LTC 158-2005 Design Review Board Appeal
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 158-2005
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To:
From:
Mayor David Dermer and
Members of the City Commission
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DESIGN REVIEW BOARD APPEAL 7
Date: June 10, 2005
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Subject:
Attached please find a request to review a decision of the Design Review Board pursuant
to Section 118-262 of the Miami Beach Code and pursuant to City Commission Approval
on the June 8,2005 setting a public hearing requested by Hotelarama Associate LTD. File
no,17369.
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JMG\MEM
c: Jorge Gomez, Planning Department Director
Robert Parcher, City Clerk
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BEFORE THE CITY COMMISSION OF MIAMI BEACH
Design Review Board File No. 17369
Commission Appeal No.
MIAMI BEACH HOTEL INVESTORS, LLC,
Petitioner,
v.
DESIGN REVIEW BOARD,
CITY OF MIAMI BEACH
and
HOTELERAMAASSOCIATES, LTD.
Respondents.
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REQUEST TO REVIEW A DECISION OF THE
DESIGN REVIEW BOARD PURSUANT TO SECTION 118-262
OF THE MIAMI BEACH CODE WITH ACCOMPANYING BRIEF
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KENT HARRISON ROBBINS
Attorney for Miami Beach Hote/lnvestors, LLC
1224 Washington Avenue
Miami Beach, Florida 33139
(305) 532-0500
Florida Bar No. 275484
BEFORE THE CITY COMMISSION OF MIAMI BEACH
Design Review Board File No. 17369
Commission Appeal No.
MIAMI BEACH HOTEL INVESTORS, LLC,
Petitioner,
v,
DESIGN REVIEW BOARD,
CITY OF MIAMI BEACH
and
HOTELERAMA ASSOCIATES, LTD.
Respondents.
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REQUEST TO REVIEW A DECISION OF THE
DESIGN REVIEW BOARD PURSUANT TO SECTION 118-262
OF THE MIAMI BEACH CODE WITH ACCOMPANYING BRIEF
Petitioner Miami Beach Hotel Investors, LLC, respectfully requests that the
City Commission of Miami Beach reverse a decision rendered by the Design
Review Board of the City granting an application for an extension of time to
obtain a full building permit. A copy of the decision of the Design Review Board
of May 6, 2005 is included in the Appendix hereto at A 1 through A2.
I. JURISDICTION OF THE MIAMI BEACH COMMISSION
The Miami Beach Commission has jurisdiction pursuant to Section 118-
262 of Article VI, Chapter 118 of the Miami Beach Code, as amended, which in
pertinent part states:
[A]n affected person. . . may seek review of any order of the design
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review board by the city commission. . . . The review shall be
based on the record of the hearing before the design review board,
shall not be a de novo hearing, and no new, additional testimony
shall be taken. . . . Upon receipt of the request, the city clerk shall
place the request for review on the city commission agenda. The
city commission shall set a date and time for a hearing.
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In order to reverse, or remand for amendment, modification or
rehearing, any decision of the design review board, the city
commission shall find that the design review board did not do one
of the following:
(1) Provide procedural due process;
(2) Observe essential requirements of law; or
(3) Base its decision upon substantial competent evidence.
See Section 118-262(a) & (b). The Design Review Procedures Ordinance, as
amended, is included in the Appendix as A3 to A 15.
II. FACTUAL BACKGROUND
This petition arises from the failure of the Design Review Board to require
the applicant Hotelerama (1) to disclose, as required by law, the identity of the
individuals having the ultimate ownership interest in the property subject of the
application for an extension, and (2) to notify the owners within 375 foot radius of
the property at 4441 Collins Avenue.
A. Hotelerama's Failure to Disclose Ultimate Ownership Interest
In October 1, 2003, Hotelerama Associates, Ltd. ("Hotelerama") filed an
application for a Design Review approval. 1 At the time the application was filed,
Hotelerama was not the only owner of the property subject of the application
since by virtue of a Special Warranty Deed dated October 10, 2002, it had
granted to TL Fontainebleau Tower Limited Partnership ("TL Fontainebleau") an
I The application of Hotelerama was filed in October 1, 2003 and is included in the Appendix as A 16 to
A31. The Design Review Board approved Hotelerama's application by Order of December 1, 2003 (the
"Order"). The Order is included in the Appendix as A32 to A35.
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ownership interest in the property.
As of this date, there has been no disclosure of interest concerning TL
Fontainebleau as required by the Design Review Procedures Ordinance and the
By-Laws and Rules of Order of the Design Review Board, despite the transfer of
title from Hotelerama to TL Fontainbleau,2 Moreover, TL Fontainbleau has sold
part of its interest in that land to other individuals and entities since October 2002
but there has been no disclosure as to any of these individuals or entities either.
B. Failure To Disclose Ownership Interest
In The Application For Desian Review Approval
On March 8, 2005, Hotelerama filed an application requesting Design
Review Board review of an application for extending for six months the time to
obtain a building permit (or until November 7, 2005) The request for the
extension (hereinafter, the "March 8 Application") is included in the Appendix as
A43.
At the time of this March 8 Application, Hotelerama again did not provide
any disclosure concerning TL Fontainbleau or any of the entities and individuals
who have the ultimate ownership interest of the property subject to the extension
application, Property records show that TL Fontainebleau is a Florida limited
partnership whose partners include JS Collins, LLC, a limited liability company,
as General Partner and JS Collins II, LLC, a limited liability company, as
managing member. The property records are included in the Appendix as A 44
to A47,
Additionally, at the time the application for an extension was presented,
2 The By-Laws and Rules of Order of the Design Review Board is included in the Appendix as A36 to A
42.
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the owners of the property were not disclosed to the Design Review Board as
required by law.3 As shown in two examples of Special Warranty Deeds made
on February 7 and 8 of 2005, TL Fontainebleau has transferred by deed to
numerous individuals and entities part of the land subject of the request for an
extension of time. These two Special Warranty Deeds and Miami Dade County
Records of 202 additional deeds are included in the Appendix as A48 to A68.
c. Failure to Notify Owners Of the Hearina
Moreover, the Design Review Board ignored the failure of Hotelerama to
comply with the notice requirements of Section 118-254 (b) of the Code, which
require that U[n]ot less than fifteen (15) days prior to the public hearing date, . .
notice shall also be given by mail to the owners of record of land lying within 375
feet of property . ..." See Appendix at A7. 4
A simple search of the online Miami-Dade County public record shows
that numerous undisclosed individuals and entities have acquired ownership of
condominium units in Fontainebleau II within the area required to be notified. Yet
none of these owners of record received notice of the hearing requesting Design
Review board's approval.
Instead, Hotelerama filed a February 15, 2005
certification which shows that it mailed the Notice of hearing to itself.
Since Hotelerama failed to comply with the notice requirements of the
Miami Beach City Code and the By Laws of the Design Review Board, the
decision granting the application for an extension of time should be reversed.
3 See Section 118-254; Article II ofthe By Laws.
4 Article III, Section 1 of the By Laws has a similar notice requirement.
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III. THE NATURE OF THE RELIEF SOUGHT
Petitioner seeks an order reversing the Order entered below by the Design
Review Board granting Hotelerama's application for a six month extension of
time to obtain a full building permit for the project by November 18, 2005. See
Appendix, at A 1 to A2. At a hearing held before the Design Review Board on
April 19, 2005, these issues were raised, but were summarily rejected by the
Board. A copy of the transcript of the hearing is included in the Appendix hereto
as A69 to A107.
IV. ARGUMENT
As demonstrated in this Petition, the Design Review Board failed to:
(1) Provide procedural due process; and
(2) Observe essential requirements of law.
See Appendix at A12 to A13 (Section 118-262).
A. Petitioner Was Not Afforded Due Process
Due process requires notice reasonably calculated, under all
circumstances, to apprise interested parties of the pendency of the hearing
before the Design Review Board and afford them an opportunity to present their
objections. Mennonite Bd. of Missions v Adams, 462 U.S. 791 (1983). While
"the concepts of due process in an administrative proceeding are less stringent
than in a judicial proceeding, they nonetheless apply." Miami-Dade v. Reyes,
772 So.2d 24, 29 (3rd DCA 2000). The fundamentals of procedural due process
are: (1) a hearing; (2) before an impartial decision-maker, after (3) fair notice of
the allegations, (4) with an opportunity to present one's own case. These
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fundamentals must be applied in a meaningful manner. Fuentes v. Shevin, 407
U.S. 67, 80-82 (1972).
"Due process is a flexible concept -- that the processes required by the
Due Process Clause . . .. will vary depending upon the importance attached to
the interest and the particular circumstances under which the deprivation may
occur." Morrissey v. Brewer, 408 U.S. 471, 481 (1972). In this proceeding, the
fundamental fairness component of due process requires the disclosure of
relevant material facts concerning the ultimate ownership interest in the property
subject of the application. See. e.Q., Wolf v. McDonnell, 418 U.S. 539, 579
(1974) (due process clause assures that no person will be denied the opportunity
to present to the judiciary allegations concerning violations of fundamental
constitutional rights).
1. The Record of The Application Of Hotelerama
Evidences The Lack of Disclosure
ConcerninQ The Identitv of The Owners of The Property
The very integrity of the procedure at the Design Review Board has been
undermined by the failure of the Applicant Hotelerama to reveal as part of its
application who are the owners of the subject property. The evidence presented
at the hearing shows that the property is owned by corporations, partnerships
and individuals, who at this time remain unknown. See Transcript of the Hearing,
at 5-8, included in the Appendix as A73 to A76. Moreover, these corporations
and partnerships have failed to list the identity of their ultimate individual owners
and the percentage of interest owned by each one of them. See.!9.0 at A78 to
A81.
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As shown by the Special Warranty Deed dated October 10, 2002,
Hotelerama transferred an interest in the property to TL Fontainebleau Tower
Limited Partnership ("TL Fontainebleau").
The Special Warranty Deed is
enclosed in the Appendix as A44 to A47. TL Fontainebleau is itself a Florida
limited partnership whose partners include JS Collins, LLC, a limited liability
company, as General Partner, and JS Collins II, LLC, a limited liability company,
as managing member of the limited liability company. Although the application
for Design Review Board approval was filed on or about October 1, 2003,
Hotelerama failed to comply with the requirement that the ultimate ownership
interest be disclosed. That same material omission was repeated when
Hotelerama applied for Design Review Board's approval of an extension of time
on March 8, 2005.
This lack of information deprives Petitioner of a meaningful opportunity to
present a case against Hotelerama's application for an extension of time. See
Transcript of the Hearing, at 10-11, included in the Appendix as A78 to A79.
Petitioner can not formulate objections because the ultimate owners of the
property have not been revealed.
2. The Record Evidences The Lack of Notice To
The Owners of The Property Subiect of the Application
Additionally, petitioner was not afforded due process because certain of
the owners of the property located within 375 feet of the property have not been
notified, as required by Section 118-254 of the Code and the By Laws of the
Design Review Board. See Transcript of the Hearing, at 14-18, included in the
Appendix as A82 to A86. This failure to comply with essential procedural
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requirements deprives petitioner of due process in that the public interest
affected by the Hotelerama's request has not being heard on its views as to the
merits of the application for an extension.
A simple search of the County record shows, various individuals and
entities have acquired units in Fontainebleau II from TL Fontainebleau. Yet none
of these property owners "of record" were notified as required by law.s
The By Laws and Rules of Order of the Design Review Board require that
notice to property owners shall be given before a decision such as granting an
extension is rendered. This is of particular significance here because the
proposed extension threatens a constitutionally protected interest in property, but
these property owners have not been apprised of this adverse action.
What constitutes proper notice of property owners is an issue analyzed by
the Supreme Court of Florida in Delta Property Manaqement Inc v. Profile
investments. Inc., 875 SO.2d 443 (Fla. 3004). Although Delta Property
Manaqement is a decision concerning a notice of a tax deed sale under chapter
197 of the Florida Statutes, its holding concerning proper notice applies by
analogy here. As the Supreme Court stated: 'The importance of notice when a
person may be deprived of an interest in real property cannot be
overemphasized." .!9.0 at 447.
In Delta Property Manaqement, the tax collector prepared a statement
which listed the address of petitioner Delta as it appeared on the 1999 tax
assessment rolls and forwarded the statement to the clerk of the circuit court on
May 30, 2000. The clerk waited more than three months before preparing a
5 Additionally, T L Fontainebleau Partnership should also receive notice.
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notice of tax sale, which was mailed to Delta at their address as it appeared in
the 1999 rolls. The notice was returned to the clerk as undeliverable since Delta
was no longer located at that address.
Faced with an action to quiet title to its property filed by the respondent
Profile Investments, Delta asserted that it was still the titleholder because the
clerk had failed to provide proper notice of the sale. .!9.0 at 445. The trial court
granted summary judgment in favor of Profile Investments concluding that "the
clerk was not required to look beyond the statement to determine whether the
names and addresses of the parties were correctly listed." .!9.0 The First District
Court of Appeal affirmed.
On appellate review, the Supreme Court of Florida quashed the Order
affirming summary judgment finding that, under the circumstances, notice using
the tax records was insufficient. The Court held: "While the clerk should use the
tax collector's statement when preparing the tax sale notices, circumstances may
warrant some additional action by the clerk." .!9.0 at 448.
As in Delta Property Manaqement, the tax records in this case were not
sufficient to provide notice since the ownership of the property has changed
since the initial application was filed in 2003. The circumstances here warrant
that Hotelerama's application be denied until it properly complies with the
notification to the property owners "of record" as required by Section 118-254 of
the Code. Instead of notifying the owners of the hearing, the applicant
Hotelerama notified itself. Moreover, the process to ascertain the names and
addresses of adjoining property owners is not a difficult task for Hotelerama since
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these names and addresses are readily of record and available from recorded
warranty deeds, which are available on-line.
For all of these reasons, the Order should be reversed for failing to comply
with due process.
B. The Design Review Board Did Not Observe Essential
Requirements Of Law Established in Their By Laws
The Design Review Board has not required that Hotelerama comply with
the disclosure of ownership interest requirements of the Miami Beach Code and
the By Laws of the Design Review Board.
Section 118-253 of the Code imposes the responsibility for the design
review process upon the Planning Department. In compliance with this
Ordinance, Article II, Section 1 of the By Laws and Rules of the Design Review
Board provides that:
Every application for action by the Board shall be made on the
appropriate official form. . . . The Planning Department shall be
responsible for determining the requirements for a complete
application, which shall include, among other requirements. . . the
completion and submission of a financial affidavit (in approved
form) attesting to the officers and the stockholders, partners,
beneficiaries or other interested parties, as applicable, so that the
identity of the individuals having the ultimate ownership interest in
the entity is disclosed.
See Appendix at A38. Moreover, the application form of the Design Review
Board also requires that the identity of the individual having ultimate ownership
interest be disclosed. See Appendix A1 09 to A 116. Requiring full disclosure and
transp"arency is essential to ensure that the Design Review Board fully discloses
all relationships to the applicant. Potential and actual conflicts would remain
hidden.
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Notwithstanding these legal requirements of disclosure of ultimate
ownership interest, the Board approved the application for an extension of time
without requiring Hotelerama to provide the required information concerning
ownership.
Moreover, the failure to disclose the ultimate owners implicates the
potential violation of Section 7 of the By Laws dealing with conflict of interest.
Section 7 provides in pertinent part:
Members of the Board shall abide by the applicable provisions of
Florida Statutes, Ch. 112 91195), as amended, Metropolitan Dade
County, Fla. Code Ch.2 (1987), as amended, and Code of the City
of Miami Beach Ch2, Art. III (1964), as amended, regarding voting
conflicts and disclosures of financial interests.
See Appendix at A37. The integrity of the governmental process is compromised
when an entity such as the applicant fails to comply with the ownership
disclosure requirements; in view of the failure of the Design Review Board to
require disclosure, as of this date, there is no way of establishing if a public
official of Miami Beach has an interest, financial or otherwise, in the property
subject of the application. To the extent that the Design Review Board has a
fundamental duty to avoid potential or actual conflict of interests, non-disclosure
is detrimental to the Board, and to the public in general because a perception is
created of possible influence over the Board's decision making process and of
lack of independence in the decision making process.
Finally, the failure of the Design Review Board to require Hotelerama to
notify the property owners "of record" as required by Section 118-254 of the
Code warrants reversal. This notification is an essential requirement of law that
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was not followed by the Design Review Board.
For all of these reasons, the Order should be reversed because the
Design Review Board did not observe essential requirements of law.
IV. CONCLUSION
The decision of the Design Review Board should be reversed on two
grounds, the lack of disclosure of ownership and the lack of notice to the owners
of record. Accordingly the Design Review Board failed to provide procedural due
process and to observe the essential requirements of law.
Respectfully submitted,
6L~
KENT HARRISON ROBBINS
Attorney for the Miami Beach Hotel Investors, LLC
1224 Washington Avenue
Miami Beach, Florida 33139
(305) 532-0500
Florida Bar No. 275484
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing was on May If" 2005 sent by certified mail to:
Building Director
Miami Beach Building Department
2nd Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
Carter N. McDowell, Esq.
Counsel to Hotelerama
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard
Miami, Florida 33131
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KENT HARRISON ROBBINS
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CITY OF MIAMI BEACH
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DESIGN REVIEW BOARD MEETING
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RE: DRB FILE NO. 17369
4441 Collins Avenue - Fontainebleau III
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1700 Convention Center Drive
3rd Floor
Miami Beach, Florida
Tuesday, 8:40 a.m.
April 19, 2005
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DIAMOND REPORTING GROUP, INC. 305-662-5855
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APPEARANCES:
KENT ROBBINS, ESQ.,
Attorney for Miami Beach Hotel Investors,
LLC.
BILZIN, SUMBERG, BAENA, ,PRICE & AXELROD,
LLP,
by CARTER N. McDOWELL, ESQ.,
Attorneys for the Applicant.
BOARD MEMBERS:' Clotilde Luce
Janet Grant Hyman
Peter Chevalier
Gregory Neville, Chairman
Alex David
Mike Steffans
Thomas Mooney
william Cary
Gary M. Held
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I N D E X
WITNESS
PAGE
Tony Brown
. Stefani.e Bauer
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MR. MOONEY: The second request for an
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extension of time is DRB File No. 17369. This is
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4441 Collins Avenue, the Fontainebleau III, and
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the applicant is requesting a six month extension
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of time to obtain a full building permit for a
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previously issued Design Review approval for the
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construction of a new 18 story hotel tower and
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staff has no objection to this request and we
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would recommend that the request be approved
subject to the conditions enumerated in the Staff
report.
There may be public comment on this so --
MR. NEVILLE: Okay.
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MR. McDOWELL: Good morning.
For the record,
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my name is Carter McDowell, representing the
applicant for the extension of time. We have
submitted full building permit plans for this
project. We submitted them in February, actually,
and we are working diligently to get the building
permit issued.
There is still a chance that we will have a
building permit issued by the May 7th expiration
date. We have been held up primarily by the State
of Florida Coastal Construction review. As
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everyone is aware, the State got hit by four
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hurricanes last year. As a result, coastal
construction permits have just ballooned statewide
and the State Division of Beaches and Shores and
the Florida Department of Environmental Protection
is just overwhelmed with the applications that
have been submitted.
As a result, they are taking absolutely every
last day of their review process that they're
entitled t6 under the Administrative Procedures
Act. That is longer than it has historically
been, and we have been trying, I can tell you,
having done it personally, to get them to review
our plans so that we get the permit issued timely.
But, in all candor, we just don't have any
control over them.
That is something that is
beyond our control and is holding up the permit;
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otherwise, we would have the permit at this point.
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I would note, because I think you're about to
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hear objections from Mr. Robbins who represents
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the neighbor, that the standard for the requ.e.st
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for an extension of time is for good cause.
I
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would suggest to you that a third party review
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agency, that is taking much longer than it has
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historically taken and that is something that is
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well beyond our control or the City's control,
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certainly constitutes good cause for the extension
of time.
We also requested an extension of time on our
variances, which were granted for this project and
that extension of time was granted a few weeks
ago.
Rather than take more time, since I'm sure
Kent will take some of your time, I would reserve
time for rebuttal and to respond to any testimony
and evidence that Kent may put in the record.
MR. NEVILLE:
Thank you, Carter.
Anybody from the public that would' like to
speak?
MR. ROBBINS: My name is Kent Harrison
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I'm an attorney. My offices are at 1224
Robbins.
Washington Avenue.
I'm registered to speak here
on behalf of the Miami Beach Hotel Investors, LLC,
which are located at 4385 Collins Avenue, Miami
Beach. They own the fee simple to the property
immediately to the south on Collins Avenue, .~outh
of the property that's subject to the hearing
today.
I would like to raise some technical issues.
I have a court reporter here today. We need to
create a record for appellate purposes.
So it may
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take a few minutes more than we usually need to
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take in order to make certain that all the
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documents are included in the record as we are
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compelled to do so in order to have adequate
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appellate review of this process.
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First of all, in order to just expedite
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matters, I would like to introduce into the record
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eight items, and I want to quickly just go into
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it.
Some'bf them, we may be able to take judicial
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notice of; some may not. But I might as well just
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get them into the record now just to expedite
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matters.
No. 1 is the Miami Beach Land Development
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Regulations, Section 118251 at Sequentia, which
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are the Design Review Board approved procedures.
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No. 2 is the City of Miami Beach Design
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Review Board's bylaws.
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Exhibit 3 is the City of Miami Beach Design
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Review and application form.
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No. 4 four is the - - No. 3 includes the....
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instructions.
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No. 4 is the standard application form for
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Development Review Board hearings, disclosure of
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interest section.
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No. 5 is a special warranty deed
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October 10, 2002 from Hotelerama Associates, LTD
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to TL Fontainebleau Tower, Limited Partnership, a
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Florida Limited Partnership.
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I have provided a copy of that to
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MR. McDOWELL: No, you did not.
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MR. ROBBINS: I provided it to you at the
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last hearing.
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I'll give you another copy then, and I'll be
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happy to give that to you now.
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MR. McDOWELL: You just waved it at me. You
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did not give it to me.
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MR. ROBBINS: Here's a copy of it.
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And then I'm also including in there,
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warranty deeds, two warranty deeds, and a list of
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other owners of condominiums that were deeded from
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TL Fontainebleau Tower Limited -- Limited
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Partnership to Heinz Bach and Inga Bach, his wife;
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also another warranty deed to Stuart Hauser and
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Diane Hauser and then a list from the property
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records of 46 other persons who were deeded ."
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warranty deeds from the -- from TL Fontainebleau
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Tower, Limited Partnership to these individuals,
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and I'm going to submit that, and that will be my
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last exhibit, No.7.
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MR. McDOWELL: For the record, I object.
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these and it's going to take a few moments of my
time to do that.
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Here's the Design Review Board process and
application form.
I gave you the special warranty
deed.
MR. McDOWELL: You gave me one of the 46 that
you had already.
MR. ROBBINS: Then the specialty warranty deed.
Here's the'first one and the second one that Miss
Hauser, Mrs. Bach. Mr. and Mrs. Hauser and Mrs.
Bach, and then attached to it is a list from the
recorder's office from 46 other persons who
received title.
Would you like a copy of the bylaws again?
MR. McDOWELL: No.
MR. ROBBINS: I'd like to introduce that into
the record, and then I'd like to
MR. NEVILLE:
Excuse me.
Gary, would you like to add something?
MR. HELD: Well, we've heard the argum~~t
previously in front of -- and I forget which board
it was.
MR. NEVILLE: Boards of Adjustment.
MR. HELD: Kent, out of fairness, if there's
a short and a long form if you can use the short
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version, that would be appreciated, because,
really, what you're making are legal arguments as
to the efficacy of the application itself and not
the merits of whether there should be a
continuance at this point.
MR. ROBBINS: Well, that's correct.
Our
contention is that the application is incomplete.
Under the City of Miami Beach Design Review Board
bylaws and'rules of order, applications to the
Board, Article 2 of that bylaw, Section 1,
application:
"Every application for action by the
Board shall be made on the appropriate form."
And then it goes on and says, "It shall
include the completion and submission of financial
affidavit attesting to the officers and the
stockholders, partners, beneficiaries or other
interested parties as applicable so that the
identity of the individuals having ultimate
ownership interest in the entity is disclosed."
That's required by the bylaws.
Now, also in the bylaws
excuse me, in the
Design Review applicaton, it states specifically,
under instructions for Design Review Board
approval, under 2, application requirements,
Section 1:
"A completed application form with
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written description of the proposed action, a
2
signed and notarized owner's affidavit and the
3
completion of a disclosure of interest form," once
4
again.
So this is a requirement, and then there's
5
the standard disclosure of interest form, and I'm
6
submitting those.
7
That disclosure of interest form is deficient
8
in the underlying application and should also be
9
included in the application for this extension of
10
time, a completed disclosure of interest form.
11
As you all know, disclosure of interest is
12
required in order to assure that there's no
13
conflicts among this Board. Unfortunately, that
14
disclosure has not occurred, and the requirement
15
is that all interested parties shall be disclosed.
16
And I have submitted a warranty deed that I
17
referenced earlier, which shows that Hotelerama,
18
the applicant here, in fact, had transferred some
19
of its interest to TL Fontainebleau Tower, Limited
20
Partnership back in October, 2002.
That was.,.not
21
disclosed in the disclosure form required
22
under the original application and I'd ask you to
23
take judicial notice of that form.
24
MR. McDOWELL:
If I might, let me object to
25
attacking the underlying application that was
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approved more than a year ago. There was no
2
appeal filed of that application at that time.
3
MR. ROBBINS: I'm not finished.
4
MR. McDOWELL: That's trying to
, ,
5
collaterally --
6
MR. ROBBINS: I'm not --
7
MR. McDOWELL: Although it was filed more
8
than 16 months ago.
9
MR. NEVILLE: All right, Carter. Let him
10
finish, then we'll just move on
11
MR. STEFFENS: Does this have any bearing on
12.
what we're doing here?
13
MR. ROBBINS: Absolutely. It's a question of
14
whether or not the application for action by the
15
. .
Board today is complete and they're compelling
16
that all interested parties shall be disclosed
17
attesting to the officers, stockholders, partners,
18
beneficiaries or other parties as applicable.
19
MR. NEVILLE: Mr. Robbins, if they did take
20
care of this paperwork, you wouldn't have a~y'
21
objections to the extension of permits?
22
MR. ROBBINS: Excuse me?
23
MR. NEVILLE: If they did
24
MR. ROBBINS: No, we have substantive
25
arguments.
I have my clients here, Mr.
Brown
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who's an owner will go into the substance of why
it should not be extended based on the behavior
and activities of the applicant because of
bad faith on their part and failure to respect the
neighbors that should not be extended.
But that's a separate and distinct argument
that will be put on by sworn testimony.
MR. McDOWELL: Also irrelevant to the matter
before you'. The issue is, is there good cause for
an extension of time.
The zoning laws have not
changed. We have presented to you the basis for
good cause for extension.
So all of the arguments
that Mr. Robbins is putting before you are
irrelevant.
MR. NEVILLE: You can have some time for
rebuttal, Carter.
MR. HELD: Just to help the Board sort
through some of the argument that Mr. Robbins
is making, those points that he is making to the
original application, in my mind are foreclosed*
because they were not appealed or part of
challenge within 30 days from the date of the
original application.
Those issues that he's
raising as part of the current application, if
they had merit, are timely.
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The question is whether they had merit.
2
There's a difference of opinion as to whether to
3
who should be notified as part of an application
4
and who should be disclosed as part of an
5
application and those are issues that we just have
6
disagreement on and whether they have merit or not
7
will not be decided by this board but a probably
8
by a court if Mr. Robbins sues on those issues.
9
He is'entitled, as a matter of due process,
to make these arguments though we do ask him to be
brief so we can move on with agenda.
MR. NEVILLE:
Okay.
Could you be brief?
MR. ROBBINS:
I will.
I went through the
disclosure requirement involving interested
persons disclosing down from the individual
persons.
It's clear title is transferred to TL --
to the Fontainebleau entity from Hotelerama. That
was not disclosed nor -- and they did not join in
the application.
That's the disclosure fai~ure.
Then we can go to the next step, and that's
the failure to give adequate notice under the
design review procedures, Land Development
Regulations, Section 118253, Section B:
"Notice
shall be given by mail to the owners of record of
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land lying within 375 feet of property.
The mail
2
notification requirement shall be the
3
responsibility of the applicant."
