City Council Staff Report

City of North Miami Beach, Florida

Planning and Zoning Department

City Council

Staff Report

TO: City Council
FROM: Carlos Rivero, City Planner
DATE: February 3, 2015
ITEM: 14-018A


RE: Vacation of a portion of the south half of Miami Drive right-of-way between NE 167 Street and NE 19 Avenue


Request:
The Applicant, Bilzin, Sumberg, Baena, Price and Axelrod, LLP., representing Shefa Tal, LLC., is requesting the vacation of a portion of the south half of the Miami Drive right-of-way between NE 167 Street and NE 19 Avenue consisting of approximately 25,132 square feet or .577 acre (see exhibit “A” for legal description and location and site sketches). The vacation is being requested in order to construct a 60,638 square foot mixed-use office and retail building (Item #14-018B) on an assembled 51,257 square foot or 1.178 acre lot at 1875 NE 167 Street in the Fulford City Center Zoning District (FCC)
Background:
This particular segment of the Miami Drive right-of-way travels along a SW to NE diagonal trajectory between NE 167 Street and NE 19 Avenue and has an original plated width of 125 feet. The north half of the right-of-way, 62.5 feet, was vacated by the City through Ordinance 64-20 passed and adopted by the City Council on June 2, 1964 and it is currently being used as secured parking by Aventura Plaza. However there has not been any interest on the south side of the right-of-way from the adjacent property until now. In order to maximize the development potential of the site located to the south of this right-of-way at 1875 NE 167 Street, and utilize the additional square footage in order to construct a 60,638 square foot mixed-use retail and office building (Item #14-018B) the applicant is requesting that the City vacate a portion of the right-of-way at this time.

Planning and Zoning Department Analysis:
The north half of the right-of-way has been vacated for fifty years with no negative impact to the public or private sector, and vacating the south half of the right-of-way at this time will not result in any negative impact either and will allow for greater development potential of the adjacent property to the south as the proposed Solo Retail and Office Complex (Item #14-018B)
Planning and Zoning Department Recommendation:
Staff recommends approval of the requested right-of-way vacation in order to facilitate development that “contributes to the creation of a traditional town center and the formation of a quality pedestrian-oriented, mixed-use district” with the following condition:

1. 
   Once the right-of-way has been vacated, the applicant shall re-plat and re-survey the site in order to show a fully assembled parcel prior to building permit.
   
2. 
   Public improvements as part of the proposed project (see Exhibit “B”) shall include:
   

• 
  Sidewalk and landscape improvements along NE 19 Avenue.
  
• 
  Sidewalk landscape and parking improvements along NE 167 Street.
  
• 
  Curbing, paving and landscape improvements to the south entrance into Aventura Plaza.
  

3. 
   The Applicant is granted site plan approval in order to construct a 60,638 square foot mixed-use office and retail building located at 1875 NE 167^th Street, North Miami Beach, Florida (see Exhibit “B” for the Resolution, Staff Report and Site Plan Application for the proposed project).
   
4. 
   Except for involuntary transfers which shall include, without limitation, foreclosure transfers and transfers in lieu of foreclosure, the Applicant shall not be entitled to assign or transfer its rights under this approval without prior written approval by the City.
   
5. 
   No later than 10 days following the final City Council approval, the Applicant shall enter into an agreement with the City to defend, indemnify and hold harmless (using legal counsel acceptable to the City) the City, its agents, servants and employees, from and against any loss, cost, expense, claim, demand or cause of action of whatever kind or nature arising out of or related to any act or omission related to this vacation and for which the City, its agents, servants, or employees, are alleged to be liable or charged with such expense. The Applicant shall pay all costs and expenses related to any legal defense required by the City pursuant to the foregoing.
   

Submittal History:

TRAD (November 11, 2014)

Planning & Zoning Board (January 12, 2015) unanimously approved by a vote of six to zero (6-0)

17050 N.E. 19^th Avenue North Miami Beach, Florida 33162-3194  [phone]  [phone]