2016-29605 Reso RESOLUTION NO. 2016-29605
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND
AND FINAL READING OF THIS RESOLUTION AND FOLLOWING A
DULY NOTICED PUBLIC HEARING, PURSUANT TO SECTION 82-
37(A), OF THE CITY CODE, 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; AND CONDITIONING THE VACATION ON THE
OWNERS OF 7605 COLLINS AVENUE'S EXECUTION OF A
COVENANT RUNNING WITH THE LAND THAT THE VACATED
PROPERTY IDENTIFIED IN EXHIBIT "A" NOT BE CONSTRUCTED
WITH HABITABLE SPACE DUE TO THE EXISTING NON-
EXCLUSIVE PERPETUAL EASEMENT ALONG THE LENGTH OF
THE VACATED AREA.
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;
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
517th vote of the City Commission, finding that the public interest is served by
waiving such condition); and
WHEREAS, at the July 13, 2016 City Commission Meeting, the City Commission
waived 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, the Planning Department produced the Planning Analysis on April
13, 2016 and determined that the six (6) criteria elements have been satisfied; 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 City Commission also, on
July 13, 2016, waived this requirement, by 517th vote finding, in this case and due to the
nature of the law pertaining to the vacation of right-of-way, that the public interest is best
served by waving such conditions; and
WHEREAS, on July 13, 2016, the Mayor and City Commission approved the
proposes vacation on first reading; and set the second reading/public hearing; waived
the 517th vote, the competitive bidding and appraisal requirements and referred the
matter to the Finance and Citywide Projects Committee; and
WHEREAS, the Finance and Citywide Projects Committee heard this item at
their September 30, 2016 meeting and recommended vacating the existing right-of-way.
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 of the City of Miami Beach, Florida, approve, on second and final reading of
this resolution and following a duly noticed public hearing, pursuant to section 82-37(a),
of the City Code, 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; and conditioning the vacation on the owners of 7605 Collins Avenue's
execution of a covenant running with the land that the vacated property identified in
exhibit "A" not be constructed with habitable space due to the existing non-exclusive
perpetual easement along the length of the vacated area.
PASSED and ADOPTED this /9 day of OC7a6e , 2016.
Al/1111:-/
PHI 'P LE ` �, MAYOR
ATTEST:
/ ... .,'A I • APPROVED AS TO
RAFAEL E. GRANAD(, CI f RK �. FORM & LANGUAGE• &FOR rECUTION
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:INCO
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City Attorney Dote
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Resolutions - R7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 19, 2016
2:15 p.m. Public Hearing
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON SECOND AND FINAL READING OF
THIS RESOLUTION AND FOLLOWING A DULY NOTICED PUBLIC HEARING,
PURSUANT TO SECTION 82-37(A), OF THE CITY CODE, 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;
AND CONDITIONING THE VACATION ON THE OWNERS OF 7605 COLLINS
AVENUE'S EXECUTION OF A COVENANT RUNNING WITH THE LAND THAT
THE VACATED PROPERTY IDENTIFIED IN EXHIBIT "A" NOT BE
CONSTRUCTED WITH HABITABLE SPACE DUE TO THE EXISTING NON-
EXCLUSIVE PERPETUAL EASEMENT ALONG THE LENGTH OF THE VACATED
AREA.
RECOMMENDATION
The Administration recommends that the City Commission approve the Resolution.
ANALYSIS
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.
Page 1089 of 1614
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
Page 1090 of 1614
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.
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).
The Finance and Citywide Projects Committee heard this item at their September 30, 2016
meeting and recommended vacating the existing right-of-way
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 October 19, 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 adopting the resolution.
KEY INTENDED OUTCOMES SUPPORTED
Build And Maintain Priority Infrastructure With Full Accountability
Legislative Tracking
Capital Improvement Projects
Page 1091 of 1614
ATTACHMENTS:
Description
❑ Resolution
❑ Exhibit A- Legal Description
❑ Exhibit B - Site Plan
❑ Exhibit C -Adjacent Properties Survey
❑ Exhibit D - Planning Analysis
Page 1092 of 1614
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BRIAN T. KUNO DATE
CITY SURVEYOR MANAGER
PROFESSIONAL SURVEYOR AND MAPPER N0,4973
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i BRIAN T. BELLINO, PSM
DATE
CITY SURVEYOR MANAGER
PROFESSIONAL SURVEYOR AND MAPPER NO.4973 •
TRLE:
MIAMI BE AC,H APPROVED REVISED
03/22/1 6 OCEAN FRONT L-1
. PUBLIC WORKS DEPARTMENT P ' 1I99 X1116S0 (ATLANTIC) WAY PROJECT No.
