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Home My WebLink AboutAppeal LetterSAVAGE LEGAL 100 ALMERIA AVENUE, SUITE 220 CORAL GABLES, FLORIDA 33134 W W W.SAVAGELEGALCOM Paul C. Savage Tel. 305 4447188 Fax 305.444.7186 Paul @SavageLegal. Com May 20, 2015 BY HAND DELIVERY City of Miami Department of Planning and Zoning - Hearing Boards Section ATTN: Chief of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 . ►NNI A IMENT IS MAY 20 AM l I: 08 Re: Appeal of Miami Historic and Environmental Preservation Board (the "HEPB Board") Resolution No. HEPB-R-15-032: Approving Removal of the Parcel Located at 109 Southwest South River Drive (the "109 Parcel") from the South River Drive Historic District File ID No. 15-00221 Dear Chief of Hearing Boards: I am writing on behalf of River Inn SRD, LLC ("River Inn"), the owner of the property directly across the street from the 109 Parcel referred to above, to submit this letter as an appeal to the City Commission in accordance with Chapter 23 of the City of Miami Code of Ordinances. The River Inn is located at 118 Southwest South River Drive. The item appealed is the Resolution referred to above,' With its Application to the City of Miami Planning Department Preservation Section, the Applicant, Manny's Seafood Corp., sought to remove the 109 Parcel from the South River Drive Historic District (the "District"). The Staff Report supported the Application, and the removal of the 109 Parcel from the District was granted by a four -to -two vote of the HEPB Board on May 5, 2015. Exhibit A. The Application runs afoul of governing ordinances, covenants and procedures, however, as is set forth below. The Commission is consequently urged to rescind the Resolution. Historic District Versus Single Structure. First and foremost, the Applicant focused on the structure that used to be on the Applicant's property as opposed to what was actually placed 2 See Exhibit A (City of Miami Historic and Environmental Preservation Board Resolution No. HEPB-R-15-032; HEPB Board Hearing of May 5, 2015 and Executed on May 11, 2015). See Exhibit B (Application). Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 2 at issue by the relief ultimately granted by the Resolution: changing the boundary of the District. The Applicant incorrectly states in the Application: "Certainly and without question, this parcel has everything in common with the adjacent parcels (to the north and south) which I own, and nothing in common to the Miami River Inn which is across the street." Exhibit B at 3 (emphasis in original). This statement aptly demonstrates that the Applicant misses entirely the point of the District? The South River Drive Historic District is grounded upon the presence of an historic community near the "river." The "River" Inn is so named and located because of its proximity to the Miami River. The removal of the 109 Parcel from the District, with no conditions or further limitation, works against the very preservation for which the District exists. The original Designation Report for the District notes that "109 South River Drive stands on the west bank of the Miami River, across the street from the main group."4 The Applicant puts great stock into the fact that the contributing structure on the 109 Parcel was demolished in 2003. But that means that the 109 Parcel was within the District for years -- not because of the presence of a structure -- but because of the visual connectivity between the contributing structures and the Miami River itself. This point is readily demonstrated by the City's own District materials and Diagrams, all of which depict the District with both contributing structures and non-contributing structures, and, notably, no structures on the 109 Parcel.5 For example, a large structure such as a parking garage or parking pedestal between the nationally -designated River Inn and the bank of the Miami River on the 109 Parcel will destroy the visual connectivity of the River Inn and the Miami River. The 109 Parcel contributes to the historic value of the River Inn and to the District as a whole. Contrary to the relief granted by the Resolution, the 109 Parcel needs to be regulated to preserve the historic integrity of the adjacent contributing structures on the River Inn site, The Application's Reliance Upon Demolition and Expiration of the Certificate of Appropriateness is Misplaced. The Application and the Staff Report rely heavily on the fact that the structure that was previously on the 109 Parcel has long been demolished. A cursory examination of the procedural background of the demolition quickly reveals, however, that this should not serve as a basis to remove the 109 Parcel from the District. One of the critical considerations of the HEPB Board when it allowed demolition in 2003 was the presence of plans for a replacement structure "consistent with the historic and architectural character of the historic 3 The Staff Report unfortunately buys into this flawed reasoning, noting that the contributing structure "has been gone for 12 years." Exhibit C at 2 (Staff Report and Recommendation). See Exhibit D, South River Drive Historic District Designation Report dated September, 1986, at page 7. The conservation objectives as enumerated in the Designation Report discuss a zoning treatment allowing for "hotels/tourist homes and would allow accessory uses not to exceed 20 percent of the total floor area." Id. at 8. See Exhibit E, City of Miami Planning Department diagrams dated July, 2010. SAVAGE - LEGAL Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 3 district." Exhibit C at 1.. The fact that the prior owner was unable to build the replacement building is no reason to remove the 109 Parcel from the District. The current owner of the 109 Parcel purchased it with full knowledge of its inclusion within the District, and the limitations associated with being within the District. The following statement is no doubt true of many properties now lying within an Historic District: "Today, due to the economic recovery Miami is experiencing, the current owner would like to have the parcel removed from the South River Drive Historic District to be available for possible future development." Id. at 1. The Staff Analysis points out that since a Special Certificate of Appropriateness was granted for the demolition of the contributing structure on the 109 Parcel, the plans for a new replacement structure have since expired. Exhibit B at 3. The foregoing reasoning is circular and nullifies the historic designation regulations. To put the reasoning another way: because the prior owner failed to construct a replacement building, the new owner is relieved entirely of the requirement, along with any historical regulation whatsoever. This reasoning assumes that the 2003 requirement to either keep the existing structure or replace it with a replacement structure that is "consistent with the historic and architectural character of the historic district" is less important now that it was in 2003. The present owner of the Miami Inn respectfully urges otherwise. The Resolution Violated the Recorded Preservation and Conservation Easement. Entirely absent from the Application, the Staff Analysis, and the HEPB Board's consideration, is the fact that the subject Property is subject to a recorded Preservation and Conservation Easement.6 The 109 Parcel, particularly referenced in the legal description as lots 1 and 2 and "approximately 100 feet South of the S.W. 1st Street bridge, between the Miami River and S.W. South River Drive" is subject to a December, 2001 Preservation and Conservation Easement (the "Preservation Easement"). Id, at Exhibit A. The recorded Preservation Easement "shall run with the land" and contemplates extinguishment only as follows: "Extinguishment must be the result of a judicial proceeding in a court of competent jurisdiction." Id. at Whereas Clause on page 2, and at Paragraph 25. The lengthy Preservation Easement imposes numerous limitations, restrictions and covenants on the properties subject to it, including the 109 Parcel. For example, Section / Paragraph 28 of the Preservation Easement prohibits the amendment of the Preservation Easement in order to permit additional residential and/or commercial development. Id. at Paragraph 28. The principal Covenant in Section/Paragraph 2 requires that the property be "maintained," which term is legally defined to include "replacement, repair and reconstruction." Id. at Paragraph 2. The Resolution nullifies this Covenant by apparently excusing Parcel 109 from the Preservation Easement. Because the Resolution under review neglected to mention or analyze compliance with the Preservation Easement, it consequently must be rescinded, The Resolution is Contrary to the Planned Acquisition by FDOT. Much like the situation with the Preservation Easement, nothing in the Staff Report or the Resolution so much as mentions the expected acquisition by FDOT of the 109 Parcel for use in connection with the 6 See Exhibit F, Preservation and Conservation Easement dated December, 2001. SAVAGE ro LEGAL Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 4 State of Florida's planned First Street Bridge improvements. A power point presentation by the FDOT depicts the 109 Parcel being used for the placement of a significant greenway across the 109 Parcel. Notably, the FDOT includes a recitation of the bridge's significance to the "S. River Dr. Historic District." Id. at 4. The River Inn is actually depicted in the FDOT presentation. Id. The FDOT's presentation and its focus on providing access to the District is a strong reminder of the historic importance of the west bank of the Miami River to the District. The FDOT report recites that the project has been under consideration since 2013. Id. at 11. The City of Miami has representatives who sit on the Bridge Aesthetic Committee for the proposed FDOT project. Id, at 12. The FDOT presentation clearly depicts the 109 Parcel as green space. Id. at 15 at 22. The proposal depicts South River Drive access as well as a greenway and river front park area. Id. at 35. Parcel 109 is entirely devoted to walkway and open space in the FDOT's final depictions. Id. at 37-38. In stark contrast to the very public plans of the FDOT for the 109 Parcel, the Resolution removes the 109 Parcel from the District so that the current owner is able to participate in the "economic recovery" and have the parcel become "available for possible future development." Exhibit 13 at 1. The City of Miami should unify its position as between the Historic Preservation