Resolution 2024-33108 RESOLUTION NO. 2024-33108
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS MAY 24, 2024
MEETING, WITH RESPECT TO THE COMPLETION OF THE INDIAN CREEK
PEDESTRIAN PATHWAY ALONG/NEAR THE 28TH STREET PEDESTRIAN
BRIDGE, AND AUTHORIZING THE ADMINISTRATION TO: (1) WORK WITH THE
CITY ATTORNEY TO NEGOTIATE WITH THE OWNER OF THE OUTLOT
LOCATED AT 2811 INDIAN CREEK DRIVE (2811 OUTLOT PARCEL) TO SECURE
AN EASEMENT OR OTHER PROPERTY RIGHTS DEEMED ACCEPTABLE BY
THE CITY ATTORNEY, GRANTING THE CITY THE RIGHT TO DEVELOP AND
MAINTAIN, AT THE CITY'S SOLE COST, A CONNECTING PEDESTRIAN
PATHWAY ALONG THE 2811 OUTLOT PARCEL; AND, IN THE EVENT THAT
NEGOTIATIONS ARE NOT SUCCESSFUL, (2) STUDY THE POSSIBILITY OF
PURSUING AN EMINENT DOMAIN PROCEEDING AGAINST THE 2811 OUTLOT
PARCEL, INCLUDING SECURING APPRAISALS AND ANY OTHER
INFORMATION DEEMED RELEVANT BY THE CITY ATTORNEY IN CONNECTION
WITH PROVIDING THE CITY COMMISSION WITH A RECOMMENDATION AS TO
WHETHER OR NOT TO PURSUE AN EMINENT DOMAIN PROCEEDING AGAINST
THE 2811 OUTLOT PARCEL, AS A CONDITION PRECEDENT TO THE
COMMENCEMENT OF SUCH LEGAL PROCEEDING.
WHEREAS, on September 27, 2016, the City Commission adopted Resolution No. 2016-
29584, which authorized the City Manager to accept the transfer to the City, via quit claim deeds of
approximately 4,000 linear feet of seawall along Indian Creek Drive from private property owners
adjacent to Indian Creek Drive, so that the City and the Florida Department of Transportation (FDOT)
may undertake the construction of a 5.7 NAVD elevation seawall barrier wall to improve street
drainage and raise the road elevation for Indian Creek Drive between 26th Street and 41st Street; and
WHEREAS, on February 8, 2017, the Mayor and City Commission adopted Resolution No.
2017-29749, which authorized the City Manager to accept quit claim deeds with an easement
agreement, providing the upland property owners the ability to build a dock, or similar structure, in
the future, on the water-ward side of the seawalls; and
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted Resolution
No. 2017-29982, memorializing action taken by the City commission on May 17, 2017, which
modified Resolutions No. 2016-29584 and 2017-29749, so that the City Manager can accept the
transfer to the City via quit claim deed, easement agreement, or cross-easement agreement, and
extending the original authorization to include the area between 23rd Street and 26th Streets so that
the City and FDOT may extend the construction of the seawall barrier wall from 23rd Street through
41st Street (Project Site); and
WHEREAS, the City approached property owners of the outlots located along Indian Creek
Drive/Lake Pancoast within the Project Site during the design phase of the seawall installation
project, requesting that the property owners either provide an easement through their outlot parcel
or transfer the property to the City via quit claim deed, permitting the City to install a new seawall at
no cost to the property owners and permitting the City to construct a connecting walkway and other
public facilities at the outlot properties; provided, however, that in the case of a deed transfer of the
outlot parcel to the City, the property owner would retain an easement through the outlot for access
and construction of a dock in the future, subject to the property owner securing the requisite
regulatory approvals; and
WHEREAS, at its March 13, 2024 meeting, the City Commission approved a dual referral
(Item C4 I) to the Finance and Economic Resiliency Committee (FERC) and the Land Use and
Sustainability Committee (LUSC) to consider the creation of a new capital project to install floating
walkways and/or the acquisition of the outlot at 2811 Indian Creek Drive ("2811 Outlot Parcel") to
complete the Indian Creek pedestrian pathway; and
WHEREAS, the item was anticipated to be heard at the May 1, 2024 LUSC meeting, but it
was not heard; and was also scheduled to be heard at the May 24, 2024 FERC meeting; and
WHEREAS, the referral references a March 18, 2020 City Commission Resolution
(Resolution No. 2020-31210), approving one (1) of two (2) concept plans prepared by landscape
architect Craven Thompson & Associates, Inc. ("Craven Thompson"), based on community
