Resolution 2019-30927 RESOLUTION NO. 2019-30927
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON SECOND READING/PUBLIC
HEARING OF THIS RESOLUTION, THE VACATION OF THAT PORTION OF (1)
OCEAN TERRACE, BETWEEN THE CENTERLINE OF 74th STREET AND THE
NORTHERN RIGHT-OF-WAY LINE OF 75th STREET, WHICH CONSISTS OF A 60-
FOOT WIDE RIGHT-OF-WAY CONTAINING APPROXIMATELY 25,200 SQUARE
FEET IN TOTAL LOT AREA; (2) THE NORTH HALF OF 74th STREET, BETWEEN
OCEAN TERRACE AND COLLINS AVENUE, WHICH CONSISTS OF A 30-FOOT
WIDE RIGHT-OF-WAY CONTAINING APPROXIMATELY 8,880 SQUARE FEET IN
TOTAL LOT AREA; AND (3) A PORTION OF 75th STREET, BETWEEN OCEAN
TERRACE AND COLLINS AVENUE, WHICH CONSISTS OF A 40-FOOT WIDE
RIGHT-OF-WAY CONTAINING APPROXIMATELY 11,840 SQUARE FEET IN TOTAL
LOT AREA (COLLECTIVELY, THE "CITY RIGHT-OF-WAY AREAS"), IN FAVOR OF
THE ABUTTING PROPERTY OWNERS, 7400 OCEAN TERRACE, LLC, 7410 OCEAN
TERRACE, LLC, 7420 OCEAN TERRACE INVESTMENT, LLC, 7436 OCEAN
TERRACE, LLC, 7450 OCEAN TERRACE, LLC, AND 7441 COLLINS AVENUE
INVESTMENT, LLC (COLLECTIVELY, THE "DEVELOPER") AND G & V REALTY,
LLC, THE OWNER OF 7401 COLLINS AVENUE; CONDITIONING THE VACATION
UPON THE CITY COMMISSION'S APPROVAL OF, AND DEVELOPER'S
SATISFACTION OF, CERTAIN TERMS AND CONDITIONS, TO BE SET FORTH IN A
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, WHICH
CONDITIONS SHALL, AMONG OTHER TERMS, REQUIRE THE DEVELOPER TO (1)
GRANT TO THE CITY A PERPETUAL EASEMENT OVER, ACROSS AND UNDER
THE CITY RIGHT-OF-WAY AREAS FOR UTILITIES AND PUBLIC VEHICULAR,
PEDRESTRIAN AND RECREATIONAL USE AND ACCESS; AND (2) DEVELOP,
DESIGN, AND CONSTRUCT, AT THE DEVELOPER'S SOLE COST AND EXPENSE
(EXCEPT FOR PAYMENT OF CERTAIN CITY FEES), CERTAIN PUBLIC PARK AND
STREETSCAPE IMPROVEMENTS IN THE VICINITY OF OCEAN TERRACE,
BETWEEN 73RD STREET AND 75TH STREET, WITH SUCH PUBLIC
IMPROVEMENTS HAVING A VALUE OF APPROXIMATELY FOURTEEN MILLION
EIGHT HUNDRED THOUSAND DOLLARS ($14,800,000); AND FURTHER,
WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT,
PURSUANT TO SECTION 82-38 OF THE CITY CODE, FINDING SUCH WAIVER
TO BE IN THE BEST INTEREST OF THE CITY.
