HomeMy WebLinkAbout2005-25827 Reso
RESOLUTION NO. 2005-25827
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING
TO HEAR PUBLIC COMMENT ON SAME, APPROVING AND AUTHORIZING THE
VACATION OF AN ALLEY, CONTAINING APPROXIMATELY 7,800 SQUARE FEET
AND LOCATED ADJACENT TO THE PROPOSED AR & J SOBE, LLC (A/KJA
POTAMKIN/BERKOWITZ) PROJECT AT 5TH STREET AND ALTON ROAD, IN
FAVOR OF THE APPLICANT (AND DEVELOPER OF THE PROJECT), AR & J
SOBE, LLC; WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND
APPRAISAL REQUIREMENTS, PURSUANT TO ARTICLE II, SECTION 82-36
THROUGH 82-40 OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER
TO BE IN THE BEST INTEREST OF THE CITY; PROVIDED FURTHER THAT THE
CITY'S APPROVAL OF THE AFORE STATED VACATION IS SUBJECT TO AND
CONTINGENT UPON AR & J SOBE, LLC'S SA TISF ACTION OF THE CONDITIONS
SET FORTH IN TillS RESOLUTION, AND COMPLIANCE WITH THE TERMS AND
CONDITIONS OF THE ATTACHED VACATION AGREEMENT; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED VACATION
AGREEMENT AND ANY AND ALL DOCUMENTS TO EFFECTUATE THE
VACATION, INCLUDING A QUITCLAIM DEED, SUBJECT TO FINAL REVIEW OF
SAME BY THE CITY ATTORNEY'S OFFICE.
WHEREAS, on June 7, 2000, the Mayor and City Commission adopted Resolution No. 2000-
23963, designating the area bounded by 6th Street to the North, 5th Street to the South, Alton Road to the
West, and Lenox A venue to the East, as a Brownfield area to promote the environmental restoration and
economic redevelopment of the area; and
WHEREAS, since July 2002, the Administration has been meeting with representatives of the site
generally located on 5th Street and Alton Road, owned by the Potamkin family, to address a joint
development opportunity and to review a preliminary site plan for a five (5) level mixed-use retail
complex, including approximately 1081 parking spaces and a supermarket (the Project); and
WHEREAS, in accordance with the City Commission's directive and the community's identified
needs, the City's interest in the Project development is primarily focused on achieving the respective
public benefits of locating a supermarket, exploring transit and excess parking opportunities, and
developing a gateway project, at one of the City's main arterial entryways; and
WHEREAS, over the past two (2) years, the proposed Project has been reviewed on several
occasions by various City Committees including Finance & Citywide Projects Committee, Transportation
and Parking Committee, Design Review Board, and Historic Preservation Board; and
WHEREAS, the City is the holder of a public right-of-way easement and an alley adjacent to the
Project, containing approximately 7,800 square feet (the Alley); and
WHEREAS, in consideration of the public benefits being provided by Developer in the Project,
the Developer has made a request and submitted an application, in accordance with the City's Guidelines
for Vacation or Abandonment of Streets or Other Rights of Way, and pursuant to Section 82-36 through
82-40 of the City Code (Ordinance No. 92-2783), for vacation of the Alley; and
WHEREAS, pursuant to Resolution No. 2005-25805, and as required by Section 82-37 of the
City Code, the Mayor and City Commission held a duly noticed public hearing on February 23, 2005, to
hear public comment regarding the proposed Alley vacation; and
WHEREAS, additionally, as required by Section 82-38 of the City Code, a Planning Department
Analysis has been prepared with regard to the proposed Alley vacation; said analysis is attached and
incorporated as Exhibit "A" to this Resolution; and
WHEREAS, the Administration would recommend that the Mayor and City Commission
approve the requested Alley vacation in favor of the Developer, AR & J SOBE, LLC, subject to and
contingent upon the Developer's satisfaction of the following conditions:
1) AR & J SOBE, LLC's full compliance with the terms and conditions of the Vacation
Agreement, by and between the City and AR & J SOBE, attached and incorporated as
Exhibit "B" hereto;
2) In addition to AR & J SOBE's compliance with the terms and conditions of the attached
Vacation Agreement, that the proposed Alley Vacation be subject to the following
possible reverter and/or reconveyance provisions:
(i) In the event Developer does not enter into a supermarket lease (as defined
in the attached Vacation Agreement) on or before eighteen (18) months
after the Effective Date of the Vacation Agreement or Commencement of