feedback, to restore landscape removed during the construction of the seawall that extends from
24th Street to 41 St Street on the east side of the Indian Creek Canal/Waterway(i.e., on the west side
of Indian Creek Drive); and
WHEREAS, construction of the Indian Creek pedestrian pathway in its current iteration is
reflected in.the Indian Creek Greenway plan prepared by Craven Thompson, dated September 1,
2023 (Greenway Plan), a copy of which is attached to the City Commission Memorandum
accompanying this Resolution; and
WHEREAS, as highlighted in red in the Greenway Plan, the following areas currently do not
permit continuous passage over the Greenway ("Unconnected Pedestrian Pathway") for a number
of reasons, to wit:
• 28t" Street near the pedestrian bridge (the City has not secured property rights to the
2811 Outlot Parcel);
• 31 st through 35th Street (the City owns or has property rights to this segment of the
Unconnected Pedestrian Pathway; however, there may be a City structure blocking
use of the Pedestrian Pathway; the City may need consent to develop the Pedestrian
Pathway on water/land from a property owner under its agreement and/or secure
governmental approvals; or there is not sufficient space to develop the Pedestrian
Pathway; and
• Approximately from 37th Street to 39th Street (the City owns or has property rights to
this segment of the Unconnected Pedestrian Pathway; however, the City may need
consent to develop the Pedestrian Pathway on water from a property owner and/or
secure governmental approvals; and
WHEREAS, for the segments of the Unconnected Pedestrian Pathways in which the City has
a property interest in the land along the Pedestrian Pathway pursuant to an easement or a Quit Claim
Deed with a cross easement flowing to the property owner, the City Attorney's Office would have to
review the City's property rights, depending upon whether the path would be developed on the land
or on water, and determine whether or not a consent would be required from the property owners;
and
WHEREAS, for the segments of the Unconnected Pedestrian Pathway, Craven Thompson
created pedestrian starts/stops at certain pinch points where the pathway would otherwise end;
there are crosswalks at these pinch points to enable pedestrians who wish to walk along the west
side of Indian Creek Drive to cross over to the east side temporarily, until the next crosswalk that
can connect them back to the pathway; and this is less than ideal as pedestrians are forced to cross
ICD and cross back several times to get from 26th Street to 41 st Street; and
WHEREAS, the Mid Beach Neighborhood Association (MBNA) has requested that the City
consider the installation of floating walkways connecting the pinch points along Indian Creek Drive
to allow for a continuous pathway from 26th Street to 41st Street; and'
WHEREAS,the installation of the Pedestrian Walkway on water,where it could not otherwise
be constructed on land, would not only provide a practical solution for pedestrians traveling north or
south along Indian Creek Drive in Mid Beach but would also allow residents and visitors the ability
to experience the City's natural beauty in a more intimate way; and
WHEREAS, the 2811 Outlot Parcel is the only segment of the Unconnected Pedestrian
Walkway in which the City does not have a property interest to develop the Pedestrian Walkway and,
in its current design, a pedestrian who crosses the 28th Street pedestrian bridge over Indian Creek
must walk north to the crosswalk at 29th Street, then use the sidewalk on the east side of Indian
Creek Drive to head south; and
WHEREAS, the City has previously reached out to the property owner of the 2811 Outlot
Parcel during the design phase to either obtain a perpetual easement or acquire the 2811 Outlot
Parcel, with the property owner retaining the option of building a dock in the future; however, both
options were rejected, which required the City to modify the design for the 2811 Outlot Parcel to the
one currently in place; and
WHEREAS, as noted in the referral item, sponsoring Commissioner Alex Fernandez also
wished to discuss the possibility of negotiating an access easement through the 2811 Outlot Parcel
by negotiation with the owner or, if necessary, by eminent domain, in order to complete the