WHEREAS, the City holds a right-of-way dedication to the following right-of-way areas:
(1) a portion of Ocean Terrace, running from the centerline of 74th Street and the northern
right-of-way line of 75th Street, consisting of a sixty (60) foot wide right-of-way, and containing
approximately 25,200 square feet in total lot area; as shown on as shown on the Plat of the
Townsite of Harding, recorded in Plat Book 34, Page 4 of the Public Records of Miami-Dade
County(the "Harding Townsite Plat");
(2) the north half of 74th Street, between Ocean Terrace and Collins Avenue, which
consists of a 30-foot wide right-of-way containing approximately 8,880 square feet in total lot area;
and
(3) a portion of 75th Street, between Ocean Terrace and Collins Avenue, which consists
of a 40-foot wide right-of-way containing approximately 11,840 square feet in total lot area
(collectively, (1)through (3)above, the"City Right-of-Way Areas"), each as shown on the Harding
Townsite Plat, and depicted in the sketch attached as Exhibit "A" to the Commission
Memorandum accompanying this Resolution; and
WHEREAS, various entities controlled by and affiliated with the principals of Ocean
Terrace Holdings, LLC, namely, 7400 Ocean Terrace, LLC, 7410 Ocean Terrace, LLC, 7420
Ocean Terrace Investment, LLC, 7436 Ocean Terrace, LLC, 7450 Ocean Terrace, LLC, and 7441
Collins Avenue Investment, LLC (collectively, the"Developer"), and G&V Realty, LLC (the owner
of 7401 Collins Avenue), own the properties abutting or in the vicinity of the City Right-of-Way
Areas; which parcels are known as 7401, 7409, 7421, 7433, 7435, 7437, 7439, 7441, and 7449
Collins Avenue, and 7400, 7410, 7420, 7430, 7436, and 7450 Ocean Terrace (collectively, the
"Property"); and
WHEREAS,the Developer intends to develop the Property as a mixed-use residential and
commercial development (collectively, the "Proposed Development") pursuant to a Florida
Statute Chapter 163 development agreement entered into between the City and the Developer
(the "Development Agreement"), and to develop, design and construct, at the Developer's sole
cost and expense, certain public park and streetscape improvements in the vicinity of Ocean
Terrace, between 73rd Street and 75th Street; and
WHEREAS,the Proposed Development shall be developed as a unified development site;
and
WHEREAS, in conjunction with Proposed Development, the Developer is requesting that
the City vacate the City Right-of-Way Areas abutting 7401, 7441, and 7449 Collins Avenue and
7400, 7410, 7420, 7430, 7436, and 7450 Ocean Terrace, and has submitted its application to the
City's Public Works Department with respect thereto, to permit Developer to utilize the F.A.R.
associated with the City Right-of-Way Areas within the Developer's Project (but with the City
Right-of-Way Areas to continue to be used for pedestrian and vehicular access and travel); and
WHEREAS, with respect to the proposed vacation of the 4,380 square feet of City right-
of-way abutting 7401 Collins Avenue, the proposed vacation shall be subject to and contingent
on Developer's agreement with the property owner to include the vacated right-of-way area as
part of the unified development site for the Project; and
WHEREAS, the vacation of City streets, alleys, and/or rights of way, 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);
WHEREAS, prior to approving 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; (2) the proposed vacation shall be transmitted
to the Finance and Citywide Projects Committee (the "Finance Committee")for its review; (3)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; and (4) the City shall
obtain an independent appraisal of the fair market value of the property proposed to be vacated;
and
WHEREAS,the Finance Committee reviewed the proposed vacation at its March 22, 2019
meeting,which recommendations were accepted by the City Commission in Resolution No. 2019-
30771; and
WHEREAS, the Planning Department analysis of the vacation, pursuant to Section 82-38
of the City Code, is attached as Exhibit "B" to the Commission Memorandum accompanying this
Resolution; and
WHEREAS, the July 3, 2019 appraisal of the City Right-of-Way Areas, which appraisal is
attached as Exhibit "C" to the Commission Memorandum accompanying this Resolution, valued
the City Right-of-Way Areas at $12,400,000); and
WHEREAS, on December 12, 2018, the City Commission unanimously adopted the
Ocean Terrace Neighborhood Urban Design Plan, a concept plan for proposed public streetscape
and park improvements to the Ocean Terrace area ("Concept Plan"), prepared by The Corradino
