Loading...
HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14436 Title: A RESOLUTION OF MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL FILED BY CHATEAU PETIT DOUY, LLC ("APPLICANT"), OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY AFFIRMING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-21-10881, WITH CONDITIONS, 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; ADDING ADDITIONAL STIPULATED CONDITIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION(S): Approximately 1500 Brickell Avenue APPLICANT(S): Mr. Louis J. Terminello, Esquire, on behalf of Chateau Petit Douy, LLC APPELLANT(S): Mr. Louis J. Terminello, Esquire, on behalf of Chateau Petit Douy, LLC PURPOSE: To appeal the reversing of a warrant issued for Outdoor Dining. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On June 28, 2023, recommended approval by a vote of 5-3. City of Miami Legislation Resolution Enactment Number: R-23-0469 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14436 Final Action Date:10/12/2023 A RESOLUTION OF MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL FILED BY CHATEAU PETIT DOUY, LLC ("APPLICANT"), OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY AFFIRMING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-21-10881, WITH CONDITIONS, 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; ADDING ADDITIONAL STIPULATED CONDITIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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. 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 Code of the City of Miami, Florida, as amended ("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, 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 light 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. 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 asserted that the Warrant is inconsistent with the Property's "Medium Density Multifamily Residential" land use designation; and WHEREAS, the Appellant further asserted 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 alleged 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, the Appellant submitted a noise study ("Noise Study Report") prepared by Edward Dugger of Edward Dugger + Associates, P.A. to PZAB evaluating noise and acoustics with respect to outdoor dining within the Project; and WHEREAS, on June 28, 2023, the PZAB the Applicant proffered the following additional Conditions which the Planning Department supports incorporating into the final conditions of the Warrant: 1. Limit the 2nd floor terrace to 24 seats. 2. Prohibit a subwoofer to limit ambient noise. 3. Limit hours of operation of the 2nd floor terrace to 4-11 pm. 4. Prohibit private events of the 2nd floor terrace. 5. Close the 2nd floor terrace on Sundays. WHEREAS, on June 28, 2023, the PZAB, 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, found that there was competent substantial evidence in the record to grant the appeal and adopted Resolution No. PZAB-R-23-076 by a vote of five to three (5-3); and WHEREAS, on July 18, 2023, the Applicant appealed PZAB's approval of the appeal to the City Commission and claims, in sum, that the issuance of the Warrant was based on staff analysis that the out dining is compatible with the landscape standards, ambient standards and the surrounding neighborhood, complying with Miami 21 and that the Appellant presented no competent substantial evidence in opposition; and WHEREAS, based on the testimony and evidence on the record, after due notice 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 reverse the decision of the PZAB, which reversed the Planning Department's approval of Warrant No. PZ-21-10881; and WHEREAS, at the October 12, 2023, City Commission meeting the Appellant and Appellee announced that they had agreed to settle the appeal wherein they stipulated that the City Commission should grant the appeal subject to the inclusion of seven (7) additional conditions; and WHEREAS, for the reasons included in the record, the City Commission grants the appeal, reverses the adoption of Resolution No. PZAB-R-23-076 by the Planning, and affirms the issuance of the Warrant; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The appeal of Warrant No. PZ-21-10881 is granted and the decision of the Planning Zoning and Appeals Board is reversed thereby affirming the City Planning Department's approval of the Warrant, subject to the following additional conditions stipulated by Appellee and the Appellant: 1. The total patron seating capacity for the second floor terrace shall be limited to 20 seats. 2. Hours of operation for the second floor terrace on Mondays through Thursdays, shall be from 4:00 p.m. to 10:30 p.m.; and on Monday through Thursdays no patrons shall be seated within the 2d floor terrace after 9:00 p.m., with food and beverage service completed and turned no later than 10:30 p.m. 3. Hours of operation for the second floor terrace on Fridays and Saturdays, shall be from 4:00 p.m. to 11:00 p.m.; and on Fridays and Saturdays no patrons shall be seated within the second floor terrace after 10:00 p.m., with food and beverage service completed and turned no later than 11:00 p.m. 4. There shall be no outdoor dining or beverage service on Sundays on the second floor terrace. 5. There shall be no outdoor speakers, amplified music, live music, or smoking on the second floor terrace. 6. There shall be no bar on the second floor terrace. 7. There shall be no private events, including but not limited to weddings and birthday parties, on the second floor terrace; provided that standard dining reservations for 20 or fewer persons seated on the 2nd floor terrace shall not be construed to be a prohibited "private event" as contemplated hereunder. Section 3. In addition to the above stipulated conditions, the following conditions, as recommended by the Planning Department and stated herein, are adopted as conditions of the Warrant, in the event of a conflict between the Planning Department's conditions and the stipulated conditions, the stipulated conditions set forth above shall prevail: 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. 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 Code of the City of Miami, Florida, as amended ("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, 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 light 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. 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. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Resolution shall be effective immediately upon its adoption and signature of the Mayor. 1 APPROVED AS TO FORM AND CORRECTNESS: 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar 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.