2014-28608 Reso RESOLUTION NO, 201428608
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER
APPROVING, ON SECOND READING (PURSUANT TO SECTION 82-37 (a)(2)
OF THE CITY CODE), THE VACATION OF 87TH TERRACE (NASTURTIUM
STREET PER PLAT), A 50 FOOT RIGHT OF WAY EAST OF COLLINS
AVENUE (CONTAINING APPROXIMATELY 18,042 SQ. FT IN TOTAL AREA),
AS SHOWN ON THE PLAT OF ALTOS DEL MAR SUBDIVISION NUMBER 2,
RECORDED IN PLAT BOOK( 4, PAGE 162, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, IN FAVOR OF 8701 COLLINS DEVELOPMENT, LCC
(THE APPLICANT); WAIVING, BY 5/7THS VOTE, THE COMPETITIVE
BIDDING REQUIREMENTS (PURSUANT TO SECTION 82-39 (a) OF THE CITY
CODE), FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY
WAVING SUCH CONDITION; AND DIRECTING THE CITY'S PLANNING
DEPARTMENT TO PREPARE A PLANNING ANALYSIS (PURSUANT TO
SECTION 82-38 OF THE CITY CODE) RELATED TO THE PROPOSED
VACATION.
WHEREAS, the City holds a right of way dedication to a fifty (50) foot wide road, running
from Collins Avenue, east 360 feet to "Parcel A", as set forth in the sketch attached as Exhibit
"A" hereto, which originated when the Plat of Altos Del Mar Subdivision Number 2 was platted in
1920 and approved by the City (the aforestated property is hereinafter referred to as the "City
Right of Way" or"City ROW"); and
WHEREAS, 8701 Collins Development, LCC (the Applicant) owns the property to the
south of, and adjacent to, the City Right of Way; the Applicant's property is the Biltmore Terrace
Hotel (formerly known as the Dezerland Hotel), located at 8701 Collins Avenue Miami Beach,
Florida (Applicant's property is hereinafter referred to as the "Property"); and
WHEREAS, Applicant intends to redevelop the current hotel located on the Property,
together with the parking lot located on the north half of the property, into a hotel, condo-hotel
and residential condominium (the "Proposed Development"); and
WHEREAS, in conjunction with Applicant's Proposed Development on .the Property,
Applicant is requesting that the City vacate the City ROW, and has submitted its application to
the City's Public Works Department with respect thereto; and
WHEREAS, pursuant to the City's existing Administrative policies and procedures to
consider the vacation of the City streets, alleys, and/or rights of way, which also require
compliance with Article II, Sections 82-36 through 82-40 of the City Code (which establish the
procedures governing the sale or lease of public property), in addition to the aforestated
application, prior to considering a request for vacation, the following requirements must be
satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the City
Commission on two separate meeting dates, with the second reading to be
accompanied by a duly noticed public hearing, in order to obtain citizen input into the
proposed vacation;
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects
Committee ("Committee") for its review (Note: The Committee reviewed the proposed
vacation at its May 20, 2014 meeting);
3) In order for the City Commission and the public to be fully appraised of all conditions
relating to the proposed vacation, the City's Planning Department shall prepare a written
planning analysis, to be submitted to the City Commission concurrent with its
consideration of the proposed vacation;
4) The City shall obtain an independent appraisal of the fair market value of the property
proposed to be vacated, which shall include a definition of the property based on
proposed and possible issues including, without limitation, the highest and best use of
the property by the Applicant (Note: An appraisal was obtained by the City's Public
Works Department on April 2, 2014; and
WHEREAS, although the City's procedures for the lease or sale of public property also
require an advertised public bidding process, the requirement may be waived by 5/7th vote; in
this case, and due to the nature of the law pertaining to the vacation of rights of ways, the City
Administration recommends that the Mayor and City Commission waive the competitive bidding
requirement, finding that the public interest is served by waiving such condition.
