and

WHEREAS, Appendix PA-1 of the Miami Comprehensive Neighborhood Plan

(MCNP) categorize the properties along the river into groups “A” or “B” and the property
at 961 NW 7 Street is categorized as “A”, which allows the City to amend the MCNP for
the designation on the FLUM for the property through the Large-Scale Amendment
process. Category B does not allow amendments to the FLU designation. The MCNP
recognizes that there needs to be some flexibility in the use of properties in the “A”
category; and

WHEREAS, the proposed marine use on the first floor of the 3,696 sq. ft. two-story
commercial building will operate as a marine storage area for short term storage of
charter patrons personal belongings while out on their chartered vessels; and

WHEREAS, the proposed marine use on the second floor of the two-story
commercial building will operate as a commercial yacht charter service offering luxury
yacht rentals and will provide six boat slips to accommodate shuttle boat transportation
to their chartered vessels and to receive fresh seafood deliveries for the proposed
restaurant use; and

WHEREAS, there will be a dedicated boat slip for use by local law enforcement
agencies at their discretion which will identified by a sign “reserved for law enforcement”
as per the requirements stated in the revocable license agreement for the public ROW
site, this will provide additional oversite of the proposed uses; and

WHEREAS, the Applicant proposes additional improvements to extend the public

sidewalk fronting the subject property on the east turning south to create a continuous
public access, and in concert with the Public Works Department to redevelop the
abandoned boat ramp at the south side of the subject property to incorporate
landscaping to enhance the experience and public use of the riverfront; and

City of Miami Page 3 of 7 File ID: 3513 (Revision: ) Printed On: 1/26/2018

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WHEREAS, the proposed marine uses on the site are allowed by right pursuant to
Article 4, Table 3 and as defined in Article 1 of the Miami 21 Code as Marine Related
Commercial Establishment and Marine Related Industrial Establishment; and

WHEREAS, the proposed outdoor dining area consists of 230 seats with148 seats
with 39 tables under covered roof, 30 seats at the bar under covered roof, and 52 seats
with 13 tables in open air on the 2,321 sq. ft. deck; and

WHEREAS, the proposed location for the outdoor dining area will be within private
property and has been designed effectively not to disrupt the safe flow of pedestrians on
the pedestrian walkway; and

WHEREAS, Pursuant to Article 7, Section 7.2.8(b) which states that the

restoration or rehabilitation of an existing Building or adaptive Use to any permitted Use
in the Transect Zone shall not require the provision of additional parking or on-site,
currently the site has three parking spaces. However, to alleviate potential parking
issues, pursuant to Article 4, Table 4 the Applicant has applied for a waiver to provide
by lease 11 offsite parking spaces within 1,000 from the subject property.

WHEREAS, Pursuant to Article 4, Table 12, the proposal substantially complies

with the design review criteria of the Miami 21 Code by the Adaptive Use of existing
Structures as the Applicant’s architect employs design elements that articulate the
principle building with architectural style, detail, and colors that enhance the surrounding
area; and

WHEREAS, the site promotes pedestrian interaction with the introduction of a

waterfront walkway connection from the public right-of-way meeting Article 3, Section
3.11.b.1 requirement which also includes the integration of hardscape improvements
adding 8 new parking spaces complemented by landscape enhancements to site, the
parking area, and the abandoned boat ramp area; and

WHEREAS, the Applicant provided a letter of intent dated January 12, 2017 from
Global Parking Services offering valet service at the properties addressed as 1000,
1020, 1030 NW 7 Street, and on September 1, 2017 the Planning Department received
an agreement for valet parking services between Longmore, LLC and Global Parking
Services, Inc.; and

WHEREAS, the Applicant has entered a Revocable License Agreement (The

License) with the City of Miami through the Department of Real Estate and
Management (DREAM) to utilize City property located approximately at 971 NW 7
Street to serve as valet drop-off and pick-up area and provide some patron’s parking,
Sheet A-102; and

WHEREAS, the License proposes to allow the Applicant use of approximately

12,632 square feet of City land at an annual fee of $5,000 or at a fee determined by the
City Commission. The Revocable License Agreement requires approval of Miami City

City of Miami Page 4 of 7 File ID: 3513 (Revision: ) Printed On: 1/26/2018

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Commission, which upon approval of the Warrant Permit, DREAM will submit before the
Commission for action; and

