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2004-25730 Reso RESOLUTION NO. 2004-25730 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT TO MIAMI BEACH CITY CODE SECTION 118-563, TO GRANT A CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF AN EXISTING RESTROOM FACILITY LOCATED AT 1401 OCEAN DRIVE, IN ORDER TO CONSTRUCT A NEW RESTROOM FACILITY AT THE SAME SITE. WHEREAS, on February 26, 2003, the City filed an application with the Historic Preservation Board (HPB) requesting a Certificate of Appropriateness to demolish an existing restroom facility located at 1401 Ocean Drive in order to construct a new restroom facility in the same location; and WHEREAS, the structure is located within the Ocean Drive/Collins Avenue Local Historic District, but it is not listed in the Miami Beach Historic Properties Database; and WHEREAS, on April 8, 2003, the Historic Preservation Board (HPB) discussed the Lummus Park Facilities Project, File No. 1407, containing the Planning Department staff recommendation to grant the Certificate of Appropriateness to demolish the structure; and WHEREAS, the City Administration, Planning Department staff, and the HPB evaluated the existing structure, its current deteriorated condition, the need to provide restroom facilities within Lummus Park which is located along Ocean Drive, arid the general rehabilitation of the Park; and WHEREAS, the HPB also evaluated whether the proposed new restroom structure was compatible with the surrounding properties, and recommended that a Certificate of Appropriateness for demolition be granted; and WHEREAS, in April 2004, the City had not yet selected a general contractor to obtain the building permit specified in the approval; and WHEREAS, on June 8, 2004, the Project was presented to the HPB for a one (1) year extension of time to obtain a building permit for the construction of the new restroom facility to replace the existing restroom at 1401 Ocean Drive; and WHEREAS, the extension was granted, and the conditions amended to allow the installation of a landscape buffer around the proposed newsracks in lieu of the previously approved oolitic limestone clad enclosures; and WHEREAS, the Administration recommends that the City Commission schedule a public hearing to consider granting a Certificate of Appropriateness for demolition of the existing restroom, located at 1401 Ocean Drive. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby set a public hearing at 10 : 25AM/R'U on December 8,2004, to be held in the City Commission Chambers, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, to consider a request for a Certificate of Appropriateness for Demolition of an existing restroom facility, located at 1401 Ocean Drive, in order to construct a new restroom facility at the same site. PASSED and ADOPTED this 10th day of November 04. ~p~ CITY CLERK ATTEST: T:\AGENDA\2004\Nov1004\ConsenI\Lummus Park-14th Street Restroom Public Hearing Demolition Reso.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION n1Il611lJ.IA. Il-~-O'f '~ D* BELLE ISLE _'EN(11.AIJ W~"( ~R MEMORIAL ) ~ ~ ~ ~ ~ ~ ST AR ISLAND ~ ~, ~ ~ CITY [ "B" Attachment CITY OF MIAMI BEACH PLANNING DEPARTMENT m HISTORIC PRESERVATION BOARD STAFF REPORT '~ FROM: HISTORIC PRESERVATION BOARD " (' jG0 Jorge G. Gomez, Director "(\\Il ,tC.( , Planning Department TO: DATE: April 8, 2003 Meeting RE: Historic Preservation File No. 1407 599 Ocean Drive - Lummus Park Restrooms and Park Improvements The applicant, the City of Miami Beach, is requesting a Certificate of Appropriateness to demolish an existing restroom facility, to construct new restroom facilities in the same location, to widen certain sidewalks within the park, plant additional landscaping, and install new park amenities such as seating, bike racks and vending stands, LEGAL DESCRIPTION: Lots 1 through 6, inclusive, in Block 1, Friedman and Cope Subdivision of Edmund Wilson Tract, According to the Plat Thereof, as Recorded in Plat Book 4, Page 83, of the Public Records of Miami- Dade County, Florida, Together with: Beginning at a point on the South line of the North half of Section 3, Township 54 South of Range 42 East, at the intersection of said South line as aforesaid with the East line of Ocean Drive, as shown on a plat of Ocean Beach Addition No.1, as Recorded in Plat Book 3, Page 11, of the Public Records of Miami-Dade County, Florida; thence North along the East side of said Ocean Drive, parallel with and 30 Feet East of the West side of said Ocean Drive to the North line of the aforesaid Plat, Plat Book and Page as aforesaid; thence continuing