Ordinance 96-3038 ORDINANCE NO. 96-3038
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA RATIFYING THE MIAMI BEACH
REDEVELOPMENT AGENCY RESOLUTION ADOPTED ON FEBRUARY
20, 1996, REGARDING ACQUISITION OF THE PROPERTY HAVING A
STREET ADDRESS OF 1581 WASHINGTON AVENUE, LEGALLY
DESCRIBED ON EXHIBIT "A" WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN; SAID ACQUISITION DEEMED AND
DECLARED TO BE NECESSARY IN CONJUNCTION WITH COMMUNITY
REDEVELOPMENT AND RELATED ACTIVITIES AND THE CITY
CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND
REVITALIZATION AREA HOTEL PROJECT; AND SPECIFICALLY
APPROVING AND AUTHORIZING THE ACQUISITION OF THE
PROPERTY BY THE MIAMI BEACH REDEVELOPMENT AGENCY
THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS,
INCLUDING A DECLARATION OF TAKING,AS NECESSARY.
WHEREAS,it is necessary,beneficial and in the public interest to construct a public street
at 16th Street between Washington and Collins Avenues; and
WHEREAS, the construction of the street will, among other things, fulfill the public
purposes of alleviating traffic congestion in the vicinity of the Loews Miami Beach convention
center hotel, enhancing the ability and quality of ingress and egress from a public parking garage to
be located just south of the new street and facilitating safe pedestrian and vehicular traffic between
the Loews Miami Beach and other hotels and the Miami Beach Convention Center; and
WHEREAS, in order to construct the street, it is necessary for the Miami Beach
Redevelopment Agency (the "RDA") to acquire, by purchase, donation or eminent domain
proceedings, fee simple title to the property (the "Property") having a street address of 1581
Washington Avenue, which is legally described on Exhibit "A" attached hereto and incorporated
herein; and
WHEREAS, the RDA is authorized pursuant to, among other authorities, Florida Statute
Section 163.370,to acquire property and to construct, reconstruct,plan and replan streets and roads;
and
WHEREAS,the Mayor and City Commission,by Resolution No. 92-20646, and the Dade
County Commission, by Resolution No. R-14-93, declared the area known as the City
Center/Historic Convention Village Redevelopment and Revitalization Area, which includes the
Property, to be a Redevelopment Area in which conditions of slum and blight have been
demonstrated to exist; and
WHEREAS,on February 20, 1996,the RDA Board adopted a Resolution, attached hereto
and incorporated herein as Exhibit "B", finding, determining, and declaring the acquisition of the
Property to be a public necessity and in the best interest of the City, and further authorizing the
RDA to institute eminent domain proceedings on the Property, including the filing of a declaration
of taking,to acquire fee simple title to same for use in connection with the construction of a public
street and the City Center/Historic Convention Village Redevelopment and Revitalization Area hotel
project; and
WHEREAS,Section 163.375,Florida Statutes,provides,in relevant part,that a municipality
or a community redevelopment agency,with the specific approval of the municipality, has the right
to acquire by condemnation any interest in real property which it deems necessary for, or in
connection with, community redevelopment and related activities.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
Section 1. The Mayor and City Commission hereby ratify the Miami
Beach Redevelopment Agency Resolution adopted on February 20, 1996, regarding
acquisition of the property having a street address of 1581 Washington Avenue,
Miami Beach, Florida,whose legal description is on Exhibit "A" attached hereto and
incorporated herein.
Section 2. The acquisition of the fee simple title interest to the Property
is deemed and declared to be necessary for, and in connection with, community
redevelopment and related activities under Chapter 163,Part III,Florida Statutes and
the City Center/Historic Convention Village Redevelopment and Revitalization Area
hotel project.
Section 3. The Mayor and City Commission hereby specifically approve
and authorize the acquisition of the fee simple title interest to the Property by the
RDA through the filing of eminent domain proceedings,pursuant to Section 163.375,
Florida Statutes, including a declaration of taking, as necessary.
Section 4. All ordinances,resolutions or parts in conflict herewith be and
the same are hereby repealed.
Section 5. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then
said holding shall in no way affect the validity of the remaining portions of this
ordinance.
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Section 6. This ordinance shall take effect immediately upon its adoption.
