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2016-29635 Reso RESOLUTION NO. 2016-29635 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93 OF THE CITY CODE, APPROVING A REVOCABLE PERMIT REQUEST BY 418 MERIDIAN, LLC, IN ORDER TO ALLOW THE INSTALLATION OF CANOPY ON THE EAST FACADE OF THE PLAZA HOTEL, LOCATED AT 426 MERIDIAN, WHICH CANOPY WOULD BE CONSISTENT WITH THE HISTORIC DOCUMENTATION FOR THE CONTRIBUTING STRUCTURE WITHIN THE OCEAN BEACH LOCAL HISTORIC DISTRICT, AND WHICH CANOPY WOULD EXTEND APPROXIMATELY EIGHT FEET (8') OVER THE RIGHT-OF-WAY (SIDEWALK) ON MERIDIAN AVENUE, WOULD BE 49 FEET IN LENGTH WITH A CLEARANCE OF APPROXIMATELY 12 FEET ABOVE THE SIDEWALK, AND CONSIST OF A TOTAL AREA OF 377.71 SQUARE FEET, WHICH PERMIT IS CONSISTENT WITH THE CRITERIA OF SECTION 82-94, OF THE CITY CODE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. WHEREAS, 418 Meridian, LLC (Applicant) is the owner of the Plaza Hotel, located at 426 Meridian Avenue, and is requesting a revocable permit for the recreation of the historic canopy on the east façade extending approximately eight feet over the sidewalk; and WHEREAS, the City's Historic Board Preservation Board (HPB) required the installation of the East Canopy as replication of the original canopy in accordance with available historic documentation, inclusive of location and dimensions, through HPB File No. 7392 approved on November 12, 2013; and WHEREAS, the Applicant is proposing the reintroduction of the original canopy, measuring approximately 49 feet long and 8 feet wide with the clearance of approximately 12 feet above the sidewalk; and WHEREAS, the improvements being proposed by the Applicant will increase the value of the Property and in turn the neighborhood. Granting the revocable'permit will not confer any special privilege upon the Applicants; and WHEREAS, at its September 14, 2016 meeting, pursuant to Section 82-93(a) of the City Code, the City Commission approved the Resolution on First Reading, and scheduled a public hearing to consider the request for a revocable permit; and WHEREAS, additionally, in accordance with Section 82-93(b) of the City Code, to mail notice of the public hearing to owners of land lying within 375 feet of the existing permit area; and WHEREAS, Public Works has analyzed the criteria contained in Sections 82-94 and believes the application to be consistent with the criteria therein, and have provided the City Commission with a report analyzing the relevant criteria; and WHEREAS, in accordance to Section 82-94, the City Commission is to review the application to determine whether the revocable permit shall be granted or denied based upon existence of the following criteria: (1) that the applicant's need is substantial; (2) that the applicant holds title to an abutting property; • (3) that the proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and laws; (4) that the grant of such application will have no adverse effect on governmental/utility easements and uses on the property; (5)Alternatively: a. That an unnecessary hardship exists that deprives the applicant of a reasonable use of the land, structure or building for which the revocable permit is sought arising out of special circumstances and conditions that exist and were not self-created and are peculiar to the land, structures or building involved and are not generally applicable to other lands, structures or buildings in the same zoning district and the grant of the application is the minimum that will allow reasonable use of the land, structures or building; or b. That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. (6) that granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district; and (7) that granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. In order to grant a revocable permit, the city commission must make an affirmative finding with respect to each of the criteria set forth above. These findings may be made by one motion addressed to all findings or, at the request of any member of the Commission, a finding or findings shall be considered separately; and, WHEREAS, the conditions for the revocable permit comply with the requirements of Section 82- 95, as it relates to the terms and conditions for the issuance of the permit, and conditions for its termination; and WHEREAS, the City Manager and Public Works Director recommend approval of the revocable permit request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing, as required pursuant to Section 82-93 of the City Code, approve revocable permit request by 418 Meridian, LLC, in order to allow the installation of canopy on the east façade of the Plaza Hotel, located at 426 Meridian, which canopy would be consistent with the historic documentation for the contributing structure within the Ocean Beach Local Historic District, and which canopy would extend approximately eight