North along the East side of the said Ocean Drive parallel with and 30 Feet East of the West side of said Ocean Drive as shown on a Plat of Ocean Beach Addition No.2, as Recorded in Plat Book 2, Page 56, of the Public Records of Miami-Dade County, Florida, to the North line of said Plat of Ocean Beach Addition No, 2 as aforesaid, said North line being the South line of the Richard Carney Tract; thence East along the last described line to the Atlantic Ocean; thence southwardly in a meandering line along the shore of said Atlantic Ocean to the South line of Ocean Beach Addition No, 1, Plat Book and Page as aforesaid, if projected easterly into the Atlantic Ocean, said South line being the South line of the North half of Section 3, Township 54 South of Range 42 East, and the North line of the Edmund Wilson Tract; thence West along the last described line to the point and place of beginning, together with all Common Law riparian rights belonging or incident thereto. EXISTING STRUCTURE: Constructed in 1947 and designed by architect Alex Lewis, the subject structure is located within the Ocean Drive/Collins Avenue Local Historic District but is not listed in the Miami Beach Historic Properties Database, Page 3 of 9 HPB File No. 1407 Meeting Date: April 8, 2003 a. The Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as revised from time to time. Satisfied b. Other guidelines/policies/plans adopted or approved by Resolution or Ordinance by the City Commission, Satisfied II. In determining whether a particular application is compatible with surrounding properties, the Board shall consider the following criteria pursuant to Section 118-564(a)(2) of the Miami Beach Code (it is recommended that the listed criteria be found Satisfied, Not Satisfied or Not Applicable, as so noted): a. Exterior architectural features, Not Satisfied; see Condition No.1 and Staff Analysis The proposed stepped parapet on the restroom facility has an awkward appearance as viewed from the north and south, adds unnecessary height to the building and has a negative impact on the subject structure and surrounding area. b, General design, scale, massing and arrangement. Not Satisfied; see Condition No.1 and Staff Analysis The proposed stepped parapet on the restroom facility has an awkward appearance as viewed from the north and south, adds unnecessary height to the building and has a negative impact on the subject structure and surrounding area. c. Texture and material and color. Satisfied d. The relationship of a, b, c, above, to other structures and features of the district. Satisfied e. The purpose for which the district was created. Satisfied 1. The relationship of the size, design and siting of any new or reconstructed structure to the landscape of the district. Satisfied g. An historic resources report, containing all available data and historic documentation regarding the building, site or feature. Not Applicable - Existing Structure Non-Contributing h. The original architectural design or any subsequent modifications that have acquired significance. Satisfied III. The examination of architectural drawings for consistency with the criteria pursuant to Section 118-564(a)(3) of the Miami Beach Code and stated below, with regard to the Page 5 of 9 HPB File No, 1407 Meeting Date: April 8, 2003 designed so as to interfere as little as possible with vehicular traffic flow on these roads and pedestrian movement onto and within the site, as well as permit both pedestrians and vehicles a safe ingress and egress to the site. Satisfied g. Lighting shall be reviewed to ensure safe movement of persons and vehicles and reflection on public property for security purposes and to minimize glare and reflection on adjacent properties and consistent with a City master plan, where applicable. Satisfied h. Landscape and paving materials shall be reviewed to ensure an adequate relationship with and enhancement of the overall site plan design. Satisfied i. Buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from Structures are adequately shielded from public view, adjacent properties and pedestrian areas. Satisfied j. Any proposed new structure shall have an orientation and massing which is sensitive to and compatible with the building site and surrounding area and which creates or maintains important view corridor(s). Satisfied k. All buildings shall have, to the greatest extent possible, space in that part of the ground floor fronting a sidewalk, street or streets which is to be occupied for residential or commercial uses; likewise, the upper floors of the pedestal portion