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C7F-Set Public Hearing Grant Revocable Permit For Property Located At 1916 Bay RCondensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing On May 9, 2012, City Commission Meeting, To Consider Granting A Revocable Permit To Bay Road Outparcel Partners, LLC, And Bay Road Partners 1930 LLC, As Owner Of The Property Located At 1916 Bay Road, To Allow A Decorative Metal "Eyebrow" To Extend 4 Feet Into And 48 Feet Along The Public RiQht-Of-Way A Minimum Of 11.5 Feet Above The Sidewalk. Ke Intended Outcome Su orted: Maintain Miami Beach public areas and Right-of-Ways Cit ide Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: l Shall the Mayor and the City Commission approve the Resolution? Item Summary/Recommendation: On August 2, 2011, the Design Review Board granted approval of the same Bay Road Partners LLC and Bay Road Partners 1930 LLC. The 4-foot by 48-foot decorative metal "eyebrow" was viewed as an integral component of the design, approved during the site plan review process. The "eyebrow" was designed as architectural and functional feature at above ground elevations. The Administration's analysis above shows that all seven (7) of the criteria established under Section 82-94 of the City of Miami Beach Code of Ordinances are satisfied. This application is supported by the fact that the decorative metal "eyebrow" is part of the design that was approved by the Design Review Board. The Board considered the "eyebrow" to be part of the best design solution for this project. Additionally, the metal "eyebrow" provides a public benefit in shading pedestrians and protecting them from rain. The Administration recommends that the City Commission adopt the attached resolution to schedule a public hearing to consider approving the revocable permit. THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION. Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin n-Offs: Department Direct MIAMI BEACH Account 161 Approved City Manager JMG AGENDA ITEM --,-t_7~F __ DATE lf-/{-j 2 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov MEMO# TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ...-_ / April 11, 2012 Q 7J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON MAY 9, 2012, CITY COMMISSION MEETING, TO CONSIDER GRANTING A REVOCABLE PERMIT TO BAY ROAD OUTPARCEL PARTNERS, LLC, AND BAY ROAD PARTNERS 1930 LLC, AS OWNER OF THE PROPERTY LOCATED AT 1916 BAY ROAD, TO ALLOW A DECORATIVE METAL "EYEBROW" TO EXTEND 4 FEET INTO AND 48 FEET ALONG THE PUBLIC RIGHT-OF-WAY A MINIMUM OF 11.5 FEET ABOVE THE SIDEWALK. ADMINISTRATION RECOMMENDATION Adopt the resolution to set a public hearing to consider approving one (1) architectural element (decorative metal eyebrow) that project aerially over and into the public right-of-way (ROW). BACKGROUND On August 2, 2011, the Design Review Board granted approval of the same Bay Road Partners LLC and Bay Road Partners 1930 LLC. The 4-foot by 48-foot metal eyebrow was viewed as an integral component of the design approved during the site plan review process. An aerial view showing the location of the 1916-1930 Bay Road properties is provided (Attachment 1). The decorative metal eyebrow was designed as architectural and functional feature at above ground elevations (Attachment 2). Bay Road Partners LLC and Bay Road Partners 1930 LLC has requested a revocable permit from the City for the construction of one (1) decorative metal eyebrow (Attachment 3). As part of the request, the Partnership submitted an Application for Revocable Permit (Attachment 4). ANALYSIS Pursuant to the criteria established under Section 82-94 of the City of Miami Beach Code of Ordinances 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. The building and decorative metal eyebrow was designed in accordance with the requirements stated by the Design Review Board. The metal eyebrow extends over and into the public ROW to aesthetically capture a unique building fa9ade. 162 City Commission Memorandum -1916 Bay Road Revocable Permit Apri/11, 2012 Page 2 of3 2) That the Applicant holds title to an abutting property. Satisfied. The Applicant is the Fee Simple Owner of the property located at 1916 Bay Road; the property is adjacent to Bay Road (Attachment 5). 