Construction, as defined therein, whichever comes first;
(ii) In the event Developer does not Commence Construction of the Project on
or before September 1, 2006, subject to extension for Unavoidable
Delays;
(iii) In the event the Project is substantially modified from the Project
approved by the Historic Preservation Board and Design Review Board,
as referenced in the respective Board Orders issued in August 2004
(interior reconfigurations to change or reduce parking areas and/or
add/reconfigure leaseable space shall not be deemed a modification of the
Project approved as afore stated, except where any such interior
reconfigurations (i) may result in a change to the Project Floor Area Ratio
(F.A.R.) beyond that which is permitted as of the Effective Date of the
Vacation Agreement, and/or (ii) may result in a modification to the
Project exterior fayade/elevations from those approved in the attached
August 2004 Board orders);
(iv) Provided City has timely exercised its option to purchase same, in the
event that Developer does not dedicate and convey the Transit Facility
Dedication Area to the City on or before the Commencement of
Construction.
The City shall not be obligated to fund any costs of Developer's Project
construction costs (hard and/or soft costs) except if it elects to acquire the
Transit Facility Dedication Area and have Developer install the Transit
Facility Dedication Area Finishes (as defined in the Vacation Agreement)
and/or Elevator, as provided in the Vacation Agreement. In the event that
the cost of construction of the Transit Facility Dedication Area, Transit
Facility Dedication Area Finishes, and (should the City so opt) the
Elevator exceed the City's contribution(s) for same, as set forth in this
Vacation Agreement, Developer shall be solely responsible for payment
of, and shall pay, all excess costs.
The amount to be paid by City at the time of dedication shall be the
maximum amount that Developer could be entitled to, but Developer
shall, within thirty (30) days after Substantial Completion of the Project,
provide to City a reconciliation of the actual hard and soft costs of the
Transit Facility Dedication Area Finishes and Elevator and a check for
any refund owed to City on account thereof.
The City shall fund its contribution to the Transit Facility Dedication
Area, Transit Facility Dedication Finishes, and (should it so opt) the
Elevator at the time of the dedication and conveyance of the Transit
Facility Dedication Area to the City, which will take place no later than
the Commencement of Construction of the Project and the issuance by the
City Manager of the recordable instrument(s) stating that the Conditions
provided for in Paragraph 4 of the Vacation Agreement have occurred,
such that no further reversion of the Alley to the City is possible; and
WHEREAS, the City's Public Works Department has received and reviewed the Developer's
application for vacation of the Alley, and has determined that the Developer has complied with the
submission requirements therein; and
WHEREAS, additionally, as permitted by Section 82-39 of the City Code, the Administration
would recommend that the Mayor and City Commission waive, by 5/7ths vote, the competitive bidding
and appraisal requirements, finding that the public interest would be served by such waiver.
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, following a duly noticed public hearing to hear public comment on same, approve and
authorize the vacation of an Alley, containing approximately 7,800 square feet and located adjacent to the
proposed AR & J SOBE, LLC (alk/a Potamkin/Berkowitz) Project at 5th Street and Alton Road, in favor of
the Applicant (and Developer of the Project), AR & J SOBE, LLC; waiving, by 5/7ths vote, the
competitive bidding and appraisal requirements, pursuant to Article II, Section 82-36 through 82-40 of the
Miami Beach City Code, finding such waiver to be in the best interest of the City; provided further that the
City's approval of the afore stated Alley vacation is subject to and contingent upon AR & J SOBE, LLC's
satisfaction of the conditions set forth in this Resolution, and compliance with the terms and conditions of
the attached Vacation Agreement; authorizing the Mayor and City Clerk to execute the attached Vacation
Agreement and any and all documents to effectuate the Alley vacation, including a quit claim deed, subject
to final review of same by the City Attorney's office.
