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LTC 077-2012 South Pointe Park Dog Off-Leash Area Post DRB Presentation Update MIAMIBEACH R � C_- IV'_ 0 OFFICE OF THE_C1TY_MANArF1?. _ - 2012 MAR 15 PPi 2' 49 NO. LTC # , 077-2012 LE R,-TO COMMISSION CITY ,1ERK',) a fFi�r_ TO: Mayor Matti-Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: March 13, 2012 SUBJECT: South Pointe Park Dog Off-Leash Area Post Design Review Board Presentation Update The purpose of this Letter To Commission (LTC) is to provide you with an update on the Design Review Board's (DRB) consideration of a proposed hedge for the designated off-leash area in South Pointe Park. As you recall, on January 11, 2012 the Commission approved on second reading an amendment to Chapter 10 of the Miami Beach City Code entitled "Animals" to extend the pilot designated off-leash program in South Pointe Park until July 15, 2012. The approval included off- leash hours in the designated area from sunrise to 10:00 A.M. daily and between 4:00 P.M. and 7:00 P.M., Monday through Friday. The designated off-leash area is currently on a portion of the west lawn, east of the Washington Avenue entry plaza. At the time of the approval, the Commission also directed the Administration to file an application with the DRB for the approval of a hedge to serve as a visual boundary around the off-leash area, and to request their recommendation for the location of the designated off-leash area (with hedge). As directed, the Parks and Recreation Department filed the DRB application for the Board's March 6, 2012 meeting. Initially, the application included two (2) conceptual options for the Board's consideration: the first option is the current designated area of approximately 18,000 SF with an estimated 420 LF of hedge, in a portion of the west lawn, east of the Washington Avenue entry plaza, as approved by the Commission on January 11. 2012. The second option would be an area of approximately 18,000 SF, with an estimated 320 LF of hedge, in the triangular area south and west of the Washington Avenue entry plaza area, where the original off-leash area was located and where the Lighthouse Art in Public Places piece has been installed. However, since the January 11, 2012, Commission meeting there were requests by the dog-owners to expand the current off-leash area to include the entire area between the east sidewalk edge that bisects the west lawn and the current eastern boundary edge of the off-leash area. This creates a new dog off-leash area of approximately 34,000 SF, with an estimated 570 LF of hedge. This third conceptual option was also submitted to the DRB for their consideration. Attached, please find a conceptual plan reflecting the three (3) options that were included in the Administration's March 6, 2012 application to the DRB. Design Review Board Meeting On March 6, 2012, the Design Review Board heard File No. 22894 — 1 Washington Avenue — South Pointe Park. Attached please find the DRB Staff report for the South Pointe Park item. The Administration presented the application, which included an overview of the process followed to develop the designated dog off-leash area in South Pointe Park; the actions taken by the Neighborhood/Community Affairs Committee and City Commission in providing the Administration direction on the issues; the comprehensive efforts to obtain the community's input on the off-leash issue, that included the possible locations and whether a hedge should or should not be considered as a component of any site plan; and the three (3) concept options being presented for consideration. Page 2 of 2 DRB— Off Leash Area The DRB members solicited public comment on the designated off-leash area location and the proposed hedge and held an extended discussion on the issue(s). The DRB's final order on Design Review File No. 22894 - 1 Washington Avenue — South Pointe Park is attached for your reference. Item (B) of the order summarizes the actions taken by the board B. The Design Review Board does not support any off-leash dog area within the boundaries of South Pointe Park. However, if the City Commission determines that it is appropriate and necessary to create an off-leash