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Home My WebLink AboutSubmittals at PZAB Mtgs (4.19.23, 5.17.23 and 6.28.23)#ROte 1I: City f!f Miami NOTICE Lairgi.nd lintore x fermaxa-e e.m w r dea¥weon wets mra-rao req mcn naan wAr...O eer G Goa lea'MCM dd Wel Pore, r:nces a: .,mate n r�v�cwR.� pia ANALYSIS FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS APPLICANT: Leslie Pearce, Smith Architectural Group PROJECT ADDRESS: 1500 Brickell Ave. NET OFFICE: Downtown-Brickell COMMISSION DISTRICT: District 2(Ken Russell) STATUS: Individually Designated FILE ID: PZ-21-11286 ZIP: 33129 HEARING DATE: 2/4/2022 TDRs: Eligible, Approved PZ-21-11286 04118123 46.VI EW CO A. GENERAL INFORMATION: REQUEST: Pursuant to Section 23-6.2(b)(4) of the City Code of Ordinances, as amended, the Applicant is requesting a modification to a previously approved Special Certificate of Appropriateness to permit the addition of a green wall, acoustic panel system on a trellis proposed on a second story roof terrace on a parcel zoned T5-R "Urban Center Transect Zone". The subject property is an individually designated site known as Petit Douy located within the Flagler and Mary Brickell Re -subdivision and the Downtown-Brickell Net Area. The site is approximately located on the southwest corner of Brickell Avenue and Southeast 15 Road. s Folio:0141390010270 Lot Size: Approximately 15,286 sq. ft. B. BACKGROUND: 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. 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. On February 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 HEPB to grant A.Pernas Petit Douy, 1500 Brickell Avenue File No. PZ-21-11286 2/4/2022 Page 1 of 7 RO v exceptions for restaurants and private clubs as allowable uses, except in T3 and Certificate of Appropriateness process. On October 1, 2013, the HEPB pursuant to resolution No. HEPB-R-13-058 app conditions, the applicant's request for a Special Certificate of Appropriateness (SCOA) t o the rehabilitation of the individually listed resource and its adaptive reuse as restaurant/private NOTICE aPre„aaann�ne wtr+a; rwerr ,xaewe.wee Owen ann xr1catnmqurem.rm Chwerroll die COry NA...rade IXUMna cask arnendea ad HN3,1'.9i.G,iderts 46.6 PZ-21-11286 04/18123 cu ',DEW C 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. 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. 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. 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. On July 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. On September 4, 2018, the HEPB, pursuant to Resolution HEPB-18-053, approved, with conditions, the applicant's request 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. C. COMPREHENSIVE PLAN: The subject property is an individually designated historic resource. Pursuant to Goal LU-2, 2.3 and 2.4 of the Miami Neighborhood. Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration r and public awareness of Miami's historic and archeological resources. " A.Pernas Petit Douy, 1500 Brickell Avenue File No. PZ-21-11286 2/4/2022 Page 2 of 7 D. PHOTOS: Previously Approved Second Story Terrace: A.Pernas 2/4/2022 NOTICE Cvahxer d H.., and nmorm,GA sarrzen 8oaio wupant. trey ,rarkr an, d Sapma V W na{ygM31xC. a":Vrarr . x ar r4:dadke,..cdeign Gashes PZ-21-11286 04/18/23 / Petit Douy, 1500 Bride!! Avenue File No. PZ-21-11286 Page 3 of 7 Proposed Green Wall Installation: A.Pernas 214/2022 NOTICE o-� ,a� and ma miex4 awYtett n+Msm�narr ..M:ra ter2'- aab Pas.aatle Rum amaa. J'1 11W mono...caw 7:xdralma. y.�.d,Tn rie l+etme 0.�9^ r�i ttin PZ-21-11286 04/18123 Petit Douy,'1500 Brickell Avenue File No. PZ- Page 4 a87 E. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Prope T5-R: Urban Center Transect Zone NOTICE �yERr 3xtb [ (HEM r G Mslr/i dd FrtrtllT atpterr wmcam:as" m..., " rnncHaxu'" muxic "wec ea. a.Erekil PZ-21-11286 04118123 FUTURE LAND USE DESIGNATION Medium Density Multi -family Residential Maximum of 65D.U. per acre Surrounding Pro ep rties NORTH: T6-48A-0: Urban Core Transect Zone Restricted of CommercialD.U. per acre SOUTH: T5-R: Urban Center Transect Zone Medx mu De 6ty Uultpeamr ily Residential MEAST: T6-24A-R. Urban Core Transect Zone MghmDensity MgD U pMulti-famiier acre y ential o WEST: T3-R: Sub -Urban Transect Zone Single-family Residential Maximum of 9D,U. per acre A.Pernas 2/412022 Petit Douy,1500 Brickell Avenue File No. PZ- 9e 1 a87 F. ANAL The following is a review of the request pursuant to Section 23-6.2(b)(4) of the City Code o the Preservation Office Historic Design Guidelines, the Secretary of the Interior's Standards, 21 Code. Analysis: The he applicant is requesting a modification to a previously approved Special Certificate y of Appropria teness to permit the addition of a green wall, acoustic panel system on a trellis proposed on a second story roof terrace. Roof Terrace The applicant is proposing to install an acoustic paneln system