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HomeMy WebLinkAboutCC 03-27-14 Fact SheetPZ.11 File ID: Title: Location: Appellant(s)/Applicant(s): Purpose: Planning and Zoning Department Recommendation: Historic and Environmental Preservation Board: City Commission: CITY COMMISSION FACT SHEET 14-00098 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY MDM DEVELOPMENT GROUP AND RETAIL, LTD. ("APPELLANT") AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DENIED AN ACTION PLAN FOR PRESERVING AND INTERPRETING ARCHAEOLOGICAL SITE ELEMENTS UNCOVERED WITHIN THE DUPONT ARCHAEOLOGICAL CONSERVATION AREA AT THE MET SQUARE DEVELOPMENT SITE LOCATED AT APPROXIMATELY 300 SOUTHEAST 3RD STREET, MIAMI, FLORIDA, WITHIN AN ARCHAEOLOGICAL CONSERVATION DISTRICT. Approximately 300 SE 3rd Street [Commissioner Marc David Sarnoff - District 2] Tony Recio, Esquire, on behalf of MDM Development Group and MDM Retail, LTD, Permittee 2525 Ponce De Leon Boulevard, Suite 700 Coral Gables, FL 33134 (305) 854-0800 The approval of this appeal will approve the Action Plan for Preserving and Interpreting Archaeological Site Elements Uncovered within the Dupont Archaeological Conservation Area at the Met Square Development Site. Pending mediation. 1) Denied the action plan on February 14, 2014 by a vote of 7-1. 2) Requested the applicant return to the board with a revised action plan for the development of the site that takes into consideration the full preservation, interpretation, and exhibition of the archaeological site elements uncovered within the Dupont Archaeological Conversation Area, on February 14, 2014 by a vote of 8-0. 3) Requested that staff prepare, at the earliest possible time, a preliminary report for the entire site designation of archaeological site elements uncovered within the site, on February 14, 2014 by a vote of 7-1. March 27, 2014 MITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A, MITCHELL J. BURNSTEIN, RA. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. PDPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHIEN, P.A, RICHARD JAY WEISS, RA. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT LILLIAN M. ARANGO GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARL4 ALAN K. FERTEL CHAD S.. FRIEDMAN ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G, GUEDES JOSEPH HERNANDEZ ROGER S. KOBERT JOSHUA D. KRUT MATTHEW H. MANDEL JOHN J. QUICK ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN MARC SOLOMON LAURA K. WENDELL. JAMES E. WHITE WEISS SEROTA HELFMAN PASTORIZA COLE & EONISIK-PE rt� �.�,1 �I ATTORNEYS AT LAW ?CANNING OE A PROFESSIONAL LIMITED LIABILITY COMPANY PART Ke POaDLARA RAOUELELEJABARRIETA* INCLUDING PROFESSIONAL ASSOCIATIONS M$AMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-854-0800 FACSIMILE 30S-854-2323 WWW. W S H-LAW. CO M 114 FEB 21 BROWARD OFFICE EDO EAST BRDWARO BOULEVARD • SUITE 1900 FORTLAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 VIA HAND DELIVERY Mr. Anel Rodriguez Hearing Boards City of Miami 444 SW 2' Avenue Miami, Florida 33130 •OF COUNSEL February 21, 2014 PM re INO LFifc P. HOCKMANviEL A. P KELLY RAINS JESSON KAREN LIEBERMAN* JUSTIN D. LUGER JOHANNA M. LUNDGREN MIA R, MARTIN ALEIDA MARTINEZ MOLINA* KATHRYN M. MEHAFFEY ROBERT A. MEYERS* MATTHEW PEARL MARC C. PUGLIESE• CARLOS M,RODRIGUEZ* GAIL D. SEROTA* ALISON F. SMITH" ANTHONY C. SOROKA EDUARDO M,SOTO PABLO A. TAMAYO JOANNA G. THOMSON PETER D. WALDMAN* ALICIA H. WELCH SAMUEL I. ZESKlND Re: Notice of Appeal of Decisions Relating to Met Square at the February 14, 2014 Special Meeting of the Historic and Environmental Preservation Board (the "HEP Board") Dear Mr. Rodriguez: MDM Retail, Ltd. ("Met Miami") submits this letter of intent and notice of appeal from the following decisions of the HEP Board at a February 14, 2014 special meeting: (1) the repudiation of the action plan presented by Met Miami; (2) the request for Met Miami to propose a plan fully preserving all features on the site; and (3) the direction that staff initiate the archaeological site designation process. This appeal is filed pursuant to Sections 23-6,2(e) and 23-4(c)(7) of the City's Code of Ordinances (the "Code"), The reasons and grounds for this appeal are: 1. The HEP Board Lacked Jurisdiction: Met Miami's proposal is consistent with the governing HEP Board resolutions and the May 21, 2013 Warrant (the "Warrant"). Mr. Anel Rodriguez February 21, 2014 Page 2 While the HEP Board retained jurisdiction to recommend other actions within 60 days of a notice of significant discovery, it failed to do so as required by Condition No. 2 of Resolution No. HEPB 2002-68 (the "Condition") and thus, acted at a time when its jurisdiction over such issues had expired. The HEP Board also exceeded its authority in rendering a decision that results in an unreasonable and undue economic hardship for Met Miami, as prohibited by Section 23-6.2(b)(4)b of the Code. Indeed, other than recognizing that Met Miami presented substantial, competent, credible, and undisputed evidence of economic hardship, the HEP Board failed to address at all how it could have jurisdiction in light of a sworn affidavit and live testimony establishing economic hardship under Section 23-6.2(h)(4) of the Code. Further, in attempting to act under the Condition, a provision ostensibly providing for review of significant findings but bereft of any standards for performing such review, the Condition was and continues to be an unconstitutional delegation of authority to the HEP Board, attempting to accord it powers far greater than the parameters of Chapter 23 of the Code provide, 3. The HEP Board Exceeded its Authority for Reviewing a Certificate to Dig in Archaeological Zones: The HEP Board's repudiation of the action plan and request for full preservation exceeded its authority under Section 23-6.2(h)(3) of the Code because it unreasonably restricts the primary, approved use of the property. 4. Due Process: The HEP Board, by its members making statements to the press pre judging the case prior to receiving submissions from either its staff or Met Miami or hearing the evidence in a quasi-judicial proceeding, by certain members refusing to read submissions that its staff directed Met Miami to send to them, by announcing a one -hour time limit for Met Miami to present its case at the beginning of the hearing and then artificially limiting Met Miami's presentation despite the fact that Met Miami had previously identified three witnesses that it needed to present in its ease, by failing to make any findings necessary to support its exercise of jurisdiction, by failing to tether its decision to the governing resolutions and Warrant or the ordinance's standards governing a certificate to dig, and by its general conduct before and during the February 14, 2014 hearing, violated Met Miami's due process rights. Moreover, the HEP Board's direction to initiate the archaeological designation process is a violation of due process akin to what is known in criminal law as "double jeopardy," because the site is already WEISS SEROTA HELFMAN PASTORIZA COLE 8c BoNIsKE, P.L. Mr. Anel Rodriguez February 21, 2014 Page 3 designed as an archaeological conservation area and thus already subject to the Certificate of Appropriateness requirement. The HEP Board apparently ignored the fact that it was reviewing the Condition of an existing Certificate of Appropriateness at the very meeting where it directed staff to initiate proceedings that would require a Certificate of Appropriateness for development. In other words, should the designation process be adopted, a new Certificate of Appropriateness would be reviewed anew by the same HEP Board that just reviewed the Condition, thus granting them a `second bite at the apple." 5. Violated Principles of Equitable Estoppel: The HEP Board was foreclosed from repudiating the action plan and requesting full preservation because Met Miami, in good faith over a period of more than ten years, relied upon the Board's resolutions limiting its authority to act to within 60 days of a notice of significant discovery, the Board's and its staffs approval of development plans and mitigation measures, and the Board's failure to act in response to notices of significant discovery. The City itself required Met Miami to make substantial expenditures: Met Miami not only developed an engineering plan pursuant to the Warrant requiring it to develop foundation plans, but also spent in excess of $3 million on archaeological expenses alone. Met Miami also relied in good faith on the Board's and its staffs actions in negotiating leases and letters of intent for the lease and sale of the property at Met Square and other properties. 6. Unlawful Taking Without Compensation: The HEP Board's actions were unlawful because they constituted an inordinate burden on Met Miami's property rights without compensation in violation of the Bert Harris Act, Fla. Stat. § 70.001, an uncompensated taking in violation of the Florida Constitution, Art. X, § 6, and an uncompensated taking in violation of the United States Constitution, Amend. V, U.S. Const. 7. Unsupported by Substantial Competent Evidence: The HEP Board's decisions were not supported by substantial competent evidence. 8. Frustration of the City's Policy Objectives: The development halted by the improvident actions of a Board with a singular objective, historic preservation, has frustrated other critically important City objectives, not the least of which is the development of a downtown core that will bring residents downtown where they will be able to live, work, shop and find entertainment without use of WEISS SEROTA HELFMAN PASToRIZA COLE & BONISKE, P.L. Mr. Anel Rodriguez February 21, 2014 Page 4 automobiles. This particular block was designed and approved by the City Commission to serve several elements of those public needs. 9. Failure to Establish a Factual Basis for Historic Preservation: The Board impermissibly assumed the fact that it was required to prove, that is, that a particular part of the site possessed undisturbed archeological features that, if preserved, would serve the interest of posterity. The evidence conclusively established that it is a seriously disturbed site, with evidence of occupation over hundreds of years that could not be distinguished from evidence of an ancient civilization. The evidence conclusively established that the claim that evidence has been uncovered of a previously unknown degree of complexity of a civilization of indigenous people is false. That claim was proved to be based on unsupportable supposition and is contrary to the undisputed physical and anecdotal evidence existing in the record. 10. Ignoring Undisputed Evidence and the Need to Present the Entire History of the Site as Met Miami's Mitigation Plan Does: It is an undisputed fact that on the subject property occupants over many periods of history engaged in activities central to the history of Miami and that the physical evidence of those occupations has been completely mixed such that one period cannot be distinguished from another by the "features" found in the bedrock (Miami oolitic limestone). It is also undisputed that to be consistent with the City's historic preservation ordinance, a mitigation plan must honor the entire rich history of this site, present all of the historically important events and all of the historically important evidence rather than present, through hopelessly muddied evidence, one period over another. The latter is what the Board has inappropriately undertaken to require. Met Miami's mitigation proposal appropriately honors each period of the history of this site. 11. Unconstitutional Condition as Applied: As applied by the Board to effectuate an uncompensated taking devoid of an essential nexus to the benefit of allowing development to occur and far beyond the bounds of rough proportionality to the impact of such development, the Condition itself, and the motion in favor of complete preservation is unconstitutional. In support of the appeal we will rely on the record of the proceedings and the permitting record, all of which is incorporated by reference. In addition, because the hearing before the Commission is de novo, we will submit additional evidence and argue additional grounds in WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Mr. Anel Rodriguez February 21, 2014 Page 5 support of this appeal that will be summarized in a memorandum in advance of the hearing and offered when the appeal is heard. In accordance with the requirements of Sections 23-6.2(e) of the Code, this written notice of appeal is filed within 15 days of the February 14, 2014 decision and is accompanied by the $525 appeal fee. We have ordered a certified list of owners within 500 feet and will supply that list, the labels, and the notice fee upon receiving them from the preparer. Given that delays in evaluating this matter have already imperiled Met Miami's ability to deliver the completed property on time to prospective Iessees and purchasers, please schedule this matter for City Commission agenda for the March 13, 2014 meeting. Thank you for your attention to this matter. Please call me if you have any questions. Very trul ours, Tony Recio TRIms 372010 cc: Francisco Garcia, Planning Director Megan McLaughlin, Preservation Officer Victoria Mendez, Esq., City Attorney Luis Pulenta Ian Swanson Gene Stearns, Esq. 143363425 v8 WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Tony Recio (First Name) (Middle) (Last Name) HOME ADDRESS: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. (Address Line 1) 2525 Ponce de Leon Blvd., Suite 700 (Address Line 2) CITY: Coral Gables STATE: Florida ZIP: 33134 HOME PHONE: (305) 854-0800 CELL PHONE: FAX: (305) 854-2323 EMAIL: trecio@wsh-law.com BUSSINESS or APPLICANT or ENTITY NAME MDM Retail, Ltd. BUSINESS ADDRESS: coo Tony Recio, 2525 Ponce de Leon Blvd., #700 (Address Line 1) Coral Gables, FL 33134 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Appeal of HEP Board decisions of February 14, 2014 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? []YES ® NO if your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3,4 & 5 and read and execute the Acknowledgement. Doc. Nn.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. N/A b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A 5. Describe what is being requested in exchange for the consideration. N/A ACKNOWLEDGEMENT OF I hereby acknowledge that it is unlawful to employ any device, scheme Ordinance 12918 and such circumvention shall be deemed a violation or civil penalties that may be imposed under the City Code, upon determination disclosure requirement was not fully and timely satisfied the following 1. the application or order, as applicable, shall be effect; and 2. no application from any person or entity for considered by the applicable board(s) until ex i nullification of the application or order. PERSON SUBMITTING DISCLOSURE: COMPLIANCE or artifice to circumvent the disclosure requirements of of the Ordinance; and that in addition to the criminal by the City Commission that the foregoing may occur: deemed void without further force or the same issue shall be reviewed or e a period of one year after the Signature Tony Recio Print Name Sworn to and subscribed befive me this dm3 oft:79-10\""-2-7 , 70 . The f oregoing instrument was acknowledged before me by , who has produced as identification and/or is personalty known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI 4-6` ve MARtILYNSOMODEVILIp MY COMMISSION ,r EXPIRES: ,,.NMAIZIMISSION # EE 116532 t EXPIRES:September 13, 2615 Apt s, 'F• TMIe y S.A. OF 0, �Ii am Enclosurc(s) Dcic'. No..R i543 Page 2 Miami Historic and Environmental Preservation Board File ID 14-00098 Resolution: HEPB-R-14-009 February 14, 2014 Item HEPB,1 Mr. Jorge Kuperman offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DENYING AN ACTION PLAN FOR PRESERVING AND INTERPRETING ARCHAEOLOGICAL SITE ELEMENTS UNCOVERED WITHIN THE DUPONT ARCHAEOLOGICAL CONSERVATION AREA AT THE MET SQUARE DEVELOPMENT SITE AT 300 SOUTHEAST 3RD STREET. Upon being seconded by Mr. Gerald C. Marston. the motion passed and was adopted by a vote of 7-1: Mr. Timothy Barber Absent Mr. David Freedman No Mr. Robert John Graboski Yes Mr. Gary Hecht Absent Mr. William E. Hopper, Jr. Yes Mr. Jorge Kuperman Yes Ms. Lynn B. Lewis Yes Mr. Gerald C. Marston Yes Mr. Hugh Ryan Yes Mr. Todd Tragash Yes Megan McLaughlin ?-P-reservation Officer STATE OF FLORIDA } COUNTY OF MIAMI-DADE j 2 �Z8/I'-1 Execution Date Personally appeared before me, the undersigned authority. Megan McLaughlin. Preservation Officer of the City of Miami, Florida, and acknowledges that she executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS;,4 DAY OF �-e b' tt " j 2014. - T Lti.J.1/49 Print Notary Name Notary Publib State of Florida Personally know } or Produced I.D. Type and number of I.D, produced Did take an oath or Did not take an oath r= My Commission Expires: MY COMMISSION SOSA N#EE105259 lid .*S EXPIRES: July 11, 2015 as ut ''�°�`' Bonded Thry Notary Public Underwriters Miami Historic and Environmental Preservation Board Resolution: HEPB-R-14-01 Q File ID 14-00098a February 14, 2014 Mr. Jorge Kuperman offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD REQUESTING THAT THE APPLICANT RETURN TO THE BOARD WITH A REVISED ACTION PLAN FOR THE DEVELOPMENT OF THE SITE THAT TAKES INTO CONSIDERATION THE FULL PRESERVATION, INTERPRETATION, AND EXHIBITION OF THE ARCHAEOLOGICAL SITE ELEMENTS UNCOVERED WITHIN THE DUPONT ARCHAEOLOGICAL CONSERVATION AREA AT THE MET SQUARE DEVELOPMENT SITE AT 300 SOUTHEAST 3RD STREET. Upon being seconded by Mr. Gerald C. Marston, the motion passed and was adopted by a vote of 8-0: Mr. Timothy Barber Absent Mr. David Freedman Yes Mr. Robert John Graboski Yes Mr. Gary Hecht Absent Mr. William E. Hopper, Jr. Yes Mr. Jorge Kuperman Yes Ms. Lynn B. Lewis Yes Mr. Gerald C. Marston Yes Mr. Hugh Ryan Yes Mr. Todd Tragash Yes ,Poregan_MtLaugh l f resehjatio ffice STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) -3 7V-1 Execution D to Personally appeared before me, the undersigned authority, Megan McLaughlin Preservation Officer of the City of Miami, Florida, and acknowledges that she executed the foregoing Resolution. , SWORN AND SUBSCRIBED BEFORE ME THIS fii DAY OF 6r-c-i'1 , 2014. Print Notary Name Personally know — or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath.y, Notary Public State of Florida My Commission Expires. VANESSA TRUJILt.0 MY COMMISSION IE EE 105250 EXPIRES: Jury 11, 2015 R,,,I • Banded Thns Notary Public Undenrilers i — O a N Miami Historic and Environmental Preservation Board Resolution: HEPB-R-14-011 File ID 14-00008b February 14, 2014 Mr. Jorge Kuperrnan offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD REQUESTING THAT STAFF PREPARE, AT THE EARLIEST POSSIBLE TIME, A PRELIMINARY REPORT FOR ENTIRE SITE DESIGNATION OF ARCHAEOLOGICAL SITE ELEMENTS UNCOVERED WITHIN THE DUPONT ARCHAEOLOGICAL CONSERVATION AREA AT THE MET SQUARE DEVELOPMENT SITE AT 300 SOUTHEAST 3RD STREET. Upon being seconded by Mr. Gerald C. Marston, the motion passed and was adopted by a vote of 7-1: Mr. Timothy Barber Mr. David Freedman Mr. Robert John Graboski Mr. Gary Hecht Mr. William E. Hopper, Jr. Mr. Jorge Kuperrnan Ms. Lynn B. Lewis Mr. Gerald C. Marston Mr. Hugh Ryan Mr. Todd Tragash Presen McLaughl rvation Office STATE OF FLORIDA COUNTY OF MIAMI-DADE ] Personally appeared before me, the undersigned authority, Megan McLaughlin, and acknowledges that she executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS! DAY OF rit;— V C: r '~_`- G 17"L.' j+ i Print Notary Name Personally know or Produced I.D. Type and number of ID, produced Did take an oath or Did not take an oath Absent Yes Yes Absent Yes Yes No Yes Yes Yes /H Execution D to Preservation Officer of the City of Miami, 2014. Florida, Notary ubltc State o lorida My Commission Expires: $, VANESSA TRUJILLO MY COMMISSION # EE 105250 EXPIRES: July 11, 2015 Bonded Thru Notary Public Underwriters Action Plan Met Miami February 6, 2014 Since 2000, before any destructive work was undertaken, Met Miami has funded and supported archeological studies to make certain that artifacts existing on the site were found, identified, catalogued and delivered to History Miami. The cost of this effort has so far exceeded $3 million. Thousands of artifacts were uncovered from this exhaustive exercise. From this undertaking, archeologists have been able to piece together important elements of the history of the peoples who occupied this land, preserving for generations to come the knowledge gleaned from good work funded by good citizenship. In the following pages we discuss the nature of what was done and advance a proposal to go forward which, we believe, appropriately balances public interests against the rights and needs of an owner of valuable private property. With respect to that part of our proposal to provide both a space for education and a fund for its presentation, we want to make clear that any presentation of the archeology be designed and presented by archeologists trained in such matters. What we present is but a place holder for their work and a place for that work to be seen. We are particularly sensitive to the need to utilize expertise to present archeological knowledge as part of our management plan. That we respect that knowledge should be obvious from the last thirteen years. The fact that people called to this effort should know what they are doing has been driven home to us most recently as we are presented unrealistic plans to redesign our building. The research we have funded has provided archeologists a wealth of knowledge that, in no small way, has helped to write the book about the civilizations and other occupants of this land. Having paid for the book, we are the last people who would want to tear up any of its pages. The Developer's plan to manage the archaeological site and findings consists of three parts: those archaeological activities that have been completed to date, the mitigation measures to be implemented in order to preserve findings, and the ultimate disposition of those findings. Completed Archaeological Activities: Metropolitan Miami's MDM Development Group began its collaboration with respected South Florida archeologist Robert Carr in 2000, the commitment being an orderly and comprehensive excavation, analysis, artifact preservation and cataloguing of all three city blocks, entirely funded by the developer. It was generally understood that items of significance would be found; after all, Tequesta Indians were known to have lived along both of the Miami River's banks, and Henry Flagler built the Royal Palm Hotel at the site. The order of exploration of the construction sites was: 1. Met 1 -- Piles of creosote -soaked timbers from the Royal Palm Hotel's marina were discovered and removed, along with the contaminated soil around them. Nothing of historical significance was found within the building's footprint; however, a nearby circular pattern of holes dug in the rock was detected, covered and protected for later exploration. 