Group and Garcia-Pons + Associates; and
WHEREAS, on March 22, 2019, the Finance Committee recommended proceeding with
the vacation process, subject to the following public benefits being memorialized in the
Development Agreement:
1. Developer would develop, design, permit and construct, at its sole cost and
expense, certain public park and streetscape improvements in the vicinity of Ocean Terrace,
between 73rd Street and 75th Street, based on the Concept Plan approved by the City
Commission; and
2. Developer would grant a perpetual, non-revocable utility, roadway and pedestrian
access easement in favor of the City against the City Right-of-Way Areas, for public vehicular and
pedestrian use and access, as modified by the public improvements, which will pedestrianize
portions of Ocean Terrace; and
WHEREAS, Section 82-39(a) of the City Code provides that the lease or sale of public
property also requires an advertised public bidding process, which requirement may be waived
by 5/7th vote of the City Commission; and
WHEREAS, Florida law, requires, upon vacation, a right-of-way reverts to the abutting
property owners and/or the holders of any interest in any reversionary rights to the vacated area;
and
WHEREAS, as the abutting property owners and holders of the appropriate reversionary
interests are the only persons entitled to the vacation, 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; and
WHEREAS, pursuant to the requirements of Section 1.03(b)(4) of the City Charter, the
Planning Board at its May 21, 2019 meeting, unanimously approved the proposed vacation; and
WHEREAS, Section 1.03 (b)(4) of the City Charter also requires that the vacation be
approved by 6/7tns vote of the City Commission; and
WHEREAS, on June 26, 2019, the Mayor and City Commission held the first reading of
this Resolution and the companion agenda items (for the proposed Development Agreement and
amendments to the City's Land Development Regulations), and read the title of the vacation
Resolution into the record as required by Section 82-37 of the City Code; and
WHEREAS, the Administration, recommends approval of the vacation at second reading,
subject to the Developer's satisfaction of the terms and conditions set forth in the Development
Agreement.
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 approve, on second reading of this Resolution, the vacation of that
portion of(1) Ocean Terrace, between the centerline of 74th Street and the northern right-of-way
line of 75th Street, which consists of a 60-foot wide right of way containing approximately 25,200
square feet in total lot area; (2) the north half of 74th Street, between Ocean Terrace and Collins
Avenue, which consists of a 30-foot wide right of way containing approximately 8,880 square feet
in total lot area; and (3) a portion of 75th Street, between Ocean Terrace and Collins Avenue,
which consists of a 40-foot wide right-of-way containing approximately 11,840 square feet in total
lot area(collectively, the"City Right-of-Way Areas"), in favor of the abutting property owners, 7400
Ocean Terrace, LLC, 7410 Ocean Terrace, LLC, 7420 Ocean Terrace Investment, LLC, 7436
Ocean Terrace, LLC, 7450 Ocean Terrace, LLC, and 7441 Collins Avenue Investment, LLC
(collectively, the "Developer") and G & V Realty, LLC, the owner of 7401 Collins Avenue;
conditioning the vacation upon the City Commission's approval of, and Developer's
satisfaction of, certain terms and conditions, to be set forth in a development agreement
between the City and Developer, which conditions shall, among other terms, require the
Developer to (1)grant to the City a perpetual easement over, across and under the City Right-of-
Way Areas for utilities and public vehicular, pedestrian, and recreational use and access; and (2)
develop, design, and construct, at the Developer's sole cost and expense(except for the payment
of certain City fees), certain public park and streetscape improvements in the vicinity of Ocean
Terrace, between 73rd Street and 75th Street, with such public improvements having a value of
approximately Fourteen Million Eight Hundred Thousand Dollars ($14,800,000); and further,
waive, by 5/7ths vote, the competitive bidding requirement, pursuant to Section 82-38 of the
City Code, finding such waiver to be in the best interest of the City.
PASSED and ADOPTED this 3/ day of July, 2019.
, _-
ATTEST:
Dan Gelber, r ayor
A1/436 8J 2011
Rafa G. n do, City Clerk ,,,-sc,T3z2APPROVED AS TO
�> ,\ . ,. . FO'►I _ -ANGUAGE
.. :*-OR ECUTION
��: �{ 4--- 2 9
,L,i_;(if'�' ,0i'i/;;f:; . City Attorney A
N,. mo' Date
r i/, ., !
