Resolutions - C7 G
|TO:||Honorable Mayor and Members of the City Commission|| |
|FROM:||Jimmy L. Morales, City Manager|| |
|DATE:||June 7, 2017|
|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), ATTACHED AS EXHIBIT 1,
BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT), WHICH WOULD CONVEY FULL LANDSCAPE MAINTENANCE
RESPONSIBILITIES TO THE CITY, FOR THE ENHANCED LANDSCAPING ON
SOUTHBOUND AND NORTHBOUND SR-A1A (COLLINS AVENUE & INDIAN
CREEK DRIVE), BETWEEN 32ND STREET AND 35TH STREET WITHIN THE
FAENA DISTRICT; AND THE OWNERS OF 3201, 3315, 3400, 3420, 3425 AND
3500 COLLINS AVENUE AND 3301 INDIAN CREEK DRIVE (THE "PROPERTY
OWNERS"), AND HAVE ALREADY EXECUTED AN AMENDED DECLARATION
OF RESTRICTIVE COVENANTS, ATTACHED HERETO AS EXHIBIT 2, WHICH
COVENANT TRANSFERS RESPONSIBILITY TO THE ADJACENT PROPERTY
OWNER OF THE LANDSCAPING IMPROVEMENTS AND MAINTENANCE COSTS
ASSOCIATED WITH THE MMOA.|
|The Administration recommends adopting the Resolution.|
|The City of Miami Beach under Historical Preservation Board file No.7510, requested that the proposed development at 3201, 3315, 3400, 3420, 3425, and 3500 Collins Avenue and 3301 Indian Creek Drive (FAENA Development) improve the area between 32nd and 35th Streets along Collins Avenue and Indian Creek Drive right-of-way with landscaping. The landscaping includes decorative sidewalks and landscaping as outlined the attached exhibits. Pursuant to this request, FDOT has approved the development’s request for work within the Collins Avenue and Indian Creek rights-of-way.
FDOT allows private development to install minimal landscaping along urban corridors as part of a private development project as long as the municipality involved agrees to execute a Landscape Maintenance Memorandum of Agreement (MMOA) with FDOT, accepting full maintenance responsibility over the landscaped area. Miami Beach has executed several similar agreements in the past where minimum landscaping was installed. Specifically, City Commission Resolution 2012-27899 approved a similar agreement for maintenance of landscaping, irrigation and bonded aggregate along Alton Road from 5th Street to Michigan Avenue.
Current city ordinance requires the adjacent property owner to maintain all items to the back of curb. In addition to adherence to approved site plans, to clarify that level of maintenance, the City will have the property owner record a covenant regarding their responsibility to adequately maintain these items.
The private development is nearly completed, and work in the right-of-way is expected to be completed shortly after this agreement is approved.
The Administration recommends that the Mayor and City Commission adopt the Resolution.
• Exhibit (1) Landscape Maintenance Memorandum of Agreement (MMOA)
• Exhibit (2) Declaration of Restrictive Covenants
• Historic Preservation Board Order File 7510