2. Met 3 -- The most significant items of the entire project were discovered within this building's footprint. There are a number of "solution holes," formed when whirling eddies of river water eroded the rock over time, centuries ago. The Tequestas used the holes as graves, depositing specific body parts (arms here, legs there and so forth) at assigned holes in what may have been an attempt to keep "returning spirits" from doing so "whole." Archeological work began at this location in 2005. The final report document, containing detailed mapping and artifact cataloguing, required two years to compile; it was published in December 2010. Skeletal remains of at least 288 individuals were found, and were analyzed for ages, sexes, causes of death, diet and other discernible facts. A freshwater well also was discovered at this location, which may have served Fort Dallas and which also contained human remains at its bottom. A gun shooting range, with many musket balls, also was discovered. The bones and burial stones were re -interred in consultation with, and in a manner approved by, the Seminole Tribe of Florida. 3. Met 2 -- More solution holes were found, but there were no skeletal remains found in them. No items of historical importance were discovered. 4. Met Square -- Excavation at Met Square started in November 2012 and, according to Mr. Carr at that time, was expected to finish in March 2013. The circle of holes first discovered during the exploration of the Met 1 site was fully exposed and named the "Royal Palm Circle." In addition to that circle, several concrete steps from the Royal Palm Hotel and foundation plinths that supported its veranda had been discovered at the time the City of Miami issued its 2013 warrant approval to MDM Development Group for the construction of Met Square. The warrant acknowledged MDM's agreement to recover and relocate the Royal Palm Circle and the hotel steps and plinths into a public plaza, for ground -level public access and viewing, to be located between Met Square and Met 1, as well as the ongoing donation of thousands of recovered artifacts to History Miami. Since then, seven additional, smaller circles of holes in the rock, as well as linear configurations of holes, have been discovered. The overall cost of archeological exploration, cataloguing and analysis, as well as the committed relocation of countless items of historical importance, now exceeds $3 million. The majority of the site has been laser -scanned and mapped by Biscayne Engineering using state-of-the-art equipment to create three-dimensional mapping imagery that can by fully manipulated to study any portion of the post holes down to minute detail. Additional Mitigation to Preserve Findings: Final excavations to reveal the only portion of the site landward of the historic shoreline that had not been previously documented are underway. Once fully excavated and documented, that portion of the site will be laser -scanned by Biscayne Engineering to complete the site mapping. Following test pile program completion, the entire area landward of the historic shoreline will be re - excavated with all post holes marked by PVC pipe sections so that aerial photographs and final laser scanning can be completed. All artifacts collected from the site will be studied off -site by Mr. Carr and catalogued. Once study is completed, Mr. Carr will present a final report detailing all findings and the methods employed, with specific reference to all recovered specimens. During construction activities that follow final site excavation, Mr. Carr will continue monitoring foundation construction activities in the unlikely event that such activities result in previously undocumented discoveries. Disposition: The drainage issues associated with the elevation of the post holes approximately four feet below street level and approximately two feet above existing tidal levels, together with the fact that the post holes are in Miami limestone complicates and likely will make impossible any in situ preservation efforts other than reburial. Exposed to atmospheric conditions, the Miami limestone will erode in a relatively short period of time. As demonstrated by the Miami Circle, while the proper way to protect this type of artifact is to cover it with fill, covered formations have no interpretative value and add nothing to public knowledge. Thus, what has been obtained is knowledge , what can be removed has been removed and, the postholes that remain can only be preserved by making them invisible. Met Miami has developed its plans to set aside a plaza to serve as a pleasant, wonderful place for the public to learn about the peoples who once occupied this site. In that plaza Met Miami proposes to relocate three large scale findings. This would function in large part as an open-air museum with interpretative exhibits: the Royal Palm Circle, the Royal Palm hotel steps, and the Royal Palm veranda piers. We believe it may be necessary to display the Royal Palm Circle itself under semi -transparent material to allow for viewing while offering protection. The plaza's interpretative exhibits would depict site findings, describing the historical significance of the site over different eras and the current understanding of the way of life of the original Tequesta inhabitants. The three-dimensional mapping survey will be used to create pictorial representations of the excavated site and projections of the potential appearance of the fully constructed Tequesta settlement site. All exhibits will be carefully curated in consultation with Mr. Carr and the City's Preservation Office. The entire plaza and its exhibits will be maintained at the Developer's expense. Following cataloguing, all movable artifacts recovered from the site that are not used as part of the interpretive exhibits within Met Square or the plaza will be donated to the History Miami. Additionally, soft -copy versions of the three dimensional mapping surveys of the site will be donated to universities within the State of Florida that request it for further study. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD STAFF REPORT NAME DuPont Archeological Conservation Area (Met Square Development Site) ADDRESS 300 SE 3 Street PROJECT DESCRIPTION Review of an Action Plan for preserving and interpreting significant archaeological features uncovered at the Met Square development site. ANALYSIS The developer of Met Square, MDM, has submitted an Action Plan to the Historic and Environmental Preservation Board (HEPB) in accordance with Resolution HEPB-2002-68 and City Commission Resolution 02- 1249. Resolutions HEPB-2002-68 and 02-1249 require that significant archaeological discoveries at the Met Miami development sites be reported to the HEPB and Action Plans be considered and voted upon. In the fall of 2013, a significant discovery at Met Square was reported to the City of Miami Preservation Office. The discovery included a complex pattern of postholes representing the foundations of a Tequesta settlement at the mouth of the Miami River. The pattern includes numerous circular features and dozens of linear alignments connecting those features, likely representing the foundations of circular huts and connecting pathways or defensive walls. This discovery, in conjunction with the discovery of a Seminole War — era well and the foundations of Henry Flagler's Royal Palm Hotel have led many to call this site the "Birthplace of Miami." Since that time, the City of Miami has worked closely with the Florida Division of Historical Resources, the Miami -Dade County Preservation Office, the developer, and the project archaeologist to evaluate the significance of the site and to explore possibilities for preservation of the significant archaeological features on the site. As a result of this collaborative process, a Case Studies document was produced and is included as background information for the HEPB. The Action Plan proposes the following: • Full excavation and exposure of all areas east of the pre -historic shoreline at one time to allow for documentation, aerial photography, and laser scanning • Study and cataloguing of all artifacts collected from the site • Completion of a final report detailing all findings and the methods employed, with specific reference to all recovered specimens. • Archaeological monitoring of all construction activities in the unlikely event that such activities result in previously undocumented discoveries. • Relocation of the Royal Palm Circle, the Royal Palm hotel steps, and the Royal Palm veranda piers into a dedicated plaza along the east side of the building. • Incorporation of interpretative exhibits into the dedicated plaza that depict site findings, describing the historical significance of the site over different eras and the current understanding of the way of life of the original Tequesta inhabitants February 14, 2014 Page 1 of 2 RECOMMENDATION • Donation of all movable artifacts recovered from the site that are not used as part of the interpretive exhibits within Met Square or the plaza to History Miami. • Donation of soft -copy versions of the three dimensional mapping surveys of the site to universities within the State of Florida The Action Plan proposes archaeological mitigation and preservation measures that are already required by Warrant 13-0013, issued in April 2013 approving a minor modification to the Major Use Special Permit for the project. In light of the significance of the findings at this site, which are eligible for local historic designation, National Register listing, and potentially eligible for National Landmark and UNESCO World Heritage listing, it is appropriate that additional efforts be made to preserve the archaeological features, above and beyond those already required by past development approvals. Previous development agreements made for this project support preservation of significant archaeological features: HEPB-2002-68 and City Commission Resolution 02-1249 require: In the event of an unanticipated discovery of a significant feature such as grave(s), structural foundations, or other unusual or unique features of historic or archaeological significance... it is the intent of the developer that such discoveries will be fully documented and preserved whenever possible. Warrant 13-0013 requires: All future significant archaeological discoveries on the slte, including but not limited to: human remains, post hole features, building foundations, or features associated with Fort Dallas, shall be fully documented and preserved to the greatest extent possible. The Preservation Office reiterates that the developer must comply with all archaeological requirements of previous development approvals from the City of Miami. Further, the Preservation Office recommends that the developer, in accordance with the intent of HEPB-2002-68, City Commission Resolution 02-1249, and Warrant 13-0013, further explore all possibilities to redesign of the current project to fully preserve the significant archaeological features that have been discovered on the site. February 14, 2014 Page 2 of 2 RICK SCOTT Governor VIVA Rum FLORIDA DEPARTMENT Of-STATE' Megan McLaughlin City of Miami Plannin and Zoning Department 444 SW 2nd Avenue 3` Floor Miami, FL 33130 Dear Ms. McLaughlin: KEN DETZNER Secretary of State February 7, 2014 I have reviewed the most recent case study material and the Archaeological Action Plan, and in my opinion the City of Miami and MDM have produced a thorough and very useful document, I think that the number of design, development, and preservation alternatives developed is impressive, and although it is clear that not all of them are feasible there are several compelling alternatives that should foster deliberate consideration. I believe that MDM's Archaeological Action Plan is appropriate. It would be remiss to ignore the considerable resources put forth by MDM to sponsor the archaeological research that has taken place at Met Miami over the last decade. In fact, the completeness of the archaeological excavation at Met is remarkable and unusual for most development projects in the United States. I believe that the commitment to the archaeology is due both to the significance of the site. and to the willingness of MDM and the City to recognize that significance and proceed accordingly. Both the City of Miami and MDM should already consider the research and documentation conducted up to this point a success, and the archaeology at Met Miami could serve as a good example of how developers and cities can collaborate productively when archaeological and historic sites may be damaged or destroyed by development activities. That said, most of the archaeological excavations at Met Miami are complete and the onus is now on the consultant, Bob Carr, to complete scholarly documentation and reporting of the site, and for the City and MDM to sponsor or make possible the reporting and publication of the results. There are certainly years of analysis and writing ahead, and it is important that the reporting be high quality and complete regardless of any current or future development. I am encouraged that MDM has included the production of a final report in its Archaeological Action Plan. Division of Historical Resources R.A. Gray Building • 500 South Bronough Street• Tallahassee, Florida 32399 850.245.6300 • 850.245.6436 (Fax) flheritage.com Promoting Florida's History and Culture VivaFlorida.org Ms. McLaughlin Page 2 2/7/2014 Assuming that the reporting and publication will take place, the current issue at hand is not one of documentation but one of preservation. It is not the role of the state to endorse any specific course of action, and Dr. Seinfeld and 1 do not have the statutory authority to do so. However, I feel that the case study document meets the guidelines that were established early in the consultation process, and that the alternatives appear to have been deliberately and thoroughly vetted. As long as MDM and the City continue good faith discussions, it should help the parties come to a resolution that, at the very least, takes in to account the effects of any potential development on the compelling features carved in to the limestone bedrock. Sincerely, Timothy A. Parsons, PhD., RPA Deputy State Historic Preservation Officer for Compliance and Review Met Square Archaeological Case Studies February 7, 2014 TABLE OF CONTENTS 1. Purpose 2. Background a. Archaeological and Historical Significance of Site b. Timeline of Archaeological Excavation c. Permitting and Archaeological Approvals d. Tenant Agreements 3. Case Study Narratives and Diagrams a. No Preservation b. Relocation c. Redesign d. Complete Preservation e. Public Bonus 4. Comparison Matrix 5. Appendices a. Florida Division of Historical Resources Letter of Technical Assistance b. HEPB-2002-68 Backup Documents c. HEPB-2004-48 Backup Documents d. Warrant 13-0013 Final Decision e. Tenant Lease Agreement Memo f. Currently Designed Floor Plans and Elevations of Met Square project g. Proposed Structural Piles Overlaid on Survey of Archaeological Features h. Comparable Archaeological Sites and Development Projects Page 1 of 39 2/7/14 PURPOSE In the fall of 2013, a significant archaeological discovery was made at 300 SE 3rd Avenue in Downtown Miami on the site of the planned Met Square development. The foundations of a Tequesta village were discovered intact, carved into the limestone bedrock along Miami's ancient shoreline. In response to this discovery, the City of Miami has worked closely with the Florida Division of Historical Resources, Miami -Dade County, the developer, MDM, and the project archaeologist, Archaeological and Historical Conservancy, Inc., to determine the most appropriate future for the site. The following exercise has been conducted by the City of Miami at the suggestion of the Florida Division of Historical Resources in their letter dated November 4, 2013, "Re: Request for Technical Assistance, Significant Archaeological Discovery in City of Miami," which stated: The City, in consultation with the landowner, developer, consultants, and advisors, should produce a case study that examines the feasibility and appropriateness of the following options: 1. Complete preservation of the site 2. Modification of development plans to allow for preservation and interpretation 3. Remove and appropriately relocate and interpret a portion of the site 4. Complete destruction of the site as the result of as -planned development The complete letter from the State of Florida can be found in Appendix A. This Case Study document is intended to provide background for stakeholders and for the Historic and Environmental Preservation Board (HEPB) when weighing the options available for the future of the Met Square site. Page 2 of 39 2/7/14 ARCHAEOLOGICAL AND HISTORICAL SIGNIFICANCE OF SITE The Met Square site is located on Miami's prehistoric shoreline, where the Miami River once met Biscayne Bay. This site has always been prime real estate in Miami. The first written accounts of Spanish explorers in South Florida note that a Tequesta village was located at the mouth of the Miami River and was one of the largest Native American settlements in South Florida, dating as far back at 2,000 years. During the Seminole War, Fort Dallas and military encampments were set up at this site for defensive purposes. In 1896, the year that Miami was incorporated and Henry Flagler brought the Florida East Coast Railroad to town, the Royal Palm Hotel, Miami's first mega -project, was constructed on this site, taking advantage of its striking views and cooling breezes. By a fluke of circumstance, the site has laid dormant for over eighty years as a parking lot; nothing has been built here since the Royal Palm Hotel was demolished in 1937. As a result, an unusual amount of features and artifacts associated with Miami's earliest settlements is preserved in place on this site. As part of archaeological excavations taking place on the site in preparation for new development, thousands of postholes have been discovered on the Met Square site, many of which are part of larger structural features, including at least six (and possibly eight or more) circular building foundations and many linear alignments possibly representing boardwalks or structures. These circular features and linear alignments likely represent the foundations of the Tequesta settlement documented by Spanish explorers, but dating back as far as 1,500 years before European contact. These posthole features may represent the earliest preserved urban plan in eastern North America. The site also contains significant historic components, specifically a well that provides evidence of the use of the parcel as part of Fort Dallas in the Second and Third Seminole Wars (1836-1858), and the foundations of the Royal Palm Hotel (1897-1930), Miami's first major resort destination. According to the State of Florida Division of Historical Resources, the discovery of an extensive, well- preserved set of archaeological features such as those at Met Square is highly unusual in the United States. The arrangements of postholes discovered at this site are far more extensive and complex than those found at the Miami Circle several years ago. At most archaeological sites, the resource itself is destroyed as soil is removed and artifacts are taken out of context for evaluation and interpretation. The Met Square site is an exception, because the postholes carved into the limestone are permanent evidence of prehistoric Native American architecture. Additionally, the brick -lined well from Fort Dallas and the stairs of the Royal Palm Hotel are tangible evidence of Miami's dynamic history. The discovery at Met Square is exceptional, and it tells the story of over 2,500 years of Florida history at a single location. Given the site's location and the archaeological materials collected from the site, it is not inappropriate to consider the area the birthplace of Miami. The remarkable design and orientation of the postholes carved into the bedrock limestone are unique in the United States, especially when placed into context with the nearby Miami Circle. The postholes likely relate to prehistoric architecture, ceremonial structures, a settlement, or all of the above. Indeed, the features at Met Square represent a pre -European contact urban planning project, and are a rare example of prehistoric engineering. The features and artifacts discovered at this site have the potential to significantly contribute to our understanding of South Florida's prehistory. Furthermore, the site contains the remnants of Fort Dallas, established in 1836 during the Seminole Wars, as well as components of Henry Flagler's historic Royal Palm Hotel. Page 3 of 39 2/7/14 The site meets the criteria for listing in the National Register of Historic Places due to the fact that it has yielded — and has the potential to yield more — information important in