2004-25622 ResoRESOLUTION NO. 2004-25622
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING
TO CONSIDER PUBLIC COMMENT, AS REQUIRED BY THE CITY'S
GUIDELINES FOR VACATION OR ABANDONMENT OF STREETS
OR OTHER RIGHTS-OF-WAY AND PURSUANT TO SECTION 82-37
OF THE CITY CODE (ORDINANCE NO. 92-2783), REGARDING THE
VACATION OF A PORTION (THE NORTHERN HALF) OF THE WEST
59TH STREET STREET-END, WEST OF NORTH BAY ROAD, IN
FAVOR OF WILLIAM THOMAS HARRIS III AND RICHARD
KOENIGSBERG, AS TRUSTEES (THE "TOM HARRIS TRUST"),
OWNER OF THE ADJACENT PROPERTY LOCATED AT 5900
NORTH BAY ROAD.
WHEREAS, when LaGorce-Golf Subdivision was platted in 1925, a portion respectively,
of the West 56th and 59th Street street-ends adjacent to the Bay, were retained as private property
owned by the adjacent property owners; and
WHEREAS, pursuant to a request for vacation of the aforestated street-end by the
respective adjacent property owners, and due to the aforementioned unique situation, the Mayor
and City Commission, on March 20, 2002, upon the recommendation of the Land Use and
Development Committee, directed the Administration to consider the vacation of these street-ends
to the adjacent property owners, maintaining all the necessary utility easements; and
WHEREAS, the Tom Harris Trust (Applicant), is one of the adjacent property owners,
residing at 5900 North Bay Road, and has requested the vacation of the northern portion of the
West 59th Street street-end; and
WHEREAS the City's Public Works Department has received and reviewed the
Applicant's request for vacation and hereby certifies that the Applicant has complied with the
City's application submittal requirements for such vacation; and
WHEREAS, pursuant to the City's guidelines for vacation or abandonment of streets or
other rights-of-way, the Applicant is also required to comply with the requirements of Miami
Beach City Code, Section 82-37 (Ordinance No. 92-2783); accordingly the Mayor and City
Commission are required to hold a public hearing to hear public comment as to the aforestated
request for vacation.
Page 1 of 2
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 the vacation of the northern half of the West 59th Street street-end, in favor of William
Thomas Harris III and Richard Koenigsberg, as Trustees (The "Tom Harris Trust"), as the
adjacent property owner, residing at 5900 North Bay Road, 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 Sept ;~ Y S~ ~, 2004, beginning at 10:15 a .m., and the
City Clerk is hereby authorized and directed to publish appropriate Public Notice of said Public
Hearing at which time and place all interested parties will be heard.
PASSED and ADOPTED this
ATTEST:
CITY CLERK
7th day of July 004~
MAYOR
T:~AGENDA~004Llu10704\Consent\59thStreetHarrisReso.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Ci~ Aaome~
Page 2 of 2
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution calling a public hearing to consider public comments, as required by Ordinance no. 92-2783, I
regarding the vacation of a portion of West 59t~ Street street-end, west of North Bay Road, in favor of
I
Thomas Harris, owner of the adjacent property located at 5900 North Bay Road.
Issue:
Shall a public hearing be scheduled to consider vacation of a portion of West 59m Street street-end, west
of North Bay Road?
Item Summary/Recommendation:
City right-of-ways have been vacated previously by criteria established by the City in 1989 and City Code,
Chapter 82, Article II, Section 82-37. When originally platted, 56th and 59th Street street-ends were unique
situations, in that the extreme ends of the streets at the bay are privately owned by the adjacent property
owners. The City Commission on March 20, 2002, following the recommendation of the Land Use and
th th
Development Committee, directed the vacating of West 56 and West 59 Streets from North Bay Road to
the privately owned street-end, to the adjacent property owners, while maintaining all the necessary utility
easements. The property owners adjacent to West 59th Street street-end have complied with the vacation
application requirements by submitting the application fee and providing a list of affected property owners.
This application was delayed while the City reviewed the authority and procedure for vacating or disposing of
public right-of-ways and property. The Finance and Citywide Projects Committee on June 9, 2004 requested
the Administration treat each applicant on a case by case basis.
Administration recommends approval of the Resolution.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
Robert Halfhill
Sign-Offs:
AGENDA ITEM ~'~ X
DATE '7~7-0~
'CITY OF MIAMI BEACH
CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: July 7, 2004
From:
Subject:
Jorge M. Gonzalez .~
City Manager ~' 'x"' ~'~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR JULY
28, 2004, TO CONSIDER PUBLIC COMMENT, AS REQUIRED BY
SECTION 82-37 OF THE CITY CODE (ORDINANCE NO. 92-2783),
REGARDING THE VACATION OF A PORTION (THE NORTHERN HALF)
OF THE WEST 59TH STREET STREET-END, WEST OF NORTH BAY
ROAD, IN FAVOR OF THOMAS HARRIS, OWNER OF THE ADJACENT
PROPERTY LOCATED AT 5900 NORTH BAY ROAD.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
City right-of-ways have been vacated previously by criteria establish by the City in 1989
and City Code, Chapter 82, Article II, Section 82-37. When the LaGorce-Golf Subdivision
was platted in 1925, a portion of West 56th Street and West 59th Street the extreme end of
the street adjacent to the bay, was retained as private land and sold to one of the adjacent
property owners (see attached sketch "A"). The portion of West 59th Street street-end is
now owned by Roger Schindler and wife Leslie, owners of the property located at 5860
North Bay Road.
