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Home My WebLink AboutAppeal DocumentsSubmitted on Receipt number Related form version 18 July 2023, 1:55PM 148 16 Submitting your Appeal to the City Commission, PZAB, or HEPB On what date was either the administrative decision/interpretation issued, the CU revocation or denial letter dated, or the resolution rendered? (click calendar icon). 07/17/2023 Proof of payment for appeal, noticing, and advertising fees? Did you pay your fees, if applicable? Please upload a copy of the payment receipt showing full payment of fees associated with the appeal. Yes secure35.ipayment.com_Miami_my_0_print_.. pdf List of Property Owners within 500 ft (Appeals to City Commission and to HEPB) Do you have the Excel list with the information for property owners within 500 feet? Please upload the Excel formatted list showing all the property owners within 500 feet of the Your information Yes List of Property Owners w Legal Desc.xls Certification Letter.pdf Radius Map 500 pdf What is your name or the name of your law firm representing as authorized representative? Please provide your email. Please provide your phone number? What is the administrative decision/interpretation number or the resolution number you are appealing? All of your documents shall become a public record. Please upload all of your required documents as detailed online. A summary list of the documents you need to submit is the following: 1) Appeal Letter 2) Proof of Lobbyist Registration 3) Corporate Resolution from Board of Directors 4) List of Louis J. Terminello, Esq, - Greenspoon Marder LLP kevin.cruzigmlaw.com 305.789.2770 PZAB-R-23-076 APPEAL NOTICE (Commission) pdf 13713 - UPDATED PZAB-R23-076 Signed Resolution.pdf Certification Letter.pdf List of Property Owners w Legal Desc xis Radius Map 500 pdf 1 of 2 adjacent property owners within 500 feet of the property (Excel format only), required 5) Signed attestation form 6) Other pertinent documents, i.e. Disclosure to Support or Withhold Objection, Power of Attorney, etc. Digital Signature and Submission Please type your full name here and sign below. Louis J. Terminello Using your mouse or finger, please provide your digital signature. Your digital signature verifies your submission.****The signature must be that of the individual "signing" this document electronically or be made with the full knowledge and permission of the individual; otherwise, it constitutes forgery under s. 831.06, F.S. The individual signing this document affirms that the statements and information stated herein are true. ****I hereby certify that the information supplied does not qualify for the exemptions contained in Chapter 119, Florida Statutes. I hereby certify that the information indicated in this appeal submission is true and accurate, and that my electronic signature shall have the same legal effects as if made under oath; that I am authorized to execute this appeal submission as required by State, County, and Municipal laws.. J ink to signature 2 of 2 rdr miami public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1305.498.1614 July 12, 2023 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Property owner information required for public hearing mail noticing (500' radius): 1500 Brickell Avenue, Miami, FL 33129 (Folio: 01-4139-001-0270) Total number of property owners, excluding individual condos, including associations: 31 I certify that the attached ownership list and map are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, Diana B. Rio RDR Miami I Rio Development Resources 305.498.1614 diana@rdrmiami.com OWNER'S NAME(S),'. 