Resolution 2018-30321 RESOLUTION NO. 2018-30321
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, TO RESCIND CITY RESOLUTION NO. 2015-
28920, WHICH WOULD RESCIND THE CITY
COMMISSION ACTION VACATING THE RIGHT OF WAY
KNOWN AS LIBERTY AVENUE (PALM AVENUE)
BETWEEN 22ND STREET (OCEAN AVENUE) AND 23ND
STREET(ATLANTIC AVENUE), WHICH IS A 50 FOOT IN
WIDTH RIGHT-OF-WAY, CONTAINING
APPROXIMATELY 12,500 SQUARE FEET IN TOTAL
AREA, AS SHOWN ON THE PLAT OF AMENDED MAP OF
THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, RECORDED IN PLAT BOOK
5 AT PAGE 7, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY.
WHEREAS, the City of Miami Beach holds a right-of-way dedication to a
street and sidewalks along Liberty Avenue (Palm Avenue) between 22nd Street
(Ocean Avenue) and 23rd Street (Atlantic Avenue), of a 50 foot in width right-of-
way, consisting of 12,500 feet, as set forth in the sketch attached as Exhibit "A"
hereto, recorded in the plat of the "Amended Map of the Ocean Front Property of
the Miami Beach Improvement Company" (City Right-of-Way or "City ROW");
and
WHEREAS, the City of Miami Beach is the owner of the adjacent
properties to the City ROW, which properties bear the following addresses: 227
22"d Street, 340 23rd Street, 2200 Liberty Avenue, 224 23 Street, 245 22nd
Street, 211 22nd Street; and
WHEREAS, the City adopted Resolution No. 2012-27869 authorizing the
construction of the five-story parking garage with first floor retail, to be known as
the "Collins Park Garage" between Liberty Avenue and Park Avenue along 23rd
Street, utilizing the design by the renowned architect Zaha Hadid, which design
intruded into the right-of-way along the first floor; and
WHEREAS, without vacating the right-of-way, the City could not complete
construction of the parking garage, as the Building Official could not issue
permits for habitable construction within a right-of-way; and,
WHEREAS, on February 11, 2011, pursuant to Resolution No. 2015-
28920, the City Commission authorized the vacation of Liberty Avenue in order to
realize the Zaha Hadid design; and
WHEREAS, ultimately the City abandoned said design due to cost of
construction, and issued a new Request for Proposal for a parking garage to be
constructed within the property boundaries, and not within Liberty Avenue; and
WHEREAS, although the City had vacated Liberty Avenue there were
outstanding issues due to a number of utilities that need to remain in their current
location, within the City ROW; and
WHEREAS, the City has not recorded the vacation of Liberty Avenue, and
due to the design change the City no longer requires said vacation, and would
rather continue to utilize and recognize Liberty Avenue as a public right-of-way,
particularly for utility access purposes; and
WHEREAS, as the City owns the land on either side of Liberty Avenue,
the City of Miami Beach is the only affected party (vacated right-of—way requires
title to vest in the adjacent property owners along the centerline of the road and
the only property owner along Liberty Avenue is the City); and
WHEREAS, the Mayor and City Commission seek to rescind the vacation
of Liberty Avenue.
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 hereby rescind City Resolution No. 2015-28920, in
which the City Commission vacated the right of way known as Liberty Avenue
(Palm Avenue) between 22nd Street (Ocean Avenue) and 23rd street (Atlantic
Avenue), which is a 50 foot in width right-of-way, containing approximately
12,500 square feet in total area, as shown on the plat of amended map of the
Ocean Front Property of the Miami Beach Improvement Company, recorded in
Plat Book 5 at Page 7, of the public records of Miami-Dade County.
PASSED AND ADOPTED this 6th day of June, 2018.
ATTEST: ��
-- sari:Gelb 7, Mayor
J'��\ Bt: C
vN. 2c 2 ,(i.�. P `Y�^,
Raf el l G. Granado, City Clerk 1 ,: - *A,'.1. APM APPROVED
AS TO E
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F:ATTOIBOUERESOLUTIONS\Rescinding Vacate LibertyAvero t h416)-31/
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Exhibit A
AREA NOT TO BE VACATED:
LIBERTY AVENUE (PALM AVENUE) RIGHT-OF-WAY BETWEEN 22ND STREET
(OCEAN AVENUE) AND 23RD STREET(ATLANTIC AVENUE):
BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE
LABELED ON THE PLAT AS "PALM AVENUE" ACCORDING TO THE PLAT OF
"AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY" AS RECORDED IN PLAT BOOK 5, PAGE 7, OF THE
PUBLIC RECORDS OF DADE COUNTY , FLORIDA SAID RIGHT OF WAY BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON
THE EAST BY THE WESTERLY LINE OF BLOCK 2;
BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 2;
BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF BLOCK 2.
CONTAINING 12,500 SQUARE FEET MORE OR LESS.
