HomeMy WebLinkAboutSubmittal-Elvis Cruz-Exhibit Package A-NSubmitted into the public
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OR. Bk 29277 Fss 41611 -. 4.212i Mpas)
RECORDED 08/20/21314 15:23:55
HAIA Y RUVIFIr CLERK OF COURT
III Al1:1:•-DADE COUNTYr FLORIDA
Space above this line resarved for recording office use)
Document Title: I— M �
(Mortgage, Deed, Construction. Lien, Etc.)
Executing Party:
Legal Description:
(If Applicable)
As more fiflly described in above described document.
Return Document To / Prepared By:
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(Relevant excerpts of statute)
(1) No instrument by which the title to real property or any interest irgir ;`,:i, i-.`,
conveyed, assigned, encumbered, or otherwise disposed of shall be recor ?1 tSy`tm. N'
clerk of the circuit court unless: �b
4.
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are reserved for use by the clerk of the court...
CLK/CT 155 Rev. 04111
Submitted into the pubic
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on ZJ City Clerk
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into between (1) Morningside Civic
Association, Inc., a Florida not-for-profit corporation, which for all purposes of this Agreement
includes the following individual Appellant Morningside Neighborhood residents in their
respective individual capacities: Rod Alonso, Rob Stebbins, Scott Crawford, and Elvis Cruz,
jointly and severally, (collectively referred to for both the Momingside Civic Association, Inc.
and the nained individual Appellants as "Morningside"); (2) Bayside 5101, LLC, a Florida
Limited Liability Company ("Bayside"), as successor in interest to Chetbro, Inc., a Florida
corporation ("Chetbro" or "Developer"); and (3) the City of Miami, a Florida municipal
corporation ("City"). Morningside, Bayside, and the City are collectively referred to as the
"Parties."
RECITALS
WHEREAS, Bayside is the owner of the properties located at 5101 Biscayne Boulevard
(Folio No. 01-3129-018-00702) and 5125 Biscayne Boulevard (Folio No. 01-3219-017-0090)
located in the City of Miami, Florida, which are more particularly described in the Warranty
Deed attached hereto as Exhibit "A"„ (collectively, the "Property');
WHEREAS, on or about July 21, 2004, the Director of the City's Planning and Zoning
Department, pursuant to Article 15, Sections 609.3, 1512, and 923.2 of City Zoning Ordinance
11000, issued Class II Special Permit No.2003-0309 ( "Class II") to Chetbro;
WHEREAS,the Class 11 authorized the new construction of a mixed use building at the
Property to include 63 residential units, 87.4 feet in height, 8 floors, 89 parking spaces, and
87,275 square feet of residential floor area (1.72 FAR), as more particularly described in the
attached Exhibit "B" and as analvzed for Gross Floor Area ("GFA") in,,41lt;�_(ift'ie t fled
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"Bayside Motel Approved Project Floor Areas," dated December 2, 2013, prepared by DB Lewis
Architecture and Design attached hereto as Exhibit "C";
WHEREAS, Morningside appealed the issuance of the Class II to the City's Zoning and
Appeals Board ("Zoning Board") and on October 4, 2004, the Zoning Board issued Resolution
ZB 2004-0928 denying Morningside's appeal;
WHEREAS, Morningside then appealed the Zoning Board's decision to the City
Commission and, on November 18, 2004, the City Commission adopted Resolution 04-01208
reversing the decision of the Zoning Board;
WHEREAS, the Developer appealed to the Appellate Division of the Eleventh Judicial
Circuit Court in and for Miami -Dade County and on July 14, 2006 the Court quashed the
decision of the City Commission and remanded the matter to the Commission for further
proceedings;
WHEREAS, on February 28, 2008, the City Commission granted the Class II subject to
a further height reduction for the project of 35 feet from the previously approved height;
WHEREAS, the Developer appealed again to the Appellate Division of the Eleventh
Judicial Circuit Court in and for Miami -Dade County and on November 13, 2008, the Circuit
Court affirmed the Miami City Commission's decision;
WHEREAS, the Developer appealed to the Third District Court of Appeal of Florida and
in an opinion dated October 7, 2009 and reported as Dougherty v. City of Miami, 23 So. 3d 156
(Fla. 3d DCA 2009), the Court of Appeal granted certiorari and quashed the decision of the
Circuit Court remanding back to the City Commission;
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WHEREAS, on remand from the second appeal, the City Commission conducted a de
novo review and on May 27, 2010, again imposed a 35 -foot height limitation on the development
of the Property;
WHEREAS, upon appeal, the Developer was denied relief by the Circuit Court and
appealed to the Third District Court of Appeal of Florida and, in an opinion dated April 25, 2012
and reported as Dougherty v. City of Miami, 89 So. 3d 963 (Fla. 3d DCA 2012), the Court of
Appeal granted the Developer's writ of certiorari and quashed the decision of the Circuit Court;
WHEREAS, upon remand from the Third District Court of Appeal, the City Commission
approved Resolution No.13-0013 denying Morningside's appeal and affirming the decision of
the Zoning Board, in accordance with the opinion -of the Third District Court of Appeal,
approving the Class Il for the development of 63 residential units, 87.4 feet in height, 8 floors, 89
parking spaces, and 87,275 square feet of FAR, consistent with the plans attached hereto as
Exhibits B and C
WHEREAS, the existing two-story historic structure (a/k/a Bayside Motor Inn Motel)
located on the Property consists of 13,511 square feet;
WHEREAS, the Miami ModernBiscayne Boulevard Historic District ("MiMo District")
was established by the City Commission on June 6, 2006;
WHEREAS, Norningside and the City have raised concerns regarding the potential
impact of the Project on the MiNIo District and surrounding neighborhoods;
WHEREAS, Bayside recognizes that Morningside and the City have concerns regarding
the potential impact of the Project on the MiMo District and surrounding neighborhoods;
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WHEREAS, Bayside wishes to mitigate the Project's perceived impact on the MiMo
District and surrounding neighborhoods by agreeing to certain conditions and knowingly and
voluntarily forgoing certain development rights as granted in the Class II;
WHEREAS, the Parties amicably desire to resolve all of the concerns, issues, claims,
rights, and entitlements raised by Morningside and the City with respect to the development of
the Property, including the height of the proposed building as approved in the Class Il;
WHEREAS,on October 22, 2009 , the City has legislatively instituted,_ in the applicable
sections of Chapter 23 of the City Code and the Miami 21 Zoning Ordinance, a height restriction
of 35 -feet for new buildings or structures developed within the boundaries of the MiMo District;
NV)FIEREAS,the City has created the Transfer of Development Rights ("TDRs")
program, set forth in Section 23-6 of the City Codeto encourage new construction and
improvements to existing structures located within the boundaries of the MiMo District and to
redress the loss of property rights to those property owners located within the MiMo District by
the imposition of the 35 -foot height limitation; and,
NOW, THEREFORE, in reliance upon the recitals stated above, and in consideration of
the mutual covenants, conditions, and agreements contained herein, each Party hereto, on its own
behalf, and on behalf of the entities specifically noted or referred to herein, intend to be legally
bound, stipulate, and agree as follows;
1. Recitals. The foregoing recitals are true, correct, and incorporated herein by
reference and no Party shall raise, and each Party expressly knowingly and voluntarily waives,
any defense to the enforcement of this Agreement based on any assertion that it is unenforceable
for any reason whatsoever, including, without limitation; public policy considerations.
2. In consideration of the terms of this Agreement, the City agrees as f6ll'6Vr,."
�! If
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A. Release by the City. The City hereby releases, acquits, satisfies, and
discharges Bayside and Morningside from any and all claims, demands,
liabilities, debts, judgments, damages, expenses, actions, causes of action, or
suits related to the issuance of the Class II and various related appeals, or any
alleged violations of the City's Laws and Ordinances that the City may have,
may have had, or does now have to bring against Bayside and Morningside
which involves this Class II Permit that was granted for the Property.
B. Transfer of Development Rights. The City agrees that in order to encourage
the preservation of the historic Property and to minimize the impact of the
development of the Property on the MiMo District and surrounding
neighborhood, as permitted under the Class II, Bayside will be allowed to
transfer the available unused development rights of the approved Class II in
exchange for Bayside's withdrawal and abandonment of the Class II Special
Permit and forfeiture of rights to issuance of a building permit pursuant to the
Class II. Specifically, the City agrees to issue a TDR Certificate -of Eligibility
("COE") and Certificate(s) of Transfer ("COT"), subject to the following:
(a) The Property qualifies as eligible contributing resource for the purposes of
participating in the T DR program.
(b) The TDR process will go through the standard reviews for the issuance of
the respective COE and COT as appropriate. To the extent required by
Chapter 23 of the City Code of Ordinances, as amended., Bayside will
apply to the Historic and Environmental Preservation B for
Coo,
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approval of the rehabilitation project prior to receiving any TDR
certification.
(c) The Property is legally vested under Zoning Ordinance 11000 and the SD -
9 zoning designations for development of 118,755 GFA of structure.
(d) The City recognizes the additional costs and requirements associated with
the rehabilitation of this historic property and, in the unique circumstances
and extensive litigation over the Property as set forth in this Settlement
Agreement, shall in this particular instance, permit a multiplier of not
more than four (4.0) times the unused floor area or unused development
rights in order to calculate the amount ofTDRs allowed to be transferred
to an eligible receiving site.
(e) Tlie City agrees that the unused available development rights for the
Property will be issued pursuant to a COE for a total of not more than
459,528 square feet of unused available TDR for the Property, to be
calculated as follows:
—4 (i) TDR Multiplier. 118,755 square feet of GFA Pursuant to Class II
x 4.0 TDR Multiplier = 475,020 square feet.
(ii) Total Unused Development Rights Available for Transfer:
475,020 square feet minus 15,492 square feet of existing hist ric
stricture located on the Property = 459,528 square feet of Total
Unused Development Rights Available for Transfer.
(iii)In all other respects, Bayside will comply with all requixetV ts,
Cc -
conditions, safeguards, and stipulations of the City:l T %1
0
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Ordinance, Section 23-6 of the City Code, which is deemed as
being incorporated by reference as though set forth in full herein.
3. In consideration of the terms of this Agreement, Bayside agrees as follows:
A. Release by Bayside. Bayside hereby releases, acquits, satisfies, and
discharges the City, its officials and employees, and Morningside from
any and all claims, demands, liabilities, debts, judgments, damages,
expenses, actions, causes of action or suit related to the issuance of the
Class II and various related appeals or any alleged violations of Bayside's
property rights that Bayside may have, may have had, or may hereafter
bring against the City and/or Momingside.
B. Indemnification of the City. Bayside agrees to indemnify, defend, save
and hold harmless the City, its officials and employees from any claims,
demands, liabilities, losses, causes of action of any nature whatsoever
arising out of or in connection with the Agreement, the granting of the
TDR COE, TDR COT, building permits, or any other approval or any part
thereof, and from any past, present, or future. development or use of the
Property as referenced in this Agreement, and additionally from and
against all costs, fees, expenses, liabilities, any orders, penalties, damages,
judgments, or decrees which may be entered and from and against all
costs, attorneys' fees (inclusive of trial, appellate, and administrative
proceedings), expenses, and liabilities incurred in the defense of such
claim or in the investigation thereof.