prehistory and history. The site may also be a candidate for designation as a National Historic Landmark, because it possesses exceptional value in illustrating and interpreting the history of the United States. Today, fewer than 2,500 historic places bear this national distinction. Finally, the site may qualify for listing as a UNESCO World Heritage Site for its cultural value. There are currently eight Cultural Properties on the World Heritage List in the United States. The oldest cultural site is Mesa Verde, which dates back to the 6th Century A.D. Other Cultural Properties in the United States include Mesa Verde National Park, Independence Hall, Cahokia Mounds State Historic Site, La Fortaleza and San Juan National Historic Site in Puerto Rico, Statue of Liberty, Chaco Culture, Monticello and the University of Virginia in Charlottesville, and Taos Pueblo. Background: Significance: Overall view of site with circle features and linear alignments Page 4 of 39 2/7/14 Linear feature Circle Feature Feature currently and er excavation Background: Significance: Illustration of the circular features and linear alignments discovered as of February 7, 2014. Page 5 of 39 2/7/14 Background: Significance: Foundations or the Royal Palm Hotel, located in dedicated right-of-way along SE 3 Street Page 6 of 39 2/7/14 Background: Significance: "Middle Circle" and linear alignments Background: Significance: View of site showing rocky outcroppings of the ancient shoreline of the Miami River where it met Biscayne Bay Page 7 of 39 2/7/14 Background: Significance: View of converging linear alignments Background: Significance: Post holes forming the "3rd Avenue Circle" showing a conch shell in situ. The Tequesta likely used sharpened conch shells to cut the post holes into the limestone. Page 8 of 39 2/7/14 PERMITTING AND ARCHAEOLOGICAL APPROVALS Development at the Met Square site is currently conducted in accordance with three major archaeological approvals, which include Resolution HEPB-2002-68, Resolution HEPB-2004-48, and Warrant 13-0013. City Commission Resolutions approving the Major Use Special Permits for this project have reiterated these archaeological requirements. City of Miami Preservation Ordinance The City of Miami Preservation Ordinance is intended, in part, to protect and enhance archaeological resources that "represent distinctive elements of the city's historic, cultural, archaeological, paleontological, aesthetic, and architectural heritage," as well as to "foster civic pride in the accomplishments of the past," and to "promote the use of historic resources...and archaeological sites for the education, pleasure, and welfare of the people of the city." HEPB-2002-68 In response to a substantial modification to Major Use Special Permit (MUSP) Application 2002-069, and in accordance with the Miami Comprehensive Neighborhood Plan, Chapter 23, and the Downtown Development of Regional Impact: Downtown Miami Archaeological Management Plan, a Special Certificate of Appropriateness for ground -disturbing activity at 200 SE 2 Street, 200 SE 3 Street, and 300 SE 3 Street was submitted to the HEPB in November 2002. The "Miami One Archaeological Management Plan" and the staff report is located at the back of the report in "Appendix B," and the resulting HEPB resolution is below. A RESOLUTION RECOMMENDING TO THE CITY COMMISSION APPROVAL OF AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS FOR GROUND -DISTURBING ACTIVITY IN CONJUNCTION WITH AN APPLICATION FOR A SUBSTANTIAL MODIFICATION TO A PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT (MUSP) FOR PARCELS B, C AND D OF THE ONE MIAMI PROJECT (APPLICATION NO. 2002-069), LOCATED AT APPROXIMATELY 200 SE 2ND STREET, 200 SE 3RD STREET AND 300 SE 3RD STREET, WITHIN THE DUPONT ARCHEOLOGICAL CONSERVATION AREA, SUBJECT TO THE CONDITION(S) SET FORTH IN ATTACHMENT "A"; AFTER CONSIDERING THE RECOMMENDATIONS OF THE MIAMI-DADE COUNTY ARCHEOLOGIST CONCERNING THE REQUIRED SCOPE OF ARCHEOLOGICAL WORK AND INCORPORATING SAID RECOMMENDATIONS INTO THE ATTACHED CONDITION(S) AND FINDING THAT THE IMPLEMENTATION OF THE CONDITIONS WILL PROVIDE FOR THE DOCUMENTATION, RECOVERY AND PRESERVATION OF ARCHEOLOGICAL DATA AND OBJECTS THAT MIGHT OCCUR WITHIN THE PROJECT AREA FOOTPRINT. 1. THE MIAMI ONE ARCHEOLOGICAL MANAGEMENT PLAN PROFFERED BY THE APPLICANT AND DETAILED IN A LETTER FROM ROBERT CARR TO SARAH EATON DATED OCTOBER 31, 2002, SHALL BE FOLLOWED AND INCORPORATED BY REFERENCE AS A CONDITION IN THE DEVELOPMENT ORDER OF THE MAJOR USE SPECIAL PERMIT. 2. THE MANAGEMENT PLAN REFERENCED ABOVE IS AMENDED BY THE FOLLOWING CONDITIONS PROFFERED BY THE DEVELOPER AND READ INTO THE RECORD AT THE 11/19/2002 HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD MEETING. IN THE EVENT OF A SIGNIFICANT DISCOVERY, SPECIFICALLY OF ANY FEATURE OR SITE THAT POTENTIALLY QUALIFIES FOR LISTING IN THE NATIONAL REGISTER OF HISTORIC PLACES, THE DEVELOPER AGREES TO STOP ALL CONSTRUCTION ACTIVITIES AT THAT LOCATION AND THE IMMEDIATE VICINITY OF THE DISCOVERY, AREA OF DISCOVERY BEING DEFINED BY THE PROJECT ARCHEOLOGIST AS BEING ANY AREA OF THE DISCOVERY SITE THAT COULD BE Page 9 of 39 2/7/14 ADVERSELY IMPACTED BY CONSTRUCTION ACTIVITIES. FURTHER, THE DEVELOPER AGREES TO CONTACT THE COUNTY ARCHEOLOGIST, RELEVANT AGENCIES, AND THE CITY OF MIAMI PRESERVATION OFFICER WITHIN 48 HOURS OF THE DAY OF A SIGNIFICANT DISCOVERY WITH WRITTEN NOTICE OF THAT DISCOVERY. THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD AGREES TO REVIEW ANY SIGNIFICANT DISCOVERY WITHIN 30 DAYS OF RECEIVING WRITTEN NOTICE FROM THE DEVELOPER, AND THE BOARD WILL BE EMPOWERED BY THE DEVELOPER TO REVIEW THE DISCOVERY AND CONSIDER ANY ACTION PLAN PRESENTED BY THE DEVELOPER THAT MAY INCLUDE PRESERVATION AND/OR MITIGATION OF THE DISCOVERY SITE, AND TO ACT UPON ANY NOTICE OF A SIGNIFICANT DISCOVERY WITHIN 60 DAYS OF WRITTEN NOTIFICATION BY THE DEVELOPER. 3. PROJECT ARCHEOLOGIST, ROBERT CARR, SHALL FURNISH MONTHLY REPORTS TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, OUTLINING THE ARCHAEOLOGICAL ASPECTS OF THE PROJECT AS THEY PROGRESS. RESOLUTION NO. 02-1249 The Miami One Archaeological Management Plan and resolution HEPB-2002-68 were incorporated into City Commission's approval of the substantial modification of the MUSP, RESOLUTION NO. 02-1249, through the following condition: 13. The Applicant shall comply with the "Miami One Archeological Management Plan" prepared by Robert S. Carr, dated October 29, 2002, and amended by Historic and Environmental Preservation Board Resolution No. HEPB 2002-68 on November 19, 2002. The Miami One Archeological Management Plan (attached as Exhibit "D") and HEPB resolution (attached as Exhibit "E") are incorporated herein by reference and are on file with the Planning and Zoning Department. HEPB-2004-48 In response to a substantial modification to Major Use Special Permit 2002-069, and in accordance with Resolution HEPB-2002-68 which required that significant discoveries be reported to the board and actions be considered, the "Metropolitan Miami Archaeological Action Plan" was submitted to the HEPB in June 2004. The Action Plan and staff report is located at the back of the report in "Appendix C," and the resulting HEPB resolution is below. A RESOLUTION OF THE CITY OF MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") APPROVING, SUBJECT TO THE FOLLOWING CONDITIONS, AN ARCHEOLOGICAL ACTION PLAN FOR PRESERVING AND INTERPRETING ARCHEOLOGICAL SITE ELEMENTS UNCOVERED AT METROPOLITAN ONE (ONE MIAMI), LOCATED AT APPROXIMATELY 200 SE 2ND STREET, 200 SE 3RD STREET AND 300 SE 3RD STREET, IN CONJUNCTION WITH A SUBSTANTIAL MODIFICATION TO THE MAJOR USE SPECIAL PERMIT AND AS A FOLLOW-UP TO THE CONDITIONS SET FORTH IN RESOLUTION HEPB-2002-68. 1. The human remains shall be reinterred. 2. The applicant shall work with staff and shall keep the Board abreast of any additional discoveries on the site. 3. The final plans for the interpretive elements of the project shall be brought back to the Board for approval. Page 10 of 39 2/7/14 WARRANT 13-0013 In response to a non -substantial modification to Major Use Special Permit 2002-069, archaeological conditions were placed on the issuance of Warrant 13-0013. The Final Decision for a non -substantial modification to the Major Use Special Permit is located at the back of the report in "Appendix D," and the archaeological conditions of approval are below: 5. All conditions of Resolution HEPB-2002-68 and HEPB-2004-48 shall be followed, in particular: a) The Miami One Archaeological Management Plan proffered by the applicant and detailed in a letter from Robert Carr of the Archaeological and Historical Conservancy dated October 31, 2002, shall be followed. From the Miami One Archaeological Management Plan: It is the intent of the developer that such discoveries will be fully documented and preserved whenever possible. A special area within the pedestrian plaza in Parcel 8 will be set aside as a public viewing space for the exhibition and preservation of any significant features. b) The project archaeologist, Robert Carr, shall furnish monthly reports to the Historic and Environmental Preservation Board, outlining the archaeological aspects of the project as they progress. c) The applicant shall provide a signed and sealed survey, completed by a licensed surveyor, of all significant archaeological structural features located on the site to date with a site plan of the proposed building footprint and proposed building pilings and structural elements overlaid on top. Significant archaeological structural features shall include, but are not limited to, the Royal Palm Circle, the Royal Palm Hotel foundations, the well attributed to Fort Dallas, and the second Circle discovered on the southwestern corner of the site in March 2013. This drawing shall be provided to the Preservation Office within 60 days of issuance of this Final Decision, and shall be updated quarterly as future discoveries are made. These quarterly updates shall be submitted with Robert Carr's monthly report for that month. d) All archaeological materials not remaining on site shall be fully documented, catalogued and transferred to HistoryMiami within one year of completion of field documentation, subject to the terms of the existing archaeological covenant. e) All salvaged portions of the Royal Palm Circle, the feature located at the northeast corner of the site, that are within private property and in the adjacent public right-of-way, to the extent possible and subject to concurrence, permission, and indemnification provided by the City, shall be removed from its existing location by a skilled rock mason prior to construction activities commencing on the site. The extracted pieces of the feature shall be labeled, catalogued, and carefully transported and held off site in a secure location during the duration of construction activities on the site. Prior to issuance of a Certificate of Occupancy for the building, the feature shall be reconstructed in the 60-foot wide public plaza in accordance with a covenant to be provided by applicant prior to issuance of the master building permit. The feature will be displayed and interpreted with signage for public education. The removal, storage, and relocation plan shall be subject to reasonable approval by the Preservation Office. As stated in a letter dated April 1, 2005 from Robert Carr to Sarah Eaton [Preservation Officer], "the circle feature will be cut out by a rock mason to be placed in a secure location" and in a letter dated May 19, 2005 from Robert Carr to Page 11 of 39 2/7/14 Sarah Eaton, "It is planned ... to attempt to cut out and relocate the circle, as its location falls outside and west of the plaza." f) To the greatest extent possible and subject to accessibility and other code requirements, the applicant shall re-create as faithfully as practicable the unearthed steps and veranda piers of the Royal Palm Hotel in locations to be determined in the plaza subject to the review of Preservation Office. Such re-creation shall include any suitable salvaged bricks from the excavation g) Full documentation of all portions of the Royal Palm Hotel foundations shall be completed as proposed in the Metropolitan Miami Archaeological Action Plan submitted by Robert Carr to the City of Miami Historic and Environmental Preservation Board and dated June 2004. This documentation shall be submitted to the Preservation Office within one year of completion of field documentation. This includes (as stated in the Action Plan): o Drawing of a scaled map of existing hotel foundations and features (HABS format) o Details photo documentation of the hotel remains o Narrated video of the hotel remains o An analysis and report of Royal Palm hotel construction features and artifacts (to be included as part of the final report) o Completion of a Florida Master Site File that will include a summary of history, physical description, location map, black and white photographs, and recommendations. o Space will be dedicated within the Met Square development that will include an exhibit of the Royal Palm Hotel and other discoveries at the site. h) All future significant archaeological discoveries on the site, including but not limited to: human remains, post hole features, building foundations, or features associated with Fort Dallas, shall be fully documented and preserved to the greatest extent possible. Notice of significant discovery shall be provided to the Preservation Office within 48 hours of discovery and will be presented at the following HEPB meeting as part of the monthly status report for the project. i) The applicant shall cooperate with the Preservation Office to provide notice of discovery within 48 hours, to fully document, and to provide for the appropriate disposition of any new findings that are not addressed in this approval, such as the circle discovered in the southwestern corner of the site in March 2013, and shall comply with the terms of resolution HEPB-2002-68 regarding significant discoveries. j) On or before issuance of a Master Building Permit, the applicant shall enter into a covenant setting forth the design of the plaza, location of archaeological findings to be exhibited within the plaza and/or other areas of Met Square, provisions for Preservation Office review of interpretative signage and elements, committing to construction and maintenance of said plaza, re -stating the above conditions that have not been completed, referencing and including a survey of findings to date, and providing for the appropriate disposition of any findings not accommodated in the plaza (e.g. donation to museum or institution). The terms of the covenant shall be reviewed by the Preservation Office prior to being recorded. Page 12 of 39 2/7/14 In accordance with the above agreement the Developer has, through a qualified stone mason, salvaged for safe keeping the required archaeological elements of the Royal Palm Hotel in accordance with item (f) above. The Developer has employed, and paid a $25,000 deposit to a qualified stone mason in preparation of the removal of the north east circle, known above under item (e) as the 'Royal Palm Circle'. In accordance with the requirements of the above Warrant, the Developer's architect, NBWW, produced (in September 2013) a plan and renderings for the Plaza to include the archaeological elements. Page 13 of 39 2/7/14 TENANT AGREEMENTS FOR MET SQUARE DEVELOPMENT The proposed development currently for the Met Square parcel has the following tenant and, sale and purchase agreements requirements: A. Podium. Approximately 233,000 gross sq.ft, and 120ft above street level. a. Tenant 'A' (SilverSpot) Lease — 106,000 sq.ft i. 12 Screen Multi-Plex Movie Theatre - ground, third through fifth floors b. Tenant 'B' Lease — 20,000 sq.ft i. Coffee shop — ground floor ii. Restaurant A — entrance ground floor iii. Restaurant B — second floor The 'Outside Delivery Date' for the Premises to be delivered to the Tenants with Landlord's Work substantially complete will be on or before March 31st, 2015. B. Sale and Purchase - Hotel Tower. Approximately 400ft above street level a. 188 room hotel i. Floors 6 through to 34 approximately 336,000 sq.ft The 'Outside Delivery Date' for the Premises to be delivered will be on or before July 2016. C. Sale and Purchase - Met Miami Retail Purchase. a. Met 1 Retail ground and second floor b. Met 3 Retail ground floor c. Met Sq retail podium ground floor through fifth floor. Sale and Purchase Agreement under item C above consists of a bundle of retail floors within the three developments of Met Miami. This Sale and Purchase Agreement is integral to the Developer proceeding with the development of Met Square. A memo from Koniver Stern Group, dated February 3, 2014, included in Appendix E, states that redesign of the project as explored in the following case studies would render the site "virtually unleasable to these tenants." On the following pages, Met Square elevations show the current design and the allocation of the areas described in items A and B above. A full set of plans and elevations of the proposed project is located in Appendix F, and a site plan showing structural piles for the building overlaid on a survey of the archaeological features on site is located in Appendix G. Page 14 of 39 2/7/14 Cyr • . Ivo h4 Im! f.let 1l i404.*** **inseam' Iuui4*0*44*44w4wi MEN F+isapre LrAurea rlic•ors -hrce Fou+ Free & 1S`er_tvi 1 Ficaae L ,a^a1E Ani • Background: Tenant Agreements: West Elevation showing location of planned tenants Page 15 of 39 2/7/14 Background: Tenant Agreements: East Elevation showing location of planned tenants Page 16 of 39 2/7/14 Met Square: Archeological Circles 1 External Building Line & Property Boundary Line f • -2 • — u 201 oreEL.r. ie .a 151 I 'a# -4... • Lr fvtet . uafe PropeiRty boundary Brie; I +±I��.+# i. ii i L41 r . I 4 1 I *+ I { t • • I I ---------------- 1 d 4 Ir• 1 Met Scipare E ternaI buil1ipg line' I r 4 T. ■ y rtf# rat 'a ti e 1 I +— I I I: •4,` , ^'l -15. ,r C j I L +4YH+ L r .I r 'V4 TAR f 'I l icik-` 0 -. Background: Tenant Agreements: Diagram showing planned building footprint overlaid on survey of archaeological findings * Please note that the survey of archaeological features located on the image above is in progress. As of February 2014, two additional circular alignments of postholes have been discovered on the site, bringing the total number of circular features on site from six to potentially eight or more. Additional significant features may be discovered, as additional excavation is currently underway in February 2014. Page 17 of 39 2/7/14 CASE STUDY NARRATIVES AND DIAGRAMS NO PRESERVATION This Case Study is being explored by the Working Group at the suggestion of the Florida Department of Historical Resources as a routine exercise typically used in Section 106 reviews. As stated above, agreements are currently in place that involve relocation of one of the circles on site to a dedicated plaza for interpretation and public viewing. It is not the intention of any members of the working group to advocate for a "No Preservation" Scenario, but rather this Case Study is being used as a point for comparison. The No Preservation Case Study involves complete excavation and documentation of all archaeological features on site. However, the project would be built exactly as permitted under Warrant 13-0013, without any requirement to preserve and relocate archaeological features such as the Royal Palm Circle or the foundations and architectural features of the Royal Palm Hotel. Page 18 of 39 2/7/14 RELOCATION 1: This Case Study is based on the archaeological mitigation required by Warrant 13-0013, issued in April 2013 before the significant discovery of the Tequesta village foundations was made over the summer. In this Case Study, the developer cuts the Royal Palm Circle out of the bedrock and relocates the feature to a dedicated plaza on the eastern side of the building for public display. Other elements on site, such as the Royal Palm Hotel steps and veranda piers, are incorporated into the dedicated plaza. All archaeological elements are interpreted and displayed for the educational benefit of the public. Final design of interpretive elements is subject to approval by the HEPB and the Preservation Office. Images of the dedicated plaza are found below and in the following pages. SOFT LANCSCAPE AREA MI TSOU.+ IF SET' ORM OFF/ENTRY 1 11 MET SQUARE ANCIENT CIRCLE EXHIBIT W;8ENCH IN MIDDLE ROYAL PALM HOTEL EXHIBIT Case Study Relocation 1: Site Plan of Dedicated Plaza on Eastern Side of Building Page 19 of 39 2/7/14 Case Study Relocation 1: Renderings of Dedicated Plaza Page 20 of 39 2/7/14 Case Study Relocation 1: Renderings of Dedicated Plaza Page 21 of 39 VEINOWICIEMOGICALFIN.%) De FrEu.bac PARR LINI 2/7/14 RELOCATION 2: In this Case Study, two circles are relocated to the dedicated plaza. RELOCATION 3: In this Case Study, all circular features on site are removed; two are relocated to the dedicated plaza and the remaining four are relocated to an off -site "archaeological park". Page 22 of 39 2/7/14 REDESIGN 1A*: Redesign la refers to the possibility of redesigning the southwest corner of the Met Square podium to preserve and to permanently expose for public view the 'West Circle' and the `SW Circle'. The redesign is being considered in conjunction with the requirements of Warrant 13-0013, HEPB-2002-68, HEPB- 2004-48. To achieve the requirements of Redesign 1A, the preservation and permanent exposure of the 'West Circle' and the `SW Circle' the structure would be reduced on the southwest ground floor corner area by approximately 2,000 square feet. By exposing the 'West Circle' and the `SW Circle' the intended ground floor access to Tenant B's second floor area is removed. In addition, the current design for the foundations to the south west corner of the building would have to be moved southbound out of the area of impact to the `SW Circle' in order to provide structural support to the floors above ground level. The redesign location of the foundations will place the southwest corner and part of the south elevation outside of the required set -back and will probably encroach the property of the Florida Department of Transport (FDOT). The Developer has been advised that Tenant B will not proceed with the ground floor and second floor lease if Case Study Redesign 1A occurs. The Developer has been advised that Tenant B considers the loss of ground floor area and the loss of the access front and staircase to the second floor of such a substantial and material change to the lease and will therefore not proceed if Case Study Redesign 1A is implemented. This in turn affects the sale of tenant lease areas described on the Tenant Agreements page under item C. The following sketches show the relationship of the current structural foundation design to the 'West Circle' and the `SW Circle', and the impact of Redesign Case Study 1 to the Tenant B ground floor areas. Redesign Case Study 1 is not viable as its implementation will result in the loss of Tenant B lease and the Met Miami Retail sale and purchase agreement. *Case Study prepared by MDM Page 23 of 39 2/7/14 W C:Ircle TE-manLuasc Ares A 'Cciffee Shop 4,31-1,013,8:13.8EKiUbbb.Z.J r enatir. 