ttele titian on the roof olf columns of c.2015 the trellis proposed at the second story terra pro addition. The panels will be disguised by a green wall coveredn and scgre atithis This f om the modification will provide a reduction in sound trans residential units to the south. This proposal can be supported as the trellis and green wall/acoustic panel system will be installed on a The terrace and later taddition, additions are shall be screened historic structure, and can easily be removed. Th from Brickell Avenue by landscaping. Findings: Consistent G. NEIGHBORHOOD SERVICES: Building NET Environmental Resources Required Required Not Required NOTICE (AM rev. od,sun da+[Pl`rtiarmnn rr.rvrean re,merev udetCN,aer 1i aaq#Tcaate reya :i CrapkrvadKwa than G. avdar.es uencwmcaw+,r FA PZ-21-11286 04/18123 1EW H. CONCLUSION: The application is found to be in compliance with Chapter23 entled wi Histothe isaPreseryeatiion" of the he City of Miami Code of Ordinances. Staff finds the requestcomplies finds that the request for a Special Certificate of Appropriatenessdo not llteverons nde landscaping the historl to an individually designated resource known as Petit Do y architectural, or aesthetic character or the aesthetic interest or vatled lue of historic resource ed subject to the following conditions as stipulated in subsection 1 en I. RECOMMENDATION: as Pur suant to Section 23-6.2(b)(4) of the City of Miami Code of Ordinances, ceton endded, hornmends e Historic Design Guidelines, and the Secretary of Interior Standards, the Appropriateness. approval with conditions of the request for a Special Certificate of Appro p ural 1. The site shall be developed in accordance with the plans s prepared epbym mithf Prchitnt on Group, Inc. consisting of eighteen (4) sheets dated receivedby the September 16th and 23ra of 2021 with the exception ofeo ord'inarily caons lapproved waisted as hi a Standard or those that, pursuant to the Historic Design Guidelines, a Certificate of Appropriateness. Petit Douy, 1500 Brickell Avenue File No. PZP t-ge 16 of 7 A.Pernas 2i4r2o22 trellis, retractable awning, and green walllacoustic pan 2. The second -story terrace trey landscaping. The plantings facing the resid be screened from SrickAvenue xbbo�cwoods" not permitted. the south will be living plants, The A licant shall include the Resolution as part of the master permit set. Miami 3, pp ter 23 of the City of 4. The Applicant shall comply with all applicable requirements of Chap Code of Ordinances.5. Theproject 1 Coe. This royal shall comply with all applicable requirements of the Miami term droning rapprbe found as part of the building p does es not grant any deviations that may applicable departments/agencies as part 6 The applicant shall comply with the requirements of all of the City of Miami building permit submittal process. A.Pernas 21412022 NOTICE _ to 3e meets mins. ` ivrearav,raleiM1aPaafAan +l'ie'M'm wand, ad 1...1.11aa DaayDiak.k. Anna Pernas Preservation Officer Petit Douy,1500 Brickell Avenue Fite No. PZ-� 9e 72456 ED+A acoustics EDWARD DUGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics NOISE STUDY REPORT Date: 17 April 2023 To: Louis Terminello, Esq, Partner Chair— Hospitality, Alcohol & Leisure Industry Group Member, Firm Management Committee Managing Partner, Miami-Brickell Office GreenspoonMarder LLP Brickell World Plaza, 36th Floor 600 Brickell Avenue, Miami, FL 33131 Cc: Joshua J. Remedios, Esq., Senior Counsel Hospitality, Alcohol & Leisure Group From: Edward Dugger, FAIA ASA NCAC INCE Re: Architectural Acoustic Consulting Services — Site Acoustic Study 68096.0004 Chateau Petit Douy - Warrant PZ-21-10881 Appeal 1500 Brickell Avenue Miami, Florida ED+A 231467 Louis and Joshua, Edward Dugger + Associates (ED+A) has prepared the following report for submission in conjunction with the 68096.0004 Chateau Petit Douy - Warrant PZ-21-10881 Appeal for outdoor dining Patio at 1500 Brickell Avenue in Miami, Florida. ED+A recently visited the project site several times to observe the existing conditions, review design sketches, investigate the surrounding neighborhood conditions, and conduct long-term acoustical measurements to assess whether the use of the second floor Patio (Outdoor Dining Area 2) will comply with applicable City of Miami code criteria. INTRODUCTION The project involves the repurposing of a 1920's residence into a new restaurant called Chateau Petit Douy. At the time of this report, the property has been renovated into the 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 1 of 7 ED+A acoustics EDWARD DUGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics restaurant except for the Outdoor Dining Area. The 2nd floor outside terrace has not been modified and consists of a concrete floor slab with stucco finished perimeter walls. ACOUSTICAL MEASUREMENTS Ambient Site Sound Levels were measured on the 8th and 11th of April using a Type 1 Sound Level