7THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
February 21,2017 Agenda Item NO.:~ Steven Alexander, City Manager
A Resolution relating to the release of a Unity of Title, pursuant to Section 20-5.16{E}
of the Land Development Code, for the following properties: 7435 SW 61 st Avenue
{Folio 09-4036-027-0090}, 6020-6022 S. Dixie Highway {Folio 09-4036-029-0110},
6030 S. Dixie Highway {Folio 09-4036-027-0011} and a parking lot on SW 61 st Avenue
{Folio 09-4036-030-0010}
BACKGROUND:
On August 5, 2015, the City Commission approved Resolution No. 141-15-14380 accepting a
Unity of Title for the following properties: 7435 SW 61 st Avenue, 6020-6022 S. Dixie Highway,
6030 S. Dixie Highway and a parking lot on SW 61 st Avenue. The Unity of Title was required for
the approval of an administrative development plan (ADP) that had been submitted for the
property. The ADP was never constructed and since that time, the property was sold. The new
owner, S. Miami Retail BH, LLC, does not wish to move forward with. the approved plans.
Instead, the owner wishes to release the Unity of Title and separate the parcels.
ANALYSIS:
Pursuant to Section 20-5.16{E}ofthe Land Development Code,
. Any unity of title required by this section shall nat be released except upon
approval by resolution passed and adopted by the city, commission, after a public
hearing and executed by the city manager and the city clerk. The release of the
unity of title is contingent upon a cessation of the conditions and/or criteria
which originally required the execution of the subject unity of title.
The conditions and/or criteria which originally required the execution of the unity of title are no
longer applicable, so the owner's request is appropriate.
RECOMMENDATION:
Staff recommends the Mayor and City Commission approve the resolution releasing the Unity
of Title.
Attachments:
• Draft Resolution
• Letter from Michael J. Marrero, Esq. dated January 20, 2017
1 Resolution No. -----------------
2 A Resolution relating to the release of a Unity of Title, pursuant to Section 20-5.16(E) of
3 the Land Development Code, for the following properties: 7435 SW 61 s1 Avenue (Folio
4 09-4036-027-0090),6020-6022 S. Dixie Highway (Folio 09-4036-029-0110), 6030 S. Dixie
5 Highway (Folio 09-4036-027-0011) and a parking lot on SW 61 st Avenue (Folio 09-4036-
6 030-0010)
7 WHEREAS, S. Miami Retail BH, LLC is the Owner of several properties located along SW
8 74th Street; and
9 WHEREAS, the property is subject to a Unity of Title recorded August 8, 2015, in OR 29747,
10 Pages 911-914; and
11 WHEREAS, the Unity of Title was required by the City pursuant to a Hometown District
12 administrative development plan (ADP) approval for new construction; and
13 WHEREAS, at this time, the Owner has purchased the property from the original applicant of
14 the ADP and does not wish to move forward with the approved plans; and
15 WHEREAS, the Owner has requested that the City of South Miami release the Unity of Title.
16 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
17 OF THE CITY OF soum MIAMI, FLORIDA:
18 Section 1: The requested release of the Unity of Title recorded August 8, 2015, in OR Book
19 29747, Pages 911-914 for the following property described as:
20 PARCEL A:
21 Lot 3 and the Southwesterly 19.1 feet of Lot 2, which Southwesterly 19.1 feet adjoins and lies
22 alongside of Lot 3, for a distance of 94 feet; less the Northwesterly 16 feet of Lot 3 for highway
23 purposes, Block 1, of LARKIN PINES, according to the Plat thereof as recorded in Plat Book 24,
24 Page 20, of the Public Records of Miami Dade County, Florida; having 6,494 sq/ft more or less;
25 Property address: 6030 South Dixie Highway, Miami, Florida 33143; Folio Number 09-4036-
26 027-0011;
27
28 PARCELB:
29 Lots 1, 2, and 3, Block 2, of LARKIN PINES, according to the Plat thereof as recorded in Plat
30 Book 24, Page 20, of the Public Records of Miami Dade County, Florida; having 24,900 sq/ft
31 more or less, Property address: 7435 Southwest 61 st Avenue, Miami, Florida 33143; Folio
32 Number 09-40~6-027-0090;
33
PARCELC: 34
35
36
37
All of Lot 7, in Block 2, of AMENDED PLAT OF THE SOLOVOFF SUBDIVISION,
according to the Plat thereof, recorded in Plat Book 7, at Page 11, of the Public Records of Miami
Dade County, Florida; and
38 Lot 1 less the Northwesterly 16 feet for Right-of-Way and Lot 2 less the Northwesterly 16 feet
39 for Right-of-Way and less the Southwesterly 19.1 feet of said Lot 2, both in Block 1 of LARKIN
40 PINES, according to the Plat thereof as recorded in Plat Book 24, Page 20, of the Public Records
41 of Miami Dade County, Florida. Having all together 11,520 sq/ft more or less; Property Address:
42 6020 and 6022 South Dixie Highway, Miami, Florida 33143; Folio Number 09-4036-029-0110.
