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2003-25215 Reso RESOLUTION NO. 2003-25215 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING TO HEAR PUBLIC COMMENT ON SAME, APPROVING AND AUTHORIZING THE VACATION OF A PORTION OF THE EAST-WEST ALLEY IN BLOCK 12, OF BISCAYNE POINT ISLAND, MIAMI BEACH, FLORIDA, IN FAVOR OF ETHEL A. STRATTON, OWNER OF THE ADJACENT PROPERTY LOCATED AT 8040 CECIL STREET; WAIVING BY SI7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS PURSUANT TO ORDINANCE NO. 92-2783, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE THE TRANSACTION, INCLUDING A QUITCLAIM DEED, SUBJECT TO FINAL REVIEW OF SAME BY THE CITY ATTORNEY'S OFFICE. WHEREAS, Ethel Stratton (Owner/Applicant) owns the property located at 8040 Cecil Street, Miami Beach, legally described as Lot 4 and Lot 5, Block 12, ofBiscayne Point Subdivision, as recorded in Plat Book 14, Page 35 of the Public Records of Miami-Dade County, Florida (the Property); and WHEREAS, there is an east-west platted alley in Block 12 to the south of Lots 4 and 5 (the Alley); and WHEREAS, the Owner/Applicant is requesting the vacation of the portion of the Alley adjacent to the Property, as shown in the attached Exhibit "A"; and WHEREAS, Owner/Applicant has complied with the application requirements for vacation of City rights-of-ways, and, pursuant to Ordinance No. 92-2783, governing the sale and/or lease of public property, the Mayor and City Commission held a duly noticed public hearing to hear public comment on this request for vacation, on May 21, 2003; and WHEREAS, a Planning Department study has also been prepared with respect to the subject vacation, as required by Ordinance No. 92-2783; further, the Administration would recommend that the Mayor and City Clerk waive by 5/7ths vote, the appraisal and competitive bidding requirements, as permitted by Ordinance No. 92-2783. Page 1 of2 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that following a duly noticed public hearing to hear public comment on same, approve and authorize the vacation of a portion of the east-west alley in Block 12, of Biscayne Point Island, Miami Beach, Florida, in favor of Ethel Stratton, owner of the adjacent property located at 8040 Cecil Street, while maintaining a five (5') feet wide utility easement adjacent to the vacated alley centerline; waiving by 5/7ths vote, the competitive bidding and appraisal requirements pursuant to Ordinance No. 92-2783, finding such waiver to be in the best interest ofthe City; further authorizing the Mayor and City Clerk to execute any and all documents to effectuate the transaction, including a quitclaim deed, subject to final review of same by the City Attorney's office. PASSED and ADOPTED this 21st day of May ,2003 rmwK' PtU~ CITY CLERK ATTEST: F:\ WORK\$ALLWGK\COMMEMOIMA Y2103\BiscP1VacResos.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Page 2 of2 ~ \" ~ ~ i );. ~ ~ ~ 5 i J ,- ai !I I !I e I la _I " !t -~ If '" - :s ~ ~ 8 I- ... o .... .... .... c{>#' i i b! ;:::;! LOT 4 (".,I' ! , Not Found .;; ------ ii.\. \ i8._ ,*__ ~ ~ ~.. FND.I.PlI2. ;0,\'/\; (!.ID...!..~L;",(;7\L'x/::rr-. f_c l !:b 4 CLF-:! ~ ---t----------.---. - Not Found LOn BLK 12 , , , , , , , ONE STORY CBS RES~NCE '804D . , , . . ! .... ... ~ .... f Q.. b - R f8 '" ... ~, -f-2.3'PL ~ /~ ~ 14.80' I I I I I I . I I ' I ' I l . I I I '-T 2500--4 5000' t~al RM' I ! I I I Sl::I~tp. Not Foundl I OFNrll.P 112" LOT 6 BLK 12 : (N~ ID)J AREA OF ALLEY ------ TO BE VACATED FIVE (5) FT. UTILITY EASEMENT J b N ~ f-;. I:tl ~ C/) -J - @ () EXHIBIT "A~ . CiTY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ Condensed Title: A Resolution approving and authorizing the vacation of portions of the east-west alley in Block 12 of Biscayne Point Island, to the adjacent property owners at: 1315 ,1355 Cleveland Road, 8000, 8040 Cecil Street and 1320 N. Biscavne Point Rd. Issue: Shall the remaining portions of the east-west alley in Block 12 of Biscayne Point Island be vacated/abandoned to the adjacent property owners? Item Summary/Recommendation: Biscayne Point Island has an east-west platted alley in Block 12, portions of which the City had vacated to the adjacent property owners