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98-22879 RESO RESOLUTION NO. 98-22879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER THE CITY'S CONCEPTUAL APPROVAL ONLY, OF THE PROPOSED RELOCATION OF 44TH STREET, BETWEEN COLLINS AVENUE AND INDIAN CREEK DRIVE, INCLUDING, IN THE EVENT THAT THE CITY IS DETERMINED TO BE AN OWNER OF ANY ADJACENT RIGHT OF WAYS WITHIN THE AFOREST A TED AREA, THE PROPOSED VACATION OF SUCH PROPERTY IN FAVOR OF HOTELERAMA ASSOCIATES, LTD., AS OWNERS OF THE ADJACENT PROPERTY, THE FONTAINEBLEAU HILTON RESORT AND TOWERS, LOCATED AT 4441 COLLINS AVENUE; FURTHER STATING THAT THE SUBJECT PUBLIC HEARING IS TO BE HELD ONLY FOR THE PURPOSES OF CONCEPTUAL APPROVAL, AS SET FORTH ABOVE, AND SHALL NOT IN ANY WAY REPRESENT COMPLIANCE OR SATISFACTION OF THE CITY'S REQUIRED VACATION PROCEDURES; OR OF ANY PROCEDURES REQUIRED BY MIAMI-DADE COUNTY REGARDING REPLATTING OF THE SUBJECT PROPERTY. WHEREAS, Hotelerama Associates, Ltd. (Hote1erama) owns the Fontainebleau Hilton Resort and Towers, located at 4441 Collins Avenue (Property); and WHEREAS, at its regular meeting on November 17, 1997, the City's Design Review Board approved a request by Hotelerama to renovate and improve the existing Fontainebleau Hilton Resort and Towers complex, including a new vehicular and pedestrian arrival plaza, as well as the construction of a new 250 unit condominium/additional hotel building, all to be located on the Property; and WHEREAS, the Design Review Board's approval was predicated, in part, upon the successful relocation of that portion of 44th Street adjacent to the existing Property; and WHEREAS, 44th Street is part of the State Road System known as AlA, and therefore under the jurisdiction of the Florida Department of Transportation (FDOT); and WHEREAS, accordingly, Hotelerama is concurrently in negotiations with FDOT regarding State approval for the proposed relocation of 44th Street; and WHEREAS, as a condition to its approval, FDOT has informed Hotelerama that some kind of conceptual approval by the City, by way of a public hearing, will be necessary; and '\ WHEREAS, the Administration has met, and is continuing to meet, with representatives from FDOT and Hotelerama, and is currently in the process of coordinating each entity's respective responsibilities in furtherance of the proposed relocation of 44th Street, as set forth herein; and WHEREAS, in addition to the conceptual approval called for in the subject public hearing, the Administration anticipates that Hotelerama will have to comply with any and all replatting requirements, as set forth by Miami-Dade County, as well as the City's own requirements for vacation of City-owned right-of-ways, in the event that the parties deem there are any such City- owned right-of-ways within the subject area to be relocated in and around the relevant portions of 44th Street; and WHEREAS, the Administration would herein recommend that the Mayor and City Commission set the following public hearing, only regarding the City's conceptual approval of the proposed relocation of 44th Street, between Collins Avenue and Indian Creek Drive, with regard to the proposed project regarding the renovation/improvement of the existing Fontainebleau Hilton Resort and Towers, as well as the proposed new vehicular and pedestrian plaza, and proposed condominium/hotel structure therein; and WHEREAS, the Administration would further recommend that the Mayor and City Commission grant only such conceptual approval as is necessary to satisfy FDOT' s requirements so that Hotelerama may proceed with the State's requirements as to the proposed relocation of that portion of 44th Street as is currently under the AlA State Road System, and therefore under FDOI's jurisdiction, and that, additionally, the subject public hearing shall in no way constitute the City's approval, or waiver of any rights that the City may have, pursuant to its established procedures for vacation of City-owned public right-of-ways. