2000-24073 RESO
//
RESOLUTION NO. 2000-24073
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA APPROVING A
SETTLEMENT AGREEMENT BETWEEN RITZ
PLAZA HOTEL CORPORATION AND THE
CITY OF MIAMI BEACH AND AUTHORIZING
THE EXECUTION OF ANY NECESSARY
DOCUMENTS.
WHEREAS, Ritz Plaza Hotel Corporation has heretofore asserted claims against the City
of Miami Beach ("City") consisting of (a) an appeal before the Special Ma;;ter of the City of Miami
Beach of Design Review Board File No. 10257J and Historic Preservation Board File No. 1087
collectively styled In Re Ritz PIH7" Hotel. Miami Beach. Florida, (b) a complaint for declaratory
relief styled Ritz Plaza Hotel Corp. d/b/a Ritz Plaza Hotel v. City of Miami Beach. Florida a
municipal coqlOration, 11th Judicial Circuit Court Case No. 98-19193 CA 27, and (c) a Bert J.
Harris, Jr. Private Property Rights Protection Act claim filed with the City of Miami Beach on
January 21, 1999 pertaining to the Ritz Plaza Hotel located at 1701 Collins Avenue, Miami Beach,
Florida; and
WHEREAS, the parties wish to settle the outstanding claims and have agreed to enter into
the Settlement Agreement attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1:
That the City Commission hereby approves the Settlement Agreement
attached hereto as Exhibit "A".
Section 2:
That the City Commission hereby authorizes the Mayor, City Clerk and other
necessary City personnel to execute the Settlemmt Agreement, and such
other instruments as may be necessary to carry out the intent of this
Resolution.
PASSED and ADOPTED this 13th day of
September , 2000.
lIlYOR
ATTEST:
JfUM~ PcMG~
CITY CLERK
F,\A TTOITURN\RESOSIRITZPLAZ,SET
APPROVED /4S TO
FORM & LANGUAGE
& FOREXECUnON
J/fJI1~ 1~6;,.O CI
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. 0q 2. - 0<:::)
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: September 13,2000
FROM:
Murray H. Dubbin ~
City Attorney
ADOPTION
SUBjECT: RESOLUTION APPROVING PROPOSED SETTLEMENT AGREEMENT
WITH RITZ PLAZA HOTEL CORPORATION CONCERNING THE RITZ
PLAZA HOTEL AT 1701 COLLINS AVENUE, MIAMI BEACH, FLORIDA.
The Ritz Plaza Hotel Corporation ("Ritz Plaza") and the City of Miami Beach submit the
document entitled "Settlement Agreement" for consideration and approval by the Mayor and City
Commission. The Settlement Agreement provides, inter alia, that the Ritz Plaza Hotel may proceed
to develop and modifY the Ritz Plaza Hotel in accordance with various City approvals granted by
the Joint Board, the Historic Preservation Board, and the Board of Adjustment and the approvals
extend through June 30, 2001. In exchange, Ritz Plaza has agreed that it will dismiss or withdraw
with prejudice all three of its pending actions against the City, including an appeal to the Special
Master, a complaint for declaratory relief in the Eleventh Judicial Circuit Court, and the Bert J.
Harris Act claim.
In the alternative, Ritz Plaza has proposed an Alternative Settlement Agreement for
consideration by the Mayor and City Commission.
The public hearing on this Resolution was opened and continued from the July 26, 2000 City
Commission meeting.
cc: Jorge M. Gonzalez
City Manager
Y,\A1TlJ.T\JRNICOMIoIMEMO\MITUW,,.,oJI
Agenda Item fZ..iA
Date '1 - 13-0'0
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
SUBJECT:
Mayor Neisen O. Kasdin and
Members of the City Commission
Murray H. Dubbin .l.illfv
City Attorney tIA~'
RESOLUTION APPROVING PROPOSED SETTLEMENT AGREEMENT
WITH RITZ PLAZA HOTEL CORPORATION CONCERNING THE RITZ
PLAZA HOTEL AT 1701 COLLINS AVENUE, MIAMI BEACH, FLORIDA.
DATE: September 13, 2000
TO:
FROM:
Attached hereto are copies of documents which are referenced in the proposed Settlement
Agreement and the Alternative Settlement Agreement between the City and Ritz Plaza. These
documents are to be included in Exhibits A and B attached thereto. Specifically, the Consolidated
Order marked Exhibit A is to be added under al] Exhibit A tabs. The attached Order marked Exhibit
B is to be added under all Exhibit B tabs. These Orders modifY the various development approvals
given to the Ritz Plaza Hotel. The Consolidated Order (Exhibit A) modifies the application for the
Certificate of Appropriateness for a new front entry court and landscape plan as required by the Joint
Board's Final Order for the project. The Order (Exhibit B) modifies the approval of the application
for a Certificate of Appropriateness for revisions to previously approved plans for the partial
demolition, alteration, and renovation of the existing Ritz Plaza Hotel, in conjunction with the .
construction ofa new seven (7) story tower at the rear (east) side of the property, in order to remove
the attached "folly" structures and to substantially revise the exterior elevations.