Meter with current bi-annual calibration certificates. The measurement microphone was roughly 1 meter above the ground and was far enough away to not be affected by reflected sound (see Figure 2). The system was calibrated before its installation and prior to its removal from the site. Details specific to the measurement and calibration devices used for these measurements are included in Figure 1. Table 1. Measurement Equipment Manufacturer Model Serial Number Laboratory Calibration NTI Audio XL2 A2A 4/12/2022 NTI Audio MA220 Mic 6252 4/12/2022 Briiel and Kjaar Type 4231 Sound Calibrator 3014132 March 9, 2023 Figures 1: Monitoring system details. Figures 2: Monitoring measurement location. A -weighted equivalent -continuous sound levels were measured over thirty -minute intervals. A -weighted levels were assessed as the A -weighting network corresponds best with human sensitivity to sound for most community noise studies. 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 2 of 7 ED+A acoustics EDWARD DOGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics ANSI S12.9-2007/Part 5 provides guidelines for evaluation of land use compatibility of a proposed development or land use and its operations with that of the surrounding community based on annual average DNL. ED+A has reproduced the land use compatibility guideline criteria chart for inclusion in this report (see Figure 3). A comparative sound level chart is included for reference purposes (see Figure 4). Ambient sound levels measured on the property were as low as 52 dBA. Lows were 78 dBA and at 56 dBA (L90)/0) on Saturday afternoon and 62 dBA (L90%) during the Wednesday afternoon measurement periods. There was a peak of 95 dBA caused by a very loud car driving by on Wednesday. We have included (see Figure 5) acoustic measurements for an outdoor restaurant like the Outdoor Dining Area 2, 2nd floor outside terrace. For this similar restaurant setting, the sound levels run between 55 dBA to 65 dBA with occasional peaks of 75 dBA. Per the guidelines of ANSI/ASA S12.9 Part 5 (see Figure 6), the DNL suggests the location's compatibility with varying uses is as follows: • Compatible or Marginally Compatible with "Residential — Multifamily, Moderate Outdoor Use" • Compatible with commercial uses, including offices, professional businesses, retail, and restaurants 03A64 155060 171610 fBAa165000 94367) LZeq np 765001 M0411 � !IP11f0•M A k f ph" Y .• E• tit' i H k l P'ru A .1_. +wad 0. i Y t 1766,31 Figures 3: Site Ambient Acoustic Level Measured on 8 April 2023 at 5 PM. 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 17,1500 3 of 7 I�IIP ED+A acoustics EDWARD DUGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics 11 Apr 1515.00 15.26.00 tt >,. t515W 15.tlW 30-03 15.1101 Figures 4: Site Ambient Acoustic Level Measured on 11 April 2023 at 3:30 PM. ,rViLLl l�i�i lid. 4 u 4',Wl �111 1 �111 d. i � . w 15.00 .1111,0 v.Orn 15a000 17'000, 1aC600 41:01i aonom gt 901J �:O A] IJ O]W Figures 5: An Example of an Exterior Restaurant Acoustic Levels Measured at a Similar Restaurant on the Jupiter Inlet on 7 March 2022 from 4 PM to 12 midnight. Loud Boat Horn removed. 1239 SE Indian Street, Suite 103, Stuart, Ronda 34997 -I: 772-286-8351 www,edplusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 4 of 7 acoustics EDWARD DUGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics ANSI S12.91P'art 5 Land Use Compatibility Agriculture (Except Livestock) Livestock Farming, Animal Breeding, Ranching - Commercial --Wholesale,.,. - Commercial --Retail, Movie Theaters, Restaurants - Office Buildings, Personal Services, Business and Professional Playgrounds, Goif Courses, Riding Stables, Water Recreation, Cemeteries Neighborhood Parks Sports Arenas, Outdoor Spectator Sports - Music Shells - • Auditoriums, Concert Hats -. Hospitals, Clinics, Nursing Homes, Health -related Facilities School Classrooms - Hotels, Motels, Transient Lodging Residential--Multi-Sto... - Resdential--Multiple Family, Moderate Outdoor Use - Res dentfal--Urbanfsub... 45 55 Adjusted annual average of the DNL (dB) 65 15 D. Compatible Marginally Compatible 0 Compatible with Sound Insulation E Incompatible 85 Figure 6. Land use compatibility based on DNL, reproduced from ANSI/ASA S12.9-2007 Part 5 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edpiusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 5 of 7 1'I ED+A acoustics EDWARD DUGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics 50 hp siren 0, 100 It (30 m) THRESHOLD OF PAIR i netunatic chipper 5 fi (1.5 In) Hammering on steel plate 0 2 ft (0.6 m) Boiler factory Can -manufacturing plant Heavy truck @ 90 ft (27 m) Heavy street traffic 5 ft (1.5 rn) Inside bus Stenographic room Average factory Average automobile Conversation @ 3 ft (1 m) Average office Quiet residential street Average residence Very soft music Quiet whisper @ 5 tt (1.5 in) Anechoic room Sound Pressure, microPascals