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RESOLUTION 91-20239 RESOLUTION NO. 91-20239 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH DECLARING THE PROPERTY LOCATED AT 1749 JEFFERSON AVENUE TO BE SURPLUS AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND PREPARE A PURCHASE AND SALE AGREEMENT FOR THE SALE OF THE PROPERTY TO THE DAUGHTERS OF ISRAEL, INC. WHEREAS, the City of Miami Beach (the "City") is the owner of the following described property (the "Subject Property") : Lot 13 , Block 21, Amended Golf Course Subdivision according to the plat thereof as recorded in Plat Book 6, Page 26, of the Public Records of Dade County, which is located at 1749 Jefferson Avenue, Miami Beach; and WHEREAS, the Subject Property is vacant and of little use to the City, and the City has no need for the Subject Property, and the Subject Property is therefore surplus to the needs of the City; and WHEREAS, the Miami Beach Redevelopment Agency instituted eminent domain proceedings against the property located at 151 Michigan Avenue and owned by the Daughters of Israel, Inc. ("Daughters of Israel") and which contained thereon a ritual bath (a "Mikvah") ; and WHEREAS the Miami Beach Redevelopment Agency entered into a settlement for the taking of the property at 151 Michigan Avenue and the City agreed to assist the Daughters of Israel in locating another site for a Mikvah; and WHEREAS, the Daughters of Israel have indicated to the City that the property located at 1741 Jefferson Avenue would be a suitable location for a Mikvah; and WHEREAS, the Planning Board, at its meeting of January 29, 1991, pursuant to public hearing, took the following actions: 1) Voted to recommend disposal of the Subject Property as surplus, and 2) Approved a conditional use permit for the use of the Subject Property for a Mikvah, subject to the City Commission declaring the Subject Property surplus and selling the Subject Property to the Daughters of Israel. 1 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1) The foregoing recitations are hereby incorporated herein by reference. 2) Lot 13, Block 21, Amended Golf Course Subdivision according to the plat thereof as recorded in Plat Book 6, Page 26, of the Public Records of Dade County, is hereby declared surplus property for the reasons stated herein. 3) The requirement for two appraisals as set forth in Resolution 86-18491 is hereby waived and instead only one appraisal shall be required because it is anticipated that the appraised value will be below $100, 000. 4) The City Manager and the City Attorney are hereby authorized to negotiate and prepare a Purchase and Sale Agreement for presentation to the City Commission at a future date which sale shall be subject to a) the City ultimately prevailing in any appeal of the conditional use granted by the Planning Board on January 29, 1991, and b) receipt of a title opinion which does not contain an exception for, or provides a means of curing, the restrictive covenant set forth in the deed dated November 24 , 1919 under which the City took title to the Subject Property. 5) The City Manager is authorized to obtain an appraisal for the Subject Property. PASSED and ADOPTED this 6th day of February , 1991. ATTEST: /1 io010e 4,,vrtAA---__. A A ♦ / City Clerk ay•r PNB: lm FORM APPROVED LEGAL DEPT. Date 2 • s•' RESOLUTION NO. 86-18491 A RESOLUTION APPROVING THE PROCEDURES BY WHICH PUBLIC PROPERTIES WILL BE CONSIDERED FOR SALE AND/OR LEASE WITHIN THE CITY OF MIAMI BEACH EXCLUSIVE OF THOSE PROPERTIES LOCATED WITHIN THE SOUTH POINTE REDEVELOPMENT AREA AND GOVERNED BY THE PROVISIONS OF ACT 163 OF FLORIDA STATUTES AS AMENDED. WHEREAS, the City Commission has reviewed methods by which the City will consider disposal of public property either through sale or lease and; WHEREAS, the City of Miami Beach Is desirous of establishing standards and guidelines by which public properties shall be considered for disposition; NOW THEREFORE BE IT DULY RESOLVED by the City Commission of the City of Miami Beach, Florida, that the following procedures shall be adhered to In considering City property for sale and/or lease: A. A legal opinon, Including a title search to determine If there are deed restrictions, covenants, or subdivision restrictions to whether or not the property can be disposed of shall be prepared. If the City Is Initiating a property for consideration, then it shall be the City's responsibility for obtaining the legal opinion including title work. If the City is approached by a private party for