Resolution 2018-30468 RESOLUTION NO. 2018-30468
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 FOR OCTOBER 17, 2018, TO CONSIDER
APPROVING A REVOCABLE PERMIT REQUEST BY MAC 1045
5TH ST, LLC, WHICH UNIFIED SITE IS LOCATED AT 1031 5TH
STREET, 1045 bra STREET, 527 LENOX AVENUE, AND 543
LENOX AVENUE, IN ORDER TO ALLOW THE PARTIAL
ENCROACHMENT OF THE CITY'S RIGHT-OF-WAY BY: (1)
BUILDING EYEBROWS, FINS, AND BUILDING SIGNAGE
EXTENDING 1'-11", 2'-0 1/2", AND 1', RESPECTIVELY, AND
WITH A MAXIMUM OF 2'-4 112", INTO THE LENOX AVENUE
PUBLIC RIGHT-OF-WAY; AND (2) BUILDING EYEBROWS
STRETCHING 11 '/z" INTO THE ADJACENT PUBLIC ALLEY
WAY, MICHIGAN COURT, WHICH PERMIT SHALL BE
REVIEWED FOR CONSISTENCY WITH THE CRITERIA OF
SECTION 82-94, OF THE CITY CODE; AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE
REVOCABLE PERMIT.
WHEREAS, MAC 1045 5th ST, LLC (the"Applicant), the owner of the properties located
at 1045 5th Street, 1031 5th Street, 527 Lenox Avenue, and 543 Lenox Avenue, is requesting a
revocable permit to allow the partial encroachment of the City's right-of-way by (1) building
eyebrows, fins, and building signage extending 1'-1V, 2-4 Yd', and 1', respectively, into the
Lenox Avenue public right-of-way; and (2) building eyebrows stretching 11 1/2" into the adjacent
public alley way known as Michigan Court; and
WHEREAS, November 15, 2016 the City's Planning Board approved a conditional use
permit (CUP) for the construction of the new 4-story commercial building exceeding 50,000
square feet through the final order issued under PB File No.: 16-0053; and
WHEREAS, on September 26, 2017, the Planning Board modified the CUP under final
order issued under PB File No.: 17-0152; and
WHEREAS, on December 13, 2016, the City's Historic Preservation Board
(HPB) approved the design for the new 4-story commercial building through the final order
issued under HPB File No.: 16-0059; and
WHEREAS, the designed approved for both the CUP, and for the design, encroach into
the public rights-of-way,which requires a revocable permit; and
WHEREAS, the Applicant is requesting to encroach into the public right-of-way and has
applied for a revocable permit to allow for building eyebrows and louvers that begin at an
elevation of 15'- '/" above the ground level and extend no more than 21-4 'R' into the Lenox
Avenue public right-of-way and no more than 11 '/" into the adjacent public alley; and
WHEREAS, pursuant to Section 82-93(a) of the City Code, the City Commission desires
to schedule the public hearing to consider the request for a revocable permit; and analyzing the
request pursuant to the revocable permit criteria stated in Section 82-94, of the City Code as
follows:
(1)That the applicant's need is substantial.
(2)That the applicant holds title to an abutting property.
(3) That the proposed improvements comply with applicable
codes, ordinances, regulations, neighborhood plans and laws.
(4) That the grant of such application will have no adverse effect
on governmental/utility easements and uses on the property.
(5)Alternatively:
a. That an unnecessary hardship exists that deprives the
applicant of a reasonable use of the land, structure or building for
which the revocable permit is sought arising out of special
circumstances and conditions that exist and were not self-
created and are peculiar to the land, structures or building
Involved and are not generally applicable to other lands,
structures or buildings in the same zoning district and the grant
of the application is the minimum that will allow reasonable use
of the land, structures or building; or
b. 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.
(6) 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.
(7)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.
In order to grant a revocable permit, the city commission must
make an affirmative finding with respect to each of the criteria set
forth above. These findings may be made by one motion
addressed to all findings or, at the request of any member of the
commission, a finding or findings shall be considered separately.
The findings shall be made prior to'the vote on the application.
The revocable permit application shall be considered as a whole
unless any member of the city commission shall request that the
application be considered in parts, in which event the application
shall be considered in such parts as requested. In light of the
particular circumstances involved with each separate revocable
permit request, the grant of any revocable permit shall not
constitute or be deemed a precedent for the grant of any other
revocable permit.
and
WHEREAS,the Mayor and City Commission desire to set the public hearing pursuant
to Section 82-93(a), of the City Code,for October 17, 2018.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to Section 82-93(a), of
the City Code, set a public hearing for October 17, 2018, to consider approving a revocable
permit request by Mac 1045 5th St, LLC, which unified site is located at 1031 5th Street, 1045
5th Street, 527 Lenox Avenue, and 543 Lenox Avenue, in order to allow the partial
encroachment of the City's right-of-way by: (1) building eyebrows, fins, and building signage
extending 1'-11", 2'-4 1/2", and 1', respectively, and with a maximum of 21-4 1/211, into the Lenox
Avenue public right-of-way; and (2) building eyebrows stretching 11 Y2" into the adjacent public
alley way, Michigan Court, which permit shall be reviewed for consistency with the criteria of
Section 82-94, of the City Code; and authorizing the Mayor and City Clerk to execute the
revocable permit.
PASSED and ADOPTED this /2 day of Sepfet42018.
ATTEST:
Dan Gelber, Mayor
4 4 r1 lr
Rafael E. Granado, City Jerk '
_ ,- APPROVED AS TO
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Resolutions- C7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 12, 2018
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 FOR OCTOBER 17, 2018, TO CONSIDER
APPROVING A REVOCABLE PERMIT REQUEST BY MAC 1045 5TH ST, LLC,
WHICH UNIFIED SITE IS LOCATED AT 1031 5TH STREET, 1045 5TH STREET,
527 LENOX AVENUE, AND 543 LENOX AVENUE, IN ORDER TO ALLOW THE
PARTIAL ENCROACHMENT OF THE CITY'S RIGHT-OF-WAY BY: (1) BUILDING
EYEBROWS, FINS, AND BUILDING SIGNAGE EXTENDING 1'-11", 2'-4 1/2", AND
1', RESPECTIVELY, AND WITH A MAXIMUM OF 2'-4 1/2", INTO THE LENOX
AVENUE PUBLIC RIGHT-OF-WAY;AND (2) BUILDING EYEBROWS STRETCHING
11 %" INTO THE ADJACENT PUBLIC ALLEY WAY, MICHIGAN COURT, WHICH
PERMIT SHALL BE REVIEWED FOR CONSISTENCY WITH THE CRITERIA OF
SECTION 82-94, OF THE CITY CODE; AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE REVOCABLE PERMIT.
RECOMMENDATION
The Administration recommends approving the setting of the public hearing on first reading.
ANALYSIS
MAC 1045 5th ST, LLC (the "Applicant"), the owner of the properties located at 1045 5th Street,
1031 5th Street, 527 Lenox Avenue, and 543 Lenox Avenue, is requesting a revocable permit to allow
the partial encroachment of the City's right-of-way by (1) building eyebrows, fins, and building
signage extending 1'-11", Z-41/2", and 1", respectively, into the Lenox Avenue public right-of-way; and
(2) building eyebrows stretching 111/4" into the adjacent public alley way known as Michigan Court.
November 15, 2016 the City's Planning Board approved a conditional use permit (CUP) for the
construction of the new 4-story commercial building exceeding 50,000 square feet through the final
order issued under PB File No.: 16-0053. On September 26, 2017, the Planning Board modified the
CUP under final order issued under PB File No.: 17-0152. On December 13, 2016, the City's
Historic Preservation Board (HPB) approved the design for the new 4-story commercial building
through the final order issued under HPB File No.: 16-0059. The designed approved for both the
CUP, and for the design, encroach into the public rights-of-way, which requires a revocable permit.
The Applicant is requesting to encroach into the public right-of-way and has applied for a revocable
permit to allow for building eyebrows and louvers that begin at an elevation of 15'- '/,' above the
ground level and extend no more than 2'-4 %' into the Lenox Avenue public right-of-way and no more
Page 558 of 1802
than 11 Y" into the adjacent public alley.
Pursuant to Section 82-93(a) of the City Code, the City Commission desires to schedule the public
hearing to consider the request for a revocable permit; and analyzing the request pursuant to the
revocable perrrit criteria stated in Section 82-94, of the City Code as follows:
(1) That the applicant's need is substantial.
(2) That the applicant holds title to an abutting property.
(3) That the proposed improvements con-ply with applicable codes, ordinances, regulations,
neighborhood plans and laws.
(4) That the grant of such application will have no adverse effect on governmental/utility easements
and uses on the property.
(5)Alternatively:
a. That an unnecessary hardship exists that deprives the applicant of a reasonable use of the land,
structure or building for which the revocable permit is sought arising out of special circumstances and
conditions that exist and were not self-created and are peculiar to the land, structures or building
involved and are not generally applicable to other lands, structures or buildings in the same zoning
district and the grant of the application is the minimum that will allow reasonable use of the land,
structures or building; or
b. 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.
(6) 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.
(7) 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. In order to grant a revocable permit, the
city commission must make an affirmative finding with respect to each of the criteria set forth above.
These findings may be made by one notion addressed to all findings or, at the request of any
member of the commission, a finding or findings shall be considered separately. The findings shall be
made prior to the vote on the application. The revocable permit application shall be considered as a
whole unless any member of the city commission shall request that the application be considered in
parts, in which event the application shall be considered in such parts as requested. In light of the
particular circumstances involved with each separate revocable permit request, the grant of any
revocable permit shall not constitute or be deemed a precedent for the grant of any other revocable
permit.
CONCLUSION
The Administration recommends approving the setting of the public hearing on first reading.
Page 559 of 1802
Legislative Tracking
Public Works
ATTACHMENTS:
Description
o Resolution
o Letter of intent
o Revocable permit application
o Sketch and legal
o Opinion of the title
o Opinion of the City ROW
Page 560 of 1802
BERCOW RADELL FERNANDEZ & LARKIN
ZONING, LAND USE AND ENVIRONMENTAL LAW
DIRECT LINE(305)377-6236
E-Mail: MAmster@BRZoningLaw.com
VIA HAND-DELIVERY &EMAIL
August 10, 2018
Roy Coley, Director
Public Works Department
City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach, Florida 33139
Re: Revocable Permit Application for 1045 5th Street,1031 5th Street,527 Lenox Avenue
&543 Lenox Avenue, Miami Beach,Florida
Dear Mr. Coley:
This law firm represents MAC 1045 5th Street, LLC, (the "Applicant") for an
application concerning the four (4) adjacent parcels located at 1045 5 Street,10315 Street,
527 Lenox Avenue & 543 Lenox Avenue (collectively the "Property"). Please consider
this letter the Applicant's letter of intent requesting City Commission approval of a
Revocable Permit to permit partial encroachment into the City's right of way by
eyebrows, fins that cover the stair core and permitted signs on the exterior of the
approved building abutting the right of way in compliance with development approvals
granted by the Planning Board ("PB") and the Historic Preservation Board ("HPB"). See
PB Orders PB16-0053 and PB17-0152, and HPB Order HPB16-0059 (the "Development
Approvals") attached.
Property Description. The Property is located along 5th Street to the south, Lenox
Avenue to the west, and a public alleyway to the east, known as Michigan Court. It is
comprised of approximately 43,500 square feet (approximately 1 acre) located on the
northeast corner of the intersection of Lenox Avenue and 5th Street. The Property's four
(4) parcels are identified by Miami-Dade County Folio Nos. 02-4204-002-0040, 02-4204-
002-0030, 02-4203-009-7840 and 02-4203-009-7850.1 The Property is located within the
Ocean Beach Historic District and is zoned C-PS2, Commercial Performance Standard,
General Mixed-use Commercial ("C-P52"), a zoning district allowing a wide range of
I The Applicant is in the process of combining the four parcels into one unified parcel.
SOUTHEAST FINANCIAL CEMEP•zoo SOU•...yec5RicedBO&ARO, SUITE e60•MWMI, FLORIDA 33131
PHONE.305.374.5300•FAX.305.377.8222•W W W.BAZONINOUW.COM
Roy Coley, Director
August 10, 2018
Page 2 of 4
commercial uses as a main permitted use. The Property is currently under construction
pursuant to the Development Approvals and Building Permit No. BC1704186 as
described further below.
Approved Development Program. Pursuant to Development Approvals, the PB
and HPB approved a 4-story development consisting of a parking garage and multiple
retail bays (the "Approved Development"). The first two (2) levels of the structure will
serve as solely retail, except for ramps at the north and east to access internal parking.
The third level will have retail along the south and west and parking in the interior. There
will be two(2)additional levels of parking on the fourth floor and the rooftop level,which
is open-air. The majority of the parking fronting each of 5th Street and Lenox Avenue will
be lined with retail uses and the remaining will be screened with decorative design
features.
The approved plans provide for decorative elements that articulate and enhance
the design of the building. Some of these elements minimally encroach into the abutting
public rights of way above ground level, which is a typical historic feature of numerous
other buildings in the City. The lowest hanging encroachment into the public rights of
way is along the second level, 15'-1/2' above the ground level. Along the western
boundary of the Property, the encroachments consist of fins and a roof overhang that
cover and frame the stair core extending 2'-4'/z',and building eyebrows projecting 11'h"
along the center and north areas and 1'-11" along the southern area of the building, as
well as a building identification signage at the fourth level projecting 1', into the Lenox
Avenue public right of way. The maximum encroachment on the west is 2'-4'h". Along
the eastern boundary of the Property, the encroachments on the second, third and fourth
levels of the Approved Development are building eyebrows all stretching 11 'h" into the
public alley right of way.
Satisfaction of the Revocable Permit Criteria. The City Code provides the ability
to obtain a revocable permit for the encroachment of the eyebrows,fins,and signage into
the public rights of way. The Applicant satisfy the revocable permit criteria stated in
Section 82-94 of the City Code as follows:
• The Applicant's need is substantial.
The Applicant respectfully requests the revocable permit in order to comply with
the conditions of HPB Order No. HPB16-0059 to achieve the design of the project. The
revocable permit will allow the Property to maintain compliance with this development
approval and be compatible with the surrounding area.
BGRCOW RADEW A9 DEZ & LARKIN
=ONJIF4O. .A�o USE ANO E�vInoNMEbJT«LAW
Roy Coley, Director
August 10, 2018
Page 3 of 4
• The Applicant holds title to an abutting property.
The Applicant owns the Property as confirmed by the opinion of title included
with the application package.
• The proposed improvements will comply with applicable codes,
ordinances,regulations,neighborhood plans and laws.
The proposed fins, eyebrows, and signage will comply with applicable codes,
ordinances, regulations,neighborhood plans and laws, as evidenced by the HPB and PB
approvals. The Applicant has requested a revocable permit to ensure that encroachment
of the required fins, eyebrows, and signage 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 improve the Property
with the approved design. The encroachments are minimal and will be installed at an
appropriate height, allowing for a minimum clearance of 15'-1/2', which permits free
pedestrian passage below the fins,eyebrows,and signage and does not obstruct the right-
of-way. The encroachment will have no adverse effect on governmental/utility
easements and uses on the property.
