HomeMy WebLinkAbout2001-24527 Reso
RESOLUTION NO. 2001-24527
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, V ACA TING AND APPROVING THE SALE OF
APPROXIMATELY 17 SQ. FEET OF THE CITY-OWNED RIGHT-OF-WAY
ADJACENT TO THE PROPERTY LOCATED AT 825-845 LINCOLN ROAD,
MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA, TO LINCOLN 845 LLC,
AS THE OWNER OF THE ADJACENT PROPERTY; FURTHER WAIVING BY
A 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT PURSUANT
TO ORDINANCE NO. 92-2783; AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE THE
TRANSACTION, INCLUDING A QUITCLAIM DEED, SUBJECT TO FINAL
REVIEW OF SAME BY THE CITY ATTORNEY'S OFFICE.
WHEREAS, Lincoln 845 LLC, a Florida Limited Liability Company (Owner) owns the
property at 825-845 Lincoln Road, legally described as the west Yz of Lot 1, Block 36 of Amended
Plat of Golf Course Subdivision, as recorded in Plat Book 6, Page 26 of the Public Records of
Miami-Dade County, Florida (the Property); and
WHEREAS, the Owner is proposing a full restoration of the Property; and
WHEREAS, said Property is located on Lincoln Road, and thus within the City's Flamingo
Park Local Historic District; accordingly the Property requires a Certificate of Appropriateness by
the Historic Preservation Board, for the proposed substantial rehabilitation, restoration and partial
demolition of the existing structure thereon; and
WHEREAS, on April 10, 2001, the Historic Preservation Board reviewed the
reconstruction plans for the Property and, as a condition of its Order approving the Certificate of
Appropriateness, required the restoration of an original tower element in the front of the building
(see Exhibit A, attached hereto); and
WHEREAS the reconstruction of this tower, in accordance with the Board's condition,
would require use of an approximately 1 by 17 feet strip of the adjacent Lincoln Road right-of-way;
and
WHEREAS in order to construct upon said public right-of-way, the Owner has requested
that the City vacate the aforestated strip of the right-of-way, and thereafter sell said vacated portion
to Owner; and
WHEREAS, the Owner has submitted and complied with the application requirements for
the vacation of a City owned right-of-way; and
WHEREAS, the Owner has submitted the minimum vacation request application fee of
$5,000, and had an appraisal performed by Appraisal First, Inc., which appraised the approximately
17 sq. ft. parcel, representing the footprint of the tower, at $4,200.00; and
WHEREAS, in accordance with the City's criteria and standards for vacation of rights-of-
way, in the event an appraisal is lower than the minimum $5,000 vacation application fee, the
Owner/applicant shall pay to the City the greater amount, or the minimum of$5,000; and
WHEREAS, additionally, pursuant to City of Miami Beach Ordinance No. 92-2783, which
establishes procedures for the sale and/or lease of City property, prior to a sale and/or lease, the
Mayor and City Commission shall hold a public hearing, advertised not less than fifteen (15) days
prior to the hearing, in order to obtain citizen input into the proposed sale and/or lease; and
WHEREAS, accordingly, a public hearing was held on July 18,2001, to hear public
comment regarding the proposed vacation and sale to Owner of the 17 sq. ft. portion of the public
right-of-way for the proposed tower footprint; and
WHEREAS, pursuant to Ordinance No. 92-2783, the City's Planning Department has
prepared its analysis of the proposed sale; additionally, the Administration would recommend that
the Mayor and City Commission further waive, by 517ths vote, the competitive bidding requirement,
as provided by Ordinance No. 92-2783 finding such waiver to be in the best interest of the City; and
WHEREAS, in the event that the Mayor and City Commission herein approve the vacation
and sale of the approximately 17 sq. ft. of the public right-of-way for the proposed tower footprint,
the overall impact to the adjacent Lincoln Road right-of-way would be minimal, with the remaining
portion still accessible for the public's use and enjoyment; therefore the Administration would
recommend that the subject vacation/sale would be in the best interest of the City, subject to the
conditions set forth below.