the use of certain City properties, then It shall be the responsibility of the private party for obtaining legal opinion and necessary title search. B. There shall be a determination as to whether or not adjacent property owners have vested interests In the property, and whether or not a Request for Proposal is necessary prior to entering Into sale and/or lease negotiations. If the City is initiating a property for consideration, then It shall be the City's responsibility for obtaining the determination. If the City is approached by a private party for the use of certain City properties, then it shall be the responsibility of the private party for obtaining the determination. C. The City or the proponent for lease or sale shall obtain two Independent appraisals of the fair market value of the property for Its Intended use. The appraiser shall be selected from a list provided by the City Attorney's Office. The determination of fair market value shall provide a basis for negotiation. It is not intended to be a fixed price, since other Clty objectives may Impact the value, such as offsetting Improvements, exchanged land, or other considerations that may become part of the sale or lease agreement. 16 D. 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. B. The City Planning Board shall hold at least one public hearing for consideration of necessary re-zoning and/or amendment to the comprehensive plan and In order to obtain citizen Input Into theP ossible lease or sale of City property. The Planning Department shall prepare an analysis of the proposed sale or lease using the following criteria: 1. Whether or not the proposed use is In keeping with City goals and objectives and conforms to the City comprehensive plan. 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. 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. 4. Determination as to whether o the development Is in * P keeping with the surrounding neighborhood, will block views, create other environmental intrusions, and the design and aesthetic considerations of the project. 5. The impact on adjacent properties, whether or not there is adequate parking, street, and Infrastructure needs. 6. A determination as to whether or not alternatives are available for the proposed disposition, including assembly of adjacent properties, and whether or the project could be accomplished under a private-ownership assembly. 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 disposi tion of property. 17 . .. . - ._- - ., - _. .. .,L..u.-- a:'at_.v.a.........'i.....-:.afi.a.i•:..-:'.-a.ax�. .'S.+. __ o.�1...2r•.".- --<......:..a't..i'n �.i .. _ 8. Such other issues as the PlanningDepartment and Planning P nn Ing Board may deem appropriate In their analysis of the appropriateness of the proposed disposition. F. Should the City or the proponent for the sale or lease not wisho t undertake a public bidding process, then the City or the proponent shall obtain the appropriate legal opinion that a public bidding process Is unnecessarY If the proponent is unable to obtain the necessary legal opinion, but wishes to proceed with sale and/or lease negotiations, then the sale or lease agreement shall be first negotitated, and then made available for others to bid against. G. Prior to the final approval by the City Commission of a sale or lease of City property, and after the amendments to the comprehensive plan or the Zoning Ordinance have been considered, all necessary variances shall also be obtained from the Board of Adjustment and incorporated Into the final sale or lease agreement for the property. PASSED AND ADOPTED THIS 18th DAY OF June I 1986. 4/4/111Le 11001 Mayor Attest: /grit,/City Clerk FOR r (. A 1., EftPT. I✓Fe1 ByMi..40.44-1-61W-a- R 9 ! � - t4 9oIS ie .:1_. r• - 'i v 5 i - •v -j..._ - .iJr ••wR •t:r -. : . .....•., ,i. •.,,.:�- 'a::-._..tet- .r:_7:ted.. ....;i J• n1 .:t.... .�'.1.'.ri..:Z"..... if:JW. ...._.. "''•'f. - t' - .....r..r.'-T'f...tiv x- ,.-..,.. .•..C. :.a „`a:. _ .,>-.