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2016-29540 Reso RESOLUTION NO. 2016-29540 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82-93(a), OF THE CITY CODE, SETTING A PUBLIC HEARING TO CONSIDER APPROVING A REVOCABLE PERMIT REQUEST BY 418 MERIDIAN, LLC, IN ORDER TO ALLOW THE INSTALLATION OF CANOPY ON THE EAST FACADE OF THE PLAZA HOTEL, LOCATED AT 426 MERIDIAN, WHICH CANOPY WOULD BE CONSISTENT WITH THE HISTORIC DOCUMENTATION FOR THE CONTRIBUTING STRUCTURE WITHIN THE OCEAN BEACH LOCAL HISTORIC DISTRICT, AND WHICH CANOPY WOULD EXTEND APPROXIMATELY EIGHT FEET (8') OVER THE RIGHT-OF-WAY (SIDEWALK) ON MERIDIAN AVENUE, WOULD BE 49 FEET IN LENGTH WITH A CLEARANCE OF APPROXIMATELY 12 FEET ABOVE THE SIDEWALK, AND CONSIST OF A TOTAL AREA OF 377.71 SQUARE FEET. WHEREAS, 418 Meridian, LLC (Applicant) is the owner of the Plaza Hotel, located at 426 Meridian Avenue, and is requesting a revocable permit for the recreation of the historic canopy on the east façade extending approximately eight feet over the sidewalk; and WHEREAS, on November 12, 2013, the City's Historic Board Preservation Board (HPB), lI canopy along the eastern portion of through HPB File No. 7392, required Applicant to install a ca opy g p 9 the building, in order to replicate the original canopy in accordance with available historic documentation, inclusive of location and dimensions for the Contributing structure located in the Ocean Beach Local Historic District; and WHEREAS, based upon the HPB order, the Applicant is proposing the reintroduction of the original canopy, measuring approximately 49 feet long and eight (8) feet wide with the clearance of approximately 12 feet above the sidewalk; and WHEREAS, the improvements being proposed by the Applicant will restore the historic canopy and further enhance the City's Ocean Beach Local Historic District; and WHEREAS, pursuant to Section 82-93(a) of the City Code, the City Commission desires to approve at first reading, and schedule the public hearing to consider the request for a revocable permit; and WHEREAS, the Administration recommends scheduling of the public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, pursuant to Section 82-93(a), of the City Code, hereby set a public hearing to consider approving a revocable permit request by 418 Meridian, LLC, in order to allow the installation of canopy on the east façade of the Plaza Hotel, located at 426 Meridian, which canopy would be consistent with the historic documentation for the Contributing structure within the Ocean Beach Local Historic District, and which canopy would extend approximately eight feet (8') over the right-of- way (sidewalk) on Meridian Avenue, would be 49 feet in length with a clearance of approximately 12 feet above the sidewalk, and consist of a total area of 377.71 square feet. PASSED and ADOPTED this / day of s- , "n2i.P✓ _ • ATTEST: J/,-. Philip =, -, Mayor Rafae"`E. G1 =do, 'C erk lit _� � Ear �` • 4 0 APPROVED AS TO • a + { .., �\ FORM &LANGUAGE . \''l{{ & O EX CUTION l T:\AGENDA\2016\September\Public Works\418 RQeridian:A e�'Revocable Permit--RESO.docx �■ I , • Th i . City Attorney Date `((1z, (..,1-) 26 • We are committed to providing excellent public service and solely to all who live, work, and ploy in our vibrant, tropical, historic community. Resolutions -C7 O MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 14, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82-93(A), OF THE CITY CODE, SETTING A PUBLIC HEARING TO CONSIDER APPROVING A REVOCABLE PERMIT REQUEST BY 418 MERIDIAN, LLC, IN ORDER TO ALLOW THE INSTALLATION OF CANOPY ON THE EAST FACADE OF THE PLAZA HOTEL, LOCATED AT 426 MERIDIAN, WHICH CANOPY WOULD BE CONSISTENT WITH THE HISTORIC DOCUMENTATION FOR THE CONTRIBUTING STRUCTURE WITHIN THE OCEAN BEACH LOCAL HISTORIC DISTRICT, AND WHICH CANOPY WOULD EXTEND APPROXIMATELY EIGHT FEET (8') OVER THE RIGHT-OF-WAY (SIDEWALK) ON MERIDIAN AVENUE, WOULD BE 49 FEET IN LENGTH WITH A CLEARANCE OF APPROXIMATELY 12 FEET ABOVE THE SIDEWALK, AND CONSIST OF A TOTAL AREA OF 377.71 SQUARE FEET. RECOMMENDATION The Administration recommends that the Mayor and City Commission approve the Resolution and set second reading/public hearing for October 19, 2016. ANALYSIS 426 Meridian, LLC (Applicant) is the owner of the Plaza Hotel, located at 418 Meridian Avenue, and is requesting a revocable permit for the recreation of the historic canopy on the east façade extending approximately eight feet