2008-26976 ResoRESOLUTION NO. 2009-26976
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING PURSUANT TO MIAMI BEACH CITY CODE SECTION
118-262, TO REVIEW A DESIGN REVIEW BOARD DECISION
REQUESTED BY 1100 WEST PROPERTIES, LLC, PERTAINING
TO DRB FILE NO. 20181 FOR THE PROPERTY LOCATED AT
1100 WEST AVENUE.
WHEREAS, a process for review by the Mayor and City Commission of decisions
rendered by the Design Review Board when requested by an applicant or any affected
person has been established under Section 118-262 of the Miami Beach City Code; and
WHEREAS, 1100 West Properties, LLC, has requested a review of the Design
Review Board decision rendered on November 6, 2008, (DRB File No. 20181) pertaining to
a modification to the Consolidated Final Order for the development project at 1100 West
Avenue.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the setting of a public hearing on February 25, 2009 to
consider the review of a Design Review Board decision in DRB File No. 20181, pertaining
to a modification to the Consolidated Final Order for the development project at 1100 West
Avenue, as requested by 1100 West Properties, LLC.
PASSED and ADOPTED this 28th day of January, 2009.
ATTEST:
Q.t..P..et..,--- .
CITY CLERK A R
Robert Parcher Matti H. Bower
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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T:\AGENDA\2009Wanuary 28\Consent\DRB File No. 20181- PH RESO.doc
' COMMISSION ITEM SUMMARY
Condensed Title:
Setting of Public Hearing - Pursuant to Miami Beach City Code Section 118-262, to review a Design
Review Board decision (DRB File No. 20181) rendered on November 6, 2008, requested by 1100
West Properties, LLC.
Ke Intended Outcome Su orted:
Not Applicable
Issue:
Pursuant to Miami Beach City Code Section 118-262, the Administration is requesting that the Mayor and
City Commission schedule a Public Hearing on February 25, 2009 to review a decision of the Design
Review Board pertaining to DRB File No. 20181, requested by 1100 West Properties, LLC.
Item Summa /Recommendation:
The Administration recommends that the City Commission adopt the Resolution scheduling a Public
Hearing on February 25, 2009.
~avisory ~soara rcecommenaai~on:
The Design Review Board approved the subject application on November 4, 2008.
Financial Information:
Source of Amount Account Approved
Funds: ~
2
3
4
OBPI Total
Financial Impact Summary:
The proposed Resolution is not expected to have any fiscal impact
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Tom Mooney
Sian-Offs:
~ Department [director ~ , Assistant City Manager ~ City Manager ~
~l I ~ E~-~ H AGENDADA E c~ ~
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
~`
DATE: January 28, 2009 ~~•`
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT TO
MIAMI BEACH CITY CODE SECTION 118-262, TO REVIEW A DESIGN REVIEW
BOARD DECISION REQUESTED BY 1100 WEST PROPERTIES, LLC,
PERTAINING TO DRB FILE NO. 20181 FOR THE PROPERTY LOCATED AT
1100 WEST AVENUE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Pursuant to City Code Section 118-262, 1100 West Properties, LLC, is requesting a review
of the Design Review Board decision rendered on November 6, 2008 (DRB File No. 20181)
pertaining to a modification to the Consolidated Final Order for the development project at
1100 West Avenue.
The Design Review Section of the Miami Beach Code allows the applicant, or the city
manager on behalf of the city administration, or an affected person, Miami Design
Preservation League or Dade Heritage Trust to seek a review of any Design Review Board
Order by the City Commission. For purposes of this section, "affected person" shall mean
either (i) a person owning property within 375 feet of the applicant's project reviewed by the
board, or (ii) a person that appeared before the Design Review Board (directly or
represented by counsel), and whose appearance is confirmed in the record of the Design
Review Board's public hearing(s) for such project.
Pursuant to Section 118-262 of the Miami Beach Code, the review by the City Commission
is not a "de novo" hearing. It must be based upon the record of the hearing before the
Design Review Board. Furthermore, Section 118-262 (b) states the following:
In order to reverse, or remand for amendment, modification or rehearing any decision of the
Design Review Board, the City Commission shall find that the Design Review Board did not
do one of the following:
1) provide procedural due process;
2) observe essential requirements of law; or
3) base its decision upon substantial, competent evidence.
