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PZAB Resolution Miami, FL33133
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Enactment Number: PZAB-R-20-029
File ID: 7719 Final Action Date: 9/2/2020
A RESOLUTION OF THE CITY OF MIAMI PLANNING, ZONING AND APPEALS
BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH
CONDITIONS, AS AMENDED, OF 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, AS AMENDED, ("MIAMI
21 CODE"), AND CHAPTER 4, SECTION 4-5 AND SECTION 4-7(C) OF THE 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 7.2.3.13.1 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";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 60 Northeast 2 Avenue (169 East
Flagler Street), Miami, Florida, as more particularly described in Exhibit "A," is zoned "76-80-0",
Urban Core Transect Zone — Open, with the Urban Central Business District ("UCBD") overlay;
and
WHEREAS, D. Manatee Holdings, LLC (the "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 60 Northeast 2
Avenue (169 East Flagler Street) (the "Property"); and
WHEREAS, the Applicant applied to the City of Miami ("City") for two (2) Exceptions and
a Warrant as follows: 1. An Exception pursuant to Article 6, Table 13 of Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended, (the "Miami 21 Code") and
Chapter 4, Sections 4-5 and 4-7(c) of the Code of the City of Miami, Florida, as 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
City of Miami Page 1 of 6 File ID: 7719 (Revision: A) Printed On: 912412020
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 Neighborhood Enhancement Team (NET) 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 one (1) story annex building (the "Annex"); and
WHEREAS, the Property is a single development site, however, 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 one (1) story Annex (Parcel B), constructed in the mid-1940s; and
WHEREAS, the Applicant seeks to redevelop the tenant space at 60 Northeast 2
Avenue that occupies a portion of Parcel A and Parcel B with a Microbrewery and brewpub (the
"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 Project 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 2-
COP alcohol license; and
WHEREAS, all improvements to Parcel A are interior buildouts for the areas associated
with the Microbrewery and do not affect the exterior of the DuPont Building or detract from the
architectural and historic value of the Property; and
City of Miami Page 2 of 6 File ID: 7719 (Revision: A) Printed On: 912412020
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 which demonstrates
compliance with the guidelines and criteria required for the Exception, as specified on 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,
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
10-foot setback is required in the T6 Transect Zone; and
WHEREAS, the Applicant proposes 1,888 square feet of new Floor Area above the one-
story portion of Parcel B, of which approximately 163 square feet of Floor Area is located within
the First Layer setback, 79 square feet on the second level, and 84 square feet on the third
level; 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; 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
City of Miami Page 3 of 6 File 1D: 7719 (Revision: A) Printed On: 912412020
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 to be
consistent with 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 request to allow a 11,026 square foot Microbrewery and
brewpub (Alcohol Service Establishment) with outdoor dining to be consistent with the goals of
the Miami 21 Code and the MCNP, with conditions; and
WHEREAS, the City's Planning Department, pursuant to Article 6, Table 13:
Supplemental Regulations; 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 with conditions; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the
City; and
WHEREAS, the PZAB finds that the applicable requirements of the Miami 21 Code have
been met with the conditions as stated in Section 2 herein; 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 Waiver;
WHEREAS, a motion to approve with staff conditions the two (2) Exceptions and
Warrant was made, with a modification to remove condition #11, which stated "[t]he Exception
is limited to the Applicant, D. Manatee Holdings, LLC, or owner, Alfred I. Dupont Building
Partnership, LLP. Any other entity must be approved by the Planning Department and may
require a new Exception, as determined by the Planning Department", which passed, by a vote
of eight (8) to one (1);
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 PZAB hereby approves the two (2) Exceptions, pursuant to Article 7, Section
7.1.2.E and Chapter 4 of the City Code, and the associated Warrant, pursuant to Article 7,
Section 7.1.2.4, subject to the following conditions:
City of Miami Page 4 of 6 File ID: 7719 (Revision: A) Printed On: 912412020
1. The project shall be developed in accordance with the plans and supporting documents
submitted, bearing the E-Plan stamp for Exception No. PZ-19-2806.
2. This project has been approved for a Microbrewery and brewpub (Alcohol Service
Establishment) with and outdoor dining area, as shown on the approved plans and
supporting documents.
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.
4. Applicant shall maintain all areas hereby approved, including the outdoor dining area
(Beer Garden), in compliance with ADA separation 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 p.m. and 7 a.m. the following day, unless said music devices are played or operated
in a closed building and the sound is not audible from the outside of the building so as to
disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of
residence.
6. The Alcohol Service Establishment shall be limited to the following hours of operation:
11:00 a.m. to 5:00 a.m. Monday through Saturday, 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.
7. Any noise generated on site shall conform to Chapter 36 of the City Code noise
regulation.
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:
• Music 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 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;
c. 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.
city of Miami Page 5 of 6 File ID: 7719 (Revision: A) Printed On: 912412020
10. Per Miami City Code Chapter 4, no loitering or drinking outside of the Establishment
shall be permitted at any time.
11. Signage shall be processed under separate permit in accordance with Article 10 of the
Miami 21 Code.
12. The Applicant, owner, or successor shall comply with the requirements of all applicable
departments/agencies as part of the City of Miami 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.
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 the Miami 21 Code, Section 7.1.2.6(e) "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 and shall be subject to any fines and penalties pursuant to 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 immediately upon its adoption.
Franc sco cla, Director Executio Date
Depa me of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE ) �> i q G1
Personally appeared before me, the undersigned authority, ZcrN-%()V(A , 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 3v DAY OF Ste%, 202
RpQca? -AA,, )Cay—r-2
Print Notary Name
Personally know _� or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Notary Public State of Flori
My Commission Expires:
1�nrvi •; BEATRIZMAREZ
e� .,., ,••.� � - m; • ;.; Commission # GG 153775
io, Expires November 20 2021
Bonded TI ru Troy Fain Insurance 8OU5.7019
City of Miami Page 6 of 6 File ID: 7719 (Revision: A) Printed On: 912412020
EXHIBIT A
LEGAL DESCRIFtWN:
PARCEL "V AND PARCEL "SH-S
Lots 11 2':3, 4, 17, 18, 19 and 20, in Block 117 NORTH, CTTY
OF MIAMI" accordin.g. to the Plat thereof made I%v A. L. ".owlton,
Civil Engineer, and recorded in. Plat Book 8, at Page 41, of the
Public Records of 'Wazni-Dale. County, Florida-, saAng and
excepting therefrom the fo3lovdng pro per�y, to rit* Wes-t 15 feet
of Lot 4 and 17, Block 117 NORTH, CITY OF MIAMI, FLORIDA.
Flarida, as recordffd iti Plat Book B, Page 41, of the Public
Re
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