dog area in South Pointe Park, the Board determines the following: 1. There shall be no hedge to define the area. 2. It shall not be located in area #3, surrounding the art in public places "lighthouse" project. Pursuant to Section 118-262 of the City Code, should the City Commission still wish to consider a hedge around the general perimeter of the area they may ultimately designate as an off-leash area, or should they wish to consider the Art in Public Places location, it would require a timely appeal of the DRB's Final Order. The deadline to file this appeal is within twenty (20) days from the date of the fully executed final order, or April 2, 2012. As such, I am providing this information to you should you wish to provide me with direction at the next commission meeting on March 21, 2012 on whether or not I should submit an appeal prior to April 2"d Please feel free to call me should you have any questions or require additional information. H:\Parks\Animal Issues\LTC-FINAL South Pointe Park Off-Leash DRB 3 14 12.doc SOUTH POINTE PARK PROPOSED OPTIONS FOR OFF LEASH DOG AREA PRESENTED TO DESIGN REVIEW BOARD ON MARCH 6, 2012 Mi mm CITY OF MIAMI BEACH OFF-LEASH AREA S1-APPROX. 18,000 SF OFF-LEASH AREA M 2-APPROX.31,000 9F 0 OFF-LEASH AREAS 3-APPROX.18,000 SF ��"'��'i'�°1�� Y°'�jp ��`� ����✓1I3, sf _ t �����. rat: O �,✓ �: �.a :, ,�d :'? fi: odoa4$... oo b eon SOUTH POINTE PARK SOUTH POINTE PARK CITY OF MIAMI BEACH,FLORIDA PROPOSED CONCEPTUAL OFF-LEASH SITE PLAN "1O T"` CITY OF MIAMI BEACH, FLORIDA "_m ftt�m LA-of SOUTH POINTE PARK 2009 AERIAL VIEW - OF PROPOSED OFF-LEASH AREAS r j • Allow r � .0 iIW1Mt O Q � • 430 w°.. 00000' KE)I.e.KOrr mNM st+auNGe' " G.l �10. 10—fa. g,Qd !3 4 OWN POINTE PARK IMPROVIEWIAM SOUTH POINTE PARK CITY OF M ,FLORIn„ PROPOSED CONCEPTUAL OFF-LEASH SITE PLAN r.•,�, .� CITY OF MIAMI BEACH, FLORIDA '""►L° LA42 scea-a WV MIAMIBEACH PLANNING DEPARTMENT DESIGN Rh'WEW BOARD STAFF REPORT FROWL Richard Q I-mber,AJCP,,l F9 AP Aging Panning,01 WW 4 964 CATS: Mark 6,2012 Moofi�p d` W. Design F%Menw Foe No,22064 1 Washingtan Avenue—§gHgLRpjMftZWt The appsoant,tt'ady d Wunl Oftch,is requesting Design Revt%v,ppgvval for an oiff4e=h 10 54 42`6.5tl C Eq.BEG 1f4'IMOST.CZR LCfT 6 U LK 4 P3 U.77 8 @,5 -E14n.6 TO (=ROVON UNE 3E.1f6 A4t=T TO MA4& GOVT CUT PlW Y2207-25FT N 311 DEG W375. 17F T IE 47&e7FT SELY161 MFr snm Zonl g- GAP(Government )9 MR.(Marine Recreation) Putuire Lend 1,,,1se,Deftnation- R OS(Romeation Open Space)&MR Wme The applicat has mdwnifiW plans entfflod Pow Perk Irmprr m~' as pMwed by the Cily of Warn!tom,ftad q-x-92_ The City is prapacfng throo rahmnab plans fW ran,off-IcaM dog aura wlthi n South P4rft PWk- A-feas 01 and#2 afe •gear erafly focated to Bing saW on dw Wwhingtan Avanuo prate edonrr m uTd souft of De vmlkvrdy OW,rollows t1he berm. Am 01 Is qvmkimaftefy a6,0D F. (0.41 awres).and Area#2,WhIch 1rrr*mks.area 91 Is apprcudinabely 34,66110 SF(0.75 ),, Ama 113 is lotaM sumw"nq 6h$feceMyr completed fight house=4ptr-e aL the vffist erW cdrthe pa*, and Is appraaftab*1�000 S.F. (0.41 acres). Contin=low,shrubs era proposed around flee Swo padmdor a1tho 4cg wee, bin ft lande n 101 IoMed muM the perimeter for acceae.Thl9 hedge melot 6 nahualy vmuld not exomd lhres (Y)fee do he4ht but oftPA be maWaIncd W a.mwdrnum[height of Nwent,N-t*ur(W)hayes,-AAhough the 01ty ls_requesft that ft Ord review ®pprove I hedge mlerial In order to more clearly belt the 04essh Dog anaa tar dag, a wnem emd park useee,,such hedga may ra uUma'.eiy be requltW,paftularV iz Aim*2 is selezt It should be noted#Ldto pmpamd off-leach dog Qroa Yag hour WMI or ty be untll 10 10 ALI and offer 4:00 PM— From 111-00 A?A until 4:610 PM the area vdl be email Iw vnyone;s um, and dogs.h' ST be on leash,in that am*during arise dooms houm, Pago 2 of 6 DRD Rae 22894 IO2 00*;.K t CIpII=I',dhl�fi?1�t11i`WI Z1��IfxdlG��:�@: A PMflrnlnary re4ewaf the pmjsd Indicates thstthe applicebwk as proposed,Is CrMlstent with tho applicable sections *P 1 Coo, 1lt�q ahail not he=nsderWi ftal zoning rorv'eov or approvaal. Thaw and ell zoning madders shall mquiv Final MV,'i w and va tficathn by the Zoning Add priw bo the iae�of a Oulfngl .induding toml parking cal