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2014-28608 Reso RESOLUTION NO, 201428608 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER APPROVING, ON SECOND READING (PURSUANT TO SECTION 82-37 (a)(2) OF THE CITY CODE), THE VACATION OF 87TH TERRACE (NASTURTIUM STREET PER PLAT), A 50 FOOT RIGHT OF WAY EAST OF COLLINS AVENUE (CONTAINING APPROXIMATELY 18,042 SQ. FT IN TOTAL AREA), AS SHOWN ON THE PLAT OF ALTOS DEL MAR SUBDIVISION NUMBER 2, RECORDED IN PLAT BOOK( 4, PAGE 162, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF 8701 COLLINS DEVELOPMENT, LCC (THE APPLICANT); WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENTS (PURSUANT TO SECTION 82-39 (a) OF THE CITY CODE), FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAVING SUCH CONDITION; AND DIRECTING THE CITY'S PLANNING DEPARTMENT TO PREPARE A PLANNING ANALYSIS (PURSUANT TO SECTION 82-38 OF THE CITY CODE) RELATED TO THE PROPOSED VACATION. WHEREAS, the City holds a right of way dedication to a fifty (50) foot wide road, running from Collins Avenue, east 360 feet to "Parcel A", as set forth in the sketch attached as Exhibit "A" hereto, which originated when the Plat of Altos Del Mar Subdivision Number 2 was platted in 1920 and approved by the City (the aforestated property is hereinafter referred to as the "City Right of Way" or"City ROW"); and WHEREAS, 8701 Collins Development, LCC (the Applicant) owns the property to the south of, and adjacent to, the City Right of Way; the Applicant's property is the Biltmore Terrace Hotel (formerly known as the Dezerland Hotel), located at 8701 Collins Avenue Miami Beach, Florida (Applicant's property is hereinafter referred to as the "Property"); and WHEREAS, Applicant intends to redevelop the current hotel located on the Property, together with the parking lot located on the north half of the property, into a hotel, condo-hotel and residential condominium (the "Proposed Development"); and WHEREAS, in conjunction with Applicant's Proposed Development on .the Property, Applicant is requesting that the City vacate the City ROW, and has submitted its application to the City's Public Works Department with respect thereto; and WHEREAS, pursuant to the City's existing Administrative policies and procedures to consider the vacation of the City streets, alleys, and/or rights of way, which also require compliance with Article II, Sections 82-36 through 82-40 of the City Code (which establish the procedures governing the sale or lease of public property), in addition to the aforestated application, prior to considering a request for vacation, the following requirements must be satisfied: 1) The title of the Resolution approving the proposed vacation shall be heard by the City Commission on two separate meeting dates, with the second reading to be accompanied by a duly noticed public hearing, in order to obtain citizen input into the proposed vacation; 2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee ("Committee") for its review (Note: The Committee reviewed the proposed vacation at its May 20, 2014 meeting); 3) In order for the City Commission and the public to be fully appraised of all conditions relating to the proposed vacation, the City's Planning Department shall prepare a written planning analysis, to be submitted to the City Commission concurrent with its consideration of the proposed vacation; 4) The City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated, which shall include a definition of the property based on proposed and possible issues including, without limitation, the highest and best use of the property by the Applicant (Note: An appraisal was obtained by the City's Public Works Department on April 2, 2014; and WHEREAS, although the City's procedures for the lease or sale of public property also require an advertised public bidding process, the requirement may be waived by 5/7th vote; in this case, and due to the nature of the law pertaining to the vacation of rights of ways, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, finding that the public interest is served by waiving such condition. NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby set a public hearing, to consider approving, on second reading (pursuant to Section 82-37 (a)(2) of the City Code), the vacation of 87th Terrace (Nasturtium Street per plat), a 50 foot right of way east of Collins Avenue (containing approximately 18,042 sq ft. in total area), as shown on the plat of Altos Del Mar Subdivision Number 2, recorded in Plat Book 4, Page 162, of the Public Records of Miami-Dade County, in favor of 8701 Collins Development, LCC (the Applicant); waiving, by 5/7ths vote, the competitive bidding requirements, pursuant to Section 82-39 (a) of the City Code, finding that the public interest would be served by waving such condition; and directing the City's Planning Department to prepare a planning analysis (pursuant to Section 82-38 of the City Code) related to the proposed vacation. PASSED and ADOPTED this 21 day of ATTEST: r0i BE�, 1NCORF ORATED: P NE, MAYOR RALPH GRANADO, CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION QJ, .1- 5 r 4- City Attorney Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing To Consider Approving, On Second Reading (Pursuant To Section 82-37 (A)(2) Of The City Code), The Vacation Of 87th Terrace (Nasturtium Street Per Plat), A 50 Foot Right Of Way East Of Collins Avenue (Containing Approximately 18,042 Sq. Ft In Total Area), As Shown On The Plat Of Altos Del Mar Subdivision Number 2, Recorded In Plat Book 4, Page 162, Of The Public Records Of Miami-Dade County, In Favor Of 8701 Collins Development, LCC (The Applicant); Waiving, By 5/7ths Vote, The Competitive Bidding Requirements (Pursuant To Section 82-39 (A) Of The City Code), Finding That The Public Interest Would Be Served By Waving Such Condition; And Directing The City's Planning Department To Prepare A Planning Analysis (Pursuant To Section 82-38 Of The City Code) Related To The Proposed Vacation. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc N/A Item Summary/Recommendation: The City holds a right of way dedication to a fifty (50) foot wide road, running from Collins Avenue, east 360 feet to "Parcel A", as set forth in the sketch attached as Exhibit "A" hereto, which originated when the Plat of Altos Del Mar Subdivision Number 2 was platted in 1920 and approved by the City (the aforestated property is hereinafter referred to as the"City Right of Way" or"City ROW"). 