4
Included was list of the persons who received
5
mail notice.
Those persons did not include
6
persons of record, owners of record, who should
7
have received notice.
8
MR. McDOWELL: Do you represent any of the
9
parties? '
MR. ROBBINS: May I finish my argument?
MR. NEVILLE: Carter, let him finish.
12
MR. McDOWELL: It's relevant as to whether he
13
represents any of the parties.
14
MR. NEVILLE:
Save your questions to the end.
15
That way we can just keep this thing moving.
16
MR. ROBBINS:
This is a jurisdictional
17
requirement, and this is a requirement of a
18
complete application.
It compels provision and
19
requirement, as you can see on the application
20
form, of notice to owners of record of land .~ying
within 375 feet of the subject property.
That was
not done.
23
That's required not only by the land
24
development regulations, which is part of the
25
Miami Beach code, but that notice no part owners
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of record of land is required also by the City of
2
Miami Beach Design Review Board bylaws and
3
rules of order.
That's Article 3, Section 1,
4
notice:
"Notice shall also be given by mail to
5
owners of record of land lying within 375 feet of
6
the subject property. II That notice was not
7
provided.
8
Unfortunately, 48 people that we know of,
9
according'to the records, who own condominiums who
10
are going to directly adversely be affected by a
11
building blocking their view of the ocean, don't
12
even have notice of this motion for extension of
13
time to be able to come here and object.
14
Now, you have a duty and a responsibiity to
15
assure that the application is complete and to
16
assure that there's adequate notice and if 48
17
residents or owners of this city, who should have
18
gotten notice did not get notice, it's encumbent
19
upon this Board to assure that that notice is
20
given, and they are owners of record.
21
Now, you're going to hear argument of counsel
22
saying, well, they gave notice of the persons that
23
are on the tax rolls. Well, these are the people
24
affiliated to and who have actual knowledge and I
25
gave him notice three weeks ago again that these
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persons, 48 people, did not receive actual notice,
2
and these are people to whom they gave transfer
3
of title to the Fontainebleau entity, and then the
4
Fontainebleau entity who Mr. Carter claims that he
5
is associated with and represents and is
6
affiliated with in the prior hearing on this
7
matter, that entity failed; then gave title to 48
8
property owners.
Yet those property owners to
9
whom they'have actual notice were not provided.
This is an issue of due process.
These
people's properties and interests are adversely
affected and yet the process is not being followed
when they have actual notice that4 8 people for
whom they gave deeds to who are going to be
affected by this building being built that will
block their building immediately adjacent, which
was also on the Fontainebleau, originally on the
Hotelerama site will now not get -- have not
gotten notice and will not have an opportunity to
argue here and to make arguments here.
This is a matter of fundamental due process.
These are the two main issues that I'm raising at
this time.
My client, Tony Brown, who is manager of the
hotel will talk to you about the problems they
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have, and I think you should be aware of that to
2
take that into consideration, which is in your
3
discretion whether or not to give this extension
4
of time, and they will make their presentation at
5
this time.
6
MR. NEVILLE: Thank you, Mr. Robbins.
7
MR. McDOWELL: Can I ask Mr. Robbins a couple
8
of questions?
9
MR. NBVILLE: Yes, go ahead.
10
MR. McDOWELL: Mr. Robbins, do you represent
11
any of the parties that are the recipients of any
12
of the deeds that you were questioned about here
13
today?
14
MR. ROBBINS: No, I do not.
15
MR. McDOWELL: Thank you.
16
MR. NEVILLE: Would anyone else from the
17
public like to speak?
18
MR. ROBBINS:
I want to make it real clear.
19
Notice is a matter of due process.
It does not
20
matter who I represent.
It goes to this Bo~~d's
21
duty to represent the public interest.
22
If you don't have people here to complain,
23
how can you do your duty as representatives of the
24
City looking out for the public.
25
Mr. Brown?
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MR. BROWN: Good morning.
I'm Tony Brown.
2
I'm the manager of Miami Beach Hotel Investors,
3
which owns the Sovereign Hotel, which is the hotel
4
directly south of the Fontainebleau properties.
5
We have, over the course of the last
6
two years, watched the building of the
7
Fontainebleau II, the demolition of the hotel next
8
door, which I thought was a historical hotel and
9
obviously'they were able to tear it down.
We have been, I think, pretty good neighbors up to
this point in time. We've met with the Musses.
We've met with the Turnberry people and really
with no satisfaction whatsoever.
We have construction debris over our property
all the time. We have dust blowing in our
property. Our windows on the south side have been
ruined.
MR. HELD: Excuse me, Mr. Chair.
I
apologize, but Mr. Robbins indicated that this
would be sworn testimony, and we didn't swea~any
of the witnesses.
MR. NEVILLE: Do you want to do that?
MR. HELD: We should go ahead and do that.
Might as well do the room, the whole room.
So
everybody who intends to testify on any of the
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matters coming before the Board today, please
2
stand and raise your right hand.
3
(Thereupon, the witnesses were duly sworn.'
4
MR. BROWN: I can go on and on, but I'm going
5
to try to make brief.
I brought several photos
6
which, if allowed, I'd like to pass out to the
7
Board showing some of the debris and certainly the
8
blocking of Collins Avenue and our property.
9
I don~t believe that this Board approved
either Fontainebleau II or Fontainebleau III with
the idea of the Sovereign becoming the alley,
the alleyway, for the Fontainebleau. That, in
essence, is exactly what has happened. We get
their garbage.
It is not unusual, during
. .
. .
construction in the morning, to have 70 to 80
people standing in our front lawn. Our driveway
is totally and completely blocked. Our building,
a disarray; our pools and air conditioning units
shut down by the debris and it goes on and on and
on.
21
One thing I'd also like to say is that I
22
personally met with several of the purchasers of
23
Fontainebleau II and the two that I met had no
24
idea whatsoever that there was another building
25
being built directly in front of Fontainebleau II.
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They, from beginning to end, put up their deposit
2
approximately three years ago.
It was a
3
non-refundable deposit 30 percent I believe
4
or 33 percent of the purchase price and not until
. .
5
just recently did they find out there would be an
6
an 18-story structure built in front of their
7
building. And, last but not least, of record
8
there are 46 or 48 deeds of record, but I believe
9
that there' are over three hundred purchasers, over
10
three hundred people who have bought in the
11
Fontainebleau II and who have a right and who have
12
had a right to know exactly what is going on in
13
there property, and it is this Board's and this
14
City's and their attorney's fiduciary obligation
~ :
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to protect them.
16
May I pass these out?
17
MR. NEVILLE: Do you want to pass them to us
18
and have us pass them around? Is that what you
19
want?
20
MR. BROWN: Yes. Basically, they're a~l
21
single pictures. They show the debris.
They show
22
the total blocking of our driveway on Collins
23
Avenue, which is a normal thing so that no one can
24
get in and out of our building or find our
25
building for that matter and when one looks at the
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property -- I don't even believe that the use of
2
the property, as it sits today, conforms with the
3
approval of the original site plan because all the
4
residents, I believe, are supposed to be coming in
5
and out of that entrance and it is nothing more
6
than a construction entrance.
7
MR. NEVILLE: All right.
Thank you.
8
MS. BAUER:
I'm Stefanie Bauer.
I'm the
9
manager of'the hotel, the actual Sovereign Hotel.
10
And I just want to support what Mr. Brown said.
He does live on the property.
11
12
There are quite a few of the new owners that
13
have come over to our hotel and were not notified
14
that a new hotel was going to be built in front of
: :
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them.
16
The effect that this has on the property
17
owners, both in Fontainebleau II as well as the
18
neighbors going South as well as the neighbors
19
going north is very profound. We have just as
20
much of an interest, a vested interest, in ~he
21
community as the owners of the Fontainebleau and
22
really would like you to consider our appeal to
this.
23
24
These pictures, we have a number of other
25
pictures, but it just clearly shows you what
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happens when those jackhammers start at six
2
o'clock in the morning on the north side of our
3
building. You can imagine how many people check
4
out. This is a vacation area. How many people in
5
Fontainebleau II are going to be in their
6
condominiums when jackhammers start at six o'clock
7
in the morning.
8
Please consider this. It's very important.
9
We're very' invested in this community. We're
looking at other investments in the community but
this is really affecting our ability to be a good
neighbor.
MR. NEVILLE: Thank you.
Would anybody else from the public like to
speak on this?
Carter, I promised you some time for
rebuttal.
MR. McDOWELL: While I'm thinking about it,
the photographs that you see, some of which are
from the time that we were demolishing the
building next to them, are now six months old.
As far as -- we have had a few minor
complaints from people about their own vehicles
and other things since August, but really nothing
since then..
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It is true we demolished the building next to
2
their building, and as any of you know in the
3
construction proc~ss, it's virtually impossible
4
not to have some impact on your neighbor at that
5
time.
6
During that period of time we were pwaying to
7
cleaning their pool and their decks. We have paid
8
to repair any damage that we actually have caused
9
on their property. We have a photographic record
10
of the condition of their property before we began
11
the demolition and after. I'm not going to take
12
the time to submit it to you, but, yes, we had
13
impact an impact on them when we were demolishing
14
that building. There's no way not to. That
::
15
building had a five foot setback.
16
The building that's before you for an
17
extension of time, and I remind you the only thing
18
before you is an extension of time for an approval
19
for us to get a building permit to build a project
20
that this Board approved unanimously 18 mon~hs
21
ago.
22
We are in the process, as I have said to
23
you of pulling that building permit. The plans
24
have been submitted.
2S
I'd like to submit for the record -- and I
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find it, shall we say, remarkable that our
2
neighbor is complaining to you about people who
3
are not in the room and who do know about this
4
building.
Yes, they're saying that there are
5
owners in Fontainebleau II, which there are at
6
this point.
They've recently begun to close those
7
units. Those property owners, in the documents
8
that they signed, there was clear explanation and
9
disclosure' of Fontainebleau III.
I can't promise
10
you that everyone of them read those documents
11
and understood them, but there was an absolutely
12
clear disclosure that Fontainebleau III was going
13
to be built.
14
I ask you to think it through. Would we as
15
a property owner put ourselves in a position where
16
the people we sold to are going to bring some sort
17
of legal action against us for not disclosing the
18
fact that we were going to build another building
19
on the property? I think just pure logic would
20
tell you that we wouldn't be so foolish as t9 do
21
that.
22
I will show you, for the record, and it's
23
already in the record, we're going back to Kent's
24
questions about disclosure, et cetera.
On the
25
the notice issue -- on the disclosure issue first.
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Fontainebleau III is the property in front of
2
Fontainebleau II, not the footprint of
3
Fontainebleau II. The Fontainebleau II
4
condominium is based on air rights. The deed that
. .
5
he gave you that talks about air rights and a
6
partial interest having been sold to TL
7
Fontainebleau, Limited Partnership, if you read
8
the limited description
9
begins 76'feet in the air. There has been no
10
separation of ownership of the land itself. There
is a single parcel.
It is owned by Hotelerama
Associates, Limited Partnership, as we sit here
today.
Kent has suggesed to you that notice has not
. :-
been properly given.
I'm going to hand out to
you
And I have an extra copy for you, Kent, if
you'd like it.
-- excerpts from the City of Miami Beach Land
Development regulations and Florida Statute~~ I
have folded a couple of paragraphs in here because
I think their important for you to understand the
process for notice both as in the local law of the
City of Miami Beach and the State statutes.
There is a practical real-world issue when
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you have to give notice to the neighbors. How do
you identify them? Kent would say to you that we
have to do a title search on every property and
make sure that we have found them. That is not
. '
the law.
2
3
4
5
6
If you notice in bold under this Section
7
118164 of the Land Development regulations of
8
Miami Beach, in bold it says, "If the proposed
9
amendment'involves ten acres," et cetera, et
cetera, "the City shall notify, by mail, each real
property owner whose land the City will
redesignate by enactment of the ordinance and
whose address is known by reference to the latest
ad valorem tax records." That is the legal
.. ".
standard for notice, both in the City's Land
Development regulations and I've bolded two
sections from it.
I've also provided to you Chapter 1633181 of
the Florida statutes but, more importantly, that
then references, in the last portion of that.
excerpt, Chapter 16604132 B, which is the notice
requirements that are applicable to Land
Development regulations within_any city in the
State of Florida.
I have, again, bolded a portion
of the State statutes:
"The governing body shall
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direct the ~lerk of the governing body to notify
2
by mail each property owner owner whose land the
3
City will redesignate by enactment by reference to
4
the latest ad valorem tax records."
5
The courts and the law is very clear that the
way you provide notice is you go to ad valorem tax
6
7
records, as CU is listed in the tax records, and
8
you provide notice on tha~ basis.
We have
9
provided that list, as required, under both the
bylaws and the rules of the City of Miami Beach
and listing the property owners within 375 feet
and they have been provided notice.
I'm also going to hand out to you printouts
from the Dade County Property Appraiser's web site
which I printed out as recently as last night.
You'll notice the bottom of the page is dated
4-18-05. These are the tax records addressing the
properties that Kent has complained about in terms
of who's listed on the tax records for the
Fontainebleau property, itself, Fontainebleau II,
etc. You'll see that none of the property owners
that Kent has complained about, which he does not
represent, are listed in the tax rolls; therefore,
the notice that was provided is in accordance with
both state law and Miami Beach laws and rules and
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regulations and is proper.
So we have met the
2
notice requirements.
3
In terms of the disclosure of interest, this
4
is Fontainebleau III, not Fontainebleau II that's
, .
5
before you.
There is no other party
6
other than Hotelerama that has an interest in
7
that piece of property and so we have provided the
8
proper disclosure of interest with regard to
.
9
that.
. .
10
You've heard from neighbors that we caused
11
problems during construction.
I'm not here to
12
tell you that we didn't have some impact on them.
13
We clearly did.
When we did, we addressed those
14
issues. You see pictures that show some debris
: ~
There
15
adjacent to the property. That is true.
16
was debris that fell during the actual demolition
17
process. We cleaned it up. To the extent it
18
caused any damage, we repaired it.
19
I suggest to you that it's not possible to
20
demolish a building with a five-foot setback~hat
21
was nine stories tall and not have some impact.
22
We clearly did. We have addressed those.
All of
23
the things you've heard complaints aboout are now
24
months old, but it's also with respect to my
25
neighbors and to this Board really irrelevant to
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this consideration. The issue is whether there's
2
good cause for an extension of time for this
3
permit.
4
We have submitted -- it's not as if we have
5
not submitted our building permit plans to the
6
City for this project. We are held up by a third
7
party State agency that is impacted by natural
8
events for hurricanes in the last year.
There is
9
absolutely'good cause for the extension of time.
We asked only for six months, and the only reason
we picked six months is we really don't know. We
can't control that.
I believe that there is a
significant chance we'll have a building permit by
May 7th.
I promise we're doing everything in our
: :
power to try to get that building permit by that
time, but we would ask you to grant the extension
of time. And if Mr. Robbins and his clients
decide they would like to see us in court, I guess
we'll see them there in court.
MR. NEVILLE: Thank you, Mr. McDowell. .'
Gary? Gary?
MR. HELD:
I just want to clarify for the
record, Carter, when we did swear everybody in, I
noticed you raised your hand, which wouldn't have
been reflected unless we commented on it.
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MR. McDOWELL:
Mr.
I appreciate that.
2
Robbins is going to ask for rebuttal.
In fact,
3
we're the applicant.
That would be re-rebuttal.
4
Technically under your rules it doesn't exist.
5
I'll leave it up to you as to whether
6
MR. NEVILLE:
Is there something that you'd
7
like to add very briefly, Mr. Robbins?
8
MR. ROBBINS: Yes.
It's a rebuttal as
9
allowed under the bylaws.
There's a reference by Mr. Carter to the code
of Miami Beach as to using tax records. That only
applies to actual zoning map changes. That
ordinance that was referenced only is as to
changes in the zoning code, not as to Design and
Review Board process.
So that was not applicable
and it's, in fact, misleading.
Also, the quoting of the Florida Statutes
also applies to Zoning and Planning applications,
not to Design Review Board applications. We have
our own code.
Our code Is specific. All prQperty
owners of record, and "of record" means you
provide a warranty deed.
The warranty deed is of
record. And it's not like we're trying to put a
great burden on these people.
They know who they
deeded this property to.
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Finally, let's go into the other issue of
2
disclosure of interest.
His attempt to mislead
3
this Board as to Fontainebleau II and
4
Fontainebleau III and trying to distinguish the
5
two in one way one in one regard and then trying
6
to say it's the same thing with respect to -- in
7
another regard.
8
This is a unified parcel.
The old
9
Fontainebleau, Fontainebleau II, Fontainebleau III
10
are all part of the unified parcel.
11
In order to obtain approval and application,
12
they had to go through the unity of title process,
13
and the fact there's unity of title and there's an
14
agreement referenced in the warranty deed to the
15
Fontainebleau entity from Hotelerama referencing
16
those common agreements.
17
So in an application process, they have to
18
disclose all the persons who have an interest that
19
are part of the application process.
The
20
Fontainebleau entity known as TLTJ Fontainehleau,
21
the deeded entity, which is not just the air
22
rights but actually the entity that owns the
23
common interest of the condominium. And the
24
actual entity which grants interest in the
25
condominium units, that entity was not disclosed
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in the disclosure form.
Those persons who have
2
ultimate ownership were not disclosed in the
3
disclosure form and they were not disclosed either
4
in the original application nor in the current
5
application.
6
So there's a defective disclosure as to all
7
persons who are really making application for
8
extensions of time, because all these persons are
9
part of this entity this unified site, which is
part of the application process.
So that those
individuals who have ultimate interest were not
disclosed and that entity was not disclosed before
nor at this time, as we speak right now, we do not
know who owns that interest at this time and who
are the ultimate owners and that's being hidden
and not put into the record.
Whatever the reason is for that, there's a
need to determine whether there's conflicts of
interest an this Board has a duty to determine
that to make certain that nobody has a
relationship whatsoever to any of the persons who
have an ultimate interest. They have failed to
disclose that. They've had every opportunity
to disclose it. We made this objection three
weeks ago before the Board of Adjustments.
They:
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failed to correct the record then.
2
What are they trying to hide? That's all I
3
have to say today.
4
MR. NEVILLE: Thank you.
5
Anybody else from the public like to speak?
6
All right. We're going to close it up to the
7
floor and bring it up to the Board.
8
Let me just ask Tom or Gary.
In dealing with
9
these construction site issues, what is the
neighbors' avenue of -- I hesitate to say proper
avenue of complaining and solution of
MR. MOONEY:
It's an administrative issue
that needs to be addressed by the building
official.
It's not within the purview of this
... ....
Board. This isn't the only time that this type of
situation has arisen. There's countless other
sites, construction sites in the city, where the
contractor is infringing on the rights of the
neighbors, and it's something that the neighbors
ne~d to address directly with the building
official so that the building official can enforce
the laws and requirements of both of the Florida
Building Code and
MR. NEVILLE: So if there's any sort of rules
that are being violated, they need to go to the
~to>
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building department to have those resolved, not to
2
this Board.
3
MR. MOONEY: Yes.
4
MR. NEVILLE: Gary, can I ask a few
, ,
5
questions?
6
MR. HELD: Sure.
7
MR. NEVILLE:
Is it, as Mr. Robbins stated,
8
our duty to make sure everyone is notified of
9
these meetings? This Board's duty?
10
MR. HELD: No.
I believe that would be
11
Staff's duty and Staff has set up the procedures.
12
They have interpreted this ordinance to require an
13
applicant to submit a certified list of property
14
owners from the property appraiser's tax records
. .
. .
15
and, in each application, before an application is
16
put before this Board they determine that the
17
application is complete and properly noticed and I
18
would have to confirm that that was done in this
19
case.
20
MR. NEVILLE:
Is it also our duty to make
21
sure that there is proper disclosure of ownership
22
for this Board to -- is that, our duty?
23
MR. HELD: Again, that's a department
24
responsibility.
25
MR. MOONEY: And that was done in both
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instances.
I think that counsel for the applicant
2
would tell you whether or not there were any
3
changes in the disclosure and he can do that on
4
the record.
5
MR. NEVILLE: But it is our duty to discuss
6
architectural design?
7
MR. MOONEY: Yes.
8
MR. NEVILLE: This is Design Review Board.
9
MR. MOONEY: And in this particular instance,
10
it would be your duty to discuss whether or not
11
there's good cause for granting an extension.
12
MR. HELD: Just to clarify, ultimately this
13
Board has the authority to determine whether
14
applications are properly before it its
15
discretion; whether to accept the department's
16
representations to you that an application is
17
complete and properly noticed. There's an
18
inherent authority of Boards to determine their
19
jurisdiction and, in essence, that means over
20
a particular matter.
21
I
So you take the facts that are presented to
22
you and essentially decide whether to go forward
23
or not. The typical practice is that this
24
department will not put an application before you
25
unless it deems it complete and properly noticed.
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MR. NEVILLE: The reason I ask is because we
2
have one person who is telling us that people
3
weren't notified, and they were supposed to be.
4
We have another guy telling us that everyone was
5
notified. What are we supposed to believe?
6
You know, I mean, I'm not sure if we need to
7
believe either one, because I don't think it's
8
part of our responsibility to find out or verify
9
or our duty to make sure of or anything like that.
10
MR. HELD: Right. Mr. Robbins is raising
11
objections that are contrary to the accepted
12
practice of the department, long standing
13
practice, as established in both the code and
14
Florida statutes, and he's entitled to make those
.'"' ..'"'
15
objections, and if the court agrees with him, the
16
application will come back and those things will
17
be corrected.
18
But at this point, the practice of the
19
department, based upon its understanding of the
applicable laws, is to the contrary and the
21
department is advising you and I'm advising you
22
that you can go forward this application.
23
MR. McDOWELL: Mr. Chairman, if I might for
24
one second.
Just an observation.
If Mr. Robbins'
25
requirement for notice is as he has stated it,
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every action this Board has ever taken is invalid,
2
everyone.
3
MR. NEVILLE: Thanks for shedding the light
4
on that one.
5
MR. McDOWELL:
I mean, it is an illogical
6
position.
It is completely contrary to the City's
7
practice on every application before every Board,
8
. and Mr. Robbins has even filed applications. It
9
would invalidate literally every -- if that were
the requirement, nobody has ever met those
requirements.
It's illogical.
MR. NEVILLE: ~hanks. I'm inclined to vote
for this because -- for consistancy's purposes and
my time on the Board, if someone has shown good
faith in trying to get their building permit, and
they've been delayed for one reason or another in
the maze that is the regulatory permitting
process, then I sympathize with that.
I think that, also, the complaints of the
neighbors or anyone else needed to be here wben
the application was originally put in and we were
discussing the design, which is what we're
supposed to be doing here.
So for those two reasons, unless there's some
evidence that the applicant is dragging his heels,
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doesn't want to really get his permit, is looking
2
to sell the property after getting our approval or
3
whatever, then, you know, we look at it a little
4
bit differently, but I think in this case, they've
5
shown that they've been trying to get their permit
6
and they've been held up.
7
Does anybody else have anything to say on
8
this?
9
Peter?
MR. CHEVALIER: Motion. Motion to approve.
MR. NEVILLE: Anybody want to -- did you
already motion? You motioned earlier, though.
MR. CHEVALIER: Mike's quick with it
MR. NEVILLE: He motioned before the
MR. CHEVALIER: Then I'll second it.
MR. NEVILLE: All right.
I guess Mike has
made the motion to approve. Peter second
All in favor say aye. All opposed.
Congratulations.
(Thereupon, the meeting was concluded.)...
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CERTIFICATION
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
I, MARIA ELENA COLOMER, Shorthand Reporter
and Notary Public in and for the State of Florida at
Large, do hereby certify that the foregoing
proceedings were taken before me at the date and place
as stated in the caption hereto on Page 1; that the
foregoing computer-aided transcription is a true
record of my stenographic notes taken at said
proceedings.
WITNESS my hand this 2nd day of May 2005.
Large
.....~v~"~ Maria !lena Cotomcr
f ~CCllDlDbsloD # 00061171
:: . . :: -..1- Oct..t 21015
..C!. ~c .....1"...- ,.
-;'~'1~,i Bmded ThN
"""WIII\ \"" At!antic BondIng Co., lnc.
A(o~
DIAMOND REPORTING GROUP, INC. 305-662-5855
BEFORE THE CITY COMMISSION OF MIAMI BEACH
Design Review Board File No. 17369
Commission Appeal No.
MIAMI BEACH HOTEL INVESTORS, LLC,
Petitioner,
v.
DESIGN REVIEW BOARD,
CJTY OF MIAMI BEACH
and
HOTELERAMA ASSOCIATES, LTD.
Respondents.
I
:
APPENDIX TO REQUEST TO REVIEW A DECISION OF DESIGN REVIEW
BOARD PURSUANT TO SECTION 118-262 OF THE MIAMI BEACH CODE
KENT HARRISON ROBBINS
Attorney for Miami Beach Hotel Investors, LLC
1224 Washington Avenue
Miami Beach, Florida 33139
(305) 532-0500
Florida Bar No. 275484
APPENDIX TO REQUEST TO REVIEW A DECISION OF DESIGN REVIEW
BOARD PURSUANT TO SECTION 118-262 OF THE MIAMI BEACH CODE
Document PaQe(s)
Order of Design Review Board dated May 6, 2005 A 1 - A2
Design Review Procedures Ordinance, Code of Miami Beach A3 - A 15
Application of Hotelerama dated October 6, 2003 A 16 - A31
Order of of Design Review Board dated December 1, 2003 A32 - A35
By Laws and Rules of Order of the Design Review Board A36 - A42
Application of Hotelerama dated March 8, 2005 A43
October 10, 2003 Special Warranty Deed from Hotelerama
Associates Ltd. to TL Fontainebleau Tower Limited Partnership A44 - A47
Special Warranty Deeds from TL Fontainebleau Towe~
Limited Partnership and Related Property Records A48 - A68
Copy of Transcript of Hearing Before the Design Review Board
Re: ORB File No. 17369 held on April 19, 2005 A69 - A108
Standard Application Form for the Development Review Board A 109 - A 116
1
MAY-06-2005 15:36
CITY MIAMI BCH PLANNING D
3056737559
P.02/02
DESIGN REVIEW BOARD
City of Miami Beach, Florida
MEETING DATE:
April 19,2005
INRE:
The Application for a six (6) month Extension of Time to obtain a Full
Bu'ilding Permit for a previously issued Design Review Approval for the
construction of a new 18-story hotel tower.
FILE NO:
17369
.
PROPERTY:
4441 Collins Avenue - Fontainebleau III
ORDER
The applicant, Hotelerarpa Associates, Ltd., filed a request with the City of Miami Beach Planning
Department for an Extension of Time to obtain a Building Pennit for a previously issued Design
Review Approval.
The City of MiamI Beach's Design Review 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 submitted infonnation establishing, among oUler things, that there
were delays enco!Jntered in the permitting process. The foregoing constitutes good
cause for granting a six (6) month extension of time to the requirement that a Full
Building Permit be obtained within eighteen (18) months of the original Design
Review Approval.
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 six (6) month extension of
time to obtain a full building permit (which six [6] month period shall run from the expiration date of
the original approval, which is May 18, 2005) is granted for the above-referenced project conditioned
upon the following, to which the applicant has agreed:
1. A !!.ill building permit, not a foundation or shell permit. for the project shall be obtained by
November 18, 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
unconstitutionalln 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 Ule stricken provision or condition, and/or it is appropriate to modify the
remaining conditlons 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 Orderfor the November 18, 2003 approval have been met. The issuance of Design Review
Approval does not relie\te the applicant from obtaining all other required Municipal, County and/or
A~
TOTAL P.02
MAY-06-2005 15:36
CITY MIAMI BCH PLANNING D
(
3056737559
P.01/02
(
Page 2 of 2
ORB File: 17369
Meeting Date: April 19,2005
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 applicanfs effort to seek waivers relating to handicapped accessibility
requirements.
When reauesting a b~i1din9 Dermit. three (3) sets of the plans aCDroved,bvthe lLo..rd. modified in
accordance with the pqngltions set forth in this Order and the Final Order for the November 18. 2003
meetina. shall be submi~d to the Plannina Decartment. If all of the above-specified conditions are
satisfactorily addressed, the plans will be reviewed for building permit approval. Two (2) sets will be
returned to you for submission for a building permit and one (1) set will be retained for the Design
Review Board's file. If the Full Building Permit is not issued by November16, 2005, and construction
does not commence and continue in accordance with the applicable Building Code, the approval will
expire and become null and void.