Office and the Bridge Aesthetics Committee as to whether its stated public policy is to encourage the private development of the 109 Parcel, or have it serve the Southwest First Street Bridge Replacement project as projected by the State of Florida. For all of the foregoing reasons, the removal of the 109 Parcel from the District at this time is contrary to the government code, the existing District regulations, the recorded Preservation and Conservation Easement, as well as the State of Florida's Southwest 1st Street Bridge Replacement project. Our investigation is continuing, and the River Inn reserves the right to supplement this appeal paper and add additional arguments and evidence to its ultimate presentation. A check for the applicable appeal fee is enclosed. Please contact me at paul@savagelegal.com or 305-444- 7188 when the item is scheduled to be heard. Sincerely, cc: Megan Schmitt, Preservation Officer for the City of Miami 7 See Exhibit G, Florida Department of Transportation's "Presentation to Bridge Aesthetic Committee" for SR 968 / SW 1st Street Bascule Bridge Over the Miami River. SAVAGE ro LEGAL Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 5 Exhibit A City of Miami Historic and Environmental Preservation Board Resolution No, HEPB-R-15-032; HEPB Board Hearing of May 5, 2015 and Executed on May 11, 2015 SAVAGE ro LEGAL File ID 15-00221 Miami Historic and Environmental Preservation Board Resolution: HEPB-R-15-032 May 5, 2015 Item HEPB.3 Ms. Lynn B. Lewis offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD„AEPROVING.J.HEREMOVALOETH.E...PARCELLOCATED_AT-1.09- SOUTHWEST -- SOUTH RIVER DRIVE FROM THE SOUTH RIVER DRIVE HISTORIC DISTRICT. Upon being seconded by Mr. Gary Hecht, the motion passed and was adopted by a vote of 4-2: Mr. Timothy Barber Mr. David Freedman Mr, Gary Hecht Mr. William E. Hopper, Jr, Ms. Lynn B. Lewis Mr. Hugh Ryan Mr. Jordan Trachtenberg Mr, Todd Tragash e MeganSchmitt Preservation Officer STATE OF FLORIDA COUNTY OF MIAMI-DADE ) No Yes Yes No Yes Absent Yes Absent \\ /kik ,0 Execution Date Personally appeared before me, the undersigned authority, Megan Schmitt, Preservation Officer of the City of Miami, Florida, and acknowledges that she executed the foregoing Resolution, SWORN AND SUBSCRIBED BEFORE ME THIS1 DAY OF Nal , 2015. 44S5ei "—nit/ti I 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 tgrA) Notary Public State of Florida My Commission Expires: VANE$$A TRUJILLO MY COMMISSION 17 EE 105260 XPIRES: July11, 2015 onded Thru Notary Pubffe UhdonwIlets Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 6 Exhibit B Applicant's Application SAVAGE ro LEGAL HISTORIC RESOURCE NOMINATION SITES, DISTRICTS, AND ARCHAEOLOGICAL RESOURCO. I e) 5'011, i'vir- r I, r-jOr c RESOURCE ADDRESS 111°11"2\5 17,04 0 OWNER'S NAIV E OWNER'S ADDRESS, CITY, STATE, ZIP CODE d ' , r'• HISTORIC NA60 (IF KNOWN) • •''.,..f.,,.:,.!CANNOIDAYT,1.01E PON 305-3- 3y5-", cyo.-70 APPLICANT'S NAME (IF OTHER THAN OWNER) APPLICANT'S ADDRESS, CITY, STATE, ZIP CODE DATE OF CONSTRU ION / SIGNIFICANCE APPLICANT'S DAYTIME PHONE NUMBER APPLICANT'S E-MAIL ARCHITECT / BUILDER (IF APPLICARLE) BRIEF STATEMENT OF WHY THE PROPOSED RESOURCE IS ELIGIBLE FOR HISTORIC DESIGNATION: (How does the resource have significance In the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation, and how does It possess integrity of design, setting, materials, workmanship, feeling, and association? A more detailed statement Is required as an attachment) .1 °C) 50A Plvty hoc.4 r5 /Its otic, 5:1,04h,re miloved demo 1`, 5L1 e ovde o/C GW I) o,61 oi 06; ee IO) ess, v‘""s prop(); dc,01 iiihtmk 5 Pre5evixhbq -vai E.Vivip-tome")?-.Q /15-?*,,(1 boor d 1).1 fe54,1 cy v-dco e 4,11 I &.1- 1A4A cirke re% (1,.10 e),-e kiglwrz 591:91);Hr cq ce, , Ike4,:k2v) fc-5, ,-(73 reepi72 m r c ( 5,(,94-'r a NOTE: A COMPLETE CHECKLIST AND INSTRUCTIONS FOR REQUIRED ATTACHMENTS ARE"ON FOLLOWING PAGE APPLICANT ATTESTATION: I CERTIFY THAT ALL INFORMATION PROVIDED IN THIS APPLICATION IS CORRECT, SIGNA URE LICANT DATE FOR STAFF USE ONLY: FILED AS DATE OF Hen MEETING ACTION TAKEN RESOLUTION ff,,, Updateci8/15/2014 DATE RECEIVED STAFF INITIALS Property Search Application - Miami -Dade County 1/9/15 9:24 AM - /FriArs. Address Owner Name Subdivision Name Folio 0000 • SEARCH: 109 SW. South River Dr, Suite PROPERTY INFORMATION 0 oHo 01-0201.080-1040 Sub.blylelon: CITY OF MIAMI SOUTH UK 18 PS 0-41 property Adams 109 SW S RIVER DR i Miami , FL 33130-1418 Owner MANNY SEAFOOD CORPORATION Mailing Address 1305 SW 19 ST MIAMI rt., 33145 Primary Zone 3900 MULTI -FAMILY 38-02 U/A Primary Land Uae 0081 VACANT RESIDENTIAL VACANT LAND Sods / Bathe / Half 0/0 /0 Floors 0 Living Units 0 Actual Area 0 Living Area 0 Adjusted Area 0 8,984 Sq,Ft ) Lot Size Year Built 0 . . . — Featured Online Tools 0 ampere ble Sales Properly Record Cards Fax Comparison Glossal)/ Property Search Help Tax EstImator Back to Search Results Non -Ad Valorem Assessments PA Additional Online Tools Report Discrepancies Report Homestead Fraud TRIM Notice View TOM ASSESSMENT INFORMATION 0 BENEFITS INFORMATION 0 hag:I Iwwvv.mlamiclacle.gov/proportysearchl#I Page 1 of 3 Manny Seafood Corporation 1365 S.VV. 19 St Miami, Fl, 33145 City of Miami Historic Preservation Board 444 S.W. 2 nd Ave. Miami, FL 33130 Preservation Officer Megan Cross Schmitt Dear Ms. Schmitt, My family owns 109 S,W, South River Dr, ( Manny Seafood Corp, ), We purchased the parcel from the Miami River Inn, LLC around 2011, This parcel of land is across the street from a number of parcels that in 1986 was made into the South River Dr, Historic District The purpose for the district was to preserve the unique buildings that occupy those lots. The 109 parcel was and is the only parcel not adjacent to any of the other parcels; it is across the street. Nonetheless, this parcel used to have an historic structure. In the •early 2000's there came a point and time where the building came into such disrepair, that the city issued a notice of violation to the owner (the Miami River Inn) and demanded that the structure either be REPAIRED OR DEMOLISHED. After some back and forth the question finally came to the Historic and Environmental Preservation Board as to the appropriateness of demolishing the historic structure (going to the board was needed because of its historic nature), The board approved the certificate of appropriateness and on September 12, 2003 a permit for demolition was sought from the city. The structure was demolished a short time there after. As the current owner of this parcel, I cannot think of a good and logical reason why this vacant piece ofland (disconnected from the rest of the parcels) should continue being a part of this historic district. The purpose for having 109 be a part of this district no longer exists; it was demolished in 2003. Currently the parcel is used as part of our lobster and stone crab fishing business. The parcel allows for the storage of lobster and stone crab traps and dockage for the fishermen, Certainly and without question, this parcel has everything in common with the adjacent parcels (to the north and south) which 1 own, and nothing in common to The Miami River Inn which is across the street I would respectfully ask for support of removal of 109 S.W. South River Dr. from the South River Dr, Historic District. Thanks so much for your service and attention and I look forward to hearing from you soon. Respectfuily, el Pri e:eVP Manny Seafood Corp. Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 7 Exhibit C Staff Report and Recommendation SAVAGE ro LEGAL CITY OF MIAMI PLANNING DEPARTMENT To: From: Staff: MN Application received: 1/29/2015 Staff Report & Recommendation Chairperson and Members Historic Environmental Preservation Board Megan Schmitt Preservation Officer Applicant: Manuel Prieguez Subject: Item No. 3 — 109 SW South River Drive The applicant Manuel Prieguez, vice-president of Manny Seafood Corp., owner of the subject property located in the South River Drive Historic District, is requesting the removal of the parcel at 109 SW South River Drive from the South River Drive Historic District. BACKGROUND: This application was continued from March. THE PROPERTY: HEPB- MAY 5, 2015 The building at 109 SW South River Drive was demolished in 2003. The two- story contributing Frame Vernacular structure was built in 1926 and was part of the South River Drive Historic District designated in 1986. The property was owned by the Miami River Inn and had an approved proposal to be rehabilitated and used as a restaurant which never happened. The City of Miami's Chief of Unsafe Structures filed an application for the building's demolition which was granted under resolution HEPB-2003-31. That resolution also stated that the plans concurrently submitted by the then- owner, "proposed new construction [that was] consistent with the historic and architectural character of the historic district." There was one condition to the approval: 1- Archaeological monitoring of ground disturbing activities shall be provided, subject to the requirements of the Dade County Archaeologist. The parcel was sold to the current owner in 2011 as a vacant lot. The Manny Seafood Corp. also owns the south and north adjacent parcels and the parcel in question has been incorporated into the seafood business ever since it was acquired. The current owner never had the intention to build on the parcel. Today, due to the economic recovery Miami is experiencing, the current owner would like to have the parcel removed from the South River Drive Historic District to be available for possible future development. Pagel of 3 HISTORIC PICTURE: ANALYSIS: Staff: MN Application received: 1/29/2015 The Parcel is located on the east side of SW South River Drive, thus separated from the other structures of the historic district that are on the west side of the road. In addition, the former contributing structure has been gone for 12 years and since it was demolished in 2003 the vacant parcel has neither contributed to the character of the district nor diminished its integrity. Even though plans were submitted when the demolition of the former contributing building was approved by the HEPB in 2003, the proposed replacement building was never built and the property was sold to the present owner as a vacant lot in 2011, 8 years after the HEPB resolution HEPB-2003-31 passed. blblrieNAMV ka.m a -yam HEPB- MAY 5, 2015 Page 2 of 3 Staff: MN Application received: 1/29/2015 Sec.23-6.2.