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 hereby set a public hearing, to consider approving, on second reading (pursuant to
Section 82-37 (a)(2) of the City Code), the vacation of 87th Terrace (Nasturtium Street per plat),
a 50 foot right of way east of Collins Avenue (containing approximately 18,042 sq ft. in total
area), as shown on the plat of Altos Del Mar Subdivision Number 2, recorded in Plat Book 4,
Page 162, of the Public Records of Miami-Dade County, in favor of 8701 Collins Development,
LCC (the Applicant); waiving, by 5/7ths vote, the competitive bidding requirements, pursuant to
Section 82-39 (a) of the City Code, finding that the public interest would be served by waving
such condition; and directing the City's Planning Department to prepare a planning analysis
(pursuant to Section 82-38 of the City Code) related to the proposed vacation.
PASSED and ADOPTED this 21 day of
ATTEST: r0i BE�,
1NCORF ORATED: P NE, MAYOR
RALPH GRANADO, CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
QJ, .1- 5 r 4-
City Attorney Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A
Public Hearing To Consider Approving, On Second Reading (Pursuant To Section 82-37 (A)(2) Of The
City Code), The Vacation Of 87th Terrace (Nasturtium Street Per Plat), A 50 Foot Right Of Way East
Of Collins Avenue (Containing Approximately 18,042 Sq. Ft In Total Area), As Shown On The Plat Of
Altos Del Mar Subdivision Number 2, Recorded In Plat Book 4, Page 162, Of The Public Records Of
Miami-Dade County, In Favor Of 8701 Collins Development, LCC (The Applicant); Waiving, By 5/7ths
Vote, The Competitive Bidding Requirements (Pursuant To Section 82-39 (A) Of The City Code),
Finding That The Public Interest Would Be Served By Waving Such Condition; And Directing The
City's Planning Department To Prepare A Planning Analysis (Pursuant To Section 82-38 Of The City
Code) Related To The Proposed Vacation.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc N/A
Item Summary/Recommendation:
The City holds a right of way dedication to a fifty (50) foot wide road, running from Collins Avenue,
east 360 feet to "Parcel A", as set forth in the sketch attached as Exhibit "A" hereto, which originated
when the Plat of Altos Del Mar Subdivision Number 2 was platted in 1920 and approved by the City
(the aforestated property is hereinafter referred to as the"City Right of Way" or"City ROW").
8701 Collins Development, LCC (the Applicant) owns the property to the south of, and adjacent to,
the City Right of Way; the Applicant's property is the Biltmore Terrace Hotel (formerly known as the
Dezerland Hotel), located at 8701 Collins Avenue Miami Beach, Florida (Applicant's property is
hereinafter referred to as the"Property"). The Applicant intends to redevelop the current hotel located
on the Property, together with the parking lot located on the north half of the property, into a hotel,
condo-hotel and residential condominium (the "Proposed Development"). In conjunction with
Applicant's Proposed Development on the Property, Applicant is requesting that the City vacate the
City ROW, and has submitted its application to the City's Public Works Department with respect
thereto.
Pursuant to the City's existing Administrative policies and procedures to consider the vacation of the
City streets, alleys, and/or rights of way, which also require compliance with Article II, Sections 82-36
through 82-40 of the City Code (which establish the procedures governing the sale or lease of public
property), in addition to the aforestated application, prior to considering a request for vacation, a list of
requirements must be satisfied.
