Resolution 2023-32823RESOLUTION NO: 2023-32823
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
PROCESS PLANNING BOARD AND HISTORIC PRESERVATION BOARD
APPLICATIONS BY 7410, LLC ("DEVELOPER") IN CONNECTION WITH
THE PROPOSED REDEVELOPMENT OF 7410 COLLINS AVENUE AND
7401-25 HARDING AVENUE, PROVIDED SUCH APPLICATIONS SHALL
NOT BE SUBMITTED TO SUCH BOARDS UNTIL DEVELOPER HAS
OBTAINED APPROVAL FROM THE MAYOR AND CITY COMMISSION OF
THE AIR RIGHTS EASEMENT ACROSS COLLINS COURT NEEDED TO
CONSTRUCT THE PROJECT AS CONTEMPLATED.
WHEREAS, at its July 26, 2023 meeting, the City Commission approved a
referral to the Finance and Economic Resiliency Committee ("FERC") meeting to
discuss the conveyance of an air rights easement for open vehicular access as part of
the proposed redevelopment by 7410, LLC ("Developer") of 7410 Collins Avenue and
7401-25 Harding Avenue (the "Project"); and
WHEREAS, the Developer is engaged in discussions with the Administration
relating to the purchase of a perpetual air rights easement consisting of approximately
600 square feet across Collins Court to accommodate an open vehicular bridge that
would connect the parking garage elements of the two buildings within the Project; and
WHEREAS, pursuant to Section 82-37 of the City Code, the air rights easement
requires review of its proposed terms by the FERC and the approval by the City
Commission; and
WHEREAS, Section 82-38 of the Code requires a planning analysis of the
proposed sale, and Section 82-39 of the Code requires a fair market value appraisal and
WHEREAS, the Administration has engaged an appraiser to conduct the fair
market value appraisal and it is anticipated the fair market value appraisal will be ready
by the end of October 2023; and
WHEREAS, because of the November 7, 2023 election, this item will not return
to FERC until January 2024; and
WHEREAS, consequently, the soonest the approval of the air rights easement could
take place is February 2024; and
WHEREAS, to keep the Project moving forward, the Developer would like to
commence processing its Planning Board and Historic Preservation Board applications (the
"Land Use Board Applications"; and
WHEREAS, as the Developer does not yet own the air rights easement, it cannot
formally submit the Land Use Board Applications; and
WHEREAS, in response to a question posed at the FERC's October 16, 2023
meeting by Vice Mayor Richardson, Chairman of the FERC, the City Attorney advised that
the Mayor and City Commission could authorize the Administration to commence
processing the City Land Use Board Applications, provided these should not be submitted
for consideration by the two bodies until such time as the air rights easement has been
approved by the Mayor and City Commission.
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 authorize the Administration to process planning board and historic
preservation board applications by 7410, LLC ("Developer") in connection with the proposed
redevelopment of 7410 Collins avenue and 7401-25 Harding Avenue, provided such
applications shall not be submitted to such boards until Developer has obtained approval
from the Mayor and City Commission of the air rights easement across Collins Court needed
to construct the project a contemplated.
PASSED AND ADOPTED this I S
ATTEST:
OCT. 2 0 2023
Rafael E. Granado, City Clerk
day of 064b.er 2023.
xc2z��� - -
Dan Gelber, Mayor
Kk
c0aPrl Ni,
APPROVED AS TO
el,
FORM & LANGUAGE
.11
& FOR EXECUTION
2
m ,)6 j ?mz 3
For City Attorney Date
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Manager
FROM: K� Rafael A. Paz, City Attorney
vc-e_�,
DATE: October 18, 2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF. MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
PROCESS PLANNING BOARD AND HISTORIC PRESERVATION BOARD
APPLICATIONS BY 7410, LLC ("DEVELOPER") IN CONNECTION WITH
THE PROPOSED REDEVELOPMENT OF' 7410 COLLINS AVENUE AND
7401-25 HARDING AVENUE, PROVIDED SUCH APPLICATIONS SHALL
NOT BE SUBMITTED TO SUCH BOARDS UNTIL DEVELOPER HAS
OBTAINED APPROVAL FROM THE MAYOR AND CITY COMMISSION OF
THE AIR RIGHTS EASEMENT ACROSS COLLINS COURT NEEDED TO
CONSTRUCT THE PROJECT AS CONTEMPLATED.
The attached Resolution was prepared at,the request of Vice -Mayor David Richardson
following discussion at the October 16, 2023 Finance and Economic Resiliency
Committee meeting.
At its July 26, 2023 meeting, the City Commission approved a referral to the Finance and
Economic Resiliency Committee ("FERC") meeting to discuss the conveyance of an air
rights easement for open vehicular access as part of the proposed redevelopment by
7410, LLC ("Developer") of 7410 Collins Avenue and 7401-25 Harding Avenue (the
"Project"). -
The Developer is engaged in discussions with the Administration relating to the,purchase
of a perpetual air rights. easement consisting of approximately 600 square feet across
Collins Court to accommodate an open vehicular bridge that would .connect the parking
garage elements of the two buildings within the Project.