Dated this t: day of d1t.1. t .206
DESIGN REVIEW BOARD
THE CI OF MIAMI C
Approved As To Form: ~
Legal Department: ~
Filed with the Clerk of the Design Review Board on
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zTlCLE VI. DESIGN REVIEW PROCEDURES
http://library2.municode.com/ gateway .dII/FL/florida/3 6425/3 6645/3...
ARTICLE VI. DESIGN REVIEW PROCEDURES
Sec. 118-251. Design review criteria.
(a) Design review encompasses the examination of architectural drawings for
consistency with the criteria stated below, with regard to the aesthetics, appearances,
safety, and function of any new or existing structure and physical attributes of the
project in relation to the site, adjacent structures and surrounding community. The board
and the planning department shall review plans based upon the below stated criteria,
criteria listed in neighborhood plans, if applicable, and design guidelines adopted and
amended periodically by the design review board and/or historic preservation board.
Recommendations of the planning department may include, but not be limited to,
comments from the building department and the public works department. If the board
determines that an application is not consistent with the criteria, it shall set forth in
writing the reasons substantiating its finding. The criteria referenced above are as
follows:
(1) The existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, trees, drainage, and waterways.
(2) The location of all existing and proposed buildings, drives, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility services,
landscaping structures, signs, and lighting and screening devices.
(3) The dimensions of all buildings, structures, setbacks, parking spaces, floor
area ratio, height, lot coverage and any other information that may be
reasonably necessary to determine compliance with the requirements of the
underlying zoning.. district, and any applicable overlays, for a particular
application or project.
(4) The color, design, selection of landscape materials and architectural
elements of exterior building surfaces and primary public interior areas for
developments requiring a building permit in areas of the city identified in section
118-252.
(5) The proposed site plan, and the location, appearance and design of new
and existing buildings and structures are in conformity with the standards of this
article and other applicable ordinances, architectural and design guidelines as
adopted and amended periodically by the design review board and historic
preservation board and all pertinent master plans.
(6) The proposed structure, and/or additions or modifications to an existing
structure, indicates a sensitivity to and is compatible with the environment and
adjacent structures, and enhances the appearance of the surrounding
properties.
(7) The design and layout of the proposed site plan, as well as all new and
existing buildings shall be reviewed so as to provide an efficient arrangement of
land uses. Particular attention shall be given to safety, crime prevention and fire
protection, relationship to the surrounding neighborhood, impact on contiguous
and adjacent buildings and lands, pedestrian sight lines and view corridors.
(8) Pedestrian and vehicular traffic movement within and adjacent to the site
shall be reviewed to ensure that clearly defined, segregated pedestrian access
1\3
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511 0/2005 2:0 I PM
;ZTICLE VI. DESIGN REVIEW PROCEDURES
http://library2.municode.comlgateway .dlI/FLlflorida/36425/3664 5/3...
to the site and all buildings is provided for and that all parking spaces are usable
and are safety and conveniently arranged; pedestrian furniture and bike racks
shall be considered. Access to the site from adjacent roads shall be designed so
as to interfere as little as possible with traffic flow on these roads and to permit
vehicles a rapid and safe ingress and egress to the site.
(9) 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. Lighting shall be reviewed to assure
that it enhances the appearance of structures at night. '
(10) Landscape and paving materials shall be reviewed to ensure an
adequate relationship with and enhancement of the overall site plan design.
(11) 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.
(12) The proposed structure has 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).
(13) The building has, where feasible, space in that part of the ground floor
fronting a 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 street, or streets shall have residential or commercial spaces, shall
have the appearance of being a residential or commercial space or shall have an
architectural treatment which shall buffer the appearance of the parking structure
from the surrounding area and is integrated with the overall appearance of the
project.
(14) The building shall have an appropriate and fully integrated rooftop
architectural treatment which substantially screens all mechanical equipment,
stairs and elevator towers.
(15) An 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).
(16) All portions of a project fronting a street or sidewalk shall incorporate an
architecturally appropriate amount of transparency at the first level in order to
achieve pedestrian compatibility and adequate visual interest.
(17) The location, design, screening and buffering of all required service bays,
delivery bays, trash and refuse receptacles, as well as trash rooms shall be
arranged so as to have a minimal impact on adjacent properties.
(Ord. No. 89-2665, S 18-2(A), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No. 98-3107,
96, 1-21-98; Ord. No. 2000-3268, 92,9-27-00)
Sec. 118-252. Applicability and exemptions.
(a) Applicability.
(1) All building permits for new construction, public interior areas, interior
areas that face a street or sidewalk, demolitions and wrecking, alterations, or
additions to existing buildings, including fences, parking lots, walls and signs,
whether new or change of copy, and exterior surface finishes and materials.
shall be subject to review under the design review procedures except as
A~
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ZTICLE VI. DESIGN REVIEW PROCEDURES
http://library2.municode. com/gateway .dll/FL/tlorida/3 6425/36645/3...
provided in subsection (b) of this section. No building permit shall be issued
without the written approval by the design review board or staft as provided for in
these regulations.
(2) All public improvements upon public rights-of-way and easements. For
purposes hereof, public improvements shall include, but not be limited to,
structures, streetscape projects, street improvements or redesign, modifications
to street lighting or signage, landscaping projects, medians, and above ground
utilities; however, public improvements shall exclude routine maintenance and
utility repair work. .
(3) The review and approval of all new single family home construction, in
accordance with subsection 142-105(d)(7).
(b) Exemptions. Exemptions to these regulations include all of the following provided
no new construction or additions to existing buildings are required:
(1) All permits for plumbing, heating, air conditioning, elevators, fire alarms
and extinguishing equipment, and all other mechanical and electrical equipment
when such work is el)tirely within the interior of the building, excluding public
interior areas and interior areas that face a street or sidewalk; however, the
planning director may approve such building permit applications for minor work
on the exterior of buildings.
(2) Any permit necessary for the compliance with a lawful order of the building
official, fire marshal or public works director related to the immediate public
health or safety.
(3) All single-family dwellings are exempt from the design review regulations,
with the exception of exterior surface color samples and finishes, and the review
and approval of all new single family home construction in accordance with
subsection 142-105(d)(7). However, all building permits for new construction,
alterations or additions to existing structures shall be subject to compliance with
section 142-105, cind all demolition permits must be signed by the planning
director, or designee.
(4) All properties located within designated historic districts and designated
historic sites.
(Ord. No. 89-2637, eft. 4-15-89; Ord. No. 89-2665, 9 18-2(8), eff. 10-1-89; Ord. No. 90-2722,
eff. 11-21-90; Ord. No. 91-2767, eft. 11-2-91; Ord. No. 2000-3268, 9 2, 9-27-00; Ord. No.
2002-3375, 92,7-10-02)
Sec. 118-253. Application for design review.
(a) The applicant shall obtain a design review application from the planning
department, which shall be responsible for the overall coordination and administration of
the design review process. When the application is complete, the planning department
shall place the application on the agenda and prepare a recommendation to the design
review board. The planning department shall determine the date on which the
application will be heard by the board; however, the board shall consider the application
and planning department recommendation at the next available meeting date after the
submission of a completed application to the planning department.
(b) In the event the applicant seeks a preliminary evaluation of a project from the
board for information and guidance purposes only, an application for preliminary
evaluation shall be required. The planning director, or designee, shall determine the
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supplemental documents and exhibits necessary and appropriate to complete an
application for a preliminary evaluation; the required supplemental documents and
exhibits shall serve to describe and illustrate the project proposed in the application in a
manner sufficient to enable the board to provide general comments, feedback,
information and guidance with respect to the application. Preliminary evaluations by the
board shall be for informational purposes only; a preliminary evaluation by the board
shall not constitute a binding approval, nor shall any comments, feedback, information
or guidance provided by the board be binding upon the board during subsequent review
of the preliminary application or a related final application. The board may provide a
general comment, feedback, information and guidance during the initial hearing on the
application for preliminary evaluations, and may continue discussion on a preliminary
evaluation to subsequent meetings in order for the applicant to better address any
specific concerns raised by the board or staff, or may elect to terminate the preliminary
evaluation process after providing general comments. All preliminary evaluations shall
be subject to the noticing requirements provided in section 118-254. Preliminary
evaluations shall not constitute a design review approval, and therefore an applicant
acquires no equitable estoppel rights or protections of any kind, type or nature based
upon the filing or review of the preliminary evaluation application. The board will not
issue an order either approving or denying a project or take any formal action on
preliminary evaluation application. Preliminary evaluations shall not entitle applicants to
any of the benefits accorded to applicants who have received design review approval,
inclusive of appeals or rehearings. Except as used in this section, the use of the phrase
"application" throughout this article refers to a completed application for approval and
not to a preliminary evaluation application. An applicant may withdraw an application for
a preliminary evaluation at any time, provided however, that no fee shall be refunded in
the event the withdrawal is made after the giving of notice.
(c) The design review board may, at its sole discretion, on an individual, case-by-case
basis, allow a two-step process for design review approval. The two-step process shall
consist of, first: a binding, preliminary concept approval on the issues of urbanism,
massing and siting; and._ second: approval of the project's design details (style,
fenestration, materials, etc.). This two-step process shall be subject to the following:
(1) The design review board shall have the sole discretion, on an individual,
case-by-case basis, to decide which development projects may pursue this
two-step approval process for design review approval.
(2) In the event the design review board should authorize the two-step
approval process, the applicant shall have a maximum of 120 days from the date
of preliminary concept approval on the issues of urbanism, massing and siting,
to return to the board with fully developed design drawings and substantial
details (style, fenestration, materials, etc.) for final approval, or the entire
application shall become null and void. The board, at its sole discretion, may
extend the time period to return to the board for final approval, provided that the
total time through final approval does not exceed one year from the date of the
original submission of the application. The applicant shall have six months from
the date of preliminary concept approval on the issues of urbanism, massing and
siting, to obtain final approval for the remainder of the project or the entire
application shall become null and void. The board, at its sole discretion, may
extend the time period to obtain final approval for the remainder of the project up
to a maximum of one year from the date of the original submission of the
application.
(Ord. No. 89-2665, ~ 18-2(C), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No. 97-3067,
~ 1, 1-8-97; Ord. No. 2000-3268, ~ 2, 9-27-00)
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Sec. 118-254. Decision of design review board.
(a) The design review board shall consider each application at a public hearing, at
which the applicant and interested persons shall have an opportunity to express their
opinions, present evidence and rebut all evidence presented. The planning department,
shall provide the applicant with advance notice of the hearing date and time, including a
copy of the agenda and the recommendation of the planning department.
(b) Not less than 15 days prior to the public hearing date, a description of the request,
and the time and place of such hearing shall be advertised in a paper of general paid
circulation in the municipality; notice shall also be given by mail to the owners of record
of land lying within 375 feet of property. The mail notification requirement shall be the
responsibility of the applicant. Additionally, courtesy notice shall also be given to any
state nonprofit community organization which has requested of the director in writing to
be notified of board hearings. The board shall approve, approve with conditions or deny
applications.
(c) The board may require such changes in the plans and specifications, and
conditions, as in its judgment'may be requisite and appropriate to the maintenance of a
high standard of architecture, as established by the standards contained in these land
development regulations and as specified in the city's comprehensive plan and other
specific plans adopted by the city of pertaining to the areas identified in subsection
118-252(a).
(d) Upon approval of an application by the board, the planning director or his
authorized representative shall stamp and sign three sets of plans. Two sets of plans
shall be returned to the applicant who may then submit an application for a building
permit. The remaining approved plans shall be part of the board's official record and
shall be maintained on file with the planning department. The board's decision shall be
set forth in a written order, specifying the reasons for such decision.
(e) The planning department, shall promptly mail a copy of the board's order to the
applicant.
(Ord. No. 89-2665, ~ 18-2(D), eft. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No. 94-2950,
eft. 10-29-94; Ord. No. 94-2959, eft. 12-17-94; Ord. No. 00-3268, ~ 2,9-27-00)
Cross references: Review requests and meetings of the historic preservation board and
design review board joint projects, ~ 118-531.
Sec. 118-255. Fees.
(a) An applicant shall pay, upon the submission of an application to the planning,
design and historic preservation division, a fee based upon the following schedule:
(1) An application for a preliminary evaluation of a project before the design
review board shall require a fee as provided in appendix A, which shall not be
refundable, nor shall it be applied to reduce any other fees due and payable
pursuant to this section.
(2) An application requiring a hearing before the board for design review
approval shall require a base fee plus a fee per square feet of floor area as
provided in appendix A.
(3) An application requiring staft review for minor alterations and minor
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require a fee as provided in appendix A.
(4) An application pertaining only to signs, awnings and window replacements
shall require a fee as provided in appendix A.
(5) An application pertaining only to paint shall require a fee as provided in
appendix A.
(6) If a deferment or clarification heating is requested by the applicant, an
additional fee as provided in appendix A shall be assessed;
(7) If a deferment or clarification of conditions is requested by the board, there
will be no additional fee.
(8) If the applicant removes his file from the agenda after it has been accepted
by the planning, design and historic preservation division, the city shall retain 50
percent of the application fee.
(9) An application pertaining to extensions of time shall require a fee as
provided in appendix A.
(10) Any after-the-fact application shall incur triple fees.
a. Notwithstanding the above provision, the design review board or the
joint design review board/historic preservation board (when applicable)
may adjust the after-the-fact fee based on substantial competent
evidence that there are extenuating circumstances that warrant such an
adjustment. The request for a fee adjustment shall be in writing. The
adjusted after-the-fact fee shall not be less than the regular application
fee.
b. The request shall be:
1 . Part of the design review board or the joint design
revi~w/historic preservation board application (when applicable);
or
2. A separate application requesting an adjustment to the
after-the-fact fee for a staff level review.
c. If a request for an adjustment to the after-the-fact fee for a staff
level review is submitted, there will be an additional fee as provided in
appendix A to place the item on the board's agenda.
(11) Minor revisions to previously approved plans shall require a fee as
provided in appendix A for reviews conducted by staff and one-half of the
original fee for plans which were approved by the board.
(12) Major revisions to plans previously approved by the board shall require a
base fee as provided in appendix A plus one-half of the original fee.
(13) Appeal of a staff decision to the board shall require a fee as provided in
appendix A and an appeal of a board decision to the city commission shall
require a fee as provided in appendix A. The fee shall be refunded if the
applicant prevails in the appeal.
(14) An application pertaining to the rehearing of a project shall require a fee
of one-half of the original fee.
(b) The fee schedule in subsection (a) of this section is provided to defray the costs
associated with the administration of this section.
(13
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(Ord. No. 89-2665, 9 18-2(E), eft. 10-1-89; Ord. No. 90-2722, eft. 11-21-90; Ord. No. 92-2786,
eff. 7-19-92; Ord. No. 94-2959, eft. 12-17-94; Ord. No. 95-2993, eft. 5-27-95; Ord. No.
97-3067,91,1-8-97; Ord. No. 98-3155, 991, 3,11-18-98)
Sec. 118-256. Clarification hearing.
Should a question arise as to compliance with the conditions as outlined by the design
review board, a clarification hearing before the design review board may be called at the
request of the planning department, or by the applicant.
(Ord. No. 89-2665, 918-2(F), eft. 10-1-89; Ord. No. 90-2722, eft. 11-21-90; Ord. No. 97-3067,
9 1, 1-8-97; Ord. No. 2000-3268, 92, 9-27-00)
Sec. 118-257. Deferrals, continuances, and withdrawals.
(a) An applicant may defer an application before the public hearing only one time.
The request to defer shall be in writing. When an application is deferred, it shall be
re-noticed at the applicant's expense as provided in section 118-254. The applicant shall
also pay a deferral fee as set forth in this article. In the event that the application is not
presented to the design review board for approval at the meeting date for which the
application was deferred, the application shall be deemed null and void. If the
application is deferred by the board, the notice requirements shall be the same as for a
new application as provided in section 118-254, and shall be at the city's expense.
(b) The board may continue an application to a date certain at either the request of
the applicant or at its own discretion. In the event the application is so continued, not
less than 15 days prior to the new public hearing date, a description of the request, and
the time and place of such hearing shall be advertised in a newspaper of general
circulation within the munigipality at the expense of the city. .
(c) In the event the application is continued due to the excessive length of an agenda
or in order for the applicant to address specific concems expressed by the board and/or
staff, the applicant shall present for approval to the board a revised application inclusive
of all required exhibits which attempt to address the concerns of the board and/or staft,
for the date certain set by the board, which shall be no more than 120 days after the
date on which the board continues the matter.
(d) In the event that the applicant fails to present for approval to the board, a revised
application as described above within 120 days of the date the application was
continued, the application shall be deemed null and void.
(e) Deferrals or continuances for a specific application shall not exceed one year
cumulatively for all such continuances or deferrals made by the board, or the application
shall be deemed null and void.
(f) An application may be withdrawn by the applicant if such request is in writing and
filed with the planning department prior to the public hearing, or requested during the
public hearing, provided however, that no application may be withdrawn after final action
has been taken. Upon a withdrawal or final denial of an application for design review
approval from the design review board the same application cannot be filed within six
months of the date of the withdrawal or denial unless, however, the decision of the
board taking any such action is made without prejudice to refile.
(g) In the event there is a lack of a quorum, all pending or remaining matters shall be
continued to the next available meeting of the board. A q
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(Ord. No. 89-2665, ~ 18-2(G), eft. 10-1-89; Ord. No. 95-3003, eft. 7-22-95; Ord. No.
2000-3268, ~ 2, 9-27-00)
Sec. 118-258. Building permit application.
(a) The applicant or his authorized agent shall make application for a building permit.
The application shall include, at a minimum, the two sets of plans which were approved
by the design review board and stamped and signed by the planning director or his
authorized representative.
(b) No building permit, certificate of occupancy, certificate of completion, or
occupational license shall be issued unless all of the plans, including amendments,
notes, revisions, or modifications, have been approved by the planning director. Minor
modifications to plans that have been approved by the board shall be permitted when
approved by the planning director.
(c) No building permit, full building permit or phased development permit shall be
issued for any plan subject to design review except in conformity with the approved
plans. The applicant shall have up to 18 months, or such lesser time as may be
specified by the board, from the date of the board meeting at which design review
approval was granted to obtain a full building permit or a phased development permit.
The foregoing 18-month time period includes the 20-day time period during which an
appeal of the decision of the design review board may be filed. If the applicant fails to
obtain a full building permit or a phased development permit within 18 months, or such
lesser time as may be specified by the board, of the board meeting date at which design
review approval was granted, and/or construction does not commence and proceed in
accordance with said permit and the requirements of the applicable Florida Building
Code, all staff and board approvals shall be deemed null and void. Extensions for good
cause, not to exceed a total of one year for all extensions, may be granted by the board,
at its sole discretion, proviped the applicant submits a request in writing to the planning
director in advance of the expiration of the original approval, showing good cause for
such an extension. In the event a proposed code amendment renders a project with
design review approval non-conforming, as more specifically set forth in sections
118-168 and 118-169 of this Code, then such a project shall not eligible to receive an
extension of time granted by the design review board for any reason. Notwithstanding
the foregoing, in the event the original decision of the design review board is timely
appealed, or there is an appeal of an approval from the board of adjustment and/or the
planning board that is a requirement of the original decision of the design review board,
and such appeal is filed within 20 days of the decision of the board of adjustment and/or
the planning board, the applicant shall have 18 months, or such lesser time as may be
specified by the design review board, from the date of final resolution of all
administrative and/or court proceedings to obtain a full building permit or phased
development permit. This tolling provision shall only be applicable to the original
approval of the board and shall not apply to any subsequent requests for revisions or
requests for extensions of time.
(d) An applicant may submit an application for a building permit simultaneously with a
design plan review in order to expedite processing, however, no building permit shall be
issued until the final design plan has been stamped and signed by the planning director
or designee in accordance with these land development regulations.
(e) No construction may commence in the event a design review approval expires.
(Ord. No. 89-2665, ~ 18-2(H), eft. 10-1-89; Ord. No. 90-2722, eft. 11-21-90; Ord. No. 95-3003,
eff. 7-22-95; Ord. No. 2000-3268, ~ 2,9-27-00; Ord. No. 2003-3416, ~ 2,6-11-03)
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Sec. 118-259. Phased development permit.
A phased development permit shall apply to multiple building/structure development
only and shall include all plans for each phase of the project as submitted, required and
approved by the design review board. The applicant shall request the board approve a phased
development at the public hearing and the board shall specify a reasonable time limit within
which the phases shall begin or be completed or both. The board shall require a progress
report from the applicant at the completion of each phase. A phased development permit shall
not be a demolition, electrical, foundation, mechanical or plumbing permit or any other partial
permit.
(Ord. No. 89-2665, ~ 3-2(159), eft. 10-1-89; Ord. No. 95-3003, eft. 7-22-95)
Sec. 118-260. Special review procedure.
(a) The planning director or designated representative, shall have the authority to
approve, approve with conditions or deny an application on behalf of the board, for the
following:
(1) Ground level additions to existing structures, not to exceed two stories in
height, which are not substantially visible from the public right-of-way, any
waterfront or public park. For those lots which are greater than 10,000 square
feet, the floor area of the proposed addition may not exceed ten percent of the
floor area of the existing structure or primary lot, whichever is less, with a
maximum total floor area not to exceed 5,000 square feet.
(2) Replacement of windows, doors, storefront frames and windows, or the
approval of awnings, canopies, exterior surface colors, storm shutters and signs.
(3) Facade and building alterations, renovations and restorations which are
minor in nature. ..
(4) Minor demolition and alterations to address accessibility, life safety,
mechanical and other applicable code requirements.
(5) Minor demolition and alterations to rear and secondary facades to
accommodate utilities, refuse disposal and storage.
(6) Minor work associated with the public interiors of buildings and those
interior portions of commercial structures which front a street or sidewalk.
(7) Minor work involving public improvements upon public rights-of-way and
easements.
(8) Minor work which is associated with rehabilitations and additions to
existing buildings, or the construction, repair, or rehabilitation of new or existing
walls, at-grade parking lots, fences.
The director's decision shall be based upon the criteria listed in this article. The
applicant may appeal a decision of the planning director to the design review board, pursuant to
all application and notice requirements. The applicant shall be responsible for providing and
eftectuating all noticing requirements, according to planning department procedures, as well as
the duplication of all pertinent plans and exhibits for distribution to the board.
(Ord. No. 89-2665, ~ 18-2(1), eft. 10-1-89; Ord. No. 90-2722, eft. 11-21-90; Ord. No. 99-3167, ~ .
2, 1-20-99; Ord. No. 2000-3268, ~ 2, 9-27-00) ft \ \
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Sec. 118-261. Rehearings.
The design review board may hear a petition for rehearing by any person identified in
section 118-262. The board may rehear a case, take additional testimony and either reaffirm
their previous decision or issue a new decision reversing or modifying their previous decision.
The petition for rehearing must demonstrate to the board that (i) there is newly discovered
evidence which will probably change the result if a rehearing is granted, or (ii) the board has
overlooked or failed to consider something which renders the decisiol) issued erroneous. A
petition for rehearing must be filed on or before the fifteenth day after the date of rendition of
the board's order. For purposes of this article, the "date of rendition" shall be the date upon
which a signed, written order is filed with the board's clerk, and an order shall be deemed "filed"
when a fully executed order is returned to, and is in the possession of, the cleric An order will
issue on any petition for rehearing. Notice of the rehearing shall be according to section
118-254 herein and shall be the responsibility of the person requesting the rehearing.
(Ord. No. 89-2665, S 18-2(J), eft. 10-1-89; Ord. No. 94-2950, eft. 10-29-94; Ord. No. 98-3133,
9 1, 7-15-98; Ord. No. 2000-3268, 92,9-27-00)
Sec. 118-262. Review of design review decisions.
(a) The applicant, or the city manager on behalf of the city administration, or an
affected person, Miami Design Preservation League or Dade Heritage Trust may seek
review of any order of the design review board by the city commission, except that
orders granting or denying a request for rehearing shall not be reviewed by the
commission. For purposes of this section, "affected person" shall mean either (i) a
person owning property within 375 feet of the applicant's project reviewed by the board,
or (ii) a person that appeared before the design review board (directly or represented by
counsel), and whose appearance is confirmed in the record of the design review board's
public hearing(s) for suct:! project. The review shall be based on the record of the
hearing before the design review board, shall not be a de novo hearing, and no new,
additional testimony shall be taken. The request shall be in writing, include all applicable
fees, shall be by or on behalf of a named appellant(s), shall state the factual bases and
legal argument in support of the appeal, and shall be submitted to the city clerk on or
before the 20th day after the date of rendition of the board's order. However, in the
event that a petition for rehearing is filed pursuant to section 118-261, the time for filing
a request shall be on or before the 20th day after the date of rendition of the board's
order on the petition. Upon receipt of the request, the city clerk shall place the request
for review on the city commission agenda. The city commission shall set a date and
time for a hearing. Notice of the review shall be according to section 118-254, except
that there shall be no requirement for mailed notification regarding the subject review. A
full verbatim transcript of all proceedings which are the subject of the appeal shaWbe
provided by the party filing the petition, along with a written statement identifying those
specific portions of the transcript upon which the party filing it will rely for purposes of
the appeal. The verbatim transcript and written statement, or if represented by legal
counsel, appropriate legal briefs, shall be filed no later than two weeks prior to the first
scheduled public hearing to consider the appeal.
(b) In order to reverse, or remand for amendment, modification or rehearing, any
decision of the design review board, the city commission shall find that the design
review board did not do one of the following:
(1) Provide procedural due process;
(2) Observe essential requirements of law; or
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(3) Base its decision upon substantial competent evidence.
In order to reverse, or remand a five-sevenths vote of the city commission is required. The city
commission's decision shall be set forth in a written order which shall be promptly mailed to all
parties to the review.
(c) Appeal from a decision of the city commission shall be to a court of competent
jurisdiction by petition for writ of certiorari in accordance with the Florida Rules of
Appellate Procedure.
(Ord. No. 89-2665, ~ 18-2(K), eft. 10-1-89; Ord. No. 90-2722, eft. 11-21-90; Ord. No. 94-2959,
eft. 12-17-94; Ord. No. 98-3133, ~ 1, 7-15-98; Ord. No. 99-3171, ~ 1,2-17-99; Ord. No.
2000-3268, ~ 2,9-27-00; Ord. No. 2005-3473, ~ 1, 1-12-05)
Sec. 118-263. Stay during rehearings/reviews/appeals.
(a) The filing of a request for rehearing pursuant to section 118-261 or for review
pursuant to section 118-262 and/or the initiation of court proceedings challenging or
appealing a design review board decision pertaining to a project shall stay the issuance
of any full building permit or phased development permit and the running of the required
time period to obtain a full building permit or phased development permit for the project
in question until the final resolution of all administrative and/or court proceedings.
(b) Notwithstanding subsection (a) of this section, nothing herein shall prevent the
issuance of building permits or partial building permits necessary to prevent imminent
peril to life, health or property, as determined by the building official.
(Ord. No. 89-2665, ~ 18-2(L), eft. 10-1-89; Ord. No. 95-3003, eft. 7-22-95; Ord. No. 2000-3268,
~ 2, 9-27 -OO}
Secs. 118-264--118-320. Reserv~d.
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ORDINANCE NO. 2005-3473
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE VI, "DESIGN REYlEW
PROCEDURES," BY AMENDING SECTION 118-262 TO AMEND THE
REQUIREMENTS FOR FILING AN APPEAL TO THE CITY
COMMISSION; PROVIDING FOR REPEALE~ CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements of the Land Development Regulations of the Code of the City of Miami Beach as they
pertain to the City's Development Review Boards; and
WHEREAS, the City of Miami Beach has adopted regulations pertaining to the review of
decisions of the Design Review Board by the City Commission; and,
WHEREAS, the City of Miami Beach desires to refine, clarifY, expand and enhance the
requirements for requesting a review of a decision of the Design Review Board; and,
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECflON 1. That Chapter U8, Entitled "Administration and Review Procedures", Article VI,
Entitled "Design Review Procedures!'. of the Land Development Regulations of the Code of the City
of Miami Beach, Florida is hereby amended as follows:
Sec. 118-262. Review of design revieW decisions.