flans and a r ounvenvj AS0160ml Inkama6cm W11 be aegOW for a n,pW.9 reWaax far pomMiarm v4M'lhe Florida Buildings C 2041 Edlftn,sWJon E1 (Ma dda.A=essMS p,Codeibcr 13uir ing Cansirtmftn.) The abov#. n*W oOMMonit III not be consid'Gmd FA31 ae siblEty rerrww oc approval. TWass and all acrnsibility amefters shall requim bins➢rcvlwN and Wrificalian by Nbe Building Department prier to the Wmmnoe of a Building Pewit. PREUMI lAR9f_001SItiUBIWINCY.D SIM IRAInO In actor ode wkh Chapter 1:22 cf ire Code of Rho Cft of,Nam- ]Beach,Rho Trar mportation and Ca,.mnenr-p Management CDa Won has=Auckd a prelintitaafy concurrartcy miseflon and determlned that Ne IR cl dws meetthe Cityls c rnv=-j Fwtuirerments and Ives-3f-srmlrq ft?ddsM, H`aoxw. ft Oly's owrcu wtv mquire me = be w:MivvW and salls ied #iraugh payment of rntHgatlon ides or by altering Wog an onfarcoeble dmtM@M agmernaM with tlx: City. The TrBnepDAAca and Cammmarcy Ipdbaragenvrit Dion will maks tlhe dottl mbialion of pro Odra Wr4hx*amlOgwJon cot A filml=wummydeWinindon be conducted pdcw to ft lasuanoe ofa SiOding Permit. Nu two fiba @.-d conc ufreacy administmOve caft s i be pA prlorrto the,projedl receiving any liMIffi rrg Rerrreft.Wffxxit ewWAon,all aoncunvw/hm dug to paid pdar to flies[sconce of a Temporary CeMlIcEW of occupancy or Cert'ino*of Occupancy. C01r>IIp MCE NIIII I]IESIGN RIRVII Ad CRtil[E.Fft4: Dmig R mnccrmpasm the em7riadon-of wu3oc'tural drams Ms W o isi>aM t'i'ts aria soad below%th rewd to Ow aaghadce. appearancea, aafeety. and f of ft roc a or p eacd skuctum in mtsbon 1c the site, adjacord a uctures amp!w,frmutd-mg community. Starfii racarnr emb that ftIdlGwtrra ar terle Is tm,aid to be safisfiod,ruat wX ied or rnot aplpW as Ito an � 1. The exledn®and proposed conditions of the lot,Including but rwl n=Ossadly IfrmAed to t'op ra^.v+09210fion,troos,drainage, and wat*rwi;y& 1 Satlefied Z. The locMan of ap eiWbg and pmpmM builddings,drWee,paAft sue,%valk"M mean9 of ingress wa.eg .dt e facilil , Toes,landscaping sbuctu ms. rgns,and Ighfing and=toning de-v'=. 12pd 3. The dirnanelam of all huildinga,,sti thaw,sadmcl a perldmg spam, tit Orea mlfoti height, loll oavoroge ezW any er infian'rat5on thot may be j+ net arty to dab=ins compliance with ft r aquirYmonfz of the undorlybig xcning&tft and aM applicable evarleys,for a per6iculmr epplicatEen or pM; Rage 3 of 6 D-RS FiJe: 22994 Meeting bete. March 8, 2012 4. The color, design, selection of landscape matped& and architectural clom ants of Eadcrrior euiWng surfaces and primary public hftdorexas for Developments requlrtng 9 BuDding Permit In aress of the City Idenbfled In sectors 116-252 Sattfled S. The proposed site plan, and the location, appearance and design,of now and exisUng Sullfings and Structuras are In contomfty with ft sswWards cf this Ordinance aT.W ether aaplieable ordinames, erchifectural and design guidefi es as adopted and amended perbdicly by the Design Review Boa;d ar0l Kstodc Ptesorvation ®cards, and all pert neat ntaster plans. Satisfied 6. The proposed Shictur+e, andfor additions or nor-F=5aam to an existing structure. hidicates a sensitivity to and is compatible with the emkumnert and adomrit Structures, erd enhams the appearance of the sung pis. Steed 7. The design and layout of the proposed she plan„as vrall as afl now and exfsting buildings sisal] be reviewed so as to provide an efficient arrangement of land uses` Particular aberdion shall be given to safety,crime prevention and fm pratecWn,relationship to the war ound.ng neighborhood, Impact an conUgwm and ad nt Buildings and lands, Sian sight Mae and view oatridom Sawed a. Phan and vehicular traffic nnmvement WOO a- adpwait to the site shall be revfi med to ensure that dearly defined,segregated p edes n access to the site and all Wdbngs Is provided for and that all parking spaces arc usable and are eafely and Corr mMently arranged;pedestrian furniture and b5ce ram shall be considered AOMS to the Site foam adjacent reads shall be des4nad so as to interfere as little as possible with traffic flow on these roads and to permit vehides a rapid and sate Ingress and .grass to the Site. SatIsfied 94 tS7°-ing shall be reviewed to emura safia movement of persons