HomeMy WebLinkAbout2005-26080 ResoRESOLUTION NO. 2005-26080
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING
TO HEAR PUBLIC COMMENT ON SAME, APPROVING AND AUTHORIZING THE
VACATION OF THE TWO (2) REMAINING PUBLIC ALLEYS, GENERALLY
LOCATED WITHIN BLOCK 53, BETWEEN 16TH STREET AND LINCOLN ROAD,
AND WASHINGTON AND DREXEL AVENUES, AND CONTAINING
(COLLECTIVELY) APPROXIMATELY 7,423 SQUARE FEET, IN FAVOR OF THE
APPLICANT(AND DEVELOPER OF THE 420 LINCOLN ROAD PROJECT), 420
LINCOLN ROAD DEVELOPMENT GROUP, INC., A FLORIDA CORPORATION;
WAIVING, BY 517THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, PURSUANT TO ARTICLE II, SECTION 82-36 THROUGH 82-40
OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY; PROVIDED FURTHER THAT THE CITY'S
APPROVAL OF THE AFORESTATED VACATION IS SUBJECT TO AND
CONTINGENT UPON 420 LINCOLN ROAD DEVELOPMENT GROUP, INC.'S
SATISFACTION OF THE CONDITIONS SET FORTH IN THIS RESOLUTION;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL
DOCUMENTS TO EFFECTUATE THE VACATION, INCLUDING A QUITCLAIM
DEED, SUBJECT TO FINAL REVIEW OF SAME BY THE CITY ATTORNEY'S
OFFICE; AND, PROVIDED FURTHER, THAT THE VACATION OF THE ALLEYS,
AS SET FORTH HEREIN, SHALL BE SUBJECT TO A RIGHT OF REVERTER
THAT CAN BE EXERCISED BY THE CITY IF A FULL BUILDING PERMIT IS NOT
ISSUED FOR THE PROJECT WITHIN THREE (3) YEARS OF THE
CONVEYANCE OF THE ALLEYS TO THE DEVELOPER.
WHEREAS, when Pine Ridge Subdivision was platted in May 1920, Block 53, between
Lincoln Road and 16th Street, and Drexel and Washington Avenues, consisted of Lots 1 through
10, with no dedicated alleys; and
WHEREAS, in June 1940, a twenty (20) ft. wide alley, running east-west from Drexel A~enue
to Washington Avenue, south of Lot 4, was dedicated to the City as a public alley; and
WHEREAS, in January 1961, the City adopted Resolution No. 10450, later amended in
February 1961 by Resolution No. 10492, vacating the east 102.38 feet of the east-west twenty (20)
ft. alley, and accepting a new dedication to the City of a north-south alley, running generally from the
twenty (20) ft. alley south to 16th Street, adjacent to Lots 1-3 and 5-10; and
WHEREAS, 420 Lincoln Road Development Group, Inc., a Florida corporation (the
Developer), as owner of Lots 1 to 10, (constituting the entirety of Block 53 of Pine Ridge
Subdivision), has obtained approvals from the City's Historic Preservation Board and Board of
Adjustment, respectively, to develop the 420 Lincoln Road Project, a mixed use
commercial/residential project with a proposed parking structure, on Lots 1 and Lots 5 to 10 (the
Project); and
WHEREAS, the aforestated Boards' approval for the Project was contingent upon the
vacation and abandonment by the City of the remaining two (2) alleys within Block 53 of Pine Ridge
Subdivision; and
WHEREAS, accordingly, the Developer has requested that the City vacate the remaining
portion of the twenty (20) ft. east-west alley and the north-south alley in Block 53; the current
configuration of said alleys, and the portions to be vacated, are set forth in the sketch attached and
incorporated as Exhibit "A" hereto; and
WHEREAS, the Administration, through its Public Works Department, hereby represents that
the Developer has complied with the application requirements and submittals in accordance with the
City's Guidelines for Vacation or Abandonment of Streets or Other Rights of Way, and pursuant to
Section 82-36 through 82-40 of the City Code (Ordinance No. 92-2783); and
WHEREAS, pursuant to City Code' Section 82-38, a Planning Department Analysis has been
prepared, and is attached as Exhibit "B" to this Resolution; and
WHEREAS, additionally, as permitted by Section 82-39 of the City Code, the Administration
would recommend that the Mayor and City Commission waive, by 5/7ths vote, the competitive
bidding and appraisal requirements, finding that the public interest would be served by such waiver;
and
WHEREAS, as also required by Section 82-37 of the City Code, the Mayor and City
Commission held a duly noticed public hearing on December 7, 2005, to hear public comment
regarding the proposed vacation of the aforestated two (2) remaining alleys in Block 53; and
WHEREAS, the Administration would recommend that the Mayor and City Commission
approve the requested alley vacations, in favor of the Developer, subject to and contingent upon the
Developer's satisfaction of the following conditions:
1. The Developer shall be solely responsible for obtaining no-objection letters and/or agreements
from all utility companies franchised within the City for the vacation of the alleys. Said no-objection
letters and/or agreements shall be submitted to the City's Public Works Director. If required by the
City or a utility company, the Developer shall be solely responsible for any costs and work
associated with relocation of any existing utilities.
