HomeMy WebLinkAboutR-20-0355City of Miami
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Legislation
Resolution: R-20-0355
File Number: 8001
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/22/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, WITH CONDITIONS, TWO (2) EXCEPTIONS AND A WARRANT
AS FOLLOWS: 1. AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND
ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21
CODE"), AND CHAPTER 4, SECTION 4-5 AND SECTION 4-7(C) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN
ALCOHOL SERVICE ESTABLISHMENT (MICROBREWERY AND BREWPUB)
IN EXCESS OF 5,000 SQUARE FEET IN THE FLAGLER SPECIALTY
DISTRICT; 2. AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION
7.2.3.B.1 AND ARTICLE 7, SECTION 7.1.2.6 OF THE MIAMI 21 CODE TO
PERMIT ALTERATIONS WHICH ENLARGE THE NONCONFORMITY OF A
NONCONFORMING STRUCTURE TO AN EXTENT OF LESS THAN FIFTY
PERCENT (50%) OF THE TOTAL SQUARE FOOTAGE OF THE
NONCONFORMING STRUCTURE; AND 3. A WARRANT PURSUANT TO
ARTICLE 6, SECTION 6.3.2.1 AND ARTICLE 7, SECTIONS 7.1.2.4 AND 7.1.3.2
OF THE MIAMI 21 CODE TO ALLOW AN OUTDOOR DINING AREA
COMPRISED OF THIRTY-FOUR (34) SEATS WITHIN 1,492 SQUARE FEET
ON THE REAL PROPERTY DESIGNATED AS "76-80-0", URBAN CORE
TRANSECT ZONE — OPEN, LOCATED AT APPROXIMATELY 60 NORTHEAST
2 AVENUE (169 EAST FLAGLER STREET), MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
September 2, 2020, following an advertised public hearing, adopted Resolution No PZAB-R-20-
069 by a vote of eight to one (8-1), Item No. PZAB.2, recommending approval, with conditions,
of the application described herein; and
WHEREAS, the property located at approximately 60 Northeast 2 Avenue (169 East
Flagler Street), Miami, Florida, as more particularly described in Exhibit "A," attached and
incorporated ("Property"), is zoned 76-80-0", Urban Core Transect Zone — Open, within the
Urban Central Business District ("UCBD") overlay; and
WHEREAS, D. Manatee Holdings, LLC ("Applicant") requests two (2) Exceptions and an
associated Warrant to allow a Microbrewery and brewpub consisting of approximately 11,026
square feet with approximately 1,492 square feet of outdoor dining at the Property; and
WHEREAS, the Applicant is requesting 1. an Exception pursuant to Article 6, Table 13 of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"), and Chapter 4, Sections 4-5 and 4-7(c) of the Code of the City of Miami, Florida, as
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File ID: 8001 Enactment Number: R-20-0355
amended ("City Code"), to permit, with City Commission approval, an Alcohol Service
Establishment (Microbrewery and brewpub) in excess of 5,000 square feet in the Flagler
Specialty District; 2. an Exception pursuant to Article 7, Section 7.2.3.b.1 of the Miami 21 Code
to permit a 1,888 square foot addition to a nonconforming structure; and 3. a Warrant pursuant
to Article 6, Section 6.3.2.1 of the Miami 21 Code to allow an outdoor dining area comprised of
thirty-four (34) seats within 1,492 square feet; and
WHEREAS, the Property is approximately 50,755 square feet in size (1.16 gross acres)
and is located in the Downtown-Brickell Area; and
WHEREAS, the Property is designated "Central Business District" pursuant to the Future
Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"), which is
"intended to apply to the central commercial, financial, and office core of the metropolitan
region," permitting a broad "mix of uses ranging from high density multifamily residential to high
intensity office uses with retail uses on the lower floors of structures"; and
WHEREAS, the Property is in the UCBD overlay, which highlights the urban core of the
City and is envisioned for high intensity, high density multi -use development centered on mass
transit; and
WHEREAS, Chapter 4 of the City Code indicates that the Property is located within the
Flagler Specialty District, which was established to promote investment in the urban core and
activate downtown outside of normal business hours; and
WHEREAS, the Property is located in an area that is envisioned to be the most intense
and dense in the City; and
WHEREAS, the Property is developed with the Alfred I. DuPont Building ("DuPont
Building"), a locally designated historic building, the four (4) story DuPont Building parking
garage, and a one (1) story annex building ("Annex"); and
WHEREAS, the Property is a single development site; however, it is divided into two (2)
parcels, "Parcel A" and "Parcel B," which correspond to the limits of the historic DuPont Building
(Parcel A) constructed in 1939 and designated in 1993, the four (4) story DuPont Building
parking garage, and the one (1) story Annex (Parcel B) constructed in the mid-1940s; and
WHEREAS, the Applicant seeks to redevelop the tenant space at the Property that
occupies a portion of Parcel A and Parcel B with a Microbrewery and brewpub
("Establishment"); and
WHERAS, the Establishment will occupy 11,026 square feet of floor area of which 9,138
square feet is existing tenant space located at the ground level along Northeast 2 Avenue; and
WHEREAS, the Establishment proposes a roof terrace "Beer Garden" above the one (1)
story portion of Parcel B and an 1,888 square foot two (2) story addition constructed of
repurposed and redesigned shipping containers; and
WHEREAS, the Establishment will operate with a Federal Brewer's Notice and a State of