(g) of the city's ordinance states that: "Expiration of certificates of appropriateness. Any certificate of appropriateness issued pursuant to the provisions of this section shall expire 12 months from the date of issuance, unless the authorized work is commenced within this time period, or a building permit has been obtained. The preservation officer may grant an extension of time not to exceed 12 months upon written request by the applicant, unless the board's guidelines as they may relate to the authorized work have been amended." Today, even the same proposed plans approved in 2003 would need to come back before the HEPB for re -approval since it was never commenced or permitted. STAFF RECOMMENDATION: Since the Special COA for the demolition of a contributing structure and plans for a new replacement structure approved in 2003 under HEPB-2003-31 was only partially executed and the proposed replacement building was never commenced or permitted, therefore expired according to Sec.23-6.2.(g), and that the present owner purchased the property as a vacant lot 8 years after the former contributing structure was demolished and consequently the present owner cannot be held responsible for its neglect and demolition, and that the parcel is located at the east side of SW South River Drive and across from the other buildings of the historic district that are located on the west side of the road; the Preservation Office recommends that the application for the removal of the parcel at 109 SW South River Drive from the South River Drive Historic District to be Approved. HEPB- MAY 5, 2015 Page 3 of 3 Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 8 Exhibit D South River Drive Historic District Designation Report dated September, 1986 SAVAGE - LEGAL SOUTH RIVER. ...DRIVE 111STC91C. DISTRICT Designation Report pc7 Mum) REPORT OF THE CITY OF MIAMI PLANNING DEPARTMENT TO THE HERITAGE CONSERVATION BOARD ON THE POTENTIAL DESIGNATION OF SOUTH RIVER DRIVE HISTORIC DISTRICT AS A HERITAGE CONSERVATION ZONING DISTRICT Prepared by Accepted by stork Preservation P1 anner Dale Chai.k.L, \A Vw CC1-301(' rman, Heritage bate Conservation Board Designated by the Miami City Commission Ordinance No. Date 4 CONTENTS Page I. General Information I II. Significance 4 III. Description 7 IV. Planning Context 8 V. HC Zoning Elements 9 VI. Bibliography 10 1. GENERAL ,INFORMATION Historic, Name: South River Street Current Name: South R fter Drive Historic District Location: 428, 438 S. W. 1 Street 431, 433435, 437 S. W. 2 Street 104, 109118, 124 S. W. South River Drive Present Owner: Magic City Enterprises and Lazaro A. Santana 111 S. W. 5 Avenue 420 S. W. 12 Avenue Miami, FL 33130 Miami, FL 33130 Present Use: Residential, vacant Present Zoning District: RG-2/5, CR-3/7 HC Zoning Overlay District: HC-5 Tax Folio Number: 01-0201-80-1020 01-0201-80-1021 01-0201-80-1030 01-0201-80 1040 01-0201-80-1060 01-0201-80-1160 01-0201-80-1170 01-0201-80-1180 -1- Boundary Description of HC Zoning District: Lots 1, 2, 3, 4, 15, 16, 17, and 18, less the Northerly 5 feet of Lots 3 and 4, of Block 18 Of the plat of CITY OF MIAMI SOUTH, as recorded in Plat Book "B" at Page 41, of the Public Records of Dade County, Florida; together with that unplatted parcel of land fronting on the West bank of the Miami River, extending approximately 100 feet South Of the S. W. 1 Street bridge, between the Miami River and S. W. South River Drive, further described as follows: Beginning at the point where the South line of 13 Street (now called S. W. 1 Street) as shown by the Map of Miami, Dade County, Florida, recorded in Plat Book "B" 0 Page 41, Public Records of Dade County, Florida, produced Easterly intersects the United States Harbor Line on the Westerly side of the Miami River; thence Northwesterly along said United States Harbor Line A distance of 15.5 feet more or less, to the South side of the S. W. 1,..treet bridge as now constructed; thence with a deflection angle of 68 55'43", more or lesS, to the left run along said South side of the S. W. 1 Street bridge as now constructed a distance of 35.58 feet more or less, thence continuing along said South side of the S. W. 1 Street bridge as now constructed along the arc of a curve to the right, haxing a radius of 889.92 feet, more or less, and a central angle of 03"30'18" more or less a distance of 54.44 feet, more or less, to a point on the said South line of 13 Street (now called S. W. 1 Street) produced Easterly; thence East along said South line of 13 Street (now called S. W. 1 Street) produced Easterly a distance of 96.91 feet, more or less, to the point of beginning. Being the same property conveyed to the grantor and her deceased husband by the City of Miami bY Quit Claim Deed dated April 21, 1931 and recorded in Deed Book 1442 at Page 303 of the Public Records of Dade County, Florida; and beginning at a point where the North line of Lot 3 of Block 18 South, according to Knowlton's Plat of Miami, Florida, produced East intersects the Easterly boundary of South River Street; thence Southerly along said Easterly line of South River Street to a point where a line drawn east and west through the center of Lot 2 if produced East intersects the Easterly line of South River Street; thence Easterly along said center line of Lot 2 produced east to the low mark of Miami River; thence Northerly along said low water line to a point where the North line of said Lot 3 produced east would intersect said low water line; thence Westerly along said line produced East to point of beginning; with all submerged land between this tract and the channel of the Miami River, together with all riparian rights. LESS that portion thereof conveyed to the City of Miami by deed dated February 6, 1931, recorded in Deed Book 1445 at Page 524 of the Public Records of Dade County, Florida, and also less that portion dedicated to the City of Miami by deed dated March 26, 1935, recorded in Deed Book 1622 at Page 342 of the Public Records of Dade County, Florida. HC Zoning Classification: Historic District -2- SOUTH RIVER DRIVE HISTORIC DISTRICT 438 437 428 S, W. 1 ST. 433 -- 435 431 118 S,W, 2 ST. location site plan:... II. SIGN,I,FICANCE Statement of Significance: The South River Drive Historic District is significant to the history of architecture and community development in Miami. Developed primarily during the first two decades of the twentieth century, the district contains the City's oldest extant grouping of frame vernabular buildings in such close proximity to the Miami River. These buildings embody those characteristics of South Florida's frame vernacular architecture and exemplify the architectural trends in Miami prior to 191. The district's location, period of construction, and use reflect the historical development of the City of Miami. In the early years of the 1900's, suburban expansion in Miami extended only to the north and south of the City. It was not until 1906 that significant western expansion was possible. At that time, work began on the Everglades drainage project, and a bridge and short-lived trolley car line were constructed over the Miami River at the foot of Flagler Street. It was shortly after this, circa 1908, that the first building in the South River Drive Historic District was constructed. All Six of the historic buildings within the district were completed by circa 1914. It is unlikely that the buildings within the South River Drive Historic District were ever single family residences, with the exception of 437 S. W. 2 Street. If such was their original use, it was short-lived. The owners of these buildings soon began to take in boarders, and the buildings became rooming houses. The large size (two and two -and -one-half stories) of these buildings made them easily adaptable to such a use. In addition, their strategic location in proximity to the Miami River and the Flagler Street bridge, coupled with the events of the period, made the structures prime targets for this transformation. The year 1896, which brought rapid change, development, and growth to the fledgling City of Miami, also brought with it an increase in population. New residents, as well as tourists, began arriving, literally, by the train load. While the Royal Palm Hotel attracted Rockefellers, Astors, and Vanderbilts, as well as U. S. Congressmen and European royalty, the less wealthy tourists and potential new residents also needed accommodations. Rooming houses such as the ones found in the South River Drive Historic District fulfilled this need. An advertisement for an establishment similar to these, but no longer standing, read: "Reasonable Rates, for Table, Board." Another proclaimed: "An ideal winter home for the tourist, an all -year hotel for the transient." The area west of the Miami River soon began to fill with comfortable, unassuming residences and rooming houses as the City of Miami rapidly expanded. , -4- 5. Embodies those distinguishing characteristics of an architectural style, or period, or method of construction. The South River Drive Historic District contains outstanding examples of frame vernacular style buildings. 8. By being part of or related to a subdivision, park, environmental feature, or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural or architectural motif. The South River Drive Historic District is one of the City's most unique groupings of historic buildings. The area's historic and architectural character should be preserved as a reminder of Miami's past. The largest rooming house in the South River Drive Historic District is khown as the Rose Arms and is located at 118 S. W. South River Drive. Its first owners were John C. Baile and his wife Rase. The Bails may have operated a rooming house complex, for they also appear as the owners of 428 5. W. 1 Street and 104 and 109 S. W. South River Drive'. While the Rose Arms remained under Baile proprietorship for several years, the other three properties were sold to Charles L. Gibbdns and his wife, Isabella, as early as 1914. By 1918, Charles 0. Sims and his wife, Winifred, appear as the owners of 428 S. W. 1 Street. Sims was employed by the Hagan Realty Company. In 1915, James C. Smith and his wife, Josephine, are recorded as owners of 438 S. W. 1 Street. James Smith was a physician. Although this structure may first have served as a single family residence, it was later referred to as the New Jersey Guest House. The structure located at 437 S. W. 2 Street, built circa 1913, seems to have always been a single family residence. Its first residents were the Eberwines. William C. Eberwine was a milliner who worked for the Chaffin Millihery Shop. In later years, he was employed by the Southern Feed Company as Secretary and Treasurer. This building is a typical example of the type of house constructed in this working class neighborhood. The buildings within the South River Drive Historic District are representative of the early frame vernacular architecture of South Florida. The frame vernacular mode reflects the open, rural character of the area at that time and is well adapted to the local climate. The buildings retain a high degree of architectural intergrity. The South River Drive Historic District is one of Miami's most unique groupings of historic buildings. The district has remained a cohesive unit, despite the presence of several non-contributing structures. Relationship to Criteria for Designation: The South River Drive Historic District is eligible for designation under the following criteria: 3. Exemplifies the historical, cultural, political, economic, or social trends of the community. The South River Drive Historic District reflects Miami's early development patterns during the first two decades of the twentieth century. 