2. The Developer shall prepare (and execute, as necessary) all documents to effectuate the
vacation of the alleys, including quitclaim deeds, subject to final review of same by the
Administration and City Attorney's Office. The Developer shall also be solely responsible for
recording said documents (including deeds) effectuating the vacation of the alleys, as well as all
costs associated with same.
3. Developer shall prepare, subject to the prior review and reasonable approval of the City's Public
Works Director and the City Attorney's Office, a covenant, to be recorded and to run with the
property(ies) comprising the Project, which will maintain a common access easement on the Project,
providing ingress and egress between the two (2) buildings on the property, when and if such
buildings are independently owned.
4. As further required by the Order of the City's Historic Preservation Board, dated June 2, 2005,
and attached as Exhibit "C" hereto, the Developer shall file a new application for the reintroduction of
the original Morris Lapidus entry and related architectural features in front of the property on Lincoln
Road, and such application shall include the removal or relocation of the existing "wing" structure, as
well as the reintroduction of original paving. All costs associated with plans, permit review and
construction of this entry and features shall be underwritten by the Developer.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission,
following a duly noticed public hearing to hear public comment on same, hereby approve and
authorize the vacation of the two(2) ) alleys within Block 53 of Pine Ridge Subdivision, between
Lincoln Road and 16th Street, and Drexel to Washington Avenues, in favor of 420 Lincoln Road
Development Group, Inc., a Florida corporation, as developer of the 420 Lincoln Road Project;
provided further that the City's approval of the aforestated vacations is subject to and contingent
upon 420 Lincoln Road Development Group Inc.'s satisfaction of the conditions set forth in this
Resolution; waiving, by 5/7ths vote, the competitive bidding and appraisal requirements, pursuant to
Article II, Section 82-36 through 82-40 of the Miami Beach City Code, finding such waiver to be in
the best interest of the City; authorizing the Mayor and City Clerk to execute any and all documents
to effectuate the vacation of the alleys to be conveyed, subject to final review of same by the City
Attorney's Office; and provided further that the vacation of the alleys, as set forth herein, shall be
subject to a right of reverter that can be exercised by the City if a Full Building Permit is not issued
for the Project within three (3) years of the conveyance of the alleys to the Developer.
PASSED and ADOPTED this 7th day of December
ATTEST:
CITY CLERK
Robert Parcher
., 2005.
~~, 'MAYOR
David Dermer
J MG/FH B/RH/FAV/ev
TtAGENDA~005\Dec0705\Regular\Pine Ridge Vacation Res.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the vacation of the two(2) remaining alleys within Block 53, between 16th
Street and Lincoln Road, and Washington and Drexel Avenues, in favor of the adjacent property
owner and developer of the 420 Lincoln Road Proiect, 420 Lincoln Road Development Group Inc..
Key Intended Outcome Supported'
IIncrease satisfaction with development and growth management across the City.
Issue:
IShall the Mayor and City Commission approve the vacation of the two (2) remaining alleys within
Block 53, between 16th Street and Lincoln Road, and Washington and Drexel Avenues?
