96-22162 RESO
RESOLUTION NO.
96-22162
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF SOUTH LINCOLN
LANE BETWEEN ALTON ROAD AND LENOX COURT, IN FAVOR OF
LRI OF SOUTH FLORIDA AND MARK KOTTLER, AS OWNERS OF
THE ADJACENT PROPERTIES AT 1100 LINCOLN ROAD AND 1623
ALTON ROAD.
WHEREAS, LRI of South Florida Ltd., owns the property located at 1100 Lincoln Road
adjacent to South Lincoln Lane; and
WHEREAS, Mark Kottler has a purchase contract for the property located at 1623 Alton
Road; and
WHEREAS, LRI of South Florida Ltd. and Mark Kottler are proposing to construct the
South Beach Cinema Project on the lots located at 1100 Lincoln Road and 1623 Alton Road;and
WHEREAS, LRIof South Florida Ltd. and Mark Kottler have requested the City to
vacate that portion of South Lincoln Lane between Alton Road and Lenox Court; and
WHEREAS, the Mayor and City Commission, following guidelines set by the Land Use
and Development Committee on July 19,1989 and preceding vacation requests, shall call for a
public hearing to consider the abandonment/vacation of the aforementioned public right-of-way.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to
consider a request by LRI of South Florida Ltd. and Mark Kottler for the vacation of South
Lincoln Lane between Alton Road and Lenox Court, is hereby called to be held before the Mayor
and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convention Center
Drive, Miami Beach, Florida on October 23 , 1996 beginning at 2: 00 pm, and the
City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said
Public Hearing in a newspaper of Miami Beach, at which time and place all interested parties will
be hears.
PASSED and ADOPTED this 9th
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LEGAL DEPT.
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ATTEST:
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CITY CLERK
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. L oq-q l-
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
October 9, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF SOUTH LINCOLN
LANE BETWEEN ALTON ROAD AND LENOX COURT, IN FAVOR OF
LRI OF SOUTH FLORIDA AND MARK KOTTLER, OWNERS OF
ADJACENT PROPERTIES AT 1100 LINCOLN ROAD AND 1623 ALTON
ROAD.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission set a date and time for a
public hearing to consider the vacation of a portion of South Lincoln Lane between Alton Road
and Lenox Court, in favor of LRI of South Florida and Mark Kottler, owners of adjacent
properties at 1100 Lincoln Road and 1623 Alton Road.
BACKGROUND:
On July 26, 1989, the Land Use and Development Committee set guidelines/criteria for
considering right-of-way and easement vacation requests, and recommended a case-by-case
consideration of these applications. As set forth in these criteria and requirements for an
application, the following items should be submitted with a request for vacation or abandonmept:
1. A minimum non - refundable application fee of $5,000.00, or the assessed land
value.
2. A title binder or title commitment or attorney's opinion of title.
3. A statement by the applicant as to how the vacation is in the best interest of the
general public.
4. The City's and other utilities' rights and needs for a utility easement. Any
AGENDA ITEM c.. 1 L
DATE 10 ~q-q~
relocation costs should be assumed by the applicant.
5. A recent topographic survey by a registered surveyor of the applicant's property
and the subject City property.
6. A plan showing the exact location and description of the subject City easement or
right-of-way, with the proposed improvements and use.
7. A map showing subject property and properties within a 375 foot radius.
8. A list of the property owners within the 375 foot radius, and their mailing addresses
on gummed labels.
9. A certified letter stating the source and completeness of the above mentioned real
property ownership list.
LRI of South Florida, Ltd. owner of 1100 Lincoln Road and Mark Kottler, the contract purchaser
of the property at 1623 Alton Road, have completed the above application requirements and are
requesting the vacation of the portion of South Lincoln Lane between Alton Road and Lenox
Court to accommodate the South Beach Cinema Project and the City I sElectric Wave charging
station.
On the September 25, 1996 City Commission meeting, this request was included in the Consent
Agenda and was referred to the next Land Use and Development Committee meeting.
ANALYSIS:
The applicants have submitted the application requirements together with a list of property owners
within a radius of 375 feet who have to be notified of the scheduled public hearing.
The applicants will be responsible for the cost of relocating the utilities that are presently in that
section of South Lincoln Lane and/or provide an equivalent easement if necessary.
CONCLUSION:
The City Commission should set a time and date for a public hearing following the Land Use and
Development Committee meeting for the review of this application to vacate a portion of South
Lincoln Lane between Alton Road and Lenox Court, in favor of LRI of South Florida and Mark
Kottler, as shown in the attached Exhibit A.
Ene!.
JGP/tJGdP/Vgk
y
SEVENTEENTH STREET
Portion of Lincoln
Lane to be vacated
~
liD
Proposed South Beach
'" Cinema Project
J
SIXTEENTH STREET
EXHIBIT A
N.T.S.