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R7E-Execute Grant Of Easement Air Rights w- CG Tides LLC And OthersCOMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute A Grant Of Easement For Air Rights With CG Tides, LLC, CG Tides Village, LLC, And CG Tides Village I, LLC For A Proposed Elevated, Pedestrian Bridge Spanning The 20-Foot Public Right-Of-Way Of Ocean Court (At A Width Of 9'1" With A Minimum Vertical Hei ht Of 16 Feet Above Ocean Court. nded Outcome Su orted: Issue: I Shall the Mayor and the City Commission approve the Resolution? Item Summary/Recommendation: PUBLIC HEARING CG Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, 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 item 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 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 execute a grant of easement. At the June 28, Finance and Citywide Projects Committee, it was recommended to use the fee simple methodology for valuation of this easement with flexibility to adjust the valuation when appropriate, based on recommendations from the City appraiser. At the July 18, 2012 City Commission meeting, pursuant to Resolution No. 2012-27950, the Commission set a public hearing for the September 12, 2012 Commission meeting. 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. If approved, this agreement will be executed upon payment by Applicant, in the appraised value of $75,000. THE ADMINISTRATION RECOMMENDS THAT THE CITY COMMISSION EXECUTE THE GRANT OF EASEMENT. Financial Information: Source of Funds: OBPI ~~--~~--~--~~~-.~--~~~~~-------,--~----~--. Amount Account Approved 1 2 Financial Impact Summary: Ci rk's Office Le islative Trackin r Assista~t City Manager JG ~------+-------~~- --~~~--~--~~ m MIAMIBEACH ,.., 491 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 mission PUBUC HEARING FROM: Kathie G. Brooks, Interim City Manager DATE: September 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT OF EASEMENT FOR AIR RIGHTS WITH CG TIDES, LLC, CG TIDES VILLAGE, LLC, AND CG TIDES VILLAGE I, LLC FOR A PROPOSED ELEVATED, PEDESTRIAN BRIDGE SPANNING 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). ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission execute the grant of easement. BACKGROUND CG Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, 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 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 right-of-way at Ocean Court, at a minimum vertical elevation of 16 feet above the surface grade (Attachment B). At its 492 City Commission Memorandum -1220 Ocean Drive Revocable Permit September 12, 2012 Page 2 of5 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 an 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 the 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 June 28, Finance and Citywide Projects Committee, it was recommended to use the fee simple methodology for valuation of this easement with flexibility to adjust the valuation when appropriate, based on recommendations from the City appraiser. An appraisal prepared by Waronker & Rosen, Inc., on June 27, 2012, estimates the value of the easement to be $75,000. At the July 18, 2012 City Commission meeting, pursuant to Resolution No. 2012-27950, the Commission set a public hearing for the September 12, 2012 Commission meeting. ANALYSIS The City Code does not provide expressingly for procedure for omitting easements. Therefore, although not required, but provided herein for the purpose of giving the City Commission guidance as to the appropriateness of Applicant's request, staff has reviewed the proposed grant of easement for the pedestrian bridge, 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. The proposed use of the adjacent properties is consistent with the future land use category description contained in the Comprehensive Plan. 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. 