HomeMy WebLinkAboutR-23-0469City of Miami
Resolution R-23-0469
Legislation
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.
City of Miami Page 1 of 8 File ID: 14436 (Revision: A) Printed On: 7/14/2025
File ID: 14436 Enactment Number: R-23-0469
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
City of Miami Page 2 of 8 File ID: 14436 (Revision: A) Printed on: 7/14/2025
File ID: 14436 Enactment Number: R-23-0469
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.
City of Miami Page 3 of 8 File ID: 14436 (Revision: A) Printed on: 7/14/2025
File ID: 14436 Enactment Number: R-23-0469
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
City of Miami Page 4 of 8 File ID: 14436 (Revision: A) Printed on: 7/14/2025
File ID: 14436 Enactment Number: R-23-0469
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
City of Miami Page 5 of 8 File ID: 14436 (Revision: A) Printed on: 7/14/2025
File ID: 14436 Enactment Number: R-23-0469
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.
City of Miami Page 6 of 8 File ID: 14436 (Revision: A) Printed on: 7/14/2025
File ID: 14436 Enactment Number: R-23-0469
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
City of Miami Page 7 of 8 File ID: 14436 (Revision: A) Printed on: 7/14/2025
File ID: 14436 Enactment Number: R-23-0469
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.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 10/31/2023
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.
City of Miami Page 8 of 8 File ID: 14436 (Revision: A) Printed on: 7/14/2025