in 1983 and 1991, while maintaining a 10 foot wide utility easement in the center. Owners of the properties adjacent to the remaining portions of this alley have recently submitted an application requesting the City to vacate/quit-claim that portion of alley adjacent to their property. The owners of these properties have complied with the application requirements, but have submitted a combined $5,000 application fee and are requesting the Commission to waive by 5/7ths vote, pursuant to Ordinance NO.92-2783, the competitive bidding and appraisal requirements. A Resolution scheduling a public hearing was adopted on April 30, 2003 and property owners within a radius of 375 feet from Block 12 were notified. The Administration recommends approval of the Resolution while maintaining a 10 foot easement in the center of the vacated alley and the requirement for owners to comply with all planning and zoning rules and regulations for any improvements/construction within this vacated alley. Adviso Board Recommendation: The Land Use and Development Committee considered the issue of a fee waiver for this easement and determined not to waive the application fee. The Committee did support the administration suggestion that in this situation a rou a Ii cation and fee was a ro riate. Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept. Total Cit Clerk's Office Le islative Trackin Gary Kokorian, Public Works Si n-Offs: Department Director AGENDA ITEM DATE R7( S-;?j-o 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us To: From: Subject: COMMISSION MEMORANDUM Date May 21, 2003 Mayor David Dermer and Members of the City Commission :::::~~ ~! ~y~71:;m COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING TO HEAR PUBLIC COMMENT ON SAME, APPROVING AND AUTHORIZING THE VACATION OF A PORTION OF THE EAST-WEST ALLEY IN BLOCK 12, LOCATED ON BISCAYNE POINT ISLAND, MIAMI BEACH, FLORIDA, BETWEEN N. BISCAYNE POINT ROAD AND CECIL STREET, TO EACH OF THE FOLLOWING ADJACENT PROPERTY OWNERS AS INDIVIDUALLY LISTED IN THE ATTACHED RESOLUTIONS: 1315 CLEVELAND ROAD, 1355 CLEVELAND ROAD, 8000 CECIL STREET, 8040 CECIL STREET AND 1320 N. BISCAYNE POINT ROAD; WAIVING BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, PURSUANT TO ORDINANCE NO. 92- 2783, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE THE TRANSACTION, INCLUDING A QUITCLAIM DEED, SUBJECT TO FINAL REVIEW OF SAME BY THE CITY ATTORNEY'S OFFICE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Biscayne Point Island has an east-west platted alley in Block 12 as shown in the attached Exhibit "An. In 1983 the City adopted Resolution 83-17368 vacating portion of this 20 feet alley to the adjacent property owner of Lots 14 and 15, while maintaining a 10' utility easement in the center of the alley. In 1991, the City vacated the 10' portion of this alley adjacent to Lots 1,30 ft of Lot 2 and 10 to 13. In 2002, the following property owners/applicants requested vacation of the remaining portions of the alley to the centerline, adjacent to their properties: 1. Frank Avila, 8000 Cecil Street 2. Ethel Stratton 8040 Cecil Street 3. Ana C. Fuentes 1315 Cleveland Road 4. Mr. and Mrs. Daniel B. Haber 1355 Cleveland Road 5, Lilian Janini 1320 North Biscayne Point Road At the time of the initial request, the property owners requested a waiver of the application fee. The request was considered by the Land Use and Development Committee on July 3, 2002, and the report submitted to the Commission on July 31,2002. Following a discussion of the report, the Commission determined that the application fee should stay in place with the ability of individual applicants to make their case before the entire Commission for a fee waiver. In April 2003, the owners of the five properties mentioned above filed an application with the City requesting the vacation/abandonment of the 10 foot portion to the centerline of the alley adjacent to their properties, The City, pursuant to City Code, Chapter 82, Article II, Section 82-37, prior to the vacation of this alley, on the April 30, 2003 commission meeting scheduled a public hearing to be held on May 21, 2003 to consider this request. ANALYSIS The owners of the properties listed