feet (8') over the right-of-way (sidewalk) on Meridian Avenue, would be 49 feet in length with a clearance of approximately 12 feet above the sidewalk, and consist of a total area of 377.71 square feet; and which permit is consistent with the criteria of section 82-94, of the City Code; and authorizing the Mayor and City Clerk to execute the revocable permit. PASSED and ADOPTED this 9 day of *ve1,16er r/ ATTEST: ��` B EA C111hj�� L • em— %.14, 4 Philip Le Prre,ta i r LO Rafe: E. Granada Cu Clerk S • \N� • '' APPROVED AS TO 4 1/ ..1,5;4" FORM & LANGUAGE • ph6-7 ' ••••••• r- &FOR EXECUTION ; 10 4/ 11111,141anwo,44' City Attorney Date • We are committed to providing excellent public service and safely to all who live, work,and ploy in our vibrant, tropical, t r c community. Resolutions - R7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: November 9, 2016 10:50 a.m. Public Hearing SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93 OF THE CITY CODE, APPROVING A REVOCABLE PERMIT REQUEST BY 418 MERIDIAN, LLC, IN ORDER TO ALLOW THE INSTALLATION OF CANOPY ON THE EAST FACADE OF THE PLAZA HOTEL, LOCATED AT 426 MERIDIAN, WHICH CANOPY WOULD BE CONSISTENT WITH THE HISTORIC DOCUMENTATION FOR THE CONTRIBUTING STRUCTURE WITHIN THE OCEAN BEACH LOCAL HISTORIC DISTRICT, AND WHICH CANOPY WOULD EXTEND APPROXIMATELY EIGHT FEET (8') OVER THE RIGHT-OF-WAY (SIDEWALK) ON MERIDIAN AVENUE, WOULD BE 49 FEET IN LENGTH WITH A CLEARANCE OF APPROXIMATELY 12 FEET ABOVE THE SIDEWALK, AND CONSIST OF A TOTAL AREA OF 377.71 SQUARE FEET, WHICH PERMIT IS CONSISTENT WITH THE CRITERIA OF SECTION 82-94, OF THE CITY CODE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. RECOMMENDATION The Administration recommends approving the resolution. ANALYSIS 426 Meridian, LLC (Applicant) is the owner of the Plaza Hotel, located at 418 Meridian Avenue, and is requesting a revocable permit for the recreation of the historic canopy on the east façade extending approximately eight feet over the sidewalk. The City's Historic Board Preservation Board (HPB) required the installation of the East Canopy as replication of the original canopy in accordance with available historic documentation, inclusive of location and dimensions, through HPB File No. 7392 approved on November 12, 2013. The Applicant is proposing the reintroduction of the original canopy, measuring approximately 49 feet long and 8 feet wide with the clearance of approximately 12 feet above the sidewalk. The improvements being proposed by the Applicant will increase the value of the Property and in turn the neighborhood. Granting the revocable permit will not confer any special privilege upon the Applicants. Page 415 of 906 At its September 14, 2016 meeting, pursuant to Section 82-93(a) of the City Code, the City Commission approved the Resolution on First Reading, and schedule the public hearing to consider the request for a revocable permit and; additionally, in accordance with Section 82- 93(b)of the City Code, to mail notice of the public hearing to owners of land lying within 375 feet of the existing permit area. At the public hearing, the revocable permit application will be reviewed pursuant to Section 82-94, of the City Code. CONCLUSION Legislative Tracking Public Works ATTACHMENTS: Description ❑ Canopy detail 1 ❑ canopy general view ❑ Letter of intent and engineering report ❑ Sketch and legal ❑ Survey ❑ 426 Meridian Avenue- Revocable Permits - Resolution Page 416 of 906 11.1,1 1 a ' :�1 " °° :" •.11 e rw - ,• 1:. x 21 9 5s sW m big$ ; 11111111111®1111111111111111111111 ia' egg iw U j EWU „ �1 I aIR weeu wne, ar.10lx.all .[c g 8 W 4 is s slNi36 S31dON 3 55•a= - 1 s j •� \ smSlN Pus.I.N Pelki i \I 1 K / 4.2dl ( V'.:3Yoel - \ Yi _._...... I =ENE MO MO ya NM NM A IM e r- tr IR I 0 5 _ __ _ter it.' _ >;•131.4 NI LAM I00. III 11 .» a - — o ,te=a .0 5 _t§P6ii Z.5t 8 11,,, ...<:t - S. 8 SF' •=r -i ,i.,: i 1199,70P'"gillialiiiii?al 1 ,. IIIMIIM11111 w IIIIIII !IIII i: c) . . i . a _ g• I ;r= c i •tc...., La -R., i ' J k a ow..v sn130 S31dONYJ J i 1; _, 9n 5P'''''''''. 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LANE) USE ANA ENVIRONMENTAL LAW DIRECT LINE:(305)377-6236 E-Mail: MAmster @BRZoningLaw.com VIA HAND DELIVERY &EMAIL August 9, 2016 Eric Carpenter, Director Public Works Department City of Miami Beach 1700 Convention Center Drive,4th Floor Miami Beach, Florida 33139 Re: Revocable Permit Application for Entrance Canopy for 418-426 Meridian Avenue, Miami Beach, Florida Dear Eric: This law firm represents 418 Meridian, LLC (the "Applicant"), the owner of the above-referenced parcels identified by Miami-Dade County Folio Numbers 02-4203-009- 5040 and 02-4203-009-5030, which are known as 418 Meridian Avenue (collectively, the "Property"). Please consider this letter the Applicants' letter of intent requesting City Commission approval of a Revocable Permit to permit the