WHEREAS, in the updated letter of intent on May 24, 2017, that the Applicant commits
to providing one boat slip to remain available for commercial fishing vessels; to install
sound control systems to contain loud music and prevent sound from projecting beyond
the property; and to music will be played after 11:00 p.m.; and

WHEREAS, on October 10, 2017, the Waterfront Advisory Board voted 3 to 2 to

recommend approval of the proposed restaurant with outside dining with the condition
that the Warrant Permit to allow the Food Services Establishment is approved by the
Planning Department; and

WHEREAS, Pursuant to Article 7, Section 7.1.2.4 (d) of the Miami 21 Code, the
City of Miami Zoning Ordinance, and the application has been reviewed and found
sufficient; and

WHEREAS, Planning Department staff found that Warrant No. 2016-0094 was
consistent with the goals of the Miami 21 Code; and

WHEREAS, the Planning Department also provided the set of conditions, as amended,
provided in Section 3 below.

WHEREAS, the conditions of Warrant No. 2016-0094 are:

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.
2016-0094;

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. 2016-0094, with conditions, is denied.

Section 3. Section 3. The following conditions, must be complied within the 24

months of the approval:
1. 1 The proposed outdoor dining shall be in accordance with the plans entitled
“Anchor Marine” as prepared by Form Group consisting of ten pages dated June
13, 2016 signed and sealed on May 2, 2017.

2. Extension of the public sidewalk fronting the subject property on the east turning
south to create a continuous public access as shown on Sheet A-102 of the

City of Miami Page 5 of 7 File ID: 3513 (Revision: ) Printed On: 1/26/2018

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plans entitled “Anchor Marine” as prepared by Form Group consisting of ten

pages dated June 13, 2016 signed and sealed on May 2, 2017.

3. In cooperation with Public Works Department, the redevelopment of the

abandoned boat ramp at the south side of the subject property is required. The
applicant must incorporate landscaping to enhance the experience and public
use of the riverfront as shown on Sheet A-102 of the plans entitled “Anchor
Marine” as prepared by Form Group consisting of ten pages dated June 13, 2016
signed and sealed on May 2, 2017.

4. The applicant must obtain approval of the Revocable License Agreement by

Miami’s City Commission.

5. Landscaping shall be reviewed and approved by the Planning Department and

any other applicable City agency.

6. A minimum of one boat slip must remain available for commercial fishing vessels.

7. A minimum of one boat slip must remain available and clearly designated for law
enforcement “City Marine Patrol” vessels.

8. Signage is not a part of this Warrant application and shall be reviewed under a
separate permit application.

9. Any noise generated on site shall conform to Chapter 36 of the City Code noise
regulation.

10. 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 an enclosed 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.

11. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.

12. Failure to comply with the conditions herein shall result in the revocation of this Warrant.

___________
Francisco Garcia, Director Execution Date
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )

Personally appeared before me, the undersigned authority, _____________, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.

SWORN AND SUBSCRIBED BEFORE ME THIS ____ DAY OF _____________, 201_.

City of Miami Page 6 of 7 File ID: 3513 (Revision: ) Printed On: 1/26/2018

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_
Print Notary Name Notary Public State of Florida

Personally know or Produced I.D. My Commission Expires:

Type and number of I.D. produced
Did take an oath or Did not take an oath

City of Miami Page 7 of 7 File ID: 3513 (Revision: ) Printed On: 1/26/2018

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Attachment: 3513 APPEAL LETTER (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
 6.2.a

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Attachment: 3513 APPEAL LETTER (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
 6.2.a

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Attachment: 3513 APPEAL LETTER (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
 6.2.a

public hearing notification packages: lists of property owners within a specific radius + radius maps + mailing labels
mailouts + site posting
rdrmiami.com | diana@rdrmiami.com | 305.498.1614

December 30, 2017

Attachment: 3513 APPEAL LETTER (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
CITY OF MIAMI

Re: Property Owners Adjacent to:

961 NW 7 Street, Miami, FL 33136
971 NW 7 Street, Miami, FL 33136

Total number of labels without repetition: 7, including the subject properties + 11 NET

I certify that the attached ownership list, map and mailing labels are a complete and accurate
representation of the real estate property and abutting property owners to the subject property listed
above, including those across a street or alley. This information reflects the most current records on file
in the Miami-Dade County Tax Assessor’s Office.