cc: Jorge M. Gonzalez
City Manager
F:\ATTO\TURN\COMMMEMO\RITZPLZ2.ATT
1700 Convention Center Drive - Fourth Floor - Miami Beach, Florida 33139
SETTLEMENT AGREEMENT
RPH Hotel Associates, LLC, a Delaware limited liability company, as successor by merger
to Ritz Plaza Hotel Corporation ("Ritz Plaza") and the City of Miami Beach ("City") (collectively,
"the Parties"), stipulate and agree as follows:
RECITALS
WHEREAS, Ritz Plaza has filed an appeal pending before the Special Master ofthe City
of Miami Beach, Florida, of Design Review Board ("DRB") File Number 10257J and Historic
Preservation Board ("HPB") File Number 1 087 sty]ed In Re Ritz Plaza Hotel Miami Beach, Florida;
and
WHEREAS, Ritz Plaza has filed a complaint for declaratory relief styled Ritz Plaza Hotel
Corp., d/b/a the Ritz Plaza Hotel v. City of Miami Beach, Florida, a municipal corporation, 11th
Judicial Circuit Case Number 98-19193 CA 27; and
WHEREAS, Ritz Plaza has filed a Bert J. Harris, Jr. Private Property Rights Protection Act
Claim with the City of Miami Beach on January 21,1999 pertaining to the Ritz Plaza Hotel, 1701
Collins Avenue, Miami Beach, Florida (the "Property"); and
WHEREAS, on August 18, I999, Ritz Plaza received Joint Design ReviewIHistoric
Preservation Board ("Joint Board") approval for Joint Board File Number 11464J (the "Joint Board
Order") and a Certificate of Appropriateness for Demolition from the Historic Preservation Board for
HPB File No. 1114 (the "Historic Preservation Board Order"); and
WHEREAS, on February 4, 2000, Ritz Plaza received two variances in an order from the
Miami Beach Board of Adjustment ("BOA") under File No. 2720 (the "Board of Adjustment
Order"), allowing the Ritz Plaza to exceed by 29'2" the maximum permitted height of50'O" in order
to construct a 79'2" high detached hotel addition at the rear of its property, and a variance to exceed
by two (2) stories the five (5) story maximum for ground floor additions to existing buildings on
Oceanfront lots in order to construct a seven (7) story addition at the rear of the Property; and
WHEREAS, on August 8, 2000, Ritz Plaza received approval for modifications to the Joint
Board Order and to the Historic Preservation Board Order; and
WHEREAS, Ritz Plaza and the City desire to resolve the Bert J. Harris Private Property
Protection Act claim filed by Ritz Plaza against the City and all other pending litigation and claims
against the City as referenced above; and
WHEREAS, this Settlement Agreement constitutes and will serve to effectuate the City's
settlement offer on the Harris Act claim, pursuant to Chapter 70.001(4)(c), Fla. Stat.; and
WHEREAS, pursuant to Chapter 70.001(4)(d), Fla. Stat., this Settlement Agreement will
have the effect of a modification or the effect of a variance to the application of the City Code as it
exists today, as it would otherwise apply to the Property; the relief granted protects the public
interest served by the regulations at issue, and is the appropriate relief necessary to prevent the
governmental regulatory effort from inordinately burdening the Property; and
WHEREAS, this Settlement Agreement constitutes compromises between Ritz Plaza and the
City under the City's former land development regulations, in order to settle the complaint for
declaratory relief styled Ritz Plaza Hotel Corp., d/b/a the Ritz Plaza Hotel v. City of Miami Beach,
Florida, a municipal corporation, 11 th Judicial Circuit Case Number 98-19193 CA 27; the appeal
pending before the Special Master of the City of Miami Beach styled In Re Ritz Plaza Hotel Miami
Beach, Florida; and the Bert J. Harris, Jr. Private Property Rights Protection Act Claim filed with the
City of Miami Beach on January 21, 1999 pertaining to the Ritz Plaza Hotel, 1701 Collins Avenue,
Miami Beach, Florida; and
WHEREAS, in consideration ofthe mutual promises, covenants and conditions herein, the
Parties stipulate and agree as follows:
AGREEMENT
The foregoing recitals are true and correct.
1. Ritz Plaza shall be allowed to construct and renovate the Ritz Plaza Hotel as set forth
in the Joint Board Order as modified on August 8, 2000, attached hereto as Exhibit
A, the Historic Preservation Board Order as modified on August 8, 2000, attached
hereto as Exhibit B, and the Board of Adjustment Order attached hereto as Exhibit C,
except as otherwise modified herein upon receipt of a final, non-appealable order
approving this Settlement Agreement by a court of competent jurisdiction.
2. The City and Ritz Plaza shall vigorously defend against the two Petitions for Writ of
Certiorari ("Petitions") filed challenging the variances, as set forth in 11 th Judicial
Circuit Case Numbers 00-091 AP and 00 092-AP. The City and Ritz Plaza may
move to abate the Petitions.
3. The City hereby agrees to extend the approval, and all conditions therein, set forth in
the Joint Board Order, as modified, through June 30, 2001.
4, The City hereby agrees to extend the approval, and all conditions therein, set forth in
the Board of Adjustment Order through June 30, 2001.
5. No further extensions of time will be granted by the Joint Board or the Historic
Preservation Board.
2
6. Upon the issuance of a final non-appealable order by a court of competent
jurisdiction: a) affirming the BOA approval, or b) granting approval of this
Settlement Agreement, Ritz Plaza agrees that it will dismiss or withdraw with
prejudice all three of the pending actions listed above and waives any other claims
that may arise under Ordinance 97-3097 and the rezoning and comprehensive plan
amendment ordinances passed on first reading on March 17, ] 999 (Items R5-G and
R5-H). Ritz Plaza shall indemnify and defend the City in any claim or action or
appeal by a third party arising out of the approval of this Settlement Agreement by
the city, in any court, or administrative body. Said indemnity shall include but not be
limited to attorneys' fees, litigation costs, and any award of damages.
7. The City and Ritz Plaza agree to cooperate with each other and may file any motions
or other pleadings required in the pending actions in support of each other's
positions. The Parties agree that such filings will be without prejudice to any claims,
defenses or positions that each party may have as of the date of this Settlement
Agreement.
8. The Parties agree that if a final, non-appealable approval of this Settlement
Agreement has not been granted by a court of competent jurisdiction by June 30,
2001, either party may terminate this Settlement Agreement, by giving notice within
five (5) business days, except that if the only pending issue is a third party challenge,
the Parties shall have an additional six months, until December 30,2001, to resolve
such challenge prior to exercising their right to terminate this Settlement Agreement,
by giving notice within five (5) business days. The Parties retain the right to modifY
this Settlement Agreement as may be necessary to effectuate the intent of the Parties
in the future upon mutual written agreement.
9. The Parties agree that they shall each bear their own attorneys' fees, expenses, and
costs arising out of this litigation.
10. This Settlement Agreement is binding on the Parties hereto and the Parties agree to
execute any and all documents necessary to ratifY and confirm the terms and
provisions of this Settlement Agreement.
11. This Settlement Agreement shall be deemed drafted by the Parties and there shall be
no presumption against any party relating to the drafting of said Settlement
Agreement and the language used herein.
12. This Settlement Agreement and its enforcement shall be governed by the laws of the
State of Florida.
3
13. The Parties signing this Settlement Agreement represent and warrant that they have
full and complete legal and binding authority to enter into said Settlement
Agreement.
14. The terms of this Settlement Agreement shall be binding on the Parties, their
successors and assigns, and shall supersede all prior discussions and negotiations
among the Parties concerning settlement, including but not limited to that certain Ritz
Plaza Settlement Agreement dated April 23, ]999. This Settlement Agreement
represents the entire agreement of the Parties and shall not be modified except by a
writing signed by all of the Parties.
15. The terms of this Settlement Agreement may be modified ifmutually agreed upon, in
writing, by the Parties.
16. This Settlement Agreement may be signed in counterparts, and the signature
counterparts of the Parties or their authorized representative shall be treated the same
as if said Settlement Agreement had been signed by all Parties or their authorized
representatives. A facsimile signature shall be deemed the equivalent of an original
signature of a Party or its authorized representative.
17. Notices shall be sent via Certified Mail, Hand Delivery or Federal Express as
follows:
Jorge Gonzalez
City Manager
1700 Convention Center Drive, Fourth Floor
Miami Beach, Florida 33139
Murray Dubbin, Esq.
City Attorney
Office of the City Attorney
1700 Convention Center Drive, Fourth Floor
Miami Beach, Florida 33139
Santiago D. Echemendia, P.A.