4. Portrays the environment in an era of history characterized by one or more distinctive architectural styles. The South River Drive Historic District contains the City's oldest extant grouping of frame vernacular buildings in such close proximity to the Miami River and exemplifies the architectural trends of the early 1900's. 5- III. DESCRIPTION The South River Drive Historic District i5 a small grouping of historic buildings in East Little Havana. Located on the southwest bank of Miami River, the district encompasses approximately one half of a square block and includes ten buildings as well as several outbuildings. The majority of buildings are frame vernacular structures of balloon frame construction and are two or two -and -one- half stories. The primary use is single Or multi -family residential. Most of the buildings within the district were constructed between 1908 and 1914, the area's major period of significance. Four buildings in the district, however, fall outside the area's major period of significance and are considered non-contributing structures. The six contributing buildings in the South River Drive Historic District are united by a strong architectural theme. These frame vernacular structures are rectangular in plan and are two or two -and - one -half stories tall. Four have gable roofs of medium pitch with gable roof dormers. The other two are toped with hipped roofs. Roof covering is of composition shingles, except for 438 S. W. 1 Street, which has been re -roofed with galvanized aluminum, Original roofing materials on all of the structures cannot be ascertained due to the lack of early photographs. However, similar buildings in the area from that period were known to have used composition shingles, wood shingles, and metal for roofing. All roofs have slightly projecting eaves and exposed rafter ends. Exterior wall covering on all buildings is horizontal weatherboards. Structures are raised off the ground on masonry foundation piers. Original windows were wood frame, double hung sash, with one -over -one lights. Many of these windows remain. The six buildings retain a high degree of architectural integrity and have not been significantly altered. The buildings at 438 and 428 S. W. 1 Street are sited perpendicularly to the river, with their main access through a metal bridgeway on the second floor connected to the elevated S. W. 1 Street bridge over the Miami River. 104 S. W. South River Drive is located at the corner of S. W. South River Drive and S. W. 1 Street, immediately adjacent to the two previously mentioned structures, and directly across the street from the Miami River. 109 South River Drive stands on the west bank of the Miami River, across the street from the main group. The last contributing building, 437 5, W. 2 Street, is around the corner from the main group, perpendicular to the river, and related to the others through its backyard. All non-contributing structures are located in the southeast corner of the district. The buildings Include a three story apartment building on S. W. South River Drive and three small two story apartment buildings on 5. W. 2 Street. 7- ZY. PLANNING CONTEXT Present Trends and Conditions: The South River Drive Historic District is located in the easternmost part of East Little Havana, an area plagued by deterioration and crime. Problems in the area were recently addressed by the East Little Havana Task Force, and recommendations for improvement were presented to the City Commission. All buildings within the district have been acquired (or are under contract) by Magic City Enterprises, the group responsible for the rehabilitation of the nearby J. W. Warner House. Magic City hopes to convert the district into a bed and breakfast inn. The group believes that the rehabilitation of these buildings will spur redevelopment in the neighborhood. Rehabilitation. has been completed on one building and begun on a second. Completion is targeted for December 1986. Conservation Objectives: Historic district designation should be used as a tool to recognize the historic importance of the South River Drive area and promote its preservation. Magic City Enterprises is to be commended for its commitment to East Little Havana and should be encouraged in its efforts. Because existing zoning will not permit the proposed bed and breakfast inn, a change of use is necessary. The proposed HC-5: Commercial -Residential Heritage Conservation Overlay District would provide the zoning incentives necessary to make the preservation of these buildings feasible. HC-5 would permit a change of use to allow hotels/tourist homes and would allow accessory uses not to exceed 20 percent of the total floor area. Certain retail uses compatible with the historic character of the district would also be permissible, as would modifications to off-street parking requirements. All alterations to the exterior of the buildings, as well as the change of use, would require the approval of the Heritage Conservation Board. -8- VI. HC ZONING ELEMENTS Boundaries: The boundaries of the South River Drive Historic District have been drawn to include all contiguous property owned or under contract to purchase by Magic City Enterprises. These boundaries encompass the neighborhoods largest concentration of buildings that were constructed during the 1900's and 1910's and that still retain their integrity. The four non-contributing buildings on lots 16, 17, and 18 were included because they are (or will be) under the same ownership, are functionally related to the proposed new use for the district, and need to be regulated to preserve the historic integrity of the adjacent buildings. Major Exterior Surfaces Subject to Review: All facades shall be considered major exterior surfaces subject to review. Major Landscape Features Subject to Review: The major landscape features subject to review shall include all features which are subject to requirements for tree removal permits, as set forth in Chapter 17 of the City Code. -9- VII. BIBLIOGRAPHY Blackman, E.V. Miami and, Dade County, Florida: Its Settlement, Progress, and Achievement. Washington, D.C.: 'Victor Rainbolt, 1921. Bonawit, Oby J. Miami, Florida, Early Families and Records. Miami, Florida: Privately Printed, 19 . Cohen, Isador. Historical, Sketches and Sidelights of Miami. Miami, Florida: Privately Printed, 1925. Dade County, Florida. Community and Economic Development. Historic Preservation Division. Dade County Historic Survey, Site Inventory Files. Dade County', Florida. County Recorder's Office. Abstract Books. Dade County, Florida. County Recorder's Office. Plat Book B, p. 41, June 9, 1896. Hollingsworth, Tracey. History of Dade County, Florida. Coral Gables, Florida: Glade House, 1949. Hopkins, G.M. Plat Book of Greater Miami, Florida and Suburbs. Philadelphia, Pennsylvania: G. M. Hopkins Co., 1925. Hunter, John E. "Developmental History of Little Havana's Miami (Knowlton) Subdivision." Dade County Historic Survey, 1980. Metropolitan Dade County, From Wilderness to Metropolis. Miami, Florida: Metropolitan Dade —County, 1982. Muir, Helen;, Miami, U.S.A. New York, N.Y.: Henry Holt & Co., 1953. Parks, Arva Moore. Miami: The Magic City. Tulsa, Oklahoma: Continental Heritage Press, 1981. Peters, Thelma. Biscayne Country: 1870-1926. Miami, Florida: Banyan Books, 1976: Polk, R. L. R. L. Polk and Company's Miami City Directory. Jacksonville, Florida: R. L. Polk and Company, 191E-1925. Sanborn Map Company. Insurance Maps of Miami, Dade County, Florida. 1905-1921. Temkin, Maria and Ivan Rodriguez. National Register Nomination for South River Drive Historic District, 1986. -10- Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 9 Exhibit E City of Miami Planning Department diagrams dated July, 2010 SAVAGE - LEGAL City of Miami South River Drive Historic District II '. NENE so . ■ _ ■ ■ _ . ■ SW 1ST ST ♦ r •,� •• ..s...MI SW2NDST Ciliated by Ctly of Miami Planfting Department Date:7I19f10 Di/requests/historic districts/South River Drive/South Rivet Drivemxd SW4THAVE N 0 25 50 100 Feet I ill Legend SOUTH RIVER DRIVE BOUNDARY • CONTRIBUTING STRUCTURE /// NON-CONTRIBUTING STRUCTURE City of Miami South River Drive Historic District Age of Buildings --------------♦ SW 1ST ST ■ ♦- SW 2ND ST • • tia • o ■ c •_ • L • 70 • • • • • ■ -• r1 Created by City of Miami Planning Department Date:7/19 10 D:/requests/historic districts/South River Drive/South River Drive Age of Buildings.mxd SW 4TH AVE Legend 0/.1awl, /&4te/ N 0 25 50 100 Feet 1 1 1 1 1 1 1 1 1 • - SOUTH RIVER DRIVE BOUNDARY PARCELPROP2011 DECADE V111.1 1900-1909 1910-1919 1920-1929 1930-1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990-1999 2000-2010 => 2010 UNKNOWN SW 2ND ST City of Miami South River Drive Historic District SW 1ST ST ■ Legend SOUTH RIVER DRIVE BOUNDARY south river dr m21 MEI T1 NATURAL T3 SUB -URBAN T4 GENERAL URBAN T5 URBAN CENTER T6-8* URBAN CORE T6-12* URBAN CORE 1.11T6-24* URBAN CORE MI T6-36* URBAN CORE - T6-48* URBAN CORE -T6-60* URBAN CORE - T6-80* URBAN CORE D1 WORK PLACE D2 INDUSTRIAL D3 MARINE CS CIVIC SPACE/PARKS ® CI CIVIC INSTITUTIONAL CI -HD HEALTH DISTRICT Created by City Planning Depatment Date:7/19/ 0 D./requests/historic districtsSouth River Drive/South River Dnve m21.mxd immemmeee ♦ ♦0 2 l` egend . ■ 4-9 City of Miami South River Drive Historic District SOUTH RIVER DRIVE BOUNDARY • FLUM2010 uture Land Use Designations Conservation Public Parks and Recreation Commercial Recreation* Marine Facilities* Single Family - Residential Duplex- Residential Low Density Multifamily Residential Medium Density Multifamily Residential High Density Multifamily Residential Low Density Restricted Commercial Medium Density Restricted Commercial Restricted Commercial Central Business District General Commercial Major Inst, Public Facilities, Transportation and Utilities Light Industrial Industrial * Not desi•nated on ma Created by City of Miami Planning Depatrnent Date:7/19/10 D:/requests/historic districtsSouth River Drive/South River Drive flum.mxd Medium Density Multifamily Residential Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 10 Exhibit F Preservation and Conservation Easement dated December, 2001 SAVAGE LEGAL Off REC 811. 