2012-27950 Reso ` i I
RESOLUTION NO.1 2012 =27950
t �
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE
SEPTEMBER 12, 2012, CITY COMMISSION MEETING TO CONSIDER
GRANTING AN - EASEMENT TO CG TIDES, LLC, CG TIDES VILLAGE, LLC,
CG TIDES VILLAGE 1, 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, TO CONSTRUCT, INSTALL, AND
MAINTAIN A PROPOSED ELEVATED, COVERED PEDESTRIAN BRIDGE
THAT SPANS THE 20 -FOOT PUBLIC RIGHT -OF -WAY OF OCEAN COURT AT
A WIDTH OF 9'1 ", WITH A MINIMUM VERTICAL HEIGHT OF 16 FEET
ABOVE OCEAN COURT.
WHEREAS, CG Tides, LLC; CG Tides Village, LLC; CG Tides Village I, LLC; and CG
Tides Village Il, LLC (Applicants) are the 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; and
WHEREAS, the Applicants wish to unify the Properties with an elevated, covered
pedestrian bridge across the Ocean Court right of way, 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 proposed to be 16 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, covered pedestrian bridge; and
WHEREAS, the request to construct and maintain the bridge over the Ocean Court right
of way was initially submitted to the City by Applicants as a request for a Revocable Permit; and
WHEREAS, at the June 6, 2012 City Commission Meeting, the City Commission
considered Applicants' request for Revocable Permit, but determined that, due to the semi-
permanent structure of the bridge, it would be more appropriate to consider Applicants' request
pursuant to the grant of an easement by the City (for Applicants' construction and maintenance
of the bridge); and
WHEREAS, at the same Commission Meeting, this matter was also referred to the Land
Use and Development Committee (Committee); in addition to consideration of this matter, the
City Commission also requested that the, Committee develop administrative policies and
procedures for future grants by the City of similar aerial, as well as subsurface, easements
involving the long term use /occupancy of public property (i.e. for purpose other than installing
and /or maintaining utilities); and
t
WHEREAS, at its June 13, 2012 meeting, the Committee recommended that the City
Commission set a public hearing to consider the granting of an overland (aerial) easement for
Applicants' request; and
WHEREAS, the Committee also recommended that the City Commission consider and
adopt those certain administrative policies for the granting of subsurface and aerial easements;
which policies are attached as Exhibit "A" hereto; and
WHEREAS, the Administration anticipates bringing the aforestated policies to the City
Commission (for final approval) at its September 12, 2012 meeting.
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 September 12, 2012 City Commission Meeting to consider granting an
easement 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, to construct, install, and maintain a proposed elevated, covered
pedestrian bridge that spans the 20 -foot public right -of -way of Ocean Court, at a width of 91",
with a minimum vertical height of 16 feet above Ocean Court.
PASSED and ADOPTED this 18 day of July, 2012.
ATTEST:
atti.Herr a Bower, Mayor
Rafael Gran
•'
T:WGENDA 3 pern`ti s an easements \1220 Ocean Drive - RESO.docx
� ', ORATED:
APPROVED AS TO
FORM & LANGUAGE
& FOR. EXECUTION
J 2 �..
i y ARbrne y�\ at
Exhibit A
:. m► : 'MIAM[BEACH
Cii jj of Miami Beach;, 1700 Convention Ceriter Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMITTEE MEMORANDUM"
TO: Members of the Land Use and Development Committee
FROM: Jorge M. Gonzalez, City Manager r Jvo '
DATE: June 13; 2012
SUBJECT: ADDENDUM TO THE LAND USE - AND DEVELOPMENT. COMMITTEE
- MEETING AGENDA
Attached, please find an Addendum #o the Land Use and Development Committee
Agenda: '
7. .DISCUSSION ON POLICY CONSIDERATION REGARDING THE GRANTING,
OF`SUBTERRANEAN ORAERIAL RIGHTS OVER PUBLIC PROPERTY. k
(REQUESTED BY CITY COMMISSION
JUNE 6, 2012 CITY COMMISSION MEETING ITEM C4D AND ITEM`R7B)
DISTRIBUTION
Mayor & Commission .
Jose Smith, City Attorney
y Jorge Gomez, Assistant City Manager
Hilda M. Fernandez, Assistant City - Manager
Gary.Held, First Assistant City Attorney
Richard Lorber, :Planning Director
M:\$CMB \CCUPDATES \Land Use and Development Committee\Agenda Addendum;docx
I AM IBEACH_
J 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,' Qty Manager.
