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R7G-Approve Vacation St Patricks Catholic Church And SchoolCOMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving The Vacation Of North Meridian Avenue, Between 37th Street (Barry Street) And 39th Street, Consisting Of A 70 Foot Wide Right-Of-Way, Containing Approximately 17,500 Square Feet ln Total Area, As Shown On The Plat Of Garden Subdivision Recorded ln Plat Book 29 At Page 67, Of The Public Records Of Miami-Dade County, ln Favor Of Thomas G. Wenski, Archbishop Of Diocese Of Miami, A/KA St. Patrick's Catholic Church And School (The Applicant); Waiving , By 5l7tn Vote, The Competitive Bidding And Appraisal Requirements Pursuant To, Respectively, Sections 82-39(A) And (B) Of The City Code, Finding That The Public lnterest Would Be Served By Waiving Such Conditions; And Further Conditioning The Vacation On A Covenant Running With The Land That The Vacated Property Not Be Used Toward Floor Area Ratio (FAR), And Precluding Construction Of Any Structure Or lmprovements Within The Vacated Pro Data (Survevs, EnvironmentalScan. etc.): N/A ltem Summary/Recommendation : The City holds a right-of-way dedication to a street and sidewalks fronting St. Patrick's Church and School, along North MeridianAvenue, between 37th Street and 39th Street, consisting ol a70 foot wide right-of-way, containing approximately 17,500 square feet (as set forth in the sketch attached as Exhibit "A" hereto), which originated when the Plat of Garden Subdivision was platted in 1926 and approved by the City ("City Right-of-Way" or "City ROW'). Thomas G. Wenski, Archbishop of the Diocese of Miami, a/k/a St. Patrick's Church and School (the Applicant), which properties bear the following addresses: 3700, 3701 and 3716 Garden Avenue, Miami Beach, are located adjacent, facing both the east and west sides of the City's ROW, and has an enrollment of 274 students from Pre-K through 8th grade. Over the years, the Applicant has requested the City's assistance in dealing with traffic, safety, and security of its students in accessing the City ROW. ln 1995, the City issued a20 year revocable permit for the installation of the electrical traffic control arm along with additional parking and landscaping on North Meridian Avenue and, in the interim, allowed the City ROW to be blocked by barricades to ensure no traffic during the time the children were going to school. Currently, the City ROW is closed by way of electrical arm gates that block vehicular access when school is in session, from approximately 7:00 a.m. to 5:00 p.m.. The Applicant has requested that the City vacate and, accordingly, has submitted its application to the City's Public Works Department. The vacation of the City ROW serves a public purpose, by ensuring that traffic is controlled and that the safety, and security of the vulnerable minor children attending school at St. Patrick's, which children are as young as 18 months, be protected from traffic accidents, violence, and generally be provided a secure entry and exit point from school. Pursuant to the City's existing admlnistrative policies and procedures to consider the vacation of the City streets, alleys, and/or rights-of-way, which also require compliance with Article ll, Sections 82-36 through 82-40 of the City Code (which establish procedures governing the sale or lease of public property). Although the City's procedures for the lease of sale or sale of public property also require an advertised public bidding process, the requirement may also be waived by 5l7tn vote of the City Commission; in this case, and due to the nature of the law pertaining to the vacation of rights-of-way, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, finding that the public interest is served by waiving such conditions. The Administration also recommends an easement for public utilities be provided as the condition of this vacation. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. N/A Source of Funds: Amount Account OBPI I Totat Financial lmpact Summary: ,s veT # MIAMIBEACH AGENDA ITElel - ;^r;--V-6:77596 @ MIAMIBEACH City of Miomi Beqch, l200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMI ION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: September 10,2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMTSSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF NORTH MERIDIAN AVENUE, BETWEEN 37TH STREET (BARRY STREET) AND 39TH STREET, CONSISTING OF A 70 FOOT WIDE RIGHT-OF-WAY, CONTAINING APPROXIMATELY 17,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE PLAT OF GARDEN SUBDIVISION RECORDED IN PLAT BOOK 29 AT PAGE 67, OF THE PUBLIC RECORDS OF MIAMI.DADE COUNTY, IN FAVOR OF THOMAS G. WENSKI, ARCHBISHOP OF DIOCESE OF MIAMI, NKJA ST. PATRICK'S CATHOLIC CHURCH AND SCHOOL (THE APPLICANT); WAIVING, BY 5/7rH 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 FURTHER CONDITIONING THE VACATION ON A COVENANT RUNNING WITH THE LAND THAT THE VACATED PROPERTY NOTBE USED TOWARD FLOOR AREA RATTO (FAR), AND PRECLUDTNG CONSTRUCTION OF ANY STRUCTURE OR IMPROVEMENTS WITHIN THE VACATED PROPERTY. ADM!NISTRATION RECOMMENDATION The Administration recommends adopting the Resolution. BACKGROUND The City holds a right-of-way dedication to a street and sidewalks fronting St. Patrick's Church and School, along North Meridian Avenue, between 37th Street and 39th Street, consisting of a 70 foot wide right-of-way, containing approximately 17,500 square feet (as set forth in the sketch attached as Exhibit "A" hereto), which originated when the Plat of Garden Subdivision was platted in 1926 and approved by the City ("City Right-of-Way" or "City ROW'). Thomas G. Wenski, Archbishop of the Diocese of Miami, a/l</a St. Patrick's Church and School (the Applicant), which properties bear the following addresses: 3700, 3701 and 3716 Garden Avenue, Miami Beach, are located adjacent, facing both the