C7P-Set Public Hearing Grant Aerial Easement Agreement With CG Tides LLC etcCondensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Setting A
Public Hearing For The September 12, 2012 Commission Meeting, To Consider Granting An Aerial
Easement Agreement With 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-foot Public Right-Of-Way Of Ocean Court At A Width Of 9'1" With A Minimum Vertical Height
Of 16 Feet Above Ocean Court.
Ke Intended Outcome Supported:
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 Summary/Recommendation:
CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC and CG Tides Village II, LLC
(Applicants) 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 received HPB approval (pursuant to HPB Order No. 5477) to redevelop the Collins
Avenue properties and now wish to unify all the Properties 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 20-foot width of Ocean Court at a minimum vertical
elevation of 16 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.
The Land Use Committee and the Finance and Citywide Projects Committee for policy direction. At
the June 13, 2012 Land Use Committee meeting, it was determined that an easement was the more
appropriate instrument for allowing an aerial bridge across City right-of-way and that the Commission
should set a public hearing to consider granting the easement.
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. The City has determined that
the criteria are satisfied.
THE ADMINISTRATION RECOMMENDS ADOPTING 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:
MIAMI BEACH
Account
301
AGENDA ITEM
DATE
Approved
C7P
7--li'-l'k
~ 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 Com ission
Kathie G. Brooks, Interim City Manager ~ h ~ .
July 18, 2012 / • " ~
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE
SEPTEMBER 12, 2012 COMMISSION MEETING TO CONSIDER GRANTING
AN AERIAL EASEMENT AGREEMENT WITH 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-FOOT
PUBLIC RIGHT-OF-WAY OF OCEAN COURT AT A WIDTH OF 9'1" W1TH A
MINIMUM VERTICAL HEIGHT OF 16 FEET ABOVE OCEAN COURT.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
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 fac;ade 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
302
City Commission Memorandum -1220 Ocean Drive Revocable Pennit
July 18, 2012
Page 2of5
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 16 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.
However, at the public hearing, this issue was referred to the Land Use Committee and the
Finance and Citywide Projects Committee for policy direction. At the June 13, 2012 Land Use
Committee meeting, it was determined that:
1. An easement was the more appropriate instrument for allowing an aerial bridge across
City right-of-way.
2. The value of the easement should be determined via an appraisal conducted for the
City and paid for by the Applicants.
3. The Commission should set a public hearing to consider granting the easement.
At the Finance and Citywide Projects Committee, it was determined that the Applicants should
pay the assessed value of the easement and should contribute to funding a "green)' alley in
Ocean Court.
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.
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
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 Applicants own the properties on either side of the proposed easement, and
the easement should enhance the property values. There will not be any impact on City
utilities, which are below ground. Other 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
303
City Commission Memorandum-1220 Ocean Drive Revocable Permit
July 18, 2012
Page 3of5
easement. The easement is 16 feet above Ocean Court, so 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. The Applicants have agreed to help fund the construction of a "green" alley
adjacent to their properties that will improve the appearance and drainage of Ocean Court.
Further, 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.
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. At its regular April 10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303)
determined that this use is in keeping with the surrounding neighborhood and approved the
proposed elevated, pedestrian bridge to connect the Properties.
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 other than those
owned by the Applicants.
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. This proposed aerial easement was referred to the Land Use and Development
Committee and the Finance and Citywide Project Committee for policy direction. At those
meetings, it was determined that the consideration for granting this easement should be
heard at a public hearing and that the Applicants should pay the assessed value of the
easement. The firm of Waronker and Rosen has prepared an appraisal of the aerial
easement and estimates its value at $75,000.
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 aerial bridge. The request will not be detrimental to the public welfare.
As this application was originally referred as a revocable permit, staff also reviewed the
appropriateness of the facility pursuant to the criteria established under Section 82-94 of the
City Code for the granting/denying of revocable permits. The conclusions below are included in
the memorandum to provide additional information to the Commission:
1) That the applicant's need is substantial.
304
City Commission Memorandum -1220 Ocean Drive Revocable Pennit
July 18, 2012
Page 4of5
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 ..
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.
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
16' 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. The Applicants have agreed to help fund the construction of a "green" alley
adjacent to their properties that will improve the appearance and drainage of Ocean Court.
Further, 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.
305
City Commission Memorandum -1220 Ocean Drive Revocable Permit
July 18, 2012
Page 5of5
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 also satisfied.
At this time, the Applicants and City staff are negotiating the terms of the easement agreement.
CONCLUSION
The Administration recommends that the City Commission set a public hearing at the
September 12, 2012 City Commission Meeting to consider a granting an aerial easement for 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-foot public right-of-way of
Ocean Court at a width of 9'1" with a minimum vertical height of 16 feet above Ocean Court
Attachments:
A -Rendering of proposed bridge
8 -Sketch and Legal description of the encroachment
JMG/JGG/FHB/JJF /RWS/DW
T:\AGENDA\2012\7-18-12\revocable permits and easements\1220 Ocean Drive-MEMO.docx
306
Attachment-A
Attachr1ent B
SKETCH TO ACCOMPANY LB'&AL v~·;:,·cftJYllUJV
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
--RjW--DENOTES RIGHT OF WAY LIN£
P.B.
PG.
P.O. C.
P.O. B.
DENOTES PLAT BOOK
DENOTES PAGE
DENOTES POINT OF COMMENCEMEN7
DENOTES POINT OF BEGINNING
-N 12th STREET
-'tir~---
SCALE 1 "=20' SHEET 1 OF 2 SHEETS
d'ahw-.e k.e-d'hi.6.-kin. 6-d.:t.:toaia.f£.6.-.? .£lna. REVISIONS
LAND SURVEYORS-ENGINEERS-LAND PLANNERS 3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 AX No. (954)438-3288
ORDER NO. 199849 ER
DATE: APRIL 27, 2012 _......,;.__~...._~
THIS IS NOT A u BOUNDARY SURVEYn
CERTIFICATE OF AUTHORIZATION No. LB-87
MARK STEVEN JOHNSON, SEC'Y. & TRE:AS.
FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
308
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-DAD£ 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-DAD£ 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.
SHEET 2 OF 2 SHEETS
.::::S'czhw.eb-k.e-Sht~kin. 5 c7f~~oaiaf.e~., .£lna. REVISIONS
LAND SURVEYORS-ENGINEERS-LAND PLAN.~NERS -3240 CORPORATE WAY-MIRAMAR, FL 33025
ORDER NO. 199849 PREPARED R MY SUPERVI :
PHONE No.(954)435-7010 F~No. (954)4 3288 ~
DATE: APRIL 27, 2012 ~'
THIS IS NOT A " BOUNDARY SURVEY"
CfRTIFICAT£ OF AUTHORIZATION No. LB-87
MARK STEVEN JOHNSON, SEC'Y, & TR£AS.
FLORIDA PROFESSIONAL LAND SURVfYOR No. 4775
309
RESOLUTION TO BE SUBMITTED
310