43
44 PARCEL D: (PARKING LOT)
45 Lot 1 of AMERICAN TOWNSITES COMPANY'S SUBDIVISION NO.1 OF LARKIN,
46 according to the Plat thereof, as recorded in Plat Book 3, at Page 134, of the Public Records of
47 Miami Dade County, Florida, having5520 sq/ft. more or less; Folio Number 09-4036-030-0010
48
49 is approved and the property is hereby released from the recorded Unity of Title.
50
51 Section 2. A copy of this resolution shall be delivered to the Building Department and
52 kept with the file that had previously been made for the Dixie Acquisitions Number One, LLC
53 project. All building permits issue by the City of South Miami for construction of improvements
54 on the subject Property shall be voided.
55
56 Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
57 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
58 not affect the validity of the remaining portions of this resolution.
59
60 Section 4. Effective Date. This resolution shall become effective immediately upon
61 adoption.
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PASSED AND ADOPTED this __ day of _____ :, 2017.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Harris: .
Commissioner Edmond:
Commissioner Liebman:
rI
BERCOW RADELL &. FERNANDEZ
ZONING. LAND USE AND ENVIRONMENTAL LA\N
VIA HAND DELIVERY
January 20, 2017
DIRECT LINE: (305) 377-6238
E-Mail: MMarrero@BRZoningLaw.com
Ms. Jane Tompkins, Planning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Request to Release Unity of Title
Dear Ms. Tompkins,
This office represents S Miami Retail BH, LLC (the "Owner"), the current
owner of the following properties (together described as the "Properties"):
7435 SW 61 st Avenue (Folio No. 09-4036-027-0090)
6020-6022 S Dixie Highway (Folio No. 09-4036-029-0110)
6030 S Dixie Highway (Folio No. 09-4036-027-0011)
Parking Lot Parcel (Folio No. 09-4036-030-0010)
The Properties are joined together by a Unity of Title recorded at OR 29747, Page
911 (the "Unity of Title"), which was approved by the City Commission pursuant
to City of South Miami Resolution 041-15-14380. As you are aware, the Unity of
Title was required by the City pursuant to a Hometown District administrative
development approval for new construction. At· this time, the Owner has
purchased the Properties from the prior applicant and no longer seeks to move
forward with the administrative approval. As a result, since the approval is no
longer sought, the Unity of Title should be released by the City, in conjunction
with a withdrawal of the administrative development approval.
Pursuant to our meeting with you from January 10th, 2017, we would like
to proceed with a release of the Unity of Title. As discussed and pursuant to the
requirements in the City's Land Development Regulations, release of the Unity
SOUTHEAST FINANCIAL CENTER. 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300· FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
of Title must be done with the approval of the City Commission at a public
, hearing. Attached, please find the attached request and a check for $1,500.00.
Thank you for your assistance in this matter. If you have any questions
please do not hesitate to contact me.