Pedestrian Pathway at the 2811 Outlot Parcel location; and
WHEREAS, the 2811 Outlot Parcel is part of a property which includes a home, located at
2811 Indian Creek Drive, directly across the 2811 Outlot Parcel, and on the east side of Indian Creek
Drive (the "2811 House") (collectively, the 2811 Outlot Parcel and 2811 House shall be collectively
referred to herein as the "2811 Property"); and
WHEREAS, pursuant to the Zillow website, as of January 24, 2024, the 2811 Property had
been listed for 451 days and had a listing price of$2,499,000.00; a lot size of approximately 4,450
square feet; and a house with approximately 2,553 square feet of living area, containing 6 bedrooms
and 5 baths; and
WHEREAS, the Property Appraiser's Office has the fair market value for the 2811 Property
for 2023 as $1,113,867.00; however, the Property Appraiser's Office valuation is historically below
the fair market values for the properties sold in the community; and
WHEREAS, according to Realtor.com webpage, as of June 17, 2024, the 2811 Parcel has
been on the market for 503.days and is currently listed for$2,199,000.00; and
WHEREAS, at is May 24, 2024 FERC meeting, Committee members discussed the item at
length and made a favorable motion to proceed to the City Commission, directing the Administration
to work with the City Attorney to negotiate an access easement at 2811 Indian Creek Drive or begin
an eminent domain process; and to prioritize funding during the 2025 budget process for a new
capital project to install a walkway over water as part of the Indian Creek Pedestrian Pathway; and
WHEREAS, the FERC recommendation relating to the funding of a new capital project to
install a walkway over water is the subject of a separate Resolution; and
WHEREAS, although the City has already provided alternate routes for the use of
Unconnected Pedestrian Pathway segment near the 28th Street bridge, due to the fact that the public
is not able to continue the Indian Creek pedestrian pathway along the 2811 Outlot Parcel, it is
reasonable and necessary for the City to consider improving the efficiency and safety of this segment
of the Unconnected Pedestrian Pathway; and
WHEREAS, following the recommendation of the May 24, 2024 FERC meeting, the City
Administration recommends taking the following actions: (1) Negotiating with the owner of the 2811
Outlot Parcel to secure an easement or other property rights deemed acceptable by the City Attorney,
granting the City the right to develop and maintain, at the City's sole cost, a connecting Pedestrian
Pathway along the 2811 Outlot Parcel; and, in the event that negotiations are not successful, (2)
studying the possibility of pursuing an eminent domain proceeding against the 2811 Outlot Parcel,
including securing appraisals and any other information deemed relevant by the City Attorney in
connection with providing the City Commission with a recommendation as to whether or not pursue
an eminent domain proceeding against the 2811 Outlot Parcel, as a condition precedent to the
commencement of such legal proceeding.
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 Economic Resiliency Committee, at its May 24, 2024
meeting, with respect to the completion of the Indian Creek pedestrian pathway along/near the 28th
Street pedestrian bridge, and authorize the Administration to: (1) work with the City Attorney to
negotiate with the owner of the outlot located at 2811 Indian Creek Drive (2811 Outlot Parcel) to
secure an easement or other property rights deemed acceptable by the City Attorney, granting the
City the right to develop and maintain, at the City's sole cost, a connecting pedestrian pathway along
the 2811 Outlot Parcel; and, in the event that negotiations are not successful, (2)study the possibility
of pursuing an eminent domain proceeding against the 2811 Outlot Parcel, including securing
appraisals and any other information deemed relevant by the City Attorney in connection with
providing the City Commission with a recommendation as to whether or not to pursue an eminent
domain proceeding against to the 2811 Outlot Parcel, as a condition precedent to the commencement
of such legal proceeding.
PASSED AND ADOPTED this c day of 14AI 2024.
Steven Meiner, Mayor.