recreation of a historic canopy on the east façade of the hotel at the north end of the Property.This approval will enable compliance with the development approvals granted by the Historic Preservation Board ("HPB"), most recently on November 12, 2013. See HPB Order 7392, attached. Property Description. The Property consists of two adjacent lots located at the southwest corner of the intersection of Meridian Avenue and 5th Street. An alley is located on the west side. The Property is surrounded by a mix of residential and commercial properties. To the east, there is a new 3-story commercial building with a rooftop structure. To the southeast, south and southwest, there are multifamily apartment buildings. To the west there is a recently renovated retail building with a bank. To the north, across 5th Street, there are a Walgreens store, Shell gas station, 2- story hotel,small parking lot and a 3-story 58-unit residential condominium with ground floor retail. The Property is located within the C-PS2 Zoning District and is located within the Ocean Beach Local Historic District. SOUTHEAST FINANCIAL CENTER•200 SOUTH BISCAYNE BOULEVARD, SUITE 850•MIAMI, FLORIDA 33131 PHONE.305.374.5300• ge0 .59efii06YWW.BRZONINGLAW.COM Eric Carpenter, Director August 9, 2016 Page 2 of 5 The Property contained three(3)buildings,all of which are contributing structures in the Historic Properties Database. The north building (formerly identified as 426 Meridian Avenue), which fronts on 5th Street and Meridian Avenue, was designed as a hotel with 84 rooms by architect Alvin L. Simmons in the Mediterranean Revival style and built in 1925. The vast majority of these units were served by hallway bathrooms. This three-story building was originally mid-block before the expansion of 5th Street and thus focuses on the Meridian Avenue frontage. For many years this building has been known as the Plaza Hotel. The lobby is located on the ground floor at the eastern end of the building facing Meridian Avenue. The southeast building (formerly known as 422 Meridian Avenue), which fronts on Meridian Avenue,was a 1-story 5-unit apartment building designed by Gerard Pitt in the Post War Modern style and built in 1953. The southwest building (former known as 418-420 Meridian Avenue), which only fronted on the alley, was 2-stories and contained 4 apartment units. It was originally built in the 1927,apparently as a single residence and may have contained a garage. The original architect is unknown and the design is fairly non-descript Mediterranean Revival style. Development Program. The Applicant has restored and preserved the Property in compliance with HPB Order No. 7392. Pursuant to same, the most prominent aspects of the existing buildings, namely the exterior and lobby of the 3-story Mediterranean Revival Plaza Hotel and the existing frontage of the 1-story Post War Modern southeast building on Meridian Avenue. All façades fronting the streets have been restored. The HPB approved the demolition of the southwest to allow for new construction on the west side of the Property connecting the Plaza Hotel to the southeast building to achieve one hotel development with a total of 43 rooms. At this time one of the final components of the restoration includes the reintroduction of the original canopy for the Plaza Hotel on Meridian Avenue. The canopy, measuring approximately 49 feet long and 7.708 feet wide with a clearance of approximately 12 feet above the sidewalk, will be placed along 5th Street frontage to bring much needed attention to the Plaza Hotel while simultaneously creating a grander entrance to this portion of South Beach. The restoration of the canopy was specifically opined on by the HPB and memorialized through condition 1.a. of HPB Order No. 7392. Satisfaction of the Revocable Permit Criteria. The City Code provides the ability to obtain a revocable permit for the encroachment of the historic canopy into the Meridian Avenue pedestrian right of way. The Applicants satisfy the revocable permit criteria stated in Section 82-94 of the City Code as follows: BERCOW RADELL&FERNANDEZ ZONING. LANG UptSig 6.11120 980NM EN TA L LAW Eric Carpenter, Director August 9, 2016 Page 3 of 5 • The Applicant's need is substantial. The Applicant respectfully requests the revocable permit in order to comply with the conditions of HPB Order No. 7392. The revocable permit will allow the Property to maintain compliance with this development approval and allow the historic structure to maintain its historic aesthetic. • The Applicant holds title to an abutting property. The Applicant owns the Property, which has historically been comprised of three (3) separate buildings with three separate addresses on two lots,as described above. For the purposes of the proposed development and restoration, the Applicant unified the Property. The folio combination has not yet been