HomeMy WebLinkAboutStaff AnalysisDocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final dedsicn maybe aopealed to the Planning. Zoning and
Appeals Board byarry aggrieved party, witin fifteen U61 drys of the
date of posting by flung a written appeal and apprcplate ee xtth
the Heeling Boards O'wsion. locatedat4445W 2nd Avenue,
3rd Floor, Miami, FL 33130. Telephone number 505, 416-2030.
City of Miami
Planning Department
ANALYSIS FOR
WARRANT
Staff Analysis Report No.
PZ-21-10881
Location
1500 BRICKELL AV
Folio Number
0141390010270
Miami 21 Transect
"T5-R", Urban Center Zone - Restricted
MCNP Designation
Medium Density Multifamily Residential
Commission District
2 (City Commissioner: Vacant)
Department of Human
Service Neighborhood
Service Center
Downtown-Brickell (Temporary at OMNI CRA Building)
Planner
Darren Murphy, Planner II
Email: dmurphy@miamigov.com
Property Owner
Chateau Petit Douy, LLC
Email: kim.rasnake@gwlaw.com
Project Representative
Kimberly Rasnake-Bringuez
Email: kim.rasnake@gwlaw.com
A. REQUEST
Pursuant to Article 6, Section 6.3.2(1) and Article 7, Sections 7.1.1.2 and 7.1.2.4 of
Ordinance 13114 ("Miami 21"), as amended, the Chateau Petit Douy, LLC (the "Applicant")
requests the Use for two separate Outdoor dining areas (the "Outdoor Dining Area 1 —
Ground Floor" and the "Outdoor Dining Area 2 — Second Floor Terrace") by process of
Warrant. The property is located at 1500 Brickell Av, Miami, Florida (the "Property").
B. RECOMMENDATION
Pursuant to Article 6, Section 6.3.2(1) and Article 7, Sections 7.1.1.2 and 7.1.2.4 of Miami
21, as amended, the Planning Department recommends Approval with Conditions of the
Warrant application based upon the facts and findings in this staff report.
Staff Analysis Report No. (PZ-21-10881) — Page 1 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final dedsicn maybe aopealed to the Planning. Zoning and
Appeals Board byarry aggrieved party, witin fifteen U61 drys of the
date of posting by flung a written appeal and apprcplate ee xtth
the Heeling Boards O'wsion. locatedat4445W 2nd Avenue,
3rd Floor, Miami, FL 33130. Telephone number 505, 416-2030.
C. PROJECT DATA
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
"T6-48A-O",
Urban Core Zone -
Open
Restricted
Commercial
Office Building - Multistory:
Office Building
South
"T5-R",
Urban Center Zone -
Restricted
Medium Density
Multifamily
Residential
Residential - Total Value:
Condominium -Residential
East
"T6-24A-R",
Urban Core Zone -
Restricted
High Density
Multifamily
Residential
Religious - Exempt: Religious
West
"T3-R",
Sub -Urban Zone -
Restricted
Single Family -
Residential
Professional Service Bldg.:
Office Building
RELATED APPROVALS
Date
Action
October 1, 2013
Enactment Number: HEPB-R-13-058 - A Resolution of the Miami Historic
and Environmental Preservation Board approving with Conditions as
Specified in Exhibit "A", an Application for a Special Certificate of
Appropriateness for the Rehabilitation of an individually Listed Resource
and its Adaptive Reuse at approximately 1500 Brickell Avenue.
February 13, 2014
Enactment Number: 13429 - An Ordinance of the Miami City Commission
amending Chapter 23, Article 1 of the Code of the City of Miami, Florida,
as amended, entitled "Historic Preservation", more particularly by
amending Section 23-6.1 Entitled "Waivers, Exceptions, and Exclusions
for Locally Designated Historic Resources", to allow the Historic and
Environmental Preservation Board to grant Exceptions for Restaurants
and Private Clubs as Allowable Uses, except in T3 And T4 Transect
Zones, through the Certificate of Appropriateness process, when the result
leads to the preservation of a Significant Historic Structure; containing a
Severability Clause; and providing for an immediate effective date.
