2016-29493 Reso RESOLUTION NO., 2016-29493
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO
SECTION 82-37(a), OF THE CITY CODE, SETTING A PUBLIC
HEARING TO APPROVE THE VACATION OF ATLANTIC WAY
BETWEEN 76TH STREET AND 77TH STREET, CONSISTING OF
A 30 FOOT WIDE RIGHT-OF-WAY, CONTAINING
APPROXIMATELY 9,000 SQUARE FEET IN TOTAL AREA,
ATTACHED HERETO AS EXHIBIT "A", AS SHOWN ON THE
CORRECTED PLAT "ALTOS DEL MAR NO. 1," RECORDED IN
PLAT BOOK 31 AT PAGE 40, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, AND LYING IN A PORTION OF
GOVERNMENT LOT 2, SECTION 2, TOWNSHIP 53 SOUTH,
RANGE 42 EAST, CITY OF MIAMI BEACH, IN FAVOR OF THE
CITY OF MIAMI BEACH AND THE OWNERS OF 7605 COLLINS
AVENUE; WAIVING, BY 5/7TH VOTE, THE COMPETITIVE
BIDDING AND APPRAISAL REQUIREMENTS PURSUANT TO,
RESPECTIVELY, SECTIONS 82-39(a) AND (b) OF THE CITY
CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE
SERVED BY WAIVING SUCH CONDITIONS; AND REFERRING
THIS ITEM TO THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE, AS REQUIRED BY SECTION 82-37(a)(1), OF THE
CITY CODE.
WHEREAS, the City holds a right-of-way dedication to Atlantic Way, between
76th Street and 77th Street, consisting of a 30 foot wide right-of-way, containing
approximately 9,000 square feet (as set forth in the sketch attached as Exhibit "A"
hereto), which is reflected in the Corrected Plat "Altos Del Mar No. 1", recorded in Plat
Book 31, at page 40, of the Public Records of Miami-Dade County, and lying in a portion
of Government Lot 2, Section 2, Township 53 South, Range 42 East, City of Miami
Beach, and approved by the City as a Right-of-Way (hereinafter "City Right-of-Way");
and
WHEREAS, other than the adjacent residential property owned by the owners of
7605 Collins Avenue, all the other land surrounding Atlantic Way is owned by the City
and designated for park use; and
WHEREAS, the City desires to improve the Altos Del Mar Park and to vacate the
City Right-of-Way; and
WHEREAS, the City has obtained the consent of the owners of 7605 Collins
Avenue to the vacation and, by operation of law, they would obtain title to half of the City
Right-of-Way fronting their property (15' feet by 50') and the remainder, fronting City
property, would remain titled in the City; and
WHEREAS, Section 177.085, Florida Statutes, provides that, upon the
abandonment of a right-of-way, all rights to the former right-of-way revert to the owners
of the lots abutting such right-of-way; and
WHEREAS, a City may vacate roads when the vacation is in the public interest,
or when the street is no longer required for public use and convenience; and
WHEREAS, the vacation of the City Right-of-Way serves a public purpose of
improving Altos del Mar Park; and
WHEREAS, there is an existing non-exclusive utility easement along the City
Right-of-Way which shall remain, and shall be identified on the respective deeds for the
property owners of 7605 Collins Avenue and the City; and
WHEREAS, the property owners of 7605 Collins Avenue shall covenant not to
build a habitable structure over the non-exclusive easement area; and
WHEREAS, pursuant to the City's existing administrative policies and
procedures to consider the vacation of the City streets, alleys, and/or rights-of-way,
which also require compliance with Article II, Sections 82-36 through 82-40 of the City
Code (which establish procedures governing the sale or lease of public property), the
following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard
by the City Commission on two separate meeting dates, with the second reading
to be accompanied by a duly noticed public hearing, in order to obtain citizen
input into the proposed vacation;
2) The proposed vacation shall be transmitted to the Finance and Citywide
Projects Committee for its review (Note: The request for vacation will be heard
during the Finance and Citywide Projects Committee meeting of July 22, 2016);
3) In order for the City Commission and the public to be fully appraised of all
conditions relating to the proposed vacation, the City's Planning Department shall
prepare a written planning analysis, to be submitted to the City Commission
concurrent with its consideration of the proposed vacation; and
4) The City shall obtain an independent appraisal of the fair market value of
the property proposed to be vacated (Note: This provision may be waived by a
5/7th vote of the City Commission, finding that the public interest is served by