In order to reverse or remand a decision of the DRB, a 5/7th vote of the City Commission
is required.
January 28, 2009
Commission Memorandum
Appeal of DRB File No. 20181
Page 2 of 2
CONCLUSION
The Administration recommends setting a public hearing on February 25, 2009 to review a
decision of the Design Review Board pertaining to DRB file No. 20181.
JMG/TH//TRM
T:1A~ENDA12009Wanuary 281ConsentlDR6 File No. 20181- MEM PH.doc
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ZOQ9 ~10~ 26 P~ 3' 35 6741 Orange Drive,
Davie, Florida 33314
CITY Ct_hi~,~,S ~~F (C[Tel: (954) 321-7701 Fax: (954) 7~ - ----- --"' ~""
November 26, 2008
The City of Miami Beach _ . _ _ _ _ _ _ _ _ ___. .
c/o The City Clerk
1700 Convention Centex Drive, First Floor
Miami Beach, Florida 33139 '
Rlr: 1100 West Avenue -Appeal of Design Review Board Amended Consolidated
Order, rendered on November 6, 2008
Dear Mr. Parcher:
We represent 1100 West Properties, LLC ("1100 West"), the owner of the property (the
"Property") having an address of 1100 West Avenue, Miami Beach, Florida. We hereby appeal
to the Mayor and, City Commission the Amended Consolidated Order of the City of Miami
Beach (the "City") Design Review Board (the "DRB"), rendered on November 6, 2008,
regarding the Property. Copies of the Amended Consolidated Order and the Consolidated Order
(collectively, the "Orders") are attached hereto and incorporated herein. .
1100 West filed an application (the "Application") with the DRB for design review approval
regaxding improvements to the Property.. The Planning Department of the City indicated that it
would not issue a positive recommendation for the Application unless 1100 West agreed to
construct a Baywalk adjacent to the Property and, if permits could not be obtained for a
Baywalk, that 1100 West pay for right-of--way improvements, such as a new park (collectively,
the "Public Improvements"), at the western terminus of 10~' Street on public property. 1100
West estimates that the cost of the Public Improvements will be hundreds of thousands of
dollars. The Improvements are not a part of the Property and were never part of the Application
to the DRB.
1100 West hereby appeals the provisions of the Orders that require 1100 West to pay hundreds
of thousands of dollars in public improvements as a condition of being able to make
improvements to its own private Propertyl. Pursuant to Section 118-262 of the City Code, a
DRB decision must be reversed if the DRB did not observe the essential requirements .of law.
The powers of the DRB, as set forth in the City Code, do not include the right to force private
property owners to spend hundreds of thousands of dollars in public improvements as a condition
' 1100 West has no objection to the Orders' provisions requiring the construction of the Baywalk, since the Baywalk
is part of the Property which is the subject of the Application.
of receiving design review approval and being able to renovate their own private property. See,
e.g., Code Sections 118-251 and 118-254 ("design review encompasses the examination of
architectural drawings..."). Simply put, the DRB is a design board, whose jurisdiction is limited
to reviewing the design aspects of the applicant's property. In reviewing an application, the
DRB must confine its review to the design review criteria stated in the Code.
Based on the foregoing, the provisions of the Orders requiring the expenditure of funds by 1100
West for unrelated public improvements are illegal and must be stricken from the Orders.
Very truly yours,
David Nevel
cc: Mr. Jorge Gomez, Planning Director
Mr. Jose Smith, City Attorney
Mr. Thomas Mooney, Design and Preservation Manager
Mr. Gary Held, First Assistant City Attorney
By:
Nevel & Greenfield, P.A.
6741 Orange Drive
Davie, Ada ~3~3~i-~~
DAVID ~
Florida Bar No. 201537
DESIGN REVIEW BOARD
City of Miami Beach, Florida
MEETING DATE: June 5, 2007
0
IN RE: The Application for Design Review Approval for a new landscape plan for the
entire site, as well as for alterations to the existing exterior elevations,
including modifications to the windows, doors, and ports-cochere, and the
construction of new 2-story cabanas at the rear of the site.
FILE NO: 20181
PROPERTY; 1100 West Avenue
CONSOLIDATED O R D E R
The applicant, 1100 West Properties, L.L.C., filed an application with the• pity of Miami Beach
Planning Department for Design Review Approval.