July 5, 2016
Enactment Number: HEPB-R-16-036 - A Resolution of the Miami Historic
and Environmental Preservation Board Approving, with Conditions, an
application for a Special Certificate of Appropriateness requesting a
Parking Waiver of one
hundred percent of the Parking required by Miami 21 for the Property
Located at 1500 Brickell Avenue, an individually Designated Historic
Resource.
Staff Analysis Report No. (PZ-21-10881) — Page 2 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final dedsicn maybe aopealed to the Planning. Zoning and
Appeals Board byarry aggrieved party, whin fifteen U61 drys of the
date of posting by flung a written appeal and apprcplate ee yAth
the Heeling Boards O'wsion. locatedat4445W 2nd Avenue,
3rd Floor, Miami, FL 33130. Telephone number 505, 416-2030.
September 4, 2018
A Special Certificate of Appropriateness (SCOA - FILE ID: 4577) — A
Resolution of the Miami Historic and Environmental Preservation Board
Approving with Conditions an Application for a Waiver of The Miami 21
Parking Standards for a 100% Parking Waiver on the site and a Waiver to
allow for a reduction in the minimum distance between vehicular entrances
for the property located at approximately 1500 Brickell Av, Miami, Florida,
33133, a locally Designated Historic Site and known as Petit Douy
September 4, 2018
Enactment Number: HEPB-R-18-053 - A Resolution of the Miami Historic
and Environmental Preservation Board approving with Conditions an
application for a Waiver of the Miami 21 Parking Standards for a 100%
Parking Waiver on the site and a Waiver to allow for a reduction in the
minimum distance between vehicular entrances for the Property located at
approximately 1500 Brickell Avenue, Miami, Florida, 33133, a locally
designated Historic Site and Known as Petit Douy
November 16, 2017
BD17-016912-001 - Food Service / Alcohol Service / Entertainment/Deli -
Restaurant (50 Or More Occupants), Active - Permit is Active. Ready for
Inspections.
D. BACKGROUND
Site Location & Surrounding Uses
The Property is located at the intersection of Brickell Av and SE 15 Rd and fronts Brickell Av to
the east and SE 15 Rd to the north, please see Figure 1. The Property's neighbors to the south
and west are residential in nature consisting of single family and multifamily residential homes.
Whereas, the Property's neighbors to north are multistory office buildings, and its neighbors to
the east are religious and multifamily residential.
Petit Douy 1500 Brickell Avenue — Designation Report (Summarized)
Petit Douy (the "Petit Douy House") is significant because it is a unique example of "Period
Revival style architecture" in Miami and is particularly noteworthy for the excellence of its
craftsmanship and detailing. In terms of the criteria for the historic designation, the City's
Historic Environmental Preservation Board (HEPB) used the following criteria:
Associated in a significant way with the life of a person important in the past.
The Petit Douy House was the residence of John Murrell from the time of its construction in
1931 until his death in 1982. Both John and his wife Ethel Murrell are recognized as prominent
local attorneys, known for their strong community activism.
Staff Analysis Report No. (PZ-21-10881) — Page 3 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final dedsicn maybe aopealed to the Planning. Zoning and
Appeals Board byarry aggrieved party, whin fifteen U61 drys of the
date of posting by flung a written appeal and apprcplate ee yAth
the Heeling Boards O'wsion. locatedat4445W 2nd Avenue,
3rd Floor, Miami, FL 33130. Telephone number 505, 416-2030.
Embodies those distinguishing characteristics of an architectural style, or period, or method of
construction.
The Petit Douy House is an outstanding example of "Period Revival" style architecture and is
Miami's only known example of a replicative French -style chateau.
Contains elements of design, detail, materials, or craftsmanship of outstanding quality or which
represent a significant innovation or adaptation to the South Florida environment.
Petit Douy House is particularly noteworthy for the excellence of its craftsmanship and detailing,
embodied in such features as its two octagonal towers with tent roofs, parapet roof and
dormers, crenellated garage roof, and trefoil arch windows with leaded or stained glass.
Historical Context - Historic Environmental Preservation Board (HEPB) - Special Certificate of
Appropriateness and Adaptive Use(s)
A HEPB Resolution (HEPB-R-13-058) was approved with Conditions for a Special Certificate of
Appropriateness (SCOA) for the rehabilitation of an individually listed resource and/or structure
called the "Petit Douy", and its Adaptive Use(s) located at 1500 Brickell Av.
