C4D-Ref- LUDC - Proposed Easement Agreement For 1801 Collins AvenuelD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager ~-ft.---.~
July 18, 2012
A REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE
REGARDING A PROPOSED EASEMENT AGREEMENT WITH SHELBORNE
ASSOCIATES, GP, COSTELLO INVESTMENTS, INC., AND SHELBORNE
OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., OWNERS OF
THE PROPERTY LOCATED AT 1801 COLLINS AVENUE, FOR A LIFT
STATION AND ASSOCIATED CONNECTION TO CITY'S SANITARY SEWER
SYSTEM IN THE PUBLIC RIGHT OF WAY OF 18TH STREET, WITH A TOTAL
AREA OF 527 SQUARE FEET.
ADMINISTRATION RECOMMENDATION
The Administration recommends referring the matter to the Land Use and Development
Committee for discussion.
BACKGROUND
The subject Property contains the Shelborne Hotel and is located at the northeast corner of the
intersection of Collins Avenue and 18th Street. The Shelborne Hotel is classified as Contributing
in the Miami Beach Historic Properties Database and is located within the Ocean Drive/Collins
Avenue Local Historic District and National Register Architectural District. It was originally
designed by Polevitsky & Russel and constructed in 1940, and contains a front addition
designed by Morris Lapidus and constructed in 1957. Located along the south side of the
Property, 18th Street provides pedestrian access to and from the beach.
The Property occasionally experiences back-ups of sewage onto the Property. It has been
determined that a private sewage lift station, owned by the Applicants, is required to address the
problem as the standard backflow preventer will not work under the hydraulic conditions. The
Applicants and City staff have worked together to address the situation and locate a lift station.
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City Commission Memorandum -1801 Collins Avenue Easement
July 18, 2012
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The following locations were considered that are outside the public right-of-way:
1. Inside the building -Structural constraints and access issues make it extremely difficult
to place the lift station inside the existing building.
2. Adjacent to the south side of the building - Negative impacts to the existing building
foundation, as verified by a third-party structural engineer, prevent placing the lift station
in the 5'-0" setback between the sidewalk and the building on 18th Street.
3. At the front of the building -Code requirements and the historic character of the
Shelborne Hotel, as determined by the Planning Department, disqualify placing the lift
station at front corner of Shelborne hotel near the intersection of Collins Avenue and 18th
Street.
4. At the rear of the building -Adverse impacts to existing structures and foundations
exclude placing the lift station in the rear yard.
As such, the lift station must be placed in the City's right-of-way. After careful consideration and
analysis, the Applicants and City staff determined that the best and most unobtrusive location is
below grade in the existing sidewalk mid-block on the north side of 18th Street at the point where
the existing sewer line lateral exits the Property.
The pump station will convey sewage through an underground pipe to the City's sanitary sewer
system located directly south of that location near the center of 18th Street. No part of the lift
station and the associated conveyance piping in the right-of-way will protrude above the grade
of the existing sidewalk or 18th Street. Therefore, the lift station will neither impede pedestrian
access to and from the beach, nor inhibit parking in 18th Street. The Applicant will place the
control panel, vent stack, and any other above grade elements for the lift station outside of the
public right-of-way, in the area north of the sidewalk.
Due to the permanent nature of the lift station, the City will require the Applicants to obtain an
easement for the area encroached upon by the lift station and the associated piping. The area
of this proposed encroachment is approximately 527 square feet.
ANALYSIS
There is no section of the City Code that provides guidance on the appropriateness of granting
an easement. Therefore, staff has reviewed the appropriateness of the facility pursuant to the
criteria established under Section 82-38 of the City Code for the proposed sale or lease of City
property.
1) Whether or not the proposed use is in keeping with city goals and objectives and conforms
to the city's comprehensive plan.
Satisfied. Granting the easement for the lift station will uphold the City's goals of protecting
the health and safety of the public.
2) The impact on adjacent properties (if any), including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level, enhanced property
values, improved development patterns and provision of necessary services. Based on the
proposed use of the property, the city shall determine the potential impact of the project on
city utilities and other infrastructure needs and the magnitude of costs associated with
needed infrastructure improvements. Should it become apparent that further evaluation of
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City Commission Memorandum -1801 Collins Avenue Easement
July 18, 2012
Page3of4
traffic impact is needed, the purchaser/lessee shall be responsible for obtaining and paying
for a traffic impact analysis from a reputable traffic engineer.
Satisfied. The lift station and associated piping will be below grade. The lift station access
hatch will be at grade on the sidewalk. However, there will not be any negative impact on
pedestrian access to and from the beach or any negative impact on parking in 18th Street.
There will not be any traffic impacts.
3) A determination as to whether or not the proposed use involves a public purpose, or is in
keeping with the community's needs, such as expanding the city's revenue base, reducing
city costs, creating jobs, creating a significant revenue stream, and/or improving the
community's overall quality of life.
Satisfied. Granting the easement for the new lift station serves a public purpose by
preventing sewage back-ups that otherwise create a health and safety problem. The
easement meets a need of the community by protecting the residents and visitors of this
area of the City.
4) A determination as to whether or not the proposed use is in keeping with the surrounding
neighborhood, will block views or create other environmental intrusions, and evaluation of
the design and aesthetic considerations of the proposed development or project.
Satisfied. Lift stations are common and necessary uses in the neighborhood. The lift station
and associated piping below at grade and will not block any views. The control panel and
vent pipe will be placed outside of the public right-of-way, north of the sidewalk, in a
landscaped area and will also not block any views or impede pedestrian or vehicular access.
The underground lift station will further protect the view and appreciation of the historic
Shelborne Hotel.
5) The impact on adjacent properties, whether or not there is adequate parking, street and
infrastructure needs.
Satisfied. There will not be any adverse impacts to adjacent properties, including 18th Street.
Granting the easement will provide better control of sewage and prevent sewage back-ups.
6) Such other issues as the city manager or his authorized designee, who shall be the city's
planning director, may deem appropriate in analysis of the proposed disposition.
Satisfied. The Applicant and City Administration have worked together and sought to place
the lift station on private property. Unfortunately, none of four potential locations on the
Property are feasible. Specifically, (1) structural constraints and access issues prohibit
placing the lift station inside the existing building; (2) negative impacts to the existing
building foundation, as verified by a third-party structural engineer, prevent placing the lift
station in the 5'-0" setback between the sidewalk and the building on 18th Street; (3) Code
requirements and the historic character of the Shelborne Hotel, as determined by the
Planning Department, disqualify placing the lift station at front corner of Shelborne hotel
near the intersection of Collins Avenue and 18th Street; and (4) adverse impacts to existing
structures and foundations exclude placing the lift station in the rear yard. In addition,
engineers for the Applicant have determined to the satisfaction of the City Administration
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City Commission Memorandum-1801 Collins Avenue Easement
July 18, 2012
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that installation of a check valve on the existing sewer line exiting the Property is not
feasible to resolve the sewage overflows.
The analysis above shows that the criteria for the proposed sale or lease of City property are
satisfied, per Miami Beach City Code Sections 82 -38, to allow an encroachment in the City's
right-of-way to provide an underground lift station.
At this time, an appraisal has not been requested of the proposed easement area.
CONCLUSION
The Administration recommends referring the matter to the Land Use and Development
Committee for discussion.
JMG/6~Jffi'¥s/DW
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