2016-29489 Reso RESOLUTION NO. 2016-29489
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON
SECOND AND FINAL READING OF THIS RESOLUTION AND
FOLLOWING A DULY NOTICED PUBLIC HEARING
PURSUANT TO SECTION 82-37(a), OF THE CITY CODE, THE
VACATION OF 2,000 SQUARE FEET WITHIN THE ALLEY
KNOWN AS ALTON COURT (HEREINAFTER THE "ALLEY);
SAID VACATION IN FAVOR OF THE ADJACENT PROPERTY
OWNERS, 1681 WEST VENTURES, LLC AND 1698 ALTON
ROAD VENTURES, LLC (COLLECTIVELY THE
"DEVELOPER"); AND FURTHER CONDITIONING THE
VACATION OF THE ALLEY ON: (1) THE ISSUANCE BY THE
CITY OF TWO QUIT CLAIM DEEDS; (2) THE GRANTING OF
AN ACCESS AND USE EASEMENT BY THE DEVELOPER TO
THE CITY; AND (3) THE FINAL APPROVAL AND EXECUTION
OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY
AND THE DEVELOPER.
WHEREAS, the City holds a right-of-way dedication to a 20 foot wide public right-
of-way alley known as Alton Court, running parallel and between Alton Road and West
Avenue, between 17th Street and Lincoln Road (hereinafter referred to as the "Alley");
and
WHEREAS, 1681 West Ventures, LLC owns the property to the west of, and
adjacent to, the City's Alley, along the first 150 feet of the Alley closest to 17th Street;
and
WHEREAS, 1698 Alton Road Ventures, LLC owns the property to the east of,
and adjacent to, the Alley, along the first 100 feet of the Alley closest to 17th Street; and
WHEREAS, 1681 West Ventures, LLC and 1698 Alton Road Ventures, LLC,
have the same principals, and shall be collectively referred to herein as the "Developer";
and
WHEREAS, the Developer is seeking to develop a mixed-use project with
residential and retail/restaurant and structured parking, consistent with the CD-2 zoning
regulations (hereinafter, the "Project"); and
WHEREAS, as part of the Project, the Developer seeks to have the City vacate
the north 100 feet of the Alley, located between Developer's parcels, for the 20 foot
width of the Alley, for a total of 2,000 square feet(which limited area shall be referred to
as the "City Parcel"), with the remainder of the Alley not being vacated; and
WHEREAS, the Developer has requested that the City vacate the City Parcel in
order to incorporate the City Parcel, including, without limitation, the Floor Area Ratio
(FAR) attributable to the City Parcel, into the Project; provided, however, the Developer
has represented to the City that no habitable structures, parking areas, or amenities
shall be placed within the City Parcel, as the vacated area shall be used solely for
"bridge" purposes to link the Developer's parcels; and
WHEREAS, Section 177.085, Florida Statutes, provides that, upon the
abandonment of a right-of-way, all rights to the former right-of-way revert to the owners
of the lots abutting such right-of-way; and
WHEREAS, a City may vacate roads when the vacation is in the public interest,
or when the street is no longer required for public use and convenience; and
WHEREAS, the overall Project and underlying Development Agreement to be
entered into by the City and Developer as a condition of the proposed vacation, would
reduce the City's costs due to the implementation of the maintenance agreement for
Alton Court; provide for a new sewer line along the vacated area which line provides
water and sewer services to Sunset Harbour; and would ensure that the City obtain a
perpetual access and use easement area along the entire length of the vacated City
Parcel for continued vehicular access and underground utility access; and
WHEREAS, the Administration, through its Public Works Department, hereby
represents that the Developers have complied with the application requirements and
submittals in accordance with the City's Guidelines for Vacation or Abandonment of
Streets or Other Rights of Way, and pursuant to Sections 82-36 through 82-40 of the
City Code; and
WHEREAS, pursuant to City Code Section 82-37(a)(1), the proposed vacation
must also be referred to the Finance and Citywide Projects Committee, which heard the
vacation request on June 17, 2016; and
WHEREAS, on June 8, 2016, pursuant to Resolution No. 2016-29439, the City
Commission waived the competitive bidding requirements of City Code Section 82-39(a),
as by operation of law, the adjacent property owners (i.e. the Developer) are the only
entitled parties to which the vacated right-of-way (the City Parcel) can be conveyed; and
WHEREAS, pursuant to City Code Section 82-38, the Planning Department has
provided the City Commission with a planning analysis relating to the six (6) elements for
vacating City Property, which analysis is included in the agenda; and
WHEREAS, in accordance with City Code Section 82-39(b), an appraisal was
obtained by the City for the City's Parcel; and
WHEREAS, the Finance and Citywide Projects Committee recommended
accepting a voluntary contribution by the Developer to the City of $$665,000.00, and
recommended vacating the City Parcel.