Tew Cardenas Rebak Kellogg Lehman DeMaria & Tague
Miami Center, 26th Floor
201 S. Biscayne Boulevard
Miami, Florida 33131-4336
Telephone No.: (305) 536-1112
Gabriela Contreras
Ritz Plaza Hotel
170 I Collins Avenue
Miami Beach, Florida 33139
4
18. This Settlement Agreement is executed by the Parties as of the date stated at the end
of the Settlement Agreement.
fE1lR~Ri^,/r,
DATED THIS L DAY OF OCTyaER,12,Y<'0 2.00 I
By:
RPH HOTEL ASSOCIATES, LLC,
a Delaware limited liability company,
successor by merger to Ritz Plaza Hotel
Corporation
CITY OF MIAMI BEACH
Neisen Kas in, Mayor
By: W Miami Beach Holdings LLC, a
a Delaware limited liability company,
its Managing Member
By:
By:
ATTEST:
~O pcu-~
Robert Parcher
City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
~Ti
City Attorney
'1 - 2.-0(
Date
5
ACKNOWLEDGMENT
STATE OF NEW YORK )
) ss:
COUNTY OF WESTCHESTER )
The foregoing instrument was acknowledged before me this 3.1 ~ day of October, 2000, by
Steven R. Goldman, Executive Vice President ofStarwood Hotels & Resorts Worldwide, Inc., as
Sole Member ofW Miami Beach Holdings LLC, as Managing Member ofRPH Hotel Associates,
LLC. He personally appeared before me and is personally known to me.
NOffff!irc-
Name: II S(olTK'clVyoA/
.
[NOTARIAL SEAL]
My Commission Expires:
,,---H. scarr KENYON
-., Public. State of New'lllrll
No.01KE6016238
Ouellfied in Roddlnd Cou!'IY . I . f'-r'
Certllicote Filed in New York Coutl!ll...~ """,t.t..egt", ...........'1
Commlllion ExpjresAugUIt 8, )88 2"0 I )
6
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: August 8, 2000
.IN RE: The Application for a Certificate of Appropriateness for a new
front entry court and landscape plan, as required by the Final Order
for the project.
PROPERTY: 1701 Collins Avenue
LEGAL: Lots 1, 2, 19 & 20; the 30 Foot Unnamed Street Adjacent to and
Contiguous with the Easterly Line of Lots 1 & 2; and that Area
Lying Easterly of the 30 Foot unnamed Street Adjacent to and
Contiguous with the Easterly Line of Lots 1 & 2, Block 28, Fishers
First Subdivision of Alton Road, Recorded in Plat Book 2, Page 77,
of the Public Records of Miami-Dade County, Florida.
FILE NO: 1114 (Inclusive of Former DRB File No. 11464J)
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_--C,' The applicant, Ritz Plaza Corporation, -fifeCf 'an 'application with the City 6fMilimi
_::--c-;,=:Beach's Planning Department for a C~if!ya-t~_of Appropriateness.'___'-.-:_____
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The City of Miami Beach's Historic Preservation Board makes the following FINDINGS
OF FACT, based upon the evidence, information, testimony and materials presented
at the public hearing and which is part of the record for this matter:
A. The proposed project is located in the Ocean Drive/Collins Avenue Local Historic
District of the City of Miami Beach and the subject structure on the site is
designated "contributing" on the Miami Beach Historic Properties Database.
B. Condition 3 of the August 18, 1999 Final Order of the Joint Design
Review/Historic Preservation Board pertaining to this matter and the project
shall be eliminated and the following additional conditions shall be imposed to
address previously delineated inconsistencies with the Certificate of
Appropriateness Criteria of the Miami Beach Code:
1 . The proposed landscape plan and front court plan, as well as the design
and details of all exterior decking, shall be consistent with that version
shown on Exhibit "A" submitted at the August 8. 2000 meeting; at a
minimum. said plan shall also incorporate the following:
4-
Page 2
Meeting Date: August 8, 2000
Property: 1701 Collins Avenue
HPB File No. 1114 (Inclusive of Former ORB File No. 11464J)
a. The front wall along Collins Avenue shall be redesigned to replicate
the front wall on the historic microfilm, subject to the review and
approval of staff.
b. 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.
c. The existing front and side railings on the existing raised terrace
shall be retained and preserved and may not be removed. The
applicant may remove a section of the existing terrace railing in
order to provide accessibility, subject to the review and approval
of staff.
d. All existing original historic "Ritz plaza" signs, throughout the
structure:toShaf!.~"tained, preservedcand1'sstored;-aH' ~rr,$~""'o.;,:!,,,,_
located on the parapet and tower shall be retained in theirorigin'al :,;'
location.
e. If a ramping system is required by code for the proposed "tiered"
front yard terrace, it shall be required to come back before the
Historic Preservation Board for final review and approval.
f. All proposed exterior pavers shall consist of cut keystone.
g. The applicant may remove and relocate existing landscaping from
the front of the property to the rear; all the clear trunks of the new
Royal Palms in the front yard shall be 25' OA.
2. The consolidated Final Order shall be recorded in the public records of
Miami-Dade County, QdQr to the issuance of any building permit.
C. Based on the original Order issued August 18, 1999 and the conditions stated
therein (which Order is incorporated herein). and the finding contained in
paragraph B above, relating to the Final Order issued for the August 18, 1999
meeting, the project would be consistent with the Certificate of Appropriateness
Criteria in Section 118-564(a) and the Certificate of Appropriateness for
Demolition Evaluation Criteria in Section 118-564(f)(4), of the Miami Beach
Code. if the following consolidated conditions are met (which conditions are a
consolidation of the conditions of the August 18, 1999 Order and the
conditions contained herein):
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Page 3
Meeting Date: August 8, 2000
Property: 1701 Collins Avenue
HPB File No. 1114 (Inclusive of Former ORB File No. 11464J)
1 . A certified structural report shall be required from a licensed professional
engineer, evaluating the structural condition of the existing building and
certifying that the demolition of any portion of the existing site or
existing structures will not result in any destabilization or collapse of any
other portion of the existing building, as well as specifying in plan,
elevation and in writing, any physical measures, such as temporary
bracing or shoring, or permanent structural changes as may be necessary
or required to ensure the structural stability and integrity of the existing
building.
2. Revised elevation and site plan drawings shall be submitted to and
approved by staff; at a minimum, said drawings shall incorporate the
following:
a.
The ~.ates to the,;subtemrneanparking level shall.be:,eqlJired to
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pivot, and the details ana design of said fixtures shall be subject
to the review and approval of staff.
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3.