Florida 2-COP alcohol license; and
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WHEREAS, all improvements to Parcel A are interior buildouts for the areas associated
with the Establishment and do not affect the exterior of the DuPont Building or detract from the
architectural and historic value of the Property; and
WHEREAS, pursuant to correspondence from the City's Historic Preservation Office
dated April 29, 2019, the improvements to Parcel A do not require a Special or Standard
Certificate of Appropriateness; and
WHEREAS, pursuant to Article 6, Section 6.3.6.b of the Miami 21 Code, Microbreweries
may be permitted as Alcohol Service Establishments when located within a cultural specialty
district, in this case the Flagler Specialty District, as defined in Chapter 4, Section 4-5 of the City
Code; and
WHEREAS, Alcohol Service Establishments are permitted By Right in the Flagler
Specialty District; however, pursuant to Article 6, Table 13 of the Miami 21 Code,
"[e]stablishments occupying more than 5,000 square feet of Floor Area shall require an
Exception with approval by the City Commission"; and
WHEREAS, the Establishment will occupy 11,026 square feet of Floor Area; and
WHEREAS, the Applicant has submitted the necessary information that demonstrates
compliance with the guidelines and criteria required for the Exception as specified in Chapter 4,
Section 4-7(c) of the City Code, which focuses on, but is not limited to, parking, security, traffic,
sanitation, noise attenuation, proximity to residential uses, etc., and is considered an official part
of this file on record with the Planning Department; and
WHEREAS, the Applicant requests an Exception pursuant to Article 7, Section 7.2.3.b.1
of the Miami 21 Code to permit alterations which enlarge the nonconformity of a nonconforming
Structure to an extent of less than fifty percent (50%) of the total square footage of the
nonconforming structure; and
WHEREAS, the DuPont Building and Annex are legal nonconforming structures as they
were permitted prior to the Miami 21 Code and do not conform to current development
standards; and
WHEREAS, the existing buildings are located at the Base Building Line (BBL), where a
ten -foot (10') setback is required in a 76-80-0", Urban Core Transect Zone — Open; and
WHEREAS, the Applicant proposes 1,888 square feet of new Floor Area above the one-
story portion of Parcel B; and
WHEREAS, there have been no recent alterations or expansions to the Property that
have resulted in increases in Floor Area and the proposed expansion is substantially lower than
the fifty percent (50%) permitted by the Miami 21 Code; and
WHEREAS, the City's Planning Department finds the proposed design and operational
measures of the Establishment to be consistent with applicable criteria of Article 7, Section
7.1.2.6 of the Miami 21 Code, including the design review criteria of Article 4, Table 12; and
WHEREAS, the Applicant requests a Warrant pursuant to Article 6, Section 6.3.2.1 of
the Miami 21 Code to allow an outdoor dining component on the second floor of the Annex to
complement the operations of the Establishment; and
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WHEREAS, the layout is comprised of thirty-four (34) seats and six (6) tables within
approximately 1,492 square feet; and
WHEREAS, the City's Planning Department finds that the proposed outdoor dining area
is contained within the boundaries of the Property and will not disrupt the safe flow of
pedestrians due to its location on the roof terrace; and
WHEREAS, the City's Planning Department finds that the outdoor dining area is
consistent with the applicable criteria of Article 7, Section 7.1.2.4 of the Miami 21 Code,
including the design review criteria of Article 4, Table 12; and
WHEREAS, the City's Planning Department, through its analysis, finds the two (2)
Exceptions and associated Warrant to allow a 11,026 square foot Microbrewery and brewpub
(Alcohol Service Establishment) with outdoor dining is consistent with the goals of the Miami 21
Code and the MCNP if conditions are in place; and
WHEREAS, the City's Planning Department, pursuant to Article 6, Table 13; Article 7,
Section 7.2.3.b.1; Article 7, Section 7.1.2.6; and Article 7, Section 7.1.2.4 of the Miami 21 Code
and Chapter 4, Sections 4-5 and 4-7(c) of the City Code, recommends approval of the
Exceptions and Warrant with conditions; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other regulations of the City; and
WHEREAS, the City Commission finds that the applicable requirements of the Miami 21
Code with the conditions as stated in Section 2 herein have been satisfied; 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
competent substantial evidence in the record to approve, with conditions, the requested
Exceptions and the accompanying Warrant;
NOW, THEREFORE, BE IT RESOLVED BY THE 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 City Commission hereby approves the two (2) Exceptions pursuant to
Article 7, Section 7.1.2.6 of the Miami 21 Code and Chapter 4 of the City Code and the
associated Warrant pursuant to Article 7, Section 7.1.2.4 of the Miami 21 Code, subject to the
following conditions:
1. The Establishment will be developed in accordance with the plans and supporting
documents submitted to the Planning Department bearing the E-Plan stamp for
Exception No. PZ-19-2806.