waiving such condition); and
WHEREAS, the Administration herby recommends that the competitive bidding
requirements and appraisal requirements of City Code Section 82-39(a) be waived as,
by operation of law, the adjacent property owners (property owners of 7605 Collins
Avenue and the City) are the only entitled parties to which the vacated right-of-way can
be conveyed; and
WHEREAS, pursuant to City Code Section 82-38, the Planning Department is
required to prepare a planning analysis relating to the six (6) elements for vacating City
Property and shall produce said written report prior to final City Commission action on
the proposed vacation; and
WHEREAS, although the City's procedures for the lease of sale or sale of public
property also require an advertised public bidding process, the requirement may also be
waived by 5/7t vote of the City Commission; in this case, and due to the nature of the
law pertaining to the vacation of rights-of-way, the City Administration recommends that
the Mayor and City Commission waive the competitive bidding requirement and
appraisal requirement, finding that the public interest is served by waiving such
conditions; and
WHEREAS, the Administration recommends that the Mayor and City
Commission approve the proposed vacation on first reading; set the second
reading/public hearing; waive, by 5/7th vote, the competitive bidding and appraisal
requirements, and refer the matter to the Finance and Citywide Projects Committee.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission pursuant to Section 82-37(a), of the City Code, set a public hearing to
approve the vacation of Atlantic Way between 76th Street and 77th Street, consisting of a
30 foot wide right-of-way, containing approximately 9,000 square feet in total area,
attached hereto as Exhibit "A", as shown on the Corrected Plat "Altos Del Mar No. 1,"
recorded in Plat Book 31 at Page 40, of the Public Records Of Miami-Dade County, and
lying in a portion of Government Lot 2, Section 2, Township 53 South, Range 42 East, City
Of Miami Beach, in favor of the City Of Miami Beach and the owners of 7605 Collins
Avenue; waiving, By 5/7th vote, the competitive bidding and appraisal requirements
pursuant to, respectively, Sections 82-39(a) and (b) of the City Code, finding that the
public interest would be served by waiving such conditions; and referring this item to the
Finance And Citywide Projects Committee, as required by Section 82-37(a)(1), of the
City Code.
PASSED and ADOPTED this /3 day of ■--)4f/ , 2016.
i%
PHILIP IN -, MAYOR
ATTEST: `
APPROVED AS TO
7 u FORM & LANGUAGE
AFA E. GRA AD•,. _L LERK l &FOR XECUTION
� B Eq �"� L„...Li 1
\ C�o�, City Attorney Dote
' ORPE�
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Exhibit A
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LOCATION SKETCH
NOT TO SCALE .
, .
LEGAL DESCRIPTION
BEING A PORTION OF "AIROSO (A ILAN TIC) WAY", 30 FEET IN WIDTH, AS SHOWN ON THE "CORRECTED PLAT ALTOS DEL MAR
Nal", AS RECORDED IN PLAT BOOK 3i, PAGE 40, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, AND LYING IN A !
PORTION OF GOVERNI,XENT LOT 2 SECTION 2, TOWNSHIP 53 sou 42 EAST CITY OF MIAMI BEACH, ,II,AMI-DAD..
COUNTY, FLORIDA, EIENG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEASTERLY CORNER OF LOT 1, BLOCK 10, ACCORDING TO SAID "CORRECTED PLAT ALTOS DEL MAR NO.
1"; THENCE N87I05'17"E, ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 1, BLOCK 10 AND THE
EASTERLY PROLONGATION OF SOUTHERLY RIGHT OF WAY LINE OF "CLEMATIS (77TH) STREET", A DISTANCE CF 30,01 FEET, TO
THE NORTHWEST CORNER OF LOT I BLOCK 7; THENCE 501'3431E, ALONG THE EASTERLY UNIE OF LOTS I, 2. 3, 4, 5, 6,
BLOCK 7 ALSO BEING THE EASTERLY LINE OF "AIROSO (ATLANTIC) WAY", A DISTANCE OF 300.00 FEET, TO THE
INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF "BOUGAINVILLEA (75TH) STREET", SAID POINT ALSO BEING THE
SOUTHWESTERLY CORNER OF SAID LOT 6, BLOCK 7; THENCE 587108'11"W ALONG THE EASTERLY PROLONGATION OF THE '
SOUTHERLY LINE OF SAID LOT 8, BLOCK 10, AND THE EASTERLY PROLONGATION OF THE NORTHERLY RIGHT OF WAY LINE OF
;
el "BOUGAINVILLEA (78TH) STREET", A DISTANCE OF 30.01 FEET, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF LOT
i 6, BLOCK 10; THENCE N0134.31"W, ALONG THE EASTERLY LINE OF LOTS 1, 2, 3, 4. 5, 6, BLOCK 10, ALSO BEING THE
1- WESTERLY LINE OF "AIROSO (ATLANTIC) WAY" A DISTANCE OF 300.00, TO THE NORTHEASTERLY CORNER OF SAID LOT 1.