8701 Collins Development, LCC (the Applicant) owns the property to the south of, and adjacent to, the City Right of Way; the Applicant's property is the Biltmore Terrace Hotel (formerly known as the Dezerland Hotel), located at 8701 Collins Avenue Miami Beach, Florida (Applicant's property is hereinafter referred to as the"Property"). The Applicant intends to redevelop the current hotel located on the Property, together with the parking lot located on the north half of the property, into a hotel, condo-hotel and residential condominium (the "Proposed Development"). In conjunction with Applicant's Proposed Development on the Property, Applicant is requesting that the City vacate the City ROW, and has submitted its application to the City's Public Works Department with respect thereto. Pursuant to the City's existing Administrative policies and procedures to consider the vacation of the City streets, alleys, and/or rights of way, which also require compliance with Article II, Sections 82-36 through 82-40 of the City Code (which establish the procedures governing the sale or lease of public property), in addition to the aforestated application, prior to considering a request for vacation, a list of requirements must be satisfied. Although the,City's procedures for the lease or sale of public property also require an advertised public bidding process, the requirement may be waived by 5/7th vote; in this case, and due to the nature of the law pertaining to the vacation of rights of ways, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, finding that the public interest is served by waiving such condition. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION TO SET THE PUBLIC HEARING. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Sign-Offs: Department Director Assisfdftty Manager Ci Manager G5 ETC T JLM tAagenda\2014\may\87th terrace vacation sum.docx 0 AGE A ITEM. I� _ MIAM- IBEACH DATE MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o he City Co ission FROM: Jimmy L. Morales, City Manager i DATE: May 21, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SET ING A PUBLIC HEARING TO CONSIDER APPROVING, ON SECOND READING (PURSUANT TO SECTION 82-37 (a)(2) OF THE CITY CODE), APPROVING THE VACATION OF 87TH TERRACE (NASTURTIUM STREET PER PLAT), A 50 FOOT RIGHT OF WAY EAST OF COLLINS AVENUE (CONTAINING APPROXIMATELY 18,042 SQ. FT IN TOTAL AREA), AS SHOWN ON THE PLAT OF ALTOS DEL MAR SUBDIVISION NUMBER 2, RECORDED IN PLAT BOOK 4, PAGE 162, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF 8701 COLLINS DEVELOPMENT, LCC (THE APPLICANT); WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENTS (PURSUANT TO SECTION 82-39 (a) OF THE CITY CODE), FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAVING SUCH CONDITION; AND DIRECTING THE CITY'S PLANNING DEPARTMENT TO PREPARE A PLANNING ANALYSIS (PURSUANT TO SECTION 82-38 OF THE CITY CODE) RELATED TO THE PROPOSED VACATION. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution to set the public hearing. BACKGROUND The City holds a right of way dedication to a fifty (50) foot wide road, running from Collins Avenue, east 360 feet to "Parcel A", as set forth in the sketch attached as Exhibit "A" hereto, which originated when the Plat of Altos Del Mar Subdivision Number 2 was platted in 1920 and approved by the City (the aforestated property is hereinafter referred to as the "City Right of Way" or"City ROW"). 8701 Collins Development, LCC (the Applicant) owns the property to the south of, and adjacent to, the City Right of Way; the Applicant's property is the Biltmore Terrace Hotel (formerly known as the Dezerland Hotel), located at 8701 Collins Avenue Miami Beach, Florida (Applicant's property is hereinafter referred to as the "Property"). The Applicant intends to redevelop the current hotel located on the Property, together with the parking lot located on the north half of the property, into a hotel, condo-hotel and residential condominium (the "Proposed Development"). Vacation of 87"' Terrace east of Collins Ave-Memo May 21, 2014 Page 2 of 2 In conjunction with Applicant's Proposed Development on the Property, Applicant is requesting that the City vacate the City ROW, and has submitted its application to the City's Public Works Department with respect thereto. Pursuant to the City's existing Administrative policies and procedures to consider the vacation of the City streets, alleys, and/or rights of way, which also require compliance with Article II, Sections 82-36 through 82-40 of the City Code (which establish the procedures governing the sale or lease of public property), in addition to the aforestated application, prior to considering a request for vacation, the following requirements must be satisfied: 1) The title of the Resolution approving the proposed vacation shall be heard by the City Commission on two separate meeting dates, with the second reading to be accompanied by a duly noticed public hearing, in order to obtain citizen input into the proposed vacation; 2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee ("Committee") for its review (Note: The Committee reviewed the proposed vacation at its May 20, 2014 meeting); 3) In order for the City Commission and the public to be fully appraised of all conditions relating to the proposed vacation, the City's Planning Department shall prepare a written planning analysis, to be submitted to the City Commission concurrent with its consideration of the proposed vacation; 4) The City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated, which shall include a definition of the property based on proposed and possible issues including, without limitation, the highest and best use of the property by the Applicant (Note: An appraisal was obtained by the City's Public Works Department on April 2, 2014; and Although the City's procedures for the lease or sale of public property also require an advertised public bidding process, the requirement may be waived by 5/7th vote; in this case, and due to the nature of the law pertaining to the vacation of rights of ways, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, finding that the public interest is served by waiving such condition. 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