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HomeMy WebLinkAboutStaff Analysis and MapsN up City of Miami It•e ee e. unu; *I Planning Department ANALYSIS FOR EXCEPTION Staff Analysis Report No. PZ-19-2806 Location 60 NE 2 AV (169 E Flagler ST) Folio Number 0101110701010 Miami 21 Transect T6-80-0 Urban Core Transect Zone - Open / UCBD Overlay MCNP Designation J Central Business District Commission District J District 2 - Commissioner Ken Russell NET District Downtown-Brickell NET Planner Elia Sorice (email: esorice@miamigov.com) Property Owner Alfred I DuPont Bldg. Partner LLP Project Representative D. Manatee Holdings, LLC, represented by Melissa Ta anes Llahues, Esq. A. REQUEST NOTICE Thlcsob ard naeewds btl,me111, felea fotyraIn pIh,City nenwq W of Miaml Cotle. The appliratle dshk h-mating —dd ,l. we.gei �metimeal«e 1d.d.- de,a recommenaae on or a Wool deciA cn. PZ-19-2806 Jam\ 06/25/20 /I4 D. Manatee Holdings, LLC (the "Applicant") is requesting two Exceptions pursuant to Article 7, Section 7.1.2.6 of Ordinance 13114 ("Miami 21 Code"), as amended, and Chapter 4, of the City Code, and associated Warrant pursuant to Article 7, Section 7.1.2.4 of the Miami 21 Code to permit a 11,026 square foot Microbrewery and brewpub (Alcohol Service Establishment) with outdoor dining consisting of 34 seats located at 60 NE 2 AV (169 E Flagler ST), Miami, FL (the "Property"). Exception pursuant Article 6, Table 13 Supplemental Regulations of Miami 21 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 in excess of 5,000 square feet of Floor Area in the Flagler Specialty District. Exception pursuant Article 7, Section 7.2.3.b.1 of Miami 21 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. Warrant pursuant to Article 6, Section 6.3.2.1 of Miami 21 to permit an outdoor dining area on the second level roof terrace. B. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.6 and Article 7, Section 7.1.2.4 of the Ordinance 13114 ("Miami 21 Code"), as amended, and Chapter 4 of the City Code, the Planning Department recommends Approval with Conditions for the two requested Exceptions and associated Warrant to permit a 11,026 square foot Microbrewery and brewpub (Alcohol Service Establishment) with outdoor dining consisting of 34 seats located at 60 NE 2 AV (169 E Flagler St.), based upon the facts and findings in this staff report. C. BACKGROUND The Property is developed with the Alfred I. DuPont Building ("DuPont Building"), a locally designated historic building, and the four-story DuPont parking garage and annex building ("the Annex") located at 169 E Flagler St. The Property is comprised of a single parcel approximately 50,755 square feet in size (1.16 gross acres), and is located in the Downtown-Brickell Neighborhood Enhancement Team (NET) Area. Page 1 of 13 The Property is zoned 76-80-0" Urban Core Transect Zone — Open, and is designated "Central Business District" pursuant to the Future Land Use Map (FLUM) Miami Comprehensive Neighborhood Plan (MCNP). The surrounding properties have the same Transect Zone and Future Land Use designation. Pursuant to Chapter 4 of the City Code, the Property is also located within the Flagler Specialty District which was established to promote investment in the urban core and activate Downtown outside of normal business hours. The Property is a single development site, however is divided into two "parcels", "Parcel A" and "Parcel B." The parcel lines correspond to the limits of the historic DuPont Building (Parcel A), constructed in 1939 and designated in 1993, and the four-story DuPont parking garage and one-story Annex building (Parcel B), constructed in the mid-1940s. Both Dupont and Annex buildings predate the Miami 21 Code; as such, they do not conform to the development standards of the current Code and are deemed legal nonconforming structures. Page 2 of 13 Site Plan — Parcel A and Parcel B BREWERY PROPOSAL • w NOTICE iTlasubmMal neefle to be ach d—Nra Dubuc heatlng accorhanrs wM tlmellnea set ionh In the o'y W Mlarri CWo .The appU. de d—ion-ma king hotly will renew the inloenaden at the pe bb, hu,N to rentler a recommentlation or a final Eecitlon. I r PZ-19-2806 06/25/20 r.-117.o EIF �,41E� „q.! rGMM OFFOMKUP WA SECOND AMD THJFZD LAYERS Through the City's Exception process, and in accordance with Article 6, Section 6.3.6 of Miami 21, the Applicant seeks to redevelop a tenant space at 60 NE 2 AV that occupies portions of Parcel A and Parcel B with a Microbrewery and brewpub (the "Establishment"). 