of the proposed building fronting a sidewalk street, or streets shall have residential or commercial spaces, or shall have the appearance of being a residential or commercial space or shall have an architectural treatment which shall buffer the appearance of a parking structure from the surrounding area and is integrated with the overall appearance of the project. Satisfied I. All buildings shall have an appropriate and fully integrated rooftop architectural treatment which substantially screens all mechanical equipment, stairs and elevator towers, Satisfied m. Any addition on a building site shall be designed, sited and massed in a manner which is sensitive to and compatible with the existing improvement(s), Satisfied n. All portions of a project fronting a street or sidewalk shall incorporate an amount of transparency at the first level necessary to achieve pedestrian compatibility, Satisfied Page 7 of 9 HPB File No. 1407 Meeting Date: April 8, 2003 The retention of the subject structure is not critical to developing an understanding of an important Miami Beach architectural style. 6. If the proposed demolition is for the purpose of constructing a parking garage, the Board shall consider it if the parking garage is designed in a manner that is consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, U.S. Department of the Interior (1983), as amended, and/or the design review guidelines for that particular district. Not Satisfied The demolition proposed in the subject application is not for the purpose of constructing a parking garage. 7. There are definite plans for reuse of the property if the proposed demolition is carried out, the effect of those plans on the character of the Historic District, whether there is a compelling public interest requiring the proposed demolition, and whether the Applicant is willing to bond the completion of the proposed new construction. Satisfied The applicant is proposing to use the structure as a public restroom facility. 8, The Dade County Unsafe Structures Board has ordered the demolition of a Structure without option. Not Satisfied The Dade County Unsafe Structures Board has not ordered the demolition of any part of the subject building. 9. The Board determines that retention of the Building/Structure would deny the owner economically viable use of the property. Not Satisfied The applicant has not submitted a financial feasibility study to determine whether the new project as proposed will make the subject property financially viable. STAFF ANALYSIS: Staff is highly supportive of the improvements proposed herein for Lummus Park as they will greatly improve pedestrian movement along the east side of Ocean Drive, further expand the amenities found within the park, and enrich its overall aesthetic appeal. With regard to the new restroom facility, staff had initial concerns with the location of the facility at a prominent street end because of the potential to block views to Lummus Park and the ocean. But because that is the location of the existing facility, staff can support the proposed siting. With respect to the design of the facility, staff initially believed that the raised and slightly arched design of the front center parapet as shown on the east and west elevations might be appropriate and suggested the applicant consider this approach. Upon review of the perspective rendering submitted with the application, however, staff suggests that the design of the projecting center element facing Ocean Drive would be more appropriate if the slightly arched and raised center element on the east and west elevations is made flat and of equal height with its immediate flanking bay elements on the same elevations, Staff feels that the proposed stepped parapet is somewhat awkward as viewed from the north and south and that it adds unnecessary height to the building. Staff suggests maintaining a consistent parapet height on all sides of the structure and eliminating the arched parapets at the east and west ends. Page 9 of 9 HPB File No. 1407 Meeting Date: April 8, 2003 5. A traffic mitigation plan, which addresses all roadway Level of Service (LOS) deficiencies relative to the concurrency requirements of the City Code, if required, shall be submitted prior to the issuance of a Building Permit and the final building plans shall meet all other requirements of the Land Development Regulations of the City Code. 6, Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required, prior to the issuance of a building permit. 7. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly noted on a revised roof plan and shall be screened from view, in a manner to be approved by staff. 