ATTEST:
7411 JUL — 3 2024 = `
Rafael E. Granado, Secretary (:INCORPORATED/
. APPROVED AS TO
FORM & LANGUAGE
Sponsored by Commissioner Alex J. Fernandez &FOR EXECUTION
rp) 2)
. City Attorney*--- Dote
Agenda Item C 7AA
•
Date G 016-4
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager W
DATE: June 26, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND ECONOMIC
RESILIENCY COMMITTEE,AT ITS MAY 24, 2024 MEETING,WITH
RESPECT TO THE COMPLETION OF THE INDIAN CREEK
PEDESTRIAN PATHWAY ALONG/NEAR THE 28TH STREET
PEDESTRIAN BRIDGE, AND AUTHORIZING THE
ADMINISTRATION TO: (1)WORK WITH THE CITY ATTORNEY TO
NEGOTIATE WITH THE OWNER OF THE 2811 OUTLOT.PARCEL
TO SECURE AN EASEMENT OR OTHER PROPERTY RIGHTS
DEEMED ACCEPTABLE BY THE CITY ATTORNEY, GRANTING
THE CITY THE RIGHT TO DEVELOP AND MAINTAIN, AT THE
CITY'S SOLE COST, A CONNECTING PEDESTRIAN PATHWAY
OVER WATER FOR USE BY THE PUBLIC; AND, IN THE EVENT
THAT NEGOTIATIONS ARE NOT SUCCESSFUL, (3) STUDY THE
POSSIBILITY OF PURSUING AN EMINENT DOMAIN PROCEEDING
AGAINST THE 2811 OUTLOT PARCEL, INCLUDING SECURING
APPRAISALS AND ANY OTHER INFORMATION DEEMED
RELEVANT BY THE CITY ATTORNEY IN CONNECTION WITH
PROVIDING THE CITY COMMISSION WITH A RECOMMENDATION
AS TO WHETHER OR NOT TO PURSUE AN EMINENT DOMAIN
PROCEEDING AGAINST THE 2811 OUTLOT PARCEL, AS A
CONDITION PRECEDENT TO THE COMMENCEMENT OF SUCH
LEGAL PROCEEDING.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND ECONOMIC
RESILIENCY COMMITTEE, AT ITS MAY 24, 2024 MEETING, AND
AUTHORIZING THE ADMINISTRATION TO PRIORITIZE FUNDING
DURING THE 2025 BUDGET PROCESS FOR A FEASIBILITY
STUDY, ESTIMATED TO COST APPROXIMATELY$100,000.00,TO
DETERMINE THE DESIGN AND CONSTRUCTION COSTS
ASSOCIATED WITH A NEW CAPITAL PROJECT TO DEVELOP A
WALKWAY OVER WATER FOR THOSE SEGMENTS OF THE
INDIAN CREEK PEDESTRIAN PATHWAY WHICH ARE
CURRENTLY NOT CONNECTED TO THE CONTINUOUS PATH
(UNCONNECTED PATH), SO THAT FUNDING FOR THE DESIGN
AND CONSTRUCTION MAY BE DETERMINED FOR THOSE
SEGMENTS OF THE UNCONNECTED PATH FOR WHICH THE
CITY, ON ITS OWN OR BY SECURING THE REQUISITE
CONSENTS OR OTHER PROPERTY RIGHTS, MAY PROCEED TO
COMPLETE THE INDIAN CREEK PEDESTRIAN PATHWAY.
RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND/HISTORY
On September 27, 2016, the City Commission adopted Resolution No. 2016-29584, which
authorized the City Manager to accept the transfer to the City, via quit claim deeds of
approximately 4,000 linear feet of seawall along Indian Creek Drive from private property owners
adjacent to Indian Creek Drive, so that the City and the Florida Department of Transportation
(FDOT) may undertake the construction of a 5.7 NAVD elevation seawall barrier wall to improve
street drainage and raise the road elevation for Indian Creek Drive between 26th Street and 41st
Street.
On February 8,2017,the Mayor and City Commission adopted Resolution No.2017-29749,which
authorized the City Manager to accept quit claim deeds with an easement agreement, providing
the upland property owners the ability to build a dock, or similar structure, in the future, on the
water-ward side of the seawalls.
On September 25, 2017, the Mayor and City Commission adopted Resolution No. 2017-29982,
memorializing action taken by the City commission on May 17, 2017,which modified Resolutions
No. 2016-29584 and 2017-29749,so that the City Manager can accept the transfer to the City via
quit claim deed, easement agreement, or cross-easement agreement, and extending the original
authorization to include the area between 23rd Street and 26th Streets so that the City and FDOT
may extend the construction of the seawall barrier wall from 23rd Street through 41st Street(Project
Site).
