HomeMy WebLinkAboutPZAB Mtg Presentation (4.19.23)tit nf
ARTHUR NORIFGA, V
City Manager
April 19, 2023
Planning and Zoning Appeals Board
3500 Pan American Drive
Miami, FL 33133
Re: Request to Uphold the Planning Director's Approval of Warrant PZ-21-10881
Dear Planning and Zoning Appeals Board Members,
On March 20, 2023, the Planning Department received an appeal on Warrant No. PZ-21-10881 from W. Tucker
Gibbs on behalf of Lofts of Brickell I Condominium Association, Inc., located at 1528 Brickell Avenue. The
original approval for Warrant No. PZ-21-10881 for the outdoor dining use in two areas on the property located
at 1500 Brickell Avenue was issued on March 6, 2023.
The enclosed document provides an overview of the Planning Department's analysis and responses of the
three appeal issues, as submitted by the appellant. Based on the analysis and subsequent response provided,
the Planning Department respectfully requests for the Planning and Zoning Appeals Board to uphold the
approval of the Planning Director for Warrant No. PZ-21-10881.
Thank you in advance for your time and consideration of this request.
Sincer
a ha Hul,
Planning Director
PLANNING DEPARTMENT
444 S.W. 2nd Avenue, 3rd Floor / Miami, Florida 33130 / Phone: (305) 416-1400 Fax (305) 416-2156
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
PRESENTATION
Appeal of Warrant No. PZ-21-10881 to allow the Petit
Duoy, LLC) the Use of two Outdoor Dining Areas located
at 1500 Brickell Av
Sevanne Steiner, Assistant Director
Darren Murphy, Planner II
INTRODUCTION
Staff Analysis Report No.:
PZ-21-10881
Location:
1500 BRICKELL AV (the "Property")
Folio Numbers
0141390010270
Miami 21 Code Transect
"T5-R", Urban Center Zone — Restricted
MCNP Designation
Medium Density Multifamily Residential
Commission District
2 (City Commissioner: Sabina Covo)
Department of Human Service
Neighborhood Service Center
Coconut Grove
Planner
Darren Murphy, Planner II;
dmurphy@miamigov.com
Property Owner
Chateau Petit Douy, LLC
Project Representative
Kimberly Rasnake-Bringuez
Current Use
Food Service Establishment (Restaurant)
REQUEST:
Pursuant to Miami 21 Code", the Chateau
Petit Douy, LLC (the "Applicant") requests
the Commercial "Use" for two (2) separate
Outdoor dining areas by process of
Warrant:
• "Outdoor Dining Area 1—Ground
Floor"
• "Outdoor Dining Area 2 — Second
Floor Terrace"
REQUEST, ZONING & AERIAL
OVERVIEW OF THE SITE
1/2/1920
• The Flagler and Mary Brickell re -subdivision
was platted establishing block 55 lots 41 and
42 also known as 1500 Brickell Avenue
1931 (circa)
• The Petit Douy House was the residence of
John Murrell from the time of its
construction circa 1931 until his death in
1982. Both John and his wife Ethel Murrell
are recognized as prominent local attorneys
and known for their strong community
activism.
5/31/1983
• 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.
lir REQUEST, ZONING & AERIAL
OVERVIEW OF THE SITE
Petit buy Built in 1931
Figure 3: Petit Douy Progress on December 11,
1931
DRAWING: FIRST FLOOR
SEATING PLAN (A06)
CONDITIONS OF APPROVAL,
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
2. Record - Jeffery W. Smith, AR9772 on June 28, 2021, consisting of one shee
3. 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
).
is not a part of this V .. a ant and shall b, reviewed under a sepaa ate permit application.
5. Placement of any umbrellas, canopies, and/or shade apparatuses is not a part of this Warrant application and
chall hp rpviptAFPri i inrdPr a cPnaratP annliratinn ci ihmittal
6. 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.
. r1aiy auuiLiviicai CANaiI.ivia caiaaa/vi II1udificatiuiaJ IL/ LIiL aF,NaVVCa.A Mall urawings may require a new Warrant
application.