BLOCK 10, SAID POINT ALSO BEING THE POINT OF BEGINNING.
CONTAINING 9,000 SQUARE FEET OR 0.2 ACRES MORE CR LESS.
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?c BRIAN T. BELLINO DATE
CITY SURVEYOR MANAGER
■ PROFESSIONAL SURVEYOR AND MAPPER NO.4973
.,.., .
APPROVE.D REVISED TITLE .
OCEAN FRONT L-1
sira,(XV
'3.
PUBLIC WORKS DEPARTMENT Ts(5 AIROSO (ATLANTIC) WAY PROJECT No.
;ma ZONVE:1:1Cm:V;IME Ctiti E,V,k11 N;I F.:LI—20160
R ?.ELLw: Pi l, IYrrty't
A
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! I A I LOT 6,BLOCK 11 I I LOT 6,BLOCK 6
`• 'CORRECTED PLAT ALTOS C. MAR No.1' os., .cx• 'CORRECTED PLAT ALTOS DEL MAR No.1-
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CORRECTED PLAT ALTOS DEL MAR No.1 0/ BLOCK 7
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SKETCH OF DESCRIPTION
I SCALE::I°=6O' (8.5"X 11" SHEET)
SURVEYOR'S NOTES:
I. THE SKETCH IS NOT A SURVEY. THIS NOTE IS REQUIRED BY RULE 5J-I7.053(5)(3) FAO.
a 2. BEARING SHOWN HEREON ARE EASE UPON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE NAG
19E13/90, R rERs7LED TO THE NORTHERLY RIGHT-OF-WAY LINE OF BOUGAINVILLEA (76TH) STREET WHICH THE SHETCH OF GESCRIPTON (SHEET L-2)
SEARS S87.09'11"W, IS NOT FULL AND COMPLETE WITHOUT THE
0 3. THE LEGAL DESCRIPTION AND SKETCH OF WAS PREPARED BY THE SIGNING SURVEYOR. HO'W'EVER THIS LEGAL DESCRIPTION (SHEET L-I)
H SKETCH WAS INTEGRATED WITH MAPPED FEATURES SURVEYED BY OTHERS. MAP OF BOUNDARY SURVEY AND
0 TOPOGRAPHIC SURVEY. PREPARED FOR THE CITY OF MIAMI BEACH, PREFORMED BY JOSE SEN-.S. P$M#593E •
LONGITUDE SURVEYORS. LLC., W AWIT STREET, SUITE 310 CORAL. FLORIDA 33156 PHONE:(305)463-0912 .,WTri V""moo
< SURVEYORS AUTHORIZATION OF USE DATED 01/25/2015. REQUIRED BY RULE 5J-17.051(3)6.,13. `• Z---Z-S1 L.
.. THIS SKETCH OF DESCRIPTION IS NOT VALID NITHCUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A BRIAN T. SELLING DATE
j FLORIDA. UCENSEO SURVEYOR AND MAPPER,
CITY SURVEYOR MANAGER
PROFESSON.AL SURVEYOR AND MAPPER N0.4973
Y - - y , ,^'� ✓'^ APPROVED REASEJ TITLE:
'1, `I I ; I ,'. i - Tt yYYY OCEAN FRONT L-2
• PUBLIC WORKS DEPARTMENT R`Y 7104YXYY AIROSO (ATLANTIC) WAY PROJECT No.
1m0 CCrvw71a,10E::=a CANE.nun SFACH.._v u> 3R4LC 7 Es.L6C.PS!; •III-l'rr 51.!-20166
Exhibit C
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LOCATION SKETCH
NOT TO SCALE
a
LEGAL DESCRIPTION
BEING A PORTION OF "AIROSO (ATLANTIC) WAY", 30 FEET IN WIDTH, AS SHOWN ON THE "CORRECTED PLAT ALTOS
c DEL MAR NO.1", AS RECORDED IN PLAT BOOK 31, PAGE 40, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
AND LYING IN A PORTION OF GOVERNMENT LOT 2, SECTION 2, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF
MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY HALF OF "AIROSO (ATLANTIC) WAY", LYING EASTERLY OF AND ADJACENT TO LOT 6, BLOCK 10,
2 ACCORDING TO SAID "CORRECTED PLAT ALTOS DEL MAR NO.1".
CONTAINING 750 SQUARE FEET MORE OR LESS.