The City approached property owners of the outlots located along Indian Creek Drive/Lake
Pancoast within the Project Site during the design phase of the seawall installation project,
requesting that the property owners either provide an easement through their outlot parcel or
transfer the property to the City via quit claim deed, permitting the City to install a new seawall at
no cost to the property owners and permitting the City to construct a connecting walkway and
other public facilities at the outlot properties;providing,however,that in the case of a deed transfer
of the outlot parcel to the City, the property owner would retain an easement through the outlot
for access and construction a dock in the future, subject to the property owner securing the
requisite regulatory approvals.
At its March 13, 2024 meeting, the City Commission approved a dual referral (Item C4 I) to the
Finance and Economic Resiliency Committee (FERC) and the Land Use and Sustainability
Committee(LUSC)to consider the creation of a new capital project to install an extended seawall
cap and/or the acquisition of the parcel directly west of Indian Creek Drive and owned by the
property located at 2811 Indian Creek Drive ("2811 Outlot Parcel")to complete the Indian Creek
pedestrian pathway. The item was anticipated to be heard at the May 1, 2024, LUSC meeting,
but it was not heard. The item was heard at the May 24, 2024, FERC meeting.
The referral references a March 18, 2020 City Commission Resolution (Resolution No. 2020-
31210), approving one (1) of two (2) concept plans prepared by landscape architect Craven
Thompson & Associates, Inc. ("Craven Thompson"), based on community feedback, to restore
landscape removed during the construction of the seawall that extends from 24th Street to 41s1
Street on the east side of the Indian Creek Canal/Waterway(i.e.,on the west side of Indian Creek
Drive).
The approved concept plan provided connectivity for pedestrians between three(3)anchor points:
(1) 41st Street; (2) the pedestrian bridge at 28th Street; and (3) the south end overlooking Lake
• Pancoast. The plan proposed varied layers of landscaping between the anchor points and the
connectivity, to buffer the barrier wall, to screen and open some views, and plant large shade
trees at the road intersections with Indian Creek Drive ("ICD")to limit traffic related light pollution
into the residential neighborhoods.
As part of the Resolution, the Mayor and City Commission directed the Administration to work
with Craven Thompson to increase the pathway and landscaping in as many areas as possible.
Construction of the Pathway in its current iteration was completed in 2023.
Construction of the pathway in its current iteration("Pedestrian Pathway")is reflected in the Indian
Creek Greenway plan prepared by Craven Thompson, dated. September 1, 2023 (Greenway
Plan),a copy of which is attached hereto.As highlighted in red in the Greenway Plan,the following
areas currently do not permit continuous passage over the Greenway("Unconnected Pedestrian
Pathway")for a number of reasons, to with:
• 28th Street near the pedestrian bridge (the City has not secured property rights to the
2811 Outlot Parcel);
• 31st through 35th Street (the City owns or has property rights to this segment of the
Unconnected Pedestrian Pathway; however,there may be a City structure blocking use
of the Pedestrian Pathway; the City may need consent to develop the Pedestrian
Pathway on water/land from a property owner under its agreement and/or secure
governmental approvals; or there is not sufficient space to develop the Pedestrian
Pathway; and
• Approximately from 37th Street to 39th Street (the City owns or has property rights to
this segment of the Unconnected Pedestrian Pathway; however, the City may need
consent to develop the Pedestrian Pathway over water from a property owner and/or
secure governmental approvals.
For the segments of the Unconnected Pedestrian Pathways in which the City has a property
interest in the land along the Pedestrian Pathway pursuant to an easement or a Quit Claim Deed
with a cross easement flowing to the property owner, the City Attorney's Office would have to
review the City's property rights, depending upon whether the path would be developed on the
land or on water, and determine whether or not a consent would be required from the property
owners.
For the segments of the Unconnected Pedestrian Pathway,Craven Thompson created pedestrian
starts/stops at certain pinch points where the pathway would otherwise end; there are crosswalks
at these pinch points to enable pedestrians who wish to walk along the west side of ICD to cross
over to the east side temporarily, until the next crosswalk that can connect them back to the
pathway;and this is less than ideal as pedestrians are forced to cross ICD and cross back several
times to get from 26th Street to 41st Street.