3) That the proposed improvements comply with Applicable codes, ordinances, regulations, and neighborhood plans and laws. Satisfied. The Applicant has complied with all the regulatory requirements for design criteria to include satisfying the building set back requirements; however with a zero set back requirement located on Bay Road that caused the decorative metal eyebrow as designed to project over and into the public ROW. 4) That the grant of such application will have no adverse effect on government/utility easements and uses of the property. Satisfied. The architectural encroachments as designed, located on Bay Road that project over and extend into the public ROW, does not create a conflict with existing government utilities and/or easements. 5) Alternatively: a. That an unnecessary hardship exits 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, structures or building. Satisfied. The encroachments as designed were created; and even though the encroachment satisfies some regulatory requirements, in addition to creating a unique fac;ade, the applicant has created a hardship by design as result of the extended metal eyebrow projecting over and into the public ROW. 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 consists of the use of public airspace over and into the public ROW as a result of the construction of the metal eyebrow over the sidewalk, which may be considered a neighborhood-enhancing amenity, since the decorative metal eyebrow provides pedestrians and bicyclists with shade and protection from rain. 6) That granting the revocable permit requested will not confer on the applicant any special privilege that is denied to other owners of land, structures or building subjected to similar conditions. Satisfied. Granting this permit will not provide special privileges to the applicant; any other property owner may also apply for a Revocable Permit for metal eyebrow provided they meet the applicable criteria, do not interfere with the safe utilization of any public ROW, and provide a 163 City Commission Memorandum-1916 Bay Road Revocable Permit Apri/11, 2012 Page3 of3 neighborhood amenity such as pedestrian shade. 7) That granting the revocable permit will be in harmony with the general intent and purpose of Article Ill 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 granting of this revocable permit for the decorative metal eyebrow that project over and into the public ROW has not demonstrated any evidence of affecting surrounding properties, nor devalues any adjacent properties or causes the neighborhood to be less aesthetically out of harmony with the surrounding properties, with no detrimental effect to the public welfare. CONCLUSION The Administration's analysis above shows that all seven (7) of the criteria established under Section 82-94 of the City of Miami Beach Code of Ordinances are satisfied. This application is supported by the fact that the decorative metal eyebrow is part of the design that was approved by the Design Review Board. The Board considered the decorative metal eyebrow to be part of the best design solution for this project. Additionally, the metal eyebrow provides a public benefit in shading pedestrians and protecting them from rain. The Administration recommends that the City Commission adopt the attached resolution to schedule a public hearing to consider approving the revocable permit. Attachments: 1. Aerial Photo 2. West Elevation I Architectural Site Plan 3. Request for Revocable Permit Letter 4. Revocable Permit Application 5. Opinion of Title JMG/DRB/FHB~w T:\AGENDA\2012\4-11-12\1916 Bay Road-Revocable Permit memo-criteria.doc 164 Attachment 1 165 N +-' c Q) E .c 0 ro ~ - 1-•·.• I ' ' ' " ii ":: II : ~ " " " :~:: ' " ' " I····· I : ,\: " " ~:: " t ~~i r--l.-- ~i ~f; " L j~ ;--;r;·-- 1 I! 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L::-.:::::_ ______ --' II -------=----·-=, J I I \ ~L __ ~ ~~~ ------------------------------ffi--t-FLOOR PLAN ----------~N ~1 SCALE:1/4"=1'·0" ARCHITECTURE Archltect~~6:1~~ a Point Clorlo$J,8•~ .... R.A. IIR\15114 Alojol>llroSanlom.,lo,RA l'lll9l(IJS Vertex Architecture Inc. 10250SW5(i1hSimel SullaC.\01 ~jg~~;= ~4~:Fcti~~ -----( ) "~ ""\.""==='='='"""I::''"' .......,.,~:JEf ........ Facade Renovation for BAY ROAD Miami Beach 1916 Bay Road Mlam1Baach,Florlda33139 Ownar: ScollRoblnsCompanlas 2305\hS\CoGI Miami Buch, Florlda 33139 {305}674-0600 Preliminary Consullanl: REVISIONS FLOOR PLAN I SCHEDULES I NOTES O.O.tt \0,\4.2011 CAA'Ifl'l llY __ O.H. ntvltWttl!lY __ t;:!