(a) The applicant, or the city manager on behalf of the city administration, or an affected
person, Miami Design Preservation League or Dade Heritage Trost may seek review of
any order of the design review board by the city commission, except that orders granting
or denying a request for rehearing shall not be reviewed by the commission. Forpurposes
of this section, "affected person" shall mean either (i) a person owning property within
375 feet of the applicant's project reviewed by the board, or (ii) a person that appeared
before the design review board (directly or represented by counsel), and whose
appearance is confirmed in the record.ofthe design review board's public hearing(s) for
such project. The review shall be based on the record of the hearing before the design
review board, shall not be a de novo hearing, and no new, additional testimony shall be.
taken. The request shall be in writing, include all applicab Ie fees, shall be by or on behalf
ofa named appellant(s), shall state the factual bases and legal argument in sunDar! of the
AI4
~ and shall be submitted to the city clerk on or before the twentieth day after the
date of rendition of the board's order. However, in the event that a petition forrehearing
is filed pursuant to section 118-261, the time for filing a request shall be on or before the
twentieth day after the date of rendition of the board's order on the petition. Upon receipt
of the request, the city clerk shall place the request for review on the city commission
agenda. The city commission shall set a date and time for a hearing. Notice of the review
shall be according to section 118-254, except that there shall be no requirement for
mailed notification regarding the subject review. A full verbatim transcript of all
proceedings which are the subject of the appeal shall be provided by the party filing the
petition. . along with a written statement identifvin~ those lfPccific 'DOrtions of the
transcript uoon which the party filin~ it will rely for pw:poses of the aDDeal.t-lhe The
verbatim transcript and written statement or ifrCJ)resented bv leli!:al counsel. aoDroDriate
legal briefs. shall be flied no later than two weeks prior to the first scheduled public
hearing to consider the appeal.
SECI'ION 2. CODIF1CATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code of
the City ofMiami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
approPriate word.
SEcnON 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
..
SECI'ION S. EFFECTIVE DATE.
This Ordinance shall take effect ten days follow.
PASSED AND ADOPTED this 12th day of
ArrEST:
I!JlwJ p~
CITY CLERK
2005.
APPROVED AS TO
FORM & LANGUAGE
~ON
CIty AttOrney
l~
Date
2
A',S-
: !~r<
, .
CITY OF
MIAMI BEACH
PLANNING DEPARTMENT
DM 17:3' 9
r.
FILE NO:
DAm ~ i~-7.
MCRNo' , 4
AMOUNT: ~ ~~. o-~
(F6r Staff Use Only)
STANDARD APPLICATION FORM
DEVELOPMENT REVIEW BOARD HEARING
1. The below listed applicant wishes to appear before the City Development Review Board for a scheduled public
hearing: NOTE: This application form must be completed separately for each applicable Board hearing a
matter.
( ) BOARD OF ADJUSTMENT ( ) HISTORIC PRESERVATION BOARD
( X ) DESIGN REVIEW BOARD ( ) PLANNING BOARD
( ) FLOOD PLAIN MANAGEMENT BOARD
NOTE: Applications to the Board of Adjustment will not be heard until such time as the Design Review Board, Historic Preservation
Board and/or the Planning Board have rendered decisions on the subject project.
2. THIS REQUEST IS FOR:
a. ( A VARIANCE TO A PROVISION(S) OF THE LAND DEVELOPMENT
REGULATIONS (ZONING) OF THE CODE
b. () AN APPEAL FROM AN ADMINISTRATIVE DECISION
c. ( X ) DESIGN REVIEW APPROVAL
d. () A CERTIFICATE OF APPROPRIATENESS FOR DESIGN
e. () A CERTIFICATE OF APPROPRIATENESS TO DEMOLISH A STRUCTURE
f. () A CONDITIONAL USE PERMIT
g. () A LOT SPLIT APPROVAL
h. () A HISTORIC DISTRICT/SITE DESIGNATION
1. () AN AMENDMENT TO THE ZONING ORDINANCE OR ZONING MAP
J. () AN AMENDMENT TO THE COMPREHENSIVE PLAN OR FUTURE LAND USE MAP
k. () OTHER:
PUBLIC RECORDS NOTICE: ALL DOCUMENTATION, APPLICATION FORMS, MAPS, DRAWINGS, PHOTOGRAPHS,
LETTERS AND EXHIBITS WILL BECOME A PERMANENT P ARTOF THE PUBLIC RECORD MAINTAINED BY THE CITY
OF MIAMI BEACH PLANNING DEPARTMENT AND MAY, UNDER THE FLORIDA SUNSHINE LAWS, BE DISCLOSED
UPON PROPER REQUEST TO ANY PERSON OR ENTITY.
3. NAME & ADDRESS OF PROPERTY: HOTELERAMAASSOCIATES.LID..4441 COLLINS AVENUE.
MIAMI BEACH. Fl. 33140
LEGAL DESCRIPTION: See Attached Exhibit "B"
4. NAME OF APPLICANT: HOTELERAMA ASSOCIATES. LTD.
Note: If applicant is a corporation, partnership, limited partnership or trustee, a separate Disclosure ofInterest
Fonn (Pages 617) must be completed as part of this application.
1
~ l~
4441 Collins Avenue. Miami Beach. FI. 33140
ADDRESS OF APPLICANT
CITY
STATE
ZIP
BUSINESS PHONE: (305) 674-4669 RESIDENCE PHONE:
FAX NO. (305) 532-6355 CELL PHONE NO. E-Mail:
5. SAME
NAME OF PROPERTY OWNER (IF DIFFERENT FROM #4, OTHERWISE, WRITE "SAME")
If the owner of the property is not the applicant and will not be present at the hearing, the Owner/Power of Attorney Affidavit (Page
4) must be filled out and signed by the property owner. In addition, if the property owner is a corporation, partnership, limited
partnership or trustee, a separate Disclosure of Interest Form (Pages 6 and 7) must be completed.
ADDRESS OF PROPERTY OWNER
CITY
STATE ZIP
BUSINESS PHONE:
FAX NO.
RESIDENCE PHONE:
CELL PHONE NO. E-Mail:
6. NICHOLS BROSCH SANDOVAL & ASSOCIATES
NAME OF ARCHITECT, LANDSCAPE ARCHITECT, ENGINEER, CONTRACTOR OR OTHER
PERSON RESPONSIBLE FOR PROJECT DESIGN
161 Almeria Avenue. Coral Gables. FL. 33134
ADDRESS (please circle one of the above)
CITY
STATE ZIP
BUSINESS PHONE: (305) 443-5206 RESIDENCE PHONE:
FAX NO. (305) 446-2872 CELL PHONE NO. E-Mail:
7. NAME OF AUTHORIZED REPRESENTATIVE(S), ATfORNEY(S), AGENT(S) AND/OR CONTACT
PERSON:
..
a. Carter N. McDowell. Bilzin Sumberl!. et al.. 200 S. Biscavne Blvd.. Ste. 2500. Miami. Fl.. 33131
NAME ADDRESS CITY STATE ZIP
BUS. PHONE: (305) 350-2355 RESIDENCE PHONE:
FAX NO. (305) 351-2239 CELL PHONE NO. E-Mail:
b.
NAME
BUS. PHONE:
FAX NO.
ADDRESS CITY STATE
RESIDENCE PHONE:
CELL PHONE NO. E-Mail:
ZIP
c.
NAME
BUS. PHONE:
FAX NO.
ADDRESS CITY STATE
RESIDENCE PHONE:
CELL PHONE NO. E-Mail:
ZIP
8. DESCRIBE PROPOSAL IN FULL: DESIGN REVIEW BOARD APPROVAL OF NEW 200 FOOT - ] 8
STORY BUILDING AT THE SOUTHEAST CORNER OF THE FONTAINEBLEAU PROPERTY
9.
TOTAL FLOOR AREA OF NEW BUILDING:
(excluding required parking, unenclosed stairways and balconies) 283.915
SQ. FT.
10. PRESENT ZONING CLASSIFICATION OF PROJECT SITE: RM-3
2
A ~qe-
.'
11. IF APPLICANT IS O\VNER, INDICATE DATE ACQUIRED:
12.
IF APPLICANT IS LESSEE, INDICATE DATE LEASED:
N/A
13. HAS A HEARING BEEN HELD BEFORE ANY OF THE BOARDS LISTED IN I ABOVE OR BEFORE
THE CITY COMMISSION ON THIS PROPERTY WITHIN THE LAST FIVE YEARS?
[ X ] YES [ ] NO [ ] DON'T KNOW. IF YES, PROVIDE DATE(S), REASON AND OUTCOME OF
HEARING(S): CITY COMMISSION JANUARY 7,1998 APPROVED; DESIGN REVIEW BOARD. FILE
NO. 9 1-94 NOVEMBER 17,1997 APPROVED; BOARD OF ADJUSTMENT. FILENO. 2738MAY 5,2000
APPROVED
14. IS THERE ANY EXISTING BUILDING ON THE SITE? [ X ] YES [ ] NO. IF YES, RESPOND TO
QUESTIONS 15 AND 16 BELOW.
15. DESCRIBE ANY BUILDINGS :eXISTING ON THE SITE AT PRESENT: HOTEUCONDOMINIUM
16. WILL ALL OR ANY PORTION OF THE BUlLDING(S) INTERIOR AND/OR EXTERIOR BE
DEMOLISHED? [ X ] YES [ ] NO PLEASE EXPLAIN: THE SORRENTO HOTEL WILL BE
DEMOLISHED AND THE FACADE WILL BE RECONSTRUCTED AS P ART OF THE NEW PROJECT.
17. IF THERE IS AN OPTION OF PURCHASE OR LEASE FOR THE SUBJECT PROPERTY AND IT IS
PREDICATED ON THE APPROVAL OF THIS APPLICATION [ ] YES [ X ] NO. IF YES, PLEASE
EXPLAIN AND SEE PAGE 5,
18.
TOTAL FEE: (to be comp~ted by staft)
$
NOTE: APPLICATIONS FOR BOARD HEARINGS CANNOT BE ACCEPTED WITHOUT PAYMENT OF THE
REQUIRED FEE. ALL CHECKS ARE TO BE MADE PAY ABLE TO "CITY OF MIAMI BEACH".
WHEN THE APPLICABLE BOARD REACHES A DECISION REGARDING THIS REQUEST, A FINAL ORDER WILL BE
ISSUED STATING THE BOARD'S DECISION AND ANY CONDITIONS IMPOSED THEREIN. FINAL ORDERS ISSUED BY
THE BOARD OF ADJUSTMENT, THE HISTORIC PRESERVATION BOARD AND THE PLANNING BOARD MUST BE
RECORDED IN THE OFFICE OF THE RECORDER, MIAMI-DADE COUNTY AND THE ORIGINAL RETURNED TO THE
BOARD SECRETARY. FINAL ORDERS FROM OTHER BOARDS WILL BE MAILED TO THE APPLICANT, THE
ARCHITECT, AND/OR THE CONTACT PERSON. IN NO CIRCUMSTANCES WILL A BUILDING PERMIT BE ISSUED BY
THE CITY OF MIAMI BEACH WITHOUT A COpy OF THE PERTINENT FINAL ORDER BEING TENDERED ALONG WITH
THE CONSTRUCTION PLANS.
In accordance with the Americans v.;th Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should
contact the Board's Administrator no later than four days prior to the proceeding at 305-673-7550 (voice). Ifhearing impaired, for sign language
interpreters, five days or information on access for persons with disabilities call 305-673-7219 (TDD).
PLEASE COMPLETE ONE OR MORE OF THE FOLLOWING THREE AFFIDAVITS, AS APPLICABLE.
NOTE: THE PROPERTY OWNER MUST FILL OUT AND SIGN THE "OWNERlPOWER OF ATTORNEY"
PORTION IF THEY WILL NOT BE PRESENT AT THE HEARING.
3
f1\~
TENANT or OWNER AFFIDAVIT (circle one)
I, , being first duly sworn, depose and say that I am the owner of the property
described and which is the subject matter of the proposed hearing; that all the answers to the questions in this application
and all sketch data and other supplementary matter attached to and made a part of the application are honest and true
to the best of my knowledge and belief. I understand that this application must be completed and accurate before a
hearing can be advertised.
SIGNATURE
I, . hereby authorize the City of Miami Beach to enter my property for the sole
purpose of posting a NOTICE OF PUBLIC HEARING on my property as required by law and I take the responsibility
of removing this notice after the date of hearing.
SIGNATURE
,2003. The foregoing instrument was acknowledged
as identification and/or is personally
Sworn to and subscribed before me this ____ day of
before me by , who has produced
known to me and who did/did not take an oath.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MY COMMISSION EXPIRES:
NOTARY PUBLIC
PRINT NAME
OWNERlPOWER OF ATTORNEY AFFIDAVIT
I, MELANIE MUSS, being duly sworn and deposed say that I am the owner of the described real property and that
I am aware of the nature and effect of the request for DESIGN REVIEW APPROVAL relative to my property, which
request is hereby made by me OR I am hereby authorizing CARTER N. MCDOWELL, BILZIN SUMBERG ET AL.
to be my leg.l rep<<sent.tive before the Design ReviewlHistOri~
MELANIE MUSS, VICE RESIDENT&SECRETARY,KDM
CORPORATION, GENERAL PARTNER, HOTELERAMA
ASSOCIATES, LTD.
I, MELANIE MUSS, hereby authorize the City of Miami Beach to enter my property for the sole purpose of posting
a NOTICE OF PUBLIC HEARING on my property as required b law and I tak the responsibility of removing this
notice after the date of hearing.
MELANIE MUSS, VI EPRESIDENT &SECRETARY,KDM
CORPORATION, GENERAL PAR , HOTELERAMA
ASSOCIATES, LTD. .
Sworn to and s~~scribed befgfe me, thisd..:;:. day of ~(!:fJ/!ftI?2003.
before me by fJiJi!ltIl E:. Iflltl8S, who has produced ~
~ to me and who did/did not take an oath.
STATE OF FLORIDA
NOT Y
/KIJ//fr!!, ~~71-
PRINT NAME
COUNTY OF MIAMI-DADE
MY COMMISSION EXPIRES:
IIIMCYIQA
NOI'AIIYIl....."Al'I~ JI.mD\
('IJf I 111M" DOId!M
4
A\'\
CORPORA nON or PARTNERSHIP AFFIDAVIT (circle one)
I, MELANIE MUSS, being duly swom, depose and say that I am the Vice President and Secretary of KDM
CORPORATION, THE GENERAL PARTNER OF HOTELERAMA ASSOCIATES, LTD. and as such, have been
authorized by the corporation to file this application; that all answers to the questions in said application and all
sketches, data and other supplementary matter attached to and made a part of the application are honest and true to the
best of our knowledge and belief; that said corporation is the tenant/o\\<ner of the property described herein and is the
subject matter of the pro osed hearing. We understand this application must be competed and accurate before a hearing
can be advertised.
fV\~/"/tr{le m VSS
PRINT NAME
MELANIE MUSS, VICE PRESIDENT &
SECRETARY, KDM CORPORATION, GENERAL
PARTNER, HOTELERAMA ASSOCIATES, LTD.
I, Melanie Muss, hereby authorize the City of Miami Beach to enter my property for the sole purpose of posting a
NOTICE OF PUBLIC HEARING on my property as required bY. la~OnSlb;);)Y of ,emovlog <hI,
notice after the date of hearing.
MELANIE MUSS, VICE PRESIDENT &
SECRETARY, KDM CORPORATION, GENERAL
PARTNER, HOTELERAMA ASSOCIATES, LTD.
. ..... _...-.....-7-.,.....:--._~
Sworn to and subscribe,4 before me this cff day of~~003.
before me by IJ/tJAtI/ f., /ltI4S, who has produced
known to me and who did/did not take an oath.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MY COMMISSION EXPIRES:
.'
lIMA C VEGA
NOI"ARY~ATEa: PL.OIUDA
i cot.omSION NO. [)[n~
l.MY~~ ijiP. tY'.~ 1AXl6
CONTRACT FOR PURCHASE
Ifthere is a CONTRACT FOR PURCHASE, whether contingent on this application ornot, and whether a corporation,
trustee or partnership, list the names of the contract purchasers below, including the principal officers, stockholders,
beneficiaries or partners. Where principal officers, stockholders, beneficiaries or partners consist of another
corporation, trust, partnership or similar entity, further disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership in the entity. If any contingency clause or contract tenns
involve additional individuals, corporations, partnerships or trusts, list all individuals and/or complete the appr?priate
disclosure clause above. *
NAME
DATE OF CONTRACT
NAME, ADDRESS AND OFFICE
N/A
% OF STOCK
For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the dates
of the final public hearing, a supplemental disclosure of interest shall be filed.
5
A~O
CITY OF MIAMI BEACH
DEVELOPMENT REVIEW BOARD APPLICATION
DISCLOSURE OF INTEREST
1. CORPORA nON
If the property which is the subject matter of the application is owned or leased by a CORPORA TlON, list the principal
stockholders and the percentage of stock ovmed by each. Where the principal officers or stockholders consist of another
corporation(s), trustee( s), partnership( s) or similar entity, further disclosure shall be required which discloses the identity
of the individual(s) (natural persons) having the ultimate ownership interest in the entity.*
CORPORA TION NAME
NAME, ADDRESS, AND OFFICE
% OF STOCK
CORPORATION NAME
NAME, ADDRESS, AND O~FICE
% OF STOCK
:'>:t~ ,:'
t:
"
"
'1I1'~r"
1"
~.,~., ....t ..~;..
.~,.,'
). '
t=
..
,
IF THERE ARE ADDITIONAL CORPORA TION(S), LIST 0 THERS, INCLUDING CORPORATION NAME(S)
AND EACH INDIVIDUAL'S NAME, ADDRESS, OFFICE AND PERCENTAGE OF STOCK, ON A SEPARATE
PAGE.
NOTE: NOTARIZED SIGNATURE REQUIRED ON PAGE 8
6
A~\
.'
CITY OF MIAMI BEACH
DEVELOPMENT REVIEW BOARD APPLICATION
DISCLOSURE OF INTEREST
2. TRUSTEE
If the property which is the subject matter of the application is owned or leased by a TRUSTEE, list the beneficiaries
of the trust and the percentage held by each. Where the beneficiarylbeneficiaries consist of corporation(s), trustee(s),
partnership(s) or similar entity, further disclosure shall be required which discloses the identity of the individual(s)
(natural persons) having the ultimate ownership interest in the entity.*
N/A
TRUST NAME
NAME, ADDRESS, AND OFFICE
% OF STOCK
3. PARTNERSHIPILIMITED PARTNERSHIP
If the property which is the subject matter of the application is owned or leased by a PARTNERSHIP or LIMITED
PARTNERSHIP, list the principals of the partnership including general and limited partners. Where the partner(s)
consist of corporation(s), trustee( s), partnership(s) or similar entity, further disclosure shall be required which discloses
the identity of the individua1( s) (natura~.persons) having the ultimate ownership interest in the entity. *
HOTELERAMA ASSOCIATES. LTD.
PARTNERSHIP or LIMITED PARTNERSHIP NAME
NAME, ADDRESS, AND OFFICE
SEE EXHIBIT "A"
% OF STOCK
NOTE: NOTARIZED SIGNATURE REQUIRED ON PAGE 8
7
AOc~
. '
4. COMPENSATED LOBBYIST
The City of Miami Beach Code sub-section 118-31 requires the disclosure of any individual or group which has been,
or will be, compensated to either speak in favor of or against a project being presented before any of the City's
Development Review Boards, or not to speak at all. Please list below all persons or entities encompassed by this
section.
NAME ADDRESS PHONE # ' TO SPEAK
PRO CON
a. Carter N. McDowell. 200 S. Biscavne Blvd.. # 2500. Miami. FI. 33131 (305) 350-2355 -X- _
NOT TO
SPEAK
b. John Nichols. 161 Almeria Ave.. Coral Gables. FI. (305) 443-5206
x
c. Don Wolfe. 161 Almeria Ave.. Coral Gables. FI. (305) 443-5206
Additional names can be placed on the reverse side of this form.
.2L-_
*Disclosure shall not be required of any entity, the equity interest in which are regularly traded on an established
securities market in the United States or otl)er country, or of any entity, the ownership interests of which are held in a
limited partnership consisting of more than 5,000 separate interests and where no one person or entity holds more than
a total of 5% of the ownership interests in the limited partnership.
The applicant hereby attests that the disclosure information listed on this application is a full disclosure of all parties
of interest in this application to the best of my knowledge and belief.
Applicant also herebv acknowlede:es that any approval e:ranted bv the Board so applied to. shall be subiect to
any and all conditions imposed bv said Board and bv any other Board havine: iurisdiction. and that the proiect
must also com I with the code of the Cit of Miami Beach and all other ertin t ordinances.
PERSON SUBMITTING APPLICATION:
..
MELANI SS, VICE PRESIDENT &
SECRETARY, KDM CORPORATION, GENERAL
PAR1NER, HOTELERAMA ASSOCIATES, LTD.
M6"f,,~ ~ MU)5
Print Name
STATE AFFILIATION WITH APPLICANT (i.e. Agent,
Architect, Attorney, Contractor, etc.)
~~# ~
Sworn to and sqb!\~bed before me tbis ~ day of ~ ~ 20011. The fO'9loing instrument as acbowledged
before me by {fll(JJ/N/t f)u.I"-S , who has produced - L as,identification an or' ersonally
~own to me and who did/did not take an oath. ( ~ - .
STATE OF FLORIDA A
COUNTY OF MIAMI-DADE 01' ~B
MY COMMISSION EXPIRES: /.A 'fr"
...-
PRINT NAME
8
A~
r ,J Lt . 1\10 . t'tst) U ( /c 1 . V.j 1 ( : U (
1l.J : D j LL lllJ , ;;;LJI'lbl:t<1,;,
r-H>; :
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EXHIBIT "A"
HOTELERAMA ASSOCIATES, LTD., a Florida limited partnership
Address: 4441 Collins Avenue, Suite 754, :r.,,1iami Beach, FL 33140
ill #59-1805724
KDM CORPORATION, a Florida corporation, general partner (sole general partner of
Hoteleram.a Associates, Ltd.) ID if59-1797651
Percentage: 25.5600%
Address: 4441 Collins Avenue, Suite 754, Miami Beach, FL 33140
(Stephen Muss 100% O\vnership; Stephen Muss, PresidentJDirector; Melanie Muss,
Vice President and Secretary; Alan M. Kurtzman, Treasurer and Asst. Secretary)
Limited Partners of HoteJerama Associates, Ltd.
Stephen Muss
Percentage: 42,1400%
Address: 4441 Collins Avenue, Suite 754, Miami Beach, FL 33140
ill #057-22-0219
Joel Friedland
Percentage: 3.2505%
Address: Bal Harbour Tower, 9999 Collins Avenue, Apt. 19B, Bal Harbour, FL 33154
ill #141-28-1811
Gerald Robins
Percentage: 3.2505%
Address: 33 Star Bland, Miami Beach, FL 33139
ill #120-28-4755
AGL and Associates, a New York general partnership (See Attached Schedule "A")
Percentage: 6.3000%
ill #13-2970742
Deborah A. Ross (sole beneficiary of the one-percent interest from E/O Harry Ross and
Roslyn Ross, deceased (Ref' Roslyn Ross and Deborah A. Ross, as Trustee of the
Deborah Ann Ross Trust 1998))
Percentage: 1.0000%
Address: 136 East 76th Street, Apt. SA, New York, NY 10021-2830
ill #061-38-5355
FOT, L.C., a Florida limited liability company (See Attached Schedule liB")
Percentage: 18.4990%
Address: c/o Apollo Real Estate Advisors, L.P.
1301 Avenue of the Americas, 38th Floor, New York, 1'<')' 10019
ID #65-0858849
\02256\02545\ tI 632987 v 1
71211033:10 PM
f't I)-l{
. t:- J Lt. I':Jc. cdb U ( /a . U:j ll: 1)( i LJ : l:) 1 Lil ,~ ,::>Ul1tH:.t<1.:i
EXHIBIT" A"
SCHEDULE "A"
AGL and ASSOCIATES
Adelman, Barry
c/o Friedman Kaplan Seiler & Adelman
1633 Broadway
New York, NY 10019
.Aran, Carl
East 2024 Southeast Boulevard
Spokane, WA 99203
Barrett, Thomas
c/o Sonnenschein Nath & Rosenthal
1221 Avenue of the Americas, 25th Floor
New York, NY 10020
Baum, Beatrice
880 Fifth Avenue
New York, NY 10021
Bilzin, Brian L.
2500 Wachovia Center
Miami, FL 33131
..
Coleman, Martin A.
9422 Turnberry Drive
Potomac, MD 20854
Constant, Irving
9 Ot5ego Place
Jericho, NY 11753
Estate of Friedman, Jack
c/o Marilyn Friedman
200 East 5ih Street - 78
New York, NY 10022
Estate of Levin, Abraham
cia Sara Levin
1 Kensington Gate, PH-24
Great Neck, NY 11021
\02256\02545\ II 632987 v 1
7/211033: I 0 PM
2
"
t-RX:
f-o'f-1l:jt 1(/ l~
Percentage
3.2790%
0.8200%
1.6390%
9.1970%
4.9180%
8.1970%
8.1970%
8.1970%
24.5900%
fT?S
,rtLl: 1.~l'.O()U I,..,'{/L:.~ lJ...-., i( .u.j !LJ.blL.Lll'~,':::,I...JII::>C.Kl-,
EXHIBIT "A"
Greenberg, Ronald
c/o Sonnenschein Nath & Rosenthal
1221 Avenue of the Americas, 25th Floor
New York, NY 10020
Harris, Gerald
24 Central Park South
New York, NY 10019
Klimerman, Edward
c/o Sonnenschein Nath & Rosenthal
1221 Avenue of the Americas, 25th Floor
New York, NY 10020
Mann, Jeffrey
c/o Greenberg Traurig
885 Third Avenue
New York, NY 10022
Marshall, Stephen
c/o Sonnenschein Nath & Rosenthal
1221 Avenue of the Americas, 25th Floor
New York, NY 10020 ..
Rosenbloom, Alan
c/o Sonnenschein Nath & Rosenthal
1221 Avenue of the Americas, 25th Floor
New York, NY 1002Q
Sheinberg, Richard
627 Woodside Avenue
P.O. Box 2593
Park City, UT 84060
Weinberger, Michael
c/o Sonnenschein Nath & Rosenthal
1221 Avenue of the Americas, 25th Floor
New York, NY 10020
\02256\02545\ 11 632987 \' ]
7/21/033:10 PM
3
r-H^'
6.5570%
4.0980%
2.4590%
3.2790%
4.0980%
4.0980%
1.6390%
5.7380%
100.0000%
t"'HI.;;C .10/.1;:1
t1~
,-" .__..... "-,',", J. I . v",,'
.I.,L,' . ~ .I. L...."- .. I \j , .../,,JI IVL-I \ \.A
I ,-" \ .
EXHIBlT "A"
[!=OT LC
Gerald Katcher
Bruce Kaye
Gerald Robins
Gina Robins
Joan C. Robins
Scott B. Rob:ns
Craig Robins
Stacy L. Robins
Gerald Katcher, Personal Representative of the Estate of Howard
Scharlin
Hyatt Corporation
Roberts & Holland
Paul, Weiss, Rifkind, Wharton & Garrison
Blue Sunshine, L.L.C.