above have complied with the application requirements by submitting a combined $5,000 application fee and provided a list of property owners within a radius of 375 feet from Block 12 who were notified of this scheduled public hearing, in addition to notices in the media. The City Administration following reviews by Public Works Department and an analysis by the Planning Department (see attached copy), is recommending the vacation ofthis 20 feet alley, on condition of maintaining a 5 feet utility easement on either side of the centerline of the alley for a total of 10 feet. A question was raised whether a tot-lot could be installed in the typical vacated 10ft. by 60 ft. area; according to standards published by the National Recreation and Parks Association's National Playground Safety Institute, a 10' x 60' can not be safely used for a tot-lot. However, the total combined width of the vacated alley and the existing setback portion of the property may be sufficient for a tot-lot, provided that the City's zoning requirements are met. Because, by the definitions of Ordinance No. 92-2783, the vacation of this alley is considered a conveyance transaction of city property, the Ordinance requires that an advertised public bidding process and an independent appraisal of the fair market value be done prior to abandoning such property. However a 5/7ths vote of the City Commission can waive these requirements of the Ordinance. The applicants/property owners are requesting the City Commission to waive the competitive bidding and appraisal requirements for this vacation. The Administration considers this vacation of portions of this alley to be in the best interest of the City and recommends the waiver of the appraisal and public bidding. CONCLUSION The Administration recommends the City Commission approve and authorize five (5) resolutions, following a duly noticed public hearing to hear public comments on same, the vacation of a portion of the east-west alley in Block 12 of Biscayne Point Island, between N. Biscayne Point Road and Cecil Street, to each of the following adjacent property owners as individually listed in the attached resolutions: 1315 Cleveland Road, 1355 Cleveland Road, 8000 Cecil Street, 8040 Cecil Street and 1320 N. Biscayne Point Road. Additionally waiving by a 5/7ths vote, the competitive bidding and appraisal requirements, pursuant to Ordinance No, 92-2783; and authorizing the Mayor and City Clerk to execute any and all documents to effectuate the transaction, including a Quitclaim Deed, subject to final review of same by the City Attorney's Office. Attachment JMG/RCM/FHB/RH/AVNGK T:\AGENDA \2003\may2103\regular\Biscayne Point VacatingofAlley.doc -C~~ r-7 247 " ~ ..... .~ II. a OZ N::i . ~ U) . ~- :CUI- 1-01 -"'0 !!1Da. Zc:Jw ><ZZ w->- ~c 0(.) Zen en- ID From: CITY OF MIAMI BEACH . . i..' Planning 'Interoffr~! Memorandum uJ Li ~ i I 4 h'l I: 54 Cristina M.G.l;I~r:vO . i.; : .~, ,t;IIiEin Assistant City Manager Jorge G. Gomez, AICP ~ Planning Director re.J ~ To: Date: May 14, 2003 Subject: PLANNING ANALYSIS PURSUANT TO SHAPIRO ORDINACE In accordance with Section 82-38 of the City of Miami Beach code, the Planning Department shall prepare an analysis for the City Commission and the public that outlines all conditions relating to the proposed sale and/or lease of city property, The following analysis applies to the vacation of an alley abutting the rear following properties: 1. 8000 Cecil Street 2, 8040 Cecil Street 3. 1315 Cleveland Road 4, 1355 Cleveland Road 5. 1320 North Biscayne Point Road 1. Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city comprehensive plan. The proposed alley vacation conforms to the city's goals and objectives and the Comprehensive Plan. The Comprehensive Plan identifies that Right-of-Way protection as an objective of the Traffic Circulation Element; however, the subject alley is a non-essential element of the transportation system of the City of Miami Beach. Prior resolutions have been granted by the City Commission authorizing the vacation or portions of the alley to adjacent property owners. This vacation request completes the transfer of the alley to the remaining adjacent property owners. 