Sound Pressure Level, Decibels (x10`) z00 140 130 20 120 110 2 100 90 0.2 80 70 0.02 60 50 0.002 4.0 30 0.0002 20 10 0.00002 0 Loud music (rack) Thunder Subway passing Riveting machine @ 35 11 (11 m) Very loud music (classical) 10 hp outboard motor 150ft(15m) Loud music (classical) Heavy traffic @25ft-50f1(8m-15m) Department siore Noisy office Background music Minimum street noise Very quiet radio at home Country house Quiet auditorium Quiet sound studio Leaves rustling THRESHOLD OF HEARING Figure 7. Decibel level comparison chart. * Reprinted from Acoustics and Noise Control Handbook for Architects and Builders, by L. K. Irvine and R. L. Richards, 1998, Malabar, FL: Krieger Publishing Company. Copyright by L.K. Irvine and R.L. Richards 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AR0010516 Chateau Petit oouy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 6 of 7 ED+A acoustics EDWARD DUGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics PROPOSED OPERATION HOURS The Outdoor Seating Warrant Application allows for the following hours of operation for the restaurant: • Monday to Sunday O 10:00 a.m. to 2:00 a.m. o Outdoor Dining Operation on the 2nd floor terrace are limited to 10:00 a.m. to 11:00 p.m. AUDIO SYSTEM There will be no exterior audio system located on the project exterior site, including the Outdoor Dining Area 2, which is the 2nd floor outside terrace. ACOUSTIC SOLUTIONS The project design is to include a Green Wall to be installed per the City of Miami HEPB Resolution (Enactment Number: HEPB-R-22-008) which lists how the Green Wall is to be constructed, its materials and the expected noise reduction characteristics based on a professional Applied Acoustics white paper. Based on our interpretation of this information we would expect the noise reduction through the Green Wall to be approximately 12 dB for the walls and roof assembly. Therefore, we believe that with the restaurant patrons creating noise in the 55 dBA to 70 dBA the resulting sound levels along the Southern property line would be in the 43 dBA to 58 dBA range, which is essentially the same as the existing ambient condition. Please contact ED+A with any questions or comments regarding this report. 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 7 of 7 Pa°w% aid O ui Pal!wgns Outdoor Seating Warrant Chateau Petit Duoy LLC • Warrant will include two dining areas 1 st floor for 50 seats and 2nd floor terrace for 30 seats. • HEPB approved the "Green Wall" for 2nd floor terrace on Feb 1 St, 2022 • No appeal was filed on the HEPB approvals, where it was clear outdoor dining was contemplated • Outdoor Dining Warrant was approved on March 6th, 2023. May 17th, 2023 2 Living Wall Planted surface Chateau Petit Duoy LLC UV protected g rowing medium Lightweight, Water waterproof. distribution plastic &retention shell/base layer a a 4 Mounting 3-.brockets May 17th, 2023 3 Miami 21, Sec. 6.3.2.2 - Outdoor Dining "Outdoor Dining may be allowed on private property within open space, or partially open space including...Roof Terraces ...associated with a Food Service or Alcohol Service Establishment" Chateau Petit Duoy LLC Miami 21, Sec. 23-2 - Definitions Structure: Anything constructed or erected, the use of which requires a fixed location on the ground or attachment to something having fixed location on the ground Chateau Petit Duoy LLC Summary • The outdoor dining area is "within" the historic structure. • HEPB approved the Green Wall and Trellis knowing the terrace would be used in connection with outdoor dining. • HEPB approval was not appealed. Chateau Petit Duoy LLC May 17th 2023 ED+A acoustics EDWARD DUGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics NOISE STUDY REPORT Date: 17 April 2023 To: Louis Terminello, Esq, Partner Chair — Hospitality, Alcohol & Leisure Industry Group Member, Firm Management Committee Managing Partner, Miami-Brickell Office GreenspoonMarder LLP Brickell World Plaza, 36th Floor 600 Brickell Avenue, Miami, FL 33131 Cc: Joshua J. Remedios, Esq., Senior Counsel Hospitality, Alcohol & Leisure Group From: Edward Dugger, FAIA ASA NCAC INCE Re: Architectural Acoustic Consulting Services — Site Acoustic Study 68096.0004 Chateau Petit Douy - Warrant PZ-21-10881 Appeal 1500 Brickell Avenue Miami, Florida ED+A 231467 Louis and Joshua, Edward Dugger + Associates (ED+A) has prepared the following report for submission in conjunction with the 68096.0004 Chateau Petit Douy - Warrant PZ-21-10881 Appeal for outdoor dining Patio at 1500 Brickell Avenue in Miami, Florida. ED+A recently visited the project site several times to observe the existing conditions, review design sketches, investigate the surrounding neighborhood conditions, and conduct long-term acoustical measurements to assess whether the use of the second floor Patio (Outdoor Dining Area 2) will comply with applicable City of Miami code criteria. INTRODUCTION The project involves