Item Coversheet

Resolutions - C7  Z




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:September  16, 2020
 



SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT ("MMOA") BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND SUKKAH MIAMI BEACH ACQUISITIONS LLC, A DELAWARE LIMITED LIABILITY COMPANY ("OWNER"), TO DESIGN, CONSTRUCT, AND INSTALL LANDSCAPING AND ASSOCIATED IMPROVEMENTS ("IMPROVEMENTS") ON THE PROPERTY AND IN CERTAIN PORTIONS OF THE PUBLIC RIGHT-OF-WAY ABUTTING THE PROPERTY, LOCATED AT 4000 COLLINS AVENUE ("PROPERTY"); AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS TO TRANSFER RESPONSIBILITY OF THE LANDSCAPING IMPROVEMENTS AND MAINTENANCE COSTS ASSOCIATED WITH THE MMOA TO THE OWNER, IN CONNECTION WITH THE REDEVELOPMENT OF THE PROPERTY AS A HOTEL DEVELOPMENT. 

RECOMMENDATION

The Administration recommends approving the Resolution.

BACKGROUND/HISTORY

The applicant, Sukkah Miami Beach Acquisitions LLC, a Delaware Limited Liability Company, is the owner of the property located at 4000 Collins Avenue, as identified by Miami-Dade County Folio No. 02-3226-001-1930. The Owner has obtained certain development approvals from the City in connection with the redevelopment of the Property as a hotel development.

 

The Historical Preservation Board (File No. HPB17-0097), requested that the proposed Continental Hotel development at 4000 Collins Avenue install landscaping encroachments in the public right-of-way.

 

The City requires that the Owner design, construct, and install landscaping and associated improvements on the Property and in certain portions of the public right-of-way abutting the Property, in accordance with the Hardscape Plan, Planting Plan, Plant List and Specifications, Irrigation Plan, Irrigation Specifications, and Lighting Plan.

 

The Owner has applied to the City for permission to install the improvements within the right-of-way, according to these Plans. The Florida Department of Transportation (FDOT) has jurisdiction over State Road (SR) 112 West 41st Street, from Indian Creek Drive to Collins Avenue, which abuts the Property. Pursuant to this request, FDOT has approved the development’s request for work within 41st Street right-of-way.

ANALYSIS

FDOT allows private development to install landscaping along urban corridors as part of a private development projects, as long as the municipality agrees to execute a Landscape Maintenance Memorandum of Agreement (MMOA) with FDOT, accepting full maintenance responsibility of the landscaped area.  The City of Miami Beach has executed several similar agreements in the past where landscaping was installed. 

 

Current City ordinance requires the adjacent property owner to maintain all items. In addition to adherence to approved site plans, the City will have the property owner record a covenant regarding their responsibility to adequately maintain these items as required by FDOT  at no cost to the City.

 

Results from the 2019 Resident Survey related to perception satisfaction of the City show that 79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to live; and 70% were very satisfied/satisfied with the overall image of the City.  In order to continue maintaining excellent standards in this area, the City recommends the approval of this Resolution.

Applicable Area

North Beach
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 
Legislative Tracking
Public Works

ATTACHMENTS:
Description
Exhibit 1 - DRAFT MMOA with FDOT
Exhibit 2 - DRAFT Declaration of Restrictive Covenants.
Landscaping Plans
Resolution & Agreement