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider the City's conceptual approval only, of the proposed relocation of 44th Street, between Collins Avenue and Indian Creek Drive, including, in the event that the City is determined to be an owner of any adjacent right-of-ways within the aforestated area, the proposed vacation of such 2 property III favor of Hotelerama Associates, Ltd., as owners of the adjacent property, the Fontainebleau Hilton Resort and Towers, located at 4441 Collins Avenue, is hereby called to be held before the Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida on Wednesday, September 23,1998, beginning at 10:30 a.m., and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard; further stating that the subject public hearing is to be held only for the purposes of conceptual approval, as set forth above, and shall in no way represent compliance or satisfaction with the City's required vacation procedures, or of any procedures required by Miami-Dade County regarding replatting of the subject property. PASSED and ADOPTED this i~f September, 1998. MAYOR 9th ATTEST: Jt~Jd;l~ F:IA TTOIAGURIRESOS\44RELOCA.RES APPROVED AS TO FORM & lANGUAGE & FOR EXECUTiON /f. ~' ~ ~ty orney ~ 3 :ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ::;ITY OF MIAMI BEACH TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. SL,'3-9~ DATE: September 9. 1998 Mayor Neisen O. Kasdin and Members of the City C mmission Sergio Rodriguez /.b.:. City Manager "tf5 A RESOLU ION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 1\-H"tM1 BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER THE CITY'S CONCEPTUAL APPROVAL ONLY, OF THE PROPOSED RELOCATION OF 44TH STREET, BETWEEN COLLINS A VENUE AND INDIAN CREEK DRIVE, INCLUDING, IN THE EVENT THAT THE CITY IS DETERMINED TO BE AN OWNER OF ANY ADJACENT RIGHT OF WAYS WITHIN THE AFOREST A TED AREA, THE PROPOSED VACATION OF SUCH PROPERTY IN FAVOR OF HOTELERAMA ASSOCIATES, LTD., AS OWNERS OF THE ADJACENT PROPERTY, THE FONTAINEBLEAU HILTON RESORT AND TOWERS, LOCATED AT 4441 COLLINS A VENUE; FURTHER STATING THAT THE SUBJECT PUBLIC HEARING IS TO BE HELD ONLY FOR THE PURPOSES OF CONCEPTUAL APPROVAL, AS SET FORTH ABOVE, AND SHALL NOT IN ANY WAY REPRESENT COMPLIANCE OR SATISFACTION OF THE CITY'S REQUIRED VACATION PROCEDURES; OR OF ANY PROCEDURES REQUIRED BY MIAMI-DADE COUNTY REGARDING REPLA TTING OF THE SUBJECT PROPERTY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On November 17, 1997, the City's Design Review Board (DRB) approved a request by Hotelerama Associates, Ltd. (Hotelerama), owner of the Fontainebleau Hilton Resort and Towers, to renovate and improve the existing Fontainebleau Hilton Resort and Towers complex, located at 4441 Collins Avenue. The new 250 unit condominium/hotel building project includes a new vehicular and pedestrian arrival plaza. AGENDA ITEM~ DATE -U9_q_q~ ANALYSIS The DRB's approval was contingent upon the relocation of the 44th Street right-of-way adjacent to the existing hotel complex (see attached sketch). Collins Avenue and 44th Street are part of State Road AlA which is under the jurisdiction of the Florida Department of Transportation (FDOT). Hotelerama is currently negotiating with FDOT and the City to obtain approval for the proposed relocation of 44th Street. FDOT is requiring a public hearing be held by the City on September 23, 1998, for the relocation of 44th Street as a condition of approval. Hotelerama is required to comply with all replatting requirements as outlined by Miami-Dade County. The City will concurrently vacate any interest it might have regarding the 44th Street right-of-way. In addition, Hotelerama requested an agreement with the City on the timing of events. CONCLUSION The public hearing will provide a forum for consideration of the conceptual approval only, of the proposed project. ~~' SR/HM/JGdPlKM/GK/rar F\WORK\$ALL\K;:;i YN\COMMISSl\44RELOCA,CM attachment ~ ... ~~ ~~ VI -~~ :] / / I I 3nN3/1Y SNmOJ "- "- '" '" .., '" ~ '" on ... ..; '" N '" 0 ~ 0 ~ ~ U ~ U < < " ~ ~ ... ~ :tit: r------ on 0 L"!I 0 c ~~ I c ~ ~~ I ~ < < u e:J~ I U is I l~ < III ~ ~ ;> Q r- ::- ::- ::- ::- - -~, III III ~ "" "" ~ I 0 ~ z ... 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