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RONEY PALACE CONDOMINIUM ASSOCIATION, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION AND 2201 COLLINS FEE, LLC, 06-003285 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003285 Visitors: 23
Petitioner: RONEY PALACE CONDOMINIUM ASSOCIATION, INC.
Respondent: DEPARTMENT OF ENVIRONMENTAL PROTECTION AND 2201 COLLINS FEE, LLC
Judges: D. R. ALEXANDER
Agency: Department of Environmental Protection
Locations: Miami, Florida
Filed: Aug. 31, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 7, 2006.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA . DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management Bureau of Beaches and Coastal Systems NOTE: THIS AUTHORIZATION sitting ip IS DIFFERENT FROM THE % re ORIGINAL REQUEST. SEE FS 3900 Commonwealth Blvd. - Mail Station 300 SPECIAL PERMIT Fy Tallahassee, Florida 32399-3000 CONDITIONS. = {850) 488-7708 PERMIT NUMBEB: DA Ba, PERMITTEE The Related Companies, LP a c/o John R. Guttman, P.E. G . DAIWA Consulting Engineering and Science, Inc. a) 8925 S.W. 148" Street, #100 Miami, Florida 33176 . PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINAL ORDER PINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line that are indicated in the project description, was filed by the applicant/permittee named herein on November 17, 2005, and was determined to be complete pursuant to rule on April 25, 2006. The proposed project is to be located landward of the 30-year erosion projection. The proposed habitable major structure (condominium tower) is no farther seaward than the existing line of construction established by similar major structures on the site and in the immediate area. The proposed non-habitable major structures (cabanas, pool and pool bar) are to be located no farther seaward than the existing line of construction established by similar major structures in the immediate area. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description of this permit are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Section 62B-33,005, Florida Administrative Code; and that it is an activity or type of construction which the designee of the Chief of the Bureau of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 137, effective May 14, 2001. The direct and cumulative impacts to the beach and dune system that will be caused by the seaward location and shore-parallel width of the proposed construction represent the maximum such impacts that are acceptable to the Department. Therefore, future construction on the site seaward of the coastal construction control line shall not extend further seaward, or increase the shore-paralle] coverage occupied by, the proposed structures approved pursuant to this permit. Based on the foregoing considerations, the designee approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the General Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(5), Florida Statutes. EXPIRATION DATE: July 21, 2009 PERMITTEE NAME: The Related Companies, LP PERMIT FILE NUMBER: DA-527 PAGE 2 LOCATION: Between approximately 0 feet and 300 feet north of the Department of Environmental Protection's reference monument R-63, in Dade County. Project address: The “W”, 2201 Collins Avenue, Miami Beach. PROJECT DESCRIPTION: 21-Story, 511-Unit Multifamily Dwelling if Location relative to control line: A maximum of 135.6 feet seaward. 2. Exterior dimensions: A maximum of 369.5 feet in the shore-normal direction by a maximum of 213.2 feet in the shore-parallel direction. 3. Type of foundation: Piles. 4. First habitable floor elevation: +33.7 feet (NAVD). Understructure Enclosure lL. Location relative to control line: A maximum of 7.2 feet seaward, with a staircase system extending 30.5 feet seaward. 2. Exterior dimensions: A maximum 206.9 feet in the shore-normal direction by a maximum of 174.2 feet in the shore-parallel direction. 3. Elevation of enclosure slab: -5.2 feet (NAVD). 4, Excavation for enclosure area: Approximately 350 cubic yards. §-Curved, Vehicular Tunnel 1. Location relative to control Jine: A maximum of 161.7 feet seaward. 2. Exterior dimensions: A maximum 20 feet in the general shore-normal direction by approximately 287 feet in the general shore-parallel direction. 3. Top of slab: Varying from low point elevation of -10.8 feet (NAVD) to high point elevation of +5.9 feet (NAVD). Three-Story, Bungalows 1. Location relative to control line: A maximum of 175.2 feet seaward. 