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 herein approve the vacation and sale of approximately 17 square feet of the City-owned
right-of-way on Lincoln Road, adjacent to the property located at 825-845 Lincoln Road, Miami
Beach, Miami-Dade County, Florida, to Lincoln 845 LLC, as the Owner of the adjacent property
subject to and conditioned upon the following:
I. The Mayor and City Commission acknowledge and herein approve the vacation and sale of
approximately 17 square feet ofthe City-owned right-of-way adjacent to Owner's property,
located at 825-845 Lincoln Road, said sale representing only the footprint of the historical
tower being restored; the restoration specifically made a condition by the Historic
Preservation Board Order granting the Certificate of Appropriateness.
2. The sale price for the vacated property will be the minimum $5,000 vacation application fee.
2
3. In the event that the Owner does not timely pull a building permit for the Property or
otherwise lets its design approvals, and/or building permits, and/or any other City approvals
for the Property lapse or expire, then this vacation/sale shall be null and void and of no
further force or legal effect, and Owner shall return title to the vacated property to the City
and restore same to its original condition. Owner and City agree to memorialize this
condition and other pertinent conditions as a covenant in the deed transferring the vacated
property to Owner, said language to be developed by the City's Planning and Zoning
Department and the City Attorney's Office, and in any other document, as required by the
administration and City attorney's Office.
4. In the event that the above-vacated portion of Lincoln Road right-of-way is discontinued to
be used for the above-intended use as a restored historical tower, for more than 180 days,
then this vacation shall be null and void and ownership of the subject vacated property shall
revert to the City of Miami Beach as a dedicated Public right-of-way, at no cost to the City.
5. The Mayor and City Commission herein waive, by 5/7ths vote, the competitive bidding
requirement, pursuant to Ordinance No. 92-2783, finding such waiver to be in the best
interest of the City.
PASSED and ADOPTED this 18th day of
flJr200L
MAYOR
ATTEST:
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CITY CLERK
fo\WORK\$All \YGKICQMMEMOI V ACATE\llnc825fCll(l,doc
1,fPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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3
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: April 10, 2001
IN RE: The Application for a Certificate of Appropriateness for the
substantial rehabilitation, renovation, restoration and partial demolition of
an existing two (2) story structure and the construction of a two (2) story
ground level addition.
FILE NO: 1222
PROPERTY: 825 - 845 Lincoln Road
LEGAL: The West '12 of Lot 1, Block 36, Amended Plat of Golf Course
Subdivision, According to the Plat Thereof, as Recorded in Plat Book
6, Page 26, of the Public Records of Miami-Dade County, Florida.
ORDER
The applicant, Lincoln 825 LLC, filed an application with the City of Miami Beach
Planning Department for a Certificate of Appropriateness.
The City of Miami Beach Historic Preservation Board makes the following FINDINGS
OF FACT, based upon the evidence, information, testimony and materials presented
at the public hearing and which are part of the record for this matter:
A. The proposed project is located in the Flamingo Park Local Historic District of
the City of Miami Beach and the subject structure on the site is designated
"non-contributing" on the Miami Beach Historic Properties Database.
B. Based on the plans and documents submitted with the application, testimony
and information provided by the applicant, and the reasons set forth in the
Planning Department Staff Report, the project as submitted is consistent
with the Certificate of Appropriateness Criteria in Section 118-564(a)( 1) of
the Miami Beach Code, is not consistent with Certificate of Appropriateness
Criteria a, b & c in Section 11 8-564(a)(2) of the Miami Beach Code, is not
consistent with Certificate of Appropriateness Criteria c & d in Section
118-564(a)(3) of the Miami Beach Code and is not consistent with
Certificate of Appropriateness for Demolition Evaluation Criteria Nos. 4, 6, 8
& 9 in Section 118-564(f)(4) of the Miami Beach Code.
