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Ordinance 99-3216 ORDINANCE NO. 99-3216 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION 5937 COLLINS AVENUE (A/K/A THE BATH CLUB) FROM THE CURRENT ZONING DISTRICT CLASSIFICATION RM-1 RESIDENTIAL MULTI-FAMILY LOW INTENSITY, TO THE PROPOSED ZONING DISTRICT CATEGORY RM-2 RESIDENTIAL MULTI-FAMILY MEDIUM INTENSITY; AMENDING THE AFFECTED PORTION OF THE CITY'S OFFICIAL ZONING DISTRICT MAP TO CORRESPOND WITH THIS CHANGE AS ADOPTED BY THE CITY COMMISSION; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the applicant, 5937 Collins, Inc., has made application to the City of Miami Beach to rezone the property located at 5937 Collins Avenue(A/K/A the Bath Club); and WHEREAS, amending the zoning of the property listed below as provided herein is necessary to insure that development of that property will be compatible with development in adjacent and surrounding areas, and will contribute to the health and general welfare of the City; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENTS OF ZONING DISTRICTS AND MAP OF COMPREHENSIVE ZONING ORDINANCE. That the Mayor and City Commission hereby amend the Zoning Districts and Zoning District Map of City of Miami Beach referenced in Section 142-72 of the Code of the City of Miami Beach, Florida, by changing the zoning district classifications of the property at 5937 Collins Avenue (A/K/A the Bath Club) from the existing zoning district classification RM-1 Residential Multi- Family Low Intensity,to the proposed zoning district classification RM-2 Residential Multi-Family Medium Intensity. SECTION 2. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect on the 27th day of November , 199 9 . PASSED and ADOPTED this 17th day of November , 199 9 . ATTEST: MAYOR CITY CLERK F:\PLAN\$PLB\MAY\BATH 1393\1393.ORD 1st readomg 9/22/99 2nd reading 11117/99 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ed/ 'TM$orr tJ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:llci.m iami-beach.fl.us COMMISSION MEMORANDUM NO. 83-7-99 TO: Mayor Neisen O.Kasdin and DATE: November 17, 1999 Members of the City Comm'..ion FROM: Sergio Rodriguez4 4 City Manager SUBJECT: Bath Club -R oning Second Reading - An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending the Official Zoning District Map, Referenced in Section 142-72 of the Code of the City of Miami Beach,Florida, by Changing the Zoning District Classification 5937 Collins Avenue (A/K/A the Bath Club) from the Current Zoning District Classification RM-1 Residential Multi-Family Low Intensity, to the Proposed Zoning District Category RM-2 Residential Multi-Family Medium Intensity; Amending the Affected Portion of the City's Official Zoning District Map to Correspond with this Change as Adopted by the City Commission; Providing for Repealer, Severability and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission,upon second reading public hearing, adopt the proposed amending Ordinance. ANALYSIS The applicant, 5937 Collins,Inc.,has made application to the City of Miami Beach to rezone the property located at 5937 Collins Avenue, also known as the Bath Club property. The property is currently zoned RM-1 Residential Multi-Family Low Intensity,and the applicant has requested that the property be rezoned to the RM-2 Residential Multi-Family Medium Intensity zoning district classification. In addition to the rezoning request, the applicant has also applied for a change to the Land Development Regulations regarding the height limits for oceanfront properties in the RM- 2 zoning district; this related application is discussed under separate cover. The Bath Club was constructed in 1927 and has served as a private beach club since that time. The site contains approximately 5.28 acres, and currently consists primarily of low-rise buildings. In 1993,Bath Club,Inc.requested a change in zoning from the then existing RM-3 Residential Multi- Family High Intensity zoning district classification to the RM-1 Residential Multi Family Low Intensity zoning district classification. The change was requested in order to bring the zoning into conformity with the existing low intensity use of the property, and to reduce the property tax burden on the land owners. In early 1994,the City Commission approved the rezoning request. • AGENDA ITEM 5 V DATE )I - ' 7 _ 11 1 Commission Memorandum November 17, 1999 Bath Club -Rezoning Page 2 ANALYSIS (Continued) At the present time,the applicant is proposing to undertake the redevelopment of the Bath Club property into a luxury resort hotel. While the ultimate site plan and design scheme has not been finalized for the proposed project, the applicant