I no CONVENTION CENTER ORME.MIAMI BEACH,Fl.33139
BRIAN T BELUNO,PSM SM-2016E3
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L074 Q U LOT (P) PLAT DIMENSION
BLOCK 10 1 'c BLOCK 7 (S) SURVEY DIMENSION
•
•
SURVEY BY OTHERS
(SEE NOTE NO.3)
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' BLOCK 7
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CORRECTED PLAT ALTOS DEL MAR No.1 P y BLOCK 7
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BOUGAINVILLEA(76TH)STREET
3 —
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Z
SKETCH OF DESCRIPTION
°o SCALE:1"=60' (8.5"X11" SHEET)
I SURVEYOR'S NOTES:
I 1. THE SKETCH IS NOT A SURVEY. THIS NOTE IS REQUIRED BY RULE 5J-17.053(5)(b) FAC.
2. BEARING SHOWN HEREON ARE BASE UPON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE NAD
a 1983/90, REFERENCED TO THE NORTHERLY RIGHT-OF-WAY LINE OF BOUGAINVILLEA (76TH) STREET WHICH THE SKETCH OF DESCRIPTION (SHEET L-2)
/ BEARS 58708.11"W. IS NOT FULL AND COMPLETE WITHOUT THE
0 3. THE LEGAL DESCRIPTION AND SKETCH OF WAS PREPARED BY THE SIGNING SURVEYOR. HOWEVER THIS LEGAL DESCRIPTION (SHEET L-1)
SKETCH WAS INTEGRATED WITH MAPPED FEATURES SURVEYED BY OTHERS. MAP OF BOUNDARY SURVEY AND
5. TOPOGRAPHIC SURVEY. PREPARED FOR THE CITY OF MIAMI BEACH, PREFORMED BY JOSE SENAS, PSM#5938
LONGITUDE SURVEYORS, LLC., W 48th STREET, SUITE 310 DORM., FLORIDA 33166 PHONE:(305)463-0912 WITH ^""�
0 SURVEYORS AUTHORIZATION OF USE DATED 01/25/2016. THIS NOTE IS REQUIRED BY RULE 5J-17.051(3)6.,13. e
4. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED,SEAL OF A �'ZZ
FLORIDA LICENSED SURVEYOR AND MAPPER, BRIAN T. BELLING, PSM DATE
CITY SURVEYOR MANAGER
PROFESSIONAL SURVEYOR AND MAPPER NO.4973
APPROVED REVISED •TI APPROVED MIAMI (BEACH 03/22/16 OCEAN FRONT I L-2
¢ PUBLIC WORKS DEPARTMENT ' Pagt 1 I00 O l b PROJECT No.
1700 CONVENTION CENTER DRIVE,MIAMI BEACH,FL.33139 BRIAN T BELLING,PS4 S O (ATLANTIC) WAY
• SM-20168
■
MAMI BEAC
PLANNING DEPARTMENT COMMISSION MEMORANDUM
TO: Jimmy L. Morales, City Manager
FROM: Thomas R. Mooney, AICP 1 (
Planning Director
DATE: April 13, 2016
SUBJECT: Analysis of Proposed Right of Way (ROW) Vacation —
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 771h 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.
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:
•
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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.
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,
street and infrastructure needs.
We are committed to providing excellent public service and safety to all who live, work,and ploy in our vibront, tropical, historic community.
Page 1102 of 1614
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.
•
TRM/RAM
T:WGENDA12016\April\Planning\Altos Del Mar Atlantic Way Vacation Analysis.docx
We are committed to providing excellent public service and safety to all who live work, and play in our vibrant, tropical,historic community.
Page 1103 of 1614