Resolutions - C7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 6, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, TO RESCIND CITY RESOLUTION NO. 2015-28920,
WHICH WOULD RESCIND THE CITY COMMISSION ACTION VACATING THE
RIGHT OF WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE) BETWEEN 22ND
STREET (OCEAN AVENUE)AND 23RD STREET (ATLANTIC AVENUE), WHICH IS
A 50 FOOT IN WIDTH RIGHT-OF-WAY, CONTAINING APPROXIMATELY 12,500
SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE PLAT OF AMENDED MAP
OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT
COMPANY, RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF THE CITY OF MIAMI
BEACH.
RECOMMENDATION
The Administration recommends the approval of the resolution.
ANALYSIS
On May 3, 2012, the City of Miami Beach entered into an architectural design contract with premier
architect Zaha Hadid Limited and Berenblum Busch Architecture Inc., for these firms to design the
proposed Collins Park Garage. The City owns the properties upon which the garage was proposed
to be built, Block 2 of the Amended Map of the Ocean Front Property of the Miami Beach
Improvement Company (Plat Book 5, Page 7); and Block 1 of the Amended Map of the Ocean Front
Property of the Miami Beach Improvement Company(Plat Book 5, Page 7).
The City of Miami Beach holds a right-of-way dedication to a street and sidewalk along Liberty
Avenue between 22nd Street and 23rd Street. The 50 foot wide right-of-way, is comprised of 12,500
square feet more or less, that is described in more detail in the attached Legal Description and
Sketch (Attachment A).
The architectural design included the development of a pedestrian plaza within Liberty Avenue
between 22nd Street and 23rd Street. The proposed parking garage structure at that time
encroached into Liberty Avenue and the air rights above Liberty Avenue were being utilized by said
proposed parking garage to cross over from Block 1 onto Block 2. At that time, in order for the
proposed parking garage structure to obtain a building permit, the right-of-way needed to be vacated.
Liberty Avenue between 22nd and 23rd was being contemplated to be a pedestrian public plaza, with
no vehicular access.
On February 11, 2015 pursuant to Resolution No. 2015-28920 (Attachment B), the City Commission
authorized the vacation of the Liberty Avenue right-of way to allow the Zaha Hadid Design which
Page 455 of 1103
occupied the right-of-way space to move forward. Ultimately the City abandoned said design due to
the cost of construction, and issued a new Request for Proposal for a parking garage to be
constructed within the property boundaries, and not within Liberty Avenue.
On September 25, 2017, the City Commission adopted Resolution No. 2017-30021, approving a new
design build contract to KVC Constructors, Inc. (KVC) for the Collins Park Garage. The new KVC
design does not encroach into the City's right-of-way and therefore does not require the vacation.
The City has not recorded the vacation of Liberty Avenue, and no longer requires the vacation.
Liberty Avenue has numerous utilities that will remain in place, it is more pragmatic to continue to
utilize and recognize Liberty Avenue between 22nd and 23rd Street as a public right-of-way,
particularly for utility access purposes. The City will have the option to close the Street or portion
thereof to be utilized as a pedestrian plaza as necessary and to fulfill the current design for the
Collins Park Parking Garage.
The Mayor and City Commission seek to rescind the vacation of Liberty Avenue, and as the City of
Miami Beach owns the land on either side of the right-of-way of Liberty Avenue, the City of Miami
Beach is the only affected party (vacated right-of—way requires title to vest in the adjacent property
owners along the centerline of the road and the only property owner along Liberty Avenue is the
City).
CONCLUSION
The Administration recommends the approval of the resolution.
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
o Resolution and Attachment
o Attachment A- Legal Description
o Attachment B - Resolution No. 2015-28920
Page 456 of 1103
Exhibit A
AREA NOT TO BE VACATED:
LIBERTY AVENUE (PALM AVENUE) RIGHT-OF-WAY BETWEEN 22ND STREET
(OCEAN AVENUE)AND 23R0 STREET(ATLANTIC AVENUE):
BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE
LABELED ON THE PLAT AS "PALM AVENUE" ACCORDING TO THE PLAT OF
"AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY" AS RECORDED IN PLAT BOOK 5, PAGE 7, OF THE
PUBLIC RECORDS OF DADE COUNTY , FLORIDA SAID RIGHT OF WAY BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON
THE EAST BY THE WESTERLY LINE OF BLOCK 2;
BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 2;
BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF BLOCK 2.
CONTAINING 12,500 SQUARE FEET MORE OR LESS.
Page 459 of 1103
RESOLUTION NO. 2015-28920
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015
MEETING, TO APPROVE THE VACATION OF THE RIGHT OF
WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE
BETWEEN 22ND STREET (OCEAN AVENUE) AND 23R
STREET(ATLANTIC AVENUE), WHICH IS A 50 FOOT IN
WIDTH RIGHT-OF-WAY, CONTAINING APPROXIMATELY
12,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE
PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY
OF THE MIAMI BEACH IMPROVEMENT COMPANY,
RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF THE CITY
OF MIAMI BEACH, (THE APPLICANT); WAIVING BY 5171H
VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS PURSUANT TO SECTION 82-39(A) AND (B)
OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST
WOULD BE SERVED BY WAIVING SUCH CONDITIONS.
