2009-27018 Reso RESOLUTION NO. 2009-27018
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING ON
FIRST READING THE REQUEST OF LA GORCE COUNTRY
CLUB (AND RELATED CITY APPLICATION) FOR VACATION
OF A PORTION OF WEST 57r" STREET EASTERLY OF ALTON
ROAD LOCATED IN THE CITY OF MIAMI BEACH, PROVIDING
FOR WAIVER OF VACATION APPLICATION FEE AND
WAIVER BY 5/lths VOTE OF THE COMPETITIVE BIDDING
AND APPRAISAL REQUIREMENTS (AS PROVIDED fN
SECTION 82-39 OF THE MIAMI BEACH CITY CODE), FINDING
SUCH WAIVER TO SERVE THE CITY'S BEST INTEREST, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
ANY AND ALL DOCUMENTS TO EFFECTUATE THIS
VACATION INCLUDING A QUIT CLAIM DEED AND UTILITY
EASEMENT; SETTING A PUBLIC HEARING TO BE HELD
CONCURRENT WITH SECOND AND FINAL READING OF THE
CITY'S RESOLUTION APPROVING THE SUBJECT VACATION
TO BE HELD AT THE CITY COMMISSION MEETING OF
MARCH 18th 2009 FOR PURPOSES OF OBTAINING PUBLIC
COMMENT THEREON.
WHEREAS. at its January 28. 2009 City Commission meeting, the Mayor and City
Commission approved and authorized execution of a Settlement Agreement in Frank Otero and
Jeffery Gibbs v. City of Miami Beach. La Gorce Country Club, and D.M. Fence Corp.; 11'"
Judicial Circuit Court, Case No. 05-17754 (CA 30). which Agreement provides in part that La
Gorce Country Club Inc. ("LaGorce") will seek vacation, reserving to the City a utility easement,
of that portion of West 57r Street easterly of Alton Road legally described as:
Portion of West 57`" Street bounded as follows: bounded on the north by the south line of
Lot 9, Block 9; bounded on the South by the North line of Lot 1, Block 11; bounded on the
East by the Northerly extension of the East line of said Lot 1, Block 11; and bounded on
the West by the East right of way line of Alton Road. All as shown in La Gorce-Golf
Subdivision, Plat Book 14, Page 43, Public Records of Miami Dade County, Florida. Said
Lands located, Tying and being in Section 15, Township 53 South Range 42 East, City of
Miami Beach, Miami Dade County, Florida'
with City to waive application fee and to waive appraisal and bidding by 5/7'hs City Commission
vote at time of vacation proceedings pursuant to City Code section 82-39, upon a finding that
such waiver serves the City's best interest; and
WHEREAS, the Settlement Agreement further requires that the City consider said
vacation application pursuant to conditions established in the City Charter and Code, requiring
4/7`~s approval of Planning Board and 5!7'"s approval of City Commission at public hearing; and
WHEREAS, La Gorce Country Club submitted its request for vacation of the subject
portion of West 57"' Street, and the Citys application tiled pursuant thereto, along with the
required Planning Department study` was considered by the Planning Board at it's February 24,
2009 meeting; and
' Surn c. of aubiect property attached hereto as'•L~hibit A".
' Plannine Dcpanment study attached hereto as "F,xhibit R".
WHEREAS, pursuant to Miami Beach City Code section 82-37 governing the sale
(including vacation of public right of way) and/or lease of public property, prior to vacation of City
property the Mayor and City Commission shall "...have read the title of the Resolution approving
such sale and/or lease on two separate dates and immediately following the second reading
hold a public hearing, advertised not less than 15 days prior to The hearing, in order to obtain
citizen input into any proposed sate and/or lease."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that La Gorce Country Club's
request (and related City application) for vacation of the subject portion of West 57`" Street
easterly of Alton Road in the City of Miami Beach is hereby approved on first reading, at which
reading the title of the Resolution approving the subject vacation was read, which Resolution
authorizes the waiver of vacation application fee as well as waiver of appraisal and bidding by
517x' Commission vote, finding such waiver to serve the City's best interest, and further
authorizes the Mayor and City Clerk to execute any and all documents to effectuate this
vacation including a quit claim deed and utility easement. A public hearing to hear public
comment regarding the proposed vacation shall be held concurrent with second and final
reading of the City's Resolution approving the subject vacation request at the March 18. 2009
City Commission meeting.
