Item Coversheet

Resolutions - C7  AM




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Raul J. Aguila, City Attorney 
DATE:October  17, 2018
 



SUBJECT:

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQUIRING THE FOLLOWING MATTERS BE HEARD SIMULTANEOUSLY, ALONG THE SAME TIME TABLE, AND HAVE THE SAME ENACTMENT DATES: (1) THE VACATION OF 6TH STREET, (2) THE APPROVAL OF A DEVELOPMENT AGREEMENT WITH SOUTH BEACH HEIGHTS I, LLC, 500 AL TON ROAD VENTURES, LLC, 1220 SIXTH, LLC, AND KGM EQUITIES, LLC (COLLECTIVELY, THE "DEVELOPER"); WHO IS THE OWNER OF THE PROPERTY LOCATED AT 500, 630 AND 650 ALTON ROAD, 1220 6TH STREET, AND 659, 701, 703, 711, 721, 723, 727 AND 737 WEST AVENUE; AND (3) THE ADOPTION OF ANY COMPREHENSIVE PLAN AMENDMENTS OR ZONING ORDINANCES THAT WOULD RESULT IN THE FOLLOWING: (A) A DEDICATED, DESIGNED AND CONSTRUCTED 3.2 ACRES CITY PARK, (B) DELINEATED DEVELOPMENT RIGHTS ATTRIBUTABLE TO THE DEVELOPER AND THE CITY UNDER A DEVELOPMENT AGREEMENT; AND (C) A VACATED 6TH STREET, WITH CROSS UTILITY AND ACCESS EASEMENTS TO THE CITY.


ANALYSIS

South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, 1220 Sixth, LLC, and KGM Equities, LLC (collectively, the “Developer”) are owners of the property located at 500, 630 and 650 Alton Road, 1220 6th Street, and 659, 701, 703, 711, 721, 723, 727 and 737 West Avenue (collectively, the “Development Site”).

The City of Miami Beach (the “City”) holds a right-of-way dedication to a 50 foot wide right of way known as 6th Street, running from West Avenue to Alton Road (the “City Parcel ”). Developer is the owner of the Development Site, which Development Site fronts both sides of the City Parcel.

The Developer intends to develop the property with a mixed-use residential and commercial development (collectively, the "Proposed Development") pursuant to a Florida Statute Chapter 163 development agreement to be negotiated between the City and the Developer (the “Development Agreement”), and to provide to the City a dedicated, designed, and constructed, world-class, 3.2 acres public park. The Proposed Development shall be developed as a unified development site. In order to move forward with the proposed Development, the City would need to approve the proposed Development Agreement; vacate 6th Street (with cross utility and access easements over the vacated area); and adopt certain proposed amendment to the Comprehensive Plan and adopt certain zoning ordinances (A rezoning of the underlying parcels to CD-2; and certain height, setback and use regulations for the Gateway Overlay area).

As there are several moving parts, and as the City desires that all the components of the proposed project travel as one, it is the recommendation and intent of the City Commission that the various components [the development agreement, vacation and easement, and zoning ordinances] travel under one schedule. It is the intent of the Mayor and City Commission that the vacation of 6th Street (with cross utility and access easements); the final approval of the development agreement (second reading, public hearing), and the adoption of any applicable amendments to the City’s Comprehensive Plan, and zoning ordinances be adopted at the same time, and that none of the three parts of the underlying development be moved forward without the other components; including but not limited to, the design of the proposed 3.2 acres park along West Avenue to the west, moving towards Alton Road, to the east, between 6th Street to the south and 8th Street to the north.

The proposed 3.2 acres world-class park design shall be an exhibit to the development agreement and which design shall travel with the other components to the above referenced development agreement, vacation and zoning actions. This concept of simultaneous review was discussed by the Land Use and Development Committee during its September 28, 2018. The Land Use Committee supported the simultaneous review of all components of the proposed development agreement, vacation, design of the park, and possible comprehensive plan and zoning code revisions.

CONCLUSION

Adopt the resolution requiring the simultaneous review of the (1) vacation of 6th Street; (2) approval of a development agreement and (3) adoption of any comprehensive plan amendments or zoning ordinances that would result in the (A) dedication, design and construction of a 3.2 acres City Park; (b) delineate development rights attributable to the developer; and (c) vacate 6th street, with cross utility and access easements being provided to the City.
Legislative Tracking
Office of the City Attorney
Sponsor
Vice-Mayor Mark Samuelian

ATTACHMENTS:
Description
Resolution