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, approve, on second and final reading of this resolution and following a duly
noticed public hearing pursuant to Section 82-37(a), of the City Code, the vacation of
2,000 square feet within the alley known as Alton Court (hereinafter the "Alley); said
vacation in favor of the adjacent property owners, 1681 West ventures, LLC and 1698
Alton Road Ventures, LLC (collectively the "Developer"); and further conditioning the
vacation of the Alley on: (1) the issuance by the City of two quit claim deeds; (2) the
granting of an access and use easement by the Developer to the City; and (3) the final
approval and execution of a Development Agreement between the City and the
Developer.PASSE D and ADOPTED this 6 day of ftff1'L/'
, 2016. ,
✓''
PHILIP LE 1 • E /''41'
ATTE . r
.�J-J 1- 2- 2ci t . _ f
RAFAEL E. GRANADO, CITY C -° B �,fyi ;
�C�'.• ''' APPROVED AS TO
�.: , f----:-.''-'� \1 FORM & LANGUAGE
.1 - & FOR EXECUTION
1.INCORP ORATED: i4 1n n \_, �Zq (( (0
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T:WGENDA\2016\July\Public Works\Alton Court Vacation second reading resolution final.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving, On Second And Final Reading Of This Resolution And Following A Duly Noticed Public
Hearing, Pursuant To Section 82-37(A), Of The City Code,The Vacation Of 2,000 Square Feet Within The Alley Known
As Alton Court (Hereinafter The "Alley); Said Vacation In Favor Of The Adjacent Property Owners, 1681 West
Ventures, LLC And 1698 Alton Road Ventures, LLC (Collectively The "Developer"); And Further Conditioning The
Vacation Of The Alley On: (1)The Issuance By The City Of Two Quit Claim Deeds;(2)The Granting Of An Access And
Use Easement By The Developer To The City; And (3) The Final Approval And Execution Of A Development
Agreement Between The City And The Developer. 10:35 A.M. Public Hearing,
Key Intended Outcome Supported:
Build and maintain priority infrastructure with full accountability
Item Summary/Recommendation:
The City holds a right-of-way dedication to a 20 foot wide public right-of-way alley known as Alton Court(hereinafter
referred to as the"Alley"), running parallel and between Alton Road and West Avenue, between 17th Street and Lincoln
Road.
1681 West Ventures, LLC owns the property to the west of, and adjacent to, the City's Alley along the first 150 feet of
the Alley closest to 17th Street. 1698 Alton Road Ventures, LLC owns the property to the east of, and adjacent to, the
Alley, along the first 100 feet of the Alley closest to 17th Street. 1681 West Ventures, LLC and 1698 Alton Road
Ventures, LLC, have the same principals, and shall be collectively referred to herein as the"Developer".
As part of the Project, the Developer seeks to have the City vacate the north 100 feet of the Alley, located between
Developer's parcels, for the 20 foot width of the Alley(which limited area shall be referred to as the"City Parcel"),for a
total of 2,000 square feet,with the remainder of the Alley not being vacated. The Developer has requested that the City
vacate the City Parcel in order to incorporate the City Parcel, including, without limitation, the Floor Area Ratio(FAR)
attributable to the City Parcel, into the Project; provided, however, no habitable structures, parking areas, or amenities
shall be placed within the City Parcel, as the vacated area shall be used solely for "bridge" purposes to link the
Developer's parcels.
The Administration, through its Public Works Department, have indicated that the Developers have complied with the
application requirements and submittals in accordance with the City's Guidelines for Vacation or Abandonment of
Streets or Other Rights of Way, and pursuant to Sections 82-36 through 82-40 of the City Code.
Pursuant to City Code Section 82-38,the Planning Department is required to prepare a planning analysis relating to the
six(6)elements for vacating City Property and shall produce said written report prior to final City Commission action on
the proposed vacation. In accordance with City Code Section 82-39(b), an appraisal was obtained by the City for the
City's Parcel.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
n/a
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric Carpenter, Public Works X6012
Sign-Offs:
Assistant Department Assistant City City MI ager
Direc r Marla. ,l PW .;�
T:■ GENDA\20161July\Public Works'Alton Court vacation second -ading-summary.docx
Agenda Item Ri
M I AM I B EAC H Date 7-13-1C.
