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2012-27900 Reso RESOLUTION NO. 2012-27900 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE JUNE 6, 2012 MEETING TO CONSIDER GRANTING A REVOCABLE PERMIT TO CG TIDES, LLC, CG TIDES VILLAGE, LLC, CG TIDES VILLAGE I, LLC AND CG TIDES VILLAGE II, LLC, AS THE OWNERS OF THE PROPERTIES LOCATED AT 1220 OCEAN DRIVE AND 1201, 1221 AND 1225 COLLINS AVENUE, FOR A PROPOSED ELEVATED, COVERED PEDESTRIAN BRIDGE THAT SPANS THE 20' PUBLIC RIGHT-OF-WAY OF OCEAN COURT AT A WIDTH OF 9'1" WITH A MINIMUM VERTICAL HEIGHT OF 15' ABOVE OCEAN COURT. WHEREAS, CG Tides, LLC; CG Tides Village, LLC; CG Tides Village I, LLC; and CG Tides Village II, LLC (Applicants) are owners of the 8-story Tides Hotel, at 1220 Ocean Drive; a surface parking lot at 1201 Collins Avenue; the 3-story Molbar Building, at 1221 Collins Avenue; and the 2-story Splendor Building at 1225 Collins Avenue (collectively, the Properties); and WHEREAS, the Applicants have received approval from the City's Historic Preservation Board (HPB) (pursuant to HPB Order No. 5477) to redevelop the Properties, (to be known as the "Tides Village"); and WHEREAS, the Applicants wish to unify the Properties with an elevated, covered pedestrian bridge across Ocean Court at the second level of the Tides Hotel, to connect to the second level of the rear of an approved addition to the Molbar Building; and WHEREAS, the bridge is 15 feet above ground-level with a width of 9 feet 1 inch; and WHEREAS, at its regular meeting on April 10, 2012, the HPB (pursuant to HPB Order No. 7303) approved the proposed elevated, pedestrian bridge to connect the Properties; and WHEREAS, pursuant to Section 82-93, following submittal of the application for a Revocable Permit to the Public Works Department, the City Administration shall review the request and prepare a recommendation, and the City Commission should set a public hearing for consideration of the proposed Revocable Permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby set a public hearing for the June 6, 2012 meeting to consider granting a revocable permit to CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC and CG Tides Village II, LLC, as the owners of the properties located at 1220 Ocean Drive and 1201, 1221 and 1225 Collins Avenue, for a proposed elevated, covered pedestrian bridge that spans the 20' public right-of- way of Ocean Court at a width of 91" with a minimum vertical height of 15' above Ocean Court. PASSED and ADOPTED this 9th day of May, 2012. ATTEST: ' atti He rera 66wer, MayoAPP OVED AS TO Rafael Granado, City Clerk ;INCORP ORATED FORM &LANGUAGE &FOR EXECUTION T:\AGENDA\2012\5-9-12\1220 Ocean Drive- 26 �-/� Ciry Attorne Date Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing At Its June 6, 2012 Meeting To Consider Granting A Revocable Permit To CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC And CG Tides Village Il, LLC; Owners Of The Properties Located At 1220 Ocean Drive And 1201, 1221 And 1225 Collins Avenue, For A Proposed Elevated, Covered Pedestrian Bridge That Spans The 20' Public Right Of Way Of Ocean Court At A Width Of 9'1"With A Minimum Vertical Height Of 15' Above Ocean Court. Key Intended Outcome Supported: Maintain Miami Beach public areas and Right-of-Ways Citywide Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and the City Commission approve the Resolution? Item Summa /Recommendation: CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC and CG Tides Village II, LLC are owners of Tides Hotel at 1220 Ocean Drive, a surface parking lot at 1201 Collins Avenue, the Molbar Building at 1221 Collins Avenue, and the Splendor Building at 1225 Collins Avenue. The Applicants had previously received HPB approval (pursuant to HPB Order No. 5477) to redevelop the Collins Avenue properties. The Applicants now wish to unify all the Properties and have the main entry through the Tides Hotel on Ocean Drive with an elevated, pedestrian bridge across Ocean Court at the second level of the Tides Hotel to connect to the second level of the Molbar Building. The bridge is proposed to cross the entire 20-foot width of the City-owned Ocean Court at a minimum vertical elevation of 15 feet above the surface grade. At its regular April 10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303) approved the proposed elevated, pedestrian bridge to