the repurposing of a 1920's residence into a new restaurant called Chateau Petit Douy. At the time of this report, the property has been renovated into the 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 1 of 7 I 'J'I'ED+A Scoustics EDWARD DUGGER + ASSOCIATES, P.A. Consultants In Architectural Acoustics restaurant except for the Outdoor Dining Area. The 2nd floor outside terrace has not been modified and consists of a concrete floor slab with stucco finished perimeter walls. ACOUSTICAL MEASUREMENTS Ambient Site Sound Levels were measured on the 8th and 11 th of April using a Type 1 Sound Level Meter with current bi-annual calibration certificates. The measurement microphone was roughly 1 meter above the ground and was far enough away to not be affected by reflected sound (see Figure 2). The system was calibrated before its installation and prior to its removal from the site. Details specific to the measurement and calibration devices used for these measurements are included in Figure 1. Table 1. Measurement Equipment Manufacturer Model Serial Number Laboratory Calibration NTI Audio XL2 A2A 4/12/2022 NTI Audio MA220 Mic 6252 4/12/2022 BrL el and Kjmr Type 4231 Sound Calibrator 3014132 March 9, 2023 Figures 1: Monitoring system details. Figures 2: Monitoring measurement location. A -weighted equivalent -continuous sound levels were measured over thirty -minute intervals. A -weighted levels were assessed as the A -weighting network corresponds best with human sensitivity to sound for most community noise studies. 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edolusa.com AR0010516 Chateau Petit 17ouy- Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 2 of 7 11111 EED+A acoustics EDWARD DUGGER + ASSOCIATES, P.A. Consultants In Architectural Acoustics ANSI S12.9-2007/Part 5 provides guidelines for evaluation of land use compatibility of a proposed development or land use and its operations with that of the surrounding community based on annual average DNL. FD+A has reproduced the land use compatibility guideline criteria chart for inclusion in this report (see Figure 3). A comparative sound level chart is included for reference purposes (see Figure 4). Ambient sound levels measured on the property were as low as 52 dBA. Lows were 78 dBA and at 56 dBA (L90%) on Saturday afternoon and 62 dBA (L90%) during the Wednesday afternoon measurement periods. There was a peak of 95 dBA caused by a very loud car driving by on Wednesday. We have included (see Figure 5) acoustic measurements for an outdoor restaurant like the Outdoor Dining Area 2, 2nd floor outside terrace. For this similar restaurant setting, the sound levels run between 55 dBA to 65 dBA with occasional peaks of 75 dBA. Per the guidelines of ANSI/ASA S12.9 Part 5 (see Figure 6), the DNL suggests the location's compatibility with varying uses is as follows: • Compatible or Marginally Compatible with "Residential — Multifamily, Moderate Outdoor Use" • Compatible with commercial uses, including offices, professional businesses, retail, and restaurants 0771.771657700 034s+1Q506d 182.o 17.777 17.01 1Y:16m vaaw Figures 3: Site Ambient Acoustic Level Measured on 8 April 2023 at 5 PM. 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 3of7 100 EDiA acoustics EDWARD DUGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics 11911130150p Figures 4: Site Ambient Acoustic Level Measured on 11 April 2023 at 3:30 PM. 00 16k 13 15 10619911511110 19:01100 1531000 11 50 11.05150 10,50,50 2aoo:oo 2500.0o nccoo Figures 5: An Example of an Exterior Restaurant Acoustic Levels Measured at a Similar Restaurant on the Jupiter inlet on 7 March 2022 from 4 PM to 12 midnight. Loud Boat Horn removed. 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edolusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 4 of 7 IED+A acoustics EDWARD DUGGER + ASSOCIATES, P. A. Consultants in Architectural Acoustics ANSI S12.9/Part 5 Land Use Compatibility Agriculture (Except Livestock) •:•: Livestock Farming, Animal Breeding, Ranching -: Commercial --Wholesale,... - • Commercial --Retail, Movie Theaters, Restaurants Office Buildings, Personal Services, Business and Professional Playgrounds, Golf Courses, Riding Stables, Water Recreation, Cemeteries Neighborhood Parks Sports Arenas, Outdoor Spectator Sports - Music Shells - Auditoriums, Concert Halls -.