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HomeMy WebLinkAbout2005-25875 Reso 2'005-25875 RESOLUTION NO: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE PRELIMINARY PLANS AND SPECIFICATIONS SUBMITTED BY THE MIAMI BEACH JEWISH COMMUNITY CENTER, INC. (JCC) ON FEBRUARY 8, 2005, AS RECOMMENDED BY THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE ON MARCH 29, 2005, ALTHOUGH MATERIALLY INCONSISTENT WITH THE ORIGINAL CONCEPT PLAN CONTAINED IN THE AMENDED AND RESTATED/CONSOLIDATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND THE JCC FOR THE CITY-OWNED PROPERTY LOCATED AT 4221-29 PINE TREE DRIVE, MIAMI BEACH, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL PROPRIETARY DOCUMENTATION, ON BEHALF OF THE CITY, RELATED TO THE JCC'S APPLICATION TO THE CITY'S DESIGN REVIEW BOARD, AS MAY BE REQUIRED WHEREAS, on June 3, 1981 the City first leased to the Jewish Community Centers of South Florida, Inc., the City property located at 4221 Pine Tree Drive, also known as lots 5, 6 and 7 of Flamingo Bay Subdivision, as recorded in Plat Book 6 at Page 101 of the public records of Miami-Dade County, Florida. (Resolution 81-16678); and WHERAS, the lease was amended and extended on three occasions, such that the lease term extended through to October 31,2015, with two additional ten-year options, and was assigned to Miami Beach Jewish Community Center, Inc., a not-for-profit corporation (Resolutions 84-17863, 85-18280, and 88-19226); and WHEREAS, on July 12, 2000, the Mayor and City Commission adopted Resolution No. 2000-23994 approving an Amended and Restated/Consolidated Lease Agreement, subject to referendum (subsequently approved by voters at a November 7, 2000, Special Election), which included a 99 year extension of the term to 2099, and modified the provisions related to the design and construction of improvements on the Property, including deadlines for submissions of plans to the City for its proprietary review, as well as Design Review Board (DRB) review; and WHEREAS, on October 13, 2003, the Mayor and City Commission adopted Resolution No. 2003-25363, approving a First Amendment to the Amended and Restated/Consolidated Lease Agreement, extending the previously existing deadline for submission to the DRB, from November 8,2003 to November 8,2004, in order to allow the JCC sufficient time to secure the necessary financial backing to ensure that the proffered plan may be fully developed; and WHEREAS, on October 13, 2004, the Mayor and City Commission adopted Resolution 2004-25720 approving a Second Amendment to the Amended and Restated/Consolidated Lease Agreement, extending the time periods for the JCC to apply to the City's Design Review Board, submit plans for the City's proprietary review of the design of the proposed improvements to the property, to obtain building permits and to complete construction of the proposed improvements, and amending other provisions of the agreement as appropriate under the circumstances; and WHEREAS, on February 8, 2005, the JCC submitted to the City, a new set of Preliminary Plans and Specifications for the City's proprietary review, and it was concluded that said Preliminary Plans and Specifications are materially inconsistent with the original Concept Plan, and as such, and in accordance with the provisions of the Lease Agreement, same are being forwarded to the Mayor and City Commission for discussion; and WHEREAS, the Preliminary Plans and Specifications, as submitted, reflect a reduction in the amount of open space which would remain available for outdoor ''field sport" activities and unobstructed recreational open space, and the possible impact to the immediately adjacent single family residential district directly to the north of the Property; and WHEREAS, on March 16, 2005, the Administration recommended that Mayor and City Commission affirm the City Manager's finding that the newly submitted Preliminary Plans and Specifications are inconsistent with the originally submitted Concept Plan, and that the matter be referred to the Neighborhood/Community Affairs Committee for review and discussion of the proposed changes; and WHEREAS, the Mayor and City Commission referred the matter to the Neighborhood/Community Affairs Committee which reviewed and discussed the Preliminary Plans and Specifications, as presented by the JCC, at their March 29, 2005 meeting, and after review and discussion moved to approve the item and send it back to the Mayor and City Commission for discussion, and requested that the JCC evaluate and provide a cost estimate for an alternative underground parking scenario, so as to preserve and/or maximize the amount of recreational open space on the Property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that pursuant to the recommendation of the Neighborhood/Community Affairs Committee on March 29, 2005, the Preliminary Plans and Specifications submitted by the Miami Beach Jewish Community Center, Inc. (JCC) on February 8, 2005, although materially inconsistent with the original Concept Plan contained in the Amended and Restated/Consolidated Lease Agreement by and between the City of Miami Beach and the JCC for City-owned Property located at 4221-29 Pine Tree Drive, Miami Beach, Florida, be approved; and that the City Manager be authorized to execute any and all proprietary documentation, on behalf of the City, related to the JCC's application to the City's Design Review Board, as may be required. J~\MAi~ r t4CIvA CITY CLERK Robert E. Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION MAYOR David Dermer PASSED AND ADOPTED THIS 20th Attest: M~ CITY ATTORNEY J}/- "1-}3"()~ DATE F:\DDHP\$ALL \ASSET\4221 PINE\JCC4221 PRELlMINARYPLANSAPPROV ALRES. DOC CITY OF MIAMI BEACH COMMISSION'ITEM SUMMARY m Condensed Title: Resolution approving the Preliminary Plans And Specifications submitted by the JCC on February 8, 2005, as recommended by the Neighborhood/Community Affairs Committee, although materially inconsistent with the original Concept Plan contained in the Amended And Restated/Consolidated Lease Agreement by and between the City and the JCC for the City-owned property located At 4221-29 Pine Tree Drive; further authorizing the City Manager to execute all proprietary documentation related to the JCC's application to the Ci 's Desi n Review Board, as re uired. Issue: Should the Mayor and City Commission adopt the Resolution, in accordance with the Neighborhood/Community Affairs Committee's recommendation? Item Summary/Recommendation: On June 3, 1981 the City first leased to the JCC the property at 4221 Pine Tree Drive. The Lease was subsequently amended on several occasions, the last of which was on October 13, 2004, whereby the Mayor and City Commission approved a 2nd Amendment to the Amended and Restated/Consolidated Lease Agreement. The term of the Lease, as extended runs through 2099 and provides that the JCC invest in major capital improvements on the Premises, and provides that the JCC submit Plans for same to the City for its proprietary review and make application to the City's Design Review Board (DRB), The JCC newly submitted Preliminary Plans and Specifications (Plans) on February 8,2005, for the City's proprietary review. The Lease provides that in the event the City Manager finds that said Plans are materially inconsistent with the original Concept Plan provided in the Lease, then in that event the City Manager shall forward same to the Mayor and City Commission for discussion, The Plans reflect a reduction in the space available for "field sports", open recreation space and have been found to be materially inconsistent with the original Concept Plan, and as such the matter should be referred to the Neighborhood/Community Affairs Committee, On March 16,2005, the Administration recommended that the Mayor and City Commission adopt the Resolution affirming the City Manager's finding and refer the item. The item was referred. On March 29, 2005, the JCC presented its Preliminary Plans and Specifications to the Committee, at which time the Administration shared its concerns that the Plans, as currently proposed, reflected a reduction of recreational open space when compared to the originally approved Concept Plan, and further expressed concern of the possible impact to the residential neighborhood to the north of the Property, The Committee moved to approve the item and send it back to the Mayor and City Commission for discussion, and requested that the JCC evaluate and provide a cost estimate for an alternative underground parking scenario, so as to preserve and/or maximize the amount of recreational open space on the Property. If the Mayor and City Commission adopt the attached Resolution accepting the Neighborhood/Community Affairs Committee recommendation to approve the Preliminary Plans and Specifications, authorize the City Manager to execute any and all proprietary documentation, related to the JCC's application to the City's Desian Review Board, as may be required, Advisory Board Recommendation: IN/A Financial Information: Source of Funds: D Finance Dept. City Clerk's Office Legislative Tracking: I Jose Damien Si n-Offs: F:\DDHP\$ALL \ASSET\4221 PI NE\JCC4221 PreliminaryPlansApprovalSUM .doc AGENDA ITEM ~l K DATE~-2o-0~ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.us CITY OF MIAMI BEACH To: From: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ City Manager ~ 'L- Date: April 20, 2005 A RESOLUTION OF THE MAYOR AND CI COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE PRELIMINARY PLANS AND SPECIFICATIONS SUBMITTED BY THE MIAMI BEACH JEWISH COMMUNITY CENTER, INC. (JCC) ON FEBRUARY 8, 2005, AS RECOMMENDED BY THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE ON MARCH 29, 2005, ALTHOUGH MATERIALLY INCONSISTENT WITH THE ORIGINAL CONCEPT PLAN CONTAINED IN THE AMENDED AND RESTATED/CONSOLlDATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND THE JCC FOR THE CITY-OWNED PROPERTY LOCATED AT 4221-29 PINE TREE DRIVE, MIAMI BEACH, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL PROPRIETARY DOCUMENTATION, ON BEHALF OF THE CITY, RELATED TO THE JCC'S APPLICATION TO THE CITY'S DESIGN REVIEW BOARD, AS MAY BE REQUIRED RECOMMENDATION: Subject: Consider the recommendation of the Neighborhood/Community affairs Committee. ANALYSIS: Oriqinal Lease: On June 3, 1981 the City first leased to the Jewish Community Centers of South Florida, Inc., City property at 4221 Pine Tree Drive, also known as lots 5, 6 and 7 of Flamingo Bay Subdivision, as recorded in Plat Book 6 at Page 101 ofthe public records of Miami-Dade County, Florida. (Resolution 81-16678). Lease. as Amended and Extended The lease was amended and extended on three occasions, such that the lease term extended through to October 31, 2015, with two additional ten-year options, and was assigned to Miami Beach Jewish Community Center, Inc., a not-for-profit corporation (Resolutions 84-17863, 85-18280, and 88-19226). Amended and Restated/Consolidated Lease: On July 12, 2000, the Mayor and City Commission adopted Resolution No. 2000-23994 approving an Amended and Restated/Consolidated Lease Agreement, subject to referendum (subsequently approved by voters at a November 7,2000, Special Election), which incorporated the following: 1. Term was extended for 99 years, to 2099. 