Figure 1: Aerial view of the Property (cyan blue outline) at the intersection of Brickell Av and SW 15 Rd.
Staff Analysis Report No. (PZ-21-10881) — Page 4 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final dedsicn maybe aopealed to the Planning. Zoning and
Appeals Board byarry aggrieved party, whin fifteen U61 drys of the
date of posting by flung a written appeal and apprcplate ee yAth
the Heeling Boards O'wsion. locatedat4445W 2nd Avenue,
3rd Floor, Miami, FL 33130. Telephone number 505, 416-2030.
HEPB Resolutions — Commercial Uses allowed in a "T5-R" designated Transect Zone
In 2014, the Miami City Commission approved an HEPB-R-13-058, which amends Chapter 23-
6.1 (7)(c) of the City Code for locally designated Historic Resources", that being the Petit Douy,
to allow HEPB to grant exceptions for "Restaurants" and "Private Clubs" as allowable Uses
through the Certificate of Appropriateness (COA) process.
The Petit Duoy House — Historically Designated and the Change of Uses
The Petit Duoy House is a two-story Period Revival French Chateau that was built in 1931 and
designed by Architect Martin L. Hampton. The then -residential house was nominated for historic
designation in 1983 under Ordinance No. 9628 by the City's HEPB. Through a series of
successive HEPB-related resolutions (R-16-035 TRELLIS, R-16-036 Parking Waiver, R-17-033
SCOA, R-18-041 SCOA, R-18-048 SCOA, R-18-053 Parking Waiver), this structure has now
been converted into a two-story Restaurant called the "Chateau Miami Restaurant".
Parking Reduction (100%) through a "Parking — Waiver" and "Parking Plan — Warrant"
Based on a City -approved Building Permit (BD-86-3168) that was approved by the Building
Department on April 18, 1986, Miami 21's parking regulations do not apply per Miami 21, Article
7, Section 7.2.5. BD-86-3168 was approved for 13 parking spaces, please see Figure 2.
Pursuant to HEPB-R-18-058, this Resolution provided HEPB with the ability to authorize a
reduction of up to 100% of these 13 parking spaces that would ordinarily be required - except if
the "historic character" of the property would be modified or destroyed due to compliance with
Miami 21's parking requirements. This was implemented through HEPB-R-18-053 that
implemented a "Parking - Waiver" of one hundred percent (100%) of the parking required by
Miami 21 for the Property. Per Chapter 23-6.1.7(c.), prior to the issuance of a Certificate of Use
for any such Use (Restaurant or Private Club), a "Parking Plan — Warrant" must be approved by
process of Warrant pursuant to the provisions of Miami 21. Please note that this Parking
Warrant is a companion item (PZ-21-10883 — 1500 Brickell Av) to this Outdoor Dining - Warrant
application.
Proposal - the Chateau Miami Restaurant — Indoor and Outdoor Seating Plan
The Chateau Miami Restaurant consist of two stories of indoor dining with 169 seats (including
91 ADA-compliant seats) and 48 tables (including 33 ADA-compliant tables). As part of this
Warrant application, the Applicant is proposing two separate Outdoor dining areas: the "Outdoor
Dining Area 1 — Ground Floor" and the "Outdoor Dining Area 2 — Second Floor Terrace", please
refer to Figure 3. These two designated Outdoor Dining areas are an extension to the indoor
portion of the Chateau Miami Restaurant. The Seating and Table Plan for both the Outdoor
Dining Area 1 — Ground Floor and the Outdoor Dining Area 2 — Second Floor Terrace is shown
in Table 1, as shown below:
Staff Analysis Report No. (PZ-21-10881) — Page 5 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final cledsicn maybe aopealed to the Planning. Zoning and
Appeals Boardbya, aggrieeecl party, witin fifteen OS) clays of the
date of posting by flung a written appeal and apprcplate tee alth
the haling Boards O'wxion. located at4445W 2nd Avenue,
3rd Floor, Miami, FL 33130. Telephone number 505, 416-2030.
Indoor
Dining
Area
Outdoor Dining
Area 1 — Ground
Floor
Outdoor Dining
Area 2 — Second
Floor Terrace
Total
Seats
169
50
30
249
Seats (ADA-
compliant)
91
16
30
137
Tables
48
14
12
74
Tables (ADA-
compliant)
33
11
12
56
Area (sq. ft.)