C. The project would be consistent with the above criteria and requirements if
Exhibit "A"
Page 2
Meeting Date: April 10, 2001
HPB File No. 1222
the following conditions are met:
1. Revised elevation, site plan and floor plan drawings shall be submitted to
and approved by staff; at a minimum, such drawings shall incorporate the
following:
a. The original 1925 facade of the Bastian Building shall be restored
to match the original conditions and finishes indicated in the
available historical documentation and on-site physical evidence.
This shall include, but not be limited to original windows, doors,
architectural details, surface finishes and projections, as well as the
central entrance tower on the south elevation.
b. The existing second level floor plate, of the existing structure, shall
be retained and preserved in its existing location and fully restored.
c. The existing nonconforming elements on the building elevations
and roof shall be removed, including conduit, air conditioning
units and various abandoned equipment.
d. The east elevation of the proposed addition shall be fully
developed in a manner to be approved by staff.
e. A non-stucco surface finish or fine cut stone shall be required for
the first level of the existing structure.
f. All awnings for the existing structure shall consist of a woven fabric.
g. The final design details of the second level doorway, sidelites,
awning and balcony, at the southwest corner of the existing
structure, shall be consistent with all historic documentation.
2. A landscape plan, prepared by a Professional Landscape Architect,
registered in the State of Florida, and corresponding site plan, shall be
submitted. The species type, quantity, dimensions, spacing, location and
overall height of all plant material shall be clearly delineated. At a
minimum, such plan shall incorporate the following:
a. All exterior walkways shall consist of decorative pavers, set in sand
or other equally semi-pervious material, subject to the review and
approval of staff.
Page 3
Meeting Date: April 10, 2001
HPB File No. 1222
b. A fully automatic irrigation system with 100% coverage and an
automatic rain sensor in order to render the system inoperative in
the event of rain.
3. All building signage shall be consistent in type, composed of flush
mounted, non-plastic individual letters and shall require a separate permit.
4. The final exterior surface color scheme, including color samples, shall be
subject to the review and approval of staff and shall require a separate
permit.
5. A traffic mitigation plan, which addresses all roadway Level of Service
(LOS) deficiencies relative to the concurrency requirements of the City
Code, if required, shall be submitted prior to the issuance of a Building
Permit and the final building plans shall meet all other requirements of the
Land Development Regulations of the City Code.
6. Manufacturers drawings and Dade County product approval numbers for
all new windows, doors and glass shall be required, prior to the issuance
of a building permit.
7. All roof-top fixtures, air-conditioning units and mechanical devices shall be
clearly noted on a revised roof plan and shall be screened from view, in a
manner to be approved by staff.
8. Revised drawings, with corresponding color photographs, that are
separate from the construction documents, drawn to scale and clearly
document the existing conditions of the subject building, shall be
submitted. Such drawings and photographs shall include all four
elevations and interior floor plans of the building, as well as a site plan.
9. All new and altered elements, spaces and areas shall meet the
requirements of the Florida Accessibility Code (FAC).
10. The project shall comply with any landscaping or other sidewalk/street
improvement standards as may be prescribed by a relevant Urban Design
Master Plan approved prior to the completion of the project and the
issuance of a Certificate of Occupancy.
11. A drawn plan and written procedure for the proposed demolition shall be
prepared and submitted by a Professional Structural Engineer, registered
in the State of Florida, which fully ensures the protection of the public
Page 4
Meeting Date: April 10, 2001
HPB File No. 1222
safety, as well as the protection of the existing structure on the subject
site and all existing structures adjacent to the subject site during the
course of demolition.
12. The Certificate of Appropriateness for Demolition shall only remain in
effect for the period of time that there is an active Certificate of
Appropriateness for the associated new construction on the subject
property.
13. This Final Order shall be recorded in the Public Records of Miami-Dade
County, Drior to the issuance of a Building Permit.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence,
information, testimony and materials presented at the public hearing, which are part
of the record for this matter, and the staff report and analysis, which are adopted
herein, including the staff recommendations which were amended by the Board,
that the Application for a Certificate of Appropriateness is granted for the
above-referenced project subject to those certain conditions specified in paragraph
C of the Findings of Fact hereof (conditions #1-13, inclusive), to which the
applicant has agreed.