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 at 60 NE 2 AV. Above the one-story Annex, the Project proposes a roof terrace "Beer Garden", and an 1,888 square foot, two-story addition constructed of repurposed and redesigned shipping containers. The Establishment will operate with a Federal Brewer's Notice and a State 2-COP alcohol license. The following development program is described in the letter of intent and on the plans: First Floor: • Brew Pub: 5,612 square feet • Kitchen/Brewing Area: 3,186 square feet • Mill Room: 340 square feet Second Floor: • Roof Terrace: 1,492 square feet • Bar/Bathrooms: 934 square feet Third Floor: • Multipurpose space: 954 square feet Page 3 of 13 I UlOgg,i: Rs+ ■ ■ O i f' 1 i,Aw li yNMr► I i XX, Elm -o Pu6ILL C,y� a G� NOTICE } •0 4V ���UIEW ti lop Pu6-,qq gal Ic lropppl,2 4 G� ■ ■ Li n 13 d m al �9 0. 20 RF1/ ��!EW CO ropppl,P6,�Icy� lop u�2 a � .Mr SUE 7" �F'Z-152260*6 � B e EW C0 THIRD FLOOR N 1F = T-1r Third Floor Multipurpose Space HISTORIC PRESERVATION All improvements to Parcel A are interior buildouts for the areas associated with the Brewery including cold storage and canning areas, kitchen, and the brewpub. Pursuant to correspondence from the City's Historic Preservation Office dated April 29, 2019, it was confirmed that the improvements to Parcel A do not require a Special or Standard Certificate of Appropriateness as the modifications do not affect the exterior of the DuPont Building or detract from the architectural and historic value of the Property. A copy of this correspondence was included with the application as Exhibit F. Page 7 of 13 D. ANALYSIS NOTICE %floors MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP) .kwge. The appticatle deeiaion-matinghotlywillPursuant to the Future Land Use Map (FLUM) of the Miami Neighborhood ComprehenPZ-19-2806 Property is designated "Central Business District" (CBD). This designation is `intended06/25/2commercial, financial and office core of the metropolitan region," permitting a broad `mihigh density multifamily residential to high intensity office uses with retail uses on the lower AOMO The Property is also located in the Urban Central Business District (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. Analysis: The proposed Establishment is a supported Commercial Use in the CBD as it is consistent with the high -intensity, high -density multi -use development that collectively makes Downtown a hub for social and cultural activities. The Establishment is consistent with MCNP Land Use Objective LU-1.4 which aims to "Continue the growth of Downtown Miami, expand its role as a center of domestic and international commerce, further its development as a regional center for the performing arts and other cultural and entertainment activities and develop an urban residential base." As previously discussed, the Property is located in the recently designated Flagler Specialty District. The proposed Establishment is consistent with the objective of encouraging entertainment activities in an area that is envisioned to the most dense and intense in the city throughout the day. Findings: Complies MICROBREWERY CRITERIA The Applicant demonstrated that the Microbrewery has been designed in accordance with the development standards of Article 6, Section 6.3.6(a)-(c) of Miami 21 which regulate building disposition and configuration, permitting, and off -site impact standards specific to this Use. Pursuant to Section 6.3.6.b, the Microbrewery Use is permitted as an Alcohol Service Establishment since it is located within the Flagler Specialty District, as defined in Section 4-5 Chapter 4 of the City Code. Alcohol Service Establishments are permitted By Right in this District; however, given that the Project exceeds 5,000 square feet in Floor Area, an Exception is required pursuant to Article 6, Table 13 of Miami 21 and Chapter 4, Section 4-7(c). EXCEPTION CRITERIA Request 1. Exception pursuant Article 6, Table 13 Supplemental Regulations of Miami 21 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 (in this case a Microbrewery and brewpub), in excess of 5,000 square feet of Floor Area. Criteria 1: Chapter 4 Section 4-7(c) Pursuant Chapter 4 Section 4-7(c) - "all Alcohol Service Establishment that require an Exception shall be subject to approval by the PZAB, and when required, final approval by City Commission. Alcohol Service Establishment requesting extensions of hours of operations or variance from distance requirements shall only be permitted by process of Exception with final approval by the City Commission. In determining the appropriateness of such request, the PZAB and the City Commission, as applicable, shall take into consideration the recommendation of the Department of Planning based on the following materials to be submitted by the Applicant as criteria as well as the criteria listed in the Miami 21 Code: Operational Plan. An operational/business plan that addresses hours of operation, number