Y. w- c:ci
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C. Bindiniz Agreement. Bayside expressly understands and agrees that this
Agreement shall be binding upon Bayside, and also upon its heirs,
successors in interest, or assigns and shall be a condition implied in any
conveyance or other instrument affecting the title to the Property or any
portion thereof. This Agreement shall be recorded in the public records of
the Miami -Dade County by Bayside and its own cost and expense and
shall serve as a covenant running with this Property. Bayside
acknowledges that its representations and affirmations contained in this
Agreement touch and concern the Property. Bayside will submit a
certified copy of the recorded Agreement to the Planning Director within
thirty (30) days of the date the Agreement is recorded with a copy to the
City Attorney's Office.
D. Discontinuation of Appeals.Bayside further, on its own behalf and as the
successor in interest or assignee of the original Appellants in the Circuit
and Appellate Courts, Lucia Dougherty on behalf of Contract vendee J.
Laurence Eisnenberg, Trustee hereby affirms to the City, its officials and
employees and to Morningside that all appeals and proceedings styled
Dougherty v, City of Miami and Mon:irgside Civic Association, Inc., et
al., Petitioners vs. Miami City Commission, City of Miami, et. al. (Circuit
Court Appellate Division, 11`x' Judicial Circuit Case No. 13-055 AP) is
included in this Agreement and is rendered moot upon final approval of
this Agreement. The current appeal being pursued by,
:lvlp6n'ipg
relating to the Dougherty v. City of Miami will be dismissedwith prejudice <1
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by Morningside as it is also mooted by this Agreement. Any other
Appellate, administrative, or trial proceedings that are related to the
subject matter of this Agreement will be dismissed with prejudice with
each respective party to bear its own costs and attorneys' fees. Each party
to the current appeal currently pending between Dougherty and
Morningside, as they are identified above, will bear their own respective
costs and attorneys' fees.
E. Withdrawal of Class 11 Special Permit. Bayside agrees
that upon the issuance of the COE for the TDRs for the Property as set
forth herein and in order to minimize the impact of the development of the
Property, as permitted under the Class II, Bayside will withdraw and
abandon the Class II Special Permit and knowingly and voluntarily forfeits
and relinquishes its rights to the issuance of a building permit pursuant to
the Class II.
I. Transfer of Development Rights. Bayside expressly
agrees to adhere to the requirements for the preservation of eligible
historic resources using the provisions of the TDR Application
process as required under Section 23-6(8) of the City Code and any
other applicable provisions in Chapter 23 of the City Code of
Ordinances, as amended, including but not limited to the
following:
a. Bayside will transfer or sell the TDRs issued f6f-.0i6F
to an eligible receiving T6 zoned property,
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b. Bayside will provide an "existing conditions report', evaluating
the condition of the Property; and
c. Bayside will provide a "maintenance plan" for the repair and
maintenance of those items that have been identified as
deficient, deteriorated, or non-existent in the existing
conditions report.
2. Bayside expressly agrees to file and record a restrictive covenant
for the Property in a form acceptable to the City Planning Director
or authorized designee and the City Attorney as to legal form and
pursuant to the provisions of Section 23-6(11) of the City Code of
Ordinances, as amended, within thirty (30) days of execution of the
first Purchase and Sales Agreement for the sale or transfer of the
Property's TDRs to an eligible receiving site.
4. In consideration of the terms of this Agreement, Morningside agrees as follows:
A. Release by Morningside. Morningside hereby releases, acquits, satisfies and
discharges Bayside and the City, its officials and employees, from any and all
claims, demands, liabilities, debts, judgments, damages, expenses, actions, causes
of action or suit related to the issuance of the Class II and various related appeals,
or any alleged violations of the City's Laws and Ordinances that Morningside
may have, may have had, or may hereafter bring against Bayside and/or the City,
its officials and employees.
B. Transfer of Development Riahts.ln exchange for Bayside's withd �
Class II Special Permit and forfeiture of rights to a builditig';perrr t �an T `
v
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development of the Property pursuant to the Class 1I, Momingside will not oppose
approval of this Agreement, Bayside's TDR application, COE, COT, or any other
approvals required to complete the TDR applications for the Property as set forth
herein, including any approvals that may be required from the City's HEPB and
issuance of building permits for die renovation of the Property.
5. JurisdictionNentie. Each Party agrees that the Circuit Court of the Eleventh
Circuit of Miami -Dade County, Florida shall have exclusive jurisdiction to enforce and/or
interpret any of the terms and conditions of this Agreement, and may submit any disputes arising
under this Agreement by filing an action at law with that court for determination in accordance
with Florida law. In order to expedite the action at law under this section the Parties knowingly
and voluntarily waive their rights to demand a jury trial in any action brought under this section.
Each party shall bear its own attorneys' fees, providing, however, this does not apply if the City
must institute an action to compel Bayside to indemnify the City pursuant to Section 3(B) of this
Agreement in which instance Bayside shall pay the City's attorneys' fees.
6. Entire Agree ment/Amendment. This Agreement, including its recitals,
conditions, and releases contains all of the terms and conditions agreed upon by the Parties,
relating to its subject matter, and supersedes any and all prior and contemporaneous agreements,
negotiations, correspondence, understandings, and communications of the Parties, whether oral
or written, respecting the subject matter of this Agreement. This Agreement may be amended or
modified only in writing signed by all Parties hereto. This Agreement shall not be modified by
any oral statement, communication, agreement, course of conduct, or by anything other than'a
writing signed by all the Parties.
:`O Ate,:
syr,
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7. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the respective successors, heirs, grantees, and/or assigns of the Parties.
8. Authorization. Each person executing this Agreement on each Party's behalf has
been duly authorized to sign on behalf of the respective Party and to bind each Party to the terms
of the Agreement.
9. Non -Admission of Liability. The Parties agree that neither this Agreement nor
anything contained herein shall constitute or is to be construed as an admission by the Parties of
a violation of any federal, state, or local statute, any state or municipal code, or as evidence of
any other liability, wrongdoing, or unlawful conduct. The Parties acknowledge that they have
entered into this Agreement to avoid the costs and expenses of continued litigation and to settle
disputed claims.
10. Notice. All communications concerning this Agreement shall be in writing by
certified mail, return receipt requested (or by telex, telegram, or telecopy if properly confirmed
in writing by certified mail, return receipt requested) and shall be addressed to the Parties and
their representatives as shown below:
If to Bayside:
If to Momin side:
If to the City:
Lucia Dougherty, Esq.
Elvis Cruz
Johnny Martinez
Carlos R. Lago, Esq.
631 NE 57 Street
City Manager
Greenberg Traurig, P.A.
Miami, Florida 33137
City of Miami
333 Avenue of the Americas
Telephone: 305-754-1420
444 S.W. 2°d Avenue
Suite 4400
ElvisCniz@mac.com
Miami, Florida 33130
Miami, Florida 33131
Telephone: 305-416-1025
Telephone: (305) 579-0603
Facsimile: 305-416-1019
Facsimile: (305) 961-5603
tohnnymartinezCa miarnigov.com
doughertyl@gtlaw.com
lagoc@gtlaw.com
-and -
Avra Jain
888 Biscayne Boulevard
Suite 100
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Luis Femandez, Esq. Victoria M6ndez,St}!��'3
2250 SW 3 Avenue City Attorne�
Suite 303 444 S.W. 2° Aven.
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Miami, Florida 33132
Telephone:
Facsimile:
Miami, Florida 33129
Telephone: 305-854-5955
Facsimile: 305-854-5324
lfernandezlaw@aol.com
Miami, Florida 33130
Telephone: 305-416-1800
Facsimile: 305-416-5071
vinendez@miainigov.com
11. Execution.This Agreement may be executed by the Parties in counterpart
originals with the same force and affect as if fully and simultaneously executed as a single
original document. Fully executed duplicate originals of this Agreement shall be distributed to
the Parties.
12. Effective Date.The "Effective Date" of this Agreement shall be the date this
Agreement has been executed by all Parties.
13. Severability. If any section, part of section, paragraph, clause, phrase, or word of
this Agreement is declared invalid, the remaining provisions of this Agreement shall not be
affected.
14. No Third Party Beneficiaries, Bayside, Momingside, Chetbro, and the City
agree that it is not intended that any provision of this Agreement establishes a third party
beneficiary giving or allowing any claim or right of action whatsoever by any third party under
this Agreement.
15. City Commission Approval.This Agreement requires the approval of the Miami
City Commission.
16. Entire Aereement.This Agreement along with the attached Exhibits A, B, C and
D which are made a part hereof, constitute the sole and only agreement of the Parties relating to
the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the
other as of its date. Any prior agreements, promises, negotiations, or
expressly set forth in this Agreement are of no force or effect.
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IN WITTES HEREOF, the Parties have executed this Agreement.
ATTEST: CITY OF MIAMI, a Florida Municipal
(SEAL: Todd lhann8n, ity Clerk) Corporation ("CITY"}
By:
Jot Martin z, PE
Its:
City Manager
Dated: 1--&4—L Q
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
1,1 The foregoing instrument was acknowledged before me this o?K day of Janrbr
20Rby okm as the hfid
respectively, of CITY OF MIAMI, a Florida Municipal Corporation
who appeared before me and is personally known , to me, or has produced
as identification, Ind did take an oath.
My commission Expires: NOTARY:
OFFIIA E FEREZ
.`cs NY CCIJ2. Wz*N Y EE 109269
EX%RES: August . 2015VP&nWri�en
AS TO LEGAL FORM
AND
Attorney
Print Name: `
Notary Public, tate of Florida at Large
(Notarial Seal)
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BAYSIDE 5102, LLC, a Florida Limited ATTEST:
Liability Company ("Bayside ") (SEAL: IV( orlUCfA p0�4M,
br cot puone .state or Florio
By: �•,°!;,tcomm eExplrea7
Jul�� 2017
J(Z g 9i °" /
FF 027855
Its:
Dated: 7
17
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
it
The foregoing instrument was acknowledged before me this day of
2011by A -VRA - lr &r1 , as the meyi a-k—r— asd
reapgWycly, of BAYSIDE 5101, LLC, a Florida Limited Liability
Company, who appeared before me and is personally known to me, ,4r --lies nr•nrht .ed
as identification, and did take an oath.
My commission Expires: NOTARY:
Print Name: D _
Notary Public, State of Florida at Large
(Notarial Seal)
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MOMNINGSIDE CIVIC ASSOCIATION
INC., a Florida Non Profit Corporation
By:
i�1,`�`
Dated:
��00 Imm
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI -DARE )
ATTEST:
(SEAL:
The foregoing instrument was acknowlegged before me this P_ day of n 2011+y
L -U as the " of MORNINGSIDE CIVIC
ASS OCILATION INC., a Florida Non P611t Corporation who appeared before me and is
persoe, or has produced ;1ation, and did
take an oath.
My commission Expires: NOTARY: /%
Print N
��tttltitlttlly�
JOSS'
Notary Ppblic, Florida at Large
�` ••et G'96i''�
���
tai
�a?�' • '�pve%'gP����
(Notarial Se
Illtlitt
G:1'yJ
r1.
.,1
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This instrument prepared br.
Carlos R. Lago, Esq.