SUNDAY JULY 212019 NEIGHBORS I 25NE
MIAMINERALD.COM
[AMMIAMI B EAC H CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
July 31, 2019
NOTICE IS HEREBY given that a Second Reading/Public Hearing will be heard by the Mayor and City Commission of the City of Miami
Beach, Florida, in the Commission Chambers, 3rd Floor,City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,
July 31, 2019 at 11:40 a.m.,or as soon thereafter as the matter can be heard,to consider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING,
FOLLOWING SECOND READING/PUBLIC HEARING OF THIS RESOLUTION, THE VACATION OF THAT PORTION OF (1)
OCEAN TERRACE,BETWEEN THE CENTERLINE OF 74TH STREET AND THE NORTHERN RIGHT-OF-WAY LINE OF 75TH STREET,
WHICH CONSISTS OF A 60-FOOT WIDE RIGHT-OF-WAY CONTAINING APPROXIMATELY 25,200 SQUARE FEET IN TOTAL LOT
AREA; (2)THE NORTH HALF OF 74TH STREET, BETWEEN OCEAN TERRACE AND COLLINS AVENUE,WHICH CONSISTS OF A
30-FOOT WIDE RIGHT-OF-WAY CONTAINING APPROXIMATELY 8,880 SQUARE FEET IN TOTAL LOT AREA;AND(3)A PORTION
OF 75TH STREET, BETWEEN OCEAN TERRACE AND COLLINS AVENUE, WHICH CONSISTS OF A 40-FOOT WIDE RIGHT-OF-
WAY CONTAINING APPROXIMATELY 11,840 SQUARE FEET IN TOTAL LOT AREA (COLLECTIVELY, THE "CITY RIGHT-OF-WAY
AREAS"), IN FAVOR OF THE ABUTTING PROPERTY OWNERS, 7400 OCEAN TERRACE, LLC, 7410 OCEAN TERRACE, LLC,
7420 OCEAN TERRACE INVESTMENT, LLC, 7436 OCEAN TERRACE, LLC, 7450 OCEAN TERRACE, LLC, AND 7441 COLLINS
AVENUE INVESTMENT, LLC (COLLECTIVELY, THE "DEVELOPER") AND G &V REALTY, LLC, THE OWNER OF 7401 COLLINS
AVENUE;CONDITIONING THE VACATION UPON THE CITY COMMISSION'S APPROVAL OF,AND DEVELOPER'S SATISFACTION
OF, CERTAIN TERMS AND CONDITIONS, TO BE SET FORTH IN A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND
DEVELOPER, WHICH CONDITIONS SHALL, AMONG OTHER TERMS, REQUIRE THE DEVELOPER TO (1) GRANT TO THE CITY
A PERPETUAL UTILITY, ROADWAY AND PEDESTRIAN ACCESS EASEMENT OVER, ACROSS AND UNDER THE CITY RIGHT-
OF-WAY
IGHTOF-WAY AREAS; AND (2) OBLIGATE THE DEVELOPER TO DEVELOP, DESIGN, AND CONSTRUCT, AT THE DEVELOPER'S
SOLE COST AND EXPENSE (EXCEPT FOR PAYMENT OF CERTAIN CITY FEES), CERTAIN PUBLIC PARK AND STREETSCAPE
IMPROVEMENTS IN THE VICINITY OF OCEAN TERRACE, BETWEEN 73RD STREET AND 75TH STREET, WITH SUCH PUBLIC
IMPROVEMENTS HAVING A VALUE OF APPROXIMATELY FIFTEEN MILLION DOLLARS ($15,000,000); FURTHER,WAIVING, BY
5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, PURSUANT TO SECTION 82-38 OF THE CITY CODE, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY.
This Resolution is being heard pursuant to Section 82-37 of the City of Miami Beach Code or Ordinances,and Section 1.03(b)(4)of the City
Charter.
A copy of the proposed Development Agreement that is related to this item is available for public inspection during normal business hours in
the Office of the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,or to express their views in writing addressed
to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This item is
available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall,
Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice
need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a
verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This
notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does
it authorize challenges or appeals not otherwise allowed by law.
To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with
disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and
select option 6;TTY users may call via 711 (Florida Relay Service).
Rafael E. Granado, City Clerk
City of Miami Beach
Ad 073119-02
Page 926 of 12613