&, A-2 1140 scott robins companies February 16, 2012 City of Miami Beach Public Works 1 700 Convention Center Drive Miami Beach, Florida 33139 Attention: Demar Woodson, Right of Way Manager Subject: Revocable Permit for 1916 Bay Road Eyebrow Dear Mr. Woodson, Attachment 3 As Owner of the 1916 Bay Road property we received Design Review Board approval for a new fayade . that includes an eyebrow. (DRB Order# 22860) Since the existing building is flush with the City of Miami Beach property, this eyebrow will extend over the pub lie property by 3 '-0" The sidewalk will exceed 5 '. The request for this revocable permit is a direct result of existing conditions and is not self-created. The eyebrow will enhance the design and the neighborhood, provide pedestrians with sun/rain protection and add lighting to area for safety. We are requesting a granting of this application which is the minimum that will allow reasonable use of the land. We are requesting this revocable permit for an eyebrow 3 '-0" x 48 '-0" x 4" over the sidewalk on 1916 Bay Rd. The bottom of the canopy is 11 '-6" from the top of the sidewalk to the bottom of the eyebrow. Sincerely, Attachment 4 CITY OF MIAMI BEAGH APPUCA TfiON FOR REVOCABLE PERMIT FILE NO:-------- DA"fE: -------- .. 2. APPLICANT'S ADDRESS: .:2:30 S//7' s;; /Jtl/f@/ t3_e~ F£:" 35/s-;9 3. APPLICANT'S BUSINESS TELEPHONE: :J?Js-? 7o/', c1«:f~C? ________ _ RESIDENCE TELEPHONE:--------------------- 4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROP:::RTY: /9/C:::, BfJy _,eo .. 6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST? YES ____ NO >( IF SO, WHEN; _____ _ --· -·--- FILE NO. OF PREVIOUS REQUEST:--------------- I' IWOJUCISALLIOFORMSIItEVOCfii.M 99 170 B. DOES THE REQUEST INVOLVE THE PLACEMENT OF OBJECTB OR STRUCTURES ON THE SUBJECT PROPERTY? YES NO _x_._ lF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES: 9. NAME oF coNTRAcToR: PfJ.J cm!s77Joo/m/Y 02J(!/?r BUSINESS TELEPHONE: :JC!£:389-a~-.$ SEE THE A TI ACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS APPLICATION ( SECTION 82-92, ITEMS 1 THROUGH 9). NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPI::RTY UNTIL A REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED. IT IS THE RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR TO OBTAIN THE REQUIRED PERMITS AND INSPECTfONS FOR ALL WORK ON THE mUBJECT CITY PROPERTY. --At:L"WORK1VItiSICOMPL-'f-wiTffTAE»PUCA--st:E-CODES XNITOROJKANCES. ALL. DATA SUSMJTTED IN CONNECTiON WITH THIS APPLICATION BECOMES A PERMANENT PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT OF THE CITY • . " 171 FiLE NO. THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADORE :SS:Jfj/..~_/l1_L/!, (}_(f.$ ----------------------------------------------------------------· ·-------, MIAMI BEACH I FL. .:3'3 I :39' lb!.S.m~JC.Ilam.:. COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT, AS APPUCABU:, ALSO, IF YOU ARE GIVING POWER OF ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS REQUEST, OOMPI..ETE THE LAST AFFIDAVIT. OWNER AEEIDAVII I, .S'ccz/'/ fL l2cJ/l;d6 , being first duly sworn. depose and say that I am the owner of the property described herein and which is the subjec:l matter of the proposed • • ; ens to the· questions in this application and all supplemen1al data attached to and made a part of n true to the best of my knowledge and belief. Sworn to and subscr~to before me this {(, day of :1r .;e.12:::.. CQBPORATION AFFIDAVIT l, • being dulr sworn, depose and say that we are the PresidentiVice President, and Secretary/Ass't. Secretary of !he aforesaid corporation. and as such, have been authorized by the corporation to file this application for public hearing; that all answers to the questions in said application and all supplemental data attached to and made a part of this application are honest and true to !he best of our knowledge and belief; that said corporation is the owner of the property described herein and which is the subject matter of the proposed hearing. PRESIDENT'S SIGNJ\TURE (CORP. SEAL) ATTEST: ___ _ """'s=Ec"""'R""E=r=-=A-=R"""Y=·s,....,s=ta=N=-=-A"=""T""""URE Swom to and subscribed to before me this day of , 19 __ . NOTARY PUBLIC --~----------------------------------16ommitrsion~expir . ------- * ** $!:••••• ,_. lt'W to •• 1tft' ...... \tl *•'**'"'• ..... ***'P'~t't'A'"&it. * tr~·····fl#.!l''i'ft'ltW9•*•••••-:11*'***'*•········ ** ............... ,. ..... t ..... ,. ............. ill 'til ............................... .,_, QWNERIPOWEB OE AITORMEY AFEIDAVII l, , being duly sworn, depose and say that I am owner of the described real property and that l am aware fo the nature and effect of the request for ti"Jis revocable pennit. relative to my property, which is hereby made by me or I am hereby authoriz~d ------------------- to be my legal representative before the City Commission. . " Sworn to and subscribed to before me this day of • 19 __ • NOTAJ!~y PUBLIC Commiuslon Expires: ______ _ f .\WOR.KISI\.UIDFOllMS\IIF.VOCfltM '19 172 Attachment 5 CHARLES RATNER, P .A. February 21, 2012 VIAFEDEX LA Glickman Scott Robins Companies 230 5th Street Miami Beach, FL 33139 Re: Tremount Opinion of Title Ms. Glickman, Enclosed please find the following items: 1. Opinion of Title 2. Invoice billed to Bay Road Outparcel Partners, LLC Please send all documents and/or checks to my Miami office located at 777 Brickell Avenue, Suite 1200, Miami, FL 33131. If you have any questions, please contact me. ----------------Sincerely·-,-------------------- Charles H. Ratner TRACKING # 7932 5924 3859 2 1 4 BRAZILIAN A VENUE e SUITE 200 e PALM BEACH e FL e 33480 T 305.520.9120 • C/TXT 305.527.8802 • F 305.437.81 46 CHARLESRATNER@CRATNERLA W .COM COOL.REAL.ESTATE.LINKS: mw .DELICIOUS.COM/RATNER OPINION OF TITLE (1916 Bay Road, Miami Beach, Fl 33139) FOliO: 02-3233-012-0360 To: City or Miami Beach With the understanding that this Opinion of Title is furnished exclusively to the City of Miami Beach, as inducement for acceptance of a Declaration of Use/Unity of Title/Declaration of Restrictions/Development Agreement or as an inducement for acceptance of a subdivision plat or tentative plat, covering, covering the real property, or other land use approval, hereinafter described, it is hereby certified that I have examined Chicago Title Insurance Company's Owner's Title Insurance Policy #FL-300902287 (the "Title Policy") with an effective date ("Original Effective Date") of April 2, 2009 @ 1:37 P.M. together with (i) a computer update entitled "Ownership and Encumbrance Report " (the "O&E Update") issued by First American Title Insurance Company, File 1062- 2689402, (The O&E Update is a search limited to the Official Records Books as defined in Sections 28.001 (1) and 28.222, Florida Statute) from the Original Effective Date through February 6, 2012 at 8:00a.m. (the "Effective Date"), of the following described property: The East 1/2 of lot 3, and the North 4 feet of the East 1/2 of lot 2, Block 14-A, Island View Addition, according to the plat thereof, as recorded in Plat Book 9, at page 144 of the Public Records of Miami-Dade County, Florida. Based solely on the foregoing Title Policy and the O&E Update, I am of the opinion that on the last mentioned Effective Date, the fee simple title to the above-described real property was vested in: Bay Road Outparcel Partners, UC, a Florida limited liability company, by virtue of Special -----~~--War:r:anty-Deed-r:ecor:ded-in-B-ook-268J3-,-page-4~Z2S,_P-ubl.i~c-Records_oLM.i.am.i::Dade. ___ _ County, Florida. Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1 . RECORDED MORTGAGES: a. Leasehold Mortgage and Security Agreement recorded in Official Records Book 26171, Page 3932 Public Records of Miami-Dade County, Florida. b. Collateral Assignment of Leases, Rents and Licenses recorded in Official Records Book 26171, Page 3963 Pub I ic Records of Miami-Dade County, Florida. c. UCC-Financing Statement recorded in Official Records Book 26171 Page 3970 Public Records of Miami-Dade County, Florida. Opinion of Title for Miami Beach. doc 2/22/12 174 Opinion of Title Page 2 d. Mortgage and Security Agreement recorded in Official Records Book 26171 Page 4578 Public Records of Miami-Dade County, Florida. e. Collateral Assignment of Leases, Rents and Licenses recorded in Official Records Book 26171 4604 Public Records of Miami-Dade County, Florida. f. UCC-Financing Statement recorded in Official Records Book 26171 Page 4612 Public Records of Miami-Dade County, Florida. g. Cross-Default and Cross-Collateralization Agreement recorded in Official Records Book 27741 Page 1954 Public Records of Miami-Dade County, Florida. h. Subordination, Non-Disturbance and Attornment Agreement recorded in Official Records Book 27796 Page 4421 Public Records of Miami-Dade County, Florida. 