• 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 encroachment will allow for the redevelopment of the Property with
a signature building as approved by HPB and PB. The Approved Development will make
better use of the Property by providing for needed retail use in the area and improving
the pedestrian experience 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
BERCOW RADELUVthisiKRIDEE & LARKIN
ZONING, LANE USE AND ENVIRONMENTAL LAW
Roy Coley, Director
August 10,2018
Page 4 of 4
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.
• 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. To the contrary, it will allow for
an improved design upon the Property and a favorable use in the neighborhood.
Conclusion. The approval of this revocable permit application is necessary to
successfully complete the redevelopment of the Property as provided by the HPB and PB
approvals. We respectfully request your recommendation of approval for the revocable
permit to allow the redevelopment of the Property. 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 your favorable review. Should you have any questions,please do not hesitate
to contact me at: (305) 377-6236.
Sincerely,
Matthew Amster
Attachments
BERCOW RADECfl HA 1DEZ & LARKIN
ZONING. LAND USE ANO ENVIRONMENTAL LAW
CFN:20170035057 BOOK 30390 PAGE 3198
DATE:01/20/2017 03:12:05 PM
HARVEY RUVIN,CLERK OF COURT, MR-DADE CTY
PLANNING BOARD
CITY OF MIAMI BEACH, FLORIDA
PROPERTY: 1045 51"Street
FILE-NO- P1518--0053
IN RE: The applicants, MAC 1045 5th Street, LLC, and MAC 1031 5th Street,
LLC, requested Conditional Use approval for the construction of a new 4-
story commercial development exceeding 50,000 square feet, including a
parking garage, pursuant to Chapter 142, Article II and Chapter 118,
Article IV of the City Code.
LEGAL
DESCRIPTION: (Parcel 1) 1031 5TH Street
LOTS 9, BLOCK 98, MCGUIRE'S SUBDIVISION BEING A
RESUBDIVISION OF LOTS 6, 7, 8, 9, 10, AND 11, BLOCK 98 OF
OCEAN BEACH ADDITION NUMBER 3, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 6, PAGE 83, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
and
(Parcel 2) 1045 5th Street
LOTS 12, THROUGH 14, INCLUSIVE, BLOCK 98, OF OCEAN BEACH,
FLORIDA ADDITION NUMBER 3, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 2, PAGE 81, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
LOTS 10 AND 11, OF MCGUIRE'S RESUBDIVISION OF LOTS 6
THROUGH 11, BLOCK 98 OF OCEAN BEACH, FLORIDA ADDITION
NUMBER 3, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 6, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
MEETING DATE: November 15, 2016
CONDITIONAL USE PERMIT
The applicants, MAC 1045 5th Street, LLC, and MAC 1031 5th Street, LLC, filed an application
for Conditional Use approval for the construction of a new 4-story commercial development
exceeding 50,000 square feet, including a parking garage, pursuant to Chapter 142, Article II
and Chapter 118, Article IV of the City Code. Notice of the request for Conditional Use was
Page 571 of 1802
CFN:20170035057 BOOK 30390 PAGE 3199
PB No. P816-0053-1045 5`h Street
Page 2 of 6
given as required by law and mailed out to owners of property within a distance of 375 feet of
the exterior limits of the property, upon which the application was made.
The Planning Board of the City of Miami Beach 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:
That the property in question is located in the Commercial Performance Standards
District, General Mixed-Use Commercial (C-PS2);
That the intended Use or construction will not result in an impact that will exceed the
thresholds for the levels of service as set forth in the Comprehensive Plan;
That structures and Uses associated with the request are consistent with the City Code;
That the public health, safety, morals, and general welfare will not be adversely affected;
That necessary safeguards will be provided for the protection of surrounding property,
persons, and neighborhood values if the following conditions are met.
IT IS THEREFORE 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 is adopted herein, including the
--staff_renommendations_which_were_amended-by-the-Board;that-the-Conditional-Use-Permit-as ------
requested and set forth above be GRANTED, subject to the following conditions to which the
applicant has agreed:
1. This Conditional Use Permit is issued to MAC 1045 5th Street, LLC, and MAC 1031 5th
Street, LLC, as the applicant and owner of the property. Any change of operator or 50%
(fifty percent) or more stock ownership, partnership interest, or the equivalent, shall
require review and approval by the Planning Board as a modification to this Conditional
Use Permit. Subsequent owners and operators shall be required to appear before the
Board to affirm their understanding of the conditions listed herein.
2. Where one or more parcels are unified for a single development, the property owner
shall execute and record a unity of title or a covenant in lieu of unity of title, as may be
applicable-i na-form-acceptable-to_the-City-Attorneyrphor-to-the-issuance-of-ahuikling
permit.
3. A Construction Parking and Traffic Management Plan (CPTMP) shall be approved by the
Parking Director pursuant to Chapter 106, Article II, Division 3 of the City Code, prior to
the issuance of a Building Permit.
A. The plans shall- be' 'revised to ensure compliance with the Land Development
Regulations prior to obtaining a building permit.
5. Prior to the issuance of a building permit for the project, the applicant shall submit an
operational plan and narrative for the operation the parking garage. This operational pllaayn�y,
t"
Page 572 of 1802
CFN:20170035057 BOOK 30390 PAGE 3200
PB No. PB16-0053—1045 5""Street
Page 3 of 6
and narrative shall be subject to the review and approval of staff and, at a minimum,
shall satisfy the following:
a) That the garage may be in operation 24 hours per day, seven days a week, as
proposed by the applicant.
b) There shalLbe monitoringMihaigarageduring_alLhouts-of-aperatlon
c) Warning signs prohibiting horn honking or car alarm sounding shall be posted
prominently in a location, subject to the review and approval of staff.
6. The following shall apply to the operation of the entire facility:
a) All trash containers shall utilize rubber wheels, or the path for the trash
containers shall consist of a surface finish that reduces noise, in a manner to be
reviewed and approved by staff.
b) Adequate air-conditioned and noise baffled trash room space shall be provided,
in a manner to be approved by the Planning staff. Doors shall remain closed and
• secured when not in active use.
c) Trash dumpster covers shall be closed at all times except when in active use.
d) Delivery trucks shall not be allowed to idle in loading areas or in the alley.
•
e) Trash pick-ups and deliveries shall only take place between 8:00 AM and 6:00
PM on Mondays through Fridays; and 10:00 AM and 6:00 PM on Saturdays and
Sundays.
0 Except as may be required for security, fire or building code/Life Safety Code
purposes, no speakers affixed to or otherwise located on the exterior of the
building shall be permitted.
7. Prior to the issuance of any Building Permit for the project, the applicant shall address
the following Concurrency, Traffic and Parking requirements:
a) There shall be sufficient area queuing in the entrance ramps to accommodate
anticipated—traffic—withnet tending-ento-6enoac-Avenue,—rtanor_to=awehieleis
arrival at an entry gate.
b) The applicant shall comply with mitigation measures as may be deemed
necessary by the City as a result of the traffic study peer review process, prior to
any retail tenant obtaining a Business Tax Receipt.
• c) A mountable curb shall be utilized for vehicles to enter the building to improve
pedestrian flow along Lenox Avenue, in a manner to be reviewed and approved by
staff.
d) A Method of Transportation (MOT), as applicable, shall be submitted to Public
Page 573 of 1802
CFN:20170035057 8001<30390 PAGE 3201
PB No. P816-0053-1045 5`"Street
Page 4 of 6
Works Department staff for review and approval prior to the issuance of a
building permit. The MOT shall address any traffic flow disruption due to
construction activity on the site.
e) If applicable, the applicant shall participate in a Transportation Concurrency
Management Area Plan (TCMA Plan), if deemed necessary, by paying its fair
share cost as may he determined—as-_dsterxnined—by—the—Concurrency
Management Division.
f) A final concurrency determination shall be conducted prior to the issuance of a
Building Permit. Mitigation fees and concurrency administrative costs, if required,
shall be paid prior to the issuance of any Building Permit.
g) Prior to the issuance of a Building Permit, calculations for required parking for the
project shall be determined by the Planning Department. A final determination
for the required parking shall be conducted prior to the issuance of a Certificate
of Occupancy or Business Tax Receipt, whichever comes first. If required, a one-
time fee in lieu of providing the required parking on site or in combination with an
annual fee, as determined by staff, shall be paid prior to the issuance of the
Certificate of Occupancy.
h) The applicant shall provide 40 short-term bicycle parking spaces on the site that
are available to customers and employees on the site, in a manner to be
reviewed and approved by staff.
i) The applicant shall provide transit information to the public, including route
schedules and maps within the lobby of the building in a manner to be reviewed
and approved by the Transportation Department.
j) The driveway shall be designed and signed for a right turn-in and right turn-out
only, in a manner to be reviewed and approved by staff.
k) A Transportation Demand Management Plan (TDM) shall be provided for review
and approval of the Transportation Department prior to the issuance of a building
permit for the interior build-out of individual tenant spaces.
8. The Planning Board shall retain the right to call the owner or operator, both now and in
the-futurerback-before-the-Board-and-mndify3his=GanditinnakUse=should_there=bea,alid
complaints or violations (as determined by Code Compliance) about loud, excessive,
unnecessary, or unusual noise related to parking or loading operations.
9. The applicant, operator and/or owner, both now and in the future, shall abide by all the
documents and statements submitted with this application, as well as all conditions of
this Order.
10. The Planning Board shall maintain jurisdiction of this Conditional Use Permit. The
applicant shall appear before the Planning Board for a progress report within 180 days
from the time 75% of the commercial space is in operation. The progress report shall
include, but not be limited to, updated information on traffic conditions surrounding the
Page 574 of 1802
CFN:20170035057 BOOK 30390 PAGE 3202
PB No.PB16-0053-1045?Street
Page 5 of 6
site. The Board reserves the right to modify the Conditional Use approval at the time of
a progress report in a non-substantive manner, to impose additional conditions to
address possible problems and to determine the timing and need for future progress
reports. This Conditional Use is also subject to modification or revocation under City
Code Sec. 118-194 (c).
11. The conditions of approval for this Canditinnal I Ice Permit-are binding-on-the-applicant
the property owners, operators, and all successors in interest and assigns. Any
substantial modifications to the plans submitted and approved as part of this application,
as determined by the Planning Director or designee, may require the applicant to return
to the Board for approval of the modified plans.
12. The applicant shall resolve all outstanding violations and fines on the property, if any,
prior to the issuance of a building permit for the project.
13. A violation of Chapter 46, Article IV, "Noise" of the Code of the City of Miami Beach,
Florida (a/k/a "noise ordinance'), as may be amended from time to time, shall be
deemed a violation of this Conditional Use Permit and subject to the remedies as
described in section 118-194, of the City Code.
14. This 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-orimpose-new conditions. -- --- - - --- --- - - --- —
15. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to
the issuance of a Building Permit.
16. The establishment and operation of this Conditional Use shall comply with all the
aforementioned conditions of approval; non-compliance shall constitute a violation of the
City Code, and shall be subject to enforcement procedures set forth in Section 114-8 of
the Code and such other enforcement procedures as are permitted by law. Any failure
by the applicant to comply with the conditions of this Order shall also constitute a basis
for consideration by the Planning Board for a revocation of this Conditional Use.
17. Nothing in this order authorizes a violation of the City Code or other applicable law, nor
—allows-a,relaxation-of-any-requirern®rat-or-standartlanrth-in-the-City-trade.
18. As voluntarily proffered by the Applicant, no more than fifty percent (50%) of the ground
floor may be aggregated with the second floor for a single tenant, unless otherwise
approved by the Planning Board at a public hearing.
19. As voluntarily proffered by the Applicant, a minimum of three (3) separate retail_
- - establishments shall be located on the ground floor facing 5" Street, unless otherwise
approved by the Planning Board at a public hearing.
Dated this /I day of J AMVMeY , 2017.
Page 575 of 1802
CFN: 20170035057 BOOK 30390 PAGE 3203
198 No. P616-0053—1045 5`h Street
Page 6 of
PLANNING BOARD OF THE
CITY OF MIAMI BEACH,
/ i ALL
BY: L
icmel-Belush-Planningand-Eening-Matreger
For Chairman
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
IA
The foregoing instrument was acknowledged before me this // day of
Jc--nank ^ ,,.20/-3 , by Michael Belush, Planning and Zoning Manager of the City
of Miami Beach, Forida, a Florida Municipal Corporation, on behalf of the corporation. He is
personally known to me.
MoniouE vows N tary
- _ /" . MYO0MMrssloN#GGos1914 Print Name /t-ffMac 065A.0
--- -- - LinRE3s5P19;2020— ---Notary-Public;State-of`Florida- - - -- _
Bonded hough 1st State Ineurarre My Commission Expires: See. {Q 06010
{NOTARIAL SEAL) Commission Number:
Approved As To For l��/ I
Legal Department ( / t /i f M
Filed with the Clerk o e Planning Board on �//7/w /7 ( "' )
F'.1PLAN\$PLB\2016111-15-16\P816-00531045 5th Street.The BLVD\PB16-0053-1045 5th St-The BLVD-Order 1115-16.doc
10
Page 576 of 1802
CFN:20170568877 BOOK 30712 PAGE 1243
DATE:10/10/2017 04:28:38 PM
HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTV
PLANNING BOARD
CITY OF MIAMI BEACH, FLORIDA
PROPERTY: 1045 5.1" Street
FILE NO: PB16-0053, PB77-0152
IN RE: The applicant, MAC 1045 5th Street, LLC, requested modifications to a
previously issued Conditional Use Permit for the construction of a 4-story
commercial development exceeding 50,000 square feet, including a
parking garage. Specifically, the applicants are requesting to modify the
previously approved garage access and increase the retail area, pursuant
to Chapter 142, Article II and Chapter 118, Article IV of the City Code.
LEGAL
DESCRIPTION: See "Exhibit A"
MEETING DATE: November 15, 2016, September 26, 2017
MODIFIED CONDITIONAL USE PERMIT
The applicant, MAC 1045 5th Street, LLC, filed an application for modifications to a Conditional
Use approval for the construction of a new 4-story commercial development exceeding 50,000
square feet, including a parking garage, pursuant to Chapter 142, Article II and Chapter 118,
Article IV of the City Code. Notice of the request for Conditional Use was given as required by
law and mailed out to owners of property within a distance of 375 feet of the exterior limits of the
properly, upon which the application was made.
The Planning Board of the City of Miami Beach makes the following FINDINGS OF FACT,
based upon the evidence, information, testimony and materials presented at the public hearing
and which are pad of the record for this matter:
That the property in question is located in the Commercial Performance Standards
District, General Mixed-Use Commercial (C-PS2);
That the intended Use or construction will not result in an impact that will exceed the
thresholds for the levels of service as set forth in the Comprehensive Plan;
That structures and Uses associated with the request are consistent with the City Code;
That the public health, safety, morals, and general welfare will not be adversely affected;
That necessary safeguards will be provided for the protection of surrounding property,
persons, and neighborhood values if the following conditions are met.
Page 577 of 1802 nN1�/
GEN:20170568877 BOOK 30712 PAGE 1244
PB 17-0152, P616-0053—1045 5"1 Street
Page 2 of 7
IT IS THEREFORE 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 is adopted herein, including the
staff recommendations which were amended by the Board, that the Conditional Use Permit as
requested and set forth above be GRANTED, subject to the following conditions to which the
applicant has agreed. Underlining denotes added language, and stcikeihreugh denotes stricken
language from the November 15, 2016 Conditional Use Permit:
1. This Conditional Use Permit is issued to MAC 1045 5th Street, LLC, as the applicant and
owner of the property. Any change of operator or 50% (fifty percent) or more stock
ownership, partnership interest, or the equivalent, shall require review and approval by
the Planning Board as a modification to this Conditional Use Permit. Subsequent
owners and operators shall be required to appear before the Board to affirm their
understanding of the conditions listed herein.