11 1 Area 8 'Re51aur ant' 1 Tenor!' B Lease: liuk or Haute '7- 1 Tenari R 1 PASP' ArcEL t.Re*.leui aril° Kitchen I TailElfli 13 Lease. Area C -ReE4euran1' Case Study Redesign 1A: Tenant B Lease — Current Design for Ground Floor Layout Page 24 of 39 2/7/14 We$1 f iFi k+ $econd flkc•I SW Circle L aternal Bowing Law itGiouria Floor Below TJsri rriI U Area B ° R tawrins' f i ' i i ,...J i ,.�_ 5E::and floor terrace Case Study Redesign 1A: Tenant B Lease — Current Design for Second Floor Layout Page 25 of 39 2/7/14 Case Study Redesign 1A: Relationship of Structural Foundations to Archaeology. This Case Study relocates the west external face of the building (blue) eastbound (red) in order to preserve the west and southwest circles. Reduction of retail square footage to the ground floor will be approximately 2,000 sq. ft. Page 26 of 39 2/7/14 Weal Circle SiNCircle r. Titnain: B LIVISt1 Area A 'Coffee Shop 1tHia--.1 El I_ Etcirge 1Re0aurent' of ReilE111 -luFre fni7.11 F:riSCP • v• Tenn 8 Lease: LOCI.I..:-A FILanie. • • Tenant 8 Lease: Area C Resiaureirkr Kitchen Tenarri 8 Lease Area C Reelaurae Case Study Redesign 1A: Redesign of Ground Floor Area Page 27 of 39 2/7/14 REDESIGN 1B*: An alternative redesign utilizes structural steel ground beams which would preserve the two circles in - situ, for posterity, but would not allow them to be exposed or accessible. The impact to the tenant areas could be mitigated and the Met Square structure to the south west corner would remain as per the current architectural design. The foundations would have to be redesigned to accommodate the position of the structural steel beams. This redesign would incur an additional cost to the development of approximately $450,000 to $500,000, depending on final architectural, engineer and material costs. This alternative can only be applied to the 'West Circle' and 'SW Circle'. Structural loads and the lack of sufficient clearance prohibit a similar application to the remaining archaeological findings. *Case Study prepared by MDM Page 28 of 39 2/7/14 REDESIGN 2*: In addition to the requirements of Warrant 13-0013, HEPB-2002-68, HEPB-2004-48, and local, State, and Federal Preservation ordinances, the archaeological findings contained within the property boundary of the Met Square parcel remain undisturbed. To achieve the above the Met Square building is redesigned to create a structural steel bridge frame spanning NW/NE to SW/SE quadrants. This redesign constrains the improvements to the Met Square property boundary and requires a variance allowing encroachment within the required five-foot setback. Some impact to archaeological findings will occur at the perimeter of the property boundary due to the required foundation locations necessary to create the structural steel bridging. With all the archaeological findings remaining in situ, the Plaza is redesigned to accommodate access to the various elements of the Met Square development. This requires FDOT approval of modifications to accommodate access changes along South Biscayne Blvd. The steel strength required for this re -design is not available in the United States and must be imported from Belgium. The minimum lead in period for manufacture, not including shipping and import is six months. The estimated increase in construction material costs is a minimum of approximately $40,000,000 / $50,000,000. There would also be a substantial increase to the construction schedule which would incur additional costs to the Improvements. It would not be an exaggeration to increase the construction schedule from a current duration of two years to four years. Redesign 2 is construed as a material change to the existing leases and agreements. Existing contracts, which have a sizable commercial present and future value, would be at risk, which in turn puts the viability of the entire project at great risk. *Case Study prepared by MDM Page 29 of 39 2/7/14 Case Study Redesign 2: Redesign of Ground Floor Area Page 30 of 39 2/7/14 • Case Study Redesign 2: Northeastern Corner of Site Case Study Redesign 2: Southwestern Corner of Site Page 31 of 39 2/7/14 REDESIGN 3 / COMPLETE PRESERVATION*: This Case Study explores complete preservation of the archaeological site. It strongly supports the purpose and intent of the City of Miami Historic Preservation Ordinance, Chapter 23. Chapter 23 is intended, in part, to protect and enhance archaeological resources that "represent distinctive elements of the city's historic, cultural, archaeological, paleontological, aesthetic, and architectural heritage," as well as to "foster civic pride in the accomplishments of the past," and to "promote the use of historic resources...and archaeological sites for the education, pleasure, and welfare of the people of the city." Additionally, this scenario complies with the intent stated in the original archaeological plan, written by Bob Carr, Executive Director of Archaeological and Historical Conservancy, Inc., dated October 2002. This document states that "it is the intent of this plan to meet all guidelines and requirements as stated in City of Miami Historic Preservation Ordinances [and] the general intent of Miami -Dade County Ordinance 16A-10." Further, the City of Miami Historic and Environmental Preservation Board Resolution HEPB- 2002-68 states that the "the Board will be empowered by the Developer to review the discovery and consider any action plan presented by the developer that may include preservation and/or mitigation of the discovery site, and to act upon any notice of a significant discovery." The Redesign 3 / Complete Preservation scenario is the only option that adequately preserves the site in full. None of the preceding case study scenarios address the required mitigation of the site as a whole, in the event that full preservation is not pursued. This Case Study directly achieves the defined purpose and intent of historic preservation in the City of Miami. Further, it retains its current eligibility for a range of designations, including local designation, listing in the National Register of Historic Places, National Historic Landmark designation, and UNESCO World Heritage designation. These types of designations not only support local ordinances, they also bolster national and international efforts to preserve historically and culturally significant resources. It also provides access to important preservation resources, such as grant funding and technical assistance. Sites that are recognized as National Historic Landmarks and/or World Heritage Sites provide a strong draw for heritage tourism. This scenario allows for the greatest level of interpretation to occur. The major goal of interpretation is to increase each visitor's enjoyment and understanding of the site. Effective interpretation allows each visitor to find an opportunity to personally connect with a place. Every individual may connect to the place in a different way, but everyone should have an opportunity to explore how a special site or place is meaningful to them. These personal connections of visitors are more effectively realized through on -site interpretation rather than off -site interpretation. This facilitates a clearer comprehension of sense of place. On -site, in situ reconstructions provide maximum potential for investigating the significance of a site both in terms of research potential and public interpretation. Archaeological reconstructions are the best means of conveying to visitors complex information about a site and how it was used by those who lived there. Interpretation also refers to the scientific interpretation undertaken to analyze and understand the site and the function of the individual features discovered. It is important to note that during archaeological investigations, survey and documentation of the resources is a distinct, and separate, phase from analysis and interpretation. The work that has taken place thus far, and is still on -going, is the surveying and documentation of the site and its associated features. Once Page 32 of 39 2/7/14 full excavation is complete and all features are documented, true analysis of the site can begin in earnest. Archaeological analysis is undertaken to gain an understanding of the site and how it and its individual features functioned. Ultimately, this scientific analysis provides us with a better understanding of the cultures which previously inhabited the site. Notably, because this site encompasses the most extensive Tequesta village discovered to date, the analysis of the site is likely to yield information about this native Miami culture that is yet unknown. While elements such as individual artifacts and the 3-D laser scan provide invaluable scientific resources, a full analysis of the site that would yield the greatest amount of information is not possible once the features are covered. Once a development is built on top of these features, the ability to analyze the resources and fully understand the site is eliminated. In addition to interpretation, Case Study Redesign 3 / Complete Preservation is the only scenario that retains the entire archaeological site and all of its significant features in their historic location. In terms of preservation standards, it is important to understand the impact to the resources if individual features, such as a circle, is removed and relocated. When individual features, or even an entire site, is removed and placed in a non -historic location, the integrity of the resource is compromised. Integrity is federally defined as the ability of a property to convey its significance. In order to evaluate and determine the integrity of a historic or archaeological site, several factors are examined. Location is an important factor that directly relates to integrity. This is particularly true with archaeological sites, which often do not have any associated historic structures. Maintaining the archaeological resources in their original location is particularly important in capturing and conveying a sense of the historic site to visitors. Except in rare cases, the relationship between a site and its historic associations is lost if the site or its individual features are relocated. The scenarios that explore removing and relocating one or more of the circles significantly alters its historic relationship with the rest of the site and significantly affect the historic integrity as well as the interpretive value and visitor experience. The archaeological features at the Met Square site retain historic integrity and offer invaluable opportunities for interpretation and heritage tourism. The present location of the archaeological and historic resources guides potential site programming. The northwestern half of the site, which contains the circles and linear features defined by postholes, a Fort Dallas -era well, and foundation remains from the Royal Palm Hotel, would serve as the primary interpretive area. Here pre -historic features, such as the circular Tequesta-era structures, could be reconstructed to help visitors visualize the Indian settlement. Pedestrian circulation can be accommodated through raised boardwalks, which would also serve as interpretive, reconstructed features. The raised boardwalks can be laid out to follow the alignment of the discovered Tequesta-period linear features, as well as the portion of the Royal Palm Hotel veranda. Interpretive panels can be placed along the walkways. This also offers an opportunity to implement multi -media interpretive applications, such as downloadable audio tours. The historic shoreline can also serve as an interpretive and functional site feature. A rain garden can be created along the shoreline. A rain garden serves multiple purposes; it defines an aesthetic, native garden and it provides necessary stormwater management. The topography of the site directs stormwater runoff to the southeast corner of the site. The lower elevation in this area can be maintained and a rain garden established, creating a bioretention basin. A rain garden is essentially a low-lying area that is planted with native materials that will tolerate periodic inundation. A combination of native plants and river rocks is often used. A gravel trench is installed sub -grade. Together, the low elevation, plant materials, and gravel provide a system Page 33 of 39 2/7/14 to naturally slow and filter runoff. Use of plant materials commonly found along rivers and that reflect a fluid -like movement, such as ornamental grasses, provides a feature that interprets the historic Miami River, while providing a necessary site function. If preserved and interpreted, the archaeological features at the Met Square site also become valuable as a popular tourist destination. As federally defined, heritage tourism is when people from other locales "travel to experience the places, artifacts, and activities that authentically represent the stories and people of the past." Heritage tourism provides pride, stability, growth, and economic development. It is important to note that heritage tourism occurs when people travel to a destination with the specific intent of visiting a cultural site. Visitors traversing the proposed plaza and passing by a relocated circle does not meet the definition of heritage tourism. Heritage tourism also has a quantifiable economic benefit. As reported by the Center for Governmental Responsibility at the University of Florida Levin College of Law in their report "Economic Impacts of Historic Preservation in Florida," heritage tourism contributed an estimated $4.13 billion to the state in 2007-2008. In addition to the economic benefit of heritage tourism, additional economic opportunities are available at the site. Notably, even with this Complete Preservation scenario, opportunities still exist for commercial development. Beyond the interpretive areas where the majority of the prehistoric and historic features remain, the other half of the lot can accommodate a mixed -use, high-rise tower. In fact, quick searches for towers that have 30-plus stories utilizing a small footprint are plentiful. In Philadelphia, the new University City Science Center is a $110 million tower that rises 28 stories. With a 15,000 square -foot footprint, the tower utilizes a mixed -use program, featuring street level retail and enough parking for 200 cars and 120 bicycles. In Hartford, Connecticut, the new Hartford 21 Tower is a stylish, upscale mixed -use development that features luxury apartments. The 34-story tower is on an 11,000 square -foot footprint. And of course, in New York City, it is a common practice to design high-rises with minimum ground level square -footage, one of the newest is located on West 57th Street. Claiming to be the narrowest skyscraper in the world, the 1300-foot tall tower is situated on a lot that is 60 feet wide. Currently, Miami -Dade County's Office of Historic Preservation is assisting in a large-scale development project that includes the restoration and preservation of the historic Surf Club, located on Collins Avenue in Surfside, Florida. A major component of the development includes the "floating" of an eight story hotel structure partially over the historic Surf Club, with 40-50 feet of space between the two structures. This is being accomplished by utilizing a central tower support that is also doubles as elevator shafts. The developer of this project sees the historic Surf Club as a major marketing asset, having printed a coffee table -quality book of the club's history and traditions as a giveaway promotional piece for potential buyers. The hotel/condominium development is already 1/3 sold, with construction of the new buildings yet to commence. In our discussions with outside architects and engineers, it is clear that even with complete preservation, the site remains significantly developable, while maintaining the unique resources in situ, and offering a singularly unique opportunity to interpret and showcase a site that no other hotel or condominium tower would have in the county, and possibly the country. It is inconceivable to imagine how a hotel/condominium tower with that kind of amenity in the heart of Miami would not become the top choice for visitors and buyers alike. Page 34 of 39 2/7/14 The archaeological features at the Met Square site are a significant and unique discovery that retain their historic integrity. The extant features represent several distinct layers in the history of Miami. These features date from some of the most notable historic events and places, including the Tequesta Village, Fort Dallas, and Henry Flagler's Royal Palm Hotel. Collectively, the features found on this site tell the story of Miami from pre -history through its origins as a tropical vacation destination. Complete preservation of the site directly supports the stated purpose and intent of historic preservation, not just in Miami, but on the national and international levels. *Case Study prepared by Miami -Dade County = Visitor Facilities ! Site operations Area = One -Way Entry Drive =Angled Visitor Parking = Visitor Center NM = Mixed Use Tower = Elevated Mixed Use Development = Historic Feature Reconstruction 1 interpretation Area = Historic Shoreline Interpretation 1 Rain Garden Area (Stormwater Management) Case Study Redesign 3 / Complete Preservation: Concept Diagram Page 35 of 39 2/7/14 Case Study Redesign 3 / Complete Preservation: Concept Sketch Page 36 of 39 2/7/14 COMPLETE PRESERVATION: The Complete Preservation Case Study explores preservation of the entire Met Square development site as an archaeological park, with development on site limited to small-scale, one-story support facilities for the archaeological site, such as a visitor center or a museum. The site could be interpreted to provide visitors with a clear understanding of how the site might once have functioned as a Tequesta Village. Opportunities to interpret the Fort Dallas and Royal Palm Hotel features of the site could also be pursued. This is the only Case Study that would preserve the site's clear spatial relationship with the Miami Circle site across the River, a relationship that can be understood visually through aerial views and from views from the surrounding high-rise buildings. As these two archaeological sites may have been part of one settlement complex located on opposite banks of the Miami River, it is worth considering that the Miami Circle site and the significant archaeological discovery at the Met Square site could actually be understood as one related archaeological resource. Case Study Complete Preservation: Aerial view of Met Square site and its relationship to Miami Circle across the mouth of the Miami River. Page 37 of 39 2/7/14 PUBLIC BONUS: The Public Bonus Case Study explores the possibility of preserving archaeological features in the public right-of-way on SE 3rd Avenue and SE 3rd Street as part of a public plaza in conjunction with preservation on private property. This Case Study could be implemented in conjunction with any of the relocation or redesign case studies, resulting in a more valuable project. This Case Study explores the possibility of closing one northbound lane of SE 3rd Avenue in order to create a generous archaeological plaza along the west side of the MDM development. This public -private partnership would result in preservation of the westernmost circle that is currently located half on private property and half in the public right-of- way. This would also support the City and the Downtown Development Authority's current initiative to encourage pedestrian activity in the Downtown. A similar arrangement could be made for the right-of- way along SE 3rd Street, where two circles are partially located in the public -right-of-way of a planned sidewalk and driveway access. .II a • • • • L T =_*'..• I +[co-i17 i�. 