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City S;.mmission
FROM: Jimmy L. Morales, City Manager
DATE: July 13, 2016
SUBJECT: A RESOLUTION APPROVING, ON SECOND AND FINAL READING OF THIS
RESOLUTION AND FOLLOW G A DULY NOTICED PUBLIC HEARING,
PURSUANT TO SECTION 82-37(A), OF THE CITY CODE, THE VACATION OF
2,000 SQUARE FEET WITHIN THE ALLEY KNOWN AS ALTON COURT
(HEREINAFTER THE "ALLEY); SAID VACATION IN FAVOR OF THE ADJACENT
PROPERTY OWNERS, 1681 WEST VENTURES, LLC AND 1698 ALTON ROAD
VENTURES, LLC (COLLECTIVELY THE "DEVELOPER"); AND FURTHER
CONDITIONING THE VACATION OF THE ALLEY ON: (1) THE ISSUANCE BY THE
CITY OF TWO QUIT CLAIM DEEDS; (2) THE GRANTING OF AN ACCESS AND
USE EASEMENT BY THE DEVELOPER TO THE CITY; AND (3) THE FINAL
APPROVAL AND EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN
THE CITY AND THE DEVELOPER. 10:35 A.M. PUBLIC HEARING.
BACKGROUND
The City holds a right-of-way dedication to a 20 foot wide public right-of-way alley known as
Alton Court (hereinafter referred to as the "Alley"), running parallel and between Alton Road and
West Avenue, between 17th Street and Lincoln Road.
1681 West Ventures, LLC owns the property to the west of, and adjacent to, the City's Alley
along the first 150 feet of the Alley closest to 17th Street. 1698 Alton Road Ventures, LLC owns
the property to the east of, and adjacent to, the Alley, along the first 100 feet of the Alley closest
to 17th Street. 1681 West Ventures, LLC and 1698 Alton Road Ventures, LLC, have the same
principals, and shall be collectively referred to herein as the "Developer".
As part of the Project, the Developer seeks to have the City vacate the north 100 feet of the
Alley, located between Developer's parcels, for the 20 foot width of the Alley (which limited area
shall be referred to as the "City Parcel"), for a total of 2,000 square feet, with the remainder of
the Alley not being vacated. The Developer has requested that the City vacate the City Parcel
in order to incorporate the City Parcel, including, without limitation, the Floor Area Ratio (FAR)
attributable to the City Parcel, into the Project; provided, however, no habitable structures,
parking areas, or amenities shall be placed within the City Parcel, as the vacated area shall be
used solely for"bridge" purposes to link the Developer's parcels.
The Developer is seeking to develop a mixed-use project with residential and retail and
structured parking, consistent with the CD-2 zoning regulations (hereinafter, the "Project"). The
Developer executed a Hold Harmless with the City in order to proceed to the Planning Board
Page 2
and Design Review Board, in order to obtain design review approval of the mixed-use project,
with retail, a parking structure and residential units above, with a bridge over the Alley. The City
Commission authorized the Developer to proceed with the Project reviews, once the Hold
Harmless was executed, with the understanding that the Developer would have no vested right
or recourse against the City should the City Commission decide not to vacate the Alley, or
should negotiations regarding the vacation of the Alley fail.
ANALYSIS
At its June 8, 2016 meeting, The City Commission approved the proposed vacation on first
reading and made a motion to set the second reading/public hearing
During negotiations, the Developer has proffered a voluntary contribution, both monetary (with
the amount to be determined by the City and Developer) and in in-kind services to the City;
which voluntarily contribution will be used for a public purpose and which funds would also
reduce the City's costs, and improve the community's overall quality life.
Section 177.085, Florida Statutes, provides that, upon the abandonment of a right-of-way, all
rights to the former right-of-way revert to the owners of the lots abutting such right-of-way. A
City may vacate roads when the vacation is in the public interest, or when the street is no longer
required for public use and convenience.
The Administration, through its Public Works Department, have indicated that the Developers
have complied with the application requirements and submittals in accordance with the City's
Guidelines for Vacation or Abandonment of Streets or Other Rights of Way, and pursuant to
Sections 82-36 through 82-40 of the City Code.
Pursuant to City Code Section 82-38, the Planning Department is required to prepare a planning
analysis relating to the six (6) elements for vacating City Property and shall produce said written
report prior to final City Commission action on the proposed vacation. In accordance with City
Code Section 82-39(b), an appraisal was obtained by the City for the City's Parcel.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the proposed
vacation on second reading, the vacation of 2,000 square feet within the alley known as Alton
Court (hereinafter the "Alley); said vacation in favor of the adjacent property owners, 1681 West
Ventures, LLC and 1698 Alton Road Ventures, LLC (collectively the "Developer"); and further
conditioning the vacation of the alley on: (1) the issuance by the city of two quit claim deeds; (2)
the granting of an access and use easement by the developer to the city; and (3) the final
approval and execution of a development agreement between the City and the developer.
JLM/:j C/ . : M/WRB/EB
T:\AGENDA\2016\June\Public Works\17th street alton rd ct.docx
Pitt CHIN/S-0—
MIAMIBEACH
PLANNING DEPARTMENT COMMISSION MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: ' Thomas R. Mooney, AICP
Planning Director
DATE: July 13, 2016
SUBJECT: Planning Analysis of Proposed Right of Way (ROW) Vacation —
Alton Court at 17th Street.