connect the Properties. As a result, the Applicants are requesting a revocable permit for the construction and maintenance of the aforestated elevated, covered pedestrian bridge. The Administration's analysis shows that the criteria established under Section 82-94 of the City Code are satisfied. Per City Code Section 82-93, following submittal of the application for a Revocable Permit to the Public Works Department, the City Commission should set a public hearing for consideration of the proposed Revocable Permit. THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION. Advisory Board Recommendation: The Historic Preservation Board has approved the proposed design. Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: FHB/RWS, Public Works 6565 Sign-Offs: Department D're c Assistant City ger City Manager FHB JGG JMG . Af--,�d T:\AGENDA\2012\5-9-12\12 0 Ocean Drive-SUMMARY.docx V',f V /0 MIAMIBEACH AGENDADA E C 7 S- iz ® MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,v✓ww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 9, 2012 ZZ SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING AT ITS JUNE 6, 2012 MEETING TO CONSIDER GRANTING A REVOCABLE PERMIT TO CG TIDES, LLC, CG TIDES VILLAGE, LLC, CG TIDES VILLAGE I, LLC AND CG TIDES VILLAGE II, LLC; OWNERS OF THE PROPERTIES LOCATED AT 1220 OCEAN DRIVE AND 1201, 1221 AND 1225 COLLINS AVENUE, FOR A PROPOSED ELEVATED, COVERED PEDESTRIAN BRIDGE THAT SPANS THE 20' PUBLIC RIGHT OF WAY OF OCEAN COURT AT A WIDTH OF 9'1" WITH A MINIMUM VERTICAL HEIGHT OF 15' ABOVE OCEAN COURT. ADMINISTRATION RECOMMENDATION Adopt the Resolution setting a public hearing to consider approving an elevated, pedestrian bridge over the public right-of-way. BACKGROUND CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC and CG Tides Village II, LLC (Applicants) are owners of the 8-story Tides Hotel at 1220 Ocean Drive, a surface parking lot at 1201 Collins Avenue, the 3-story Molbar Building at 1221 Collins Avenue, and the 2-story Splendor Building at 1225 Collins Avenue (Properties). The Properties are located in the MXE Zoning District, the Ocean Drive/Collins Avenue Local Historic District, and the National Register Architectural District. All three buildings: the Tides Hotel designed by L. Murray Dixon and built in 1936, the Molbar designed by Henry Hohauser and constructed in 1939, and the Splendor designed by M.J. Nadel and R.M. Norden and built in 1936, are contributing historic structures, which require review and approval by the Historic Preservation Board (HPB) for any re-development. The Applicants had previously received HPB approval (pursuant to HPB Order No. 5477) to redevelop the Collins Avenue properties, to be known as the Tides Village. The Applicants now wish to unify all the Properties and have the main entry through the grand fagade and lobby of City Commission Memorandum— 1220 Ocean Drive Revocable Permit May 9, 2012 Page 2 of 3 the Tides Hotel on Ocean Drive. To achieve this, the Applicants proposed an elevated, pedestrian bridge (Attachment A) across Ocean Court at the second level of the Tides Hotel to connect to the second level of the rear of an approved addition to the Molbar Building. The bridge is proposed to cross the entire 20-foot width of the City-owned Ocean Court at a minimum vertical elevation of 15 feet above the surface grade (Attachment B). At its regular April 10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303) approved the proposed elevated, pedestrian bridge to connect the Properties. As a result, the Applicants are requesting a revocable permit for the construction and maintenance of the aforestated elevated, covered pedestrian bridge. Per City Code Section 82- 93, following submittal of the application for a Revocable Permit to the Public Works Department, the City Administration shall review the request and prepare a recommendation, and the City Commission should set a public hearing for consideration of the proposed Revocable Permit. ANALYSIS Pursuant to the criteria established under Section 82-94 of the City for the granting/denying of revocable permits, the City Administration has analyzed the criteria and issues the following conclusions: 1) That the applicant's need is substantial. Satisfied. The applicant's need for the permit is substantial. The unification of the Tides Hotel with the Tides Village requires