Sincerely,

Signature

Diana B. Rio | rdr miami | rio development resources

Name or Company Name

305.498.1614
Telephone

diana@rdrmiami.com
E-mail

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NEIGHBORHOOD ASSOCIATIONS
LITTLE HAVANA NET
Contact Contact Name Location Phone Email

Attachment: 3513 APPEAL LETTER (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
District 3 The Honorable Joe Carollo 3500 Pan American Dr. (305) 250-5380 fcarollo@miamigov.com
Miami, Fl 33133
Little Havana NET Office Antonio "Tony" Wagner, Administrator 1300 SW 12 AVE (305) 960-4650 awagner@miamigov.com
Miami, FL 33129
City of Miami,Planning Department Warrant Coordinator 444 SW 2 Ave 3rd floor (305) 416-1473 rafaelrodriguez@miamigov.com
Miami, Fl 33130
Dade Heritage Trust Christine Rupp, Executive Director 190 SE 12th Terrace (305) 358-9572 chris@dadeheritagetrust.org
Miami, FL 33131
Flagler 39 Association Inc. Manuel Castineira, Vice President 3915 W. Flagler ST (305) 799-7375 N/A
Miami, FL 33134
Spring Garden Civic Association Eileen Marcial Broton-President 951 NW 10th Ct (305) 324-8477 eileen.broton@bellsouth.net
Miami, FL 33136
Miami Roads Neighborhood Civic Katie Gant, President PO BOX 453231 (504) 214-6464 theroadsmiami@gmail.com
Association Miami, FL 33245 (305) 243-3913 Fax
Historic Roads Neighborhood Association Grace Solares, President 60 SW 30th Road (305) 798-9568 gachysolares@aol.com
Miami, FL 33129 (305) 372-5977 Fax
Spring Garden Civic Association Ernie Martin 1000 NW North River Drive # (305) 325-8730 ernestmartin2244@gmail.com
114 Miami, FL 33136
Miami River Marine Group Bruce Brown 3033 NW North River Drive (305) 637-7977 markbailey@miamirivermarinegroup.org
Miami, FL 33142
Miami River Commission Brett Bibeau 1407 NW 7th Street, # 2 (305) 644-0544 brettbibeau@miamirivercommission.org
Miami, FL 33125
Updated on 12/5/17

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LIST OF ABUTTING PROPERTY OWNERS

LEGAL DESCRIPTION, SITE ADDRESS, FOLIO NUMBER NAME, MAILING ADDRESS

SEARLES RESUB PB 9-151 LOTS 12 & 13 LESS ST OR 16213-0214 0793 6 COC 22653-1167 1000 1030 NW 7 ST LLC
22794-1846 0904 2 3211 PONCE DE LEON BLVD
1000 NW 7TH ST CORAL GABLES, FL 33134

Attachment: 3513 APPEAL LETTER (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
Miami, FL 33136
0141020150100

RIVERVIEW PB 5-43 LOT 13 & RIPARIAN RIGHTS BLK C COC 25201-2513 12 2006 6 (4) 555 SRD LLC 555 RIVER DR LLC 555 RIVER PARTNERS LLC
555 NW SOUTH RIVER DR 7272 NE 6 CT 10
Miami, FL 33136 MIAMI, FL 33138
0141380030180

RIVERVIEW WATERFRONTS A RE SUB LOT 8 M PB 30-41 COC 25201-2513 12 2006 6 (4) 555 SRD LLC 555 RIVER DR LLC 555 RIVER PARTNERS LLC
661 NW SOUTH RIVER DR 7272 NE 6 CT 10
Miami, FL 33136 MIAMI, FL 33138
0141380040090

RIVERVIEW WATERFRONTS A RE SUB LOT 7 M PB 30-41 COC 25201-2513 12 2006 6 (4) 555 SRD LLC 555 RIVER DR LLC 555 RIVER PARTNERS LLC
663 NW SOUTH RIVER DR 7272 NE 6 CT 10
Miami, FL 33136 MIAMI, FL 33138
0141380040080

RIVERVIEW WATERFRONTS A RESUB PB 30-41 LOTS 1M THRU 6M OR 16002-4520 0793 1 ANDMAR ENTERPRISES INC
600 NW S RIVER DR 1450 MADRUGA AVE STE 209
Miami, FL 33136 CORAL GABLES, FL 33146
0141380040020