WHEREAS, the City of Miami Beach holds a right-of-way dedication to a street
and sidewalks along Liberty Avenue (Palm Avenue) between 225d Street (Ocean
Avenue) and 23rd Street (Atlantic Avenue), of a 50 foot in width right-of-way, consisting
of 12,500 feet, as set forth in the sketch attached as Exhibit "A" hereto, recorded in the
plat of the "Amended Map of the Ocean Front Property of the Miami Beach Improvement
Company" ('City Right-of-Way or"City ROW"); and
WHEREAS, the City of Miami Beach is the owner of the adjacent properties to
the City ROW, which properties bear the following addresses: 227 22"d Street, 340 23'd
Street, 2200 Liberty Avenue, 224 23 Street, 245 22"d Street, 211 22"d Street; and
WHEREAS, the City adopted Resolution No. 2012-27869 authorizing the
construction of the five story parking garage with first floor retail, to be known as the
"Collins Park Garage" on 22"d Street and 23'd Street, abutting Liberty Avenue; and,
WHEREAS, on November 20, 2012, the Historic Preservation Board approved
File No.: 7329, authorizing a Certificate of Appropriateness for the Collins Park Garage"
and associated pedestrian plaza for Liberty Avenue; and
WHEREAS, renowned architect Zaha Hadid has designed the Collins Park
Garage, which garage structure encroaches into Liberty Avenue, along the first floor in
order to provide pedestrian access to the proposed first floor commercial units, and
WHEREAS, the air rights over Liberty Avenue are proposed to be used to extend
the parking garage structure across Liberty Avenue;
Page 460 of 1103
WHEREAS, the City plans to create a pedestrian plaza within the area to be
vacated, and use some of the area towards the Collins Park Garage; and
WHEREAS, during the February 2, 2015 Finance and Citywide Projects
Committee meeting, the Committee supported the vacation, due to pedestrian safety
concerns, the desire to create a pedestrian plaza, and to ensure the complete
construction of the parking garage; and
WHEREAS, without vacating the right-of-way, the City cannot complete
construction of the parking garage, as the Building Official cannot issue permits for
habitable construction within a right-of-way; and,
WHEREAS, upon vacation of the City right-of-way, the City will record a unity of
title for all the properties, and join the properties in ownership, thus ensuring that the
properties are tied to a Unified Development Site, consistent with the City's land
development regulations, and
WHEREAS, the proposed parking garage structure should have a building
permit, however, in order to obtain a building permit, the structure cannot encroach on
the right-of-way, and would need to be re-designed, or the right-of-way needs to be
vacated; and
WHEREAS, as Liberty Avenue has been contemplated to be a pedestrian public
plaza, with no vehicles, and as the City owns all the parcels adjacent to Liberty Avenue
between 22nd and 23`° Streets [the City owns lots 1-10 on Block 1 and owns lots 7, 9, 11,
4, 6, 8, 10 and 12 of Block 21, should Liberty Avenue be vacated, title to the vacated
right-of-way would transfer to the adjacent property owners, which would be the City of
Miami Beach; 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, in
addition to the previously mentioned application, prior to considering a request for
vacation, 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 ("Committee") for its review (the item was heard during the
Finance and Citywide Projects Committee meeting of February 2, 2015, and
which Committee recommended to the City Commission to proceed with the
vacation);
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,
Page 461 of 1103
4) The City shall obtain an independent appraisal of the fair market value of
the property proposed to be vacated, which shall include a definition of the
property based on the proposed and possible issues, including, without limitation,
the highest and best use of the property by the Applicant (this provision to be
waived by the City Commission); and,
WHEREAS, although the City's procedures for the lease of sale or sale of public
property also require an advertised public bidding process, and an appraisal, the
requirements may be waived by 517th vote; 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 require for
appraisal, finding that the public interest is served by waiving such conditions.
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 hereby accept the recommendation of the Finance and Citywide Projects
Committee at its February 2, 2015 meeting, to approve the vacation of the right of way
known as Liberty Avenue (Palm Avenue) between 22nd Street (Ocean Avenue) and 23'd
Street (Atlantic Avenue), which is a 50 foot in width right-of-way, containing
• approximately 12,500 square feet in total area, as shown on the Plat of Amended Map of
the Ocean Front Property of the Miami Beach Improvement Company, recorded in Plat
Book 5 at Page 7, of the public records of Miami-Dade County, in favor of the City of
Miami Beach, (the applicant); waiving by 5/791 vote, the competitive bidding and
appraisal requirements pursuant to Section 82-39(a) and (b) of the City Code, finding
that the public interest would be served by waiving such conditions.
PASSED and ADOPTED this /) day of Fekinrtar e , 2015.
ATTEST: ' • /i
•
s
Ir n, FATED III. f(irayor
e > _ ,cr<T!
