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98-22784 RESO RESOLUTION NO. 98-22784 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting a public hearing to review a Design Review Board decision denying a request by Continuum LLC, for the construction of two (2) 54 story apartment towers with a total of 580 units, and a 40 story structure consisting of 234 hotel units and 220 timeshare/condominium units at the Ocean and Easement Parcels located at the southeast corner of South Pointe Drive and Ocean Drive . WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that a process for the review of decisions rendered by the Design Review Board has been established under Section 18 of the Zoning Ordinance; and WHEREAS, the applicant for a project has the right to seek a review by the City Commission of projects denied by the Design Review Board; and WHEREAS, the Design Review Board, on January 6, 1998, denied a request by Continuum LLC, for the construction of two (2) 54 story (546'-211 to the top of the roof and 576'-211 to the highest architectural projection) apartment towers with a total of 580 units, and a 40 story (424'-211 to the top of the roof and 454'-2" to the highest architectural projection) structure consisting of 234 hotel units and 220 timeshare/condominium units at the Ocean and Easement Parcels located at the southeast corner of South Pointe Drive and Ocean Drive (DRB File No. 9193); and WHEREAS, The Applicant, South Beach Ocean Parcel (formerly Continuum LLC), has requested a review of the decision rendered by the Design Review Board concerning DRB File No. 9193. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 1. The City Commission hereby sets a time certain of 2:05p.m6 on July 1, 1998, to review the decision of the Design Review Board (DRB File No. 9193) wherein it denied a request by Continuum LLC, for the construction of two (2) 54 story (546'-2" to the top of the roof and 576'-2" to the highest architectural projection) apartment towers with a total of 580 units, and a 40 story (424'-2" to the top of the roof and 454'-2" to the highest architectural projection) structure consisting of 234 hotel units and 220 timeshare/condominium units at the Ocean and Easement Parcels located at the southeast corner of South Pointe Drive and Ocean Drive. PASSED and ADOPTED this 17th day of ~: 1998. ATTEST: .~r eJA~ CITY CLERK TRM:tm F:\PLAN\$ALL\CC_MEMOS\RES-9193.WPD APPROVED AS TO FORM & LANGUAGE & FORfXECUnON /~ ~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM No.38 3-Cf8 TO: Mayor Neisen O. Kasdin and Members of the City Co ission DATE: June 17, 1998 FROM: Sergio Rodriguez City Manager SUBJECT: A Resoluti of e Mayor and City Commission of the City of Miami Beach, Florida, Setting a Public Hearing to Review a Design Review Board Decision Denying a Request by Continuum LLC, for the Construction of Two (2) 54 Story Apartment Towers with a Total of 580 Units, and a 40 Story Structure Consisting of 234 Hotel Units and 220 Timeshare/Condominium Units at the Ocean and Easement Parcels Located at the Southeast Corner of South Pointe Drive and Ocean Drive. ,. RECOMMENDATION The Administration recommends that the City Commission, pursuant to Subsection 18-2.K of the Zoning Ordinance, set a public hearing on July 1, 1998, with a time certain, to review a decision of the Design Review Board (DRB), wherein it denied a request by Continuum LLC, for the construction of two (2) 54 story apartment towers with a total of 580 units, and a 40 story structure consisting of 234 hotel units and 220 timeshare/condominium units at the Ocean and Easement Parcels located at the southeast comer of South Pointe Drive and Ocean Drive (DRB File No. 9193). BACKGROUND On January 6, 1998, the Design Review Board (DRB) denied a request by Continuum LLC, for the construction of two (2) 54 story (546'-2" to the top of the roofand 576'-2" to the highest architectural projection) apartment towers with a total of 580 units, and a 40 story (424'-2" to the top of the roof and 454'-2" to the highest architectural projection) structure consisting of234 hotel units and 220 timeshare/condominium units at the Ocean and Easement Parcels located at the southeast comer of South Pointe Drive and Ocean Drive (DRB File No. 9193). The staff report to the DRB for this project and the Final Order issued by the DRB are attached, hereto, for informational purposes. On June 10, 1998, Mr. Al Cardenas, on behalf of South Beach Ocean Parcel Ltd. (the successor in interest to the applicant Continuum LLC), filed a request to have the Order of the Design Review Board reviewed by the City Commission, pursuant to Section 18-2.K of Zoning Ordinance 89-2665 (see attached letter). AGENDA ITEM~ ~-11-9.