20 ! O8PC0744 01Ft72 1424 264f DEC 28 13107 PRESERVATION AND CONSERVATION EASEMENT TOM PRESERVATION AND CONSERVATION EASEMENT DEED is made this '41.' `day of kr hi; 200 i . . by and between Miami River Inn, L.L.C. ("Grantor"), whose address is 118 SW South River Drive, Miami Florida 33130. and The Trust for Public Land ("Grantee"), a non-profit corporation of the State of Florida, whose address is 116 Ncw Montgomery, 4th floor, San Francisco, Ca.. 94105. W1TNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property located in thc City of Miami. Miami -Dade County. Florida, more particularly described in Exhibit A attached hereto and incorporated herein (hereinafter "she Property"); and WHEREAS, the Property includes all of the land and improvements within the City of Miami 's South River Drive Historic District. both contributing and non- contributing structures, designated by the Miami City Commission on January 22, 1987 (Ordinance No.10213), and also listed in the National Register of Historic Places (hereinafter "National Register") on August 10. 1987; and WHEREAS, the contributing structures on the Property arc frame vernacular buildings built between 1908-1914 that arc excellent examples of thc early building traditions of the first two decades following the city's incorporation in 1896, and the non- contributing structures, as determined in the city's original historic district designation of January 22. 1987 and the National Register listing of August 10. 1987, reflect later significant architectural styles such as art deco and post -World War 2 modem. all illustrating aesthetics of design and possessing integrity of materials and workmanship; and WHEREAS, thc Grantee is authorized to accept conservation casements to protect historically, architecturally, or culturally significant property under and pursuant to the provisions of Florida Statute 704.06 (2000) (hereinafter "Act"); and WHEREAS, Grantor and Grantee recognize the historical, architectural, and cultural values (hereinafter "conservation and preservation values") and significance of the Property, and have the common purpose of conserving and preserving the aforesaid conservation and preservation values and the significance of the Property; and WHEREAS. THE Property's conservation and preservation values are documented in the City of Miami's South River Drive Historic District Designation Report (1986), the National Register of Historic Places Nomination Proposal -Florida (1986). a new third -party baseline study and report that details thc current conditions of the Property, that is conducted at the Grantor's expense, and subject to report of the current status of the Property as stated in the [report of propcny appraiser J. Mark Quinlivan dated December, 2001 ] (hereinafter "Baseline Documentation") incorporated herein by reference, which Baseline Documentation the parties agree provides an • (04-0 r.. OM MIL 20 f 08PGO745 accurate representation of the Property as of the effective date of this grunt. In the event of any discrepancy between the two counterparts produced. the counterpart retained by the Grantee shall control; and WHEREAS, the grant of the conservation casement by Grantor to Grantee on the Property will assist in preserving and maintaining the Property and its historical, architectural. and cultural features for thc benefit of the people of the City of Miami. the County of Miami -Dade, the State of Florida, and thc United States of America; and WHEREAS, to that cnd, Grantor desires to grant to the Grantee, and the Grantcc desires to accept, a conservation casement (hereinafter "Easement") in gross in perpetuity on the Property pursuant to the Act; and NOW, THEREFORE, in consideration of the above and the mutual covenants, turns, conditions, and restrictions contained herein, and pursuant to the Act, Grantor hereby grants and conveys to, and creates and establishes in favor of Grantee a perpetual Easement over the Property which shall run with the land and shall be biding upon grantor, his heirs, successors and assigns, and shall remain in full force and effect forever. The scope. nature, character, terms, and conditions of this Easement shalt be as follows: I. PURPOSE: It is the Purpose of this Easement to assure that the historical, architectural, and cultural features of this property will be retained and maintained forever substantially' in their current condition for conservation and preservation purposes and to prevent any use or change of the Properly that will significantly impair or interfere with the Property's conservation and preservation values, with the covenants, rights. and other terms as described below. GRANTOR'S COVENANTS 2. COVENANT TO MAINTAIN: Grantor agrees at all times to maintain the Buildings and other improvements in the sante structural condition and state of repair as that existing on the effective date of this Easement. If, at the time (tithe effective date of this Eascmcnt, any existing Buildings or other improvements arc in a substantially deteriorated state than the grantor agrees to make a good faith effort to begin to replace missing or damaged elements, restore, or reconstruct such Buildings or improvements within one year following the effective date of this Eascmcnt, ores otherwise agreed between Grantor and Grantee. Grantor's obligation to maintain shall require replacement, repair, and reconstruction by Grantor whenever necessary to preserve the Buildings and other improvements in substantially the same structural condition and state. ofrepair as that existing on the effective date of this Easement. Grantor's obligation to maintain shall also require that the Property's landscaping be maintained in good appearance with substantially similar plantings, vegetation, and natural screening to that existing on the effective date of this Easement. Subject to thc casualty provisions of paragraphs 7 and 8 below, this obligation to maintain shalt be done in accordance with the Secretory of the Interior 's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR 67) (hereinafter "Standards"), o-i...e..: r� u OFF. WEL 20 t 08PG0746 3. PROHIBITED ACTIVITIES: The following acts or uses arc expressly forbidden on. over, or under the Property. except as otherwise conditioned in this paragraph: a. The Buildings or improvements shall not he demolished, removed, or razed except as provided in paragraphs 9 and 10 below; b. No other buildings or structures, shall be erected or placed on thc property hereafter except for temporary structures required for the maintenance or rehabilitation of 01, the property, such as construction trailers, unless such building or structure is both , necessary for and compatible with the continued use of the Property and is built in accordance with the Standards and is agreed to by and between both Grantor and Grantcc; c. Subject to the maintenance covenants of paragraph 2 above, the following interior features of the Buildings on the Property shall not be removed, demolished, or altered: I. 118 SW South River Dr. -Built in cabinets and buffet 2. 104 SW South River Dr. •First floor fireplace and decorative arch to second floor stairway -Second floor fireplace 3. 428 SW First Street -First floor fireplace 4.438 SW First Street -First floor fireplace and, d. The dumping of ashes, trash, rubbish, or any other unsightly or offensive materials is prohibited on the property. GRANTOR'S CONDITIONAL RIGHTS 4. CONDITIONAL RIGHTS REQUIRING APPROVAL BY GRANTEE: Without the prior express written approval of the grantee, which approval may be withheld or conditioned in the sole discretion of the Grantee, Grantor shall not undertake any of the following actions: a. Increase or decrease the height of, make additions to, change the exterior construction materials or colors of, or move. improve, alter, reconstruct. or change the facades (including fenestration) and roofs of tlrc Buildings; b. Change thc floor plans of the buildings; c. Make permanent substantial topographical changes, such as. by example. excavation for the construction of roads; d. Cut down or remove live trees located within the existing lawn and landscape areas; and, e. Change the zoned use of the Property to another use, unless such proposed change in zoned use of the Property is agreed to by both Grantor and Grantcc and does not impair the significant conservation and preservation values of the Property and dots not conflict with the Purpose of the Easement. 5. REVIEW OF GRANTOR'S REQUESTS FOR APPROVAL: Grantor shall submit to grantee for Grantee's approval of those conditional rights set out at paragraph 4 information (including plans, specifications, and designs where appropriate) identifying the proposed activity with reasonable specificity. In connection therewith, Grantor shall also submit to Grantcc a timetable for the proposed activity sufficient to permit grantee to monitor such activity. Grantor shall not undertake any such activity until approved by Grantee, Grantcc reserves the right to consult with governmental agencies, non-profit OFF. REC BK, 2010 PG0747 preservation and conservation organizations, or other preservation or conservation exports, concerning the appropriateness of any activity proposed under this easement. Grantor shall make no change or take any action subject to the approval of grantee unless expressly authorized in writing by an authorized representative of the Grantee. 6. STANDARDS FOR REVIEW: Granter shall apply the Standards in exercising any authority created by the Easement: to inspect the Property and those interior features specified in paragraph 3 above; to review any construction, alteration, repair, or tnainrenance; or to review casualty damage or to reconstruct or approve reconstruction of any building, improvement, or specified interior feature following casualty damage. 