No building permit may be issued unless and until all conditions of approval as set
forth herein have been met. The issuance of a Certificate of Appropriateness does
not relieve the applicant from obtaining all other required Municipal, County and/or
State reviews and permits, including zoning approval. If adequate handicapped
access is not provided, this approval does not mean that such handicapped access
is not required or that the Board supports an applicant's effort to seek waivers
relating to handicapped accessibility requirements.
When requesting a building permit, three 131 sets of plans approved by the Board,
modified in accordance with the above conditions, as well as annotated floor plans
which clearly delineate the Floor Area Ratio (FAR) calculations for the project, shall
be submitted to the Planning Department. If all of the above-specified conditions
are satisfactorily addressed, the plans will be reviewed for building permit approval.
Two (2) sets will be returned to you for submission for a building permit and one
(1) set will be retained for the Historic Preservation Board's file. If the Full Building
Permit is not issued within one (1) year of the meeting date at which this
Certificate of Appropriateness was granted and construction does not commence
and continue in accordance with the requirements of the applicable Building Code,
the Certificate of Appropriateness will expire and become null and void.
Page 5
Meeting Date: April 10, 2001
HPB File No. 1222
Dated this
day of
,20_
HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI BEACH, FLORIDA
BY:
THOMAS R. MOONEY, AICP
DESIGN AND PRESERVATION MANAGER
FOR THE CHAIR
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
20 by Thomas R. Mooney, Design and Preservation
Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal
Corporation, on behalf of the Corporation. He is personally known to me.
NOTARY PUBLIC
Miami-Dade County, Florida
My commission expires:
Approved As To Form:
Legal Department:
Filed with the Clerk of the Historic Preservation Board on
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825-845 Lincoln Road
Picture of Lincoln Road dated 1927 -showing the 825-845 Lincoln Road
building and tower.
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Proposed restored elevation of 825-845 Lincoln Road building.
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
~
To:
From:
Gary Kokorkian, Public Works Department
Jorge G. Gomez
Planning and Zoning Director
May 29,2001
825-845 Lincoln Road
Date:
Subject:
Pursuant to. Section 82-38 Of. the City Code, pertaining to the sale or lease of public
property, .thls memorandum Will serve as an analysis of the above noted property. The
applicant IS proposing a modest encroachment (approximately 12") into the north side of the
Lincoln Road right-of-way, in order to accommodate the reintroduction of an original
architectural tower element on the south elevation of the subject structure. The
reintroduction of this tower element is a significant component in the rehabilitation and
restoration of the subject structure, which is designated contributing and is located in the
Flamingo Park Local Historic District.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of city-owned land be analyzed from a planning perspective in order that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease. What follows, herein, are each of the eight criteria in Section 82-38 of the Code:
1. Whether or not the proposed use is in keeping with City goals and objectives
and conforms to the City Comprehensive Plan.
The property in question, 825-845 Lincoln Road, is located within the Flamingo Park
Local Historic District and the existing building on site is designated contributing in
the historic properties database. The Future Land Use Map of the City's
Comprehensive Plan designates the property as CD-3, Commercial High Intensity.
The proposed reintroduction of the original tower element on the south elevation of
the subject structure would conform to the land use designation contained in 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. 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
1
Attachment 1
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
The subject property contains existing office and retail space, and the proposed
reintroduction of the original tower element on the south elevation of the existing
structure should not have any negative impact on the surrounding 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 existing building is designated contributing and located within a local historic
district. The reintroduction ofthe original tower element on the south elevation ofthe
subject structure will maintain the building's purpose in an active manner, and this
will foster and serve the City's public purpose in retaining, preserving and restoring
this important historic structure.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views, or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
The proposal to reintroduce the original tower element on the south elevation of the
subject structure will not negatively impact the surrounding area, and is consistent
with the requirements of the historic preservation board in terms of the renovation
and preservation of the existing structure.
