| | | | | | | |  | Resolutions - C7 B
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | May 13, 2020 | | | |
| | SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSFER FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) OF THE PUBLIC RIGHT OF WAY OF RUE VENDOME, LOCATED BETWEEN NORMANDY DRIVE AND 71ST STREET, AS REFLECTED ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP OF SECTION 87080-2503, FOR STATE ROAD 934 F/K/A STATE ROAD NO. 828, RECORDED ON APRIL 23, 1965, IN MAP BOOK 79, AT PAGE 30; SAID RIGHT OF WAY ORIGINALLY DEDICATED FOR PUBLIC USE (TO THE CITY) ON THE SUBDIVISION PLAT OF THE OCEAN SIDE SECTION OF THE ISLE OF NORMANDY BEACH PROPERTIES CORPORATION, RECORDED ON JUNE 6, 1928, IN PLAT BOOK 25, AT PAGE 60, ALL OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY STEPS AND EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE THE TRANSFER OF THE RUE VENDOME RIGHT OF WAY TO THE CITY. |
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| | | | | | | | BACKGROUND/HISTORY
| In 2016, the City adopted, The North Beach Master Plan which recommended that the area around the Normandy Isle Fountain be transformed into a vibrant pedestrian oriented plaza, for community building and streetscape activation.
In 2017, the City commissioned a professional engineering consultant for the design of the permanent closure and pedestrian plaza, which includes the removal of the existing asphalt paving, concrete curb and gutters, adjacent sidewalks and walkways, up to and surrounding the fountain, and raising the area using new white concrete pavement, and permeable pavers. Oolite stone benches, steps, and ramps have been designed to harmonize the elevated plaza with adjacent commercial properties to the west. The existing landscaping will be supplemented with new shade trees, shrubs and ground cover throughout the space. New lighting at the plaza is designed, mounted on structural poles, to facilitate decorative lights and future artistic displays. Landscape furniture (benches, trash and recycle receptacles) is also included.
In April 2018, the City enacted this transformation, with the temporary closure of Rue Vendome, between 71st Street and Normandy Drive, through Florida Department of Transportation (FDOT) permit, FDOT2017-K-691-060, with the painting of an art deco sunburst mural on the asphalt paving and the placement of planters to restrict traffic from the area. Various initiatives to activate the street have been undertaken by the Tourism and Culture department. With the success of these events, the city is moving forward with the permanent closure of Rue Vendome, in this area, and the creation of a public plaza, at the level of the sidewalk.
On March 5, 2020, upon receipt of permits FDOT2019-C-691-00002 and FDOT2019-H-610-01334 from FDOT, 2019-DTM-MISC-00026 from Miami-Dade County DERM, and from the City of Miami Beach; RWP0220-5422 from the Public Works Department, UF2019-0472 from the Urban Forestry Division and ELC19-05895 from the Building Department, construction for the new public plaza began.
On April 13, 2020, FDOT notified the City that the subject public Right of Way as depicted in Exhibit “A”, is part of the State Highway system. A transfer of the Right of Way, on that portion of Rue Vendome, bounded by Normandy Drive and 71st Street to the North and South, from FDOT to the City of Miami Beach, would be required as a condition for the current improvements.
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| | | | | | | | ANALYSIS
| In l928, the Right of Way of Rue Vendome, between Normandy Drive and 71st Street, as part of the original plat for the neighborhood, was initially dedicated “to use of the public”, as set forth in the Dedication section of the Ocean Side Section of the Isle of Normandy, Normandy Beach Properties Corporation Plat, recorded in O.R. Book 25, at Page 60.
On April 23, 1965, the State of Florida Department of Transportation recorded a Right of Way map for State Road 828, identifying the two way pairs, Normandy Drive and 71st Street as part of the State of Florida road system, but does not specifically identify the portion of Rue Vendome, which is the subject of the project. On October 12, 1967, the State of Florida annexed the roads in question as part of the state primary roadway system (two-way pairs).
On March 16, 1983, pursuant to a Florida Road Numbering Plan, the easterly artery of the Normandy Drive and 71st Street was renamed State Road 934 (one-way pairs). The Normandy Road and 79th/81st/71st Street corridors are referred to as SR 934 by FDOT references. There is no reference to any portion of Rue Vendome as SR 934.
The City has improved, maintained and repaired the Rue Vendome Right of Way, to the exclusion of the signage provided by the State of Florida. However, recent review of the State Right of Way Map by the City’s Surveyor and City Attorney's Office, has determined that the state’s map can be reasonably interpreted to include the area in question of Rue Vendome, as part of the Normandy Drive and 71st Street State Highways.
Florida Statutes Section 335.0415(5) (Public road jurisdiction and transfer process), states, in material part, that “effective as of July 1, 1995, in order to take effect, all transfers of public roads to or from the State Highway System must be by mutual agreement of the affected governmental entities and approved by the Secretary of the Florida Department of Transportation.” This statute fixed the designation of the state, county, and municipal road systems as they were on June 10, 1995. As of this date, pursuant to the State Right of Way Map, FDOT claims to own that segment of Rue Vendome in question.
FDOT therefore requires the transfer of the Right of Way of Rue Vendome, between Normandy Drive and 71st Street, from FDOT to the City of Miami Beach, as a condition of the permits for construction.
Pursuant to Florida Statutes Section 335.0415(5), the procedure to transfer Rue Vendome to the City requires an agreement between the State and the City, including a City Resolution authorizing formal acceptance of this road, and the approval by the Secretary of the Florida Department of Transportation. Additionally, pursuant to Section 335.02(1), this process would also require the State of Florida to conduct a public hearing in Miami-Dade County, as the affected county.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the resolution. |
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| | | | | | | | Applicable Area
| | North Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Strategic Connection
| | Neighborhoods - Enhance the beautification, physical appearance and cleanliness of neighborhoods. |
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Capital Improvement Projects |
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