2. Exterior dimensions: A maximum 96.5 feet in the shore-normal direction by a maximum of 34.1 feet in the shore-parallel direction. : we Finished floor elevation: +5.9 feet (NAVD). PERMITTEE NAME: The Related Companies, LP PERMIT FILE NUMBER: DA-527 PAGE 3 Irregularly-Shaped, Swimming Pool #1 1 2. > 3 4, Location relative to control line: See Special Permit Condition 2. Exterior dimensions: A maximum of 30.0 feet in the general shore-normal direction by a maximum of 80.4 feet in the general shore-paralle! direction. Deck elevation of swimming pool: +5.9 feet (NAVD). Maximum depth of swimming pool: 5.4 feet. Swimming Pool #2 is 2. 3. 4. Location relative to control line: A maximum of 209.0 feet seaward. Exterior dimensions: A maximum of 115.0 feet in the shore-normal direction by a maximum of 15.4 feet in the shore-parallel direction. Deck elevation of swimming pool: +9.0 feet (NAVD). Maximum depth of swimming pool: 5 feet. Swimming Pool #3 1. 2. bs Location relative to control line: A maximum of 194.1 feet seaward, Exterior dimensions: A maximum of 7.0 feet in the shore-normal direction by a maximum of 44.4 feet in the shore-parallel direction. Deck elevation of swimming pool: +9.0 feet (NAVD). Maximum depth of swimming pool: 5 feet. Swimming Pool #4 ta Location relative to control line: A maximum of 87.8 feet seaward. Exterior dimensions: A maximum of 21.9 feet in the shore-normal direction by a maximum of 5.0 feet in the shore-parallel direction, Deck elevation of swimming pool: +9.0 feet (NAVD). Maximum depth of swimming pool: 5 feet, PERMITTEE NAME: The Related Companies, LP PERMIT FILE NUMBER: DA-527 PAGE 4 Excavation/Fill 1. hw us Volume of excavation seaward of the control line for tunnel, basement, and pools: Approximately 4,850 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the project site. Location of excavation: Across the site predominantly within the footprint of the tunnel, the pools, and the understructure enclosure. Maximum depth of excavation: Varying from low point elevation of -10.8 feet (NAVD) to high point elevation of +5.9 feet (NAVD). Volume of fill to be placed: Approximately 4,960 cubic yards. Location of fill to be placed: Across the site to a maximum distance of 279 feet seaward of the control line, just landward of the erosion control line. Other Structures/Activities NV w 7. 8. A frangible bar seaward of the pools. See Special Permit Condition 2. A motor court service entry on the north side of the property is to be located a maximum distance of 45 feet seaward of the contral line. Paver system within the pools, pool bar and cabana areas and is a maximum distance of 279 feet seaward of the control line. Seven, frangible cabana structures of dimension 11 feet in the general shore-parallel direction by 10.5 feet in the general shore-normal are to be located along the south corner of the property. See Special Permit Condition 2. Outside seating areas to be located across the site within the paver system. Patio areas consisting of paver system are to be constructed on the north-side of the bungalows to extend no farther seaward than 194 feet seaward of the control line. Landscaping planting is to be located approximately 280 feet seaward of the control line. Demolition of existing structures on site. SPECIAL PERMIT CONDITIONS: No work shall be conducted under this permit until the permittee has received a written notice to proceed from the Department. PERMITTEE NAME: The Related Companies, LP PERMIT FILE NUMBER: DA-527 PAGE 5 N wa wa Prior to issuance of notice to proceed, the permittee shall submit two copies of @ revised site plan depicting the pool, pool bar and cabana structures relocated landward to a maximum distance of 229, 262.4, and 270.6 feet, respectively, seaward of the control line. Prior to issuance of the notice to proceed, the permittee shall submit an additional application processing fee of $2.000 for the two swimming pools (pool #3 and pool #4) pursuant to Rule 62B- 33.0085, F.A.C, Prior to issuance of the notice to proceed, the permittee shall provide written evidence that a public notice of the Department's action has been published for one day in the largest newspaper of general circulation in the county where the proposed project is located. A certification from the newspaper showing compliance shall be provided to the staff. The public notice must be published within 10 days of the date of issuance of this permit. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Bureau of Beaches and Coastal Systems (contact Mark Taynton at toll-free pager number 1-877-314-1329) to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Construction activity authorized by this permit shall not commence until after the time period provided in the public notice for the public to exercise any rights they may have under Chapter 120, Florida Statutes, has expired, or if a hearing is requested, disposition of the hearing request has been made. All imported fill material shall be obtained from a source landward of the control line and shall consist of sand which is similar to that already on the site in both grain size and coloration. This fill material shall be free of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative during the preconstruction conference. All permanent exterior lighting shall be installed and maintained as depicted on the approved lighting schematic and cut sheets stamped FISH AND WILDLIFE CONSERVATION COMMISSION APPROVED LIGHTING PLAN signed and dated June 6, 2006. No additional exterior lighting is authorized. If any of the lights become visible from the beach or disorient nesting or hatchling sea turtles at any time, they must be modified such that they are not longer visible from the beach. Tinted glass or film with a visible light transmittance value of forty-five (45) percent or less shall be applied to all windows and doors within line of sight of the beach. Pool lights should be turned off from 10:00 pm to sunrise during turtle nesting season (May |* through October 31°) while the pool is closed. The use of an automatic timer is acceptable. PERMITTEE NAME: The Related Companies, LP PERMIT FILE NUMBER: DA-527 PAGE 6 CAVEAT: Due to potential adverse impacts to the beach and dune system that may result from additional development on the property, the shore-parallel and seaward extent of the permitted structures shall not be increased, nor will any additional major structures be permitted which would exceed the limits established by the permitted construction seaward of the coastal construction control line. Approved plans are incorporated into this permit by reference. Done and ordered this Uf day of C\¢/ 2006, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to $120.52 eépartment of Envirénmental Pagection? Florida Statutes, with the designated é . a Department Clerk, receipt of which is hereby acknowledged.

Docket for Case No: 06-003285
Issue Date Proceedings
Dec. 07, 2006 Order Closing Files. CASE CLOSED.
Dec. 07, 2006 Notice of Voluntary Dismissal filed.
Dec. 07, 2006 Notice of Voluntary Dismissal filed.
Dec. 05, 2006 Amended Notice of Telephonic Hearing filed.
Dec. 05, 2006 Notice of Telephonic Hearing filed.
Dec. 01, 2006 2201 Collins Fee, LLC`s Response in Opposition to Petitioner`s Request for Limited Evidentiary Hearing filed.
Dec. 01, 2006 Roney Palace Condominum Association, Inc.`s Objection to Respondents` Joint Status Report and Request for Evidentiary Hearing on the Issue of Delay filed.
Dec. 01, 2006 Petitioners` Joint Status Report filed.
Dec. 01, 2006 Joint Status Report and Request to Reschedule Trial filed.
Nov. 16, 2006 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by December 1, 2006).
Nov. 16, 2006 Joint Motion for Continuance filed.
Nov. 14, 2006 Response to Roney Palace Condominium Association, Inc.`s Emergency Motion to Clarify filed.
Nov. 13, 2006 Petitioners` Joint Exhibit List filed.
Nov. 13, 2006 Roney Palace Condominium Association, Inc.`s Emergency Motion to Clarify and/or Extend Time to Complete Disclosure of Expert Opinions or Alternatively for Continuance of Trial filed.
Nov. 09, 2006 Roney Palace Condominium Association, Inc.`s Motion for Extension of Time to Respond to Motion for Attorney`s Fees filed.
Nov. 08, 2006 Notice of Taking Deposition Duces Tecum (2) filed.
Nov. 08, 2006 Roney Palace Condominium Association, Inc.`s Disclosure of Expert Witnesses and Document Exchange filed.
Nov. 07, 2006 Petitioner Mato Colak`s Response in Opposition to 2201 Collins Fee, LLC`s Motion for Section 120.595 Costs and Attorney`s Fees filed.
Nov. 06, 2006 Respondent Department of Environmental Protection`s Amended Response to Request for Production of Documents from Petitioner, Mato Colak filed.
Nov. 03, 2006 Notice of Taking Deposition of John Guttman Duces Tecum filed.
Nov. 03, 2006 Respondent Department of Environmental Protection`s Response to Request for Production of Documents from Petitioner, Mato Colak filed.
Nov. 02, 2006 Order (request to abate these proceedings is denied).