2 / i; >
Rafael G. Granada, CiIClerk ' APPROVED AS TO
FORM & LANGUAGE
&FO EXECUTION
4-6
City AIIorney Dote
F:WTTO\BOUE\Collins Park Parking Garage\Collins Avenue Parking Garage\First Reading Vacate Libery
Avenue ROW REVISED TITLE 1-20-15-Rev-CIP.doc
Page 462 of 1103
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Finance And Citywide Projects Committee At Its February 2, 2015 Meeting, To Approve
The Vacation Of The Right Of Way Known As Liberty Avenue(Palm Avenue)Between 22nd Street(Ocean Avenue)
And 23rd Street (Atlantic Avenue), Which Is A 50 Foot In Width Right-Of-Way, Containing Approximately 12,500
Square Feet In Total Area, As Shown On The Plat Of Amended Map Of The Ocean Front Property Of The Miami
Beach Improvement Company, Recorded In Plat Book 5 At Page 7, Of The Public Records Of Miami-Dade County,
In Favor Of The City Of Miami Beach, (The Applicant); Waiving By 5/7th Vote, The Competitive Bidding And
Appraisal Requirements Pursuant To Section 82-39(A)And(B)Of The City Code, Finding That The Public Interest
Would Be Served By Waiving Such Conditions.
Key Intended Outcome Supported:
Build and maintain priority infrastructure with full accountability.
Supporting Data(Surveys,Environmental Scan,etc.): N/A
Item SummaryfRecommendation:
On May 3, 2012, the City of Miami Beach entered into an architectural design contract with premier architect Zaha
Hadid Limited and Berenblum Busch Architecture Inc., for these firms to design the proposed Collins Park Garage.
The Garage has been designed with retail on the first floor,and upper levels with public parking spaces. The City
owns the properties upon which the garage will be built, including lots 7, 9,and 11 of Block 2 of the Amended Map
of the Ocean Front Property of the Miami Beach Improvement Company(Plat Book 5, Page 7);and Lots 1, 3, 5, 7
and 9 of Block t of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company(Plat
Book 5, Page 7). Between blocks 1 and 2 is Liberty Avenue, a 50 foot wide public right-of-way consisting of
approximately 12,500 square feet, see attached Property Legal Description and Sketch (Exhibit A) and Adjacent
Properties Survey(Exhibit B).
The City's Capital Improvement Projects Office reviewed the proposed architectural plans with planning, public
works, the fire department, and the building department. The architectural design includes the development of a
pedestrian plaza within Liberty Avenue between 22nd Street and 231° Street. The parking garage structure also
encroaches into Liberty Avenue and the air rights above Liberty Avenue are being utilized by the parking structure
to cross over from Block 1 onto Block 2,see Proposed Collins Park Place Ground Floor Plan(Exhibit C). In order for
the proposed parking garage structure be able to obtain a building permit, the right-of-way needs to be vacated.As
Liberty Avenue has been contemplated to be a pedestrian public plaza, with no vehicular access, and as the City
owns all the parcels adjacent to Liberty Avenue between 22nd and 231° Streets(the City owns lots 1-10 on Block 1
and owns lots 7, 9, 11,4,6,8, 10 and 12 of Block 2),should Liberty Avenue be vacated,title to the vacated right-of-
way would transfer to the adjacent property owners, which would be the City of Miami Beach, therefore there would
be no financial impact to the City.Also, utility easements will be granted,as required.
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 of
which, scheduled for February 11, 2015, is to be accompanied with a duly noticed public hearing in order to obtain
citizen input into the proposed vacation, and also requires the review of the Finance and Citywide Projects
Committee(FCWPC),which item was heard during the FCWPC meeting of February 2,2015,and which Committee
recommended to the City Commission to proceed with the vacation. Section 82-38 requires the Planning
Department to prepare an analysis of the vacation. The Planning Department prepared the analysis of the vacation
(Exhibit D) on February 11, 2015. The Planning Department reviewed the six (6) criteria elements for vacating
Liberty Avenue and found these criteria to have been satisfied. The second required meeting is scheduled for
March 11.2015.
The Administration recommends approval of the resolution.
Advisory Board Recommendation:
Financial Amount Account
Information:
OBPI Total
Financial Impact Summary: N/A -
City Clerk's Office Legislative Tracking:
David Martinez,Ext.6972
Sign-Offs:
Depart -nt • rector Assis-:nt 17. •_pager 1 City anager
--- DM Si JLM
T*AGENDA120151Feary1 %Liberty Avenue-ROW VacalionMrs • SI., ' ITEM SUMMARYdocx /
MIAMIBEACH Page 463 of 1103 AGENDA ITEM
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1915 • 2015
\AIA,\ BEACH
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members i0 the City mmission
FROM: Jimmy L. Morales, City Manager 1
DATE: February 11, 2015 �'
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING HE RECOMMENDATION OF THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015 MEETING, TO
APPROVE THE VACATION OF THE RIGHT OF WAY KNOWN AS LIBERTY AVENUE
(PALM AVENUE) BETWEEN 22ND STREET (OCEAN AVENUE) AND 23RD STREET
(ATLANTIC AVENUE),WHICH ISA 50 FOOT IN WIDTH RIGHT-OF-WAY,CONTAINING
APPROXIMATELY 12,500 SQUARE FEET IN TOTAL AREA,AS SHOWN ON THE PLAT
OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF THE CITY OF MIAMI
BEACH, (THE APPLICANT); WAIVING BY 5/7TH VOTE,THE COMPETITIVE BIDDING
AND APPRAISAL REQUIREMENTS PURSUANT TO SECTION 82-39(A) AND (B) OF
THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY
WAIVING SUCH CONDITIONS.
