R7B-Grant Revocable Permit To CG Tides 1220 Ocean Drive etcCondensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, 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.
Ke Intended Outcome Su orted:
Maintain Miami Beach public areas and Right-of-Ways Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the Mayor and the City Commission approve the Resolution?
Item SummC!!Y/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 (Properties).
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 Mol bar 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 April10, 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.
The Administration recommends not taking action and referring the matter to the land Use
Committee and the Finance and Citywide Projects Committee for discussion.
Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
D 2
3
4
OBPI Total .
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Si n-Offs:
Department Director
FHB
T:\AGENDA\2012\6-6-12\1220 Ocean Drive-SUMMARY.docx
MIAMI BEACH 397
Account Approved
AGENDA ITEM _,!,~_1_8.;;___
DATE frb-1 '2.-
ttl 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 City Commission
FROM:
DATE:
SUBJECT:
Jorge M. Gonzalez, City Manager \\!>"'"'Z5
June 6, 2012 0 PUBLIC HEARING
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, 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
The Administration recommends not taking action and referring the matter to the Land Use
Committee and the Finance and Citywide Projects Committee for discussion. Policy direction
should be provided on the precedent created by this and other similar requests to use the air-
rights over public property. If granted, the mechanism of approval should be discussed as a
revocable permit may not be the best instrument for these types of requests. Finally, the
Commission should determine what compensation, if any, the City should receive in
consideration for this type of easement.
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.
398
City Commission Memorandum-1220 Ocean Drive Revocable Permit
June 6, 2012
Page 2 of4
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
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.
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.
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.
399
City Commission Memorandum-1220 Ocean Drive Revocable Permit
June 6, 2012
Page 3 of4
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 (9'1 ") 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 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 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 an 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
400
City Commission Memorandum-1220 Ocean Drive Revocable Permit
June 6, 2012
Page 4of4
and purpose of the City Code, and will not be injurious to the area involved or otherwise
detrimental to the public welfare. The permit will provide the applicant with a reasonable use of
the property.
CONCLUSION
The Administration recommends not taking action and referring the matter to the Land Use Committee
and the Finance and Citywide Projects Committee for discussion.
Attachments:
A-Rendering of proposed bridge
B -Sketch and Legal description of the encroachment
JMG/JGG/FHB/JJF/RWS/DW
T:\AGENDA\2012\6-6-12\1220 Ocean Drive-MEMO.docx
401
Attachment-A
Attachment A
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 1 7, 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 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.
THIS 15 NOT A " BOUNDARY 5URV£Y"
C£RnFJCATE OF AlffHORIZATION No. LB-87
MARK STEVEN JOHNSON, S£C'Y. & TREAS.
FLORIDA PROFESSIONAL LAND SURVf.YOR No. 4775
403
Attachment B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TIDES BRIDGE CONNECTION
I
LOT 12
LEGEND:
TIDES BRIDGE CONNECTION
FROM £LEV. 22.75' TO
£LEv. 33.25' N.G. V.D. 1929
{181.6 sq.ft)
LOT 5 C'.J'
- -f: -· DENOTES CENTER LINE
--R/1+'--DENOTES RIGHT OF WAY LINE
P.B.
PG.
P.O. C.
P.O. B.
DENOTES PLAT BOOK
DENOTES PAGE
DENOTES POINT OF COMMENCEMEN
DENOTES POINT OF BEGINNING
12th STREET
-vf--
SCALE 1 "=20' SHEET 1 OF" 2 SHEETS
Sahw-Ebk.e-c::::::S) i~kin. 5 d~~oaia.f.e~.? _t7'"n.a. REVISIONS
lAND SURVEYORS-ENGINEERS-LAND PLANNERS 3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 AX No. (954)438-3288
ORDER NQ 199849
DATE: APRIL 27, 2012
THIS IS NOT A N BOUNDARY SURVEY"
CERTIFICATE OF AUTHORIZATION No. LB-87
MARK STEVEN JOHNSON, SEC'¥. & TREAS.
FLORIDA PROFESSIONAL LAND SURVEYOR No. 4 775
404
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 1 7, 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 1 7 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
daharEbke-ShL:i.kln a c:7f:i.:i.OaLafe:i..? __tl'na. REVISIONS
LAND SURVEYORS-ENGINEERS-LAND PLAN.~NERS -3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 FAX No. (954)4 3288 ~
ORDER NO. 199849 PREPARED R MY~ER~ :
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
405
THE MIAMI HERALD I MiamiHerald.com -·-THURSDAY, MAY 17, 2012 I 9NE
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'WI' MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF-PUBLIC HEARING
NOTICE IS HEREBY Given That>t A Public Hearing Will Be Held By The City Commission Of The City Of Miami Beach, In The
Commission .Chambers,. 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, On Wednesday, June 6, 2012
! At 10:20 A.M., 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.
Inquiries may be:directed to the Public Works Department at (305} 673-7080.
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
1 33139: Copies of this item are available for public .inspection during normal business hours in the City Clerk's Office, 1700 Convention
Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided. •
Rafael E. Granado, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to app€lal any "decision m~de by
the City Commiss;on with respecT to any matter considered at its meeting or its hearing, suc;h person must ensure that a verbatim
record of the proceedings is made, which record includes the testimony ahd 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 access for persons with disabilities, and/or
any accommodation to reviei!V any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice),
(305}673-7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad 4:t :::7-0
2
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