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R7A -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 Summary/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 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 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 withdrawing the item. 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 n-Offs: Department Direct Assistant City Manager FHB MIAMI BEACH 593 Account Approved AGENDA ITEM -.!.R~7"'-'A-'--­ DATE 7-1 K-12...- ~ 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 th~ C.L:..mi~sion Kathie G. Brooks, Interim City Manager ~~ / ~~~?.ND HEARING /"I"' PUBLIC HEARING July 18, 2012 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 withdrawing the item. 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 qesigned 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 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 594 City Commission Memorandum -1220 Ocean Drive. MEM02 July 18, 2012 Page 2of3 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 121h Street, any ground-level access would have to either: (1) utilize sidewalks on Ocean Drive and 121h 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. 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. 595 City Commission Memorandum -1220 Ocean Drive. MEM02 July 18, 2012 Page 3of3 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 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 withdrawing the item. JMG/JGG/FHB/JJF/RWS/DW T:\AGENDA\2012\7-18-12\1220 Ocean Drive-MEM02.docx 596