The City of Miami Beach Design Review Board makes the following FINDINGS OF FACT, based
upon the evidence, information, testimony and materials presented at the public hearing and which
are part of the record for this matter:
A. Based on the plans and documents submitted with the application, testimony and
information provided bythe applicant, the reasons set forth in the Planning Department Staff
Report, and the original order Issued March 6, 2007 and the conditions stated therein (which
order Is Incorporated herein), the project, as submitted is not consistent with Design Review
Criteria 2, 3, 4, 7 & 10 in Section 118-251 of the Miami Beach Code.
B. The project would be consistent with the criteria and requirements of section 118-251 if the
following conditions are mat: ,
1. The applicant has voluntarily offered, proffered and agreed to constructa public bay walk
•("Public Baywalk") west of the existing seawall along the rearof the subject site in accord
with the following conditions. .This proffer and its acceptance are based on a
• particularized evaluation and :assessment of the subject project, the rational nexus
between such project and impacts to the local transportation network, and the rational
nexus and rough propodlonality between the project and impacts •to the transportation
network and the bay walk proffered. The approval of the subject application is
contingent upon such Public Baywalk being constructed in accordance with the following
conditions.
The Public Baywalk shall be designed, permitted and built by the applicant, and
may either be attached or detached from the existing seawall. All costs
associated with the design, permitting, construction and maintenance of the
Public Baywalk, as described herein, shall be home by the applicant, including,
but not limited to, all required environmental mitigation.
b. The Public Baywalk shall connect to and commence at the western terminus of
Tenth Street and shall continue to the northern property line of 1200 West
Avenue.
:, • , ~ ~ Page 2 of 8
• ~ Meeting Date: June 5, 2007
DR8 File No. 20181
c. The Public Baywaik shall be open to the public from 6;00 am to 9:00 pm, 7 days
a week. The applicant may install an operable fence, gate or other operable
barrier to restrict public access to the Public Baywalk from 10`" Street and/or a
future connection to the north, subject to the review and approval of staff; such
operable fence, gate or barrier shall include some form of automatic timing
device, in order to ensure that the Public Baywalk is open between the hours of
6:00 am and 9:00 pm. Access by the public to the Public Baywalk shall only be
restricted between the hours .of 9:00 pm and 6:00 am, and otherwise, as
determined by the Planning Director, in the event of an emergency, dangerous
condition or other circumstance that would render usage of the Public Baywalk.a
safety risk. Any violation of this condition shall be subject to a notice of violation
and enforcement by the Special Master orany alternative remedy available to the
City.
d. The Public Baywalk shall be at least fifteen (15j feet in width and located
westward of the seawall; the method of construction and connection shall be
• subject to•the review and approval of staff. In the event any permitting.authority
does not permit the Public Baywaik to be 15 ft. in width, the applicant may
reduce the width of the Public Baywalk, to the degree and in a manner to be
approved by City Planning Department staff. The City shall use its best efforts to
assist the applicant in securing permits for the Public Baywalk westward of the
seawall to the extent City's consent or approval Is required for the approval or
processing of permits. The applicant may elect to locate the Public Baywaik
eastward of the seawall, subject to the review and approval of staff. If the
applicant is unable to secure permits for the Public Baywalk westward of the
seawall within two (2) years of this approval, the applicant shall design, permit
and construct the Public Baywalk eastward of the seawall, subject to and
contingent upon the agreement and approval of the condominium associations of
1000 and 1200 West Avenue to extend the Public Baywalk in the rear yards,
eastward of the seawall, of the 1000 and 1200 West Avenue properties. The
Design Review Board may, at its discretion, extend the period of time to obtain
the required permits for the Public Baywaik westward of the seawall, The
applicant shall work diligently while securing permits for the Public Baywalk
westward of the seawall and during such time shall provide progress reports on
the design, permitting and construction of the Public Baywalk to the Planning ~• • • •
Director approximately every six (6) months. The Planning Director may refer the
matter to the Design Review Board and/or request a progress report at any time,
at the expense of the applicant, and the Design Review Board shall retain
jurisdiction on the matter. •
e. In the event that the applicant elects or is required to locate the Public Baywalk
eastward of the seawall, such eastward Public Baywalk .shall extend the full
length of the property from 1000 through 1200 West Avenue, at a width subject
to the review and approval of City staff; not to exceed five (5) feet in width. The
construction of such Public 8aywalk is subject to and contingent upon the
agreement and approval of the condominium associations of 1000 and 1200
West Avenue to extend the Public Baywalk in the rear yards, eastward of the
seawall, of the 1000 and 1200 West Avenue properties. The applicant shall be
responsible for all expenses to design, permit, construct, and maintain the Public
Baywalk eastward of the seawall including, but not limited to all accessible
connections to 10"'Street. The applicant shall use its good faith efforts to attempt
to secure the approval and agreement of the condominium associations of 1000
+. . Y ' ~ ~ •
i ., ; Page 3 of 8
Meeting Date; June 5, 2007
DRB File No. 20181
and 1200 West Avenue necessary for the Baywalk to extend the full length of the
property from 1000 through 1200 West Avenue. In the event~the Public Baywalk
is designed, permitted and constructed eastward of the seawall, the applicant
shall be permitted to construct a glass partition wall, including the use ofone-way
glass, east of the Public Baywalk on the pool deck, subject to all applicable
requirements of the City Code.