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THIS LEGAL DESCRIPTION (SHEET L-1) IS NOT
FULL AND COMPLETE WITHOUT THE SKETCH
OF DESCRIPTION (SHEET L-2)
3-ZZ-VG
BRIAN T. BELLING, PSM DATE
CITY SURVEYOR MANAGER
PROFESSIONAL SURVEYOR AND MAPPER NO.4973
MIAMI 0/22/15 REVISED
APPROVES RES
VISE mLE:
OCEAN FRONT L_1
c PUBLIC WORKS DEPARTMENT AIROSO (ATLANTIC) WAY PROJECT No. {[@
.700 CONVENTION CENTER DRIVE,b'I:JAI MACH,R nu* BRIAN i SELUN°,PSV SM-20166
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I I • I LOT 6.BLOCK 11 I I I
LOT 6,BLOCK 6
'CORRECTED PLAT ALTOS DEL MAR No.1' I (P.B,31P.G.
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4 50•'CORRECTED PLAT ALTOS DEL MAR No.1
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souTHERLY RIGHT OF WAY 1.,NE fri
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FERNTOF BEGNING I
IN N NA V.MM.,:LOT 1 BLOcF,7
(VACATED RICHT OF WAY) ,•MULL nCRE in CONCRETE•
N.!.CORNER LOT 1.BLOCK 10
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:
' •CM:1110LE 01 CONCRETE• LOT 1
LOT 1 IS 15' '
BLOCK 10
/ s
BLOCK 7
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6-
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BLOCK 10
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P.O.B. POINT OF BEGINNING
: ' •-;--i ::1'. z (-_7 c-, : 0 S
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. . 0'-' LOT3 R RADIUS
LOT 3
g a: " 1 P' 2; -1. -' 'C' c"1; I:1 BLOCK 7
,, :1 ... ,.. o 2 ., • A ARC LENGTH
BLOCK 10 ,,,,, ,?, <§ :.,,1 g. i ;k.. J 0 -F,
. . ,=.i-
CE i-' '2 lial CA CENTRAL ANGLE
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• - cA'2:- ;,-, ,,,,,,, ,9: •th, 7- tt 12 g g a- - CO
PG CHORD DISTANCE
PACE
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<- 2 ...3 Z CALCULATED DIMENSION
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- o . 0 (P PLAT DIMENSION
' LOT 4 )
'.' . 3 , '1 LOT 4 P \... BLOCK 7 (5) SURVEY DIMENSION
,1.1. < ' ',1 BLOCK 10 3 * SURVEY BY OTHERS
6 (SEE NOTE No.3)
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<C‘ LOT 5
BLOCK 10 I LOT 5 •
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VACATED RICHT OF wAy
1 t . •:a;MON'NT• g.:,„
LOT 6 .
` § '.'..f i• LOT 6,BLOCK 10 r7 1; 4C'',••,,'Ci
CORRECTED FLAT ALTOS DEL MAR No.1 F i....: '5. ;;S ELCCK 7
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.'.f. . P.B.31,P.G.40 i g' 5
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750,0 SOFT.IF)
, ,,,,,, 1 5.N.COO LOT C.5LCCK 7
750 0 SOFT IC') .1 7 /' .1/-•Ja.IRC/I P.E5NE•
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\\...., ,,, \.---'497;10.11;6c1/ ,, S5,7•005,;
NORTHERLY MORT 04vAY I..INE r '
, •BOUGAINVILLEA(70•O'BETET r
, BOUGAINVILLEA(76th)SI HEET ,
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13 SKETCH OF DESCRIPTION
s , SCALE:1"=60' (8.5"X 1 1" SHEET)
"4
, E SURVEYOR'S NOTES:
6
7 1. THE SKETCH IS NOT A SURVEY. THIS NOTE IS REQUIRED BY RULE 5J-17.053(5)(b) FAC.
3 2 BEARING SHOWN HEREON ARE BASE UPON FLORIDA STATE PLANE COORDINATE SYSTEM. EAST ZONE NAD
/
1983/90, REFERENCED TO THE NORTHERLY RIGHT-OF-WAY LINE OF BOUGAINVILLEA (76TH) STREET WHICH THE SKETCH OF DESCRIPTION (SHEET L-2)
IS NOT FULL AND COMPLETE WITHOUT THE
BE:ARS 5E17108'11'W
P LEGAL DESCRIPTION (SHEET L-1)
c.) 3. THE LEGAL DESCRIPTION AND SKETCH OF WAS PREPARED BY THE SIGNING SURVEYOR. HOWEVER THIS
14 SKETCH V/AS INTEGRATED WITH MAPPED FEATURES SURVEYED BY OTHERS. MAP OF BOUNDARY SURVEY AND
0
TOPOGRAPHIC SURVEY. PREPARED FOR THE CITY OF MIAMI BEACH, PREFORMED BY JOSE SENAS, PSM#5938
ct
.., LONGITUDE SURVEYORS. LLC., W 48th STREET, SUITE 310 DORAL, FLORIDA 33166 PHONE:(305)463-0912 WITH 0"--- -1—r.......„„\AL.....z.,
r--"... ....".1-:
SURVEYORS AUTHORIZATION OF USE DATED 01/25/2016. THIS NOTE IS REQUIRED BY RULE 5J-17.051(3)6..13. I.