•.r . s.._ eeo ditic veeetme Eeezd F L O R I A 3 3 1 9 * INCORZATED*5 "V A CA TIONL A NI) U. S. A• C OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 51(?ill, DATE: FEBRUARY 6, 1991 TO: Mayor Alex Da uIand Members o 'the City Com ssio FROM: Rob W. Parks - .4/0 City Manager #V►' PLANNING BOARD RECOMMENDATION - DISPOSAL OF PUBLIC SUBJECT: PROPERTY AT 1749 JEFFERSON AVENUE (FILE NO. 1072) THE REQUEST The City Administration has requested that the Planning Board consider recommending the disposal of a City owned parcel of land located at 1749 Jefferson Avenue as per the procedures established in Resolution #86-18491 and Zoning Ordinance 89-2665. The purpose of this request is to allow the relocation of an existing Mikvah, operated by the Daughters of Israel, from the redevelopment area into the subject property. On January 29, 1991 the Planning Board held a public hearing to consider the request. Following the hearing, the Board voted unanimously (7-0) to recommend that the City Commission approve the request for the disposal of the property in question. The Planning Board also unanimously approved (7-0) a Conditional Use permit for construction of a Mikvah on this site, subject to the Commission approving the disposition of this property. GUIDELINES FOR EVALUATING THE DISPOSITION OF PUBLIC PROPERTY On June 18, 1986, the City Commission adopted Resolution #86-18491 (see attached) which established the following procedures when considering the sale or lease of City Property. A response is herewith provided for each guideline: A. A legal opinion, including a title search to determine if there are deed restrictions,covenants,or subdivision restrictions to whether or not the property can be disposed of shall be prepared. The interested private party, Daughters of Israel, is preparing the title search which will be submitted prior to final disposition of the land. B. There shall be a determination as to whether or not adjacent property owners have vested interests in the property, and whether or not a Request for Proposal is necessary prior to entering into sale and/or lease negotiations. The interested private party will make this determination based on a review of the abstract which will be submitted prior to final disposition of the land. C. The City or the proponent for lease or sale shall obtain two independent appraisals of the fair market value of the property for its intended use. The City is obtaining an independent appraisal of the property. Only one appraisal is required when the value of the land is pre-determined to be less than $100,000. D. 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. AGENDA _c ITEM DATE .2- _ G i 1 .. .!. moi.. t. 7''' • 's J '.%'I•�i 'i r t' �J.a- ^•ti�.% •`.7tJ -�.L.-._a.1.1'.•l..•`�j►'9i..�.'1 f�i•3ti._. .�_.�. '�_.w• • t.^.i a:;:.Y�_..L.v7 7tit.•..:t.lL...[-:%;.::ii..-...<.++..:...r.........%4.i'."•.•s'a.=Sa_r:L..::- -......'-..r�:�.T.:.J:-:... .•,>.2)t'+t:K%+ve'at.•C`.cL;. ....i c=4.'...... ..'4.-.�.::�.+�'..,.• '`. ._....�.....:..�.•`�-•. The Public Works Department shall determine what burdens, if any, would result from the proposed use of the land. However, since this parcel of land could support a multi-family residential development, it is anticipated that the proposed use(Mikvah) will be less intense and thus would not place a burden on the City's infrastructure. E. The City Planning Board shall hold at least one public hearing for consideration of necessary re-zoning and/or amendment to the comprehensive plan and in order to obtain citizen input into the possible lease or sale of City property. The Planning and Zoning Department shall prepare an analysis of the proposed sale or lease using certain criteria. The criteria and the analysis for each, which were provided to the Board, follows: to Whether or not the proposed use is in keeping with City goals and objectives and conforms to the City Comprehensive Plan. The proposed use would not require an amendment to the Future Land Use Map and thus conforms to the Comprehensive Plan. 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. The property is currently vacant; therefore, any development would diminish the open space of the surrounding area. Traffic in the area will be increased, but not to the degree if the site were to be developed as a multi-family building. The proposed use would not significantly increase the noise levels. There is no indication that property values would diminish if a religious institution were to be built in the area. 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. The proposed use is in keeping with the Community's need to relocate the existing Mikvah from the Redevelopment Area. The City's revenue base would not be affected; however, the redevelopment of the existing Mikvah site will ultimately generate property tax revenue. 