completed by Miami-Dade County Property Appraiser. • The proposed improvements will comply with applicable codes, ordinances,regulations,neighborhood plans and laws. The proposed canopy will comply with applicable codes, ordinances, regulations, neighborhood plans and laws. The restoration of the canopy has been specifically requested by the HPB and the Applicant has requested a revocable permit to ensure that encroachment of the required canopy complies with the applicable regulations. • The grant of the application will have no adverse effect on governmental/utility easements and uses on the property. The grant of the revocable permit will allow the Applicant to recreate the historic canopy that existed on the property for decades. The canopy will be installed at an appropriate height, 12 feet clearance, which permits free pedestrian passage below the canopy and does not obstruct the right-of-way. The restored canopy will have no adverse effect on governmental/utility easements and uses on the property. • An unnecessary hardship exists that deprives the Applicant of a reasonable use of the land. A canopy was incorporated into the original design of the Plaza Hotel on the Property. Previously,a revocable permit was not required for the installation or retention of this type of canopy. The HPB made a determination that the canopy should be recreated in compliance with the historic aesthetic of the Plaza Hotel. The restoration of the canopy results in the required revocable permit. Due to the existing building location BERCOWo ER►De �f;ie�_ Eric Carpenter, Director August 9, 2016 Page 4 of 5 and the HPB requirement for the restoration of the canopy,the Applicant would suffer a hardship if not granted this revocable permit. • That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. The proposed canopy will pay homage to the historic appearance of the Plaza Hotel and promote pedestrianism in the area. Further, the restoration of the canopy will increase the value of the Property, and in turn that of the neighborhood. • That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owner within the City of Miami Beach can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community. Many historic buildings were similarly constructed with canopies projecting into the right-of- way and to recreate any such historic canopy would also require a revocable permit application. • That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact it will improve the historic character of the Property and the surrounding area. Conclusion. The approval of this revocable permit application is necessary to successfully complete the restoration and redevelopment of this small historic gem. We respectfully request your recommendation of approval for the revocable permit to allow the restoration of the historic canopy. We believe that the granting of the revocable permit is compatible with the City's requirements and will ultimately result in a great improvement to the Property and the surrounding area. As always,we look forward to BERCOW RADELL&FERNAN DEZ 20 N1 P.1 . LAN t) U 860NO2E3f'93 °N M E .L LAW 1 Eric Carpenter, Director August 9, 2016 Page 5 of 5 your favorable review. Should you have any questions, please do not hesitate to contact me at: (305)377-6236. Sincerely, AO le Matthew Amster Attachment cc: Roger Buell (by email only) Carey Osbourne (by email only) Otniel Rodriguez (by email only) Deborah Tackett (by email only) Roberto D. Colmenero (by email only) Michael W. Larkin, Esq. (by email only) BERCOW RADELL l`W&�nFERNAN DEZ ZO N I PI LAND tg0 2i3 6 0 N M E TAI_ LAW • 1 11 1111 11111 11111 11111 11111 11111 11111 1111 101 CFN 2014-R0005262 OR Bk 28475 Pas 3111 - 3118i (bass} RECORDED 01/03/2014 14:0906 HARVEY RUVIN, GLERr. OF COURT HISTORIC PRESERVATION BOARD MIAMI-DARE COUNTY? FLORIDA City of Miami Beach, Florida MEETING DATE: November 12, 2013 ;, CERTIFICATION O..•:...i •;�•a, ,:.� TNIS IS TO CERTIFY THAT THE ATTACHED DOCUMENT IS A TRUE AND ACCURA .COPY I THE ORIGINAL ON FILE NO: 7392 m RLEIN OFRCEDF • DEPARTMENT. . .� I�: z � IRDrelare Plano Daecbr a I i •) (Date} $ %me or rr uao PROPERTY: 418-426 Meridian Avenue N 5 NayP�slate ofRerira g Large Wed Name:"7 d2S A A o2-/ n My Commission E>yhes:(Seal)/6`—0—!