BACKGROUND
On May 3, 2012, the City of Miami Beach entered into an architectural design contract with premier
architect Zaha Hadid Limited and Berenblum Busch Architecture Inc., for these firms to design the
proposed Collins Park Garage. The Garage has been designed with retail on the first floor,and upper
levels with public parking spaces. The City owns the properties upon which the garage will be built,
including lots 7, 9, and 11 of Block 2 of the Amended Map of the Ocean Front Property of the Miami
Beach Improvement Company (Plat Book 5, Page 7); and Lots 1, 3, 5, 7 and 9 of Block 1 of the
Amended Map of the Ocean Front Property of the Miami Beach Improvement Company(Plat Book 5,
Page 7). Between blocks 1 and 2 is Liberty Avenue, a 50 foot wide public right-of-way consisting of
approximately 12.500 square feet,see attached Property Legal Description and Sketch(Exhibit A)and
Adjacent Properties Survey(Exhibit B).
ANALYSIS
The City's Capital Improvement Projects Office reviewed the proposed architectural plans with
planning, public works, the fire department, and the building department. The architectural design
includes the development of a pedestrian plaza within Liberty Avenue between 22nd Street and 23`d
Street. The parking garage structure also encroaches into Liberty Avenue and the air rights above
Liberty Avenue are being utilized by the parking structure to cross over from Block 1 onto Block 2,see
Proposed Collins Park Place Ground Floor Plan(Exhibit C). In order for the proposed parking garage
structure be able to obtain a building permit, the right-of-way needs to be vacated. As Liberty Avenue
has been contemplated to be a pedestrian public plaza,with no vehicular access,and as the City owns
all the parcels adjacent to Liberty Avenue between 22"d and 23`d Streets(the City owns lots 1-10 on
Block 1 and owns lots 7,9, 11,4,6,8, 10 and 12 of Block 2),should Liberty Avenue be vacated,title to
the vacated right-of-way would transfer to the adjacent property owners, which would be the City of
Page 464 of 1103
Commission Memorandum —Vacation of Liberty Avenue
February 11, 2015
Page 2 of 2
Miami Beach, therefore there would be no financial impact to the City. Also, utility easements will be
granted, as required.
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 of which, scheduled for February 11, 2015, is to be accompanied with a duly
noticed public hearing in order to obtain citizen input into the proposed vacation,and also requires the
review of the Finance and Citywide Projects Committee (FCWPC), which item was heard during the
FCWPC meeting of February2, 2015,and which Committee recommended to the City Commission to
proceed with the vacation. Section 82-38 requires the Planning Department to prepare an analysis of
the vacation. The Planning Department prepared the analysis of the vacation (Exhibit D)on February
11, 2015. The Planning Department reviewed the six(6)criteria elements for vacating Liberty Avenue
and found these criteria to have been satisfied. The second required meeting is scheduled for March
11, 2015.
CONCLUSION
The Administration recommends the approval of a resolution accepting the recommendation of the
Finance and Citywide Projects Committee at its February 2, 2015 meeting, to approve the vacation of
the right of way known as Liberty Avenue(Palm Avenue)between 22nd Street(Ocean Avenue)and 23rd
Street (Atlantic Avenue), which is a 50 foot in width right-of-way, containing approximately 12,500
square feet in total area, as shown on the plat of amended map of the Ocean Front Property of the
Miami Beach Improvement Company, recorded in Plat Book 5 at Page 7, of the Public Records of
Miami-Dade County, in favor of the City of Miami Beach, (The Applicant); waiving by 5/7th vote, the
competitive bidding and appraisal requirements pursuant to Section 82-39(a)and(b)of the City Code,
finding that the Public Interest would be served by waiving such conditions.
Exhibit A— Legal Description and Sketch of Legal Description of ROW Vacation
Exhibit B —Adjacent Properties Survey
Exhibit C—Proposed Collins Park Place Ground Floor Plan
Exhibit D—Planning Analysis of Proposed ROW Vacation
JLM/MT/DM
We are commmed ro providing excellent public service and miry to all who love, work,and play in our vibrant,tropical,historic commonly
Page 465 of 1103
Exhibit A
AREA TO BE VACATED:
LIBERTY AVENUE (PALM AVENUE) RIGHT-OF-WAY BETWEEN 22"D STREET
(OCEAN AVENUE) AND 23RD STREET(ATLANTIC AVENUE):
BEING A R IGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE
LABELED ON THE PLAT AS " PALM AVENUE" ACCORDING TO THE PLAT OF
"AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY" AS RECORDED IN PLAT BOOK 5, PAGE 7. OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID RIGHT OF WAY BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON
THE EAST BY THE WESTERLY LINE OF BLOCK 2;
BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 2;
BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF BLOCK 2.