7. PUBLIC ACCESS: Grantor shall make thc Property and any interior space subject to this easement accessible to the public on a minimum of Li days per year. At athcrtimcs deemed reasonable by Grantor, persons affiliated with certain historic presentation and conservation organizations, educational institutions, and professional architectural associations may be admitted to study the property. Granter may make photographs, drawings, or other representations documenting the significant historical, cultural, and architectural character and features of the property and distribute them to magazines, newsletters, or other publicly oval/able publications. or use them to fulfill its charitable and educational purposes. GRANTOR'S RESERVED RIGHTS 8. GRANTOR'S RESERVED RIGHTS NOT REQUIRING FURTHER APPROVAL BY GRANTEE: Subject to the provisions of paragraphs 2, 3, and 4, the following rights. uses, and activities of or by Grantor on, over. or under the Property are permitted by this Easement and By Grantee without funher approval by Grantcc: a. The right to engage in all those acts and uses that : (i) arc permitted by governmental statute, ordinance, or regulation; (it) do not substantially impair the conservation and preservation values of the Propcny; and (iii) are not inconsistent with thc purpose of this Easement; b. Pursuant to the provisions of paragraph 1 the right to maintain and repair the Buildings strictly according to the Secretary's Standards. As used in this sub -paragraph, the right to maintain and rcpair shall mean the use by Grantor of in -kind materials and colors, applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintained. for the purpose of retaining in good condition the appearance and construction of the Buildings. The right to maintain and repair as used in this sub -paragraph shall not include thc right to make changes in appearance, materials, colors. and workmanship from that existing prior to the maintenance and repair without the prior approval of Grantee in accordance with the provisions of paragraphs 4 and 5; c. The right to continue all manner of existing use and enjoyment of the Property's Buildings, improvements, and landscaping. including but not limited to the maintenance, repair, and restoration of existing fences; the right to maintain existing driveways, roads, and paths with the use of same or similar surface materials; the rights to maintain existing utility lines, gardening and building walkways, steps, and garden fences; thc right to cut, remove, and clear grass or other vegetation and to perform routine maintenance, landscaping and horticultural activities, and upkeep, consistent with the Purpose of this casement; and tier. net at. 20108PG0748 d. The right to conduct at or on the Property educational and non-profit activities that are not inconsistent with the protection of the conservation and preservation values of the Property. CASUALTY DAMAGE OR DESTRUCTION: INSURANCE 9. CASUALTY DAMAGE OR DESTRUCTION: In the event that the Buildings or any part thereof shall be damaged or destroyed by fire, (food, rain or hail storm, windstorm, hurricane. earth movement, or other casualty, Grantor shall notify Grantee in writing within thirty (30) days of the damage or destruction. such notification including what, if any, emergency work has already been completed. Grantor shall undertake no repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Buildings and to the Property and to protect public safety without Grantee's prior written approval. Within sixty (60) days of the date of damage or destruction, if required by Grantee, Grantor at its expense shall submit to the Grantee a written report prepared by a qualified restoration architect or engineer, who are acceptable to Grantor and grantee, which report shall include the following: a. An assessment of the nature and extent of the damage; b. A determination of the feasibility of the restoration of the Buildings and/or reconstruction ofdantagcd or destroyed portions ofthe Buildings; and c. A report of such restoration/reconstruction work necessary to return the Buildings to the condition existing at the date hereof, 10. REVIEW AFTER CASUALTY DAMAGE OR DESTRUCTION: If, after reviewing the report provided in paragraph 9 and assessing the availability of insurance proceeds after satisfaction of any mortgagec's/lender's claims under 11, Grantor and grantee agree that the Purpose of the Easement will be served by such restoration/reconstruction, Grantor and Grantee shall establish a schedule under which Grantor shall complete the restoration/reconstruction of the Buildings in accordance with plans and specifications consented to by the parties up to at least the total of the casually insurance proceeds available to Grantor. ff, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under paragraph 1 I, Grantor and Grantee agree that restoration/reconstruction, Grantor and Grantee agree that restorationireconstruction of the Property is impractical or impossible, or agree that the Purpose of the Easement would not be served by such restoration/reconstruction, Grantor may, with prior written consent of Grantee, alter, demolish. remove, or raze one or more of the Buildings, and/or construct new improvements on the Property. Grantor and Grantee may agree to extinguish this Easement in whole or in part in accordance with the laws of the State of Florida and paragraph 25 hereof, if, after reviewing the report and assessing the availability of insurance proceeds after satisfaction army mortgagee's/lender's claims under paragraph 11, Grantor and Grantee arc unable to agree that the Purpose of the Easement will or will not be served by such restoration/reconstruction. the matter may be referred by either party to binding arbitration and settled in accordance with the State of Florida's arbitration statute then in effect. f� ydr-'x 141 OFF NEC OK 20 r a8PGO749 I I. INSURANCE: Grantor shall keep Property insured by an insurance company for the full replacement value against loss from perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death, and property damage. Property damage insurance shall include change in cottditio:i and building ordinance coverage. in form and amount sufficient to replace fully the damaged Property and Buildings without cost or expense to Grantor or coinsurance front Grantor. Such insurance shall inciudc Grantee's interest and name Grantee as an additional insured. Grantor shall deliver to Grantee, within ten (10) business days of the receipt of Grantee 's written request therefore, certificates of such insurance coverage, Provided, however, that whenever the Property is encumbered with a mortgage or deed of trust, nothing contained in this paragraph shall jeopardize the prior claim, if any, of the mortgagee/lender to the insurance proceeds. INDEMNIFICATION; TAXES 12. iNDEMNIFICATION: Grantor hereby agrees to pay, protect, indemnify, hold harmless and defend at its own cost and expense. Grantee, its agents, trustees. directors, officers, and employees, or independent contractors from and against any and all claims, liabilities, expenses, costs. damages, losses. and expenditures (including reasonable attomey's fees and disbursements hcrcaffer incurred) arising out of or in connection with injury to or death of any person; physical damage to the Property; the presence or rcicascin, on, or about the Property, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any law, ordinance, or regulation as a hazardous, toxic, polluting, or contaminating substance; or other injury or other damage occurring on or about the Property, unless such injury or damage is caused by Ctnntee or any agent, trustee, director, officer, employee, or independent contractor of Grantee. In the event that Grantor is required to indemnify Grantee pursuant to terms of this paragraph, the amount of such indemnity, until discharged, shall constitute a Iicn on the Property with the same effect and priority as a mechanic's lien. Provided, however, that nothing contained herein shall jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note secured by the property. 13. TAXES: Grantor shall immediately pay, when first due and owing, all general taxes. special taxes, special assessments. water charges, sower service charges. and other charges that may become a Iicn on the Property unless Grantor timely objects to the amount or validity of the assessment or charge and diligently prosecutes an appeal thereof, in which case the obligation hereunder to pay such charges shall be suspended for the period permitted by law for prosecuting such appeal and any applicable grace period following completion of such action. In place of Grantor, Grantee is hereby authorized, but in no event required or expected, to make or advance upon three (3) days prior written notice to Grantor, any payment relating to taxes, assessments, water rates, sewer rentals, and other governmental or municipality charge. (Inc. imposition, or lien asserted against the Property. Grantee may make such payment according to any bill, statement, or assessment procured from the appropriate public office without inquiry into the accuracy ofsuch bill, statement, or assessment or into the validity of such tax, assessment, sale, or forfeiture. Such payment, if made by Grantee. shall constitute a lien on the Property with the effect and priority as a mechanic's lien. Provided, however, that OFF REC K 20 ! r?SPG0750 nothing contained herein shall jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note secured by the properly. ADMINISTRATION AND ENFORCEMENT 14. WRITTEN NOTICE: Any notice that either Grantor or Grantcc may desire or be required to give to the other party shall be in writing and shall be delivered by one attic following methods: one -day (overnight) courier. postage prepaid; facsimile transmission. registered or certified mail with return receipt requested, or hand -delivery. If the notice is sent to the Grantor, then it shall be sent to 118 SW South River Drive, Miami, Florida 33130, and, if to Grantcc. then to 116 Ncw Montgomery, 4th floor, San Francisco, CA. 94105. Each party may change its address as set forth herein by a notice to such effect to the other party. 15. EVIDENCE OF COMPLIANCE: Upon request by Grantor. Grantee shall promptly furnish grantor with certification that, to thc bat of Grantee's knowledge, Grantor is in compliance with the obligations of Grantor contained herein or that otherwise evidences thc status of this Easement to thc extent of grantee's knowledge thereof. 