Pursuant to Section 82-37 of the City Code, the air rights easement requires review of its
proposed terms by the FERC and the approval by the City .Commission. Section 82-38
of the Code requires a planning analysis of the proposed sale, and Section 82-39 of the
Code requires a fair market value appraisal. The Administration has engaged an
appraiser to conduct the fair market value appraisal and it is anticipated the fair market
value appraisal will be ready by the end of October 2023.
Commission Memorandum
October 18, 2023
Page 2
Because of the November 7, 2023 election, this item will not return to FERC until January
2024. Consequently, the soonest the approval of the air rights easement could take place
is February 2024. To keep the Project moving forward, the Developer would like to
commence processing its Planning Board and Historic Preservation Board applications
(the "Land Use Board Applications"). As the Developer does not yet own the air rights
easement, it cannot formally submit the Land Use Board Applications. In response to a
question posed at the FERC's October 16, 2023 meeting by Vice Mayor Richardson,
Chairman of the FERC, the City Attorney advised that the Mayor and City Commission
could authorize the Administration to commence processing the City Land Use Board
Applications, provided these should not be submitted for consideration by the two bodies
until such time as the air rights easement has been approved by the Mayor and City
Commission. Based on the foregoing, the FERC unanimously agreed to recommend that
the Mayor and City Commission authorize the Administration to commence to process
the Developer's Land Use Board Applications.
RAP/RD/ag
Resolutions - C7 AF
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: October 18, 2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE ADMINISTRATION TO PROCESS PLANNING BOARD AND HISTORIC
PRESERVATION BOARD APPLICATIONS BY 7410, LLC ("DEVELOPER") IN CONNECTION WITH THE
PROPOSED REDEVELOPMENT OF 7410 COLLINS AVENUE AND 7401-25 HARDING AVENUE, PROVIDED
SUCH APPLICATIONS SHALL NOT BE SUBMITTED TO SUCH BOARDS UNTIL DEVELOPER HAS
OBTAINED APPROVAL FROM THE MAYOR AND CITY COMMISSION OF THE AIR RIGHTS EASEMENT
ACROSS COLLINS COURT NEEDED TO CONSTRUCT THE PROJECTAS CONTEMPLATED.
ANALYSIS
See attached Commission Memorandum
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Vice -Mayor David Richardson
ATTACHMENTS:
Description
Commission Memorandum
Resolution
51
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Manager
FROM: �o� Rafael A. Paz, City Attorney
-Jor�--- / z_
DATE: October 18, 2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
PROCESS PLANNING BOARD AND HISTORIC PRESERVATION BOARD
APPLICATIONS BY 7410, LLC ("DEVELOPER") IN CONNECTION WITH
THE PROPOSED, REDEVELOPMENT OF 7410 COLLINS AVENUE AND
7401-25 HARDING AVENUE, PROVIDED SUCH APPLICATIONS SHALL
NOT BE SUBMITTED TO SUCH BOARDS UNTIL DEVELOPER HAS
OBTAINED APPROVAL FROM THE MAYOR AND CITY COMMISSION OF
THE AIR RIGHTS EASEMENT ACROSS COLLINS COURT NEEDED TO
CONSTRUCT THE PROJECT AS CONTEMPLATED.
The attached Resolution was prepared at the request of Vice -Mayor David Richardson
following discussion at the October 16, 2023 Finance and Economic Resiliency
Committee meeting.
At its July 26, 2023 meeting, the City Commission approved a referral to the Finance and
Economic Resiliency Committee ("FERC") meeting to discuss the conveyance of an air
rights easement for open vehicular access as part of the proposed redevelopment by
7410, LLC ("Developer") of 7410 Collins Avenue and 7401-25 Harding Avenue (the
"Project").
The Developer is engaged in discussions with the Administration relating to the purchase
of a perpetual air rights easement consisting of approximately 600 square feet across
Collins Court to accommodate an open vehicular bridge that would connect the parking
garage elements of the two buildings within the Project.
Pursuant to Section 82-37 of the City Code, the air rights easement requires review of its
proposed terms by the FERC and the approval by the City Commission. Section 82-38
of the Code requires a planning analysis of the proposed sale, and Section 82-39 of the
Code requires a fair market value appraisal. The Administration has engaged an
appraiser to conduct the fair market value appraisal and it is anticipated the fair market
value appraisal will be ready by the end of October 2023.
52
Commissiort Memorandum
October 18, 2023
Page 2
Because of the November 7, 2023 election, this item will not return to FERC until January
2024. Consequently, the soonest the approval of the air rights easement could take place
is February 2024. To keep the Project moving forward, the Developer would like to
commence processing its Planning Board and Historic Preservation Board applications
(the "Land Use Board Applications"). As the Developer does not yet own the air rights
easement, it cannot formally submit the Land Use Board Applications. In response to a
question posed at the FERC's October 16, 2023 meeting by Vice Mayor Richardson,
Chairman of the FERC, the City Attorney advised that the Mayor and City Commission
could authorize the Administration to commence processing the City Land Use Board
Applications, provided these should not be submitted for consideration by the two bodies
until such time as the air rights easement has been approved by the Mayor and City
Commission. Based on the foregoing, the FERC unanimously agreed to recommend that
the Mayor and City Commission authorize the Administration to commence to process
the Developer's Land Use Board Applications.
RAP/RD/ag
53