2009-27036 ResoRESOLUTION NO. 2009-27036
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING ON
SECOND AND FINAL READING SUBSEQUENT TO DULY
NOTICED PUBLIC HEARING, LA GORCE COUNTRY CLUB'S
REQUEST (AND RELATED CITY APPLICATION) FOR
VACATION OF A PORTION OF WEST 57'" STREET EASTERLY
OF ALTON ROAD IN THE CITY OF MIAMI BEACH, WAIVING
THE APPLICATION FEE AND WAIVING BY 5f7'"s VOTE THE
COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS
PURSUANT TO CITY CODE SECTION 82-39, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE
THIS VACATION, INCLUDING A QUIT CLAIM DEED AND
UTILITY EASEMENT.
WHEREAS, at its January 28. 2009 City Commission meeting, the Mayor and Ciiy 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. ("La Gorce") will seek vacation, reserving to the City a utility easement, of that
portion of West 57`" 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 Atton 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 Sauth Range 42 East, City of
Miami Beach, Miami Dade County, Florida'
with City to waive application fee and to waive appraisal and bidding by 5/7U' 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
417`"~ approval of Planning Board and 517'"5 approval of City Commission at public hearing; and
WHEREAS, La Gorce Country Club (owner of adjacent property located at 5685 Alton
Road) submitted its request for vacation of the subject portion of West 57~ Street, and the City's
application filed pursuant thereto. along with the required Planning Department study. was
considered by the Planning Board at its February 24, 2009 meeting, resulting in its approval of
said application by unanimous (717``") vote2: and
~ Survey of subject propzm• attached hereto as "Exhibit ,1".
` Ylarming llepartment study and rclalcd Plannin_ Board (Jrder attached hereto as "Composite Exhibit B".
WHEREAS, at its February 25. 2009 meeting, subsequent to the City Clerk's first
reading of Resolution title, the Mayor and City Commission passed its Resolution No. 2009-
27018 approving the subject vacation request on first reading and setting the second and final
reading and public hearing to hear public comment thereon for March 18, 2009; and
WHEREAS, at its March 18, 2009 meeting, subsequent to the City Clerk's second
reading of Resolution title, public hearing was held. At both the February 25, 2009 and March
18, 2009 meetings, the agenda records substantiated the Administration and City Attorney's
Office recommendations that the Mayor and City Commission approve by the required minimum
517chs vote this request for vacation (having determined compliance with requirements
established in City Charter and City Code, including criteria set forth in Code section 82-38),
including waiver of application fee and waiver by the required minimum 5/7'h~ vote of the
appraisal and competitive bidding requirements, finding such waiver to be in the City's best
interest.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that following second and final
reading of this Resolution and a duly noticed Public Hearing held on March 18, 2009 to hear
public comment thereon; and having determined compliance with requirements established in
City Charter and City Code, including criteria set forth in Code section 82-38, it hereby approves
and authorizes by 7 votes(thus satisfying the required minimum 5/7ths vote) the vacation of
that portion of West 57'~ Street easterly of Alton Road (legally described above) in the City of
Miami Beach in favor of La Gorce Country Club Inc., owner of the adjacent properly located at
5685 Alton Road in Miami Beach, reserving to the City a utility easement over the subject
vacated property, waiving the application fee and waiving the competitive bidding and appraisal
requirements pursuant to City Code section 82-39 (in satisfaction of the minimum 5/7ths vote
requirement), finding such waiver to be in the City's best interest, and further authorizing the
Mayor and City Clerk to execute any and all documents to effectuate this vacation, including a
Quit Claim Deed and Utility Easement.
PASSED AND ADOPTED thist~ch day of march 2009.
ATTEST
6~
Matt Herrera Bower ,
~I}}I ` Mayor
Robert Parcher /1FPROVfD'4S ~
City Clerk FOP1Mt & LAN~!lgGE
~ ~oK cur~oN
;~
~~~ 3 tp 09
Elanol0LIJ1RESOS'~LaGorce Auth Execetion Docs Effec Transaction.doc.
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving on Second Reading and Final Reading subsequent to Duly Noticed Public
Hearing La Gorce Country Club's request (and related City application) for vacation of a portion of West
57'" Street easterly of Alton Road waiving the application fee and waiving by 517'" vote the competitive
bidding and appraisal requirements pursuant to City Code Section 82-39, finding such wavier to be in the
best interest of the Cit .
Ke Intended Outcome Su orted:
N1A
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
Shall the Mayor and City Commission approve the Resolution?