PASSED AND ADOPTED this 25'" day of February, 2009.
ATTEST:
at i errera Bdwer
~l; l 62(.i4J ~~{,LLI,,t,l~ Mayor
Robert Parcher
City Clerk
~~avE~,as ra
`v~J.1,S. IA~t3E.+RGE
8 fa!ECUTfOPt
F?ano10LIJiRESOS'~,LaGorce Public Hearing.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving on First Reading the request of La Gorce Country Club (and related City
application) for vacation of a portion of West 57°i Street easterly of Alton Road setting a Public Hearing to
beheld concurrent with Second and Final Reading of the City's Resolution approving the subject vacation
to be held at the City Commission meeting of March 18, 2009 for purposes of obtaining public comment
thereon.
Ke Intended Outcome Su orted:
NIA
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
Shall the Mayor and City Commission approve the Resolution?
Item Summa /Recommendation:
On January 28. 2009, the Miami Beach City Commission unanimously passed its Resolution No. 2009-
26995 approving and accepting a Settlement Agreement in Frank Otero and Jeffrev Gibbs vs. City of
Miami Beach La Gorce Country Club and DM Fence Corp., 11` Jud. Cir. Ct., Case No.: OS-17754 CA 30;
this lawsuit was filed by two owners of lots abutting the La Gorce Country Club who sought various forms
of relief including a declaration of boundaryltille with regard to the street-ends running perpendicular to the
boundaries of the La Gorce Golf Course, said street-ends bordering easterly of Alton Road and located at
West 52n° Street, West 53"' Street, West 54"'Street, West 56'" Street, West 57`"Street, West 58"'Street,
West 59"' Street, and West 60`"Street, as well as those street-ends bordering westerly on La Gorce Drive
and located at West 58'" Street, Wesl 59`" Street, West 60th Street and West 61St Street.
The Country Club timely filed its request for vacation, and this matter is now within the jurisdiction of the
Planning Board to be heard after their February 24, 2009 meeting.
As required by City Code. the Planning Department Analysis is attached. Findings of the analysis are that
the request is consistent with the necessary findings to merit approval.
In the event the Planning Board approves the request for vacation, it is recommended that the City
Commission also a rove the re uesl.
Ad~ry Board Recommendation:
Financiallnformation: _
Source of Amount Account
Funds: ~
3 -
OBPI ~ Total
Financial Impact Summary:
Cit Clerk's Office Legislative Tracking:
Robert C. Middaugh. Assistant City Manager
Si n-Offs:
Department Director Assistan~-fifty Manager City Manager
' RCM - JMG ~ ~
T.`AGENDA`2009'.Fvbruary 251Regular.LaGorce Public HearingSum2-25-09.doc `--
l~/
L
m MIAMIBEACH AGENDA ITEM ~,C-
DATE ~~~~~09
m MIAMIBEACH
Cify of Miami Beach, I7W Ccnvcnlion Cerver Drive, Miami Aeac", Floridn 33 7 34, www.miomi6uaclJl.cov
COMMISSION MEMORANDUM
To, Mayor Matti Herrera Bower and Members of the Ciry Commission
Fhonn: Jorge M. Gonzalez, Ciry Manager --
\ `~-
DATE: February 25, 2009 ` I
J
SUBJECT: A RESOLUTION APPROVING ON FIRST READING THE REQUEST OF LA
GORCE COUNTRY CLUB (AND RELATED CITY APPLICATION) FOR
VACATION OF A PORTION OF WEST 57"' STREET EASTERLY OF ALTON
ROAD LOCATED IN THE CITY OF MIAMI BEACH, PROVIDING FOR WAIVER
OF VACATION APPLICATION FEE AND WAIVER BY 517THS VOTE OF THE
COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS (AS PROVIDED IN
SECTION 82-39 OF THE MIAMI BEACH CITY CODE), FINDING SUCH WAIVER
TO SERVE THE CITY'S BEST INTEREST, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS TO
EFFECTUATE THIS VACATION INCLUDING A QUIT CLAIM DEED AND
UTILITY EASEMENT; SETTING A PUBLIC HEARING TO BE HELD
CONCURRENT WITH SECOND AND FINAL READING OF THE CITY'S
RESOLUTION APPROVING THE SUBJECT VACATION TO BE HELD AT THE
CITY COMMISSION MEETING OF MARCH 18, 2009 FOR PURPOSES OF
OBTAINING PUBLIC COMMENT THEREON.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
ANALYSIS
On January 28, 2009, the Miami Beach City Commission unanimously passed its Resolution
No. 2009-26995 approving and accepting a Settlement Agreement in Frank Otero and
JeHrev Gibbs vs City of Miami Beach La Gorce Country Club and DM Fence
Jud. Cir. Ct., Case No.: 05-17754 CA 30; this lawsuit was filed by two owners of lots abutting
the La Gorce Country Club who sought various forms of relief including a declaration of
boundary/title with regard to the street-ends running perpendicular to the boundaries of the