~ DATE ANALYSIS The Design Review Section of the Zoning Ordinance allows an Applicant to seek "review" of any Design Review Board Order by the City Commission. In this particular instance Mr. Cardenas, on behalf of the Applicant, South Beach Ocean Parcel Ltd. (the successor in interest to the applicant Continuum LLC), is seeking a review of the Final Order for the project described herein. Pursuant to Subsection 18-2.K, the review by the City Commission is not a "de novo" hearing. It must be based upon the record of the hearing before the Design Review Board. Furthermore, Section 18-2.J states the following: In order to reverse, or remand for amendment, modification or rehearing any decision of the Design Review Board, the City Commission shall find that the Design Review Board did not do one of the following: a. provide procedural due process ,. b. observe essential requirements of law, or c. base its decision upon substantial, competent evidence. Mr. Cardenas, on behalf of South Beach Ocean Parcel Ltd. (the successor in interest to the applicant Continuum LLC), has indicated that the basis for the appeal is that the Design Review Board failed to provide the applicants with procedural due process and failed to observe essential requirements oflaw; additionally, Mr. Cardenas has contended that the decision of the Design Review Board to deny the application was not based upon substantial competent evidence. In order to reverse or remand a decision of the DRB, a 517th vote of the City Commission is required. CONCLUSION The Administration recommends that the City Commission set a public hearing on July 1, 1998, with a time certain, to review a decision of the Design Review Board (DRB), wherein it denied a request by Continuum LLC, for the construction of two (2) 54 story apartment towers with a total of 580 units, and a 40 story structure consisting of 234 hotel units and 220 timeshare/condominium units at the Ocean and Easement Parcels located at the southeast comer of South Pointe Drive and Ocean Drive (DRB File No. 9193). SR':DJG:TRM T:\AGENDA \JUN1798\REGULAR\PHR-9193. WPD REI.LY TO' TEW CARDENAS REBAK KELLOGG LEHMAN DEMARIA & TAGUE, L.L.P. MIAMI WRITER'S DIRECT liNE (305) 539-2480 E.MAIL, ATTORNEYS AT LAW AC@TEWLAW.COM June 10, 1998 Mr. Dean Grandin Director of Planning, Design and Historic Preservation City of Miami Beach 1700 CcfilVention Center Drive Miami Beach, FL 33139 0\C~ ::rt~qg5 \ ~ I \ ~~ .q ~ Re: DRB File Nos. 9193 Dear Mr. Grandin: On January 6, 1998 the Design Review Board denied Application No. 9193 filed by Continuum L.L.C.. That decision was formalized in a written order dated February 25, 1998. Thereafter, a petition for rehearing was timely filed within the (15) days allotted by Section 18-2 (1) of the City of Miami Beach Zoning Ordinance. On May 12, 1998, our client, South Beach Ocean Parcel Ltd. as successor in interest to Continuum L.L.C. appeared before the Design Review Board on the petition for rehearing. The petition was denied. That denial was formalized in a written order dated May 31. 1998. Pursuant to Section 18-2 (K)(1) of the City of Miami Beach's Zoning Ordinance, South Beach Ocean Parcel Ltd. as a successor in interest to the applicant Continuum L.L.C. and as an interested person, requests review, by the City Commission, of the Design Review Board's February 25, 1998 order denying Application No. 9193. This request was originally filed on May 29, 1998, within the permissible time allotted for such a request. This letter is solely for purposes of further clarification as requested by the City. As required by ordinance, this appeal is based solely on the record of the January 6, 1998 hearing. It is our position that in their consideration of this application, the Design Review Board failed to provide the applicants with procedural due process and failed to . MIAMI OFFICE. MIAMI CEI-;TER. 26TH FLOOR. 201 SOl.;TH BISCAYNE BOULf:V,\RD. MIAMI. FLORJDA 33131-4336, TELEPHONE 305/536 -1112, FACSIMILE 305/536 -III G . WEST PALM BEACH OFFICE . COMEAU BULDI:>:C. Sun 1000.319 CLEMATIS STREET. WEST PAL.'-'I BEACH. FLORIDA 33401. TELEPHONE 561/835-4200. FACSI.MILE 56I1M3;-l:..: observe essential requirements of the law. In addition the decision to deny this application was not based upon substantial competent evidence. . I enclose the applicable fee and required mailing labels. If you have any questions or require any further material from us please contact me. Very truly yours, [be AL CARDENAS cc: S~gio Rodriguez Murray Dubbin, Esq. Tom Mooney Bruce Eichner Nathan Hong Brian Tague, Esq. Joseph L. Rebak, Esq. H: \BDF\DA T A \EICHNER\LETIERS\GRANDIN.L T4 CITY OF MIAMI BEACH PLANNING, DESIGN & HISTORIC PRESERVATION DIVISION m DESIGN REVIEW BOARD STAFF REPORT FROM: DESIGN REVIEW BOARD DEAN J. GRANDIN, Jr., DEPUTY DIRECTO~ DEVELOPMENT, DESIGN & HISTORIC PRESERVATION SERVICES TO: DATE: JANUARY 6, 1998 MEETING RE: DESIGN REVIEW FilE NO. 9193 Ocean and Easement Parcels located at the southeast corner of South Pointe Drive and Ocean Drive - Ocean Parcel The applicant, Continuum, L.L.C., is requesting Design Review approval for the construction of two (2) 54 story (546'-2" to the top of the roof and 576'-2" to the highest architectural projection) apartment towers with a total of 580 units, and a 40 story (424'-2" to the top of the roof and 454'-2" to the highest architectural projection) structure consisting of 234 hotel units and 220 timeshare/condominium units. HISTORY: The application came before the Board on September 2, 1997, and after discussion was continued to a date certain of October 7, 1997, at the request of the applicant. On October 7, 1997, the matter was heard again and continued to a date certain of November 4, 1997, and then to a date certain of November 17, 1997. On November 17, 1997, the application was continued to