See Below
IBlue Sunshine, L.L.C. 1
THE NORTHERN TRUST COMPANY AS TRUSTEE OF THE LUBEN ATZEFF IRA
LEON D. BLACK 1997 FIVE YEAR TRUST
TOM BEVAN
ROBERT BODEY
ROBIN BOND
ANDREW COHEN
RENNY GOLDSTEIN
JOHN J. HANNAN FAMILY TRUS1:
JOHNJACOBSSON
NITIN KARNANI
STUART KOENIG
KOENIG FAMILY IRREVOCABLE TRUST
RICHARD MACK
SHARI MOROKNEK
LEE NEIBART
KENNETH PICACHE
KENNETH PICACHE - B
RONALD SOLOTRUK
WILLIAM SCULLY
RANDY TORRES
ALFRED TRIVILlNO
WRS ADVISORS III, LLC See Below
IWRS ADVISORS III, LLC
William Mack
Richard Mack
Stephen Mack
Page 4
0.04%
0.14%
4.87%
0.04%
0.04%
1.22%
1.24%
0.02%
0.04%
0.98%
0.02%
0.02%
91.35%
100.00%
1.85%
12.50%
0.35%
1.39%
1.16%
1.39%
5.56%
12.50%
6.48%
3.47%
2.78%
1.39%
2.78%
0.35%
8.33%
2.78%
0.23%
2.78%
1.39%
2.78%
2.78%
25.00%
100.00%
33.33%
33.33%
33.33%
A ~q--
: r 1 '-I: .I~~o. (,::it. ',' ( /L" ! I . ~
_ U'..' 1 ( ; \..1":+
j i'. c-, j L_~ j 1,) ,;:'UIIDt:r:i.:;
l~/\ .
r-H."c
:::v ..;. .":;
EXHIBIT "B"
PAGE 1 OF 4
IJ E.~lU....nr. ~BU-T.l.QE
1 liE.QI;;.L -1 i
:L~t lIAIl ~:f tr.8 AJ1IGnoE.d plat of liTHE nWIA}~ BEACH CORPORATXON '8 SUB-
Dr VJ 5 rOil", secor" ing t.o !.ho Plat thorsot, ,.oodoO in Flo t EDOle B, p,,~ a 61,
of tho public ROCD'~' ot p.oo County, Flo,id.' togotbor with · F^roal of
lo:,a lying behloen tho W..tody bound.ry ot collino Avanue os j t now a~btG
a~d the EastErly bo~nd~ry of Indian Creak and described a5 follows: .
Bounded on tho z..torly oioe bY a lina parallel to an~ 125 te.t W~sterly of
the Ea~terly line ot col1inB Avenue; ~oundad en the Westorly side by a Jina
par-aU61 t. an~ 5 feet weotedY ot tha abova de.cribed Ea.hr-ly boundary;
bo~nd~d cn 't.he SouthEldy cioG by thlil SClutl'Hijrly linG of 5aidLol:: oAII
prod"eed lie.tarly, and bo"n~Bd on the NortherlY side by tha Northerly lina
of E a id Lot HAil produ::::sd Westerly j alJiC t~gQth..r 1,Ji th the etr ip ef 1 ano
lying Eaot ot the saa .,11 batween the Hortherly .n~ 5outhe,ly line. of
EaiCl Lot lIAII e~,tsnded East to the lcrw \Ilctsr mark of the J,.tl~ntic: Ocean I as
G hown on tho 1Jn end od Pl. t of "The !nd i.n Eea ch corpora ti,on '6 SU b~ i vi. i on II ,
r Ecol-dad in 1'1 ill; Book B, FagS 61, .of ths Publio ll.oor~a of Da de County,
Florid., togathar with .U aocrstion and o 011'" on 1." and atatutory ripadon
and littoral right5 and ~ubm8rged IBndB adjacent and appurtenant to the
~bGve described tract5i ~1P
~.
LDts 1 an:;'! 2 I and the South 1/2 of Lot .3, of toe 1>.mende~ Plat of liTHE
INDI..A.N BEkCH' CORPORATION I S SU8PIVrSJON" / according to the Pl~t thereof 1
recorded in Plf:l t Bool' 8, Faga 6l. / of the Public Recorda of Dade county I
Florida; togsther with a ptrip of land lying Westerly of the unnumbered
o~t-lots which lie Westerly of and opposite to Lots 1 and 2, and the
Southerly 50 feet of Let ~, of th~. Mended Flat of liThe Indian BJ;ach
corp ora't ion I s SUD~ i vi. i on ", racor~Bd in Fl. t Book 8, pa g e 6l, 0 t the pupH 0
R8cords ot Pad~ county, Florida, bounded as folloWs~ ~oundeQ on the
EasterlY si~a by a line Farallel to ~na 125 feet Wa6tarly ot the Eastarly
line ot Collins Avenua; bounda~ on the Wa6t6rly 8i~a by a line parallel to
and 6 feet WesterlY at the above described Easterly boundarYi bounded on
the southerly side by the Southerly line of said Let 1, produced WesterlY;
bounded on the Nortbar1y side by a line parallel to and 50 feet Northerly
Dt the SQutherly line of aaid Lot 3, produced WesterlYi together with all
accretion ~na common law and statwtcry riparian and littoral right~ and
lOubmerged lands adj acent and appurtenant to thl3 above described tracts i JdW
E~f<G'Ell-1J.
'l'hat part. of Gov~:nlJnent lots 5 and 8 in sliiloticm 23, TCl\-.'7161".dp 53 South,
Range 4~ East, pede County, Florida/mere parti~plarlY described as
toll OWL>>:
EBginnin~ at a point North 9 degrees 24 minutes East an~ 575 fast frcm a
concrete monument which i~ sat at the Northeast cprne~ of the intersectiQn
of cDllins AVclllU8 and 19t1l street ~nd 611o\Jn on tha Muhded Map of Ocean
f1~~
.~ILt ~O.~~O V(/~!
\),j 1 ( : U~
j U ; t, 1 L,,- 11\) ,;:,U Ibt:r;:,:;
'-Hf, .
r' H'.;JC
J.j/ 1 J
L.l\.J.l1..JJ.1.1 ......
PAGE 2 OF 4
p,ont P'roporty Df th6 Hiolld, llo,oh rmprovem.nt co"p.ny, .ccording to t.he
Plat thereof ..cordod in Flot sccK 5, at p.ge. , and e, of tho ~bliD
..c.rds of podo county, Florida; thence south 10 degreee 36 ~inutas laot 0
dlst"n.. of 275 to.t "ore er lo.e to the l~ w...r lin. of ~. Atlantic
o..,ni thonce Northerly 125 feot mo'. Dr I.os .long tho low w.t.r lino of
tho h'lantio o.o.n to . pelnt south ao dogr..e 36 minuta. B.ot, 175 t.et,
mero or 1<.0, trorr, . paint whioh io Horth 9 degr.e. 24 minut.s Ea.t .nd 125
toot from tho point of Beginning, thonD. Horth ao d~gro,. and 36 minut..
Host a distancD of 275 feat, moro or l..a, to .aid point North 9 degre.s 24
minutes Ea.t and 125 ta.t from thO point of .aginning; thence south 9
aogr..s .4 mindt.. Ha.t, . distance ot 115 feet of the point ~f Beginni.g.
~he above described land io alOO do.cribed as the IlortherlY 125 feot of
tn deCor'''. in tr.ot "..,ad . nd des ign.tod "I!. l' . V. n c.~p" en the 1\mend od
Hap of ocean Front Frop.rty of the Hlami .each I.prova~6nt co~p.ny, a.
rooorded in Plat .001< 5, at page. 7 and a, ot the public llecorde of Dade
County, Florida, sold traot ~elng bounded on tho ~ast by the htlantic
Dc ean , on th e We at by the Ba 0 ter 1 y 11 ne of coll ina A van" e, and on th El pDU th
joy a line 15 teet Horth alld parallel to tho North lin< of Lot 1, Block 39,
of tho Amended Map of tho Ooean Front proporty of the Miami ae~ch
Improvement comp.ny .toresaid, snd on the North oy a line 200 feet Horth ot
;nd parallel to the Northerly line of sBId Lot 1, alook 39; together with
all accretion .nd OO~J11on law and etatutory riparian and littoral rights and
submerged lands adj.cent and .pp~rtenant to the above descriped traot; ~lD
. llB~J.
)\11 of that certain tract of land deeignatedas "J.n, sncwden", leSS the
south 64.55 feet thereof, a5 shown on tbB Amended Ilap of tIle ocean front
Property of tIle Miemi aea~h Improvement'Company, according to th. plat
theraot, reDorded In Pl.t aooK 5, at pege B, of tho public ~eoorde ot Dad.
County, Flo::iaai
Less unci e~:c~pt the ~o::tion the:reof t.hat is inclu4ec\ in th~ following
deflc~ipe,d :p~;;;oel:
A porlion o! !)lo1 cBrlol1'\ Irol<;' allend de~IQf)QtBd os "J,H. ~nowdan' lying nor1h cir
ond nd;olnlnQ Lot 1, Bloc~ 40. 01 'Amenjed MOP of 111fl OCelcm Floll! Property
01 Ihe Mloml Beoch Improv;ornent Compony'. accordlna 10 the plat jI1lilreot. os
lecordiilcl In pla'\ \)Oq~ 5 oj pO(;Je~ 7 onci 6, or Ii)l'l pu~lIc recorCl. of Mlcrnl-DCldEl
.';ounly. FIDridc, and Ci pOitl::ln of ~DICj l,ol 1 ' aiD ck 40, Ds\nQ more partlcLllort'r'
dBlc:r\~9Cj 0. toIlDW~;
CDMIv'JNCE oj Iii'" i1crHWac1 cornEl DIlhe1 cenDln ;roel or lonq dsslQno1Sd m
"ll.P, Van camp" 05 .hown Oil !;old 'Amended MapD! me Ocean Front PrOp6rly
0/ the Ivlloml Buool1 Irnprnvsment Corpporw' plot thence S D70~Hi'11' W 0'
lhe wan IIn," 01 sold "R.P, VCli'l camP' Iroc1. anCl11\e wll:1 line 01 lol 1 B;Del~O~~
01 EQ\d "~mflnCjea MOP et 1he DceOn Flont properlY a/II\S Miami nBo~h '
ImprovBmBn1 Gompon~" plQt. .old line cl.o beinG the flQII rllilhl-or-wClV IIn6 01
Collini Avon~", fo( 0 dl~jonc:e of 22D..,5 (Bei, tl1enc:e N ~~o3l\'49' W, Tor 0
QlslQnce or 60,00 16el10 0 pp!n1 on 1!1[;I i::Hi line or sold Lal 1, Elloel: 40, solCltlno
0110 \:Icing t)'IB \\'ii~1 rlglll-cf-woy lIils 01 ColllM AvenUE>. and sold point OI~D belnQ
tllEl POINT or- W~INN\!~G, Ihence N 37035'00' W. 'Of Q dl'1oncc or 35,3618131,
manee N b:;l~:;4'r,\)" W, OIOrlg .1 Hnf3 PQjQH131 vJllt1 cnCl t"b:i rBe1 norltl 01. 00
A 1-~
. : 11-01:: I_~O. 000 V ( / .::: 1 V: 1 ( . 'J':)
J J) . D I Lf- j I.j , :::".)1 IDCr;\:l
iHfI.
t"' H\:ll:: 11/ 1.:1
EXHIBIT "B"
PAGE30F4
rnl10~UfSd 1:)111;:]111 orIQi[1~ 10, l!1p foulr, I!IIE> of ~1~ICl"J.11 SJlDW::l1iH"I' lIce!. for 0
dl"lqnCf; "I 2DO,:;~ I"ElIIO u rr;,inl or, jh~ wtJ:.1I1ne. O!IIQid ".:.H, Gn~lwdnn" 110'-'1.
$ole; I,,',e olliO poinD 1116 bCJ~1 r1UI)j-or-W::1Y IIMl ollnCllof\ ertl',I: CjrlVEl, 1t',onG,"
H CI~"~\.~':::~' [, ~IC;IQ 1111;: \001 cOocfltlbQ Iln/';. 101 u .:ii.le.r,es 01 6.'J,w6 la9110 0
pc>lrll 01 clI'volc"f; 01 [] ci:'c:';\QI CJIV~ 1c tt'll) rIOfl~. tnenr.:fl cler:;; 1110 orc r.l: b:1ld
cur,e. l'lo~inQ p r,1::;;..16 01 50,DO (efd, C oon1fOl enQle cl :;i02]':[1', lor 0 ell,loilCC3
01 23.10 r~IDllo 0 polnl :::lP 11lB ere at Q cirCUIOI Cui.,," 10 tns lel1 paln9 non-l::mOen1
wlln 1118 IDtl a/;lecrl::'IJCi curVe ond Wll0l,fl (cdlllL poln1 beQ;~ I'J 7,,\"109'1 ~" E. ll'leflCe
Qlon(;)l\',t ore, 0: Gold CUIVt:l t\(-lVln~ u ,ClCj!:.J' pI /0_00 !uej, 0 centrol oneil:: cr .
670::24'Q5", tOI c ClI,tnncG of e6.~3 1013110 Hie poird o!TcnQ<J!1cy. Illance
E 5205/:'49' ~. olano CI iil"!;) peronol wi1r, ond c.~,iiEi lao! nonr. 01. O~ m5CleU/t:id 01
righ1 01\018, )0 r/18 hOliih IIns 01 ~O\q 'J,H. SflClwosn" Iro:;l, IDf Cl cil~jonCf:; 01
148.91 (eeL 11'1E>nc.B I~ /'7"19'52' E. fur 0 dJ,,}anC(;! 01 10,57 ts",!. Hlsnce
5 D7o~ln'l1" W, 01011811"5 flOtll11iE> 01 nold"J.H. Sllowdan' 11De1 ~n~ ir,s em1" .
11..10 01 be!el Loll. UIOc.~ 40, sold ling also celliG jns weST rlgll!-of.\\C)Y IIno 01 ",Dllln.
".vanue, rOI Q (j1~I:Jnct> of 91Ll) foal 10 the POIN'T OF \l~Gi!'II~IHG:
AND
PaBCET~ 5:
A portion 01 colllm Menue 10 portion 01 wnlcl1 16 omerwloe t.nown as 4Jllh strest).
a~ sh:llllr Dn ';"mended Mop of the ocaan rlont ProperlY of tile Miami ~6Qch
Improvement Company'. according to thE; pint lhefBo!. 05 recoldeClln plot booK 5
01 poges 7 ana e. ona on 'Amended Plol 01 the IndjQI1 Usach corpDratlon'!
GUPdlvl&/on ot LandE In Gov'j LOiS 1-2-:H-5-c anQ 7 01 Sf3t:.23 - Twp,fiSB, - Rga.42E.v,
Clccordlrl~1 10 HIS plol1haraol, a. rBcorried In plr:lt ):look fj or PCfJE> Q 1 cf Ih!; p,lcllC:
lecDrt:j~ o[ MIQml-pode Coun1V, Florldo. bBlng more partlcularl'r' dfHcrlbed or. tolloVlB:
BEGIN at lhe norlhVJ5S1 COrnflr Dr that cBrtt:lln tract of IQnd deDllJnoisd a~ "1l.P. Von
Comp' os .l1own on Gold 'Amended MOP 01 jM Oee~n Flonr PloPoSlfj'r' 01 T~& Mlcml
Baach lmprovemsn1 Company" plot, thence 5 07~2!i'11" W. alonslhe weLt line of
liold "/l.P, Von comp' tlOO1, a'Qld line Cllso belnQ lhe eQ61 rl(,Jn1-01-vJC1Y line 01 colllnli
/l.Yenua, lL)1' Q ::jlstonce 01125,00 leel.1I1ente N 62P::lIl'49' W, lor Cl cH~tonc~ of
60.C10 IEifll1D 0 point on HIe Elcull1ne of 1l1C1l c~rtoln tloct or land de~lgnated QG "J.H,
Snowden' lying nonh ot ond qdlolnlm~ tal 1. Bloc~ 1\0, o! acId "Amendf5o Mop
01 ttls DCliOn Front Property Dr 1he Miami Beoch Improvel/lent compollY' plat. Bold
line also pCiJlng filS WG" righi-of-way llnEl 01 Collin- AIIGIlLJ 01 , lhanClJl 1-1 Oi"25'11" to,
olon~ 1lie lo~' deicllbed line, 1010 dls1cnca of 15,00 reat to 0 pOint 01 cLHvoturr. or 0
clrculor curve 10 me le(t. Them:::e olor19 Tno arc or said curve, /'lOving 0 fCldhJS 0160.0D
rael. Q central onQla 01 90000'00". for 0 dl"tanca of 7~1i4 fElet 10 tM pollYl 01 tOngency,
thence N eZP,s4'49" VI, olonQ ltle nOlln line of sQld >J,H, Snowden' tract, ael~ lIna
oleo belnO Ihe 5oulr,IIQhl.o1-Woy line of Collins Menus (DiherwlHl known Q~ 4AlIl
51reel], for Cl ql:lTcmce: or 129.44 1~(;ll0 Cl point 01 curvature Dl 0 clrculor CU!\Ie tD thE!
lOllI, Ihenct'; Qlong 1he OIG ot ~ald curve. having q rot:Jjur. of fiO,OO fest, 0 canlrCil ongla
0165038'26". lor 0 dlct::mce of 07.i 7 feal Ie Q palnl on me ore 01 Q clrculor CurVB 10
IhEl rlGlhl Doing non-tAnt/ent with 1tHl 1'1&j c,ncllbeQ CUIV~ ond whC6e ladlur. polnl
peora N 7~~49'1~' E. 1tlsnoe clollld the CIO 01 I'lIC! curve I1qv!ng c radiUS of 715.00
feelt. c 1::0111101 on;Jla 01 240liO'24", lor Q Qlstenc:e ot 32,02 fIJs1 1e the poln! 01 tonCElncy,
ther,Qo N lwo3'1'S8" E. ror " dlstonce or 1,32. a6 lest to (] point 0/ cusp. paid point olno
belnQ (] polnl on jhe. orc 01 Ci cirCUlar OUf'/tl Ie lht;llall \/.'Iiosa rodlUs polnl ~ElorC
S BDIl:2D"~:!" E, Ihll/l::e !:llono the ore:: Dl ~aid curve hovlng CI radll16 0172.40 last. a
'cenirel enQle of '1~C1.cl'??", lor C1 ~1~1'Clnca 01116,56 laello 1he poln1 or langElncy,
lhl;JnCll ~ C2n:l'l'~~'~, along IlHl couln IInel or irocT."'" a~ mown on sQIO "AmanqeO
riel Ollne InCJIQn aeach cOlporQtIDn'~ SUbdlvl&lol'l p[ LClnds In Govll Lots 1.2.3-4-5-6
ond 7 or 51~c:.23. Twp.5~S, . ~gEJ,42E.' plot. solei IIno alSO bEllni::! me nOm! TlQhl.or-Vloy
line of CDllln~ AIISnUEl lc.d/'larwIH' f:nown cc 4-411'1 Etrasll. 10r c dletancfl 01 :l13.1 Q
feElt 10 1110 pOINTOF DEGINNINGj
It ~()
t ! Lt: r~o. .t);'~V J,) (. 1_.. r...);::' 1'--: t It)
! 1) : t: 1l..L: If\!, ~UI'It)tK[.;l
rHX, :
J-'I-ll,:,t 1<:::/ l~
EXHIBIT "U"
PAGE 4 OF4
JJ'';:S.'l lJ,IJ ;::)::~Il,rT:. ,::; r-rtJ!': SJ,::n r'J,r.~8Lfi 1 'J'1'l:lOUGl1 5 TtlP TOWell nun.ollJG DxaCTiIDllIO 1\.ll 90Ll,OWB:
11 rOR':'j:w!' OF 'LOT ' J" I ~~f :'i:r.: l.too\ltlmT.:::J Pl.}..'!' OF "TfJliJ Ij.,":)lhH
Dl:]LCl1 C1JRP01;J,'l'lO:,IB o;ilJr.::V1G;CJtjll' hC:;Ci'i.n;lJS '1'0 ~\Hr; I'Ll,,],
THI~l:I;:::->b', },~ llRccr,DJ;:p :;:1\ r:iJl.~' BO:;lY. 8. 'i'},QJ;; 61 D~ TllB Pl.lELIC
TH,~[;iiD:; OP fJ],;,Jii. CO;'1I1TY I ?LOr-ID]" ~'aJI1';',,1ilR ,U'I'll 7, rORTJ:Ol\l
OJ;' VAcr,'J'ii:P ~ I; ~h e'l'Rr,E:~' .hN~' THE l~:rGHT' Cii-WJ,\' /l.DJT,CI:wr TfilWlilTD 1,lm
':;,oOF.~'JmR viITll }. FOllT::OI, 01' TH~ .:r. H. :31;O~DlW rJ],n~l:L, ON ],l~j;:N'DJ:P MT.? or
oCll.hJ' ],'flOt:'l' FR()r-1Cl(':~ OF 'rm:: IHhl-G EF:h~n rM"nDVIi'M~NT C:OM1'J\ln', ),8
'RECDll;J~D n; N,T.J' lP::))( ~. AT 1'1.01> b or 'l'Ht;; PlJli;.!C JillCOIlDCI Oli' ::l...'JliJ CO:llJ'!"l, FlJO'R!P7l, lJRElCR!DP.P JIG
'U:Jl,IJOHS;
TIil~ Vii:ln:CI\;"l.Y l'lt1Cl,O!lLlD l,Jcu;A 13W::r:n.;:i:l,G 'I~. 7 'B'E~'l' ABovE 0, Cl
(l'i)\'J'lIJNJl.U G]:;::lDl>':'lC VI';HT;ChL r,,,'rTlM DF :J.!l2S\ h!~D ExTl::NPING V;ITBOL"T LIMIT
JJJOVR I>I\D El':EVJ\'j'=ON f2, 7 PRJi:T, WH1Cli (jAID 'J2.? IIDOT ELEVAT!ON l~ sET eM 'l'Hl': COp~WlJ:8 l;~T Pi"lWT'H 1>.9
'FOl"Loy:a:
COMl'!1l1WE A'l' THJ;; Hl'rERBUCTIDll OF 'l'}{}i: ~BT nIGHT-OP-WhY t..rNll
OU' cor,L:::NB ].\mN!.llil W:):'rli Tflii: NORTH J<IGlIT-OF-WAY iJINE Oli' VACATEP Htp.
S'!'flERT, MIN-1I l3fACII, BUNG! lUiSD '1't[~ tiORTIlHillflTIiJU.Y coll.!{Jil'R
O~ TIlh1' Cli:R'l.'AIN TAACT Olf L1.tIP tlE:liIGNll'l'i>!l 1'.8 o}l. ~, vrJol CMoiP"
},S Bf'lO~~ OW 'I'm:: \IA~IEWEP MAF 01i' DCJj:).)Il FRONT PROPERTY OF
'l'liE tlIAllil pE.lIet{ IMPl<OVI'N~~T COMFl.NY, ;.ccOrm!NG 'to 'rlP:: p~T
THERiDF, 11:' 'fl-r.::DRD~P III !"LA1' IlOClC 5 I l.T P1.GBS '7 MID 8 Of! THJ: Pl1El.XC
RECORDS Of PAD)~ CDU1'lTY, FLDlUPA;
'l'l1lmCI> NORTJ-l e.'3~ldSI> W1::ST, J\.LOI~G SA~D NOR'.ftt Rlr.:;l1'T-Of'"~'l
~IWE OF V^~hTnp'1~~b s~~ST, h Dl~ThNC~ OF ~3,9D PRET TO A FO;~T;
r,']-1IlHCE VSRTICJ.LL:' '1'0 111\ EliJ;;VA'1'J.O~ OF '{2, '7 l"llET 1\IlOVlil ME:1.N
S~~ LEVeL (~~TIO~hL G~ODST;~ v~~T!C~L DnTUM Of 19~~l ITO
~O:~T ov B~G~~~:SG ~C-ll
~ BOOTH O?~~J::BTI ]-,. DIfiTANOE OF ~3.DO li'1i:R'I' TO
R~~EREN~E potNT '~I;
n{.ENCE ~OJ\TH B2'~2110" t.ms'!'. A PISTl..N'C!i: Of na,OB ~'8Ji:T:
THIi'."CR HOil'I'H 0"'27'50" )i:l\ST, ~. D;::S'l'Al>l~E: OV 134.5~ FlZl".!'j
THE:NCB aDU'l'fl. e~..:2'lOIi ~MJT, 1; mSTAlolC)l; OF 21B,oe F!j;~1'i
'l'l1E:NClll 80UT11 07'27150" wnST, 1\ DIS:;Al~C!{ OP Bl.54 V'!:!1i:T TO
POINT oX' .UG:q-nmm..li9.:...ll
SA!P LJ<lm SITUATs:n IN t>lIN1! Ilrv1'-Cl1, MIAMI-PADE COUNTl', V~~OR:rD~.
TO~)i;>rHER WITH:
TH~ ~RTICALL~ mf~~OS~D AR~A LYING 69.~ FSE~ ~ao~ 0,0
IW\T:tONAL. CJ~OD!i:T1C VJj4'l't'ICAI., D,,"Tl.lM Of H291 NlP tX~'l>mnNG
5.50 F~~~ ABOV~ 9AID ELRV~~IDN 69,2 WBICH Sh!D G!l.2 PDOT
u:).,J',;V~TIOH IS SET ON 'rHll col!R8~,5i aRT. :f'OR'l'J'I n!i:L::lW COMPRISING
TIlll ~WI~~~
C:OMM!;:I~C$ A'r USFRj<lClJCJ; pOINT I A f i
'I'HE:NCrr ~OU'1'll o~.;!.,i50" WjIS';PI )I. DIS't'1o.NCtl 01" 30.80 J,'~~'l';
'I'llfiNCE ~,:Jfl.':'li e 30 -12' 1 ~ II WEST, 1\ D! E'rJ.j{CR OF 72.!; ~ FIT.!"'!' TO 1'1 DorNT i
THr.N~Ji; VER'!':LChr.,I,Y TO M Et.JJ:I!A.TION OF G~. 2 FnJ1:'l', /I-llcTIONi\L GJf.'Ci::lBTIC
UF:BTJ.CRL DIITlll~ Oll 1925l) ,TO ~NT Oll' BrrormFNG I,D. 2
'fHTi:NCl!: 80P'I'li 07-:7'50" WJl:El'I' , 1L PI.!)TANCJ;; OF 20.11 vml>T;
THP:f\'Cl> NORorH S;!'3~' .q" ~mET, 1\ p:;STANCll OF !i1i.Bt> li'tllT;
Tf!J;;NCll: NOl<TI1 07.:I?150" !'JAST, A DJ.$'I'ANClC off 20.111 i'li:lil'l\;
'l'HIINCE j3otl'rH B~D32'l0'1 EAS7', A PISTN-rC" OF 56.86 li"l;lB'l' TO
~J' llUGnnr.nlg ):D. .:i I.
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CITY MIRMI BCH PLRNNING D
3056737559
P.01
.
.'
DESIGN REVIEW BOARD
City of Miami Beach, Florida
/
f
/
I
MEETING DATE:
November 18. 2003
INRE:
The Application for Design Review Approval for the demolition of an existing
hotel and the reconstruction of the fayade, as well as the construction of a
new. 18 story hotel tower.
FILE NO:
PROPERTY;
17369
4441 Collins Avenue - Fontainebleau III
ORDER
The applicant, Hoteler.ama Associates, ltd., filed an application with the City of Miami Beach
Planning Department for Design Review Approval.
The City of Miami Beach Design Review Board makes the following FINDINGS OF FACT, based
upon the eVidence, information, testimony and materials presented at the public hearing and which
are part of the record for this matter:
A. Based on the plans and documents submitted with the application. testimony and
information provided by the applicant, and the reasons set forth in the Pfanning Department
Staff Report, the project as submitted is not consistent with Design Review Criteria 2 and 3
in Section 118~251 of the Miami Beach Code.
B. The project would be cohsistentwith the criteria and requirements of section 118-251 if the
following conditions are met:
1. Revised elevation, site plan and floor plan drawings, in accordance with the
application d~wings and Exhibit "A" submitted at the hearing. Shall be submitted to
and approved by staff; ata minimum. such drawings shall incorporate the following:
a. Sufficient parking shall be provided on site, for the condo-hotel units,
restaurant, social club, and any other accessory uses in accordance with the
zoning regulations. This may include reducing the number of units,
expanding the size of the units, or providing additional parking spaces.
b. A complete zoning analysis shall be submitted which includes Floor Area and
parking calculations for the entire Fontainebleau parcel. Such calculations
shall clearly indicate the current F.A.R. and proposed F.A.R. for the entire
PIPperty. Copies Of any past legal agreements with the City of Miami Beach
which allows for an F.A.R. greater than that which is allowed under the
current zoning regulations shall also be submitted.
c. DI.mensions of the drive aisles and parking spaces Shall be provided to
ensure compliance with the minimum requirements of the zoning regulations.
R~
...
"'''l5 11 : 32
CITY MIAMI BCH PLANNING D
3056737559
P.02
/
Page 2 of 4
Meeting Date: November 18, 2003
DRa File No. 17369
d.
Axonometric and 3-dimensional details, sections and drawings of all
elevations shall be required.
e.
D!9tails and dimensions of the proposed screening rooftop element, parking
screening, balcony rails, cabanas. surface color finishes, and glazing finishes
s,hall be submitted to and approved by staff.
f.
