2012-27924 Reso RESOLUTION NO 2012-27924
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO
BAY ROAD OUTPARCEL PARTNERS, LLC, AS THE OWNER OF THE
PROPERTY LOCATED AT 1916 BAY ROAD, TO ALLOW FOR A
DECORATIVE METAL EYEBROW TO EXTEND 3 FEET INTO AND 48
FEET ALONG THE PUBLIC RIGHT-OF-WAY ON BAY ROAD, (AND A
MINIMUM OF 11.5 FEET ABOVE THE SIDEWALK).
WHEREAS, Bay Road Outparcel Partners, LLC(the Applicant) is the owner of the property
located at 1916 Bay Road (the Property); and
WHEREAS, the Applicant is re-developing an existing two-story building on the Property,
including the complete re-design of the current building facade facing Bay Road; and
WHEREAS, the project plans approved by the Design Review Board (DRB), at its regular
meeting on August 2, 2011 (pursuant to DRB Order No. 22860), included approval of a decorative
metal "eyebrow" along the entirety of the building facade; and
WHEREAS, the proposed metal eyebrow extends horizontally 3 feet into and 48 feet along
the public right-of-way, at a vertical height of 11.5 feet above the Bay Road finished sidewalk grade;
and
WHEREAS, at its April 11, 2012 meeting, the City Commission approved Resolution No.
2012-27883, setting a public hearing to consider this request; and
WHEREAS,the Public Works Department is in receipt of Applicant's completed application,
and finds that it meets the criteria established for granting of a revocable permit pursuant to Section
82-94 of the City Code.
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 grant a
Revocable Permit to Bay Road Outparcel Partners, LLC, as the owner of the property located at
1916 Bay Road, to allow for a decorative metal eyebrow to extend 4 feet into and 48 feet along the
public right-of-way on Bay Road, (and a minimum of 11.5 feet above the sidewalk).
PASSED and ADOPTED this 6th day of.JUNE 2012.
ATTEST:
,_,�v
Matti He Bower, Mayor
Rafael &an ,` i
APPROVED AS TO
TED:
t FORM & LANGUAGE
:INCORP ORA &FOR EXECUTION
CH 26 'City afe
T:\AGENDA\2012\5-9-12\1916 Bay Road-Reso.doc
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Granting A
Revocable Permit To Bay Road Outparcel Partners, LLC, As The Owner Of The Property Located At
1916 Bay Road, To Allow For A Decorative Metal Eyebrow To Extend 3 Feet Into And 48 Feet Along
The Public Right-Of-Way, And A Minimum Of 11.5 Feet Above The Sidewalk
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:
On August 2, 2011, the Design Review Board (DRB) approved modifications to the existing two story
building located at 1916 Bay Road (the Property), including the substantial redesign of the front
fagade. The existing use is that of a warehouse, and the proposed use is retail. As part of the project,
the predominantly blank east elevations will be replaced with nearly continuous storefronts.
The project plans approved by the DRB included approval of a decorative metal "eyebrow" extending
three feet into the Bay Road right-of-way and 11.5 feet above the existing sidewalk, along the entirety
of the building fagade. The 3-foot by 48-foot decorative metal "eyebrow" was viewed as an integral
component of the design.
As a result, Bay Road Partners LLC has requested a revocable permit for the construction and
maintenance of the aforestated decorative metal "eyebrow." Following submittal of the application for
a Revocable Permit to the Public Works Department, on April 11, 2012, the City Commission
approved Resolution No. 2012-27883 setting a public hearing for consideration of the proposed
Revocable Permit, as required pursuant to City Code Section 82-93.
The Administration's analysis shows that the criteria established under Section 82-94 of the City of
Miami Beach Code of Ordinances are satisfied.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
The Desi n Review 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' " Assistant City City Manager
FHB JGG JMG
T:\AGENDA\2012\6-6-12\1916 Bay Road-Summary.docx J D
MIAMIBEACH AGENDA ITEM nr7 C DATE "-G-7
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 6, 2012 PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,GRANTING A REVOCABLE PERMIT TO BAY ROAD OUTPARCEL
PARTNERS, LLC, AS THE OWNER OF THE PROPERTY LOCATED AT 1916 BAY
ROAD, TO ALLOW FOR A DECORATIVE METAL EYEBROW TO EXTEND 3 FEET
INTO AND 48 FEET ALONG THE PUBLIC RIGHT-OF-WAY ON BAY ROAD, (AND A
MINIMUM OF 11.5 FEET ABOVE THE SIDEWALK).