8. Revised drawings, with corresponding color photographs, that are separate from the construction documents, drawn to scale and clearly documenting the existing conditions of the subject building, shall be submitted. Such drawings and photographs shall include all four elevations and interior floor plans of the building, as well as a site plan. 9. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAG). 10. The project shall comply with any landscaping or other sidewalk/street improvement standards as may be prescribed by a relevant Urban Design Master Plan approved prior to the completion of the project and the issuance of a Certificate of Occupancy. 11. The Certificate of Appropriateness for Demolition shall only remain in effect for the period of time that there is an active Certificate of Appropriateness for the associated new construction on the subject property. 12. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit. 13. 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. 14, The applicant shall obtain Final Approval for the Certificate of Appropriateness for Demolition from the City Commission prior to the issuance of a Demolition Permit. JGG:TRM:LDO F:\PLAN\$HPB\03HPBlAprHPB03\ 1407. aprdoc Attachment "e" HISTORIC PRESERVATION BOARD City of Miami Beach, Florida MEETING DATE: FILE NO: PROPERTY: LEGAL: IN RE: June 8, 2004 CEIlTIFICAT... THl$IS TO C8IlfY THAT lIE lTT~lIlIClI8T IS A TU AIIllCC\N.Te ~.111_,* AlE IN !HE mICE OFTlE PL.-.-r. I6ICIl 1407 ~ ar....AT. \'Y-"; ~Ccm ..~ lO_ mIaoIor, 1lO233174 -....... JUly fi -?n07 599 Ocean Drive - Lummus Park PriIlIIINm: My COIIIIiIIion lNIdaCIIIIIII__.1 - Lots 1 through 6, inclusive, in Block 1, Friedman and C~division of Edmund Wilson Tract, According to the Plat Thereof, as Recorded in Plat Book 4, Page 83, of the Public Records of Miami-Dade County, Florida. Together with: Beginning at a point on the South line of the North half of Section 3, Township 54 South of Range 42 East, at the intersection of said South line as aforesaid with the East line of Ocean Drive, as shown on a plat of Ocean Beach Addition No.1, as Recorded in Plat Book 3, Page 11, of the Public Records of Miami-Dade County, Florida; thence North along the East side of said Ocean Drive, parallel with and 30 Feet East of the West side of said Ocean Drive to the North line of the aforesaid Plat, Plat Book and Page as aforesaid; thence continuing North along the East side of the said Ocean Drive parallel with and 30 Feet East of the West side of said Ocean Drive as shown on a Plat of Ocean Beach Addition No.2, as Recorded in Plat Book 2, Page 56, of the Public Records of Miami-Dade County, Florida, to the North line of said Plat of Ocean Beach Addition No.2 as aforesaid, said North line being the South line of the Richard Carney Tract; thence East along the last described line to the Atlantic Ocean; thence southwardly in a meandering line along the shore of said Atlantic Ocean to the South line of Ocean Beach Addition No, 1, Plat Book and Page as aforesaid, if projected easterly into the Atlantic Ocean, said South line being the South line of the North half of Section 3, Township 54 South of Range 42 East, and the North line of the Edmund Wilson Tract; thence West along the last described line to the point and place of beginning, together with all Common Law riparian rights belonging or incident thereto. The Application for a one (1) year Extension of Time to obtain a building permit for a previously issued Certificate of Appropriateness to demolish an existing restroom facility, to construct new restroom facilities in the same location, to widen certain sidewalks within the park, plant additional landscaping, and install new park amenities such as seating, bike racks and vending stands. '\it( Page 2 of 3 HPB File No, 1407 Meeting Date: June 8, 2004 ORDER The applicant, City of Miami Beach, filed an application with the City of Miami Beach Planning Department for an extension of time to obtain a Building Permit for a previously issued Certificate of Appropriateness. The City of Miami Beach's Historic Preservation Board makes the following FINDING 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: The applicant stated that, among other things, there were delays in the preparation of Construction Documents for the project. The foregoing constitutes good cause for granting a one (1) year extension of time to the requirement that a Full Building Permit be obtained within one (1) year of the original Certificate of Appropriateness. IT IS HEREBY ORDERED, based upon the foregoing finding of fact and the staff report and analysis, which is adopted herein, including the recommendation, that a one (11 year extension of time to obtain a full building permit (which one (1) year period shall run from the expiration date of the original approval, which was April 8. 