Although the,City's procedures for the lease or sale of public property also require an advertised
public bidding process, the requirement may be waived by 5/7th vote; in this case, and due to the
nature of the law pertaining to the vacation of rights of ways, the City Administration recommends that
the Mayor and City Commission waive the competitive bidding requirement, finding that the public
interest is served by waiving such condition.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION TO SET THE PUBLIC
HEARING.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds:
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director Assisfdftty Manager Ci Manager
G5 ETC T JLM
tAagenda\2014\may\87th terrace vacation sum.docx 0
AGE A ITEM. I�
_
MIAM- IBEACH DATE
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o he City Co ission
FROM: Jimmy L. Morales, City Manager
i
DATE: May 21, 2014
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SET ING A PUBLIC HEARING TO CONSIDER
APPROVING, ON SECOND READING (PURSUANT TO SECTION 82-37 (a)(2) OF
THE CITY CODE), APPROVING THE VACATION OF 87TH TERRACE
(NASTURTIUM STREET PER PLAT), A 50 FOOT RIGHT OF WAY EAST OF
COLLINS AVENUE (CONTAINING APPROXIMATELY 18,042 SQ. FT IN TOTAL
AREA), AS SHOWN ON THE PLAT OF ALTOS DEL MAR SUBDIVISION NUMBER
2, RECORDED IN PLAT BOOK 4, PAGE 162, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, IN FAVOR OF 8701 COLLINS DEVELOPMENT, LCC (THE
APPLICANT); WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING
REQUIREMENTS (PURSUANT TO SECTION 82-39 (a) OF THE CITY CODE),
FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAVING SUCH
CONDITION; AND DIRECTING THE CITY'S PLANNING DEPARTMENT TO
PREPARE A PLANNING ANALYSIS (PURSUANT TO SECTION 82-38 OF THE
CITY CODE) RELATED TO THE PROPOSED VACATION.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution to set the public hearing.
BACKGROUND
The City holds a right of way dedication to a fifty (50) foot wide road, running from Collins
Avenue, east 360 feet to "Parcel A", as set forth in the sketch attached as Exhibit "A" hereto,
which originated when the Plat of Altos Del Mar Subdivision Number 2 was platted in 1920 and
approved by the City (the aforestated property is hereinafter referred to as the "City Right of
Way" or"City ROW").
8701 Collins Development, LCC (the Applicant) owns the property to the south of, and adjacent
to, the City Right of Way; the Applicant's property is the Biltmore Terrace Hotel (formerly known
as the Dezerland Hotel), located at 8701 Collins Avenue Miami Beach, Florida (Applicant's
property is hereinafter referred to as the "Property").
The Applicant intends to redevelop the current hotel located on the Property, together with the
parking lot located on the north half of the property, into a hotel, condo-hotel and residential
condominium (the "Proposed Development").
Vacation of 87"' Terrace east of Collins Ave-Memo
May 21, 2014 Page 2 of 2
In conjunction with Applicant's Proposed Development on the Property, Applicant is requesting
that the City vacate the City ROW, and has submitted its application to the City's Public Works
Department with respect thereto.
Pursuant to the City's existing Administrative policies and procedures to consider the vacation of
the City streets, alleys, and/or rights of way, which also require compliance with Article II,
Sections 82-36 through 82-40 of the City Code (which establish the procedures governing the
sale or lease of public property), in addition to the aforestated application, prior to considering a
request for vacation, the following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the City
Commission on two separate meeting dates, with the second reading to be
accompanied by a duly noticed public hearing, in order to obtain citizen input into the
proposed vacation;
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects
Committee ("Committee") for its review (Note: The Committee reviewed the proposed
vacation at its May 20, 2014 meeting);
3) In order for the City Commission and the public to be fully appraised of all conditions
relating to the proposed vacation, the City's Planning Department shall prepare a written
planning analysis, to be submitted to the City Commission concurrent with its
consideration of the proposed vacation;
4) The City shall obtain an independent appraisal of the fair market value of the property
proposed to be vacated, which shall include a definition of the property based on
proposed and possible issues including, without limitation, the highest and best use of
the property by the Applicant (Note: An appraisal was obtained by the City's Public
Works Department on April 2, 2014; and
Although the City's procedures for the lease or sale of public property also require an advertised
public bidding process, the requirement may be waived by 5/7th vote; in this case, and due to
the nature of the law pertaining to the vacation of rights of ways, the City Administration
recommends that the Mayor and City Commission waive the competitive bidding requirement,
finding that the public interest is served by waiving such condition.
CONCLUSION
The Administration recommends approving the Resolution to set the public hearing.
JLM/MT/ETC/JJF
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