a date certain of January 6, 1998, in order to address Board concerns related to the design of the pedestal, the location of the entry ramp and the manner in which the pedestal portion of the project relates to the neighboring South Pointe Park. SITE DATA: Zoning - Future land Use Designation- lot Size - Existing FAR - Proposed FAR - CPS-3 (Commercial Intensive Mixed Use) CPS-3 (Commercial Intensive Mixed Use) 805,904 S.F. * 972,901 S.F. / 1.21 * 2,757,901 S.F./3.42 * (Max FAR = 3.5), as represented by the applicant Existing Use/Condition - Proposed Use - 459' (Portofino Tower) & 305' (South Pointe Tower) 54 stories / 546'-2" (576'-2" to highest non- habitable projection) Vacant parcel and condominiums 580 Condominiums and 234 hotel units and 220 timeshare/condominium units. Existing Height - Proposed Height- · Refers to the Master Parcel which includes the sites of the existing South POlnte and Portofino Towers THE PROJECT: The applicant is proposing to construct two (2) large condominium towers and a hotel structure on the vacant ocean parcel at the southeastern tip of the City; the proposed project is on a site which is part of an overall master site, inclusive of the existing South Pointe and Portofino Towers. Access to the subject site will be from South Pointe Drive, at the southern terminus of Ocean Drive, and consists of one (1) two (2) separate driveways for each condominium tower. A breakdown of the floor plan of the proposed project is enumerated hereto: level One: level Two: level Three: level Four: levels 7-54: Parking Parking . Parking, hotel lobby and entry drive Apartment tower lobbies and entry drive Condominium and hotel units The condominium and hotel towers consist of a translucent array of clear glass windows, fritted glass screens, and clear glass balcony rails. Also, a pedestrian sidewalk is proposed on the western edge of the project site, which is now open to the sky and connects the sidewalk on South Pointe Drive (formerly Biscayne Street) to the adjacent South Pointe Park. TRAFFIC IMPACT ANALYSIS: A level three (3) traffic impact analysis has been submitted by the applicant; said analysis is being reviewed by staff to determine the impact of the proposed project on the traffic service levels of the site and immediate area. COMPLIANCE WITH ZONING CODE: The application, as proposed, has been reviewed for zoning compliance on the premise that the project is part of the larger building site; however, this assumption is subject to confirmation by the applicant and a final determination by the Planning and Zoning Director. While the Planning and Zoning Director has met with the applicant's attorney to discuss the issue in greater detail, it has not yet been resolved; the matter is scheduled to be discussed further with the City Attorney. 2 Staff review of the submitted plans has found the proposal to be inconsistent with the following aspects of the City Zoning Ordinance: 1 . The tower side setback should be the same for both sides; the tallest building on the site is used to calculate the side setback, as noted: 480' x 10% = 48' + 5'(pedestall = 53'-Tower setback for both sides 2. The rear setbacks were calculated incorrectly; the average lot depth is 1.382' 1,382' x 20% = 276' - rear pedestal setback 1,382' x 25% = 346' - rear tower setback 3. The shaded FAR drawing are too small to verify floor area. Some areas on the lower parking levels within the building look like they should be included and were not and the covered stairs within the parking garage shall be included in the FAR calculations. The corner balconies may have to be included in the FAR. ,. 4. Variances shall be required for the rear setback for the hotel and condominium, as well as the side setback for the Hotel. 5. The parking requirement for residential projects in the CPS-3 Zoning District is 1.25 spaces per unit; all excess spaces must be included in the FAR calculations. 6. Due to the height of the proposed new towers, the existing tower setback for South Pointe Towers becomes nonconforming; consequently, a variance shall be required to retain the existing South Pointe Towers Building. 7. It is not clear whether or not this project is to be reviewed for compliance with the South Pointe Development Agreement; if said Agreement is no longer operative the proposed Ocean Parcel Project may require either a Unity of Title or a Restrictive Covenant in lieu of Unity of Title, tying the Ocean Parcel to the overall development site. These and all zoning matters shall be subject to final verification, including the issue as to whether this application is to be viewed as part of the larger building site or as a parcel to be subdivided as a separate lot. COMPLIANCE WITH DESIGN REVIEW CRITERIA: Design Review encompasses the examination of architectural drawings for consistency with the criteria stated below with regard to the aesthetics, appearances, safety, and function of the structure or proposed structures in relation to the site, adjacent 3 structures and surrounding community. Staff recommends that the following criteria is found to be satisfied, not satisfied or not applicable, as hereto indicated: 1 . The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, trees, drainage, and Waterways. - Satisfied 2. The location of all eXisting and proposed Buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping Structures, Signs, and lighting and screening devices. - Not Satisfied; see Concern #1, #2 and Staff Analysis Adequate details and dimensions of the proposed entrance driveways and retail structures on the north elevation, as well as dedicated pedestrian pathways and accessibility compliance, have not been provided. 