PASSED and ADOPTED this 23rd day of February, 2005
~~ ~dvv-
CITY CLERK
ATTEST:
F:\atto\AGUR\RESOS-ORD\5th and Alton (Potamkin) Vacation Reso (Revised 2-22-05).doc
APPROVED AS TO
FORM & LANGUAGE
& F R EXECUTION
440r
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida following a duly noticed
Public Hearing to hear public comment regarding the vacation of an alley, adjacent to the proposed AR&J
SOBE, LLC (a/kla Potamkin/Berkowitz) project at Fifth Street and Alton Road, in favor of the applicant,
AR&J SOBE, LLC.
Issue:
Shall the Mayor and City Commission approve vacating an alley adjacent to the proposed AR&J SOBE,
LLC (AlK/A Potamkin/Berkowitz) project at Fifth Street and Alton Road?
Item Summa IRecommendation:
Since July 2002, the Administration has been meeting with representatives of the site generally located on
5th Street and Alton Road, owned by the Potamkin family, to address a joint development opportunity and
to review a preliminary site plan for a five (5) level mixed-use retail complex, including approximately
1081 parking spaces and a' supermarket.
The Developer has requested the City Commission to consider an application for vacating an alley located
generally in the middle of the property to facilitate project development. The Public Works Department has
received and reviewed the Developers/Applicant's request for vacation of the Alley and has determined that
the applicant meets the criteria pursuant to the City's Guidelines for Vacation or Abandonment of Streets or
Other Rights of Way. The Developer/Applicant is required to comply with the requirements of the Miami
Beach City Code, Section 82-37 (Ordinance No. 92-2783); accordingly, the Mayor and City Commission
are required to hold a public hearing to hear public comment as the aforestated request for vacation.
Adviso Board Recommendation:
Finance & Citywide Proiects Committee - December 22, 2003 and October 26, 2004
Transportation and ParkinQ Committee - February 2, 2004 and March 1, 2004
DesiQn Review Board & Historic Preservation Board - August 17, 2004
AiPP - Janua 18, 2005
Financial Information:
Source of
Funds:
D
Finance Dept.
Ci Clerk's Office Le islative Trackin
Raul Aguila/Robert Halfhill
Agenda Item R ~ D
Date 2.-)3-oS-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~
City Manager (.
Date: February 23, 2005
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC
HEARING TO HEAR PUBLIC COMMENT ON SAME, APPROVING AND
AUTHORIZING THE VACATION OF AN ALLEY, CONTAINING
APPROXIMATELY 7,800 SQUARE FEET AND LOCATED ADJACENT TO
THE PROPOSED AR & J SOBE, LLC (A1K1A POT AMKIN/BERKOWITZ)
PROJECT AT 5TH STREET AND ALTON ROAD, IN FAVOR OF THE
APPLICANT (AND DEVELOPER OF THE PROJECT), AR & J SOBE, LLC;
WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND
APPRAISAL REQUIREMENTS, PURSUANT TO ARTICLE II, SECTION 82-
36 THROUGH 82-40 OF THE MIAMI BEACH CITY CODE, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; PROVIDED
FURTHER THAT THE CITY'S APPROVAL OF THE AFORESTATED
VACATION IS SUBJECT TO AND CONTINGENT UPON AR & J SOBE,
LLC'S SATISFACTION OF THE CONDITIONS SET FORTH IN THIS
RESOLUTION, AND COMPLIANCE WITH THE TERMS AND CONDITIONS
OF THE VACATION AGREEMENT; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A VACATION AGREEMENT IN
SUBSTANTIALLY THE SAME FORM AS THAT ATTACHED, AND ANY
AND ALL DOCUMENTS TO EFFECTUATE THE VACATION, INCLUDING
A QUITCLAIM DEED, SUBJECT TO FINAL REVIEW OF SAME BY THE
CITY ATTORNEY'S OFFICE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On June 7, 2000, the Mayor and City Commission adopted Resolution No. 2000-23963
designating the area bounded by 6th Street to the North, 5th Street to the South, Alton Road
to the West and Lenox Avenue to the East, as a Brownfield area to promote the
environmental restoration and economic redevelopment of the area.