7,125
790 (approximate)
600 (approximate)
8,515 (approximate)
Table 1: Indoor/Outdoor Seating Plan (seats, tables, and square footages)
Figure 2: City Building Permit (86-3168) approved on April 18, 1986 - Site Plan (SP-1) with 13 parking spaces
Staff Analysis Report No. (PZ-21-10881) — Page 6 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
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.
Figure 3: Proposed Site Plan - Outdoor Dining Area 1— Ground Floor (Red box) fronting SE 15 Rd) and Outdoor
Dining Area2 — Second Floor Terrace (Blue box) rear of the structure (Petit Douy)
Design Review Criteria: Outdoor Dining Areas and their Adjacent Neighbors
Last year, staff at the request of the Applicant, had an opportunity do a field visit to the Petit
Douy. This was very helpful in assessing the merits for each of the Applicant's two Outdoor
dining area locations. With this information garnered from this field visit, staff reviewed each
location individually based on Miami 21, Article 4, Table 12 — Design Review Criteria.
Outdoor Dining Area 1 — Ground Floor: Staff Will Be Reviewing Design Criteria:
Landscape Standards: Based on Figure 2, the area is setback 10 feet from the Principal
Frontage and is screened by shrubbery and large specimen trees. Since the Outdoor dining
area location is setback and screened from both the Principal and Secondary Frontages, the
Outdoor door dining will be screened from the public right-of-way. Finally based on the
Applicant's plan drawing A-2 — Proposed Site Plan, they are proposing 1,198.79 sq. ft. or 1,199
sq. ft. of Green Space, consisting of the preservation of multiple specimen trees and shrubbery,
that is located along the Principal and Secondary Frontages. This essentially acts as a mutually
beneficial vegetative screen from undesirable elements and adjacent neighbors, while
enhancing ambiance of the open space.
Staff Analysis Report No. (PZ-21-10881) — Page 7 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board lays, aggrieved party,vithin fifteen(]Shays d lie
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number t309416-2030.
Ambient Standards: Based on Figure 2, the area is setback 10 feet from the Principal Frontage
and is screened by shrubbery and large specimen trees/street trees. Furthermore, based on the
Applicant's plan drawing A-2 — Proposed Site Plan, they are proposing 1,198.79 sq. ft. of Green
Space that is located primarily along the Principal and Secondary Frontages. This essentially
acts as a vegetative screen from spillover effect of light pollution to Abutting neighbors and
traffic.
Outdoor Dining Area 2 — Second Floor Terrace:
Landscape Standards: Based on the Applicant's plan drawing A-05 — Existing and Proposed
Roof Plan, the approximate distance from the rear facade of the Petit Douy to its neighbor's
building facade is approximately 19'-6", please see Figure 4. The green wall is composed of
acoustic panels screened by live plantings on either side. The panels will be installed between
the framing of the previously approved metal trellis. The review is no longer "pending," this was
heard and approved at the February 1, 2022 HEPB meeting. The resolution has not been
rendered but will be titled HEPB-R-22-008.
Ambient Standards: Based on the Applicant's plan drawing A-5 — Proposed Roof Plan, the
approximate distance from the rear facade of the Petit Douy to its neighbor's building facade is
approximately 19'-6". To prevent light spillover to their Abutting residential neighbors to the rear
or south of the Property, the Applicant has proposed a ("Green Wall Project") that is composed
of acoustic panels screened by live plantings on either side, and the acoustic panels will be
installed between the framing of the previously approved metal trellis, please see Figure 5. The
Applicant's proposed Green Wall Project was heard and approved with conditions (HEPB-R-22-
008) at the HEPB's February 1, 2022 meeting.
Staff Analysis Report No. (PZ-21-10881) — Page 8 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
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.
Figure 4- Proposed Roof Plan, red box (the approximate distance (19'-6') between the adjacent residential neighbors
to the rear of the Petit Douy; blue box (the 2nd Floor Terrace)
Staff Analysis Report No. (PZ-21-10881) — Page 9 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
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.
