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HomeMy WebLinkAboutPZAB (13713) ResolutionCity 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 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. 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 CFN: 20180471808 BOO EXHIBIT A TO DEED LEGAL DESCRIPTION This final decisicn maybe aopealed to the Planning. Zoning and Appeals Board byarry aggrieeecl party, vst a fifteen OS) clays of the date of posting by flung a written appeal and apprcplate tee alth the Heeling Boards O'wsion. Iocatedat4445W 2nd Avenue, 3rcl Floor, Miami, FL 33130. Telephone number 505, 416-2030. The Land referred to herein bebw is situated in the County of Miarni-Dade, State of Florida, and Is described as fol owns: LOTS 41 AND 42, BLOCK 55, OF FLAGLER, ACCORDING TO THE FIAT THEREOF, RECORDED IN PLAT BOOK 5 PAGE 44, OF THE PUBLIC RECORDS OF MiAMI•DADE COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION OF LOT 42, BLOCK 5S, BItICKELLS FLAGLER, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 49, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AS DESCRIBED IN WARRANTY DEED RECORDED ON MAY 5, 1986, IN OFFICIAL RCCORt)S BOOK 12877, AT PAGE 2896 OF THE PUBLIC RECORDS OF MIAMI•DADE COUNTY, ROM DA, BEING MORE PARTICULARLY D€.SCRIBED AS FOLLOWS: THE ExTERNAL AREA OF A CIRCULAR CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE SG FEET NOR7f1WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF BRICKELL AVENUE AM) 50 FEET SO JTi!WESTERLY OF ANO PARALLEL WITH THE CENTERLINE OF SE 15 ROAD.