The proposed landscape plan and front court plan, as well as the design
and details of all exterior decking, shall be consistent with that version
shown on Exhibit" A" submitted at the August 8, 2000 meeting; at a
minimum, said plan shall also incorporate the following:
a. The front wall along Collins Avenue shall be redesigned to replicate
the front wall on the historic microfilm, subject to the review and
approval of staff.
b. 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.
c. The existing front and side railings on the existing raised terrace
shall be retained and preserved and may not be removed. The
applicant may remove a section of the existing terrace railing in
order to provide accessibility, subject to the review and approval
of staff.
d. All existing original historic "Ritz plaza" signs, throughout the
~
Page 4
Meeting Date: August 8, 2000
Property: 1701 Collins Avenue
HPB File No. 1114 (Inclusive of Former ORB File No. 11464J)
structure, shall be retained, preserved and restored.
e. If a ramping system is required by code for the proposed "tiered"
front yard terrace, it shall be required to come back before the
Historic Preservation Board for final review and approval.
f. All proposed exterior pavers shall consist of cut keystone.
g. The applicant may remove and relocate existing landscaping from
the front of the property to the rear; all the clear trunks of the new
Royal Palms in the front yard shall be 25' OA.
4. All building signage shall be consistent in type, composed of flush
mounted, non-plastic individual letters and shall require a separate permit.
5.
The final exterior surf-N'>jor scheme, includil)g.CQI9.L$AfDpI-l~$~$,h~~~..,;' ...._
subject to the review and approvaL of staff and shall require a separate
permit.
6. The applicant shall make application to the Board of Adju$tment for any
and all variances required within 60 days of this approval. Approval of
said variances are required prior to the issuance of a Building Permit for
the project, If the variances are not granted, then this approval shall
become null and void.
7. A traffic mitigation plan, which addresses all roadway Level of Service
(LOS) deficiencies relative to the concurrency requirements of Chapter
122 of the Zoning Ordinance, shall be required and the final building
plans shall meet all other Zoning Ordinance requirements. Said traffic
mitigation plan shall be prepared by the applicant, submitted to and
approved by the Planning and Zoning Director, reported to the City
Commission and shall be executed by the parties referenced therein, J2[iQr
to the issuance of a Building Permit. Any building permit obtained for
work contemplated herein shall be contingent upon the terms and
provisions for effectuating the proposed traffic mitigation plan and the
documentation and acceptance of a corresponding mitigation agreement,
as applicable, which shall be the applicant's responsibility.
8. Manufacturers drawings and Dade County product approval numbers for
/1
Page 5
Meeting Date: August 8, 2000
Property: 1701 Collins Avenue
HPB File No, 1 1 14 (Inclusive of Former ORB File No. 1 1464J)
all new windows, doors and glass shall be required, miQr to the issuance
of a building permit.
9. 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.
10. Revised drawings, with corresponding color photographs, that are
separate from the construction drawings and which clearly document the
existing conditions of the subject building, shall be submitted. Said
drawings and photographs shall include all four elevations and interior
floor plans of said building, as well as a site plan.
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1 1 . An historic analysis of the existing structure, inclusive of a photographic
and written description of the history and evolution of the original
buildin9 on site. shalt I;tEt$U~d: to and approved by staff ,miQr to the
issuance of a Building Permit; said historic analysis shall be displayed
prominently within the public area of the structure, in a location to be
determined by staff.
12. All new and altered elements, spaces and areas shall meet the
requirements of the Florida Accessibility Code (FAC).
13. 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.
14. This Consolidated Final Order shall be recorded in the Public Records of
Miami-Dade County, miQr to the issuance of a Building Permit.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence,
information, testimony and materials presented at the August 18, 1999 and August
8, 2000 meetings, which is part of the record for this matter and the staff reports and
analysis from the August 18, 1999 and August 8, 2000 meetings, which are adopted
herein, including the staff recommendations which were amended by the Board, that
the Application for a Certificate of Appropriateness is granted for the above-referenced
project subject to those certain consolidated conditions specified in paragraph C of the
/J-
Page 6
Meeting Date: August 8, 2000
Property: 1701 Collins Avenue
HPB File No. 1114 (Inclusive of Former ORB File No. 11464J)
Findings of Fact hereof (conditions #1-14, inclusive). to which the applicant has
agreed.
This Final Order consolidates all conditions and requirements for Certificate of
Appropriateness approval as same are contained herein and in the original Order of
August 18, 1999, as amended. Accordingly, this Order shall serve as the Final Order
for the project and, in the event of conflict between the provisions hereof and those
of the August 18, 1999 Order, the provisions hereof shall control. In the event a Full
Building Permit is not obtained within one (1) year of the rendering of the August 18,
1999 approval, the construction does not commence and continue in accordance with
the requirements of the applicable Building Code, or any other condition of this Order
is violated or remains unsatisfied, then the Certificate of Appropriateness for the
subject project shall become null and void.
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 reauesting a building oermit. three (31 sets of olans aoproved by the Board.
modified in accordance with the above conditions. as well as annotated floor olans
which c1earlv delineate the Floor Area Ratio (FAR) calculations for the proiect. shall be
submitted to the Planning Deoartment. 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 one (1) year of the rendering of the August 18, 1999 Final Order 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.
/1--
Page 7
Meeting Date: August 8, 2000
Property: '70' Collins Avenue
HPB File No. ", 4 (Inclusive of Former ORB File No. "464J)
. Dated this --z..,<9 day of ~, 20~
HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI EACH, FLORIDA
BY:
HERB SO
CHAIR
Approved As To Form:
Legal Department: .bj_~J.(~L... ('l/n/"MCO )
Filed with the Clerk of the Historic Preservation Board on ~I :; '::/0 ~ (.j---
,
This document is the Final Order for HPB File No. , 114, which must be recorded in the
Public Records of Miami-Dade County, mi2r to the issuance of a Building Permit.
BY:
THOMAS R. MOONEY, A P
Design and Preservation Manager
STATE OF FLORIDA I
ISS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this .Jo 771 day of
;f-v c- usT 20cJJ by Thomas R. Mooney, Design and Preservation
Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal
Corporation, on behalf of the Corporation. He is perwn;tlly known !O me.
OfFlClALNOfAAYSEAL (' ) / 1/ ~..,.c
CHARLES A TAFT \. _ _ '\..-<"1 /f . ,/"':;/
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... COMMISSION NO. CC832790 A
MY COMMISSION EX? MAY 29.2003 Miami-Dade County, Florida
My commission expires:
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ESIGN REVfEW IHlsTORIC PRESERVATION BOAR
City ofMiariJi Beach. Florida
M ETPNG DATE:
August 18. 1999
IN-RE:
The Application for .a. Cer.tifi~te of Appropriate
Review Approval. for the partial demolition
renovation of en "existing' hotel. in conju
construction cif a new seven (7) story tower at t
of the property. .
ess and Design
alteration and
1:ion with the
rear (east side)
P OPERTY:
1701 Collins Avenue
FJ E NO:
11464J
I Q"11'O E R
T e applicant. Ritz Plaza Corparatioil;.:' fiied' an application with t
a ach's Pianninh Department far a 'Certlficate. of Appropriateness a'
& prova/.
e City of Miami
Design Review
e City of Mi flli Beach's Design Review/Historic Preservation
f; llowing .FINDI GS OF FACT. based ~pn the evidence. informati
.aterials prested at the public hecUing and which is part of t
~~ 1. .'