anticipates that the development would have a maximum floor area ratio of 2.0 with some individual buildings of approximately 140 feet in height. The applicant has filed a companion application to amend the height restrictions for the RM-2 zoning district classification which would effectively allow a 140 foot height limit for the property. The Administration has expressed concerns regarding the retention of the historic Bath Club structures currently existing on the site. The potential that the proposed development may have in limiting public access to the beach is also a concern. On June 22, 1999,the Planning Board voted 5-2 to recommend that the Commission approve the proposed rezoning of the site, with the stipulation that the applicant first apply for and receive Historic Preservation designation of the subject site, and that the applicant should improve and dedicate a 15 foot wide landscaped pedestrian access easement running along the north edge of the property, for use as public beach access for the surrounding neighborhood. The applicant has subsequently applied for Historic Designation for the Bath Club site, and is scheduled to go before the Historic Preservation Board on September 9, 1999. If the Historic Preservation Board recommends favorably, the ordinance designating of the historic site would then go to the Planning Board for review and recommendation at its September 28, 1999 meeting. The ordinance would then be presented to the City Commission at its October 20, 1999 meeting, concurrently with the anticipated second reading of this rezoning ordinance. This scheduling is designed to ensure that any proposed rezoning of the subject site is undertaken in conjunction with the designation of the property as a historic site. At its September 22, 1999 meeting, the City Commission voted 5-1 to approve the proposed rezoning on first reading. In reviewing this request for an amendment to the land development regulations, the Planning Board considered the following: 1. Whether the proposed change is consistent and compatible with the comprehensive plan and any applicable neighborhood or redevelopment plans. Consistent- The amendment does not require an amendment to the Future Land Use Map of the Comprehensive Plan, as the property is designated RM-3 Residential Multi Family High Intensity on the adopted Future Land Use Map. Accordingly, the proposed change from RM-1 to RM-2 on the 2 Commission Memorandum November 17, 1999 Bath Club -Rezoning Page 3 ANALYSIS (Continued) Zoning Map creates a less intensive use than that which is contemplated in the Comprehensive Plan. The amendment is not contrary to any neighborhood or redevelopment plan. Regarding the 1997 charter amendment in regards to waterfront properties, requiring a referendum for the increase of zoned floor area ratio (FAR) above that which existed at the date of the charter amendment (June 4, 1997),the FAR for the RM-1 district as of that date was 2.0. Subsequently, the City reduced FAR for many zoning districts, including the RM-1 and RM-2 districts. Currently,the FAR for the RM-2 district is 2.0; therefore, this proposed rezoning does not increase the FAR over that which existed as of the date of the charter amendment,and consequently, does not require a referendum. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. Consistent - The property is currently an isolated district unrelated to adjacent or nearby districts. The subject property is zoned RM-1; as such, it stands alone as the only parcel zoned RM-1 in the area. The property is surrounded by areas which are zoned RM-2 (north and west of the property, including north of 63rd Street), RM-3 (south of the property) and CD-3 (directly to the north). The proposed amendment would reduce the isolated nature of the zoning. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the city. Consistent- The RM-2 zoning designation is compatible with neighboring properties. The land development regulations for the RM-2 district, even as proposed to be amended by the applicant, would be compatible with neighboring buildings in terms of height and would allow less intense development than the neighboring and adjacent properties. The maximum proposed FAR would be 2.0 versus the much larger existing FAR of the Maison Grande next door or the Maison Paco Rabanne across the street. 