Greenberg Traurig
333 Avenue of the Amerkas, Suite 4400
Miami, FL 33131
iimiivanuinimuionmiin�imnin Q
CFN 2014RO690503
OR Bk 29336 F9s 2071 - 2090; (20p9s)
RECORDED 10/03/2014 14:56:40
HARVEY RUVINr CLERK OF COURT
MIAMI-DADE COUNTYr FLORIDA
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration's made this a day of
September 2014, by BAYSIDE 5101, LLC, a Florida limited liability company (hereinafter
referred to as the "Owner"), including its successors and assigns, is in favor of the CITY OF
MIAMI, a municipal corporation located within the State of Florida (hereinafter referred to as
the "City").
PREAMBLE
WHEREAS, the Owner sought and obtained a determination of eligibility by the
Historic Environmental and Preservation Board ("HEPB") of the City in accordance with Section
23-6 City of Miami Code of Ordinances, as amended ("City Code"), for the properties located at
5125 and 5101 Biscayne Boulevard, Miami, Florida 33137 (hereinafter collectively referred to as
the "Sending Property") and legally described in the attached hereto as Exhibit "A" (Folio Nos.
01-3129-017-0090 and 01-3129-018-0070), as located within the City's Miami Modern /
Biscayne Boulevard Historic District ("MiMo District"); and
WHEREAS, the Sending Property has a net lot size of approximately 118,755 square
feet and is presently developed with a two-story historically designated and contributing building
(a/k/a Bayside Motor Inn Motel) consisting of approximately 15,492 square feet of existing
building area; ander
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WHEREAS, on January 9, 2014, the Miami City Commission approved Resolution No.
R-14-0015 authorizing a Settlement Agreement between and among the Owner, the City, the
Morningside Civic Association, Inc., a Florida not-for-profit corporation, and various residents
of the area, resolving more than a decade of litigation between the parties regarding the
development of the Sending Property and concluding and agreeing that the Sending Property is
eligible for the transfer of a total of 459,528 square feet of unused development rights available
for transfer to eligible receiving site(s), as stipulated in that certain Settlement Agreement, as
recorded on August, 20, 2014 in Official Records Book 29277, at Page 4160, of the Public
Records of Miami -Dade County, Florida (the "Settlement Agreement"); and
WHEREAS, on March 25, 2014, the City issued Certificate of Eligibility No. TDR -
2014 -04 pursuant to the approved Settlement Agreement, authorizing a total of 459,528 square
feet of available transfer of development rights to unknown eligible "Receiving Site(s)" in
accordance with Chapter 23 of the City Code and Section 3.14 of Ordinance 13114, the City
Zoning Code ("Miami 21'1; and
WHEREAS, on February 4, 2014, the City's Historic and Environmental Preservation
Board ("HEPB") approved Resolution No. HEPB-R-14-006 issuing a Special Certificate of
Appropriateness for the restoration, partial demolition and additions to the Sending Property; and
WHEREAS, the Owner desires to make a voluntary binding commitment to assure that
the Sending Property shall be preserved and maintained in accordance with the provisions of this
Declaration and the City Code, including but not limited to, all applicable provisions of Section
23-6, entitled "Transfer of Development Rights".
2
MIA 1840610460
Submitted into the pubic
record for iters—,
on City Clerk
NOW THEREFORE,, the Owner voluntarily and knowingly covenants and agrees that
the Sending Property shall be subject to the following declarations and restrictions, which shall
be deemed a covenant running with and touching and concerning the land and binding upon the
Owner of the Sending Property, its heirs, successors and assigns as follows:
Section 1. The recitals are hereby incorporated as if fully set forth herein.
Section 2. The Owner hereby makes the following voluntary declarations running
with and touching the land regarding the Sending Property:
(a) Any construction on the Sending Property shall be completed pursuant to
the Special Certificate of Appropriateness as approved by the HEPB pursuant to Resolution No.
HEPB-R-14-006. Any proposed construction outside of the scope of work approved by an
existing Certificate of Appropriateness shall be completed pursuant to the issuance of a
Certificate of Appropriateness to be approved by either the City of Miami's Historic Preservation
Officer (the "Historic Preservation Officer") or the HEPB, as required by Chapter 23 of the City
Code. All work shall be done in accordance with the Secretary of the interior Standards and the
City of Miami Design Guidelines for Historic Resources. The building shall be preserved and.
maintained in accordance with the Existing Conditions & Improvement Report and the
Maintenance Schedule Report attached hereto as composite Exhibit "B".
(b) The Sending Property shall be maintained to a standard consistent with the
City Building Department's standards for "Forty (40) year recertification".
(c) The requirements set forth in Section 2 shall be binding upon the Owner,
its heirs, successors, grantees and assigns. C UJN
3 cEa�
ffi
MIR i840610460as� is ou +t?nss''C,
Submitted into the public
record f r ite (�) City Clerk
on `` II
(d) Notice of any change in ownership of the Sending Property shall be
provided to the Historic Preservation Officer within 30 days of the date of such transfer.
(e) The Receiving Property shall be located in a T6 Transect zone and must
be eligible to participate in the Public Benefits Bonus Program. The Receiving Property shall
have recorded against its title, in the Public Records of Miami -Dade County, Florida, a
Certificate of Transfer indicating the amount of square footage of development rights transferred
thereto.
(f) In the event that the development rights are transferred from the Sending
Property to an eligible Receiving Property, written notice by an addendum to this Declaration
shall be recorded on the Sending Property. The recording of the addendum as to the Sending
Property and the Certificate of Transfer as to the Receiving Property shall be done within thirty
(30) days of such transfer and a copy shall be provided to the Historic Preservation Officer of the
City.
Section 3. Effective Date. This Declaration shall become effective upon
recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect
for a period of thirty (30) years after the date of such recordation, after which time it shall be
extended automatically for successive periods of ten (10) years. This instrument shall constitute
a covenant running with the land on the Sending Property and shall be binding upon the Owners,
their successors and assigns. These restrictions shall be a limitation upon all present and future
Owners of the Sending Property and shall be for the public welfare, as part of the preservation of
buildings within the Miami Modern/Biscayne Boulevard Historic District. Certificates of
4��y�a • CLERK
MIA 1840610460
��4 COU
Submitted into the pu is
record f r ite (s) 5
on City Clerk
Transfer created and amended pursuant to the transfer of development rights included in this
Declaration shall also be recorded on the Receiving Properties once identified, as notice to the
public of the transfer.
Section 4. Modification Amendment Release. This instrument may only be
modified, amended, or released as to the Sending Property, or any portion thereof, by a written
instrument executed by the then Owner(s) of the Sending Property, including joinders by all
mortgagees, if any, provided that the same is also approved in writing by the Historic
Preservation Officer, the Director of the Planning Department, the Zoning Director or its
designated representative, and with legal form approved by the City Attorney.
Section 5. Inspection and Enforcement. This Declaration may be enforced by any
means provided by law. An enforcement action may be brought by the City by action in law or
in equity against any party or person violating or attempting to violate any covenants of this
Declaration, or provisions of the building and zoning regulations, either to restrain violations or
to recover damages. The prevailing party in the action or suit shall be entitled to recover costs
and reasonable attorney's fees, but attorney's fees shah not be awarded against the City. The
City may also enforce this Declaration pursuant to City Code Chapter 2, Article X, entitled
"Code Enforcement". This enforcement provision shall be in addition to any other .remedies
available under the law.
Section 6. Severability. Invalidation of any one of these covenants by judgment of
court shall not affect any of the other provisions of the Declaration, which shall remain in full
effect.
5
MIA 1840610460
Submitted into the public
record f r it m(s) 911 15
on a� L`1 _. City Clerk
Section 7. Recording. This Declaration shall be filed of record among the Public
Records of Miami -Dade County, Florida, at the Owner's expense within ten (10) days of
execution by the City. The Owner shall furnish a certified copy of the recorded Declaration to
the Historic Preservation Officer within thirty (30) days of its recordation. Certificates of
Transfer created and amended by the Owner and pursuant to the transfer of development rights
included in this Declaration shall also be recorded upon the Receiving Properties once they are
identified. The Owner shall likewise furnish a certified copy of the recorded Certificate of
Transfer to the Historic Preservation Officer within thirty (30) days of its recordation.
Section 8. Miscellaneous Provisions. This Declaration shall be construed and
enforced according to the laws of the State of Florida. Venue in any proceeding between the
parties shall be in Miami -Dade County, Florida. Each party waives any defense, whether
asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient
venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts
and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any
rights to a jury trial. Title and paragraph headings are for convenient reference and are not part
of this Agreement. No waiver of breach of any provision of this Declaration shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall
be effective unless made in writing. This Declaration constitutes the sole and entire agreement
between the parties hereto. No modification or amendment hereto shall be valid unless in
writing and executed according to Section 4 herein.
[Signature Pages to Follow]
6
MIA 1840610460
Submitted into the pu lic
record f r it(s)
e YL 15
on City Clerk
Signed, witnessed, executed and acknowledged on this -� day of -'kPVvtZFM 2014.
Witnesses: BAYSIDE 5101, LLC, a Florida limited liability
company
By: By:
Name: ?,�. -r�3 Avra Jain, its M ager
By:
Name: A ciat Cd�jf�j—
STATE OF FLORIDA
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this2-54 of t 2014 by
Avra Jain, as Manager of Bayside 5101, LLC, a Florida limited liability company. She is ❑
personally known to me or Whas produced ek-rJ V¢ as identification, and
did take an oath.
Ja�
Notary Public State of Florida at Large
My Commission Expires: Print Name �—
O'RY i
""""". f' -r- WANDA RODRIGUEZ
�''•• WANDA RODRIGUEZ ' ` : Notar Public ublic - State of Florida
" 7 •� M
' �a •o.; y Comm. Expires Mar 7, 2016
•` ;tP°- Commission M EE 177058
MIA 1640610460
Submitted into the pub c , 1
record fgrl City Clerk
on
APPROVED AS TO FORM AND
CORRECTNESS:
z
f
VI T RIA MENDEZ
City Attorney
APPROVED AS TO ZONING
REQUIREMENTS:
APPROVED AS TO IIEPB ORDINANCE
FOR TDR:
SSA
MEGAN ROSS SCHMITT
Historic Preservation Officer
APPROVED AS TO PLANNING
GUIDELINES:
IR NE S. HEGEDUS /RANCISCO bAAICIA
Zoning Administrator Director of Planning and Zoning
` CLERK
3
tY 600 hY TdUST'A `'?
MIA 1840610460
C
DB LEWIS-Architect
Submitted into the public
record fpr ite (s) 9 1�
EXHIBIT 1 on 5 11,5r) . City Clerk
EXISTING CONDITIONS & IMPROVEMENTS REPORT
And preliminary
MAINTENANCE SCHEDULE REPORT
For
5101 BAYSIDE, LLC
12 August, 2014
Prepared `or: The CITY OF MIAMI
Planning Department -Historic Preservation
RE: TDR Application. 5101 Biscayne Blvd.
For BAYSIDE 5101, LLC
Prepares: By
Dean B. Lewis, AIA, NCARB
Architect AR00173
DB LEWIS-Architect Submitted into the publicrecord �or it m(s) CZ, t5 _
on Z5 ) `7 City Cie"!,
A. SUMMARY 1 IDENTIFICATION 1 TDR Vouchers
Property Address: 5101, 5125 Biscayne Blvd..., Miami, FL. 33138, MIMO Historic District
Folios: 01-3219-018-0070, 01-3219-017-0090 —(5101 Bisc.Blvd. a Contributing Structure)
Legal Description: (See attached Survey)
Building Disposition: (2) Existing two story CBS Freestanding 'U' shaped buildings connected with a one story
common space lobby building.
