Resolutions - C7 V
|TO:||Honorable Mayor and Members of the City Commission|| |
|FROM:||Rafael Paz, Acting City Attorney|| |
|DATE:||March 17, 2021|
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FINAL ASSESSMENT ROLL FOR THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, TO REMOVE FROM THE ASSESSMENT ROLL THE PROPERTY LOCATED AT 1620 DREXEL AVENUE, WHICH IS OWNED AND OCCUPIED BY MIAMI BEACH COMMUNITY CHURCH, INC., A RELIGIOUS INSTITUTION USED AS A PLACE OF WORSHIP OR EDUCATION, WHICH PROPERTY IS EXCLUDED AND EXEMPT FROM THE DISTRICT PURSUANT TO RESOLUTION NO. 2015-28992 AND SECTION 170.201(2), FLORIDA STATUTES; AND, ACCORDINGLY, WAIVING $28,000 IN OUTSTANDING SPECIAL ASSESSMENTS FOR THE SUBJECT PROPERTY.
|Adopt the Resolution.|
|On April 15, 2015, the Mayor and City Commission adopted Resolution No. 2015-28992, creating, subject to the approval of a majority of the affected property owners, a special assessment district to be known as the Lincoln Road Business Improvement District, for a term of ten (10) years, to stabilize and improve the Lincoln Road retail business district, which is located within a nationally recognized historic district (the “District”), through promotion, management, marketing, and other similar services.|
Pursuant to Section 170.201(2), Florida Statutes, property owned or occupied by a religious institution and used as a place of worship or education shall be excluded and exempted from the District. Resolution No. 2015-28992 further provides that, if any portion of a property owned by a religious institution is not used as a place of worship or education, that portion of the property shall be included in the District.
|Miami Beach Community Church, Inc., located at 1620 Drexel Avenue, is a religious institution within the meaning of Section 170.201(2), Fla. Stat. However, in May 2014, Miami Beach Community Church entered into a ground lease with South Beach Tristar LLC, for the lease and private development of a retail building on a portion of the property located at 1620 Drexel Avenue (the “Property”) (altogether, the “Ground Lease”).|
On September 30, 2015, the City Commission adopted Resolution No. 2015-29145, approving, following a duly noticed public hearing, the Final Assessment Roll for the District. The portion of 1620 Drexel Avenue that was subject to the Ground Lease is included in the Final Assessment Roll.
On August 14, 2020, the Ground Lease was terminated. No private retail development was ever constructed at 1620 Drexel Avenue, and the entirety of the Property is once again owned and occupied by Miami Beach Community Church.
Given that no private development on the Property has occurred, Miami Beach Community Church has requested that the City Commission remove the Property from the Final Assessment Roll and waive all outstanding assessments. $42,000.00 in special assessments have been levied for the portion of the Property that was subject to the Ground Lease.
SUPPORTING SURVEY DATA
|Both the removal of the Property from the assessment roll and the waiver of outstanding assessments would be consistent with the terms of Resolution No. 2015-28992 and Sec. 170.201(2), Florida Statutes. Accordingly, the City Manager and City Attorney recommend that the City Commission adopt the Resolution|
|Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14?|| ||Does this item utilize G.O. Bond Funds?|
|No|| ||No|| |
Office of the City Attorney