R7B-Approve Vacation Of Liberty Avenue Between 22nd And 23rd Streetrh. .f. (B)
I^t-.l-,
TO:
FROM:
DATE:
r91 5 . 20r5
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
February 11,2015
COMMISSION MEMORANDUM
the City
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEAGH, FLORIDA, ACCEPTING 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 lS A 50 FOOT lN WIDTH RIGHT-OF-WAY, CONTAINTNG
APPROXIMATELY 12,500 SQUARE FEET !N 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 GITY OF MIAMI
BEACH, (THE APPLIGANT); WAIVING BY 5/7TH VOTE, THE COMPETITIVE BIDDING
AND APPRATSAL REQUTREMENTS PURSUANT TO SECTTON 82-39(A) AND (B) OF
THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY
WAIVING SUCH COND!T!ONS.
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 lnc., 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 lmprovement 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 lmprovement 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 (Exhibit A).
ANALYS!S
The City's Capital lmprovement 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. ln
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
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 if required, utility easements could be
granted.
Agenda ftem fl78
Date
"/
f528
Commission Memorandum - Vacation of Liberty Avenue
February 11,2015
Page 2 of 2
GOMPLIANCE WITH GHAPTER 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 etfectuating a vacation. The City Commission is to hold two separate
meeting dates, one of which is to be accompanied with a duly noticed public hearing in orderto obtain
citizen input into the proposed vacation, and also requires the review of the Finance and Citywide
Projects Committee (FCPC), which item was heard during the FCPC 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. A copy of the planning
analysis is attached as Exhibit B. The Planning Department reviewed the six (6) criteria elements for
vacating Liberty Avenue and found these criteria to have been satisfied.
CONCLUSION
The Administration recommends Vacation of Liberty Avenue (Palm Avenue) between 22nd Street
(Ocean Avenue) and 23'd Street (Atlantic Avenue).
Exhibit A - Legal Description and Sketch of Survey
Exhibit B - Planning Analysis
JLM/MT/DM
yls srs 66pryr'isd lo ptou,d,rg excellent pubt,c 5errrce ord sofe|o ol n/,o .e ^o.l ond p.oy ,n 6s' ,,[1olt ttoptcot htslatrc conmvn]\
529
RESOLUTION NO.
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(ATLANT|C AVENUE), WHTCH tS A 50 FOOT tN
W!DTH R!GHT.OF.WAY, CONTAINING APPROXIMATELY
12,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE
PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTYOF THE MIAMI BEACH IMPROVEMENT COMPANY,
RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC
RECORDS OF MIAMI.DADE COUNry, IN FAVOR OF THE CITY
OF MIAMI BEACH, (THE APPLICANT); WAIVING BY 5/7rH
VOTE, THE GOMPETITIVE B!DDING AND APPRAISAL
REQUTREMENTS PURSUANT TO SECTION 82-39(A) AND (B)
OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST
WOULD BE SERVED BY WAIVING SUGH 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 lmprovement
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 22nd Street, 340 23'd
Street, 2200 Liberty Avenue, 224 23 Street, 245 22nd 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 Garag e" 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;
530
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'd Streets [the City owns lots 1-10 on Block 1 and owns loti 7 , g, 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 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 ("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) 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,
531
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 5t7th 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 MIAM! 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 lmprovement 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.
PASSED and ADOPTED this
ATTEST:
RafaelG. Granado, City Clerk
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
day of
L-1'(5
-
Dote
F:\ATTO\BOUE\Collins Park Parking Garage\Collins Avenue Parking Garage\First Reading Vacate Libery
Avenue ROW REVISED TITLE 1-20-15-Rev-ClP.doc
532
Exhibit A
AREA TO BE VAGATED:
LIBERTY AVENUE (PALM AVENUE) RIGHT.OF-WAY BETWEEN 22ND STREET
(ocEAN AVENUE) AND 23RD STREET (ATLANTTC 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 THEWEST BYTHE 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.
533
ti,
LOCATION SKETCH
NTS
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2, THIS SKETCH OF DESCRIPTION IS
NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF
A FLORIOA LICENSED SURVEYOR
AND MAPPER.
I
(ot J
3^k
oqtry
rrtrrr
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 OFTHE 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.(C) CALCULATED DIMENSIoN TT/P.NTS NOT TO SCALE(P) PLAT DtMENStoN
R/w RtcHT-oF-wAY
DEED BOOK
T'/PICAL
PAGE
DADE COUNTY RECORDS
PLAT BOOK
ia-t"1 . t,t
BRIAN T. EEIJINO DATE
OTY SJRVEYOR
STAIE OF FLORIDA
PROFESEXO{AL SURVEYOR AND MAPPM NO..1973
B.T
PG.
DCR
fr[;,-
*q^**o*,
Rr-liv
-$-,H
A i:-r i''
u ru"a,c woRxs DEPARTIIENT
/E [!AVIBEAft FL3]1!9
DRAWSY fl:_
CHECKED B T8
SCALE AS"SHOWN
REVISED .TITIE
LIBERTY AVENUE, 22ND TO 23RD STREET sM-2014M
SHEErIOF I
Sldch ol O6q UEn FiW V8ebn)
534
oo_z
iidtIEAI
=o< r<E
=?
:nb9
oz
lllllil$
o
CEu
=-<E
Eo
a
@
a
=E
_g
=
i
I
U:Zi
6i
6iN,
6iN;>i
<;
=iz:<i-ii
>i<ioi6ldi
f;IiFi
rulz\ol(rlI
535