. The proposed project is loc;ated i!,\th:e,Ocean Drive/Collins Av
ana Natiboal Register Distl)ctS';of the City of Miami Beac
structurJ on the. site is designated "contributing" on the Mi
PropertiJs Database.
oard makes the
. testimony and
record for this
ue Local Historic
and the subject
i Beach Historic
ation, testimony
set forth in the
is not consistent
ction 118-251 of
Appropriateness
Code. and does
ehabilitation and
m time to time.
Based 0 the plans and docume'nts 6ubmitted with the app
and info mation provided by tReappth;:ant, and the reaso
Planning' Department Staff Heport,. the project 85 submitte
with the D'esign Review Criteria"N.os. 3, 4, 10, 11 & 14 in S
the Mi]ai Beach Code, isnot.cQnsis.tent with Certificate
Criteria Nos, 3 in Section 11a~5a4Ib} of the Miami Bea
comply with the Secretary ~flntefior's Standards for
Guidelis for Rehabilitatin9 HI~toric.Buildings as revised fr
The project would be consistent with the afore-stated criter and requirements
if the fjlloWio9 conditions are met:
1 . PI certified structural report shell be required from a Ii nsed professional
ar9;neer, evaluating the structural condition of the e isting building and
EXHIBIT
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cert fying that the demolition of any portian of the
exi,s ing strl,lctures wUl not (e.sult in any destabilization
oth r portion of the_ Etxisti,ng building, as well as sp
ele, non and in writing, iit:Jy physical measures, su
br' Ing or shoring. or perrtilifleot structural changes as
or r quired to ensure,the s~ucturat stability and integri
buil ing.
xisting site or
collapse of any
cifying in plan,
as temporary
y be necessary
of the, existing
2.
Re, ised eleva~ion and sit~, 'pI'af\ drawings shall be s bmitted to and
ap · roved by staff; at a minimum,' said drawings sha incorporate the
following;
a.
The gates to, the sii~terran,ean parking level sh I be required to
pivot, and the detai~ !lna dgsign of said fixture shall be subject
to the review'andapprovai of staff. .
3.
4.
TnT proposed landsc.8l?-e Plai1and front court plan, as
and details of all exteriOr decking, shall be brought bac
Bof' d for final review ancfBPpr.ovaJ, J2(iQ! to the issu
Pe mit.. The'~w front.~;~taftshaU be restored, to t
am hlgl1est degree pO$s(ble, based upon all
dotumentationi this may include the reintroductio
balrtrade fence and fouEitain. .
Alii huilding signa~~ .sh~~~b.e consistent in type,. c posed of flush
mounted, non-plastiC rndlVldual teMers and shall reqUIre separate permit.
Thl final exterior surface .color ~heme, including color amp/es, shall be
s!l~ject to the review andjapproval of staff and shall quire a separate
per~lt.
r Ie applicant shall make applicatron to the Board of justment for any
a; all variances require&,within 60 days of this epp val. Approval of
sard variances are requirad prior to the issuance of a uilding Permit for
tr. project_ If the variances Eire not granted, then is approval shall
b Gome null and void.
A traffic mitigation plan, which addressas all roadw Level of Service
ILpSI deficiencies rslati.y{to the concurrency requir ents of Chaptar
122 of the Zoning Ordinance, shall ba reqUIred an the final building
plkns shall meet "II &thar Zoning Ordinance require nts. Said traffic
m tigation plan ahall beprepar~ by the applicant,. ubmitted to and
a proved by the Pfanning and Zoning Director, ra' rted to the City
ell as the design
before the Joint
ce of a Building
greatest extent
ailable historic
of the original
5.
6.
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13.
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Cori~sion arn:! shall be. e~7cuted ~y the parti~s ~eferen ~ ther~jn, w:iw:
toe Issuance of a BUltdln~-.permtt. Any bUilding pe It obtained for
work contemplatedh6rci'~;: shan be contingent upon the terms and
pro iSlons tor eJfectuatih9'iihe proposed traffic mitigat n plan and the
doc mentation andacceptai\ceof a corresponding mitig tion agreement,
as pplicable, whIch shall b'e the apj)ticant's responsibi
8.
Malpufactur.ers drawi.ngs and Dade County product appr
all new windows, do.ors and -glass. shall ba required, .
of 1 building ~rmit,
All roof-top fixtures, ajr-cOflditioning units and mecha
?6illearlY noted an a ~vi~d roof plan and shall be scr
In manner to be approved by staff.
Re ised drawings, Wfth _ corresponding color photo
s+ate from the constr'uctiQn drawings and which cle
exjft~ng com:~monsof t~: s.!JbJe~t building, shall be
dr'lwmgs and photogr-ap!:is shall Include all four elev
flor plans of said buildi6go; as well as a site plan.
A historic analysis of the :existing structure, inclusive -
an . written description C?f-. the. history and evoluti .
bi.J rcling on site, shail be s_lif>mitted to and approved by
iss . ance of a Building Permit; s.ald historic analysis
praminently within tlie pUblic area af the structure, i
determined by staff.
All new and altered e!.ements, spaces and area shall meet the
rerire~ents of the Florida .AccesSibility co~e WAC).
T~e project shell comply :Wlth any landscaping or ot
irrlprovement staooardseS may be prescribed by a rele
Mhster Plan approved Prior to the completion of t
is I vance of a Certificate of Occupancy,
val numbers for
to the issuance
9.
al devices shall
ned from view,
10.
raphs, that are
Iy document the
ubmitted. Said
ons and interior
f a photographic
of the original
taff. w:iw: to the
all be displayed
a location to be
r sidewalk/street
ant Urban Design
project and the
14. T is Final Order silall be 'recorded in the Public Reca 8 of Miami-Dade
C unty, I2Ci2r to tlW issuilI1ce of a Building Permit,
IS HEREBY ORDERED, base~: tJjJ~rlthe foregoing findings of
i ormation, testimony and mater.i31s. presented at the public heari
he record for his matter and the staff r6p<lrt and analysis, whic
neluding the taft recommendations which were amended by t
C1, the evidence,
, which is part of
is adopted herein,
e Board, that the
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Ap 1cation for a ertificate of Appropriat~lless and Design Review ap
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'for the above-referenced project subj~tto those certain conditi
i par graph C of tlf Findings of Fact hereof (conditions #1 -14, inclusiv
'a lie ant has agrred. , '
" ,No building permit may be issued unless ajld until ell conditions of app val as set forth
he ein have be3 met. The issuancil of ,a ;Certificate of Appropriate ess and Design
Re lew ap.proval does not relieve the applicant from obtaining a 'other required
M 'nicipal, :Coun y and/or State reviewi~ild permits, including zon 9 approval. If
ad quate hand; , pped access is notptov;ided, this approval does no ean that such
h ' dica-ppe,d accJss is not required or th~t::the B:oard supports an ap cant's effort to
sa k waivers ~eI1t;ng .t~ ~andi.cap~d .~,~eSSibtiitY requirements.
oval is granted
s specified in
l. to which the
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" .' " : ,'. ", "".: -If 8/( of ,the above-specifi
satisfactorily ad' rensed. ,the- plans :,^,mb'~r,eir.iewed for building permi
(2 sets will be r tUfnad to you fon.ubffiiSsion for a building permit a
be retained for t~e -Design Review B08fd~s .file. If the Full Building P
,wi h~n one 0 ) y~ar of the renditio~ ~f this ~~deralid constructi~n do
Wi In two (21 y['ars of. the nmdltltm- o-f-thls Order, and continue
co 'pletio~. the Design Review approval will.expire and become nu
o tod .hi, ;:J.. doy,'
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conditions are
approval. Two
one (1) set will
it is not issued
not commence
ligently through
and void.