of employees, menu items, business goals, and other operational characteristics pertinent to the application. Analysis 1: The Applicant provided an operational plan containing number of employees, hours of operation, and other operational characteristics in accordance with the above criteria. It has been included in the application as Exhibit D. Finding 1: Complies Parking. A parking plan which fully describes where and how the parking is to be provided and utilized, e.g., valet, self -park, shared parking, after -hour metered spaces, and the manner in which the parking is to be managed. The City Commission or the PZAB, as applicable, may grant approval for one Page 8 of 13 hundred percent (100%) of the required parking to be located offsite within a d feet (600) from the subject Alcohol Service Establishment if the proposed par NOTICE and a distance of one thousand feet (1,000) from the subject Alcohol Servi Th�ss�mma;��mew„m�;;��;; �P e��h1m19 proposed parking is to be by "valet." M1am1Cotl�me!P° ` e°��°�°°�°"'°9°°°y"" reMewtle information a�the P. dealn9 �o render a reommer,aae oof a nm aeiA or,. Analysis 2: Pursuant to Section Article 7, Section 7.2.8 of Miami 21, adaptive reuse PZ-19-2806 space does not require the provision of additional parking; therefore, the Applicant is only 06/25/20 seven parking spaces to account for the new Floor Area. The Applicant provided an excerp agreement confirming that the establishment has access to the building's attached 400-car-19A3I&W. Furthermore, there are on -street parking spaces, public parking garages, and multiple modes of public transportation that will serve patrons. Finding 2: Complies Crowd control. Alcohol Service Establishment proposing capacities over three hundred (300) persons, an indoor/outdoor crowd control plan that addresses how large groups of people waiting to gain entry into the Alcohol Beverage Service Establishment with a 4COP Quota alcohol beverage license and already on the premises will be controlled. Security plan. A security plan for the Alcohol Service Establishment and any parking facility. Analysis 3-4: According to the letter of intent, the brewpub and beer garden are designed for 150 patrons, with a maximum occupancy not to exceed 299 persons unless approved by special events. The security plan provided states that the establishment will employ full-time security with approximately two personnel on duty between the hours of 9 pm and 5 am. Finding 3-4: Complies Traffic circulation analysis. For Alcohol Service Establishment proposing capacities over three hundred (300) persons, a traffic study and traffic circulation analysis and plan that details the impact of projected traffic on the immediate neighborhood and how this impact is to be mitigated. Analysis 5: The brewpub and beer garden are designed for 150 patrons, with a maximum occupancy not to exceed 299 persons. A traffic study and traffic circulation analysis is not required. Finding 5: Complies Sanitation plan. A sanitation plan which addresses on -site facilities as well as off premises issues resulting from the operation of the Alcohol Service Establishment. Analysis 6: A sanitation plan has been submitted by the Applicant which addresses on -site facilities that are to be available on all three floors of Parcel B. Finding 6: Complies Proximity to Residential Districts. Proximity of the proposed Alcohol Service Establishment to Districts - Residential. Noise attenuation plan. If the proposed Alcohol Service Establishment is within two hundred feet (200) of any residential use, a noise attenuation plan that addresses how noise will be controlled shall be required, especially in the case of indoor/outdoor uses." Analysis 7-8: There are no Districts - Residential within close proximity to the Property. Furthermore, the Flagler Specialty District imposes no distance separation requirements from a school or religious facility. An Acoustical Impact Study was prepared by Edward Dugger + Associates, PA and included as Exhibit E. The study provides recommendations to minimize noise impact on surrounding residential uses, in accordance with Chapter 36 of the City Code. Findings 7-8: Complies Request 2. Exception pursuant Article 7, Section 7.2.3.15.1 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. Criteria 1: Article 7, Section 7.2.3.c. Computation of Alterations Analysis: As previous stated, the DuPont and Annex building are legal nonconforming structures as they were permitted prior to Miami 21 but do not conform to current development standards such as setbacks, lot coverage, parking, etc. In this case, the existing structures are located at the Base Building Line (BBL), where the T6 Transect Zone requires a 10-foot setback. Page 9 of 13 x When analyzing a request for expansion of a nonconforming structure, the Miami 21 ,' "`` additions for the last three years on the subject property be added up to ensure the NOTICE exceed 50-percent of the existing square footage. Once a structure exceeds the 50-pe Thissuem a°eEdsb�=^ed°�^apue ^ei^^9 In arc°dxnrx. wlRi lim in. eM forth n the City comply with the Miami 21 Code. M'am"�`Th`a°°°�de°�-h-m,,gt.