1450 BRICKELL LLC 1450 S MIA LLC 1550 BRICKELL ASSOCIATES LLC ANTOINE MUNFAKH SERENA HUGHES BRICKELL EAST CONDOMINIUM ASSOCIATION, INC. CHATEAU PETIT DOUY LLC C/O OPUS EQUUM INC CITY OF MIAMI-DEPT OF P&D ASSET MANAGEMENT DIVISION COSTA BELLA ASSOCIATION, INC. DEAN ZIFF JANIA VICTORIA DIOCESE OF NEWTON FOR THE MELKITES IN TH USA INC EA MIAMI LLC ECHO BRICKELL CONDOMINIUM ASSOCIATION, INC. FSM GARAGE LLC C/O MILLENNIUM PARTNERS FSM HOTEL OWNER LLC FSM OFFICE LLC C/O MILLENNIUM PARTNERS FSM OFFICE LLC C/O MILLENNIUM PARTNERS FSM SPA LLC C/O MILLENNIUM PARTNERS LOFTS ON BRICKELL "I" CONDOMINIUM ASSOCIATION INC. LOUIS FREEMAN PARK PLACE AT BRICKELL LLC ROB CHART TERESA Y HART SMA BLDG LLC THE PALACE CONDOMINIUM ASSOCIATION, INC. TITOPHE REAL ESTATE LLC TITOPHE REAL ESTATE LLC VERONICA CERVERA GOESEKE TRS ALICIA CERVERA LAMADRID IRREV TR NICKEL GOESEKE VERONICA CERVERA GOESEKE TRS VERONICA CERVERA GOESEKE IRREVOCABLE TRUST VILLA REGINA ASSOCIATION, INC. YTECH 1428 BRICKELL LLC YTECH 1548 BRICKELL AVENUE LLC YTECH 41 BROADWAY TIC H LLC YTECH 41 BROADWAY TIC S LLC MAULING •STREET ADDRESS 1450 BRICKELL AVE STE #1450 CI' MIAMI STATE. _..tIP CODE COUNTRY FL 33131 USA 1492 S MIAMI AVE MIAMI FL 33130-4322 USA 1550 BRICKELL AVE MIAMI FL 33131 USA 1555 S MIAMI AVE MIAMI FL 33129 USA 151 SE 15 ROAD MIAMI FL 33129 USA PO BOX 788 DOLORES CO 81323 USA 444 SW 2 AVE STE #325 MIAMI FL 33130 USA 1450 BRICKELL BAY DR (OFFICE) MIAMI FL 33131 USA 1601 S MIAMI AVE MIAMI FL 33129 USA 1501 BRICKELL AVE MIAMI FL 33129 USA 1525 S MIAMI AVENUE MIAMI FL 33129 USA 1451 BRICKELL AVE STE 500 MIAMI FL 33131 USA 1441 BRICKELL AVE STE 1012 MIAMI FL 33131 USA 206 TETUAN ST 403 SAN JUAN PR 00901 USA 1441 BRICKELL AVE STE 1012 MIAMI FL 33131 USA 1441 BRICKELL AVE STE 1012 MIAMI FL 33131 USA 1441 BRICKELL AVE STE 1012 MIAMI FL 33131 USA 14275 SW 142 AVE MIAMI FL 33186 USA 1563 S MIAMI AVE MIAMI FL 33140 USA 1450 BRICKELL AVE STE 1450 MIAMI FL 33131 USA 1561 S MIAMI AVE MIAMI FL 33129 USA. 1501 S MIAMI AVE MIAMI FL 33129-1102 USA 1541 BRICKELL AVE (OFFICE) MIAMI FL 33129 USA 7224 NW 16 ST PLANTATION FL 33313 USA 7224 NW 16 ST PLANTATION FL 33313 USA 1492 S MIAMI AVE MIAMI FL 33130 USA 1492 S MIAMI AVE MIAMI FL 33130 USA 1581 BRICKELL AVE MIAMI FL 33129 USA 33 SW 2 AVE PH 2 MIAMI FL 33130 USA 1428 BRICKELL AVE STE #400 MIAMI FL 33131 USA 1428 BRICKELL AVE 400 MIAMI FL 33131 USA FOLIO NUMBER ; <FOLIO NUMBER .. ' 0141391170010 ' 0141391170010 ' 0102090801010 ' 0102090801010 ' 0141390010180 ' 0141390010180 ' 0141390010062 ' 0141390010062 ' 0141390440001 ' 0141390440001 ' 0141390010270 ' 0141390010270 ' 0141390110010 ' 0141390110010 ' 0141390260001 ' 0141390260001 01-41390010080 01-41390010080 ' 0141390020011 ' 0141390020011 ' 0141390010060 ' 0141390010060 ' 0141391280001 ' 0141391280001 0141390640030 0141390640030 0141390640010 0141390640010 0141390640040 0141390640040 0141390640050 0141390640050 0141390640020 0141390640020 ' 0141400490001 ' 0141400490001 ' 0141390010064 ' 0141390010064 ' 0141390750010 ' 0141390750010 ' 0141390010063 ' 0141390010063 ' 0141390010050 ' 0141390010050 ' 0141390380001 ' 0141390380001 ' 0141390010070 ' 0141390010070 ' 0141390010075 ' 0141390010075 ' 0102090801020 ' 0102090801020 ' 0102090801050 ' 0102090801050 ' 0141390410001 ' 0141390410001 ' 0102090901030 ' 0102090901030 ' 0141390010250 ' 0141390010250 ' 0102090801040 ' 0102090801040 LEGAL DESCRIPTION 1450 BRICKELL PB 168-028 T-22300 TR A & TR B LOT SIZE 83601 SQ FT OR 24731-1084 07/2006 5 CITY OF MIAMI SOUTH PB B-41 LOTS 1 & 6 BLK 98 LOT SIZE 13100 SQ FT OR 17517-1354 0297 51 BRICKELLS FLAGLER PB 5-44 LOTS 25 THRU 36 BLK 55 LOT SIZE 600.000 X 180 OR 13322-3413 0 BRICKELLS FLAGLER PB 5-44 LOTS 5 & 6 BLK 55 LOT SIZE 100 X 150 F/A/U 01-4139-001-0061 BRICKELL EAST CONDO EAST BRICKELL TOWER SUB PB 117-86 TR A BRICKELLS FLAGLER PB 5-44 LOTS 41 & 42 BLK 55 LOT SIZE 84.920 X 180 39 54 41 8.0783 AC M/L SIMPSON PARK PB 82-70 TR A LESS COMM MOST SLY COR TR A PER PB COSTA BELLA CONDO COSTA BELLA SUB PB 107-14 TRACT A