A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN CONCEPT, RESTRICTIONS ON THE USE OF THE THREE CITY-OWNED WATERFRONT PARCELS DIRECTLY EAST OF THE NORTH SHORE BRANCH LIBRARY SITE LOCATED AT 7505 COLLINS AVENUE AND 7515 COLLINS AVENUE (THE “LIBRARY SITE”), TO ENSURE THE USE OF THE WATERFRONT PARCELS FOR OPEN SPACE AND RECREATION PURPOSES FOR THE BENEFIT OF THE PUBLIC, AS GENERALLY DEPICTED IN THE SKETCH ATTACHED TO THIS RESOLUTION, WITH (1) THE NORTHEASTERN SECTION OF THE WATERFRONT PARCELS (AREA “A”) TO SOLELY BE USED FOR OPEN SPACE PURPOSES, RECREATIONAL USES, BEACH ACCESS, AND/OR BEACHWALK CONNECTIVITY BETWEEN ALTOS DEL MARK PARK AND THE FUTURE OCEAN TERRACE PARK/STREETSCAPE PROJECT; AND (2) THE SOUTHWESTERN SECTION OF THE WATERFRONT PARCELS (AREA “B”) TO BE USED SOLELY IN FURTHERANCE OF PARK PURPOSES OR RELATED FOOD SERVICE CONCESSIONS, WITH ANY BUILDING THEREON TO BE LIMITED TO UP TO TWO STORIES, WITH A MAXIMUM HEIGHT OF UP TO THIRTY (30) FEET (INCLUDING ROOFTOP STRUCTURES); FURTHER, AUTHORIZING THE ADMINISTRATION AND CITY ATTORNEY TO DRAFT A DECLARATION OF RESTRICTIVE COVENANTS AND GRANT OF EASEMENT TO IMPLEMENT THIS RESOLUTION, WITH THE WATERFRONT PARCELS TO CONTINUE TO BE USED AS A PARKING LOT UNTIL THE RELOCATION OF THE NORTH SHORE BRANCH LIBRARY AND THE OPENING OF THE PARKING GARAGE AT THE 72ND STREET COMMUNITY COMPLEX.

The attached Resolution was prepared at the request of Commissioner Richardson.

At the September 17, 2021 City Commission meeting, the Mayor and City Commission will consider whether to issue a Request for Proposals for the future development of the North Shore Branch Library Site located at 7505 Collins Avenue and 7515 Collins Avenue (the “Library Site”), following its relocation to the 72nd Street Community Complex (the “RFP”).

The waterfront parking lot located directly east of the Library Site is comprised of three (3) separate parcels (the “Waterfront Parcels”). Pursuant to Section 1.03(b)(1) of the City Charter, which provides that the sale, exchange, conveyance, or lease of ten (10) years or longer (including option periods) of City-owned park, recreation, or waterfront property shall require approval by a majority vote of the voters in a City-wide referendum, the Waterfront Parcels cannot be sold without voter referendum approval.

The proposed Resolution would approve, in concept, additional restrictions on the use of the Waterfront Parcels, primarily for open space and recreation purposes as set forth more fully below, and would direct the City Administration and City Attorney to draft a Declaration of Restrictive Covenants and Grant of Easement to restrict the use of the Waterfront Parcels as follows:

• The northeastern section of the Waterfront Parcels, depicted as “Area A” in the exhibit attached to this Resolution, shall be dedicated for open space purposes, passive recreation use, and to provide continued access to the beach and connectivity between the Altos Del Mark Park to the North, and the future Ocean Terrace Park/Streetscape Project to the South; and

• The southwestern section of the Waterfront Parcels, depicted as “Area B” in the exhibit attached to this Resolution, shall be used solely in furtherance of either recreational/park purposes or related food service concessions, with any building constructed thereon to be limited to up to two stories, with a maximum height of thirty (30) feet (including rooftop structures).

The proposed restrictions on the use of the Waterfront Parcels are intended to make the City-owned property located at 7505 Collins Avenue and 7515 Collins Avenue (namely, the Collins Avenue-fronting lots) more valuable, and thereby generate greater proceeds to the City in the event the City Commission approves any sale thereof, while also serving the public purposes of recreation and beach access.