16. INSPECTION: With appropriate prior notice to Grantor. representatives or Grantee shall be permitted at all reasonable limes to inspect the Property, including such interiors of Buildings that may be protected by this Easement. 17. GRANTEE'S REMEDIES: Grantee may. following reasonable written notice to Grantor, institute suit(s) to enjoin any violation of the terms of this casement by er party. temporary, preliminary. and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Property and Buildings to the condition and appearance that existed prior to thc violation complained of. Grantee shall also have available all legal and other equitable remedies to enforce Grantor's obligations hereunder. Prior to commencing any legal or equitable remedies against Grantor available to Grantee under this agreement, Grantee shall first submit any such dispute or claim to mediation in accordance with the rules and procedures promulgated by the Florida Supreme Court for the Florida Bar, to be paid at the expense of the Grantor. the results of which may be binding upon thc parties. [n the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for any costs or expenses incurred in connection with Grantee's enforcement of the terms of this Easement. including but not limited to all reasonable court costs, and attorneys, architectural, engineering, and or expert witness fees. Exercise by Grantee ofone remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting any other remedy at any other timc. 18. NOTICE FROM GOVERNMENTAL AUTHORITIES: Grantor shall deliver to Grantee copies of any notice of violation or lien relating to the Properly received by Grantor from any governmental authority within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice or lien where compliance is required by law. 9. NOTICE OF PROPOSED SALE: Grantor shall promptly notify Grantee in writing of any proposed sale of the Property and provide the opportunity for Grantcc to explain the terms of the Easement to potential new owners prior to sale closing. • DM MK. 28108P60751 20. LIENS: Any lien on the Property created pursuant to any paragraph of this Easement may he confined by judgment and foreclosed by Grantee in the same manner as a mechanic's lien. except that no lien created pursuant to this Easement shall jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory not secured by the Property. BINDING EFFECT; ASSIGNMENT 21. RUNS WITH THE LAND: Except us provided in paragraphs 10 and 25, the obligation imposed by this Easement shall be effective in perpetuity and shall be deemed to run as a binding servitude with the Property. This casement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee. and the words "Grantor" and "Grantee" when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word "Grantee" shall include all such successors and assigms. Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the Property by reason of a boon fide transfer. The restrictions. stipulations, and covenants contained herein in this Easement shall be inserted by Grantor, verbatim or by express reference. in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part thereof, including by way of example and not limitation, a lease of all or a portion of the Property. 22. ASSIGNMENT: Grantee may convey, assign, or transfer this Easement to a unit of federal. state, or local government or to a similar local, state, or national organization that is a 'qualified organization" under Section 170(h) of the Interval Revenue Code whose purposes. inter rrliu, are to promote the preservation or conservation of historical, cultural, or architectural resources, provided that any such conveyance, assignment. or transfer requires that the Purpose for which the Easement was granted will continue to be carried out. 23. RECORDING AND EFFECTIVE DATE: Grantee shall do and perform at its own cost all acts necessary to the prompt recording of this instrument in the land records of Miami -Dade County, Florida Grantor and Grantee intend that the restrictions arising under this Easement lake effect on the day and year this instrument is recorded in the land records of Miami -Dade County, Florida. PERCENTAGE INTERESTS; EXTINGUISHMENT 24. PERCENTAGE INTERESTS: For purposes of allocating proceeds pursuant to paragraphs 23.3, Grantor and Grantee stipulate that as of the date of this Easement, Grantor and Grantee arc each vested with real property interests in the Property and that such interests have a stipulated percentage interest in the fair market value of thc Property. Said percentage interests shall be determined by the ratio of the value of the Easement on the effective date of this Easement to the value of the Property, without deduction for the value of the Easement, on thc effective date of this Easement. The values on the effective date of the Easement shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to OFF, NEC lkf. 201O8PG0752 Section 170(h) of the internal Revenue Code. The parties shall include the ratio of those values with the Baseline Documentation (on file with Grantor and grantee) and shall amend such values, i f necessary, to reflect any final determination thereof by the internal Revenue Service or a our of competent jurisdiction. For purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant, and the percentage interests of grantor and Grantee in the fair market value of the Property thereby determinable shall remain constant, except that the value army improvements made by Grantor after the effective date of this Easement is reserved to the Grantor. 25. EXTINGUISHMENT: Grantor and grantee hereby recognize that circumstances may arise that may make impossible the continued ownership or use of the Property in a manner consistent with the Purpose of this Easement and necessitate extinguishment of the Easement. Such circumstances may include, but arc not limited to, partial or total destruction of the Buildings resulting from casualty. Extinguishment must be the result of a judicial proceeding in a court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the event of any sale oral! or a portion of the Property (or any other property received in connection with an exchange or involuntary conversion of the Property) after such termination or extinguishment, and alter the satisfaction of prior claims and any costs or expenses associated with such sale, Grantor and grantee shall share in any net proceeds resulting from such sale in accordance with their respective percentage interests in the fair market value of the Property, as such interests arc determined under the provisions of paragraph 24, adjusted if necessary, to reflect a partial termination or extinguishment of this Easement. MI such proceeds received by Grantee shall be used by Grantee in a manner consistent with Grantee's primary purposes. Net proceeds shall also include, without limitation, net insurance proceeds. In the event of extinguishment, the provisions of this paragraph Shall survive extinguishment and shall constitute a lien on the Property with the same effect and priority as a mechanic's lien, except that such lien shall not jeopardize the priority of any mortgage or deed of trust given in connection with a promissory note secured by the Property. 26. CONDEMNATION: Ilan or any part of the Properly is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and grantee shall join in appropriate proceedings at the time of such taking to recover the full value of those interests in the Property that arc subject to the taking and all incidental and direct damages resulting from the taking. After the satisfaction of prior claims and net of expenses reasonably incurred by Grantor and Grantee in connection with such taking, Grantor and grantee shall be respectively entitled to compensation from the balance of the recovered proceeds in conformity with the provisions of paragraphs 24 and 25, unless otherwise provided by law. INTERPRETATION 27. INTERPRETATION: The following provisions shall govern the effectiveness, interpretation, and duration of the Easement: a. Any rule of strict construction designed to limit the breadth of restriction on alienation or use of Property shall not apply in the construction or interpretation of this tI OFF. RR lIII, 20106PG0753 Easement, and this instrument shall bc interpreted broadly to effect its Purpose and the transfer of rights and the restrictions on use herein contained. b. This instrument may be executed in two counterparts, one of which may bc retained by Grantor and the other, alter recording. to bc retained by Grantee. In thc event of any disparity between the counterparts produced, thc recorded counterpart shall in all CMS govern. c. This instrument is made pursuant to the Act, but the invalidity of such Act, but the invalidity of such Act or any pan thereof shall not affect the validity and enforceability of this Easement according to its terms, it being the intent of the panics to agree and to bind themselves, their successors. and their assigns in perpetuity to each term of this instrument whether the instrument be enforceable by reason of any statute, common law, or private ac,ccment in existence either now or hereafter. The invalidity or unenforccabiiityofany provision of this instrument shall not affect the validity or enforceability of any other provision of this instrument or any ancillary or supplementary agreement relating to thc subject matter thereof. d. Nothing contained herein shall bc interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event ofany conflict between any such ordinance or regulation and the terms hereof, Grantor promptly shall notifj'Granteeofsuch conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both this Easement and such ordinance or regulation. c. To the extent [hat Grantor owns or is entitled to development rights which may exist now or at some time hereafter by reason of the fact that under any applicable zoning or similar ordinance the Property may be developed to a more intensive use (in terms of height, bulk, or other objective criteria related by such ordinances) than the Property is devoted as of the date hereof, such development rights shalt not be exercisable on. above, or below the Property during the term cline Easement, nor shall they be transferred to any adjacent parcel and exercised in a manner that would interfere with the Purpose of this Easement. f. To the extent that any action taken by grantee pursuant to this Easement gives rise to a claim of breach of contract, Grantor arid Grantee agree that thc sole remedy on the pan of the grantor shall be reimbursement of actual direct out-of-pocket expenses reasonably incurred by Grantor as a result