2004) is GRANTED for the above-referenced project conditioned upon the following, to which the applicant has agreed: 1 . A full building permit, not a foundation or shell permit. for the project shall be obtained by April 8, 2005. 2. Construction shall commence and continue in accordance with the applicable Building Code. 3. 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. No building permit may be issued unless and until all conditions of approval as set forth in this Order and the Order for the April e, 2003 approval has been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including zoning approval. If adequate handicapped access is not provided, this approval does not mean that such handicapped access is not required or that the Board supports an applicant's effort to seek waivers relating to handicapped accessibility requirements. When reQuestinQ a buildinq permit, three (3) sets of the plans approved bv the Board, modified in accordance with the conditions set forth in this Order and the Final Order for the April 8, 2003 meetin!:!, shall be submitted to the PlanninQ Department. If all of the above-specified conditions are satisfactorily addressed. the plans will be reviewed for building permit approval. Two (2) sets will ~ Page 3 of 3 HPB File No. 1407 Meeting Date: June 8. 2004 be returned to you for submission for a building permit and one (1) set will be retained for the Historic Preservation Board's file. If the Full Building Permit is not issued by April 8, 2005, and construction does not commence and continue in accordance with the applicable Building Code. the approval will expire and become null and void. day of ~, 20Q:(. Dated this ~ Approved As To Form: Legal Department: ~ (1~]~'f ) ? /6/~{ I CLtl Filed with the Clerk of the Historic Preservation Board on F;\PLAN\ $HPBI04HPBIJunHPB041 1407 -e. fo.doc ~ CITY OF MIAMI BEACH Planning Department Interoffice Memorandum Attm"D" From: Carla Dixon-Vincent Capital Projects Coordinator Jorge G. Gomez. AICP .11J- Planning Director ~ Date: March 26, 2003 To: Subject: DEVELOPMENT REGULATIONS, LUMMUS PARK RESTROOM FACILITIES, OCEAN DRIVE & 14TH STREET HISTORIC PRESERVATION BOARD FILE 1407 The subject property is zoned "GU Government Use District" and as such, is required to adhere to the following regulations pertaining to new development: Section 142-425: Development Regulations. (a) The development regulations (setbacks, floor area ratio, signs, parking. etc.) in the GU government use district shall be the average of the requirements contained in the surrounding zoning districts as determined by the planning and zoning director, which shall be approved by the city commission, (d) Following a public hearing, the development regulations required by these land development regulations, except for the historic preservation and design review processes, may be waived by a five-sevenths vote of the city commission for developments pertaining to governmental owned or leased buildings, uses and sites which are wholly used by, open and accessible to the general public, or used by not-for-profit, educational, or cultural organizations, or for convention center hotels, or convention center hotel accessory garages. or city utilized parking lots, provided they are continually used for such purposes. Notwithstanding the above, no GU properly may be used in a manner inconsistent with the comprehensive plan. In all cases involving the use of GU property by the private sector. or joint government/private use, development shall conform to all development regulations in addition to all applicable sections contained in these land development regulations and shall be reviewed by the planning board prior to approval by the city commission, All such private or joint government/private uses are allowed to apply for any permittee variances. Private or joint government/private uses shall not be eligible to waive any regulations as described in this paragraph, except for not-for-profit, educational. or cultural organizations as set forth herein. Development Regulations: Applicable Zoning District: MXE Mixed-Use Entertainment District As per Section 142-425(a) of the Development Regulations of the City of Miami Beach, the development regulations (setbacks, floor area ratio, signs, parking, etc.) in