In the event consentfrom the condominium associations at 1000 and 1200 West
Avenue cannot be obtained for a Public Baywalk eastward of the seawall in the
rear yards of the 1000 and 1200 West Avenue properties or for an attached
Public Baywalk westward of the seawall, or a permit is not granted for a
detached Public Baywaik westward of the seawall, regardless of any connection
to a future marina, the applicant has voluntarily proffered to make a monetary
contribution toward right-of--way improvements on 10~' Street, westward of West
Avenue,' Including the construction of a new park at the western terminus of 10~'
Street. The applicant shall have the right to name the park, subject to City laws
on narriing'rights.rhe amount of this monetary contribution shall be the average
of three~(3) certified construction estimates, to be verified and approved by the.
City, for the total hard construction costs •(The "Public Baywaik Cost") of a
detached Public Baywalk westward of the seawall behind 1000, 1100 and 1200
West Avenue. The foregoing shall not preclude the City in the future from
seeking the approval and cooperation of the owners of the 1000,1100 and 1200
West Avenue properties for the location of a Public Baywalk eastward of the
seawall upon terms and conditions to be determined at that time.
The applicant shall be responsible forthe maintenance, repair and, if necessary,
the replacement, If destroyed in whole or part, of the full Public Baywalk from
1000 to 1200' West Avenue, and shall establish reserves and Insurance to
accomplish this obligation. However, the preceding sentence shall not apply in
the event repair or replacement is necessitated due to damage caused by the
City or any employee'or independent contractor of the City.
The applicant shall complete all design development and permit drawings forthe
proposed Public Baywalk westward of the seawall prior to the issuance of any
building permit for anywork approved by the Design Review Board in this - • • •
application. Such drawings shall be rev(ewed by City staff for sufficiency and
submitted by the applicant to the appropriate regulatory authorities for permitting;
the design development drawings shall be deemed complete to the extent they
are ready for submission to the appropriate agencies for the initial level of review.
The Public Baywaik shall be permitted and substantially completed prior to the
issuance of any TCO, Partial CO or Final CO for any work approved by the
Design Review Board in this application.
In the event that the Public Baywalk is not permitted or substantialy completed at
the time a request is made for a TCO, Partial CO or Final CO for any work
approved by the Design Review Board in this application, the applicant shall post
a Letter of Credit, Performance Bond or similar instrument (LOC), In a form
acceptable to the City Attorney, in the amount of one and one-half (1-1/2) times
the Public Baywalk Cost plus design and permitting costs attributable thereto, to
ensure the design, permitting, construction and completion of the Public
Baywaik. The providing of the LOC shall not substitute for the applicant's
obligation to design, permit and construct the Public Baywaik, and if the costs of
• . ....~ ... .. .. ~ .. ~ ,Page 4 of 8
• ~ Meeting.Date: June 5, 2007
DRB File No. 20181
doing so exceeds the LOC, the applicant shall be responsible for the balance of
such costs. The LOC may only be released in writing by the Planning Director,
and shall not be released until the Public Baywalk is completed and open to the
public. Subsequent to the permitting and commencement of construction of the
Public Baywalk, the Planning Director may reduce or increase the total amount of
the LOC, based upon the progress of and revised estimates of the cost of the
construction.•
j. Prior to the issuance of a building permit for any work approved by the Design
Review Board in this application, the applicant shall enter into and record a
restrictive covenant, approved by the City Attorney, which runs with the land,
confirming the applicant's voluntary proffer to design, permit, construct and
maintain a Public Baywalk, 'and confirming public access in perpetuity to such
Public Baywalk, In accordance with these conditions. The restrictive covenant
shall be binding on successors and assigns and shall be recorded in the public
records, at the expense of the applicant.
