20150211 SM2r915.2015
MIAMIBEACH
Gity Commission Meeting
SUPPLEM ENTAL MATERIAL 2
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 11,2015
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Comm issioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vislf us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are availabte in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R7 - Resolutions
R7B A Resolution Accepting The Recommendation Of The Finance And CihTwide Projects Committee
At lts 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 ls A 50 Foot ln Width Right-Of-Way, Containing Approximately 12,500 Square
Feet ln TotalArea, As Shown On The Plat Of Amended Map Of The Ocean Front Property Of The
Miami Beach lmprovement Company, Recorded ln Plat Book 5 At Page 7, Of The Public Records
Of Miami-Dade County, ln 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 lnterest Would Be Served By Waiving Such
Conditions. 10:35 a.m. First Readinq Public Hearinq
(Capital lmprovement Projects)
(Revised Memorandum)
1
THIS PAGE INTENTIONALLY LEFT BLANK
2
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 lts 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, Containing Approximately 12,500
Square Feet ln Total Area, As Shown On The Plat Of Amended Map Of The Ocean Front Property Of The Miami
Beach lmprovement Company, Recorded ln Plat Book 5 At Page 7, Of The Public Records Of Miami-Dade County,
ln 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(4) And (B) Of The City Code, Finding That The Public lnterest
Would Be Served Bv W Such Conditions.
Build and maintain infrastructure with full accoun
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summarv/Recommendation :
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, see attached Property Legal Description and Sketch (Exhibit A) and Adjacent
Properties Survey (Exhibit B).
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'o 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). 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 Libefi 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, 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 orderto 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 1 1.2015.
The Administration recommends of the resolution.
Board Recommendation:
Flnancial
lnformation:
Amount Account
OBPI Total
Financial lmpact Summary: N/A
David Martinez, Ert. 6972
Clerk's Office ve Track
,Libeny Avenue - ROW Vacal
AGENDA rrEru n7 B
DATE Z-,I-,7E MIAMIBEACH
ITEM SUMtulARY.docx
3
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SSION MEMORANDUM
TO:
FROM:
Mayor Philip Levine and Members the City rssron
Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, 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
(ATLANT|G AVENUE), WHTCH tS A 50 FOOT lN WTDTH RTGHT-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 APPRATSAL REQUTREMENTS PURSUANT TO SECTTON 82-39(A) AND (B) OF
THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY
WAIVING SUGH 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 lnc., for these firms to design the
proposed Collins Park Garage. The Garage has been designed with retailon the firstfloor, 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, see attached Property Legal Description and Sketch (Exhibit A) and
Adjacent Properties Survey (Exhibit B).
ANALYSIS
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
includei the development of a pedestrian plazawithin 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). 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 LibertyAvenue be vacated, title to
the vacated right-of-way would transfer to the adjacent property owners, which would be the City of
4
Commission Memorandum - Vacation of Liberty Avenue
February 11,2015
Page 2 o'f 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 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.
CONCLUS!ON
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 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 lnterest 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 ore ccmmitled to providing excellent public se,.vice ond safety to oll who live, work, ond ploy in our vibronl, tropicol, hisloric comnunitl
5
Exhibit A
AREA TO BE VACATED:
LIBERW AVENUE (PALM AVENUE) RTGHT-OF-WAY BETWEEN 22ND 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 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
NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION
NORTHERLY LINE OF BLOCK 2;
BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION
SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION
SOUTHERLY LINE OF BLOCK 2.
CONTAINING 12,500 SQUARE FEET MORE OR LESS.
OF THE
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LOCATION SKETCH
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SURVEYOR'S NOTES:
1. TH]S IS I.IOT A SIJRVEY.
2, THIS SKETCH OF DESCRIPTION IS
NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR
AND MAPPER.
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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 MIAIV1I 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 IINE 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 SOUARE FEET MORE OR LESS.
LEGEND & ABBREVIATIONS:
ORB. OFFICIAL RECORD BOOK DB DEED BOOK
TYPICAL
PAGE
DADE COUNTY RECORDS
PLAT BOOK
(c)CALCULATEO DIMENSION TYP,
NTS NOT TO SCALE
(P) PLAT DtMENStoN
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BRIAN T. BELLINO
CITY SUR\EYOR
STAIE OF FLORIDA
PROFESSIONAL SUR\EYOR
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Exhibit D
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PIANNING DEPARTMENT COMMISSION MEMORANDUM
To: Jimmy L. Morales, City Manager
FRoM: Thomas R. Mooney, AICP *
1W',
Planning Director
DATE: February 11,2015
SUBIECT Analysis of Proposed Right of Way (ROW) Vacation -
Liberty Avenue between 22nd Street and 23d 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 22nd Street (Ocean
Avenue) and 23'd Street (Atlantic Avenue). The right of way is 50 feet wide and contains
approximately 12,500 square feet in area. lt 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.
ANALYS!S
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 affardable parking, by continuing to
explore and implement creative and technolagically advanced methods of
parking provision and management fo satrsfy the need.
Policy 8.1: Continued Development of Parking
The City shall continue with the acquisition, construction and improvements
to municipal parking facilities as may be needed.
Policy 8.2: Public Private Paflnerships
The City shallcontinue fo seek public-private partnerships in the development
10
Analysrs of Proposed Right of Way (ROW) Vacation -
Libefty AvenLte between 22"d Street and 2{ Street
February 11.2015
2.
Page 2 of 3
of its parking facilities and intermodal centers.
Policy 8.4: Context Sensifive Parking Development
Off-street parking areas shall be located and designed in a manner that
supporfs and does not conflict with pedestrian and bicycle activity, such as fo
the side or rear of buildings.
The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced propefi 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 proiect 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 traflic 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.
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. lt will include ground level retail, which will create additionaljobs.
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.
The impact on adjacent properties, whether or not there is adequate parking,
3.
4.
5.
11
Analysis of Proposed Right of Way (ROW) Vacation -
Liberty Avenue between 22"d Street and 2* Streef
February I 1. 2015
street and infrastructure needs.
Page 3 of 3
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 22nd Street and 23'd Street
will generate no negative impacts for the surrounding area.
TRM/RAM
T:\AGENDA\2015\February\PUBLIC WORKS\Liberty Avenue ROW between 22nd Street and 23rd Street Vacation
Analysis.docx
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