6 4. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
BRIAN T. BELLINO, PiM DATE
FLORIDA LICENSED SURVEYOR AND MAPPER.
...-e CITY SURVEYOR MANAGER
PROFESSIONAL SURVEYOR AND MAPPER NO.4973
Alm
..-'.6. VE REVISED
ii
MIAMI BEACH APPROD TITLE:03,22,i6 OCEAN FRONT L-2
PUBLIC WORKS r..E,DEPARTMENT
'700 CONVEN11CN CENTER ca MIAMI BEAC-i,FL 33129 IRIAN T HUM,PSI: AIROSO (ATLANTIC) WAY PROJECT No.
_,7 a
SM _01 3
I: 1
Exhibit D
MIAMI BEACH
PLANNING DEPARTMENT COMMISSION MEMORANDUM
TO: Jimmy L. Morales, City Manager
FROM: Thomas R. Mooney, AICP +'L
Planning Director
DATE: April 13, 2016
SUBJECT: Analysis of Proposed Right of Way(ROW)Vacation —
i Atlantic Way between 76th Street and 77th Street
BACKGROUND
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of City-owned land be analyzed from a planning perspective so that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease. The proposal herein is to vacate Atlantic Way between 76th Street and 77th Street.
The subject right of way is 30 feet wide and contains approximately 9,000 square feet in
area. The vacation is for the purposes of improving Altos Del Mar Park. It is conditioned on
(1) the adjacent property owner issuing a Quit Claim Deed to the City of Miami Beach for all
but a portion of the-Vacated Right-of-Way, as identified in Exhibit B; and (2) the execution by
the adjacent property owner of a covenant running with the land substantiating that the
vacated property not being deeded to the City will remain free of construction containing
habitable space due to the existing FPL perpetual easement along the length of Atlantic
Way.
The following is an analysis based on the criteria delineated in Section 82-38 of the City
Code.
i I
ANALYSIS
1. Whether or not the proposed use is in keeping with city goals and objectives
and conforms to the city comprehensive plan.
Consistent—The vacation of the ROW will allow for improvements to Altos Del Mar
Park, which will better service the surrounding community and improve waterfront
access. This is consistent with the Goals, Objectives, and Policies of the City's
Comprehensive Plan, including the following:
RECREATION AND OPEN SPACE ELEMENT
GOAL:
Analysis of Proposed Right of Way(ROW) Vacation-
Atlantic Way between 76th Street and 77th Street
April 13, 2016 Page 2 of 3
Develop and Maintain a Comprehensive System of Parks and
Recreational Open Spaces to Meet the Needs of the Existing and Future
Population by Maximizing the Potential Benefits of Existing Facilities
and Open Space While Encouraging the Preservation and
Enhancement of the Natural Environment.
I �
OBJECTIVE 1: WATERFRONT PARK
Preserve beach parks and complete a program of improved park access to
water-related recreation activities and facilities.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
Consistent — No negative impacts are anticipated by the proposal. The majority
} property being vacated by the City will be deeded to the City for the purposes of
improving a public park. Additionally, the vacation is conditioned on there being no
habitable structures being constructed within the portion that is not being deeded as
a result of an FPL easement over the site. As a result no impacts to utilities or traffic
are expected by the proposal.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the city's revenue
base, creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Consistent - This proposed use is in keeping with a public purpose and community
needs and will improve the community's overall quality of life. The majority of the
ROW will be deeded back to the City and utilized to improve Altos Del Mar Park.
4. A determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
Consistent—The proposal is for the purposes of improving a public park and will not
block views or create environmental intrusions.
5. The impact on adjacent properties, whether or not there is adequate parking, i
street and infrastructure needs.
We are committed to providing excellent public service and safety to all who live,work,and plcy in our vibrant, tropical, historic communiy.
Analysis of Proposed Right of Way(ROW) Vacation—
Atlantic Way between 76th Street and 77th Street
April 13, 2016 Page 3 of 3
Consistent- The primary intent of the vacation of this ROW is intended to allow for
the improvement of Altos Del Mar Park. The park's master plan includes adequate
parking. The portion that is not being deeded back to the City will allow for the
adjacent property owner to provide off-street parking and improve access to their
site.
6. Such other issues as the city manager or his authorized designee, who shall
be the city's planning director, may deem appropriate in analysis of the
proposed disposition.
Not applicable -The Planning Department has no other issues it deems appropriate
to analyze for this proposal.