k. !f the applicant sells, leases or otherwise conveys the property, these conditions
shall run with the land, and the applicant's successors and assigns shall
be obligated tv'comply with these conditions.
. Notwithstanding the foregoing, if any marina should be constructed westward of
the seawall at 100D, 1100 or 1200 West Avenue.in the future, at anytime, the
applicant has proffered that in connection with such marina it will .design,
construct and maintain at•its cost and expense a Public Baywaik, westward of
the seawall, running the entire length of the rear of fhe properties at 1000, 11 OD
and 1200 West Avenue, including a direct connection to the western terminus of
Tenth Street,
2. The Design Review Board (DRB) or the Planning Director shall retain the rightto call the
owners or operators back before the DRB, at the expense of the owners or operators, to
impose and/or modify the hours of operation, and the placement and use on the property
of outdoor bar counters, exterior loudspeakers, fixed or portable, should there be valid
complaints (as determined by Code Compliance) about loud, excessive, unnecessary, or ~ •
unusual'noise: A violation•of •Chapter 46, Article IV, "Noise," of the Code of•the •C~ity of •
Miami Beach, Florida (a/k/a "noise ordinance"), as amended, shall be deemed a voation
of this approval and subject the approval to modification in accordance wt#h the
• procedures~for modification of prior approvals as provided for in the Code, and subject
the applicant to the review provided for in the first sentence of this paragraph.
3. The location, specifications and number of exterior speakers shall be consistent with the
acoustic plan submitted by the applicant and subject to the review and approval of staff.
4, The applicant may remove and replace the existing tiles from the front exterior of the
structure, by obtaining a separate permit immediately and prior to the issuance of a
Building Permitforthe project, In the eventthe proposed exterior modifications approved
herein do not go forward, for any reason, all original the removed by the applicant shall
either be restored or replaced with a similar tile, in a manner to be approved by staff.
5. Revised elevation, site plan and floor plan drawings shall be submitted to and approved
by staff; at a minimum, such drawings shall incorporate the following:
Page 5 of 8
•~ ~ Meeting Date: June 5, 2007
DRB File No. 20181
a. Final details of all new file work shall be subject to the review and approval of"staff.
b. Manufacturers drawings and Dade County product approval numbers for all new
windows, doors and glass shall be required.
c. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly
noted on a revised roof plan and shall be screened from view, in a manner to be
approved by staff.
d. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify,
in writing, that the subject project has been constructed in accordance with the plans
approved by the Planning Department for Building Permit.
6. A revised landscape plan, prepared by a Professional Landscape Architect, registered in
the State of Florida, and corresponding site plan, shall be submitted to and approved by
staff. The species type, quantity, dimensions, spacing, location and overall height of all
plant material shall be clearly delineated and subjeot~to the review and approval of staff.
At a minimum, such plan shall incorporate the following:
a. • The ficus hedge proposed along the eastern perimeter of the property (fronting West
Avenue), including those portions of the hedge rounding the comers to a•depth of at
least ten (10') feet, shaA not be permitted; such hedge may be replaced with a hedge
or plant material that will not exceed five (5') feet in height and shall be subject to the
review and approval of staff.
b. Along the eastem perimeter of the property (fronting West Avenue) the smaller
green island flcus shall be inverted and shall face the sidewalk, with the slightly large
hedge material located behind it.
c. All'new overhead utilities shall.be placed underground, to the extent permitted by
FPL' .
d. Right-of-Way improvements in front of the property shall be included in the
Landscape plans.
e. AI! exterior walkways shall consist of decorative pavers, set in sand or other semi-
pervious material, subject to the review and approval of staff.