5. The impact on adjacent properties, whether or not there is adequate parking,
street, and infrastructure needs.
There should be no negative impact on adjacent properties. While parking is a
problem throughout the City, the proposed reintroduction of the original tower
element on the south elevation will not increase the need for parking nor require
additional infrastructure.
6. A determination as to whether or not alternatives are available for the
proposed disposition, including assembly of adjacent properties, and whether
the project could be accomplished under a private-ownership assembly.
There are no alternatives for the location of the original tower element on the south
elevation because the structure exists in its current location and cannot be moved.
2
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 proposed reintroduction the original tower element on the south elevation of the
subject structure, in conjunction with the rehabilitation and restoration of the existing
structure, as well as the proposed addition of the rear of the site, may moderately
increase the job base of the City. No housing opportunities are created under the
current facility.
8. Such other items as the Planning Department may deem appropriate in
analysis of the proposed disposition.
Planning Staff has not identified any further items.
c: C. Cuervo
R. Aguila
T. Mooney
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May 24, 200!
Beilinson Architects
c\o Mr. Les Beilinson
790 NW 107'h Avenue, Suite 306
Miami. Florida 33172
Re: A 16.67 foot by 1 foot encroachment or 16.67 square feet located at 825-845
Lincoln Road, Miami Beach, Florida 33139.
Dear Mr. Beilinson:
As requested I have prepared the attached limited, restricted use, appraisal report
of the above referenced property. The purpose of the report is to estimate the "As
Is" Market Value of the subject property, in fee simple title, as of May 20, 2001.
Market Value may be defined as the most probable price in terms of money which
a property should bring in a competitive and open market under all conditions
requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably
and assuming the price is not affected by undue stimulus.
This is a Complete, Restricted Use, Appraisal Report which is intended to comply
with reporting requirements set forth under Standards Rule 2-2(c) of the Uniform
Standards of Professional Appraisal Practice. As such, it presents only summary
discussions of the data, reasoning, and analysis that were used in the appraisal
process to deveLop the appraiser's opinion of value. Supporting documentation
concerning the reasoning, and analysis is retained in the appraiser's file. The depth
of discussion contained in this report is specific to the needs ofthc client and for
the intended use. The appraiser is not responsible for unauthorized use of this
report.
Attachment 2
Mr. Les Beilinson
Page Two
Furthermore in accordance with an agreement between the client and the appraiser, this report is the
result ofa complete, restricted use, appraisal process in which no allowable departures from specific
requirement ofthe Uniform Standards of Professional Appraisal Practice were invoked. The subject
property is basically vacant site. As a result the only applicable approach to value is the Sales
Comparison Approach. Therefore the this appraisal does not invoke the departure provision from
standard rule 1-4. This report is considered to be a complete appraisal in a restricted use report
format.
The subject property is a part of a parent site that contains 22,500 square feet of commercially zoned
land located on the northeast comer of Lincoln Road and Jefferson A venue, lying within the City
of Miami Beach, Florida. The property is improved with a partial, two-story, commercial building
that contains 21,000 :t square feet. The building was originally completed in 1925 and is currently
in an average condition.
The original construction of the building included a stair tower that encroached 16.67 square feet (1
foot in depth and 16.67 feet in width) along Lincoln Road, at the center ofthe building. In 1953 tbe
stair tower was removed and corrugated siding was added. Also the arched facade openings were
covered. The owner of the property is planning to construct a 50 foot addition to the rear ofthe site.
As part of the renovations the owner is planning to restore the building to its original form. As such,
the City of Miami Beach is requiring that the stair tower be reconstructed. Because the stair tower
encroached onto Lincoln Road the owner will have to buy the land area from the City of Miami
Beach. Therefore the subject property to be appraised is the 16.67 square foot encroachment area
onto Lincoln Road.
.
In itself the subject property will only have a nominal value, if any. However, since the
encroachment area is a necessary part of the renovation ofthe parent tract the resulting market value
should be commensurate with market value, on a per square foot basis, of the parent tract. This type
of valuation is typical when appraising encroachment or right-of-way areas.