2. Permitted uses would include recreational, cultural, educational, social service and minor and incidental religious uses. 3. Provided for payment of fair market value and appraisal methodology for the area to be used for religious services and use fees for expanded religious uses limited to a maximum of 10 holidays per year. 4, Set forth construction parameters, specifically addressing review requirements (including Design Review Board review and approval), construction commencement and completion deadlines, and required a minimum initial investment of $2 million in improvements forwhich a building permit must be issued within five (5) years from the commencement of the Lease, subject to reasonable extensions. 5. Construction which was previously restricted to two (2) lots would be permitted on all three (3) lots, in accordance with the concept plan. 6. In the event the required referendum failed, the lease would revert to the previously existing lease term. 7. JCC agreed to indemnify, defend and hold the City harmless in the event of challenges to the lease and referendum. 8. By separate agreement, the JCC agreed to hold harmless, indemnify and defend the City from challenges related to the Lease and referendum, from the time of the adoption of the subject resolutions, and reimburse the City for all costs associated with the referendum. The referendum appeared on the November 7, 2000, ballot, and was approved by the respective voters. First Amendment to the Amended and Restated/Consolidated Lease: In accordance with Section 15.5 ofthe Lease Agreement (see item 4 above), the JCC was required to present the City with Preliminary Plans and Specifications (Plans), and make application to the City's Design Review Board (DRB) for approval of same, no later than November 8, 2003, In a letter dated October 3,2003, attorney Jeffrey Bercow, on behalf ofthe JCC, cited that after meeting with the City Commission's Neighborhood Committee, the JCC leadership opted to withhold submittal of the Plans to the DRB in order to ensure that they would have the financial resources to deliver the improvements depicted by said Plans and respective specifications. The letter also reflected that the JCC had since met with potential donors and begun the fund raising process, but would like to be confident that the development plan it presents the City is financially feasible, and as such sought additional time to present the City with the "Preliminary Plans and Specifications" and apply for DRB approval as required under the Lease. To that end, the JCC formally requested that the City consider amending the Lease Agreement by modifying Section 15.5 thereof by extending, by a one (1) year period, the date by which the JCC must apply for DRB approval. On October 13, 2003, the Mayor and City Commission adopted Resolution No. 2003-25363, extending the previously existing deadline for submission to the DRB, from November 8, 2003 to November 8, 2004, in order to allow the JCC sufficient time to secure the necessary financial backing to ensure that the proffered plan may be fully developed. Said Resolution also served to amend and clarify that section of the Lease that defines the "Commencement Date", which had not been previously filled-in in the Agreement, establishing the Commencement Date as November 8,2000 (the day after the referendum that approved the Lease). Proposed Second Amendment to the Amended and Restated/Consolidated Lease: In September 2004, the JCC met with the City Administration on two separate occasions, once with Planning Department staff to review the most recently submitted Preliminary Plans from a regulatory perspective, and the second time with the Administration to review same from a proprietary perspective. The Plans, as submitted, were deemed to be inconsistent with the Concept Plan, by the Administration, Planning Department staff made preliminary recommendations to the JCC, with regard to the siting of certain building components, which would be in keeping with the intent of the original Concept Plan, by allowing for a more defined view corridor from Pine Tree Drive, east, towards the Indian Creek Waterway. The City and JCC agreed to continue working towards a mutually acceptable set of Preliminary Plans and Specifications, in accordance with the Planning Department's preliminary recommendations. In light of a then pending deadline of November 8, 2004, requiring the JCC to submit Preliminary Plans and Specifications to the DRB, and in order to address the Plan's inconsistencies with