and vehicles and rtiflecfon on public property for security purposes and to mime Slane and reflection on adjacent properties. Lighting shall be review-ad to am re that it enhances the appearance of structms at night. Nat Applicable 10. t.andAcW and paying materials shall be reviewed to emmm an adequate relationship with and enhanoement of the overall Site Plan design. Sadsf"aed 11. Buffering maleclats shall be reviewed to enure Oud headlights of vehicles, nolse, and light from structures are adequately sWolded from pablIc view, adjacent properties and pedestrian areas. Not Applicable Page 4 of 6 DIRId t=1le, 22694 Meeting Da'm March 6,2012 M The proposed structure has are orientation atd massing which is senallive to and compatible with the building alts and surtoundIng ema and which creates.or maintains fImpo Lard vier corrI4049), Nos Appftable 1 The buildtng IMP where feasible,space in that part of the around floor,fronting a street or streets which Is to bo occupied ftw reaJdariftl or commercial uses,likewise,the upper 6toars of the pedestal portion of the proposed buildmq ftonIng a strseff#, or streets shall have residential or oommercial apacas,shall have the appearance of being a residerdi l or c ornrnercW space or shad have an aiditacturd treatment which shall bufiar the appaarai=of the parking*ueture from the surrourAng area and is integrated the overall fiance of the project. Saffafied 14_ The hw1ding shag have an appropriate and fL tr int5grated romp a rtff>actural treatment vllaiclh wbstanffally screens all mechanical equi pnwL staft and elevator towers. Not Applicable 1 An addRion on a building site&'hall be desPped,sW and masses In a manner which Is samdthe to and compatible with the e4& (s)> Satisfied IS, AIR pertlens.of a pmject fronting a et11fet or ald *sMI lhwrporate an architecturally appmpftft amount of transparency at the W ievel to oriftr to achim pedastrlen oornpaft ty and adequate visual Interest, Not Applicable 1.7. The location,deelg n, screening and budfeft of aD,requited service bays, deW®ry bays, hash and refuse receptacles, as well as trash maws shall be arranged so as to have a nflnimal kvad on adjacent properties. Mat Applicable STAFF ANALYSIS: Th-a ►s proposbig three altemete plans for an c e dog area within South Pointe Perk. A and#2 are generally tooted to the east of the Win Avenue plaza mdensw and soulh of the walkway that follows the berm. Aug#1 is approA matelyr 18,400 S.F. (0.41 -acres),2nd Area#2:which includes area#1 iir.apprexitrmtely 34,OW S,F(0.73 acres). Area#3 is kaded suffound"ang the recently completed IWd hoar scUlphim at the west and of Mo parts, aid is spp oAmat* 18,000 S,F. (0,41 ages), CcrNhous low shrubs am proposed around the general peftmw&the dog area,with bra in the landscape rnaterlat for®flews,This hedge mMedal mtur*would net e=eed three(T)'tact in height at matuf , but should be maintained at a muftum heist of twanty-four(241 Inches to minimisa any advarso aesthetic Impact:Although,the My is requesting that the Board rvvlow and approve the hedge material In order to more clearly deftrale the off-teash dog area for dog owims and park users, such hedge may not utlim;at be required, particularty 9 Area#2 Is sate d, as this area would be dellned by the eWsling *Cast-Walle to the south and existing 'ice around the.rarunalning peilmeW, Page 6 of DRS 1711w 22894 Moetln peata- March 6, 2092 Whao slarff believes that it Ps essential to maintain the alley lategfrty crf tltils,nationally acdalrnGd public parts,staff daea not object to the proposal to dolitneksts an appropriately selected I ocatlon flor an ekf=eash dog area with low perimeter landsca;Ong mateft not to 6xcaod eighteen Irrchos (181 in height if required, in addition to discreet park slartage, as this ®Mould not have a sIgnMmM advem assl[hacbc Impact upon the overall uric design+, MW does,however,etrongly r mmend against Area 03 su rroundln®the Art In Pubile lie PP)seulpture known,os the "O ,ante UghthousV for the proposed -o -loash dog amen for the following reasorie: 1) It mould be hconsilstent w1th they South Potnte Paek masterpls Wed bw1fan for the AiPP sculpture t appaa ved by the Design Review Board;2)any form of pwoin eter landsoaping ma fag or addifronal park signage In this locatton would distract ham aTW have a significant adverse inqmd aupcn the design integrity of the lighthouse sculpts as tveg as fts opert.lawn setting,and: 3)tfnis knzUcn axed limit the close enjoyment of the APP tighUmuse e4elpture to only people, irtrjd!