,DATE: June 13, 2012
` SUBJECT: - DISCUSSION ON ADMINISTRATIVE- POLICIES AND PROCEDURES REGARDING .
THE OF SUBTERRANEAN OR AIR -RIGHTS OVER OW (AS
THE CASE MAYBE) PUBLIC PROPERTY.
BACKGROUND
At its regular meeting on June 6, 2012, the Commission decided not to take action pert aining`to a
request:for a' revocable permit for a proposed City elevated; covered, pedestrian bridge that•spans .
the 20 feet public right -of -way (ROW) of Ocean Court (Attachment A is a'rendering, of the proposed
elevated pedestrian bridge). The matter was referred to the Land Use and Development Committee
(LUDC) and the Finance and Citywide Projects Committee ( FCWPC) for further discussion.
A- referral to the LUDC and the FCWPC was also made for further discussion of a request for a sub'
surface easement across the 50 feet ROW on 34 street, between Collins Avenue and Indian Creek
Drive (Attachment.B is a subterranean site plan and profile view)':
.
The Administration seeks pollcy direction on the .aforestated requests, and other future similar .
requests regarding'the use of sub- surface rights and /or air rights over or under public property.
DISCUSSION
- 1:: Use of Air Rights Over Public Property: The owners of the Ocean Drive /Collins Avenue
property' are requesting, pursuant to. a grant of a revocable permit by the .City, .to •use the air
; rights over a public alley, in order to construct abridge that would connect a property fronting .
r Ocean Drive with their property - fronting Collins Avenue.. This bridge will add value to the Collins
Avenue property as it will have its 'entrance" on Ocean Ddve;.a more desirable hotel location. If
this approach proves successful, it is anticipated.that other properties Will come forth with- similar
requests. Indeed, staff from the Planning Department has held preliminary discussions with a"
second property owner on. Ocean Drive that wants to connect, with a similar bridge to'a property
„ along Collins Avenue: Currently, there are no revocable permits that have been granted for this
type of proposed use. .
2. Use of Sub - Surface Rights Underneath Public Property: The owners of the''Atlantic Hotel and
other vacant property on the west side of Collins Avenue are requesting pursuant to.the grant of
: anIeasement by- the •City, to use the subterranean rights-underneath a public street in order to
connect the:subterranean parking between two. properties. on the north and south side of•34th
street between Collins Avenue. and "Indian Creek Drive.. This subterranean connection,. crossing.
underneath 30 street, would be for the exclusive use of the Atlantic Hotel development. , If.this
sub- surface easement request is approved, it is anticipated that similar requests"would be made :
by other developers... Currently, there are no, sub - surface easements -granted underneath any :
City street or any public'ROW. i
LUDO Referral— `Underground and aerial easements
June 13, 2012. ,
..Page 2. of 3
3. ANALYSIS
Regarding air rights, the first policy .question should be whether the City is willing to entertain .
_ requests by the private sector to use the air rights over public ROWS for the construction of elevated
connecting bridges; and, if so, over what type of ROW's,(streets vs. alleys). The-Administration is
concerned that the wider the ROW, the more of an impact these type structures wi11 The
rationale is, that,' . through the design review process; only very light; thin structures would be
acceptable. As such, since alleys are typically only 20 feet in width, it is I much simpler to achieve a
thin bridge when the street span is narrower. The typical street width is 50 feet and above, which
.would require wider and heavies bridges to ensure a safer structural solution. It is suggested that for
air-rights over public.alle'ys, a planning review be conducted under Sec. 82 of the,City Code, but
the use of air- r'ights streets should require an additional hearing in front of the Planning Board: '
Regarding subterranean easements,'the first policy question is whether this, type of easement should,.
be only underhe"ath alleys or local streets that have a maximum ROW width of 50 feet, or
whetherthis type of- easement be granted -also on wider streets, such as Washington Avenue.
The second policy question addresses the type of approval granted by the City in order to build.over
or under public ROWs. The applicant for the elevated pedestrian bridge applied fora revocable
- permit and'•the request, was processed as such. 'However, as .stated during 'the Commission
meeting, it may be more' appropriate to consider the granting of an easement for future requests,
- instead of a revocable permit.