2. Where one or more parcels are unified for a single development, the property owner
shall execute and record a unity of title or a covenant in lieu of unity of title, as may be
applicable, in a form acceptable to the City Attorney, prior to the issuance of a building
permit.
3. A Construction Parking and Traffic Management Plan (CPTMP)shall be approved by the
Parking Director pursuant to Chapter 106, Article II, Division 3 of the City Code, prior to
the issuance of a Building Permit.
4. The plans shall be revised to ensure compliance with the Land Development
Regulations prior to obtaining a building permit.
5. A revised streetscape plan for Lenox Avenue, prepared by a professional Landscape
Architect, registered in the State of Florida, shall be submitted to and subiect to the
review and approval of staff, prior to the issuance of a permit for the reconfiguration of
the garage access and removal of the Lenox Avenue landscape median. If approved by
the Public Works and Transportation Departments, one of the north travel lanes shall be
eliminated and the sidewalk adjacent to the subject property widened, in a manner to be
approved by staff.
6. Prior to the issuance of a building permit for the project, the applicant shall submit an
operational plan and narrative for the operation the parking garage.This operational plan
and narrative shall be subject to the review and approval of staff and, at a minimum,
shall satisfy the following:
a) That the garage may be in operation 24 hours per day, seven days a week, as
proposed by the applicant.
b) There shall be monitoring of the garage during all hours of operation.
c) Warning signs prohibiting horn honking or car alarm sounding shall be posted
prominently in a location, subject to the review and approval of staff.
Page 578 of 1802 ',,`�,1 1A1't7
CFN:20170568877 BOOK 30712 PAGE 1245
PB 17-0152, PB16-0053—1045 5`"Street
Page 3 of 7
7. The following shall apply to the operation of the entire facility:
a) All trash containers shall utilize rubber wheels, or the path for the trash
containers shall consist of a surface finish that reduces noise, in a manner to be
reviewed and approved by staff.
b) Adequate air-conditioned and noise baffled trash room space shall be provided,
in a manner to be approved by the Planning staff. Doors shall remain closed and
secured when not in active use.
c) Trash dumpster covers shall be closed at all times except when in active use.
d) Delivery trucks shall not be allowed to idle in loading areas or in the alley.
e) Trash pick-ups and deliveries shall only take place between 8:00 AM and 6:00
PM on Mondays through Fridays; and 10:00 AM and 6:00 PM on Saturdays and
Sundays.
f) Except as may be required for security, fire or building code/Life Safety Code
purposes, no speakers affixed to or otherwise located on the exterior of the
building shall be permitted.
8. Prior to the issuance of any Building Permit for the project, the applicant shall address
the following Concurrency, Traffic and Parking requirements:
a) There shall be sufficient area queuing in the entrance ramps to accommodate
anticipated traffic without extending onto Lenox Avenue, prior to a vehicle's
arrival at an entry gate.
b) The applicant shall comply with mitigation measures as may be deemed
necessary by the City as a result of the traffic study peer review process, prior to
any retail tenant obtaining a Business Tax Receipt.
c) A mountable curb shall be utilized for vehicles to enter the building to improve
pedestrian flow along Lenox Avenue, in a manner to be reviewed and approved by
staff.
d) A Method of Transportation (MOT), as applicable, shall be submitted to Public
Works Department staff for review and approval prior to the issuance of a
building permit. The MOT shall address any traffic flow disruption due to
construction activity on the site.
e) If applicable, the applicant shall participate in a Transportation Concurrency
Management Area Plan (TCMA Plan), if deemed necessary, by paying its fair
share cost, as may be determined as determined by the Concurrency
Management Division.
Page 579 of 1802
CFN:20170568877 BOOK 30712 PAGE 1246
PB 17-0152, PB16-0053—1045 5th Street
Page 4 of 7
f) A final concurrency determination shall be conducted prior to the issuance of a
Building Permit. Mitigation fees and concurrency administrative costs, if required,
shall be paid prior to the issuance of any Building Permit.
g) Prior to the issuance of a Building Permit, calculations for required parking for the
project shall be determined by the Planning Department. A final determination
for the required parking shall be conducted prior to the issuance of a Certificate
of Occupancy or Business Tax Receipt, whichever comes first. If required, a one-
time fee in lieu of providing the required parking on site or in combination with an
annual fee, as determined by staff, shall be paid prior to the issuance of the
Certificate of Occupancy.
h) The applicant shall provide 40 short-term bicycle parking spaces on the site that
are available to customers and employees on the site, in a manner to be
reviewed and approved by staff.
i) The applicant shall provide transit information to the public, including route
schedules and maps within the lobby of the building in a manner to be reviewed
and approved by the Transportation Department.
j) The driveway shall be designed and signed for a right turn-in left turn-in and right
turn-out only, in a manner to be reviewed and approved by staff.
k) A Transportation Demand Management Plan (TDM) shall be provided for review
and approval of the Transportation Department prior to the issuance of a building
permit for the interior build-out of individual tenant spaces.
9. The Planning Board shall retain the right to call the owner or operator, both now and in
the future, back before the Board and modify this Conditional Use should there be valid
complaints or violations (as determined by Code Compliance) about loud, excessive,
unnecessary, or unusual noise related to parking or loading operations.
10. The applicant, operator and/or owner, both now and in the future, shall abide by all the
documents and statements submitted with this application, as well as all conditions of
this Order.
11. The Planning Board shall maintain jurisdiction of this Conditional Use Permit. The
applicant shall appear before the Planning Board for a progress report within 180 days
from the time 75% of the commercial space is in operation. The progress report shall
include, but not be limited to, updated information on traffic conditions surrounding the
site. The Board reserves the right to modify the Conditional Use approval at the time of
a progress report in a non-substantive manner, to impose additional conditions to
address possible problems and to determine the timing and need for future progress
reports. This Conditional Use is also subject to modification or revocation under City
Code Sec. 118-194(c).
Page 580 of 1802
CFN:20170568877 BOOK 30712 PAGE 1247
PB 17-0152, PBI6-0053—1045 5`h Street
Page 5 of 7
12. The conditions of approval for this Conditional Use Permit are binding on the applicant,
the property owners, operators, and all successors in interest and assigns. Any
substantial modifications to the plans submitted and approved as part of this application,
as determined by the Planning Director or designee, may require the applicant to return
to the Board for approval of the modified plans.
13. The applicant shall resolve all outstanding violations and fines on the property, if any,
prior to the issuance of a building permit for the project.
14. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami Beach,
Florida (a/k/a "noise ordinance"), as may be amended from time to time, shall be
deemed a violation of this Conditional Use Permit and subject to the remedies as
described in section 118-194, of the City Code.
15. This 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.
16. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to
the issuance of a Building Permit.
17. The establishment and operation of this Conditional Use shall comply with all the
aforementioned conditions of approval; non-compliance shall constitute a violation of the
City Code, and shall be subject to enforcement procedures set forth in Section 114-8 of
the Code and such other enforcement procedures as are permitted by law. Any failure
by the applicant to comply with the conditions of this Order shall also constitute a basis
for consideration by the Planning Board for a revocation of this Conditional Use.
18. 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.
19. As voluntarily proffered by the Applicant, no more than fifty percent(50%) of the ground
floor may be aggregated with the second floor for a single tenant, unless otherwise
approved by the Planning Board at a public hearing.
20. As voluntarily proffered by the Applicant, a minimum of three (3) separate retail
establishments shall be located on the ground floor facing 5" Street, unless otherwise
approved by the Planning Board at a public hearing.
1
Page 581 of 1802
CFN 20170568877 BOOK 30712 PAGE 1248
PB 17-0152, PB16-0053-1045 5f°Street
Page 6 of 7
!1�
Dated this 5 day of (/G7Ufs , 2017.
PLANNING BOARD OF THE
CITY OF MIAMI
BEACH, FLORIDA
BY: ,77/27.62.1/CL-1/
MicBelush, Chief of Planning and Zoning
For Chairman
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE ) ,o
The fore Ding instrument. was acknowledged bele me this a day of
0/Ad16 , 2.0/7", by Michael Belush, PAR Planning and Zoning for the City
of Miami Beach, Florida, a Florida Municipal Corpord tion, n behalf o�the''rorp n. He is
personally known to me, - 1
---- ./ata - G ' rt..---1/4...„..."
ABRIELA C.FPEMAS N :
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My Commission Expires: $ —3 --.a I
(NOTARIAL SEAL] Commission Number: tiny 131 ZS I
Approved As To Fpfinis ` 0,-- ,'1, J-_�) IOj/ -17
Legal Department ( 2 v`
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Filed with the Clerk of the Planning Board on/ it, - ,it ' ( )
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F:\PLAN\$PLE'301719-26-lTPB 17-0152- Lk.a Pa 16-0053-1045 5th si MCUP\PB17-0152-1045 5th St-The BLVD-MCUP 9-
26-17.doc
Page 582 of 1802 µ'
CFN:20170568877 BOOK 30712 PAGE 1249
PB 17-0152, P816-0053—1045 510 Street
Page 7 of 7
EXHIBIT A
LEGAL DESCRIPTION:
Lots 9, 10 crsd 11 las the Scuth 10,00 tact thereof, Block 98, I4cG1118ES' Ska$311410,N.
oeco dingg to the Plat therscf, es recorded In Plot eod, 6 et Pose $3 and Lots 12, 13 and
14, 8lccir 98, OCEAN BEACH. FLA Av'1N➢GN 40 3, accccding to the Plot ;harcat, as
recorded In Bat Book 2 at Page 81, oli beirg of the Public Records of Mlomi—Dods Courts.
Florida,
Page 583 of 1802 5"
CFN: 20160734252 BOOK 30355 PAGE 2979
DATE:12/21/2016 03:33:03 PM
HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: December 13, 2016
FILE NO: HPB16-0059
PROPERTY: 1045 5th Street, 1031 5th Street, 527 Lenox Avenue& 543 Lenox Avenue
APPLICANT: MAC 1045 5th Street, LLC & MAC 1031 5th Street, LLC
LEGAL: Parcel 1: Lot 9, Block 98 of MCGUIRE'S SUBDIVISION being a
resubdivislon of Lots 6, 7, 8, 9, 10, 11, Block 98 of OCEAN BEACH
ADDITION NO.3 according to the plat thereof recorded in Plat Book 6,
Page 83 of the public records of Miami Dade County, Florida.
Parcel 2: Lots 12 through 14, inclusive, Block 98 of OCEAN BEACH
ADDITION NO. 3, according to the plat thereof recorded in Plat Book 6,
Page 83 of the public records of Miami Dade County, Florida.
Lots 10 and 11 of MCGUIRE'S SUBDIVISION of Lots 6 through 11, Block
98 of OCEAN BEACH ADDITION NO. 3, according to the plat thereof
recorded in Plat Book 6, Page 83 of the public records of Miami Dade
County, Florida.
IN RE: The application for a Certificate of Appropriateness for the total demolition
of two `Non-Contributing' buildings and for the design of a new 4-story
commercial building, including variances to exceed the maximum permitted
building height and to eliminate the open court requirement.
ORDER
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:
I. Certificate of Appropriateness
— - — --- AT—The subject:MTh located-within-the-Ocean-Bea h-lzoCal-Historlo D18lTi6t.
B. 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:
- - ---.-------1..--Is-consistent-with-the-Certificate-of-Appropriateness Criteria in Section 118-564(a)(1) -of the Miami Beach Code.
2. Is consistent with Certificate of Appropriateness Criteria in Section 118-564(a)(2) of
the Miami Beach Code.
3. Is not consistent with Certificate of Appropriateness Criteria 'a', 'b', 'e' & 'f in Section
118-564(a)(3) of the Miami Beach Code.
Page 584 of 1802
CFN:20160734252 BOOK 30355 PAGE 2980
Page 2 of 8
HPB16-0059
Meeting Date: December 13, 2016
4. Is not consistent with Certificate of Appropriateness Criteria 'a-e' for Demolition in
Section 118-564(0(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 elevations, site plan and floor plan drawings shall be submitted and, at a
minimum, such drawings shall incorporate the following:
a. The design for the North elevation shall be consistent with the revised sheets 26,
49 and 50 submitted by the Applicant to the Board on December 13, 2016,
•
entitled "BLVD at Lenox" as prepared by Zyscovich Architects, dated 12/09/16, 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. The ground floor shall be setback a minimum of 12" from the Lenox Avenue
property line in order to increase the Lenox Avenue sidewalk to a minimum of
10'-6" in width, in a manner to be reviewed and approved by staff consistent with
• the Certificate of Appropriateness Criteria and/or the directions from the Board.
c. Final details of all exterior surface finishes and materials, including samples, shall
be submitted, 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. 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. Lighting shall be
designed in a manner to not have an adverse overwhelming impact upon the
surrounding historic district.
e. The internal garage lighting shall be shielded to inhibit direct views of all internal
light sources from either the street or adjacent properties, in a manner to be
reviewed and approved by staff consistent with the Certificate of Appropriateness
Criteria and/or the directions from the Board.
f. Ali kitchen venting and other venting shall be chased to the roof and venting
systems shall be employed as necessary to minimize or dissipate smoke, fumes
and odors, in a manner to be reviewed and approved by staff consistent with the
Certificate of Appropriateness Criteria and/or the directions from the Board.
g_.-All--building.signage shall require a separate permit, A-uniform-sign plan for the
new building shall be required. Signage shall consist of reverse channel, back-lit
letters, in a manner to be approved by staff consistent with the Certificate of
Appropriateness Criteria and/or the directions from the Board.
h. 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
Page 585 of 1802
CFN:20160734252 BOOK 30355 PAGE 2981
Page 3 of B
HPB16-0059
Meeting Date: December 13, 2016
vault rooms, and all other related devices and fixtures, shall not be provided
within the interior of the building, in a manner to be reviewed and approved by
staff consistent with the Certificate of Appropriateness Criteria and/or the
directions from the Board.
I. 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, 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. In the event that the City Commission renames or co-names 51h Street as"Miami
Beach Boulevard", the Applicant shall provide a bronze plaque, which includes a
brief biography of former City of Miami Beach Mayor John H. Levi, at the
property, in a manner to be reviewed and approved by staff, consistent with the
Certificate of Appropriateness Criteria and/or the directions from the Board.
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. Prior to the issuance of a building permit, the applicant shall submit a tree
protection plan for all trees to be retained on site. Such plan shall be subject to
the review and approval of staff, and shall include, but not be limited to a sturdy
tree protection fence installed at the dripline of the trees prior to any
construction.
b. In order to identify, protect and preserve mature trees on site, which are
suitable for retention and relocation, a Tree Report prepared by a Certified Tree
Arborist shall be submitted for the mature trees on site.
c. Any tree identified to be in good overall condition shall be retained, and
protected in their current location if they are not in conflict wittttbe_proposed
- -_--- - -— _- garage, or they shall be relocated on site, if determined feasible, subject to the
review and approval of staff. A tree care and watering plan also prepared by a
Certified Arborist shall be submitted prior to the issuance of a Building Permit
or Tree Removal/Relocation Permit. Subsequent to any approved relocation, a
monthly report prepared by a Certified Arborist shall be provided to staff
describing the overall tree performance and adjustments to the maintenance
plan.
d. Within 6 months of BTRs being issued for at least 75% of the retail areas, the
applicant shall prepare a bicycle use analysis for the property to determine if
additional bicycle racks are needed and, if warranted, install up to an additional
6 city-wide standard bicycle racks subject to the review and approval of staff.