Figure 5: PZ-21-11286 — Proposed Green Wall Installation — the trellis is located above the Second Floor Terrace
(the brown lattice structure) located in the bottom right-hand corner
E. ANALYSIS
Miami Comprehensive Neighborhood Plan (MCNP)
The Property is within the MCNP's Future Land Use (FLU) of "Medium Density Multifamily
Residential", please see Figure 6. The Abutting properties to the north have the FLU
designation of "Restricted Commercial", the Abutting properties to the east have the FLU
designation of "High Density Multifamily Residential, the Abutting properties to the south have
the FLU designation of "Medium Density Multifamily Residential", and the Abutting properties to
the east have the FLU designation of "Single Family Residential". "Medium Density Multifamily
Residential" areas allow residential structures to be a maximum of 65 dwelling units per acre.
Furthermore, there are permissible uses within medium density multifamily areas also include
commercial activities that are intended to serve the retailing and personal services needs of the
building or building complex, small scale limited commercial uses as accessory uses, subject to
the detailed provisions of applicable land development regulations. Finally, Restaurants and
Private Clubs are allowed only in "contributing structures" within "historic sites" or "historic
districts" that have been designated by the HEPB and are in suitable locations within the
"Medium Density Multifamily Residential" areas, pursuant to applicable land development
regulations and the maintenance of required levels of service for such uses. Density and
Staff Analysis Report No. (PZ-21-10881) — Page 10 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final dedsicn maybe aopealed to the Planning. Zoning and
Appeals Board byarry aggrieved party, whin fifteen U61 drys of the
date of posting by flung a written appeal and apprcplate ee yAth
the Heeling Boards O'wsion. locatedat4445W 2nd Avenue,
3rd Floor, Miami, FL 33130. Telephone number 505, 416-2030.
intensity limitations for said uses shall be restricted to those of the contributing structure(s).
Therefore, the proposed Use for the Outdoor dining areas as an extension of the Chateau
Miami Restaurant, a historically designated structure, conforms to this MCNP — FLU designation
of "Medium Density Multifamily Residential" and is found to be consistent.
Figure 6: Future Land Use Map — Single Family Residential (yellow shading), Medium Multifamily Residential (brown
shading), High Density Multifamily Residential (orange shading), and Restricted Commercial (red shading)
Miami 21 Code
The Property is in Miami 21's "T5-R", Urban Center Zone — Restricted, please see Figure 7.
This Transect Zone consists of higher Density Mixed -Use Building types that accommodate
retail and office Uses, rowhouses and apartments. A network of small blocks has Thoroughfares
with wide Sidewalks, steady street tree planting and Buildings set close to the Frontages with
frequent doors and windows. In terms of how this proposed Use of Outdoor dining areas
complies with this Transect Zone, staff will reference three guiding principles from Miami 21:
• Pursuant to Miami 21, Article 2, Section 2.1.3.1(a.): "The City should retain its natural
infrastructure and visual character derived from its location and climate, including
topography, landscape and coastline." Based on the applicant's plan drawing A-2 —
Proposed Site Plan, the Applicant's existing Lot Area is 4,495 sq. ft. and the amount of
existing/required Open Space is 24.60 percent or 1,105.77 sq. ft., whereas the
Applicant's proposed Open Space is 22 percent of 5,449 sq. ft. or 1,198.78 sq. ft.
consisting of multiple, mature specimen trees, unique oolite limestone walls on both
frontages (Brickell Av and SW 15 Rd), and the characteristic French Chateau
architectural style of the Petit Douy. Finally, the Petit Douy is built on a unique geological
Staff Analysis Report No. (PZ-21-10881) — Page 11 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board lays, aggrieved party,vithin fifteen(]Shays d lie
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number t309416-2030.
oolitic limestone ridge that is one of the highest points in Miami's "Brickell"
Neighborhood.
• Another Miami 21 guiding principle pertains to Miami 21, Article 2, Section 2.1.3.2(c.):
"The ordinary activities [such as dining] of daily living should occur within walking
distance of most dwellings, allowing independence to those who do not drive." The
Applicant's proposed Use of Outdoor Dining Areas, as part of the extension of the
Chateau Miami Restaurant, aligns with this goal due to its proximity to a variety of
mixed -uses (predominantly Residential and Office) with differing densities and
intensities, please see Table 2.