Item Summary/Recommendation:
When Pine Ridge Subdivision was platted in May 1920, there were no dedicated alleys or easements in
Block 53, between Lincoln Road and 16th Street and Drexel to Washington Avenues.
In June 1940, a 20 ft. wide alley running east-west and connecting Drexel Avenue to Washington
Avenue, south of Lot 4 was dedicated to the City and public as an alley.
In January 1961, The City adopted Resolution No. 10450, later amended in February 1961 by Resolution
No. 10492, vacating the east 102.38 feet of the east-west 20 ft. wide alley and accepting a new
dedication to the City of a north-south public alley from the 20 ft. alley south to 16th Street.
In October 2005, 420 Lincoln Road Development Group Inc., as owner of Lots 1 to 10, adjacent to the
aforementioned alleyways, obtained approvals from the City's Historic Preservation Board and Board of
Adjustment, respectively, to develop the 420 Lincoln Road Project, as a contemporary mixed use building
with a proposed parking structure, on Lots 1 and 5 to 10. In order to construct the project, the Developer
has requested that the City vacate the two(2) remaining alleys in Block 53 and has complied with the
requirements set forth in the July 26, 1989 Land Use Committee Guidelines.
On October 19, 2005 The City Commission adopted Resolution # 2005-26028 setting a public hearing on
December 7, 2005, for the vacation of these two (2) public alleys in block 53.
Administration has reviewed the request for vacation and recommends adopting the Resolution
authorizing the Mayor and City Clerk to execute the documents to effectuate the vacation of the two (2)
remainin~l public alleys following final review by the City Attorney's office.
Advisory Board Recommendation:
Financial Information'
Source of Amount . Account Approved
Funds: 1
2
3
4
OBPI TOtal
,, ,
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Depa~ment Di~tOr I. ~Sist~iCi~Manager ~ ~ City Manager
T:~AGENDA~005\Dec0705\Regular\Pine Ridge Vacation
Sum.doc
'MIAMI BEACH
AGENDA ITEM
DATE
MIAMI BE:ACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor David Dermer and Members of the City Commission
City Manager Jorge M. Gonzalez
December 7, 2005
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC
HEARING TO HEAR PUBLIC COMMENT ON SAME, APPROVING AND
AUTHORIZING THE VACATION OF THE TWO (2) REMAINING PUBLIC
ALLEYS, GENERALLY LOCATED WITHIN BLOCK 53, BETWEEN 16TH
STREET AND LINCOLN ROAD, AND WASHINGTON AND DREXEL
AVENUES, AND CONTAINING (COLLECTIVELY) APPROXIMATELY 7,423
SQUARE FEET, IN FAVOR OF THE APPLICANT(AND DEVELOPER OF
THE 420 LINCOLN ROAD PROJECT), 420 LINCOLN ROAD
DEVELOPMENT GROUP, INC., A FLORIDA CORPORATION; WAIVING, BY
5/7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, PURSUANT TO ARTICLE II, SECTION 82-36 THROUGH
82-40 OF THE.MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE
IN THE BEST INTEREST OF THE CITY; PROVIDED FURTHER THAT THE
CITY'S APPROVAL OF THE AFORESTATED VACATION IS SUBJECT TO
AND CONTINGENT UPON 420 LINCOLN ROAD DEVELOPMENT GROUP,
INC.'S SATISFACTION OF THE CONDITIONS SET FORTH IN THIS
RESOLUTION; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE THE VACATION,
INCLUDING A QUITCLAIM DEED, SUBJECT TO FINAL REVIEW OF SAME
BY THE CITY ATTORNEY'S OFFICE; AND, PROVIDED FURTHER, THAT
THE VACATION OF THE ALLEYS, AS SET FORTH HEREIN, SHALL BE
SUBJECT TO A RIGHT OF REVERTER THAT CAN BE EXERCISED BY THE
CITY IF A FULL BUILDING PERMIT IS NOT ISSUED FOR THE PROJECT
WITHIN THREE (3) YEARS OF THE CONVEYANCE OF THE ALLEYS TO
THE DEVELOPER.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
When Pine Ridge Subdivision was platted in May 1920, Block 53, between Lincoln Road
and 16th Street and Drexel to Washington Avenues, consisted of Lots 1 through 10, with
no dedicated alleys.