f. All landscape areas abutting driveways and parking areas shalt be defined by
decorative bollards.
g. A fully automatic irrigation system with 100% coverage and an automatic rain sensor
in order to render the system inoperative in the event of rain. Right-of-way areas
shall also be incorporated as part of the irrigation system.
h. The utilization of root barr(ers and/or structural soil, as applicable, shall be clearly
delineated on the revised landscape plan.
i. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all backflow preventors and all other related devices and fixtures; such
fixtures and devices shall not be permitted within any required yard or any area
fronting a street or sidewalk. The location of backflow preventors, siarnese pipes or
-c~
'- ---
Page 6 of 8
Meeting Date: June 5, 2007
DRB File No. 20181
other related devices and fixtures, ff any, and how they are screened with landscape
material from the right-of--way, shall be clearly indicated on the site and landscape
plans and shall be subject to the review and approval of staff.
The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all applicable FPL transformers or vault rooms; such transformers and
vault rooms, and all other related devices and fixtures, shall not be permitted within
any required yard or any area fronting a street or sidewalk. The location of any
exterior transformers, and how they are screened with landscape material from the
right-of-way, shat! be clearly indicated on the site and landscape plans and shall be
subject to the review and approval of staff.
k. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for the
project architect shall verify, in writing, that the project is consistent with the site and
landscape plans approved by the Plann(ng Department ,for Building Permit.
7. All new building signage~ shall be consistent in type, composed of flush mounted; non-
. plastic, non-Uluminated, Individual letters and shall require a separate permit.
8. The final exterior surface color scheme, including color samples, shall be subject to the
review and approval of staff and shall require a separate permit.
9. A traffic mitigation plan, which addresses all roadway Level of Service (LOSj deficiencies
relative to the concurrency requirements of the City Code, if required, shall be submitted
prior to the Issuance of a Building Permit and the flnai building plans shall meet all other
requirements of the Land Development Regulations of the City Code,
10. All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code (FAC).
11. The applicant may be required to submit a separate analysis for water and sewer
requirements, at the discretion of the Public Works Director, or designee. Based on a
preliminary review of the proposed project, the following may be required by the Public
Works Department:
a. A traffic and neighborhood impact study shall be conducted as a means to measure
a proposed development's impact on transportation and neighborhoods. The study
shall address all roadway level of Service (LOS) deficiencies relative to the
concurrency requirements of the City Code, and ff required, shall be submitted prior
to the issuance of a Building Permit. The final building plans shall meet all other
requirements of the Land Development Regulations of the City Code. The developer
shall refer to the most recenf City of Miami Beach's Traffic and Neighborhood Impact
Methodology as issued by the Public Works Department.
b, Remove/replace sidewalks, curbs and gutters on all street frontages, if applicable.
Unless otherwise specified, the standard color for city sidewalks is red, and the
standard curb and gutter color is gray.
c. Mill/resurface asphalt in rear alley along property, if applicable.
d. Provide underground utility service connections and on-site transformer location, if
necessary.
Page 7 of 8
' Meeting Date: June 5, 2007
DRB File No. 20181
e. Provide back-flow prevention devices on all water services.
f. Provide on-site, self-contained storm water drainage for the proposed development.
g. Meet water/sewer concurrency requirements including a hydraulic water model
analysis and gravity sewer system capacity analysis as determined by the
Department and the required upgrades to water and sewer mains servicing this
project. .
h. Payment of City utility impact fees for water meters/services.
i. Provide flood barrier ramps to underground parking or minimum slab elevation to be
at highest adjacent crown road elevation plus 8".
j. Right-of--way permit must be obtained from Public Works.
k. All right-of--way encroachments must be removed.
I. All planting/landscaping in the public right-bf--way must be approved by the Public
Works and Parks Departments.
12. The project shall comply with any landscaping or other sidewalk/street improvement
standards as may be prescribed by a relevant Urban Design Master Plan approved
prior to the completion of the project and the issuance of a Certificate of Occupancy.
13. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or
Final Certificate of Completion (CC) may be applied for; the staging and scheduling of
the construction on site shall take this Into account. All work on site must be completed
in accordance with the plans approved herein, as well as by the Building, Fire,
Planning, CIP and Public Works Departments, inclusive of all conditions imposed
herein, and by other Development Review Boards, and any modifications required
pursuant to field inspections, prior to the issuance of a CO or CC'.