493 City Commission Memorandum -1220 Ocean Drive Revocable Pennit September 12, 2012 Page 3 of5 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 easement. The easement is 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 pay the City $75,000, which is the fee simple valuation appraisal prepared by Waronker & Rosen on behalf of the City. 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 Waronker and Rosen Inc. firm has prepared an appraisal of the aerial easement, and estimates its value at $75,000. As this application was originally referred as a Revocable Permit, staff also reviewed the appropriateness of the proposed pedestrian bridge, pursuant to the criteria established under Section 82-94 of the City Code for the granting/denying of revocable permits. (Again, while not required, the analysis below is provided as further guidance to the Commission in considering the proposed requests): 494 City Commission Memorandum -1220 Ocean Drive Revocable Permit September 12, 2012 Page 4 of5 1) That the applicant's need is substantiaL 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. 495 City Commission Memorandum-1220 Ocean Drive Revocable Permit September 12, 2012 Page 5 of5 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 and Applicant have negotiated a Grant of Easement for Air Rights (Attachment C). If approved, this agreement will be executed upon payment by Applicant, in the appraised value of $75,000. CONCLUSION The Administration recommends that the Mayor and City Commission authorize the Mayor and City Clerk to execute a Grant of Easement for Air Rights with CG Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, LLC for a proposed elevated, pedestrian bridge spanning 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 B-Sketch and Legal description of the encroachment C-Draft Easement Agreement KGB/JGG/FHB/JJF/RWS/DEF T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\1220 Ocean Drive-MEMO.docx 496 Attachment-A 497 SKETCH ACCOAJPANY LEGAL DESCRIPTION TIDES BRIDGE CONNECTION LEGEND: --f: -· DSVOTES CENTER UNE --R/Ht--DENOTES RIGHT OF WAY UN£ P.B. DENOTES PLAT BOOK PG. DENOTES PAGE P.O.C. DENOTES POINT OF COMMENCEMEN P. D. B. DENOTES POINT OF BEGINNING LOT 12 c:i :.:::~ < ~ NOO'OO 'J5 "£ a(_') 9. i=::Q cs i P.O.B. C_j "Z".; 12+nl I ( , N89'59'25"W 20.00 STREET TIDES BRIDGE CONNECTION FROM ELEV. 22.75' TO £LEV. 33.25' NC. V.D. 1929 ( 181. 6 sq.ft) LOT 5 L '-\j c5 < < Q (..) ;::::: Q cs r~\ .__, '-T ('..j UTE E-l.i liZ & c:::4:2:20C!lafE C!. LAND SURVEYORS-ENGINEERS-LAND PLANNERS 3240 CORPORATE WAY-t,iiRAMAR, FL 33025 PHONE No.(954 )435-701 0 AX No. (954 )438-3288 ORDER NO . ......:..;;;:.::..:::;_:..;;;.__ __ DATE: APRIL THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 MARK STEVEN JOHNSON, SECY. & TR£AS. FLOFIIDA PROFE:SS!ONAL LAND SURVEYOR No. 4775 498 LEGAL TIDES BRIDGE CONNECTION A PORTION OF 20 FOOT PUBLiC ALLEY {OCEAN COURT), OC£A,N BEACH, FLA, ADDITION lVO. 2, BLOCK 17, ACCORDING TO T/--!E PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 56 OF Ti-lE PUBLIC RECOF?DS OF MIAMI-DAD£ COUNTY, FLOP IDA, MORE PART!CULAF?L Y DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUT/-/EAST COF?NEF? OF LOT 9, BLOCK 17, OCEAN BEACH, FLA, ADDITION NO. 2, ACCORDING TO THE PLAT T/-IEF?EOF, AS RECOF?DED IN PLA, T BOOK 2 AT PAGE 56 OF Ti-l£ PUBLIC F?ECOF?DS OF lvf/AMI-DAD£ COUNTY, FLOF?IDA; THENCE NOF?T/-1 00 DEGF?EES 00 MINUTES 35 SECONDS EAST, ALONG THE EAST LINE OF LOTS 9 T/-IF?OUGH 11 OF BLOCK 1 7 OF SAJD PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2, FOR 139.39 FEET TO THE POINT OF BEGINNING; THENCE CONTiNUE NOF?TH 00 DEGF?EES 00 MINUTES 35 SECONDS EAST FOr? 9. 08 FEET; THENCE SOUTH 89 DEGF?EES 59 ivf!NUTES 25 SECONDS EAST FOr? 20.00 FEET TO Ti-l£ WEST LINE OF LOT 6 OF BLOCK 1 7 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2; THENCE SOUTi-f 00 DEGF?££5 00 MINUTES 35 SECONDS WEST, ALONG SAID UN£ FOR 9. 08 THENCE NORTh 89 DEGF?EES 59 MINUTES 25 SECONDS WEST FOR 20.00 FEET TO THE POINT OF BEGINNING. SAID BRIDGE CONNECTION LYING BETWEEN THE HOF?IZONTAL PLANE OF ELEVATION OF 22.75 FEET AND ELEVA T/ON 25 FEET NATiONAL GEODETiC VERTICAL DATUM 1929. SAID AREA CONTAINING 181. 