The Atlantic Hotel applied for a perpetual easement; however, in their letter of intent, they cited the
A revocable permit as the review criteria.:, v ;
'The City `Administration recommends that the City Commission evaluate the following administrative
procedures with regard to -the granting of subterranean and /or air rights easements:!
1- These types of requests should be treated as easements,-whether sub - surface or air -right
easements. This would.require the creation of an easement agreement between the City and
the applicant. Such an agreement would be able to address on, .a case ., by 'case basis
different issues such as maintenance, revocation proffers, etc. Typically; an easement would. .
not trigger the Charter provisions on the disposition of land and the'Committee should be .
aware this fact.
.., 2. Review Criteria: Chapter 82 of the City Code requires that a Planning Analysis for the sale or
lease. of 10 or more years be performed. While an easement for air -rights or sub - surface use
does not fall under this provision of the Code, section 82 -36 does state that where such
analysis; is in the best interest of the City, the' City. Manager may require the Planning
'department to prepare a written analysis on any proposed IeaseLregardless of the term. The
Administration suggests that the criteria, contained in 82 -36 be; used for these types of
easements.
3. Public Hearing: Typically easements only require City - Commission action. However use of -
the . City's sub - surface or.air- -rights can vary .and depending on the type of request, the
.. Commission may wish to require additional 'opportunity for public impact. As - an example,
- creating a bridge over an alley may be acceptable to approve with just a single. public _
hearing: However, 'a bridge • over. a public street may warrant . additional venues for public
° participation and consensus building prior to Commission action: The Charter _ further .
requires that the sale or disposition of specific property go through a public referendum. This
requirement is limited to ocean front land, parks and certain specified properties. The Charter
requires that the sale, exchange; conveyance or lease of 10 years or longer of all- other'
property requires approval by a majority 417 vote of the. Planning. Board and 6/7.v6te of.the
City Com`mission..The Administration suggests that the Commission establish the thresholds
` , . for sub -surface or air -right easements that would trigger at a •minimum, a Planning Board
` LUDC Referral - Underground and aerial easements
June 13, 2012 ;
Page 3 of 3
review, duly noticed - wherein the public. could participate, express their" views and the
Planning Doard could then make an advisory recommendation to, the Commission. This
would give the Commission one additional public process and review to help .inform them of
any issues of a proposed request:
The issue of - compensation will be taken to the FCWPC, for discussion and direction. The
Commission requested that an appraisal be performed and the Administration`is in the process of
obtaining: this and other information that will be presented at the Finance and Citywide Projects
Committee meeting.
CONCLUSION .
The above is provided as a starting point for discussion by members for -the. Committee regarding
policy direction on sub-surface and air. rights, easements.
Attachments:
A. 1220 Ocean Court rendering of the proposed elevated. pedestrian bridge
B. 340,0 Collins Avenue subterranean.site plan and profile view
JGG /FHB /JJF /RWS
M: \$CMB\CCUPDATES\Land Use and Development Committee\2012Wune\Land Use and FCWC.- 34th Street Underground Easement and 1220.docx
'Condensed Title: .
A: Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Setting A
Public Hearing For The September 12, 2012 Commission Meeting, To Consider Granting An Aerial
Easement Agreement With CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC And'CG
Tides Village 11, 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 16 Feet 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
Shall the Mayor and the City Commission approve the Resolution?
Item Summary /Recommendation:
CG Tides, LLC, CG Tides. Village, LLC, CG Tides Village -I, .LLC and CG Tides Village 11, LLC
(Applicants) 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 (Properties).,
The Applicants received HPB approval (pursuant to HPB Order No. 5477) to redevelop the Collins
Avenue properties and now wish to unify. all the Properties 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 20 -foot width of Ocean . Court at a minimum. vertical
elevation of 16 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.
The Land Use Committee and the Finance and Citywide Projects Committee for policy direction. At
the June 13, 2012 Land Use' Comm ittee meeting, it was determined that an easement was the more
appropriate instrument for allowing an aerial bridge across City,right -of -way and that the Commission
should, set a'public hearing to consider granting the easement.
Staff has reviewed the appropriateness of the facility, pursuant to the criteria established under Section
82 =38 of the City Code for the proposed sale or lease of City property. The City has determined that
the criteria are satisfied. .
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisor " Board Recommendation:
F Approval by HPB, LUDC, and FCWPC '
Financial Information:.
Source of Amount Account Approved`. -
Funds: 1. .