�„" ,ewe.�,e����etim° at«e P°h^° ^ea,�ngt° rends, a �omrne^aan o^ or a n°m aeiA o^. The Applicant proposes a two-story expansion above the one-story portion of the Annex t Pz-19-2806 1,888 square feet. There have been no recent alterations or expansions that have resulted i 06/25/2Ond Area to the DuPont Building or the Annex. Of the 1,888 square feet of new Floor Area propose 163 square feet of Floor Area is located within the First Layer setback, 79 square feet on the seco , 84 square feet on the third level. The proposed square footage is substantially lower than the 50% allowed Findings: Complies Criteria 2: Miami 21 Code, Article 4, Table 12: Design Review Criteria Analysis: A request for an Exception requires review and analysis, according to Maim 21 Zoning Code, Article 7, Section 7.1.2.6.b.4, as appropriate to the nature of the Exception involved and the particular circumstances of the case, the following criteria shall apply to an application for an Exception. The application shall be reviewed for compliance with the regulations of this Code and a traffic study shall be provided as required by the Planning Director. The review shall consider the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses and shall apply Article 4, Table 12 Design Review Criteria, as applicable." Although a majority of the project is comprised of interior renovations, proposed modifications to the Parcel B storefront and the two-story addition are designed with the adjacent context and architectural character in mind. The Applicant proposes new storefront glazing at ground level of Parcel B, and preserves the existing black granite that matches the fagade of the DuPont Building. The two-story addition above the Annex, composed of repurposed shipping containers, captures the industrial "warehouse look of a brewery within the urban context." Collectively, the project is compatible with and supports the mixed -use nature of the Transect Zone, and responds to the existing neighborhood form. As stated in the Applicant's Operational Plan, the project will comply with all noise standards of Chapter 36. Findings: Complies Rendering of Establishment along NE 2 AV WARRANT CRITERIA Page 10 of 13 Request 3. Warrant pursuant to Article 6, Section 6.3.2.1 of the Miami 21 Code to a NOTICE area on the second level roof terrace beer garden. ThI„ bm„neetlsma, heha•ti �rapati c I—Il g a°reence. wim nme111, set— In the cry m Mlaml Cotle. The apptiratle tl .ion- Awl hotly will reMewthe information at the pablle tl—"'to rentler a Analysis: The Applicant proposes an outdoor dining component on the second fl°mIbee•° PZ-19-2806 complement the operations of the Establishment. The layout is comprised of 34 seats 06i25i20 approximately 1,492 square feet. It is found that the proposed outdoor dining area is co boundaries of the Property and will not disrupt the safe flow of pedestrians due to its location on Furthermore, the outdoor dining has been designed to the meet the design review criteria of Article 4, Table 12. Findings: Complies E. NEIGHBORHOOD SERVICES Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the Planning Department has made referrals to the agencies below: • Office of Zoning • Historic Environmental and Preservation Office • Downtown-Brickell Neighborhood Enhancement Team (NET) Office • Office of Code Compliance The comments and recommendations from the reviewing departments and agencies have been considered and are reflected in this analysis. The Applicant also provided numerous letters of support from downtown residents, condo associations, and neighborhood groups. The letters have been incorporated into the application as part of the public record, uploaded as "Z Support Letter". I�K�LL��L•9[�Ll The proposed Microbrewery and brewpub (Alcohol Service Establishment) with outdoor dining are Uses allowed by Miami 21 and the City Code, and align with the goals and objectives of the Miami Neighborhood Comprehensive Plan. The requested Exceptions and associated Warrant comply with all criteria and regulations set forth in Miami 21 and Chapter 4 (Alcoholic Beverages) of the City Code. Pursuant to Article 7, Section 7.1.2.6 and Article 7, Section 7.1.2.4 of the Miami 21 Code, and Chapter 4 of the City Code, the Planning Department recommends Approval with Conditions of the two Exceptions and associated Warrant as presented with the following conditions: CONDITIONS 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 an outdoor dining area, as depicted on the batch -stamped plans and supporting documents. 