4. Determination as to whether or not the development is in keeping with the surrounding neighborhood, will block views, create other environmental intrusions, and the design and aesthetic considerations of the project. The surrounding neighborhood is single family in character with multi-family infill, as the area is zoned for apartments and condominiums. The design of the proposed use will need further refinement in order to' create a single-family residential appearance; it is appropriately designed in terms of scale and siting. Since the structure would be low-rise and landscaped, it should not block views or create other environmental intrusions. 5. The impact on adjacent properties, whether or not there is adequate parking, street, and infrastructure needs. Adequate parking has been provided on site. No infrastructure burdens are foreseen by the development of the site. 6. A determination as to whether or not alternatives are available for the proposed disposition, including assembly of adjacent properties, and whether or not the project could be accomplished under a private- ownership assembly. This project could conceivably be accomplished under private ownership assembly, but time is of the essence to relocate the existing Mikvah and prepare the site for the Cobb Townhome project in a timely manner. Under private ownership, adhering to such a close timetable would be difficult, if not impossible. 2 • 12 a .. .. ...__... ...>..._..n'..Y.' ..>._ • _... ♦ . -_ -s....--. r.?t� ..f .-� Y�..s... .�'f.'....�. ...... >,� . - ..�� _ 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. The property would be sold at fair market value. The project would not generate permanent new jobs, but would create temporary construction jobs. 8. Such other issues as the Planning Department and Planning Board may deem appropriate in their analysis of the appropriateness of the proposed disposition. It should be noted that the analysis of the disposition of this parcel is based on the proposed use of the site as a Mikvah. Should any other use be contemplated by any private interested party, a separate public hearing shall be required. Should the sale of land be approved, the applicant is required to obtain Conditional Use approval for the use of the site as a religious institution. Design Review Board approval is also required prior to the issuance of a building permit. F. Should the City or the proponent for the sale or lease not wish to undertake a public bidding process, then the City or the proponent shall obtain the appropriate legal opinion that a public bidding process is unnecessary. The City Attorney's Office shall make this determination prior to final disposition of the land. G. Prior to the final approval by the City Commission of a sale or lease of City property, and after the amendments to the comprehensive plan or the Zoning Ordinance have been considered, all necessary variances shall also be obtained from the Board of Adjustment and incorporated into the final sale or lease agreement for the property. The proposed use does not require an amendment to the Comprehensive Plan. Zoning Ordinance 89-2665 states in Section 6-12,B.2. Upon the sale of public property, the zoning district classification shall be determined by the Planning and Zoning Director whose decision shall be based upon the adjacent districts. The new zoning district classification shall be effective upon the recordation of the property on the public records. All lots fronting on Jefferson Avenue of Block 21 are zoned RM-1, Residential Multi-family Low Intensity. Should the subject property be declared surplus and disposed it shall also be zoned RM-1. Two variances have been identified. One is the encroachment in the north and south sideyard setback (by 1.5 ft.) of the parking spaces. The other variance is the encroachment of the walkway, along the side of the building, into the south side setback. It is important to note that the applicant agreed at the Planning Board public hearing to modify the site plan to eliminate the need for variances. ADMINISTRATION RECOMMENDATION Based on the Planning and Zoning Department's analysis of the guidelines as set forth in resolution 86-18491 and the Planning Board's recommendation for approval to the City Commission on the disposition of the subject parcel of land for the purposes of constructing a Mikvah on the site, the Administration recommends approval of the disposition. RWP:DJG:JG:jm Attachment commisn\1072.91 3 • ..3 URC NAL RESOLUTION NO. 91-20239 Declaring the property located at 1 749 Jefferson Avenue to be surplus and authorizing the City Manager and City Attorney to negotiate and prepare a purchase and sale agreement for the sale of the property to the Daughters of Israel, Inc.I