The historic fayade of the Sorrento Hotel shall be reconstructed in a manner
to be reviewed and approved by staff.
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 plQn shall incorporate the
following:
a. All exterior walkways shall consist of decorative pavers, set in sand or other
semi-pervious material, subject to the review and approval of staff.
b. AII/andscspe areas abutting driveways and parking areas shall be defined by
decorative bollards.
c. 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.
d. The land~cape plan shall satisfy all requirements as specified in Chapter 33
of the Miami-Dade County Code. A landscape table shall be provided on
final landscape plans addressing all minimum quantity and native
requirements, subject to the review and approval of staff.
e. T~e location of backflow preventor, siamese pipes or FPL boxes, if any, and
how they are screened with landscape material from the right-of-way, shall
be indicated on the plans and Shall be subject to the review and approval of
staff.
3. All building signage shall be consistent in type. composed of flush mounted, non-
plastic individual/etters and shall reqUire a separate permit.
4. The final exterior surface color scheme, including color samples, shall be subject to
the review and approval of staff and shall require a separate permit.
5. A traffic 'mitigation plan, which addresses all roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, if required,
shall be submitted prior to the issuance of a Building Pennit and the final building
plans shan meet all other requirements of the Land Development Regulations of the
City Code:.
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CITY MIAMI BCH PLANNINu V
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Page 3 of 4
Meeting Date: November 18, 2003
ORB File No. 17369
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 t)e
approved by staff.
8. All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code (F AC).
9. The applicant may be required to submit a separate analysis for water and sewer
requirements. at the discretion ofthe Public Works Director, or designee. Based on
a preliminary review of the proposed project, the following may be required by the
Public Works Department:
a. Remove/replace sidewalks, curbs and gutters on all street frontages, if
applicable..
b. MilVresurface asphalt in rear alley along property. if applicable.
c. Provide underground utility service connections and on--site transfonner
location, if necessary.
d. Provide back-flow prevention devices on all water services.
e. Provide on-site, self-contained storm water drainage for the proposed
development
f. Meet water/sewer concurrency requirements including a hydraulic water
~'odel analysis and gravity sewer system capacity analysis as detennined by
the Department and the required upgrades to water and sewer mains
servicing this project.
g. Payment of City utility impact fees for water meters/services.
h. Provide flood barrier ramps to underground parking Of minimum slab
elevation to be at highest adjacent crown road elevation plus a".
i. Right~f-way permit must be obtained from Public Works.
j. AU right-of-way encroachments must be removed.
k. AU planting/landscaping in the public right-of-way must be approved by the
Public Works and Parks Departments.
10. The proje.ct 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.
A~~
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MAY-09-2005 11:32
CITY MIAMI BCH PLANNING D
3056737559
P.04
Page 4 of 4
Meeting Date: November 1 e, 2003
ORB File No. 17369
11. The Final Order is not severable, and if any provision or condition hereof is held void
or unconstitutional in a final decision by a court of competent jurisdiction, the order
shall be returned to the Board for reconsideration as to whether the order meets the
criteria for approval absent the stricken provision or condition, and/or it is appropriate
to modify the remaining conditions or impose new conditions.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, tfle evidence. information,
testimony and materials.presented at the public hearing, which are part ofthe record for this matter,
and the staff report and analysis, which are adopted herein, including the staff recommendations
which were amended by the Board, that the Application for Design Review approval is GRANTED
for the above-referenced project subject to those certain conditions specified in Paragraph 8 of the
Findings of Fact (Condition Nos. 1-11, inclusive) hereof, to which the applicant has agreed.
No building permit may be Issued unless and until all conditions of approval as set forth hereIn have
been met The issuance of Design R~view approval 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 reQuestina a buildlno oermit. three 13) sets of olans aDDroved by the Board, modified in
accordance with the above conditions, shall be submitted to the Plannina Deoartmenl If all of the
above-specified conditions are satisfactorily addressed, the plans will be reviewed for building permit
approval. Two (2) sets will be returned to you for submission for a building pennit and one (1) set
will be retained for the Design Review Board's file. If the Full Building Permit is not issued within
eighteen (18) months of the meeting date at which this Design Review Approval was granted and
construction does not commence and continue in accordance with the requirements of the
applicable Building Code, the Design Review Approval will expire and become null and void.
Dated this
,
day of .. Pece.. ~'9"
,20 0)
DESIGN REVIEW BOARD
THE CITY OF MIAMI BEACH, FLORIDA
BY:~ t ~
THOMASR.MOONEY,A1CP
DESIGN AND PRESERVATION MANAGER
FOR THE CHAIR
Approved As To Form: , '!!1t:lJ,1J
Legal Department: ~
Filed with the Clerk of th.e Design Review Board on
L:\PLAN\$ORB\DRB03\NovORB03\17369.fo.doc
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THE CITY OF MIAMI BEACH
DESIGN REVIEW BOARD
BY -LAWS AND RULES OF ORDER
(REVISED 12/18/00)
ARTICLE I
ORGANIZATION
Section 1.
MEMBERS
The Board membership shall consist of seven (7) members whose residence, tenn of office, place of
business, and appointment are consistent with the requirements as listed in the City Code. All members shall
serve without compensation and shall hold no other City of Miami Beach municipal office. The Planning
Director, or designee, and one person appointed by the City Manager from an elegibility list provided by
the Mayor''s Barrier Free Environment Committee (or its successor), or their designees, are ex-officio
members without the right to vote.
Section 2.
OFFICERS
At the regular meeting in January of each year or as soon after as is practical, the Board shall elect a
Chairperson and Vice-Chairperson.
Section 3.
CHAlRPERSQN: POWERS AND DUTIES
The Chairperson shall vote and be recorded on all matters coming before the Board. Subject to these rules,
the Chairperson shall decide all points of order unless overmled by a majority of the Board in session at the
time. The Chairperson shall appoint such committees as may be found necessary or desirable. The
Chairperson or Vice-Chairperson in his/her absence shall preside over meetings and shall administer oaths.
Section 4.
VICE-CHAIRPERSON
The Vice-Chairperson shall act as Chairperson in case the Chairperson is absent, disabled, or otherwise
unable to perfonn his duties.
Section 5.
CLERK
The Planning Director or his designated representative shall act as Clerk or Secretary for the Board. The
Clerk shall prepare all of the clerical work of the Board including: all correspondence of the Board, sending
all notices required by law and rules of order of the Board, keep dockets and minutes of the Board''s
proceedings, compile all required records, maintain necessary files and indexes, and prepare and file an
order in each case. The Clerk shall keep the minutes of the Board''s proceedings showing the vote of each
~ ,~
member upon each question, or if absent, or failing to vote, indicating such fact.
Section 6. QUORUM AND VOTING REUIREMENTS
Foujr (4) members must be present at any meeting of the Board to constitute a quorum. Ifa quorum is not
present, all applications and matters will be continued until the next meeting or as otherwise provided by
the present members of the Board. An affmnative vote offour (4) members shall be required to approve
an application for Design Review and to take any action with respect to a Design Review application,
including, without limitation, continuance, deferral, extension and modification. Except as provided in the
foregoing sentence, the affirmative vote of a majority of the quorum shall be required for Board action.
Section 7.
CONFLICT OF INTEREST
Members of the Board shall abide by the applicable provisions of Florida Statutes, Ch. 112 (1995), as
amended, Metropolitan Dade CountY, Fla. Code Ch. 2 (1987), as amended, and Code of the City of
Miami Beach Ch. 2, Art. ill (1964), as amended, regarding voting conflicts and disclosures of financial
interests.
Section 8.
REGULAR MEETINGS
Regular meetings of the Board are open to the public and shall be held from time to time in City Hall.
Change of meeting date/time may be at the call of the Chairperson and as the Board may determine with
a minimum offifteen (15) days notice.
Section 9.
SPECIAL ME~:rINGS
Special meetings may be called by the Chairperson, or at the written request of three (3) members. Written
notice of such special meeting as to time, place and subject matter shall be given by mail or telecopier to
each member of the Board, the Planning Director, the individual appointed by the City Manager based upon
recommendations from the Mayor''s Barrier Free Enmvironment Committee (or its successor), and the City
Attorney, at least 48 hours before the time set. Notice of a special meeting shall be transmitted in the most
expeditious manner available under the circumstances to such news media as is usually notified of Board
meetings. Except that the announcement of a special session at any meeting at which a quorum is present
shall be sufficient notice of such meeting.
Section 10. WITHDRAWAL AND CONTINUANCES
An application may be withdrawn without prejudice by written request to the Clerk at any time prior to the
giving of any required notice. Except in the instance of an application which would relieve an existing
violation, if notice has not been mailed, the applicant may withdraw an application by written request to the
Clerk. In the instance where there is an existing violation or notice has been mailed, any request to withdraw
an application granted by the Board, in its discretion, shall be with prejudice (i.e. the application cannot be
refiled within six months), except in the event the Board permits the withdrawal without prejudice at the time
the request is considered; provided, however, no application may be withdrawn after final action has been
ft~
taken.
In the instance where there is an existing violation or notice has been mailed, a request for continuance must
be submitted in writing by the applicant prior to the meeting, and the applicant or his representative shall be
present to hear any protest and to present his case if the Board decides against a continuance and to hear
the case.
Deferrals or continuances for an application shall not exceed one (I) year cumulatively for all such
continuances or deferrals made by the Board, or the application shall be deemed null and void.
Section 11. AMENDMENT
These rules may be amended by an affirmative vote of not less than five (5) members of the Board,
provided that such amendment shall be presented in writing at a regular meeting and action taken thereon
at a subsequent regular meeting.
Section 12. RULES OF ORDER
Robert's Rules of Order, as amended, shall govern the Design Review Board in all cases to which they are
applicable and are not inconsistent with the By-laws or special rules of order of the Board.
ARTICLE n
APPLICATIONS TO THE BOARD
Section 1.
APPLICATIONS
Every application for action by the Board shall be made on the appropriate official fonn. These fonns shall
be furnished by the Clerk upon request. The Planning Department shall be responsible for detennining the
requirements for a complete application, which shall include, among other requirements, and exhibits as
listed in the application instructions, as amended by the Planning Director, as well as the completion and
submission of a financial affidavit (in approved fonn) attesting to the officers and the stockholders, partners,
beneficiaries or other interested parties, as applicable, so that the identity of the individuals having the
ultimate ownership interest in the entity is disclosed. Any communication, purporting to be an application,
shall be treated as mere notice of intention to complete and submit an application, until such time as it is
made on the official application fonn. All infonnation called for by the fonn shall be furnished by the
applicant in the manner therein prescribed before the deadline date, as detennined by the Planning
Department. If the application, required exhibits, and infonnation is not complete and correct before the
deadline date, consideration of the application or request shall not be placed on the agenda for that meeting
and shall not be placed on an agenda until the application is complete and correct.
3
Pr 38
Section 2.
DEADLINE FOR APPLICATIONS
All appli~lions and requests (including supplementary materials) must be completed and on file with the
Clerk of this Board no later than 12:00 p.m. of the deadline date. The Planning Director shall detennine
the final date for acceptance of applications for each meeting.
Section 3.
BOARD TO HEAR ONLY BONAFIDE CASES
The Board may hear only those applications for design review brought by the legal title owner of record of
the subject property, by a prospective purchaser holding an option to purchase the property in question,
pursuant to a binding contract entered into with the legal title owner of record, or a tenant pursuant to a
written lease agreement provided that the fee simple owner authorizes and joins in the application.
ARTICLE ill
THE HEARING/MEETING
Section 1.
NOTICE
A Not less than fifteen (15) days prior to the public hearing date on an application for Design Review
approval, a description of the request and the time and place of such hearing shall be advertised in
a paper of general paid circulation in the City; notice shall also be given by mail to owners of record
ofland lying within 375 feet of the subject property.
B. The Board shall request the appearance at the meeting of such representatives of any municipal
department, any municipal board, agency, trust, commission, building inspector, zoning inspector,
or other officer having supervision of the construction of buildings or the power of enforcing
municipal building and wning laws as are deemed necessary or helpful in making its decisions upon
the application.
Section 2.
ORDER OF BUSINESS OF THE HEARING
The Board shall conduct its public hearing in accordance with the quasi judicial procedures set forth in
Resolution No. 95-21556, as amended by Resolution No. 95-21823 adopted by the City Commission on
November 21, 1995, as amended.
The order of business at all regular meetings of the Board shall be as follows, except to the extent modified
by the Chairperson at hislher discretion:
I. Attendance
4
A ~,9
II. Approval of Minutes
III. . Request for Deferrals/Continuances
IV. OldlNew Business
V. Requests for Extensions of Time
VI. Applications for Design Review Approval
A. Returning applicants
B. Revisions to previously approved plans
C. New applicants
VII. Future Meeting Date Reminder
VITI. Adjournment.
Section 3.
TESTIMONY AND DOCUMENTS
A. At the hearing of an application or request before the Board, the applicant shall appear in hislher
own behalf or be represented by counselor agent. Presentations by applicants shall not exceed
ten (10) minutes, unless otherwise authorized by the Chairperson of the Board, in hislher discretion.
B. Any person interested in ~y application or request before the Board is entitled to be heard when
the application or request'is called and may appear in person, or be represented by an attorney or
agent.
C. Any person testifYing shall clearly identify himself; his interest in the proceedings, any special
credentials that he may have pertaining to the subject matter of his testimony. All testimony shall
be limited to the issues surrounding the pertinent agenda items only and testimony from those parties
not affiliated with a particular applicant shall be limited to two (2) minutes or as detennined by the
Board Chairperson.
D. The Board may listen to any testimony and inspect any data, or any sites as it may deem necessary
to enable it to render a fair and informed decision.
E. Any ~rson before the rostrum shall abide by the order and direction of the Chairperson.
Discourtesy or disorderly or contemptuous conduct shall be regarded as a breach of the privileges
of the Board and shall be dealt with as the Chairperson deems proper.
F. Any docwnents provided shall be clearly identified by name, or some other designation, and the
5
f1l\ 0
persons so providing them shall also be identified.
G. A record shall be made of all the proceedings by either a tape recorder or some other appropriate
means.
H. Written protests or petitions shall be filed with the Clerk and submitted to the Board at any time
before the hearing.
I. The Chairperson shall have the discretion to establish time limitations for all presentations before
the Board.
Section 4.
DECISIONS OF THE BOARD
After making a decision on the application, the Design Review Board shall issue a written decision stating
its finding of facts, its conclusions, and the reasons therefore.
ARTICLE IV
DISPOSmON BY THE BOARD
Section 1.
PETmONS FOR REHEARING
Cases heard and decided by this Board will not be again set down for hearing by ~s Board within six (6)
months of the date of such decisiop unless the Board makes its decision without prejudice to refile within
such time limitation. .
The Design Review Board may hear a Petition for Rehearing by an applicant, by the City Manager on
behalf of the Administration, or by an affected person, as more particularly provided in the City Code. The
Board may rehear a case, take additional testimony, reaffinn their previous decision or issue a new decision.
The petition must demonstrate to the Board that (I) there is newly discovered evidence which will probably
change the result if a rehearing is granted, or (2) the Board has overlooked or failed to consider something
which renders the decision issued erroneous. A Petition for Rehearing must be filed within fifteen (I 5) days
ofthe date of the Board's written order issued with respect to the application.
Section 2.
APPEAL OF DESIGN REVIEW DECISIONS
Appeals of Design Review Board decisions shall be made in compliance with Article VI of the Land
Development Regulations of the City Code, and any other applicable provisions, of the City Code.
Section 3.
APPEAL PERIOD AFTER FILING OF BOARD DECISION
6
f\ ~ {
A period of twenty (20) days after the filing of the Board's decision must elapse before pennits can be
issued by the Building Official upon presentation of a copy of the final decision of this Board. Where
appeals are taken to the City Commission, or a court of competent jurisdiction, no pennits will be issued
until the final resolution of all administrative and/or court proceedings, including the expiration of any
applicable appeal periods.
F:\PLAN\SDRBIGENERALIDRBLA WS.ROO
Revised and Adopted at the December 18,2000 DRB Meeting
..
7
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B,LZIN SUMBERG BAENA PRICE & AXELROD LLP
A PARTNERSHIP Of" PROf"ESSIONAL ASSOCIATIONS
200 SOUTH BISCAYNE BOULEVARD, SUITE 2500. MIAMI, f"LORIDA 33131-5340
TELEPHONE: (30S) 374-7580. f"AX: (305) 374-7593
E-MAIL: INf"OOBILZIN.COM . WWW.BILZIN.COM
Carter N. McDowell, Esquire
Direct Dial: (305) 350-2355
Direct Facsimile: (305) 351-2239
E-mail: cmcdowellrJiibilzil..com
March 8, 2005
VIA HAND DELIVERY
Thomas R. Mooney, Design & Preservation Manager
Planning, Design & Historic Preservation Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Design Review File Number 17369
Order Date: 12/1/03
Property: 4441 Collins Avenue
Dear Tom:
Please accept this letter as a request for a six month extension of the commencement and a
six month extension of the completion dates the above-referenced Order for a period of six months.
Hotelerama Associates and Turnberry Associates have been working diligently on plans for the
Fontainebleau III project approved by this Order. The complete building permit plans were
submitted on February 8,2005, and we anticipate having a foundation permit prior to May 7,2005.
Unfortunately, due to the permit processing requirements we are not certain that we will have a
building permit for the whole project by May 7,2005, and we are therefore requesting this extension
of time to allow for the issuance of the permit based upon the plans which have already been
submitted.
Thank you in advance for your consideration.
Enclosure
MIAMI 864608.1 0225619287
A4}
OfF. REUr.
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20722PG02 J 9
Pre~red by and return co:
Arnold A. Brown. I.q.
all &in SUllberg DuM a..en. pr iee ~ Axe!rod LW'
~SOO Flrat Union ',nanc,.l C.nc~r
M....i. Florid. 33131
02R634i-~64 2otr.l OCT 11 15125
Part of Folio Nos. :
02-3223-002-0010
02 - 3226 -001-213 0
02 - 3226 - 001-2180 DOCSTpOEE 1.I,404.0U SIIR1X JV,r~.J,(l{I
~P!iCIAL WARRANTY DBED HARVEY RUVIH. CURl{ OME COIIHTY. FL
THIS SPECIAL WARRANTY DEED, made as of the LD ~ day of Cl1 f.: A:->r-
A.D.. 2002, by Hotelerama Associates. Ltd., a Fl~ida limited
partnership. party of the first part, whose post office address is
4441 Collins Avenue. Miami Beach, Florida 33140, hereinafter called
the Grantor, to TL Fontainebleau Tower Limited Partnership, a Florida
limited partnership, party of the second part, whose post office
address is 19501 Biscayne Boulevard. Aventura Mall, Suite 400,
Aventura, Florida 33180, and whose Federal Identification No. is
, hereinafter called the Grantee (wherever used
herein the term "Grantor" and "Grantee" include all the parties to the
instrument and the heirs, legal representatives and aSSigns of
individuals. and the successors and assigns of corporations):
WITNESSETH: That Grantor, for and in consideration of the sum of
Ten Dollars 1$10.00) and other valuable consideration, the receipt and
adequacy of which are hereby acknowledged, hereby grants, bargains,
sells, aliens, remises. releases, conveys and confirms unto the
Grantee, all that certain land situate in Miami-Dade County, Florida,
viz:
See legal description attached hereto and made a
part hereof as Exhibit -A-
Subject to:
1.
Taxes and assessments for the year 2002 and subsequent
years.
zoning and ot~er governmental rules, regulations and
ordinances.
Easements and restrictions of record, it any, without intent
to reimpose or reinstate same hereby.
The restrictions. covenants, conditions, terms and other
provisions contained in that certain Declaration of
Restrictions and Reciprocal Easement Agreement recorded
contemporaneously herewith in the Public Records of Miaim!-
Dade County, Florida (the -REA").
2.
3.
4.
SUSU.01
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20722~0220
S. Facts which a current and accurate surveyor visual
inspection of the property might disclose.
6. The obligation of Grantee, which is hereby confirmed. to
vest exclusive control of (and at Grantor's option, convey
title to) all "common areas" of the tower building to be
erected on said property lsuch as hallways. lobbies.
elevators. stairwells, common lounges. pool and deck, common
conference or kitchen facilities and the right to use
storage areas. linen rooms and linen chute(sl, and other
areas that benefit the Tower Building under the REAl. to
Grantor's designated affiliate at no cost and free of liens
at such time as substantially all dwelling units to be
erected on said property have been sold or earlier upon
mutual reasonable agreement of Grantor and Grantee. Any
party acquiring an interest in said property, by doing so,
shall be obligated by the foregoing. Without limiting the
foregoing. any party acquiring a lien on said property shall
not interfere with the exclusive control to be vested as
aforestated and shall release its l1en on the portion of
said property so conveyed for no consideration promptly upon
request in conjunction with such conveyance. The foregoing
is modified by t~e provisions contained in paragraph 17 of
that certain unrecorded Multi-party Agreement dated on or
about the date hereof between Grantor, Grantee and others,
to the extent said paragraph 17 of said Multi-Party
Agreement remains in effect and is applicable. Nothing
herein contained shall abrogate the rights and obligations
of the parties hereto under the REA.
TOGETRER with all the tenements. hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor is
laWfully seized of said property in fee simple and has good right and
lawful authority to sell and convey said property; and hereby warrants
the title to said property and will defend the same against the lawful
claims of all persons claiming by. through or under said Grantor.
THE BALANCE OF THIS PAGE IS BLANK
~4?
Signed, sealed and delivered
i~ the preS~f:
Slgn ~e;c::.. ~
Pri~ Name: ~tmID~nR
Hotelerama Associates, Ltd., a
Florida limited partnership, by
KDM Corporation. a Florida
corporation. its ~eral partner
By: ~,L--
Melanie Muss. Vice president
lfF.MCII.
20722PG0221
signature page for Deed from
Hotelerama to TL Fontainebleau Tower
IN WITNESS WHEREOF. Grantor has caused this instrument to be
exerouted as of the day and year first above written.
Si~n Nam~;i~t-j:i~~~l":f ~~-
Prlnt Na! . ,..rfi...
S1'ATE OF pI,,,
COUNTY' OF ,11,;:h,.....(<.
.
55:
regoing instrument was acknowledged before me this ~ day
of ~ , 2002, by,Melanie Muss as Vice president of KDM
Corper eion. as general partne~ of Hotelerama Associates. Ltd, in the
capacity aforestated, such person is personally known to me or has
produced a driver'S license as identification.;~) .,~
Sign Namel_....~
Pri n t .JIt!riie: ~
My Commission Expires: ~ Notary Public
Serial No. (none if blank):
(NOTARIAL SEAL)
~A.-=-.All3r
lI'f~I7._
..............--....
..
3
5111531.01
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20722 PG 0 2 2 2
EXHIBIT "A" " LEGAL DESCRIPTION OF TONER BUILDIHO,
" PORTION OF LOT 'A' OF THI MEHDIO PLAT 0' "TIll IHDIAN
BlACK CORPORATION'S SUBDIVUi ION"' ACCORDING TO THE PLAT
THEREOP. AS RECORDED IN PLAT BOOK I. PAClE U 0' THE PUBLIC
RECOAl)S 0' DADE COUNTY. FLORIDA. TOCETHEll WITH A PORTION
OF VACATED 44th STRUT AND THE RIGHT'OF'WAY ADJACENT THlltltTO AND
TOCETllER WITH A PORTION OF THE". H. SNOWDEN PARClL.ON AMD/1)1lD MAP OF
OCEAN FRONT PROPERTY OF THE MIAHI BV.CH IHPROVIlI1ENT COHPAIIY, AS
RECORDZO IN PLAT BOOK 5. AT PAGE 1 OF THE PUBLIC RECORDS OF DADE COlJlTY, FLORIDA, DESCIUBED AS
FOLLONS ,
THE VERTICALLY Il:NCLoOSm AIlIA BEGINNING 7~. 7 rUT ABOVE 0.0
INATIONAL GEODETIC Vll:RTICAL DATl/H or 1 ,~t1 AmI El(TENl)INO WITHOuT l.INIT
ABOVE SAID ELEVATION 72.7 FEET. WIIICIt SAID 7~.7 FOOT ~TIOtI IS SET ON THE COUUlS SET FORTH AS
FOl.r.owS I
COMMENCE AT THE I1rrERSECTION or TIlE CAST RIGHT.or.WAY LINlt
0' COLLINS AVENUE WITH THE NORTH RIGHT'OF.WAY LINE OF VACATED 44th
STREET. MIAMI lEAC'll, BEINO ALSO TIlE NOflTKWESTItIlLY COlUlEll
OF'THAT CEIlTAIN TRACT or l.IWD DltSIGNATCD AS "R.I'. VAN CAMP"
AS SHOWN ON THE "AMENDED MAP or OCWl FRONT PROPERTY OF
THE HIAMI BEACH IHPROVEHl:HT COMPANY. ACCORDINO TO THE PlAT
THEREOF', AS UCORDED IN PLAT BOOK 5. AT PACES 7 AND . OF' THI PUBLIC
RECORDS OF DADE COUNTY. FLORIDA,
THENCE NORTH n.34 '01'" WEST, ALONG SAID NORTH RIGlIT.OF'.WAY
LINE OF VACATED 4ub STREET, A DUTMCE OF 43.'0 FlET TO A POINT:
THaNCI YaRTICl\LLY TO AN ILEVATION OF 7:!. 7 FEET A8OVI: H2AH
SEA u:v&L INATIONAL CEODETIC VERTICAL DATUM OF unl. TO
POINt' OF BEGINNING NO.1:
THINCll SOUTH 07.:27' 50" "'1ST, A DISTANCE 0' 53 .00 nET TO
RI'ERENCE POINT 'A':
THDlCI NORTH 1:2.3:2'10" WEST, A DISTAIICI: OF 211.0' FEET:
THENCIl NORTH 07.27'50" EAST, A DISTANCE or 134.5. nn:
THDlCI SotITIl 1:2.32'10' EAST, A DISTMICE OF 211.0' nET:
THEHCI SOUTH 07.27'50' WEST. A DISTANCE OF .1.54 FlET TO
POINt' OF BEGIHNINQ NO.1:
SAID LAND SrTUATEIl IN MIAMI .1AC'll, MrMI'DADE COUNTY. I'LOJtIDA.
TClGETHI:R IIITH,
,
TlfB VIRTIou.&.Y DlC1oOSEO ARIA LYIIlCI ".:1 FElT ABOVE 0.0
INATlowu. GlCllETIC VIRTICA&. DATUM OF 19Ztl AND ElC1'DItlIlla
5 . 50 PEST AIIOVE SAID ELEVATION ".:! IIHICH SArD n.:Z FOOf
ELEVATIOW IS SET ON THE COURSES SIT FORTH BELOW COMPRISIIlCI
THB SNIMlUNO POOL I
COMHIINCE AT REPERIlfa POINT 'A':
THERCI SOUTH 07.27'50' 1I1lST, A DISTANCE or 30.BO PIE1':
THDlCI NOIl'I'H U'.:2'17" Nh'T. A DISTANCI or. 7:2.54 FEET TO A PODIT:
THERa VERTICALLY TO AN ELEVATION or ".:2 PElT, CHATIOHAL CEODETIC
VERTICAL DATUM or It:l. I. TO POIIIT or BEGINNING NO. :I
THDICI SOUTH 07.27'50" wasT. A DISTANCI OF 20.41 n:BT:
THa/a NORTH 12'32' 1.0' MaST. A DISTAIlCIl OF 5'.16 nIT:
THaNCS NORTH 07.27'50" lAST, A DISTANCE OF 20.41 FEET:
THENCE SOUTH 12'3:2'10. EAST. A DISTANCE or 5'." FEET 1'0
POINT OP BIEGIIOIINC NO. :2:
~.._-<IloUo
Cll'0II:It~. ~
MCOIIl-.rD
HAR\'EY RUVIN
Q.ItJr~COcItT
SAID LAND SITUATED 1M MIAMI BEACH. MIAMI-DADE COUNTY. noRmA.
:.
111111111111111111111101111111111111 UIIIIII
" )
. ,.