Reference Site Plan: See attached - Existing Building Plan and areas provided in this TDR Application.
Owner: BAYSIDE 5101, LLC,
c/o: Ms. Avra Jain, MMBR.,4101 SW 14 ST.,Miami, FL. 33134
Site: Full Block with service driveway along eastern boundary.
Property parcels are fronting 3 public Right of Ways including Biscayne Blvd.
Utility services include: City water,. sewer, gas, and electric power.
Building Structure: Reinforced 2 story CBS structures built inl952 using standard means of the time for its intended
use, of extended stay motel, store and in grade pool, terrace amenities.
Amenities, Parking: Interior Courtyard w/fountain, South garden terrace area, off street parking,
Commercial Uses: 40 room Motel, Restaurant, Pool Terrace; allows for limited general commercial uses
Zoning: Miami 21 Zoning Code: T4-0 (Open). Density 36 DU/acre
Net Lot Area(s): 29,760 SF
Building Areas: 15,492 SF
TDR Vouchers: 459,526 SF See TDR -2014-04 Certificate of Eligibility (COE), attached;
( of which, 90,128 SF will be maintained, reserved on the property as guarantee to complete
the improvements, and final Maintenance Schedule Report of improvements as per Chapter
23 of City Code)
B. SCOPE OF WORK —as per City-HEPB Approved Plans — COA February 2014 (attached)
> Restoration and interior remodeling of existing courtyard buildings;
> Demolition of the non -historic one-story entrance lobby and the altered one-story wing at the SW corner of property;
> Construction of a double -height atrium lobby in place of the existing entrance lobby;
>Construction of a restaurant cafe addition in place of the existing one-story wing at the SW corner of property;
>Repair and refinishing of all stucco walls;
>Installation of new doors and windows;
Conditions of COA: (See attached Photos and copies of Approved Plans)
>W indow design shall reflect historic window types of 1950's motels; can include divided -light steel casement,
Awning, or jalousie windows. Frames shall be silver in color, and glass clear (low -e, approved). Operation types may
Casement or single hung.
>All applied brick details shall remain intact, including on window bands and columns; and painted contrasting color.
>The decorative concrete block garden wall fronting Biscayne blvd, shall be retained i returned on south boundary.
OA
DB LEWIS-Architect Submitted into the public
record r it m(s) Z �$
on
City Clerk
>Original railings shall be retained.
>All signage, lighting, site work, fencing, and landscaping shall be subject to HEPB approval.
>All mechanical equipment. including air conditioning compressors. electrical boxes, solar panels, etc.
shall be located so that it is not visible from the public right-of-way.
>All work to be in accordance with City approved building permits, including required building MEP systems;
>All mechanical equipment to be located away from / not visible from public right-of-way;
>A multi -layered landscape buffer of palms: trees, shrubs, and/or ground cover shall be planted between Residential
Commercial uses;
>No spillover lighting shall be allowed, light fixtures shall be full cut-off style.
I. OBJECTIVE — Identify Architectural Characteristics, Improvements
The purpose of our observations and resulting Report is to assess the general existing conditions of the building and site
improvements. This report is intended primarily to address the architectural character defining elements and the
improvements thereof which contribute the building's historical status. Further the report will identify in general terms those
areas that require remedial or replacement works. This Report is based on field observations and industry standards for
intended use. Note: Any I All suggested remedial, and/or new work to be performed in accordance with City HEPB Approved
PROJECT Plans, COA.
If. PROCEDURES & LIMITATIONS
On -Site evaluations of the property have been performed by our team to determine the condition of various components. We
were able to gain access to most of the accessible building areas and the exterior grounds of the property. We did not
remove any construction materials to inspect underlying structure. LIMITATIONS: Our observations are not intended to
warrant or guarantee the performance of any building components or systems. This Report is not an environmental impact
report and does not confirm the absence of asbestos, PCB's or toxic soils on the property. All representations are good faith
observations to existing conditions prior to renovations. Repair and Improvement cost estimates will be based on
approximate quantities and industry standard costs of material and labor available at the time of estimating. This Report is
not a detailed survey of quantities for hard construction cost estimating. The author does not warrant nor guarantee that
these good faith cost estimates represent an exhaustive accounting of all related costs of renovations anticipated.
III, GENERAL CONSTRUCTION
The building structure is of concrete masonry with reinforced concrete columns and beams on a reinforced concrete slab on
grade. Roof and Floor Construction is of wood joists and occasional steel beams generally protected by plaster board
ceilings. Generally, construction is consistent with means methods and standards of care acceptable at the time of
construction.
IV. GENERAL OBSERVATIONS
All general comments and cost estimates are based on visual observation of all visible building and site elements,
architectural components integral to the building structure and industry standards of construction at the time of this report and
at the actual time of construction. The following is a summary of architectural observations, suggested repairs, and
improvements in accordance with City HEPB-COA, February 2014.
A. WALL CONSTRUCTION:
I. Masonry Bearing Walls:
Built of 8 inch concrete masonry units with reinforced concrete tie beams and columns on spread footings;
the overall integrity of the structural shell is good and consistent with building practices of the period. Walls are
supported on a concrete spread footing foundation system on dry compacted fill. There is no evidence of settlement,
generally good alignment, no irregularities. Tie Beams, columns and slabs in fair to good condition. Variety of hairline
and fine sized cracks were visible on exterior walls. Crawl space under north building has flood vents, condition fair,
anticipate some repairs, re -sealing, refinishing.
H. Steel / Concrete Framing Systems, Improvements:
There are no existing Steel / Concrete frame systems at the existing buildings. Renovation pians call for a new steel
frame entrance canopy at the new lobby. Also the new lobby roof will be framed with a steel joist system. Other
remodeling work may employ steel or concrete framing for wall partitions, roof load distribution etc. Once this
Submitted into the public
DB LEWIS-Architect record f`r iter (s) 4 L - 15
on s1,� ��`� City Clerk
system(s) is designed and engineered Owner and AOR will provide estimated cost at time of permitting construction
documents,
iii. Wood Framing Systems;
1. The existing wood framing of the interior partition walls, roof framing and floor framing is generally of fair to good
condition and will remain. Any damaged members to be repaired or replaced with code compliant means and
standards including required fire protecton for intended uses. Remodeling, renovation plans call for new interior
wall framing which will be cost estimated at time of permitting.
B. ROOF CONSTRUCTION / Repairs — Improvements:
1. The roof structure, typically good condition, is a wood framed system consisting of 2"x10" at 16" on center, including
diagonal bracing, supporting roof decking with a built-up roof membrane BUR. Future re -roofing should be done with a
quality BUR membrane product system with minimum sloping to code compliant roof drains or gutters. Evidence of
previous roof deck repairs due to roof leaking. All BUR roofing in poor condition, should be replaced. We recommend
roof deck repairs, new flashing and replacing all the existing insulation with new R-30 Batts or Blown insulation, to
improve energy performance and sound absorption
C. WINDOWS /Storefront -Repairs - Improvements:
1. All existing windows of aluminum frames, are double hung, awning, casement or fixed storefront in good to fair
condition. Repair, replace all doors windows in accordance with approved plans using clear, low -e glazing, silver color
frames. Operation to be either casement or single hung. Storefront fixed windows in new lobby and restaurant according
to approved plans.
D. DOORS / Storefront -Repairs - Improvements:
We recommend that all existing doors be repaired, refinished and re -sealed including hardware where required for safe
security and weather proofing. Storefront fixed windows in new lobby and restaurant according to approved plans.
E. EXTERIOR BALCONIES, CORRIDORS, STAIRS / Repairs - Improvements:
1. Existing, exterior corridors, (breezeways) and stairs are to be maintained, repaired and refinished as per plans.
2. A new exterior stair will be built as per approved plans on the west fagade of the new restaurant caf6.
3. Existing stairs of the courtyard buildings to be refurbished, refinished.
F. DECORATIVE ORNAMENT/ Repairs -Improvements:
1. Existing slump brick 'wrapping'. bands at windows to be maintained, repaired and refinished in contrasting color
2. Existing metal railings to be maintained, repaired and refinished as per plans.
3. Artist Mural work: restoration will include integration of a contemporary artists mural work on an accent wall(s).
G. SITE WORKS / Repairs - Improvements
1. Perimeter Landscape buffering, hardscape pavers and required maintenance, irrigation to existing.
2. Future resurfacing of parking area and new water fountain terrace paving is planned.
3. The decorative concrete block garden wall at southeast boundary, will be restored and extended eastward,
H. ELEVATORS I NIA
Currently there is no elevator, nor ADA lift. If futures permit plans integrate a lift. it will be in an interior location
and not visible from the exterior facades of the public right-of-way.
I. MECHANICAL Systerns / Repairs — Improvements:
1. The HVAC system for the motel rooms are thru the wall PTAC units located within the tenant spaces they serve
controlled by local thermostat . They are in fair to poor condition and need to be repaired, upgraded. New flush
mounted PTACs with architectural grilles are planned in renovations. The HVAC system for the new Lobby will
employ an integrated rooftop unit. The Restaurant and Kitchen spaces will be conditioned with air cooled split air
condition units. Hood exhaust, forced air fan units for the kitchen.
2. Existing AC units need testing and provide general maintenance. Clean coils, provide proper supports and hurricane
straps. Seal wall penetrations, repair refrigerant insulation, reroute A/C condensate drain piping for proper drainage.
J. PLUMBING System / Repairs — Improvements:
1. Tenant toilet facilities each include lank type water closet and pedestal -repair, replace as required.
2. Repair/ replace float valve(s). repair leaks on irrigation system, video sanitary piping to verify conditions.
3. Repair / replace hose bibs. patch wall penetration for rain water leader(s).
4. Anticipate tenant demand for ADA compliant toilet facilities.
5. Add new public bathrooms , to serve lobby, and new restaurant /caf6 and terraces.
DB LEWIS-Architect submitted into the public
record f r ite s
City Clerk
K. ELECTRICAL System / Repairs — Improvements:
1. The main disconnects for the individual units are 100 amps
2. The main disconnects in the meter room were observed to oe in fair condition with minor corrosion.
3. There is also a house meter which is not currently used.
4. The electrical ground wire is bonded to ground rods, verify.
5. in general, the main electrical service equipment was observed to be in good condition.
6. Distribution panels are located in each unit are in good condition but missing circuit identifications. Timers at each.
7. Life safety devices consist of exit and emergency lights, to reconfigure with renovations.
8. Repair all conduit raceways, outets and switches as required. Repair or replace exiUemergency lights as needed,
9. Label and identify all circuits in panels.
10. Expand service to integrate new restaurant, kitchen and lobby.
L. FIRE PROTECTION / Life Safety Systems / Repairs — Improvements:
1. Existing Building is Non-Sprinklered;
2. All combustible structural members (floors/ceilings/roof) are generally protected with fire rated ceiling
assemblies; UL 1 -hour rated compliance should be verified, assured at all penetrations and tenant separations.
3. Functional electronic fire alarms, strobes and pull boxes required to meet current codes;
4. Anylall exposed structural members to receive minimum 1 -hour fire protection treatment.
M. HANDICAPPED Accessibility/ Repairs— Improvements: NIA
1. Public entrance accessible, no repairs required. Future tenant remodeling may require accommodations.
N. TOTAL Estimated COSTS of IMPROVEMENTS -Future Addendum:
The total cost required to complete the above property improvements and remodeling cannot be compiled until the
Owner and Architect's completion of the associated construction building permit documents including required
engineering systems and upgrades. Once the plans are completed and permit documents are submitted to City for
approval, the cost allocations all the above works will be assessed and submitted as supplement to this report.