Page 586 of 1802
CFN:20160734252 BOOK 30355 PAGE 2982
Page 4 of 8
HPB16-0059
Meeting Date: December 13, 2016
a Canopy shade street trees shall be required within the sidewalk along Lenox
Avenue and 5'h Street, spaced approximately 20'-0" on center if not in conflict
with existing utilities, in a manner to be reviewed and approved by the Public
Works Department.
f. 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.
g. The utilization of root barriers and/or Silva Cells, as applicable, shall be clearly
delineated on the revised landscape plan.
h. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all backflow prevention devices. Backflow prevention devices shall
not be permitted within any required yard or any area fronting a street or
sidewalk, unless otherwise permitted by the Land Development Regulations,
The location of all backflow prevention devices, and how they are screened
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 post-
indicator valves (PIV), fire department connections (FDC) and all other related
devices and fixtures, which shall be clearly indicated on the site and landscape
plans.
In accordance with Section 118-537, the applicant, the owner(s) of the subject property,
the City Manager, Miami Design Preservation League, Dade Heritage Trust, or an affected
person may appeal the Board's decision on a Certificate of Appropriateness to a special
master appointed by the City Commission.
II. Variance(s)
A. The applicant filed an application with the Planning Department for the following
variance(s), which were either approved by the Board with modifications, or denied
(Underlying denotes new language and atr#ethreugh denotes stricken language):
-- ------ 1-:--A-vanance to-excared-by-2'=-"-ihe maximum allowed building height of-50=0""in
order to construct a new 4-story commercial building up to 52'-1` as measured
from 13.0' NGVD.
2. A variance to eliminate the requirement to provide an open court area at the front
of the property, in order to construct a new 4-story commercial building without
--an-open-court along 5T Street. - - - - - ----
B. The applicant has submitted plans and documents with the application that satisfy Article
1, Section 2 of the Related Special Acts, allowing the granting of a variance if the Board
finds that practical difficulties exist with respect to implementing the proposed project at
the subject property.
Page 587 of 1802
4 l
CFN:20160734252 BOOK 30355 PAGE 2983
Page 5 of 8
HPB16-0059
Meeting Date: December 13, 2016
The applicant has submitted plans and documents with the application that also indicate
the following, as they relate to the requirements of Section 118-353(d), Miami Beach City
Code:
I hat special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures, or buildings
in the same zoning district;
That the special conditions and circumstances do not result from the action of the
applicant;
That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings, or structures in the
same zoning district;
That literal interpretation of the provisions of this Ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of this Ordinance and would work unnecessary and undue hardship on the
applicant;
That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
That the granting of the variance will be in harmony with the general intent and purpose
of this Ordinance and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare; and
That the granting of this request is consistent with the comprehensive plan and does not
reduce the levels of service as set forth in the plan.
C. The Board hereby Approves the Variance requests as noted in II.A.1 and II. A.2, and
imposes the following conditions based on its authority in Section 118-354 of the Miami
Beach City Code:
1. Substantial modifications to the plans submitted and approved as part of the
app ication, as determined by the Planning Director or designee, may require the
applicant to return to the Board for approval of the modified plans, even if the
modifications do not affect variances approved by the Board.
2. All rooftop lighting fixtures shall be designed in manner to preclude light from
spilling over to adjacent properties and the number and location of rooftop light
poles great than-tO 0t-in-height-shall be consistent with number and location
light poles shown on sheets 26 and 27 of the plans entitled "The BLVD at Lenox
as prepared by Zyscovich Architects, dated 10-24-2016, in a manner to be
reviewed and approved by staff consistent with the Design Review Criteria and/or
the directions from the Board.
Page 588 of 1802
CFN'. 20160734252 BOOK 30355 PAGE 2984
Page 6 of 8
HPB16-0059
Meeting Date: December 13, 2016
3. Approval from the public Works department shall be required in order to
construct the canopy and building projections over the public right of way facing
Lenox Avenue and the alley.
t N d ion of the board regarding variances shall be final and there shall be no further
review thereof except by resort to a court of competent jurisdiction by petition for writ of
certiorari.
III. General Terms and Conditions applying to both 'I. Certificate of Appropriateness'and
'II. Variances'noted above.
A. Where one or more parcels are unified for a single development, the property owner
shall execute and record an unity of title or a covenant in lieu of unity of title, as may be
applicable, in a form acceptable to the City Attorney.
B. Applicant agrees that in the event Code Compliance receives complaints of
unreasonably loud noise from mechanical and/or electrical equipment, and determines
the complaints to be valid, even if the equipment is operating pursuant to manufacturer
specifications, the applicant shall take such steps to mitigate the noise with noise
attenuating materials as reviewed and verified by an acoustic engineer, in a manner to
be reviewed and approved by staff consistent with the Certificate of Appropriateness
Criteria and/or the directions from the Board.
C. A copy of all pages of the recorded Final Order shall be scanned into the plans
submitted for building permit, and shall be located immediately after the front cover page
of the permit plans.
A. The Final Order shall be recorded in the Public Records of Miami-Dade County, within
30 days of the Board approval,.
•
B. Applicant shall submit revised plans pursuant to Board conditions no later than 60 days
after Board approval, as required.
C. Satisfaction of all conditions is required for the Planning Department to give its approval
on a Certificate of Occupancy; a Temporary Certificate of Occupancy or Partial
Certllftcate—a- ccupalso be conditionally granted Planning Departmental
approval.
D. 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 appropriate to modify-the
remaining conditions or impose new conditions.
E. The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successors in interest and assigns.
Page 589 of 1802
_ 'fit
CFN: 20160734252 BOOK 30355 PAGE 2985
Page 7 of 8
HPB16-0059
Meeting Date: December 13, 2016
F. 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-meterials-presented-at-the-public-hearing-which-are-pal t of the ex.ui Jfior-this
matter, and the staff report and analysis, which are adopted herein, including the staff
•
recommendations, which were amended and adopted by the Board, that the application is
GRANTED, for the above-referenced project subject to those certain conditions specified in
Paragraph I, 11,111 of the Findings of Fact, to which the applicant has agreed.
PROVIDED, the applicant shall build substantially in accordance with the plans entitled "The
BLVD at Lenox" as prepared by Zyscovich Architects, dated 10-24-2016 and plans entitled
•
"BLVD at Lenox" as prepared by Zyscovich Architects, dated 12/09/16, and as modified and
• approved by the Historic Preservation Board, as determined by staff.
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 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 Order,
have been met.
The issuance of the approval 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 forth in this Order.
If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting
• date at which the original approval was granted, the application will expire and become null and
void, unless the applicant makes an 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. If the Full Building Permit
• for the project should expire for any reason (including but not limited to construction not
commencing and continuing, with required inspections, in accordance with the applicable
_-_---Building=eodej;the=application=wiA=expire-and-becrome-Hell-and-void.
In accordance with Chapter 118 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 land development regulations of
the City Code. Failure to comply with this Order shall subject the application to Chapter 118 of
the City Code, for revocation or modification of the application.
• Dated this � 5 day of alcern6dd , 20 b
•
• HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI BEACH, FLORIDA
Page 590 of 1802 11.1
ecoli
CFN:20160734252 BOOK 30355 PAGE 2986
Page 8 of 8
HPB16-0059
Meeting Date: December 13, 2016
_
BY
DEBORAHt' KtT`f
CHIEF Oh RISTORIC"PRESERVATION
FOR THE CHAIR
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE )
T foregoing instrument was acknowledged before me this /L-i day of
ece a..r.bar 20 ,6 by Deborah Tackett, Chief of Historic Preservation,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the corporation. He is personally known to me.
MONIOUE FON$
�w tinc6MMIssIUN.ccoalsla NOTARY PUBLIC
EXPIRES $EP132020 Miami-Dade County, Floridap 0
BuIIedlhreuglOst Stale Insurance My commission expires: //I//P"�ad
Approved As To For ap / ,/
City Attorney's Office: �,/L�� % ( /0�/ l/
Filed with the Clerk of - lstoric Preservation Board on- rw ( I24!5))(0 )
FPIAN\$HPB\16HPB\12-1 0161PIna1 Orders\HP616-0059_1045 5th st.Dec 6.FO.docx
Page 591 of 1802
CITY OF MIAMI BEACH
APPLICATION FOR REVOCABLE PERMIT
FILE NO:
DATE:
1. NAME OF APPLICANT: MAC 1045 5th ST, LLC
2. APPLICANT'S ADDRESS: 1261 20th Street, Miami Beach, FL 33139
3. APPLICANT'S BUSINESS TELEPHONE: (305) 532-0433
RESIDENCE TELEPHONE:
4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: See Exhibit A
5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTTING SUBJECT CITY
PROPERTY: 1045 5th Street, 1031 5th Street, 527 Lenox Avenue, & 543 Lenox
Avenue - See Legal Description in Exhibit B
6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST?
YES X NO IF SO, WHEN: Historic Preservation Board Order HPB16-0059
on 12/13/2016 and Planning Board Orders PB16-0053 on 11/15/2016 and
P217-0152 on 9/26/2017
FILE NO. OF PREVIOUS REQUEST: HPB16-0059, PBI6-0053 and PB17-0152
7. BRIEFLY STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE PERMIT:
Request for a revocable permit to allow the partial encroachment of the City's
right-of-way of Lenox Avenue and Michigan Court by thin eyebrows, fins and
permitted signs on the exterior of the building, pursuant to HPB16-0059, PB16-
0053 and PB17-0152 (attached hereto as composite Exhibit C/. Refer to the
letter or intent for more information.
Page 592 of 1802
8. DOES THE REQUEST INVOLVE THE PLACEMENT OF OBJECTS OR STRUCTURES ON THE
SUBJECT PROPERTY? YESX NO
IF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES: Partial encroachment into the
City's right-of-way of Lenox Avenue and Michigan Court by thin eyebrows, fins
and permitted signs on the exterior of the building abutting the right-of-wag.
Refer to the Letter of Intent for more details.
9. NAME OF CONTRACTOR: Suria Yaffar, Zt scovich Architects
ADDRESS: 100 Biscayne Blvd., Suite 2700
Miami, FL 33132
BUSINESS TELEPHONE: 305-372-5222
SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITHTHIS APPLICATI ON (SECTION 82-
92, ITEMS 1 THROUGH 9).
NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPERTY UNTIL A REVOCABLE
PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED.
IT IS THE RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR TO OBTAIN THE
REQUIRED PERMITS AND INSPECTIONS FOR ALL WORK ON THE SUBJECT CITY PROPERTY. ALL
WORK MUST COMPLY WITH THE APPLICABLE CODES AND ORDINANCES.
ALL DATA SUBMITTED IN CONNECTION WITH THIS APPLICATION BECOMES A PERMANENT
PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT OF THE CITY.
Page 593 of 1802
FILE NO.
THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: 1045 5th Street, 1031 5th
Street, 527 Lenox Avenue, & 543 Lenox Avenue, MIAMI BEACH, FL.
INSTRUCTIONS:
COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT,AS APPLICABLE,ALSO,IF YOU ARE GIVING POWER OF
ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS REQUEST,COMPLETE THE LAST AFFIDAVIT.
....aaa...r.a.ax.aa.aaaaaaaa...******..rrar.+.a......******wa....a.a.......a.ra.aaa......a.r•aax ansa+*.
CORPORATION AFFIDAVIT
I, Michael Comras being duly sworn,depose and say that we are the depose and say that I am the
Manager of MAC 1045 5th ST, LLC,and as such,have been authorized by the corporation to file
this application for public hearing;that all answers to the questions in said application and all supplemental data attached to and
made a part of this application are honest and true to the best of our knowledge and belief;that said corporation is the owner of
the property described herein and which is the subject matter of the proposed hearing.
..' Notify
BRENDA J. late of
�.;;': NOQom Public•Slate a1 FloridalATTEST:
• COmmlulon Y FF 910173 SIGNATURE
• My Comm.Expires Sep 22.2019 Name: Michael Comras
S'"Z, d,A` BNIOidlliouh National Notary Assn.
Title: Manager
{//� r
Sworn o and subscribed to Wore me w'A�'L' S%C
this 4' day of August,20/
NOTARY PUBLIC Lj
.rs.a.........vaaarw.a.aa.r....«..a.aa.aa.aaa..i nay araaavaa.aaaaaaa.avvar
Commission
Expires:..*«� atyr v..f/
OWNER/POWER OF ATTORNEY AFFIDAVIT ••
I, Michael Comras being duly sworn,depose and say that we are the depose and say that l am the
Manager of MAC 1045 5th ST, LLC, owner of the described real property and that I am aware
of the nature and effect of the request for this revocable permit,relative to my property,which is hereby made by me or I am
hereby authorized Jeffrey Bercow, Michael W. Larkin, Matthew Amster and Bercow
Radell Fernandez & Larkin, PLLC to be my legal representative before the it{fofppljsfpn.
"Op"
'i BRENDA J.O'CAMPO ATTEST: ...-
SIGNATURE.`� Notary info n9 FF or 91313I0a SIGNATURE
{{{{ Commission N FF 91717] Name: Michael Comras
My Comm.Expires Sep 22,2019
�pflfit'+ Bonde0tFt NaOonal NOlxyAnn.
Title: Manager /
this oda subscribedupt2c Wore me
this day of August,2��
NOTARY PUBLIC
Commission Expires: 4�_7]l`2°111
Page 594 of 1802
EXHIBIT A
LEGAL DESCRIPTION:
A portion of the following:
Lenox Avenue lying directly adjacent to Lots 12, 13 and 14, Block 98, and the 20 foot wide Public Alley adjacent
toU
said Lot 12, Block 98, OCEAN BEACH, F . ADOmON NO. 3, according to the Plat thereof, recorded in Plat
Book 211 at Page 81, and Lennox Avenue lying directly adjacent to Lot 11, Block 98, and the 20 foot wide Public
AllPage 83,all tto b being
9. the Public RecordsofofrMamit-Dade the Plat thereof.
Florida, mrdedore plat Boarlyb at
Page g recordedinCounty. being more particularly
described as follows:
Commence at the Northwest corner of said Lot 14, the following two (2) courses being along The West line of
soid Lots 12. 13 and 14, Block 98 of Plat Book 2 at Page 81 and along the West line of said Lot 11, Black 98
of Plat Book 6 at Page 83. also being the East right of way line of Lenox Avenue; 1) thence SOOTOMORN for
3.00 teat to the Point of Beginning; 2) thence continue SOOT/COON/ for 210.00 feet to a point hereinafter
referred to as Point "A thence N 90'00'00" W for 0.96 feet; thence N 0000'00" E for 210.00 feet; thence
59000bOE for 0.96 feet to the Point of Beginning.