1. Modification of Mortgage, Collateral Assignment of Leases, Rents and Licences, UCC-1 Financing Statement and Mortgage Spreader Agreement recorded in Official Records Book 27461 Page, 3824, Public Records of Miami-Dade County, Florida. j. Modification of Mortgage, Collateral Assignment of Leases, Rents and Licences, UCC-1 Financing Statement and Mortgage Spreader Agreement recorded in Official Records Book 2 7 461 Page, 3831, Pub I ic Records of Miami-Dade County, Florida. k. Second Modification of Mortgage, Collateral Assignment of Leases, Rents and Licences, UCC-1 Financing Statement recorded in Official Records Book 277 41 Page, 1940, Public Records of Miami-Dade County, Florida. I. Modification of Mortgage, Collateral Assignment of Leases, Rents and Licences, UCC-1 Financing Statement recorded in Official Records Book 27741 Page, 1947, Public Records of Miami-Dade County, Florida. 2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS: (Dade County Property Records only searched) a. Notice of Commencement recorded in Official Records Book 27888 Page 3110, Public Records of Miami-Dade County, Florida. 3. GENERAL EXCEPTIONS: a. Rights or claims of parties in possession not shown by the public records. b. Easements, or claims of easements, not shown by the public records. (f:\forms\Opinion of Title for Miami Beach.doc (2/22/12)) 2 175 Opinion of Title Page 3 c.Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the Property. d.Any lien, or right to a lien, for service, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. e. Taxes or special assessments which are not shown as existing liens by the public records. f.Any claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. g.Taxes and assessments for the year 2012 and subsequent years, which are not yet due and payable. h.defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereto. i.Zoning and other restrictions imposed by governmental authority. j. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid charges for services by any water, sewer or gas system supplying the Property. k. Liens and assessments pursuant to Chapter 84-10 of the Miami-Dade County Code 4. SPECIAL EXCEPTIONS: a. Matters set forth on the plat of ISLAND VIEW ADDITION, as recorded in Plat Book 9, Page 144, Public Records of Miami-Dade County, Florida b. Order of the City of Miami Beach Design Review Board recorded in Official Records Book 26626, Page 2828, Public Records of Miami-Dade County, Florida . c. Lot Split Fmaluruer recoraealnufficiarRecorasBooi<T6F6-9~Page 2irg-8, Public Records of Miami-Dade County, Florida . d. Conditional Use Permit recorded in Official Records Book 26669, Page 2501, Public Records of Miami-Dade County, Florida. e. Order recorded in Official Records Book 27820 Page 521, Public Records of Miami-Dade County, Florida . I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions. Therefore, it is my opinion that based solely on the foregoing Title Policy, the ESP, the First Update, and the Second Update, the following party(ies) must join in the [f:\forms\Opinion of Title for Miami Beach.doc (2/22/12)] 3 176 Opinion of Title Page 4 applicable agreement in order to make the agreement a valid and binding covenant on the lands described herein. Name Bay Road Outparcel Partners, LLC City National Bank of Florida Interest Fee Owner Mortgagee Special Exception Number n/a All Listed Mortgage Docs in Section 1 above I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable agreement. I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this 22nd day of February, 2012. L=---=""'~ -ame: Charles H. Ratner, Charles Ratner, P.A. Florida Bar No. 0017116 Address: 777 Brickell Avenue Suite 1200 Miami, FL 33131 STATE OF FlORIDA -----~-----GOU~~-Y-OF-MIAMI-DADEc------------------------­ The foregoing instrument was acknowledged before me this 22nd day of February, 2012, by Charles H. Ratner, President of Charles Ratner, P.,A., a Florida professional association, who is personally known to me. My Commission Expires: lf:\forms\Opinion of Title for Miami Beach.doc (2/22/12)] 4 177 Print Name THIS PAGE INTENTIONALLY LEFT BLANK 178