BRICKELLS FLAGLER PB 5-44 LOTS 11 & 12 BLK 55 LOT SIZE 100.000 X 150 OR 15891-3113 0792 GIFFORD & HIGHLEYMAN PB 3-38 PORT OF LOTS 1 THRU 5 & PORT OF LOT 39 OF PB 5-44 DES( BRICKELLS FLAGLER PB 5-44 LOT 4 BLK 55 LOT SIZE 50.000 X 150 OR 20215-4817 02 2002 1 ECHO BRICKELL CONDO EAST BRICKELL TOWER SUB PB 117-86 TR B & LOT 45 LESS NELY 5FT BRICKELL CHASE PB 153-67 T-2017 GARAGE LOT DESC A PORT OF TR A AS DESC IN MASTER C BRICKELL CHASE PB 153-67 T-2017 TR A LESS PORT DESC IN OFF REC 21766-4639 MILLENNIUM BRICKELL CHASE PB 153-67 T-2017 OFFICE LOT DESC A PORT OF TR A AS DESC IN MASTER C( BRICKELL CHASE PB 153-67 T-2017 RETAIL LOT DESC A PORT OF TR A AS DESC IN MASTER CC BRICKELL CHASE PB 153-67 T-2017 SPA LOT DESC A PORT OF TR A AS DESC IN MASTER COVE LOFTS ON BRICKELL I CONDO BRICKELLS FLAGER PB 5-44 LOTS 39 & 40 BLK 55 AS DESC IN DE BRICKELLS FLAGLER PB 5-44 LOT 8 BLK 55 LOT SIZE 50.000 X 150 F/A/U 01 4139 001 0061 OR 20 PARK PLACE AT BRICKELL PB 160-29 T-21220 TR A LESS DESC BEG 149-02FTNELY OF SELY CO BRICKELLS FLAGLER PB 5-44 LOT 7 BLK 55 LOT SIZE 50.000 X 150 F/A/U 01-4139-001-0061 OR 2C 39-40 54 41 BRICKELLS FLAGLER PB 5-44 LOTS 1-2 & 3 BLK 55 LOT SIZE 167.000 X 150 OR 20184 THE PALACE CONDO GIFFORD & HIGHLEYMAN PB 3-38 LOTS 5 THRU 11 & SW75FT OF LOT 13 8 BRICKELLS FLAGLER PB 5-44 LOT 9 BLK 55 LOT SIZE 7500 SQ FT M/L OR 18778-3853 & 58 0399 E BRICKELLS FLAGLER PB 5-44 LOT 10 BLK 55 LOT SIZE 7500 SQ FT M/L FAU 01 4139 001 0070 CITY OF MIAMI SOUTH PB B-41 LOTS 2 & E15FT LOT 3 BLK 98 LOT SIZE 65.000 X 175 15857-2622 CITY OF MIAMI SOUTH PB B-41 LOT 5 BLK 98 LOT SIZE 10036 SQUARE FEET OR 15857-2620 039: VILLA REGINA CONDO BRICKELLS FLAGLER PB 5-44 LOTS 42 43 & 44 BLK B & PARCEL OF SUBN MARY BRICKELL ADDN PB B-113 LOTS 3 THRU 7 & N1/2 OF LOT 8 BLK 99 LOT SIZE 49983 SQ FT BRICKELLS FLAGLER PB 5-44 LOTS 37 & 38 BLK 55 LOT SIZE 100.000 X 180 COC 24088-0517 12 2 CITY OF MIAMI SOUTH PB B-41 W71.5FT OF E86.5FT OF LOT 3 BLK 98 LOT SIZE 71.500 X 128 OR FAU 01 4139 075 0020 COC 21412-1435 07 2003 6 )687 5 82-70 NE 351.6FT TO POB CONT NE 50FT SE150FT SW25FT SWLY WLY NWLY A/D 39.2- 5 BEG MOST WLY COR OF LOT 39 TH N 52 DEG E 169.40FT S 57 DEG E 249.92FT S 32 DE ' FOR R/W & N1/2 OF LOT 46 BLK 2 OF PRINT VIEW SUB PB 2-93 AS DESC IN DECL OR 2 ;OVENANT OR 21766 3344 & AMENDMENT MASTER OR 24033 0206 I TOWER RESIDENCES CONDO & OFF REC 21766-4820 MILLENNIUM JVENANT OR 21766 3344 & AMENDMENT MASTER OR 24033 0206 )VENANT OR 21766 3344 & AMENDMENT MASTER OR 24033 0206 :NANT OR 21766 3344 & AMENDMENT MASTER OR 24033 0206 ECL OR 24881-2506 LOT SIZE 18000 SQ FT FAU 01 4139 001 0260 399-3020 0402 2 IR OF TR A TH N 74 DEG W 52.36FT N15 DEG E8.08FT N 74 DEG W 1.14FT N 15 DEG E )399-3020-0402 2 -3626 0202 1 COC 21779-3222 10 2003 1 PORT OF LOT 39 & ALL OF LOTS 40 & 41 BLK B BRICKELLS FLAGLER PB 5-44 & SUBME > (4) 0393 1 31 IERGED LAND LYG SELY & ADJ EXTO TO BLK HD/L LESS NWLY 70FT FOR R/W OR 16418-3798 0694 1 '005 5 19294-4289 0900 6 7FT NW125FT TO EG W 83.45FT N 57 DEG W 8880-4047 :RGED G reer spooa H rder July 18th, 2023 City of Miami, Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Louis J. Terminello, Esq., Chair — Hospitality, Alcohol & Leisure Industry Group Managing Partner, Miami-Brickell Office Brickell World Plaza — 366 Floor 600 Brickell Avenue Miami, Florida 33131 Phone: 305.789.2770 Fax: 305.537.3947 Email: LJT@gmlaw.com Re: Appeal of the decision of the Planning, Zoning and Appeals Board (PZAB), in Resolution PZAB-R-23-076, on a Denial of Planning Department's Outdoor Dining Warrant issued Pursuant to Art. 6, Sec. 6.3.2, and Art. 7, Sec. 7.1.1.2 and Sec. 7.1.2.4, Miami 21. (Warrant Number: PZ-21-10881). Property Address: 1500 Brickell Avenue, Miami, FL 33131 NOTICE OF APPEAL Please be advised that the undersigned, Greenspoon Marder, LLP represents Chateau Petit Douy, LLC, (the "Applicant"), in connection with Applicant's Outdoor Dining Warrant, (Warrant Number: PZ-21-10881) at the above referenced Property Address. On July 17th, 2023, the Planning, Zoning and Appeals Board granted the appeal of the Warrant by BRICKELL I CONDOMINIUM ASSOCIAITION, INC. (the "Lofts") and reversed the decision of the City's Planning Department to approve the Warrant, PZ-21-10881. The Applicant's Warrant was issued to peuiiit the outdoor dining service areas on the ground floor as well as 2nd floor terrace. This project has been underway since 2015 and has received related approvals from the City's Planning Department and Historic Preservation Environment Board. On March 6th, 2023, The City of Miami Planning Department issued a positive staff Analysis for Warrant and stated in the approval that the ground floor as well as 2nd floor terrace dining areas are "compatible" with landscape standards, ambient standards and the surrounding neighborhood. Additionally, both outdoor dining areas "conform[s] to the applicable Miami 21 requirements and [are] found to be consistent". No competent substantial evidence was presented in opposition to support the appeal granted by PZAB. Lastly, the tenant operator of the restaurant space will be Major Food Group — a renowned luxury restaurant operator with concepts throughout the U.S. such as "Carbone" and "Sadelle's" among others. Additionally, the Applicant has made a significant investment in the Main Offices: Boca Raton Denver Edison Ft. Lauderdale Las Vegas Los Angeles Miami Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach Satellite Offices: Albuquerque Atlanta Chicago Hunt Valley Miami Beach Nashville Washington, D.C. Appeal to Commission Page 2 of 2 rehabilitation and renovation of the above referenced property, offered sound and noise mitigation plans after conducting a sound study, proposed self-imposed reductions of the intensity of the project and offered development of a state-of-the-art live vegetation "green wall" with acoustical panels to further mitigate and reduce noise, in consideration for the Loft's. Therefore, Chateau Petit Douy, LLC, appeals PZAB's decision granting Loft's appeal and reversal of the previously approved Warrant, PZ-21-10881, to the City of Miami City Commission. Chateau Petit Douy, LLC expressly reserves the right to supplement, and/or amend this filing, and to assert additional objections or privileges, in one or more subsequent supplemental response(s). Very truly yours, GREENSPOON MARDER LLP Louis J. Terminello, Esq. Main Offices: Boca Raton Denver Edison Ft. Lauderdale Las Vegas Los Angeles Miami Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach Satellite Offices: Albuquerque Atlanta Chicago Hunt Valley Miami Beach Nashville Washington, D.C. CFN: 201 4718 EXHIBIT A TO DEED LEGAL DESCRIPTION OVIINIStAi ,'' // 1 • / /TVs tinadedslon mayte appealed to. flanning, ZonIng . Appeals Board by any agyriewlpsrty, Whinfilleen (LSI daysof the 1 , date of posting by nfing a.ml. appeal am1.1.0.1.40, 3 the Hearing Bo.vaDhism. lof-alx.0 at 444 20,12DJAvenue. 1 1 31,1 Fluor, M1.3n11, FL 33130. Telephone number (305)416.7A30. The Land referral to herein below is stated in the County of Warm -Dade, State or Fkri4, and Is described aS roltows: LOTS 41 AND 42, BLOCK 55, OF FLAGLER, ACCORDING TO THE FLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE44 OP THE PUBLIC RECORDS OF MlAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION OF LOT 42, BLOCK 55, BRICKELL'S FLAGLER, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE.44, OF THE PUBLIC •RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AS DESCRIBED IN WARRANTY DEED RECORDED ON MAY S, 1986, IN OFFICIAL RECORDS BOO 12877, AT PAGE 2896_, OF THE PUBLIC RECORDS OP MIAI4I.DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EXTERNAL