In June 1940, a 20 ft. wide alley running east-west from Drexel Avenue to Washington
Avenue, south of Lot 4 was dedicated to the City and public as an alley.
In January 1961, the City adopted Resolution No. 10450, later amended in February
1961 by Resolution No. 10492, vacating the east 102.38 feet of the east-west 20 ft. alley
and accepting a dedication to the City of a new north-south alleyway, from the 20 ft. alley
south to 16th Street, adjacent to Lots 1-3 and 5-10.
In October 2005, 420 Lincoln Road Development Group Inc. owners of Lots 1 to 10,
constituting the entirety of Block 53 of Pine Ridge Subdivision, obtained the approvals
from the City's Historic Preservation Board and Board of Adjustment, respectively, to
develop the 420 Lincoln Road Project, as a contemporary mixed use building with a
proposed parking structure, on Lots 1 and 5 to 10.
The aforementioned Boards' approval for the development of the 420 Lincoln Road
Project was contingent upon the vacation and abandonment by the City of the two (2)
remaining alleys within Block 53 of Pine Ridge Subdivision.
The Developer has requested the City to vacate the two(2) remaining alleys within Block
53 consisting of the portion of the 20 ft. wide east-west alley and the north-south alley
running to 16th Street, as shown in the sketch attached as Exhibit "A". The Developer
complied with the requirements as set forth in the July 26, 1989 Land Use Committee
Guidelines and sections 82-36 to 82-40 of the City Code and requested vacation of
these two remaining alleys.in order to construct the 420 Lincoln Road Project.
On October 19, 2005, the City Commission adopted Resolution # 2005-26028 to set a
public hearing on December 7, 2005 to hear public comments, for the vacation of the
two (2) remaining public alleys, located within Block 53, between 16th Street and Lincoln
Road, and Washington and Drexel Avenues, and containing approximately 7,423 square
feet, in favor of the adjacent property owner and developer of the 420 Lincoln Road
Project, 420 Lincoln Road development Group Inc.
The City Attorney's Office, Public Works Department and Planning Department have
reviewed the vacation request and included with the Administration recommendation and
proposed Resolution the conditions for vacation. Planning, Design and Historic division
has prepared an analysis pursuant to Section 82-38 of the City Code. (see attached
Exhibit "B")
The application was also evaluated using the criteria for a revocable permit and
supported by the attached Planning Analysis written by the Planning Department. The
Administration's review of ,the seven criteria elements for revocable permits is provided
below:
1) That the applicants need is substantial.
Satisfied. In order to develop the proposed mixed use project, which will provide
175 parking spaces for the future New World Symphony sound Space addition,
the applicant must have the alley vacated by the City.
2) That the applicants ,hold title to an abutting property.
Satisfied. The Applicant owns the entire block.
3)
That the proposed improvements comply with applicable codes, ordinances,
regulations, neighborhood plans and laws.
Satisfied. The proposed Project that comprises the alley to be vacated was
unanimously approved by the Historic Preservation Board and the Board of
Adjustment.
4)
That the grant of such application will have no adverse effect on
governmental/utility easements and uses on the property.
Satisfied. Any Utility relocation as a result of vacation would fall under the
responsibility of the Applicant.
5) Alternatively:
That an unnecessary hardship exists that deprives the applicant of a reasonable
use of the land, structure or building for which vacation 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;
Not Satisfied. No unnecessary hardships exist.
That the grant of the vacation will enhance the neighborhood and/or community
by such amenities as, for example, enhanced landscaping, improved drainage,
improved lighting, and improved security.
Satisfied. If approved by the City Commission, the applicant shall file a new
application for the reintroduction of the original Morris Lapidus entry and related
architectural features in front of the property on Lincoln Road and such
application shall include the removal or relocation of the existing "wing" structure,
as well as the reintroduction of original paving. All costs associated with plans,
permit review and construction of this entry and features shall be underwritten by
the applicant.
6)
That granting the vacation requested will not confer on the applicants any special
privilege that is denied to other owner of land, structures or buildings subject to
similar conditions.