PASSED and ADOPTED this 6th day of March , 1996.
�.YOR
ATTEST:
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CITY CLERK FORM APPRC:,
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That part of 16th Street as same is shown marked and designated oa the
Plat of FISHER' S FIRST SUBDIVISION OF ALTON BEACH, according to the
plat thereof, as recorded in Plat Book 2, at Page 77, of the Public
Records of Dade County, Florida described as follows :
Beginning at the Northwest corner of Lot 11 in Block 57 run North along
East line of Washington Avenue 70 feet to South line of Lot 22 of Block
54; thence Eastin of Lot10, Block57, thence West 2 5 feet onh line of L2 o
feetuth 70
to the
to Northth
point of beginning.
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EXHIBIT"A" —
}
RESOLUTION NO.
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY DEEMING AND DECLARING
ACQUISITION OF FEE SIMPLE TITLE TO THE PROPERTY HAVING A
STREET ADDRESS OF 1581 WASHINGTON AVENUE, MIANII BEACH,
FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND INCORPORATED HEREIN, TO BE FOR THE PUBLIC
PURPOSE OF CONSTRUCTING A PUBLIC STREET AT 16TH STREET
BETWEEN WASHINGTON AND COLLINS AVENUES, AND DEEMING
AND DECLARING THE ACQUISITION AS NECESSARY FOR, AND IN
CONNECTION WITH,COMMUNITY REDEVELOPMENT AND RELATED
ACTIVITIES; AND AUTHORIZING THE ACQUISITION OF THE
PROPERTY BY PURCHASE,DONATION,OR THE FILING OF EMINENT
DOMAIN PROCEEDINGS AND A DECLARATION OF TAKING, AS
NECESSARY.
WHEREAS,it is necessary, beneficial and in the public interest to construct a public street
at 16th Street between Washington and Collins Avenues; and
WHEREAS, the construction of the street will, among other things, fulfill the public
purposes of alleviating traffic congestion in the vicinity of the Loews Miami Beach convention
center hotel, enhancing the ability and quality of ingress and egress from a public parking garage to
be located just south of the new street and facilitating safe pedestrian and vehicular traffic between
the Loews Miami Beach and other hotels and the Miami Beach Convention Center; and
WHEREAS, in order to construct the street, it is necessary for the Miami Beach
Redevelopment Agency (the "RDA") to acquire, by purchase, donation or eminent domain
proceedings, fee simple title to the property (the "Property") having a street address of 1581
Washington Avenue, which is legally described on Exhibit "A" attached hereto and incorporated
herein; and
WHEREAS, the RDA is authorized pursuant to, among other authorities, Florida Statute
Section 163.370,to acquire property and to construct,reconstruct,plan and replan streets and roads;
and
WHEREAS,the Mayor and the City Commission by Resolution No. 92-20646 and the Dade
County Commission by Resolution No. R-14-93 declared the area known as the City Center/Historic
•
Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a
Redevelopment Area in which conditions of slum and blight have been demonstrated; and
EXHIBIT "B" _
WHEREAS, the RDA has adopted a redevelopment plan for the City Center/Historic
Convention Village Redevelopment and Revitalization Area; and
WHEREAS, acquisition of property is a remedy to eliminate slum and blight; and
WHEREAS, the Summary of Findings Pertaining to Proposed Convention Headquarter
Hotels in Miami Beach, Florida, dated March, 1990, prepared by Laventhol & Horwath and the
Miami Beach Convention Village, Phase One: Convention Hotel Compatibility Study dated
September, 1992,prepared by Wallace,Roberts&Todd,Zyscovich,Inc.,Kenneth Leventhal& Co.,
Hardy, Holzman Pfeiffer Associates and other studies determined that in order for the Miami Beach
Convention Center to survive, convention hotels supporting the Convention Center were necessary
in the immediate area; and
WHEREAS,the RDA finds,determines and declares that the acquisition of the Property is
a public necessity and is necessary,practical and in the best interest of the City; and
WHEREAS, the Executive Director of the RDA recommends that the RDA authorize the
RDA's General Counsel to institute eminent domain proceedings on the Property; and
WHEREAS,the RDA deems, finds,determines and declares that it is necessary to acquire
fee simple title to the Property in connection with community redevelopment and related activities
and the City Center/Historic Convention Village hotel project; and
WHEREAS,the RDA fords, determines and declares that the acquisition of the Property by
purchase, donation, or eminent domain proceedings, including a declaration of taking, is for the
public use and benefit.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY that:
1. The RDA finds,determines, and declares that those matters set out in the foregoing
recitals are true and correct, and they are hereby incorporated as a portion of this Resolution.
