Ritz Plaza Hotel Settl. Agree.
. I
"
PROPOSED SETTLEMENT AND
AL TERNA TIVE SETTLEMENT
AGREEMENT
BETWEEN THE
CITY OF MIAMI BEACH
AND RITZ PLAZA HOTEL
CORPORATION,
TO BE CONSIDERED BY THE
CITY COMMISSION
OF THE CITY OF MIAMI
BEACH,
SEPTEMBER 13, 2000
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T ABLE OF CONTENTS
DESCRIPTION
TAB NO.
City of Miami Beach
Notice ofIntent to Consider Settlement Agreements
at a Public Hearing .,.,...,.",.".,....,......'..,...,.,...... 1
Settlement Agreement Proposed by Staff .......,..,..,...,."....".,... 2
Exhibit A Design ReviewIHistoric Preservation Board
City of Miami Beach Order (HPB File No. 1146J)
Exhibit B Historic Preservation Board Order
City of Miami Beach (HPB File No, 1114)
Exhibit C Before the Board of Adjustment of the
City of Miami Beach Order (File No. 2720)
Ritz Plaza's Alternative Settlement Agreement .,.,..,..,....,.,..".,..... 3
Exhibit A Design Review/Historic Preservation Board
City of Miami Beach Order (HPB File No, 11461)
Exhibit B Historic Preservation Board Order
City of Miami Beach (HPB File No. 1114)
Exhibit C Before the Board of Adjustment of the
City of Miami Beach Order (File No. 2720)
MHODMA.MIAMI;241278; I
CITY OF MIAMI BEACH
NOTICE OF INTENT TO CONSIDER
SETTLEMENT AGREEMENTS
AT A PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a pubiic hearing will be held by the City Commission of the City of Miami Beach,
Fiorida. on Wednesday, September 13, 2000 at 3:30 P.M., or as soon thereafter as the matter may be heard, in the
City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, FL, to consider
a resolution authorizing and approving a proposed settlement agreement (the "Settlement Agreement") or an
aitemative Settlement Agreement (the "Alternative Settlement Agreement") between Ritz Plaza Hotel Corporation
and the City of Miami Beach as to: (I) the appeal pending before the Special Master of the City of Miami Beach,
Florida of DRB File Number 10257 J and HPB File Number 1087 styled In Re: Ritz Plaza Hotel, Miami Beach,
Florida; (2) the Complaint for Declaratory Relief styled Ritz Plaza Hotel Corp" d/b/a the Ritz Plaza Hotel v. City of
Miami Beach, Florida, a municipal corporation, Case No. 98-19193 CA 27; and (3) the Bert J, Harris, Jr. Private
Property Rights Protection Act Claim, pertaining to the Ritz Plaza Hotel, 1701 Collins Avenue, Miami Beach, Florida
filed with the City of Miami Beach, Florida on January 21, 1999. The Settlement Agreement will permit the
development of a project located on a lot of approximately 60,846 square feet at the northeast comer of 17ili Street
and Collins Avenue, Miami Beach, Florida (the "Project"). The Project shall consist of approximately 68,115 square
feet of existing hotel space, approximately 53,008 square feet of new building area, and totalling approximately
121,123 square feet of buiiding area. The Project proposes a total of seventy-four (74) parking spaces. The
Settlement Agreement will have the effect, among other things, of variances to the application of the current Miami
Beach City Code as it wouid otherwise apply to the subject property: a) to exceed by 29'2" the maximum permitted
height of 50'0" in order to construct a 79'2" high detached hotel addition at the rear of the subject property, and b)
to exceed by two (2) stories, the five (5) story maximum for ground floor additions to existing buildings on oceanfront
lots in order to construct a seven (7) story addition at the rear ofthe property. The Settlement Agreement and the
Alternative Settlement Agreement constitute compromises between the Ritz Plaza Hotel Corporation and the City
of Miami Beach under the City's former land development regulations.
The City's Board of Adjustment has previously approved these variances, the Joint Design Review/Historic
Preservation Board has approved the Project's design, and the Historic Preservation Board has further modified such
design. Thus, among other things, the Settiement Agreement will incorporate approvals granted under Joint Design
Review/Historic Preservation Board File No. 11464 J, Historic Preservation Board File No. 1114, and Board of
Adjustment File No. 2720. The certificate of appropriateness for demolition and variance approvals under the
Settlement Agreement will be valid for the same period of time as the Joint Design Review/Historic Preservation
Board approvals. In addition, an Alternative Settlement Agreement will be proposed by the Ritz Plaza Hotei
COlporation.
Inquiries concerning the proposed Settlement Agreement and the proposed Altemative Settlement Agreement should
be directed to the Office of the City Clerk, (305) 673-7411. Copies of the proposed Settlement Agreement and the
proposed Alternative Settlement Agreement are available for inspection, and may be obtained pursuant to Section
\19.07, Fla. Stat., during normal business hours in the Office of the City Clerk, City Hall, First Floor, 1700
Convention Center Drive, Miami Beach, Florida.
All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing
addressed to the City of Miami Beach City Commission, c/o the City Clerk, 1700 Convention Center Drive, First
Floor, Miami Beach, FL 33139.
Pursuant to Section 286.0105, Fia. Stat., the City hereby advises the public that: Ifa person decides to appeai any
decision made by the City Commission with respect to any matter considered at this meeting or hearing, such person
must ensure than a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeai is to be based. This notice does not constitute consent by the City or City Commission for
the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, all persons needing special accommodation to
participate in this proceeding should contact the City Clerk's Office no later than four days prior to the proceeding,
telephone (305) 673-7411 for assistance; if hearing impaired, telephone Florida Relay Service numbers (800) 955-
8771 (TOO) or (800) 955-8770 (VOICE), for assistance.
SETTLEMENT AGREEMENT
Ritz Plaza Hotel Corporation ("Ritz Plaza") and the City of Miami Beach ("City")
(collectively, "the Parties"), stipulate and agree as follows:
RECITALS
WHEREAS, Ritz Plaza has filed an appeal pending before the Special Master of the City
of Miami Beach, Florida, of Design Review Board ("DRB") File Number 10257J and Historic
Preservation Board ("HPB") File Number I 087 styled In Re Ritz Plaza Hotel Miami Beach, Florida;
and
WHEREAS, Ritz Plaza has filed a complaint for declaratory relief styled Ritz Plaza Hotel
Corp.. d/b/a the Ritz Plaza Hotel v, City of Miami Beach. Florida. a municipal cOl;poration, 11'h
Judicial Circuit Case Number 98-19193 CA 27; and
WHEREAS, Ritz Plaza has filed a Bert J. Harris, Jr, Private Property Rights Protection Act
Claim with the City of Miami Beach on January 21, 1999 pertaining to the Ritz Plaza Hotel, 1701
Collins Avenue, Miami Beach, Florida (the "Property"); and
WHEREAS, on August 18, 1999, Ritz Plaza received Joint Design ReviewIHistoric
Preservation Board ("Joint Board") approval for Joint Board File Number 11464J (the "Joint Board
Order") and a Certificate of Appropriateness for Demolition from the Historic Preservation Board
for HPB File No, 1114 (the "Historic Preservation Board Order"); and
WHEREAS, on February 4,2000, Ritz Plaza received two variances in an order from the
Miami Beach Board of Adjustment ("BOA") under File No, 2720 (the "Board of Adjustment
Order"), allowing the Ritz Plaza to exceed by 29'2" the maximum permitted height of 50'0" in order
to construct a 79'2" high detached hotel addition at the rear of its property, and a variance to exceed
by two (2) stories the five (5) story maximum for ground floor additions to existing buildings on
Oceanfront lots in order to construct a seven (7) story addition at the rear of the Property; and
WHEREAS, on August 8, 2000, Ritz Plaza received approval for modifications to the Joint
Board Order and to the Historic Preservation Board Order; and
WHEREAS, Ritz Plaza and the City desire to resolve the Bert J. Harris Private Property
Protection Act claim filed by Ritz Plaza against the City and all other pending litigation and claims
against the City as referenced above; and
WHEREAS, this Settlement Agreement constitutes and will serve to effectuate the City's
settlement offer on the Harris Act claim, pursualjlt to Chapter 70,001 (4)(c), Fla. Stat.; and
WHEREAS, pursuant to Chapter 70.00 1 (4)(d), Fla. Stat., this Settlement Agreement will
have the effect of a modification or the effect of a variance to the application of the City Code as it
exists today, as it would otherwise apply to the Property; the relief granted protects the public
interest served by the regulations at issue, and is the appropriate relief necessary to prevent the
governmental regulatory effort from inordinately burdening the Property; and
WHEREAS, this Settlement Agreement constitutes compromises between Ritz Plaza and the
City under the City's former land development regulations, in order to settle the complaint for
declaratory relief styled Ritz Plaza Hotel COl:p.. d/b/a the Ritz Plwm Hotel v, City of Miami Beach.