Satisfied. the vacation requested will not confer on the applicants any special
privilege that is denied to other owner of land, structures or buildings subject to
similar conditions.
7)
That granting the vacation will not be injurious to the surrounding properties, the .
neighborhood, or otherwise detrimental to the public welfare.
Satisfied. The Property will provide the required parking for the New World
Symphony, providing needed parking in downtown. The Applicant has agreed to
restore the Lincoln Road entry feature from Washington Avenue.
As seen from the above mentioned analysis of the criteria for approving the vacation of
the alleys, extraordinary public benefits will be gained by the additional parking spaces
provided within the project area as well as the reintroduction of the original Morris
Lapidus entry and related architectural features in front of the property on Lincoln Road,
the latter being contingent upon City Commission approval.
RECOMMENDATION:
The City Administration following a review by the City Attorney's Office, Public Works
Department and Planning Department of the vacation request, recommend the vacation
of the two alleys contingent upon the following:
1. The Developer shall obtain no-objection letters and/or agreements from all utility
companies franchised within the City for the vacation of the Alley and shall be solely
responsible for any costs and work associated with relocation of any existing utilities.
2. The Developer shall prepare and execute all documents to effectuate the vacation of
the Alleys, including quitclaim deeds, subject to final review of same by the City
Attorney's Office. The Developer shall also be solely responsible for recording said
documents (including deeds) effectuating the vacation of the Alleys as well as all costs
associated with same.
3. Developer shall provide a recorded Covenant for maintaining a common access
easement to the two buildings on that block when such properties are independently
owned.
4. As further required by the Order of the City's Historic Preservation Board, dated June
2, 2005, and attached as Exhibit "C" hereto, the Developer shall file a new application for
the reintroduction of the original Morris Lapidus entry and related architectural features
in front of the property on Lincoln Road, and such application shall include the removal
or relocation of the existing "wing" structure, as well as the reintroduction of original
paving. All costs associated with plans, permit review and construction of this entry and
features shall be underwritten by the Developer.
JMG/RM/FHB/FAV
T:W, GENDA~005\Dec0705\Regular\Pine Ridge Vacation Memo.doc
20 ~t. alley de(
i to CitY ii
icated
1940.
PROPOSED 420 LIN-
COLN DEVELOPMENT
. .
blic alley
dicated to City
~ 6th ,ST'A?~eso.#104,,~in
~" .... "'~ t
x~:'===================== ....................................... j ........... ,...
~ ~ ......... ~ LJ ~
n bf 20 ft alley
va~catec~ by City Reso.
~ !045t in Feb. 1961
!YE~ !:~,~UESTED
EEl vAG;p~TE D
Feb;.,}j 196~i
Sketch of alleys requested to be vacated at 420 Lincoln Rd.
EXHIBIT "A"
CITY OF MIAMI BEACH
Planning Department
Interoffice Memorandum
To:
From:
Fernando Vazquez
City Engineer
Richard G. Lorber, ~laCnPag~er['~
Planning & Zoning
Date: November 21, 2005
Subject: Analysis of the Proposed Pine Ridge Alley Vacation.
Pursuant to your request, this memorandum will serve as an analysis of the proposed
vacation of the two (2) remaining alleys within Block 53 consisting of the portion of the 20
ft. wide east-west alley and the north-south alley running to 16th Street, associated with the
420 Lincoln Road project.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of city-owned land be analyzed from a planning perspective so that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease. The following is an analysis of the eight criteria delineated in Section 82-38 of the
Code:
Whether or not the proposed use is in keeping with City goals and objectives
and conforms to the City Comprehensive Plan.
The subject property, part of the 420 Lincoln Road project, is zoned CD-3
Commercial High Intensity, and designated CD-3 Commercial High Intensity on the
Future Land Use Map of the City's Comprehensive Plan. The proposed project, and
the proposed alleyway vacation, would be consistent with the land use designation
contained in the Comprehensive Plan.
1
The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the City shall
determine the potential impact of the project on City utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
The site currently contains an office building and commercial space, and proposed
mixed use project and associated alleyway vacation is not expected to have any
negative impact on the surrounding area.