• Another Miami 21 guiding principle pertains to Article 2, Section 2.1.3.3(h.), [the]
"preservation and renewal of historic resources should be facilitated to affirm the
continuity of the community". The City's HEPB acted on this guiding principle by
nominating the Petit Douy as a historic designation in 1983 under Ordinance No. 9628.
This was the catalyst for successive HEBP-approved resolutions that allowed the Petit
Douy, and its allowed Use — Chateau Miami Restaurant.
Therefore, this proposed Use of Outdoor dining areas conforms to the applicable Miami 21
requirements and is found to be consistent.
Figure 7: Miami 21 Transect Zone Map — T3-R (yellow shading), T5-R (brown shading), T6-24A-R (purple), and
T6-48A-O (red shading)
Staff Analysis Report No. (PZ-21-10881) — Page 12 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board lays, aggrieved party,vithin fifteen(]Shays d lie
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number t309416-2030.
Warrant
Criteria 1: Miami 21, Article 2, Section 2.1.3.2(c.): "The ordinary activities [such as dining] of
daily living should occur within walking distance of most dwellings, allowing independence to
those who do not drive."
Analysis 1: Staff performed a "Walking Distance of All Addresses within a 1%-mile" (Study Area)
analysis to determine what percentage of various Building Function Uses, as defined under
Miami 21, Article 1, Section 1.1. Based on the results, "Office — Condominium" made up 13.10%
(715/5,456) and "Multi -Family Housing — Condo" made up 66.11% (3,607/5,456), please see
Table 2. Both Uses make up 79.21 percent of the total addresses. Based on this sheer number
of office workers and residents within this Study Area, the proposed Use of Outdoor dining
areas, as an extension of the Chateau Miami Restaurant, creates that perfect balance in
creating an activity, that being a dining destination, that is easily accessible and walkable to
many people.
Finding 1: complies
Staff Analysis Report No. (PZ-21-10881) — Page 13 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board lays, aggrieved party,vithin fifteen(]Shays d lie
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number t309416-2030.
LAND USE DESCRIPTION
COUNT PERCENTAGE
Board Of Public Instruction 1 0.02%
Extra Fea Other Than Parking 1 0.02%
Municipal 2 0.04%
Utility 2 0.04%
Vacant Land Government 2 0.04%
Hotel 4 0.07%
Multifamily 2 Living Units 6 0.11%
Religious 7 0.13%
Retail Outlet 11 0.20%
Private Park 13 0.24%
Dock - Total Value 21 0.38%
Vacant Land 27 0.49%
Residential - Single Family 28 0.51%
Parking/vacant Lot Enclosed 44 0.81%
Multifamily 3 Or More Units 51 0.93%
Reference Only 70 1.28%
Cooperative - Residential 98 1.80%
Commercial - Total Value 110 2.02%
Condominium - Timesharing 202 3.70%
Office Building 434 7.95%
Condominium - Commercial 715 13.10%
Condominium - Residential 3,607 66.11%
5,456 100%
Table 2: Associated Uses and associated City Addresses within a %-mile of the Property. Source: City of Miami's GIS
Portal
NEIGHBORHOOD SERVICES
Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the Planning Department has
made referrals to the agencies below:
• Office of Zoning
• Neighborhood Service Center — Wynwood/Edgewater
• Office of Code Compliance
• Department of Resilience & Public Works
Staff Analysis Report No. (PZ-21-10881) — Page 14 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board lays, aggrieved party,vithin fifteen(]Shays d lie
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number t309416-2030.
G. FINDINGS
Outdoor Dining Area 1 — Ground Floor
1. Pursuant to Miami 21, Article 6, Section 6.3.2(1) permits the Use for Outdoor dining area
by process of Warrant.
2. The property is located at the intersection of Brickell Av and SE 15 Rd.
3. The Property is located within the "T5-R", Urban Center Zone - Restricted Transect Zone
and the FLU -designated "Medium Density Multifamily Residential" land use.
4. The Applicant's proposed Parking Waiver — Warrant is linked to the Parking Plan -
Warrant, that is being processed concurrently with this Warrant Application - ePlan
application (File ID: PZ-21-10883) that is located at 1420 SW 1 Ct.