Florida. a municipal cOl:poration, 11th Judicial Circuit Case Number 98-19193 CA 27; the appeal
pending before the Special Master of the City of Miami Beach styled In Re Ritz Plaza Hotel Miami
Beach, Florida; and the Bert J, Harris, Jr. Private Property Rights Protection Act Claim filed with
the City of Miami Beach on January 21, 1999 pertaining to the Ritz Plaza Hotel, 1701 Collins
A venue, Miami Beach, Florida; and
WHEREAS, in consideration of the mutual promises, covenants and conditions herein, the
Parties stipulate and agree as follows:
AGREEMENT
The foregoing recitals are true and correct.
1. Ritz Plaza shall be allowed to construct and renovate the Ritz Plaza Hotel as set forth
in the Joint Board Order as modified on August 8, 2000, attached hereto as Exhibit
A, the Historic Preservation Board Order as modified on August 8, 2000, attached
hereto as Exhibit B, and the Board of Adjustment Order attached hereto as Exhibit
C, except as otherwise modified herein upon receipt of a final, non-appealable order
approving this Settlement Agreement by a court of competent jurisdiction.
2, The City and Ritz Plaza shall vigorously defend against the two Petitions for Writ of
Certiorari ("Petitions") filed challenging the variances, as set forth in II th Judicial
Circuit Case Numbers 00-091 AP and 00 092-AP. The City and Ritz Plaza may
move to abate the Petitions,
3. The City hereby agrees to extend the approval, and all conditions therein, set forth
in the Joint Board Order through June 30, 2001,
4. The City hereby agrees to extend the approval, and all conditions therein, set forth
in the Board of Adjustment Order through June 30, 2001,
5. No further extensions of time will be granted by the Joint Board or the Historic
Preservation Board,
6. Upon the issuance of a final non-appealable order by a court of competent
jurisdiction: a) affirming the BOA approval, or b) granting approval of this
2
Settlement Agreement, Ritz Plaza agrees that it will dismiss or withdraw with
prejudice all three of the pending actions listed above and waives any other claims
that may arise under Ordinance 97-3097 and the rezoning and comprehensive plan
amendment ordinances passed on first reading on March 17, 1999 (Items R5-G and
R5-H). In the event of a third party appeal of any such approval, the City and Ritz
Plaza agree to actively defend against such appeal.
7, The City and Ritz Plaza agree to cooperate with each other and may file any motions
or other pleadings required in the pending actions in support of each other's
positions, The Parties agree that such filings will be without prejudice to any claims,
defenses or positions that each party may have as of the date of this Settlement
Agreement.
8. The Parties agree that if a final, non-appealable approval of this Settlement
Agreement has not been granted by a court of competent jurisdiction by June 30,
2001, either party may terminate this Settlement Agreement, except that if the only
pending issue is a third party challenge, the Parties shall have an additional six
months, until December 30, 2001, to resolve such challenge prior to exercising their
right to terminate this Settlement Agreement. The Parties retain the right to modify
this Settlement Agreement as may be necessary to effectuate the intent of the Parties
in the future upon mutual written agreement.
9, The Parties agree that they shall each bear their own attorneys' fees, expenses, and
costs arising out of this litigation.
10. This Settlement Agreement is binding onthe Parties hereto and the Parties agree to
execute any and all documents necessary to ratify and confirm the terms and
provisions of this Settlement Agreement.
11. This Settlement Agreement shall be deemed drafted by the Parties and there shall be
no presumption against any party relating to the drafting of said Settlement
Agreement and the language used herein,
12. This Settlement Agreement and its enforcement shall be governed by the laws ofthe
State of Florida,
13. The Parties signing this Settlement Agreement represent and warrant that they have
full and complete legal and binding authority to enter into said Settlement
Agreement.
14. The terms of this Settlement Agreement shall be binding on the Parties, their
successors and assigns, and shall supersede all prior discussions and negotiations
among the Parties concerning settlement, including but not limited to that certain
,
o
Ritz Plaza Settlement Agreement dated April 23, 1999. This Settlement Agreement
represents the entire agreement of the Parties and shall not be modified except by a
writing signed by all of the Parties.
15. The terms of this Settlement Agreement may be modified if mutually agreed upon,
in writing, by the Parties.
16. This Settlement Agreement may be signed in counterparts, and the signature
counterparts of the Parties or their authorized representative shall be treated the same
as if said Settlement Agreement had been signed by all Parties or their authorized
representatives, A facsimile signature shall be deemed the equivalent of an original
signature of a Party or its authorized representative,
4
17. Notices shall be sent via Certified Mail, Hand Delivery or Federal Express as
follows:
Lawrence Levy
City Manager
1700 Convention Center Drive, Fourth Floor
Miami Beach, Florida 33139
Murray Dubbin, Esq.
City Attorney
Office of the City Attorney
1700 Convention Center Drive, Fourth Floor
Miami Beach, Florida 33139
Santiago D. Echemendia, P.A.
Tew Cardenas Rebak Kellogg
Lehman DeMaria & Tague
Miami Center, 26th Floor
201 S. Biscayne Boulevard
Miami, Florida 33131-4336
Telephone No,: (305) 536-1112
Gabriela Contreras
Ritz Plaza Hotel
1701 Collins Avenue
Miami Beach, Florida 33139
17. This Settlement Agreement is executed by the Parties as of the date stated at the end
of the Settlement Agreement,
DATED THIS _ DAY OF SEPTEMBER, 2000
CITY OF MIAMI BEACH
RITZ PLAZA HOTEL CORPORATION.
By:
By:
Neisen Kasdin, Mayor
By:
::ODMAIMHODMAIMiami:241IS0;2
5
ORDERS GRANTING
AUGUST 8, 2000
HISTORIC
PRESERVATION BOARD
APPROVALS PENDING
SIGNATURE. WILL BE
ADDED UPON RECEIPT.
UNSIGNED ORDER
AVAILABLE IN
PLANNING
DEPARTMENT FOR
REVIEW.
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ESIGNREVIEW/HlsTORIC PRESERVA liON BOAR
City otMiam.i Beach, Florida
M ET'NG OA TE: August 18, 1999
I~RE:
The Application for .a. Certifi~t~ of Appropriate
Review Approval for the partial demolition
renovation of an "existing' /wtel, in conju
construction of a neW seven (7) story tower at t
of the property, .
ess and Design
alteration and
tion with the
rear (east side)
P .OPERTY:
1701 Collins AVenue
Ff E NO:
1 1 4a4J
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I.. O-'11'D E R
T e applicant, fitz Plaza Carper-afio";, filed' an application with t e City of Miami
a ach's Planning Department for ~Certjficate. of Appropriateness a' Design Review
a prove!.
"
. e City of Mi mi Bellch's Design Review/Historic Preservation
f IlowingFINDI GS OF FACT, based 4Pon the- evidence, informati
.aterials prested at the pUQlic hea{lrig and which is part of t
atter: j.... ..: . ., . .
. The proposed project IS loqated 1!=l.f/;):e,Ocean Drlve/Colhns Av
and Natibnal Register DlstiictS;of the City of Miami Beae
structu~J on the site is designated "contributing" on the Mi
PropertlJs Datebase, .
oard makes the
. testimony and
record for this
ue Local Historic
and the subject
j Beach Historic
:.'
Based 0 the plans and documents submitted with the app
and info tnation provided by the Bppt/cant, and the reaso
Planning. Department Staff Report,. the project lis submitte
with the Design Review Criteiia't-ros. 3, 4, 10, 11 & 14 in S
the Miai Beach Code, isnotconsis.tent with Certificate
Criteria Nos, 3 in Section 118~564(bl of the Miami Bea
. ..
comply with the Secretary ci.flnterJor's Standards for
Guideli S for Rehabilitating Historic Buildings as revised fr
ation, testimony
set forth in the
is not consistent
ction 118-251 of
Appropriateness
Code, and does
ehabilitation and
m time to time,
The project would be consistent with the afore-steted ciiter' and requirements
jf the fj"OWirlfl conditions are met:
1 . A certified structural report shall be required from a Ii nsed professional .
ef9ineer, evaluating the s~uctu~:IH~~~~ition of the e. isting building an~ .'
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cert fying that the demolition of any portion of the
eld.s ing stn,lctures will not te.tiult in any destabilization
oth i- portion of the. (j-xisti.ng building, as well as sp
el& non and in writihg, shy physical measures, su
br' ing or shoring, or perm~ent structural changes as
or r quired to ensure. the s~uctunil stability and integri
buil Ing.
xlsting site or
collapse of any
cifying in plan,
as temporary
y be necessary
of the. existing
2.
Re. ised elevation and site.plan drawings shall be s bmitted to Bnd
. .r
ap' roved by staff; at a minimum,' said drawings sha incorporate the
following;
a.
The gatas to the siib'terran:ean parking level sh I be required to
pivot, and the detai~ ii:nd design of said fixture shall be subject
to, the review .and .appjovai of staff. '
3.
TnT proposed landsc.aj:l-e p\~and f.ront court plan, as
an9 details of all exterior d~c~irig, shall be brought bac
Bafd for final review and.,approval, J2(iQ! to the issu
Pe mit. The' new front.COliit:tllan'shaH be restored, to t
8m highest degree poi;sible, based upon all
dO~1 umentation; this may include the raintroductio
bel' trade fence and foun,tain.