The Mid Beach Neighborhood Association (MBNA) has requested that the City consider the
installation of a walkway over water connecting the pinch points along ICD to allow for a
continuous pathway from 26th Street to 41st Street.The installation of a walkway over water would
not only provide a practical solution for pedestrians traveling north or south along ICD in Mid
Beach but would also allow residents and visitors the ability to experience the City's natural beauty
in a more intimate way.
The 2811 Outlot Parcel is the only segment of the Unconnected Pedestrian Walkway in which the
City does not have a property interest to develop the. Pedestrian Walkway and, in its current
design, a pedestrian who crosses the 28th Street pedestrian bridge over Indian Creek must walk
north to the crosswalk at 29th Street, then use the sidewalk on the east side of Indian Creek Drive
to head south.
As noted in the referral item, sponsoring Commissioner Alex Fernandez also wished to discuss
the possibility of acquiring the parcel directly west of Indian Creek Drive and owned by the
property located at 2811 Indian Creek Drive (the "2811 Outlot Parcel"). To head south bound
safely, a pedestrian who crosses the 28th Street pedestrian bridge over Indian Creek mustwalk
north to the crosswalk at 29th Street, then use the sidewalk on the east side of Indian Creek Drive
to head south. The City has previously reached out to the property owner of the 2811 Outlot
Parcel during the design phase to either obtain a perpetual easement or acquire the 2811 Outlot
Parcel,with the•property owner retaining the option of building a dock'in the future; however, both
options were rejected, which required the City to modify the design for the 2811 Outlot Parcel to
the one currently in place.
. The 2811 Outlot Parcel is part of a property which includes a home, located at 2811.Indian Creek
Drive, directly across the 2811 Outlot Parcel, and on the east side of Indian Creek Drive (the
"2811 House")(collectively, the 2811 Outlot Parcel and 2811 House shall be collectively referred
to herein as the "2811 Property"). Pursuant to the Zillow website, as of January 24, 2024, the
2811 Property had been listed for 451 days and had a listing price of$2,499,000.00; a lot size of
approximately 4,450 square feet and a house with approximately 2,553 square feet of living area,
containing 6 bedrooms and 5 baths, The Property Appraiser's Office has the,fair market value
for the 2811 Property for 2023 as $1,113,867.00; however, the Property Appraiser's Office
valuation is historically below the fair market values for the properties sold in the community.
Additionally, according to Realtor.corn webpage, as of June 17, 2024, the 2811 Parcel has been
on the market for 503 days and is currently listed for$2,199,000.
At is May 24, 2024 FERC meeting, Committee members discussed the item at length and made
a favorable motion to proceed to the City Commission, directing the Administration to work with
the City Attorney to negotiate an access easement at 2811 Indian Creek Drive or begin an eminent
domain process, and prioritize during the 2025 budget process, a new capital project installing a
walkway over water as part of the Indian Creek.pedestrian pathway(funding to'be discussed at
the July Budget Retreat, and contingent upon City Commission approval).
Although the City has already provided alternate routes for the use of Unconnected Pedestrian
Pathway segment near the 28th Street bridge,due to the fact that the public is not able to continue
the Indian Creek pedestrian pathway along the 2811 Outlot Parcel,it is reasonable and necessary
for the City to consider improving the efficiency and safety of this segment of the Unconnected
Pedestrian Pathway.
ANALYSIS
Permitting Requirements:
Section 24-48 of the Miami-Dade County Code requires that a Miami-Dade County Class I Permit
be obtained from the Division of Environmental Resources Management (DERM) prior to
performing'any work in, on, over or upon tidal waters or coastal wetlands of Miami-Dade County
or of any of the municipalities located within Miami-Dade County.
A DERM Class I Permit is utilized to manage impacts from construction on coastal wetlands and
tidal waters. Through this process, projects are reviewed to identify potential environmental and
other impacts. Before the permit is issued, Miami-Dade County may require modification of the
project to eliminate avoidable impacts and to minimize other impacts. Compensation (mitigation)
is required for unavoidable impacts as part of the permit:
Other permits may be needed before work can begin.The following is a list of other agencies that
may have jurisdiction over these Class I projects(their involvement will depend upon the location,
nature, type,and size of the project):
•
• South Florida Water Management District(SFWMD)
• Florida Department of Environmental Protection (FDEP)
• U.S. Army Corps of Engineers(USACOE)
The processing time may vary from project to project due to design, site conditions or project.
complexity. We anticipate that due to the various agencies involved that permitting will take a
minimum of 6 to 12 months. Most short form permits are valid for 2 years from the date of
issuance. If additional time is necessary to perform the work, the permit may be extended in 2 or
3-year increments provided the total time period of the extensions granted does not exceed 10
years.