•:• • Hospitals, Clinics, Nursing Homes, Health -related - Facilities School Classrooms -•:•:•:•:€;:€.'::; Hotels, Motels, Transient Lodging Residential--Multi-Sto... Residential --Multiple Family, Moderate Outdoor Use Residential--Urban/sub.,. - • 45 55 Adjusted annual average of the DNL (dB) 65 75 E Compatible tl Marginally Compatible K1 Compatible with Sound Insulation M Incompatible 85 Figure 6. Land use compatibility based on DNL, reproduced from ANSI/ASA S12,9-2007 Part 5 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 5 of 7 I1r IED+A acoustics EDWARD DOGGER + ASSOCIATES, P.A. Consultants In Architectural Acoustics 60 hp siren cg, 10011(30 rrr) THRESHOLD OF PAMN Pneumatic chipper @, 5 fi (1.5 rn) Sound Pressure, mieroPnscals (x10') Sound Pressure Level, Decibels 200 A 130 , Hammering on stool plate Ee 2 ft (0.6 rn) Holler !Wary Can -manufacturing plant Heavy trim* @ 90 ft (27 rill Heavy street traffic 5 ft (1.5 m) Inside bus .20 120 . Loud music (rock) 110 - Thunder Subway passing Riveting machine @ 35 t (11 m) 100 — Very Loud rnusic (classical) 00 Stenographf8 room Average factory Average automobile Conversation 4 311(1 :nu) 0,2 80 70 Average office 0,02 Quiet residential street Average residence Very salt music Utlletwhisper 511(1.5In) Anechole room 50 0..1102 30 0,0002 20 10 0.00002 0 10 hp outboard motor C 50 11(15 m) Loud music (classical) Heavy traffic 25 1t-5011(8 m-1.5 rn( oeparunent score Noisy office Background music Minimum street nulse Very quiet radio at home Country house Quiet auditari.rnn quiet sound stadia Leaves rustling THRESHOLD OF HEARING Figure 7. Decibel level comparison chart. " Reprinted from Acoustics and Noise Control Handbook for Architects and Builders, by L. K. Irvine and R. L. Richards, 1998, Malabar, FL: Krieger Publishing Company. Copyright by L.K. Irvine and R.L. Richards 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-288-8351 www.edplusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 6 of 7 E.D+A acoustics EDWARD DOGGER + ASSOCIATES, P. A. Consultants in Architectural Acoustics PROPOSED OPERATION HOURS The Outdoor Seating Warrant Application allows for the following hours of operation for the restaurant: • Monday to Sunday O 10:00 a.m. to 2:00 a.m. o Outdoor Dining Operation on the 2nd floor terrace are limited to 10:00 a.m. to 11:00 p.m. AUDIO SYSTEM There will be no exterior audio system located on the project exterior site, including the Outdoor Dining Area 2, which is the 2"d floor outside terrace. ACOUSTIC SOLUTIONS The project design is to include a Green Wall to be installed per the City of Miami HEPB Resolution (Enactment Number: HEPB-R-22-008) which lists how the Green Wall is to be constructed, its materials and the expected noise reduction characteristics based on a professional Applied Acoustics white paper. Based on our interpretation of this information we would expect the noise reduction through the Green Wall to be approximately 12 dB for the walls and roof assembly. Therefore, we believe that with the restaurant patrons creating noise in the 55 dBA to 70 dBA the resulting sound levels along the Southern property line would be in the 43 dBA to 58 dBA range, which is essentially the same as the existing ambient condition. Please contact ED4-A with any questions or comments regarding this report. 1239 SE Indian Street, Suite 103, Stuart, Florida 34997 T: 772-286-8351 www.edplusa.com AR0010516 Chateau Petit Douy - Warrant PZ-21-10881 Appeal - Site Acoustic Study, Miami, Florida 7 of 7 ar�a� ,' ' 'I rare; Prresenratian Pz.21-11286 0ar1s/2a ANALYSIS FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS APPLICANT: Leslie Pearce, Smith Architectural Group FILE ID: PZ-21-11286 PROJECT ADDRESS: 1500 Brickell Ave. ZIP: 33129 NET OFFICE: Downtown-Brickell HEARING DATE: 2/4/2022 COMMISSION DISTRICT: District 2(Ken Russell) STATUS: Individually Designated TDRs: Eligible, Approved A. GENERAL INFORMATION: REQUEST: Pursuant to Section 23-6.2(b)(4) of the City Code of Ordinances, as amended, the Applicant is requesting a modification to a previously approved Special Certificate of Appropriateness to permit the addition of a green wall, acoustic panel system on a trellis proposed on a second story roof terrace on a parcel zoned T5-R "Urban Center Transect Zone". The subject property is an individually designated site known as Petit Douy located within the Flagler and Mary Brickell Re -subdivision and the Downtown-Brickell Net Area. The site is approximately located on the southwest corner of Brickell Avenue and Southeast 15 Road. s Folio:0141390010270 Lot Size: Approximately 15,286 sq. ft. B. BACKGROUND: 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. 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. On February 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 HEPB to grant A.Pernas Petit Douy, 1500 Brickell Avenue File No. PZ-21-11286 2/4/2022 Page 1 of 7 exceptions for restaurants and private clubs as allowable uses, except in T3 and Certificate of Appropriateness process. On October 1, 2013, the HEPB pursuant to resolution No. HEPB-R-13-058 app conditions, the applicant's request for a Special Certificate of Appropriateness (SCOA) to the rehabilitation of the individually listed resource and its adaptive reuse as restaurantlprivate c j/J NOTICE or Hewh and Emicrm�rtal Fr $ aNF.iren.... wr u riesmnimm re,Nrerenlio apw zo' wnwremre al C.piI r dma Gb 11.iamlC.,Ptlnanmsas aaoi:ktlard die Hkbh Pal9n 1Gdircz. PZ-21.11286 04118/23 u 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, On July 5, 2016, the HEPB, pursuant to Resolution No. HEPB-R-16-036, approved, with conditions, the applicant's request fora SCOA requesting a parking waiver of 100% of the required parking per the Miami 21 Code. 