over the sidewalk. The City's Historic Board Preservation Board (HPB) required the installation of the East Canopy as replication of the original canopy in accordance with available historic documentation, inclusive of location and dimensions, through HPB File No. 7392 approved on November 12, 2013. The Applicant is proposing the reintroduction of the original canopy, measuring approximately 49 feet long and 8 feet wide with the clearance of approximately 12 feet above the sidewalk. The improvements being proposed by the Applicant will increase the value of the Property and in turn the neighborhood. Granting the revocable permit will not confer any special privilege upon the Applicants. Page 433 of 2277 Pursuant to Section 82-93(a) of the City Code, the City Commission desires to approve at first reading, and schedule the public heating to consider the request for a revocable permit and, additionally, in accordance with Section 82-93(b) of the City Code, to mail notice of the public hearing to owners of land lying within 375 feet of the existing permit area. At the public hearing, the revocable permit application will be reviewed pursuant to Section 82-94, of the City Code. CONCLUSION The Administration recommends that the Mayor and City Commission approve the Resolution and set second reading/public hearing for October 19, 2016. Legislative Tracking Public Works ATTACHMENTS: Description ❑ Resolution ❑ Canopy detail 1 ❑ canopy general view ❑ Letter of intent ❑ Sketch and legal ❑ Survey Page 434 of 2277 Ito] #--Tart—.- ' :°..6" °ew.'ry;-�.�" d€ _. o 1,c1 agg di o. 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VIA HAND DELIVERY & EMAIL August 9, 2016 Eric Carpenter, Director Public Works Department City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 Re: Revocable Permit Application for Entrance Canopy for 418-426 Meridian Avenue, Miami Beach, Florida Dear Eric: This law firm represents 418 Meridian, LLC (the "Applicant"), the owner of the above-referenced parcels identified by Miami-Dade County Folio Numbers 02-4203-009- 5040 and 02-4203-009-5030, which are known as 418 Meridian Avenue (collectively, the "Property"). Please consider this letter the Applicants' letter of intent requesting City Commission approval of a Revocable Permit to permit the recreation of a historic canopy on the east façade of the hotel at the north end of the Property. This approval will enable compliance with the development approvals granted by the Historic Preservation Board ("HPB"), most recently on November 12, 2013. See HPB Order 7392, attached. Property Description. The Property consists of two adjacent lots located at the southwest corner of the intersection of Meridian Avenue and 5th Street. An alley is located on the west side. The Property is surrounded by a mix of residential and • commercial properties. To the east, there is a new 3-story commercial building with a rooftop structure. To the southeast, south and southwest, there are multifamily apartment buildings. To the west there is a recently renovated retail building with a bank. To the north, across 5th Street, there are a Walgreens store, Shell gas station, 2- story hotel,small parking lot and a 3-story 58-unit residential condominium with ground floor retail. The Property is located within the C-PS2 Zoning District and is located within the Ocean Beach Local Historic District. • SOUTHEAST FINANCIAL CENTER•200 SOUTH BISCAYNE BOULEVARD, SUITE 850•MIAMI, FLORIDA 33131 PHONE.305.374.5300•IfAage0438,Ag212 RVVW.BRZONINGLAW.COM Eric Carpenter, Director August 9, 2016 Page 2 of 5 The Property contained three (3)buildings,all of which are contributing structures in the Historic Properties Database. The north building (formerly identified as 426 Meridian Avenue), which fronts on 5th Street and Meridian Avenue, was designed as a hotel with 84 rooms by architect Alvin L. Simmons in the Mediterranean Revival style and built in 1925. The vast majority of these units were served by hallway bathrooms. This three-story building was originally mid-block before the expansion of 5th Street and thus focuses on the Meridian Avenue frontage. For many years this building has been known as the PIaza Hotel. The lobby is located on the ground floor at the eastern end of the building facing Meridian Avenue. The southeast building (formerly known as 422 Meridian Avenue), which fronts on Meridian Avenue,was a 1-story 5-unit apartment building designed by Gerard Pitt