AND
Commence at said Point "A the following two (2) courses being along said West line of Lot II, Block 98 of
Plat Book 6 at Page 83. also being along said East right of way line at Lenox Avenue; 1) thence S0O 00b0Y1
for 13.67 feet to the Paint of Beginning; 2) thence continue S 000000" W for 63.38 feet to a point hereinafter
described as Point "B": thence N89'59'16'W for 1.92 feet; thence N0000'00"E for 5.17 feet; thence N90'00'00'W
for 0.46 feet; thence 000'00'00"E for 58.21 feet; thence S 90'00'00" E for 2.37 feet to the Point of Beginning.
AND
Commence at said Point "B"; thence 589'59'16"E along a line 10 feet North of and parallel to the South line of
said Block 98 for 150.09 feet to the Point of Beginning; thence N000O36"E along the West line of said 20 foot
wide Public Alley, also being the East line of said Lot 9, Block 98 of Plat Book 6 at Page 83 and also the East
line of said Lot 12, Block 98 of Plat Book 2 at Page 81, for 163.21 feet; thence S00'OO OOE for 0.96 feet
thence SOO'00'36'W for 163.21 feet; thence N89'59'16"W for 0.96 feet to the Point of Beginning.
SURVEYORS NOTES:
— This site lies in Section 3, Township 54 South. Range 42 East, City of Miami Beach, Miami—Dade County,
Florida.
— Bearings hereon are referred to on assumed value of N 89'59'16" W for the North right of way line of
5th Street.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles. sketch #2016-098.
— The composite area of the subject parcels is 506 Square Feet or 0.0116 acres, more or less.
— This sketch and legal description describes encroachments into the right of way of the
City of Miami Beath only, and does not contain any encroachments Into State Road A-1—A.
SURVEYORS CERTIFICATION:
I herebywas
certify that this "sketch of Description' mode under my responsible charge on October 20, 2017.
and meets the applicable codes as set forth in theFlorida Administrative Code, pursuant to Section 472.027.
Florida Statutes.
valid without-lire sign andel the original raised
seal ola Florida Licencg Survey and Mapper
C
FORTIN, LE /, SKILES" 10.,_1_b fi53,
e'. /
Daniel C. Fortin, Jr., For The Firm
Surveyor and Mapper, LS6435
- State of Florida.
Drawn By IAnp LEGAL DESCRIPTION,NOTES&CERTIFICATION) nate 10/20/17
Cad. Na. 170602 Scale NOT TO SCALE
Ref D . FORTIN, LEAVY, S KILES, INC. Job. No. 171129
2016-096 CONSULTING ENGINEERS,SURVEYORS&MAPPERS
REV. LEGAL DESCRIPPON PLOBmw CERT/FICATE OF AVMpRIZATION NImSBER:00003653 Dn. No. 1017-031-A
4' 180 Northeast I68th.Soret/NorthtBeach,Miei Be ,Florida-33161
Plotted: 8/6/18 :38pSheet 1 of 3
Phone:305-653-4493/Fax 3O3b51-1132/Email nacos. veyaem
POINT OF EXHIBIT A
I MMENCEMENT I
5LL 00'W I N.W.. CORNER Cr LOT 14 LOT 15
00' -I I-
La \
I POINT OF
BEGINNING LOT to LOTS
w' ALLEY
RIGHT Of WAY
BLOCK 98
OCEAN BEACH,FLA ADDITION NO.3 1 I—
H PLATBOOK2 PAGE 81
WA
Al LOT13 LOT4
HEST INE C
gF L915 113 At 9614
] BLOC
PLAT OO C 1 PAGE BI
DLOT 12 LB LOT 5
Z > EAST UNE
IL 3 O ROF LOT 12
BLW(9B�
AT BOOK 3
Q
PACE 81
ZGS VEST INE
OF LO9e 6 BLOCK 98 UNE PARI£
S,a OFL
PLAT BOOK 6 UNE LENGTH BEARING
I E PAH es MC GUIRES'SLBDIVISION Li now 333.°333.351PIAT BOOK PAGE B3 L2 0.96 149170,00516
POINT L3 21000 x0O00'005E
5.2 Li Sl9 B96 59 C'OC'90w
$00;3.6. b' LOT 11 LOT 10 LOT 9 16
1I 63.26 9w,00o,096i
LH I L9 L9 153.21 waw's6ww
1 POINT OF a Lm aRI5 Li OA
6.92 Nast Isw
BEGINNING BLOCK 96
PLAT BOP(6Ii m 5.17 50000'00'E
co I 112 0.40 N0Owoow
P"L"I'°B J a Lu seal 170600 LOT
LH 337 59C7ONO'E
POINT OF
L12 !Ara' BEGINNING\
ri
8 999
L1OBL i_I____JL10A L_____
N89'39'16'W
ISC
N
OF OTH SOF WEET OF tpE `N 90 8 G
1 STATE ROAD A-1-A It
5TH STREET se7561et
160'PUBLIC RIGHT OF WAIN
ul r
IR GRAPHIC SCALE
N M N
— — — \illi Iiirt I `J IIS/'
`.... Lurch�BITK /'
Drawn By MAPf SKETCH OF DESCRIPTION Date 10/20/17
Cad. No. 170602 scale 1•=40'
Ret Dwg. K 2018-098 FORTIN, LEAVY, SLES, INC. lob. Nd. 171129
CONSULTING ENGINEERS,SURVEYORS&MAPPERS
REV. LEGAL DESCRIPTION FLmamA 6me 'L'e OF AUTTOIUZAaoM*amen:00005653 DWg. N0. 1017-031—A
(Jotted: 8/6/18 4:30 180 Nonheea.169m Sweet/Nor'Miami H.wh.Florida.33162
P _ Fina6:5w-as9s.5927 Fe aco...�G,iti 002"1 Ill anm.e2.6em sheet 2 of 3
BM St
7th 57
5I^ St
°916-Si
dn II
�pcPt03s, EssT .YF Sa
Ol Ili
11111 lam
Drawn By MAr LOCATION SKETCH 1 nate 6/2o/17
Ced. No. 170602 Scale NOT TO SCALE
Ref Dwg. FORTIN, LEAVY, S KILES, INC. ,ran. N6. 170602
2016-098 CONSULTING ENGINEERS,SURVEYORS&MAPPERS
REV. LEGAL DESCRIPPONCERTIFICATE AvrnoR¢Ana+NI4lmen:00003653 Dwa. No. 1017-031-2
FLORIDAIr5.onmw Beach.Florida 33
6162
Plotted: 8/6/18 4:38p 3 e:�05- 6535-4493/ ',knit,.rawaofrtla C53/Em4r n�uaeurvey.com , Sheet 3 of 3
EXHIBIT B
LEGAL DESCRIPTION:
Lots 9, 10 and 11 less the South 10.00 feet thereof, Block 98, MCGUIRES' SUBDIVISION,
according to the Plot thereof. as recorded in Plat Book 6 at Page 83 and Lots 12. 13 and
14, Block 98, OCEAN BEACH, FIA. ADO ON NO. 3, according to the Plat thereof, at
recorded in Plat Book 2 at Rage 81, all being of the Public Records of Miomi—Dade County,
Florida,
Page 598 of 1802
Exhibit C
CFN:20170035057 BOOK 30390 PAGE 3198
DATE:01/20/2017 03:12:05 PM
HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY
PLANNING BOARD
CITY OF MIAMI BEACH, FLORIDA
PROPERTY: 1045 5T"Street
�IL�NO: PB16--0053
IN RE: The applicants, MAC 1045 5th Street, LLC, and MAC 1031 5th Street,
LLC, requested Conditional Use approval for the construction of a new 4-
story commercial development exceeding 50,000 square feet, including a
parking garage, pursuant to Chapter 142, Article II and Chapter 118,
Article IV of the City Code.
LEGAL
DESCRIPTION: (Parcel 1) 1031 57" Street
LOTS 9, BLOCK 98, MCGUIRE'S SUBDIVISION BEING A
RESUBDIVISION OF LOTS 6, 7, 8, 9, 10, AND 11, BLOCK 98 OF
OCEAN BEACH ADDITION NUMBER 3, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 6, PAGE 83, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
and
(Parcel 2) 1045 5th Street
LOTS 12, THROUGH 14, INCLUSIVE, BLOCK 98, OF OCEAN BEACH,
FLORIDA ADDITION NUMBER 3, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 2, PAGE 81, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
LOTS 10 AND 11, OF MCGUIRE'S RESUBDIVISION OF LOTS 6
THROUGH 11, BLOCK 98 OF OCEAN BEACH, FLORIDA ADDITION
NUMBER 3, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 6, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
MEETING DATE: November 15, 2016
CONDITIONAL USE PERMIT
The applicants, MAC 1045 5th Street, LLC, and MAC 1031 5th Street, LLC, filed an application
for Conditional Use approval for the construction of a new 4-story commercial development
exceeding 50,000 square feet, including a parking garage, pursuant to Chapter 142, Article II
and Chapter 118, Article IV of the City Code. Notice of the request for Conditional Use was
Page 599 of 1802
CFN:20170035057 BOOK 30390 PAGE 3199
PB No. PB16-0053-1045 5th Street
Page 2 of 6
given as required by law and mailed out to owners of property within a distance of 375 feet of
the exterior limits of the property, upon which the application was made.
The Planning Board of the City of Miami Beach 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:
That the property in question is located in the Commercial Performance Standards
District, General Mixed-Use Commercial (C-PS2);
That the intended Use or construction will not result in an impact that will exceed the
thresholds for the levels of service as set forth in the Comprehensive Plan;
That structures and Uses associated with the request are consistent with the City Code;
That the public health, safety, morals, and general welfare will not be adversely affected;
That necessary safeguards will be provided for the protection of surrounding property,
persons, and neighborhood values if the following conditions are met.
IT IS THEREFORE 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 is adopted herein, including the
—staff_recornmendations whichsvere-amended-by-the-Board;that-the-Conditional-Use-Permit-es
requested and set forth above be GRANTED, subject to the following conditions to which the
applicant has agreed:
1. This Conditional Use Permit Is issued to MAC 1045 5th Street, LLC, and MAC 1031 5th
Street, LLC, as the applicant and owner of the property. Any change of operator or 50%
(fifty percent) or more stock ownership, partnership interest, or the equivalent, shall
require review and approval by the Planning Board as a modification to this Conditional
Use Permit. Subsequent owners and operators shall be required to appear before the
Board to affirm their understanding of the conditions listed herein.
2. Where one or more parcels are unified for a single development, the property owner
shall execute and record a unity of title or a covenant in lieu of unity of title, as may be
applicable,_in_a_form_acceptable-to-the-City-AttorneyFpdoFto-the-issuance-of-a-h ilding ._.—
permit.
3. A Construction Parking and Traffic Management Plan (CPTMP) shall be approved by the
Parking Director pursuant to Chapter 106, Article II, Division 3 of the City Code, prior to
the issuance of a Building Permit.
4. The plans shall-be revised to ensure compliance with the Land Development
Regulations prior to obtaining a building permit.
5. Prior to the issuance of a building permit for the project, the applicant shall submit an
operational plan and narrative for the operation the parking garage. This operational plan
len
Page 600 of 1802
CFN:20170035057 BOOK 30390 PAGE 3200
P8 No. P816-0053—1045 5th Street
Page 3 of 6
and narrative shall be subject to the review and approval of staff and, at a minimum,
shall satisfy the following:
a) That the garage may be in operation 24 hours per day, seven days a week, as
proposed by the applicant.
b) There shall he monitoring of the.garage-duringalLhaurs-of-operation
c) Warning signs prohibiting horn honking or car alarm sounding shall be posted
prominently in a location, subject to the review and approval of staff.
6. The following shall apply to the operation of the entire facility:
a) All trash containers shall utilize rubber wheels, or the path for the trash
containers shall consist of a surface finish that reduces noise, in a manner to be
reviewed and approved by staff.
b) Adequate air-conditioned and noise baffled trash room space shall be provided,
in a manner to be approved by the Planning staff. Doors shall remain closed and
• secured when not in active use.
c) Trash dumpster covers shall be closed at all times except when in active use.
d) Delivery trucks shall not be allowed to idle in loading areas or in the alley.
e) Trash pick-ups and deliveries shall only take place between 5:00 AM and 6:00
PM on Mondays through Fridays; and 10:00 AM and 6:00 PM on Saturdays and
Sundays.
0 Except as may be required for security, fire or building code/Life Safety Code
purposes, no speakers affixed to or otherwise located on the exterior of the
building shall be permitted.
7. Prior to the issuance of any Building Permit for the project, the applicant shall address
the following Concurrency, Traffic and Parking requirements:
a) There shall be sufficient area queuing in the entrance ramps to accommodate
anticipated—traffic—without=exteeding=onto-Lenox-Avenue,_prior_to--awzbiele'-s --
arrival at an entry gate.
b) The applicant shall comply with mitigation measures as may be deemed
•
necessary by the City as a result of the traffic study peer review process, prior to
any retail tenant obtaining a Business Tax Receipt.
c) A mountable curb shall be utilized for vehicles to enter the building to improve
pedestrian flow along Lenox Avenue, in a manner to be reviewed and approved by
staff.
d) A Method of Transportation (MOT), as applicable, shall be submitted to Public
1
Page 601 of 1802
CFN:20170035057 BOOK 30390 PAGE 3201
PB No.PB16-0053—1045 Sth Street
Page 4 of 6
Works Department staff for review and approval prior to the issuance of a
building permit. The MOT shall address any traffic flow disruption due to
construction activity on the site.
e) If applicable, the applicant shall participate in a Transportation Concurrency
Management Area Plan (TCMA Plan), if deemed necessary, by paying its fair
share cost as may be determined—as—determined—by_the Gorcurrency
Management Division.
f) A final concurrency determination shall be conducted prior to the issuance of a
Building Permit. Mitigation fees and concurrency administrative costs, if required,
shall be paid prior to the issuance of any Building Permit.
g) Prior to the issuance of a Building Permit, calculations for required parking for the
project shall be determined by the Planning Department. A final determination
for the required parking shall be conducted prior to the issuance of a Certificate
of Occupancy or Business Tax Receipt, whichever comes first. If required, a one-
time fee in lieu of providing the required parking on site or in combination with an
annual fee, as determined by staff, shall be paid prior to the issuance of the
Certificate of Occupancy.
h) The applicant shall provide 40 short-term bicycle parking spaces on the site that
are available to customers and employees on the site, in a manner to be
reviewed and approved by staff.
i) The applicant shall provide transit information to the public, including route
schedules and maps within the lobby of the building in a manner to be reviewed
and approved by the Transportation Department.
j) The driveway shall be designed and signed for a right turn-in and right turn-out
only, in a manner to be reviewed and approved by staff.
k) A Transportation Demand Management Plan (TDM) shall be provided for review
and approval of the Transportation Department prior to the issuance of a building
permit for the interior build-out of individual tenant spaces.
8. The Planning Board shall retain the right to call the owner or operator, both now and in
._the-futurerback-before-the-Rnard-and-medify_this-GnnditionalJlse-shculddherebe-ualid .—
complaints or violations (as determined by Code Compliance) about loud, excessive,
unnecessary, or unusual noise related to parking or loading operations.
9. The applicant, operator and/or owner, both now and in the future, shall abide by all the
documents and statements submitted with this application, as well as all conditions of
this Order.