All building signageshal~b.e consistent in type, c posed of flush
mounted, non-plastic individual tetters and shall require separate permit.
Thl final exterior surfscecoklr scheme, including color amples, shall be
svGject to the review and;approval of staff and shall quire a separate
pe~mit.
T" l applicant shall make llPplicatron to the Baard af justment for any
aJ; all variances require&,wittlin 50 days of this app val. Approval of
S~d variances are required prior to the issuance of a uilding Permit for
tl prajeet. If the varian~s are not granted, then is approval shall
b come null and void.
A traffic mitigatiol1 plan, which addresses all roadw Level of Service
ILpSI deficiencies relati.V..rto the concurrency requir ents of Chapter
122 of the Zoning Ordl~anca, shall be reqUIred an the final building
pl~rTS shall meet ",II bther Zoning Ordinance require nts. Said traffic
m tigation plan shall beprepar~ by the applicant" ubmitted to and
a proved by the Ptanning and Zoning Director, ra' rted to the City
ell as the design
batore the Joint
cs of a Building
greatest extent
ailable historic
of the original
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cO~mi~SjOn and shall be. e~7cuted ~y the parti~s ~eferen ,d ther~jn, ~
toe Issuance of a BIII19InQ'f'ermlt. Any bUIlding pe It obtained for
work contemplated~r~ri: shan be contingent upon the terms and
pro islolll; tor effectuatii'l~NtAe proposed traffic mitigat n plan and the
doc mentation andacceptahceof a corresponding mitig tion agreement,
as pplicable, which shall b'e the l'lPplicant's responsibi
:.,
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Ma'l'ufacturers drawings ana Dade County product appro val numbers for
all rlaw windows, doprs and 'glass. shall be required, . to the issuance
of 1 building permit.
All roof-top fixtun~s, air-c~itioning units and mecha al devices shall
~eil'earIY noted on a ~vi~ roof plan and shall be scr ned from view,
In manner to be approved' by staff.
10. Re ised drawings, Wfth corresponding color photo
s+ate from .t~e con~tit'JctiOn ~rawing.s ~nd which cle
eXlrt~ng com~mon8of t~" ~ubje~t bUilding, shall be
dr;wmgs and phbtograp:l:i:;; shall'lnclude all four elev
flor plans of said bUildihQ:; as we~r as a site plan.
11 . A historic analysis pi the :exfstirig structure, inclusive
an ,wri:ttim description of. the. history and evoluti
bu lcling on site, snail be 8.~itted to and approved by
iss 'snce of a Building Permit: said historic analysis
prelminently within the pUblic area of the structure, i
determined by staff. . . ,
12. All new and altered e/.ements, spaces and area shall meet the
rerirements of the Florida Accessibility co~e (FAC).
1 3, Ttje project shall comply :With any lands~aplng or ot
irrlprovement standards ,as may be preSCribed by a rele
Mkster Plan approved prior to the completion of t
is I uance of a Certificate of Occupancy.
C unty, J2ti2r to the issuance of a Building Permit.
IS HEREBY ORDERED, based upon the foregoing findings ot
i ormation, testimony and materiafs p'.e'sented at the public heari
he record tor his matter and the staff report and analysis, whic
neluding the taff recommendations which were amended by t
8.
9.
.'
raphs, that are
Iy document the
ubmitted. Said
ons and interior
f a photographic
of the original
taft, JUi.aL to the
all be displayed
a location to be
,.
r sidewalk/street
ant Urban Design
project and the
14.
s of Miami-Dade
ct, the evidence,
, which is part of
is adopted herein,
e Board. that the
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Ap lcation for a ertificate of Appropriat~mess and Design Review ap
J ., ,
. for the above-referenced project subje,ct.' to those certain conditi
, par graph C of t'f Findings of Fact hereo;f(~onditions #1-14, inclusiv
a licant has agT6d. . '
.No building permit may be issued unle&s ~ ootil all conditions of app val as set forth
he ein have be~met. the issuar'lci3 of ;aCeitificate of Appropriate ess and Design
Ra iew approval does not relieve the .ap:Jillicant from obtaining a, 'other required
M 'oicipal, ;COUil y and/or State re~iewS:lii:ld pe;mits, including zon g approval. If
a. qu1!.te nandi . ad access is notptO'vided, this approval does no ean that such
h ' dicapped accJSs is not required or th~t:"the Board supports an ap cant's effort to
sa k waivers rel1ting ~~ ~andica~d aC~~;SsibiiitY requirements.
oval is granted
s specified in
), to which the
.
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, . .
. . .';".," : ,." "'~ -If ail' of ,the above-specifi
satisfactorily ad l'e'8sed,tha plans:wm~~i:ev.iewed for building parmi
(2 sets will be r turned to you forstlbm1smon for a building permit a
be retained for t~e Desjgn Review BOat'disfile. If the Full Building P
. w! h~n ooeO I y~ar of the renditio~ .of this. O~derarid constructi~n do
WI In two (2) ~ears of. the renditIon of-thiS Order, and continue
co 'pletion, the Design Review approval will ,expire and become nu
o tod th;, ).. dOf 0'
I
,
conditions are
approval. Two
one (1) set will
it is not issued
not commence
Iigently through
and void.
e,
"
~S'1:.
, 1999.
OESIGI;<J REVIEWIHISTORIC PRESE
THE c~ty OF MI I SEA ,LO
A TION BOARD
IDA
BY:
CBAIR
.
,.
A proved As T Form: . '
L gal Departme t: ~'~s-~"\
F lad with the Jerk of the Destgn Review Board on ~ - 30~11
+;, documoet ;, tho He", Onl., '0' ORB FHa No. 11464J. wh;ch
! 4
ust be recorded
"
.:{;i\;J<<+~LRNNING & 2DN1NG , ('X:3056737559 May 30('0 16:32 P.Ol/OS
'.F"')',~ .~. .'blle R.J., of MI.m,O... County. _ to the I",,,co of M"ng P"",,.
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NNING DEP RTMENT
OF MIAMI' EACH, FLORIDA
B: TH~R.~~~.
"'nc'pal tnn".
S ATE OF FLORIDA )
I ISS
UNTY OF MI~MI-DADE )
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'l!. ,. cJ'. tt"Y personally appear
p'scribea es ti)e pe.rson who haS,ex8'~~dsafd'instrument for th
pressed and rhO Is_personally k!10W~ t.o .me;
Sworn and subscribed this :J ~,'l7f day of A-'v ~.J
Q./fA-/6 L r.r A, r-r-
NOTAR
Miamt.-Dade
.My commission expire
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ORDERS GRANTING
AUGUST 8, 2000
HISTORIC
PRESERVATION BOARD
APPROVALS PENDING
SIGNATURE. WILL BE
ADDED UPON RECEIPT.
UNSIGNED ORDER
A V AILABLE IN
PLANNING
DEPARTMENT FOR
REVIEW.
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: August 18, 1999
IN RE: The application for a Certificate of Appropriateness for Demolition
for the partial demolition and alteration of an existing hotel, in
conjunction with the construction of a new seven (7) story tower
at the rear (east side) of the property.
PROPERTY: 1701 Collins Avenue
HPB FILE NO: 1114
ORDER
The applicant, Ritz Piaza Corporation, filed an application with the City of Miami
Beach's Planning Department for a Certificate of Appropriateness for Demolition for
the partial demolition and alteration of an existing hotel, in conjunction with the
construction of a new seven (7) story tower at the rear (east side) of the property.
The City of Miami Beach's Historic Preservation Board makes the following FINDINGS
OF FACT:
A. The proposed project site is located in the Ocean Drive/Collins Avenue Local
Historic District in the City of Miami Beach. The subject structure on site is
designated "contributing" in the Miami Beach Historic Properties Database.
B. A decision by the Historic Preservation Board on an application for a Certificate
of Appropriateness for Demolition encompasses a review of the proposed
demolition for the subject structure, and proposed replacement project, for
consistency with the Evaluation Criteria stated in the Code of the City of Miami
Beach, Section 118-564 (1)(4). Based on the application, plans, photographs
and documents submitted, the staff report and analysis prepared by the
Planning Department, dated August 18, 1999, the proposed demolition, as
requested is not consistent with Evaluation Criteria Nos. 2, 3, 5, 7, 8 & 9.
C. Based on the findings contained in paragraphs A and B above, the demolition
of the subject structures would be consistent with the aforedescribed Evaluation
Criteria if the following conditions are met:
::~ ",n,,... ??
1 . The requested demolition of all features associated with the proposed landscape
plan and front court plan, shall be brought back before the Historic Preservation
Board for final review and approval, lllior to the issuance of a Building Permit.
The new front court plan shall be restored, to the greatest extent and highest
degree possible, based upon all available historic documentation; this may
include the reintroduction of the original balustrade fence and fountain.