La Gorce Golf Course, said street-ends bordering easterly of Alton Road and located at
West 52"° Street, West 53'd Street, West 54t" Street, West 56'" Street, West 57`h Street,
West 58'" Street, West 59°' Street, and West 60'x' Street, as well as those street-ends
bordering westerly on La Gorce Drive and located at West 58'" Street, West 59"' Street,
West 60th Street and West 61" Street. The Settlement Agreement provided for the
following to occur upon execution of the Agreement:
-La Gorce Country Club will request partial vacation of West 57`" Street easterly of Alton
Road, and City will consider said application pursuant to conditions established in City
Charter and Code which require 4/7ths approval of Planning Board and 517ths approval
of the City Commission, agreeing to waive application fee, as well as appraisal and
bidding by 5/7ths Commission vote at time of vacation proceedings (or assume appraisal
cost absent a waiver), and further reserving to City a perpetual easement for utilities;
etc.;
-If vacation is approved, City will deliver to La Gorce a quit claim deed for the subject
portion of West 57~' Street and the City resolution approving vacation, and La Gorce will
deliver to the City a utility easement over the vacated portion of West 57'r' Street; La
Gorce will also deliver to City a quit claim deed for eleven of the subject 20 foot strips of
land in dispute bordering easterly of Alton Road and located at West 52"'' Street, West
53'~ Street, West 54°h Street, West 56'" Street, West 58`" Street, West 59th Street, and
West 60`" Street, and further bordering westerly of La Gorce Drive and located at West
58°i Street, West 59`h Street, West 60`h Street and West 61" Street;
-those portions of La Gorce's fence encroaching upon the City right-of-ways will be
removed from the public right-ot-ways and resituated by the City (at city expense) to the
respective perimeter portion of the La Gorce's property;
-tor purposes of establishing a procedure for any homeowner complaining of view
obstruction by La Gorce, said homeowner shall submit a written complaint to La Gorce
and if view dispute has not been resolved after thirty days from submittal of said
complaint, the homeowner may then submit a written complaint to the City for
investigation and response within forty-five days; and
-upon accomplishment of above in accordance with time frames more specifically set
forth within the Settlement Agreement, Plaintiff Gibbs will file a dismissal of lawsuit with
prejudice, all parties to assume their own costs and fees.
The City's historical use of the subject portion of West 57~ Street has been for placement of
underground utilities, which use will continue in the event vacation is approved via the grant
by La Gorce to the City of a perpetual Utility Easement.
The Country Club timely filed i[s request for vacation, and this matter is now within the
jurisdiction of the Planning Board to be heard after their February 24, 2009 meeting.
Planning Department Analysis
As required by City Code, the Planning Department Analysis is attached. Findings of the
analysis are that the request is consistent with the necessary findings to merit approval.
CONCLUSION
In the event the Planning Board approves the request for vacation, it is recommended that
the City Commission also approve the request.
Approval of the request for vacation of the subject portion of West 57°i Street will result in
final resolution of the long-standing and costly litigation between the City, La Gorce and
surrounding homeowners concerning ownership of the street-end properties (Citywill obtain
clear title), the rights of homeowners concerning views of the Country Club's golf course
(procedure for view complaints established in Agreement), as well as City's and
homeowners` use of the street-end properties (City will relocate the fences bordering the
street-ends, ensuring surrounding homeowners greater access and views to their private
properties, as well as providing City/public access to said street-end properties), Moreover,
in the event the vacation is approved, La Gorce will deed to t he City eleven of the 20 foot
strips of land in dispute, which lands total 13,426 square feet -compared to the area of the
West 58''' Street property totaling 7710 square footage, the amount of public land will be
increased by 5716 square feet.