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, 1999,
DESiGN REVlEWlHlSTORIC PRESE ATION BOARD
THE dry OF MI I SEA ,LO IDA
BY:
CI1AIR
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A proved As T
Lgal. Dep'artme
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led with the lark of the Design RfJview Board on ~ ~ 30~11
ti' d,o'm,o' i"h, Fin" O,d., 1m OnB FiI. N,. 11464J. whioh
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I ",p~ ')'i:'~' P"~ic RJd' of MI.ml-O,d, County, _ to tho '''"'00' of B~ldinB P"mO.
NNING DEP~TMENT
> OF MIAMI BEACH, FLORIDA.
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HISTORIC PRESERVATION BOARD
City of Miami Beach. Florida
MEETING DATE: August 8,2000
IN RE: - The Application for a Certificate of Appropriateness for revisions
to previously approved plans for the partial demolition, alteration
and renovation of an existing hotel, in conjunction with the
construction of a new seven (7) story tower at the rear (east side)
of the property, in order to remove the detached "folly" structures
and to substantially revise the exterior elevations
PROPERTY: 1701 Collins Avenue
LEGAL: Lots 1, 2, 19 & 20; the 30 Foot Unnamed Street Adjacent to and
Contiguous with the Easterly Line of Lots 1 & 2; and that Area
Lying Easterly of the 30 Foot unnamed Street Adjacent to and
Contiguous with the Easterly Line of Lots 1 & 2, Block 28, Fishers
First Subdivision of Alton Road, Recorded in Plat Book 2, Page 77,
of the Public Records of Miami-Dade County, Florida.
1114.
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The applicant, Ritz Plaza Corporation, filed an application with the City of Miami
Beach's Planning Department for a Certificate of Appropriateness for revisions to
previously approved plans.
The City of Miami Beach's Historic Preservation Board makes the following FINDINGS
OF FACT, based upon the evidence, information, testimony and materials presented
at the public hearing and which is part of the record for this matter:
A. The proposed project is located in the Ocean Drive/Collins Avenue Local Historic
District of the City of Miami Beach and the subject structure on the site is
designated "contributing" on 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 Criteria a, c,
d, & f in Section 118-564(a)(2) of the Miami Beach Code, is not consistent with
Certificate of Appropriateness Criteria in Section 118-564(a)(3) of the Miami
~!--
Page 2
Meeting Date: August 8, 2000
Property: 1701 Collins Avenue
HPB File No.1 1 14
Beach Code d, e, h & I and is not consistent with Certificate of Appropriateness
for Demolition Evaluation Criteria Nos. 2, 3, 5, 8 & 9 in Section 11 8-564(f)(4)
of the Miami Beach Code.
C. The project would be consistent with the above criteria and requirements if the
following conditions are met:
1 . A revised landscape plan shall be submitted which provides a significantly
more developed landscape area along the ENTIRE north side of the site.
2. The proposed north elevation of the 7-story addition shall require
additional design development, in a manner to be approved by staff.
3. The exterior surface color scheme for the proposed 7-story addition shall
be subject to the review and approval of staff.
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All awnings and si9ns.:~llb(Loj1pproved under.'se-parate 'p~t'I.lU;;.,t~~.!,?"",.~
propo'Sed awriTngsanas,~ins sharrnotbe permitted. - .",._-_.. -......
5. The front utilitystructtlfecShalt be further separated from the rearterrace" .
of the existing Ritz Plaza in a manner to be approved by staff.
6. The applicant shall relocate the garbage and trash rooms to the area
adjacent to the driveway entrance; alternatively, the garbage and trash
rooms may be incorporated into the chrome wall on the east side of the
site.
7. The tile shown on the east and west portions of the cabana shall not be
permitted and shall be replaced with smooth stucco, with the exception
of the west wall of the water feature.
8. The sliding glass doors on the south elevation shall incorporate a thick,
strong frame or be replaced with swing doors, in a manner to be
approved by staff.
9. The proposed glass balcony rails shall not be permitted; a revised balcony
railing design shall be submitted to and approved by staff. The eastern
portion of the proposed 7-story addition may incorporate glass railings.
/I-
Page 3
Meeting Date: August 8, 2000
Property: 1701 Collins Avenue
HPB File No. 1114
10. The rear garden wall adjacent to the pool and cabanas shall not be
permitted; a revised cabana fence, which is substantially open and which
allows for more visibility, may be permitted in a manner to be approved
by staff.
11. All proposed Black Olive trees shall be replaced with Palm Tree
specimens, in a manner to be approved by staff.
12. Physical or landscape screening of the designed openings along the south
(17th Street) elevations shall D.Q1 be permitted at QIrL time.
13. This Final Order shall be recorded in the public records of Miami-Dade
County, JlliQr to the issuance of any building permit.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence,
. information, testimony and_ material~ pr~~e~nted ,at th~,R!Jblic hearing,whtch. i'!Ce part
-oofthe record for this matter, and thesta!!:J.~.ort'af).<t'analysis, which rS'~doptea
. "~";:;herein~'including the staff 'recommendatiCinswl1ich 'wereamended by the Board, that
the Application for a Certificate of Appropriateness for revisions to the previously
~_.mappwved plans is granted for the above-ref-erenced project subject to those certain
conditions specified in paragraph C of the Findings of Fact hereof (conditions #1-13,
inclusive), 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 oermit. three 131 sets of olans aooroved bv the Board.
modified in accordance with the above conditions. as well as annotated floor olans
which clearlv delineate the Floor Area Ratio (FARI calculations for the proiect. shall be
submitted to the PlanninQ Deoartment. 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 one (1) year of the rendering of the August 18. 1999 Final Order and
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Page 4
Meeting Date: August 8, 2000
Property: 1701 Collins Avenue
HPB File No.1 114
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.
Dated this --w day of MinK ,2~D
HISTORIC PRESERVATION BOARD
THE CITY OF MIA E CH, FL
BY:
HERB SOSA
CHAIR
Approved As To Form:
Legal Department: .:;r-.."./../~>v>tP../ 8f7/7tJtJC))
Filed with the Clerk of the Historic Preservation Board on :rf :; (j 10'1 (../'
-c.."J'his document is the Final Order for HPB File No,'ll 1 4, which must be recorded in the
Public Records of Miami-Dade County, J2flQ.r to the issuance of a Building Permit.