2. Revised architectural drawings, including floor plans, elevations, building
sections, as well as details where necessary, shall be submitted for the review
and approval of staff; at a minimum, said drawings shall incorporate the
following:
a. Additional documentation of the existing and proposed conditions of the
east elevation of the main hotel structure and its elements associated
with the pool deck area, including floor plans, elevations, and details
where necessary, shall be submitted.
b. Additional information of the existing conditions of the existing one story
open cabana structure located at the northeast corner of the subject
property, including floor plans, elevations, and details where necessary,
as well as historical documentation (Le. microfilm of the original
architectural drawings, historic photographs, etc.) shall be submitted.
3. The significant existing landscape elements on the site shall be
preserved/relocated and botanically enhanced to retain the special tropical
setting and character of the subject site.
4. All proposed new construction associated with this Certificate of
Appropriateness for' Demolition on the subject site shall be consistent with the
Design Review Approval and a Certificate of Appropriateness approved by the
Joint Design Review/Historic Preservation Board (DRB File No. 11464J).
5. A permit for any demolition approved by the Historic Preservation Board on the
subject property shall not be issued by the Building Department until a building
permit for the new construction /ORB File No. 11464Jl has been Dulled.
6. A drawn plan and written procedure for the proposed demolition shall be
prepared and submitted by a registered architect or licensed professional
engineer in the State of Florida which fully ensures the protection of the public
safety as well as protection of all existing structures adjacent to the subject site
as well as the Collins Canal during the course of demolition.
7. The Certificate of Appropriateness for Demolition shall only remain in effect for
the period of time that there is an active Design Review Approval and Certificate
of Appropriateness for the associated new construction (DRB File No. 11464J)
on the subject property.
8. This Final Order shall be recorded in the Public Records of Miami-Dade County,
ptiQr to the issuance of a Building Permit.
9. An historic analysis of the Ritz Plaza Hotel, inclusive of a photographic and
written description of the history and evolution of the original building and site,
shall be submitted to and approved by staff, ptiQr to the issuance of a
Demolition and Building Permit; said historic analysis shall be displayed
prominently within the public area of the structure, in a location to be
determined by staff,
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence,
information, testimony and materials presented at the public hearing, which is part of
the record for this matter and the staff report and analysis, which is adopted herein,
including the staff recommendations which were amended by the Board, that the
Application for a Certificate of Appropriateness for Demolition is granted for the above-
referenced project, subject to those certain conditions specified in paragraph C of the
Findings of Fact hereof (conditions #1-9, inclusive). to which the applicant has agreed.
No demolition permit for Board approved work may be issued unless and until all
conditions of approval, as set forth herein, have been met. The issuance of a
Certificate of Appropriateness for Demolition does not relieve the applicant from
obtaining all other required Municipal, County and/or State reviews and permits,
including zoning approval. This Certificate of Appropriateness for Demolition shall only
remain valid and in full force and effect for the period of time that there is an active
Design Review Approval and Certificate of Appropriateness for the associated new
construction on the subject property (Design Review Board File #11464J). and upon
expiration of such Design Review Approval and Certificate of Appropriateness, this
Certificate of Appropriateness for Demolition shall contemporaneously and
automatically expire.
When requesting a demolition permit, three (31 sets of plans approved by the Board,
modified in accordance with the above conditions, shall be submitted to the Planning
Department. If all of the above-specified conditions are satisfactorily addressed, the
plans will be reviewed for demolition permit approval. Two (2) sets will be returned
to you for submission for a demolition permit and one (1) set will be retained for the
Planning Department's file.
Dated this "3 1 day of -A()I~ 1999.
HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI BEACH, FLORIDA
BY:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
/f << t.;) ~Q S .-4 personally appeared before me and
subscribed as the person who has executed said instrument for the purposes therein
expressed and who is personally known_to me.
t.7,
NotARy ~(yfARY OT ARY BLlC
co~/JcsrA~~lami- ade County, Florida
M't'COMMISS~NO:~d expires:
~o\'/~I)~
.~'':'":-'
19jj
Sworn and subscribed this ") Is I day of
CJL"'.[ Lt r /I . f)t!" I
c
€
BEFORE THE BOARD OF ADJUSTMENT
OF THE CITY OF MIAMI BEACH, FLORIDA
MEETING DATE: FEBRUARY 4, 2000
FILE NO. 2720
IN RE:
The application of
RITZ PLAZA HOTEL CORPORATION
1701 COLLINS AVENUE
LOTS 1.2.19 AND 20; BLOCK 28
ALTON BEACH FIRST SUBDIVISION
PLAT BOOK 2 - PAGE 77
OR D.E R
The appiicant, Ritz Plaza Hotel Corporation, filed an application with the Planning
Department for variances in order to construct a seven (7) story, 79' - 2" high, 80
room, detached addition to an existing hotel with 68 parking spaces.
1. A variance to exceed by 29' - 2" the maximum permitted height of 50' - 0" in
order to construct a 79' - 2" high detached hotel addition in the rear of the
subject property.
2. A variance to exceed by two (2) stories, the five (5) story maximum for ground
floor additions to existing buildings on Oceanfront lots in order to construct a
seven (7) story addition in the rear of the subject property.
3. A variance to waive 29' - 0" of the minimum required 151' - 0" rear tower
setback in order to construct the above hotei addition with the tower portion
122' - 0" from the rear property line (Erosion Control line - ECL).
Notice of the request for variance was given as required by law and mailed to owners
of property within a distance of 375 feet of the exterior limits of the property on which
application was made.
THE BOARD FINDS that the property in question is located in the RM-3 Zoning District,
THE BOARD FURTHER FINDS, based upon evidence, testimony, information and
documentation presented to the Board, and portions of the staff report and
recommendations, as applicable, which are incorporated herein by this reference, that
with regard to Variance Request Nos. 1 and 2:
That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures,
or buildings in the same zoning district;
EXHIBIT
Page 1 of 4
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File No. 2720
Ritz Plaza Hotel Corp.
1701 Collins Avenue
That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures,
or buildings in the same zoning district;
That the special conditions and circumstances do not result from the action of the
applicant;
That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings, or structures in the
same zoning district;
That literal interpretation of the provIsions of this Ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of this Ordinance and would work unnecessary and undue hardship
on the applicant;
That the variance granted is the mmlmum variance that will make possible the
reasonable use of the land, building or structure;
That the granting of the variance will be in harmony with the general intent and
purpose of this Ordinance and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
That the granting of this request is consistent with the comprehensive plan and does
not reduce the levels of service as set forth in the plan.
IT IS THEREFORE ORDERED, by the Board, that Variance Request Nos. 1 and 2, as
requested and set forth above be APPROVED wi.th the following conditions to which
the applicant has agreed:
1 . The applicant shall comply with all the conditions imposed by the Joint Design
ReviewlHistoric Preservation Board.
2. The two hotei units that encroach into the rear tower setback (variance request
#3) may be eliminated or relocated to the western side of the new tower.
Design staff will determine whether the redesign of the tower can be approved
at a staff levei or whether the new design must be sent beck to the Joint
Design ReviewlHistoric Preservation Board for approval.
3. The applicant shall resolve any outstanding City Liens prior to obtaining a
Building Permit.
Page 2 of 4
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File
Ritz
1701
No. 2720
Plaza Hotel Corn.
Collins Avenue
4.
The required parking for the project shall either be provided on the subject
property or in a parking lot within 1 200 feet of the property and connected to
the property by means of a Unity of Title or similar legal instrument acceptable
to the office of the City Attorney, or by the payment of a parking imp'act fee at
$15,000 per space, or some combination thereof.
5.
The applicant shall comply with any conditions that may be imposed by the
Public Works Department.
6.
The applicant shall obtain a building permit within 6 months of the date of this
approval and the project, inclusive of compliance with the conditions imposed,
herein, shall be completed within 30 months of the date of this approval.
PROVIDED, the applicant shall build in accordance with the plans submitted as part of
this file and as approved by the Board of Adjustment with any applicable
modifications. The applicant shall have a building permit for the work contemplated
herein issued by the Building Department on or before August 4, 2000 (within six (6)
months of the date of this hearing), otherwise this Order shall become null and void,
unless the issuance of such permit is stayed by an appeal of this Order to a court of
competent jurisdiction. This Order does not constitute a building permit, but upon
presentation of a recorded copy of this Order to the Planning Department, a permit
shall be processed and approved (subject to compliance with the conditions hereof)
in accordance with and pursuant to the ordinances of the City of Miami Beach.
THE BOARD FURTHER FINDS that as to Variance Request No, 3, the requirements and
criteria established by the Zoning Ordinance for issuance of a variance have not been
satisfied or fulfilled, and the literal enforcement of the Zoning Ordinance will not result
in unnecessary or undue hardship. IT IS THEREFORE ORDERED, l;Jy the Board, that
Variance Reauest No.3 as requested and set forth above, be DENIED,
By:
Board of Adjustment of
The c;:r 01 M;em~ Flocide
or e ez
I ning and Zoning Direct
Ity of Miami Beach
1 700 Convention Center Drive
Miami Beach, Florida 33139
Page 3 of 4
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File No. 2720
Ritz Plaza Hotel Corp.