53 41 35 .29 AC PART OF NW 7 ST PER LEASE AGREEMENT BETWEEN CITY OF MIAMI & CITY OF MIAMI-ANCHOR MAR ASSET MANAGEMENT DIVISION
ANCHOR MARINE OF MIAMI 444 SW 2 AVE STE #325
971 NW 7TH ST MIAMI, FL 33130
Miami, FL 33136
0131350000020

COMMERCIAL RIVERSIDE PB 20-64 LOTS 27 & 28 & PART OF S1/2 OF SE 1/4 OF SE1/4 S OF JACOB 1535 PROPERTIES INC BH NATAN LLC
RIVER & UNNUM TR BLK 2 OR 10335-828 0379 1 3510 PINE TREE DR
961 NW 7TH ST MIAMI BEACH, FL 33140
Miami, FL 33136
0131350310020

2 54 41 PB 3-94 LAWRENCE ESTATE EAST ADDN LOT 1 LESS TRIANGULAR PARCEL IN NE JORGE A PEREIRO &W ANA M
COR & LOT 2 501 MALAGA AVE
631 NW 10TH AVE CORAL GABLES, FL 33134
Miami, FL 33136
0141020020010

35 53 41 6.31 AC M/L SPORTSMANS PARK PB 50-81 TRACT A LOT SIZE 274864 SQUARE RAD MIAMI RIVER PHASE I LLC
FEET OR 16213-0214 0793 6 COC 22224-3866 04 2004 1 2020 NW 89 PL
1001 NW 7 ST MIAMI, FL 33172-2618
Miami, FL 33136
0131350290010

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District 3
The Honorable Joe Carollo
3500 Pan American Dr.
Miami, FL 33133
Dade Heritage Trust
Christine Rupp, Executive Director
190 SE 12th Terrace
Miami, FL 33131
Miami Roads Neighborhood Civic Association
Katie Gant, President
PO BOX 453231
Miami, FL 33245
Miami River Marine Group
Bruce Brown
3033 NW North River Drive
Miami, FL 33142
Little Havana NET Office
Antonio "Tony" Wagner, Administrator
1300 SW 12 AVE
Miami, FL 33129
Flagler 39 Association Inc.
Manuel Castineira, Vice President
3915 W. Flagler ST
Miami, FL 33134
Historic Roads Neighborhood Association
Grace Solares, President
60 SW 30th Road
Miami, FL 33129
Miami River Commission
Brett Bibeau
1407 NW 7th Street, #2
Miami, FL 33125
6.2.a
City of Miami,
Planning Department
Warrant Coordinator
444 SW 2 Ave 3rd floor
Miami, FL 33130
Spring Garden Civic Association
Eileen Marcial Broton-President
951 NW 10th Ct
Miami, FL 33136
Attachment: 3513 APPEAL LETTER (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
Spring Garden Civic Association
Ernie Martin
1000 NW North River Drive #114
Miami, FL 33136
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public hearing notification packages: lists of property owners within a specific radius + radius maps + mailing labels
mailouts + site posting
rdrmiami.com | diana@rdrmiami.com | 305.498.1614

MAP OF ABUTTING PROPERTY OWNERS

Attachment: 3513 APPEAL LETTER (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
961 NW 7 Street, Miami, FL 33136
971 NW 7 Street, Miami, FL 33136

Packet Pg. 28
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555 SRD LLC

RAD MIAMI RIVER PHASE I LLC 1000 1030 NW 7 ST LLC 555 RIVER DR LLC
2020 NW 89 PL 3211 PONCE DE LEON BLVD 555 RIVER PARTNERS LLC
MIAMI, FL 33172-2618 CORAL GABLES, FL 33134 7272 NE 6 CT 10
MIAMI, FL 33138

CITY OF MIAMI-ANCHOR MAR JACOB 1535 PROPERTIES INC

ANDMAR ENTERPRISES INC
ASSET MANAGEMENT DIVISION BH NATAN LLC
1450 MADRUGA AVE STE 209
444 SW 2 AVE STE #325 3510 PINE TREE DR
CORAL GABLES, FL 33146
MIAMI, FL 33130 MIAMI BEACH, FL 33140

Attachment: 3513 APPEAL LETTER (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
JORGE A PEREIRO &W ANA M
501 MALAGA AVE
CORAL GABLES, FL 33134

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Attachment: 3513 APPEAL LETTER (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
 6.2.b

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Attachment: 3513 VOLUNTARY WITHDRAWAL OF APPEAL (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
 6.2.b

Packet Pg. 32
Attachment: 3513 VOLUNTARY WITHDRAWAL OF APPEAL (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
 6.2.b