in the Post War Modern style and built in 1953. The southwest building (former known as 418-420 Meridian Avenue), which only fronted on the alley, was 2-stories and contained 4 apartment units. It was originally built in the 1927,apparently as a single residence and may have contained a garage. The original architect is unknown and the design is fairly non-descript Mediterranean Revival style. Development Program. The Applicant has restored and preserved the Property in compliance with HPB Order No. 7392. Pursuant to same, the most prominent aspects of the existing buildings, namely the exterior and lobby of the 3-story Mediterranean Revival Plaza Hotel and the existing frontage of the 1-story Post War Modern southeast building on Meridian Avenue. All façades fronting the streets have been restored. The HPB approved the demolition of the southwest to allow for new construction on the west side of the Property connecting the Plaza Hotel to the southeast building to achieve one hotel development with a total of 43 rooms. At this time one of the final components of the restoration includes the reintroduction of the original canopy for the Plaza Hotel on Meridian Avenue. The canopy, measuring approximately 49 feet long and 7.708 feet wide with a clearance of approximately 12 feet above the sidewalk, will be placed along 5th Street frontage to bring much needed attention to the Plaza Hotel while simultaneously creating a grander entrance to this portion of South Beach. The restoration of the canopy was specifically opined on by the HPB and memorialized through condition 1.a. of HPB Order No. 7392. Satisfaction of the Revocable Permit Criteria. The City Code provides the ability to obtain a revocable permit for the encroachment of the historic canopy into the Meridian Avenue pedestrian right of way. The Applicants satisfy the revocable permit criteria stated in Section 82-94 of the City Code as follows: BERCOW R��A�D� ELL&�FpqE.RNANDEZ ZONING. LAN ID -13 6}t4 LLI )N M E N TA L LAW Eric Carpenter, Director August 9, 2016 Page 3 of 5 • The Applicant's need is substantial. The Applicant respectfully requests the revocable permit in order to comply with the conditions of HPB Order No. 7392. The revocable permit will allow the Property to maintain compliance with this development approval and allow the historic structure to maintain its historic aesthetic. • The Applicant holds title to an abutting property. The Applicant owns the Property, which has historically been comprised of three (3) separate buildings with three separate addresses on two lots, as described above. For the purposes of the proposed development and restoration, the Applicant unified the Property. The folio combination has not yet been completed by Miami-Dade County Property Appraiser. • The proposed improvements will comply with applicable codes, ordinances,regulations,neighborhood plans and laws. The proposed canopy will comply with applicable codes, ordinances, regulations, neighborhood plans and laws. The restoration of the canopy has been specifically requested by the HPB and the Applicant has requested a revocable permit to ensure that encroachment of the required canopy complies with the applicable regulations. • The grant of the application will have no adverse effect on governmental/utility easements and uses on the property. The grant of the revocable permit will allow the Applicant to recreate the historic canopy that existed on the property for decades. The canopy will be installed at an appropriate height, 12 feet clearance, which permits free pedestrian passage below the canopy and does not obstruct the right-of-way. The restored canopy will have no adverse effect on governmental/utility easements and uses on the property. • An unnecessary hardship exists that deprives the Applicant of a reasonable use of the land. A canopy was incorporated into the original design of the Plaza Hotel on the Property. Previously,a revocable permit was not required for the installation or retention of this type of canopy. The HPB made a determination that the canopy should be recreated in compliance with the historic aesthetic of the Plaza Hotel. The restoration of the canopy results in the required revocable permit. Due to the existing building location BERCOW RAD L.s ERNAN DEZ ZONSNQ, LANG trail �1 O N MENTAL LAW Eric Carpenter, Director August 9, 2016 Page 4 of 5 and the HPB requirement for the restoration of the canopy, the Applicant