3. The outdoor dining area (Beer Garden) has been approved for 34 seats and shall be operated pursuant to 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. The Applicant, owner, or successor 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. Page 11 of 13 Awl The Alcohol Service Establishment shall be limited to the following hours of Off/ NOTICE 5:00 am Monday through Saturday, 12:00 p.m. to 5:00 a.m. Sunday. An exte these hours of operation shall require a new Exception with approval by the Ci tlance wiM °melines set IortP In IM1e City of Mlaml Cotle. The appllcatle dsiaion-mating hotly will reMewtle informa°on at the public "eeing to rentler a re°mme:naae on oa noel tleiA °n. Any noise generated on site shall conform to Chapter 36 of the City Code noise Pz-19-2806 06/25/20 The Applicant shall employ the following design and mitigation measures for the sit as recommended in the Acoustical Impact Study prepared by Edward Dugger +Associ d 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 DJ's. • 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 be accessible only by management. Any concerns or complaints related to noise nuisance will be addressed and resolved immediately. 10. Per Miami City Code Chapter 4, no loitering or drinking outside of the establishment shall be permitted at any time. 11. The Exception is limited to the applicant, D. Manatee Holdings, LLC, or owner, Alfred I Dupont Bldg. Partner LLP. Any other entity must be approved by the Planning Department and may require a new Exception. 12. Signage shall be processed under separate permit in accordance with Article 10 of Miami 21. 13. 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. 14. 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. 15. The Applicant, owner, or successor shall meet the conditions all applicable local, state, and federal regulations. 16. 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. 17. Pursuant to 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." 18. 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. PZ-19-2806 1 1 Page 12 of 13 Jacqueline Ellis Chief of Land Development NOTICE lnlcaueminameeeam a scneeulee fora pueuc nearinq aoreance. wim nmeunes set loan In Ine city or Mlaml Cotle. The appticatle deeiaion-mating hotly will reMewtlre information at the public tlearing to rentler a menaanon orannalee�lAon. �PZ-19-2806 lam\ 06/25/20 Page 13 of 13 q-.- L!41 T, AERIAL EPLAN ID: PZ-19-2806 EXCEPTION N 0 125 250 500 Feet , "Ll NOTICE --public hearing ,dll—�tll1lll&fMhilthe City& MJ_Cwe.The applies Lie decw- —ki,gbWyW1[ reWewthe information at the public hearing to rentler e PZ-19-2806 07/07/20 ADDRESSES: 169 E FLAGLER ST = Subject Property MIAMI 21 (EXISTING) EPLAN ID: PZ-19-2806 EXCEPTION w B w z w w U) N L 0 125 250 500 Feet NOTICE This subrnittal neatls b be scheaolee br a pubic hearing In accortlana wkh timelines set forth in the City M Miami Cmtle. The applies Lie decision -making btlywill reWewiheinlormadon at the public hearing to—dn ,a re .—,datlon or a final d-im., PZ-19-2806 \+ 07/07/20 ADDRESS:169 E FLAGLER ST Subject Property w Q M w V) Y OF PLANNING DEPARTMENT ff' 10 serfs 1 Project Fact Sheeti is ss O R t �' This document is used to provide a summary for Planning Department related pro Project Name: Alfred DuPont Brewery PLANNING DEPARTMENI Lead Staff: Elia Sorice, Planner II NOTICE ThIs su brnittaln d, b be scheaolee for a pubk h—ing In —nbanm whh tirnellnes set forth in the City M M,, CWtl The appli m a b -n —king btly will reWew the nbnna tth pubkh i gto render. omm Watl fi,Md on reG PZ 19 2806 / 06/25/20 /A Project Address: 60 NE 2 AV (169 E Flagler ST) [Email: incipal Division: Land Development esorice@miamigov.com Company Name: D. Manatee Holdings, LLC Primary Contact: Maritza Haro, Esq. Email: mharo@brzoninglaw.com Secondary Contact: Melissa Tapanes, Esq. Email: mtapanes@brzoninglaw.com Fin NOTES 1. An Exception to allow an alcohol service establishment (microbrewery and brewpub) in excess of 5,000 sf within the Flagler Specialty District, 2. An Exception to allow the expansion of a nonconforming structure, and 3. Warrant to allow outdoor dining on the second floor roof terrace consisting of 34 seats. The project includes interior renovations of an existing tenant space along NE 2 AV, and a two-story addition comprised of re -purposed shinning containers. Webs Link(s): Q HEPB Q WDRC Q PZAB ❑ City Commission Q UDRB Q AIPP Department Director: Francisco Garcia Revision Date: 1/15/2020