Packet Pg. 33
Attachment: 3513 VOLUNTARY WITHDRAWAL OF APPEAL (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
 25

10
’

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10
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7272 NE 6TH CT
MIAMI, FL 33138

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10
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6.2.b

Attachment: 3513 VOLUNTARY WITHDRAWAL OF APPEAL (3513 : Warrant Appeal 961 NW 7 St by Iris Escarra)
 6.3

PLANNING, ZONING AND APPEALS BOARD

FACT SHEET
File ID: (ID # 3514)

Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS

BOARD GRANTING OR DENYING AN APPEAL OF WARRANT NO.
2016-0094 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 TRANSECT
ZONE ("WATERFRONT INDUSTRIAL DISTRICT"); PURSUANT TO
ARTICLE 6, SECTION 6.3.2 OF MIAMI 21 TO ALLOW OUTSIDE DINING;
AND RELATED WAIVER PURSUANT TO ARTICLE 7, SECTION 7.2.8(A)
OF MIAMI 21 TO ALLOW A MODIFICATION TO A NONCONFORMING
SITE IMPROVEMENT; AND RELATED WAIVER PURSUANT TO
ARTICLE 7, SECTION 7.2.8(B) WAIVING THE REQUIREMENT OF
ADDITIONAL PARKING FOR AN ADAPTIVE USE FOR THE
PROPERTY; AND RELATED WAIVER PURSUANT TO ARTICLE 4,
TABLE 4 OF MIAMI 21 TO ALLOW FOR OFFSITE PARKING FOR THE
PROPERTY LOCATED AT APPROXIMATELY 961 NW 7 STREET,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

LOCATION: Approximately 961 NW 7 St. [Commissioner Joe Carollo – District 3]

APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Henry Bender and the Spring Garden
Homeowners Association
APPLICANT(S): Longmore, LLC.
PURPOSE: The Appellant is appealing the issuance of Warrant File No. 2016-0094.
FINDING(S):
PLANNING DEPARTMENT: Recommends denial.

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City of Miami City Hall

3500 Pan American Drive
PZAB Resolution Miami, FL 33133
www.miamigov.com

Enactment Number:

File ID: 3514 Final Action Date:

A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD

GRANTING OR DENYING AN APPEAL OF WARRANT NO. 2016-0094 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 TRANSECT
ZONE ("WATERFRONT INDUSTRIAL DISTRICT"); PURSUANT TO ARTICLE 6,
SECTION 6.3.2 OF MIAMI 21 TO ALLOW OUTSIDE DINING; AND RELATED
WAIVER PURSUANT TO ARTICLE 7, SECTION 7.2.8(A) OF MIAMI 21 TO ALLOW A
MODIFICATION TO A NONCONFORMING SITE IMPROVEMENT; AND RELATED
WAIVER PURSUANT TO ARTICLE 7, SECTION 7.2.8(B) WAIVING THE
REQUIREMENT OF ADDITIONAL PARKING FOR AN ADAPTIVE USE FOR THE
PROPERTY; AND RELATED WAIVER PURSUANT TO ARTICLE 4, TABLE 4 OF
MIAMI 21 TO ALLOW FOR OFFSITE PARKING FOR THE PROPERTY LOCATED AT
APPROXIMATELY 961 NW 7 STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.

WHEREAS, on December 14, 2017, the Planning Department approved Warrant No.
2017-0094 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 located within a D3 Transect Zone (“Waterfront Industrial District”); pursuant to
Article 6, Section 6.3.2 of the Miami 21 Code to allow outdoor dining; a related Waiver pursuant
to Article 7, Section 7.2.8(a) of the Miami 21 Code to allow a modification to a nonconforming
site improvement; a related Waiver pursuant to Article 7, Section 7.2.8(b) of the Miami 21 Code
waiving the requirement of additional parking for an adaptive use; and a Waiver pursuant to
Article 4, Table 4 of the Miami 21 Code to allow for offsite parking; and

WHEREAS, on December 29, 2017, W. Tucker Gibbs, Esquire, on behalf of Henry

Bender and the Spring Garden Homeowners Association (“Appellant”), filed an appeal with the
Office of Hearing Boards of Warrant No. 2016-0094; and

WHEREAS, the Appellant states that the proposed Food Service Establishment is
contrary to the some provisions of the Port of Miami River Element of the City of Miami’s
Comprehensive Plan (“MCNP”); and