.
The site size ofthe subject property was premised upon the: survey completed by Juan R. Martinez
& Associates, Inc., dated April, 1997, job number 33110; and the architectural plans completed by
BeilinsonArchitects, dated February, 2001 ,job number 2000-39. Any variation from the survey and
architectural plans may have an impact on the market value indication via this appraisal.
Mr. Les Beilinson
Page Three
In my opinion, the "As Is" Market Value of the subject property, in fee simple title, as of May 20,
2001, is:
FOUR THOUSAND TWO HUNDRED DOLLARS
($4,200)
This appraisal has been made in accordance with the Standards of Practice and Code of Ethics of the
Appraisal Institute and the guidelines according to USPAP and FIRREA. Please be advised that
lending institutions are required to order appraisals for federally related transaetions. The
reports are intended only for the purpose of an internal valuation determining the market
value of the encroachment area of the proposed stair tower.
Frank Hornstein, MAl
State Certified General Real
Estate Appraiser, No. 0001376
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EXECUTIVE SUMMARY
Property Type:
A 16.67 square foot portion of a parent tract that encroaches
into the right-of-way of Lincoln Road.
Location:
825-854 Lincoln Road
Miami Beach, Florida 33139
Site Size:
16.67 square feet (16.67' by I')
Zoning:
CD-3, a commercial high intensity district by the City of
Miami Beach, Florida
Date of Value:
May 20, 2001
VALUE INDICATION
Sales Comparison Approach:
$4,200
FINAL "AS IS" MARKET VALUE ESTIMATE: $4,200
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193 LINCOLN S45 LLC S670.000 193052101 05/21/01 Administration CO$~ 5.000.00 0.00 S.ODO.OC
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Payor: JENEL MANAGEMENT CORP. Date .1 Check No. Check Amount
Payee: CITY OF MIAMI BEACH OS/21/01 32058 $5,000.00
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JENEL MANAGEMENT CORP.
AGENCY ACCOUNT
275 MOJdison Avenue, Suite 702
New York. NY 10016
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q vi?c.ren 7fnu:I., 452 Fifth Avenue
~ ~ ,Ft.. New York, NY 10018
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BRANCH 031
Date Check No.
OS/21/01 32058
FIVE THOUSAND and 00/100 DOLLARS
Check Amount
$5,000.00
Pay to the order of:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
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CITY OF MIAMI BEACH . ..
NOTICE OF A PUBLIC HEARING ~.I i
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NOTICE IS HEREBY given that a public hearing will be h~ld by the City
Commission of the City of Miami Beach on Wednesday, July 18, 2001.
at 10:45 8.m., in the Commission Chambers, 3rd Floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida.
TO CONSIDER PUBLIC COMMENT REGARDING THE SALE OF
APPROXIMATELY 17 SQ. FEET OF THE CITY-OWNED RIGHT-OF-WAY.
ADJACENT TO.THE PROPERTY LOCATED AT 825-84S LINCOLN
ROAD, MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA, AS
REQUIRED BY ORDINANCE NO. 92-2783.
Inquiries may be directed 10 the Public Wor1<s Departinent at (305) 673-7080.
. . .
ALL INTERESTED PARTIES arB invited ~o-appear at this_meeting: or be
represented by an ageot, _or to express their views in writing addressed
to the City c;ommission~--c/o the City Clerk; 1700 ConVention Center
Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting
may be continued and under such circumstances-'additional Jegal notice
would not be provided.
Robert E. Parcher. City Clerk
Citycif Miami Beach -
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the
public that: if a perSon,decides to appeal any decision made by the City
Commission with:re,spect to any matter considered at its meeting or its
hearing, such person must ensure that a verbatirll record.'of the
proceedings is made, which record includes the testimony and evidenCe
upon ,whi_ch the appeal is to be based. This notice does not constitute.
consent by the City for the introductiori or. admission. afotherwise
inadmissible or irrelevant evidence, .nor does it authorizechalle'nges or
ap~~ not ath~lY!is~ allowed by Jaw.
