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2012-28002 Reso RESOLUTION NO. 2012-28002 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO SEVILLE ACQUISITION, LLC, AS THE OWNER OF THE PROPERTY LOCATED AT 2901 COLLINS AVENUE, FOLLOWING A DULY NOTICED PUBLIC HEARING, TO ALLOW FOR DECORATIVE CONCRETE EYEBROWS TO EXTEND 3 FEET INTO AND 35.45 FEET ALONG THE PUBLIC RIGHT-OF-WAY ON 29TH STREET AND TO EXTEND 3 FEET INTO AND 354 FEET ALONG THE PUBLIC RIGHT-OF-WAY ON 30TH STREET. WHEREAS, Seville Acquisition, LLC (the Applicant) is the owner of the hotel property located at 2901 Collins Avenue (the Property); and WHEREAS, the Applicant is proposing.to substantially renovate and restore the existing Seville Hotel on the Property; and WHEREAS, the project plan approved by the Historic Preservation Board (HPB) at its regular meetings on May 10, 2011 and June 14, 2011, respectively (pursuant to HPB File No.7249), approved the Project with concrete eyebrows extending into the 291h Street and 30th Street right-of-ways; and WHEREAS, on 29th Street, the proposed eyebrow extends horizontally 3 feet into and 35.45 feet along the public right-of-way; and WHEREAS, on 30th Street, the proposed eyebrow extends horizontally 3 feet into and 354 feet along the public right-of-way; and WHEREAS, the Applicant is requesting a revocable permit from the City to construct and maintain the encroachment on and over the public right-of-way; and WHEREAS, at its July 18, 2012 meeting, the City Commission approved Resolution No. 2012-27949, 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 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 Seville Acquisition, LLC, as the owner of the property located at 2901 Collins Avenue, following a duly noticed Public Hearing, to allow for decorative concrete eyebrows to extend 3 feet into and 35.45 feet along the public right-of-way on 29th street and to extend 3 feet into and 354 feet along the public right-of-way on 30th Street. PASSED and ADOPTED this 12th day of September, 2012. ATTEST: 0 � 1 YY4♦7 4AIPPROV AS TO � �� '••� � RM & NGUAGE Matti Herrer Bower, Mayor Rafael G anado,, QFOE UTION Kt6RP ORATED . derm c T:\AGENDA\2012\9-12-12\ " 't ,•', ents\2901 Collins Avenue Revocable t cx ate COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Granting A Revocable Permit To Seville Acquisition, Llc, As The Owner Of The Property Located At 2901 Collins Avenue, Following A Duly Noticed Public Hearing, To Allow For Decorative Concrete Eyebrows To Extend 3 Feet Into And 35.45 Feet Along The Public Right-Of-Way On 291h Street And To Extend 3 Feet Into And 354 Feet Along The Public Right-Of-Way On 30th Street. Key Intended Outcome Supported: Maintain Miami Beach public areas and Rights-of-Way Citywide Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and the City Commission approve the Resolution? Item Summary/Recommendation: PUBLIC HEARING The project plans approved by the Historic Preservation Board, at its regular meetings on May 10, 2011 and June 14, 2011 (pursuant to HPB File No.7249) included the restoration of the existing "eyebrow" extending horizontally 3 feet into and 35.45 feet radially along the 29th Street public right-of- way and the reconstruction and extension of the existing "eyebrow" extending horizontally 3 feet into and 354 feet along the 30th Street public right-of-way. As a result, Seville Acquisition, LLC (Applicant), as the owner of the Property, has requested a revocable permit for the construction and maintenance of the aforestated "eyebrows." 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. At the July 18, 2012 meeting, the City Commission passed Resolution No. 2012-27949, setting a public hearing at its September 12, 2012 meeting. The Public Works Department has reviewed the application and finds that it satisfies the criteria of section 82-94 of the City Code established for granting revocable permits. THE ADMINISTRATION 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 Di ct Assistant City ager City Man r 10 FHB J G G i±11 KGB T:\AGENDA\2012\9-19-1 Revocable Permits and Easements\2901 Collins Avenue Revocable Permit-Summarf.docx ,AGENDA ITEM ILIA/'� 9-la_ DATE Z 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 Cit Commission PUBLIC HEARING FROM: Kathie G. Brooks, Interim City Manager DATE: September 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,GRANTING A REVOCABLE PERMIT TO SEVILLE ACQUISITION, LLC, AS THE OWNER OF THE PROPERTY LOCATED AT 2901 COLLINS AVENUE, FOLLOWING A DULY NOTICED PUBLIC HEARING, TO ALLOW FOR DECORATIVE CONCRETE EYEBROWS TO EXTEND 3 FEET INTO AND 35.45 FEET ALONG THE PUBLIC RIGHT-OF-WAY ON 29TH STREET AND TO EXTEND 3 FEET INTO AND 354 FEET ALONG THE PUBLIC RIGHT-OF-WAY ON 30TH STREET. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the resolution granting the revocable permit. BACKGROUND On May 10, 2011, the Historic Preservation Board (HPB) approved the substantial renovation and restoration of the existing Seville Hotel located at 2901 Collins (Property). On June 14, 2011, the HPB approved the site plan and landscaping for the Property. The approval included: 1. The demolition of the existing 2-story cabana wing at the southeast corner of the site and its replacement with a new 5-story structure. 2. The demolition of the northwest corner of the existing Seville pedestal to construct a new 18-story structure for additional hotel rooms and condominium units. 3. The substantial demolition and reconfiguration of the entire north pedestal portion of j the building for new uses, including parking, a ballroom, a nightclub, and an ice rink. 4. The reconfiguration of the majority of the site at the rear of the property with the exception of the original pool, diving platform, and outdoor pavilion, which will be retained. The project plans approved by the HPB, at its regular meetings on May 10, 2011 and June 14,2011 (pursuant to HPB File No.7249) included the restoration of the existing "eyebrow" extending horizontally 3 feet into and 35.45 feet radially along the 29th Street public right-of-way and the reconstruction and extension of the existing"eyebrow"extending horizontally 3 feet into and 354 feet along the 30th Street public right-of-way (Attachments A and B). As a result, Seville Acquisition, LLC (Applicant), as the owner of the Property, has requested a revocable permit for the construction and maintenance of the aforestated"eyebrows."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 City Commission Memorandum-2901 Collins Avenue Revocable Permit September 12, 2012 Page 2 of 3 the City Commission should set a public hearing for consideration of the proposed revocable permit. At the July 18, 2012 meeting, the City Commission passed Resolution No. 2012-27949, setting a public hearing at its September 12, 2012 meeting. The Public Works Department has reviewed the application and finds that it satisfies the criteria of section 82-94 of the City Code established for granting revocable permits. ANALYSIS Pursuant to the criteria established under Section 82-94 of the City Code for the granting/denying of revocable permits, the City 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. 2) That the Applicant holds title to an abutting property. Satisfied. The Applicant is the Fee Simple Owner of the property located at 2901 Collins Avenue. 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. 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 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 "eyebrows" provide pedestrian and bicyclists with shade and protection from rain. City Commission Memorandum-2901 Collins Avenue Revocable Permit September 12, 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 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 eyebrows 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 eyebrows are part of the design that was approved by the HPB. The HPB considered the eyebrows to be part of the best design solution for this project. CONCLUSION The Administration recommends that the City Commission adopt the attached resolution to approve the revocable permit. Attachments: A. Sketch of encroachment on 29th Street B. Sketch of encroachment on 30th Street KGB/JGG/FH""14/DEF T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\2901 Collins Avenue Revocable Permit-Memo.doc Attachment A SKETCH & LEGAL DESCRIPTION BUILDING EASEMENT BLOCK 11, LOT I I LOT 6 I J I SUBJECT W ( I EASEMENT I I ---- - P.O.B. ; A=36.45' I ; VACATED AIR RIGHTS I I OF RIGHT—OF—WAY t owER uMtr w vER ncAL ABovE ,� A=20018'370� ` ELEV: .0 U.B.L D.BAY DATUM / UI 29th S.TREE.T. a=343e I ` PUBLIC R/W AT STREET LEVEL' ._ `1 �/ lb. ORTH SCALE:'"O" ; / / a NORWAY RA LINE_ QUIT-CIAWW TO CRY OF MIAFdI BEACH,O.R.O.6364,PAGE 237, 29th STRfETL.