14. The Final Order is not severable, and if any provision or condition hereof is held void or
unconstitutional in a final decision by a court of competent jurisdiction, the order shall
be returned to the Board for reconsideration as to whether the order meets the criteria
for approval absent the stricken provision or condition, and/.or it is appropriate to modify
the remaining conditions or impose new conditions.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
testimony and materials presented at the March 6, 2007 and June 5, 2007 meetings, which are part
of the record for this matter and the staff reports and analysis from the March 6, 2007 and June 5,
2007 meetings, which are adopted herein, including the staff recommendations which were
amended by the Board, that the Application for Design Review Approval is GRANTED forthe above-
referenced project subject to those certain consolidated conditions specified in paragraph B of the
Findings of Fact hereof (condition nos. 1-14, inclusive), to which the applicant has agreed.
No building permit maybe issued unless and until all conditions of approva(as set forth herein have
been met. The issuance of Design Review approval does not relieve the applicant from obtaining all
other required Municipal, County and/or State reviews and permits, including zoning approval, if
•
' .;•
Page 8 of 8
• Meeting Date: June 5, 2007
DRB File No. 20181
adequate handicapped access is not provided, this approval does not mean that such handicapped
access is not required or that the Board supports an applicant's effort to seek waivers relating to
handicapped accessibility requirements.
When reouestinq a buildina permit, three (3) sets of plans approved by the Board, modified in
accordance with the above conditions, shall be submitted to the Plannin4 Department. If all of the
above-specified conditions are satisfactorily addressed, the plans will be reviewed for building permit
approval. Two (2) sets will be returned to you for submission for a building permit and one (1) set
will be retained for the Design Review Board's file.
This Final Order consolidates all conditions and requirements for Design Review Approval as same
are contained herein and in the original Order of March 6, 2007, as amended, Accordingly, this
Order shall serve as the Final Order for the protect and, in the event of conflict between the
provisions hereof and those of the March 6, 2007 Order, the provisions hereof shag control.
in the event a Fuil Building Permit is not obtained within eighteen (18) months of the March 6, 2007
meeting date, and construction does not commence and continue in accordance with the
requirements of the applicable Building Code, the Design Review Approval will expire and become
null and void, unless the applicant, priorto expiration of such period, makes application to the Board
for an extension of time; the granting of ariy such extension of time shall be at the discretion of the
Board. At the hearing on any such application, the Board may deny or approve the request and
modify the above conditions or impose additional conditions. In the event a proposed code
amendment should render the subject project non-conforming, as more specifically set forth
in sections 118.188 and 118.169 of the Clty Code, then the project shall not be eligible to
receive an extension of time for any reason.
Failure to comply with this Order shall subject the Design Review Approval to Section 118-258, City
Code, for revocation or modification of the Design Review Approval.
Dated this ~ .day of ~ IJ ~ , 20 ~~.
DESIGN REVIEW BOARD
THE CI OF MI I B H, FLORIDA
..... BY:
THOMAS R. M00 CP
DESIGN AND PRESERVATION MANAGER
• FOR THE CHAIR
Approved As To Fom7:
Legal Department: i' ~' G-P~ (6 - d''~~' ? )
Filed with the Clerk of the Design Review Board on ~L! t ~ ? ( `j`z'Y )
F:W LAN1$DRBIDRB07UunDR8071201 Bt-CONSOLIDATED.fo.doc
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I.,
DESIGN REVIEW BOARD
City of Miami Beach, Florida
MEETING DATE; November 4, 2008
FILE N0: 20181
PROPERTY: 1100 West Avenue
LEGAL; All of 1160 West, a Condominium, according ~to the Declaration of
Condominium thereof, as recorded in Official Records Book 25780, Page
0498, of the Public Records of Miami-Dade County, Florida.
IN RE: `The Application for modifications to conditions of the Final Order for a
previously Issued Design Review Approval for a new landscape plan for the
entire site, as well as for alterations to the existing exterior elevations,
including modifications to the windows, doors, and pone-cochere,.and the
construction of new 2-story cabanas at the rear of the site. Specifically, the
applicant is proposing to modify the conditions of the Fnal Order relating to
the completion of the public baywalk. .