CFN 2005R013S279
OR 8k 2307~ PIS 1~83 - 1~8~; (2PIs)
RECORDED 02/10/2005 13:35:32
OEED DOC TAX 2,040.00
HARVEY RUVIH, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
P~by
and Retnm to:
Palm Cout Title Company, LLC
TurDbelT)' Plaza. Suite 500
2875 Northeast 191st Street
Aventun, Florida 33180
File No. 5516-1001b
Grantcc(s}FIN:
/
[Spece Above This Line For Recording Datal
Special Warranty Deed
This Special Warranty Deed made this 8th day of February, 2005 between TL Foutaloebleau Tower
IJmjted Partnenblp, a Florida Umited pa~enhlp, whose address is c/o Tumbcny Associates, 19501 Biscaync Blvd,
Suite 400, Aventura, Florida 33180 of the County of Miami-Dade, State of Florida ,Grantor, and Heinz Bock and Inge Bock,
, his wife , whose address is 10 Anchor Court, Marco Island, FL, of the County of Collier , State of Florida, Grantee. Grantor
and Grantee are used for singular or plural, as context requires.
(Whenever used hen:in, the t~ "Grantor" and "Grantee" include all parties to this ins1:nJmeDt and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH. that said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable
considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby ackDowledged, has granted,
bargaiDed and sold to the said Grantee, the Grantee's heirs and assigns forever, the following descnbed land, situate, lying
and being in Miami.Dade County, Florida, to-wit:
Unit 1001t of FONTAINEBLEAU II, A CONDOMINIUM. aeeordlq to the Declaration of Coadombdum
thereoft as recorded on December 30, 2004 In Omtla] Records Book 22955, Page 1343 of the Public Records
of Miami-Dade Couuty, Florida."
Partel Identification Number: A Portion of 02-3223-002-0010
TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belong or in anywise
appertaining.
THIS cpNVEYANCE is subject to:
1. Taxes and assessments for the year 2005 and years subsequent thereto.
2. Conditions, reservations, restrictions, limitations, dedications and esements of record.
3. Zoning and other governmental restrictions and regulations.
4. Covenants, conditions, restrictions, exhibits, terms and other provisions of the Declaration of Condominium
of Fontainebleau n, a Condominium, as recorded on December 30, 2004 in Official Records Book 22955,
Page 1343 of the Public Records of Miami-Dade Colmly, Florida.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
THE GRANTOR hereby specially warrants the title to the said real property, and will defend the same, against the
lawful claims of all persons claiming by, through or under the said Grantor.
11 '48
Book23074/Page1483
CFN#20050138279
Page 1 of 2
. . '
. . ,
'"
.,
THE GRANTEE by acceptance and recordation of this Special Warranty Deed, expressly &Dd specifically
approves, accepts, covenants and agrees to be bound by and to assume performance of all the applicable provisions and
requirements set forth in the recorded Declaration of Condominiwn descn"bed above and all amendments and/or supplements
thereto, which provisions and requirements are acknowledged by Grantee to be reasonable, fair, and all of which are
incorporated herein by this reference.
IN Wn"NESS WHEREOF, the Grantor bas caused these presence to be execute~fby its proper officer thereunto
duly authorized, and its seal affixed, the day and year first above written.
Signed, sealed and delivered
in the presence of:
GRANTOR:
TL FONTAINEBLEAU TOWER LIMITED
PARTNERSHIP. a Florida limited partnership
BY: JS COLLINS, LLC, a Florida limited
liability company, as General Partner
BY: JS COUJNS n. LLC, a Florida limited
~;Z;:::~
. leffiey Soffer, _
as Managing Member
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE }
I HEREBY CERTIFY TIlAT ON THIS ~ DAY OF February. 200S, PERSONALLY APPEARED BEFORE ME
JEFFREY SOFFER, AS MANAGING MEMBER. OF ]S COLLINS n, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, AS MANAGING MEMBER. OF JS COLLINS, LLC. A FLORIDA LIMITED LIABILITY COMPANY. AS
GENERAL PARTNER OF TL FONTAINEBLEAU TOWER LIMITED PARTNERSHIP. A FLORIDA LIMITED
PARTNERSHIP, TO ME KNOWN TO BE THE PERSON WHO SIGNED THE FORBGOING SPECIAL WARRANTY
DEED, AS SUCH OFFICER, AND HE ACKNOWLEDGED THE EXEClmON THEREOF TO BE ms FREE Acr AND
DEED AS SUCH OFFICER, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND THAT THE SAID
INSTRUMENT IS THE ACT AND DEED OF SAID CORPORATION.
WITNESS MY HAND AND OFFICIAL SEAL AT MIAMI-DADE COUNTY, FLOJUD.1 ~ - --
'iJ - ~~~ ~~-
r.. . ==lUl'~ }(OTARYPUBLIC-STATEOFFLORlDA ---......
~ ~ ExpkeI JanuIIY ZS.".,
COMMISSIONED NAME OF NOTARY PUBLIC
PERSONALLY KNOWN ~R PRODUCED IDENTIFICATION_
TYPE OF IDENTIFlCA nON
~~~
Book23074/Page1484
CFN#20050138279
Page 2 of 2
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111111111111111111111111111111111111111111111
prrpred by
and R.eturn to:
Palm Co..t Title Company. LLC
TurDberry Plaza, Suite 500
%875 Northeast 19l1t Street
Avatara, Florida 33180
CFN 2005R0138327
DR 8k 23014 PI. 1642 - 1643; (2PIs)
RECOROED 02/10/2005 13139:59
DEED DOC TAX 4,470.00
HARVEY RUVIN, CLERK OF COURT
nIAnI-DADE COUNTY, FLORIDA
..
FileNo. 5516-1214B
Grantee(s) FIN:
/
[Space Above This Une For Recording Datal
Special Warranty Deed
This Speclal Warranty Deed made this 7th day of February, 2005 between TL FontaiDebleaa Towel'
Lbnlted PartDenhlp, a Florida limited partnenhip, whose address is c/o Tumberry Associates. 19501 Biscayne Blvd,
Suite 400, Aventura, Florida 33180 of the County of Miami-Dade, State of Florida ,Grantor. aDd Stuart BOUler and Diane
a. Houser, his wife whose address is 23 Pinckney Street, #4, Boston, MA 02114, ofthc County of Miami-Dade, State of
Florida, Grantee. Grantor and Grantee are used for singular or plural, as context requires.
(Whenever used herein, the terms "Grantor" and "Grantee" include all parties to this instnnnent and the heirs. legal
representatives and assigns ofindlviduals, and the successors and assigns ofcmporations.)
WITNESSETH, that said Grantor, for and in consideration of the sum ofTen Dollars and other good and valuable
coDSidcratiom: to said Grantor in band paid by said Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said Grantee, the Grantee's heirs and assigns forever, the following descnDed land, situate, lying
and being in Miami-Dade County, Florida, to-wit
Unit 1114, of FONT AlNEBLEAU n, A CONDOMINIUM, aecording to the Declaration or CondomlnlWD
thereof, .. recorded on December 30, 2004 In OfIldal Records Book 22955, Page 1343 or the PubUe Records
or Mlaml-Dade County, Florida. .'
Parc:elldeatiflc:ation Number: A Portion of 02-3223-00Z-0010
TOGETHER WITH all the tenements, beredilamel1ts and appurtenances thereunto belong or in anywise
appertaining.
THIS CONVEYANCE is subject to:
1. Taxes and assessments for the year 2005 and yem subsequent thereto.
2. Conditions, reservations, restrictions, limitations, dedications and esements of record.
3. Zoning and other govemmentaJ restrictions and regulations.
4. Covenants, conditions, restrictions, exlubits, terms and other provisions ofthc Declaration of Condominium
of Fontainebleau II, a Condominium, as recorded on December 30, 2004 in Official Records Book 22955,
Page 1343 ofthc Public Records of Miami-Dade County, Florida.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining.
TO HAVE AND TO BOLD the same in fee simple forever.
THE GRANTOR hereby specially warrants the title to the said real property, and will defend the same, against the
lawful claims of aU persons claiming by, through or undcr the said Grantor.
10
r'O /'
f\~
Book23074/Page1642
CFN#20050138327
Page 1 of 2
, .
OR BK 2307~ PG 16~3
LAST PAGE
.'
THE GRANTEE by acceptance and recordation of this Special WllITaDty Dccd, expressly and specifically
approves, accepts, covenants and agrees to be bound by and to assume performance of all the applicable provisions and
requirements set forth in the recorded Declaration of Condominium descnbed above and all amendments and/or supplements
thereto, which provisions and requirements are acknowledged by Grantee to be reasonable, fair, and aU of which are
incorporated herein by this reference.
IN WITNESS WHEREOF, the Grantor has caused these presence to be executoc! by its proper officer thereunto
duly authorized. and its seal affixed, the day and year first above written.
Signed, sealed and delivered
in the presence of:
GRANTOR:
TL FONTAINEBLEAU TOWER LIMITED
PARTNERSHIP, a Florida limited partnership
JS COLLINS, LLC. a Florida limited
liability company, as General Partner
BY: IS COLLINS n, LLC, a Florida limited
:~~
Jeffiey Satfer,
as Managing Member
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE }
I HEREBY CERTIFY THAT ON THIS L DAY OF February. 2005, PERSONALLY APPEARED BEFORE ME
JEFFREY SOFFER, AS MANAGING MEMBER OF JS COLLINS n. LLC, A FLORIDA LIMITED UABILITY
COMPANY, AS MANAGING MEMBER. OF IS COllINS, LLC. A FLORIDA LIMITED LIABILITY COMPANY, AS
GENERAL PARTNER OF TL FONTAINEBLEAU TOWER LIMITED PARTNERSHIP, A FLORIDA LIMITED
PARTNERSHIP, TO ME KNOWN TO BE THE PERSON WHO SIGNED THE FOREGOING SPECIAL WARRANTY
DEED, AS SUCH OFFICER, AND HE ACKNOWLEDGED THE EXECUTION nmREOF TO BE IDS FREE ACT AND
DEED AS SUCH OFFICER, FOR THE USES AND PURPOSES THEREIN MENTIONED. AND TIIA T THE SAID
INSTRUMENT IS 1HE ACT AND DEED OF SAID CORPORATION.
WITNESS MY HAND AND OFFICIAL SEAL AT MIAMI-DAD COUNlY, FLORIDA
~ 8ImklI KnIght
,<:: ~; My~ DD1771lO1
'" Elcpjr-. "--ry 23. 2tKn
COMMISSIONED NAME OF NOTARY PUBLIC
PERSONALLY KNOWN ~R PRODUCED IDENTIFICATION
TYPE OF IDENTIFICATION
~~,
Book23074/Page1643
CFN#20050138327
Page 2 of 2
ami-Dade County Clerk - County Recorder's Record Search Results
http://www.miami_dadeclerk.comlpublic-records/searchresult.asp?P. ..
Clerk of Courts
11 th Judicial CIrcuit of Florida
Miami-Dade County
I)
J/J.
County Recorder's Record Search Results
Img
Clerk's
FileNo
** Click on the Clerk's File No to see more details on that record.-**
Party Name: TL FONTAINEBLEAU TOWER L TO
GRP Doc. Rec. Plat Rec.
Type Date Book/Page Book/Page First Party (Code)
Second Party
Tl FONTAINEBLEAU HOUSER, STUART
Iii 2005 R 138327 1 Q5E 02/10/0522955/1343 23074/1642 TOWER l TO
PARTNERSHIP (Q) &W
Tl FONTAINEBLEAU
~ 2005 R 138356 1 DEE 02/10/05 22955/1343 23074/1803 TOWER l TO FERA, FRANK &W
PARTNERSHIP (Q)
Tl FONTAINEBLEAU
~ 2005 R 138413 1 DEE 02/10/05 22955/1343 23074/2072 TOWER l TO CZR HOLDINGS CO
PARTNERSHIP (Q)
Tl FONTAINEBLEAU
~ 2005 R 138444 1 DEE 02/10/05 22955/1343 23074/2174 TOWER l TO COX, GERALD M
PARTNERSHIP (Q)
Tl FONTAINEBLEAU
11 2005 R 138477 1 Q5E 02/10/05 22955/1343 23074/2315 TOWER l TO BORROTO, ENRIQUE
PARTNERSHIP (Q)
TL FONTAINEBLEAU
~ 2005 R 138507 1 DEE 02110/05 22955/1343 23074/2496 TOWER L TO BORROTO, ENRIQUE
PARTNERSHIP (Q)
TL FONTAINEBLEAU
~ 2005 R 138540 1 DEE 02110/05 22955/1343 23074/2661 TOWER L TO STEIN, AVRAM & W
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 142986 1 DEE 02111/0522955/134323077/4837 TOWER L TO AlVAREZ.OMAR
PARTNERSHIP (Q)
TL FONTAINEBLEAU SMITH, FREDERICK
II 2005 R 143085 1 Q5E 02/11/05 22955/1343 23078/299 TOWER L TO D
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 148711 1 DEE 02/14/0522955/1343 23081/4417 TOWER L TO BERNAL, JAIRO &W
PARTNERSHIP (Q)
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http://www.miami-dadeclerk.com/public-records/searchresult.asp?p. ..
Clerk of Courts
, 1 th Judicia' Circuit of Florida
Miami-Dade County
County Recorder's Record Search Results
** Click on the Clerk's File No to see more details on that record."*
Party Name: TL FONTAINEBLEAU TOWER LTD
GRP Doc. Rec. Plat Rec.
Type Date Book/Page Book/Page First Party (Code)
Img
Clerk's
File No
(i)
Second Party
TL FONTAINEBLEAU
~ 2005 R 148791 1 DEE 02/14/0522955/134323081/4815 TOWER LTD DAVIS. EDDIE M &W
PARTNERSHIP (Q)
TL FONTAINEBLEAU
~ 2005 R 148809 1 DEE 02/14/05 22955/1343 23081/4868 TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER LTD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU KUIJTEN TRUST TRU
DEE 02/16/05 22955/1343 23092/1144 TOWER L TO
PARTNERSHIP (Q) FOR
TL FONTAINEBLEAU
TOWER LTD
PARTNERSHIP (Q)
Displaying 51-60 of 204 records PREV PAGE NEXT PAGE
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~ 2005 R 153072 1
~ 2005 R 153099 1
II 2005 R 153130 1
II 2005 R 153151 1
!I 2005 R 160649 1
~ 2005 R 160740 1
DEE 02/15/05 22955/1343 23086/1142
DEE 02115/05 22955/1343 23086/1254
DEE 02/15/05 22955/1343 23086/1394
DEE 02/15/0522955/1343 23086/1476
"
DEE 02116/05 22955/1343 23092/801
DEE 02/16/05 22955/1343 23092/1056
II 2005 R 160760 1
II 2005 R 160761
DEE 02116/05 22955/1343 23092/1146
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SUBODH C
DEBNATH & LEELA
RANIDEBNATH
REVOCABLE LIVING
TRUST TRU FOR
FB 111006 LLC
RIFKIN, ROBERT
TUGENDHAFT,
TOBLE &W
RUIZ, SANTIAGO &W
HAYDEN, JOHN T
L1NARDI. DOMINICK
CARMILI, TONY
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Clerk of Courts
11 th Judicial Circuit of Ftorida
Miami-Dade County
a>
ill
County Recorder's Record Search Results
** Click on the Clerk's File No to see more details on that record.,"
Party Name: TL FONTAINEBLEAU TOWER L TO
GRP Doc. Ree. Plat Ree.
Type Date Book/Page Book/Page First Party (Code)
Img
Clerk's
File No
[I 2005 R 160762 1
!; 2005 R 160778 1
[I 2005 R 173968 1
11 2005 R 174030 1
II 2005 R 174159 1
II 2005 R 174292 1
II 2005 R 174329 1
II 2005 R 174406 1
II 2005 R 175495 1
II 2005 R 175513 1
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TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU ALVAREZ. CESAR G
DEE 02/22/05 ,22955/1343 23102/2111 TOWER L TO
PARTNERSHIP (Q) &W
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
Displaying 61-70 of 204 records PREV PAGE NEXT PAGE
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DEE 02/16/05 22955/1343 23092/1148
DEE 02/16/05 22955/1343 23092/1185
DEE 02/22/0522955/1343 23102/661
DEE 02/22/0522955/1343 23102/824
DEE 02/22/0522955/134323102/1452
DEE 02/22/05 22955/1343 23102/1955
DEE 02/22/0522955/1343 23102/2461
DEE 02/22/0522955/1343 23103/3054
DEE 02/22/0522955/1343 23103/3124
Second Party
MATLOW. PAUL &W
ARIAS DE PEREZ.
FRANCY
KOSCICA. JAMES
&W
HEMISUR CORP
EBT HOLDING LLC
MENTE CORP
ESPINOSA
PAREDES. PABLO F
MENTE CORP
SEAFOOD INTL
INVEST INC
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Clerk of Courts
11 th Judicial Cifcuit of Florida
Miami-Dade County
County Recorder's Record Search Results
** Click on the Clerk's File No to see more details on that record, **
Party Name: TL FONTAINEBLEAU TOWER L TO
GRP Doc. Rec. Plat Rec. F
Type Date Book/Page Book/Page irst Party (Code)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERHSIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU WESTREICH. LESLIE
DEE 03/01/0522955/134323125/3178 TOWER LTD
PARTNERSHIP (Q) &W
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
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Clerk's
FileNo
~ 2005 R 192083 1
DEE 02/25/05 22955/1343 23117/4654
~ 2005 R 192102 1
DEE 02/25/05 22955/1343 23117/4766
Pi 2005 R 194386 1
DEE 02128/05 22955/1343 23119/3628
II 2005 R 194458 1
DEE" 02/28/05 22955/1343 23119/3946
. 2005 R 194682 1
AFF 02/28/05
N/A
23119/4595
II 2005 R 202459 1
II 2005 R 202536 1
DEE 03/01/05.Q2955/1343 23125/3579
II 2005 R 202666 1
DEE 03/01/0522955/1343 23125/4292
tI 2005 R 202680 1
DEE 03/01/0522955/1343 23125/4342
II 2005 R 208939 1
DEE 03/02/05 22955/1343 23130/4630
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~
.
Second Party
THREE RIVERS
PRIVATE LTD
ROSENBERG,
RICHARD
JLG RLTY LLC
HARTKE, KEITH
WHOM CONCERNED
CASTRO BROS
INVEST LC
REDLICH, RON &W
SHAH. HIMANSHU
&W
COOPER, MEL
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Clerk of Courts
l11tl Judicial Orcult of Florida
Miami-Dade County
~
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Party Name: TL FONTAINEBLEAU TOWER LTD
GRP Doc. Rec. Plat Rec. F
Type Date Book/Page Book/Page irst Party (Code)
Img
Clerk's
FileNo
\I 2005 R 212501 1
~ 2005 R 212538 1
II 2005 R 212558 1
M 2005 R 212567 1
\I 2005 R 221301 1
\I 2005 R 221474 1
\I 2005 R 221663 1
\I 2005 R 221924 1
\I 2005 R 222061 1
\I 2005 R 224416 1
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TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU FONTAINEBLEAU 18
DEE 03/07/0522955/1343 23141/2216 TOWER LTD
PARTNERSHIP (Q) LLC
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
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DEE 03/03/05 22955/1343 23133/4970
DEE 03/03/05 22955/1343 23134/133
DEE 03/03/05 22955/1343 23134/283
DEE 03/03/0522955/1343 23134/298
Qg 03/07/0522955/134323141/2907
DEE 03/07/0522955/1343 23141/3619
DEE 03/07/05 22955/1343 23141/4686
DEE 03/07/0522955/1343 23142/219
DEE 03/08/05 22955/1343 23143/4647
Second Party
FERNANDEZ,
DANIEL
DRILLSOIL MB MIA
CORP
ZILBERMAN,
MICHAEL
HABIB, FARID &W
SENAT, ERIC
COHEN, ZACHARIHA
REICH, JOEL
DIAZ, GEORGE
ZAR,BABAK
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11 th Judiclaf Circuit of Florida
Miami-Dade County
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Party Name: TL FONTAINEBLEAU TOWER L TD
GRP Doc. Rec. Plat Rec.
Type Date Book/Page Book/Page First Party (Code)
Img
Clerk's
File No
\I 2005 R 224535 1
\I 2005 R 227598 1
\I 2005 R 227810 1
\I 2005 R 227815 1
\I 2005 R 227894 1
\I 2005 R 227954 1
\I 2005 R 227959 1
II 2005 R 227961 1
[I 2005 R 227962 1
II 2005 R 227964 1
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TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU CONTRERAS. JUAN
DEE 03/08/0522955/1343 23147/348 TOWER LTD
PARTNERSHIP (Q) C
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
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DEE 03/08/05 22955/1343 23144/121
DEE 03/08/05 22955/1343 23146/4002
DEE 03/08/05 22955/1343 23146/4891
DEE 03/08/05 22955/1343 23146/4901
DEE 03/08/0522955/1343 23147/828
DEE 03/08/0522955/1343 23147/888
DEE 03/08/0522955/1343 23147/915
DEE 03/08/0522955/1343 23147/917
DEE 03/08/05 22955/1343 23147/943
Second Party
YAGHOUBI, TONY
WHOM CONCERNED
WAGNER,
ELISABETH A
FJ E INVEST LLC
LEHAVOT, YORAM
&W
RAMIREZ. BELINDA
RAMIREZ REYES.
FERNANDO
TRACH. RONALD L
CORTES. LUIS M
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Clerk of CourtS
11 th Judicial CJ1cult of Florida
Mlamj..Dade County
G)
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County Recorder's Record Search Results
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Party Name: TL FONTAINEBLEAU TOWER L TO
GRP Doc. Ree. Plat Ree.
Type Date Book/Page Book/Page First Party (Code)
Img
Clerk's
FileNo
~ 2005 R 231950 1
II 2005 R 231991 1
II 2005 R 232033 1
[I 2005 R 232138 1
fI 2005 R 232184 1
II 2005 R 235160 1
II 2005 R 238341 1
II 2005 R 243838 1
II 2005 R 250095 1
II 2005 R 250153 1
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TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU GUBAIRA MENDOZA,
DEE 03/09/0522955/134323150/1252 TOWER LTD
PARTNERSHIP (Q) URIS
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU WRIGHT, NEWTON F
DEE 03/14/0522955/134323165/2653 TOWER LTD
PARTNERSHIP (Q) &W
TL FONTAINEBLEAU
TOWER L TD
PARTNERSHIP (Q)
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DEE 03/09/05 22955/1343 23150/481
DEE 03/09/05 22955/1343 23150/662
DEE 03/09/05 22955/1343 23150/829
DEE 03/09/05 22955/1343 23150/1452
DEE 03/10/0522955/1343 23152/3583
DEE 03/10/05.22955/1343 23155/3357
DEE 03/11/05 22955/1343 23160/2800
DEE 03/14/05 22955/1343 23165/2971
Second Party
FONTAINEBLEAU II
1609 LLC
SILBER, GARY &W
FONTAINEBLEAU II
910 LLC
KADRON, HANNA
ANDERSON,
ARNOLD G W &W
NME PARTNERS LLC
GARDEAZABAL,
CARMEN E
MEINSEN,
RAYMOND S
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Clerk of Courts
11 th Judiclaf CJrcult of Florida
Miami-Dade County
Img
Clerk's
FileNo
~ 2005 R 252161 1
II 2005 R 252449 1
II 2005 R 252495 1
fI 2005 R 252527 1
\I 2005 R 254123 1
fI 2005 R 254211 1
II 2005 R 254257 1
II 2005 R 254279 1
II 2005 R 254392 1
II 2005 R 254462 1
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TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (0
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (0
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
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DEE 03/15/05 22955/1343 23167/1868
DEE 03/15/05 22955/1343 23167/3154
DEE 03/15/05
N/A
23167/3429
Second Party
KRAUS, CHAYA L
MERCHAN.
ARMANDO E
WEBBER,
CHRISTOPHER 0
&W
RYBAK, OLEG
STEIN. NACHUM
RAO. CHRISTINE &H
HIRSCH, NECHAMA
HAKIMI, MIKA &W
RAO, CHRISTINE &H
STEIN, NACHUM
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Type Date Book/Page BooklPage First Party (Code)
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DEE 03/15/0522955/1343 23167/3588
QSg 03/15/05 22955/1343 23169/137
DEE 03/15/05 22955/1343 23169/484
DEE 03/15/05 .22955/1343 23169/691
QSg 03/15/0522955/1343 23169/787
DEE 03/15/05 22955/1343 23169/1134
DEE 03/15/05 22955/1343 23169/1387
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Clerk of Courts
11 th Judtcial Circuit of Florida
Miami-Dade County
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County Recorder's Record Search Results
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Party Name: TL FONTAINEBLEAU TOWER LTD
GRP Doc. Rec. Plat Ree.
Type Date Book/Page BooklPage First Party (Code)
Second Party
TL FONTAINEBLEAU TRACZ, EDWARD A
\I 2005 R 254505 1 DEE 03/15/05 22955/1343 23169/1550 TOWER L TD
PARTNERSHIP (Q) &W
TL FONTAINEBLEAU
II 2005 R 254552 1 DEE 03/15/05 22955/1343 23169/1736 TOWER L TD STEIN, NACHUM
PARTNERSHIP (Q)
TL FONTAINEBLEAU SHANKER. MICHAEL
II 2005 R 254582 1 DEE 03/15/0522955/134323169/2047 TOWER L TD
PARTNERSHIP (Q) &W
TL FONTAINEBLEAU
II 2005 R 257175 1 DEE 03/16/0522955/134323171/1581 TOWER L TD BLEIER. ISIDORE
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 257210 1 DEE 03/16/05 22955/1343 23171/1697 TOWER L TD BLEIER, ISIDORE
PARTNERSHIP (Q)
TL FONTAINEBLEAU
It 2005 R 258612 1 DEE 03/16/05 22955/1343 23172/2430 TOWER L TD MENENDEZ. JUAN C
PARTNERSHIP (Q)
TL FONTAINEBLEAU JANIS, RONALD D
II 2005 R 263475 1 DEE 03/17/05 ~2955/1343 23176/4283 TOWER L TD
PARTNERSHIP (Q) &W
TL FONTAINEBLEAU MASCARENHAS.
11 2005 R 263509 1 DEE 03/17/0522955/134323176/4466 TOWER L TD
PARTNERSHIP (Q) TERENCE &W
TL FONTAINEBLEAU
II 2005 R 263555 1 DEE 03/17/05 22955/1343 23176/4677 TOWER L TD COHEN, ZACHARIHA
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 263644 1 DEE 03/17/05 22955/1343 23177/44 TOWER L TD COHEN, ZACHARIHA
PARTNERSHIP (Q)
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Clerk of Courts
11 tt'l Judtcial Cucuit of Florida
Miami-Dade County
~
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Party Name: TL FONTAINEBLEAU TOWER L TO
GRP Doc. Rec. Plat Rec.
Type Date Book/Page Book/Page First Party (Code)
Img
Clerk's
File No
~ 2005 R 263712 1
II 2005 R 263750 1
II 2005 R 269083 1
II 2005 R 269088 1
II 2005 R 269099 1
II 2005 R 269109 1
II 2005 R 269124 1
II 2005 R 270171 1
II 2005 R 274260 1
II 2005 R 274313 1
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TOWER L TO
PARTERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
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DEE 03/17/0522955/1343 231771455
DEE 03/17/05 22955/1343 23177/655
DEE 03/18/0522955/1343 23182/502
DEE 03/18/05 22955/1343 23182/525
DEE 03/18/0522955/1343 231821590
DEE 03/18/05 22955/1343 23182/662
DEE 03/18/0522955/1343 23182/746
DEE 03/18/05 22955/1343 23183/550
DEE 03/21/0522955/134323186/3009
DEE 03/21/0522955/1343 23186/3357
Second Party
WEINSTEIN,
ROBERT &W
NGUYEN. TOM
BOIDI. GLORIA M &H
ANDRADE. LUIS M
&W
LOBO. WARREN
LADICAN1, MABEL
RYBAK,SERGEY
LANDINO. JOSE A
&W
BLEIER. MALKY
MARCAVID LLC
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Clerk of Coorts
t 1 th Judicial CIrcuit of Florida
Miami-Dade County
County Recorder's Record Search Results
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Party Name: TL FONTAINEBLEAU TOWER LTD
GRP Doe. Ree. Plat Rec.