— _ I EA8T_ _ 49 50' _ — _ �• �Q —� 125.W �GY (ASSUMED BASIS atr I OF BEARING$} ----------------- j k—R/W,50'RADIUS 0nL&,. / P.B.5.PC.7&8,O:C.R J I W I. I I 'Q I Y, I I 29th STREET (A U.SEACH ORNE,P.O.S.PC.7) / . lop � ,.ol _:LOT 5_.... P.O C. LOT fi — � --------- P� AMENDED PLAT OF THE OC AN FRONT PROPERTY OF MIAMI.BEACH I PROVEEI4EN T COMPANY I P.B. 5, FGS.7& Si D.C.R. I---------------------------. --------- ------------r------ NOTES: i. The to t parcel Tea n tm lnWi.ftaos 26,T"N Fp 53 LEGEND: Fmik Rwo 42 Ea%City of WWW Bouk KnWado pe CENTRALANGLE Co mty.FSm& Am - ARC LEND*A 2.nbfsnotaBunreTofa pa[wSdiaod. O.C.R. - MIAMI-DARE COUNTY PUBLIC RECORDS 3 Reler b 7hnat 1 oft ror 481 dolodpun-and*&%I d LS - UCENSED BUSINESS colas. P.B. - PLAT BOOK P.C. - POINT OF CURVATURE . P.R.C. - POINT OF REVERSE CURVATURE P.T. - POINT OF TANGENCY PO. - PAGE P.O.B. - POINT OF BE3INNINO P.O.C. - POINT OF COMMENCEMENT HE - RADIUS PM . FUGHT CFVOAY EITER.-PEREZ & ASSOCIATES.INC R E V)s)0 N s LAND DEVELOPMENT CONSULTANTS CIVIL ENGINEERS-LAND'SURVEYORS LAND PLANNERS.-'ENVIRONMENTAL 620 N.W.165TH ST.RD.,.SUITH M.MIAA6,FLORIDA 9310, M AM'rWE(306)662.603 BROWARD(8341524-=,FAX.(305)SU4411 FO E L 89t{A) SHUT-2 OF 2 W�M wikfPo=UE=gWg M Nt 818f DAE 3.23-2012 JOB NO.a 121218 Attachment B. SKETCH LEGAL DESCRIPTION BUILDING EA SL'I�ENT .COLLIN-9 AVENUE _ _. _ ,x ET THts�s oiNa n .tO.a los IT rt /NDCm PU T OF 7 GE OCI IN M NT FROPERTI'OF AMD=FLAT THE O"FROIR.FAOFBM OF tv��1✓1WI B ENT H 2. PA 16 1 IL 1,411 L era 04 'a r HLtee.oca. W oil iR 1 - au $ a ocit u` � .015 wi1 gal Z 8 "" m loop =0 A, t01 Z. r An Q �. _2sur STR£ET 'p IMI `set Q !s 0®OOOt 3114 oil O � ur W 2e1h STRaET BLI C K B ' R 'mro eai Ii �m e 1001 LOCATION MAP 0 0 161 AL m �.� - SCALE:. ,-200, 1 IN SECTION 26, TOWNSHIP 53 S., RANGE 42. E, CITY OF AdlA141 BEACH, MIAMI--DADE COUNTY, FLORIDA Na AA 4 1.TEe sabjoq panel bs In hcdw2l Sedan 28.Toe=Vp 63 r+� SovIk Ranpa 42 Earl CRY d Mad 8each.tF.amtdlade 0 County,FtneUa Z Thltbnotatwveydanypacseldland. 3.:Ro%r to sheet 1 of 2 8s tags!dondptton,W 8dd1CwW trot. 25' LEGEND. 'Ae - ARC ARC O D.C.R. - MW&DADE COUNTY PUBLIC RECORDS y LB. - LICENSEDBUSaNESS W P.S. - PLAT BOOK P.C- - POINTOF.CURVATURE .P.RC- POINT OF REVERSE CURVATURE P.T. - POINT OF TANGENCY PG. - "PAGE. P.O•t3 POINT OFBEOB•WINB P.O.C• - POINT'OF COMMENCEMENT Ro - RADIUS RN -- RIGHT-OF-WAY N �, S�9JECT � ` EASEMENT «>Y OF Wm H �O via LEITER PEREZ.& ASSOCIATES,INC. R:E V1 S I O N S: LAND.DEVELOPMENT CONSULTANTS CIVIL.ENGINEERS-,LAND SURVEYORS LAND PLANNERS-.ENVIRONMENTAL . M N.W.186TH G T:RD,BUITE 209,'MIAMI,FLORIDA 73189 MIAN,I-0ADE{305)852.8133 BROWARO(954)524-27A2 FAX:(305)851-041 t VrBi STf9utivwla4 1EENSED81191tgsst4971 .DAM3-23-2012 03NNR:12.1238. FILEL-188t(A), S4E£7 2 OF 2 14HE THURSDAY,.AUGUST 23,2012 . NE- ... ..............._........._...........................:............_.._................_....._................................................_.. MIAMIBEACH CITY OF I�IAIVII-BEACH. - NOTICE OF PUBLIC-HEARING NOTICE IS HEREBY given that a public hearing will be held by the Cny Commission of the City of Miami Beach,in the Commission_Chambers, 3rd Floor,City Hall,1700 Convention Center Drive;Miami Beach,Florida,on Wednesday,September 12,2012 at 10:50 A.M,,.To Consider Granting A Revocable Permit To Seville Acquisition,LLC,As The Owner Of The Property Located At 2901 Collins Avenue,To Allow For Decorative Concrete Eyebrows To Extend 3 Feet Into And 35.45 Feet Along The Public Right-Of-Way On 29th Street And To Extend 3 Feet Into And 354.Feet Along The Public Right-Of-Way On 30th Street. Inquiries may be directed to the Public Works Department at(305)673 77080. INTERESTED PARTIES are invited to appear at this meeting,.or be represented by an agent,or to express their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,1st Floor,City Hall,Miami Beach,Florida.33139.Copies of this item are . available for public inspection during normal business hours in the City_Clerk's Office,1700 Convention Center Driv6j 1st Floor;City Hall,Miami Beach,Florida 33139.This meeting may be continued,and under:such circumstances additional legal notice will not be provided. : Rafael E.Granado,City Clerk City'of-Miami Beach Pursuant to Section 286.0105,Fla.Stat.,the C ity hereby advises the public that:if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting.or its hearing,-such person must ensure that a:verbatim.record of.�the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not-otherwise allowed by law. = . To request this material in accessible format,:sign language interpreters,information on accenfor persons wtth disabilities,and/or any accommodation to review any document or participate in any City-sponsored proceeding,prease contact us five days in advance at.. (305)673-7411(voice)or TTY users may also call the Florida Relay.Service at 711. - Ad#727 i i t i