3 Commission Memorandum November 17, 1999 Bath Club -Rezoning Page 4 ANALYSIS (Continued) 4. Whether the proposed change would tax the existing load on public facilities and infrastructure. Partially Inconsistent- The proposed change will impact upon the circulation of vehicular traffic on the City's roadway network. According to the traffic study that has been submitted by the applicant, the redevelopment of this site,as proposed,will generate a total of 1,207 daily and 99 PM peak hour additional trips over and above that which would be allowed by developing the property to the maximum permitted by the RM-1 zoning district regulations. It should also be noted that any actual development on the site must first meet concurrency, or put forward plans for traffic mitigation that will allow the project to meet concurrency; this takes place at the Design Review Board stage. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Consistent- The existing designation of RM-1 is somewhat inconsistent with the RM-2 and RM-3 designations surrounding the subject property. The RM-2 designation of the subject property would be consistent with the designation of properties to its immediate west. 6. Whether changed or changing conditions make the passage of the proposed change necessary. Consistent- The subject property was downzoned from RM-3 to RM-1 when the site was used as a private club for property assessment and tax reasons. The property is now being proposed as a site for a luxury hotel. Accordingly, the change in use necessitates the proposed change in zoning and fits into the character of Miami Beach as an upscale tourist destination complete with luxury accommodations. Retention of the RM-1 designation would not provide sufficient density for a hotel development. 4 Commission Memorandum November 17, 1999 Bath Club-Rezoning Page 5 ANALYSIS (Continued) 7. Whether the proposed change will adversely influence living conditions in the neighborhood. Partially Consistent- The proposed amendment should not adversely influence living conditions in the neighborhood. However,the development of the subject property as proposed may limit public access to the beach. The Administration notes that the applicant has voluntarily offered to dedicate a 15 foot wide pedestrian access easement running along the north edge of the property, for use as public beach access. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the levels of service as set forth in the comprehensive plan or otherwise affect public safety. Partially Inconsistent- The proposed change may have impacts upon traffic circulation, which may exceed allowable levels of service (LOS). As stated above, the redevelopment of this site as proposed will generate a total of 1,207 daily and 99 PM peak hour additional trips over and above that which would be allowed by developing the property to the maximum permitted by the RM-1 zoning district regulations. It should be noted,again,that any actual development on the site must first meet concurrency, or put forward plans for traffic mitigation that will allow the project to meet concurrency; this takes place at the Design Review Board stage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Partially Consistent- The proposed change will not seriously reduce access to light and air. The development regulations for the RM-2 district will result in less intensive development than the surrounding RM-3 district permit. 5 Commission Memorandum November 17, 1999 Bath Club -Rezoning Page 6 ANALYSIS (Continued) 10. Whether the proposed change will adversely affect property values in the adjacent area. Consistent- The Administration is of the opinion that property values in the adjacent areas would not be negatively affected by the proposed amendment; if developed as a luxury property,it could further enhance surrounding values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Consistent- The proposed amendment will not deter development on adjacent sites. The proposed rezoning should not affect the ability for an adjacent property to be developed in accordance with said regulations. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Consistent - Development of the property into a residential multi family facility within the RM-1 zoning district regulations is unlikely. 13. Whether it is impossible to find other adequate sites in the city for the proposed use in a district already permitting such use. Consistent - The subject site is unique in being one of the last relatively undeveloped parcels in the Mid-Beach area; no other nearby site, either vacant or underdeveloped,would prove as desirable for the development of a luxury hotel. The Administration is concerned about the retention of the historic Bath Club structures, and that public access to the beach be preserved. Therefore,any approval of the proposed rezoning should be with an awareness of the following: 1) The applicant, as part of the development project associated with the proposed rezoning, has offered to improve and dedicate a 15 foot wide landscaped pedestrian access easement running along the north edge of the property, for use as public beach access for the surrounding neighborhood. 