,
PLANNING DEPARTMENT
CITY OF MIAMI BEACH, FLORIDA
BY: Idt / ~~
THOMAS R. MOONEY, A P
Design and Preservation Manager
)
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 50 T7I day of
/{-0 c:-.u 5'J 20 (to by Thomas R. Mooney, Design and Preservation
Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal
Corporation, on behalf of the Corporation. He is per~o9-aIlY know!} ;9' me.
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OFFICIAL NGrARYSEAL '.( I. .'
CHARLES A TAFT
NOTARY PtJllUC sr ATEOF FLORIDA
COMMISSION NO. CCll32790
YCOMMISSION EXP. MAY 29.2003
OTARY PUBLICI C#M'-O
iami-Dade County, Florida
y commission expires:
.A . T'>1Y'r
STATE OF FLORIDA
F:IPLANI$HPBIOOHPBIAUGHPBOOI1114.R.FO
HISTORIC PRESERVATION BOARD
City of Miami Beach. Florida
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MEETING DATE: August 18, 1999
IN RE:
The application for a Certificate of Appropriateness for Demolition
for the partial demolition and alteration of an existing hotel, in
conjunction with the construction of a new seven (7) story tower
at the rear (east side) of the property.
PROPERTY:
1701 Collins Avenue
HPB FILE NO:
1114
ORDER
The applicant, Ritz Plaza Corporation, filed an application with the City of Miami
Beach's Planning Department for a Certificate of Appropriateness for Demolition for
the partial demolition and alteration of an existing hotel, in conjunction with the
construction of a new seven (7) story tower at the rear (east side) of the property.
The City of Miami Beach's Historic Preservation Board makes the following FINDINGS
OF FACT:
A. The proposed project site is located in the Ocean Drive/Collins Avenue Local
Historic District in the City of Miami Beach. The subject structure on site is
designated "contributing" in the Miami Beach Historic Properties Database.
B. A decision by the Historic Preservation Board on an application for a Certificate
of Appropriateness for Demolition encompasses a review of the proposed
demolition for the subject structure, and proposed replacement project, for
consistency with the Evaluation Criteria stated in the Code of the City of Miami
Beach, Section 118-564 (f)(4). Based on the application, plans, photographs
and documents submitted, the staff report and analysis prepared by the
Planning Department, dated August 18, 1999, the proposed demolition, as
requested is not consistent with Evaluation Criteria Nos. 2, 3, 5, 7, 8 & 9.
C. Based on the findings contained in paragraphs A and B above, the demolition
of the subject structures would be consistent with the aforedescribed Evaluation
Criteria if the following conditions are met:
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The requested demolition of all features associated with the proposed landscape
plan and front court plan, shall be brought back before the Historic Preservation
Board for final review and approval, QI.i.Q.r to the issuance of a Building Permit.
The new front court plan shall be restored, to the greatest extent and highest
degree possible, based upon all available historic documentation; this may
include the reintroduction of the original balustrade fence and fountain.
2. Revised architectural drawings, including floor plans, elevations, building
sections, as well as details where necessary, shall be submitted for the review
and approval of staff; at a minimum, said drawings shall incorporate the
following:
a. Additional documentation of the existing and proposed conditions of the
east elevation of the main hotel structure and its elements associated
with the pool deck area, including floor plans, elevations, and details
where necessary, shall be submitted.
b. Additional information of the existing conditions of the existing one story
open cabana structure located at the northeast corner of the subject
property, including floor plans, elevations, and details where necessary,
as well as historical documentation (Le. microfilm of the original
architectural drawings, historic photographs, etc.) shall be submitted.
3.
The significant existing landscape elements on the site shall be
preserved/relocated and botanically enhanced to retain the special tropical
setting and character of the subject site.
4. All proposed new construction associated with this Certificate of
Appropriateness for Demolition on the subject site shall be consistent with the
Design Review Approval and a Certificate of Appropriateness approved by the
Joint Design Review/Historic Preservation Board (ORB File No. 11464J).
5. A permit for any demolition approved by the Historic Preservation Board on the
subject property shall not be issued by the Building Department until a building
oermit for the new construction (ORB File No. 11464Jl has been pulled.
6. A drawn plan and written procedure for the proposed demolition shall be
prepared and submitted by a registered architect or licensed professional
engineer in the State of Florida which fully ensures the protection of the public
safety as well as protection of all existing structures adjacent to the subject site
as well as the Collins Canal during the course of demolition.
7. The Certificate of Appropriateness for Demolition shall only remain in effect for
the period of time that there is an active Design Review Approval and Certificate
of Appropriateness for the associated neW construction (ORB File No. 11464J)
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on the subject property.
8.
This Final Order shall be recorded in the Public Records of Miami-Dade County,
mi2r to the issuance of a Building Permit.
9. An historic analysis of the Ritz Plaza Hotel, inclusive of a photographic and
written description of the history and evolution of the original building and site,
shall be submitted to and approved by staff, mi2r to the issuance of a
Demolition and Building Permit; said historic analysis shall be displayed
prominently within the public area of the structure, in a location to be
determined by staff.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence,
information, testimony and materials presented at the public hearing, which is part of
the record for this matter and the staff report and analysis, which is adopted herein,
including the staff recommendations which were amended by the Board, that the
Application for a Certificate of Appropriateness for Demolition is granted for the above-
referenced project, subject to those certain conditions specified in paragraph C of the
Findings of Fact hereof (conditions #1-9, inclusive). to which the applicant has agreed.
No demolition permit for Board approved work may be issued unless and until all
conditions of approval, as set forth herein, have been met. The issuance of a
Certificate of Appropriateness for Demolition does not relieve the applicant from
obtaining all other required Municipal, County and/or State reviews and permits,
including zoning approval. This Certificate of Appropriateness for Demolition shall only
remain valid and in full force and effect for the period of time that there is an active
Design Review Approval and Certificate of Appropriateness for the associated new
construction on the subject property (Design Review Board File #11464JI, and upon
expiration of such Design Review Approval and Certificate of Appropriateness, this
Certificate of Appropriateness for Demolition shall contemporaneously and
automatically expire.
When requesting a demolition permit, three (3) sets of plans approved by the Board,
modified in accordance with the above conditions, shall be submitted to the Planning
Department. If all of the above-specified conditions are satisfactorily addressed, the
plans will be reviewed for demolition permit approval. Two (2) sets will be returned
to you for submission for a demolition permit and one (1) set will be retained for the
Planning Department's file.
Dated this ') 1 day of ~(j!y?.JS-Y 1999.
HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI BEACH, FLORIDA
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BY:
ST ATE OF FLORIDA )
ISS
COUNTY OF MIAMI-DADE )
If << t.. is S--d S ,4 personally appeared before me and
subscribed as the person who has executed said instrument for the purposes therein
expressed and who is personally known to me.