AREA OF A CIRCULAR CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 50 FEET NORTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF BkICKELL AVENUE AND 50 FEET SOUTMESTERLY OF AND PARALLEL WITH THE (INTERLINE OF SE 15 ROAD. City of Miami PZAB Resolution Enactment Number: PZAB-R-23-076 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13713 Date Rendered: 7/17/2023 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD GRANTING THE APPEAL FILED BY TUCKER GIBBS, ESQUIRE ON BEHALF OF THE LOFTS OF BRICKELL I CONDOMINIUM ASSOCIATION, INC. ("APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY REVERSING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-21-10881 ISSUED PURSUANT TO ARTICLE 6, SECTION 6.3.2 AND ARTICLE 7, AND SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW FOR THE OPERATION AND CONSTRUCTION OF AN OUTDOOR DINING USE ON A PARCEL ZONED "T5-R" URBAN CENTER TRANSECT ZONE — RESTRICTED, LOCATED AT 1500 BRICKELL AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Louis Terminello, Esquire on behalf of Chateau Petit Douy, LLC ("Applicant") applied for a Warrant pursuant to Article 6, Section 6.3.2 and Article 7, Sections 7.1.1.2 and 7.1.2.4 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") to allow for Outdoor Dining areas ("Project") for the property located at approximately 1500 Brickell Avenue, Miami, Florida ("Property"); and WHEREAS, on March 3, 2023, the Planning Department approved Warrant No. PZ-21-10881 for the Project on the Property pursuant to the applicable review criteria of the Miami 21 Code; and WHEREAS, the Planning Department's approval of Warrant No. PZ-21-10881 included the following conditions: Outdoor Dining Area 1 — Ground Floor 1. The Applicant's proposed Outdoor Dining Area 1 — Ground Floor shall be in accordance with the plan entitled "A-6 — Proposed First Floor Seating Plan", as prepared by the Architect of Record - Jeffery W. Smith, AR9772 on June 28, 2021, consisting of one sheet. 2. The Applicant's Outdoor Dining Area 1 — Ground Floor approved under this Special Permit shall operate with a total of 50 seats (including 16 ADA-compliant seats) and 14 tables (including 11 ADA-compliant tables). 3. Signage is not a part of this Warrant application and shall be reviewed under a separate permit application. Date Rendered: 7/17/2023 City of Miami Page 1 of 6 File ID: 13713 (Revision:) Printed On: 7/17/2023 4. Placement of any umbrellas, canopies, and/or shade apparatuses is not a part of this Warrant application and shall be reviewed under a separate application submittal. 5. The Chateau Miami Restaurant's permitted Hours of Operation are Monday — Sunday, 10:00 a.m. — 2:00 a.m. And any modification(s) may require a new Warrant application. 6. Any additional expansion and/or modifications to the approved plan drawings may require a new Warrant application. 7. Pursuant to Miami 21 Code, Article 5, Section 5.5.7 (T5), the average lighting levels measured at the Building Frontage shall not exceed 5.0 fc (foot-candles) and the lighting of the Building and contingent Open Spaces shall be compatible with street lighting of Abutting public spaces as illustrated in Article 8. 8. Any valid concerns or complaints related to noise nuisance shall be addressed and resolved within the time permitted under the City Code or within a reasonable time. 9. Applicant shall maintain an outdoor dining area in compliance with ADA separation requirements. 10. Pursuant to Chapter 36, Section 36-5(a.) of the City Code: It shall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the city, to cause or suffer to cause the playing or operating of 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 such music boxes, jukeboxes, radios, musical instruments and other devices are played or operated in a closed building and the sound is not audible from outside the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. Upon a second conviction of violation of this section the city manager may, at his/her discretion, revoke any business tax receipt issued under chapter 31 to the business. 