Since July 2002, the Administration has been meeting with representatives of the site
generally located on 5th Street and Alton Road, owned by the Potamkin family, to address a
joint development opportunity and to review a preliminary site plan for a five (5) level
mixed-use retail complex, including approximately 1081 parking spaces and a
supermarket. In accordance with the City Commission's directive and the community's
identified needs, the City's interest in the project development was primarily focused on
achieving the public benefit of locating a supermarket, exploring transit and excess parking
opportunities, and developing a gateway project at one of the City's main arterial
entryways.
Over the past two (2) years, the proposed project has been reviewed on several occasions
by various City Committees including Finance & Citywide Projects Committee,
Transportation and Parking Committee, Design Review Board and Historic Preservation
Board. With the recommendations from these meetings, the parties have reached
agreement on a majority of the substantive terms and conditions that would govern the
City's joint participation, including the identification of Federal Transit Administration (FTA)
funding, as the primary source, for the City's capital contribution to the project.
While support for the Project is generally widespread, at both the Transportation and
Parking and Finance and Citywide Projects Committee, the public raised some concerns
on the economic viability of the parking operation and ingress/egress challenges to the site.
The parties will continue to seek further community outreach with area
businesses/residents as part of the FT A Environmental Assessment process.
In addition, as reported in May 2004 to the City Commission, the City and Developer have
continued to address other issues including: Floor Area Ratio (FAR), Alley Vacation, Park
and Ride Transit Facility components, Art in Public Places, Planning Board - Conditional
Use, FTA funding eligibility and rising construction costs.
While the parties continue to negotiate and finalize the terms of the Agreement, the
Developer has requested to consider the Application for Vacation of Alley so the project
development can proceed expeditiously. The Potamkin/Berkowitz group has received
approval to implement a signage overlay district to permit effective signage for the
Supermarket and for the retail tenants within the project and the project has also received
Design Review Board/Historic Preservation Board approval.
The City is the holder of a public right-of-way easement and an alley adjacent to the
project, containing approximately 7,800 square feet (the Alley). In consideration of the
public benefits being provided by Developer in the project, the City is considering vacating
the Alley, subject to final approval by the City Commission, for incorporation into the
project, subject to the following possible reverter and/or a reconveyance provisions:
1) AR & J SOBE, LLC's full compliance with the terms and conditions of the Vacation
Agreement, by and between the City and AR & J SOBE; attached is a working draft of
this Agreement. The final proposed draft is intended to be distributed as supplemental
material.
2) In addition to AR & J SOBE's compliance with the terms and conditions of the attached
Vacation Agreement, that the proposed Alley Vacation be subject to the following
possible reverter and/or reconveyance provisions:
(i) In the event Developer does not enter into a supermarket lease (as
defined in the proposed Development Agreement) on or before eighteen
(18) months after the Effective Date of the Vacation Agreement or
Construction Commencement, as defined therein, whichever comes first;
(ii) In the event Developer does not Commence Construction of the Project
on or before September 1, 2006;
(iii) In the event the Project is substantially modified from the Project
approved by the Historic Preservation Board and Design Review Board,
as referenced in the respective Board Orders issued in August 2004;
(iv) The City shall not be obligated to fund any other costs of Developer's
Project construction costs (hard and/or soft costs) beyond those identified
in the attached Vacation Agreement. These potential costs only apply
should the City opt for the Transit Dedication Facility and/or the
associated Transit Elevator. In the event that the cost of construction of
the Transit Facility Dedication Area, and (should the City so opt) the
Elevator exceed the City's contribution(s) for same, as set forth in the
Vacation Agreement, Developer shall be solely responsible for payment
of, and shall pay, all excess costs.