Mr. Roger Schindler was granted a revocable permit on December 24, 1991 for the
installation of a wrought iron gate and fence enclosing the remainder of West 59th Street
street-end, west of North Bay Road.
Mr. Schindler constructed, instead, a stucco plywood wall with aluminum Iouvered gates. In
2001, when a construction permit was sought for the reconstruction of the existing wall and
gates, an amendment to the revocable permit was requested. On December 19, 2001 an
amendment to a revocable permit issued on December 24, 1991 for fence construction
was denied by the City Commission because of the ownership questions. The issue was
referred to the Land Use and Development Committee.
The City Commission, upon the recommendation of the Land Use and Development
Committee, directed the Administration to consider the vacation of the property along West
56th and West 59th Streets, from North Bay Road to the street-end, to the adjacent property
owners, while maintaining all the necessary utility easements. The owners of adjacent
property on West 56~ Street have not made application for vacating property.
July7, 2004
Commission Memorandum
Vacation of Right-of-Way
Page 2
Mr. Thomas Harris and Mr. Roger Schindler, the property owners adjacent to the West
59th Street street-end, have met the requirements as set forth in the July 26, 1989 Land
Use Committee guidelines and City Code Chapter 82, Article II Sec. 82-37 for street
vacation application requirements and are requesting the vacation of this street-end in their
favor.
This request has been delayed in reaching the City Commission for consideration due to
questions regarding the City's ability and procedures for vacating, selling or otherwise
disposing of City owned property. The Finance and Citywide Projects Committee on June
9, 2004 requested the Administration treat each applicant on a case by case basis.
ANALYSIS:
In accordance with Ordinance No. 92-2783, codified into City Code Chapter 82, Article II,
Section 82-37, the City, shall, prior to sale or vacation of city property, schedule a public
hearing, during a meeting of the City Commission, to consider the request for vacation of
the right-of-way. Furthermore, the public hearing must be advertised not less than fifteen
days prior, and official notices mailed to property owners within 375 feet of the site.
As shown in the attached sketch, Mr. and Mrs. Schindler own the western most 30 feet of
the street-end adjacent to Biscayne Bay. The remainder of the street-end is a public right-
of-way with two storm-water pipes traversing the street-end and discharging into Biscayne
Bay.
The Administration has again reviewed these uniquely situated street-ends, and reiterates
the recommendations presented to the City Commission on March 20, 2002, for the
following reasons:
1. The dead-end street-ends at West 56th and West 59th Streets do not access the
Bay water. The western most 30 feet are privately owned.
By vacating the street-end and quit-claiming the north half to Mr. Thomas Harris and
the south half to Mr. and Mrs. Schindler, the property values of these residences will
increase and hence the ad-valorem tax contribution to the City.
3. There is a 48 inch and a 24 inch storm sewer pipe within this street-end. The City
will retain utility easement rights for the entire street-end being vacated.
CONCLUSION:
The City Commission should set a public hearing to consider appreving vacation of the 25-
foot property along the north and south side of West 59th Street centerline, from North Bay
Road to the street-end.
JMG/RCM/FHB/RH
T:~AGEN DA~2004\Ju10704\Consent\59thStreetHarris.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING
TO CONSIDER PUBLIC COMMENT, AS REQUIRED BY SECTION 82-
37 OF THE CITY CODE (ORDINANCE NO. 92-2783), REGARDING
THE VACATION OF A PORTION (THE NORTHERN HALF) OF THE
WEST 59TH STREET STREET-END, WEST OF NORTH BAY ROAD,
IN FAVOR OF WILLIAM THOMAS HARRIS III AND RICHARD
KOENIGSBERG, AS TRUSTEES (THE "TOM HARRIS TRUST"),
OWNER OF THE ADJACENT PROPERTY LOCATED AT 5900
NORTH BAY ROAD.
WHEREAS, when LaGorce-Golf Subdivision was platted in 1925, a portion of the West
59th Street street-end adjacent to the Bay, was retained as private property owned by the adjacent
property owners; and
WHEREAS, pursuant to a request for vacation of the aforestated street-end by the
adjacent property owners, and due to the aforementioned unique situation, the Mayor and City
Commission, on March 20, 2002, upon the recommendation of the Land Use and Development
Committee, directed the Administration to consider the vacation of this unique street-end to the
adjacent property owners, maintaining all the necessary utility easements; and
WHEREAS, the Tom Harris Trust (Applicant), is one of the adjacent property owners,
residing at 5900 North Bay Road, and has requested the vacation of the northern portion of the
West 59th Street street-end; and
WHEREAS, the Applicant has complied with the City's application requirements for
such vacation; and
WHEREAS, pursuant to the City's guidelines for vacation or abandonment of streets or
other rights-of-way, the Applicant is also required to comply with the requirements of Miami
Beach City Code, Section 82-37 (Ordinance No. 92-2783); accordingly the Mayor and City
Commission are required to hold a public hearing to hear public comment as to the aforestated
request for vacation.
Page 1 of 2
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 the vacation of thc northern half of the West 59th Street street-end, in favor of William
Thomas Harris III and Richard Kocnigsberg, as Trustees (Thc "Tom Harris Trust"), as the
adjacent property owner, residing at 5900 North Bay Road, is hereby called to be held before the
Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convemion
Center Drive, Miami Beach, Florida on ,2004, beginning at .m., and the
City Clerk is hereby authorized and directed to publish appropriate Public Notice of said Public
Hearing at which time and place all interested parties will be heard.
PASSED and ADOPTED this
day of ,2004
ATTEST:
MAYOR
CITY CLERK
T:~AGENDA\2004~Ju10704\Consent\59thStreet H arrisReso.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Page 2 of 2
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