of such breach and that grantor shall not have any right to indirect, consequential, or monetary damages in excess of such actual direct out-of-pocket expenses. AMENDM ENT 28. AMENDEMENT: if circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend this Easement, provided that no amendment shall be made that will adversely affect the qualification of this Easement or the status of the Grantee under any applicable laws. including Sections 170(h) and 501(c)(3) of the Internal Revenue Code and the laws of the State of Florida. Any such amendment shall be consistent with the protection of the conservation and preservation values of the Property and the Purpose of this Easement; shall not affect its perpetual duration; shall not permit additional residential and/or commercial development on the Property other w OM Mk 20 P 08PG0754 than the residential and/or commercial development permitted by this Easement on its effective date; shall not permit any private inurement to any person or entity; and shall not adversely affect the overall historical, architectural, natural, or cultural values protected by this Easement. Any such amendment shall be recorded in the land records of Miami-Dadc County, Florida. Nothing in this paragraph shall require l,*rantor or grantee to any amendment or to consult or negotiate regarding any amendment. ENDOWMENT 29. ENDOWMENT: Grantor agrees to assist the Grantee in the establishment of an Endowment. benefiting this Property and in favor of the Grantee, through a one-time gilt to the Grantee of $10,000.00. The Endowment shall serve the sole purpose of ensuring that adequate resources are available to the Grantee for regular and, at a minimum, annual inspection of the conditions of the Property during the existence of this Easement and to ensure thc Grantee's ability to comply with any other conditions fulfilling the Purposes of the Easement and contained herein. The Grantee shall manage or invest the Endowment in such a manner that reasonably assures that the Endowment is perpetually maintained for the benefit of the Property. THIS EASEMENT reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations arc null and void upon execution hereof, unless set out in this instrument. TO HAVE AND TO HOLD, thc said Preservation and Conservation Easement, unto the said Grantee and its successors and permitted assigns forever. This DEED OF PRESERVATION AND CONSERVATION EASEMENT may be executed in two counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, but both of which together shall constitute one instrument. 1N WITNESS WHEREOF, Grantor and Grantee have set their hands under scat on the day(s) and year set forth below. WITNESS: GRANTOR: Miami ,River Inn L.L.C. he `Sailyc Q'Judc -' Solitary Member Print Name: k.0 tit r* (' . /u eiy ....,�'. The foregoing instrument was acknowledged before me this A J day of t.tto-44c, 200J, by (t/f G. ..s.Sk ,as '5e(,fabat of Grantor, U-t, a limited liability corporation orthc State of Florida, on behalf of said corporation. SIHe (notary choose one): (kris personally known to me, or [ ] has produced as identification. Prepared by: Christopher R. Eck, Esquire Miami -Dade Office of Historic Preservation 140 West Flagler Street, Suite 1102 Miami, Florida 33130 Off. Ram 201 08PG0757 Boundary Oescription of MC Zoning District: Lots 1, 2, 3, 4, 15, 16, 17, and 18, less the Northerly 5 feet of Lots 3 and 4, of Block 18 of the plat of CITY OF MIAMI SOUTH, as recorded in Plat Book "S" at Page 41, of the Public Records of Dade County, Florida; together with that unplatted parcel of land fronting on the west bank of the Miami River, extending approximately 1O0 feet South of the S. W. I Street bridge, between the Miami River and S. id. South River Drive, further described as follows: Beginning at the point where the South line of 13 Street (new called S. W. 1 Street) as shown by the Map of Miami, Dade County, Florida, recorded in Plat Book "8" at Page 41, Public Records of Dade County, Florida, produced Easterly intersects the United States Harbor Line on the Westerly side of the Miami River; thence Northwesterly along said United States Harbor Line a distance of 15.5 feet more or less, to the South side of the S. W. I treet bridge as now constructed; thence with a deflection angle of 68 55'43", more or less, to the left run along said South side of the S. W. 1 Street bridge as now constructed a distance of 35.58 feet more or less, thence continuing along said South side of the S. W. 1 Street bridge as now constructed along the arc of a curve to the right, haying a radius of 889.92 feet, wore or less, and a central angle of 03 30 18" more or less, a distance of 54.44 feet, more or less. to a point on the said South line of 13 Street (now called 5. W. 1 Street) produced Easterly; thence East along said South line of 13 Street (now called S. W. 1 Street) produced Easterly a distance of 96.91 feet, more or less, to the point of beginning. Being the same property conveyed to the grantor and her deceased husband by the City of Miami by Quit Claire Deed dated April 21. 1931 and recorded in Deed Book 1442 at Page 303 of the Public Records of Dade County, Florida; and beginning at a point where the North line of Lot 3 of Block 18 South, according to Knowlton's Plat of Miami, Florida, produced East intersects the Easterly boundary of South River Street; thence Southerly along said Easterly 1 ine of South River Street to a point where a line drawn east and west through the center of Lot 2 if produced East intersects the Easterly line of South River•4S.treet; thence Easterly along said center line of Lot 2 produced east to the 'low mark of Miami River; thence Northerly along said low water 7fne to a point where the North line of said Lot 3 produced east would intersect said low water line; thence Westerly along said line produced East to point of beginning; with all submerged land between this tract and the channel of the Miami River, together with all riparian rights. LESS that portion thereof conveyed to the City of Miami by deed dated February 6, 1931, recorded in Deed Book 1445 at Page 524 of the Public Records of Dade County, Florida, and also less that portion dedicated to the City of Miami by deed dated March 26, 1935, recorded in Deed Book 1622 at Page 342 of the Public Records of Dade County, Florida. HC toning. Classification: Historic District HARD RUM 2- IXERKORC111rpp,,pr Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 11 Exhibit G Florida Department of Transportation's "Presentation to Bridge Aesthetic Committee" for SR 968 / SW 1st Street Bascule Bridge Over the Miami River SAVAGE - LEGAL SR 968 / SW 1 ST STREET BASCULE BRIDGE OVER THE MIAMI RIVER • Review of Project Need. * Update on Status of Project * Bridge & Contro House Aes • Miami River Inn Cottages built in 1908 — Direct Access to SW st St.(fka 1 3th St. • Bridge built in 1929 — Resource to S. River Dr. Historic Distr — Eliminated Direct Access — 3 Catwalks restore direct access • J.W. Warner House built in 1 91 Home to Miami Hispa.nic Cuiturd Arts Art/Theater • Approach Retaining Walls and Catwalks Proposed Access Improvements Project Need Roadway - Geometric Constraints Vertical clearances do not meet PPM / AASHTO criteria (I 6.5' PPM / 1 6' AASHTO) Project Need Roadway - Geometric Constraints Vertical clearances do not meet PPM / AASHTO criteria (I 6.5' PPM / 1 6' AASHTO) SW 1 st St. beneath the NB 1-95 on -ramp (1 4 -5" Existing Vertical Clearance) Project Need Roadway - Geometric Constraints • Vertical clearances do not meet PPM AASHTO criteria (1 6.5' PPM / 1 6' AASHTO) SW S. & N. River Dr (1 2' Existing Vertical Clearance) BRIDGE REPLACEMENT • Project Purpose & Need • Completed Fall 2013 BRIDGE REPLACE PD&E Commitment Bridge Aesthetics Committee "The FDOT has committed to establishing an advisory committee during the design phase of the project to address aesthetic and landscaping sues. The co nclude sthe Status of Project - Design Schedule Initiate Plans Production for Leasing (100% Plans) January 2017 Project Limits PD&E Project Limits: W. of SW 5th Ave. to SW 2nd Ave. • Design Project Limits: E. of SW 6th Ave. to SW 2nd Ave. • Match limits of adjacent project FM No. 418312-2 -1r40011, 3- 4, -333.33,1' F333333,,,--13333'.3 - , • 333331,;43.13;1,033i,33.3,10,1 BRIDGE REPLACEMENT I t f ,lK« .( \\»41\. % Control House Location Aerial Visibility Study BRIDGE . REPLACEMENT Roadway - Typical Sections at Bridge Approaches Existing Typical Proposed Typical 4 EB Travel Lanes 3 EB Travel Lanes No Bike Lanes / Shoulders 5.5' Bike Lanes /Shoulder with 2.5' inside Sidewalks less than 6' adjacent to shoulder curb and gutter (4.25' exist.) 6' in areas adjacent to curb and gutter; 5' Double face guardrail at face of 111 ,sidewalks behind traffic barrier curb Traffic barrier separates traffic from pedestria SHLDR : • N111441,6101V, k • ;• 0,,7,41t •••:11.. , 1111F.10,Niit BRIDGE REPLACEMENT MOB riAtiblitgiliaillittftni 13T-6' Tth Qhlllu 456° 'V! 1-411-111--P 0110,11041.d/ - L Approach Span Aesthetics §11i141., ,1'r,"H',1,!1,•'',1,''';'1011!,,C, • • BR DGE REPLACEME Approach Span Aesthetics ' BRIDGE REPLACEMENT - - - hkrA'.,:11d1 -"gitOW"C.: .L4W ' - BRIDGE REPLACEMENT BiRIDGE REPLACEMENT rftSio,7: MOSE REPLACEMENT Aesthetics — Traditional Control House Aesthetics Mediterranean Style Control House Project Area — Construction Complete ,,,,411141},N9E'ri:,4,tfj,„'14 .. _ ,ui„� � _. Project Area — Construction Complete ri? 2"1= i EY i rrr.11-*.fr-fr • —raw, — , r - rk ittr4r,75- ,74.4alli19"*" ..1,1r442A PARIGNie I Hagler Street Temporary MOT Configuration Bus Stop Temp. Closed/Re located Temporary Bus Stop Unaffected Bus Stop Unaffected Signalized Intersection Signalized I ritersection Modified for Detour Maintenance of Traffic - SW N. River Dr. & SW S. River Dr. Detours LEGEND catzC) Detour Route cCrext) Bus Detour Route 0 Bus Stop Temp. Closed/Relocated Temporary Bus Stop Unaffected Bus Stop Local 1-1Atay City Street to be Ternp. Converted to 2-way Unaffected Signalized Intersection BRIDGE REPLACEMENT Traffic ControlPlan - SW 1st St. Detour to Flagler St. Converting to TCP Traffic Pattern @ SW 2nd Ave. _ BRIDGE REPLACEMENT op is, 41 Intersection Reconstruction at SW 5th Ave. Design features include gravity walls, pedestrian railings Maintain pedestrian access, provide ADA sidewalk grades and curb ramps Install "high emphasis" pedestrian crossing with advanced warning signage (coord. wi Traffic Ops for yellow beacons or Rectangular Flashing Beacon) Maintain On -street parkingon SW (any reduction meteredspaces o be coordinated ority )