O. CONCLUSIONS:
We recommend that the improvements and scope of renovations within this report be completed within the next 2 years
in accordance with current building codes. We conclude from our inspections that the existing building is structurally safe
and sound and was built in compliance with the requirements of the City approved plans and specifications. As a routine
matter, in order to avoid misunderstanding, nothing in this report shall be construed directly or indirectly as a guarantee
for any portion of the structure or for any portion of the systems described. To the best of our knowledge and ability, this
report represents an accurate appraisal of the present conditions of the building based upon careful evaluation of
observed conditions to the extent reasonably possible.
NOTE — See attached BUILDING SYSTEMS MAINTENANCE SCHEDULE
Submitted into the public
DB LEWIS-Architect
record f r ite (s) � Z, �
on 1,5 City Clerk'
(preliminary)
MAINTENANCE SCHEDULE REPORT
P. BUILDING SYSTEMS MAINTENANCE SCHEDULE – The following schedule is preliminary and if substantial
variations in scope or actual conditions are introduced or discovered at the time of work, this report will be
updated at the time of permitting. The updated report will be prepared and submitted to the City– HEPB Officer
for approval at the time of Owner and Arch'itect's completion of related Construction Permit Documents. Here
attached is the preliminary report with estimates for related building systems upgrades and replacements
anticipated for the extensive remodeling and renovations currently planned. Systems will be upgraded and or
replaced anew with full warranties and recommended maintenance schedules.
NOTE: TDR Vouchers: The Property is entitled with TDR Vouchers as follows:
459,528 SF See TDR -2014-04 Certificate of Eligibility (COE), attached;
( of which, 90,128 SF will be maintained, reserved on the property as guarantee to complete
the improvements, and final Maintenance Schedule Report as per Chapter 23 of City Code)
Q, RESERVE MAINTENANCE SCHEDULE of NEW BUILDING SYSTEMS
NOTES:
1) This report is to be read in accordance with the attached, related Existing Conditions and Improvements Report.
2) All Deficiencies described in the Existing Conditions Report will be addressed upon Owner and Architect's completion
of related construction permit documents.
3) Note that actual maintenance costs and start dales may fluctuate depending on numerous conditions including but not
jimi— lo: revisions in scope of work, tenant usage and annual weather conditions.
Scope of Work:
As per approved plans and attached Existing Conditions and Improvements Report, the following estimated Reserve
Maintenance Schedule of new Building Systems should be allocated:
Discipline
Status
Estim.INew
Estim.lExist.
Cost
Annual
Monthly
Existing
Useful Life
Remaining Life
Replacement
Reserves
Reserve
Electrical
Fair
40 yrs
5 yrs
$ 180,000.00
$ 32,000.00
$ 2666.66
HVAC
Fair
30 yrs
3 yrs
$ 140,000.00
$ 46,666.66
$ 3888.90
Plumbing
Fair
40 yrs
3 yrs
$ 210,000.00
$ 70,000.00
$ 5833.33
Roofing
Poor
30 yrs
3 yrs
$ 110,000.00
$ 22,000.00
$ 1833.33
Doors &
Windows
Fair
30 yrs
5 yrs
$ 200,000.00
$ 40,000.00
$ 3333.33
Total
-
$ 840,000.00
$ 242,666.66
$ 17,555.55
R. CYCLICAL MAINTENANCE
All building equipment, systems and building envelop as well as ancillary building components such as signage will be
maintained regularly and undergo cyclical maintenance as specified in the manufacturer's equipment warranties and
suppliers recommended maintenance specifications. The Owner will retain a current file of warranties and maintenance
specifications including City required permit documents, and inspection logs for future reference. Inclusive to this
maintenance program will be general repairs and refinishing of the building's exterior shell including but not limited to:
minor stucco repairs, fascia and soffet repairs, window caulking and refinishing in good condition the exterior facades in
terms of architectural aspect as well preventive protection against weather damage.
2
Submitted into the public
DB LEWIS-Architect record f r iter(s)
J�(s)
on 5 ! '� city Clerk
40 YEAR RECERTIFICATION
The building's structural shell and building systems such as electrical service will undergo full inspections and reports as
required and specified in the City s procedures for the 40 Year Recertification.
T. PROCEDURES & LIMITATIONS
On -Site evaluations of the property have been performed by our team to determine the condition of various components. We
were able to gain access to most of the accessible building areas and the exterior grounds of the property. We did not
remove any construction materials to inspect underlying structure. LIMITATIONS: Our observations are not intended to
warrant or guarantee the performance of any building components or systems. This Report is not an environmental impact
report and does not confirm the absence of asbestos, PCB's or toxic soils on the property. All representations are good faith
observations to existing conditions prior to renovations. Repair and Improvement cost estimates will be based on
approximate quantities and industry standard costs of material and labor available at the time of estimating. This Report is
not a detailed Survey of quantities for hard construction cost estimating. The author does not warrant nor guarantee that
these good faith cost estimates represent an exhaustive accounting of all related costs of renovations anticipated.
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Submitted Into the pub Z
record fpr ite (s)
on City Clerk
BAYSIDE MOTEL
5101-5125 BISCAYNE BLVD., MIAMI, FL 33137
PROJECT# 1311
SCOPE OF Y O
EXTERIOR FACADE RENOVATION OF HISTORIC MW MOTEL., ADOMON OF NEW LOW
q'fRW 4. RESTAUAANi, 6 SITEWORK
SCOPE INCLUDES:
1. PATCH, REPAIR & REFWB ALL FACAOEB WRH MMD COLORB. ABFM M W.
2. REPLACE EXISTWO WINDOWS d DOORS WITH NEW W MOMIE APPROVED
16ffiACT RESISTMIT WINDOWS A DOORS W HISTORIC WALL OFORM.
9. DEMOU H EXISTINO LOOBY & REPLACE WITH NEW 0OU0X11 E11T LOWVATRNM.
t. DEMWSH EXISTWG DNEvTMY STRUCTURE ON SOUlI' Y CO M IS OW LOT 6
REPLACEWITNIFW RESTAURANTL Sq WCAFETERRACEOVE
5. CONSTRUCT NEW SW'IMMOiG POOL. B fOUNTMN W 9WRWCOWT'AlO, EMARITi
OR NOVOOL
HISTORIC P.
0. RENOVATE EXISTING COURTYARDS
]. LANOSCAPINO. PAVING 8 SREWORK q9 SHOWN ON PLANS.
HISTORIC & ENVIRONMENTAL PRESERVATION BOARD
SUBMITTAL: 01.10.2014
FOLIO # 01-3219.018.0070
FOLIO # 01.3219.017-0090
OWNER INFORMATION:
BAYSIDE 5101, LLC
DBLEWIS-ARCHITECT
THFMS+4V I TNTL.
5910 N. SAYSHORE DR. MIAMI, R 33137
T 305.456.7252 M 786.359.6632
dbIawisarch@gmWI.=n www.dble2.us
a
ITEM 4
NAME
Submitted into the public
record fr ite (S) _ 1
on 5 t`5 112 City Clerk
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
STAFF REPORT
ADDRESS
PROJECT DESCRIPTION
MiMo Historic District
5101-5125 Biscayne Boulevard
Application of a Certificate of Appropriateness for restoration, partial
demolition, and new additions to a motel
ANALYSIS This two-story motel in the MiMo Historic District was built I.. 1952 ins a
simple Mid-century Modern design. The motel is listed as a contributing
building. The property appears to have originally been two separate
motel or apartment building structures that were later modified through
the construction of a one-story entrance lobby that attaches the two
structures together, as well as the alteration of the roof of a one-story
wing at the southwestern corner of the property, fronting Biscayne
Boulevard.
Character -defining features of the property include applied brick bands
between the windows, applied brick detailing on the columns, a "MiMo"
style sign structure and original neon "Motel" sign, courtyard shape
buildings, and a decorative concrete block garden wall along Biscayne
Boulevard.
The proposed scope of work is as follows:
• Restoration and interior remodeling of existing courtyard
buildings
• Demolition of the non -historic one-story entrance lobby and the
altered one-story wing at the southwestern corner of the property
• Construction of a double -height atrium lobby in place of the
existing entrance lobby
• Construction of a restaurant cafe addition in place of the existing
one-story wing at the southwestern corner of the property
• Repair and refinishing of all stucco walls
• Installation of new doors and windows
The following Secretary of the Interior's Standards apply in this case:
5. Distinctive features, finishes, and construction techniques or examples
of craftsmanship that characterize a property shall be preserved.
9. New additions, exterior alterations, or related new construction shall
not destroy historic materials that characterize the property. The new
work shall be differentiated from the old and shall be compatible with the
massing, size, scale, and architectural features to protect the historic
integrity and its environment.
Some relevant excerpts from the MiMo Design Guidelines include:
Additions:
• The addition should be consistent/ compatible with the original
building's scale, form and massing.
• New materials should be used but should be compatible with the
surrounding buildings and the original building. If the same materials
February 4, 2014
Page 1 of 2
Submitted into the public
recordf r ite (s) U, 15
ITEM 4 on 5 1 . City Clerk
are used, care should be taken to distinguish them from those used
on the main building; frequently that is accomplished by the
stylization of ornamentation, the use of a different pattern in the
fenestration, and by setting the addition back from the main mass of
the building.
The scale of the new addition should be subordinate to the main
structure so it does not overwhelm or affect the character of original
building or the street.
The height of the new addition should relate to the main structure and
to its surroundings.
It is always preferable to locate the addition behind the main mass of
the original building.
Surface OrnamentlApplied Decoration
• Details are especially important to historic buildings. Applied
ornament, cast ornament, and any other designed surface treatment
should be retained and repaired if necessary. When the ornament is
lost, vintage photographs should be useful in designing a stencil or
form from which the piece can be recast.
No reflective or tinted glass should be used; all glass should be clear.
Low "E" glass is acceptable without color.
All mechanical equipment, including air conditioning compressors,
electrical boxes, solar panels, etc. should be located away from the
Biscayne Boulevard side of the building.
A multi -layered landscape buffer of palms, trees, shrubs, and/or
groundcover shall be planted between residential and commercial land
uses.
No spillover lighting shall be allowed. Lighting fixtures shall be full cut off
style.
RECOMMENDATION The Preservation Office, in accordance with the Secretary of the Interior's
Standards and the City of Miami Design Guidelines for Historic
Resources, recommends that the application for a Certificate of
Appropriateness for alterations to two commercial buildings be Approved
with Conditions. The conditions are as follows:
1. The window design shall reflect a historic window type found on
1950s motels, which can include divided -light steel casement,
awning, or jalousie windows. Frames shall be silver in color and
glass shall be clear. Operation type may be casement or single -
hung.
2. All applied brick details shall remain intact, including on window
bands and columns. These features shall be painted a contrasting
color.
3. The decorative concrete block garden wall fronting Biscayne
Boulevard shall be retained.
4. Original railings shall be retained.
5. All signage, lighting, site work, fencing, and landscaping shall be
subject to HEPB approval.
6. All mechanical equipment, including air conditioning compressors,
electrical boxes, solar panels, etc. shall be located so that it is not
visible from the public right-of-way.