Page 2
Date: November 21, 2005
Analysis of the Proposed Pine Ridge Alley Vacation
.
A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the City's revenue
base, reducing City costs, creating jobs, creating a significant revenue stream
and improving the community's overall quality of life.
The proposed mixed use project is designed with 175 parking spaces for the nearby
New World Symphony SoundSpace addition. Thus, the proposed vacation will
assist in providing needed public parking, as well as adding to the cultural amenities
for the surrounding area, thereby improving the community's overall quality of life.
1
Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views, or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
The City's Historic Preservation Board and Board of Adjustment have recently
approved the construction of the proposed mixed use project.
.
The impact on adjacent properties, whether or not there is adequate parking,
street, and infrastructure needs.
There should be no negative impact on adjacent properties. As mentioned in 3
above, excess parking is being provided by the proposed mixed use project.
Additionally, the alleyways proposed to be vacation are internal to the project, and
will provided needed access for maintenance and circulation.
.
A determination as to whether or not alternatives are available for the
proposed disposition, including assembly of adjacent properties, and whether
the project could be accomplished under a private-ownership assembly.
N/A
.
Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and
the return to the City for its disposition of property.
The proposed mixed-use project will provide employment and housing opportunities
within our community, and the benefit of parking for the New World Symphony
project will also provide job generation and ancillary spinoff benefits.
.
Such other items as the Planning Department may deem appropriate in
analysis of the proposed disposition.
Planning Staff has not identified any further items.
RGL
\\CH\VOL1 \PLAN~$ALL\GEN_CORR\INTE ROFF\cejasalleyvacation.doc
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RECORDED 06/14/2005 1¢:19:47
HARVEY RUVIN, CLERK OF COURT, MIAMI-DADE COUNTY, FLORIDA
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE:
FILE NO:
PROPERTY:
CERTIFICATION
F-x~ms July ~7, ~ ~:~
~'~- ~: (~ ·
420 Lincoln Road, 460~ & 4649 Drexel Avenu~
4600 Washington Avenue- PLC Lincoln Road Loft
LEGAL:
Lots 1, 6,. 7, 8, 9, 10, & Lot 5 Less north 20 ft, Pine Ridge Subdivision,
according to the Plat Thereof, as Recorded in Plat Book 6, Page 34, of the
Public Records of Miami-Dade County, Florida.
IN RE:
The Application for a Certificate of Appropriateness for the demolition of three
(3), one, two, and three story buildings, and the construction of a new nine (9)
story mixed use structure.
ORDER
The 'applicant, 420 Lincoln Road Development Group, Inc., a Florida Corporation, 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 foil°wing 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 structures are located within the Flamingo Park Local Historic District. The
structures located at 1601 and 1619-Drexel Avenue, and 1600 Washington Avenue are
designated non-contributing in the Miami Beach Historic Properties Database. The structure
located at 425 16th Street is designated contributing in the Miami Beach' Historic Properties
Database.
B.
Based on the plans and docUments submitted with the application, testimony and
information provided by the applicant, and the reasons set forth in the Planning Department
Staff Report, the project as submitted is consistent with the Certificate of Appropriateness
Criteria in Section 118-564(a)(1 )of the Miami Beach Code, is not consistent with Certificate
of Appropriateness Criteda c in Section 118-564(a)(2) of the Miami Beach Code, is not
consistent with Certificate of Appropriateness Criteria b in Section-118-564(a)(3) of the
Miami Beach Code, and is not consistent with Certificate of Appropriateness' Criteria for
Demolition 5, 8 and 9 in Section 118-564(0(4).
C.
The project would be consistent with the criteria and requirements of section 118-564'if the
following conditions are met:
EXHIBIT B
Page 2 of 7
HPB File No. 2881
Meeting Date: May 10, 2005
,
,
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 project shall comply with the F.A.R. requirements of the code. -
b. A Complete zoning summary shall be provided.
C.
Architectural details shall be submitted for all exterior wall, glazing, and
railing systems, subject to the review and approval of staff.
d,
The use of high quality materials .and finishes, as indicated on the plans,
shall be required, in a manner to be reviewed and approved by staff.
e,
The substantial cantilever proposed of the residential units ab'ove the retail
area shall be subject to the. review and approval of staff.
f. The final design of the art wall shall return to the Board for approval.
g.