would suffer a hardship if not granted this revocable permit. • That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. The proposed canopy will pay homage to the historic appearance of the Plaza Hotel and promote pedestrianism in the area. Further, the restoration of the canopy will increase the value of the Property,and in turn that of the neighborhood. • That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owner within the City of Miami Beach can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community. Many historic buildings were similarly constructed with canopies projecting into the right-of- way and to recreate any such historic canopy would also require a revocable permit application. • That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact it will improve the historic character of the Property and the surrounding area. Conclusion. The approval of this revocable permit application is necessary to successfully complete the restoration and redevelopment of this small historic gem. We respectfully request your recommendation of approval for the revocable permit to allow the restoration of the historic canopy. We believe that the granting of the revocable permit is compatible with the City's requirements and will ultimately result in a great improvement to the Property and the surrounding area. As always,we look forward to BERCOW RADELL&FERNAN DEZ Z O NINO. LAN() LIp50N1471512227I NI NI E NTA L LAW Eric Carpenter, Director August 9, 2016 Page 5 of 5 your favorable review. Should you have any questions, please do not hesitate to contact me at: (305) 377-6236. Sincerely, r Matthew Amster Attachment cc: Roger Buell (by email only) Carey Osbourne (by email only) Otniel Rodriguez (by email only) Deborah Tackett(by email only) Roberto D. Colmenero (by email only) Michael W. Larkin, Esq. (by email only) BERCOW RADE` LL ERNANIDEZ ZONING. LAN O 1�.8F1�AA 3 OfT• I O N M EN TA LAW 1 1 1 111111 1 1111 11111 I 1111 11111 11111 11111 MI 101 CFN 2014-80005262 OR Bk 28975 Pss 3111 — 3118► (Sass) RECORDED 01/03/2014 i4:09.06 HARVEY RUVIN, CLERK OF COURT HISTORIC PRESERVATION BOARD MI(aNI—DAQE COUNTY? FLORIDA City of Miami Beach, Florida MEETING DATE: November 12, 2013 ."` CERTIFICATION °r, .1: N•4$' THIS IS TO CERTIFY THAT THE ATTACHED DOCUMENT °` ri ' IS A TRUE AND ACCURA .COPY 1 THE ORIGINAL ON FILE NO: 7392 g Ms, FILE IN OFFICE OF ii DEPARTMENT. E m ° r .CH <l-a/7-13 2 .. 5 ,c m t Ptarfiq DVtcbt a o' .) (Dal!) z 3 SE 1oro—t^DtPr�,'u aO1D: PROPERTY: 418-426 Meridian Avenue Nora 2 g Pre*Name: E4.5 A A OL I & My Commission Explres:(Seal)/Tot—.0—!3 This document conteiats_Lapes. LEGAL: Lots 3-4, Block 75, of Ocean Beach Addition No. 3, According to the Plat Thereof, as Recorded in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida. IN RE: The Application for a Certificate of Appropriateness for the partial demolition, renovation and alteration of an existing 3-story hotel structure including the construction of a roof-top addition, the demolition of an existing 2-story building, the substantial demolition of an existing single story structure, and the construction of a new 4-story building. ORDER The applicant, 418 Meridian, LLC, filed an application with the City of Miami Beach Planning Department for a Certificate of Appropriateness. The City of Miami Beach Historic Preservation 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. The subject structure is classified as 'Contributing' in the Miami Beach Historic Properties Database and is located within the Ocean Beach Historic District. PN-co�r,�P� J\1 u.te[ 0 B. Based on the plans and documents submitted with the application, testimo (°,n 4 oG information provided by the applicant, and the reasons set forth In the Planning Dep-(H a N' Staff Report, the project as submitted is consistent with the Certificate of Appropria'�a- •'..�:. ,3, Criteria in Section 118-564(a)(1) of the Miami Beach Code, is consistent with Certific ,'"„': $i Appropriateness Criteria in Section 118-564(a)(2) of the Miami Beach Code, is not consis•'.."'�91 C'''' Page 444 of 2277 CiA Page 2 of 8 HPB File No. 7392 Meeting Date: November 12, 2013 with Certificate of Appropriateness Criteria `b' in Section 118-564(a)(3) of the Miami Beach Code, and is consistent with Certificate of Appropriateness Criteria for Demolition in Section 118-564(f)(4) of the Miami Beach Code. C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: 1. 