5. Per Resolution: HEPB-R-13-058, this property came before the HEPB in 2013 with an
application for rehabilitation and an exception for "Change of Use" which was approved,
and the project included the restoration and addition to the Petit Douy House, as part of
its conversion to the allowed Uses: Restaurant and Private Club.
6. The proposed Use of the Outdoor Dining Area 1- Ground Floor is an extension of the
Applicant's indoor restaurant — the Chateau Miami Restaurant.
7. Based on the Applicant's plan drawing, A-6 — the proposed First Floor Seating Plan, the
Outdoor Dining Area 1 — Ground Floor is approximately 790 sq. ft. with 50 seats
(including 16 ADA-compliant seats) and 14 tables (including 11 ADA-compliant tables).
8. Based on the Applicant's Letter of Intent, PZD-1, the proposed Chateau Miami
Restaurant's Indoor/Outdoor Hours of Operation are Monday — Sunday, 10:00 a.m. -
12:00 a.m.
9. There is no construction, remodeling, tree removal, planting and/or relocation proposed
as part of this Warrant application. Therefore, no additional building or landscape plans
are required.
10. Planning Department and Office of Zoning comments were provided in ePlan pursuant
to a comprehensive review of the application materials. All comments have been
addressed through the ePlan review process.
11. Notices were sent to all abutting property owners and registered associations in the
Department of Human Service Neighborhood Service Center — "Downtown-Brickell
(Temporary at OMNI CRA Building" area by certified mail on or about 11/24/2021
12. The Planning Department received objections to the Warrant application, by email, from
the Brickell Homeowners Association regarding their "collective" concerns for the
following issues:
• Outdoor dining area on the restaurant's second floor balcony, which directly
faces the bedrooms and living rooms of residential condominiums at
approximately twenty -foot distance should not be allowed.
Staff Analysis Report No. (PZ-21-10881) — Page 15 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board lays, aggrieved party,vithin fifteen(]Shays d lie
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number t309416-2030.
• No amplified sound, live music, DJ's or announcers should be allowed in the
outdoor areas/spaces of the restaurant.
• Outdoor dining operations should be limited to lunch and dinner with service
suspended prior to midnight.
13. The Applicant has submitted the necessary information, which is attached to this file,
and is considered an official record on file with the Planning Department. Furthermore,
the Applicant's Warrant application demonstrates compliance with the guidelines and
criteria required for this type of permit, as specified in the Miami 21.
14. Pursuant to Article 7, Section 7.1.2.4 of the Miami 21, the City of Miami Zoning
Ordinance, the application has been reviewed and found sufficient.
Outdoor Dining Area 2 — Second Floor Terrace
1. Pursuant to Miami 21, Article 6, Section 6.3.2(1) permits the Use for Outdoor dining area
by process of Warrant.
2. The property is located at the intersection of Brickell Av and SE 15 Rd.
3. The Property is located within the "T5-R", Urban Center Zone - Restricted Transect Zone
and the FLU -designated "Medium Density Multifamily Residential" land use.
4. The Applicant's proposed Parking Waiver — Warrant is linked to the Parking Plan -
Warrant, that is being processed concurrently with this Warrant Application - ePlan
application (File ID: PZ-21-10883) that is located at 1420 SW 1 Ct.
5. Per Resolution: HEPB-R-13-058, this property came before the HEPB in 2013 with an
application for rehabilitation and an exception for "Change of Use" which was approved.
The project included the restoration and addition to the Petit Douy House, as part of its
conversion to a Restaurant/Private Club Uses.
6. The proposed Use for an Outdoor Dining Area 2 — Second Floor Terrace is an extension
of the Applicant's indoor restaurant — the Chateau Miami Restaurant.
7. Based on the Applicant's plan drawing, A-7 — Proposed Second Floor Seating Plan, the
Outdoor Dining Area 2 — Second Floor Terrace is approximately 600 sq. ft. with 30 seats
(including 30 ADA-compliant seats) and 12 tables (including 12 ADA-compliant tables)
8. Based on the Applicant's Letter of Intent, PZD-1, the proposed Chateau Miami
Restaurant's Indoor/Outdoor Hours of Operation are Monday — Sunday, 10:00 a.m. -
12:00 a.m.