safe, appropriate and controlled access between the two portions of the Property. Since City rights-of-way separate and surround the two portions of the Property, any connection must use City property. Since the Tides Hotel is located mid-block and does not front on 12th Street, any ground-level access would have to either: (1) utilize sidewalks on Ocean Drive and 12th Street, passing a large property not owned by the applicant, and cross Ocean Court before returning to the Property; or(2) cross the service alley. The first path takes guests on a long trek adjacent to busy streets that is inappropriate for hotel operations, such as luggage handling. The second path, although considerably shorter, also poses danger to guests by way of vehicles, including large service vehicles, without the benefit of a designated and well-defined cross-walk. The elevated bridge resolves these problems by providing safe and controlled access between the hotel buildings. 2) That the applicant holds the title to an abutting property. Satisfied. The applicant is the Fee Simple Owner of the properties located at 1220 Ocean Drive and 1201, 1221 and 1225 Collins Avenue and the properties are adjacent to Ocean Court. 3) That the proposed improvements comply with applicable codes, ordinances, regulations, and neighborhoods plans and laws. Satisfied. The proposed elevated pedestrian bridge will be constructed in accordance with the relevant sections of the Code of the City of Miami Beach and the Florida Building Code, including proper elevation for service emergency vehicles. City Commission Memorandum— 1220 Ocean Drive Revocable Permit May 9, 2012 Page 3 of 4 4) That grant of such application will have no adverse effect on governmental/utility easements and uses on the property. Satisfied. The bridge does not impact any governmental use of the property as it is elevated 15' above ground-level. Above ground utilities will be relocated as part of the development. The elevation and narrow width (91") of the bridge provides unimpeded access in the event the City or any utility company may need to access any below ground easement. 5) Alternatively: a. That an unnecessary hardship exists that deprives the applicant of reasonable use of the land, structure or building for which the Revocable Permit is sought arising out of special circumstances and conditions that exist, and were not self-created, and are peculiar to the land, structures or buildings in the same zoning district, and the grant of the application is the minimum that will allow reasonable use of the land, structures, or building. b. That the grant of revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting and improved security. Satisfied. Granting the permit will enhance the security of the neighborhood by facilitating the unification of the Tides Hotel and Tides Village with safe and appropriate access. The bridge will remove unnecessary foot traffic and luggage handling activity from the City's sidewalks and not impede vehicular access along Ocean Court. The covered bridge will also provide shade and protection from the elements. 6) That granting the revocable permit requested will not confer on the applicant any special privilege that is denied to other owner of land, structures, or building subject to similar conditions. Satisfied. The safety and security of guests of any property requires appropriate measures, especially at commercial establishments such as hotels. Granting the permit provides the means for the applicant to ensure the safety of the hotel guests traveling between the hotel buildings. Granting the permit will not confer any special privilege on the applicant that would otherwise be denied to others similarly situated in the same zoning district. 