Bridge Design:
An acceptable over water walkway design would need to be established,and the City would need
to hire a consultant to design the over water walkway(currently unfunded).The cost of the project
will be determined by the size/scope of the project,materials utilized and environmental mitigation
costs. Design costs are anticipated to be approximately $400K, depending on the structural
complexity of the design and construction costs would have to be determined based upon the
scope of the project.There will also be a recurring cost for maintaining the floating walkway,which
is also unfunded.
FISCAL IMPACT STATEMENT
This request is currently unfunded. A funding source will be discussed at the July Budget Retreat.
Feasibility costs are estimated to be approximately $100K;. design costs are anticipated to be
approximately 400K, depending on the structural complexity of the design;and construction costs
will likely exceed $2M and would need to be determined based upon the scope of the project,
plus any associated permitting fees. There will also be a recurring cost for maintaining the over
water walkway,which is also unfunded.
CONCLUSION
Following the recommendation of the May 24, 2024 FERC meeting, the City Administration
recommends taking the following actions: (1) Negotiate with the owner of the 2811 Outlot Parcel
to secure an easement or other property rights deemed acceptable by the City Attorney, granting
the City the right to develop and maintain a connecting Pedestrian Pathway over water for use by
the public at the City's sole cost; and, in the event that negotiations are not successful, (2) study
the possibility of pursuing an eminent domain proceeding against the 2811 Outlot Parcel,
including securing appraisals and any other information deemed relevant by the City Attorney in
connection with providing the City Commission with a recommendation as to whether or not to
pursue an eminent domain proceeding against the 2811 Outlot Parcel, as a condition precedent
to the commencement of such legal proceeding.
Once the Administration determines what portions of the Outstanding Pedestrian Pathway
segments can be developed by the City in its own right or through securing the requisite consents
or other property rights, the City will need to retain the services of a consultant to prepare a
feasibility study, which could cost approximately $100,000.00; and once the feasibility study is
completed, the design work could cost approximately$400,000.00, depending upon the size and
scope of the project, once the scope of the project is determined, the construction costs could be
determined; and following construction, the City would need to budget the annual costs
associated with the maintenance of the walkway over water, with all of the foregoing currently
subject to funding appropriation and approval by the City Commission.
Applicable Area
Middle Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec.2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s)and principal(s):
Department
Public Works
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Tanya K. Bhatt
Attachments
Resolution (1)
Resolution (2)
Greenway Plan, September 1, 2023
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4 P[!1 20. 7
Resolutions -C7 AA
MIAMIBEACH
COMMISSION MEMORANDUM
[TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager
DATE: June 26, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS MAY 24, 2024
MEETING, AND AUTHORIZING THE ADMINISTRATION TO 1) WORK WITH THE •
CITY ATTORNEY TO OBTAIN AN ACCESS EASEMENT THROUGH THE OUTLOT
LOCATED AT 2811 INDIAN CREEK DRIVE BY NEGOTIATION WITH THE OWNER
OR, IF NECESSARY, BY EMINENT DOMAIN; AND 2) PRIORITIZE FUNDING
DURING THE 2025 BUDGET PROCESS, FOR A NEW CAPITAL PROJECT TO
DESIGN AND CONSTRUCT A WALKWAY OVER WATER BY EXTENDING THE
SEAWALL CAP AS PART OF THE INDIAN CREEK PEDESTRIAN PATHWAY.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
RECOMMENDATION
Click or tap here to enter text.
BACKGROUND/HISTORY
ANALYSIS
FISCAL IMPACT STATEMENT
Click or tap here to enter text.
CONCLUSION
Applicable Area
Middle Beach
Is this a "Residents Right to Know" items Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Protect?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Page 716 of 1862
Public Works
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Tanya K. Bhatt
Page 717 of 1862