6 SQUAF?£ FEET. L Y!NG AND BEING IN SECTION 34, TOWNS/-1/P 53 SOUT/-1, F?ANGE 42 EAST, CITY OF illf/Aiv!! BEACH, MIAMI--DADE COUNTY, FLOF?JDA. BEARINGS SHOWlv HEREON REFER TO AN ASSUMED BEARING OF NORTH 00 DEGREES 00 MINUTES 35 EAST ALONG THE EAST LINE OF LOTS 9 THPOUGH 11 OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2. 2) ORDERED BY: BEF?COW l?ADELL & FERNANDEZ, P.A. 3) AUTHENTIC COPIES OF T/-1/S SKETCH AND LEGAL DESCRIPTiON lvtuST BEAR THE EMBOSSED SEAL OF THE A !TESTING PROFESSiONAL LAND SURVEYOl?. DATE: APRIL THIS IS NOT A ,, BOUNDARY SUPVEY" CERTiFiCATE OF AUTHORIZATION No. LB-87 Sl-iEtT 2 OF 2 SHEETS Fl 33025 MARK STEVEN JOHNSON, FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 499 ATTACHMENT C (TO BE SUBMITTED AS SUPPLEMENTAL) 500 18NE I THURSDAY, AUGUST 23, 2012 NE MIAMI * NOTICE IS HEREBY given that_a public hearing will be held by the Crty Commission of the City of Miami Beach, in the Commission · Chambers, 3rd F!oor, City Hall, 1700 Convention Center Drive, Mlami Beach, Florida, on Wednesday, 12,2012 at Hl:55 A.M., ·To Consider Gra(lting 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 Vertipal Height Of 16 Feet 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 '!heir views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, lsl Floor, CiJy Hall, M!aml Beach, Florida 33139. Copies of this item are available for public inspection during normal business hours 111 the City Clerk's Office, 1700 COnvention Genier Drive, 1st Floor, City Hall, Miami BeaclJ, Florida 33139. This meeting may I:Je continued, and unoer such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City ot Miami Beach Pursuant to Section 286.0105, Fla. Stat, the City hereby advises lhe public lhat: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or itS heaflng, such person must ensure that a verbatim record ol the proceedings Is made, which record includes the testimony arul evknmce upon wtilch the appeal is to be based. This notice does not constitute consent I:Jy the City for the introduction or admission ol otherwise lnadmlss!ble 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 lor persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us· five days in advance' at (305) 673-7411(voice) orm users may also call the Flonda Relay Service at 711. Ad #729 /v\!A/v\1 H . NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City of Miami Beach, in the Commission Chambers, 3rd Floor, City Ha!l, 1700 Convention Center Drive, Miami Beach, Florida, or Wednesday, September 12, 20i2 at 10:45 A.M., To Consider Granting An Easement To Collins 3300, LL.C And 342.0 Coll!ns Avenue, L.LC, Owners Of The Properties Located At 3301 Indian Creek Drive, 3400 Collins Avenue And 3420 Collins Avenue, For A Proposed Subsurface Parking Garage, That Spans The Entire Width 0t The 50-Foot Public Rigllt-01-Way Of 34th Street For A Length Ot Approximately 93 Feet. Pursuant To The Procedures And Standards Recommended By The Land Use And Development Committee, And Finance And Citywide Projects Committee. Inquiries may be directed to the Public Works Department at (305) 673-7080. INTERESTED PARTIES are invited to appear at this meeting, or be rap resented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Senter Drive, 1st Flpor, Cit'; Hall, Miami Beach, Florida 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, Crty Halt, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided. Rafael E Granado, City Clerk City ot Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record inCludes the testimony and evidence upon which the appeal is to oo 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 review any document or participate in any City-sponsored proceeding, please contact us five days in advance at (305) 673-7 411 (voice) or TlY users may also call the Florida Relay Service at 711. Ad#728 501 RESOLUTION TO BE SUBMITTED 502