11. All associated HEPB approvals and conditions must be approved at the time of the issuance of the Building Permit. 12. The Applicant, owner, or successor shall comply with the requirements of all applicable Departments/Agencies as part of the City of Miami building permitting process. 13. To operate outdoor dining the applicant, owner, or successor must obtain the three following items: 1) a building permit; 2) a new certificate of occupancy (CO); and 3) a new Certificate of Use (CU). 14. All tables, seating, furnishings, and other such associated material must be completely removable within twenty-four (24) hours. 15. The Applicant, owner, or successor must provide proof of submittal of plans for review by Miami -Dade County's Department of Environmental Resource Management ("DERM"), as part of the Warrant process to Planning staff. 16. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 17. Failure to comply with the conditions herein may result in the revocation of this Warrant in accordance with the City Code and shall be subject to any fines and penalties pursuant to City Code. 18. Pursuant to Article 7 Section 7.1.2.4.c.4, a Warrant 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, City of Miami Page 2 of 6 File ID: 13713 (Revision:) Printed On: 7/17/2023 for a period not to exceed an additional year, may be obtained if approved by the Planning Director. Outdoor Dining Area 2 — Second Floor Terrace 1. The Applicant's proposed Outdoor Dining Area 2 — Second Floor Terrace shall be in accordance with the plan entitled "A-7 — Proposed Second Floor Seating Plan", as prepared by the Architect of Record - Jeffery W. Smith, AR9772 on June 28, 2021 consisting of one sheet. 2. The Applicant's Outdoor Dining Area 2 — Second Floor Terrace approved under this permit shall operate with a total of 30 seats (including 30 ADA-compliant seats) and 12 tables (including 12 ADA-compliant tables). 3. Permitted Hours of Operation are Monday — Sunday, 10:00 a.m. — 11:00 p.m. And any modification(s) may require a new Warrant application. 4. Pursuant to Miami 21 Code, Article 5, Section 5.5.7 (T5), the average lighting levels measured at the Building Frontage shall not exceed 5.0 fc (foot-candles) and the lighting of the Building and contingent Open Spaces shall be compatible with street lighting of Abutting public spaces as illustrated in Article 8. 5. Pursuant to its companion item - PZ-21-11286: 1500 Brickell Ave -Certificate of Appropriateness, the Applicant will provide a "Noise Attenuation Plan" that will consist of a four-sided trellis system with integrated acoustic panels and a vegetated "Green Wall Project" that is specifically designed for the south side of the trellis. 6. The Applicant's Green Wall Project will consist of an acoustic panel sandwiched on both sides by either a "vegetative green wall" or "high quality, weather resistant faux plants" on the restaurant side and faux box -wood on the side facing residential neighbors. 7. The Applicant shall be responsible for sealing all of the Green Wall Project's joints to their "trellis system" and to prevent any spillover of Tight and noise to its abutting residential neighbors. 8. All associated HEPB approvals and conditions must be approved at the time of the issuance of the Building Permit. 