CONTAINING 12,500 SQUARE FEET MORE OR LESS.
•
Page 466 of 1103 •
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k`4`" Y„ o)�H SURVEYOR'S NOTES.
'°m) � fo),o 1 THIS IS NOT A SURVEY.
J ' 2. THIS SKETCH OF DESCRIPTION IS
NOT VALID WITHOUT THE SIGNATURE
\ Y RAa ' 70r AND THE ORIGINAL RAISED SEAL OF
/�"Rm,�aKR /'`^a/v Y A FLORIDA LICENSED SURVEYOR
D'BBB RT ''"o o AND MAPPER.
SKETCH OF LEGAL DESCRIPTION
SCALE' 11=60'
LEGAL DESCRIPTION:
BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE LABELED ON THE PLAT AS PALM AVENUE ACCORDING TO
THE PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY''AS RECORDED
IN PLAT BOOK S,PAGE),OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1;
BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2.
BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2;
BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2.
CONTAINING 12,500 SQUARE FEET MORE OR LESS.
LEGEND & ABBREVIATIONS:
ORB. OFFICIAL RECORD BOOK DB. DEED BOOK `17c I ,
(C) CALCULATED DIMENSION TVP. TYPICAL --"`+�-"" 12I'I'14
NTS NOT TO SCALE PG. PAGE BRIAN T. BEWNO DATE
CITY SURVEYOR
(P) PLAT DIMENSION DCR DADE COUNTY RECORDS STATE OF FLORIDA
R/1//W RIGHT-OF-WAY PB. PLAT BOOK c°7:::: =E.: PROFESSIONAL SURVEYOR AND MAPPER NO.4973
eP �IAMII BEACH aHE« REVISED ERIELIBERTY AVENUE,22ND TO 23RD STREET SM-2014M
PUBLIC WORKS DEPARTMENT SCALE AS SHDV S.
EET-
nap me.� „.. a
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Page 2 69 of
Exhibit D
MIAMI BEACH
PLANNING DEPARTMENT COMMISSION MEMORANDUM
TO: Jimmy L. Morales, City Manager
FROM. Thomas R. Mooney, AICP
Planning Director •
UUU
DATE. February 11, 2015 •
SUBJECT. Analysis of Proposed Right of Way(ROW)Vacation—
Liberty Avenue between 22n° Street and 23r'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 Liberty Avenue (Palm Avenue) between 220° Street (Ocean
Avenue) and 23i0 Street (Atlantic Avenue). The right of way is 50 feet wide and contains
approximately 12,500 square feet in area. It will be utilized for the construction of a main
use parking garage which will be owned by the City. The ground level of the garage will
include a public plaza, as well as enclosed retail spaces, which may be leased or sold to
tenants. The following is an analysis based on the criteria delineated in the 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 the construction of a City-
owned public parking garage with retail on the first floor to service the surrounding
•
•
community. This is consistent with Goals, Objectives, and Policies of the City's
Comprehensive Plan, including:
OBJECTIVE 8:PARKING
The City shall provide clean, safe, and affordable parking, by continuing to
explore and implement creative and technologically advanced methods of
parking provision and management to satisfy the need.
•
•
•
Policy 8.1: Continued Development of Parking
The City shall continue with the acquisition, construction and improvements
to municipal parking facilities as maybe needed
Policy 8.2: Public Private Partnerships
The City shall continue to seek public-private partnerships in the development
Page 470 of 1103
Analysis of Proposed Right of Way(ROW) Vacation-
Liberty Avenue between 22nd Street and 23rd Street
February 11, 2015 Page 2 of 3
of its parking facilities and intermodal centers.
Policy 8.4: Context Sensitive Parking Development
Off-street parking areas shall be located and designed in a manner that
supports and does not conflict with pedestrian and bicycle activity, such as to
the side or rear of buildings.
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 property
being vacated by the City is for the purpose of developing a main use parking garage
to service a neighborhood that has a lack of public parking. The project is located in
the Museum Historic District, where the 'contributing' historic structures lack a
parking requirement. The proposal will include a pedestrian passage through Liberty
Avenue, which ensures that connectivity for pedestrians will not be negatively
•
impacted by the project. The proposal will include ground level retail which will
ensure that garage is compatible with and services the surrounding neighborhood.
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 ROW will be
utilized for a main use parking garage that will be owned by the City in an area where
it is needed. It will include ground level retail, which will create additional jobs.
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 development will keep with the surrounding neighborhood and will
not significantly block views or create environmental intrusions. The project is being
designed by world renowned firms and will be undergoing a design review process
that is required of such developments.
•
•
5. The impact on adjacent properties, whether or not there is adequate parking,
wa am canmined b p,oviong arceileni pubic servce and safely oil who live, work and ploy n,our whim,Iropcal Knaic canmumry •.
Page 471 of 1103
Analysis of Proposed Right of Way(ROW) Vacation—
Liberty Avenue between 22nd Street and 23"r Street
February 11, 2015 Page 3 of 3
street and infrastructure needs.