3. The dimensions of all Buildings, Structures, setbacks, parking spaces, Floor Area Ratio, height, lot Coverage and any other information that may be reasonably r,equired to determine compliance with this Ordinance. - Not Satisfied; see Concern # 1, #2 and Staff Analysis Full details and dimensions of the proposed entrance driveways and retail structures on the north elevation, as well as dedicated pedestrian pathways and accessibility compliance, have not been provided; the width of the proposed pedestrian entry steps to the third and fifth levels of the proposed pedestal are too narrow and are not clearly identifiable from the sidewalk. 4. The color, design, selection of landscape materials and architectural elements of Exterior Building surfaces and primary public interior areas for Developments requiring a Building Permit in areas of the City identified in Subsection B of this Section. - Not Satisfied; see Concern #1, #2, #4 and Staff Analysis The submitted color samples are not an accurate reflection of the actual color chips and the entrance access points have not been detailed; adequate detail of the submitted pedestal elevations at the street level has not been provided. 5. The proposed Structure is in conformity with the standards of this Ordinance and other applicable ordinances, architectural and design guidelines, and plans insofar as the location and appearance and design of the Buildings and Structures are involved. - Not Satisfied; see Concern #1 and Staff Analysis 6. The proposed Structure indicates a sensitivity to and is compatible with the environment and adjacent Structures, and enhances the appearance of the surrounding properties. 4 - Not Satisfied; lee Concern #1, #2 and Staff Analysis The entrance to the proposed site is slightly vehicularty oriented and negatively impacts the pedestrian character of the immediate area as well as the proposed pedestrian avenue into South Pointe Park; the pedestal portions and retail storefronts of the project have not been adequately detailed; the south elevation of the proposed pedestal is slightly overbearing and negatively impacts the vista looking northward from South Pointe Park. 7. The design and layout of Buildings shall be reviewed so as to provide an efficient arrangement of land uses. Particular attention shall be given to safety, crime prevention and fire protection, relationship to the surrounding neighborhood, impact on contiguous and adjacent Buildings and lands, pedestrian sight lines and view corridors. - Not Satisfied; see Concern #1, #2 and Staff Analysis The entrance to the proposed site is slightly vehicularty oriented and negatively impacts the pedestrian character of the immediate area as well as the proposed pedestrian avenue into South Pointe Park; the pedestal portions and retail !\.tore fronts of the project have not been adequately detailed; the south elevation of the proposed pedestal is slightly overbearing and negatively impacts the vista looking northward from South Pointe Park. 8. Pedestrian and vehicular traffic movement within and adjacent to the Site shall be reviewed to ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the Site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the Site. - Not Satisfied; See Concern #1 and Staff Analysis A revised traffic impact study to address staff concerns has been submitted, but has not been fully reviewed as of this writing. 9. Lighting shall be reviewed to ensure safe movement of persons and vehicles and reflection on public property for security purposes and to minimize glare and reflection on adjacent properties. - Satisfied 10. landscape and paving materials shall be reviewed to ensure an adequate relationship with and enhancement of the overall Site Plan design. - Not Satisfied; see concern #3 and Staff Analysis The landscape plan is slightly underdeveloped in terms of overall plant design. 11 . Buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from Structures are adequately shielded from public view and pedestrian areas. 5 - Not Satisfied; see concern #3 and Staff Analysis The landscape plan is slightly underdeveloped in terms of softening and buffering the large entrance driveway at the northwest corner of the project. 12. Storm drainage, sanitary waste disposal, and water supply shall be reviewed and considered in terms of the adequacy of existing systems, and the need for improvements, both on-Site and off-Site, to adequately carry runoff and sewage, and to maintain an adequate supply of water at sufficient pressure. - Not Satisfied; Concurrency Evaluation Required. 13. Garbage disposal shall be reviewed to ensure freedom from vermin and rodent infestation. All disposal systems shall meet municipal specifications as to installation and construction. - Not Satisfied; Concurrency Evaluation Required. 