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 Jeffrey Gibbs vs. City of
Miami Beach La Gorce Country Club and DM Fence Coro., 11 Judi 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 boundaryltitle 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 52nd Street, West 53id Street, West 54'" Street, West 56'"Street. West 5T"Street. West 58'"Street,
West 59'"Street, and West60d' 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 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 anatysis 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 approve the request.
Advisory Bo_ and Recommendation:
i N1A _ _`_
Financial Information: __ _
Source of Amount Account
---
Funds: ~
OBPt I Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking: _ _ _
Robert C Middaugh, Assistant City Manager
Si n-Offs:
Department Director Assists ity Manager
__ City Manager
.__
RC JMG n, _
_ __
T tAGENDA`~009tMarch 181RegulartLaGorw Public HearingSum3-18-09.doc /~'
I~ ~ !
l ~-
m MIAMIBEACH AGENDAITEM_ 'L11-~
DATE 3`(g"0°l
m MIAMIBEACH
City of Miami Beach, VOG Convonlion Center Drive, Miami Reoch, Florica 33139, www.rniomibcocLlLAov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ^; ~ j`'~\
1, J
DATE: March 18, 2009 SECOND~I2EADING PUBLIC HEARING
SUBJECT- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING ON SECOND AND FINAL READING
SUBSEQUENT TO DULY NOTICED PUBLIC HEARING, LA GORCE COUNTRY
CLUB'S REQUEST (AND RELATED CITY APPLICATION) FOR VACATION OF
A PORTION OF WEST 57T" STREET EASTERLY OF ALTON ROAD IN THE
CITY OF MIAMI BEACH, WAIVING THE APPLICATION FEE AND WAIVING BY
5/7THS VOTE THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS PURSUANTTO CITY CODE SECTION 8239, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL
DOCUMENTS TO EFFECTUATE THIS VACATION, INCLUDING AQUITCLAIM
DEED AND UTILITY EASEMENT.
Approve the Resolution.
ANALYSIS
On January 28, 2009, the Miami Beach City Commission unanimously passed ifs Resolution
No. 2009-26995 approving and accepting a Settlement Agreement in Frank Otero and
Jeffrey 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
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 52rtl Street, West 53`0 Street, West 54"' Street, West 56'a Street, West 57"' 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 6151 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 5f7ths 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'" 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, Wesl
53`° Street, West 54'" Street, West 56"' Street, West 58'" Street, West 59'" Street, and
West 60"'Street, and further borderin~ westerly of La Gorce Drive and located at West
58'" Street, West 59`" Street, West 60 r' Street and West 61 S' Street;
-those portions of La Gorce's fence encroaching upon the City right-of-ways will be
removed from the public right-of-ways and resituated by the City (at city expense) to the
respective perimeter portion of the La Gorce's property;
-for 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 placementof
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 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.
Planning Department Analysis
As required by City Code Section 82-38, the Planning Department Analysis of the vacation
request is attached, as well as unanimous order of the Planning Board approving the
application for vacation. Findings of the analysis are that the request is consistent with the
necessary findings to merit approval. A public purpose is found to exist, the public's
interests are protected and no adverse/negative impacts have been determined to exist if
the vacation is granted.
Bid Process Requirement
Section 82-39 of the City Code requires that any conveyance of right-of-way be done
through a public bid process with accompanying property appraisal; this Section of the Code
may be waived by the City Commission upon a 517'" vote of the Commission finding such
waiver of these conditions of bidding and appraisal to serve the public interest. In this
specific situation, it is recommended that the City Commission find that the public interest is
best served by waiving the bid and appraisal process otherwise required by City Code.
CONCLUSION
The Planning Board approved the request for vacation, and it is recommended that the City
Commission also approve the request.
Approval of the request for vacation of the subject portion of West 57"' 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 (City will 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 Cily'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 Citylpublic access to said street-end properties). Moreover,
in the event the vacation is approved, La Gorce will deed to t he Ciry 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.
Accordingly, in light of the public interest served thereby, it is recommended that the City
Commission by 517'" vote waive the competitive bid and appraisal requirements of the City
Code and approve the present request to vacate the subject portion of West 57"' Street,
easterly of AI n Road.
JM
T:~.A DA'~.2009'~.March 78lRegularSLaGorce Pubiic HearingComrnemo3-tD-09.doc
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S'1'EaRNS WEAVIstiMI1,LER
WEISSLERALH.4DERF & SCl'TERSOIY, I'.A
Miami Fr. Lauderdale • Tampa
Marx P. Dikeman MuSewn Tower, Sane 2200
Dirxxa Line: (305) 7R4-3537 1 i0 \rles: Flagier Strcct
Fnx: (;i05) 789-3395 Mimni, Florida 33130
F~mnil: mdikaman aswmwas.eom (30,5) 7R9-3200
Jaltuary 30, 2009
Via Facsimile and ti.S. Mail
Jeart Olin, Esquire = o
Office of City Attorney K `D
City of Miami Beach ~ p ^~
?'