8. 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 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.
lr CONDITIONS OF APPROVAL,
OUTDOOR DINING AREA 1—
GROUND FLOOR
10. 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:'
11. All associated HEPB approvals and conditions must be approved at the time of the issuance of the Building
Permit.
owne1, suL,.essorshall with the iequiremen all applicable Liejartrri its/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 2) a new certificate of Certificate of Use (CU).
14. All tables, seating, furnishings, and other such associated material must be completely removable within twenty-
four (24) hours.
15. 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. 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 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.
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fiDRAWING: SECOND FLOOR
SEATING PLAN (A07)
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CONDITIONS OF APPROVAL,
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 R , .,," '',ffery W. Smith, AR9772 on
'une 28, 2021 -sisting r 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.
CONDITIONS OF APPROVAL,
OUTDOOR DINING AREA 2 —
SECOND FLOOR TERRACE
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. 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 2) 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 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
Appeal Basis 1:
The Warrant is inconsistent with subject property's Miami
Comprehensive Plan Amendment's (MCNP) Future Land Use
Designation of "Medium Density Multi -Family Residential"
MNCP Findings:
• Interpretation of Future Land Use Map:
"Medium Density Multi -Family Residential" - 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 service for such uses. Density and intensity
limitations for said uses shall be restricted to those of the
contributing structure(s).
• Resolution No. HEPB-R-13-058
On 10/1/2013 HEPB 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.
• Goal LU-2, 2.3 and 2.4: Pursuant to of the MCNP, 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.
Appeal Basis 2:
The Warrant fails to comply with Article 7, Section 7.1.2.4, and the
permitted Uses listed in Article 4, Table 3 of the Miami 21 Zoning
Code..
Miami 21 and City Code Finding:
Chp. 23, Sec. 23-6.1(3): Additional allowable uses which
include restaurants and private clubs, as they are respectively
defined in Sec. 4-2 of the City Code, will also be classified as
exceptions and may be allowed except in T3 and T4 transect
zones. Such uses shall be permissible only within existing
structures that are individually designated or contributing
resources within a designated historic district or thematically -
related historic resources within a multiple property
designation as identified in the designation report prepared
pursuant to chapter 23".
• Resolution No. HEPB-R-13-058
On 10/1/2013 HEPB 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.
Appeal Basis 3:
The Director improperly "extended" the restaurant use approved by
the Historic and Environmental Preservation Board (HEPB) to include
the two areas outside the existing historic structure when she
approved the Warrant.
Planning Department Findings:
• The entire property is designated as a Historic Resource
• The entire property is being adaptively reused
Elw
5/31/1983
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.
10/1/2013
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.
2/13/2014
The Miami City Commission, pursuant to Ordinance No. 13429, amended
Chapter 23 entitled "Historic Preservation" more specifically, amended section
23-6.1 entitled "Waivers, Exceptions, and Exclusions for Locally Designated
Resources", to allow the City of Miami's Historical Environmental Preservation
Board ("HEPB") to grant exceptions for "Restaurants" and "Private clubs" as
allowable uses, except in Miami 21 Code's "T3" and "T4" Transect Zones, through
a Certificate of Appropriateness process.
7/5/2016 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.
7/5/2016 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.
6/6/2017 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.
6/5/2018 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.
7/3/2018 The HEPB, pursuant to Resolution No. HEPB-R18-048, approved, with conditions,
the applicant's request for a SCOA to permit exterior alterations, including the
installation of a second -story terrace trellis and landscaping.
2/1/2022 The HEPB, pursuant to Resolution No. HEPB-R-22-008, approved with conditions
on a modification to a previously approved Special Certificate Of
Appropriateness to construct and erect a green wall and acoustic panel system
on a trellis proposed on the second story terrace.
CONCULSION
REQUEST:
Pursuant to Miami 21 Code", the Chateau Petit
Douy, LLC (the "Applicant") requests the
Commercial "Use" for two (2) separate Outdoor
dining areas by process of Warrant:
• "Outdoor Dining Area 1—Ground Floor"
• "Outdoor Dining Area 2 — Second Floor
Terrace"
The Planning Department Approves with
Conditions the Outdoor Dinning Warrant