01! ISM 731i8 17G3C+[G I . • *6• L I.' • a i • — •' , t:. • s*.... u� Prolr :ty boundary I.ne,. Y 1. ■ L�7 • ray +r yet•. I I I I I ---�r-------- + • .I -03 Met Square pctern41 building line I 1 6E_ * -. III I L-: I I= I I t; I '- L T of • I Case Study Public Bonus: Diagram showing location of features on public right-of-way and potential lane closure on SE 3rd Avenue. Page 38 of 39 2/7/14 Case Study Public Bonus: Aerial showing Met Square development site in context with the Downtown street grid. Page 39 of 39 2/7/14 Met Square Case Studies Comparison Matrix 2/7/14 Conceptual Scenario Description Impact toArchaeological Resources Historic Designation Eligibility Heritage Tourism Potential / Interpretive Value Best Practices Estimated Additional Construction Cost for Archaeological Preservation Funding Source/ Manager Tax Revenue Annually Effect on Currently Planned Development Program Balance of Preservation with Vested Rights No Preservation Development destroys the entire archaeological site Complete. Loss of only known Tequesta village and well-preserved architectural features, resulting in limited scientific interpretation and better understanding of Tequesta culture; loss of Fort Dallas and Royal Palm Hotel features None None n/a n/a n/a 5270,000* None Poor. no preservation Relocation 1 The Royal Palm Circe is cut out and relocated to the plazla; Royal Palm Hotel features are relocated to the plaza Complete. Loss of only known Tequesta village and well-preserved architectural features, resulting in limited scientific interpretation and better understanding of Tequesta culture; loss of most Fort Dallas and Royal Palm Hotel features Local Designation Poor. does not provide a compelling draw that would attract tourists interested in visiting cultural sites. Some opportunity for exhibits and interpretative experience, however interpretive value is greelY diminished, as features are relocated out of context and their relationship to the site as a whole is lost. Fort Dallas and Wagner House, Lummus Park, Miami 550,000 developer $270,000* None Poor. no portions of site are preserved in plafce, entire project remains as currently designed, despite signiicant discove, Relocation 2 The two most significant circles are cut out and relocated to the plaza Complete. Loss of only known Tequesta village and well-preserved architectural features, resulting in limited scientific interpretation and better understanding of Tequesta culture; loss of most Fort Dallas and Royal Palm Hotel features Local Designation Poor. does not provide a compelling draw that would attract tourists interested in visiting cultural sites. Some opportunity for exhibits and interpretative experience, however interpretive value is greelY diminished, as features are relocated out of context and their relationship to the site as a whole is lost. Fort Dallas and Wagner House, du..., Park, Miami $100,000 developer 5270,000* None Poo,. no portions of site are preserved in place, entire project remains as currently designed, despite significant discos., Relocation 3 All known circles are cut out and relocated, some to the plaza and the rest to an off -site location Complete. Loss of only known Tequesta village and well-preserved architectural features, resulting in limited scientific . interpretation and better understanding of Tequesta culture; loss of most Fort Dallas and Royal Palm Hotel features Local Designation Poordoes not provide a compelling draw that would attract tourists interested in visiting cultural sites. Some opportunity for exhibits and interpretative experience, however interpretive value is gr..* diminished, as features are relocated out of context and their relationship to the site as a whole is lost. Fort Dallas and Wagner HO., Lum.B5 Park, Miami $300,000 + developer 5270,000* None Poor. no portions of site are preserved in place, entire Prole. remains as currently esigned, d despite significant discovery Redesign la Redesign the southwest corner of the ground floor of the project to preserve and expose the West Circle' and 'SW Circle' for publicviewing Significant. Preservation of architectural features of a Tequesta two village in situ' . loss of most of the Tequesta Village as well as most Fort Dallas and Royal Palm Hotel features Local Designation Fair. preserves a small portion of the site in situ, creating a potential local attraction, but unlikely to becomes heritage tourism destination. Interpretive value is diminished, as features are out of context and their relationship to the site as a whole is lo.. African Burial Ground National Monument, New York CitY developer $270,000* Limited. Reduction of 2,000 sq ft of ground floor retail. According to developer, existing contracts Put at risk; entire project viability put at risk. Loss of (i) Tenant B lease, (ii) the Met Miami Retail sale and purchase agreement, and (iii) Hotel Tower sales and purchase agree..." Fair. a small portion of the archaeological site is preserved, while only 2,000 sq ft of ground floor retail is redesigned Redesign lb Redesign the south west corner of the project to preserve but cover the W est Circle' and 'SW Circle' with a steel structure Significant. Preservation of two architectural features of a Tequesta village in situ, however not visible to the public; loss of most of the Tequesta Village as well as most Fort Dallas and Royal Palm Hotel features ial f potentuture Local . . Designation if uncovered None Estimated Additional 5400,000 - $500,000 developer 5270,000* None Poor. a small portion of the archaeological site is preserved but inaccessible; entire project remains as currently designed Redesign 2 Redesign the ground floor of the project to preserve and expose the total of the archaeological findings within the property bounder, None. allows for on -site, in situ reconstruction and continuous scientific interpretation. Local Designation, National Register, National Landmark, and UNESCO Good. This option preserves all of the significant features in place, although they are incoporated into a ground -level walkway through the base of a building and theref ore no longer open to the sky. This solution could create an excellent educational experience and be a major draw for tourists, provided that ample funding is in place to interpret the features adequately. African Burial Ground National Monument, New York CitY Estimated Additional 540 - 50 Million in material $ alone. Additional expense for redesign and construction. developer in conjuction with a museum, university, or government entitY 5270,000* Significant. Reduction of approximately half of ground floor program. According to developer, existing contracts put at risk; entire project viability put at ris. Loss of (i) Tenant B lease, (ii) k the Met Miami Retail sale and purchase agreement, and (iii) Hotel Tower sales and Purchase agree..." Excellent. all significant archaeological features preserved in place. The majority of project's developable square footage is maintained, although valuable ground floor retail space is lost. Redesign 3 / Complete Preservation Development of non-archaeologicallY significant portions of the site / use of archaeologically significant portions of the site as a park and museum None. allows for on -site, in situ reconstruction and continuous scientific interpretation. Local Designation, National Register, National Landmark, and UNESCO Excellent. This option provides an opportunity for a partial development and full interpretation of the site and potential for creating a museum/archaeological park complex. This solution could create an excellent educational experience and be a major draw for tourists, provided that amplefunding is in place to interpret the features adequately. Pointe-3-Calliere, Montreal; Brea Tar Pits, Los Angeles; Mission San Luis, Tallahassee; Historic St. Augustine developer in conjuction with a museum, university, or government entity $135,000 (based on half the developable area of Met Square site) Major. Significant reduction of developable square footage. Requires complete redesign of project for new tenants. Time impact unknown. Fair. all significant archaeological features preserved in place, but a signficant portion of developable square footage is lost Complete Preservation Entire site is preserved as an archaeological park and museum None. allows for on -site, in situ reconstruction and continuous scientific interpretation. l LocaDesignation ' NatNationalid' onal LanRegistermark, and UNESCO Excellent. full interpretation of the site and potential for creating a museum/archaeological park complex. This solution could create an excellent educational experience and be a major draw for tourists, provided that amplefunding is in place to interpret the features adequately. Pointe-a-Calliere, Montreal; Brea Tar Pits, Los Angeles; Mission San Luis, Tallahassee; Historic St. Augustine museum, university, or government entity Complete. No development takes place on site, with the exception of support uses such as a museum or visitor's center Poor. all significant archaeological features are preserved in place, but . development takes place . site Public Bonus City of Miami preserves features located in the right-of-way as a public plaza None Enhances eligibility of fee'res Preserved " private property for Local DesVn.MR ' National Register, National Landmarand k, UNESCO Excellent. results in preservation of portions of circles in the right-of-way. Creates additional heritage tourism potential for features on private property. Opportunity .PreServe West circle and Royal Palm Circle in situ through public -private partnership. Cost to redesign public right of way and create a plaza City of Miami n/a n/a n/e * Amount based on Met 2 d velopment appraised value and Miami DDA milage rate ** Even if redesign itself do s not result in loss of tenants, the time equired to redesign and implement changes will result in loss of 10005 t tenants and retail purchase agreements. FLORIDA DEPARTMENT STATE RICK SCOTT Governor Mr. Francisco J. Garcia Planning and Zoning Department City of Miami P.O. Box 330708 Miami, FL 33233-0708 Re: Request for Technical Assistance Significant Archaeological Discovery in City of Miami Dear Mr. Garcia, KEN DETZNER Secretary of State November 4, 2013 At the City of Miami's request, Dr. Timothy Parsons and Dr. Daniel Seinfeld, archaeologists and historic preservation specialists with the Florida Division of Historical Resources (DHR), conducted a site visit and assessment of archaeological investigations at site 8DA11 on the Met Square property at the intersection of 3rd Street and 3rd Avenue in downtown Miami. We observed the site in person, conducted a background literature review, and discussed the site with Mr. Bob Carr and staff from the Archaeological and Historical Conservancy, Inc. (AHC), staff at Biscayne Engineering (who conducted three-dimensional laser scanning of the site), and City of Miami and Miami -Dade County planning and historic preservation professionals. Based on our observations and investigation, we believe that the archaeological features discovered at Met Square are very significant. We suggest that every effort be made to investigate, document, and preserve the site. To that end, it is our opinion that the archaeological investigation conducted up to this point has been appropriate and thorough. However, further on -site work and the production of a significant technical/synthetic research report is necessary to bring the work at such a significant site to an appropriate conclusion. The discovery of an extensive, well-preserved set of archaeological features such as those at Met Square is highly unusual in the United States. Typically, archaeological excavation focuses on a sample of a site, making the identification of complex arrangements of portholes — such as those at Met Square — difficult. At Met Square, AHC completed a nearly 100% horizontal excavation of the parcel after consultation with the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, and the Florida Bureau of Archaeological Research, pursuant to §872.05, Florida Statutes. The execution of this excavation strategy brought to light the precise geometrical arrangements carved into the limestone bedrock. The arrangements of portholes discovered at this site are far more extensive and complex than those found at the Miami Circle several years ago. DIVISION OF HISTORICAL RESOURCES R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: 850.245.6300 • Facsimile: 850.245.6436 • www.flheritage.com Commemorating 500 years of Florida history www.vivaflorida.org VIVA FLORIDA 111,11 VIVA FLORIDA Mr. Francisco J. Garcia Page 2 At most archaeological sites, the resource itself is destroyed as soil is removed and artifacts are taken out of context for evaluation and interpretation. The Met Square site is an exception, because the postholes carved into the limestone are permanent evidence of prehistoric Native American architecture. Additionally, the brick -lined well from Fort Dallas and the stairs of the Royal Palm Hotel are tangible evidence of Miami's dynamic history. The discovery at Met Square is exceptional, and it offers the City of Miami a unique opportunity to tell the story of over 2,500 years of Florida history at a single location. Given the site's location and the archaeological materials collected from the site, it is not inappropriate to consider the area the birthplace of Miami. The remarkable design and orientation of the postholes carved into the bedrock limestone are unique in the United States, especially when placed into context with the nearby Miami Circle. The postholes likely relate to prehistoric architecture, ceremonial structures, a settlement, or all of the above. Indeed, the features at Met Square represent a pre -European contact urban planning project, and are a rare example of prehistoric engineering. The features and artifacts discovered at this site have the potential to significantly contribute to our understanding of South Florida's prehistory. Furthermore, the site contains the remnants of Fort Dallas, established in 1836 during the Seminole Wars, as well as components of Henry Flagler's historic Royal Palm Hotel. As one of the last undeveloped lots in downtown Miami, the City is presented with an opportunity to preserve several components of Miami's rich history for future generations. It is our opinion that, if preserved and managed effectively, the Met Square site can become an economically sustainable heritage tourism location. The unique and significant historic and prehistoric elements of the site could be a draw for tourists and, if thoughtfully interpreted, would convey the City's remarkable history and identity to millions of domestic and international visitors. In our judgment, the site meets the criteria for listing in the National Register of Historic Places due to the fact that it has yielded — and has the potential to yield more — information important in prehistory and history. It is also our opinion that the site is a candidate for designation as a National Historic Landmark, because it possesses exceptional value in illustrating and interpreting the history of the United States. Today, fewer than 2,500 historic places bear this national distinction. It would be remiss of us to ignore the plans for development at Met Square. The Met Square development project and the discovery of an important archaeological site highlight a recurring challenge for city governments, planners, and resources managers: the struggle to balance historic preservation and high -impact development. Most professionals expect developers to make reasonable concessions to ensure that historic properties are recorded or preserved when threatened by development, whether compelled by state, federal, or local regulation, or in a spirit of cooperation with local preservation groups and civic authorities. However, subjective perceptions of feasibility and practicality often lead to disagreement on what constitutes a "good faith effort" on the part of developers and permitting authorities. In situations such as the one currently faced by the City of Miami — where a unique resource will be destroyed by development — important questions of value and civic identity are in play, and should receive careful consideration. DIVISION OF HISTORICAL RESOURCES R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: 850.245.6300 • Facsimile: 850.245.6436 • www.flheritage.com Commemorating 500 years of Florida history www.vivaflorida.org VIVA FLORIDA 5I11. VIVA FLORIDA 5110_ Mr. Francisco J. Garcia Page 3 Decisions about development and preservation send messages to citizens of the City, corporations, visitors, and the world at large. As a cosmopolitan city on the world stage, Miami is both influential and subject to criticism based on their planning decisions. Deliberate choices made by city leaders and planners speak not only to business and commerce; they also reflect intangible characteristics of a city and its people — what a city values in terms of culture, education, and its history, what kind of legacy it leaves for future generations of citizens, its indefinable sense of place, and how it wishes to be viewed by the rest of the world (i.e., what message the city wishes to publically project). These considerations are not simply metropolitan. They speak directly to a city's spirit of identity and sense of community. Several cities around the world have preserved significant urban heritage sites for interpretation and posterity. Examples include: • Pointe-a-Calliere Museum in Montreal (http://www.pacmusee.gc.ca/en/exhibitions/where- montreal-was-born) • The Reykjavik 871 museum in Iceland (http://minj asafnreykj avikur.is/english/desktopdefault.aspx/tabid-4206) • The African Burial Ground National Monument in New York City (http://www.nps.gov/afbg/index.htm) • The River Station depot, and other resources, in Los Angeles State Historic Park (http://www.parks.ca.gov/?page id=25964) With all of the above in mind, we offer the following suggestions to the City of Miami for documenting and preserving the 8DA11 archaeological and historical site at Met Square: • The City should follow and enforce its historic preservation ordinances • The City, in consultation with the landowner, developer, consultants, and advisors, should produce a case study that examines the feasibility and appropriateness of the following options: 1. Complete preservation of the site 2. Modification of development plans to allow for preservation and interpretation 3. Remove and appropriately relocate and interpret a portion of the site 4. Complete destruction of the site as the result of as -planned development • Archaeologists should remove fill deposits and expose the remainder of the parcel overlying limestone bedrock in order to document linear posthole features, and possible circles, that went unrecorded during previous investigations. Documentation should include the same three- dimensional laser scanning used to record and map the features currently exposed. • Archaeological and Historical Conservancy, Inc. (ACH) archaeologists should complete an interim report documenting the work completed up to this point. The report should discuss the site within its wider contextual significance and relationship to other sites in downtown Miami, including the Miami Circle, the Granada site, and the Brickell Point Site. This report should be completed as quickly as reasonably possible. • ACH archaeologists should work to complete artifact analysis and technical report production in a timely fashion. Given the importance of this site, a technical report should be completed within one year of the completion of on -site activities (excavation, mapping, etc.). • ACH should collaborate with research partners to produce scholarly works (published reports in peer -reviewed journals, monographs, etc.) related to Met Square and its relationship to other sites in the immediate area and wider region. • VIVA FLORIDA5OI;. DIVISION OF HISTORICAL RESOURCES R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: 850.245.6300 • Facsimile: 850.245.6436 • www.flheritage.com Commemorating 500 years of Florida history www.vivaflorida.org VIVA FLORIOA 500_ Mr. Francisco J. Garcia Page 4 We appreciate the opportunity to consult with the City of Miami on such a significant archaeological and historical site. We believe that every reasonable option for preservation should be explored and discussed, as the Met Square site tells the story of Miami's last 2,500 years, from Native American habitation to intensive urban development. Please do not hesitate to contact us with any further questions or concerns, as we are happy to continue providing assistance to the City of Miami in its efforts to document, interpret, and preserve this significant historical discovery. Most Sincerely, Timothy A. Parsons, Ph.D., RPA Bureau of Historic Preservation Deputy State Historic Preservation Officer for Compliance and Review VIVA FLORIDA5OI;. Daniel Seinfeld, Ph.D. Bureau of Archaeological Research Senior Archaeologist DIVISION OF HISTORICAL RESOURCES R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: 850.245.6300 • Facsimile: 850.245.6436 • www.flheritage.com Commemorating 500 years of Florida history www.vivaflorida.org Archaeological and Historical Conservancy, Inc. 4800 S,W, 64th Avenue, Suite 107 Davie, 1~ , 33314 954/792-9776 Fax 954/792,9954 Sarah Eaton City of Miami Planning & Zoning Department PO 13ox 330708 Miami, F1, 33233-0708 RE: Miami One Archaeological Management Plan October 31, 2002 Dear Ms, Eaton, This is provided as an archaeological management plan for the Miami One project encompassing parcels 13, C, and D (see attached figures). The goal of this plan is to provide for the documentation, recovery, and preservation of archaeological data and objects that might occur within the project area footprint. It is the intent of this plan to meet all guidelines and requirements as stated in City of Miami Historic Preservation Ordinances, the general intent of Miami -Dade County Ordinance 16A-10 and the review process of the County Archaeologist, and the State of Florida's Unmarked Human Burial Act 872.05, as it might pertain to any human remains that might occur within the project parcel. The basis of this plan is a Phase 1 archaeological survey that had been conducted across parcels B, C, and 1:) by the Archaeological and Historical Conservancy in 2000 and 2002 (see enclosed report copies). Field Investigations Field investigations will be conducted across the project parcel prior to any construction activities, The investigations will proceed in the following parcel order: D,13, and C, to follow the sequence of proposed parcel development. Work will begin in Parcel D using an open area excavation methodology, based on 100-foot study squares that will be examined using mechanical equipment to strip away the parking lot asphalt to allow for documentation of any archaeological materials that occur on the parcel. Selective