9. Pursuant to Chapter 36, Section 36-5(a.) of the City of Miami Code of Ordinances: It shall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the city, to cause or suffer to cause the playing or operating of 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 such music boxes, jukeboxes, radios, musical instruments and other devices are played or operated in a closed building and the sound is not audible from outside the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. Upon a second conviction of violation of this section the city manager may, at his/her discretion, revoke any business tax receipt issued under chapter 31 to the business. 10. The Subject Property must comply with all Building Code regulations and shall not have any open Code violations. City of Miami Page 3 of 6 File ID: 13713 (Revision:) Printed On: 7/17/2023 11. The Applicant, owner, or successor shall comply with the requirements of all applicable Departments/Agencies as part of the City of Miami building permitting process. 12. To operate outdoor dining the applicant, owner, or successor must obtain the three following items: 1) a building permit; 2) a new certificate of occupancy (CO); and 3) a new certificate of Certificate of Use (CU). 13. All tables, seating, furnishings, and other such associated material must be completely removable within twenty-four (24) hours. 14. Applicant, owner, or successor must provide proof of submittal of plans for review by Miami -Dade County's Department of Environmental Resource Management ("DERM"), as part of the Warrant process to Planning staff. 15. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 16. Failure to comply with the conditions herein may result in the revocation of this Warrant in accordance with the City Code and shall be subject to any fines and penalties pursuant to City Code. 17. Pursuant to Article 7 Section 7.1.2.4.c.4, a Warrant 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. WHEREAS, on March 20, 2023, Tucker Gibbs, Esquire on behalf of Brickell I Condominium Association, Inc. ("Appellant") filed an appeal to the Planning, Zoning, and Appeals Board ("PZAB") of the approval of Warrant No. PZ-21-10881 with the Office of Hearing Boards; and WHEREAS, the appeal to the PZAB asserts that the Warrant is inconsistent with the Property's "Medium Density Multifamily Residential" land use designation; and WHEREAS, the Appellant further asserts that the Warrant was not reviewed in accordance with Section 7.1.2.4 and Article 4, Table 3 of the Miami 21 Code; and WHEREAS, the Appellant further claims that the restaurant use was improperly extended as approved by Historic and Environmental Preservation Board ("HEPB") to include the two (2) outdoor dining areas pursuant to Chapter 23-6.1 of City Code; and WHEREAS, on January 2, 1920, the Flagler and Mary Brickell re -subdivision was platted establishing block 55 lots 41 and 42 also known as 1500 Brickell Avenue; and WHEREAS, On May 31, 1983, the Miami City Commission, pursuant to Ordinance No. 9628, designated the subject property located at 1500 Brickell Avenue also known as "Petit Douy" as a Locally Designated Resource; and WHEREAS, On February 13, 2014, the Miami City Commission amended Chapter 23 entitled "Historic Preservation" and, more specifically, amended section 23- 6.1 entitled "Waivers, Exceptions, and Exclusions for Locally Designated Resources", to City of Miami Page 4 of 6 File ID: 13713 (Revision:) Printed On: 7/17/2023 allow the Historic and Environmental Protection Board (HEPB) to grant exceptions for restaurants and private clubs as allowable uses, except in T3 and T4, through a Certificate of Appropriateness process, when the result leads to the preservation of a Significant Historic Structure; and WHEREAS, On October 1, 2013, the HEPB pursuant to Resolution No. HEPB-R- 13-058 approved, with conditions, the applicant's request for a Special Certificate of Appropriateness (SCOA) to allow for the rehabilitation of the individually listed resource and its adaptive reuse as restaurant/ private club; and WHEREAS, on