Very truly yours,
/}/)~--~ /:;1 f C~
Michael J. Marrero
BERCOW RADELL &. FERNAN DEZ
ZONING. LAND USE AND ENVIRONMENTAL LAVV
30SE I I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
I SUNDAY FEBRUARY 11 1017
MIAMIHERAlD.COM
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public
Hearing(s) at its regular City Commission meeting scheduled for Tuesday, February 21,2017, beginning at
7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
A Resolution relating to an application for waiver of plat for the subdivision of property located at
5957 SW 80 Street.
A Resolution authorizing the City Manager to enter into a multi-year contract with Marlin Engineering,
,Inc., for general engineering services on an as needed basis.
A Resolution relating to the release of a Unity of Title, pursuant to Section 20-5.16(E) of the
Land Development Code, for the following properties: 7435 SW 61'1 Avenue (Folio 09-4036-027-0090),
6020-6022 S. Dixie Highway (Folio 09-4036-029-(110), 6030 S. Dixie Highway (Folio 09-4036-027 -0011)
and a parking lot on SW 61'( Avenue (Folio 09-4036-030-0010).
An Ordinance amending chapter 8A and adding a new section 8A-7 to the City's Code of Ordinances
for the purpose of regulating communication during certain phases of competitive solicitation and
to establish a "Cone of Silence".
An Ordinance amending the Land Development Code, Article VII, "Hometown District Overlay Ordinance",
Sections 20-7.2 and 20-7.5 and Article VIII, "Transit-Oriented Development District", Sections 20-8.2 and
20-8.3 relating to the definition of "Story" and maximum building height.
ALL interested parties are invited to attend ,md will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105. the City hereby advises the public that if a person decides to appeal any decision made by this Board. Agelll;y
or Commission with respect to any matter considered at its meeting or hearing. he or she will need a record of the proceedings, and that for such
purpose. affected person may need to ensme that a verbatim record of the proceedings is made which record indudes the testimony and evidence
upon which the appeal is til be based.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sun·day and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
OCTELMA V. FERBEYRE, who on oath says that he or she is
the VICE PRESIDENT, Legal Notices of the Miami Daily
Business Review flk/a Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-FEB. 21, 2017
in the XXXX Court,
was published in said newspaper in the issues of
02/10/2017
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami-Dade County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for th purpose of securing this advertisement for
Sworn to and subscribed before me this
10 day ~ EBRUARY, AD. 2017
(SEAL)
OCTELMA V. FERBEYRE personally known to me
CDTY OF SOUTH MIAMI
NOTICE Of' PUBUC HEARnlNG
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, February 21, 2017, beginning at 7:00 p.m.,
in the City Commission Chambers, 6130 Sunset Drive, to consider the following
ltem(s):
A 'Resolution relating to ·an application for waiver of plat for the
subdivision of property located at 5957 SW 80 Street.
A Resolution authorizing the City Manager to enter into a mUlti-year
contract with Marlin Engineering, Inc., for general engineering services
on an as needed basis.
(A.ReS~lution relating to the release ora Unity otTitle, pursuant tD·
Section 20-5.16(E) of the Land Development Code, for the following
. . properties: 7435 SW61 st Avenue (Folio 09-4036-027 -009~),. 602.0-6022 .
S. Dixie Highway (Folio 09-4036-029-0110), 6030 S. DIxie Highway
. (Folio 09-4036-027-0011) and a parking lot on SW 61st Avenue
. (Folio 09-4036-030-0010) ..
. .
An Ordinance amending chapter 8A and adding a new section 8A-7
to the City's Code of Ordinances. for the purpose of regulating
communication during certain phases of competitive solicitation
and to establish a "Cone of Silence".
An Ordinance amending the Land Development ·Code, Article VII,
"Hometown District Overlay Ordinance", Sections 20-7.2 and 20-7.5
and Article VIII,. "Transit-Oriented DevelOPment DistriCt", Sections
20-8.2 and 20-8.3 relating to the definition of "Story" and maximum
bLiilding height.
ALL interested parties are invited to attend and will be heard.
For further inform.ation, please contact the City Clerk's Office at:
305-663-6340.
Maria M, Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board; Agency
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, and thaUor such
purpose, affected person may need to ensure that a verbl!tim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.
2/10 17-157 10000197327M