7) That granting the revocable permit will be in harmony with the general intent and purpose of Article III of the City Code, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Satisfied. The elevated bridge will comply with all Code regulations and maintain the present service uses along Ocean Court while ensuring the safety of hotel guests and all users of the City rights-of-way. As such, it will neither be injurious to the surrounding properties nor detrimental to the public welfare. The Administration's analysis above shows that the above criteria established under Section 82- 94 of the City Code are satisfied, to allow a modest encroachment over the City's right-of-way to provide for the security of hotel guests of the Tides Hotel and Tides Village and maintain unimpeded use of the service alley of Ocean Court. The request is in harmony with the intent and purpose of the City Code, and will not be injurious to the area involved or otherwise City Commission Memorandum— 1220 Ocean Drive Revocable Permit May 9, 2012 Page 4 of 4 detrimental to the public welfare. The permit will provide the applicant with a reasonable use of the property. CONCLUSION The Administration recommends that the City Commission set a public hearing at its June 6, 2012 meeting to consider granting a revocable permit for the properties located at 1220 Ocean Drive and 1201, 1221 and 1225 Collins Avenue, for the proposed elevated pedestrian bridge that extends over the public right-of-way. Attachments: A— Rendering of proposed bridge B— Sketch and Legal description of the encroachment J MG/JGG/FHB/JJ F/RWS/DW T:\AGENDA\2012\5-9-12\1220 Ocean Drive-MEMO.docx 5 3 w �i} �• -,� _ C) Ln • j�� u Z LO N W W Z � w N U O 1 LU o N r T I to J Q Attachment— B SKETCH TO ACCOMPANY LEGAL DESCRIPTION TIDES BRIDGE CONNECTION EASEMENT I - I TIDES BRIDGE CONNECTION EASEMENT FROM ELEV. 22.75' TO ELEV. 33.25' N.G.V.D. 1929 I (181.6 sq.ft) LOT 12 LOT 5 N - - - - S89-5925"E - - - - N - - - - - 20.00 Z v, N00'00'35"E S00'0035"W 2 o c, 9.08' 9.08' o 4 Q I P.0.B. N89'5925"W p Q N o, 20.00 p Q N - V � LEGEND: W � olo � o "' —f-- DENOTES CENTER LINE m O o ,, �, v c� O o v �y i - -RIW-— DENOTES RIGHT OF WAY LINE W m Z p Q m O i W P.B. DENOTES PLAT BOOK - - - - - o N - - - - � - - - - - PG. DENOTES PAGE P.O.C. DENOTES POINT OF COMMENCEMENT I v, v Q I ~ C) P.O.B. DENOTES POINT OF BEGINNING I O P.0.C. S.E. CORNER W I LOT 9 BLOCK 17 o Q O Q (P.B. 2 - PG. 56) 0 I U J I O O 12th STREET SCALE 1"=20' I ` 'I� %0' SHEET 1 OF 2 SHEETS C� GlTz&kz-� 112 ;CJ d�� ��Q2����J1�ZG: REVISIONS LAND SURVEYORS-ENGINEERS-LAND PLANNERS - 3240 �ORP®�� jj��!�I rMIRAIum, �L 33025 PHONE No.(954)435-7010 No!,(P�4)4 8- 88 ORDER N0. 199849 PREFAB•E A� DATE: APRIL 27, 2012 ti THIS IS NOT A " BOUNDARY SURVEY' MARK Sl VEN`Z N8gt4,�i -'S 6,Y. & TREAS. CERTIFlCATE OF AUTHORIZATION No. LB-87 FLORIDA PROF£S$ION111 LAND;$06EYOR No. 4775 LEGAL DESCRIPTION TO ACCOMPANY SKETCH TIDES BRIDGE CONNECTION EASEMENT A PORTION OF 20 FOOT PUBLIC ALLEY (OCEAN COURT), OCEAN BEACH, FLA, ADDITION NO. 2, BLOCK 17, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 56 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 17, OCEAN BEACH, FLA, ADDITION NO. 2, ACCORDING TO THE PLAT THEREOF, AS• RECORDED IN PLAT BOOK 2 AT PAGE 56 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, , FLORIDA; THENCE NORTH 00 DEGREES 00 MINUTES 35 SECONDS EAST, ALONG THE EAST LINE OF LOTS 9 THROUGH 11 OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2, FOR 139.39 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES DO MINUTES 35 SECONDS EAST FOR 9.08 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 25 SECONDS EAST FOR 20.00 FEET TO THE WEST LINE OF LOT 6 OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2; THENCE SOUTH 00 DEGREES 00 MINUTES 35 SECONDS WEST, ALONG SAID LINE FOR 9.08 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 25 SECONDS WEST FOR 20.00 FEET TO THE POINT OF BEGINNING. SAID BRIDGE CONNECTION EASEMENT LYING BETWEEN THE HORIZONTAL PLANE OF ELEVATION OF 22.75 FEET AND ELEVATION 33.25 FEET NATIONAL GEODETIC VERTICAL DATUM 1929. SAID EASEMENT CONTAINING 181.6 SQUARE FEET. LYING AND BEING IN SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI- DADE COUNTY, FLORIDA. NORTH 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF NORTH 00 DEGREES 00 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF LOTS 9 THROUGH 11 OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2. 2) ORDERED BY: BERCOW RADELL & FERNANDEZ, P.A. 3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIP,TIOIV"MUST_,_BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. c'' %;' SHEET 2 OF 2 SHEETS REVISIONS LAND SURVEYORS-ENGINEERS-LAND PLANNERS. 3 40 CORPORAT �VPY-MIp#MA ' FL 33025 PHONE No.(954)435-7010 AX 0544W A ORDER N0. 199849 PREP�IRE i rSL►� ION: DATE: APRIL. 27, 2012 THIS IS NOT A ` BOUNDARY SURVEY HIARIC=S EN„gQHNSONI`_> 5ECY. & TREAS. CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL •LAND SpRVEYOR No. 4775