trenching by 'a back. -hoe will be conducted to a depth below bedrock to provide documentation of stratigraphy, disturbances, etc. Any solution holes, features, or uhdisturbed areas will be subject to hand excavation using a 'minimum of 5 foot square excavation units. All prehistoric and historic cultural material will be collected and the documentation of significant features will be completed. A base line grid will be placed across each parcel to provide reference points for mapping. Maps for each parcel will be completed that will depict all test units, excavation areas, features, a base line grid, and elevations. Ira OHI DH' b GEZEGb5EZ C :GT Zeal/t£/ar Investigations on parcels B and C will use a combination of techniques but with more reliance on using expansive open area excavations since previous auguring tests in those two parcels indicate that more intact sediments exist in B and C than in parcel 1D. Samples of sediments, features, and any significant elements will be collected throughout the study area. Monitoring All initial construction excavations, digging, trenching, etc., will be subject to monitoring by archaeologists. Documentation of all recovered objects and features will be permitted by the developer as part of the project process. Research An extensive land use history of the project parcels Will be conducted by a historian. This research will be provided as a written report on the project parcels that will include but not be limited to the Spanish periods, early American Period (Ft. Dallas occupation and the Royal Palm Hotel). Analysis All recovered materials will be subject to cleaning, cataloging, and analysis. Samples of faunal bone, botanical remains, and sediments will be subject to intensive analysis to allow for a reconstruction of both the cultural andenvironmental history of the area. Organic samples will be subject to radiocarbon date determinations, and other types of chemical or physical analyses are possible. All results of analysis will be provided in the final report. Collections All recovered specimens will be donated to the Historical Museum of Southern Florida in Miami for their reference collection and potential exhibits. The developer reserves the right to use some specimens for display and exhibit purposes within the Miami One complex, Reports Copies of final reports will be provided to the City of Miami Historic Preservation Board, the Miami -Dade County Archaeologist, and the Historical Museum of Southern Florida, and any other interested agency or institution. Unexpected Discoveries In the event of an unanticipated discovery of a significant feature such as a human grave(s), structural foundations, or other unusual or unique features of historic or archaeological significance, such discoveries will be reported to the City of Miami Historic Preservation Board and County Archaeologist within 48 hours after the discovery. If human remains are discovered then the guidelines of State Statue 872.05, the Unmarked Human Graves Act, will be followed. It is the intent of the developer that such discoveries will be fully documented and preserved whenever possible. A special area within the pc hitfh plaza in Parcel B will be set aside as a public viewing space for the exhibi ion and preservation of any ti moo Jt!I OH' bg66Z6LV96T EE:LT Z5O /TE/5I significant features. Hunan remains, if any are found, will be respectfully reiriterred in a designated space in the plaza or wherever Native Americans working in concert with Florida's Department of Historic Resources so advise. Sincerely, Robert S. Carr Executive Direotor RSC/sk fir "=H.-1 DNI OHV bS6EZBLtgET EE:LI Z09Z/TE/OT HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FACT SHEET NAME DuPont Archeological Conservation Area ADDRESS Approximately 200 SE 2nd Street, 200 SE 3rd Street and 300 SE 3rd Street PROJECT DESCRIPTION Application for a Certificate of Appropriateness for ground disturbing activity in conjunction with a Major Use Special Permit involving the development of a mixed -use residential and commercial project. ANALYSIS The applicant is proposing to construct a mixed -use residential and commercial project on three blocks in Downtown Miami. The application for a Certificate of Appropriateness is a part of an application for a substantial modification to a previously approved Major Use Special Permit (MUSP) for Parcels B, C and D of the One Miami Project (Application No. 2002-069). Because a MUSP is subject to approval by the City Commission, the HEP Board in this case will be acting in an advisory capacity only and will be providing a recommendation to the City Commission on the application for the Certificate of Appropriateness. The subject property is located within an archeological conservation area as delineated on the Miami Comprehensive Neighborhood Plan and is therefore subject to the requirements for a Certificate of Appropriateness pursuant to Chapter 23 of the Miami City Code. This application is being presented to the Board because the Board had previously requested that any application for major development activity on the subject property be classified as a Special Certificate of Appropriateness and therefore subject to review by the Board. The basis for the Board's request was the known archeological significance of the site and its high potential for revealing significant archeological features and artifacts. The site is also located within the DuPont Archeological Zone, which was identified in the 1987 Downtown Miami Development of Regional Impact (DRI). According to the Downtown Miami Archeological Management Plan, which is incorporated into the DRI, the site probability is high. The plan contains the following observations. "Archival documents and observations by a number of archeologists strongly suggest that the site of the Spanish Mission, San Maria de Lorento, was situated within this zone. This zone also contains components of the prehistoric village Tequesta dating back to ca. 500 B.C., and was the site of two constructed mounds prior to their destruction. This site might contain foundations of the Spanish Mission and fort, and possibly a cemetery. Some components of the ca. 1840 Fort Dallas are also situated within this zone." Item #1 November 19, 2002 RECOMMENDATION Phase I archeological surveys were conducted on the site in 2000 and 2002, and a copy of the reports that further detail the findings and potential significance of the site is included with the application. These surveys were conducted by Robert Carr and the Archaeological and Historical Conservancy, Inc. Mr. Carr has also been retained by the applicant to make recommendations on an archeological management plan for the subject property. These recommendations are outlined in a letter from Mr. Carr to Sarah Eaton dated October 31, 2002. A draft copy of the letter dated October 29, 2002, was sent to the County Archeologist for his review and recommendation. Chapter 23 of the Miami City Code requires that no Certificate of Appropriateness for ground disturbing activity be issued until the County Archeologist has reviewed the application and has made his recommendations concerning the required scope of archeological work. The ordinance also outlines the type of conditions that the Board may require. The County Archeologist has reviewed the application and the management plan proposed by Mr. Carr in his October 29 letter and has recommended that the application for a Certificate of Appropriateness be subject to the condition that said management plan be followed. Staff has reviewed both the October 29 letter and the October 31 letter included with this application for a Certificate of Appropriateness and has determined that there are no substantive changes between the two. The Preservation Officer concurs with the archeological management plan proposed by Mr. Carr. The Preservation Officer recommends that the Board made a recommendation to the City Commission that the application for a Certificate of Appropriateness for ground disturbing activity be approved, subject to the following condition, after finding that the County Archeologist recommends approval with said condition, after finding that the implementation of the condition will provide for the documentation, recovery and preservation of archeological data and objects that might occur within the project area footprint. 1. The Miami One Archeological Management Plan proffered by the applicant and detailed in a letter from Robert Carr to Sarah Eaton dated October 31, 2002, shall be followed and incorporated by reference as a condition in the Development Order of the Major Use Special Permit. Item #1 November 19, 2002 RESOLUTION HEPB-2002-68 A RESOLUTION RECOMMENDING TO THE CITY COMMISSION APPROVAL OF AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS FOR GROUND DISTURBING ACTIVITY IN CONJUNCTION WITH AN APPLICATION FOR A SUBSTANTIAL MODIFICATION TO A PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT (MUSP) FOR PARCELS B, C AND D OF THE ONE MIAMI PROJECT (APPLICATION NO. 2002-060), LOCATED AT APPROXIMATELY 200 SE 2ND STREET, 200 SE 3RD STREET AND 300 SE 3RD STREET, WITHIN THE DUPONT ARCHEOLOGICAL CONSERVATION AREA, SUBJECT TO THE CONDITION(S) SET FORTH IN ATTACHMENT "A"; AFTER CONSIDERING THE RECOMMENDATIONS OF THE MIAMI- DADE COUNTY ARCHEOLOGIST CONCERNING THE REQUIRED SCOPE OF ARCHEOLOGICAL WORK AND INCORPORATING SAID RECOMMENDATIONS INTO THE ATTACHED CONDITION(S) AND FINDING THAT THE IMPLEMENTATION OF THE CONDITIONS WILL PROVIDE FOR THE DOCUMENTATION, RECOVERY AND PRESERVATION OF ARCHEOLOGICAL DATA AND OBJECTS THAT MIGHT OCCUR WITHIN THE PROJECT AREA FOOTPRINT. PASSED AND ADOPTED THIS 19TH DAY,OF.M,NOVEMBER, 2002. (RESERVATION OFFICER RESOLUTION HEPB-2002-68 ATTACHMENT "A" 1. THE MIAMI ONE ARCHEOLOGICAL MANAGEMENT PLAN PROFFERED BY THE APPLICANT AND DETAILED IN A LETTER FROM ROBERT CARR TO SARAH EATON DATED OCTOBER 31, 2002, SHALL BE FOLLOWED AND INCORPORATED BY REFERENCE AS A CONDITION IN THE DEVELOPMENT ORDER OF THE MAJOR USE SPECIAL PERMIT. 2, THE MANAGEMENT PLAN REFERENCED ABOVE IS AMENDED BY THE FOLLOWING CONDITIONS PROFFERED BY THE DEVELOPER AND READ INTO THE RECORD AT THE 11/19/2002 HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD MEETING. IN THE EVENT OF A SIGNIFICANT DISCOVERY, SPECIFICALLY OF ANY FEATURE OR SITE THAT POTENTIALLY QUALIFIES FOR LISTING IN THE NATIONAL REGISTER OF HISTORIC PLACES, THE DEVELOPER AGREES TO STOP ALL CONSTRUCTION ACTIVITIES AT THAT LOCATION AND THE IMMEDIATE VICINITY OF THE DISCOVERY, AREA OF DISCOVERY BEING DEFINED BY THE PROJECT ARCHEOLOGIST AS BEING ANY AREA OF THE DISCOVERY SITE THAT COULD BE ADVERSELY IMPACTED BY CONSTRUCTION ACTIVITIES. FURTHER, THE DEVELOPER AGREES TO CONTACT THE COUNTY ARCHEOLOGIST, RELEVANT AGENCIES, AND THE CITY OF MIAMI PRESERVATION OFFICER WITHIN 48 HOURS OF THE DAY OF A SIGNIFICANT DISCOVERY WITH WRITTEN NOTICE OF THAT DISCOVERY. THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD AGREES TO REVIEW ANY SIGNIFICANT DISCOVERY WITHIN 30 DAYS OF RECEIVING WRITTEN NOTICE FROM THE DEVELOPER, AND THE BOARD WILL BE EMPOWERED BY THE DEVELOPER TO REVIEW THE DISCOVERY AND CONSIDER ANY ACTION PLAN PRESENTED BY THE DEVELOPER THAT MAY INCLUDE PRESERVATION AND/OR MITIGATION OF THE DISCOVERY SITE, AND TO ACT UPON ANY NOTICE OF A SIGNIFICANT DISCOVERY WITHIN 60 DAYS OF WRITTEN NOTIFICATION BY THE DEVELOPER. 3. PROJECT ARCHEOLOGIST, ROBERT CARR, SHALL FURNISH MONTHLY REPORTS TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, OUTLINING THE ARCHAEOLOGICAL ASPECTS OF THE PROJECT AS THEY PROGRESS. Metropolitan Miami Archaeological Action Plan by Archaeological and Historical Conservancy 4800 SW 64th Ave, Suite 107 Davie, FL 33314 archlgcl@bellsouth.net for City of Miami Historic and Environmental Preservation Board June, 2004 Metropolitan Miami Archaeological Action Plan Archaeological investigations at the Miami Metropolitan project was initiated in April, 2003. Todate, a total area of 95,000 square feet have been excavated by archaeologists within parking lots B and D. These investigations have resulted in the recovery of 1200 field specimens representing groups of materials or individual specimens from various units, features, levels, and surface collections. In addition, 222 features have been documented, including prehistoric post holes, natural solutionholes, and foundations and features from the Royal Palm Hotel. Discoveries of Significance Notices of two significant discoveries have been provided to the Miami -Dade County Archaeologist and the City of Miami Historic Preservation Officer. These discoveries include prehistoric human remains uncovered on both parcels B and D, and the foundations of the Royal Palm Hotel. Most of these human remains are highly disturbed and disarticulated. The largest quantity of human remains have been uncovered in Parcel D, particularly in association with a deep solution crevice (feature 164). Other human remains have been uncovered in a solution hole near the west elevation of the Royal Palm Hotel, and within soil horizons located between the hotel and feature 164. A rough estimate of the number of individuals thus far recovered suggests approximately 20 individuals. All of these remains are prehistoric Native Americans, probably Tequesta or their ancestors. Although the age of these humans remains are unknown, it is probable that most of them date from the Glades I Period, ca.500 BC -AD 500. The Royal Palm Hotel foundations occur in both parcels B and D. Remains in parcel B include the foundations of the southeast corner of the building and the veranda that wraps around the eastern side of the building. The parcel D foundations are extensive and include up to seven courses of the brick foundation of the hotel's west wing, tile floors, and numerous hotel features and artifacts. These foundations date to 1897. The hotel was demolished in 1930. Archaeological Action Plan The discovery of human remains are subject to the guidelines of State Statute 872.05, the Unmarked Human Graves Act. State archaeologist and physical anthropologist, David Dickel, Ph.D., has indicated to the AHC that all humanremains are to be removed, documented and analyzed. He also has requested that the human remains are to be re - interred as close as to site of discovery as possible. Re -interment in proximity to the site has been reiterated by representatives of both the Seminole and Miccosukee tribes. 1 Three locations have been considered for re-interiiient. These are described and assessed below: A. Metropolitan Project Parcel Some initial considerations were made to re -inter the remains back onto the project parcel. However, the proposed construction techniques of deep excavation holes, a lack of soil or available green space, aside from some potential adverse public perceptions make this option unfeasible. B. Miami Circle Parcel This 2 acre parcel is located on the south side of the Miami River and is currently owned by the State of Florida and is undergoing a National Park Service study. The State is opposed to any re -interments of human remains on that parcel because there is no evidence that human graves previously existed on the parcel. C. Brickell Park Although there are still unresolved legal issues about this parcel, it was dedicated as a City of Miami park in 1925, and has been actively used as a park since that time. It encompasses a Tequesta cemetery and it is recommended that these remains be placed in the park within an area of modern fill so that existing archaeological deposits and graves will not be disturbed. The proposed re - interment area may be as small as approximately 10 by 10 feet. The Royal Palm Hotel foundations will be fully documented by archaeologists and architectural historian, Gregory Saldana. Documentation will include the following elements: • Drawing of a scaled map of existing hotel foundations and features (HABS format). • Detailed photo documentation of the hotel remains. • Narrated video of the hotel remains. • An analysis and report of Royal Palm Hotel construction features and artifacts (to be included as part of the final report), • Completion of a Florida State Site File that will include a summary of history, physical description, location map, black and white photographs, and recommendations. 2 Preservation and Interpretive Plan All of the recovered artifacts and copies of site documentation will be donated to the Historical Museum. of Southern Florida. The developer, MDM, and the architect, Nichols Brosh, Sandoval & Associates, are proposing two interpretative elements for the new development. Space will be dedicated within a new art gallery within the Met Square development that will include an exhibit of the Royal Palm Hotel and other discoveries at the site. A second interpretative element will be the use of the 60 foot wide plaza in parcel B to interpret the site's history. This interpretative walkway will include paving, landscaping, and kiosks that depict 2000 years of Miami history. The preservation of in -situ building elements or other features of the Royal Palm Hotel is not feasible relative to the approved Metropolitan plan nor the requisite construction techniques, however, most of the foundation bricks, tiles, etc. will be made available to the Historical Museum of South Florida or any credible preservation organization willing to reconstruct or interpret parts of the hotel. 3 HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FACT SHEET NAME Metropolitan One (One Miami) ADDRESS Approximately 200 SE 2nd Street, 200 SE 3rd Street, and 300 SE 3rd Street PROJECT DESCRIPTION Review of an action plan for preserving and interpreting archeological site elements uncovered at the Metropolitan Miami complex. ANALYSIS An Archeological Action Plan is being submitted in response to a substantial modification to the Major Use Special Permit for this project. In addition, the original resolution that was passed by the HEP Board (Resolution HEPB-2002-68) approving an application for a Certificate of Appropriateness for ground disturbing activity for this property required that significant discoveries be reported to the board and action plans be considered. The Archeological Action Plan reports two discoveries of significance: 1, prehistoric burials located on Lots B and D, and 2. the foundations of the Royal Palm Hotel. The human burials represent the remains of approximately 20 individuals, and -are subject -to- the -guidelines -present- in-F-S. 87-2.05, the -Unmarked Human Graves Act. The State Archeologist has approved the removal and analysis of the burials and recommends that the re -interment of the remains be in a location as close as possible to the original discovery. Three locations have been considered for interment: the Metropolitan parcel, the Miami Circle parcel, and Brickell Park. The Metropolitan parcel is not favored because of lack of soil and green space, and the presumed adverse public reaction. The State is opposed to re -interment at the Miami Circle parcel because this site was never used for mortuary purposes. The favored option for re -interment is Brickell Park, which has been a park since 1925, encompasses a Tequesta cemetery, and houses the Brickell mausoleum. The remains could be placed in the area of fill on the eastern side of the park. The problem with Brickell Park, however, is that there are unresolved legal issues dealing with ownership of the park. The Action Plan calls for documenting the Royal Palm Hotel foundations by drawing a scale map, photographing and videotaping hotel features, completing a Florida Master Site File of the site, and analyzing all construction features in a report. Artifacts from the site will be donated to the Historical Museum of Southern Florida and will be exhibited within a new art gallery in the Met Square development, The applicant is proposing using a 60-foot wide plaza and walkway in Parcel B to interpret the site's history, but has indicated that in -situ preservation of the Royal Palm Hotel elements will not be possible because of the building plan and requisite construction. Item #9 June 15, 2004 RECOMMENDATION A superimposition of the new construction and the Royal Palm Hotel foundations and floor, which was requested by the HEP Board at the April meeting, was not submitted in time for staff review. The applicant has indicated that this plan will be presented at the meeting. Because this juxtaposition was not available, it is difficult to evaluate why it is not possible to preserve any of the Royal Palm Hotel elements in -situ. The Preservation Officer recommends that the applicant continue to work with the City, State and Native American tribes to determine the most appropriate location for the re -interment of the human remains. Staff also recommends that the applicant explain why it is not feasible to preserve a portion of the foundations and hotel floor, as this would be the ideal plan for historic preservation. Furthermore, more information needs to be presented about the interpretive walkway to discern whether this is a viable alternative to dismantling all of the hotel features. Staff also recommends that final plans for the interpretive elements of the project be brought back to the Board for review.. Item #9 June 15, 2004 RESOLUTION NO. HEPB-2O044O A RESOLUTION OF THE CITY OF K8IAM| HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") APPROVING, SUBJECT TOTHE FOLLOWING CONDITIONS, ANARCHEOLOGICAL ACTION PLAN FOR PRESERVING AND INTERPRETING ARCHEOLOGICAL SITE ELEMENTS* UNCOVERED AT METROPOLITAN ONE (ONE M|8M|)' 'LOCATED ATAPPROXIMATELY 2DOGE2 wo STREET, 2OOSE no no 3 STREET AND 3OOBE 3 STREET, IN CONJUNCTION WITH ASUBSTANTIAL MODIFICATION TOTHE MAJOR USE 8PE[}l/\L PEF{NliT AND AS /\ FOLLOW-UP TO THE CONDITIONS SET FORTH |NRESOLUTION HEPB'2OO2~88. 1. The human remains shall be reinterred. 2. The applicant shall vVod( with staff and shall keep the Board abreast of any additional discoveries on the site. 3. The final plans for the interpretive elements Of the project shall be brought back to the Board for approval, PASSED AND ,ADOPTED 2004. 