1701 Collins Avenue
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this, / if 171 day of
F <-1/'-v/t-fi- r ' L~\l V , by Jorge Gomez, Planning and Zoning Director of the
City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the
"".""';00. H," ~"''"""''Y koownjo m,. (J{!i!a ~
Notary:
Print Name: c If. H ((0 ;1, 1I1-r-r-
[NOTARIAL SEAL! Notary Public, State of Florida
My Commission Expires:
Commission Number:
Approved As To Form:
Legal Department ( :J1J<N 2-1'f~:;"'DPO)
Filed with the Clerk of the Board of Adjustment on 1 s/..z 0 0 0 ( ?'2 N
F:\PLAN\$ZBA \FINALORD\2720.0RD
Page 4 of 4
(
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File No. 2720
Ritz Plaza Hotel Corn.
1701 Collins Avenue
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this. Ii 171 day of
f <-1J,tW,./'- r ' L~1l v , by Jorge Gomez, Planning and Zoning Director of the
City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the
oo'po,""oo_ H," ~."oo."v koown.to m'_ A.,
Notary:
Print Name: elf H ((0 ;1. l'Pt-F,
[NOTARIAL SEAL] Notary Public, State of Florida
My Commission Expires:
Commission Number:
Approved As To Form:
Legal Department ( ~ l.-/Y~;J...DDO )
Filed with the Clerk of the Board of Adjustment on l' 5/0( 0 () 0 ( ;;L1 N
F:\PLAN\$ZBA IFINALORD\2720.0RD
Page 4 of 4
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RITZ PLAZA'S ALTERNATIVE
SETTLEMENT AGREEMENT
Ritz Plaza Hotel Corporation ("Ritz Plaza") and the City of Miami Beach ("City")
(COllectively, "the Parties"), stipulate and agree as follows:
RECITALS
WHEREAS, Ritz Plaza has filed an appeal pending before the Special Master of the City
of Miami Beach, Florida, of Design Review Board ("DRB") File Number I0257J and Historic
Preservation Board ("HPB") File Number 1 087 styled In Re Ritz Plaza Hotel Miami Beach, Florida;
and
WHEREAS, Ritz Plaza has filed a complaint for declaratory relief styled Ritz PlA7A Hotel
COl:p.. d/b/a the Ritz Plan, Hotel v, City of Miami Beach. Florida. a municipal cOl:poration, II'h
Judicial Circuit Case Number 98-19193 CA 27; and
WHEREAS, Ritz Plaza has filed a Bert J. Harris, Jr. Private Property Rights Protection Act
Claim with the City of Miami Beach on January 21, 1999 pertaining to the Ritz Plaza Hotel, 1701
Collins Avenue, Miami Beach, Florida (the "Property"); and
WHEREAS, on August 18, 1999, Ritz Plaza received Joint Design ReviewlHistoric
Preservation Board ("Joint Board") approval for Joint Board File Number 11464J (the "Joint Board
Order") and a Certificate of Appropriateness for Demolition from the Historic Preservation Board
for HPB File No, 1114 (the "Historic Preservation Board Order"); and
WHEREAS, on February 4, 2000, Ritz Plaza received two variances in an order from the
Miami Beach Board of Adjustment ("BOA") under File No. 2720 (the "Board of Adjustment
Order"), allowing the Ritz Plaza to exceed by 29'2" the maximum permitted height of 50'0" in order
to construct a 79'2" high detached hotel addition at the rear of its property, and a variance to exceed
by two (2) stories the five (5) story maximum for ground floor additions to existing buildings on
Oceanfront lots in order to construct a seven (7) story addition at the rear of the Property; and
WHEREAS, on August 8, 2000, Ritz Plaza received approval for modifications to the Joint
Board Order and to the Historic Preservation Board Order; and
WHEREAS, Ritz Plaza and the City desire to resolve the Bert J, Harris Private Property
Protection Act claim filed by Ritz Plaza against the City and all other pending litigation and claims
against the City as referenced above; and
WHEREAS, this Settlement Agreement constitutes and will serve to effectuate the City's
settlement offer on the Harris Act claim, pursuant to Chapter 70.001 (4)(c), Fla. Stat.; and
WHEREAS, pursuant to Chapter 70.001(4)(d), Fla. Stat., this Settlement Agreement will
have the effect of a modification or the effect of a variance to the application of the City Code as it
exists today, as it would otherwise apply to the Property; the relief granted protects the public
interest served by the regulations at issue, and is the appropriate relief necessary to prevent the
governmental regulatory effort from inordinately burdening the Property; and
WHEREAS, this Settlement Agreement constitutes compromises between Ritz Plaza and the
City under the City's former land development regulations, in order to settle the complaint for
declaratory relief styled Ritz Plaza Hotel COI:p.. d/b/a the Ritz PJ~7" Hotel v, City of Miami Beach.
Florida. a municipal cOl:poration, 11th Judicial Circuit Case Number 98-19193 CA 27; the appeal
pending before the Special Master of the City of Miami Beach styled In Re Ritz Plaza Hotel Miami
Beach, Florida; and the Bert J, Harris, Jr. Private Property Rights Protection Act Claim filed with
the City of Miami Beach on January 21, 1999 pertaining to the Ritz Plaza Hotel, 170 I Collins
A venue, Miami Beach, Florida; and
WHEREAS, in consideration of the mutual promises, covenants and conditions herein, the
Parties stipulate and agree as follows:
RITZ PLAZA'S PREFERRED ALTERNATIVE
The foregoing recitals are true and correct.
1, Ritz Plaza shall be allowed to construct and renovate the Ritz Plaza Hotel as set forth
in the Joint Board Order as modified on August 8, 2000, attached hereto as Exhibit
A, the Historic Preservation Board Order as modified on August 8, 2000, attached
hereto as Exhibit B, and the Board of Adjustment Order attached hereto as Exhibit
C, except as otherwise modified herein upon receipt of a final, non-appealable order
approving this Settlement Agreement by a court of competent jurisdiction.
2, The City and Ritz Plaza shall vigorously defend against the two Petitions for Writ of
Certiorari ("Petitions") filed challenging the variances, as set forth in Illh Juridical
Circuit Case Numbers 00-091 AP and 00 092-AP,
3. The City agrees to move to abate the Petitions until there is a final non appealable
order either approving or denying the Settlement Agreement. Upon the rendition a
final non appealable order approving the Settlement Agreement, Ritz Plaza agrees
that it will dismiss or withdraw with prejudice all three of the pending actions listed
above and waives any other claims that may arise under Ordinance 97-3097 and the
rezoning and comprehensive plan amendment ordinances passed on first reading on
March 17, 1999 (Items R5-G and R5-H). In the event that this Settlement Agreement
is deemed unforceable or invalid pursuant to the rendition of a final non appealable
order by a court of competent jurisdiction, then the City and Ritz Plaza will move to
withdraw the abatement of the Petitions, and the City agrees to actively defend the
BOA approval against the Petitions.
2
4. The City hereby agrees to extend the approval, and all conditions therein, set forth
in the Board of Adjustment Order through June 30, 200 I.
5. The City hereby agrees to extend the approval, and all conditions therein, set forth
in the Joint Board Order through June 30, 2001,
6, No further extensions of time will be granted by the Joint Board or the Historic
Preservation Board,
7, Notwithstanding anything to the contrary in the Joint Board Order and the Historic
Preservation Board Order, Ritz Plaza shall be allowed to secure a demolition permit
and a foundation permit upon receipt of a final order rendered by a court of
competent jurisdiction approving the Settlement Agreement. The obtaining of either
a demolition permit or a foundation permit shall in no event entitle Ritz Plaza to a
claim of vested rights or equitable estoppel.
8. The City and Ritz Plaza agree to cooperate with each other and may file any motions
or other pleadings required in the pending actions in support of each other's
positions. The Parties agree that such filings will be without prejudice to any claims,
defenses or positions that each party may have as of the date of this Settlement
Agreement.
9. The Parties agree that if final, non-appealable approval of this Settlement Agreement
has not been granted by a court of competent jurisdiction by January 1,2001, either
party may terminate this Settlement Agreement, except that if the only pending issue
is a third party challenge, the Parties shall have an additional six months, until June
I, 200 I, to resolve such challenge prior to exercising their right to terminate this
Settlement Agreement. The Parties retain the right to modify this Settlement
Agreement as may be necessary to effectuate the intent of the Parties in the future
upon mutual written agreement.
3
RITZ PLAZA'S SECOND ALTERNATIVE
The foregoing recitals are true and correct.
I. Ritz Plaza shall be allowed to construct and renovate the Ritz Plaza Hotel as set forth
in the Joint Board Order as modified on August 8, 2000, attached hereto as Exhibit
A, the Historic Preservation Board Order as modified on August 8, 2000, attached
hereto as Exhibit B, and the Board of Adjustment Order attached hereto as Exhibit
C, except as otherwise modified herein upon receipt of a final, non-appealable order
approving this Settlement Agreement by a court of competent jurisdiction.