CONCLUSION
The proposed vacation of the public ROW is consistent with the Goals, Objectives, and
Policies of the Comprehensive Plan. The vacation of Atlantic Way between 76th Street and
77th Street will generate no negative impacts for the surrounding area.
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We ore committed to providing excellent public service and solely to oll who live, work,and play in our vibrant,tropical,historic community.
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Pursuant To Section 82-37(A),Of The City Code,Setting A Public Hearing To Approve
The Vacation Of Atlantic Way Between 76th Street And 77th Street,Consisting Of A 30 Foot Wide Right-Of-Way,Containing Approximately 9,000 Square Feet In Total Area,
Attached Hereto As Exhibit"A",As Shown On The Corrected Plat"Altos Del Mar No.1," Recorded In Plat Book 31 At Page 40,Of The Public Records Of Miami-Dade County,
And Lying In A Portion Of Government Lot 2,Section 2,Township 53 South,Range 42 East,City Of Miami Beach,In Favor Of The City Of Miami Beach And The Owners Of 7605
Collins Avenue;Waiving,By 5/7th Vote,The Competitive Bidding And Appraisal Requirements Pursuant To,Respectively, Sections 82-39(A)And(B)Of The City Code,Finding
That The Public Interest Would Be Served By Waiving Such Conditions;And Referring This Item To The Finance And Citywide Projects Committee,As Required By Section 82-
37(A)(1),Of The City Code.
Key Intended Outcome Supported:
Build and maintain priority infrastructure with full accountability.
Supporting Data(Surveys,Environmental Scan,etc:The 2014 Customer Satisfaction Survey indicated that over 77%of residents rated recently
completed capital improvement projects as"excellent"or"good".
Item Summary/Recommendation:
The Office of Capital Improvement Projects is proceeding with the redevelopment of Altos Del Mar Park,located on Collins Avenue between 76th and 77th Street. On
July 23`',2014, pursuant to a series of community and staff workshops, presentations and a unanimous recommendation for approval from the Neighborhood
Community Affairs Committee,the Master Plan for the park was presented to and adopted by the City Commission.Subsequently,Resolution No.2015-28958,
accepting the Neighborhood/Community Affairs Committee's recommendation to include a single-story restroom and storage building,was adopted in March of 2015.
The scope of work includes a defined entry plaza,pedestrian beach access,walkways,amphitheater type seating,open lawn area,sand volleyball courts,a designated
area for future playground, Florida native landscaping,and environmentally sensitive site lighting. The improvements in the adjacent parking lot P106 include
construction of a restroom and storage facility. This site is one of the few remaining beach front parcels within Miami Beach that is also designated park land.
Constructing these improvements at this existing,undeveloped,open space passive park will provide opportunities to offer park programs not currently available in the
neighborhood.Open lawn areas and amphitheater type seating will also provide opportunities to utilize this facility as a venue for future events. The proposed plan
adopts the master plan theme and incorporates all related amenities,as approved by the Commission.
The City holds a Right-of-Way(ROW)dedication to Atlantic Way,between 76th and 77th Street(Exhibit A),consisting of a 30 foot wide ROW,containing approximately
9,000 square feet,which is reflected in the Corrected Plat"Altos Del Mar No.1", recorded in Plat Book 31,at page 40,of the Public Records of Miami-Dade County,
and lying in a portion of Government Lot 2,Section 2,Township 53 South,Range 42 East,City of Miami Beach,and approved by the City as a ROW.
The City's Capital Improvement Projects Office reviewed the proposed architectural plans for the park with public works and the City Attorney's Office. The
architectural design(Exhibit B)includes the development of a pedestrian plaza and an amphitheater type seating wall which encroach onto the existing Right-Of-Way
(Atlantic Way). On the advice and recommendation of the City Attorney's Office,the Administration undertook the task of investigating and initiating the process to
Vacate the Atlantic Way Right-of-Way(ROW).
The City desires to improve the park and to vacate the ROW.The City owns the land surrounding Atlantic Way,except for the property located at 7605 Collins Avenue.
On January 14th,2016,representatives from the Office of Capital Improvement Projects and City Attorney's Office met on-site with the adjoining land owners(7605
Collins Ave)to review the project plans,discuss the proposed ROW vacation and finding the adjoining property owners to be in support of vacating the ROW.
The City obtained the consent of the property owners of 7605 Collins Avenue for the vacation.As a result,they would obtain title to half of the ROW fronting their
property(15'feet by 50')(Exhibit C)and the remainder,fronting City property,would remain titled with the City.