2
Accordingly, in light of the public interest served thereby, it is recommended that the City
Commission approve the present request to vacate the subject portion of W est 57"' Street,
easterly of Alton Road.
JMGIRCMIsam
TaAGENDA'~2009tFebruary 25••Regular•LaGorce Public HearingCommemo2-25-09.doc
Attachments
3
STti.4RN5 ~~'BAVF:R 11'11LLER
«`ISlSSLERAL(LU>ItNF cC SITTERSUN.1'.A.
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Crn::il~ nulikrm:uui/;~wm<~•as.uau (305; ^89-;1(~iJ
January 3U, ZUO')
Via 1•'acsimile and Y?.S. Mail
Jean C)lin, Fsyuire =
Cily of b•1iami Ruch r
U
1700 Couvcntiurt Ccutcr llr'ive, d"' Floor
Miami Beach. Florida ;;139 -
4,
Rc: Gihhc au~l Otero nc. La Gorce Corurtq~ Cfreh er rrl. = -~ _
Cusr no.115-1775-CA-30 ~-
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L)car \1s. Ulin:
T'ursuam to the Scttlclncnt :ltrcement in the above rofcrenced matter and on beha] f oi' La
Gorce Country Club Ine.. La Gorce hereby submits its Vacation application to the City of ~iiarui
Beach for the vacation of ~t+'est ~"r Street easterly irf :~lAvt Road. TI're Proposed prescut use is
continuation of the existing use as a Parl.ing lot fur the clubhouse.
Sincerely-
~9ark Y. 17il;eman
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PLANNING DEPARTMENT
Staff Report & Recommendation PLANNING BOARD
To: Chairperson and Members DAr: February 24, 2009
Planning Board
FROM: Jorge G. Gomez, AICP~'
Planning Director
I
suelEa File No. 19t 9 -Portion of West 5T" Street, easterly of Alton Road.
The applicant, the City of Miami Beach has filed an application (pursuant to request by La Gorce
Country Club, Inc.) for vacation of a portion of the West 57'" Street street-end Easterly of Alton
Road.
Legal Description: Portion of W. 57'" Street bounded as follows: bounded on the North by the
South line of Lot 9, Block 9; bounded on the South bythe North line of Lot 1,
Block 11; bounded on the East by the Northerly extension of the East line of
said Lot 1, Block 11 and bounded on the West by the East right-of-way line
of Alton Road, all as shown in La Gorce-Golf Subdivision, Plat Book 14,
Page 43, Public Records ofMiami-Dade County, Florida, said lands located,
lying and being in Section 15, Township 53 South Range 42 East, City of
Miami Beach, Miami-Dade County, Florida.
ANALYSIS
Pursuant to Miami Beach City Code Section 118-51(11), the Planning Board is charged with the
review and approval of the sale, exchange, conveyance or lease of ten years or longer of certain
city-owned property, as provided in City Charter, subsection 1.03 entitled, "Alienability of property,"
subsection (b) 3, requiring approval by a majority (four-sevenths) vote of all members of the
Planning Board and asuper-majority (five-sevenths) vote of the City Commission. Inasmuch as a
vacation request constitutes both a "conveyance' and a "sale" of City property (pursuant to Chapter
j 82 of the City Codej, the requested vacation of this street-end falls within the scope of the Cify
I Charter calling for 4lT"s Planning Board approval. (The City Commission's approval is subject to
requirements contained in City Code Chapter 82, Article Ii, Sale or Lease of Public Property.)
In reviewing this application, the Planning Board is required by City Code to consider the following
' criteria, when applicable, which are analyzed below:
' a. Whether or not the proposed use is in keeping with City goals and objectives and
conforms to the City Comprehensive Plan.