the GU government use district shall be the average of the requirements contained in the surrounding zoning districts. The determination of these regulations shall be established by the Planning Director and subsequently approved by the City Commission. The surrounding zoning district is "MXE Mixed-Use Entertainment District" Staff has determined that the applicable development regulations for the subject property shall be the regulations contained within the MXE Mixed-Use Entertainment District. Staff has determined that the proposed project complies with all applicable development regulations contained within the MXE Mixed-Use Entertainment District. As such, no development waivers will be required. JGG/CJD/cjd cc: Armando Valdes Thomas Mooney Laura Quenelle L:lPLANI$ALLIDunnIDesign ReviewlHPB 1407 - Memo.doc CITY o'F MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting a public hearing pursuant to Miami Beach City Code Section 118-563 to Grant A Certificate of Appropriateness for Demolition of an existing restroom facility located at 1401 Ocean Drive, in order to construct a new restroom facility at the same site; and, further affirming the development regulations, pursuant to section 142-425(a) of the Land Develo ment Re ulations a Iicable to the Lummus Park Restroom Facilities site. Issue: Should a Public Hearing be set to grant a Certificate of Appropriateness for the Demolition of 1401 Ocean Drive? Item Summary/Recommendation: The City Commission directed the City Administration to follow the appropriate procedures and processes to demolish the restroom facility at 1401 Ocean Drive. The structure is not listed in Miami Beach Historic Properties Database. The Project was presented to the Historic Preservation Board at its meeting of April 8,2003, The HPB voted to recommend to the City Commission that the restroom structure be demolished. The City Code does not require the City Commission to schedule a public hearing in considering the issuance of a Certificate of Appropriateness for Demolition. However, in order to protect the City from potential challenge, it is recommended that the Commission follow the Historic Preservation Board process of setting a Public Hearing. Following this process does not affect the schedule for the Lummus Park Restroom Facilities Project. In order for the construction of the Lummus Park Restroom Facilities Project to proceed, and based on the aforementioned, the Administration recommends that the City Commission schedule a Public Hearing to consider the need to grant a Certificate of Appropriateness for total Demolition of the restroom located at 1401 Ocean Drive. Adviso Board Recommendation: The Historic Preservation Board recommended approval at its meeting of April 8, 2003, and extended the a roval at the meetin of June 8, 2004. Financial Information: Source of Funds: D Finance Dept. Ci Clerk's Office Le islative Trackin Carla Dixon, CIP Office nt City Manager City Manager 004\Nov1004\ConsentlLummus Par -14th Street Restroom Public Hearing De usPk-02-10252004 AGENDA ITEM C 7B DATE I{-{O -0<( CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 www.miamibeachfl,gov To: From: Subject: COMMISSION MEMORANDUM Date: November 10, 2004 Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez \ _.L~' City Manager U fJ'VO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT TO MIAMI BEACH CITY CODE SECTION 118-563 TO GRANT A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF AN EXISTING RESTROOM FACILITY LOCATED AT 1401 OCEAN DRIVE, IN ORDER TO CONSTRUCT A NEW RESTROOM FACILITY AT THE SAME SITE; AND, FURTHER AFFIRMING THE DEVELOPMENT REGULATIONS, PURSUANT TO SECTION 142-425(a) OF THE LAND DEVELOPMENT REGULATIONS APPLICABLE TO THE LUMMUS PARK RESTROOM FACILITIES SITE LOCATED WITHIN THE GOVERNMENT USE (GU) DISTRICT, PURSUANT TO SECTION 142-425(a) OF THE CODE OF THE CITY OF MIAMI BEACH. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On February 26,2003, the City of Miami Beach Capital Improvement Projects Office filed an application with the Historic Preservation Board (HPB) requesting a Certificate of Appropriateness to demolish an existing single story restroom facility located at 1401 Ocean Drive (Attachment "An), in order to construct a new restroom facility in the same location, to widen certain sidewalks within the park, to plant additional landscaping, and to provide new park amenities such as seating, bike racks, and newspaper vending facilities. The existing restroom structure was designed by architect Alex Lewis and constructed in 1947. Although the structure is located