the original Concept Plan, the JCC requested to extend several currently existing deadlines included in the following sections of the First Amendment to the Amended and Restated/Consolidated Lease: Para Item Description Original As Amended Currently Previouslv 15.4 City Proprietary Review (Preliminary Plans) Nov 8, 2003 Nov 8,2004 Feb 8, 2005 15.5 DRB submittal (Preliminary Plans) Nov 8, 2003 Nov 8,2004 May 6, 2005 15.7 City Proprietary Review (Construction Plans) Nov 8, 2005 Nov 8, 2005 12 months from DRB aooroval 15.8 Obtain Building Permits Nov 8, 2005 Nov 8, 2005 Nov 8, 2006 15,11 Construction Commencement Nov 8, 2005 Nov 8, 2005 Jan 7, 2007 15.12 Construction Completion Nov 8, 2007 Nov 8, 2007 Nov 8, 2008 Additionally, and in furtherance to the City's and JCC's mutual goal to ensure that the timely processing and completion of the proposed project is diligently pursued, the JCC agreed to provide the City, along with the Preliminary Plans and Specifications, a funding plan reflecting that the JCC will have sufficient funds to timely commence and complete construction, and prior to commencement of construction shall submit evidence satisfactory to the City Manager that said funding and/or construction financing commitments are in place, as same is reflected in Paragraphs 15.4 and 15.8, respectively. On October 13, 2004, the Mayor and City Commission adopted Resolution 2004-25720 approving a Second Amendment to the Amended and Restated/Consolidated Lease Agreement, between the City and the JCC, to extend the time periods for the JCC to apply to the City's Design Review Board, submit plans for the design of the proposed improvements to the property, to obtain building permits and to complete construction of the proposed improvements (as provided in the above proposed schedule), and amending other provisions of the agreement as are appropriate under the circumstances. On February 8, 2005, the JCC submitted to the City Manager, a new set of Preliminary Plans for the City's proprietary review, The Administration has concluded that said Plans are materially inconsistent with the original Concept Plan, and as such, and in accordance with the provisions of the Lease Agreement, the City Manager is required to forward same to the Mayor and City Commission for discussion, The Plans, as submitted, reflect an increase in the total area encumbered by physical improvements, and there is some concern as to the amount of open space which would remain available for outdoor "field sport" activities and unobstructed recreational open space, and the possible impact to the immediately adjacent single family residential district directly to the north of the Property. On March 16,2005, the Administration recommended to the Mayor and City Commission, that the City Manager's finding that the newly submitted Preliminary Plans and Specifications were inconsistent with the originally submitted Concept Plan, be affirmed, and that the matter be referred to the Neighborhood/Community Affairs Committee for review and discussion of the proposed changes. The Mayor and City Commission referred the matter to the Neighborhood/Community Affairs Committee. On March 29, 2005, the JCC presented its Preliminary Plans and Specifications to the Neighborhood/Community Affairs Committee. The Administration shared its concerns with the Committee, that the Plans, as currently proposed, reflected a reduction of recreational open space when compared to the originally approved Concept Plan, especially in light of overall deficiencies in large active recreational open space areas available in the City. At the current time, an opportunity exists to maintain significant active recreational open space areas, which will be diminished if the pending Plan is approved as presented by the JCC. Further exploration of development options, such as relocating certain components of the Plan to another part of the property, or an altemative underground parking scenario, may provide better open-space opportunities in the area. The Administration further expressed concern of the possible impact to the residential neighborhood to the north of the Property, due to the proximity of certain proposed improvements and overall scale of the project. The Committee, after review and discussion, moved to approve the item and send it back to the Mayor and City Commission for discussion, and requested that the JCC evaluate and provide, at the April 20, 2005 Commission meeting, a cost estimate for an alternative underground parking scenario so as to preserve and/or maximize the amount of recreational open space on the Property. If the Mayor and City Commission adopt the attached Resolution accepting the Neighborhood/Community Affairs Committee recommendation to approve the Preliminary Plans and Specifications submitted by the Miami Beach Jewish Community Center, Inc. (JCC) on February 8,2005, authorize the City Managerto execute any and all proprietary documentation, on behalf ofthe City, related to the JCC's application to the City's Design Review Board, as may be required. JMG:TH:JD:rd F:\DDHP\$ALL \ASSET\4221 PI NE\JCC4221 PreliminaryPlansApprovalMEM.doc '0- r"('':J . 0 -It '-0 ...J ~ ':J If- it) W t: I t) lt ,<1: ~ (J) l! 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