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or 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 proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. The proposed vacation is not expected to have any detrimental impact on the adjacent properties. The subject alley is not an active vehicular right-of-way and as such, will not increase the traffic or noise level. The alley is not part of the city's Open Space system and as such, will not compromise the goals of the Recreation and Open Space Element of the Comprehensive plan. The proposed vacation includes a provision to provide a 5' - 0" utility easement in order to accommodate city utilities and other infrastructure needs. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the city's revenue base, reducing city costs, creating jobs, creating a significant revenue stream, and improving the community's overall quality of life. By vacating the alley, the city dissolves all liabilities associated with maintaining the alley, thereby reducing overall costs. Additionally, by converting the subject alley to taxable property, the city can generate a revenue stream from the subject alley. 4. Determination as to whether or not the development 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 project. In 1983, (Resolution 83-17368) and 1991 (Resolution 91-20250), the City Commission granted the vacation of other portions of the alley to adjacent property owners. Since the alley has previously been vacated, the vacation of additional portions of the alley is in keeping with the surrounding neighborhood, The vacation is not expected to block views or create environmental intrusions. 5. The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. The vacation shall not increase the parking requirement in the vicinity of the alley. The provision to create a 5' - 0" utility easement is included to protect the city's current and/or future infrastructure needs. 6. A determination as to whether or not alternatives are available for the proposed disposition, including assembly of adjacent properties, and whether the project could be accomplished under a private ownership assembly. No alternatives have been proposed. 7. Within the constraints of public objectives, the department should examine financial issues such as job generation, providing housing opportunities, and the return to the city for its disposition of property. By vacating the alley, the city dissolves all liabilities associated with maintaining the alley, thereby reducing overall costs, Additionally, by converting the subject alley to taxable property, the city can generate a revenue stream from the subject property, 8. Such other issues as the planning, design and historic preservation division may deem appropriate in analysis of the proposed disposition. None. JG~~D c: L:IPLANI$ALLIShapiro amend fileslBiscayne PointAJleyVacation - Block 12.doc ,., . ZZI ~ &l;i 247 Q. ~~ ~. ,oS' u.Q OZ Nj ....(1) = ~- ~U'" i-O! -"'0 lama. - fit 2:e>>W ><ZZ LLI-> Ie Ou :1:(1) (1)- fa ~ 'a f CD ::c CD ~ c 1:1 - ",' ~ ,..: >- c ::Ii ~ Q ff3 z Q ... ~ E o ~ 'a f CD 1 l I CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the City Commission of the City of Miami Beach, in the Commission Chambers, 3rd floor, City Hall. 1700 COnvention Center Drive, Miami Beach, Aorida, on Wednesday,. May 21. 2IIll3 1110:40 a.m. To Consider Public Comment, As Required By Ordinance No. 92-2783, Regarding: 1. The vacation Of Portions Of The East -West Alley In BloCk 12, Located On Biscayne Point Island, Miami Beach, Rorida, Between N. Biscayne Point Road And Cecil Street, To Each Of The Following Adjacent Properly Owners At 1315 Cleveland Road, 2, The Vacation Of Portions Of The East-West Alley In Block 12, Located On Biscayne Point Island, Miami Beach, Rorida, Between N. Biscayne Point Road And Cecil Street, To Each Of The following Adjacent Properly Owners At 1355 Cleveland Road, 3. The vacation Of PortIons Of The East-West Alley In BloCk 12, Located On Blscayne Point Island, Miami Beach, Florida, Between N, Biscayne Point Road And Cecil Street, To Each Of The Following Adjacent Property Owners At 8000 Cecil Street, 4. The Vacation Of PortIons Of the East-west Alley In 810ck 12, Located On Biscayne Point Island, Mil!