10. The Planning Board shall maintain jurisdiction of this Conditional Use Permit. The
applicant shall appear before the Planning Board for a progress report within 180 days
from the time 75% of the commercial space is in operation. The progress report shall
include, but not be limited to, updated information on traffic conditions surrounding the
tydi
Page 602 of 1802
CFN:20170035057 BOOK 30390 PAGE 3202
PB No.PB16-0053-1045?Street
Page 5 of 6
site. The Board reserves the right to modify the Conditional Use approval at the time of
a progress report in a non-substantive manner, to impose additional conditions to
address possible problems and to determine the timing and need for future progress
reports. This Conditional Use is also subject to modification or revocation under City
Code Sec. 118-194 (c).
11. The conditions of approval for this Cnnditinnal Ilce Rernitarabinding on-fheapplicant,
the property owners, operators, and all successors in interest and assigns. Any
substantial modifications to the plans submitted and approved as part of this application,
as determined by the Planning Director or designee, may require the applicant to return
to the Board for approval of the modified plans.
12. The applicant shall resolve all outstanding violations and fines on the property, if any,
prior to the issuance of a building permit for the project.
13. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami Beach,
Florida (a/k/a "noise ordinance"), as may be amended from time to time, shall be
deemed a violation of this Conditional Use Permit and subject to the remedies as
described in section 118-194, of the City Code.
14. This 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---- --- - - — -- ---- - --
15. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to
the issuance of a Building Permit.
16. The establishment and operation of this Conditional Use shall comply with all the
aforementioned conditions of approval; non-compliance shall constitute a violation of the
City Code, and shall be subject to enforcement procedures set forth in Section 114-8 of
the Code and such other enforcement procedures as are permitted by law. Any failure
by the applicant to comply with the conditions of this Order shall also constitute a basis
for consideration by the Planning Board for a revocation of this Conditional Use.
17. Nothing in this order authorizes a violation of the City Code or other applicable law, nor
.- - allows_a-relaxation-of-any-requirement-or-standarsiset-forth=ia_the-City_Gnde.
18. As voluntarily proffered by the Applicant, no more than fifty percent (50%) of the ground
floor may be aggregated with the second floor for a single tenant, unless otherwise
approved by the Planning Board at a public hearing.
19. As voluntarily proffered by the Applicant, a minimum of three (3) -separate retail
_._ . -
establishments shall be located on the ground floor facing 51h Street, unless otherwise
approvedbythe Planning Board at a public hearing.
14.
Dated this / 7 day of J A/lVAe7 , 2017.
Page 603 of 1802
CFN:20170035057 BOOK 30390 PAGE 3203
PB No. PB16-0053-1045 5th Street
Page 6 of 6
PLANNING BOARD OF THE
CITY OF MIAMI BEACH, FLORIDA
BY: �� Of
iaBelushrRanning-and-Ze
el -Manager
For Chairman
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
sh
The foregoing instrument was acknowledged before me this // day of
e_co-n-vec ri`` ,4t./-} , by Michael Belush, Planning and Zoning Manager of the City
of Miami Beach, Fonda, a Florida Municipal Corporation, on behalf of the corporation. He is
personally known to me.
MONIOUE FONS Ota
%'` tifpMQUE CaAttl
n MY aGG031914 Print Name
--------- - - --- �- WIRES-Wig:2ee6-----Notary-PublirState-afPlonda _
Bonded mauyn1st s�eto msur���=e My Commission Expires: see. IR O.16a-O
{NOTARIAL SEAL] Commission Number:
g
Approved To For
Le ( !"'"'r— '('cit
Legal Department /� p� 7
Filed with the Clerk o e Planning Board on I//q/z // ( # )
F:\PLAN\$PLB@016\11-15-16\PB16-0053 1045 5th Street-The BLVD\PB16-0053-1045 5th St-The BLVD-Order 11-15-16.doc
10
Page 604 of 1802
CFN:20160734252 BOOK 30355 PAGE 2979
DATE:12/21/2016 03:33:03 PM
HARVEY RUVIN,CLERK OF COURT, MIA-DADE CTY
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: December 13, 2016
FILE NO: HPB16-0059
PROPERTY: 1045 5th Street, 1031 5th Street, 527 Lenox Avenue& 543 Lenox Avenue
APPLICANT: MAC 1045 5'h Street, LLC& MAC 1031 5th Street, LLC
LEGAL: Parcel 1: Lot 9, Block 98 of MCGUIRE'S SUBDIVISION being a
resubdivision of Lots 6, 7, 8, 9, 10, 11, Block 98 of OCEAN BEACH
ADDITION NO.3 according to the plat thereof recorded in Plat Book 6,
Page 83 of the public records of Miami Dade County, Florida.
Parcel 2: Lots 12 through 14, inclusive, Block 98 of OCEAN BEACH
ADDITION NO. 3, according to the plat thereof recorded in Plat Book 6,
Page 83 of the public records of Miami Dade County, Florida.
Lots 10 and 11 of MCGUIRE'S SUBDIVISION of Lots 6 through 11, Block
98 of OCEAN BEACH ADDITION NO. 3, according to the plat thereof
recorded in Plat Book 6, Page 83 of the public records of Miami Dade
County, Florida.
IN RE: The application for a Certificate of Appropriateness for the total demolition
of two 'Non-Contributing' buildings and for the design of a new 4-story
commercial building, including variances to exceed the maximum permitted
building height and to eliminate the open court requirement.
ORDER
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:
I. Certificate of Appropriateness
— ------ -- ftT-ne-sG6je—ctite-is-located within-the-OcearrBeaah-toaaPNtstoric Ui&tfi&-
B. 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:
_---- --_. .1. Is consistent with the Certificate-of-Appropriateness Criteria in Section-1.18-564(a)(1)
of the Miami Beach Code.
2. Is consistent with Certificate of Appropriateness Criteria in Section 118-564(a)(2) of
the Miami Beach Code.
3. Is not consistent with Certificate of Appropriateness Criteria 'a', 'b', 'e' & 'f' in Section
118-564(a)(3) of the Miami Beach Code.
Page 605 of 1802
cs
CFN:20160734252 BOOK 30355 PAGE 2980
Page 2 of 8
HPB16-0059
Meeting Date: December 13, 2016
4. Is not consistent with Certificate of Appropriateness Criteria 'a-e' for Demolition in
Section 118-564(0(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 elevations, site plan and floor plan drawings shall be submitted and, at a
minimum, such drawings shall incorporate the following:
a. The design for the North elevation shall be consistent with the revised sheets 26,
• 49 and 50 submitted by the Applicant to the Board on December 13, 2016,
entitled "BLVD at Lenox" as prepared by Zyscovich Architects, dated 12/09/16, in
a manner to be reviewed and approved by staff consistent with the Certificate of
Appropriateness Criteriaand/or the directions from the Board.
b. The ground floor shall be setback a minimum of 12" from the Lenox Avenue
property line in order to increase the Lenox Avenue sidewalk to a minimum of
10'-6" in width, in a manner to be reviewed and approved by staff consistent with
the Certificate of Appropriateness Criteria and/or the directions from the Board.
c. Final details of all exterior surface finishes and materials, including samples, shall
be submitted, 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. 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. Lighting shall be
designed in a manner to not have an adverse overwhelming impact upon the
surrounding historic district.
e. The internal garage lighting shall be shielded to inhibit direct views of all internal
light sources from either the street or adjacent properties, in a manner to be
reviewed and approved by staff consistent with the Certificate of Appropriateness
Criteria and/or the directions from the Board.
f. All kitchen venting and other venting shall be chased to the roof and venting
systems shall be employed as necessary to minimize or dissipate smoke, fumes
and odors, in a manner to be reviewed and approved by staff consistent with the
Certificate of Appropriateness Criteria and/or the directions from the Board.
g. All building signage shall require a separate-permit—A-uniform-sign plan for the
new building shall be required. Signage shall consist of reverse channel, back-lit
letters, in a manner to be approved by staff consistent with the Certificate of
Appropriateness Criteria and/or the directions from the Board.
h. 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
Page 606 of 1802
CFN:20160734252 BOOK 30355 PAGE 2981
Page 3 of 8
HPB16-0059
Meeting Date: December 13, 2016
vault rooms, and all other related devices and fixtures, shall not be provided
within the interior of the building, in a manner to be reviewed and approved by
staff consistent with the Certificate of Appropriateness Criteria and/or the
directions from the Board.
i. 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, 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. In the event that the City Commission renames or co-names 51" Street as "Miami
Beach Boulevard", the Applicant shall provide a bronze plaque, which includes a
brief biography of former City of Miami Beach Mayor John H. Levi, at the
property, in a manner to be reviewed and approved by staff, consistent with the
Certificate of Appropriateness Criteria and/or the directions from the Board.
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. Prior to the issuance of a building permit, the applicant shall submit a tree
protection plan for all trees to be retained on site. Such plan shall be subject to
the review and approval of staff, and shall include, but not be limited to a sturdy
tree protection fence installed at the dripline of the trees prior to any
construction.
b. In order to identify, protect and preserve mature trees on site, which are
suitable for retention and relocation, a Tree Report prepared by a Certified Tree
Arborist shall be submitted for the mature trees on site.
c. Any tree identified to be in good overall condition shall be retained, and
protected in their current location if they are not in cnnflict_withibe_proposed
garage, or they shall be relocated on site, if determined feasible, subject to the
review and approval of staff. A tree care and watering plan also prepared by a
Certified Arborist shall be submitted prior to the issuance of a Building Permit
or Tree Removal/Relocation Permit. Subsequent to any approved relocation, a
monthly report prepared by a Certified Arborist shall be provided to staff
describing the overall tree performance and adjustments to the maintenance
• plan,
d. Within 6 months of BTRs being issued for at least 75% of the retail areas, the
applicant shall prepare a bicycle use analysis for the property to determine if
additional bicycle racks are needed and, if warranted, install up to an additional
6 city-wide standard bicycle racks subject to the review and approval of staff.
Page 607 of 1802
CFN:20160734252 BOOK 30355 PAGE 2982
Page 4 of 8
HPB16-0059
Meeting Date: December 13, 2016
e. Canopy shade street trees shall be required within the sidewalk along Lenox
Avenue and 5`h Street, spaced approximately 20'-0" on center if not in conflict
with existing utilities, in a manner to be reviewed and approved by the Public
Works Department.
f. 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.
g. The utilization of root barriers and/or Silva Cells, as applicable, shall be clearly
delineated on the revised landscape plan.
h. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all backflow prevention devices. Backflow prevention devices shall
not be permitted within any required yard or any area fronting a street or
sidewalk, unless otherwise permitted by the Land Development Regulations.
The location of all backflow prevention devices, and how they are screened
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 post-
indicator valves (PIV), fire department connections (FDC) and all other related
devices and fixtures, which shall be clearly indicated on the site and landscape
plans.
In accordance with Section 118-537, the applicant, the owner(s) of the subject property,
the City Manager, Miami Design Preservation League, Dade Heritage Trust, or an affected
person may appeal the Board's decision on a Certificate of Appropriateness to a special
master appointed by the City Commission.
II. Variance(s)
A. The applicant filed an application with the Planning Department for the following
variance(s), which were either approved by the Board with modifications, or denied
(Underlying denotes new language and striketMeugh denotes stricken language):
-- --- 17----A-vananae-to-ensued-by244"-the maximum allowed-wilding heigFt of3D-0"-in--
order to construct a new 4-story commercial building up to 52'-1" as measured
from 13.0' NGVD,
2. A variance to eliminate the requirement to provide an open court area at the front
of the property, in order to construct a new 4-story commercial building without
an-open court along 5`" Street - - - - - ---- -
B. The applicant has submitted plans and documents with the application that satisfy Article
1, Section 2 of the Related Special Acts, allowing the granting of a variance if the Board
finds that practical difficulties exist with respect to implementing the proposed project at
the subject property.
Page 608 of 1802
CFN:20160734252 BOOK 30355 PAGE 2983
Page 5 of 8
HPB16-0059
Meeting Date: December 13, 2016
The applicant has submitted plans and documents with the application that also indicate
the following, as they relate to the requirements of Section 118-353(d), Miami Beach City
Code:
I hat special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures, or buildings
in the same zoning district;
That the special conditions and circumstances do not result from the action of the
applicant;
That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings, or structures in the
same zoning district;
That literal interpretation of the provisions of this Ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of this Ordinance and would work unnecessary and undue hardship on the
applicant;
That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
That the granting of the variance will be in harmony with the general intent and purpose
of this Ordinance and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare; and
That the granting of this request is consistent with the comprehensive plan and does not
reduce the levels of service as set forth in the plan.
C. The Board hereby Approves the Variance requests as noted in II.A.1 and II. AZ and
imposes the following conditions based on its authority in Section 118-354 of the Miami
Beach City Code:
1. Substantial modifications to the plans submitted and approved as part of the
- — ---application, as determined by the Planning Director or designee, may require the
applicant to return to the Board for approval of the modified plans, even if the
modifications do not affect variances approved by the Board.
2. All rooftop lighting fixtures shall be designed in manner to preclude light from
spilling over to adjacent properties and the number and location of rooftop light
- - -----poles-great-than 10'-0" in height shall be consistent with number and location
light poles shown on sheets 26 and 27 of the plans entitled "The BLVD at Lenox'
as prepared by Zyscovich Architects, dated 10-24-2016, in a manner to be
reviewed and approved by staff consistent with the Design Review Criteria and/or
the directions from the Board.
Page 609 of 1802
CFN:20160734252 BOOK 30355 PAGE 2984
Page 6 of 8
HPB16-0059
Meeting Date: December 13, 2016
3. Approval from the public Works department shall be required in order to
construct the canopy and building projections over the public right of way facing
Lenox Avenue and the alley.
the decision orthrlibTrfi regarding variances shall be final and there shall be no further
review thereof except by resort to a court of competent jurisdiction by petition for writ of
certiorari.
III. General Terms and Conditions applying to both 'I. Certificate of Appropriateness'and
Variances'noted above.
A. Where one or more parcels are unified for a single development, the property owner
shall execute and record an unity of title or a covenant in lieu of unity of title, as may be
applicable, in a form acceptable to the City Attorney.
B. Applicant agrees that in the event Code Compliance receives complaints of
unreasonably bud noise from mechanical and/or electrical equipment, and determines
the complaints to be valid, even if the equipment is operating pursuant to manufacturer
specifications, the applicant shall take such steps to mitigate the noise with noise
attenuating materials as reviewed and verified by an acoustic engineer, in a manner to
be reviewed and approved by staff consistent with the Certificate of Appropriateness
Criteria and/or the directions from the Board.
C. A copy of all pages of the recorded Final Order shall be scanned into the plans
submitted for building permit, and shall be located immediately after the front cover page
of the permit plans.
A. The Final Order shall be recorded in the Public Records of Miami-Dade County, within
30 days of the Board approval.
B. Applicant shall submit revised plans pursuant to Board conditions no later than 60 days
after Board approval, as required.
C. Satisfaction of all conditions is required for the Planning Department to give its approval
on a Certificate of Occupancy; a Temporary Certificate of Occupancy or Partial
---_- - —Certificate—of—Occupancy may ai be condi If�ly granted Planning Departmental
approval.
D. 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.
E. The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successors in interest and assigns.
Page 610 of 1802 0
CFN:20160734252 BOOK 30355 PAGE 2985
• Page 7 of 8
HPB16-0059
Meeting Date: December 13, 2016
F. 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,
test{meny-and-materiels-presented-at-the-public-hearing-which aye part-of-the-record-for-this
matter, and the staff report and analysis, which are adopted herein, including the staff
recommendations, which were amended and adopted by the Board, that the application is
GRANTED, for the above-referenced project subject to those certain conditions specified in
Paragraph I, 11,111 of the Findings of Fact, to which the applicant has agreed.