1700 Convention Center Drive, 4'" Floor ~ i i':
]vtiami Beach, Florida 33139 ~ ~' ''"
K ~
v' .3;
Re: Gibbs nnrl Otero vs. La Gorce Country Club et al. ~= ru ~ ~'
~:
Case No. OS-17754-CA-30 ~ .c- `"'
m to
Dear Ms: Olin:
Pursuant to the Setflement Agreement in the above referenced matter and on behalf of La
Gorce Country Club Inc., La Gorce hereby submits its Vacation Application to the City of Miami
Beach for the vacation of West 57`" Street easterly of Alton Road. The proposed present use is
continuation of the existing use as a parking lot for the. clubhouse.
Sincerely,
~ ~~~~~~,
~V
Mazk P. Dikeman
M?Dsmf
viwwstea_mswaav er.com
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STE;~RNS R'r.aVER ~'1tL1.1<R
~V D:13SLER e1Lt I aDEFF a S[ Pl'V:ItSO\, Y.
Miami F:. Lzudc-:I:Je Tampa
Mart: I'. Uil:cman bt m: uu:"to«'er. Suite 32110
Direct Line: flfr5j ?R4-3d3? !?~7 Wal Flaclci tilmel
fax. (305'r ?R9-33v5 A~7 mmi, f luriu:r ?31 bo
Emaih mdikcrnan~uswrnm~a..cort t:0~j'R9-:20;1
~anllaI)' ?~, lnny
Via Facsimile and U-ti. Mail
Jean Olin, Esquire - ~
i )fiice aF Cav !? t!;;rt:cZ -` `~ _
T
Cin vfD4iatni Beach -- r'r
1700 Com enlion Center llrive, ~`h Flaor -`_ r = .
Miami Reach, Florida 3?1.g ~- r~'~ '
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v. =:
Re: Gibbs mrrl Otero vs. Lo Garce Cortntrv Clatb el rd. '=_ ~~
Case Vo. US-177~~-CA-30 r
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bear his: Olin:
1'ursu<~nt to the Settlement Agreement in the above rei<renecd [natter <md on behalf of La
Gorce Country Club lnc., La Gorce hereby submits its Vacation Application to the City of Miami
Beach Ibr the Vacation of ~Tr%est i?ih Street casterl~ of .41ton Road. The proposed present use Is
continuation o2 the. c~isting use as a parking lot for the clubhouse.
Sinucrcly.
Mark P. Dikeman
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PLANNING DEPARTMENT
Staff Report & Recommendation PLANNING BOARD
TC: Chairperson and Members Ogre: February 24, 2009
Planning Board
FROM: Jorge G. Gomez, AICP~'"'
Planning Director
SGBJECf: File No. 1919 -Portion of West 57°i Streei, easterly of Afton 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 UVest 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 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 Af•,on Road, all as shown in La Gorce-Golf Subdivision, P:a'. Book 14,
Page 43, Public Records of Miami-Dade County, Florida, said lands located,
lying and being in Section 15, Township 53 South Range 42 East: City of
Miami Beach, tdiami-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 saSe, exchange, conveyance or lease of ten years or longer of certain
city-owned property, as provided in City Charter, subsection 1.03 entitled, "Alienab(Ilty of property,"
subsection (h). 3, requiring approval by a majority (four-sevenths) vote of all membors 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
82 of the City Code), the requested vacaticn o` fhis street-end falls within the scope of the City
Charter calling for4l7``s Planning Board approval. (The City Commission's approval is subject to
requirements contained in City Code Chapter 82, Article ll, Sale or Lease of Public Property.)
In reviewing this application, the Planning Board is required by City Codeio consider the following
criteria, when applicable, which are analyzed belove:
a. Whether or not the proposed use is in keeping with City goats and objectives and
conforms to the City Comprehensive Ptan.
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 settiement agreement
approved by the Ciiy 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 o` land,
EXHIBIT
(Compostte)
9 B
Plannin5 Board
Five Nc. J919 - 5685 Alton Road
February 25, 2003 _ PaSe 2
the Title of which were at issue in `one !ligation. The proposed use of the street-end after ifs
vacation is exactly as it is used today and for the past flew decades, as par, of the entrance
and parking lot to tha La Gorce Country Club. The propery no longerfunctions as astreet-
end. Its vacation is consistent with City goals and objectives, in that acknowledging its use
as it exists will resolve a dispute with the abutting property owners and Country Club as to
ownership and control of it and other properties ir. the vicinity.
