Resolution 86-18491 ,a< _ 4•
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RESOLUTION NO. 86-18491
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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 City
objectives may impact the value, such as offsetting improvements,
exchanged land, or other considerations that may become part of the sale or
lease agreement.
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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.
E. The City Planning Board shall hold at least one public hearing for
consideration of necessaryre-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 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
City'srevenue base, reducing .City casts•
expanding the �,
creating jobs, creating, a significant revenue stream and
improving the community's overall quality of life.
4. Determination as to whether or 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.
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 disposition of property.
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8. Such other issues as the Planning Department and Planning
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 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. If the
proponent is unable to obtain the necessary legal opinion, but wishesto
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 _, 1986.
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Mayor
Attest:
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City Clerk
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LEGAL. DEPT.
By
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RESOLUTION NO. 86-18491
approving the procedures by which public L , am
properties will be considered for sale
and/or lease within the C.M.B. . . . . . . .
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