14. The overall project shall be reviewed for compliance with the City's Comprehensive Plan or Neighborhood Plans that apply to or affect the subject property. - Not Satisfied; Concurrency Evaluation Required. 1 5 . To promote reduced crime and fear of crime through the use of Crime Prevention Through Environmental Design Guidelines and Strategies. - Satisfied STAFF ANALYSIS: Staff must preface this analysis by clearly continuing to express its serious concern with regard to any additional ultra high-rise tower construction in the South Pointe/Ocean Beach area, as well as the need for substantial variances to the Zoning Ordinance to achieve the high-rise project as proposed. Preferably, a much lower scale of development should occur .on the sUQject site, and one which is somewhat more residential in architectural character. than the proposed towers. This would significantly assist in maintaining the traditionally relaxed pedestrian/residential resort atmosphere of the Ocean Beach/South Pointe area for the equal enjoyment of future generations of average residents and visitors alike. Of particular concern to staff is the overwhelming visual assertiveness of the three proposed triangular towers in relation to the low-scale southern view corridors of Ocean Drive and Collins Avenue, as well avenues further west. Equally troubling is the lack of a master site development plan for the overall Ocean Parcel/South Pointe property that cohesively integrates the proposed project with the existing South Pointe and Portofino Towers located on the western portion of the development site. Such integration was implicit in the Portofino Tower site plan approved by the Design Review Board, even to the extent that the existing vehicular entrance to the Portofino 6 Tower building was approved as a temporary improvement; the permanent entrance was intended to be located substantially further east on South Pointe Drive, at the southern terminus of Ocean Drive; this would leave the present curb cut as one of the at-grade entrances to the residential parking garage. A second at-grade garage entrance already exists on the south side of the project. The Concept Plan under the South Pointe Development Agreement contemplated a balanced development over the entire site, with 2,319,750 square feet of floor area (this is roughly 500,00 square feet less than the maximum permissible development on the overall site under the CPS-3 Zoning classification). This project, when added to the existing South Pointe and Porto fino Towers projects would result in a total of 2,757,901 square feet on the overall site, or roughly 438,800 square feet of additional floor area over what was originally contemplated in the Development Agreement Concept Plan. As such, it could be now argued that the proposed density on the Ocean Parcel is excessive relative to the overall site, and what had been a balanced master site plan would become imbalanced with the implementation of the proposed project. If viewed alone, the effective proposed F.A.R. on the Ocean Parcel is disprop.ortionate not only to the master site area, but to the overall neighborhood. Staff is seriously concerned about this imbalance. A serious concern identified in the previously reviewed Ocean Parcel site plan was the weak urban relationship between the overall Portofino/Ocean Parcel development site and South Pointe Park, which flanks its entire southern border. As reconfigured, the project master plan for the Ocean Parcel portion of the development site begins to significantly address and acknowledge the public importance of South Pointe Park as the most southerly, and arguably most dramatic, public recreational place and scenic vantage point in the City of Miami Beach; a broader, more clearly defined esplanade is being proposed which extends Ocean Drive southward as a landscaped pedestrian avenue into South Pointe Park. This proposed promenade, which would be fifty one feet (51') in width at its narrowest point, would intersect the park at approximately its mid point, between the Portofino and Ocean Parcel portions of the development site, creating the pedestrian friendly park gateway that it is missing today. The applicant is to be commended for removing the previously proposed two (2) level parking garage along the west side of this pedestrian corridor, thus enabling the esplanade to be significantly expanded. Likewise, the applicant's architect should be complimented for relocating the vehicular entrance ramps for the proposed Ocean Parcel towers further eastward, where they are effectively contained within the footprint of the project pedestal, and behind the structured landscape wall. Although these positive changes contribute significantly to the creation of a meaningful public amenity, the applicant should further this gesture by 1) relocating the two proposed tennis courts along the west side of the corridor to a suitable alternate location, and 2), by relocating the present (temporary) main entrance ramp to the Portofino and 7 South Pointe Towers to a new and permanent location as generally proposed in the previously approved Portofino master site plan. Notwithstanding aforementioned design and urban planning concerns, and given the potential development density of the project site, the applicant's architect has engendered a sophisticated