July 5, 2016, the HEPB, pursuant to Resolution No. HEPB-R-16- 035, approved, with conditions, the applicant's request for a SCOA to allow for the construction of a new outdoor trellis; and WHEREAS. on July 5, 2016, the HEPB, pursuant to Resolution No. HEPB-R-16- 036, approved, with conditions, the applicant's request for a SCOA requesting a parking waiver of 100% of the required parking per the Miami 21 Code; and WHEREAS, on June 6, 2017, the HEPB, pursuant to Resolution No. HEPB-R-17- 033, approved, with conditions, the applicant's request for a SCOA for construction of a sunken terrace, hardscape and landscaping improvements, and alterations to an existing historic coral rock wall; and WHEREAS, On November 16, 2017, Building Permit BD17-016912-001 for a Food Service/ Alcohol Service/ Entertainment Deli Restaurant (50 or more occupants) became Active and Ready of Inspection; and WHEREAS, on June 5, 2018, the HEPB, pursuant to Resolution No. HEPB-R-18- 041, approved, with conditions, the applicant's request for a SCOA for partial demolition of a coral rock wall, new construction, and landscaping; and WHEREAS, on July 3, 2018, the HEPB, pursuant to Resolution No. HEPB-R-18- 048 approved, with conditions, the applicant's request for a SCOA for alterations and landscaping; and WHEREAS, pursuant to Goal LU-2, 2.3 and 2.4 of the Miami Neighborhood Comprehensive Plan (MNCP) the City will preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic and archeological resources; and WHEREAS, the MNCP defines "Medium Density Multifamily Residential" as including Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of City of Miami Page 5 of 6 File ID: 13713 (Revision:) Printed On: 7/17/2023 service for such uses and that the Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s); and WHEREAS, restaurant and private club use and associated outdoor dining facilities promote the adaptive use of a historic resource; and WHEREAS, the PZAB has found that the application does not meet the applicable criteria described in Article 6, Section 6.3.2 and Article 7, Sections 7.1.1.2 and 7.1.2.4 of the Miami 21 Code; and WHEREAS, based on the testimony and evidence presented and after due notice and an opportunity to be heard was afforded to all parties and members of the public, it was found that there was competent substantial evidence in the record to grant the appeal; 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 Planning, Zoning, and Appeals Board ("PZAB") hereby grants the appeal of Warrant No. PZ-21-10881 and reverses the decision of the City's Planning Department to approve the Warrant. 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 become effective immediately upon its adoption. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 6 of 6 File ID: 13713 (Revision:) Printed On: 7/17/2023 rdr miami public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1305.498.1614 500' RADIUS MAP (N.T.S.) 1500 Brickell Avenue, Miami, FL 33129 (Folio: 01-4139-001-0270) Department of Finance Online Payments Receipt Your Reference Number: 2023199001-177 07/18/2023 12:31:54 PM Web_user TRANSACTIONS If you have a Transaction ID, please click here _.... , 2023199001-177-1 $2,972.00 TRANS ID: 992982 BUSINESS NAME: COM Lien Search $1, 500.00 FEE NAME: PUBLIC HEARING - APPEAL - ADVERTISING Lien Search $139.50 FEE NAME: PUBLIC HEARING - APPEAL - MEETING MAIL NOTICE - NEIGHBORS Lien Search $108.00 FEE NAME: PUBLIC HEARING - APPEAL - MEETING MAIL NOTICE - REGISTERED HOAS AND PERSONS Lien Search FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - APPLIC ANT/APPEALLANT Lien Search FEE NAME: APPEAL - WAIVER/WARRANT PAYMENT Visa Credit Sale CARD NUMBER: ************5399 FIRST NAME: Lou S LAST NAME Term nel o i IOlI CE2023 99001 77 ID $4.50 $1,220.00 TOTAL AMOUNT: $2,972.00 n $2,972.00