BACKGROUND
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 so that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease.
The proposal is to vacate the Alton Court Alley for the first 100 feet south of 17th Street. The
right of way is 20 feet wide and contains approximately 2,000 square feet in area, inclusive
of any Floor Area Ratio (FAR) attributable to the parcel. The vacation would require that
vehicular access continue to be provided. The area would be used for providing bridges
between the two adjacent parcels, owned by the developer, in order to provide for a more
efficient parking structure. No habitable structures, parking areas, or amenities are to be
included within this section of the development.
The Developer executed a Hold Harmless with the City in order to proceed to the Planning
Board and Design Review Board, for the review and approval of a five (5) story mixed-use
project consisting of retail, parking and residential units, with a bridge over the Alley. The
City Commission authorized the Developer to proceed with the aforementioned reviews, as
the executed Hold Harmless confirms that the Developer would have no vested right or
recourse against the City should the City Commission decide not to vacate the Alley, or
should negotiations regarding the vacation of the Alley fail. On May 3, 2016, the Design
Review Board granted Design Review Approval and Variances for the development and on
May 24, 2016, the Planning Board approved a Conditional Use Permit for the development.
ANALYSIS
The following is an analysis of the proposed vacation based on the criteria delineated in the
City Code.
1. Whether or not the proposed use is in keeping with city goals and objectives
and conforms to the city comprehensive plan.
Consistent — The vacation of the ROW will allow for a private development to
Analysis of Proposed Right of Way(ROW) Vacation
Alton Court at 17th Street
July 13, 2016 Page 2 of 3
incorporate a more efficient parking structure. The developer proposes to make
spaces available to the public. The bridge structures over vacated ROW will reduce
the need for driveways from each of the developer's parcels, which limits potential
pedestrian conflicts. This is consistent with Goals, Objectives, and Policies of the
City's Comprehensive Plan, including the following:
Policy 8.2: Public Private Partnerships
The City shall continue to seek public-private partnerships in the development
of its parking facilities and intermodal centers.
Policy 8.4: Context Sensitive Parking Development
Off-street parking areas shall be located and designed in a manner that
supports and does not conflict with pedestrian and bicycle activity, such as to
the side or rear of buildings.
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
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
Consistent— No negative impacts are anticipated by the proposal. The proposal will
maintain vehicular access through the alley. The development has gone through the
Conditional Use and Design Review processes where any potential impacts from the
development to surrounding areas have been indicated and mitigated.
Additionally, the developer will provide for utility and infrastructure improvements
within the vacated area, including water and sewer services and the repaving of the
remainder of Alton Ct. from 17th St. to Lincoln Rd. The developer will ensure that the
City obtain a perpetual access and use easement area along the entire length of the
vacated parcel for continued vehicular access and underground utility access. In an
abundance of caution, since no habitable space is proposed over the area being
vacated, the bridges will be designed to be able to be removed, while allowing the
building to continue functioning.
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, creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Consistent - This proposed use is in keeping with a public purpose and community
needs and will not reduce the community's overall quality of life. The ROW will be
utilized to allow for a more efficient parking structure. Some of the parking will be
•
We ore committed to providing excellent public service and safety to all who live, work, and ploy in our vibrant, tropical, historic community.
Analysis of Proposed Right of Way(ROW) Vacation
Alton Court at 17th Street
July 13, 2016 Page 3 of 3
made available to the public. Additionally, the developer will rebuild water and sewer
lines that go through the area being vacated and repave the alley. The developer
would also make a monetary contribution to the City to be used for public purposes.
4. A determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
Consistent—The development will keep with the surrounding neighborhood and will
not significantly block views or create environmental intrusions. The proposed
development has undergone conditional use and design review process to ensure
that environmental, design, aesthetic considerations are taken into account.
5. The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
Consistent — The primary intent of the vacation of this ROW is intended to address
the parking concerns of a private development. In addition, other infrastructure
concerns are being addressed by the developer as previously stated in this analysis.
6. Such other issues as the city manager or his authorized designee, who shall
be the city's planning director, may deem appropriate in analysis of the
proposed disposition.
Not applicable -The Planning Department has no other issues it deems appropriate
to analyze for this proposal.
CONCLUSION
Vacation of the public ROW is consistent with the Goals, Objectives, and Policies of the
Comprehensive Plan. The vacation of Alton Court south of 17th Street is not expected to
generate any negative impacts for the surrounding area.
TRM/RAM
T:\AGENDA\2016UuIy\Planning\ROW Vacation\17th Alton Rd Vacation-Planning Analysis.docx
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