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. 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. On July 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. On September 4, 2018, the HEPB, pursuant to Resolution HEPB-18-053, approved, with conditions, the applicant's request 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. C. COMPREHENSIVE PLAN: The subject property is an individually designated historic resource. Pursuant to Goal LU-2, 2.3 and 2.4 of the Miami Neighborhood Comprehensive Plan 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. A.Pernas Petit Douy, 1500 Brickell Avenue File No. PZ-21-11286 2/412022 Page 2 of 7 O. PHOTOS: Previously Approved Second Story Terrace: Pacvioui y op prbvl'(151171C111rc NOTICE CurvpIeKnofNiwf ad Fmbimar.alelgyalicn Bca.vl XFPNiplrvpvlean.arvIlrannl imen Mnlmliii RgUrc.ri,. Chaygp3ind wicmz.51:11e11Mh 1 GCltaop>r al ha Ct, MiarnIC.s ce.n.ret as ....Amino; ilo,lc fkjgn W... PZ-21-11286 O4/18/23 N. A.Pe 225 Petit Douy, 1500 Brickell Avenue File No. PZ-21-11286 Page 3 of 7 Proposed Green Wall Installation: rnnnosedOwen , I, .• p R 0 V NOTICE Ctrtgeuenollfiealc and Fnmomn:iltl FTeumaLor d . .Er b renervhidlaintlreary lamniieen nlnh. pm> nmeaxeago.amao Crdruni. C'hoptex VeldtaClryof.:Desl Gulael , as EM.tH N01! trri: Po d yn GWdd �av \ PZ-21-11286 4 A.Pernas Petit Douy, 1500 Brickell Avenue File No. PZ-21-11286 2/4/2022 Page 4 of 7 Existing Front (East) Elevation E. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T5-R: Urban Center Transect Zone Surrounding Properties NOTICE Corr,of Emi,ernxrcal,eeaevaaenante IHT9lmiax itllra0es NeappCralanmaalamkhnun aequIremenls prdaiChapur2Sand appll[atle...r an ol chaplaal or.LItyd peaml cone of Ord.,. as ammlen and Ye HutMc o..Nn Outleltes. PZ-21.11280 04/13/23 FUTURE LAND USE DESIGNATION Medium Density Multi -family Residential Maximum of 65D.U. per acre NORTH: T6-48A-0: Urban Core Transect Zone Restricted Commercial Maximum of 150 D,U. per acre SOUTH: T5-R: Urban Center Transect Zone Medium Density Multi -family Residential Maximum of 65D.U. per acre EAST: T6-24A-R: Urban Core Transect Zone High Density Multi -family Residential Maximum of 150D.U. per acre WEST: T3-R: Sub -Urban Transect Zone Single-family Residential Maximum of 9D.U. per acre A.Pernas Petit Doily, 1500 Brickell Avenue File No. PZ-21-11286 214/2022 Page 5 of 7 pR0 V F. ANALYSIS: The following is a review of the request pursuant to Section 23-6,2(b)(4) of the City Code o the Preservation Office Historic Design Guidelines, the Secretary of the Interior's Standards, 21 Code. NOTICE Conpelm of Mg. end W.trcrman.l PresringlUo , IHEPEI rerrex re��as na alIDusaummeols m�,iml,n tle reG LM1aF',n .J Jdl MamICaleaol Ortbn...Verner. amadea and the 111.1c Ixzlgn Gdtlelies. PZ-21.11286 04/18/23 /EW C.O1Q� Analysis: The applicant is requesting a modification to a previously approved Special Certificate of Appropriateness to permit the addition of a green wall, acoustic panel system on a trellis proposed on a second story roof terrace. Roof Terrace The applicant is proposing to install an acoustic panel system between the steel columns of the trellis proposed at the second story terrace on the east elevation on the roof of the c,2015 addition. The panels will be disguised by a green wall covered in vegetation. This proposed modification will provide a reduction in sound transmission and screen this area from the residential units to the south. This proposal can be supported as the trellis and green wall/acoustic panel system will be installed on a later addition, they are to the rear of the historic structure, and can easily be removed. The terrace and additions shall be screened from Brickell Avenue by landscaping. Findings: Consistent G. NEIGHBORHOOD SERVICES: Building Required NET Required Environmental Resources Not Required H. CONCLUSION: The application is found to be in compliance with Chapter23 entitled "Historic Preservation" of the City of Miami Code of Ordinances. Staff finds the request complies with the applicable criteria and finds that the request for a Special Certificate of Appropriateness for alterations and landscaping to an individually designated resource known as "Petit Douy" do not adversely affect the historic, architectural, or aesthetic character or the aesthetic interest or value of the historic resource subject to the following conditions as stipulated in subsection I'll" entitled "Recommendation" as listed below. I. RECOMMENDATION: Pursuant to Section 23-6.2(b)(4) of the City of Miami Code of Ordinances, as amended, the Historic Design Guidelines, and the Secretary of Interior Standards, the Preservation Office recommends approval with conditions of the request for a Special Certificate of Appropriateness. 