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
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�-/� 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
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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
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PG. DENOTES PAGE
P.O.C. DENOTES POINT OF COMMENCEMENT I v, v Q I ~
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P.O.B. DENOTES POINT OF BEGINNING I O
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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