February 4, 2014
Page 2 of 2
CERTIFICATE
OF TRANSFER
City of Miami Transfer of Development Rights
for Historic Resources
THIS INSTRUMENT PREPARED BY:
CITY OF MIAMI HISTORIC PRESERVATION OFFICER
MIAMI RIVERSIDE CENTER, 3RD FLOOR .
444 S.W. 2ND AVENUE
MIAMI, FLORIDA 33130-1910
(Form DR 219)
Submitted into the public
record fr ite� (�s) _ 7„
on 1 'Z57n,
► . City Clerk
CFN 2015RO513017
OR BK. 29731 Pss 3390-3394 (79s)
RECORDED 08/10/2015 12:1/:4
HARVEY RUVINr CLERK, OF COURT
MIAMI-DADE COUNTY; FLORIDA
Space Above This Line For Recording Data
Certificate No. TDR -COT -29
Page i Date Issued:
This Certificate of Transfer is issued by the City of Miami, Florida pursuant to Sec. 23-6 of the City Code
of Ordinances of the City of Miami, as amended, and Certificate of Eligibility TDR-COE-18 (formerly
TDR -2014-041 issued on March 25, 2014 which identified 459,528 square feet of development rights as
eligible for transfer.
This Certificate of Transfer authorizes the transfer of 39,739 square feet of development rights
(a/k/a "Transfer of Development Rights") from 5125 and 5101 Biscayne Boulevard, Miami, Florida
(a/k/a "the Sending Site ") , leaving 119,469 square feet of excess development rights remaining at
the Sending Site.
Sending Site
Site Name:
Owner Name:
BAYSIDE 5101 LLC
BAYSIDE 5101 LLC
Address:
Owner Address:
Parcel 1: 5125 Biscayne Blvd., Miami, Florida 33137
7272 NE 6`h Court, Suite 4, Miami, Florida 33138
Parcel 2: 5101 Biscayne Blvd., Miami, Florida 33137
824 S. Miami Ave., 850 S. Miami Ave., 29 SW 9
St., 37 SW 9St., 55 SW 9 St., 61 SW 9 St.
Folio:
Date of Construction:
Parcel 1: 01-3219-017-0090
1952
Parcel 2:01-3219-018-0070
Legal Description of the Property :
Date Designated:
See Exhibit "A"
June 6, 2006 (Resolution HEPB-2006-59)
Renovations / Alterations:
Special Certificate of Appropriateness HEPB-R-14-006
Previous Certificate of Transfer
Certificate of Eligibility TDR-COE-18 Square Footage Eligible:
459,528 SgFt.
COT Number
Address(es) of Previous Receiving Sites:
SgFt Transferred Sq Ft Remaining
TDR -COT -2014-04
3635 NE 1't Ave., 3604 NE 1" Ct., 3620 NE 1" Ct.
107,000 352,528
TDR -COT -2014-04(a)
824 S. Miami Ave., 850 S. Miami Ave., 29 SW 9
St., 37 SW 9St., 55 SW 9 St., 61 SW 9 St.
122,306 230,222
TDR -COT -20
1010 SW 2nd Avenue & 228 SW 10 Street
71,014 159,208
OTY of MIAm DEPARTMENT of PLANNING AND ZONING
HISTORIC PRESERVATION SECnoN
444 SW 2ND AVE 3RD FLooR NtAMI, FL 33130
W W W.HSTORICPRESERVAT10M2 AM.0DM
MIA 184716888v1
Book29731/Page3390 CFN#20150513017 Page 1 of 5
Submitted into the public _
On
record
`��
O Iil'7(5) r
II IJ City Clerk
CERTIFICATE
OF TRANSFER
City of Miami Transfer of Development Rights
for Historic Resources
Certificate No. TDR -COT -29
Page 2
Receivinit Site
Project Name:
Owner Name:
Park Grove.
2701 Bayshore Venture, LLC
Addressf ' ' '
Owner Address:
2701 South Bayshore Drive, Miami, Florida 33133
2665 South Bayshore Drive, Suite 1020, Miami,
Florida 33133
Folio:
Amount of TDRs Received:
01-4121-384-0010
39,739 sq. ft.
Legal Description of the Property :
Amount of TDRs Remaining to be Used on Future
See Attached Exhibit "B"
Receiving Sites:
119,469 sq. ft.
l"`"
City of Miami Historic Preservation Officer
Citypf Miami Zoning istrator
/ ::r-rtVkC S. H��r.lus
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Z_� ,� V L41 zt I f
Date
�.c ?/15
Date
The foregoing in rument as a knowledged before me this 31 day of
l 2015 by as PRESERV f THE CITY OF
MIAMI, a municipal corporat!6h of the State of Florida, who i e or who
has produced as identificati n and who did/did not take an
oath.
jENw6WA Printed Name:
W SIOtI i EE 172AE{I
* EXPIRES:Fousy28,201e Notary Public
4�,pF� BadediunB�EgtModl�r01�
QTY of MIAMI DEPARTMENT' of PL\NMNG AND ZONING
HIMRIC PRESERVATION SECTION
444 SW2ND AvE 3RD F—T rxm MIAMI, FL 33130
W W W.KSTORICPRESERVAT1C9,MAMI.00M
MIA 1847168880
Book29731/Page3391 CFN#20150513017 Page 2 of 5
Submitted into the publi
record f r ite (s) ��
on City Clerk
GreenbergTraurig
Irk V. Ncarra
Tel 305„79.1737
Fax 305.579D717
%;.%arwi'q. -,I1 a%Y.coni
January 6, 2017
VIA HAND DELIVERY
Megan Cross Schmitt
Preservation Officer
City of Miami Planning & Zoning Department
444 SW 2nd Avenue, 3rd Floor
Miami, Fl. 33130
Ile: Special Certificate of Appropriateness Application / Bayside Motor
Inn Motel / 5101-5125 Biscayne Boulevard, Miami, Florida (Folio Nos.
01-3219-018-0070 and 01-3219-017-0090)
Dear Megan:
Our firm represents 5101 RE CO, I_LC (the "Applicant”) in connection with the
proposed restoration of the Bayside Motor Inn Motel located at 5101-5125 Biscayne
Boulevard, Miami, Florida (the "Resource"). We are pleased to submit this letter of
intent together with the enclosed materials, which collectively detail the particulars of the
Application for a Special Certificate of Appropriateness for restoration, partial
demolition, and addition to an historic resource (the "Application"). As you are aware,
the City of Miami's (the '`City") Historic and Environmental Preservation Board
("HEPB") adopted Resolution No. 2014-006 (the "2014 Resolution") approving a Special
Certificate of Appropriateness fo.r the restoration, partial demolition and new addition to
the Property. A copy of HEPB Resolution No. 2014-006 is attached as Exhibit "A."
Please accept this letter of intent, together with the enclosed application and site
plan prepared by Urban Robot Associates, dated January 6, 2017 (the "Site Plan"). as the
Applicant's request for approval of certain modifications to the plans approved by the
2014 Resolution (the "Proposed Restoration"), Because the proposed modifications. as
depicted in the Site Plan, are in accordance xvith the Secretary of the Interior's Standards
and the HEPB approved Miami Modern (MiMo) design guidelines, the Applicant
respectfully requests that you approve this Application.
I. The Propertv
The Property is located within the City's MiMo / Biscayne Boulevard Historic
District ("MiMo"). More specifically, the Property is located on Biscayne Boulevard
between NE 51st and 52nd streets.
M0191 gir:R682rd, ! <:C;, PA - «i 1 O <r,t-, 5 AT i_ A�,1.
3;'. S r Irl. Mixt... F,. z31,s ,...'3
Ms. Megan Cross Schmitt
January 6, 2017
Page 2
Submitted into the public
record f r ite (s) -L e 15 -
on
`Jon City Clerk
Under Miami 21, the Property is zoned 44.0. Based on the information found on
the Miaml-Dade County Pro-c,i A^^raiser's Office website, the Property consists of a
r" ? rr
total lot area of 29,360 square feet or 0.67 acres. 'Che Resource is a contributing structure
located within the MiMo District, as depicted on the MiMo District's contributing
structures map. attached as Exhibit "B." The Property is currently improved with the
Resource (a two (2) story rnotei built in 1952 in a simple mid-century modern design)
and a separate non-contributing stnicture which is attached to the Resource by a one (1)
story entrance lobby. 7
11. Proposed Restoration
As depicted in the Site Plan, the Proposed Restoration consists of the restoration
of the historically significant mid -centum modern exterior features of the Bayside Motor
lnn Hotel, the demolition of the non -historic portion of the Property and the addition of a
new three (3) story structure containing retail and office uses (the "Proposed Addition").
The Proposed Restoration also includes an underground parking garage and a new lobby
that will connect the Resource and the Proposed Addition.
The Proposed Restoration will preserve and restore the Resource's principal
historic features and decorative elements. As detailed on the Site Plan, the Proposed
Addition has been designed to be compatible with other structures kvithin the MiMo
District and will further enhance the historic fabric of Biscayne Boulevard and the MiMo
District. The Proposed Addition will contribute to the MiMo District's diversity of
design and serve as an example of modern architecture which not only respects but
enriches the Mimo District's historic and cultural heritage.
Pursuant to Section 23-6.2(h), alterations shall not adversely affect the historic,
architectural, and aesthetic character of a historic resource. The Proposed Restoration will
enhance the historic, architectural and aesthetic character of the Resource and the MiMo
District at large. The Proposed Restoration will restore the Resource's original
appearance in material, design, color and texture while the Proposed Addition will serve
to enhance and highlight the Resource and its architectural and historical importance.
Should you have any questions or require additional information, please do not
hesitate to contact us. As always, we look forward to working with you and your staff as
we move through this process.
Regards,
Iris V. Escarra
MIA 185679682v1
6RE.FN?IERG TRAI;R'; ?A . A? r,"1;iniF` , Sf i, ., . .^: LVw t;'1.AY `.:.p.A
Staff: TL
Application received: 1/6/17
CITE` OF MIAMI
PLANNING DEPARTMENT Submitted into the public
recordltsm
r lite)
Staff Report & Recommendation on City CIO%
To: Chairperson and Members
Historic Environmental Preservation Board
From: Megan Schmitt
Preservation Officer
Applicant: Iris Escarra, Esq., representing owner, 5101 RE CO, LLC
Subject: Item No. 10 — 5101 and 5125 Biscayne Boulevard
The applicant, Iris Escarra, Esq., representing owner, 5101 RE CO, LLC, of the
subject property which contains a contributing and a non-contributing building
located in the MiMo/BiBo Historic District is requesting approval for the renovation
of the contributing structure, demolition of the non-contributing structure, and the
new construction of a three-story commercial building.
BACKGROUND: This is a new application. This property had previously applied for a
Special Certificate of Appropropriateness in 2014 for the renovation of
both structures, partial demoltion, the construction of a one-story
wing on the southwest corner of the contributing structure, and a new
addition between both structures to replace the existing entrance.
This plan was approved under HEPB-R-14-006.
THE PROPERTY: The subject property is a two-story contributing motel built in 1952
on the south end of the block (5101) and a two-story non-contributing
motel structure on the north end of the block (5125) with a one-story
entrance lobby connecting these structures.
HEPB- FEBRUARY 7, 2017
Page 1 of 5
Staff: TL
Application received: 1/6/17
Submitted into the public
record for VZ, 15
onCity Clerk
ANALYSIS:
The subject property is located on Biscayne Boulevard between NE 5181 Street and NE 52
Street. Plans call for the renovation of the contributing structure on the south side of the
block, demolition of the non-contributing structure on the north side of the block, and the
new construction of a three-story commercial building.