WHEREAS, the Appellant states that the Warrant is inconsistent with the guiding
principles of the Miami 21 Code; and

WHEREAS, Longmore, LLC (“Applicant”) proposes to establish and operate a Food

Service Establishment with marine services including an outdoor dining area for a new

City of Miami Page 2 of 6 File ID: 3514 (Revision: ) Printed On: 1/26/2018

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restaurant at “Anchor Marine” located within a D3 Transect Zone (“Waterfront Industrial

District”); and

WHEREAS, the subject property contains two (2) existing buildings” with a combined
total of 11,205 square feet of floor area; and

WHEREAS, the Applicant proposes interior renovations to convert one (1) of the
buildings to a full service restaurant and the second building will contain marine services with six
(6) boat slips; and

WHEREAS, the proposed Adaptive Use will occupy the existing 7,509 square foot
commercial building on the west side of the property with the proposed Food Service
Establishment and the 3,696 square foot two-story commercial building on the east side of the
property will have marine storage on the first floor and a marine charter office on the second
floor; and

WHEREAS, Appendix PA-1 of the MCNP categorize the properties along the river into
groups “A” or “B” and the property at 961 NW 7 Street is categorized as “A”, which allows the
City to amend the MCNP for the designation on the Future Land Use Map (“FLUM”) for the
property through the Large-Scale Amendment process because there needs to be some
flexibility in the use of properties in the “A” category; and

WHEREAS, the proposed marine use on the first floor of the 3,696 square foot two-story
commercial building will operate as a marine storage area for short term storage of charter
patrons personal belongings while out on their chartered vessels; and

WHEREAS, the proposed marine use on the second floor of the two-story commercial
building will operate as a commercial yacht charter service offering luxury yacht rentals and will
provide six (6) boat slips to accommodate shuttle boat transportation to their chartered vessels
and to receive fresh seafood deliveries for the proposed Food Service Establishment; and

WHEREAS, there will be a dedicated boat slip for use by local law enforcement
agencies at their discretion which will be identified by a sign “Reserved for Law Enforcement”
pursuant to the requirements stated in the revocable license agreement for the public right-of-
way site; and

WHEREAS, this law enforcement presence will provide additional oversite of the
proposed uses; and

WHEREAS, the Applicant proposes additional improvements to extend the public

sidewalk fronting the subject property on the east turning south to create a continuous public
access, and in concert with the Public Works Department, to redevelop the abandoned boat
ramp at the south side of the subject property to incorporate landscaping to enhance the
experience and public use of the riverfront; and

WHEREAS, the proposed marine uses on the site are allowed by right pursuant to
Article 4, Table 3 of the Miami 21 Code; and

WHEREAS, the proposed outdoor dining area consists of a total of 230 seats - 148
seats with 39 tables under covered roof, 30 seats at the bar under covered roof, and 52 seats
with 13 tables in open air on the 2,321 square foot deck; and

City of Miami Page 3 of 6 File ID: 3514 (Revision: ) Printed On: 1/26/2018

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WHEREAS, the proposed location for the outdoor dining area will be within private
property and has been designed effectively not to disrupt the safe flow of pedestrians on the
pedestrian walkway; and

WHEREAS, pursuant to Article 7, Section 7.2.8(b) of the Miami 21 Code, the restoration
or rehabilitation of an existing Building or adaptive Use to any permitted Use in the Transect
Zone shall not require the provision of additional parking or on-site; and

WHEREAS, currently, the site has three (3) parking spaces; and

WHEREAS, to alleviate potential parking issues, pursuant to Article 4, Table 4 of the

Miami 21 Code, the Applicant has applied for a Waiver to provide by eleven (11) offsite parking
spaces within 1,000 from the subject property; and

WHEREAS, the proposal substantially complies with the design review criteria of the
Miami 21 Code as the Applicant’s architect employs design elements that articulate the principle
building with architectural style, detail, and colors that enhance the surrounding area; and

WHEREAS, the site promotes pedestrian interaction with the introduction of a waterfront
walkway connection from the public right-of-way meeting the requirements of Article 3, Section
3.11.b.1 of the Miami 21 Code; and

WHERAS, the project also includes the integration of hardscape improvements adding
eight (8) new parking spaces complemented by landscape enhancements to the site, the
parking area, and the abandoned boat ramp area; and