2, The City and Ritz Plaza shall vigorously defend against the two Petitions for Writ of
Certiorari ("Petitions") filed against the variances, as set forth in Case Numbers
00-091 AP and 00 092-AP, The City agrees not to move to abate the Petitions.
3. The City hereby agrees to extend the approval, and all conditions therein, set forth
in the Board of Adjustment Order through June 30, 2001.
4, The City hereby agrees to extend the approval, and all conditions therein, set forth
in the Joint Board Order through June 30, 200 I,
5. No further extensions of time will be granted by the Joint Board or the Historic
Preservation Board.
6, Ritz Plaza has filed the Modified Application, which is kept on file with the Planning
Department, seeking Joint Board approval to modifY the existing Joint Board Order
and Historic Preservation Board Order.
7. Ritz Plaza has also filed an application with the Board of Adjustment, sitting as the
Flood Plain Management Board, pursuant to Section 8-15 of the Code (Application
No. FPOOOI) (the "FEMA Application"), The FEMA application and its attendant
plans are on file with the Planning Department.
8. Assuming that the Joint Board, the Historic Preservation Board, and the Board of
Adjustment, sitting as the Flood Plain Management Board, approve the Modified
Application and FEMA Application, or plans that are substantially similar, and that
all such approvals become final and non appealable, and there is a final non
appealable order on the Petitions or on this Settlement Agreement, Ritz Plaza agrees
that it will dismiss or withdraw with prejudice all three ofthe pending actions listed
above and waives any other claims that may arise under Ordinance 97-3097 and the
rezoning and comprehensive plan amendment ordinances passed on first reading on
March 17, 1999 (Items R5-G and R5-H). In the event of a third party appeal of any
4
such approval, the City and Ritz Plaza agree to actively defend against such appeal,
in the same manner as it defends other such approvals, along with the Ritz Plaza.
9, The City and Ritz Plaza agree to cooperate with each other and may file any motions
or other pleadings required in the pending actions in support of each other's
positions. The Parties agree that such filings will be without prejudice to any claims,
defenses or positions that each party may have as of the date of this Settlement
Agreement.
10. Both Parties agree that if the final non appealable approvals of the Modified
Application, the FEMA Application and this Settlement Agreement or the Petitions
have not been granted by January I, 2000, either party may terminate this Settlement
Agreement, except that if the only pending issue is the third party challenge to any
of the approvals, the Parties shall have an additional six months, until June I, 200 I,
to resolve such challenge prior to exercising their right to terminate this Settlement
Agreement. The Parties retain the right to modify this Settlement Agreement as may
be necessary to effectuate the intent of the Parties in the future upon mutual written
agreement,
II. Ritz Plaza acknowledges that the Historic Preservation Board, the Joint Board, and
the Board of Adjustment, sitting as the Flood Plain Management Board, retain full
authority to review, approve, approved with modifications and/or deny the pending
applications,
The following language shall apply to both the
preferred alternative and the second alternative
I, The Parties agree that they shall each bear their own attorneys' fees, expenses, and
costs arising out of this litigation.
2, This Settlement Agreement is binding on the Parties hereto and the Parties agree to
execute any and all documents necessary to ratify and confirm the terms and
provisions of this Settlement Agreement.
3. This Settlement Agreement shall be deemed drafted by the Parties and there shall be
no presumption against any party relating to the drafting of said Settlement
Agreement and the language used herein.
4, This Settlement Agreement and its enforcement shall be governed by the laws of the
State of Florida,
5
5, The Parties signing this Settlement Agreement represent and warrant that they have
full and complete legal and binding authority to enter into said Settlement
Agreement.
6, The terms of this Settlement Agreement shall be binding on the Parties, their
successors and assigns, and shall supersede all prior discussions and negotiations
among the Parties concerning settlement, including but not limited to that certain
Ritz Plaza Settlement Agreement dated April 23, 1999, This Settlement Agreement
represents the entire agreement of the Parties and shall not be modified except by a
writing signed by all of the Parties,
7, The terms of this Settlement Agreement may be modified if mutually agreed upon,
in writing, by the Parties,
8. This Settlement Agreement may be signed in counterparts, and the signature
counterparts of the Parties or their authorized representative shall be treated the same
as if said Settlement Agreement had been signed by all Parties or their authorized
representatives. A facsimile signature shall be deemed the equivalent of an original
signature of a party or its authorized representative.
6
9.
Notices shall be sent via Certified Mail, Hand Delivery or Federal Express as follows:
Lawrence Levy
City Manager
1700 Convention Center Drive, Fourth Floor
Miami Beach, Florida 33139
Murray Dubbin, Esq,
City Attorney
Office of the City Attorney
1700 Convention Center Drive, Fourth Floor
Miami Beach, Florida 33139
Santiago D. Echemendia, P.A.
Tew Cardenas Rebak Kellogg
Lehman DeMaria & Tague
Miami Center, 26th Floor
201 S. Biscayne Boulevard
Miami, Florida 33131-4336
Telephone No,: (305) 536-1112
Gabriela Contreras
Ritz Plaza Hotel
170 I Collins Avenue
Miami Beach, Florida 33139
10. This Settlement Agreement is executed by the Parties as of the date stated at the end
of the Settlement Agreement.
DATED THIS _ DAY OF AUGUST, 2000
CITY OF MIAMI BEACH
RITZ PLAZA HOTEL CORPORATION,
By:
By:
Neisen Kasdin, Mayor
By:
: :ODMA \MHODMA \Miami;241228;3
7
ORDERS GRANTING
AUGUST 8, 2000
HISTORIC
PRESERVATION BOARD
APPROVALS PENDING
SIGNATURE. WILL BE
ADDED UPON RECEIPT.
UNSIGNED ORDER
AVAILABLE IN
PLANNING
DEPARTMENT FOR
REVIEW.
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ESIGNREVtEW/HlsTORrG PRESERVATION BOAR
City of~i Beach, Florida
M ETfNG DATE:
August 18, 1999
;\:
"
INRE:
The Application for .1J. Cer.tl:frca:te of Appropriate
Review Approval, for tile partial demolition
renovation of an '.existit)g' hotel, in conju
construction ot a neW sevefl (7) story tower at t
of the property. .
ess and Design
alteration and
'tion with the
rear (east side)
.'
p, OPERTY:
1701 Collins Avenue
~:
Ff E NO:
114a4J
-;,
I., O';~'D ER, ,
T e applicant. Ritz Plaza Corporation;; filed' an application with t
a ach's Pianni~ Department for a 'Certi'frcate. of Appropriateness a
a: proval.
e City of Miami
Design Review
-
,.
,
"
,.
, e City of Mr mi &l!oh's Design ReviewlHistoric Preservation
f; !lowing FINDl GS OF FACT, based 4P0fl the evidence, informat!
,ateria/s prested at the pUQlic heafln'g and which is part of t
atter: I .: . , '
The propos'ad project is lottated if.\.ti;\e,Oooan Drive/Collins Av
and Natibnal Register Disti,ictS";of the ,City of Miami Beac
structurJ on the site is designated .contributing" on the Mi
Properti~s Database.
oard makes the
, testimony and
record for this
,
:..
Based 0 the plans and documents submitted with the app
anq info mation proVided by tt:1e,.appf1t;:ant, and the reaso
Pfanning 'Department Staff Report,. the proiect as submitte
with th Design Review Criteria''NOs. 3, 4, 10, 11 & 14 in S
the Mi]a i Beach Code, is notco,rlsls.tent with Certificate
Criteria Nos. 3 in Section 11 ~f5U4Ib} of the Miami Bea
clJmply with the Secretary of :Inter;or's Standards for
Guidelis for Rehabilitating H;~tcrjc.Buildings as revised fr
The proJect would be consi,stent with the afore-stated criter' and requirements
if the fjflowing conditions are met:
1 ' A certIfied structural report shall be requirad from a Ii nsed professional .
ei9ineer, evaluating the structural condition of the 8, isting building and ,.
EXHIBIT 1 ~ '
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ue Local Historic
and the subject
i Beach Historic
stion,testimony
set forth in the
is not consistent
ction 118-251 of
Appropriateness
Code, and does
ehabilitation and
m time to time.
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cart fying that the demolition of any portion of the
exi,8 .ing 8trl,lcturas will not ieSult in any destabilization
oth r portion of the. Ei'lt(is~,\ig building, as well as sp
ele. tion a.lld in writing, &ily physical measuras, su
br' ing or shofing, or P;efm~ent &ti'tictural changes as
or r quired to ensure. the str.ucturlif stability and integri
bll~" jng.
Re. ised elevation and site.. 'plan drawings shall be s bmitted to and
ap roved by ~taff; at a mInimum, said drawings she incorporate the
foflowing:
xisting site or
collapse of any
cifying in plan,
as temporary
y be necessary
of the existing
a.
The gates to. the su~'terian:aan parking level sh I be required to
pivot, and the datai~and design of said fixture shall be subject
to. the review .and .app.rovai of staff.
3.