2) The applicant has provided a draft covenant which will ensure the retention and continued maintenance of the historic Bath Club structures until the final designation of the subject 6 Commission Memorandum November 17, 1999 Bath Club -Rezoning Page 7 ANALYSIS (Continued) property structures as a historic site. Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing, the proposed zoning map change, contingent upon the above stipulations, as it would permit the development of an appropriately scaled hotel development on the site, and bring the zoning of the site more into conformity with the RM-2 and RM-3 areas which surround the subject site. SR\ G\ G\RGL\rgl F:\PLAN\$ALL\CC MEMOS\1393CMM2 WPD 7 3053776222 BERCOJ & RADELL PA. 128 P01/03 DEC 22 '99 17:27 • BERCOW & RADELL , P . A . • FACSIMILE TRANSMITTAL SHEET TO: FROM: Robert Parcher Jeffrey Bercow i ( 012-0 COMPANY: DATE: City of Miami Beach December 22,1999 lc)—3 WL PAX NUMBER: TOTAL NO.OF PACES INCLUDING COVPK, 305-673-7254 3 PHONE NUMBER; SENDER'S REFERENCE NUMBER: 121 -'1 RE: YOUR REFERENCE NUMBER; ❑ URGENT ❑FOR REVIEW ❑ PLEASE COMMENT ❑PLEASE REPLY ❑PLEASE RECYCLE THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL NAMED ABOVE AND OTHERS WHO HAVE BEEN SPECIFICALLY AUTHORIZED TO RECEIVE SUCH. IF THE RECIPIENT IS NOT 7NE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR DUPLICATION OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,OR IF ANY PROBLEMS OCCUR WITH TRANSMISSION, PLEASE IMMEDIATELY NOTIFY US DY TELEPHONE(305)374-5300. NOT)S/COMMENTS: • Please see the attached. t '// /14,; \ vrr- i 069y- c:c.{ • 200 S. BISCAYNE BOULEVARD, SUITE 850 MIAMI, FL 33131 FAX (305) 377-6222 TELEPHONE (305) 374-5300 • • 3053776222 BERCOW & RADELL PA. 128 P02/83 DEC 22 '99 17:27 LAW OFFICES BERCOW & RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER,SUITE$5O JEFFREY BERCOW 200 SOUTH BISCAYNE BOULEVARD BEN.J.FERNANDEZ MIAMI,FLORIDA 33131 THCOPHILVs I.HARRIS DEBORAH L.MARTOHUE TELEPHONE(305)374-5300 MICHAEL E.RADELL FAX(S05)377-6222 JANA K.MCDONALD OF COUNSEL VIA TELECOPIER AND U.S. MAIL December 22, 1999 Gary Held, Esq. City Attorney's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Bath Club—5937 Collins Avenue Declaration of Restrictions Dear Gary: This law firm represents 5937 Collins Avenue, Inc., the contract purchaser of the Bath Club property located at 5937 Collins Avenue, Miami Beach, Florida. This letter responds to your December 8, 1999 correspondence in which you forwarded a revised covenant reflecting proposed changes to the Declaration of Restrictions proffered at the November 17, 1999 City of Miami Beach Commission meeting. As to the proposed changes to paragraphs 1. 4, and 10, we have no objections to your proposed language. However, the proposed revision to paragraph 3, which addresses the dedication of the public easement for beach access, is not acceptable. The proposed language is inconsistent with representations we made to the City Commission at the November 17 hearing. The size of the public access easement and location of easement cannot be determined prior to site plan approval by the Joint Design Review/Historic Preservation Board. Additionally, we proposed to record the actual easement document after all appeal periods have expired, and prior to the issuance of a building permit. Furthermore, the easement agreement will need to provide, inter atia, that it does not become effective until redevelopment and construction has been completed. The language that you have proposed does not provide adequate protection to the property owner, Bath Club Inc., or 5937 Collins, Inc. Accordingly, we believe the following language should be reinserted into the Declaration of Restrictions paragraph 3: Owner will dedicate a pedestrian access easement along the North boundary of the Property, not to exceed 15 feet in width, for use as public beach access. The easement 3053776222 BERCOLI & RADELL PR. 128 P03/03 DEC 22 '99 17:28 Gary Held, Esq. December 22, 1999 Page 2 instrument will be recorded prior to the issuance of a building permit for redevelopment of the Property, will provide that it does not become effective until construction has been completed, and may provide for prohibition of access during construction. Such easement shall be limited in a manner that is necessary and appropriate to insure the security and safety of the future occupants of the Property as well as the security of the easement users, subject to reasonable review