within the Ocean Drive/Collins Avenue Local Historic District, it is not listed in the Miami Beach Historic Properties Database. On April 8, 2003, the Historic Preservation Board (HPB) discussed the Lummus Park Facilities Project, File No. 1407, containing the Planning Department staff recommendation to grant the Certificate of Appropriateness to demolish the structure. The City Administration, Planning Department Staff, and the Historic Preservation Board evaluated the existing structure, its current deteriorated condition, the need to provide restroom facilities within Lummus Park which is located along Ocean Drive, and the general rehabilitation of the park for public use. The HPB evaluated whether the proposed new restroom structure designed by Bermello, Ajamil and Partners, Inc, was compatible with the surrounding properties. They also considered the criteria set forth in Section 118-564(a) Commission Memorandum Lummus Park-14th Street Restroom - Public Hearing for Demolition November 10,2004. Page 2 of 3 (1), 118-564(a) (2), and 118-564(a) (3), of the Miami Beach Code, as presented in the Historic Preservation Board Staff Report dated April 8, 2003 (Attachment "B"). The Application was approved. In April 2004, the design and permitting for the Project was ninety percent (90%) complete. However, the City at that time had not yet selected a General Contractor to obtain the necessary Building Permit. Consequently, on June 8, 2004, the Project was again presented to the HPB Board for a one (1) year extension of time to obtain a building permit for the construction of the new restroom facility to replace the existing restroom at 1401 Ocean Drive. Again, the Planning Department staff reviewed the criteria set forth in Section 118-564(a)(1), 118-564(a)(2), and 118-564(a)(3), of the Miami Beach Code, and found that the requirements were either satisfied or not applicable. The Planning Department staff further recommended that the HPB grant a one (1) year time extension to the original Certificate of Appropriateness. The application was approved as noted in the HPB Final Order (Attachment "C"). In addition, the conditions were also amended to allow the installation of a landscape buffer around the proposed news-racks in lieu of the previously approved oolitic limestone clad enclosures. Granting of the extension is conditioned upon the following, to which the City has agreed: 1. A full building Permit, not a foundation or shell permit, for the project shall be obtained by April 8, 2005. 2. Construction shall commence and continue in accordance with the applicable Building Code. 3. 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. The City Code does not require the City Commission to schedule a public hearing in considering the issuance of a Certificate of Appropriateness for Demolition. However, in order to protect the City from potential challenge, it is recommended that the Commission follow the Historic Preservation Board process of setting a Public Hearing. Following this process does not affect the schedule for the Lummus Park Restroom Facilities Project. In order for the construction of the Lummus Park Restroom Facilities Project to proceed, and based on the aforementioned, the Administration recommends that the City Commission schedule a Public Hearing to consider the need to grant a Certificate of Appropriateness for total Demolition of the restroom located at 1401 Ocean Drive. Affirmation of the Land Development ReQulations: The Planning Department staff also reviewed the criteria for the development of the site Pursuant to Section 142-425(a) of the Land Development Regulations applicable to the Lummus Park Restroom Facilities Project site, as set forth in the Planning Department Commission Memorandum Lummus Park_14th Street Restroom - Public Hearing for Demolition November 10,2004. Page 3 of 3 Memo dated March 26, 2003 (Attachment "0"). The Project was found to be in compliance with those regulations of the GU, Government Use District, as they pertain to: . Setback Requirements . Floor Area Ratio (FAR) . Signs . Parking Requirements The surrounding district is zoned for Mixed-Use Entertainment District (MXE), and as such the staff has determined that the applicable development regulations for the subject site shall be the regulations contained within the MXE District, further, that the project is in compliance. As such, no development waivers will be required to construct the new Lummus Park Restroom Facilities. Attachments T:\AGENDA\2004\Nov1004\ConsentlLummus Park-14th Street Restroom Public Hearing Demolition Memo.doc