-3 This document contains . LEGAL: Lots 3-4, Block 75, of Ocean Beach Addition No. 3, According to the Plat Thereof, as Recorded in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida. IN RE: The Application for a Certificate of Appropriateness for the partial demolition, renovation and alteration of an existing 3-story hotel structure including the construction of a roof-top addition, the demolition of an existing 2-story building, the substantial demolition of an existing single story structure, and the construction of a new 4-story building. ORDER The applicant, 418 Meridian, LLC, filed an application with the City of Miami Beach Planning Department for a Certificate of Appropriateness. The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter. A. The subject structure is classified as 'Contributing' in the Miami Beach Historic Properties Database and is located within the Ocean Beach Historic District. ANO coer ti ci.eR[ C' 4. B. Based on the plans and documents submitted with the application, testimo (4-1,n 4 `a- information provided by the applicant, and the reasons set forth in the Planning Dep-t111 Staff Report, the project as submitted is consistent with the Certificate of Appropria Ti Criteria in Section 118-564(a)(1) of the Miami Beach Code, is consistent with Certific\ ,Tr"`"'k' ��:1 Appropriateness Criteria in Section 118-564(a)(2) of the Miami Beach Code, is not consis Q O r� Page 424 of 906 Page 2 of 8 HPB File No. 7392 Meeting Date: November 12, 2013 with Certificate of Appropriateness Criteria `b' in Section 118-564(a)(3) of the Miami Beach Code, and is consistent with Certificate of Appropriateness Criteria for Demolition in Section 118-564(f)(4) of the Miami Beach Code. C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: 1. Revised elevation, site plan and floor plan drawings shall be submitted to and approved by staff; at a minimum, such drawings shall incorporate the following: a. The original canopy structure located along the east elevation of the Plaza Hotel shall be reconstructed in a manner consistent with available historic documentation, inclusive of location and dimensions, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. b. Final details of all exterior surface finishes and materials shall be required, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, prior to the issuance on a building permit. c. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required and all new proposed windows shall substantially match the original window configurations, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. d. All new windows, doors and glass shall be required and all new proposed windows shall match the original window sizes and configurations, except where otherwise approved, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, prior to the issuance on a building permit. e. The final design and details of all exterior lighting shall be provided, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. Interior lighting shall be designed in a manner to not have an adverse overwhelming impact upon the historic hotel or the surrounding historic district. f. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly noted on a revised roof plan and elevation drawings and shall be screened from view, and all kitchen exhaust ducting shall be contained within the building from the first floor through to the roof, in a manner to be reviewed and approved •-� staff, consistent with the Certificate of Appropriateness Criteria an. - laeuo directions from the Board. Any rooftop mechanical equipment, str , � x yco screening not shown on the plans approved by the Board may require I tg l y approval. t4.& 4 Page 425 of 906 '� Page 3 of 8 • HPB File No. 7392 Meeting Date: November 12, 2013 g. A museum quality historic analysis and display of the existing structure, inclusive of a photographic and written description of the history and evolution of the original building and its changes of use over time, shall be submitted to and approved by staff, prior to the issuance of a Certificate of Occupancy or a Temporary Certificate of Occupancy; such historic analysis shall be displayed prominently within the public area of the historic structure, in a location to be determined by staff. h. The applicant shall submit a complete structural report prepared by a structural engineer registered in the State of Florida for the phased demolition, shoring, bracing, and stabilization of the historic building, including the methodology for the insertion of the new structural system(s), to fully ensure that the structural stability and integrity of the historic building and new construction is preserved both during and after construction, in a manner to be reviewed by staff, consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, and approved by the Building Department,prior to the issuance of a demolition permit. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all applicable FPL transformers or vault rooms; such transformers and vault rooms, and all other related devices and fixtures, shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of any exterior transformers, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. j. Prior to the issuance of a Certificate of Occupancy, the Architect for the project architect shall verify, in writing, that the project is consistent with the elevations, floor plans, site plan and landscape plans approved by the Planning Department for Building Permit. 