_TV yctcng chiWrer, who are aamfortabla bef%* amund dew that am off4eash. , staff recommends that Area 92,Which trice Area#1, as the most writable lean fair an easily acceadble off-leash dog ama is Butch%ice Parle. It shotdd,be noted that the proposed off-leash dog arse operaUng lours wig only be until 10:0 X41 and affm 4."00 PM. From 10:00 AM untt7 4:04 PM the are tarn be available for anyone's use, grid i�cogs 11 UST-be'.oh leash In that-area during those dayllinv hours. to view of the fom ScEng mmlyale,staff recornmatnds than ap ice ton be approved,subject to the foil wfg condhions,vahl�h address the lnoonsistencies Wth Me oftremerdloned Design Rovlew 4: 1_ A revised landscape plan, and correspondirq; site plait,, shall be submItted to and app oved by staff.The"Wes type.quantity.d1m. eWwv4 spacing,location and avarell Might of all plant material shell be cleariy delineate imd subject to the review and a;ppmal of staff. At a minimum,such ply shad the fanftwing, a. Area Q, the area surrounding the Art in Public lob.ces zmdp hues doll not be perm1ftd. b- Area X2,the ama located immmediataly to the east of the y ington Ave pl and which includes Area#1, stwJ be as an off-leash dog area, or aft mabvely,Area 01 alone may be pern as an off-leash dog,Brea. C, N a ha 9e is required to delineate the off-leash clog area, tt shall be installed in substantial accordance to the plains subrt Med. and should be rntalntalned at a maximum Wghnt of twenty-four(241 Inches,subject to the review and approval af� A fully automatic Irrigation system tit a rocm8,e �rtd ar, automnat1rr rein sensor in order to render the system lrtopenaWe in rho ovent of mire. Wight-of- way areas shall also be inorporatod as part-of the Udgatfon system, e. The applicant shall verity, prior to the ilawan a of a Bulldlmg Permit, the exact loca'lftto of all backflow praventors and al) oar Mated devless and ", rag; such fixtures and crevices shall not to perm Vilftn aety required yard or any Rage 8 of 6 ORB Re: 22894 Grate. March 6, 2012 area fronting a street or sidewalk. The bcafion of bac ow provervtors,siamew pipes or other related devices and Mum if sorry„ and Nw they are screened v*h landscape rn atm dal from the ftht-off4 t. shall bO Clearly Indicated On tote aftae and landscape plena and shall be subled to the mulew and approval of staff. f. The applicant shall varffy,, prior to the dam=ce of a Building Pernfit` the,exact Location of all applicable FPL transfWrnm orvault mcros; =h transformers and vault mama, and all other reW ed detiAces mid fbamm,, shall. not be perr nutted a+a Min any mqui red yard or any area front[TV a West c r sid evowk. The tocaftlon of any exterior transformers,and how,they are sareemW,vAlh EwWscape material n the right-of-way, shall be clea.fty indimaW on the ske and l Mscape plans and shall be subject to tfv--mview and approval of staff. sg_ Prior to the issuance of a C;erffmata of :tree Landscape ArchRect or the project architect shall+,►eaffy, in wding, the prgect is or>rrsisterrt%vrth the sib and landscarpG plans appmved by Um Planet tg [ artn*nt for Building PerrniL 2. The Fhal Order shall be rewrded in the Public Racords,of Wrarni-Dade t'ounty,2Lol to ft issuance of a Building Permlit, 3. At the time of completion of the projecL only a Mat Care.of Occupancy (CO) or Fhml rtlficatre of Completion(CC)may be applied)for ft staging and scheduling of ft consftction an afte shall take this Unto sc=wnt, Alt wwk an sic must be completed in aocardance with the plans approved herein,,as va lli as any mad 1ffcsrffortrs approved or "uhW by the Building, Fire,Plannlag,CIP and Publk V*xks Detpeftents.Inclusive of M corodidons Imposed harem, and by other pent Revk w Boards. and any madllwlions required pursuant to field Wipe s„PAY to the issuance of a CO or . This shall not prohibit the Issuance of a PaAW or Temporary CO. or a Partial or TenWorary CC. 4, The Rmat Order is not severable,and if any pnyviwon or camMon hereof is held void ar uncormfitutfonal in a final decision by a court of conWatwdj icbon.the order shWI be ra hmmd to the Bewd far reconsdderafim as to whellmir the cider meets the criteria for approval absent the stricken pr oMsion or c ondditm.arxNbr F:LL is appropftta to modify the remaining condifions ar impose now mndkicca. , The condition s of approval heroin am bintFing m applicard lice pr rty' ovrrrers, operftrs, and ell successors In Interest and assigns. 