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached resolution approving
the revocable permit.
BACKGROUND
On August 2, 2011, the Design Review Board (DRB) approved modifications to the existing two-
story building located at 1916 Bay Road (the Property), including the substantial redesign of the front
facade. The existing building is located in a CD-2 commercial medium intensity zoning area, with
the same future land use designation. The existing use is that of a warehouse, and the proposed
use is retail. As part of the project, the predominantly blank east elevations will be replaced with
nearly continuous storefronts.
The application submitted to the DRB included the complete redesign of the current building facade
facing Bay Road. The new design is compatible with new construction recently approved in the
immediate area, including the Sunset Harbor Parking Garage and the City's Property Management
facility.
The project plans approved by the DRB, at its regular meeting on August 2, 2011 (pursuant to DRB
Order No. 22860), included approval of a decorative metal "eyebrow" (Attachment A) extending
three feet into the Bay Road right-of-way and 11.5 feet above the existing sidewalk, along the
entirety of the building facade. The 3-foot by 48-foot decorative metal "eyebrow"was viewed as an
integral component of the design (Attachment B).
As a result, Bay Road Partners LLC, as the owner of the Property, has requested a revocable permit
from the City for the construction and maintenance of the aforestated decorative metal "eyebrow".
Following submittal of the Property Owner's application for a Revocable Permit to the Public Works
Department, on April 11, 2012,the City Commission approved Resolution No. 2012-27883 setting a
public hearing for consideration of the proposed Revocable Permit, as required pursuant to City
Code Section 82-93.
City Commission Memorandum-1916 Bay Road Revocable Permit
June 6, 2012
Page 2 of 3
At the May 9, 2012 Commission meeting, subject public hearing was opened and continued to the
June 8, 2012 Commission meeting.
ANALYSIS
Pursuant to the criteria established under Section 82-94 of the City Code for the granting/denying of
revocable permits, the City Administration has concluded the following;
1) That the Applicant's need is substantially satisfied.
Satisfied.The Applicant's need has been established by the adopted and City approved design.
The metal eyebrow extends over and into the public ROW to aesthetically capture a unique
building fagade.
2) That the Applicant holds title to an abutting property.
Satisfied. The Applicant is the Fee Simple Owner of the property located at 1916 Bay Road
(Attachment 5).
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhood plans and laws.
Satisfied. The Applicant has complied with all the regulatory requirements for design criteria. A
zero set back on Bay Road caused the decorative metal eyebrow as designed to project over
and into the public ROW.
4) That the grant of such application will have no adverse effect on government/utility easements
and uses of the property.
Satisfied. The architectural encroachments do not create a conflict with existing government
i
utilities and/or easements.
5) Alternatively:
a. That an unnecessary hardship exists that deprives the applicant of a 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, structure or
building.
b. That the grant of the 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 this permit may be considered a neighborhood-enhancing amenity,
since the decorative metal eyebrow provides pedestrian and bicyclists with shade and
protection from rain.
City Commission Memorandum-1916 Bay Road Revocable Permit
June 6, 2012
Page 3 of 3
6) That granting the revocable permit requested will not confer on the applicant any special
privilege that is denied to other owners of land, structures or building subjected to similar
conditions.
Satisfied. Granting this permit will not provide special privileges to the applicant; any other
property owner may also apply for a Revocable Permit for metal eyebrow provided they meet the
applicable criteria, do not interfere with the safe utilization of any public ROW, and provide a
neighborhood amenity such as pedestrian shade.
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 proposed eyebrow will not have an impact on surrounding properties, will not
devalue any adjacent properties, and will not have a detrimental effect 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. This application is also supported by the fact that the decorative metal
eyebrow is part of the design that was approved by the DRB. The DRB considered the decorative
metal eyebrow to be part of the best design solution for this project.Additionally,the metal eyebrow
provides a public benefit in shading pedestrians and protecting them from rain.
CONCLUSION
The Administration recommends that the City Commission adopt the attached resolution approving
the revocable permit.
Attachments:
A— Rendering of proposed "eyebrow"
B— Sketch and Legal description of the Property
JMG/JGG/FHBO- /DW
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