2. A revised landscape plan, prepared by a Professional Landscape Architect, registered in the State of Florida, and corresponding site plan, shall be submitted to and approved by staff. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be clearly delineated and subject to the review and approval of staff. At a minimum, such plan shall incorporate the following: a. Ficus or similar hedges shall be prohibited in the front of the buildings along Meridian Avenue or Fifth Street; low growing shrubs'and planting may be permitted, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, prior to the issuance on a building permit. b. All Existing overhead utilities abutting the subject site shall be. •laced underground, unless determined to be technically unfeasible or cost p (Qa Guilt Q c. All exterior walkways and driveways shall consist of decorati y-%•. concrete, in a manner to be reviewed and approved by staff con• L-n°s he l Certificate of Appropriateness Criteria and/or the directions from t to the issuance on a building permit. . � .ii//����y{{JJ�{{��Y�pf► Page 426 of 906 Page 4of8 HPB File No. 7392 Meeting Date: November 12, 2013 d. A fully automatic irrigation system with 100% coverage and an automatic rain sensor in order to render the system inoperative in the event of rain. Right-of- way areas shall also be incorporated as part of the irrigation system. e. The utilization of root barriers and/or Silva Cells, as applicable, shall be clearly delineated on the revised landscape plan. f. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all backflow preventors and all other related devices and fixtures; such fixtures and devices shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of backflow preventors, Siamese pipes or other related devices and fixtures, if any, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, prior to the Issuance on a building permit. g. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all applicable FPL transformers or vault rooms; such transformers and vault rooms, and all other related devices and fixtures, shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of any exterior transformers, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board, prior to the issuance on a building permit. h. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for the project architect shall verify, In writing, that the project is consistent with the site and landscape plans approved by the Planning Department for Building Permit. 3. All building signage shall be consistent in type, composed of flush mounted, non-plastic, individual letters and shall require a separate permit. 4. The final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff and shall require a separate permit. 5. A traffic mitigation plan, which addresses all roadway Level of Service (LOS) deficiencies relative to the concurrency requirements of the City Code, if required, shall be submitted prior to the issuance of a Building Permit and the final building plans shall meet all other requirements of the Land Development Regulations of the City Code. P�yp 4. cou4,1r 6. All new and altered elements, spaces and areas shall meet the requireme t$- 4 0 Florida Accessibility Code(FAC). ( o • 4X'4 • • l/• „c:rY 1. \L� M600 WI 14131 e v E A•4• t• Page 427 of 906 `� - • Page 5 of 8 HPB File No 7392 Meeting Date: November 12, 2013 7. The project shall comply with any landscaping or other sidewalk/street improvement standards as may be prescribed by a relevant Urban Design Master Plan approved prior to the completion of the project and the issuance of a Certificate of Occupancy. 8. The applicant may be required to submit a separate analysis for water and sewer requirements, at the discretion of the Public Works Director, or designee. Based on a preliminary review of the proposed project, the following may be required by the Public Works Department: a. A traffic and neighborhood impact study shall be conducted as a means to measure a proposed development's impact on transportation and • neighborhoods. The study shall address all roadway Level of Service (LOS) deficiencies relative to the concurrency requirements of the City Code, and if required, shall be submitted prior to the issuance of a Building Permit. The final building plans shall meet all other requirements of the Land Development Regulations of the City Code. The developer shall refer to the most recent City of Miami Beach's Traffic and Neighborhood Impact Methodology as issued by the Public Works Department. b. Remove/replace sidewalks, curbs and gutters on all street frontages, if applicable. Unless otherwise specified, the standard color for city sidewalks is red, and the standard curb and gutter color is gray. c. Mill/resurface asphalt in rear alley along property, if applicable. d. Provide underground utility service connections and on-site transformer location, if