In the event that the City opts to fund the Transit Facility and/or the
Elevator, the amount to be paid by City at the time of dedication shall be
the maximum amount that Developer could be entitled to. However, the
Developer shall, within thirty (30) days after Substantial Completion of the
Project, provide to City a reconciliation of the actual hard and soft costs of
the Transit Facility and Elevator and a check for any refund owed to the
City.
The Vacation Agreement requires the City to fund its contribution to the
Transit Facility Dedication Area, and (should it so opt) the Elevator at the
time of the dedication and conveyance of the Transit Facility Dedication
Area to the City, which will take place no later than the Commencement
of Construction of the Project and the issuance by the City Manager of
the recordable instrument(s) stating that the Conditions provided for
Agreement have occurred, such that no further reversion of the Alley to
the City is possible. The form of the dedication and conveyance shall be
by Quitclaim Deed.
The City's Public Works Department has received and reviewed the Developer's
application for vacation of the Alley, and has determined that the Developer has complied
with the submission requirements. Pursuant to Resolution No. 2005-25805, and as
required by Section 82-37 of the City Code, the Mayor and City Commission held a duly
noticed public hearing on February 23, 2005, to hear public comment regarding the
proposed Alley vacation
As required by Section 82-38 of the City Code, a Planning Department Analysis has been
prepared with regard to the proposed Alley vacation; said analysis is attached and
incorporated as Attachment (e). The Administration's review of the seven criteria elements
for vacating City property/granting revocable permit is provided below:
1. That the applicant's need is substantial.
Satisfied.
2. That the applicant holds title to an abutting property. Satisfied.
3. That the proposed improvements comply with applicable codes, ordinances,
regulations, neighborhood plans and laws. Satisfied. Any improvement would have to
be permitted and approved by the City.
4. That the grant of such application will have no adverse effect on governmental/utility
easements and uses on the property. Satisfied.
5. Alternatively:
a) That an unnecessary hardship exists that deprives the applicant of a reasonable
use of the land, structure or building for which vacation is sought, arising out of
special circumstances and conditions that exist and were not self-created and are
peculiar to the land, structures or building involved and are not generally applicable
to other lands, structures or buildings in the same zoning district and the grant ofthe
application is the minimum that will allow reasonable use of the land, structures or
building. Satisfied.
That the grant of the vacation will enhance the neighborhood and/or community by
such amenities as, for example, enhanced landscaping, improved drainage,
improved lighting, and improved security. Satisfied.
6. That granting the vacation requested will not confer on the applicant any special
privilege that is denied to other owner of land, structures or buildings subject to similar
conditions. Satisfied.
7. That granting the vacation will not be injurious to the surrounding properties, the
neighborhood, or otherwise detrimental to the public welfare. Satisfied.
Attachments (b), (c), (d), and (f) are included as supporting documents for the application.
The applicant has demonstrated that an extraordinary public benefit will be created by
vacating the alley and taking it away for other uses that significantly benefits the general
public. This benefit is in the form of a neighborhood grocery store included in the
development and the creation of a "Park and Ride" transit facility.
Attachments: (a)
(b)
(c)
(d)
(e)
(f)
Vacation Agreement
Surveyor's Affidavit
Opinion of Title
Letter from Mr. David Sacks dtd. Feb. 15, 2005
Planning Analysis
Site Plan
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