Renovation of 5101 Biscayne Boulevard
The Preservation Office does not have a historic photo for this structure and therefore
cannot confirm whether or not certain features have been modified over time or not. In the
property record card shown below, the layout of the property in a courtyard formation, and
currently remains in this configuration.
HEPB- FEBRUARY 7, 2017
Mage 2 of 5
V
Submitted into the public
record for items)1,.
on I ( Staff: TL
City Clerk Application received: 1/6/17
Elevations show the replacement of all doors and windows. New doors will be a mixture of
clear glass storefront doors and windows will be mixture of casement and fixed windows
with muntins to imitate awning windows. Renovations will also include the removal of the
existing in -wall air conditioner units and repairs to exterior walls. Exterior walls will be
painted white with a blue accent color for the trim.
Elevations do not show the existing applied brick shutters or the brick veneer covering the
colums, however these elements must remain. The existing railings that line the staircases
leading up from the courtyard and surrounding the second floor balconies must be salvaged
and re -used. In areas where there is to be new railings, this design must be replicated.
There is also a small portion of a decorative concrete block garden wall that also must be
retained.
Plans include the partial demolition of the contributing structure to remove the one-story
wing located on the southwest corner of the historic structure. In the same location, a new
one-story wing will be constructed with a curvilinear shape. This portion of the project
proposal replicates the plan that was presented to the HEPB in 2014.
The exterior wall of this new addition will be almost entirely covered in storefront glass and
will provide a new exterior staircase on the front of the structure that provides access to a
second floor outdoor dining terrace. The exterior staircase will be partially painted the blue
accent color also contain a new sharkfin sign to display the name of the hotel. Covering the
outdoor dining terrace is a free-standing concrete canopy that will be planted with a golden
creeper vine. Staff would recommend that the proposed addition more closely identifies
with the historic plan that is shown in the property record card and retain the square
shaped plan, rather than a curvilinear plan.
Staff asks that the applicant retain the original sign structure and to use open face channel
letters to depict the name, Bayside Motor Inn.
Demolition of 5125 Biscayne Boulevard, New Construction of three-story Commercial
Building
As shown on the map within the designation report, the structure located at 5125 Biscayne
Boulevard on the northern corner of this project site, was determined to be non-
contributing to the MiMo/BiBo Historic District. The applicant is proposing to demolish this
structure and the current one-story connection between both buildings, and to construct a
new three-story commercial building.
Inspired by breezeblock, the main focal point of the new construction project will utilize an
enlarged version of a brise soleil, providing a modern take on a familiar MiMo pattern to
form the texture of the exterior stucco wall. The footprint of this structure is set in the same
location as the existing structure, however utilizes an undulating storefront design on the
ground level — with the storefront doors set at an angle to access the retail spaces.
Above the ground floor, the exterior of the structure is primarily focused on the enlarged
brise soleil with rectangular windows set beyond. The extruded form reaches outward and
HEPB- FEBRUARY 7, 2017
Page 3 of 5
Submitted into the public
record f°�
on 51 tis City Clerk
Staff: TL
Application received: 1/6/17
is painted white, with a background of the glazing and gray stucco. Glazing on the exterior
forms four rows of windows, however the interior space accommodates two floors of
commercial space. Overall height to the top of the roof level is 35'-U', which is in line with
the MiMo new construction guidelines. On the top of the structure, mechanical equipment
and bulkheads are centered on the roof deck and screening is shown on the elevations —
both blocking the view of the rooftop appurtances from street level and surrounding
structures. On the rear of the structure, glazing is the primary feature. Staff would
recommend that the applicant provide an interior or exterior shade treatment to prevent
light spillage from the interior spaces into the adjacent residential neighborhood.
Acting as a connection between the historic structure and the new construction project, a
new two-story glass and stucco structure is provided. This connector is setback from the
main fagade and will provide ADA access to the second floor of the historic structure.
Overall, staff is supportive of this new construction proposal and believe it successfully
captures the requirements of the Secretary of the Interior Standards for new construction
in a historic district.
Site Improvements
New landscaping and paving is provided throughout the property. Plans show a variety of
tree species that are to be planted in new MiMo-esque planters. Along the rear property
line, an existing stucco wall will remain along with many of the existing trees and will be
filled in with a generous portion of additional landscaping.
Spot and well lighting is shown within the landscape plans, which allows for highlights to
the built and natural features of the site, however plans do not show lighting for the
parking lot. Any pole lights that are proposed for the site are limited to a height of 18'-0"
and must be warm in color.
Underground parking will be installed under the new construction project, with access
provided from an entrance off of NE 52 Street into the rear parking lot, and a ramp that is
located in the center of the project site.
STAFF RECOMMENDATION:
The Preservation Office recommends that the application for a Special
Certificate of Appropriateness for the renovation of the contributing
structure, demolition of the non-contributing structure, and the new
construction of a three-story commercial building be approved with
conditions.
1. All glass shall be clear with the option of Low -E.
2. Applied brick shutters and the brick veneer covering the colums must
remain.
3. The existing railings that line the staircases leading up from the
courtyard and surrounding the second floor balconies must be salvaged
and re -used. In areas where there is to be new railings, this design
must be replicated.
HEPB- FEBRUARY 7, 2017
Page 4 of 6
Submitted into the pub 'c
record fo itei (S),
on J ZS 1Y] City Clerk Staff: TL
Application received: 1/6/17
4. The existing decorative concrete block garden wall must be retained.
5. Provide a square shaped plan for the new addition on the historic
structure, rather than a curvilinear plan.
6. The original sign structure must be retained and use open face channel
letters to depict the name, Bayside Motor Inn.
7. Applicant to provide an interior or exterior shade treatment to prevent
light spillage from the interior spaces into the adjacent residential
neighborhood.
8. All lighting on the exterior of the property and in the parking lot shall
not be higher than 18'-0" in height and be warm in color.
9. This Certificate of Appropriateness is subject to approval by zoning,
building, and all other required city departments.
HEPB- FEBRUARY 7, 2017
Page 5 of 5
F.E. C. Corridor Historic Resources Documentation Form
City of Miami, Miami -Date County, .Florida
Site Name Bayside Motor Inn
FMSF # of applicable): _ _ Folio Number 0132190180070
Address 5101 Biscayne Boulevard Construction Date 1952
Brief Architectural Description
This building is a representative example of the 1950s Motel desmon.
Statment of Significance
This motel retains its integrity and is representative of the architecture of the Biscayne area. Additionally, it is historically associated with the development of
the Bis ane area, There his building is considered a contributing resource within thtprpposed Biscayne Historic District..
Research Methods:
Mtaml-Dade Public Ubrary, Historical Museum of Southern Florida, Occupant and Informant Interviews, Florida Online Photographic Archives w �
Date Prepared: 10/29/03
2935 1 st Avenue North
St. Petersburg, FL 33713
727-821-7600 voice
727-822-2368 fax
"jANUS,
Submitted into the pu is
record f r ite (S) �, I
on 5/1 City Clerk
146 Maderia Avenue
Coral Gables, FL 33134
305-446-7470 voice
305-446-5212 fax
0
Submitted into the pubs
record or it (s) �,-Lt 15
on ZJ�_. City Clerk
Phcit�,��~apM;
-----------------
FOLIO # 132190180100
BAYSIDE MOTOR INN
5101 BISCAYNE BOULEVARD 0 0.005 0.01 0.02 0.03
0
W
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NE 51 S4ST
FOLIO # 132190180100
BAYSIDE MOTOR INN
5101 BISCAYNE BOULEVARD 0 0.005 0.01 0.02 0.03
F.E. C. Corridor Historic Resources Documentation Form
City of Miami, Miami -Date County, Florida
Site Nanse Bayside Motor Inn
FMSF # (If applicable): _ _ _ _ Folio Number 0132190170090
Address 5125 Biscayne Boulevard Construction Date 1947
Brief Architectural Description
This buildingis are tadve exampie of the 1950s Motel design..
Statment of Significance
This motel retains its integrity and is representative of the architecture of the Biscayne area. Additionally, it Is historically associated with the development of
the Biscare area. Therefore, this building Is considered a contributing resource within the proposed Biscayne Historic District..,.,
Research Methods:
Miami -Dade Public Ubrar , Historical Museum of Southern Florida, Occupant and Informant Interviews, Florida Online Photographic Archives
Submitted into the public
record or ite (s) Q L� 1 .�
on 51L5 III_. City Clerk
Date Prepared: 1ooraf 3
2935 1st Avenue North
7.%
146 Maderia Avenue
St. Petersburg, FL 33713U
,
Coral Gables, FL 33134
:.,z
727-821-7600 voice
" '
305-446-7470 voice
727-822-2368 fax
RES E R KC 4
305-446-5212 fax
Submitted into the publi
record f rite (s) NZ,
Oil US Iq . City Clerk
Photogra n
NE 52N[?tT
m
W
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f �✓/
ff
FOLIO # 132190170100
BAYSIDE MOTOR INN
5125 BISCAYNE BOULEVARD
0 0.005 0.01 0.02 0.03
Miles
-T Submitted into the public
record for it (s) '971, 15
on 5 Z City Clerk
BISCAYNE BOULEVARD
HISTORIC DISTRICT
Designation Report
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=r - 9
Le
_ l _ ._--t j—' -'I � �,.i ' I i i r ' ' �-- i � L � �---Iz '• i ; IBiscaY uje;rard His' Dutrici
COltlibutirIg Resource
Non -Contributing Resource
6
\ 1./
site plan—
south
boundary
Contributing and Non -Contributing Structures
5000 Block of Biscayne Boulevard
5020 Biscayne Blvd.
5040 Biscayne Blvd.
5046 Biscayne Blvd.
5050 Biscayne Blvd.
5050 Biscayne Blvd.
5051 Biscayne Blvd.
5061 Biscayne Blvd.
5061 Biscayne Blvd.
5080 Biscayne Blvd.
5084 Biscayne Blvd.
Office
Retail
Office
Office
Office
Bayshore Lutheran
Evangelical Church
Office/Retail
Parking lot
Retail
Retail
Submitted into the public
record foU
rs , 15
on 2. Citv Clerk
1949
Contributing
1946
Contributing
1950
Contributing
1952
Non-contributing
1968
Non-contributing
1946
Contributing
1947
Non-contributing
-
Non-contributing
1946
Non-contributing
1950
Non-contributing
5100 Block of Biscayne Boulevard
5101 Biscayne Blvd. Bayside Motor Inn 1952 Contributing
5120-42 (5126-32) Biscayne Blvd. Office/ Retail 19,150 Contributing
5125 Biscayne Blvd. Bayside Motor Inn 1947 Contributing
5200 Block of Biscayne Boulevard
5201 Biscayne Blvd.
5215 Biscayne Blvd.
5220 Biscayne Blvd.
5255 Biscayne Blvd.
5250 Biscayne Blvd.
Former Cadillac
Motel
Budget Inn Motel
Maule Building
Best Value Inn
Parking lot
5300 Block of Biscayne Boulevard
5390-98 (5398) Biscayne Blvd. Restaurant
5305 Biscayne Blvd. Apartment
5400 Block of Biscayne Boulevard
5400 (5402) Biscayne Blvd. Gas Station
5445 Biscayne Blvd. Former motel
5500 Block of Biscayne Boulevard
5501 Biscayne Blvd. Former motel
5555 Biscayne Blvd. Office
5599 Biscayne Blvd. Office
5600 Block of Biscavne Boulevard
5600 Biscayne Blvd.
445 NE 56th Street
(5601 Biscayne Blvd.)