east and west sides of the City's ROW, and has an enrollment of 274 students from Pre-K through 8th grade. Over the years, the Applicant has requested the City's assistance in dealing with traffic, safety, and security of its students in accessing the City ROW. f the City mission 597 Commission Memorandum -Sf. Patrick Page 2 of 2 ln 1995, the City issued a 20 yeat revocable permit for the installation of the electrical traffic control arm along with additional parking and landscaping on North Meridian Avenue and, in the interim, allowed the City ROW to be blocked by barricades to ensure no traffic during the time the children were going to school. Currently, the City ROW is closed by way of electrical arm gates that block vehicular access when school is in session, from approximately 7:00 a.m. to 5:00 p.m.. The Applicant has requested that the City vacate and, accordingly, has submitted its application to the City's Public Works Department. The vacation of the City ROW serves a public purpose, by ensuring that traffic is controlled and that the safety, and security of the vulnerable minor children attending school at St. Patrick's, which children are as young as 18 months, be protected from traffic accidents, violence, and generally be provided a secure entry and exit point from school. 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 ll, 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 for its review (Note: the request for vacation was heard during the Special Finance and Citywide Projects Committee meeting of July 3Ot^,2014, and the Committee recommended the City Commission to proceed with the vacation); 3) ln 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 5l7th vote of the City Commission, finding that the public interest is served by waiving such condition); and Although the City's procedures for the lease of sale or sale of public property also require an advertised public bidding process, the requirement may also be waived by 5t7tn vote of the City Commission; in this case, and due to the nature of the law pertaining to the vacation of rights-of- way, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, finding that the public interest is served by waiving such conditions. The Administration also recommends an easement for public utilities be provided as a condition of this vacation. CONCLUSION The Administration recommends adopting the Resolution. Attachment: Planning analysis JLMMTT&#,AM/EB T:\AGENDA\2U1 4\September\Public Works\St Patrick Memo.docx 598 Attachment - fu\l,&1,,iiY;xfu^L*T ; PIANNING DEPARTMENT PLANNING ANALYSIS To: Jimmy L. Morales, City Manager FROM: Thomas R. Mooney, AICP Planning Director DATE: September 10,2014 SUBJECT: ANALYSIS OF PROPOSED RIGHT OF WAY (ROW) VACATION N. MERIDIAN AVENUE BETWEEN 37TH STREET AND 39TH 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 is to vacate Meridian Avenue between 37th Street and 39th Street. The right of way is 70 feet wide and contains approximately 17,500 square feet in area; however, a covenant is being provided that prevents the area from counting towards the floor area ratio (FAR) of any future building(s) once it is vacated. 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 greatly contribute to the safety of pedestrians and students traveling between the facilities of Saint Patrick's school which are divided by Meridian Avenue. This is consistent with the Comprehensive Plan Transportation Element Objective 5, which states the following: OBJECTIVE 5: PEDESTRIAN AND BICYCLE CIRCULATION The City shall strive to increase and promote the safe and convenient use of ifs bicycle and pedestrian networks including the creation, extension, and improvements of bicycle and pedestrian facilities between and among present and potential generators of bicycle and pedestrian traffic. 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 599 Analysis of Proposed Right of Way (ROW) Vacation - N. Meridian Avenue between 37th Street and 39th Street September 10, 2014 Page 2 of 3 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 will include a covenant which prohibits construction of any structure on the property and prohibits the property from being counted towards the floor area ratio (FAR) of the site. . Though a ROW is proposed to be vacated, no construction is being proposed within the vacated ROW; therefore there will be no diminution of open space.. Vacation of the ROW will not affect the transportation network as this is not an arterial or collector roadway and connectivity will continue to be provided by adjacent streets. ln addition no additional floor area will become available as a result of this vacation, thus it cannot be the cause of additional trips being generated from the site.o No noise level impacts are anticipated from the vacation, as there will be no development on the site.. The proposed vacation should not affect surrounding property values.r Vacation of the ROW should not affect development patterns of the surrounding neighborhood.o Vacation of the ROW way will not impact adopted levels of service for public infrastructure, as there will be no new development, and it is not an arterial or collector roadway. 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 proposal will improve the community's overall quality of life by improving the safety of students and pedestrians attending Saint Patrick's School, which serves many members of the community. 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 - There will be no development on the vacated property, nor will the vacation allow for the development of additional FAR on an adjacent site. Therefore it will not result in the blocking of views or environmental intrusions. 3. 4. 