There is an existing non-exclusive utility easement along the ROW which shall remain,and shall be identified on the deeds for the property owners of 7605 Collins
Avenue and the City.The vacation of the City ROW serves a public purpose of improving the Altos del Mar Park.The property owners of 7605 Collins Avenue shall
covenant not to construct a habitable structure over the non-exclusive easement area.
Pursuant to the City's existing administrative policies and procedures to consider the vacation of City streets,alleys,and/or ROW,which also require compliance with
Article II,Sections 82-36 through 82-40 of the City Code(which establish procedures governing the sale or lease of public property),the following requirements must
be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the City Commission on two separate meeting dates,with the
second reading to be accompanied by a duly noticed public hearing,in order to obtain citizen input into the proposed vacation.
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee for its review(Note:the request for vacation
would be heard during the Finance and Citywide Projects Committee meeting of July 22,2016).
3) In order for the City Commission and the public to be fully appraised of all conditions relating to the proposed vacation,the City's Planning
Department shall prepare a written planning analysis,to be submitted to the City Commission concurrent with its consideration of the
proposed vacation.
4) The City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated(Note:this provision may be
waived by a 5/7th vote of the City Commission,finding that the public interest is served by waiving such condition).
COMPLIANCE WITH CHAPTER 82 OF THE CITY'S CODE
The City must comply with the requirements of Chapter 82-36 through 82-40,of the City Code,which requires certain actions prior to effectuating a vacation.The City
Commission is to hold two separate meeting dates,one on July 13, 2016 and the second required meeting is scheduled for September 14, 2016 and will be
accompanied with a duly noticed public hearing in order to obtain citizen input into the proposed vacation,waiving,by 5/7th vote,the competitive bidding and appraisal
requirements pursuant to,respectively, sections 82-39(a)and(b)of the City Code,finding that the public interest would be served by waiving such conditions and also
requires the review of the Finance and Citywide Projects Committee(FCWPC).Section 82-38 requires the Planning Department to prepare an analysis of the vacation
(Exhibit D).The Planning Department reviewed the six(6)criteria elements and found these criteria to have been satisfied.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Source of Funds: I I Amount Account
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Departmen r irector Assistan Q Manager City
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MIAMI B EAC H AGENDA ITEM J
DATE 141J
MAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
' TO: Mayor Philip Levine and Members of the City n ommission
FROM: Jimmy L. Morales, City Manager
DATE: July 13, 2016
SUBJECT: A RESOLUTION OF THE MA •R AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82-37(a), OF THE
CITY CODE, SETTING A PUBLIC HEARING TO APPROVE THE
VACATION OF ATLANTIC WAY BETWEEN 76TH STREET AND 77TH
STREET, CONSISTING OF A 30 FOOT WIDE RIGHT-OF-WAY,
CONTAINING APPROXIMATELY 9,000 SQUARE FEET IN TOTAL AREA,
ATTACHED HERETO AS EXHIBIT "A", AS SHOWN ON THE CORRECTED
PLAT "ALTOS DEL MAR NO. 1," RECORDED IN PLAT BOOK 31 AT
PAGE 40, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, AND
LYING IN A PORTION OF GOVERNMENT LOT 2, SECTION 2, TOWNSHIP
53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, IN FAVOR OF THE
CITY OF MIAMI BEACH AND THE OWNERS OF 7605 COLLINS AVENUE;
WAIVING, BY 517TH VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS PURSUANT TO, RESPECTIVELY, SECTIONS 82-39(a)
AND (b) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST
WOULD BE SERVED BY WAIVING SUCH CONDITIONS; AND
REFERRING THIS ITEM TO THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE, AS REQUIRED BY SECTION 82-37(a)(1), OF THE CITY
CODE.
ADMINISTRATION RECOMMENDATION
Administration recommends that the City Commission approve the Resolution.
BACKGROUND
The Office of Capital Improvement Projects is proceeding with the redevelopment of Altos Del
Mar Park, located on Collins Avenue between 76th and 77th Street.
On July 23rd, 2014, pursuant to a series of community and staff workshops, presentations and a
unanimous recommendation for approval from the Neighborhood/Community Affairs Committee,
the Master Plan for the park was presented to and adopted by the City Commission.
Subsequently, Resolution No. 2015-28958, accepting the Neighborhood/Community Affairs
Committee's recommendation to include a single-story restroom and storage building, was
adopted in March of 2015.
The scope of work includes a defined entry plaza, pedestrian beach access, walkways,
amphitheater type seating, open lawn area, sand volleyball courts, a designated area for future
playground, Florida native landscaping, and environmentally sensitive site lighting.
City Commission Memorandum—Vacation of Atlantic Way—Altos Del Mar Park
July 13, 2016
Page 2 of 3
The improvements in the adjacent parking lot P106 include construction of a restroom and
storage facility.