Consistent—The primary intent of the vacation of this ROW is intended to address
the parking, street, and infrastructure needs of adjacent properties.
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
Vacation of the public ROW is consistent with the Goals, Objectives, and Policies of the
Comprehensive Plan. The vacation of Liberty Avenue between 22"0 Street and 23rd Street
will generate no negative impacts for the surrounding area.
TRM/RAM
T'.rAGENBAt2015\February\PUBLIC WOReS\Liberty Avenue ROW between 22nd Street and 23rd Street Vacation
Analysis docx
we me ccmni,IS ra pandma excelkm pubic sernce and safer ro nIl who pre work cod ploy,r? vhronl hoprcai Lrslmc camnuny
Page 472 of 1103
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Page 473 of 1103
Attachment A
AREA TO BE VACATED:
LIBERTY AVENUE (PALM AVENUE) RIGHT-OF-WAY BETWEEN 22N0 STREET
(OCEAN AVENUE) AND 23RD STREET (ATLANTIC AVENUE):
BEING A R IGHT OF WAY 50 FEET IN WIDTH KNOWN AS L IBERTY AVENUE
LABELED ON THE PLAT AS " PALM AVENUE ACCORDING TO THE PLAT OF
"AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY" AS RECORDED IN PLAT BOOK 5, PAGE 7, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID RIGHT OF WAY BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON
THE EAST BY THE WESTERLY LINE OF BLOCK 2;
BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 2;
BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF BLOCK 2,
CONTAINING 12,500 SQUARE FEET MORE OR LESS,
Page 474 of 1103
sHreJ • I.J
n."il 2qy I x f..i r
/
7
"*2 II I /lie '''
. 'SITE
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or Nr
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41Pgo� 04 00 qF4 5 .6. c s
.8 A„4:44 „� r/`%; ,,,�,�kaBc LOCATION SKETCH
'orJ .R /^ 4£',yY MIP NTS
a. '"wrr the
INE PR..
�' EYP"Q "'M/q CTY
<0J7 Pq NL(A.J C. ,6j
5 PC ) PANY
�qR
/ aJis SURVEYOR'S NOTES:
xa P . Lpr 1. THIS IS NOT A SURVEY.
°iT
2. THIS SKETCH OF DESCRIPTION IS
V/ ez <qB NOT VALID WITHOUT THE SIGNATURE
l°ygsa Mkt, AND THE ORIGINAL RAISED SEAL OF
1w,1 ' l'9"Pre,. A FLORIDA_ICENSED SURVEYOR
'44-'--..,52,,,,,,,,,,,,,,, ^ ^ wPk/, _ �rA AND MAPPER.
p
SKETCH OF LEGAL DESCRIPTION
SCALE: 1"=60'
LEGAL DESCRIPTION:
BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE LABELED ON THE PLAT AS"PALM AVENUE'ACCORDING TO
THE PLAT OF`AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY'AS RECORDED
IN PLAT BOOK 5,PAGE 7.OF THE PUBLIC RECORDS OF DADE COUNTY.FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1;
BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2,
BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2;
BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2.
CONTAINING 12,500 SQUARE FEET MORE OR LESS.
LEGEND & ABBREVIATIONS:
ORB. OFFICIAL RECORD BOOK OB. DEED BOOK �\-.`r, it-13-lit CALCULATED DIMENSION T . TYPICAL
-
NTS NOT TO SCALE PG. PAGE BRIAN T. BELUNO DATE
CITY SURVEYOR
(P) PLAT DIMENSION DCR DADE COUNTY RECORDS STATE OF FLORIDA
RAW RIGHT—OF—WAY PB. PLAT BOOK PROFESSIONAL SURVEYOR AND MAPPER NO.4973
m E " A " T D REVISED TI-LE
1 ' �' I /r f'1k"_ I z. LIBERTY AVENUE,22ND TO 23RD STREET SM-2014M
PUBLIC WORKS DEPARTMENT SCALS ASSfl
,,. . ,..E.TEP .,,l...,.PAD.E„„„ Page„ Page 475 of 1103 _
'WORD,S&L CAE D.DCPROJECTS'DMGIAOPPL},IiM A.S.ric.ol xmM+n R..D VaDaliDDI
Attachment B
RESOLUTION NO. 2015-28920
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015
MEETING, TO APPROVE THE VACATION OF THE RIGHT OF
WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE)
BETWEEN 22ND STREET (OCEAN AVENUE) AND 23e
STREET(ATLANTIC AVENUE), WHICH IS A 50 FOOT IN
WIDTH RIGHT-OF-WAY, CONTAINING APPROXIMATELY
12,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE
PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY
OF THE MIAMI BEACH IMPROVEMENT COMPANY,
RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF THE CITY
OF MIAMI BEACH, (THE APPLICANT); WAIVING BY 5/7n'
VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS PURSUANT TO SECTION 82-39(A) AND (B)
OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST
WOULD BE SERVED BY WAIVING SUCH CONDITIONS.