Thr proposed landsciiP,e ~~;aod front court plan, as
and details of sfl exterror decking,' shall be brought bac
Berd for final review anEf.~PPJ'o;'al, D.ti2L to the issu
Pe~~it. The new front'~;fi.lan'shall be restored, to t
SAG highest degree possible, based upon all
dotumentation; this may include the reintroductio
balrtrade fence and fOUl\tain.
Alii building sign8~~ .sh~~~b.e cons.istent in type,. c
mounted, non-plastIc rndlVldual letters and shall reqUIre
Thl final Elxterior suriacecoklr scheme, including color
suhie,ct to the review and\approval of staff and shari
pe~;"'lIt.
T Ie applicant shall make \i:p'plicatron to the Board of
aJ: all variances reiquire&,witiliri60 days of this app
S~d variances are requirepprior.to the issuance of 6
tl. project. If the variances are not granted, then
b come null and void,
A traffiil miti.gatiol1 plan. ,which addresses all roadw
ILpSI defir,:jenciesrelati~r ~to the concurrency requir
1 i2 of the Zoning Ordl~Mce, shall be required an
plkns shall meet all oths'r" Zoning Ordinance require
m tlgation plan shall be prepared by the applicant,
a proved by the Planning and Zoning Director, re.
ell as the design
before the Joint
ce of a Building
greatest extent
ail able historic
of the original
4.
posed of flush
separate permit.
5.
am pIes, shall be
quire a separate
justment for any
val, Approval of
ilding Permit for
is approval shall
Level of Serv.ice
ants of Chapter
the final building
nts. Said traffic
ubmitted to and
rted to the City
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Co~mission and shall be e){~cuted by the parties referen d therein, prj.Q[
to 6 issuance of a Buitdlllg'f.'ermiL Any building pe it obtained for
work contemplated~rcin': sheil be contingent upon the terms and
pro isions for effectua\jh#iithe proposed traffic mitigat n plan and the
doc mentation and acceptah.ceof a corresponding mitig tion agreement,
as pplicable, whIch shall b:e the epplicant's responsibi
8.
Ma?ufactur.ers drawings and Dade County product appro
all Oew windows, doprs and 'glass. shell be required, .
of 1 building ~rmit.
All roof-top fixtures, a}r-cqflditioning units and mecha
?ei'tearIY noted on a ~vf~d roof plan and shall be ser
In manner to be approved by staff,
Re ised drawings, with. corresponding color photo
s+ate from the constr'(J~iQn dfBWfngs and which cle
eXiFting conciitions ,Of t~:S!lbject buitding, shalt be
dr~wings and phl)trigr.aP:h~ shall'include all four elev
Horr plans of said building,; as w.eU as a site plen.
A historic analysis of the :existing structure, inclusive
an . written description of. the history and eva/uti
" .
/):(J /.Cling on site, shair be s,U9mitted to and approved by
iss . Bnce of a Building Permit: said historic analY6is
pre>'minently within the pUblic area of the structure, i
determined by 6taff. .
All new and altered BI,ements, spaces and area shall meet the
rerire~ents of the Florida .Accessibility co~e (FAC).
Tlie project shall comply :W1th any landscaping or ot
inlprovement standllfds ~'fTlay be prescribed by a rele
Master Plan approved prior to the completion of t
is I vance of a Certificate of Occupancy.
. a/ numbers for
to the issuance
9..
al devices shall
ned from view,
10,
raphs, that are
Iy document the
ubmltted. Said
ons and interior
f a photographic
of the original
taft, Illio.r. to the
all be displeyed
a location to be
r sidewalk/street
ant Urban Design
project and the
T is Final Order shail be 'J:$corded in the Public Reco s of Miami-Dade
C unty, milll: to the issu~ce of s Building Permit.
IS HEREBY ORDERED, basedu~rthe foregoing findings of
i ormation, testimony and materiaJs ,,'resented at the public heari
. .
he record for his matter Bnd the stalf report and analysis, whic
neluding the taff recommendations which were amended by t
ct, the evidence,
, which is part of
is adopted herein,
e Board, that the
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Ap kation for a ertificata of ApproPfiat~ness and Design Review ap
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for the above-referenced project SUDj6.Ct to those certain conditi
par graph C of tlf Findings of Fact Rerenf lconditions #1-14, inclusiv
ap Iicant has agTed.
" ,No building permit may be issued unl8&5 a;na until all conditions of app val as sat forth
he ein hava be3 met. the issuaoC:S of is ;Certificate of Appropriate ess and Design
Re law approval dnes not relieve the :aJl'IilHcent from obtaining Bother required
M.nicipal, ;Coun y and/or State review~~i:1d p8l'mits, including zon 9 approval. If
ad qu<\.te handi . pped access is notpto:.fid'ed, t~is approval does no ean that such
h . dicappe.d ecCJS8 is not required or th~t,the B.oard supports an ap cant's effort to
s~ k waivers ~el1t;ng ~~ ~tmdicap~d aC~~Ssibility requirements,
oval ;5 granted
s specified in
l. to which the
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sa.hsfactorilyad reSsect"the i>tans:wm'U~'~iriewed for building permi approval. Two
(2 sets will be r turned to you fon.ubnllSsiQn for a building permit a one (1) set will
be retained tor t~e Design Review Board\s .file. If the Full Building Pe it is not issued
, wi h~n onel1} y~ar of the rendjtjo~ .of thiS; O~de.ralid constructi~n do . not commence
Wi m two 121 ybars of. the r!'lndltttm l)f-.thls Ord.er, and contmue hgently through
DCCltePdletthiol'sn, the I esign R1}view approval will.expire end become nu and void.
,,/If'1.. day of ~i71. ,1999,
DESIGN !1EVIEW/HISTORIC PRESE ATION BOARD
, THE drY OFMI I BEA , LO IDA
BY:
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fl' do'Om,", " 'h, '1",1 O,d" 1m ORB FlI, No. 11464J. whi'h
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'- '?_;l:(;J.',;),~L~ING& 2ON1N~. , C.~: 3OS6737559 May 30 C" 16: 32 P. 01/OS
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OF ~~ll EA~CH' F~LORIDA.
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THlSMAS]R.OONEY, AI"
Principal tanner ,
SATE OF FLORIDA }
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C UNTV OF MI~MI-DADE )
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ORDERS GRANTING
AUGUST 8, 2000
HISTORIC
PRESERVATION BOARD
APPROVALS PENDING
SIGNATURE. WILL BE
ADDED UPON RECEIPT.
UNSIGNED ORDER
AVAILABLE IN
PLANNING
DEPARTMENT FOR
REVIEW.
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: August 18, 1999
IN RE: The application for a Certificate of Appropriateness for Demolition
for the partial demolition and alteration of an existing hotel, in
conjunction with the construction of a new seven (7) story tower
at the rear (east side) of the property.
PROPERTY: 1701 Collins Avenue
HPB FILE NO: 1114
ORDER
The applicant, Ritz Plaza Corporation, filed an application with the City of Miami
Beach's Planning Department for a Certificate of Appropriateness for Demolition for
the partial demolition and alteration of an existing hotel. in conjunction with the
construction of a new seven (7) story tower at the rear (east side) of the property.
The City of Miami Beach's Historic Preservation Board makes the following FINDINGS
OF FACT:
A. The proposed project site is located in the Ocean Drive/Collins Avenue Local
Historic District in the City of Miami Beach, The subject structure on site is
designated "contributing" in the Miami Beach Historic Properties Database.
B. A decision by the Historic Preservation Board on an application for a Certificate
of Appropriateness for Demolition encompasses a review of the proposed
demolition for the subject structure, and proposed replacement project, for
consistency with the Evaluation Criteria stated in the Code of the City of Miami
Beach, Section 118-564 (f)(4). Based on the application, plans. photographs
and documents submitted, the staff report and analysis prepared by the
Planning Department, dated August 18, 1999. the proposed demolition, as
requested is not consistent with Evaluation Criteria Nos. 2. 3, 5. 7. 8 & 9.
C. Based on the findings contained in paragraphs A and B above. the demolition
of the subject structures would be consistent with the aforedescribed Evaluation
Criteria if the following conditions are met:
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1 , The requested demolition of all features associated with the proposed landscape
plan and front court plan, shall be brought back before the Historic Preservation
Board for final review and approval, QtiQr to the issuance of a Building Permit.
The new front court plan shall be restored, to the greatest extent and highest
degree possible, based upon all available historic documentation; this may
include the reintroduction of the original balustrade fence and fountain.
2. Revised architectural drawings, including floor plans, elevations, building
sections, as well as details where necessary, shall be submitted for the review
and approval of staff; at a minimum, said drawings shall incorporate the
fOllowing:
a. Additional documentation of the existing and proposed conditions of the
east elevation of the main hotel structure and its elements associated
with the pool deck area, including floor plans, elevations, and details
where necessary, shall be submitted.
b. Additional information of the existing conditions of the existing one story
open cabana structure located at the northeast corner of the subject
property, including floor plans, elevations, and details where necessary,
as well as historical documentation (i.e. microfilm of the original
architectural drawings, historic photographs, etc.) shall be submitted.
