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HomeMy WebLinkAbout2005-3480 Ordinance 2005-3480 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE FOLLOWING PARCEL, MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A", WITH A PHYSICAL ADDRESS OF 2620 BIARRITZ DRIVE, MIAMI BEACH, FLORIDA, FROM THE CURRENT GU, "GOVERNMENT USE," TO THE PROPOSED ZONING CLASSIFICATION RS-3, "RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT," PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, on December 10, 2003, the Mayor and City Commission adopted Resolution No. 2003-25440, approving the submission of a ballot question to the electorate, asking whether the City-owned property at 2620 Biarritz Drive (the "Property") should be sold and the proceeds applied to the renovation of the Normandy Shores Golf Course; and WHEREAS, on March 9, 2004, during Miami-Dade County's Presidential Preference Primary Elections ballot, the voters of the City of Miami Beach were presented with seven City ballot questions, including Ballot Question No.7 entitled, "Sale of 2620 Biarritz Drive", which read: "Shall the City of Miami Beach sell waterfront property located at 2620 Biarritz Drive in Miami Beach, Florida (survey and legal description of property on file in City's Public Works Department), with the sale proceeds to be utilized for the City's renovation of the Normandy Shores Golf Course?"; and WHEREAS, the voters approved the aforementioned Ballot Question; and WHEREAS, the Property was offered for sale, at auction, on February 18, 2005; and the highest qualified bidder, executed a Primary Real Estate Sales Contract, and the second highest bidder executed a "Back-Up" Real Estate Sales Contract; and WHEREAS, on February 23, 2005, the Mayor and City Commission adopted Resolution No. 2005-25829, approYing and authorizing execution of the Primary Contract, as well as the Back-Up Contract, in the event the Primary Contract does not close; and WHEREAS, on April 4, 2005, the transaction on the sale of the Property to the high bidder, Sheldon Margules, was successfully closed and title to same was transferred accordingly, and WHEREAS, the Property is currently located in an area that has a GU (Goyernment Use) zoning district classification, and due to the conveyance of the Property to a priyate party requires a change in zoning district classification; and WHEREAS, pursuant to Section 142-425, of the Miami Beach City Code, "Upon the sale of GU property, the zoning district classification shall be determined, after public hearing with notice pursuant to Florida Statutes, by the City Commission in a manner consistent with the comprehensive plan"; and WHEREAS, on March 16, 2005, the Mayor and City Commission adopted Resolution No. 2005-25834 setting the required public hearing for April 20, 2005; and WHEREAS, the Property is currently located adjacent to a single-family residential district with a zoning district classification of RS-3 (Single Family Residential District), and as such the City Administration has deemed that an RS-3 designation would be the most appropriate for the Property in private ownership. WHEREAS, the full legal description of the Affected Property is contained in the Exhibit attached to this Ordinance, and shortened descriptions of said property will be codified in the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendment to the City's zoning map designation for the property described herein is hereby approved and adopted and the Planning Director is hereby directed to make the appropriate change to the zoning map of the City: A parcel of land commonly referred to as 2620 Biarritz Driye, Miami Beach, Florida, approximately 13,000 square feet, from the current GU, "Government Use," to the proposed zoning classification RS-3, "Single Family Residential." SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or proYision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the City Commission that this Ordinance be entered into the Code, and it is hereby ordained that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. The Exhibit to this Ordinance shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's Office. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect ten days after adoption. PASSED and ADOPTED this 20th day of April .' " : . ' J .1. .; "~'.~ . .c, ~. . .' :~r'~~";' ~. () .....'r.f.iQ~.r rOA-~ \ ~. ..' , CITY CLERK Robert Parcher VERIF ED: 4/27/05 DATE APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION -A1I ~ CITY ATTORNEY lf~' ~... oS DATE j1- F:\DDHP\$ALL \ASSET\2620BiarritzDrive\2620ZoningChangeORD.doc MAYOR David Dermer ,2005. ~ " CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: Ordinance amending the official Zoning District Map, referenced in Section 142-72 ofthe Code ofthe City of Miami Beach, Florida, by changing the zoning district classification for the following parcel with a physical address of 2620 Biarritz Drive, Miami Beach, Florida, from the current GU, "Government Use," to the proposed zoning classification RS-3, "Residential Single-Family Zoning District," providing for codification, reoealer, severabilitv and an effective date. Issue: Shall the City Commission adopt the Ordinance changing the zoning district classification? Item Summary/Recommendation: On March 9, 2004 the voters of the City were presented with a ballot question regarding whether the City should sell waterfront property located at 2620 Biarritz Drive, with the sale proceeds to be utilized for the renovation of the Normandy Shores Golf Course. The matter was approved by a majority of the voters at that time. On February 18, 2005, the property was offered for sale, at auction, to the highest qualified bidder, which executed a Primary Real Estate Sales Contract. The Second highest bidder also executed a "Back-up" Real Estate Sales Contract. On February 23, 2005, the Mayor and City Commission approved and authorized execution of the Primary Contract and Back-Up Contract. The Property currently has a GU zoning classification, and due to the conveyance to a private party requires a change in zoning district classification. Since the property is located next to an RS-3 District, an RS-3 designation would be the most appropriate for the property in private ownership. On April 4, 2005, the transaction on the sale of the Property to the high bidder was successfully closed and title to same was transferred accordingly. The Administration recommends that the Mayor and City Commission adopt the Ordinance changing the zoninq district classification from GU to RS-3. