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