/Tl1 Beach, Rorida, Between N. Biscayne Point Road And Cecil Street, To Each 01 The Following Adjacent Property Owners At 8040 Cecil Street. 5. The vacation 01 PortionS Of The East-West Alley In Block 12, Located On Biscayne Point Island. Miami Beach, Rorida, Between N. Biscayne Point Road And Cecil street. To Each Of The Following Adjacent Property Owners At 1320 N, Biscayne Point Road. INQUIIUES may be directed to ltIe Public Works Division at (305) 673-7080. ALL INTERESTED PAR1lES are invited to appear at this hearing, be represented by an agent, or to express their views in writing addressed to the City Commission, rJo the City Clerk, 1700 Convention Center Drive, 1st Aoor, City Hall, Miami Beach, Florida 33139, This meeting may be continued and Undllf such circumstances addltlonallegal notice would not be provided, Robert E. Parcher, City Clerk City of Miami Beach _" _ 286.0105. Aa. Slat. \I1e ClIy_ _.. pljlIIc_W. _docidol" optJIOl fIIY _....."''''''ClIy~''''''.._"fIIY__lli\amoaling...i\a_-- must......lhaI. _llm""",lIIlllt ~ "mada,_ __IIla_m- ~ whiChllltapolllll ""bo_.TIia __ ..._...-",,,,,, ClIybllla --... __atolharWlM- ...--.. ...-.--............-- _",IIIw. ,,_wlth""'_wlthlllltbl_A<tllll990,__1IlfClaI ~.,...cIolIon,,1*fi<ipaIII "this ~,,,,"IfClUO'l_oo """,Iorpenonowlth -....llllfClUO'ltllia.......-in ___flrmIl....lo_eign- __--IIlaCllyllalt<'a-1l(305)61H4".no __b<dlIya ,"""Ollila _. n_lmpaIrad._1Ila CltyQal1<'a_NIhaRorilll-' __(8OIl)955..n"(TT'/)..(8OIl)~71D(V0ICE). Ad.,12 . This Instrument Prepared By Raul J. Aguila First Assistant City Attomey City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 QUIT-CLAIM DEED THIS QUIT CLAIM DEED, made this .:l..' Sldayof (1.-1 ~/, 2003, by first party, CITY OF MIAMI BEACH, a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139, to second party, ETHEL A. STRATTON, a single woman, whose address is 8040 Cecil Street, Miami Beach, Florida 33141. WITNESSETH, that the first party, for good consideration and for the sum of TEN DOLLARS AND NO/100 ($10.00) paid by the said second party, the receipt whereof is hereby acknowledged, and pursuant to the authorization granted in, and subject to the conditions of, City of Miami Beach Resolution Number 2003-25215, a copy of which is attached as Exhibit "A" hereto, does hereby remise, release and quitclaim unto the said second party forever, all right, title interest and claim which the said first party has in and to the following described parcel of land and improvements and appurtenances thereto in the County of Miami-Dade, State of Florida to wit: The North 10.00 feet of a 20 foot alley bounded on the West by the Southerly Extension of the West Line of Lot 4, Bock 12 and bounded on the East by the Southerly Extension of the East Line of Lot 5, Block 12. All in Biscayne Point, according to the Plat thereof, as recorded in Plat Book 14, Page 35 of the Public Records of Miami-Dade County, Florida, as specifically delineated in the sketch in Exhibit "B", attached and incorporated hereto. TO HA VE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of said party of the second part. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence. 1 MCi.;t.{^' f~ )i1{}~;:tt;"i12~ Witness {- Print Name ~.//J,."i,1 f. .,l-1/Y17;f.!P ;) ~A/I~v!dvJ Cl~~-lA-A J Witness Print Name Nt:~IU.'..~:lJ/"1 IA'. L,(..,04 M.l CITY OF muni;Cipa1 c~ t EACH, a Florida ATTEST: ~Lla rtU~ C TY CLERK By: Na a d Title: Mayor .,..,...,...... 1700 Convention Center Drive ~AFIO, Flo.!ida 33139 FORM a LANGUAGI"~~ . fOR EXECUTiON .' , /"') l;,) , ,I, ,~ /.)/'jO::' //'~ J j-'7"l"l:"'''~/~'' /': "',','1!.~':' ::S' //(/, "'" ''''''. r r' '-r-- '1-'/'.[ ,.w. (~\)'r STATE OF FLORIDA ) ) ) SS COUNTY OF DADE The fore oing instrument was acknowledged before me this ~ (j ~ day of , 2003, by David Dermer, as Mayor of the CITY OF MIAMI BEACH, a Florida munici I corporation, and who being first duly sworn by me, deposes and says that he executed the foregoing instrument for the purposes therein expresses. He is personally known to me (~r has produced , as identification. 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