AMENDED CONSOLIDATED O R D E R
The applicant, 1100 West Properties, L.L.C., filed an application with the City of Miami Beach
Planning Department for Design Review Approval.
The City of Miami Beach Design Review Board makes the following FINDINGS OF FACT, based
upon the evidence, information, testimony and materials presented at the public hearing and which
are part of the record for this matter:
A. Based on the plans and documents submitted with •the application, testimony and
information provided by the applicant, the reasons set forth in the Planning Department Staff
Report, the original order issued March 6, 2007 and the consolidated order issued June 7,
2007, and the conditions stated therein (which orders are incorporated herein), the project,
as submitted is not consistent with Design Review Criteria 2; 3, 4, 7 & 10 in Section 118-251
of the Miami Beach Code.
B. The project would be consistent with the criteria and requirements of section 118-251 if the
following amended conditions are met:
1.1 In the event that the Public Baywalk is not permitted or sub$tantially completed at the
time a request is made for a TCO, Partial CO or Final CO for any work approved by the
Design Review Board in this application, the applicant shall post a Letter of Credit,
Performance Bond orsimliar instrument (LOC), in a form'acceptable to the CityAttomey,
in the amount of $800,000, to ensure the design, permitting, construction and completion
of the Public Baywalk. The providing of the LOC shall not substitute for the applicant's
obligation to design, permit and construct the Public Baywalk, and if the costs of doing
so exceeds the LOC, the applicant shall be responsible for the balance of such costs..
U~
' Page 2 of 3
Meeting Date: November 4, 2008
DRS File No. 20181
The LOC may only be released in writ(ng by the Planning Director, and shall not be
released until the Public Baywaik is completed and open to the public. Subsequent to
the permitting and commencement of construction of the Public 8aywalk, the Planning
Director may reduce or increase the total amount of the LOC, based upon the progress
of and revised estimates of the cost of the construction.
The Final Order shall be recorded In the Public Records ofMiami-Dade County, r~lor, to
the issuance of a Buiiding Permit.
3. The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successors in interest and assigns.
4. The Final Order is not severable, and if any provision or condition hereof is held void or
unconstitutional in a final decision by a court of competent jurisdiction, the ordershall be
returned to the Board for reconsideration as to whether the order meets the criteria for
approval absent the stricken provision or condition, and/or it is appropriate to modify the
remaining conditions or impose new conditions. ,
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
testimony and materials presented. at the March 6, 2007, June 5, 2007 and November 4, 2008
meetings, which are part of the record for this matter and the staff reports and analysis from the
March 6, 2007, June 5, 2007 and November4, 2008 meetings, which are adopted herein, including
the staff recommendations which wets amended by the Board, that the Application for an
amendment to the original Design Review Approval Is GRANTED for the above-referenced project
subject to the amended consolidated condition specified in paragraph B of the Findings of Fact
hereof (condition nos. 1.1- 4), to which the applicant has agreed. '
No building permit or certificate of completion may be issued unless and until all conditions of
approval as set fortes herein, and in the Orders of March 6, 2007 and June 5, 2007 have been met.
The issuance of Design Review approval does not relieve the applicant from obtaining all other
required M unicipal, County and/or State reviews and permits, including zoning approval. If adequate
handicapped access Is not provided, this approval does not mean that such handicapped access is
not required orthat the Board supports an applicant's effort to seek waivers relating to handicapped
accessibility requirements.
Failure to comply with this Order shall subject the Design Review Approval to Sect(on 118-258, City
Code, for revocation or modification of the Design Review Approval.
Dated this ~ day of /y ~~~ YJ~ , 20~.
DESIGN REVIEW BOARD
THE CIS' OF MIAMI BEACH,
BY:
THC'161AS R. MOOi~EY, AICP- "
DESIGN AND PRESERVATION MA AGER
FOR THE CHAIR
Vim'
<.
.'
' Page3of3
. Meeting Date: November 4, 2008
DRB File No. 20181
Approved As To Form: ~ ~
Legal Department: (/~'' ~ O~' )
Filed with the Clerk of the Design Review Board on ~ ~~ 6 ^ O ~ ( ~ )
F:1PlAMSDRBIDRB08WovDRB0612018i-Amended CONSOUDATED.fo.doc
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