4_
OBPI Total,,'=
Financial Impact Summary:
City-Clerk's Office Legislative Tracking:
FHB /RWS, Public Works 6565
Sign
Department'Di e r Assistant City ger;, CityMana
FHB JGG W,41 KGB
TAAGENDA\2012 \7- 8 -12 \revocable permits and easements \12 , can Drive - SUMMARY.docx
AGENDA ITEM
MIA 7 fir' 1 IBEAC DATE 4' �2 -
_ M IAMI
City of Miami Beath, 1700 Convention Center Drive, Miami Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Com fission
FROM:. Kathie G. Brooks, Interim City Manager
DATE:- , July 18, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH; FLORIDA, SETTING A PUBLIC HEARING FOR THE
SEPTEMBER 12, 2012 COMMISSION MEETING TO CONSIDER GRANTING
AN AERIAL EASEMENT —AGREEMENT WITH 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 -FOOT
PUBLIC RIGHT -OF -WAY OF .00EAN COURT AT A WIDTH OF 9'1" WITH A
MINIMUM VERTICAL HEIGHT OF 16 FEET ABOVE OCEAN COURT.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
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
. 120.1 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 facade and lobby of
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
City Commission Memorandum — 1220 Ocean Drive Revocable Permit
- July 18, 2012
- Page 2 of 5
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 of the City -owned Ocean Court at a
minimum vertical elevation of 16 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. „
Following submittal of the application for a Revocable Permit to the Public Works Department,
on May 9, 2012 the _City Commission approved Resolution No. 2012 -27900 setting a public
hearing for the June 6,2012 Commission Meeting to consider the proposed Revocable Permit,
as required pursuant to City Code Section 82 -93. -
However, at the public hearing, this issue was referred to the Land Use Committee and the
Finance and .Citywide Projects Committee for policy direction. At the "June 13, 2012 Land Use
Committee meeting, it was determined that:
1. An easement was the more ,appropriate instrument for allowing an aerial bridge across
City right -of -way.
2. The value of the easement should be determined via an appraisal conducted for the
City and paid for by the Applicants.
3. The Commission should set a public hearing to consider granting the easement.
At the Finance and Citywide Projects Committee, it was.determined that the Applicants should
pay the assessed value of the easement and should contribute to funding a "green" alley in
Ocean Court.
ANALYSIS
There is no section of the City Code that provides guidance on the appropriateness of granting
an easement. Therefore, staff has reviewed the appropriateness of the facility pursuant to the
criteria established under Section 82 -38 of the City Code for the proposed sale or lease of City
property.
1) Whether or not the proposed use is in keeping with.city goals and objectives and conforms
to the city's comprehensive plan.
Satisfied
2) The impact on adjacent properties (if any), including the potential positive or negative
impacts such as diminution .of open space, increased traffic, noise level, enhanced property
:values, improved development patterns and provision of necessary services. Based on the
proposed use of the property, the city shall determine the potential impact of the project on
city utilities and other infrastructure needs and the magnitude of costs associated with '
needed infrastructure improvements. Should it become apparent that further evaluation of
traffic impact is needed, the purchaser /lessee shall be, responsible for obtaining and paying
fora traffic- impact analysis from a reputable traffic engineer. .
Satisfied The Applicants own the properties on either side of the proposed easement, and
the easement should enhance the property values. There will not be any impact on City
utilities, which are below ground. Other aboveground utilities will be relocated as part of the
development.. The elevation and narrow width (9'.1 ") of the bridge provides unimpeded
access'in the event the City or any utility company may need to access any below ground
City Commission Memorandum — 1220 Ocean Drive Revocable Permit
July 18, 2012
Page 3 of 5
easement. The easement is 16 feet above Ocean Court, so there will not be any traffic
impacts.
3) A determination as to whether or not the proposed use involves a public purpose, or is in
keeping with the community's needs, such as expanding the city's revenue base, reducing
city costs, creating jobs, creating a significant revenue stream, and /or improving the
community's overall quality of life.
Satisfied The Applicants have agreed to help fund the construction of a "green" alley
adjacent to their properties that will improve the appearance and drainage of Ocean Court.
Further, 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.
4) A determination as to whether or not the proposed use is in keeping with the surrounding
neighborhood, will block views or create other environmental intrusions, and evaluation of
the design and aesthetic considerations of the proposed development or project.