9. The Applicant's proposed Green Wall Project, consisting of a trellis and acoustic panels,
was heard and approved at the HEPB's February 1, 2022 meeting. The resolution has
not been rendered but will be titled HEPB-R-22-008.
10. The southside of the Green Wall project will consist of an acoustic panel sandwiched on
both sides by a "Green Wall" that is covered by vegetation with an integrated hydration
delivery system and will act as a both a visual and sound barrier.
Staff Analysis Report No. (PZ-21-10881) — Page 16 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board lays, aggrieved party,vithin fifteen(]Shays d lie
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number t309416-2030.
11. There is no construction, remodeling, tree removal, planting and/or relocation proposed
as part of this Warrant application. Therefore, no additional building or landscape plans
are required.
12. Planning Department and Office of Zoning comments were provided in ePlan pursuant
to a comprehensive review of the application materials. All comments have been
addressed through the ePlan review process.
13. Notices were sent to all abutting property owners and registered associations in the
Department of Human Service Neighborhood Service Center — "Downtown-Brickell
(Temporary at OMNI CRA Building" area by certified mail on or about 11/24/2021
14. The Planning Department received objections to this Warrant application, by email, from
the Brickell Homeowners Association regarding their "collective" concerns for following
issues:
• Outdoor dining area on the restaurant's second floor balcony, which directly
faces the bedrooms and living rooms of residential condominiums at a twenty -
foot distance, should not be allowed.
• No amplified sound, live music, DJ's or announcers should be allowed in the
outdoor areas/spaces of the restaurant.
• Outdoor dining operations should be limited to lunch and dinner with service
suspended prior to midnight.
15. The Applicant has submitted the necessary information, which is attached to this file,
and is considered an official record on file with the Planning Department. Furthermore,
the Applicant's Warrant application demonstrates compliance with the guidelines and
criteria required for this type of permit, as specified in the Miami 21.
16. Pursuant to Article 7, Section 7.1.2.4 of the Miami 21, the City of Miami Zoning
Ordinance, the application has been reviewed and found sufficient.
H. CONCLUSION
Based on the above findings and the considered advice of the offices and agencies
consulted on this matter, and pursuant to Article 6, Section 6.3.2(1) and Article 7.1.2.4 of
Miami 21, the Applicant's requested Use of an Outdoor dining area is Approved with
Conditions subject to the plans on file with the Planning Department and the following
conditions found in "SECTION I. CONDITIONS" of this Decision Letter listed below:
Staff Analysis Report No. (PZ-21-10881) — Page 17 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board lays, aggrieved party,vithin fifteen(]Shays d lie
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number t309416-2030.
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 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 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.
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.
Staff Analysis Report No. (PZ-21-10881) — Page 18 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board lays, aggrieved party,vithin fifteen(]Shays d lie
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number (309416-2030.
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.
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 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.
Staff Analysis Report No. (PZ-21-10881) — Page 19 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board lays, aggrieved party,vithin fifteen(]Shays of Ole
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number (309416-2030.
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. 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.
Staff Analysis Report No. (PZ-21-10881) — Page 20 of 21
2/22/2023
DocuSign Envelope ID: ADFB88A7-1D1F-41B9-88D9-AB2A35B579E8
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DocuSigned by:
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Lakisha Hull, AICP, LEED AP BD+C
Planning Director
DocuSigned by:
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Sevanne Steiner, Interim Chief
Land Development
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Digitally signed by
Murphy, Darren
Date: 2023.02.22
Darren 11:14:32-05'00'
Darren Murphy, Planner II
Land Development
NOTICE
This final decisicn maybe appealed to the Planning. Zoning and
Appeals Board layarry aggrieved party,viu;n fifteen(19days of Ole
date of posfirg by filing a waltten appeal and app prlate lee
yAth
the Healing Boards Division. located at4445W 2rd Avenue,
3rd Rao,, Miami, FL 33130. Telephone number t309416-2030.
The Final Decision of the Planning Director, or his designee, may be appealed to the
Planning, Zoning and Appeals Board by any aggrieved party within fifteen (15) days of the
date of the posting of the decision on the City's website. The filing of an appeal, and
payment of appropriate fee, may be submitted online at
https://www.miamigov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver.
Staff Analysis Report No. (PZ-21-10881) — Page 21 of 21
2/22/2023