The existing wall mural on the Annex building facing Drexel Avenue shall be
studied for possible relocation to'the west facade of the Drexel Avenue
former theater building.
ho
Prior to the issuance of a Certificate of Occupancy, the project Architect shall
verify, in writing, that the Subject project has been constructed in accordance
with the 'plans approved by the Planning Department for Building Permit.
The "Beach Theatre" marquee facing Lincoln Road shall be recreated and
restored, in a manner to be reviewed and approved by staff.
Detailed measured drawings of the existing structures on site shall be
submitted, in a manner to be reviewed and approved by staff.
k,
If approved by. the City Commission, the applicant Shall file a new application.
for the reintroduction of the original Morris LapidUs entry and related
architectural .features 'in front of the property on Lincoln Road, and such
application shall include the removal or relocation, of the existing "wing"
structure, as well as the reintroduction of original paving. In accordance with
the voluntary proffer at the hearing on this application, the applicant shall
underwrite all costs associated with plans, permit review, and construction.
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
Page 3 of 7
HPB File No. 2881
Meeting Date: May 10, 2005
review and approval of staff. At a minimum, such plan shall incorporate the
following:
bo
C,
d,
e,
go
h,
The Drexel Avenue streetscape plan shall conform to the Flamingo Park
Neighborhood Master Streetscape Plan, currently at 60% design completion
and prepared by EDAW for the City of Miami Beach (and available at the
City's C.I.P. office).
The maintenance of all the landscape provided on city ROW including street
trees shall be the perpetual responsibility of the condominium association
and' shall follow the landscape maintenance standard (ANSI - A300) as
established by the National Arborist Association.
All exterior walkways and driveways shall consist of decorative pavers, set in
sand or other equally semi-pervious material, subject to the review and
approval of staff, except where otherwise specified in the Flamingo Park
Neighborhood MaSter Streetscape Plan.
All landscape areas abutting driveways and parking areas shall be defined by
decorative bollards.
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.
The utilization of root barriers and/or structural soil, as applicable, shall be
clearly delineated on the revised landscape plan.
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 and shall be subject to the review
and approval of staff.
The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all 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 and shall be subject to the' review and approval of staff.
Page 4 of 7
HPB File No. 2881
Meeting Date: May 10, 2005
,
4,
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o
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,
10.
'11.
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.
Ali building signage shall be consistent in type, composed of flush mounted, non-
plastic, non-illuminated, individual letters and shall require a separate permit.
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.
'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.
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.
All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly
noted on a revised roof plan and elevation drawings and shall be screened from
view, in a manner to be approved by staff.
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:.~veil as a site plan.
An historic analysis of the existing structure, inclusive of a photographic and written
description of the history and evolution of the original building on site, shall be
submitted to and approved by staff, prior to the issuance of a Building Permit; such
historic analysis shall be displayed prominently within the public area of the structure,
in a location to be determined by'staff:
All new and altered elements, spaces and areas shall, meet the requirements of the
Florida' Accessibility Code (FAC).
The project shall comply with any landscaping or othersidewalldstreet 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.
Page 5 of 7
.HPB File No. 2881
Meeting Date: May 10, 2005
12.
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,
Vacation of alley, approved by City Commission, will be required. Coordinate
application with Public Works and City Attorney's Office.
bo
Remove/replace all sidewalks, curb and gutter on Washington Avenue, 16th
Street and Drexel Avenue. Unless otherwise specified, the standard color for
city sidewalks is red, and the standard curb and gutter color is gray. Submit
paving, drainage, sidewalks, lighting, and landscape plans, for approval by
Planning, Public Works, Parks, and parking Departments. Coordinate plans,
construction and schedule with proposed streetscape improvements by
C.I.P.
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.
Provide on-site, self-contained storm water drainage for the proposed
development.
go
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 12".
j. Right-of-way permit must be obtained from Public Works.
ko
All right-of-way encroachments must be 'removed.