residential and time-share hotel design solution which attempts to reduce the anticipated adverse impact of ultra high-rise construction on adjacent low-scale neighborhoods to the north. Additionally, appealing vistas have been achieved from the proposed units. This is partially due to the very large size of the subject development site as well as to its unique location near the south tip of the island, where it is slightly removed from the low-scale traditional urban neighborhoods to the north. With regard to addressing the anticipated looming presence of the proposed high-rise construction, the applicant's architect has employed an architecturally sagacious system of translucent and transparent facades for the proposed towers, composed of steel frames, double glazed clear glass curtain walls with mini blinds encapsulated betweerit the panes' of glass, and fritted glass sun screens, as well as French and open balconies delineated by clear glass bulkheads and aluminum rails. The result is tower structures that would be much lighter, smoother and more elegant in appearance than the neighboring South Pointe and Porto fino Tower buildings to the west on the same site. Furthermore, the facade concept displays an acute effort to continue the Beach's design tradition of an architectural continuum responsive to its time. In addition to endeavoring to advance the resident and visitor urban experience in Miami Beach, a permanence of structure has also been designed into the proposed towers; the facade systems include the selection of time tested high-rise exterior construction systems, materials and finishes. This is intended to ensure the long term durability of the structures in a highly abrasive marine environment, a threshold consideration given the difficulty and expense of frequent facade maintenance for such tall structures. Time has taught the lesson in South Beach that less durable construction systems and materials, employed in buildings constructed during the 1930s and 1940s, has resulted in serious later maintenance and restoration challenges for owners and architects. The eastern portion of the overall development site has been laid out so as to maximize the vistas from the proposed new units as well as to minimize the impact on the vistas of existing units within the existing two Portofino Tower structures on the west side of the site. This has been accomplished through the use of unique triangular floor plates for the three (3) towers, as well as an airy and sculptured juxtaposition of the proposed structures to one another, as they rise from a common low and broad base. A serious effort has likewise been made to orient the proposed towers in a manner which acknowledges the north-south axis of Ocean Drive and Collins Avenue, and 8 places the mass of the new towers eastward of the direct southern view corridor established by Ocean Drive. In previous submissions for the eastern portion of the overall development site, the applicant was proposing an isolated project, a scheme which created a private residential enclave that had no bearing or relationship to the immediate street scape and pedestrian fabric of the surrounding area, nor to South Pointe Park. As is the case with South Pointe and Portofino Towers, there was no clearly defined entry focal point from the sidewalk of South Pointe Drive into the project and, further, little in the way of visual urban activity took place at the public pedestrian level. This deficiency was further exacerbated by the excessive number of curb cuts that were proposed for the project. In an effort to correct these shortcomings, the applicant has reduced the total number of curb cuts along South Pointe Drive, successfully integrated a public esplanade connecting South Pointe Park with Ocean Dive, and has introduced retail storefronts along the north elevation of the pedestal/garage portion of the proposed project, facing South ~ointe Driv"e. Collectively, these revisions have significantly lessened the potential negative impact of heavy vehicular circulation and a major parking structure upon the project site and adjacent neighborhood to the north. Despite the continuing project improvements, however, staff continues to have reservations relative to the significant urban contextual and architectural concerns raised earlier in this analysis, as well with the lack of adequate detail submitted for the pedestal and public esplanade portions of the project. Again, while the massing, design and materials chosen for the tower portions of the project are sophisticated and may somewhat lessen the overall impact of these large structures on the surrounding area, more detail is still needed as to how the proposed project will successfully connect to the existing Portofino structures and grounds on the west side of the same development site, as well as compatibly relate to the immediate surrounding area in terms of pedestrian and vehicular access, and the design of the retail storefronts. In order to address adequately these and other previously raised contextual, design, and site planning issues, staff strongly recommends that the width of the stairwell connecting the sidewalk along Biscayne Street to the third level pedestal be substantially widened and made more inviting