3. The significant existing landscape elements on the site shall be
preserved/relocated and botanically enhanced to retain the special tropical
setting and character of the subject site.
4. All proposed new construction associated with this Certificate of
Appropriateness for Demolition on the subject site shall be consistent with the
Design Review Approval and a Certificate of Appropriateness approved by the
Joint Design Review/Historic Preservation Board (DRB File No. 11464J).
5. A permit for any demolition approved by the Historic Preservation Board on the
subject property shall not be issued by the Building Department until a building
permit for the new construction (ORB File No. 11464Jl has been pulled.
6. A drawn plan and written procedure for the proposed demolition shall be
prepared and submitted by a registered architect or licensed professionai
engineer in the State of Florida which fully ensures the protection of the public
safety as well as protection of all existing structures adjacent to the subject site
as well as the COllins Canal during the course of demolition.
7, The Certificate of Appropriateness for Demolition shall only remain in effect for
the period of time that there is an active Design Review Approval and Certificate
of Appropriateness for the associated new construction (ORB File No. 11464Jl
on the subject property.
8. This Final Order shall be recorded in the Public Records of Miami-Dade County,
I2ill1l to the issuance of a Building Permit.
9. An historic analysis of the Ritz Plaza Hotel, inclusive of a photographic and
written description of the history and evolution of the original building and site,
shall be submitted to and approved by staff, I2ill1l to the issuance of a
Demolition and Building Permit; said historic analysis shall be displayed
prominently within the public area of the structure, in a location to be
determined by staff.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence,
information, testimony and materials presented at the public hearing, which is part of
the record for this matter and the staff report and analysis, which is adopted herein,
including the staff recommendations which were amended by the Board, that the
Application for a Certificate of Appropriateness for Demolition is granted for the above-
referenced project, subject to those certain conditions specified in paragraph C of the
Findings of Fact hereof (conditions #1-9, inclusive). to which the applicant has agreed.
No demolition permit for Board approved work may be issued unless and until all
conditions of approval, as set forth herein, have been met. The issuance of a
Certificate of Appropriateness for Demolition does not relieve the applicant from
obtaining all other required Municipal, County and/or State reviews and permits,
including zoning approval. This Certificate of Appropriateness for Demolition shall only
remain valid and in full force and effect for the period of time that there is an active
Design Review Approval and Certificate of Appropriateness for the associated new
construction on the subject property (Design Review Board File #11464J). and upon
expiration of such Design Review Approval and Certificate of Appropriateness, this
Certificate of Appropriateness for Demolition shall contemporaneously and
automatically expire.
When requesting a demolition permit, three (3) sets of plans approved by the Board,
modified in accordance with the above conditions, shall be submitted to the Planning
Department, If all of the above-specified conditions are satisfactorily addressed, the
plans will be reviewed for demolition permit approval. Two (2l sets will be returned
to you for submission for a demolition permit and one (1) set will be retained for the
Planning Department's file.
Dated this '3 1 day of Au/rz:xS--Y 1999.
HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI BEACH, FLORIDA
BY:
)~
STATE OF FLORIDA I
ISS
COUNTY OF MIAMI-DADE )
H <<ft.-.1 ~<.l S ;. personally appeared before me and
subscribed as the person who has executed said instrument for the purposes therein
expressed and who is personally known30 me.
Sworn and subscribed this ') is- I" day of
(Ji-AI( '--0 A ' 17f~1
19jJ
Approved As To Form:
Legal Department: ~y '(-*-<\'j.
Filed with the Clerk of the Historic Preservation Board on ~- S 1-1~ ~
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BEFORE THE BOARD OF ADJUSTMENT
OF THE CITY OF MIAMI BEACH, FLORIDA
MEETING DATE: FEBRUARY 4, 2000
FILE NO. 2720
IN RE:
The application of
RITZ PLAZA HOTEL CORPORATION
1701 COLLINS AVENUE
LOTS 1,2,19 AND 20; BLOCK 28
ALTON BEACH FIRST SUBDIVISION
PLAT BOOK 2 - PAGE 77
ORDER
The applicant, Ritz Plaza Hotel Corporation, filed an application with the Pianning
Department for variances in order to construct a seven (7) story, 79' - 2" high, 80
room, detached addition to an existing hotel with 68 parking spaces.
1. A variance to exceed by 29' - 2" the maximum permitted height of 50' - 0" in
order to construct a 79' - 2" high detached hotel addition in the rear of the
subject property.
2. A variance to exceed by two (2) stories, the five (5) story maximum for ground
floor additions to existing buildings on Oceanfront lots in order to construct a
seven (7) story addition in the rear of the subject property.
3, A variance to waive 29' - 0" of the minimum required 151' - 0" rear tower
setback in order to construct the above hotel addition with the tower portion
122' - 0" from the rear property line (Erosion Control Line - ECl).
Notice of the request for variance was given as required by law and mailed to owners
of property within a distance of 375 feet of the exterior limits of the property on which
application was made,
THE BOARD FINDS that the property in question is located in the RM-3 Zoning District,
THE BOARD FURTHER FINDS, based upon evidence, testimony, information and
documentation presented to the Board, and portions of the staff report and
recommendations, as applicable, which are incorporated herein by this reference, that
with regard to Variance Request Nos. 1 and 2:
That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures,
or buildings in the same zoning district;
EXHIBIT
Page 1 of 4
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File No. 2720
Ritz Plaza Hotel Corn.
1701 Collins Avenue
That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures,
or buildings in the same zoning district;
That the special conditions and circumstances do not result from the action of the
applicant;
That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings, or structures in the
same zoning district;
That literal interpretation of the provIsions of this Ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of this Ordinance and would work unnecessary and undue hardship
on the applicant;
That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
That the granting of the variance will be in harmony with the general intent and
purpose of this Ordinance and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
That the granting of this request is consistent with the comprehensive plan and does
not reduce the levels of service as set forth in the plan.
IT IS THEREFORE ORDERED, by the Board. that Variance Request Nos. 1 and 2. as
requested and set forth above be APPROVED with the following conditions to which
the applicant has agreed:
1. The applicant shall comply with all the conditions imposed by the Joint Design
ReviewlHistoric Preservation Board,
2. The two hotei units that encroach into the rear tower setback (variance request
#3) may be eliminated or relocated to the western side of the new tower.
Design staff will determine whether the redesign of the tower can be approved
at a staff level or whether the new design must be sent beck to the Joint
Design ReviewlHistoric Preservation Board for approval.
3. The applicant shall resolve any outstanding City Liens prior to obtaining a
Building Permit.
Page 2 of 4
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File
Ritz
1701
No. 2720
Plaza Hotel Corp.
Collins Avenue
4.
The required parking for the project shall either be provided on the subject
property or in a parking lot within 1 200 feet of the property and connected to
the property by means of a Unity of Title or similar legal instrument acceptable
to the office of the City Attorney, or by the payment of a parking imp'act fee at
$1 5,000 per space, or some combination thereof,
5.
The applicant shall comply with any conditions that may be imposed by the
Public Works Department,
6.
The applicant shall obtain a building permit within 6 months of the date of this
approval and the project, inclusive of compliance with the conditions imposed,
herein, shall be completed within 30 months of the date of this approval.
PROVIDED, the applicant shall build in accordance with the plans submitted as part of
this file and as approved by the Board of Adjustment with any applicable
modifications. The applicant shall have a building permit for the work contemplated
herein issued by the Building Department on or before August 4, 2000 (within six (6)
months of the date of this hearing), otherwise this Order shall become null and void,
unless the issuance of such permit is stayed by an appeal of this Order to a court of
competent jurisdiction. This Order does not constitute a building permit, but upon
presentation of a recorded copy of this Order to the Planning Department, a permit
shall be processed and approved (subject to compliance with the conditions hereof)
in accordance with and pursuant to the ordinances of the City of Miami Beach.
THE BOARD FURTHER FINDS that as to Variance Request No.3, the requirements and
criteria established by the Zoning Ordinance for issuance of a variance have not been
satisfied or fulfilled, and the literal enforcement of the Zoning Ordinance will not result
in unnecessary or undue hardship. IT IS THEREFORE ORDERED, bY the Board, that
Variance Reouest NO.3 as requested and set forth above, be DENIED,
By:
Board of Adjustment of
Tho e"r 0' Miom~ Flmido
or e ez
I ning and Zoning Direct
lty of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Page 3 of ,\
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File No. 2720
Ritz Plaza Hotel Corvo
1701 Collins Avenue
.
STATE OF FLORIDA I
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this. / i 171 day of
f '-'1/'-Wt/( ~ , 'L~\l V , by Jorge Gomez, Planning and Zoning Director of the
City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the
oocpo,"';oo. H,;, ~"'oo.IIV 'oowo.!o m,. ~()-?
Notary:
Print Name: elf H (<'J ;1, j"-pj-r-r
[NOTARIAL SEAl] Notary Public, State of Florida
My Commission Expires:
Commission Number:
Approved As To Form:
Legal Department ( ~ '2.-/<(_]..000 )
Filed with the Clerk of the Board of Adjustment on 1 ~~ 000 ( ?'2 N
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