necessary. e. Provide back-flow prevention devices on all water services. f. Provide on-site, self-contained storm water drainage for the proposed development. g. Meet water/sewer concurrency requirements including a hydraulic water model analysis and gravity sewer system capacity analysis as determined by the Department and the required upgrades to water and sewer mains servicing this project. h. Payment of City utility impact fees for water meters/services. Provide flood barrier ramps to underground parking or minimum slab elevation to be at highest adjacent crown road elevation plus 8". J. Right-of-way permit must be obtained from Public Works. /.,a• k. All right-of-way encroachments must be removed. •r if All planting/landscaping in the public right-of-way must be approve&bi =' �,,t Works and Parks Departments. '< ECOU 114• OP 10 Page 428 of 906 Page 6 of 8 HPB File No 7392 Meeting Date: November 12, 2013 9. The Applicant agrees to the following operational conditions for any and all permitted accessory uses: a. Any amplified sound produced anywhere on the subject premises shall not be audible within the confines of any apartment unit in the adjacent properties. b. The Historic Preservation Board (HPB) or the Planning Director shall retain the right to call the owners or operators back before the HPB, at the expense of the owners or operators, to impose and/or modify the hours of operation, and the placement and use on the property of outdoor bar counters, exterior loudspeakers, fixed or portable, or amend or impose other conditions, should there be a valid violation (as determined by Code Compliance) about loud, excessive, unnecessary, or unusual noise. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami Beach, Florida(a/k/a "noise ordinance"), as amended, shall be deemed a violation of this approval and subject the approval to modification in accordance with the procedures for modification of prior approvals as provided for in the Code, and subject the applicant to the review provided for in the first sentence of this paragraph. c. No outdoor bar counters shall be permitted on the premises, with the exception of within the new courtyard space created with the new construction. d. Except as may be required for fire or building code/Life Safety Code purposes, no loudspeakers shall be affixed to or otherwise located on the exterior of the premises that can be heard within the confines of the apartment units in the adjacent properties. e. No outdoor live music shall be permitted at any time, except as may be permitted in a valid Special Event permit issued by the City, or under the Conditional Use procedures of the City Code. f. Outdoor and open air entertainment establishments, as well as dance halls, as defined in the Miami Beach City Code, shall be prohibited. g. Rooftop facilities, inclusive of the pool and pool deck, shall be for the exclusive use of registered hotel guests and their invitees. No bar counter shall be placed on the roof at any time. 10. A drawn plan and written procedure for the proposed demolition shall be prepared and submitted by a Professional Structural Engineer, registered in the State of Florida, which fully ensures the protection of the public safety, as well as the protection of the existing structure on the subject site and all existing structures adjacent to the subject site du?in the course of demolition. • • ' �; . °0 11. The Certificate of Appropriateness for Demolition shall only remain in effect'fc' N period of time that there is an active Certificate of Appropriateness for the a` s.:1 P new construction on the subject property. ., N coo wr "n �°�' .r Page 429 of 906 Page 7 of 8 HPB File No. 7392 Meeting Date: November 12, 2013 12. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or Final Certificate of Completion (CC) may be applied for; the staging and scheduling of the construction on site shall take this into account. All work on site must be completed in accordance with the plans approved herein, as well as by the Building, Fire, Planning, CIP and Public Works Departments, inclusive of all conditions imposed herein, and by other Development Review Boards, and any modifications required pursuant to field inspections, prior to the issuance of a CO or CC. This shall not preclude the issuance of a partial or temporary CC or CO. 13. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit. 14. The Final Order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the public hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, including the staff recommendations, which were amended by the Board, that the Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-14 inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Historic Preservation Board, as determined by staff, entitled "418 Meridian", as prepared by Shulman +Associates, dated 09.18.13. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Final Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Final Order, have been met. The issuance of this Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including final zoning approval. If adequate handicapped access Is not provided on the Board-approved plans, this approval does not mean that such handicapped access is not required. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth 'n this Order. .Eou/y4. eURK (� If the Full Building Permit for the project is not issued within eighteen (18)months of the ea• date at which the original Certificate of Appropriateness was granted, this Cert i:te a Appropriateness will expire and become null and void. If the Full Building Permit for th.. • a ,R ,wt ,,, should expire for any reason (including but not limited. to construction not commenci 1•; : Page 430 of 906 OR BK. 23975 PG 3113 • LAST P A G E Page 8 of 8 HPB File No. 7392 Meeting Date: November 12, 2013 continuing, with required inspections, in accordance with the applicable Building Code), this Certificate of Appropriateness will expire and become null and void. in accordance with Section 118-561 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject this Certificate of Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate of Appropriateness. Dated this day of , 20 13 HISTO- C PRESERVATIO :.OA-.i, THE C OF MIAMI BEA FLefIDA BY: THO S R. MOONEY, 1'ICP ,- DESIGN AND PRESERVATION MA JAGER FOR THE CHAIR STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this c ,92 day of 20/3 by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. He Is personally known to me. �otY.ru�� lERESAMARIA l MY CO ISSIONIiDD928148 NOTARY PUBLIC * 1 A . `::_;.;-oT EOM..December 2,2013 OFft°° eavledThril S� Miami-Dade County, Florida/�_ My commission expires: Approved As To Form: , Legal Department: ) Filed with the Clerk of F:IPLANI$HPB111 HPBIN v1h3\ Historic Preservation a1DA.CUNT on ■T�■^Z2- ter' CO �� ) �f EBYCERT/FM"?thisb8 *few 1�� : P a�a �\ uriglnel film/ cave co de el y„ � vGo ,An.20 ti 4�.,. gi- ( �;;u, WITNESS my hz,d and O�rI;N Seel. 3,� -��;�;�;•;�- • HARVEY RUVIN, RK, %ru ll and Counntt Courts a'°OD°H Page 31 of 906 °�� Page 432 of 906 f IN JOHN R.A . ; , - 7 ;I ■ Professional Land Surveyors 8, iviappers F 2 i AVENUE ..3604 l EP et E by ai 0 s E - LETH OP' j AUITE 2025 SUUF `420 C2 •.;N i i s FE 33,25 CI PF a,iOF- 5E F1 6904 £+bi, 65-6E 26 2-0400 PE i`°.?�?) 34;1-2666 � _ 9 .(239)540E2004 SPECIFIC PURPOSE SURVEY N SKETCH AND LEGAL DESCRIPTION FOR CANOPY APPLICATION 418 MERIDIAN AVENUE, MIAMI BEACH, FL 33139 _NG a - If E ii 5th STREET CA° _ _ — A Y-.Y- — . _._-_........._ 1 co co 140.00' j-� 7,708 35.00' A 0 � 9p 0�, 0°6617." -- 001 11 u_ ° «° to 0 Lu v PROPOSED ooi a = CANOPY AREA v T LOT-10 L07- m a' II-- j Z BLOCK-75 BLOCK-7, o 0O(0 Lil W Zl1I ›, 0 III Z 0 _ r r __ THE WEST 7.708'OF THE RIGHT 7.708' o Z OF WAY OF MERIDIAN ""• w AVENUE ADJACENT TO LOT 3 -4 LOT-4 "° O BLOCK-75 C LOT-9 w BLOCK-75 / p0 90.0b. 35.00' 140.00' LOT-8 BLOCK-75 LOT-5 BLOCK-75 LEGAL DESCRIPTION: THE NORTH 49.00 FEET OF THE SOUTH 49.50 FEET OF THE WEST 7.708 FEET OF THE RIGHT OF WAY OF MERIDIAN AVENUE ADJACENT TO LOT 3,BLOCK 75,OF OCEAN BEACH ADDITION NO.3,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 2,AT PAGE 81,OF THE PUBLIC SURVEYOR'S CERTIFICATION: RECORDS OF MIAMI-DADE COUNTY,FLORIDA. CONTAINING IHEREBY CERTIFY:MIS BOUNDARY SURVEY'OF THE PROPERTY DESCRIBED HEREON 377.708 SQUARE FEET. HAS RECENTLY BEEN SURVEYED AND DRAW 1 UNDER MY SUPERVISION,AND COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF SURVEYOR'S NOTES: PROFESSIONAL LAND SURVEYORS IN CHAPTER 5F17,FLORIDA ADMINISTRA T/VE CODE PURSUANT TO 472.027,FLORIDA STATUTES. ABBREVIATIONS THIS IS NOT A SURVEY,THIS g =CENTER LINE IS A SKETCH AND LEGAL FOR '����avp�N,, A CANOPY APPLICATION. .�. ..tt4 IBA e°•o 08 04/2016 ...0 q '9 i***f).6‘ sr. DRAWN BY: KEVIN i JOHN IBARRA IDATEOFF�ELDWORIq .. NO.5204 '•O FIELD DATE: 08/04/2016 0' STATE OF II PROFESSIONAL LAND SURVEYOR NO.:5204 STATE OF FLORIDA A-A , LLICENSED VALID WITHOUT THE SURVEYOR AND MAPPER). AND THE ORIGINAL RAISED SEAL OFA FLORIDA SURVEY NO: 13-002480-6 444•��O;�LA,�0 ; REVISED ON: Page 433 of 906 SHEET: 1 OF 1 L.B.#7806 SEAL 1--4- 77,, , , 1.. .4, .: % ....4 L.i", • L ,3 0 ,3 x # Z ■ , ..., „D 1• • al ” R -2...•: — - gd ,..---------s- --s*----_-2,7 ALLEY eLAP4 ...WO r7.7._ _ ec t or g V- ‘;--------:-----------7---;;;:E;;ENEW CI, E la 'sti *g 2 1"-°°. '■ i ,,,-ire\ \t_ 'ow.E=. . 3 0 %;ec:Z:flz."1"-:-..-,,&-dr,,,--f 14.i P* —4 & """ " ,B) ■—' , ., ., • ; 1 o,EN...--- '.'` .-;Vg '3‘3i Y 1 : ; 1 '''':'1i\ ;41:i8 1;1'''.1 , . , 1 MIto,, g •• -,, -- --7,- 7 ',„ . 4 , i .-.---- i 1 8 2 1 ii14. [a ,2.3,;•-,-:,7....1 2, .a..I v,::.„„4,:of.-.,: '...,.-.., 1 x 0 1!!1 ts, 1 4' h i -I I 8 lb i : -1. 1 1 17 c, . a: .1-' , [ 1 1 H 0 , ,,`4:4. 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