In aCcOrdance with the Americans with Disabilities Act of,1990,persons
needing special 'accommodation to participate in this proceeding should
contact the City' Clerk's office. Telephone (305) 673-7_411 for assistance;
if hearing impaired, -telephone the Florida Relay Seryice num~ers. (800)
955-8n1 (TOD) or (800) 955-8770 (VOICE),-for asslsiance.
Ad Number 0035
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fI.us
COMMISSION MEMORANDUM NO.
lf79-01
From:
Jorge M. Gonzalez
City Manager
Mayor Neisen O. Kasdin and
Members of the City Commission
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Date: July 18, 2001
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE SALE OF
APPROXIMATELY 17 SQ. FEET OF THE CITY-OWNED RIGHT-OF-WAY
ADJACENT TO THE PROPERTY LOCATED AT 825-845 LINCOLN ROAD,
MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA, TO LINCOLN 845
LLC (THE OWNERS); WAIVING BY A 517THS VOTE, THE COMPETITIVE
BIDDING REQUIREMENT UNDER ORDINANCE NO. 92-2783; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND
ALL DOCUMENTS TO EFFECTUATE THE TRANSACTION, INCLUDING
A QUITCLAIM DEED, SUBJECT TO FINAL REVIEW OF SAME BY THE
CITY ATTORNEY'S OFFICE.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
Lincoln 845 LLC, a Florida Limited Liability Company owns the property at 825-845 Lincoln
Road, legally described as the west 'l2 of Lot 1, Block 36 of Amended Plat of Golf Course
Subdivision, as recorded in Plat Book 6, Page 26 of the Public Records of Miami-Dade County,
Florida.
The owner/applicant, in their request for a substantial rehabilitation, restoration and addition to this
two story structure, located in the City's Flamingo Park Local Historic District, had to obtain
approval from the City's Historical Preservation Board. The Application for a Certificate of
Appropriateness was reviewed by the Historic Preservation Board on April 1 0, 2001 and an Order
was issued to restore the original 1925 fatyade of this building, which included a central entrance
tower on the south elevation. The restoration of the original tower element in the front of the
building will require the use of an approximately 1 foot wide by 17 feet strip of the right-of-way.
Subsequently, Lincoln 845 LLC requested to purchase this strip of approximately 17 square
feet of the Lincoln Road right-of-way, which will be the footprint of the proposed tower. Upon
AGENDA ITEM R'7 B
DATE 7-{~-OI.
Commission Memorandum
July 18,2001
Sale of City-Owned Right-of-Way adjacent to 825-845 Lincoln Road
Page 2
the submittal of all the application requirements by the owner/applicant for the vacation of this
public right-of-way, Resolution 2001-24489 was adopted on the June 27, 2001 Commission
meeting to set a public hearing to consider this request following the necessary public notification
process.
ANALYSIS:
An analysis by the Planning Department in accordance with Section 82-38 of the City Code for
the sale of public property is attached. (Attachment 1)
Also, an appraisal was conducted by Appraisal First, Inc. to obtain the market value of the site
(Attachment 2). The market value of the subject site was estimated at $4,200 as follows: 16.67 sq.
ft. x $250 /sq. ft.. The Owner has provided the City with a check for $5,000, which is the minimum
amount required to process the vacation/sale application. Also, in order to waive the public bidding
process for the sale of public right-of-way, a five-sevenths vote of the City Commission will be
required.
Based on the above, the Administration recommends the following:
1. Sale of the footprint of the proposed tower with reversion rights to the City in case of
demolition of the building or the tower in the future.
2. Waiver by 5/7ths vote of the competitive bidding requirement, pursuant to Ordinance
No. 92-2783.
Attachm;:rsd b
JMG~HB/MANGK
F:I WORKI$ALLI VGKICOMMEMOI V ACA TEllincoln825.doc