The portion o`. the street-end being vacated is not designated ROS, Recreational Cpen
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 tc the Comprehensive Plan.
b. If a sale, a determination as to whether or nat alternatives are available for the
acquisition of private property as an akernative to the proposed disposition orsale of
city-owned properties, including assembly of adjacent properties, and impactofsuch
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 5T" Street will not have any impact on
adjacent properties, and will acknowledge its role is no longer as astreet-end, but is as part
of the entrance and parking lot for the La Gorce Country Club. Tho area ir. question is
surface driveway and parking area only, and its vacation and use as such wil'. 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 Wesf 57" Street has been for placement of
underground utilities, which use will continue in the evenivacation is approved via the grant
by La Gorce to the City of a perpetual Utiliy 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 neighbcrhood, and will not block
views or create any environmental intrusions.
e. A traffic circuiatior. analysis and plan that details the Impact of projected traffic on the
immediate neighborhood and how thts Impact is to'be mitigated.
The proposed vacation is consistent with traffic circulation and projected traffic in and
around the immediate neighborhood, as the property is already functioning asthe entrance
and parking lot of the La Gorce Country Club. No adverse impact exists or is projected that
needs to be mitigated.
345
Planning Board
F1ie No. 1919 - 5665 AHon Rcad
Febrnar~ 25, 2GG9 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 5T" Street
the entrance and parking lot for La Gorse Country Club is
and community needs. The vacation will placethe propen
along and costly litigation to conclude ir. keeping with a pu
expenses to the taxpayers of the City. In .addition, If vs
receive as part of the settlement, a utility easement over
Street for its underground utifties, and a quit claim deed
Drive, located at Wes; 58°' Street, West
of land for public use.
g. If a lease is proposed, the duration and other nonfinancial terms of the lease.
Not applicable.
In view of the above analysis, the documents presented with the application and the
recommendation from the City Attorneys Office, staff recommends approva: of the vacation of the
West 5T" SVeet street-end, easterly of Altor. Road.
JGG/ML
c: Gary Held, First Assistant City Attorney
F:\~1hN15?I.B~CJ9'Q-2a~09`d 919 • La Gorce street end r9t ficaldoc
346
PLANNING BOARD
CITY OF MIAMI BEACH, FLORIDA
PROPERTY: Portion of West 57"' Street, easterly of Alton Road.
FILE NO: 1919
IN RE: The application by the City of Miami Beach (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. 57th 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 Tine 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: lying and being in Section 15,
Township 53 South Range 42 East, City of Miami Beach, Miami-Dade
County, Florida.
MEETING DATE: February 24. 2009
FINAL ORDER
The applicant. City of Miami Beach filed an application with the Planning Director pursuant to
Section 118-51 (11) of the Land Development Regulations of the Code of the City of Miami
Beach, Florida. Notice of the request was given as required by law and mailed out to owners of
property within a distance of 375 feet of the exterior limits of the property, upon which the
application was made.
The Planning Board of the City of Miami Beach 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:
That 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;
That no alternatives are available for the acquisition of private property as an alternative
to the proposed disposition of the street-end;
That 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
I of 2
not inconsistent with any of the Plan's goals, objectives or policies: and thus the
proposed vacation conforms to the Comprehensive Plan;
That the vacation of the easterly street end of West 571' 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 Gorce Country Club;
That the proposed vacation is in keeping with the surrounding neighborhood, and will not
block views or create any environmental intrusions:
That 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 Gorce Country Club;
That 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.
IT IS THEREFORE ORDERED, based upon the foregoing findings of fact, the application,
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 is adopted herein: including
the staff recommendation, that the vacation of a portion of the West 57th Street street-end
easterly of Alton Road as requested and set forth above is hereby approved by a unanimous
vote (7-0).
Dated this ~U~' day of ~IaY Ch , 2009.
PLANNING B99ARD OF THE
CI~1' OF MIAMI Bf~CH. FLORIDA
BY: d Y" "
Jorg . G mez, ICP, Plan i Director
FOR THE CHAIRMAN
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
v~
The foregoing instrument was acknowledged before me this ~ ~ ' day of
(Vl~r Cf'~ ZOD~I , by Jorge G. Gomez, AICP, Planning Director of the City of
Miami Beach, Florida, a Florida Municipal Co rporation, on behalf of the corporation. He is
personally known to me.
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