This site is one of the few remaining beach front parcels within Miami Beach that is also
designated park land. Constructing these improvements at this existing, undeveloped, open
space passive park will provide opportunities to offer park programs not currently available in the
neighborhood. Open lawn areas and amphitheater type seating will also provide opportunities to
utilize this facility as a venue for future events. The proposed plan adopts the master plan theme
and incorporates all related amenities, as approved by the Commission.
ANALYSIS
The City holds a Right-of-Way (ROW) dedication to Atlantic Way, between 76th and 77th Street
(Exhibit A), consisting of a 30 foot wide ROW, containing approximately 9,000 square feet, which
is reflected in the Corrected Plat "Altos Del Mar No. 1", recorded in Plat Book 31, at page 40, of
the Public Records of Miami-Dade County, and lying in a portion of Government Lot 2, Section 2,
Township 53 South, Range 42 East, City of Miami Beach, and approved by the City as a ROW.
The City's Capital Improvement Projects Office reviewed the proposed architectural plans for the
park with public works and the City Attorney's Office. The architectural design (Exhibit B) includes
the development of a pedestrian plaza and an amphitheater type seating wall which encroach
onto the existing Right-Of-Way (Atlantic Way). On the advice and recommendation of the City
Attorney's Office, the Administration undertook the task of investigating and initiating the process
to Vacate the Atlantic Way Right-of-Way(ROW).
The City desires to improve the park and to vacate the ROW. The City owns the land surrounding
Atlantic Way, except for the property located at 7605 Collins Avenue. On January 14th, 2016,
representatives from the Office of Capital Improvement Projects and City Attorney's Office met
on-site with the adjoining land owners (7605 Collins Ave) to review the project plans, discuss the
proposed ROW vacation and finding the adjoining property owners to be in support of vacating
the ROW.
The City obtained the consent of the property owners of 7605 Collins Avenue for the vacation. As
a result, they would obtain title to half of the ROW fronting their property (15' feet by 50') (Exhibit
C) and the remainder, fronting City property, would remain titled with the City.
There is an existing non-exclusive utility easement along the ROW which shall remain, and shall
be identified on the deeds for the property owners of 7605 Collins Avenue and the City. The
vacation of the City ROW serves a public purpose of improving the Altos del Mar Park. The
property owners of 7605 Collins Avenue shall covenant not to construct a habitable structure over
the non-exclusive easement area.
Pursuant to the City's existing administrative policies and procedures to consider the vacation of
City streets, alleys, and/or ROW, which also require compliance with Article II, Sections 82-36
through 82-40 of the City Code (which establish procedures governing the sale or lease of public
property), the following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the
City Commission on two separate meeting dates, with the second reading to be
accompanied by a duly noticed public hearing, in order to obtain citizen input into the
proposed vacation.
City Commission Memorandum—Vacation of Atlantic Way—Altos Del Mar Park
July 13, 2016
Page 3 of 3
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects
Committee for its review (Note: the request for vacation would be heard during the
Finance and Citywide Projects Committee meeting of July 22, 2016).
3) In order for the City Commission and the public to be fully appraised of all
conditions relating to the proposed vacation, the City's Planning Department shall
prepare a written planning analysis, to be submitted to the City Commission concurrent
with its consideration of the proposed vacation.
4) The City shall obtain an independent appraisal of the fair market value of the
property proposed to be vacated (Note: this provision may be waived by a 5/7`h vote of
the City Commission, finding that the public interest is served by waiving such
condition).
COMPLIANCE WITH CHAPTER 82 OF THE CITY'S CODE
The City must comply with the requirements of Chapter 82-36 through 82-40, of the City Code,
which requires certain actions prior to effectuating a vacation. The City Commission is to hold two
separate meeting dates, one on July 13, 2016 and the second required meeting is scheduled for
September 14, 2016 and will be accompanied with a duly noticed public hearing in order to obtain
citizen input into the proposed vacation, waiving, by 5/7th vote, the competitive bidding and
appraisal requirements pursuant to, respectively, sections 82-39(a) and (b) of the City Code,
finding that the public interest would be served by waiving such conditions and also requires the
review of the Finance and Citywide Projects Committee (FCWPC). Section 82-38 requires the
Planning Department to prepare an analysis of the vacation (Exhibit D). The Planning Department
reviewed the six (6) criteria elements and found these criteria to have been satisfied.
CONCLUSION
The Administration recommends that the City Commission approve the resolution.
Exhibit A— Legal Description and Sketch of Legal Description of ROW Vacation
Exhibit B— Proposed Altos Del Mar Park Site Plan
Exhibit C—Adjacent Properties Survey
Exhibit D — Planning Analysis of Proposed ROW Vacation
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