The request to vacate the subject portion of West 57th Street; easterly of Alton Road, in
favor of the La Gorce Country Club has been made pursuant to a settlement agreement
approved by the City Commission on January 28, 2009. The settlement agreement provides
that if vacation is approved, the Country Club will deed to the City eleven 20' strips of land,
EXHIBIT
b
8 _ B
Planning Boanf
File No. 1919 - 5685 Afton Road
February 25, 2008 Page 2
the title of which were at issue in the litigation. The proposed use of the street-end after its
vacation is exactly as it is used today and for the past few decades, as part of the entrance
and parking lotto the La Gorse Country Club. The property no longer functions as a street
I end. Its vacation is consistent with City goals and objectives, in that acknowledging its use
as it exists will resolve a dispute with tha abutting property owners and Country Club as to
ownership and control of it and other properties in the vicinity.
The portion of the street-end being vacated is not designated ROS, Recreational Open
Space in the Future Land Use Map of the Comprehensive Plan, and its vacation is not
inconsistent with any of the Plan's goals, objectives or policies, and thus the proposed
vacation conforms to the Comprehensive Plan.
b. If a sale, a determination as to whether or not alternatnres are available for the
acquisition of private property as an alternative to the proposed disposition orsale of
i city-owned properties, including assembly of adjacent properties, and impact of such
assemblage on the adjacent neighborhood and the city in general.
No alternatives are available for the acquisition of private property as an alternative to the
proposed disposition of the street-end.
c. The impact on adjacent properties, including the potential positive or negative
impacts such as diminution of open space, increased traffic, adequate parking, noise
level, enhanced property values, improved development patterns, and provision of
necessary services.
~ The vacation of the easterly street end of West 57`" Street will not have any impact on
adjacent properties, and will acknowledge its role is no longer as a street-end, but is as part
of the entrance and parking lot for the La Gorse Country Club. The area in question is
surface driveway and parking area only, and its vacation and use as such will have no
impact on open space, traffic, parking, and noise or property values in the area. Moreover.
the City's historical use of the subject portion of West 57`" Street has been for placement of
underground utilities, which use will continue in the event vacation is approved via the grant
by La Gorse to the City of a perpetual Utility Easement.
d. Determination as to whether or not the proposed use is in keeping with the
surrounding neighborhood, blocks views or creates other environmental intrusions,
and evaluation of design and aesthetic considerations of the project
The proposed vacation is in keeping with the surrounding neighbofiood, and will not block
views or create any environmental intrusions.
e. A traffic circulation analysis and plan that details the impactof projected traffic on the
Immediate neighborhood and how this impact is to be m[tlgated.
' The proposed vacation is consistent with traffic circulation and projected traffic in and
around the immediate neighborhood, as the property is already functioning as the entrance
and parking lot of the La Gorse Country Club. No adverse impact exists or is projected that
needs to be mitigated.
Planning Board
Filo No. 1919 - 5&85 Alfon Road
February 25, 2009 Page 3
f. Determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, and improving the community's overall quality of life.
The vacation of the easterly street end of West 57`° Street and allowing its continued use as
the entrance and parking lot for La Gorce Country Club is in keeping with a public purpose
and community needs. The vacation will place the property on the tax roll, and further allow
a long and costly litigation to conclude in keeping with a public purpose of reducing cost and
expenses to the taxpayers of the City. In addition, If vacation is approved, the City will
receive as part of the settlement, a utility easement over the vacated portion of West 57'"
Street for its underground utilities, and a quit claim deed for eleven of the subject 20 foot
strips of land in dispute bordering the golf course easterly ofAlton Road and located at West
52"' Street, West 53'~ Street, West 54~' Street, West 56'" Street: West 58th Street, West 59`~
Street, and West 60'" Street, and further bordering westerly of the golf course and La Gorce
Drive, located at West 58~' Street, West 59~' Street, West 60'h Street and West 6131 Street;
these eleven strips of property total 13,426 square feet of land, which compared to the 7,710
square feet of the subject portion of West 57`" Street, will resuk in a gain of 5,715 square
feet of land for public use.
g. If a lease is proposed, the duration and other nonfinancial terms of the lease.
Not applicable.
STAFF RECOMMENDATION
In view of the above analysis, the documents presented with tl^e application and the
recommendation from the City Attorney's Office, staff recommends approval of the vacation of the
West 57'" Street street-end, easterly of Anon Road.
JGG/ML
c: Gary Held, First Assistant City Attorney
F9PLANt$PL81200912-240911919 - La Gorce street and rpl final.tloc
I
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