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99-23298 RESO RESOLUTION NO. 99-23298 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER THE PROPOSED VACATION OF 44TH STREET, BETWEEN COLLINS AVENUE AND INDIAN CREEK DRIVE, IN EXCHANGE FOR AN EQUAL PARCEL APPROXIMATELY 130 FEET TO THE SOUTH, AS REQUESTED BY HOTELERAMA ASSOCIATES, LTD., AS OWNER OF THE FONTAINEBLEAU IDL TON RESORT AND TOWERS, LOCATED AT 4441 COLLINS AVENUE. WHEREAS, Hotelerama Associates, Ltd. (Hotelerama) own the Fontainebleau Hilton and Towers located at 4441 Collins Avenue (the Property) ; and WHEREAS, Hotelerama is proposing to renovate and improve the existing Fontainebleau Hilton Resort and Towers with the construction of a new 250 unit condominium/hotel building which includes a new vehicular and pedestrian arrival plaza to be located at the existing location of 44th Street Project; and WHEREAS, the City's Design Review Board approved this Project on November 17, 1997, contingent upon the Mayor and City Commission and Florida Department of Transportation I s approval of a vacation and relocation of the existing 44th Street; and WHEREAS, Hotelerama has requested that the City vacate that portion of 44th Street, between Collins Avenue and Indian Creek Drive, in exchange for an equal parcel approximately 130 feet to the south; and WHEREAS, pursuant to the City of Miami Beach Code, Chapter 82, Article II, Section 82-37, the Mayor and City Commission are required to hold a public hearing to consider the proposed exchange and conveyance. NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider a request by Hotelerama Associates, Ltd. (Hotelerama), as owner of the Fontainebleau Hilton Resort and Towers, located at 4441 Collins Avenue, to vacate that portion of the 44th Street right-of-way between Collins A venue and Indian Creek Drive, in exchange for an equal parcel approximately 130 feet to the south, 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 October 6, 1999, beginning at 2:00 p.m., and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 17th day of September , 1999 ATTEST: ~g MAYOR ~r faA{~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & fOR EXECUTIOr,J F:\ WORK\$ALL\ VGK\COMMEMO\ V ACA TE\44RELOCN ,PH 1JJ~ M~9 :ITY OF MIAMI BEACH ~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ ~ 1-'/3 TO: Mayor Neisen O. Kasdin and Members of the City C DATE: September 14, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOL I N OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON OCTOBER 6, 1999, TO CONSIDER THE PROPOSED EXCHANGE AND RELOCATION OF 44TH STREET, BETWEEN COLLINS AVENUE AND INDIAN CREEK DRIVE, REQUESTED BY FONTAINEBLEAU HILTON RESORT AND TOWERS, LOCATED AT 4441 COLLINS AVENUE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On November 17, 1997, the City's Design Review Board (DRB) approved a request by Hotelerama Associates, Ltd. (Hotelerama), owner of the Fontainebleau Hilton Resort and Towers, to renovate and improve the existing Fontainebleau Hilton Resort and Towers complex, located at 4441 Collins Avenue. The new 250 unit condominium/hotel building project includes a new vehicular and pedestrian arrival plaza to be located at the present location of 44th Street and accessible from the proposed relocated 44th Street. Approval of the project was contingent upon the relocation of the existing 44th Street, between Collins A venue and Indian Creek Drive, approximately 130 feet to the south. A request for the conceptual approval of this relocation of 44th Street was scheduled on the September 23, 1998 Commission meeting. The item was opened and continued to the October 7, 1998, when a public hearing was held, and approval was denied by the City Commission. ANALYSIS DRB's approval of a new vehicular and pedestrian arrival plaza, as well as the construction of a new 250 unit condominium/additional hotel building at 4441 Collins A venue, was contingent upon the vacation and relocation of 44th Street to approximately 130 feet to the south. AGENDAITEM~ 9-1 t.l..9~ DATE Commission Memorandum - September /4, /999 Hote/erama Public Hearing Page 2 Hotelerama Associates, Ltd., owners of the Fontainebleau Hilton Resort and Towers, have requested the City to vacate the 44th Street right-of-way, between Collins Avenue and Indian Creek Drive, in exchange for an equal property, approximately 130 feet to the south. Under Section 82-37 of the City Code, the City Commission should hold a public hearing advertised 15 days prior to the hearing, to obtain citizen input into such an exchange transaction. The City's Planning Department will provide an analysis based on criteria listed in Section 82-38 of the City Code. At present, the applicant has not completed the application requirements for vacation of right- of-way as set forth in the guidelines/criteria established by the Land Use Committee and approved by the City Commission on July 26, 1989. The application should be submitted to the City in a timely manner to allow for the appropriate staff review, prior to the public hearing. Upon approval of this vacation, the applicant will be responsible for all permitting, relocation of utilities, construction, engineering and legal fees and all procedures required by Miami-Dade County and the Florida Department of Transportation regarding replatting of the subject property. CONCLUSION The City Commission should set a public hearing on October 6, 1999, to consider this request for the vacation and exchange of properties, allowing the required 15 days for the advertising of this hearing. . S~/JAG/~/JG/GK F:\ WORK\$ALL \ VGK\COMME)1O\ V ACA TE\44RELOCN.PH