to the pedestrian; this modification should also be applied to the stairwell connecting the third level of the pedestal to the fifth level. It is also suggested that the proposed retail storefronts along South Pointe Drive, as well as the pedestal portions of the project, provide a design, massing and surface finishes scheme which acknowledges and is compatible with the special pedestrian scale and character of traditional neighborhood to the north. It is further suggested that the grade level tennis courts be removed so as to further widen the 9 proposed pedestrian extension of Ocean Drive southward, thus enhancing the pedestrian and visual avenue into South Pointe Park. Relative to the architectural design of the proposed Ocean Parcel towers, staff believes that the proposal by the architect to lighten the color palette for the curtain wall system, as well as to substantially reduce the number of secondary vertical framing elements in the tower facades, contributes to an overall architectural character which is at once softer and more residentially thoughtful, yet still uniquely sophisticated and precise. Although staff believes that the collective design refinements proposed will result in a project which is significantly more responsive to the context of South Beach its overall urban persona harkens to metropolitan Miami beyond. Staff must stress once again, the rear setback variances necessitated by this design are substantial and the applicant should not proceed in the belief that they would be automatically approved by the Board of Adjustment. In summary, staff believes that the applicant has done a good job of addressing several of the key issues raised in the previous staff reports as well as those articulated by the Board;,. however, . as of this writing, adequate revisions and details have not been submitted in order to finalize a Staff recommendation relative to approval or denial. Staff is confident, however, that the applicant's architect will continue to embrace the challenge of addressing the concerns noted herein, and that a higher level of design development in this project will be addressed through new and more detailed drawings to be submitted and brought back before the Board at a later date. RECOMMENDATION: In view of the foregoing analysis and inconsistencies with the aforementioned Design Review criteria, staff recommends the application be continued to a date certain of March 10, 1998, in order to address the following concerns: 1 . Revised elevation drawings shall be submitted; at a minimum, said drawings shall incorporate the following: a. Barrier free equity access as a thoroughly integrated design component throughout the project. b. Details of the proposed retail storefronts and the entranceway stairwell at the first level of the north elevation of the Ocean Parcel project shall be required which reinforce a sensitivity to the low scale character of the adjacent urban environment to the north. c. Greater detail of the pedestal portion of the project shall be required which maximizes a pedestrian friendly character in keeping with the urban traditions of the Beach, including a firmer and more defined 10 connection with the tower portions of the project, as well as a stronger connection to the street. d. The proposed entrance stairwell which connects the top of the pedestal to the sidewalk shall be redesigned and widened; specifically, said feature shall be widened so as to clearly identify a more prominent pedestrian access way to the entrances of the proposed towers. e. The existing temporary vehicular entrance ramp leading from South Pointe Drive to South Pointe and Portofino Towers shall be eliminated and a new permanent entrance ramp designed concurrent with the proposed vehicular entrance ramps to the Ocean Parcel towers; said permanent new entrance ramp shall be generally located as previously approved in the Portofino master plan, or in an appropriate alternative location subject to the approval of the Board. f. New retail storefronts shall be introduced on the site of the removed ,. temporary vehicular ramp to the South Pointe and Portofino Towers; said retail storefronts shall be designed in a manner compatible with the proposed shopfronts in the pedestal portion of the Ocean Parcel project. g. The overall Ocean Parcel/South Pointe development site shall be master planned as a cohesive and balanced urban whole, sensitive to the traditional pedestrian character and scale of South Beach; a well designed, comfortably lighted, and appropriately landscaped public pedestrian esplanade connecting South Pointe Drive with South Pointe Park shall be developed as the central spine which units the east and west portions of the development site. 2. The proposed tennis courts on the west side of the grade level pedestrian connection to South Pointe Park shall be eliminated so as to provide a more expansive and suitable public pedestrian avenue/esplanade into South Pointe Park as well as an urban focal point at the southern terminus of Ocean Drive. Said development shall be coordinated with any master site development currently being planned for South Pointe Park. 3. A revised landscape plan, and corresponding site plan, as well as pedestal floor plans, shall be submitted. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be clearly delineated; at a minimum, said plans shall incorporate the following: a. Details of the proposed entrance driveway system, with multiple ramps and curb-cut access points, shall be submitted. 11 b. Details of the entire proposed loading zone at the southwest corner of the pedestal shall be required; all trucks must be able to fit completely within the confines of said zone and no stacking of trucks or vehicles of any type shall be permitted within the pedestrian connector from Biscayne Street to South Pointe Park. The proposed loading zone area shall only be operational from 8:00 am - 1 :00 pm, Monday thru Saturday, and a Dockmaster or loading Supervisor shall be present at all times. c. A fully automatic irrigation system with 100% coverage and an automatic rain sensor in order to render the system inoperative in the event of rain. d. Detailed floor plans for levels P-3 and P-5, which clearly delineates all circulation, shall be required. Dedicated pedestrian access ways, which are physically segregated from all vehicular lanes and which connect to the stairwells accessing the sidewalk, shall be required. e. The proposed pedestrian access way to the third level of the pedestal shall be physically and architecturally separated from the driveways, and shall be substantially widened. 4. All building signage shall be consistent in type and composed of flush mounted, individual letters. 5. The exterior surface color scheme, including color samples, shall be submitted. A light color palette for the steel framing systems shall be required to preserve the nautical uniqueness of the site and location. 6. Final building plans shall meet the concurrency requirements of Section 22 of the Zoning Ordinance and shall meet all other Zoning Ordinance requirements. 7. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required. 8. 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. 9. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). 10. The project shall comply with any landscaping or other sidewalk/street improvement standards as may be prescribed by a relevant Urban Design Master 12 Plan approved prior to the completion of the project and the issuance of a Certificate of Occupancy. DJG:TRM/WHC F:\PlAN\$DRB\DRB98\JANDRB98\9193.JAN ,. 13 DESIGN REVIEW BOARD City of Miami Beach, Florida MEETING DATE: January 6, 1998 IN RE: The Application for Design Review Approval for the construction of two (2) 54 story (546' -2" to the top of the roof and 576'-2" to the highest architectural projection) apartment towers with a total of 580 units, and a 40 story (424'-2" to the top of the roof and 454'-2" to the highest architectural proj ection) structure consisting of 234 hotel units and 220 timeshare/condominium units. ,. Ocean and Easement Parcels located at the southeast corner of South pointe Drive and Ocean Drive Ocean Parcel PROPERTY: FILE NO: 9193 ORDER The applicant, Continuum, L.L.C., filed an application with the City of Miami Beach's Planning, Design & Historic Preservation Division for Design Review Approval for the construction of two (2) 54 story (546'-2" to the top of the roof and 576'-2" to the highest architectural projection) apartment towers with a total of 580 units, and a 40 story (424'-2" to the top of the roof and 454'-2" to the highest architectural projection) structure consisting of 234 hotel units and 220 timeshare/condominium units. The City of Miami Beach's Design Review Board makes the following FINDING OF FACT: 1. The project, as subsections of the 1998 Staff Report. submitted, is inconsistent with those Zoning Ordinance as noted in the January 6, 2. The applicant has not demonstrated that the concurrency requirements of Section 22 of the Zoning Ordinance have been met. 3. Design Review encompasses the examination of architectural drawings for consistency with the criteria stated in Subsection 18-2 of the Zoning Ordinance with regard to the aesthetics, appearances, safety, and function of the structure or proposed structures in relation to the site, adj acent structures and surrounding community. Based on the following, including, but not limited to, the plans and documents submitted with the application, and the reasons set forth in the Planning, Design and Historic Preservation Division staff report of January 6, 1998, excluding certain recommendations therein, the project, as submitted, is not consistent with Design Review Criteria Nos. 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13 & 14, as set forth in Subsection 18-2.A of Zoning Ordinance 89-2665. IT IS HEREBY ORDERED, based upon the foregoing Findings of Fact that the request for Design Review Approval for the construction of two (2) 54 story (546'-2" to the top of the roof and 576'-2" to the highest archit~ctural projection) apartment towers with a total of 580 un"lts, and a 40 story (424' _2" to the top of the roof and 454'- 2"to the highest architectural projection) structure consisting of 234 hotel units and 220 timeshare/condominium units is DENIED. day of fJ(J~_, 1998. Dated this J..~~ DESIGN REVIEW BOARD City of Miami Beach, Florida By: (~ K.~/~' Chairperson Approved as to Form: ~ Z;?-3lq~ Office of the (Initials/Date) City Attorney F:\PLAN\$DRB\DRB98\JANDRB98\9193.FO 2