600 Analysis of Proposed Right of Way (ROW) Vacation - N. Meridian Avenue between 37th Street and 39th Sfreef September 10, 2014 Page 3 of 3 5. The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. Consistent - Vacation of this ROW will not affect the parking or infrastructure needs of adjacent properties. Surrounding properties are not dependent on the parking provided within this ROW. 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 applicabte - The Planning Department has no other issues it deems appropriate to analyze for this proposal. GONCLUSION The proposed vacation of the public ROW is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. The vacation of North Meridian Avenue between 37th Street and 39th Street will generate no negative impacts for the surrounding area. The property will not be developed and will greatly improve safety for pedestrians and students. TRM/RAM T:\AGENDA\201 4\September\Public Works\St Patricks Planning Analysis.doc 601 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE VACATTON OF N. MERIDIAN AVENUE, BETWEEN 37TH STREET (BARRY STREET) AND 39TH STREET, CONSTSTING OF A 70 FOOT WIDE RIGHT.OF-WAY, CONTAINING APPROXIMATELY 17,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE PLAT OF GARDEN SUBDIVISION RECORDED IN PLAT BOOK 29 AT PAGE 67, OF THE PUBLIC RECORDS OF MIAMI.DADE COUNTY, IN FAVOR OF THOMAS G. WENSKI, ARCHBISHOP OF DIOCESE OF MIAMI, A/I(A ST. PATRICK',S CATHOLIC CHURCH AND SCHOOL (THE APPLTCANT); WA|VING, By 5/7rH VOTE, THE COMPETITTVE 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 FURTHER CONDITIONING THE VACATION ON A COVENANT RUNNING WITH THE LAND THAT THE VACATED PROPERTY NOT BE usED TOWARD FLOOR AREA RATIO (FAR), AND PRECLUDING CONSTRUCTION OF ANY STRUCTURE OR IMPROVEMENTS WITHIN THE VACATED PROPERTY. WHEREAS, the City holds a right-of-way dedication to a street and sidewalks fronting St. Patrick's Church and School, along N. Meridian Avenue, between 37th Street and 39th Street, consisting of a 7Q foot wide right-of-way, containing approximately 17,500 square feet (as set forth in the sketch attached as Exhibit "A" hereto), which originated when the Plat of Garden Subdivision was platted in 1926 and approved by the City ("City Right-of-Wat/' or "City ROW"); and WHEREAS, Thomas G. Wenski, Archbishop of the Diocese of Miami, a/k/a St. Patrick's Church and School (the Applicant), which properties bear the following addresses: 3700,3701 and 3716 Garden Avenue, Miami Beach, are located adjacent, facing both the east and west sides of the City's ROW, and has an enrollment of 274 students from Pre-K through 8th grade; and WHEREAS, over the years, the Applicant has requested the City's assistance in dealing with traffic, safety, and security of its students in accessing the City ROW; and WHEREAS, in 1995, the City issued a 20 year revocable permit for the installation of the electrical traffic control arm along with additional parking and landscaping on N. Meridian Avenue and, in the interim, allowed the City ROW to be blocked by barricades to ensure no traffic during the time the children were going to school; and 602 WHEREAS, currently, the City ROW is closed by way of electrical arm gates that block vehicular access when school is in session, from approximately 7:00 a.m. to 5:00 p.m.; and WHEREAS, the Applicant has requested that the City vacate and, accordingly, has submitted its application to the City's Public Works Department; and WHEREAS, the vacation of the City ROW serves a public purpose, by ensuring that traffic is controlled and that the safety, and security of the vulnerable minor children attending school at St. Patrick's, which children are as young as 18 months, be protected from traffic accidents, violence, and generally be provided a secure entry and exit point from school; 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 ll, 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 for its review (Note: the request for vacation was heard during the Special Finance and Citywide Projects Committee meeting of July 30th, 2014, and the Committee recommended the City Commission to proceed with the vacation);3) ln order for the City Commission and the public to be fully appraised of all conditions relating to the proposed vacation, the City's Planning Department shall prepare a written planning analysis, to be submitted to the City Commission concurrent with its consideration of the proposed vacation; and,4) The City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated (Note: this provision may be waived by a 5/7th vote of the City Commission, finding that the public interest is served by waiving such condition); and WHEREAS, although the City's procedures for the lease of sale or sale of public property also require an advertised public bidding process, the requirement may also be waived by 5l7th vote of the City Commission; in this case, and due to the nature of the law pertaining to the vacation of rights-of-way, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, 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 approving the vacation of N. Meridian Avenue, between 37th Street (Barry Street) and 39th Street, consisting of a 70 foot wide right-of-way, containing approximately 17,500 square feet in total area, as shown on the Plat of Garden Subdivision recorded in Plat Book 29 at Page 67, of the public records of Miami-Dade 603 county, in favor of Thomas G. Wenski, Archbishop of Diocese of Miami, a/k/a St. Patrick's Catholic Church and school (the applicant); waiving, by 5l7th vote of the City Commission, 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 further conditioning the vacation on a covenant running with the land that the vacated property not be used toward floor area ratio, and precluding construction of any structure or improvements within the vacated property. PASSED and ADOPTED this _day of September,2014. PHILIP LEVINE, MAYOR ATTEST: RAFAEL E. GRANADO, CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City AltorneY qlr.EE' -M 604 THIS PAGE INTENTIONALLY LEFT BLANK 605