8ARAHEATON PRESERVATION OFFICER FAIFERNANOEZ File No, 13-0013 aotoxbaCole &BoniskaF\L ISKuNHAS BEEN REACHED pmTHE FOLLOWING MATTER: Mo�o�on��o ����u��M�P _ _ _ ����T�n�cZore T6-80-O 300SE3m Downtown NET Final Decision: Approval 0 with conditions [l Denial FINDINGS AND CONDITIONS The subject. | has been reviewed for Warrant Permit pursuant to Article 7. Section 7.1.3.6i61.1 of K8|amN 21 Code, d of the City of M|oDl|. Florida, which stated that an applicant may modify a special permit approved under a previous zoning code, aaaminor modification through the Warrant process. Pursuant to Section 7.1.3.4 of the above -cited Zoning Ou]|nance, thoP|ann|Dg and Zoning ,Department has made referrals bzthe following Departments and Boards, • Office of Zoning * Downtown NET Office, Neighborhood Enhancement Team Their comments and recommendations have been duly considered in this final doo|sion. This application has been reviewing, pursuant to S$odwn 7.1.14 (d) of the Zoning Ordinance; the following findings have been made: FINDINGS � The applicantky proposing modifications on the approved "Met Miami" phase project under resolution #U6'O1Dn.specifically, inthe "MetSquare" project. * In the new design, the project keeps the ,eta||/theab*comolex odQ|neUy approved under resolution # 06-0180 but will add m new hotel of thirty-three (33) flooro. The hote|'$ FAR /s provided by the remaining unused development rights under the. approved MUSP. '- ° The proposal is for g mixed use pn600t with four hundred fKb+mlx W66\ hotel units and 196.804 nq ft of retail space and the proposal wU| be more In compliance with YN|an| 21 In referenced toPublic Areas, setbacks, street frontages, $tu. File No,13,0013 • The Zoning Administrator has determined that the proposed changes, pursuant to Section 7.1.3.5(d)(5), are minor modifications and it Is recommended that the changes be reviewed by process of Warrant. • On May 17, .2013, a revised site plan was submitted to the Planning and Zoning Department, which replaces the previous plan on file. • The proposal was referred to Public Works Department and the Historic Preservation Office for review and approval. • The Public Works Department approved with conditions theproposed project, • Also, the Historic Preservation Office reviewed and approved with condition the proposed project • Pursuant to Sec. 7,1.2.4 (d) of the Miami 21 Code, the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient except for the issues listed above and contained in the condition. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 7,1.1.2 of the Zoning Ordinance, the subject proposal is hereby approved with condition subject to the plans submitted by the applicant and on file with the Planning and Zoning Department as well as the following limitation: 1. The applicant shall provide the Planning and Zoning Department with a temporary construction parking plan, with an enforcement policy and a construction noise management plan with an enforcement policy, 2. The pedestrian sidewalk shall remain at a consistent height throUghout. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works. 3. The proposed drop off area located at the north side shall be treated with decorative bollards and with the same materials of the proposed pedestrian plaza in order to be visually incorporated into the proposed plaza, 4. In order toavoid queuing spillover effect into street, oars in drop-off area shall be limited to a maximum stopping/standing time of five (5) minutes after which time they shall be moved out of the drop -area. Applicant shall reference this condition in any rules or regulations adopted for Met Square and any operations agreement with the hotel operator and the retail center operator. 5, All conditions of Resolution HEPS-2002-68 and HEPB-2004.48shall be followed, in particular: a) The Miami One Archaeological Management Plan proffered by the applicant and detailed in a letter from Robert Carr of the Archaeological and Historical Conservancy dated October 31, 2002,. shall be followed. From the Miami One Archaeological Management Plan: It is the Intent of the developer that such discoveries will be fully documented and _preserved whenever possible. A special area within the pedestrian plaza in Parcel B will be set aside as a public viewing space for the exhibition and preservation of any significant features. b) The project archaeologist, Robert Carr, shall furnish monthly reports to the Historic and Environmental Preservation Board, outlining the archaeological aspects of the project as they progress. c) The applicant shall provide a signed and sealed survey, completed by a licensed surveyor, of Bali significant archaeological structural features located on the site to date with a site plan of the proposed building footprint and proposed building pilings and structural elements overlaid on top. Significant archaeological structural features shall Include,, but are not limited to,. the Royal Palm Circle, the Royal Palm Hotel foundations, the well attributed to Fort Dallas, and the second Circle discovered on 2 File No,13-0013 the southwestern corner of the site in March 2013, This drawing shall be provided to the Preservation Office within 60 days of issuance of this Final Decision, and shall be updated quarterly as future discoveries are made. These quarterly updates shall be submitted with Robert Carr's monthly report for that month. d) All archaeological materials not remaining on site shall be fully documented, catalogued and transferred to HistoryMiarni within one year of completion of field documentation, subject to the terms of the existing archaeological covenant. e) All salvaged portions of the Royal Palm Circle, the feature located at the northeast corner of the site, that are within private property and in the adjacent public right-of- way, to the extent possible and subject to concurrence, permission, and indemnification provided by the City, shall be removed from its existing location by a skilled rock mason prior to construction activities commencing on the site, The extracted pieces of the feature shall be labeled, catalogued, and carefully transported and held off site in a secure location during the duration of construction activities on the site, Prior to issuance of a Certificate of Occupancy for the building, the feature shall be reconstructed in the 60-foot wide public plaza in accordance with a covenant to be provided by applicant prior to issuance of the master building permit. The feature will be displayed and Interpreted with signage for public education. The removal, storage, and relocation plan shall be subject to reasonable approval by the Preservation Office, As stated in a letter dated April 1, 2005 from Robert Carr to Sarah Eaton [Preservation Officer], "the circle feature will be out out by a rock mason to be placed in a secure location" and in a letter dated May 19, 2005 from Robert Carr to Sarah Eaton, "It is planned ... to attempt to cut out and relocate the circle, as its location falls outside and west of the plaza." f) To the greatest extent possible and subject to accessibility and other code requirements, the applicant shall re-create as faithfully as practicable the unearthed steps and veranda piers of the Royal Palm Hotel In locations to be determined in the plaza subject to the review of Preservation Office, Such re-creation shall include any suitable salvaged bricks from the excavation g) Full documentation of all portions of the Royal Palm Hotel foundations shall be completed as proposed in the Metropolitan Miami Archaeological Action Plan submitted by Robert Carr to the City of Miami Historic and Environmental Preservation Board and dated June 2004. This documentation shall be submitted to the Preservation Office within one year of completion of field documentation. This includes (as stated in the Action Plan): • Drawing of a scaled map of existing hotel foundations and features (HASS format) • Details photo documentation of the hotel remains • Narrated video of the hotel remains • An analysis and report of Royal Palm hotel construction features and artifacts (to be included as part of the final report) • Completion of a Florida Master Site File that will include a summary of history, physical description, location map, black and white photographs, and recommendations. • Space will be dedicated within the Met Square development that will include an exhibit of the Royal Palm Hotel and other discoveries at the site. h) All future significant archaeological discoveries on the site, including but not limited to: human remains, post hole features, building foundations, or features associated with Fort Dallas, shall be fully documented and preserved to the greatest extent possible, Notice of significant discovery shall be provided to the Preservation Office within 48 hours of discovery and will be presented at the following HEPB meeting as part of the monthly status report for the project, I) The applicant shall cooperate with the Preservation Office to provide notice of discovery within 48 hours, to fully document, and to provide for the appropriate disposition of any new findings that are not addressed in this approval, such as the circle discovered in the southwestern corner of the site in March 2013, and shall comply with the terms of resolution HEPB-2002-68 regarding significant discoveries, 3 j) File No, 13-0013 On or before Issuance of a Master Building Permit, the applicant shall enter into a covenant setting forth the design of the plaza, location of archaeological findings to be exhibited within the plaza and/or other areas of Met Square, provisions for Preservation Office review of interpretative .signage and elements, committing to construction and maintenance of said plaza, re -stating the above conditions that have not been completed, referencing and including a survey of findings to date, and providing for the appropriate disposition of any findings not accommodated in the plaza (e,g. donation to museum or institution). The terms of the covenant shall be reviewed by the Preservation Office prior to being recorded. 6. The applicant shall address the comments by the Public Works Department, specifically: • Continuous ADA compliant pedestrian sidewalk shall be required within the public right- of-way, including in front of the drop off area on SE 3rd Ave and 3rd Street, without requiring pedestrians to enter private property. • A maintenance covenant between the owner and the city is required for any decorative sidewalk or landscape approved and permitted by Public Works in the right-of-way, • A "Notice of Intent" issued by the Florida Department of Transportation is required prior to obtain a building permit. 7. The architectural treatment of the podium elevations shall be subject to further review and approval by the Planning and Zoning. Director prior to the issuance of the building permit. NOTICE The final decision of the Director may be appealed to the Planning, Zoning, and Appeals Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appro ate e with the Office of Hearing Boards, located at 444 SW 2" Ave., 7th Floor, Miami, 33130. elephone number (305) 416.2030 Signature Francis</' �. Garcia, Director Planning and Zoning Department ARTICLE 4, TAiBLE 12 DESIGN REVIEW CRITERIA I) BUILDING DISPOSITION: Date . /-/ Applicability Compliance (1) Respond to the physical context taking into Yes Yes consideration natural features, existing urban form and Transect Zone intentions. (2) For Buildings on Corner Lots, design Parades to Yes Yes acknowledge all Frontages. 4 KONIVER MEMO STERK!cRou RETAIL REPAL ESTATE & BROKERAGE Date: February 3, 2014 To: Luis Pulenta From: Lyle B. Stern Re: Met Miami I appreciate our conversation regarding the retail podium at Met Square however it is extremely problematic and concerning. This project has been in the pre -development stage for many years and has gone through many iterations in order to accommodate the tenants that are currently committed. The Silverspot Theater has been meticulously planned, re -planned and laid out in order to accommodate the complex structure required in an urban envelope for a multiplex premium theater. This has involved physical theater layout, infrastructure requirements, access, vertical transportation and emergency egress. Stacking that box on top of the first two floors of restaurant and retail required extensive, elaborate planning giving the tightness of the site and the vertical transportation and interior connection between the floor plates that are required. Changing those floor plates at this time will cause for the tenants currently committed to the site (Silverspot Theater - 100,000 SF; LDV Hospitality - approximately 20,000 SF) to terminate their relationship with this project. The complexity is not only of transportation and access but also of delivery, pedestrian circulation, customer circulation, interior restaurant configuration, back of house, dining rooms, patios, etc. Again on a very tight site, it required almost two years of extensive development planning. The solutions that you have proposed would not be acceptable and would render the site, from the retail/restaurant/cinema perspective, virtually unleaseable to these tenants. Additionally the time delay being encountered is already posing the great potential for SilverSpot to terminate their relationship with you. Paramount was your ability to deliver by Fall 2015. That appears to be very much in jeopardy. I am happy to discuss further at your convenience. 1665 Washington Avenue, Penthouse Miami Beach, Florida 33139 T (305) 532-6100 F (305) 532-6101 www.koniversterngroup.com A 0 1 C O+ 1 Level Ground 2LS2'e 1 Theater Lobby MB SF FPL Vault 1201 'F C 1.. Mactnr J 1ED SF Retail Trash Retail/Restaurant PROP2'O 0 1 E 580"59'22`W 220:01' RP& GUTTER ST RAN LINE Mail Rdom Lpgg'a 112 SF Legend 0 Cinema ❑ Hotel BOH ❑ Hotel FOH ❑ Retail ❑ Service 0 1 H NICHOLS BROSCH WURST WOLFS tee..., tbve.er 22.2113 11032 A301 T I I I 1 A B C (DQ a:2 n C 0 0 0 F G II 0 00 I UU N ICHOLs ~ 1 1 1 1 [ i �sw.rre�. ��� T ; E - I! �.-- _ _ _ ,.\ ____ — Cb _ % 1 / Eme enc Q o Break FgelCopy ` o b i� Genera r r 499 SF M ac, soma! ' erer ev.Mg z aaa to Count 1- - W / ElecVica'' ehies vweftr ear 9 Dom. - Fire 7 I — 11 ' Open Office r Al I Pump Pump Robms 1 Bike Storage T; ,ohdoj. —■ - bElecdica Retail 64_0. asp 6he _i0 I - — - I Bhr l —1I a - J 3 J.5 _ _ _. . Theater I Circelation. 'L I en. Mgr. Star. ti 3 St 1111 III 1r '1111NI I1414 M MI e vn1t -------- I 1 � iii ,,—c _ KJ ...... -- .. , — I1 1 V E — — - Teerrrac / F F Fh 1 1 F El 1. � f wpm„ . — �i� W L m E. a o LL d x,. °"w.11 1 RetaillRestaur4 t 1 a Met Squ SE 3rd Street, Miami, EVELOPED BY: MDM C 4 1 f teas SF ❑ 5 " 1 b 1 — Legend ItCinema 5 p ■ 1 ri 1 Hotel BOH Retail ERetail Covered V 0 Service _ Terrace t Terrace RS1 s Nwsmbm. 2013 rv1 t i 1 P.M 5#, L 1 ® a 2W-Y� i2 a^ -a,rz of s el T Level 2 A302 J A C C • ri .o,a , r _a,rz42 f CI 11 1 I '1Q 3„a 3 11 0P 0 0 O 0.0 1 1 NICHOLS BROSCH MAST z I 1 I Ll1 i omtio 2 J -=='I _ _ • o MEI- III 0— W WI Lir St. it L1111 �____'�.•; _ .. - L � -.-10 4 Met Square iE 3rd Street, Miami, Florida: ELOPED BY: MDM Developn ._ II (11)— - - f�_ •I-.X--__—I -®-I_- :.. �■ I I_ LJ I Legend _ r 1 1 1 El Cinema n Service 1 k;l I � Imo. . `- .__ zs, aia .n�� �r�� .f - Ii bb (5 ck b b mm € T rtosz = re 3,� 0Level3Theatre Pros ''-v' e I rx I 0 i n I r 1 c I n I ii 1 A303 T A 1 B C °l cp— E.2 1111111111111C -111_ OLevel 4 Theatre nor+ Q 0 woungi Iloa 0m - 2 Legend Cinema 0 Service NICHOLS BROSCH WYJRST &OLFE It. WAW , \ P .M November 22 e'413 11032 A304 G r A D Too 1 C i lad ? 4.2 1 D I ` �) l C r+ l \ r� � � / F G II I O 00 i NICHOLS BROSCH WU ST WOUE iswanns.mc 0 ——� - I- ,- . � �= -- fib: of I� �� 1 III I-- �_ - _: •- i- ' J.) 3 - 1p11 q l "�,,o. 1 ` ease Theater Floor i.- L " I 1 El 4 Met Square E 3rd Street, Miami, Florida 331 ELOPED BY: MDM Developmen - I' I Legend II ❑ Cinema I r 0 Service L__ II rears, ais 0 1} _ _�..-mlk_Ili-- r St #1` } O a 6 6 0 0 0® s- 04111 I ' Leevel]heatre s T • 11032 h• 3 i n n r i n r i r n „ i , A305 T 1 T A c- C 1Ol11 tad 3.81a) 4.2 Y St. o 10 1 k- Jl Upper Theater Floor Not Enclosed 1 Sig .marn ji OLevel 6 Theatre aws 3nz=ism 0G O Legend Cinema ❑ Service 1 NICHOLS BROSCH MAST WOLFE r,11. Am.. \ NMI Y,Icvarther 22,2,13 11032 A306 c G 7 A 0 f C D E F G 1B 4 l 1 III 1B 28 09 4:2 {off NOTE: Samna to De eccwllrptlaed IVINIssreaa Ftecaroni Hums a"worN Rom, B ose re twn ar os Lockers, le Sforageand Janitorcr `Refer to. magma, for rWull dimensions. I I 5F2a PA59-TYRO AT ER "RUSE. TM 7- -I -- _ � NOM' Spaces ia ces to be In Ih area e Director of Services°Mice, Clean and Dirty Linens, Chemical Storage and equipmen morn. efes to MON pmgnmlof required dimension V1 -I—El-� —� NOTE um toSe Nis area are Roos -pa Director of ng n dac OM�ce, APresnce Sea. ShoR lWorkahan m Ianpp CoIwml Storage dimensions dS�ape. Ted itAVW rimm.niquasa �o ng .7CNi2R N11 NOTTE: Spaces tons be accommodated In r House keeping Manager office,, i SosISk Founil, HMaln ousewares Storage, Belli mrage,�ing and Equinen pment Issue Coon. , Glass Pment Cage. Refer. MWg program Mr roma. ill earwig. Mechanical Room DASHED LINES INDICATE POOL STRUCTURE ABOVE (BOTTOM OF SOFFIT BEAM IS E-6,BOVE FLOOfi SLAB) n I) St#1b L 1A 1 O 28 (9 O5 Level 7 Svc./Mech. 5) S Pool quipment T_ u I r St: 54b ii ! \J 0 2 4 5 s NICHOLS BROSCH WVJRST WOI.EIE AM COME I. Melba= \ Pining NoVemberYe, A13 11032 A307 A c F C A B C D C 0 Level 8 Pool Deck Seem Drawings for F .ess center. Fitness Center 306 SF Open ko Below St#1b -3 See l0 Drawingsisr Sp. Meeting Rooms See IG Drawings for Pod ear and Grill. Pool Barg Grill —1m sr — Pool Deck 15679 SF Pool o en r5ia�cFp ru Ia o Beach Entry 629 BF 'Lobby 3705F— Children's Facilities 254GSF Exerior Play area 4 5 NICHOLS BROSCH WVRSir WOLFE .rtroaau, lIC. MKNr.\1.9 Nmm1.22201.3 11032 A308 2' A F C PC WserslalemesOocumsnlsftevll Local Fllss1Met5O_CantMlefemes.M 11,6/2013 12'.31,15 PM Karl. Pra.4 Key Valle Keynote Text (3.8) (4.2) 2A) ( T 4) Y Sl P1-South-ELEV 1 .00" vte•=r-0° MASONRY: (PAINT SUBSTRATEWBMOOFKSTOCCO i PAINT MESH: SEERAMS, SITNCMMMM RAL LLi SPECS. (PAINT COLORS TO BE SELECTEE BY ARGHITECT). PREENGINEERED ALUMINUM E. GLASS CANOPY ASSEMBLY WIMOD -ON FLUOROPOLVMER AMEX, SEE MANUFACTURER SPECS AND SHOP DRAWINGS MOTORIZED ELM IMIM OVERHEAD COILING GRILLE WIBAXEDON RLN)ROPOLYMER FUSH.SFE POOR SCIEPOIZ ALL BMTEMOR ALUMINUM CURTAMWALL SYSTEM WIBAICEO • ON FLUONOPOLYMER MASH, ALL IMPACT CUOMO REQUIREMENTS FOR LARGE MISSLLE RESISTANCE. REFER TO NOTES. SEE RAMS FOR CONRGURAm»t COLOR TO BE SELECTED BY ARCHITECT. SEE DETAiLS SPECS. Ell (5) (61 (71(a) (9) 110 I I I II 4 - I III'7NI�W�IWe W N L"e"te132 353_g•.J Lacl313'-6" 35�1 03130 _6,"s 333'-B" 323'I-5.� s 313' 6 eel ]6 1. 3N'�C1� 293'1-5" l 233I6 0 2_vel2. 3 , L233'evel 6" 233'1- IF3'6" !!�� -_pPS0 21311616 �� -`2114- Leve3' 15 - - 19-6" _Level 133'-6" LL�113 1. --189•11B^-'y VA-hid ���11h" id Lev" SP11T-61_ Level T Svr 1W'-S C" V Levu sz-a' • Lave. 3-s CO O O L— Met Square � i®� o . V iir�ino f) /.� 300 SE 3rd Street, Miami, Florida 33131 �srM . IIJ DEVELOPED BY: MDM Development I C\UserslalameslDacumen01Re+N Local FieslMet30_CentraLljames.M 1126/2013 1239:92 PM KrynAM VPM K21 W Iue Keymm Teo ETT Al erg) e yE2) Yr �) P1-West-ELEV A001 4H6"=1'0 11 01 MASONRY: CMLLOONCRETESDESTRAIEWFut000TNSTMGCO& PAINT FMSNiSEEFLM18.STRIICTURALDWOS0 SPECS. (PAINT COLORSTG BE SELECTED BY ARCHITECT). 09 PREENGINEERED ALUMINUM 8°LASSCANOPY RSSEMBLYWI BIKED— ON FWOROPOLYMER FIN ,SEE MANUFACTURER SPECS AND SHOP DRAWINGS SS MOTORED ALI&1 INUMOYERHEAD COILING GRILLE Nat.0.DONFLUOROPOLYMERFTL3H.SEEDOOR SCHE0OLE. 21 ALL laTERIOR ALUMINUM CUMA3EREL SYSTEM WIB.0333- ON FWOROPOLAIER FRISK ALL IMPACT OWING REQUIREMENTS FOR LARGE MISSILE RESISTANCE. REFER TO NOTES. SEE PLANS FORCONRGURAIION. COLOR TO BE SELECTED BY ARCHITECT. SEE DETAILS B SPECS. ElT (-M 1 T Machine Room Roof II t 414-4 965 -§'• V _ 334 -—--313' n6"`1 1-L712. 303'-6" �l I 263'6" Leal 1 253' -6' y T 0 Y — --— - 23i�11. 1_ �el �l t =e,3'-I 6" Vl• 62'-C' ;tra I fR W N 03 C7 Met Square ;# i- (c >) 300 SE 3rd Street, Miaml, Florida 33131m�t,� , /�� DEVELOPED BY: MDM Development g XGi (/ R\UserslafameslD¢umenlsYievll Local Fllss1Me[50_3entmLaiames,M 1103/201312421e PM J 0e 1 N 1 A KrynANLegaq Key Ve lue Keymm Text IM) r + P1-East-ELEV A402 / 1 N6"=1'-0" —1- 4 Itj 01 MASONRY:alIACONCREIE SUBSTRATEWRM00TH SMYCCO& PAINT PNIMS SEE PLANS- STRUCTURAL OW03.11 SPECS. (PRINT COLORS TO BE SELECTEE/ BY ARCHITECT). 0e PRE-ENGINEERED ALUMINUM &GLASS CANOPY ASSEMBLY NV/ BAKED— ON FUgROPOLYMER ASSN, SEE MANUFACTURER SPECS AND SHOP DRAWN. 13 MOTORED ALUMINUM OVERHEAD COILING ORRIS WEIRKEDONFUaOROPOLYMER FINISH. SEE DOOR SCHEDULE. 21 ALLERERIOR ALUMINUMEMMSSI.WALL SYSTEM WIBM®- ON FLUOROPOLVNFR FINISH, ALL IMPACTOlO21NG REQUIREMENTS FOR LARGE MRESISTANCE. REFER TO NOTES. SEE IMAMS FOR CONFIGURATION. COLON TO BE SELECTED BY ARCHITECT. SEE DETAILS 8 SPECS. Eft Machine Root, O1-!- T 3IXi'_C' l Level a pool11T° ' Level1 Gmund" "I'� D G) I U A W N co N Met Square _ -�®. z( , ) )) 300 SE 3rd Street, Miami, Florida 33131 i� FP �. m �0 �� DEVELOPED BY: MDM Development sn L. .= c\Userslalemesl➢acumenls\Rash Local FllsslMetsO_CentMlBfemes.M 1 1..01312'45:09 PM Kay Value I Legend Keynote Teat tl1 Ell W Lsr-a'eId S x (7) P1-North-ELEV OI MASONRY: CMINCONCRELE SUBSTRATE WASMOOTH ST11GG06 PAINT MUSH; SEE RAW STRUCMRALDAIS.8 SPECS. (PAINT E SELECTEDBY ARCHITECT). O9 PRE-ENGINEERED ALUMINUM B GLASS CANOPY ASSEMBLY WI EANED—ON PLUOROPOLYMER FMISN, SEE MANUFACTURER SPECS AND SHOP DRAWINGS f] FLUOROPOLYMER FMSH. SEE DOOR SC. -DOLE. 21 TALL MEMOIR ALUMINUM CURTAINWALL SYSTEM WIBANEO • ON FWOROPOL1TIERRGON ALL IMPACT GAZING MI REQUIREMENTS FOR LARGE SS. RESISTANCE. REFER TO NOTES. SEE PLANS FOR CONRGURATgB COLOR TO BE SELECTED BY ARCHITECT. SEE DETAiLS SPECS. L_ Met Square i®��z { 300 SE 3rd Street, Miami, Florida 33131 ( ,wiin2 =6 ( B , sin C- ! Il DEVELOPED BY: MDM Development 3 4 6 0 L A 1 B �1 2 22 s-Dr KJ 0 0 C 5. D (0 E 1 F 1 G H 5.5 0 0 7.8 O �) Lo• )�)I.'L 1 ,r EA 201 1 / I 0 2.44.4 36E35 0 2AP5 ■ 2b3 A 2a,24 3P3 B C ❑ D E 1 F 74 08-1 1 FOUNDATION PLAN snv xuE:4'=r-v es ESP Of SEAS ELEvAncx = DV, u.O.N. ow PLAN. S CONCRETE SAD TO BE 1, THI0a PRESSURE 4AB AS SNOWING ON °RASING MI. EPTH AND REINSORCESEHT OF ME CAPS. SEE DRAM. S020 SERIES. 