WHEREAS, the Applicant provided a letter of intent dated January 12, 2017 from Global
Parking Services (“Global”) offering valet service at the properties addressed as 1000, 1020,
1030 NW 7 Street; and

WHEREAS, on September 1, 2017, the Planning Department received an agreement for

valet parking services between the Applicant and Global; and

WHEREAS, the Applicant has entered into a Revocable License Agreement (“License”)
with the City of Miami (“City”) through the Department of Real Estate and Management
(“DREAM”) to utilize City property located approximately at 971 NW 7 Street to serve as a valet
drop-off and pick-up area and provide parking; and

WHEREAS, in the updated letter of intent dated May 24, 2017, the Applicant committed
to providing one (1) boat slip to remain available for commercial fishing vessels, to install sound
control systems to contain loud music and prevent sound from projecting beyond the property,
and to prohibit music from being played after 11:00 p.m.; and

WHEREAS, on October 10, 2017, the Waterfront Advisory Board voted 3 to 2 to

recommend approval of the proposed Food Service Establishment with outside dining; and

WHEREAS, pursuant to Article 7, Section 7.1.2.4(d) of the Miami 21 Code, the

application has been reviewed and found sufficient; and

WHEREAS, the Planning Department has found that Warrant No. 2016-0094 is

City of Miami Page 4 of 6 File ID: 3514 (Revision: ) Printed On: 1/26/2018

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consistent with the goals of the Miami 21 Code; 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. 2016-0094;

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. 2016-0094 is denied.

Section 3. The following conditions as recommend by the Planning Department remain

conditions of the Warrant and must be complied within twenty four (24) months:

1. The proposed outdoor dining shall be in accordance with the plans entitled “Anchor
Marine” as prepared by Form Group consisting of ten (10) pages dated June 13, 2016, signed
and sealed on May 2, 2017.

2. The public sidewalk fronting the subject property on the east turning south should be
extended to create a continuous public access as shown on Sheet A-102 of the plans entitled
“Anchor Marine” as prepared by Form Group consisting of ten (10) pages dated June 13, 2016,
signed and sealed on May 2, 2017.

3. In cooperation with Public Works Department, the redevelopment of the abandoned boat
ramp at the south side of the subject property is required. The Applicant must incorporate
landscaping to enhance the experience and public use of the riverfront as shown on Sheet A-
102 of the plans entitled “Anchor Marine” as prepared by Form Group consisting of ten (10)
pages dated June 13, 2016, signed and sealed on May 2, 2017.

4. The Applicant must obtain approval of the License by the City Commission.

5. Landscaping shall be reviewed and approved by the Planning Department and any other
applicable City agency.

6. A minimum of one (1) boat slip must remain available for commercial fishing vessels.

7. A minimum of one (1) boat slip must remain available and clearly designated for City
Marine Patrol vessels.

8. Signage is not a part of this Warrant and shall be reviewed under a separate permit
application.

9. Any noise generated on site shall conform to Chapter 36 of the City Code.

10. 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 an

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enclosed 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.

11. Any concerns or complaints related to noise nuisance will be addressed and resolved
immediately.

12. Failure to comply with the conditions herein shall result in the revocation of this Warrant.

Section 4. This Resolution shall become effective immediately upon its adoption.

___________
Francisco Garcia, Director Execution Date
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )

Personally appeared before me, the undersigned authority, _____________, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.

SWORN AND SUBSCRIBED BEFORE ME THIS ____ DAY OF _____________, 201_.

_
Print Notary Name Notary Public State of Florida

Personally know or Produced I.D. My Commission Expires:

Type and number of I.D. produced
Did take an oath or Did not take an oath

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PLANNING, ZONING AND APPEALS BOARD

FACT SHEET
File ID: (ID # 3584)

Title: PZAB Elections 2018

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City of Miami City Hall

3500 Pan American Drive
PZAB Resolution Miami, FL 33133
www.miamigov.com

Enactment Number:

File ID: 3584 Final Action Date:

PZAB ELECTIONS 2018

___________
Francisco Garcia, Director Execution Date
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )

Personally appeared before me, the undersigned authority, _____________, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.

SWORN AND SUBSCRIBED BEFORE ME THIS ____ DAY OF _____________, 201_.

_
Print Notary Name Notary Public State of Florida

Personally know or Produced I.D. My Commission Expires:

Type and number of I.D. produced
Did take an oath or Did not take an oath

City of Miami Page 2 of 2 File ID: 3584 (Revision: ) Printed On: 1/26/2018

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