5615 Biscayne Blvd.
5631 Biscayne Blvd.
464 NE 57th Street
General Tire
Former residence
Residential
Former residence
Residential
23
1947 Non-contributing
1947 Contributing
1952 Contributing
1947 Contributing
- Non-contributing
2002 Non -Contributing
1947 Contributing
1956 Non -Contributing
1954 Non -Contributing
1947 Contributing
1973 Non -Contributing
1952 Contributing
1954 Contributing
1929 Contributing
1974 Non -Contributing
1938 Contributing
1960 Non -Contributing
Submitted into theub is
record �jor it ' ' p ft, `J
-----Original Message----- on 51L5111_. City Clerk
From: Toranzo, Vickie <vtoranzu a�miamigov.com>
---........... _........................ _...
To: Deborah Stander <debstaiiderCiaol.com>
.---........----.._._.— ................_._ —
Sent: Fri, May 19, 2017 11:40 am
Subject: FW: PRR 17-334 Adoption of HEPB Resolution 2006-59 (Item 14)
Good morning Debby,
We have not been able to determine what version of the report went before the Board. We have
only been able to determine which version went before the City Commission when a specific
property appealed a decision by HEPB. I believe that version was sent to you in a previous
email, along with the minutes. If you do not have that, please let me know and I will forward.
Best,
Vickie
From: Toranzo, Vickie
Sent: Friday, May 19, 2017 11:22 AM
To: Meaux, Maria <MMeaux�a miamiov.com>
Ce: PublicRecords<PuhlicRec:ord.sl igo_v_.com>
Subject: RE: PRR 17-334 Adoption of HEPB Resolution 2006-59 (Item 14)
Good afternoon,
Files in the Preservation Office do not indicate what version of the Designation Report was
reviewed by HEPB. Debby is more than welcome to come in and review the file pertaining to
this meeting.
Thank you,
Vickie
From: debstander(t�aol coin hnailto dehstander(a'aol,cPm]
Sent: Thursday, May 11, 2017 12:09 PM
To: PublicRecords <PubI1cRecords(a),miamigov.com>
Cc: Toranzo, Vickie <vtoranzona,miami ov.com>
Subject: Request for Public Records Relating to HEPB Resolution 2006-59
Pursuant to Article I, section 24, of the Florida Constitution, I am requesting electronic copies of
the following public records, to wit:
Submitted into the public
record for ite (s) _ f '6a 15 __
on I _ City Clerk
Any or all MiMoBiscayne Boulevard Designation Report(s), considered or voted upon by
the Historic and Environmental Preservation Board prior to or at the time of its June 6,
2006 meeting in connection with agenda item 14 -- Adoption of HEPB Resolution 2006-59 --
Designation of the MiMoBiscayne Boulevard Historic District.
A link to the Minutes of the aforementioned June 6, 2006 meeting may be found here (please see
specifically item 14).
http://wtiyw.historicpreservationmiami.com/M.inutes/2006/060606Minutes.pdf
Should the documentation or files relating to the said Resolution 2006-59 prove to be extensive, I
would be happy to be given the opportunity to examine the records in person.
Should you deny my request, or any part of the request, please state in writing the basis for the
denial, including the exact statutory citation authorizing the denial, as required by s.
119.07(1)(d), F.S.
I will contact your office within one week to discuss when I may expect fulfillment of my
request, and payment of any statutorily prescribed fees. If you have any questions in the interim,
you may contact me at 786-391-3993.
Many thanks for your help,
Deborah Stander
830 NE 74 Street
Submitted into the PuiE 5
record f i on 5L. City Clerk
Minto/BISCAYNE BOULEVARD
HISTORIC DISTRICT
Designation Report
& City of Miami
'p
I
I'
UI
I'
,
II I I
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4
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ITI I.I
l
,
I I j'1 I - -
—
, I I i I
j,
Submitted into the p blic
record f rr itc (S)
on =_S , 7, r--. City C!erk
I
If 4�
_
I — I {—i I dl ! _ _I �� _ I �.•
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�r
14--' tid -7 �, I_I_� ^li ,_N IIi �Ei�t. l� :.� � I I' at� I� ly. ��S�l�` d' I I—.i �� rhl� � �.^_i 1 _ � �`� �I ' If I -I •
- - -! ' i rail- K`•::il I !I—I
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r
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1i
..
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-- - -
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-
4
. _:sem . -_ ""� ��'" ®`�� �`: rr •�.
All
Submitted into the public
recordon fori m(s) 7 ,
. City k
Contributing and Non -Contributing Structures
5000 Block of Biscavne Boulevard
5020 Biscayne Blvd.
5040 Biscayne Blvd.
504.6 Biscayne Blvd.
5050 Biscayne Blvd.
5050 Biscayne Blvd.
5051 Biscayne Blvd.
5061 Biscayne Blvd.
5080 Biscayne Blvd.
5084 Biscayne Blvd.
Office
Retail
Office
Office
Office
Bayshore Lutheran
Evangelical Church
Office/Retail
Retail
Retail
Submitted into the public
record fpr it s)
on 4 City Clerk
1949
Non -Contributing
1946
Non -Contributing
1950
• Non -Contributing
1952
Non-contributing
1968
Non-contributing
1946
Contributing
1947
Contributing
1946
Non-contributing
1950
Non-contributing
5100 Block of Biscayne Boulevard 1.
5101 Biscayne Blvd. Bayside Motor lnn 1952 Contributing**
5120-40 Biscayne Blvd. Office/Retail 1950 Non -Contributing
5200 Block of Biscavne Boulevard
5201 Biscayne Blvd. Former Cadillac. 1947 Contributing
Motel
5215 Biscayne Blvd. Budget Inn Motet' • 1947 Contributing
5255 Biscayne Blvd. Best Value Inn _ 1947 Contributing
5300 Block of Biscavne Boulevard
5398 Biscayne Blvd. Restaurant 2002 Non -Contributing
5305 Biscayne Blvd. Apartment 1947 Contributing"
5400 Block of Biscavne Boulevard
.
540Q45402)_Biscayne Blvd
Gw Siation
1256
Cantribufina '
5500 Block of Biscavne Boulevard
5555 Biscayne'Blvd.
Office
1973
Non -Contributing
5599 Biscayne Blvd.
Office
1952
Contributing
5556 NE 41h Court
Restaurant
1938
Contributing
5580 -5584 NE 41h Court
Retail
1948
Contributing
5600 Block of Biscayne Boulevard
5600 Biscayne Blvd.
General Tire
1954
Contributing
(Andiamo's Pizza)
5601 Biscayne Blvd. (aka 445 NE 561h
Street)
Former residence
1929
Contributing
5615 Biscayne Blvd.
Residential
.1974
Non -Contributing
5631 Biscayne Blvd.
Former residence
1938
Contributing
464 NE 571h Street
Residential
1960
Non -Contributing
5700 Block of Biscavne Boulevard
None
{' Indicates a Permit has been applied for.prior to the designation process
Submitted into the public
record f rte (s) _97,J5
on s11,S1h . City Clerk
,5100 Block of Biscayne Boulevard
]k5101 Biscayne Blvd. --* Bayside Motor inn 1952 Contributing
5120-40E5±2= Bisca ne Blvd. Office Retail 1950 Non -Contributing
5200 BlocLQf Bi.$gqn Sogi@yard
uting and Non-ContribvtingStructures
Former Cadillac
1947
contributing
fr�ontri
Motel
OL5QQ0
Blockof Biscayne Boulevard
Budget Inn Motel
1947
Contributing '
5020 Biscayne Blvd,
Office
1949
Non -Contributing
Contributing
5046 Biscayne Blvd.
Office
1950
Non -Contributing
4 vo
T+o
_
Restaurant
2002
Non -Contributing
5050 Biscayne Blvd.
Office
1968
Non-contributing
Contributing
5051 Biscayne Blvd.
Bayshore Lutheran
1946
Contributing
.'
Evangelical Church
Gas Station
roo 4
N Co tributin
ON- f AL"i
5061 Biscayne Blvd.
Office/Retail
1947
I�oK-contributing D2W
9 cd�
5080 Biscayne Blvd.
Retail
1946
Non-contributing
5084 Biscayne Blvd.
Retail
1950
Non-contributing
,5100 Block of Biscayne Boulevard
]k5101 Biscayne Blvd. --* Bayside Motor inn 1952 Contributing
5120-40E5±2= Bisca ne Blvd. Office Retail 1950 Non -Contributing
5200 BlocLQf Bi.$gqn Sogi@yard
23
am e, hacJt.
5201 Biscayne Blvd.
Former Cadillac
1947
contributing
Motel
5215 Biscayne Blvd.
Budget Inn Motel
1947
Contributing '
5255 Biscayne Blvd,
Best Value Inn
1947
Contributing
5300 Block of Biscayne Bouleygr�(
x(5398) Biscayne Blvd.
Restaurant
2002
Non -Contributing
5305 Biscayne Blvd.
Apartment
1947
Contributing
5400 Block of Biscayne Boulevard
.'
5400 (5402) Biscayne Blvd.
Gas Station
1956
N Co tributin
ON- f AL"i
;55(0"
5500 Block of Biscayne Boulevard
Ni �1�
5555 Biscayne Blvd.
Office
1973
Non -Contributing
5599 Biscayne Blvd.
Office
1952
Contributing
5bQ0. Jock of Biscayne Boulevard
�i�n4K.Mo ��z2w�
5600 Biscayne Blvd.
General Tire
1954
Contributing
r445 NE 5 6 1 h Street
(5601 Biscayne Blvd.)
615 Biscayne Blvd.'
Former residence
Residential
1929
1974
Contributing
Non -Contributing
5631 Biscayne Blvd.
Former residence
1938
Contributing
464 NE 571h Street
Residential
1960
Non -Contributing
�rnAQ_Q
Block of Bi ne Boulevard
5800 Biscayne Blvd,
Apartments
1935
Contributing
5801 Biscayne Blvd.
Former residence
1932
Contributing
5810 Biscayne Blvd.
Residence
1940
Contributing
23
am e, hacJt.
Submitted into the public
record fp r it (s)
on ,rj I City Clerk
Morningside Civic Association and Elvis Cruz, Appellants
Appeal of HEPB Special Certificate of Appropriateness
for 5101-5125 Biscayne Boulevard,
from HEPB meeting of February 7, 2017
At the Miami City Commission
May 25, 2017
The Appellants respectfully request:
Please remand this appeal to the HEP Board. If that's not allowed by code thei
the appeal and reverse the HEP Board's decision, then initiate legislation to change the code so
remanding is allowed.
Please enforce the Settlement Agreement and Restrictive Covenant on the property, as they
Please initiate legislation which would empower the city to rescind a COA issued when there
are errors or omissions, such as this one. Right now the city does not have that ability, so we
had no recourse other than this appeal.
Please reimburse the appeal fees of $889.00, because it was the City's mistake that the HEP
Board was not told about those key documents, so we should not have to pay for the city's
Please initiate legislation which would require the city to check a property for covenants as
part of any Planning and Zoning action.