WHEREAS, the City of Miami Beach holds a right-of-way dedication to a street
and sidewalks along Liberty Avenue (Palm Avenue) between 22nd Street (Ocean
Avenue) and 23'd Street (Atlantic Avenue), of a 50 foot in width right-of-way, consisting
of 12,500 feet, as set forth in the sketch attached as Exhibit "A" hereto, recorded in the
plat of the"Amended Map of the Ocean Front Property of the Miami Beach Improvement
Company" ('City Right-of-Way or"City ROW'); and
WHEREAS, the City of Miami Beach is the owner of the adjacent properties to
the City ROW, which properties bear the following addresses: 227 22"d Street, 340 23'd
Street, 2200 Liberty Avenue. 224 23 Street. 245 22nd Street, 211 22n4 Street; and
WHEREAS, the City adopted Resolution No. 2012-27869 authorizing the
construction of the five story parking garage with first floor retail, to be known as the
"Collins Park Garage" on 22nd Street and 23'd Street, abutting Liberty Avenue; and,
WHEREAS, on November 20, 2012, the Historic Preservation Board approved
File No.: 7329, authorizing a Certificate of Appropriateness for the Collins Park Garage"
and associated pedestrian plaza for Liberty Avenue; and
WHEREAS, renowned architect Zaha Hadid has designed the Collins Park
Garage, which garage structure encroaches into Liberty Avenue, along the first floor in
order to provide pedestrian access to the proposed first floor commercial units, and
WHEREAS, the air rights over Liberty Avenue are proposed to be used to extend
the parking garage structure across Liberty Avenue;
Page 476 of 1103
WHEREAS, the City plans to create a pedestrian plaza within the area to be
vacated, and use some of the area towards the Collins Park Garage; and
WHEREAS, during the February 2, 2015 Finance and Citywide Projects
Committee meeting, the Committee supported the vacation, due to pedestrian safety
concerns, the desire to create a pedestrian plaza, and to ensure the complete
construction of the parking garage; and
WHEREAS, without vacating the right-of-way, the City cannot complete
construction of the parking garage, as the Building Official cannot issue permits for
habitable construction within a right-of-way; and.
WHEREAS, upon vacation of the City right-of-way, the City will record a unity of
title for all the properties, and join the properties in ownership, thus ensuring that the
properties are tied to a Unified Development Site, consistent with the City's land
development regulations, and
WHEREAS, the proposed parking garage structure should have a building
permit, however, in order to obtain a building permit, the structure cannot encroach on
the right-of-way, and would need to be re-designed, or the right-of-way needs to be
vacated; and
WHEREAS, as Liberty Avenue has been contemplated to be a pedestrian public
plaza, with no vehicles, and as the City owns all the parcels adjacent to Liberty Avenue
between 22"d and 23'd Streets [the City owns lots 1-10 on Block 1 and owns lots 7, 9, 11,
4, 6, 8, 10 and 12 of Block 2], should Liberty Avenue be vacated, title to the vacated
right-of-way would transfer to the adjacent property owners, which would be the City of
Miami Beach; 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, in
addition to the previously mentioned application, prior to considering a request for
vacation, 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 ("Committee") for its review (the item was heard during the
Finance and Citywide Projects Committee meeting of February 2, 2015, and
which Committee recommended to the City Commission to proceed with the
vacation);
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,
Page 477 of 1103
4) The City shall obtain an independent appraisal of the fair market value of
the property proposed to be vacated, which shall include a definition of the
property based on the proposed and possible issues, including, without limitation,
the highest and best use of the property by the Applicant (this provision to be
waived by the City Commission); and,
WHEREAS, although the City's procedures for the lease of sale or sale of public
property also require an advertised public bidding process, and an appraisal, the
requirements may be waived by 517!h vote; 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 require for
appraisal, finding that the public interest is served by waiving such conditions.
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 hereby accept the recommendation of the Finance and Citywide Projects
Committee at its February 2. 2015 meeting, to approve the vacation of the right of way
known as Liberty Avenue (Palm Avenue) between 22n1 Street (Ocean Avenue) and 23'd
Street (Atlantic Avenue), which is a 50 foot in width right-of-way, containing
approximately 12,500 square feet in total area, as shown on the Plat of Amended Map of
the Ocean Front Property of the Miami Beach Improvement Company, recorded in Plat
Book 5 at Page 7, of the public records of Miami-Dade County, in favor of the City of
Miami Beach, (the applicant); waiving by 517Th vote, the competitive bidding and
appraisal requirements pursuant to Section 82-39(a) and (b) of the City Code, finding
that the public interest would be served by waiving such conditions.
PASSED and ADOPTED this ii day of Feforgot , 2015.
ATTEST: .r..m,. l
,�1\ BF9
yupp CRn ED " di. ,Payor
Rafal G. Granado, Ci(y lCle 21 APPROVED AS TO
FORM & LANGUAGE
&FO EXECUTION
City Allomoy Dote
F\ATTO\BOUE\Collins Park Parking Garage\Collins Avenue Parking Garage\First Reading vacate Libery
Avenue ROW REVISED TITLE 1-20-15-Rev-CIP.doc
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