and approval by City staff. We believe that the above-cited language still protects the City's interest in assuring that public access to the beach is provided through the site. This language assures that the Joint Board will not approve a redevelopment plan for the Bath Club property without also reviewing and approving the required easement instrument;this language would also prohibit the issuance of a building permit until the easement instrument is recorded. If you have any questions, please do not hesitate to contact me at 305-377-6220, e JB/cg Cc: Mr. R. Donahue Peebles Ms. Veronica Caminos Mr. Richard Matlof Ty Harris, Esq. Mr. Robert Percher Bob Smith, Esq. Laurie Ann Thompson, Esq. BERCow & RADELL PROFESSIONAL ASSOCIATION cM- FtIe zRiti '7, /999 LAW OFFICES O'Y/ 9!'32/ 6 BERCOW & RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER,SUITE 850 JEFFREY BERCOW 200 SOUTH BISCAYNE BOULEVARD BEN J.FERNANDEZ MIAMI,FLORIDA 33131 THEOPHILUS I. HARRIS DEBORAH L.MARTOHUE TELEPHONE(305) 374-5300 MICHAEL E.RADELL FAX(305) 377-6222 JANA K.McDONALD OF COUNSEL VIA TELECOPIER AND U.S. MAIL December 22, 1999 Gary Held, Esq. r' City Attorney's Office City of Miami Beach -- 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Bath Club— 5937 Collins Avenue U.! ' CD 161 Declaration of Restrictions c) w Dear Gary: This law firm represents 5937 Collins Avenue, Inc., the contract purchaser of the Bath Club property located at 5937 Collins Avenue, Miami Beach, Florida. This letter responds to your December 8, 1999 correspondence in which you forwarded a revised covenant reflecting proposed changes to the Declaration of Restrictions proffered at the November 17, 1999 City of Miami Beach Commission meeting. As to the proposed changes to paragraphs 1, 4, and 10, we have no objections to your proposed language. However, the proposed revision to paragraph 3, which addresses the dedication of the public easement for beach access, is not acceptable. The proposed language is inconsistent with representations we made to the City Commission at the November 17 hearing. The size of the public access easement and location of easement cannot be determined prior to site plan approval by the Joint Design Review/Historic Preservation Board. Additionally, we proposed to record the actual easement document after all appeal periods have expired, and prior to the issuance of a building permit. Furthermore, the easement agreement will need to provide, inter alia, that it does not become effective until redevelopment and construction has been completed. The language that you have proposed does not provide adequate protection to the property owner, Bath Club Inc., or 5937 Collins, Inc. Accordingly, we believe the following language should be reinserted into the Declaration of Restrictions paragraph 3: Owner will dedicate a pedestrian access easement along the North boundary of the Property, not to exceed 15 feet in width, for use as public beach access. The easement Gary Held, Esq. December 22, 1999 Page 2 instrument will be recorded prior to the issuance of a building permit for redevelopment of the Property, will provide that it does not become effective until construction has been completed, and may provide for prohibition of access during construction. Such easement shall be limited in a manner that is necessary and appropriate to insure the security and safety of the future occupants of the Property as well as the security of the easement users, subject to reasonable review and approval by City staff. We believe that the above-cited language still protects the City's interest in assuring that public access to the beach is provided through the site. This language assures that the Joint Board will not approve a redevelopment plan for the Bath Club property without also reviewing and approving the required easement instrument; this language would also prohibit the issuance of a building permit until the easement instrument is recorded. If you have any questions, please do not hesitate to contact me at 305-377-6220. del/ iir�: :: cow II JB/cg Cc: Mr. R. Donahue Peebles Ms. Veronica Caminos Mr. Richard Matlof Ty Harris, Esq. Mr. Robert Parcher Bob Smith, Esq. Laurie Ann Thompson, Esq. BERCOW & RADELL PROFESSIONAL ASSOCIATION f C M —Nouom61.70, 170 = 1k" )4 Q 94-3z/ CITY OF MIAMI BEACH Office of the City Attorney Y Interoffice Memorandum To: Lawrence A. Levy Date: Decemb '2399 City Manager• ? From: Gary M. Held m First Asst. City A 40 y Subject: Bath Club - 5937 Collins Ave.; Declaration of Restrictions Following the Commission hearings on the Bath Club, and a review by this office of the applicant's proposed Declaration of Restrictions,this