2. This Establishment has been approved for only a Microbrewery and brewpub (Alcohol
Service Establishment) with and outdoor dining area as shown on the approved plans
and supporting documents.
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File ID: 8001
Enactment Number: R-20-0355
3. The outdoor dining area (Beer Garden) has been approved for thirty-four (34) seats and
shall be operated pursuant to the seating layout depicted on the batch -stamped plans.
The number of tables and seats shall not increase. Additional tables and seating shall
require a separate Warrant to be reviewed by the Planning Department subject to the
requirements of the Miami 21 Code.
4. The Applicant shall maintain all areas hereby approved, including the outdoor dining
area (Beer Garden), in compliance with ADA requirements.
5. It shall be unlawful to play or operate music boxes, jukeboxes, radios, musical
instruments or any other musical devices on or about the premises between the hours of
11:00 p.m. and 7:00 a.m. the following day unless said music devices are played or
operated in a closed building and the sound is not audible from the outside of the
building so as to disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or
other type of residence.
6. The Establishment shall be limited to the following hours of operation: 11:00 a.m. to 5:00
a.m. Monday through Saturday and 12:00 p.m. to 5:00 a.m. Sunday. An extension of
hours beyond these hours of operation shall require a new Exception with approval by
the City Commission pursuant to the requirements of the Miami 21 Code and the City
Code.
7. Any noise generated on site shall conform to Chapter 36 of the City Code.
8. The Applicant shall employ the following design and mitigation measures for the site's
audio system as recommended in the Acoustical Impact Study prepared by Edward
Dugger +Associates, PA and included in the application as Exhibit "E", attached and
incorporated:
• Music to be provided by a permanently installed "house system", which is used for all
music, including that provided by all performers and/or DJs.
• The use of a distributed audio system consisting of several small to medium sized
loudspeakers to evenly spread sound throughout the rooftop.
• The loudspeakers should be oriented to direct sound inward and not east of the
rooftop.
• The system should be controlled by a digital signal processor (DSP) with the ability
to limit the system's output as necessary.
a. The output levels can still be adjusted, as necessary, but not beyond a
predetermined limit;
b. Frequency -specific limits are recommended to effectively control low
frequency sound levels.
• The system's output controls shall only be accessible by management.
9. Any concerns or complaints related to noise or nuisance will be addressed and resolved
immediately.
10. Pursuant to Chapter 4 of the City Code, no loitering or drinking outside of the
Establishment.
11. Signage shall be processed under separate permit in accordance with Article 10 of the
Miami 21 Code.
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File ID: 8001
Enactment Number: R-20-0355
12. The Applicant, owner, or successor shall comply with the requirements of all applicable
departments/agencies as part of the City's building permit submittal process.
13. The Applicant, owner, or successor must meet all applicable building codes, land
development regulations, ordinances, and other laws and pay all applicable fees due
prior to the issuance of any building permit, including a phased permit.
14. The Applicant, owner, or successor shall meet the conditions all applicable local, state,
and federal regulations.
15. Any modifications to the approved plans as a result or consequence of the Applicant's
compliance with other departments and/or agencies and/or codes shall require a new
review for approval confirmation from the Planning Director in accordance with Article 7
of the Miami 21 Code.
16. Pursuant to Section 7.1.2.6(e) of the Miami 21 Code, "an Exception shall be valid for a
period of two (2) years during which a building permit or Certificate of Use must be
obtained. This excludes a demolition or landscape permit. A one-time extension, for a
period not to exceed an additional year, may be obtained if approved by the Planning
Director."
17. Failure to comply with the conditions herein may result in the immediate revocation of
this Permit, the Certificate of Use, Temporary Certificate of Use, and/or Business Tax
Receipt and shall be subject to any fines and penalties authorized by the City Code.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall be effective ten (10) days upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, ity Kttor ey 1011312020
This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 or upon the effective date stated
herein, whichever is later
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