2. The recommendation of the Executive Director of the RDA that the RDA's General
Counsel institute condemnation proceedings in order to acquire the fee simple title interest to the
Property in connection with community redevelopment and related activities and the City
Center/Historic Convention Village hotel project is hereby accepted and approved.
3. The acquisition of the fee simple title interest to the Property is deemed and declared
to be necessary for, and in connection with, community redevelopment and related activities under
Chapter 163, Part III, Florida Statutes and the City Center/Historic Convention Village
Redevelopment and Revitalization Area hotel project.
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4. The RDA finds, determines, and declares that acquisition of the fee simple title
interest to the Property by purchase, donation, or eminent domain proceedings, including a
declaration of taking, is for the public use and benefit.
5. The RDA finds, determines and declares that the acquisition of the fee simple title
interest to the Property is a public necessity and is necessary, practical and in the best interests of
the City.
6. The RDA authorizes the Executive Director of the RDA and the RDA's General
Counsel,through special counsel engaged for such purposes, to acquire the fee simple title interest
to the Property through purchase, donation, or eminent domain proceedings, including a declaration
of taking.
7. This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED this day of , 1996.
CHAIRMAN
ATTEST:
SECRETARY
FORM APPROVED
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By 414144.
Date S �G
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That part of 16th Street as same is shown marked and designated oa the
Plat of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the
plat thereof, County,recorded Florida described,as tPage f llows?, of the Public
Records of Dade
Beginning at the Northwest corner of Lot 11 in Block 57 run North along
East line of Washington Avenue 70 feet to South line of Lot 22 of Block
54; thence East alongoline fLothl0inglockLot
57,22, 225 feet;thence West 225�feetce °to the
uth 70
feet to North
point of beginning.
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EXHIBIT"A" —
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. t \ $-q to
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: March 6, 1996
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: An Ordinance tifying the City of Miami Beach Resolution
Adopted on ebruary 20, 1996 and the Miami Beach
Redevelopment Agency Resolution Adopted on February 20,
1996, Regarding Acquisition of the Property Having a
Street Address of 1581 Washington Avenue, Legally
Described on Exhibit "A"; Said Acquisition Deemed and
Declared to be Necessary in Conjunction with Community
Redevelopment and Related Activities and the City
Center/Historic Convention Village Redevelopment and
Revitalization Area Hotel Project; and Specifically
Approving and Authorizing the Acquisition of the Property
by the Miami Beach Redevelopment Agency Through the
Filing of Eminent Domain Proceedings, Including a
Declaration of Taking, as Necessary.
RE COMMENDAT I ON:
That the Ordinance be approved.
BACKGROUND:
This Ordinance was approved on first reading at the February 20,
1996 public hearing, and is required by Florida Statutes, Section
163 . 375. The Miami Beach Redevelopment Agency (the Agency) is
proceeding with its goal of economic stimulation and development in
the City Center/Historic Convention Village Area, and is
negotiating the development of convention-quality hotel (s) . In
order to accomplish this goal the Agency has determined that the
acquisition of the above-referenced property is necessary in order
to open an access road, create a view corridor, improve traffic
circulation, and develop a public parking garage . Further, the
Agency finds, determines and declares that the acquisition of 1581
Washington Avenue, Miami Beach, is a public necessity and is in the
best interest of the City of Miami Beach.
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AGENDA ITEM A
DATE 3'e-9
ANALYSIS:
Two appraisals of the property were prepared for the in February,
1995, and were updated in October, 1995. If deemed necessary,
these appraisal reports will be again updated.
The development of the Loews Hotel project and the proposed
African-American Hotel immediately to the south, as well as a
shortage of parking and traffic congestion in the area in general,
require that an access road and public parking garage be developed
in the area of 16th Street between Washington and Collins Avenues.
CONCLUSION:
It is recommended that the Ordinance be approved.
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