1. The site shall be developed in accordance with the plans as prepared by Smith Architectural Group, Inc. consisting of eighteen (4) sheets dated received by the Department of Planning on September 16th and 23rd of 2021 with the exception of modifications listed as conditions or those that, pursuant to the Historic Design Guidelines, are ordinarily approved with a Standard Certificate of Appropriateness. A.Pernas Petit Douy,1500 Brickell Avenue File No. PZ-21-11286 2/4/2022 Page 6 of 7 2. The second -story terrace trellis, retractable awning, and green wall/acoustic pan be screened from Brickell Avenue by landscaping. The plantings facing the resid the south will be living plants, "faux boxwoods" not permitted. 3. The Applicant shall include the Resolution as part of the master permit set. NOTICE CL.rplc:Ioaol HkLon: and r. ranlrarwlpreeav»an B.d MEM reiawimk le .alpl WM/. Adman regUiemeete wrier Cpnplert3 rdagp nao*guim.. el[Yapeal, W[Iryal Maml[Manf[<.A.E 3 nieidHadNe Hh1mkLJgn Gud9lrs. 4. The Applicant shall comply with all applicable requirements of Chapter 23 of the City of Miami Code of Ordinances. 5. The project shall comply with all applicable requirements of the Miami 21 Code. This approval does not grant any deviations that may be found as part of the building permit zoning review. 6. The Applicant shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. Anna Pernas Preservation Officer A.Pernas Petit Douy, 1500 Brickell Avenue File No. PZ-21-11286 2/4/2022 Page 7 of 7 r�y�y0j�lls� 2,9 �I Louis J. Terminello, Esq., a r e r� Chair — Hospitality, Alcohol & G Www, mlaw.Com�� ftD s p o o Leisure Industry Group Managing Partner, Miami-Brickell Office Brickell World Plaza -- 36th Floor 600 Brickell Avenue Miami, Florida 33131 Phone: 305.789.2770 Fax: 305.537.3947 Email: L1T@gmlaw.com June 26th, 2023 Sent via E-mail & U.S. Mail George K. Wysong, Esq. Deputy City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 Email: gwvsong@miamigov.com Re: Chateau Petit Douy, LLC; Warrant Appeal PZ-21-10881 Dear Mr. Wysong, I am writing you concerning the above referenced matter that was heard by the Planning, Zoning Appeals Board on May 17, 2023. As you will recall, the PZAB had voted to deny the appeal of a condominium association from the Warrant that had been approved administratively. Sometime later, after myself and the other members of Chateau Petit Douy, LLC (Chateau) had left, one of the PZAB members inquired of you about the procedures to reconsider the earlier decision. In response, you correctly advised the PZAB that the procedure was governed by Robert's Rules of Order (Robert's) and required the motion to be made by one who voted on the prevailing side and seconded by anyone. Thereafter, the PZAB took up the issue and wrongly decided on their own that the issue of reconsideration was an internal matter, it did not matter that the Chateau representatives had left some time before, and that the motion to reconsider did not require that debate be reopened. Thereupon, the PZAB imprudently voted to reconsider the matter of the appeal and set June 28, 2023, two (2) PZAB meetings in the future, to hold the "revote." While your advice as to who and how a motion for reconsideration is made was correct, the PZAB also failed to observe other, mandatory requirements. First and foremost, contrary to the PZAB's position, pursuant to Robert's, the motion to reconsider is debatable because the motion to be reconsidered (the granting or denying of the appeal) was debatable. Therefore, as there was no debate allowed, the vote seeking to authorize the reconsideration was a nullity. Further, this cannot be cured by PZAB entertaining a new motion to reconsider on June 28th. Boca Raton Denver Edison Ft, Lauderdale Las Vegas Los Angeles Miami Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach Satellite Offices: Albuquerque Atlanta Chicago Hunt Valley Miami Beach Nashville Washington, D.C. Letter to City of Miami Deputy City Attorney Page 2 of 2 =.." Robert's requires that a motion to reconsider be made during the current session or the next session. Since the attempted motion on May 17, 2023, was void and no motion to reconsider was made, debated and voted upon on June 14, 2023, (the next PZAB hearing). Therefore, the motion to be reconsidered is in effect as adopted May 17, 2023. We would urge you to advise the PZAB of the foregoing and advise them the original vote of May 17th must stand. Should this not occur, Chateau is prepared to exercise all legal and equitable remedies available to it in the appropriate court. Please do whatever research you need to determine that our analysis is correct and binding on PZAB so that Chateau may go forward with its project. ly yours, Louis J. Terminello Cc: Daniel Goldberg, Esq., Zoning Administrator Victoria Mendez, Esq., City Attorney