office submitted a revised covenant to Mr. Jeffrey Bercow for his consideration. Mr. Bercow responded by letter dated December 22, 1999 (copy attached)proposing the Declaration provide for an easement"not to exceed 15 feet," in a separate document to be recorded prior to building permit, effective upon completion of construction, and subject to limitation"in a manner that is necessary and appropriate to insure the security and safety of the future occupants of the Property as well as the security of the easement users, subject to reasonable review and approval by City staff." We would appreciate the Administration's assistance in: (1)confirming our belief that the easement proffered at the Commission hearing was for at least 15 feet, not less; and (2) ascertaining what security and safety limitation measures might be appropriate, and what language in the Declaration of Restrictions the Administration might accept to provide for such security and safety limitations without unduly restricting public.ar,'cess? Thank you. cc: Murray H. Dubbin Jorge Gomez Lobert Parcher 3053776222 BERCOW & RRDELL PA. 128 P02/93 DEC 22 '99 17:27 LAW OFFICES BERCOW & RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER,SUITE$SO JEFFREY BERCOW 200 SOUTH BISCAYNE BOULEVARD BEN J.FERNANDEZ MIAMI,FLORIDA 33131 THEOPHILVE I.HARRIS DEBORAH L MARTOHUE TELEPHONE(305)374-5300 MICHAEL E.RADELL FAX(305)377-6222 JANA K McDONALD OF COUNSEL VIA TELECOPIER AND U.S. MAIL December 22. 1999 Crary Held, Esq. City Attorney's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Bath Club—5937 Collins Avenue Declaration of Restrictions Dear Gary: This law firm represents 5937 Collins Avenue, Inc., the contract purchaser of the Bath Club property located at 5937 Collins Avenue, Miami Beach, Florida. This letter responds to your December 8, 1999 correspondence in which you forwarded a revised covenant reflecting proposed changes to the Declaration of Restrictions proffered at the November 17, 1999 City of Miami Beach Commission meeting. As to the proposed changes to paragraphs 1, 4, and 10, we have no objections to your proposed language. However, the proposed revision to paragraph 3, which addresses the dedication of the public easement for beach access, is not acceptable. The proposed language is inconsistent with representations we made to the City Commission at the November 17 hearing. The size of the public access easement and location of easement cannot be determined prior to site plan approval by the Joint Design Review/Historic Preservation Board. Additionally, we proposed to record the actual easement document after all appeal periods have expired, and prior to the issuance of a building permit. Furthermore, the easement agreement will need fo provide, inter alfa, that does not become effective until redevelopment and construction has been completed. The language that you have proposed does not provide adequate protection to the property owner, Bath Club Inc., or 5937 Collins, Inc. Accordingly, we believe the following language should be reinserted into the Declaration of Restrictions paragraph 3: Owner will dedicate a pedestrian access easement along the North boundary of the Property, not to exceed 15 feet in width, for use as public beach access. The easement 3053776222 BERCIIJ & RADELL PA. 128 P03/03 DEC 22 '99 17:28 Gary Held, Esq. December 22, 1999 Page 2 instrument will be recorded prior to the issuance of a building permit for redevelopment of the Property, will provide that it does not become effective until construction has been completed, and may provide for prohibition of access during construction. Such easement shall be limited in a manner that Is necessary and appropriate to insure the security and safety of the future occupants of the Property as well as the security of the easement users, subject to reasonable review and approval by City staff. We believe that the above-cited language still protects the City's inlefest in assuring that public access to the beach is provided through the site. This language assures that the Joint Board will not approve a redevelopment plan for the Bath Club property without also reviewing and approving the required easement instrument;this language would also prohibit the issuance of a building permit until the easement instrument is recorded. If you have any questions, 'lease do not hesitate to contact me at 305-377-6220. //1 co JB/cg Cc: Mr. R. Donahue Peebles Ms,Veronica Caminos Mr. Richard Matlof Ty Harris, Esq. Mr. Robert Percher Bob Smith, Esq. Laurie Ann Thompson, Esq. 4 • BERCOW & RADELL PROFESSIONAL ASSOCIATION 1 M 'V • ct° c g y cr e, U '• c • 0 au • W . U •� w CA (TS o .CD ' VU C.) w