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: a. The original canopy structure located along the east elevation of the Plaza Hotel shall be reconstructed in a manner consistent with available historic documentation, inclusive of location and dimensions, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. b. Final details of all exterior surface finishes and materials shall be required, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, prior to the issuance on a building permit. c. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required and all new proposed windows shall substantially match the original window configurations, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. d. All new windows, doors and glass shall be required and all new proposed windows shall match the original window sizes and configurations, except where otherwise approved, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, prior to the issuance on a building permit. e. The final design and details of all exterior lighting shall be provided, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. Interior lighting shall be designed in a manner to not have an adverse overwhelming impact upon the historic hotel or the surrounding historic district. f. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly noted on a revised roof plan and elevation drawings and shall be screened from view, and all kitchen exhaust ducting shall be contained within the building from the first floor through to the roof, in a manner to be reviewed and approved staff, consistent with the Certificate of Appropriateness Criteria an• directions from the Board. Any rooftop mechanical equipment, str •te c. screening not shown on the plans approved by the Board may require l: lava approval. tt`ti.� cl Page 445 of 2277 Page 3 of 8 HPB File No. 7392 Meeting Date: November 12, 2013 g. A museum quality historic analysis and display of the existing structure, inclusive of a photographic and written description of the history and evolution of the original building and its changes of use over time, shall be submitted to and approved by staff, prior to the issuance of a Certificate of Occupancy or a Temporary Certificate of Occupancy; such historic analysis shall be displayed prominently within the public area of the historic structure, in a location to be determined by staff. h. The applicant shall submit a complete structural report prepared by a structural engineer registered in the State of Florida for the phased demolition, shoring, bracing, and stabilization of the historic building,including the methodology for the insertion of the new structural system(s), to fully ensure that the structural stability and integrity of the historic building and new construction is preserved both during and after construction, in a manner to be reviewed by staff, consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, and approved by the Building Department,prior to the issuance of a demolition permit. 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, shall be clearly indicated on the site and landscape plans in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. j. Prior to the issuance of a Certificate of Occupancy, the Architect for the project architect shall verify, in writing, that the project is consistent with the elevations, floor plans, site plan and landscape plans approved by the Planning Department for Building Permit. 2. 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 subject to the review and approval of staff. At a minimum, such plan shall incorporate the following: a. Ficus or similar hedges shall be prohibited in the front of the buildings along Meridian Avenue or Fifth Street; low growing shrubs'and planting may be permitted, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, prior to the issuance on a building permit. b. All Existing overhead utilities abutting the subject site shall be. 'laced underground, unless determined to be technically unfeasible or cost p f,, r. \ �Qa clot CO; c. All exterior walkways and driveways shall consist of decorati f=' - concrete, in a manner to be reviewed and approved by staff con a n + .;l he Certificate of Appropriateness Criteria and/or the directions from t = o- .} • to the issuance on a building permit. n�.�,,,_„•�, "• \J Page 446 of 2277 Page 4 of 8 HPB File No. 7392 Meeting Date: November 12, 2013 d. 