Nov. 01, 2006 2201 Collins Fee, LLC`s Motion for Section 120.595 Costs and Attorney`s Fees Against Mato Colak and Roney Palace Condominium Association filed.
Nov. 01, 2006 2201 Collins Fee, LLC"s Response to Roney Palace Condominium Association, Inc.`s Motion for Extension of Time to Disclose Expert filed.
Oct. 31, 2006 2201 Collins Fee, LLC"s Response to Roney Palace Condominium Association, Inc.`s Motion to Amend Petition and to Abate Proceedings filed.
Oct. 30, 2006 Petitioner Roney Palace Condominium Association, Inc.`s Motion to Amend Petition for Failure to Comply with Public Notice Requirements of Permit and to Abate Proceedings filed.
Oct. 30, 2006 Roney Palace Condominium Association, Inc.`s Motion for Extension of Time to Disclose Expert filed.
Oct. 30, 2006 Order on Motions.
Oct. 27, 2006 Respondent Department of Environmental Protection`s Response to First Request for Production of Documents from Petitioner, Roney Palace Condominium Association, Inc. filed.
Oct. 27, 2006 Respondent Department of Environmental Protection`s Response to First Set of Interrogatories from Petitioner, Roney Palace Condominium Association, Inc. filed.
Oct. 25, 2006 2201 Collins Fee, LLC`s Response to Mato Colak`s Request to Produce filed.
Oct. 25, 2006 2201 Collins Fee, LLC`s Response to Roney Palace Condominium Association, Inc.`s Request to Produce filed.
Oct. 25, 2006 2201 Collins Fee, LLC`s Answers to Roney Palace Condominium Association, Inc.`s First Set of Interrogatories filed.
Oct. 24, 2006 Order (Department of Environmental Protection agrees to respond to all outstanding discovery requests filed by Roney no later than October 27, 2006).
Oct. 23, 2006 Petitioner Roney Palace Condominium Association Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Miami Beach Historical Preservation Board filed.
Oct. 23, 2006 Petitioner Roney Palace Condominium Association Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Notice to Neighboring Properties filed.
Oct. 23, 2006 Petitioner Roney Palace Condominium Association Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Owner of Record for CCCL Permit filed.
Oct. 23, 2006 Notice of Taking Deposition of Celora Jackson filed.
Oct. 23, 2006 Notice of Taking Deposition of Tony McNeal filed.
Oct. 23, 2006 Petitioner`s Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Miami Beach Historical Preservation Board filed.
Oct. 23, 2006 Petitioner`s Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Notice to Neighboring Properties filed.
Oct. 23, 2006 Petitioner`s Response in Opposition to 2201 Collins Fee, LLC`s Motion in Limine Concerning Owner of Record for CCCL Permit filed.
Oct. 16, 2006 2201 Collins Fee, LLC`s Motion in Limine Concerning Notice to Neighboring Properties filed.
Oct. 13, 2006 2201 Collins Fee, LLC`s Motion in Limine Concerning Owner of Record for CCCL Permit filed.
Oct. 13, 2006 2201 Collins Fee, LLC`s Motion in Limine Concerning Miami Beach Historical Preservation Board filed.
Oct. 12, 2006 (Proposed) Agreed Order on Roney Palace Condominium Association`s Motion to Reduce the DEP`s Time to Respond to Discovery filed.
Oct. 12, 2006 Roney Palace Condominium Association, Inc.`s First Set of Interrogatories to Respondent State of Florida Department of Environmental Protection filed.
Oct. 12, 2006 Roney Palace Condominium Association, Inc.`s First Request for Production of Documents to Respondent State of Florida Department of Environmental Protection filed.
Oct. 12, 2006 Roney Palace Condominium Association, Inc.`s First Set of Interrogatories to Respondent 2201 Collins Fee, LLC filed.
Oct. 12, 2006 Roney Palace Condominium Association, Inc.`s First Request for Production of Documents to Respondent 2201 Collins Fee, LLC filed.
Oct. 05, 2006 Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Request for Production of Documents filed.
Oct. 05, 2006 Roney Palace Condominium Association, Inc.`s Rsponse to First Request for Production Document Log filed.
Oct. 05, 2006 Document Log filed.