Satisfied At its regular April 10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303)
determined that this use is in keeping with the surrounding neighborhood and approved the
proposed elevated, pedestrian bridge to connect the Properties.
5) The impact on adjacent properties, whether or not there is adequate parking, street and
infrastructure needs.
Satisfied There will not be any adverse impacts to adjacent properties other than those
owned by the Applicants.
6) Such other issues as the city manager or his authorized designee, who shall be the city's
planning director, may deem appropriate in analysis of the proposed disposition.
Satisfied This proposed aerial easement was referred to the Land Use and Development
Committee and the Finance and Citywide Project Committee for policy direction. At those
meetings, it was determined that the consideration for granting this easement should be
heard at a public hearing and that the Applicants should pay the assessed value of the
easement. The firm of Waronker and Rosen has prepared an appraisal of the aerial
easement and estimates its value at $75,000.
The analysis above shows that the criteria for the proposed sale or lease of City property are
satisfied, per Miami Beach City Code Sections 82 — 38, to allow an encroachment in the City's
right -of -way to provide an aerial bridge. The request will not be detrimental to the public welfare.
As this application was originally referred as a revocable permit, staff also reviewed the
appropriateness of the facility pursuant to the criteria established under Section 82 -94 of the
City Code for the granting /denying of revocable permits. The conclusions below are included in
the memorandum to provide additional information to the Commission:
1) That the applicant's need is substantial.
City Commission Memorandum — 1220 Ocean Drive Revocable Permit .
July 18, 2012
Page 4 of 5 t
Satisfied Granting the permit will enhance the security of the neighborhood by facilitating
.the unification 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..
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.
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
16' aboveground- 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 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. The Applicants have agreed to help fund the construction of a "green" alley
adjacent to their properties that will improve the appearance and - drainage of Ocean Court.
Further; 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.
City Commission Memorandum - 1220 Ocean Drive Revocable Permit
July 18, 2012
Page 5 of 5
6) That granting the revocable perm_ it requested will not confer on the applicant any ;
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 also satisfied. v
At this time, the Applicants and City 'staff are negotiating the terms of the easement agreement.
CONCLUSION
The Administration recommends that the City Commission set .a' public hearing at the
September 12, 2012 City Commission Meeting to consider a granting'an aerial, easement for 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 -foot public right -of -way of
Ocean Court at a width of 9'1" with a minimum vertical height of 16 feet above Ocean Court
Attachments: '
A —. Rendering of proposed bridge
B — Sketch and Legal description of the encroachment
JMG /JGG /FHB /JJF /RWS /DW
T:WGENDA\2012 \7 -18 =12 \revocable permits and easements \1220 Ocean Drive - MEMO.docx
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- (P. B. 2 - PG. 56)
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<' 12th STREET
SCALE . 1 " =20' SHEET 1 OF 2• SHEETS
REVISIO'NS
LAND SURVEYORS- ENGINEERS -LAND PLANNERS 3240 CORPORATE WAY- MIRAMAR, FL 33025
PHONE No.(954)435 -7010 AX No. (954)438 -3288
ORDER NO. 199849 PREPARED ER . SU RVISION:
DATE: 'APRIL 27, 2012.
THIS IS 'NOT A " BOUNDARY SURVEY" MARK ' STEVEN JOHNSON, . SEC'Y. & TREAS.
CERTIFICATE OF. AUTHORIZATION No. LB -87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
TIDES BRIDGE CONNECTION
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 OO 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 00 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 LYING BETWEEN THE HORIZONTAL PLANE OF ELEVATION OF 22.75 FEET AND
ELEVATION 33.25 FEET NATIONAL GEODETIC VERTICAL DATUM 1929. SAID AREA 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 DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF
THE. ATTESTING PROFESSIONAL LAND SURVEYOR.
SHEET 2 OF 2 SHEETS
• eSe�zGV'���� e� ��s�2u2 � c��.�oe�a�e�, � i2e. REVISIONS
LAND SURVEYORS- ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY- MIRAMAR, FL 33
PHONE No.(954)435 -7010 FAX No. (954)4 3288
ORDER NO. 199849 PREPARED R MY SUPERVI
DATE: APRIL 27, 2012
THIS IS NOT A ° BOUNDARY SURVEY" MARK. STEVEN JOHNSON, SECY.. & TREAS.
CERTIFICATE OF AUTHORIZATION No. LB -87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775