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: D Finance Dept. Ci Clerk's Office Le islative Trackin Tim HemstreeUJoe Damien F:\DDHP\$ALL \ASSET\2620BiarritzDrive\2620ZoningChangeSUM.doc AGENDA ITEM DATE RS'A- f{-'lO-oS- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: April 20, 2005 From: FIRST & ONLY READING PUBLIC HEARING Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE FOLLOWING PARCEL, MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A", WITH A PHYSICAL ADDRESS OF 2620 BIARRITZ DRIVE, MIAMI BEACH, FLORIDA, FROM THE CURRENT GU, "GOVERNMENT USE," TO THE PROPOSED ZONING CLASSIFICATION RS-3, "RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT," PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS On December 10, 2003, the Mayor and City Commission adopted Resolution No. 2003- 25440 approYing the submission of a ballot question to the electorate, asking whether the a City-owned yacant park/waterfront lot at 2620 Biarritz Driye shall be sold and the proceeds applied to the renovation of the Normandy Shores Golf Course. The issue had been preyiously discussed at the November 20, 2003, Finance and City Wide Projects Committee with a positiye recommendation forwarded to the Mayor and City Commission. On the March 9, 2004, during Miami-Dade County's Presidential Preference Primary Election ballot the yoters of the City of Miami Beach were presented with seyen City ballot questions, including Ballot Question No.7 entitled, "Sale of 2620 Biarritz Driye", which read: "Shall the City of Miami Beach sell waterfront property located at 2620 Biarritz Drive in Miami Beach, Florida (survey and legal description of property on file in City's Public Works Department), with the sale proceeds to be utilized for the City's renovation of the Normandy Shores Golf Course?" and the matter was approved by a majority of the voters at that time. " On February 18, 2005, the Property was offered for sale, at auction, to the highest qualified bidder, which executed a Primary Real Estate Sales Contract. On that same day the second highest bidder also executed a "Back-Up" Real Estate Sales Contract. On February 23, 2005, the Mayor and City Commission adopted Resolution No. 2005-25829, approYing and authorizing execution of the Primary Contract, as well as the Back-Up Contract (in the eyent the Primary Contract did not close). The Property is currently located in an area that has a GU (Goyernment Use) zoning district classification, and due to the pending conyeyance ofthe Property to a private party would require a change in zoning district classification. Pursuant to Section 142-425, of the Miami Beach City Code: "Upon the sale of GU property, the zoning district classification shall be determined, after public hearing with notice pursuant to Florida Statutes, by the City Commission in a manner consistent with the comprehensiye plan." The Property is located adjacent to a single-family residential district with a current zoning district classification of RS-3 (Single Family Residential District). Due to the foregoing, the City Administration deems that an RS3 designation would be the most appropriate for the Property once in priyate ownership. Pursuant to Section 142-425 of the Miami Beach City Code, on March 16, 2005, the Administration recommended to the Mayor and City Commission that the required Public Hearing be set for April 20, 2005, to consider an amendment to the zoning map by changing the zoning district classification of the property located at 2620 Biarritz Drive, Miami Beach, Florida, from GU (Government Use) to RS-3 (Single Family Residential), following the Property's conyeyance by the City to a priyate party, pursuant to City Commission Resolution No. 2005-25829, and in accordance with the City's ComprehensiYe Plan and Land Deyelopment Regulations. The Mayor and City Commission adopted Resolution No. 2005-25834 setting the public hearing for April 20, 2005. On April 4, 2005, the transaction on the sale of the Property to the high bidder, Sheldon Margules, was successfully closed and title to same was transferred accordingly. As such, and in accordance with the aforementioned City Code requirements, the Administration recommends that the Mayor and City Commission adopt an ordinance amending the City's zoning map by changing the zoning district classification of the property located at 2620 Biarritz Driye, from GU (Goyernment Use) to RS-3 (Single Family Residential), in accordance with the City's Comprehensive Plan and Land Development Regulations. Fiscal Impact The transfer of title to the priyate sector has effectively eliminated the City's responsibility for maintaining the Property, as well as placing same on the Ad Valorem Tax rolls. Based on the final sales price of $1,942,500, once effective in FY 2005/2006, should result in an additional $14,000 +/- to the City's share of Ad Valorem taxes. 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NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that pUblic hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, MIami Beach, Florida, on Wednesday, April 20, 2005, to consider the following: _j~30 A.M. /l' TO CONSIDER PUBLIC COMMENT, AS REQUIRED BY SECTION 142-425 OF THE CITY CODE, to Consider An Amendment To The Zoning Map By Changing The Zoning District Classification Of Property Located At 2620 Biarritz Drive, From GU (Government Use) To RS-3 (Single Family Residential), Following The Property's Conveyance By The City To A Private Party, Pursuant To City Commission Resolution No. 2C05-25829, All In Accordance With The City's Comprehensive Plan And Land Development Regulations. Inquiries may be directed to Asset Management at (305) 673-7193. 11:15 A.M. TO CONSIDER PUBLIC COMMENT, AS REQUIRED BY SECTION 82-37 OF THE CITY CODE, Regarding The Vacation Of An Alley, Adjacent To Lots 2 Through 7 Of The Amended Plat Of Aquarium Site Resubdivision, Containing Approximately 4,200 Square Feet, In Favor Of The Applicant (And Developer Of The Vitri Project), 535 West Avenue, LLC, And Approving And Accepting The Dedication By 535 West Avenue LLC, Of Portions Of Lots 8, 9, 10 And 13 Of Same Subdivision, Containing Approximately 4,200 Square Feet, For Perpetual Use As A Public Alley. Inquiries may be directed to the Department of Public Works 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 33139. Copies of the agreements and ordinance are available for public inspection during normal business hours In the Planning Department Office, 1700 Convention Center Drive, 2ndFloor, City HCllI, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, 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 appea1 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 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 review 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. TIY users may also call 711 (Florida Relay Service).