Type Date Book/Page Book/Page First Party (Code)
Img
Clerk's
FileNo
If!1 2005 R 280719 1
II 2005 R 280854 1
II 2005 R 281463 1
II 2005 R 283813 1
\I 2005 R 283975 1
II 2005 R 284013 1
II 2005 R 284218 1
II 2005 R 284709 1
II 2005 R 284758 1
\I 2005 R 287155 1
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TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
DEE 03/23/05 f2955/1343 23194/3967 TOWER L TO (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
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QES 03/23/0522955/134323192/1461
QES 03/23/0522955/134323192/1808
DEE 03/23/05 22955/1343 23192/4139
DEE 03/23/0522955/1343 23194/2620
DEE 03/23/05 22955/1343 23194/3155
DEE 03/23/05 22955/1343 23194/3291
DEE 03/23/0522955/1343 23195/882
DEE 03/23/0522955/1343 23195/1033
DEE 03/23/05 22955/1343 23197/118
~
Second Party
SHINDER, MICHAEL
ATLANTIC WIND II
CORP
JIBODH, SOPHIA A
GFB2214 16 INC
CHARUGUNDLA,
MARGUERITE &H
DEMEIRELES,
KASHMIRA M &H
HERNANDEZ,
CARLOS &W
VICARMO CORP
VICARMO CORP
BAYVIEW GO 2715
LLC
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Clerk of Courts
, 1 th Judicial eitel/it of Florida
Miami-Dade county
G>
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County Recorder's Record Search Results
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Party Name: TL FONTAINEBLEAU TOWER L TO
GRP Doc. Rec. Plat Rec.
Type Date Book/Page Book/Page First Party (Code)
Img
Clerk's
FileNo
~ 2005 R 289669 1
II 2005 R 289670 1
II 2005 R 290468 1
II 2005 R 290521 1
II 2005 R 290558 1
II 2005 R 291342 1
II 2005 R 299183 1
II 2005 R 299287 1
II 2005 R 299328 1
II 2005 R 305634 1
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Second Party
TL FONTAINEBLEAU DIAMOND DOLPHIN
DEE 03/24/05 22955/1343 23200/533 TOWER L TO
PARTNERSHIP (Q) CLU CORP
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
DEE 03/24/0522955/1343 23201/267 TL FONTAINEBLEAU
TOWER L TO (Q)
Q55 03/24/0522955/1343 23201/436 TL FONTAINEBLEAU
TOWER L TO (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU PAOLA Y VELASCO
DEE 03/28/05 22955/1343 23208/4096 TOWER L TO
PARTNERSHIP (Q) LLC
TL FONTAINEBLEAU
TOWER L TO
PARTERSHIP (Q)
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DEE 03/24/05 22955/1343 23200/535
MARQUES,
ROBERTO
DEE 03/24/05 22955/1343 23200/4873
MILMAN, ELEONORA
ANDRESEN,CARL
DFB2314/16 INC
DEE 03/24/05 22955/1343 23201/3870
RYBAK,OLEG
DEE 03/28/05 22955/1343 23208/3443
ICAZA, JUAN C
..
ROSE CONTE
REVOCABLE TRUST
TRU FOR
DEE 03/28/05 22955/1343 23208/3878
DEE 03/29/05 22955/1343 23213/4355
COHEN, YOSI
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Clerk of Courts
11 rtl Judtcial C1Tcuit of Florida
Miami.Dade County
~
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County Recorder's Record Search Results
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Party Name: TL FONTAINEBLEAU TOWER L TO
GRP Doc. Ree, Plat Ree.
Type Date Book/Page Book/Page First Party (Code)
Img
Clerk's
FileNo
~ 2005 R 305687 1
II 2005 R 305775 1
II 2005 R 310706 1
II 2005 R 310890 1
I 2005 R 312411 1
PI 2005 R 317984 1
II 2005 R 325168 1
.. 2005 R 325231 1
1I 2005 R 325334 1
1I 2005 R 327137 1
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TL FONTAINEBLEAU HENRY ENTERP OF
DEE 03/29/05 22955/1343 23213/4624 TOWER L TO
PARTNERSHIP (Q) FLA
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
Displaying 161-170 of 204 records PREV PAGE NEXT PAGE
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DEE 03/29/05 22955/1343 23214/53
DEE 03/30/05 22955/1343 23217/4785
DEE 03/30/05 22955/1343 23218/272
DEE 03/30/05 22955/1343 23219/236
DEE 03/31/05 22955/1343 23223/226
DEE 04/04/05 ?295511343 23229/4251
DEE 04/04/05 22955/1343 23229/4466
DEE 04/04/05 22955/1343 23230/187
DEE 04/04/05 22955/1343 23231/3649
Second Party
AMINOV, URI &W
PETRUCCELLI,
DAMIANO &W
MALlKA LLC
STAR ALlANCE INC
BRAVEM HOLDING
CORP
CANO HRNANDEZ,
JOSE G
ROSS. JAIME &W
NAMDAR, IGAL
TARTELL. JODI
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Clerk of Courts
Illh Judicial CIrcuit or Florida
Miami-Dade County
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Clerk's
FileNo
~ 2005 R 327238 1
t!1l 2005 R 327520 1
II 2005 R 327677 1
II 2005 R 327710 1
IA 2005 R 331775 1
[I 2005 R 337210 1
II 2005 R 344446 1
II 2005 R 344511 1
IA 2005 R 344551 1
Ii 2005 R 344568 1
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County Recorder's Record Search Results
TL FONTAINEBLEAU SHAFER, CHARLES
DEE 04/04/05 22955/1343 23231/4160 TOWER L TO
PARTNERSHIP (Q) T
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
TL FONTAINEBLEAU
TOWER L TO
PARTNERSHIP (Q)
Displaying 171-180 of 204 records PREV PAGE NEXT PAGE
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DEE 04/04/05 22955/1343 23232/728
DEE 04/04/05 22955/1343 23232/1644
DEE 04/04/05 22955/1343 23232/1807
DEE 04/05/05 22955/1343 23235/3996
DEE 04/06/05 22955/1343 23240/983
DEE 04/07/05 ~2955/1343 23246/2576
DEE 04/07/05 22955/1343 23246/2971
DEE 04/07/0522955/1343 23246/3189
DEE 04/07/05 22955/1343 23246/3282
Second Party
SUTHERLAND,
VANESSA &H
DAVIS, YOSEF
DAVIS, YOSEF
SUTHERLAND,
DAVID &W
SERDYUK, SERGIY
RAO,DAVE
HAKIMI, OMID
HAVERFORD LLC
AZIZOGLU, MURAT
&W
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Party Name: Tl FONTAINEBLEAU TOWER l TO
GRP Doc. Rec. Plat Rec.
Type Date Book/Page Book/Page First Party (Code)
of I
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5/10/20053:00 PM
~Imi-Dade County Clerk - County Recorder's Record Search Results
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Clerk of Courts
11m Judicial CIrcuit of Florida
Miami-Dade County
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Clerk's
File No
G)
County Recorder's Record Search Results
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Party Name: TL FONTAINEBLEAU TOWER LTD
GRP Doc. Rec. Plat Rec.
Type Date Book/Page BooklPage First Party (Code)
Second Party
TL FONTAINEBLEAU
DEE .04/07/0522955/134323246/3326 TOWER LTD STOKES, MARK
PARTNERSHIP (Q)
TL FONTAINEBLEAU
DEE 04/07/05 22955/1343 23246/3502 TOWER L TD POLYGON CORP
PARTNERSHIP (Q)
TL FONTAINEBLEAU
DEE 04/07/05 22955/1343 23246/3708 TOWER L TD COOK, PETER H
PARTNERSHIP (Q)
TL FONTAINEBLEAU
DEE 04/07/0522955/134323246/3850 TOWER LTD MELO, CESAR
PARTNERSHIP (Q)
TL FONTAINEBLEAU EISERMANN FAMILY
DEE 04/07/05 22955/1343 23246/4147 TOWER L TD
PARTNERSHIP (Q) L TD PARTNERSHIP
TL FONTAINEBLEAU 2412
DEE 04/07/0522955/134323246/4265 TOWER LTD FONTAINEBLEAU
PARTNERSHIP (Q) LLC
TL FONTAINEBLEAU OMALLEY, WILLIAM
DEE 04/07/05 22955/1343 23246/4428 TOWER L TD
PARTNERSHIP (Q) F &W
TL FONTAINEBLEAU
DEE 04/07/0522955/134323246/4475 TOWER LTD SILVER HEEL INC
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 344812 1 DEE 04/07/0522955/134323246/4739 TOWER LTD GOLDSTMAN INC
PARTNERSHIP (Q)
TL FONTAINEBLEAU
!ill 2005 R 344923 1 DEE 04/07/05 22955/1343 23247/264 TOWER L TD NASSIMIHA, YOSEFF
PARTNERSHIP (Q)
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!ill 2005 R 344584 1
II 2005 R 344620 1
II 2005 R 344648 1
II 2005 R 344672 1
II 2005 R 344731 1
II 2005 R 344749 1
II 2005 R 344777 1
II 2005 R 344783 1
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ami-Dade County Clerk - County Recorder's Record Search Results
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Clerk of Courts
11 th Judicial Circuit of Florida
Miami-Dade County
I)
ffJ
County Recorder's Record Search Results
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Clerk's
FileNo
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Party Name: TL FONTAINEBLEAU TOWER L TO
GRP Doc. Rec. Plat Rec.
Type Date Book/Page Book/Page First Party (Code)
Second Party
TL FONTAINEBLEAU
II 2005 R 344953 DEE 04/07/0522955/1343 23247/436 TOWER LTD NASSIMIHA, YOSEFF
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 345106 1 DEE 04/07/0522955/134323247/1236 TOWER LTD 2404 BLUE CORP
PARTNERSHIP (Q)
TL FONTAINEBLEAU
DEE 04/08/0522955/134323250/1726 TOWER LTD JAKUBEC, PAVOL
PARTNERSHIP (Q)
DEE 04/08/0522955/134323250/4296 TL FONTAINEBLEAU RAMOS, ERIC J
TOWER L TO (Q)
TL FONTAINEBLEAU
DEE 04/08/0522955/134323252/3829 TOWER LTD COOPER, DAVID
PARTNERSHIP (Q)
TL FONTAINEBLEAU
DEE 04/08/05 22955/1343 23252/4456 TOWER L TD ACEVES, DANIEL
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 351237 1 DEE 04/08/0522955/134323252/4848 TOWER LTD KAUFMAN, ROBERT
: PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 351927 1 DEE 04/08/0522955/134323253/3498 TOWER LTD ROSENBLAKE LLC
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 352003 1 DEE 04/08/0522955/134323253/3939 TOWER LTD TALLURI, RAMESH
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 356016 1 DEE 04/11/0522955/134323257/1160 TOWER LTD RYAN,DANIELA&W
PARTNERSHIP (Q)
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II 2005 R 348583 1
II 2005 R 349057 1
II 2005 R 351042 1
II 2005 R 351149 1
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5/10/20053:00 PM
,ami-Dade County Clerk - County Recorder's Record Search Results
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Clerk of Courts
11 th Judicial Crcuit 0( Florida
Miami-Dade County
(Il
County Recorder's Record Search Results
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Clerk's
File No
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Party Name: TL FONTAINEBLEAU TOWER LTD
GRP Doc. Ree. Plat Ree.
Type Date Book/Page Book/Page First Party (Code)
TL FONTAINEBLEAU
fi 2005R356068 1 DEE 04/11/0522955/134323257/1369 TOWERLTD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
~ 2005 R 356102 1 DEE 04/11/0522955/134323257/1553 TOWER LTD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 356103 1 DEE 04/11/05 22955/1343 23257/1555 TOWER L TD
PARTNERSHIP (Q)
TL FONTAINEBLEAU
II 2005 R 356133 1 DEE 04/11/0522955/134323257/1698 TOWER LTD
PARTNERSHIP (Q)
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(i)
Second Party
MACHOL, JAQUES A
III&W
ODNOC 1 LLC
ODNOC II LLC
FAMADAS, NELSON
&W
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CITY OF
MIAMI BEACH
PLANNING DEPARTMENT
FilE NO:
DATE:
MeR NO,
AMOUNT:
(For Stoff Use Only)
lO
STANDARD APPUCATION FORM
DEVELOPMENT REVIEW BOARD HEARING
1. The below listed applicant wishes to appear before the following City Development Rl!view Board for a scheduled
public hearing: NOTE: This application fonn must be completed separately for eadl applicable Board hearing a matter.
( ) BOARD OF ADJUSTMENT ( ) HISTORIC PRESERVATION BOARD
( ) DESIGN REVIEW BOARD ( ) PLANNING BOARD
( ) FLOOD PLAIN MANAGEMENT BOARD
NOTE: Applications to the Board of Adjustment will not be heard until such time as the Design Review Board, Historic
Preservation Board and/or the Planning Board have rendered decisions on the subject project.
2. THIS REQUEST IS fOR:
a. ( ) A VARIANCE TO A PROVISION(S) OF THE LAND DEVELOPMENT REGULATIONS
(ZONING) OF THE CODE
b. ( ) AN APPEAL FROM'AN ADMINISTRA TIVE DECISION
Co ( ) DESIGN REVIEW APPROVAL
d. ( ) A CERTIFICATE Of APPROPRIATENESS fOR DESIGN
e. ( ) A CERTIFICATE OF APPROPRIATENESS TO DEMOLISH A STRUCTURE
f. ( ) A CONDmONAL USE PERMIT
g. ( ) A LOT SPLIT APPROVAL
h. ( ) A HISTORIC DISTRICT/SITE DESIGNATION
i. ( ) AN AMENDMENT TO THE ZONING ORDINANCE OR ZONING MAP
j. ( ) AN AMENDMENT TO THE COMPREHENSIVE PLAN OR FUTURE LAND USE MAP
k. ( ) O11fER:
PUBLIC RECORDS NOTICE: All DOCUMENTATION, APPLICATION FORMS, MAPS, DRAWINGS, PHOTOGRAPHS, LETTERS AND
EXHIBITS WIll BECOME A PERMANENT PART OF THE PUBLIC RECORD MAINTAINED BY THE CITY OF MIAMI BEACH PLANNING
DEPARTMENT AND MAY, UNDER THE FLORIDA SUNSHINE LAWS, BE DISCLOSED UPON PROPER RE QUEST TO ANY PERSON OR
ENTITY.
3. NAME a. ADDRESS OF PROPERlY:
.'
LEGAL DESCRIPTION:
4. NAME OF APPLICANT
Note: If applicant is a corporation, partnership, limited partnership or trustee, a separate Disclosure of I~rest
Fonn (PlIges 6/7) must be completed as part of this application.
ADDRESS OF APPLICANT
BUSINESS PHONE #
RESIDENCE PHONE #
CITY
FAX #
STATE ZIP
CB..L PHONE #
e-mail addll!SS:
5.
NAME OF PROPERTY OWNER (IF DIFFERENT fROM #4, OTHERWISE, WRITE "SAME")
If the owner of the property is not the applicant and will not be present at the hearing, the Owner/Power of Attorney'
Affidavit (Page 4) must be filled out and signed by the property owner. In addition, if the property owner is a
AI69
corporation, partnership, limited partnership or trustee, a separate Disclosure of Interest Form (Pages 6 and 7) must
be completed.
RESIDENCE PHONE #
e-mail address:
CITY
FAX #
STATE ZIP
ADDRESS OF PROPERTY OWNER
BUSINESS PHONE #
CELL PHONE #
~ '
NAME OF ARCHITECT, LANDSCAPE ARCHITECT, ENGINEER, CONTRACTOR OR OTHER PERSON RESPONSIBLE FOR
PROJECT DESIGN
ADDRESS (please circle one of the above)
CITY
STATE
ZIP
. BUSINESS PHONE #
RESIDENCE PHONE #
FAX #
CELl. PHONE # e-mail address:
7. NAME OF AUTHORIZED REPRESENTATIVE(S), ATTORNEY(S), OR AGENT(S) AND/OR CONTACT PERSON:
a. NAME ADDRESS
BUSINESS PHONE # RESIDENCE PHONE #
CB.L PHONE # e-mail address:
b.
NAME ADDRESS
BUSINESS PHONE # FAX #
CB.L PHONE # e-mail address:
Co
NAME ADDRESS
BUSINESS PHONE # FAX #
CB.L PHONE # e-mail address:
CITY
FAX #
STATE ZIP
CITY
STATE ZIP
CITY
STATE ZIP
NOTE: ALL ARCHITECTS, LANDSCAPE AROfITECTS, ENGINEERS, CONTRACTORS OR OTHER
PERSONS RESPONSIBLE FOR PROJECT DESIGN, AS WELL AS AUTHORIZED REPRESENTATIVE(Sl,
ATTORNEY(S), OR AGENT(S) AND/OR CONTACT PERSONS, WHO ARE REPRESENTING OR
APPEARING ON BEHALF OF It THIRD PARTY ARE REQUIRED TO REGISTER AS A LOBBYIST WITH
THE CLERK, PRIOR TO THE SUBMISSION OF AN APPLICATION.
2
ft \ to
8. DESCRIBE PROPOSAL IN FUll:
9. TOTAL FLOOR AREA OF NEW BUILDING:
(excluding required parking, unendosed stairways and balconies)
10. PRESENT ZONING CLASSIFICATION OF PROJECT SITE:
11. IF APPLICANT IS OWNER, INDICATE DATE ACQUIRED:
12. IF APPLICANT IS LESSEE, INDICATE DATE LEASED:
13. HAS A HEARING BEEN HELD BEFORE ANY OF THE BOARDS LISTED IN 1. ABOVE OR BEFORE THE CITY
COMMISSION ON THIS PRO PERTY WITHIN THE LAST FIVE YEARS? [ ] YES [ ] NO [ ] DON'T KNOW. IF YES,
PROVIDE DATE(S), REASON AND OUTCOME OF HEARING(S):
SQ. FT.
14. IS THERE AN EXISTING BUILDING ON THE SITE? YES ( ) NO ( ). IF YES, RfSPOND TO QUESllONS 15 AND 16 BElOW.
15. DESCRIBE ANY BUILDINGS EXI~NG ON THE SITE AT PRESENT:
16. WILL ALL OR ANY PORTION OF THE BUILDING(S) INTERIOR AND/OR EXTERIOR, BE DEMOLISHED? [ ] YES
[ ] NO
PLEASE EXPLAIN:
17. IS THERE A CONTRACT OR OPTION TO PURCHASE OR LEASE THE SUBJECT PROPERTY? [ ] YES [ 1 NO. IF YES
IDENTIFY THE CONTRACT PURCHASER OR LESSEE AT THE BOTTOM OF PAGE 5, AND PROVIDE THE oVPROPRIAit
DISCLOSURE REQUIRED IN THE -DISCLOSURE OF INTEREST'" FORM ON PAGE 6.
18. TOTAL FEE: (to be computed by staff) $
NOTE: APPLICATIONS FOR BOARD HEARINGS CANNOT BE ACCEPTED WITHOUT PAYMENT OF THE REQUIRED FIE
ALL CHECKS ARE TO BE MADE PAYABLE TO: .CITY OF MIAMI BEACH ..
..
WHEN THE APPLICABLE BOARD REACHES A DECISION REGARDING THIS REQUEST, A FINAL ORDER WIll BE ISSUED
STATING THE BOARD'S DECISION AND ANY CONDITIONS IMPOSED THEREIN. FINAL ORDERS ISSUED BY THE BOARD OF
ADJUSTMENT, THE HISTORIC PRESERVATION BOARD AND THE PLANNING BOARD MUST BE RECORDED IN THE OFFICEOF
THE RECORDER, MIAMI-DADE COUNTY AND THE ORIGINAL RETURNED TO THE BOARD SECRETARY. FINAl ORDERS FROM
OTHER BOARDS WILL BE MAILED TO THE APPLICANT, THE ARCHITECT AND/OR THE CONTACT PERSON. IN NO
ORCUMSTANCES WILL A BUILDING PERMIT BE ISSUED BY THE CITY OF MIAMI BEACH WITHOllT A COPY OF THE PERTINENT
FINAL ORDER BEING TENDERED ALONG WITH THE CONSTRUCTION PLANS.
In acxordance with the Amer1cans With DisabiIIlIes Nt. fll990, persa1S needing spedaI.Cul....lOdallclh III IlI/UdPBle In anr prtl(lIledngs should oontact the BoiIfd's
MninIStrlllDr no later than lbur days priOr III the proceeding at 305-67l-7550 (YOice), If hearing ~ t'cr sign language Interprl!lers. tIve days IX' WamalDI on
access t'cr persons with disabilities can 305-67l-n19 (100).
3
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PLEASE COMPLETE ONE OR MORE OF THE FOLLOWING THREE AFFIDAVITS, AS APPUCABLE.
Iim& THE PROPERTY OWNER MYII FILL OUT AND SIGN THE .OWNER/POWER OF ATTORNEY" PORTION IF
THEY WILL NOT BE PRESENT AT THE HEARING.
TENANT or OWNER AFFIDAVIT (clrde one)
I, . being first duly sworn, depose and say that I am the owner/tenant of the property described and
which Is the subject matter of the proposed hearing; that all the answers to the questions In this application and all sketch data and other
supplementary matter attached to and made a part of the application are honest and true to the best of my knowledge and belief. I
understand th Is application must be completed and accurate before a hearing can be advertlsed.
SIGNATURE
I, . hereby authorize the City of Miami Beach to enter my property for the sole purpo secfp:Eli"g a
NOTICE OF PUBLIC HEARING on my property as required by law and I take the responsibility of removing this notice after the date cf
. hearing.
SIGNA TURE
Sworn to and subscribed before me this _ day of
, who has produced
, 2(XL. The foregoing ins1nJment was acknowledged before me by
as identification and/or is personally known to me and who
did/did not take an oath.
NOTARY PUBLIC
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MY COMMISSION EXPIRES:
PRINT NAME
OWNER/POWER OF ATTORNEY AFFIDAVIT
I, , being duly sworn and deposed say that [ am the owner of the desaibed real property and that I am
aware of the nature and effect of the request for relative to my property, which request is hereby
made by me OR I am hereby authorizing to be my legal representative before the Design Review
Board/Historic Preservation Board.
SIGNATURE
I, . hereby authorize the Oty of Miami Beach to enter my property for the sole purpose of posting a
NOTICE OF PUBlIC HEARING on my property as required by law and I take the responsibility of removing this notice after the date of
hearing. :
SIGNATURE
Sworn to and subscribed before me this _ day of
, who has produced
,200_. The foregoing instrUment was acknowledged before me by
as Identiflcatlon and/or Is personally known to me and who dicVckI
not ta
NOTARY PUBLIC
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MY COMMISSION EXPIRES:
PRINT NAME
4
fl. 1l"1-
CORPORAnON or PARTNERSHIP AFFlDAvrT (circle one)
I,
, being duly sworn, depose and say that I am the Presldent/Vlce President of
and as su ch, have been authorized by the corporation to file this application that all
answers to the questions in said application and all sketches, data and other supplementary matter attached to and made a part of the
application are honest and true to the best of our knowledge and belief; that said corporation is the owner/tenant of the property
described herein and is the subject matter of the proposed hearing. We understand this application must be completed and accurate
before a hearing can be advertised.
PRINT NAME
PRESIDENrs SIGNATURE (Corp. Seal)
PRINT NAME
AlTEST: SECRETARY'S SIGNATURE
I, . hereby authorize the City of Miami Beach to enter my property for the sole purpose eX posting
a NOTICE OF PUBLIC HEARl NG on my property as required by law and I take the responsibility of removing this notice after the date of
. hearing.
SIGNATURE
Sworn to and subscribed before me this _ day of
, who has produced
did/did not take an oath.
, 20<L. The foregoing instnJment was ac:mowtedged before me by
as identffication and/or Is personally known to me and who
NOTARY PUBLIC
PRINT NAME
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MY COMMISSION EXPIRES:
CONTRACT FOR PURCHASE
..'
If there is a CONTRACT FOR PUROiASE, whether contingent on this application or not, and whether a corporation, trustee or
partnership, list the names of the contract purchaSers below, induding the principal officers, stockholders, benefidarles or partners.
Where the principal offic ers, stockholders, benefldarles or partners consist of another corporation, trust, partnership or other similar
entity, further disclosure shall be required which discloses the identity of the lndIvidual(s) (natural persons) having the ultimate ownership
interest In the entity. If any contingency clause or contract tenns Involve additional Individuals, corporations, partnerships or trusts, list
all individuals and/or complete the aWC;>Priate disclosure clause above. *
DATE OF CONTRACT
% OF STOCK
NAME
NAME, ADDRESS, AND OFFICE
For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the dates
of final publiC hearing, a supplemental disclosure of interest shall be filed.
5
(-\ , \,
CITY OF MIAMI BEACH
DEVELOPMENT REVIEW BOARD APPLICATION
DISCLOSURE OF INTEREST
1. CORPORATION
If the property which is the subject of the application is owned or leased by a CORPORATION, list the
principal stockholders and the percentage of stock owned by each. Where the principal officers or
stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar entity,further
disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the
ultimatp. ownership interest in the entity).*
CORPORATION NAME
NAME, ADDRESS, AND OFFICE
0/0 OF STOCK
CORPORATION NAME
NAME, ADDRESS, AND OFFICE
0/0 OF STOCK
IF THERE ARE ADDmONAL CORPORA nONS, USTOTHERS, INCLUDING CORP. NAME(S) AND EACH
INDIVIDUAL'S NAME, ADDRESS, OFFICE AND PERCENTAGE OF STOCK, ON A SEPARATE PAGE.
NOTE: Notarized signature required on page 8
CITY OF MIAMI BEACH
DEVELOPMENT REVIEW BOARD APPLICATION
6
pr \\~
DISCLOSURI; OF INTEREST
2. TRUSTEE
If the property which is the subject of the application Is owned or leased by a TRUSTEE, list the beneficiaries
of the trust and the percentage of interest held by each. Where the beneficiary/beneficiaries consist of
corporations(s), another trust(s), partnership(s) or other similar entity, further disclosure shall be required
which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest In
the entit y . *
TRUST NAME
NAME, ADDRESS, AND OFFICE
0/0 OF STOCK
3. PARTNERSHIP/UMITED PARTNER5H1P
If the property which is the subject of the application is owned or leased by a PARTNERSHIP or UMITED
PARTNERSHIP, list the principals of the partnership, Including general and limited partners. Where the
. partner(s) consist of another partnership(s), corporatlon(s), trust(s) or other similar entity, further disclosure
shall be required which discloses the identity of the indlvidual(s) (natural persons) having the ultimate
ownership interest in the entity.*
PARTNERSHIP or UMITED PARTNERSHIP NAME
NAME, ADDRESS, AND OFFICE
0/0 OF STOCK
NOTE: Notarized signature required on page 8
7
f\ llS
4. COMPENSATED LOBBYIST:
The City of Miami Beach Code sub-section 118-31 requires the disclosure of any individual or group which has
been, or will be, compensated to either speak in favor of or against a prOject being presented before any of
the City's Development Review Boards, or not to speak at all. Please list below all persons or entities
encompassed by this section.
NAME
ADDRESS
PHONE #
TO SPEAK
PRO CON
NOT TO
SPEAK
a.
b.
c.
Additional names can be placed on a separate page attached to this form.
* Disclosure shall not be required of any entity, the equity Interest in which are regularly traded
on an P.Stabllshed securities market in the United States or other country, or of any entity, the
ownership interests of which are held in a limited partnership consisting of more than 5,000
separate Interests and where no one person or entity holds more than a total of 5% of the
ownership Interests in the limited partnership.
The applicant, hereby attests that the disdosure Information listed on this application Is a full dlsdosure of all parties of interest In this
application to the best of my knowledge and belief.
ADDIicant also herebv IIdcnowtedaM tMt - lIDDIOVIII aranlBd bv the BolII'cI so a: to. :::::e:::-a to a~~nd aD
conditions ImDOlled bY said BolII'cI and bY any other BolII'cI havIna furisdlc.tion. and _the ___ "-L- also com_ with
the code of the Citv of Miami Beach and all other Derl:lnent ordinances.
PERSON SUBMITnNG APPUCATION:
S1gnabrre
Print Name
STATE AFFIUATION WITH APPUCANT (i.e. Agent, Architect, Attorney, Contractor, etc.)
Phone # ."
Sworn to and subscribed before me this _ day of
by , who has produced
did/did not take an oath.
, 200_. The foregoing lns1nJment was acknowledged before me
as identification and/or Is per sonaIIy known to me and v.f1o
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MY COMMISSION EXPIRES:
NOTARY PUBUC
PRINT NAME
F:\PI.Nf,$ORB\GENEIW.~2.DOC
)iy 11, 2003
8
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