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. e. The utilization of root barriers and/or Silva Cells, as applicable, shall be clearly delineated on the revised landscape plan. f. 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, siamese pipes or other related devices and fixtures, if any, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, prior to the issuance on a building permit. g. 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, shall be clearly indicated on the site and landscape plans, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, prior to the issuance on a building permit. h. 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 Planning Department for Building Permit. 3. All building signage shall be consistent in type, composed of flush mounted, non-plastic, individual letters and shall require a separate permit. 4. 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. 5. A traffic mitigation plan, which addresses all roadway Level of Service (LOS) 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 final building plans shall meet all other requirements of the Land Development Regulations of the City Code. pap copN , 6. All new and altered elements, spaces and areas shall meet the requireme is 4 0Q '; Florida Accessibility Code(FAC). �� G • go G99 t'R 1131 •• Page 447 of 2277 • Page 5 of 8 HPB File No. 7392 Meeting Date: November 12,2013 7. 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. 8. 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 if 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 recent 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. 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. 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. 'a'C�=`"' k. All right-of-way encroachments must be removed. All planting/landscaping in the public right-of-way must be approved t? " =• ,;. / Works and Parks Departments. '41°ECOU t�/ Page 448 of 2277 Page 6 of 8 HPB File No 7392 Meeting Date: November 12, 2013 9. The Applicant agrees to the following operational conditions for any and all permitted accessory uses: a. Any amplified sound produced anywhere on the subject premises shall not be audible within the confines of any apartment unit in the adjacent properties. b. The Historic Preservation Board (HPB) or the Planning Director shall retain the right to call the owners or operators back before the HPB, 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, or amend or impose other conditions, should there be a valid violation (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 City of Miami Beach, Florida(a/k/a "noise ordinance"), as amended, shall be deemed a violation of this approval and subject the approval to modification in accordance with 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. c. No outdoor bar counters shall be permitted on the premises, with the exception of within the new courtyard space created with the new construction. d. Except as may be required for fire or building code/Life Safety Code purposes, no loudspeakers shall be affixed to or otherwise located on the exterior of the premises that can be heard within the confines of the apartment units in the adjacent properties. e. No outdoor live music shall be permitted at any time, except as may be permitted in a valid Special Event permit issued by the City, or under the Conditional Use procedures of the City Code. f. Outdoor and open air entertainment establishments, as well as dance halls, as defined in the Miami Beach City Code, shall be prohibited. g. Rooftop facilities, inclusive of the pool and pool deck, shall be for the exclusive use of registered hotel guests and their invitees. No bar counter shall be placed on the roof at any time. 10. A drawn plan and written procedure for the proposed demolition shall be prepared and submitted by a Professional Structural Engineer, registered in the State of Florida, which fully ensures the protection of the public safety, as well as the protection of the existing structure on the subject site and all existing structures adjacent to the subject site du'rin .. the course of demolition. ' �• n0 11. The Certificate of Appropriateness for Demolition shall only remain in effect'fi {- period of time that there is an active Certificate of Appropriateness for the a5 s 1t,9, new construction on the subject property. Goo 14I MST d'r' Okapi— Page 449 of 2277 i Page 7 of 8 HPB File No. 7392 Meeting Date: November 12, 2013 12. 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. This shall not preclude the issuance of a partial or temporary CC or CO. 13. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit. 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 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 amended by the Board, that the Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-14 inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Historic Preservation Board, as determined by staff, entitled "418 Meridian", as prepared by Shulman +Associates, dated 09.18.13. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Final Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Final Order, have been met. The issuance of this Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including final zoning approval. If adequate handicapped access is not provided on the Board-approved plans, this approval does not mean that such handicapped access is not required. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forthjtl this Order. �cou4,4. �'J ct tRK 0 If the Full Building Permit for the project is not issued within eighteen (18)months of the 6a r, r date at which the original Certificate of Appropriateness was granted, this Cert to` Appropriateness will expire and become null and void. If the Full Building Permit for the • a±.,„ ,,, should expire for any reason (including but not limited. to construction not commen `,‘•; :. <c`t\c lip Page 450 of 2277 OR BK 28975 PG 3i1 S • LAST PAGE Page 8 of 8 HPB File No. 7392 Meeting Date: November 12, 2013 continuing, with required inspections, in accordance with the applicable Building Code), this Certificate of Appropriateness will expire and become null and void. In accordance with Section 118-561 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the and development regulations of the City Code. Failure to comply with this Order shall subject this Certificate of Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate of Appropriateness.. Dated this day of y v©oelikr,, 20 13 • HISTO' C PRESERVATIO 0A-.i4 THE C OF MIAMI BEA FL•111DA BY: THO WA S R. MOONEY, L'ICP /- DESIGN AND PRESERVATION MA SAGER FOR THE CHAIR STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this c day of 9 9 g v2 Y 20/3 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. -,-)Ze_e_o....e...9L---7et,,,,. oia:P?e, TERESA MARIA • ' my COMMISSION 1 DD 928148 Ira;;. * NOTARY PUBLIC ERNS:December 2,2013 ti.; ..e „B„d,rd Miami-Dade County, Florida // �£OF F-0 /X- ^/ ') My commission expires: VV�. !/ Approved As To Form: d Legal Department: ( ""- a!,i 3 ) Filed with F:\PLANI$HPBe HPBIN v1h317 92-N�r 3rRfJ obi IOA,��'OF 1"i--2Z_ � GO \� } EJYc RT1FYtbett isisa only i �'� ry� lri InelfiI ) a.- o' � 9 ca orYn�cw de el ,,,,� �' t .A.D.20 ( 1` a V. Aqt- WITNESS my hard and Official Seal. v t =• . �,:. HARVEYRUVIN, RK, ;air and Counl Cowls V"alb b ol 8y...____. . ..o.c. „are” Page 51 of 2277 II Page 452 of 2277 JOHN ISARRA & ASSOCIATES, INC. Air ∎\ Professional Land Surveyors & Mappers I BARRALAN DS URVEYORS.COM 1 777 N.W.72nd AVENUE 2804 DEL PRADO BLVD SOUTH Or U I SUITE 3025 SUITE NO.202 UNIT 1 MIAMI. FLORIDA 33126 CAPE CORAL,FL 33904 . PH: (305)262-0400 PH: (239)540-2660 FAX:(3055)262-04 FAX:(239) 540-2664 # SPECIFIC PURPOSE SURVEY N SKETCH AND LEGAL DESCRIPTION FOR CANOPY APPLICATION 418 MERIDIAN AVENUE, MIAMI BEACH, FL 33139 11/ 67 5th STREET c--"L <L 4E7-1 b b d o co co 140.00' 7.708' 35.00' Z. 00 90 U. b O 0 v PROPOSED b - ooi v ti CANOPY AREA 8 ' LOT-10 LOT-? v Z BLOCK-75 BLOCK-75 (cif 0O CO W W ZW 2 I- C I-- x Q 0 L 2 -,z, 0 THE WEST 7.708'OF THE RIGHT 7.708' q 2 o OF WAY OF MERIDIAN w AVENUE ADJACENT TO LOT 3 CI .4 LOT-4 "` BLOCK-75 C LOT•9 r W BLOCK-75 / ___- X000. 9000, 35.00' 140.00' C4 1 LOT-8 BLOCK-75 LOT-5 BLOCK-75 LEGAL DESCRIPTION: THE NORTH 49.00 FEET OF THE SOUTH 49.50 FEET OF THE WEST 7.708 FEET OF THE RIGHT OF WAY OF MERIDIAN AVENUE ADJACENT TO LOT 3,BLOCK 75,OF OCEAN BEACH ADDITION NO.3,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 2,AT PAGE 81,OF THE PUBLIC SURVEYOR'S CERTIFICATION: RECORDS OF MIAMI-DADE COUNTY,FLORIDA. CONTAINING HHEREBY CERTIFY.•THIS'BOUNDARYSURVErOF THE PROPERTY DESCRIBED HEREON, 377.708 SQUARE FEET. HAS RECENTLY BEEN SURVEYED AND DRAWN UNDER MY SUPERVISION,,AND COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY 771E FLORIDA BOARD OF SURVEYOR'S NOTES: PROFESSIONAL LAND SURVEYORS IN CHAPTER 5FI7,FLORIDA ADMINISTRATIVE CODE PURSUANT TO 472.027,FLORIDA STATUTES. 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