PROVIDED, the applicant shall build substantially in accordance with the plans entitled "The
BLVD at Lenox" as prepared by Zyscovich Architects, dated 10-24-2016 and plans entitled
"BLVD at Lenox" as prepared by Zyscovich Architects, dated 12/09/16, and as modified and
• approved by the Historic Preservation Board, as determined by staff.
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 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 Order,
have been met.
The issuance of the approval 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 forth in this Order.
If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting
date at which the original approval was granted, the application will expire and become null and
void, unless the applicant makes an 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. If the Full Building Permit
for the project 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) tha=app/kation=wiltrexpire-andTreeeme-nuland-void. — —
In accordance with Chapter 118 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 land development regulations of
the City Code. Failure to comply with this Order shall subject the application to Chapter 118 of
the City Code, for revocation or modification of the application.
••
Dated this day of D7cemfxe 20 4
HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI BEACH, FLORIDA
Page 611 of 1802 .j
CG
CFN. 20160734252 BOOK 30355 PAGE 2986
Page 8 of 8
HPB16-0059
Meeting Date: December 13, 2016
BY.
DEBORAH f' K
CHIEF OF RTSTOR1CPRESERVATIDN
FOR THE CHAIR
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
TI}, foregoing instrument was acknowledged before me this �� day of
P cx yv.br r 20/6 by Deborah Tackett, Chief of Historic Preservation,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the corporation. He is personally known to me.
MONIOOE EONS
W, MYCOMMISSIONANG031914 NOTARY PUBLIC
EXPIRES SEP 19,2020 Miami-Dade County, Florida
SonoodmmughtelslaleIsurance My commission expires: 9A946e20
Approved As To For al w 4 ( /��1�
City Attorney's Office: And LII../ !f )
,
Filed with the Clerk of - , istoric Preservation Board om Lr a ♦A r ( I R-��5))(e )
F:\PLAN\$RPB116HPB\52.1' 0161FInal Orders\HPB16-0059_10455th St.Dec.FO.docx, ,
Page 612 of 1802 4
CFN:20170568877 BOOK 30712 PAGE 1243
DATE.10/10/2017 0428:38 PM
HARVEY RUVIN,CLERK OF COURT,MIA-DACE CTY
PLANNING BOARD
CITY OF MIAMI BEACH, FLORIDA
PROPERTY: 1045 5111 Street
FILE NO: PB16-0053, PB17-0152
IN RE: The applicant, MAC 1045 5th Street, LLC, requested modifications to a
previously issued Conditional Use Permit for the construction of a 4-story
commercial development exceeding 50,000 square feet, including a
parking garage. Specifically, the applicants are requesting to modify the
previously approved garage access and increase the retail area, pursuant
to Chapter 142, Article II and Chapter 118, Article IV of the City Code.
LEGAL
DESCRIPTION: See "Exhibit A"
MEETING DATE: November 15, 2016, September 26, 2017
MODIFIED CONDITIONAL USE PERMIT
The applicant, MAC 1045 5th Street, LLC, filed an application for modifications to a Conditional
Use approval for the construction of a new 4-story commercial development exceeding 50,000
square feet, including a parking garage, pursuant to Chapter 142, Article II and Chapter 118,
Article IV of the City Code. Notice of the request for Conditional Use was given as required by
law and mailed out to owners of property within a distance of 375 feet of the exterior limits of the
property, upon which the application was made.
The Planning Board of the City of Miami Beach 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:
That the property in question is located in the Commercial Performance Standards
District, General Mixed-Use Commercial (C-PS2);
That the intended Use or construction will not result in an impact that will exceed the
thresholds for the levels of service as set forth in the Comprehensive Plan;
That structures and Uses associated with the request are consistent with the City Code;
That the public health, safety, morals, and general welfare will not be adversely affected;
That necessary safeguards will be provided for the protection of surrounding property,
persons, and neighborhood values if the following conditions are met.
Page 613 of 1802 iuylp
CEN:20170568877 BOOK 30712 PAGE 1244
PB 17-0152,P816-0053-1045 5'5 Street
Page 2 of 7
IT IS THEREFORE 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 is adopted herein, including the
staff recommendations which were amended by the Board, that the Conditional Use Permit as
requested and set forth above be GRANTED, subject to the following conditions to which the
applicant has agreed. Underlining denotes added language, and stciket cough denotes stricken
language from the November 15, 2016 Conditional Use Permit:
1. This Conditional Use Permit is issued to MAC 1045 5th Street, LLC, as the applicant and
owner of the property. Any change of operator or 50% (fifty percent) or more stock
ownership, partnership interest, or the equivalent, shall require review and approval by
the Planning Board as a modification to this Conditional Use Permit. Subsequent
owners and operators shall be required to appear before the Board to affirm their
understanding of the conditions listed herein.
2. Where one or more parcels are unified for a single development, the property owner
shall execute and record a unity of title or a covenant in lieu of unity of title, as may be
applicable, in a form acceptable to the City Attorney, prior to the issuance of a building
permit.
3. A Construction Parking and Traffic Management Plan (CPTMP) shall be approved by the
Parking Director pursuant to Chapter 106, Article H, Division 3 of the City Code, prior to
the issuance of a Building Permit.
4. The plans shall be revised to ensure compliance with the Land Development
Regulations prior to obtaining a building permit.
5. A revised streetscape plan for Lenox Avenue, prepared by a professional Landscape
Architect, registered in the State of Florida, shall be submitted to and subject to the
review and approval of staff, prior to the issuance of a permit for the reconfiguration of
the garage access and removal of the Lenox Avenue landscape median. If approved by
the Public Works and Transportation Departments, one of the north travel lanes shall be
eliminated and the sidewalk adjacent to the subject property widened, in a manner to be
approved by staff.
6. Prior to the issuance of a building permit for the project, the applicant shall submit an
operational plan and narrative for the operation the parking garage.This operational plan
and narrative shall be subject to the review and approval of staff and, at a minimum,
shall satisfy the following:
a) That the garage may be in operation 24 hours per day, seven days a week, as
proposed by the applicant.
b) There shall be monitoring of the garage during all hours of operation.
c) Warning signs prohibiting horn honking or car alarm sounding shall be posted
prominently in a location, subject to the review and approval of staff.
Page 614 of 1802 1
CFN: 20170568877 BOOK 30712 PAGE 1245
PB 17-0152,P816-0053—1045 5`"Street
Page 3 of7
7. The following shall apply to the operation of the entire facility:
a) All trash containers shall utilize rubber wheels, or the path for the trash
containers shall consist of a surface finish that reduces noise, in a manner to be
reviewed and approved by staff.
b) Adequate air-conditioned and noise baffled trash room space shall be provided,
in a manner to be approved by the Planning staff. Doors shall remain closed and
secured when not in active use.
c) Trash dumpster covers shall be closed at all times except when in active use.
d) Delivery trucks shall not be allowed to idle in loading areas or in the alley.
e) Trash pick-ups and deliveries shall only take place between 8:00 AM and 6:00
PM on Mondays through Fridays; and 10:00 AM and 6:00 PM on Saturdays and
Sundays.
f) Except as may be required for security, fire or building code/Life Safety Code
purposes, no speakers affixed to or otherwise located on the exterior of the
building shall be permitted.
8. Prior to the issuance of any Building Permit for the project, the applicant shall address
the following Concurrency, Traffic and Parking requirements:
a) There shall be sufficient area queuing in the entrance ramps to accommodate
anticipated traffic without extending onto Lenox Avenue, prior to a vehicle's
arrival at an entry gate.
b) The applicant shall comply with mitigation measures as may be deemed
necessary by the City as a result of the traffic study peer review process, prior to
any retail tenant obtaining a Business Tax Receipt.
c) A mountable curb shall be utilized for vehicles to enter the building to improve
pedestrian flow along Lenox Avenue, in a manner to be reviewed and approved by
staff.
d) A Method of Transportation (MOT), as applicable, shall be submitted to Public
Works Department staff for review and approval prior to the issuance of a
building permit. The MOT shall address any traffic flow disruption due to
construction activity on the site.
e) If applicable, the applicant shall participate in a Transportation Concurrency
Management Area Plan (TCMA Plan), if deemed necessary, by paying its fair
share cost, as may be determined as determined by the Concurrency
Management Division.
Page 615 of 1802
CFN:20170568877 BOOK 30712 PAGE 1246
PB 17-0152, PB16-0053—1045 5`b Street
Page 4 of 7
f) A final concurrency determination shall be conducted prior to the issuance of a
Building Permit. Mitigation fees and concurrency administrative costs, if required,
shall be paid prior to the issuance of any Building Permit.
g) Prior to the issuance of a Building Permit, calculations for required parking for the
project shall be determined by the Planning Department. A final determination
for the required parking shall be conducted prior to the issuance of a Certificate
of Occupancy or Business Tax Receipt, whichever comes first. If required, a one-
time fee in lieu of providing the required parking on site or in combination with an
annual fee, as determined by staff, shall be paid prior to the issuance of the
Certificate of Occupancy.
h) The applicant shall provide 40 short-term bicycle parking spaces on the site that
are available to customers and employees on the site, in a manner to be
reviewed and approved by staff.
i) The applicant shall provide transit information to the public, including route
schedules and maps within the lobby of the building in a manner to be reviewed
and approved by the Transportation Department.
j) The driveway shall be designed and signed for a right turn-inleft turn-in and right
turn-out only, in a manner to be reviewed and approved by staff.
k) A Transportation Demand Management Plan (TDM) shall be provided for review
and approval of the Transportation Department prior to the issuance of a building
permit for the interior build-out of individual tenant spaces.
9. The Planning Board shall retain the right to call the owner or operator, both now and in
the future, back before the Board and modify this Conditional Use should there be valid
complaints or violations (as determined by Code Compliance) about loud, excessive,
unnecessary, or unusual noise related to parking or loading operations.
10. The applicant, operator and/or owner, both now and in the future, shall abide by all the
documents and statements submitted with this application, as well as all conditions of
this Order
11. The Planning Board shall maintain jurisdiction of this Conditional Use Permit. The
applicant shall appear before the Planning Board for a progress report within 180 days
from the time 75% of the commercial space is in operation. The progress report shall
include, but not be limited to, updated information on traffic conditions surrounding the
site. The Board reserves the right to modify the Conditional Use approval at the time of
a progress report in a non-substantive manner, to impose additional conditions to
address possible problems and to determine the timing and need for future progress
reports. This Conditional Use is also subject to modification or revocation under City
Code Sec. 118-194(c).
Page 616 of 1802
CEN'.20170568877 BOOK 30712 PAGE 1247
PB 17-0152, PB16-0053-1045 5`"Street
Page 5 of 7
12. The conditions of approval for this Conditional Use Permit are binding on the applicant,
the property owners, operators, and all successors in interest and assigns. Any
substantial modifications to the plans submitted and approved as part of this application,
as determined by the Planning Director or designee, may require the applicant to return
to the Board for approval of the modified plans.
13. The applicant shall resolve all outstanding violations and fines on the property, if any,
prior to the issuance of a building permit for the project.
14. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami Beach,
Florida (a/k/a "noise ordinance"), as may be amended from time to time, shall be
deemed a violation of this Conditional Use Permit and subject to the remedies as
described in section 118-194, of the City Code.
15. This 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.
16. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to
the issuance of a Building Permit.
17. The establishment and operation of this Conditional Use shall comply with all the
aforementioned conditions of approval; non-compliance shall constitute a violation of the
City Code, and shall be subject to enforcement procedures set forth in Section 114-8 of
the Code and such other enforcement procedures as are permitted by law. Any failure
by the applicant to comply with the conditions of this Order shall also constitute a basis
for consideration by the Planning Board for a revocation of this Conditional Use.
18. 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.
19. As voluntarily proffered by the Applicant, no more than fifty percent(50%) of the ground
floor may be aggregated with the second floor for a single tenant, unless otherwise
approved by the Planning Board at a public hearing.
20. As voluntarily proffered by the Applicant, a minimum of three (3) separate retail
establishments shall be located on the ground floor facing 5`" Street, unless otherwise
approved by the Planning Board at a public hearing.
1
Page 617 of 1802
CFN'. 20170568877 BOOK 30712 PAGE 1248
PB 17-0152, PB16-0053-I045 5" Street
Page 6 of 7
Dated this -> _day of ;7‘74.y°L , 2017.
PLANNING BOARD OF THE
CITY OF MIAMI BEACH, FLORIDA
BY: ,7 4
Mtc aet Belush, Chief of Planning and Zoning
For Chairman
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The fore Ding instrument. was acknowledged befo me this day of
l2c2V- -. , 2110 , by Michael Belush, ehtef Planning and Zoning for the City
of Miami Beach, Florida, a Florida Municipal Corpor:bon, En behalf of theyorp n. He is
personally known to me. i/
GABRIELA C.FREfAS Nra :f (1 MV COMMISSION Pr Name-1&bY( C.rtz24 -€4'i
EXPIRES AOG03.2021 otary Public, State of Florida
BomM Uuou§NB state Insurance
My Commission Expires: S -3 -21
(NOTARIAL SEAL] Commission Number: Ger 1312$ 1
Approved As To Ferm:fl ` & /, ,r ���f.�f
Legal Department f77 ''�Cd'— )
if'
Filed with the Clerk of the Planning Board on 'p4. i-.fit"R JJ ( 1 ue< a ! ` )
U
F\PLAM$PLBV2017103&17\PB 17-0152- f.k.a. PB 16-0053-1045 5th at MCUP\PB17-0152-1045 5th St-The BLVD-MCUP 0-
26-17.doc
Page 618 of 1802 1*
CFN:20170568877 BOOK 30712 PAGE 1249
PB 17-0152,P816-0053—1045 5"Street
Page 7 of 7
EXHIBIT A
LEGAL DESCRIPTION-
Lois 9, l0 end 1E lase the South 1040 tact thereof, Block 98, McGUIPES' SUPOIVISION,
recordingg to the Plat therzo4, es recorded in Piot Seoe 8 at Poge BS and Lots 12. 13 and
14, Bieck 98, OCEAN BEAM, FLA. !v^Ct➢06 NO. 3. 6/C401d1M to the flat thereof, as
recorded to Not Back 2 at Page 81, on train; of the Public Records of Vot —004e Ceorty,
Florida.
Page 619 of 1802 p�
EXHIBIT A
LEGAL DESCRIPTION:
A portion of the following:
Lenox Avenue lying directly adjacent to Lots 12, 13 and 14, Block 98, and the 20 foot wide Public Alley adjacent
saidto Lot 12, Bieck
9 , OCEAN
B , inDDMON NO. 3, according to the Plat thereof, recorded Plat
Book LPageadLOCAvenue lying directly adjacent oat
11, Block 98, and the 20 foot wide Public
Alley adjacent to Lot 9, MeGUIRES' SUBDIVISION. according to the Plot thereof, as recorded in Plat Book 6 at
Page 83 all being recorded in the Public Records of Miami—Dade County, Florida, being more particularlydescribed as follows:
Commence at the Northwest corner of said Lot 14, the following two (2) courses being alongthe West line of
said Lets 12. 13 and 14, Block 98 of Plat Book 2 at Page 81 and along the West line ofsaid Lot 11, Black 98
of Plot Book 6 at Page 83, also being the East right of way line of Lenox Avenue; 1) thence S00'00'C0541 for
th
3.00 feet to e Point of Beginning; 2) thence continue SO0'00'OO.W for 210.00 feet to a point hereinafter
referred to as Point "A"; thence N 90'00'O0" W for 0,96 feet; thence N 00'00'00" E for 210.00 feet; thence
S9700'00"E for 0.96 feet to the Point of Beginning.