6. l+l©ft q in this order authorizes a vioiaton of the Cdy Coft or other appLicable,law, nor alk wrs a relaxation of any requirement or standad wM ftffth En the City Code.. �. 1!�1'4iW[l1'���B4:P�arlB.deraz I DESIGN REVIEW BOARD City of Miami Beach, Florida MEETING DATE: March 6, 2012 FILE NO: 22894 PROPERTY: 1 Washington Avenue— South Pointe Park IN RE: The Application for Design Review Approval for an off-leash dog area within the western portion of South Pointe Park. ORDER The applicant, the City of Miami Beach, 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, and the reasons set forth in the Planning Department Staff Report, the project as submitted is consistent with the Design Review Criteria 10 in Section 118-251 of the Miami Beach Code. i i B. The Design Review Board does not support any off-leash dog area within the boundaries of South Pointe Park. However, if the City Commission determines that it is appropriate and necessary to create an off-leash dog area in South Pointe Park, the Board determines the following: 1. There shall be no hedge to define the area. 2. It shall not be located in area#3, surrounding the art in public places "lighthouse" project. C. 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. D. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. �t9'1 Page 2 of 3 Meeting Date: March 6, 2012 DRB File No. 22894 E. Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement.or standard set forth in the City Code. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the public hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, including the staff recommendations which were adopted by the Board, that the Application for Design Review approval is GRANTED for the above-referenced project subject to those certain conditions specified in Paragraphs B, C, D, and E of the Findings of Fact hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Design Review Board, as determined by staff, entitled "South Pointe Park Improvements", as prepared by the City of Miami Beach, dated 1-24-12. If the required permit for the project is not issued within eighteen (18) months of the meeting date at which the original Design Review Approval was granted, the Design Review Approval will expire and become null and void, unless the applicant makes application to the Board for an extension of time, in accordance with the requirements and procedures of Chapter 118 of the City Code; the granting of any 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. If the Full Building Permit should expire for any reason (including but not limited to construction not commencing and continuing, with required inspections, in accordance with the applicable Building Code), the Design Review Approval will expire and become null and void. i of an � In accordance with Section 118-264 of the City Code, the violation y conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. i I I i Dated this 4 day of 20 DESIGN REVIEW BOARD T CITY OF MIAMI B CH, F IDA BY: Il TH MAS R. MOONEY, AICP i Page 3of3 Meeting Date: March 6, 2012 DRB File No. 22894 DESIGN AND PRESERVATION MANAGER FOR THE CHAIR STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of .,j!a 2 C'6'- 20/P--by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the Corporation. He is personally known to me. vr"pusi,° TERESAMARIA 2° * My WkiMISSION k DD 928148 * E weember2,282 NOTARY PUBLIC ?gTfOF F�A�o! Bonded lrN Budget Notary Serrices Miami-Dade County, Florida My commission expires: Approved As To Form: Legal Department: � Filed with the Clerk of the Design Review Board on F:\PLAN1$DRBORB12WlarDRB 12\22894-MAR2012.FO.docx i I i 1 1 1 I i