All planting/landscaping in the public right-of-way must be approved by the
Public Works and Parks Departments.
m,
Conduct a Traffic Impact Study following methodology provided by the Public
Works Department.
Page 6 of 7
HPB File No. 2881
Meeting Date: May 10, 2005
13.
14.
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 during the course of demolition.
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.
1¸5.
16.
The Final Order shall be recorded in the Public Records of Miami-Dade County, prior
to the issuance of a Building Permit.
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 factl 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. 1-16, 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 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 requesting a buildinq permit, three (3) sets of plans approved by the Board, modified in
accordance with the above conditions, as well as annotated floor plans which clearly delineate the
Floor Area Ratio (FAR) calculations for the project, shall be submitted to the Planning Department.
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 Historic Preservation Board's file.
If the Full Building Permit is not issued within eighteen(18) months of the meeting date at which this
Certificate of Appropriateness was granted and. construction does not commence and continue in
accordance with the requirements of the applicable Building Code, the Certificate of
Appropriateness will expire and become nUll and void, unless the applicant, prior to expiration of
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Page 7 of 7
HPB. File No. 2881
Meeting Date: May 10, 2005
such period, makes application to the Board foran extension of time; the granting of any such
extension of time shall be at the discretion of the Board. At the hearing on any such application, the
Board may deny or approve the request and modify the above conditions or impose additional
conditions. Failure to comply with this Order shall subject the Certificate of Appropriateness to
Section 118-564, City Code, for revocation or modification of the Certificate of Appropriateness.
Dated this .2 day of ~-~ '/J (~: ., 200!~..
HISTORIC PRESERVATION BOARD
!!iIGA~N~ARI~ DrvlpORO~I~~~ AIvAC~~ "' ~/,ON MA~~R
FOR THE OHAIR
STATE OF FLORIDA )'
)SS
COUNTY O'F MIAMI-DADE )
· The foregoing instrument was
acknowledged before me this
day
of
."r-t,/AJ~r~ 2(I:3.~' by Thomas R. Mooney, Design and Preservation Manager,
'Planning'Department, City of Miami Beach, Florida, a Florida Munj~al~o/~'poration, on behalf of the
Corporation. He is.._personaily known to me. ~~/~.~
,,ny uomlTl~ ...... · · , -
~',~,aa~,,~ M~am~-Dade County, Florida
~,,~r,~ Ju~, ~. ~ . My commission expires:
Approved As To Form: ¢'---.j '
Legal Department: ~ ( ,~,-'/~'~,J'" )
Filed with the 'Clerk of the Historic Preservation Board on .,r- (
F:\PLAN\$HPB\05HPB\mayHPB05~881 .fo.doc
CITY OF. MIAMI BEACH
.
-. NOTICE OF PUBLIC HEARING
..
NOTICE IS~HEREBY gi~,en that a Public Hearing will be held bY the Mayor and City Commission of the City 'of Miami
Beach, .Florida, in the Commission Chambers, 3rd floorl City Hall, 1700 Convention Center Drive, Miami Beach,
lOri.d.a., on...We.d, nes. day, December 7, 2005 'at10:20 a.m. to Hear Public Comment, As Required By The City's
uide~ines r-or vacation' Or AbandOnment Of.Streets' Or Other Rights-Of-Way And Pursuant To Section 82~7 Of The
City Code (Ordinance;No. 92-2783), Regarding A Request By 420 Lincoln Road Development Group, ln~.iri. As The
Owner And Developer Of The 420 Lincoln Road Project, For The Vacation Of The Two (2) Remaining Pu.~lic Alleys,
Generally Located Within Block 53, Between 16th Street And Lincoln Road, And Washington And Drexel iAvenues,
And Containing Approximately 7,423 Square Feet. - .....
Inquiries may be directed to the Public Works Department at (305) 673-7080.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views
in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall,
Miami Beach, Florida 33139.;This meeting may be continued and under such circumstances additional legal~ notice
would not be provided.
Robert E, Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such
person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons
with disabilities, and/or any accommodation to review any document or participate in any city-sponsored
proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to initiate your .
request. TTY users may also call 711 (Florida Relay Service).
(Ad #342)