Oct. 05, 2006 Petitioner`s Notice of Filing of Privileged Communications Log, Work Product Log, and Document Log.
Oct. 05, 2006 Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Request for Admissions filed.
Oct. 05, 2006 Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Set of Interrogatories filed.
Oct. 04, 2006 Order Granting Motion (to Correct Co-Respondent`s Name, style of the case is changed to reflect that 2201 Collins Fee, LLC, is the proper Co-Respondent).
Oct. 02, 2006 Order (Related Companies, LP, has agreed to answer all discovery requests propounded by Roney no later than seven days after service).
Oct. 02, 2006 Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Request for Admissions filed.
Oct. 02, 2006 Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Request for Production of Documents filed.
Oct. 02, 2006 Roney Palace Condominium Association, Inc.`s Response to The Related Companies, LP`s First Set of Interrogatories filed.
Oct. 02, 2006 Petitioner`s Notice of Filing of Privileged Communications Log, Work Product Log, and Document Log filed.
Sep. 28, 2006 Notice of Objection to any Request for Continuance filed.
Sep. 28, 2006 Notice of Hearing (Special Set 15 Min. Telephone Conference) filed.
Sep. 28, 2006 Response to Motion for Protective Order filed.
Sep. 28, 2006 The Related Companies, LP`s Notice of Service of its First Set of Interrogatories to Roney Palace Condominium Association, Inc. filed.
Sep. 28, 2006 The Related Companies, LP First Request for Production to Petitioner, Roney Palace Condominium Association, Inc. filed.
Sep. 28, 2006 The Related Companies, LP First Request for Admissions to Roney Palace Condominium Association filed.
Sep. 28, 2006 Notice of Filing Previously Served Discovery on Roney Palace Condominium Association, Inc.
Sep. 25, 2006 Petitioner`s Response to Respondent`s Request for Production filed.
Sep. 25, 2006 Petitioner`s Notice of Filing Answers to Respondent`s First Set of Interrogatories filed.
Sep. 25, 2006 Notice of Filing Certified Copies of Portions of Permit File DA000527.
Sep. 25, 2006 The Related Companies, LP`s Reply to Roney Palace`s Response to Motion to Correct Co Respondent`s Name filed.
Sep. 25, 2006 Roney Palace Condominium Association, Inc.`s Motion for Protective Order filed.
Sep. 25, 2006 Petitioner`s Response in Opposition to Department of Environmental Protection`s Motion to Amend Co-Respondent`s Name filed.
Sep. 22, 2006 Notice of Taking Deposition filed.
Sep. 21, 2006 Roney Palace Condominium Association, Inc.`s Response to Motion to Correct Co-respondent`s Name filed.
Sep. 21, 2006 Roney Palace Condoninium Association, Inc.`s Supplemental Motion for Extension of Time filed.
Sep. 20, 2006 Roney Palace Condominium Association, Inc.`s Motion for Extension of Time filed.
Sep. 13, 2006 Department of Environmental Protection`s Motion to Correct Co Respondent`s Name filed.
Sep. 12, 2006 Order of Pre-hearing Instructions.
Sep. 12, 2006 Notice of Hearing (hearing set for November 20 and 21, 2006; 9:30 a.m.; Miami, FL).
Sep. 11, 2006 Notice of Availability for Hearing of Consolidated Cases filed.
Sep. 08, 2006 Notice of Availability filed.
Sep. 07, 2006 Order (DOAH Case Nos. 06-3044 and 06-3285 are consolidated).
Sep. 06, 2006 Order of Consolidation (DOAH Case Nos. 06-3044, 06-3285).
Aug. 31, 2006 Initial Order.
Aug. 31, 2006 The Related Companies, LP`s First Request for Production to Petitioner, Roney Palace Condominium Association filed.
Aug. 31, 2006 The Related Companies, LP First Request for Admissions to Roney Palace Condominium Association filed.
Aug. 31, 2006 The Related Companies, LP`s Notice of Service of its First Set of Interrogatories to Roney Palace Condominium Association, Inc. filed.
Aug. 31, 2006 Corrected Petition for Formal Administrative Proceeding filed.
Aug. 31, 2006 Final Order filed.
Aug. 31, 2006 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
Source:  Florida - Division of Administrative Hearings

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