MID
Commence at said Point `A", the following two (2) courses being along said West line of Lot 11, Block 98 of
Plat Book 6 at Page 83, also being along said East rigt of way line of Lenox Avenue; 1) thence S00'00'00'W
for 13.67 feet to the Point of Beginning; 2) thence continue S 00'00'00" W for 63.38 feet to a point hereinafter
described as Point "B"; thence N89159'16'W for 1.92 feet; thence N0P00'00"E for 5.17 feet; thence N90'00'O01
for 0.46 feet; thence NO0'OO'OO"E for 58.21 feet; thence S 90'00'00" E for 2.37 feet to the Point of Beginning.
AND
Commence at said Point "B"; thence S89'59'16"E along a line 10 feet North of and parallel to the South line of
said Block 98 for 150.09 feet to the Point of Beginning; thence NC0'00236"E along the West line of said 20 foot
wide Public Alley, also being the East line of said Lot 9, Block 98 of Plat Book 6 at Page 83 and also the East
line of said Lot 12, Block 98 of Plat Book 2 at Page 81, for 163.21 feet; thence S00'00'00"E for 0.96 feet
thence 500'00'36"1 for 163.21 feet; thence N89'59'16'W for 0.96 feet to the Point of Beginning.
SURVEYOR'S NOTES:
— This site lies in Section 3, Township 54 South, Range 42 East, City of Miami Beach, Miami—Dade County,
Florida.
— Bearings hereon are referred to an assumed value of N 89'59'I6" W for the North right of way line of
5th Street.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch /2016-098.
— The composite area of the subject parcels is 506 Square Feet or 0.0116 acres, more or less.
— This sketch and legal description describes encroachments into the right of way of the
City of Miami Beach only, and does not contain any encroachments into State Rood A-1—A.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was
made under my responsible charge on October 20, 2017,
and meetst to applicable codes os set forth in theFlorida Administrative Code, pursuant to Section 472.027,
Flor'Not valid wllhoulthe sign ure and he coral raised
seal of a Florida Owns Surveyor and Mapper ���GG6'J
FORTIN, LE Y, SL41LES" ,C.,yB 53
By•
i
Daniel C. Fortin, Jr., For The Finn
Surveyor and Mapper, LS6435
State of Florida.
Drawn By M1Ap LEGAL DESCRIPTION, NOTES& CERTIFICATION') Date 10/20/17
Cad. No. 170602 Scale NOT TO SCALE
Ser. Dwg. FORTIN, LEAVY, S KILES, INC. Job. Na 171129
2016-098 CONSULTING ENGINEERS,SURVEYORS&MAPPERS
REV. LEGAL DESCRIPTION FLORIDA CERT2fiCA3E OP AvixoR=AnoNNunm==.00003653 Dwg. No. 1017-031—A
180 Northeast 168th.Seen/North Miami Beed,PWAdw_33162
Plotted: 6/6/164:38p v phone303-633-4493/r. 303451-7132/Hawaii^. uswycvm Sheet 1 of 3
Pee..820 of Re/2
POINT OF EXHIBIT A
ICOMMENCEMENT I I
L L(von N.W.CORNER OF LOT 14 LOT 15
aoB' I—
L4's,\_
POINT OF
BEGINNING LOT 10 LOTS
]s.o4• ALLEY
RIGHT OF WAY BLOCK 98
OCEAN BEACH,FLA.ADDDFON NO.3_ — —I I—
H PLATBOOK2 PAGE 81
EW
'6LOT 13 LOT O
NEST UNE CF
g§
LOTS
ami sea86 I4
PUT BOON 2 PACE 81
33
DLOT12 LB LOT5
Z EAST UNE—,
LU OF!haat 9aa
o PLAT BOON 2
PAGE 01
Ola .i — — —
Z – 6
W a§ BLC0(9i BLOCK 98
BLW(9B UNE TABLE
RA^BOON 6 LINE LENGTH BEARING
I 6 03 MoGUIRESS BDIVISION n 210.40 m oa0ow
PLAT BOOK PAGE 03 62 PONT'A' a 210.00 o0
12Li S
LOT 11 LOT 10 1 LOT 9 1563.30 90409145E
135 'r 2
L14 16 096 590004'wt
6w
POINT OF ( PASTURE L5 uw ass 59'1 w
BEGINNING
LOT L106 61.92 xevssl686
0.IX%90 R 5.17 N0bWbOT
MAT00CC y� LI12 0.46 N90109'WW
8.
nPAGEB] Ta L1] 58.21 N00100'0086
LI 4 2.37 590100610'E
L12 POINT'S' I
POINT OF
BEGINNING
S
LB 9
L1OBL i_$---_JL1BA L__
TT11 NE19'69'I61W
MgMOR SIGN a TOF BLOCK se H ,-
MAY UMl `JN UNE g 6
STATE ROAD A-1-A
5TH STREET s6959'Iot
°80'PIALIO RIGHT OF WAY}
/ 2
a GRAPHIC SCALE
_ _ _ $3)
` m( 1'640'>
9 Inch= /0 It
DrawD By
NAP SKETCH OF DESCRIPTION Date 10/20/17
Cad. No. 170602 Scale 1a=40'
Re` °e- 2o1 s—osE FORTIN, LEAVY, S RILES, INC. Job. No. 171129
CONSULTING ENGINEERS,SURVEYORS&MAPPERS
REV. LEGAL DESCRIPTION ew D1.6 No. 1017-031—A
Plotted: 8/6/18 R:J6 - ISO Northeast 168th.Street/North Miami Beech.Florida-33162
P , O Phone:305-653-4493/16....r561.69651111072.69: m `rwm Sheet 2 of 3 ,
st
eth sq
tier
Sth St
ai
MpLAec Emtl.S 1i1. [�
dlll ��Ili
1111
Drawn By , LOCATION SKETCH l Date 6/20/17
Cad. No. 170602 Scale NOT TO SCALE
Red Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 170602
2016-096 CONSULTING ENGINEERS,SURVEYORS&MAPPERS
REV. LEGAL DESCRIPTION '°° - w'ct. OPwvn(ORIZATIONNinm==.00003653 Brig. No. 1017-031-2
Plotted: 16U rvmWeu,-Seth aban/Nath Miamt aeae4•PSeride,33162
9/6/18 2:SSp . e.<:305-633-4493 iPe m.63}' Sy/imeu a.®o.ew..q.emo Sheet 3 of 3
aw..l.G2 et IUVG
OPINION OF TITLE
To: City of Miami Beach
With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as inducement
for approval of a revocable permit to construct eyebrows, fins and permitted signage that encroaches over
the City right-of-way associated with a 4-story commercial building and parking garage located at 1045 5'
Street, Miami Beach, Florida it is hereby certified that I have examined First American Title Insurance
Company policy number 5011412-020097Ie with an effective date of July 14, 2014 at 13:48:33 P.M. and
First American Title Insurance Company updates from July 14, 2014 at 13:48:33 P.M. through July 17,
2018 at 11:00 PM:
PARCEL 1:
Lots 12, 13 and 14,inclusive,Block 98, of OCEAN BEACH,FLA.ADDITION NO. 3,
according to the Plat thereof,recorded in Plat Book 2, Page 81, of the Public Records of
Miami-Dade County,Florida.
PARCEL 2:
Lots 9, 10 and 11, less the South 10.00 feet thereof, Block 98, of MCGUIRES'
SUBDIVISION,according to the Plat thereof, as recorded in Plat Book 6,Page 83, of the
Public Records of Miami-Dade County, Florida.
I am of the opinion that on the last mentioned date,the fee simple title to the above-described real property
was vested in:
MAC 1045 5TH St.,LLC,A Florida limited liability company
NOTE: Michael Comras is the Manager of MAC 1045 5TH St., LLC and is an authorized signatory for
such entity.
Subject to the following encumbrances, liens and other exceptions(If"none" please indicate):
1. Restrictions, dedications, conditions, reservations, easements and other matters shown on the Plat
of OCEAN BEACH, FLA. ADDITION NO. 3, as recorded in Plat Book 2, Page 81,but deleting any
covenant, condition or restriction indicating a preference, limitation or discrimination based on race,
color,religion,sex,handicap, familial status or national origin to the extent such covenants,conditions
or restrictions violate 42 USC 3604(c).
2. Restrictions, dedications, conditions, reservations, easements and other matters shown on the Plat
of MCGUIRES'RE-SUBDIVISION OF LOTS 6 THROUGH 11, BLOCK 98, OF OCEAN BEACH,
FLA.ADDITION NO. 3, as recorded in Plat Book 6,Page 83,but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Page 623 of 1802
Opinion of Title
Page 2
3. Road right-of-way across the South 10 feet of Lots 9, 10 and I I of Parcel 2,as dedicated by instrument
recorded in Deed Book 300, Page 411 and Deed Book 309, Page 187.
4. Affidavit recorded in Official Records Book 29351,Page 2441.
5. Order from The City of Miami Beach Historic Preservation Board recorded in O.R. Book 30355, Page
2979, Public Records of Miami-Dade County, Florida, which provides for terms, conditions and
restrictions.
6. Conditional Use Permit recorded in O.R. Book 30390, Page 3198, Public Records of Miami-Dade
County,Florida,which provides for terms,conditions and restrictions.
7. Order issued by the Planning Board of the City of Miami Beach and recorded June 27, 2018 in O.R.
Book 31032 at Page 1861.
8. Liens on account of Notice of Commencement filed by MAC 10455`^St.,LLC and recorded on January
5,2018 in O.R. Book 30842 at Page 3462,filed January 25,2018,as amended by Amended Notice of
Commencement recorded July 6, 2018 in O.R. Book 31048 at Page 999.
9. Rights of Target Corporation, as Lessee, as evidenced by Memorandum of Lease recorded November
8, 2017 in O.R. Book 30750 at Page 4237 and by Subordination, Non-Disturbance and Attomment
Agreement recorded in O.R.Book 30797 at Page 3857.
10. UCC-I in favor of City National Bank of Florida and recorded December 19,2017 in O.R.Book 30797
at Page 3843.
11. Modified Conditional Use Permit recorded October 10, 2017 in O.R. Book 30712 at Page 1243.
All in the Public records of Miami-Dade County,Florida.
RECORDED MORTGAGES:
Amended and Restated Mortgage, Assignment of Leases and Rents, Security Agreement and
Fixture Filing given by MAC 1045 5TH ST.,LLC,a Florida limited liability company to City
National Bank of Florida dated as December 15, 2017 and recorded December 19, 2017 in
Official Records Book 30797, Page 3772, in the Public Records of Miami-Dade County,
Florida.
I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions.
Therefore, it is my opinion that the following party(ies) must join in the application in order to
make the application a valid and binding covenant on the lands described herein.
Name Interest
MAC 1045 5TH ST., LLC Fee Simple Owner
Page 624 of 1802
Opinion of Title
Page 3
I,the undersigned,further certify that I am an attorney-at-law duly admitted to practice in the State
of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this (1 day of August,2018.
Ellen Rose,Esq.
Florida Bar No. 246786
Katz Barron
2699 South Bayshore Drive Th Floor
Miami,Florida 33133
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ` day of August, 2018, by Ellen
Rose, who is personally known to me or has produced , as
identification.
(" l
Notary Public
My Commission Expires: Print Name
s'i ARLETCRUZ
4 A br Commission#GG 097499
of ExpIres May 19.2021
'"'+...... .1, &Mid mMu troy Fun Insurance 800.3959019
Page 625 of 1802
•
OPINION OF TITLE
To: City of Miami Beach
With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as inducement
for approval of a revocable permit to construct eyebrows, fins and permitted signage that encroaches over
the City right-of-way associated with a 4-story commercial building and parking garage located at 1045 51)
Street, Miami Beach, Florida it is hereby certified that I have examined Old Republic National Title
Insurance Company Title Search Report bearing Fund File Number 486286 with an effective date of July
17, 2018 at 11:00 P.M.:
That portion of Lenox Avenue located in Miami Beach,Florida being bounded on the North by the South Right-
of-Way line of Sixth Street extended and bounded on the South by the North Right-of-Way line of 5th Street
extended and bounded on the East by the East Right-of-Way line of said Lenox Avenue, also being the West
line of Block 98 of OCEAN BEACH, FLA. ADDITION No. 3, according to the plat thereof, as recorded in
Plat Book 2 at Page 81 of the Public Records of Miami-Dade County,Florida,and bounded on the West by the
West Right-of-Way line of said Lenox Avenue,also being the East line of Block 104 of said OCEAN BEACH,
FLA. ADDITION No. 3, according to the plat thereof, as recorded in Plat Book 2 at Page 81 of the Public
Records of Miami-Dade County,Florida.
TOGETHER WITH
That portion of the twenty(20)foot wide alley,now known as Michigan Court,lying in Block 98 of OCEAN
BEACH,FLA. ADDITION No. 3, according to the plat thereof, as recorded in Plat Book 2 at Page 81 of the
Public Records of Miami-Dade County, Florida,and being bounded on the North by the South Right-of-Way
line of Sixth Street extended and bounded on the South by the North Right-of-Way line of 5th Street extended
and bounded on the East by the East line of said twenty foot wide alley, also being the West line of Lots 1
through 8,inclusive,of said Block 98 and bounded on the West by the West line of said twenty foot wide alley,
also being the East line of Lots 9 through 16,inclusive, of said Block 98.
I am of the opinion that on the last mentioned date,the fee simple title to the above-described real property
was vested in:
CITY OF MIAMI BEACH,FLORIDA
Subject to the following encumbrances,liens and other exceptions(If"none"please indicate):
1. All matters contained on the Plat of Ocean Beach,Fla,Addition No.3,as recorded in Plat Book
Page 8l,Public Records of Miami-Dade County,Florida.
2. City of Miami Beach Ordinance Changing the Names and Number of Certain Streets,recorded in Deed
Book 297,Page 242,Public Records of Miami-Dade County,Florida.
3. Cancellation of Reverter recorded in Deed Book 3607,Page 440,Public Records of Miami-Dade
County,Florida.
4. Resolution No.4406 Accepting Dedications to Public recorded in O.R.Book 1884,Page 501,Public
Records of Miami-Dade County,Florida.
5. Certificate of Clerk of the Court recorded in O.R. Book 1964,Page 4,Public Records of Miami-Dade
County,Florida.
Page 626 of 1802
Opinion of Title
Page 2
RECORDED MORTGAGES:
NONE
I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions.
Therefore, it is my opinion that the following party(ies) must join in the application in order to
make the application a valid and binding covenant on the lands described herein.
Name Interest
CITY OF MIAMI BEACH,FLORIDA Fee Simple Owner
I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in
the State of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this / day of August, 2018.
Ellen Rose, sq.
Florida BarNo. 246786
Katz Barron
2699 South Bayshore Drive 71h Floor
Miami, Florida 33133
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this tday of August, 2018, by
Ellen Rose, who is personally known to me or has produced
, as identification.
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