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NorAl/ ~~Al/l'~ OTARY BLlC
co~~l.A:srAri~lami- ade County, Florida
N'YCOMM1SS~~~mBilH1d expires:
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Sworn and subscribed this :f is' r day of
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Approved As To Form:
Legal Department: ~y ,,"lVa..\
Filed with the Clerk of the Historic Preservation Board on 'f - 3 1- , ~ ~
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BEFORE THE BOARD OF ADJUSlMENT
OF THE CITY OF MIAMI BEACH, FLORIDA
MEETING DATE: FEBRUARY 4, 2000
FILE NO. 2720
IN RE:
The application of
RITZ PLAZA HOTEL CORPORATION
1701 COLLINS AVENUE
LOTS 1,2,19 AND 20; BLOCK 28
ALTON BEACH FIRST SUBDIVISION
PLAT BOOK 2 - PAGE 77
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ORDER
The applicant, Ritz Plaza Hotel Corporation, filed an application with the Planning
Department for variances in order to construct a seven (7) story, 79' - 2" high, 80
room, detached addition to an existing hotel with 68 parking spaces.
1. A variance to exceed by 29' - 2" the maximum permitted height of 50' - 0" in
order to construct a 79' - 2" high detached hotel addition in the rear of the
subject property.
2. A variance to exceed by two (2) stories, the five (5) story maximum for ground
floor additions to existing buildings on Oceanfront lots in order to construct a
seven (7) story addition in the rear of the subject property.
3. A variance to waive 29' - 0" of the minimum required 151' - 0" rear tower
setback in order to construct the above hotel addition with the tower portion
122' - 0" from the rear property line (Erosion Control Line - ECL).
Notice of the request for variance was given as required by law and mailed to owners
of property within a distance of 375 feet of the exterior limits of the property on which
application was made.
THE BOARD FINDS that the property in question is located in the RM.3 Zoning District.
THE BOARD FURTHER FINDS, based upon evidence, testimony, information and
documentation presented to the Board, and portions of the staff report and
recommendations, as applicable, which are incorporated herein by this reference, that
with regard to Variance Request Nos. 1 and 2:
That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures,
or buildings in the same zoning district;
EXHIBIT
Page 1 of 4
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File No. 2720
Ritz Plaza Hotel Corp.
1701 Collins Avenue
That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures,
or buildings in the same zoning district;
That the special conditions and circumstances do not result from the action of the
applicant;
That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, bUIldings, or structures in the
same zoning district;
That literal interpretation of the provisions of this Ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of this Ordinance and would work unnecessary and undue hardship
on the applicant;
That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
That the granting of the variance will be in harmony with the general intent and
purpose of this Ordinance and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
That the granting of this request is consistent with the comprehensive plan and does
not reduce the levels of service as set forth in the plan.
IT IS THEREFORE ORDERED, by the Board, that Variance Request Nos. 1 and 2, as
requested and set forth above be APPROVED with the following conditions to which
the applicant has agreed:
1 . The applicant shall comply with all the conditions imposed by the Joint Design
ReviewlHistoric Preservation Board.
2. The two hotel units that encroach into the rear tower setback (variance request
#3) may be eliminated or relocated to the western side of the new tower.
Design staff will determine whether the redesign of the tower can be approved
at a staff level or whether the new design must be sent beck to the Joint
Design ReviewlHistoric Preservation Board for approval.
3. The applicant shall resolve any outstanding City liens prior to obtaining a
Building Permit.
Page 2 of 4
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File
Ritz
1701
No. 2720
Plaza Hotel Corp.
Collins Avenue
4.
The required parking for the project shall either be provided on the subject
property or in a parking lot within 1200 feet of the property and connected to
the property by means of a Unity of Title or similar legal instrument acceptable
to the office of the City Attorney, or by the payment of a parking impact fee at
$15,000 per space, or some combination thereof.
5.
The applicant shall comply with any conditions that may be imposed by the
Public Works Department.
6.
The applicant shall obtain a building permit within 6 months of the date of this
approval and the project, inclusive of compliance with the conditions imposed,
herein, shall be completed within 30 months of the date of this approval.
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PROVIDED, the applicant shall build in accordance with the plans submitted as part of
this file and as approved by the Board of Adjustment with any applicable
modifications. The applicant shall have a building permit for the work contemplated
herein issued by the Building Department on or before August 4, 2000 (within six (6)
months of the date of this hearing), otherwise this Order shall become null and void,
unless the issuance of such permit is stayed by an appeal of this Order to a court of
competent jurisdiction. This Order does not constitute a building permit, but upon
presentation of a recorded copy of this Order to the Planning Department, a permit
shall be processed and approved (subject to compliance with the conditions hereof)
in accordance with and pursuant to the ordinances of the City of Miami Beach.
THE BOARD FURTHER FINDS that as to Variance Request No.3, the requirements and
criteria established by the Zoning Ordinance for issuance of a variance have not been
satisfied or fulfilled, and the literal enforcement of the Zoning Ordinance will not result
in unnecessary or undue hardship. IT IS THEREFORE ORDERED, by the Board, that
Variance Reauest No.3 as requested and set forth above, be DENIED.
By:
Board of Adjustment of
The Ci:r 01 Miom~ Ilo,;do
or e ez
I ning and Zoning Direct
Ity of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
Page 3 of 4
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File No. 2720
Ritz Plaza Hotel Corp.
1701 Collins Avenue
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this. I tf 171 day of
f \.'1I-V/tf!- r ' L~1l v , by Jorge Gomez, Planning and Zoning Director of the
City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the
oo"moHoo. H,;, ~'''O"o''y 'oowooo m'. c$J .,
Notary:
Print Name: elf. H ((0 ;I. 'i/l!-r-r
[NOTARIAL SEAL] Notary Public, State of Florida
My Commission Expires:
Commission Number:
Approved As To Form:
Legal Department ( j;ticU l.-I'(_:LOVO )
Filed with the Clerk of the Board of Adjustment on1~!:< 0 00 ( ;;L1 N
F:\PLAN\$ZBA \FINALORD\2720.0RD
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Page 4 of 4
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File No. 2720
Ritz Plaza Hotel Corp.
1701 Collins Avenue
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this. Ii 171 day of
f <1i-V/r-(J.. r , 'L~\l V , by Jorge Gomez, Planning and Zoning Director of the
City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the
'''P"'"';"O_ H.;, ~''""O"''Y ,"OW"," m._ ckIa,
Notary:
Print Name: elf H <. <.f"J ;1. '*1"-,
[NOTARIAL SEAL] Notary Public, State of Florida
My Commission Expires:
Commission Number:
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Approved As To Form:
Legal Department ( ~ t-I'f~'-O"O)
Filed with the Clerk of the Board of Adjustment on l' ~k 0 0 0 ( ~ N
F:\PLAN\$ZBA \FlNALORD\2720.0RD
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