4. MR DTMICAL EWNDAINN OPALS ASO EENERAL NOTES SEE 9030 SEISES BRAWN.. 5. FOR PEP. EOMMDArpw MOTOINS SEE 5050 SERFS DRpYONGS. 6. FOR DAR PLACEMENT IN SSEAR WAD,. SEE S{00 SSIES DRAWINGS. ,F2R.Ncsx11 SEES RsxEveaMENT AND TYPICAL COLUMN DETAILS, SEE S500 SER. a. ply, CAP MAMA Offal -Gs wit DIAMETER axD NUMBER Or PIES EN ST wl£ GIMP_ EXAMPLE. 21 a DESIGNATES 36 IN DEM ETER, TB DIM IN MI5,UE 2AOIS, 0U f .019.1 Basco axxNsmcm Ix cu Odra vAT WO BY EµcHE WIRED. ARINO)CAP CwrIS FOUND. D. BE LORBR[D TOprx eEARIAC CAPACITY ¢ ES W ID,n` F o o DONE ADJACENT smucnRDs WOULD BE IMPLEMENTED oMnwc CONSTRULDON II. MR MAT TOP a REINFORCEMENT, SEE CRAW. SOSO SEREES rz. TAP OF CRAM BEAM ry BE L.e BEircw roP OE sue. D.o,x. Ox p.m av- INDICATES 3m BARS. INDICA-ELS e.® INDICATES SLAB DP SLAM ., .INDICATES MI, IN FIELD. . INocAIES UNLESS oME.RIN. Maw. p. INDICATES CONCRETE COLUMN AND SxuxwAm... n. TV. INDICATES TYPICAL. I. o IS IBM o m DE DOWN PELF. NDICATE ITS ADP COMPE.SESON PILE. Q INDICATES is m Acw TE I.N m/COMPRESON w� G H 3 4 5 6 7 NICHOIS 0ROSC 1 WURST WOLFEMC. liniN YAQ 11032 S010 J 0 4 0 0 L A A 8 C 1 D Ts F G ( )t1o.8l1; 1_Eo,E- T 1 J _ �� / \ f 1 I Lme 1 I I __ I EN = mi �a°� ; „ I 1 L, z:, 0L -- : nz J / E o — Fr LJ r Its ▪ — — 7 r-- ---f1 I P — IL r— ,— r+-1 I- lsEa " I I r_1 a r 1 1 Li I 9�L J 2 srt E 7 . �� �1 I b I I M r 1 1 1 1 L L_ I I J 1 r F- I �� :IA' L 1 I �—, 1 ez �1 \ ,1 ' / I \ 1 r 1 / { \ 1 /H v =— r II ,\ i 0 ® ▪ 1 I — J — 1 I. 1 ° 7-1 C •a6 r TCi`a' 101`� L--fi LJ D L 7 01;& 7 E 2-8202 Ede 2180 G — r — J H LEVEL 1 (GROUND) FRAMING PLAN a. SCALE rNIT-ST KIES S. Slila 70 0000 1. 00.ETOL AEINE000N0E0 S p00002. mTOPuSs2—K. 00700M 00 Dro000 oEMAO. n°a'n,TI.I& M AR,7,10 sr u.ESS Or wnM.wcEucrv. **L BE RACER w TME A FOR SOLES ASO MEND. SEE DRAWN. St721 AND S202 SEE <wo,�rzEsSPUTA, p�E w. ANDAR swh c ERS Nns roas 0 OxuoN1,s0C`00000 002➢t070 JEc02 0S R URINE, PADS MO SUPPORE 7 SEE .00 DRAWL* SERIES FOR SHEARVALL DETAILS 3 4 5 6 7 NoCHOLS OROSCII WURST WOLNFEArchIcantL IC. YAQ 11032 S1O1 J r 0 2. 3 0 (1:8) 4 (Al' /4721) (-7-4.5 1-4.5) ( 5 ) 5.1 5.6 „ 6 .1 6.2 . ;. 6.5 . . , ; 6.7 , 7.B B ) ce_rs 0 9.5 10 CO I 1 IMEMEIIMMEr r- ' 111111W31•11•121•1111111 , ..-5), A.5 ' i NV MI A QS Sr L 2.2212 OPEN. SHEARVIALL BEL I IP _ -26 mi • EMMEN 25 -57 BM 1_ ,, , I 24220 8 I III 501,4.) 0. 0, 1,,,_,, 2 a• 1=0 I S8202 259-54 q 7 -1 22,2 IIK AMP IWO Wt2D 2 .2 2 I N.. // 1 I It-6. - -I I- IIIII I I I I'5I I I I r , HERR I 7 I ....,: 1 E ) N\N , 1 . i 11 illinliI (. 2) aiffli_i i . A 1 11 , „ , 22, 1„ 0 i iii I _ _ _ - -I:" _ _7 _r _L I 210 ..? ... . iimi •I t 24. JOST 2.-25 L I ,,, o fl I , _I - -I' .. I" I 111 0 2S2-92 0 mEauemilliMINI I I _ '4411114.61 I 2 1 1 ' 2 - I I I IlilE II I I PIMP& . ;.1 . , MI 9 1 ,6 4 .c ,2.66,066.6„ _ 1 2211-20 A 2S8 21 51)-22 i_ _ 1 2,22 Inal - . .r. I 1 22. I I I Ix I I - - - - - 2 2210080 , 102 . : SCPR1 KAN I I lapi, ( 1 . L F.RAELCLEMO2N2Z,IN02a E.1V5f1RE A5257N-12 2F2= 10 1'21 ili I 1111 111 l I I 2C 1I 1 T.2L93.. O: 126,27012.12.TE.S. 0 -1 I .fiii 1 II 11 11 11111011 NM III 1 :A 21SES7HpA2_L:LL SCE.E DKRMAM. S S002 I 122PICAL -WRNS S. STALL BE 22. 2212.. Reng-oRao 2122 2.2 0.0. ERN WAY. 0.0.N. BOTTOM LATTP. S., BE PiPPENDLOILAIR TO 201215, .2 I • I I II I I III iiliililil III II I I SPD1110222 BOTTOM AND TOP REINFORCEMENT SWAN ON PLAN. I 2. RV PLOW BRYON SUDS, OPP DRAMS SOOT. 5. MR CONCRETE DEW SCHEDULES HID TYPICAL DETAILS. Sa SUR SERIES. K.8 1 I 111 I I In I il ll• Ui iiiiuiui• 1 II III I I s. ECR CONCRETE SHEAR VIAL CORE REPITORCEPIENT. SEE 5200 SURES. . SCR CO2222 SCHEDULES AND 7212222 DETAILS. SEE S500 SER.. 2 2,,,,, 0 I „Ell T MI -Ligi- P --- SI PSE,9 I , 16 NI S. MR ISPICAI SIM FRAMING OSTAST.S. SEE S550 SERIES. • , - _ _ O. SRI PACHOECTORA2 1.20/OR SPRUCE ORM. PCP 2.48 - - 1- 22,2t _ _ _ - 24v - - tx,e 3 I AT MARIN OF FLOOR DRAIN AND SLOPE 02 UN. E.00R agl,=fgal-raWtr''. O. rot SLAB C. ECJIPMENs PACS AND SUMO,. CANT 12' CMO 1 I I 1 .. 0. 20222. OF 202-2022 PEAR. CM PARTIRONS. E 22,22 AND sa 02 coos. 22222 pOI 0 I I ; F. UMW CORMS 2222 SUPPORT SYSTPIS MI 5 III Al =M ' -1 r 1 , i I II 11 ••• MEM I NMI 1 . ifilmEm IS" CO9 II 12. TV. US WALL SITSEZETL'ET'OR I RE121-. 175) IS I up"' moos 1 ii 10' 61 Ag 29 IE.' lIr. ... II' 9(7_5,1 lir2c12r1 ..e. N CHOLS BROSC -0 WURST WOLFE ISSCON22.. NC. .11116-126 PIM.. VAC 222.2E22.121.2. co2.221122.0 enICINEElas 222 2.26,12,2262ET 4.1,11%7V3r3 G 0 2 DEVELOPED BY: MDM Development 11032 S102 GRAPHIC SCALE 2, s'b yyy 70' R/W (P) BO UZTIDA R,Yr S'fl VEI-FY7 59'22 w "MET SQUARE", MIAMI, FL N89S9 O3'E 222 2191BOL FOE ND GL YORE I xnc SIGH, CPBly'L, ® s a0 xc xmv 9 EVIEZSEEROELES MEN"' K2 AS CONSPONIS ODRAINAGE MAIINOLE 666 SEEN" PE' WI AS PAHNOL I ® CREASE ANN..c 211 � 1�1 '1 I�IIIII I I I III A 11 I I I ICI 1'1,lF- I, A li'1111;rr-- - EI 11 1 L1L.� a, J L ®J�'� ARCHAEOLOGICAL FE,LIRE INDEX SS 0 oOPO��E,PDc Aremuo:OGOw RA, RE YE mTA „MLR NUE w�swc eu�iaxc uuns lO - 3RD AVENUE CIRCLE p - MIDDLEDORCLE 0 - sixTH CIRCLE my OTHERS SEE NOTES) © - ROYAL PALM CIRCLE 0 - ROYAL PALM CIRCLE E HOT. Oe - ROYAL PAL, HDTE'L STEPS 0 - ROYAL PALM (TYP) - AeulEex HOTEL SE REMNANTS - HISTORIC TRENCH ®- ORIGINAL SHORELINE ASSI „ES SORLAREF 02 ,2 0 ,nE JAMES HAGAN DCIVA ON N ,nE DFEIOAL og2,V2aN, SURVEY CE ,ONNSn,P 4 SDU,n RANGi 4, EAS, AND ftAN'a - BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN AND ARE REFERENCED TO THE SOUTH R OF - LINE OF St nrA0 MENs roNYC R IC EVEH-SrOE RY A,EREs, ,N ,nE AD IA011 s,AIE mLwwAYs O ANwN As S17T 2A:DIs ANA.D'Uu. wAY NO - ELEVATIONS SHOW HEREON ARE BASED ON NATIONAL aEOA`,' roRTICADATUM OF 192A (NGVD-29.) ANDARE REFERENCED TO ,,,E 1025-02E-,D.332 NCVD 29). NA 2920-298-2 JOB NO. 030951. FIELD BOOK NO. 508i06-08, REC. ORDER NUMBER 03-277E2, DAZED I2-29-2006, DRAINING - TIES FROM PROPERTY LINES TO BUILDING ARE 70 THE EXTEMOR FACE OF BUILDING PERIMETER WALLS; UNDERGROUND FOUNDATION HAVE NOT BEEN LOCATED OR SHOWN „ARE 3F FL ORIDA OLP„ PE OF „RIC59„RE LB- 0000129 PROFESSIONAL SURVEY OP AND MAPPER NO. 5995 SPARE OF FLORIDA oF4LED,,,,L,.g.A,7,..EUSING A LEICA CEOSYSTEMS C10 LASER SCANNER SAID FEATURES 20 J LL 5 5 aA MDM DEVELOPMENT GROUP 03-62530 1 OF 1 DC-5028—BND—TEST PILES-3 Comparable Archaeological Sites and Development Projects Fort Dallas, Miami (Relocation) This native oolitic limestone building was constructed around 1844 as slave quarters on William English's plantation located near the mouth of the Miami River. The building served as a U .S. Army barracks after Fort Dallas was reestablished here in 1849 and 1855 during the Second and Third Seminole Wars. Moved to Lummus Park in 1925, Fort Dallas is one of only two surviving buildings from Miami's pioneer era, the other being the William Wagner House, also located in Lummus Park. Page 1 of 12 2/7/14 African American Burial Ground National Monument, New York City (Redesign) African Burial Ground National Monument at Duane Street and African Burial Ground Way (Elk Street) in the Civic Center district of Lower Manhattan, New York City preserves a site containing the remains of more than 400 Africans buried during the late 17th and 18th centuries in a portion of what was the largest colonial -era cemetery for people of African descent, some free, most enslaved. Historians estimate there may have been 15,000-20,000 burials in what was called the "Negroes Burial Ground" in the 1700s. The site's excavation and study was called "the most important historic urban archeological project in the United States." The discovery highlighted the forgotten history of African slaves in colonial and federal New York City, who were integral to its development. By the American Revolutionary War, they constituted nearly a quarter of the population in the city, which had the second largest number of slaves in the nation after Charleston, South Carolina. Scholars and African -American civic activists joined to publicize the importance of the site and lobby for its preservation. In 1993 the site was designated a National Historic Landmark and in 2006 a National Monument. In 2003 Congress appropriated funds for a memorial at the site and directed redesign of the federal building to allow for this. A design competition attracted more than 60 proposals for a design. The memorial was dedicated in 2007 to commemorate the role of Africans and African Americans in colonial and federal New York City, and in United States history. A visitor center opened in 2010 to provide interpretation of the site and African -American history in New York. • Gateway aka[ad'v. r .Managemer! Offrce""� Page 2 of 12 2/7/14 DUANE STREET Visitor Center entrance Walk on sidewalk between Visitor Center and National Monument security ChecFpoie *America Song Pay Clydk: Lynda LSecurity Checkpoint lay Barbara Chase-B 8out7 AFRICAN BURIAL GROUND VISITOR CENTER Page 3 of 12 The New Ring Shout By Houston Cannon, Joseph De Pace, and EBtela CoewiB Maroio Renewal* By lam,: Aryl Africa Rising • • Unearthed By Frank Bender Undded• By. Roue! Brown Ted Weiss Federal Building 290 Broadway REAUE STREET AFRICAN BURIAL GROUND NATIONAL MONUMENT 5 2 cc 2/7/14 Pointe-a-Calliere, Montreal (Redesign / Complete Preservation) The Museum was founded as part of celebrations to mark Montreal's 350th birthday, and owes its existence largely to the significant archaeological discoveries made on the site during the 1980s. In fact, the Museum and its site are inextricably linked. Rising above evidence of more than 1,000 years of human activity, it houses remarkable architectural remains, displayed in situ with absolute respect for their integrity. Pointe-a-Calliere is the only sizeable archaeology museum in Canada. The hundreds of artifacts it houses are grouped into six main sections: the Eperon, a modern building that has won many architectural awards; the archaeological crypt on the lower level; the renovated Ancienne-Douane building (Montreal's first Custom House), the Youville Pumping Station, the Archaeological Field School and the Mariners' House. 11r 1110. iP *40-1011;1 YOUYILLE. PUMPING STATION HARMERS NOUSE ANdEMIEMOUANE ERELONG PLACE ROYALE AND THE ARCHAEOLOGICAL CRYPT Page 4 of 12 2/7/14 Brea Tar Pits, Los Angeles (Complete Preservation) Located in the heart of metropolitan Los Angeles, the Page Museum at the La Brea Tar Pits is one of the world's most famous fossil localities. This onsite Museum displays Ice Age fossils — including saber- toothed cats, dire wolves and mammoths — from 10,000 to 40,000-year-old asphalt deposits. But visitors can also watch the processes of paleontology unfold. Every day inside the glass -enclosed Fish Bowl Lab, scientists and volunteers prepare fossils including "Zed," a recently discovered male Columbian mammoth. The Page Museum is currently excavating and studying a cache of recently unearthed fossils known as Project 23, an endeavor that could double the Museum's already tremendous collection of more than three million Ice Age specimens and inform decades of new research. Outside the Museum, in Hancock Park, the Pleistocene Garden and iconic life-size replicas of extinct mammals depict the life that once grew, and roamed, in the Los Angeles Basin. 6TH STREET T MY ��.i tidr�...•w•1. HI- rl- _:4 - - a yO a9 �...Yf t t @ tt t II a ee .� DON'T KNOW WHERE TO BEGIN? SUGGESTED TINERARIF<_ Page 5 of 12 2/7/14 Surf Club, Surfside, FL (Redesign / Complete Preservation) The Surf Club offers an example of a current Miami -Dade County historic preservation project. Here, the new hotel tower will be floated five stories above the historic building using a central, core support shaft. Page 6 of 12 2/7/14 Small Footprint Towers (Redesign / Complete Preservation) Many cities today face issues related to space constrictions and new development. With urban centers already densely developed, new towers must be constructed on small, constrained sites. While the footprint of these towers remains relatively small, it does not restrict the height. The result is tall, mixed -use towers supported by proportionally limited footprints. Hartford21, Hartford, CT 34 stories, 11,000 square feet at ground level University City Science Center, Philadelphia, PA 28 stories, 15,000 square feet at ground level Page 7 of 12 2/7/14 One57 (left) / West 57 (right), New York, NY 75 stories, 6,240 square feet / 1,300-foot height, 60-foot wide parcel Sky Village, Copenhagen, Denmark Narrow footprint with upper floors cantilevered over ground plane Page 8 of 12 2/7/14 Mission San Luis (Complete Preservation) Mission San Luis offers a best practice example for an extensively preserved archaeological site with all features retained in situ. Preservation at Mission San Luis focuses on interpretation. Central to this effort is the research -based reconstruction of features, including the Mission building, Council house, fences, etc. Visitors are free to walk the site, experiencing the landscape where the Apalachee Indians and Spanish missionaries lived together. • State-owned, managed by Board of Directors • Listed on National Register of Historic Places • National Historic Landmark • Preserve America Presidential Award Winner • Extensive Educational Programs • Reconstruction based on intensive archaeological and historical research • Design and reconstruction efforts began in 1996 Archaeological excavation informed the design of the reconstructed features. Reconstructed Council House Page 9 of 12 2/7/14 1705 hand -drawn map depicting Mission San Luis was a valuable resource for interpretation and reconstruction. Reconstructed Mission Church Reconstructed Council House, Interior Page 10 of 12 2/7/14 University of Florida Historic St. Augustine (Complete Preservation) University of Florida Historic St. Augustine (UFHSA) is an innovative approach to historic site stewardship and management. UFHSA is a direct support program operated and managed by University of Florida, created to ensure the long-term preservation and interpretation of state-owned historic properties in St. Augustine. It accomplishes this through historic preservation initiatives and educational programs that respond to the State's needs as owners of the site. Oftentimes, government agencies are overburdened in terms of the amount of public space they own. Efforts to actively preserve and interpret historic sites can fall to the wayside as available funding and staff resources are allocated to provide basic maintenance and operation. Creating a direct support organization (DSO) maintains State -ownership while addressing common management and stewardship concerns. The goals set forth by UFHSA include: • To preserve, restore, reproduce, maintain, operate, and exhibit ancient or historic landmarks, locations, sites, monuments, buildings, remains, or other property of historic or antiquarian interest...and to gather and disseminate information... • To assist, promote, provide for, establish, maintain or operate museums or other places for exhibits... • To promote research and education... • To solicit, raise, accept and receive grants, gifts, and bequests of money or property... Tours and demonstrations help interpret St. Augustine's historic 2-acre Colonial Quarter. Page 11 of 12 2/7/14 Government House Museum was recently restored and reopened to the public. St. Augustine Architecture UFHSA provides a digitization lab to support preservation efforts. Page 12 of 12 2/7/14 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com File Number: 14-00098 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY MDM DEVELOPMENT GROUP AND RETAIL, LTD, AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRQNMENTAL PRESERVATION BOARD, WHICH DENIED AN ACTION PLAN FOR PRESERVING AND INTERPRETING ARCHAEOLOGICAL SITE ELEMENTS UNCOVERED WITHIN THE DUPONT ARCHAEOLOGICAL CONSERVATION AREA AT THE MET SQUARE. DEVELOPMENT SITE LOCATED AT APPROXIMATELY 300 SOUTHEAST 3RD STREET, MIAMI, FLORIDA, WITHIN AN ARCHAEOLOGICAL CONSERVATION DISTRICT. WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the responsibility of preserving, conserving, and protecting properties of historical, architectural and archeological significance located within the City of Miami ("City"); and WHEREAS, the property located at approximately 300 Southeast 3rd Street, Miami, Florida, is located in an archaeological conservation area; and WHEREAS, a Certificate of Appropriateness for Ground Disturbing Activity in conjunction with an application for a substantial modification to a previously approved Major Use Special Permit was approved by the HEPB on November 19, 2002, as HEPB 2002-68; and WHEREAS, a condition of HEPB 2002-68 is that the HEPB is empowered by the developer to review any significant discovery, specifically of any feature or site that potentially qualifies for listing in the National Register of Historic Places, and to consider any action plan presented by the developer that may include preservation or mitigation of the discovery site, and to act upon any notice of a significant discovery within 60 days of written notification by the developer; and WHEREAS, the developer notified the City of significant discoveries on October 4, 2013 and October 29, 2013; and WHEREAS, the developer submitted an Action Plan on February 7, 2013; and WHEREAS, the HEPB, at its special meeting on February 14, 2014, following an advertised public hearing, adopted Resolution No. HEPB-R-14-009 by a vote of 7 to 1, to deny the Action Plan for preserving and interpreting archaeological site elements uncovered within the DuPont Archaeological Conservation Area at the Met Square Development Site; and WHEREAS, pursuant to Chapter 23, §23-6,2 of the Code of the City of Miami, Florida, as amended, an appeal to the City Commission has been taken by MDM Development and Retail, Ltd. ("Appellants"), owners of the Property, on the grounds stated in their Notice of Appeal, filed February 21, 2014; and City of Miami Page 1 of 2 File Id: 14-00098 (Version: 3) Printed On: 3/17/2014 File Number: 14-00098 WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof do not justify reversing the decision of the HEPB; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission affirms the decision of the HEPB, which denied the Action Plan for preserving and interpreting archaeological site elements uncovered within the DuPont Archaeological Conservation Area at the Met Square Development Site, and denies the appeal giving rise to this hearing. Section 3, This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: VICT IA MENDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 14-00098 (Version: 3) Printed On: 3/17/2014 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00098 Final Action Date; A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY MDM DEVELOPMENT GROUP AND RETAIL, LTD. AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED AN ACTION PLAN FOR PRESERVING AND INTERPRETING ARCHAEOLOGICAL SITE ELEMENTS UNCOVERED WITHIN THE DUPONT ARCHAEOLOGICAL CONSERVATION AREA AT THE MET SQUARE DEVELOPMENT SITE LOCATED AT APPROXIMATELY 300 SOUTHEAST 3RD STREET, MIAMI, FLORIDA, WITHIN AN ARCHAEOLOGICAL CONSERVATION DISTRICT. WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the responsibility of preserving, conserving, and protecting properties of historical, architectural and archeological significance located within the City of Miami ("City"); and WHEREAS, the property located at approximately 300 Southeast 3rd Street, Miami, Florida, is located in an archaeological conservation area; and WHEREAS, a Certificate of Appropriateness for Ground Disturbing Activity in conjunction with an application for a substantial modification to a previously approved Major Use Special Permit was approved by the HEPB on November 19, 2002, as HEPB 2002-68; and WHEREAS, a condition of HEPB 2002-68 is that the HEPB is empowered by the developer to review any significant discovery, specifically of any feature or site that potentially qualifies for listing in the National Register of Historic Places, and to consider any action plan presented by the developer that may include preservation or mitigation of the discovery site, and to act upon any notice of a significant discovery within 60 days of written notification by the developer; and WHEREAS, the developer notified the City of significant discoveries on October 4, 2013 and October 29, 2013; and WHEREAS, the developer submitted an Action Plan on February 7, 2013; and WHEREAS, the HEPB, at its special meeting on February 14, 2014, following an advertised public hearing, adopted Resolution No. HEPB-R-14-009 by a vote of 7 to 1, to deny the Action Plan for preserving and interpreting archaeological site elements uncovered within the DuPont Archaeological Conservation Area at the Met Square Development Site; and WHEREAS, pursuant to Chapter 23, §23-6.2 of the Code of the City of Miami, Florida, as amended, an appeal to the City Commission has been taken by MDM Development and Retail, Ltd. ("Appellants"), owners of the Property, on the grounds stated in their Notice of Appeal, filed February 21, 2014; and City of Miami Page 1 of 2 File Id: 14-00098 (Version: 4) Printed On; 3/17/2014 File Number 14-00098 asouvalsoutlosamame WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof justify reversing the decision of the HEPB; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission reverses the decision of the HEPB, which denied the Action Plan for preserving and interpreting archaeological site elements uncovered within the DuPont • Archaeological Conservation Area at the Met Square Development Site, and approves the appeal giving rise to this hearing. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: f VI ORIA M NDEZ CITY ATTOR EY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 14-00098 (Version: 4) Printed On: 3/17/2014