Alton Road Development, LLC (the Owner) is the property owner of 709 Alton Road. The City of Miami Beach requested that the proposed development at 709 Alton Road (Baptist Health) improve the area between the back of curb and the edge of the Alton Road right-of-way with landscaping. The landscaping includes eleven Live Oak trees with White Fountain Grass as understory plantings.
Alton Road falls within the jurisdiction of the Florida Department of Transportation (FDOT). Pursuant to this request, FDOT has approved the developer's request to work within the Alton Road right-of-way.
FDOT policy allows private developments to install minimal landscaping along urban corridors, as part of its development project, as long as the municipality involved agrees to enter into a Landscape Maintenance Memorandum of Agreement (MMOA) with FDOT, which would convey maintenance responsibilities for the enhanced features installed along the right-of-way to the City after the project is installed.
The City of Miami Beach has also executed several similar agreements in the past, where minimum landscaping has been installed (i.e City Commission Resolution No. 2012-27899, an agreement for maintenance of landscaping, irrigation and bonded aggregate along Alton Road from 5th Street to Michigan Avenue).
The City of Miami Beach Ordinance requires the adjacent property owner to maintain all items to the back of curb, as well as to adhere to approved site plans, clarifying the level of maintenance. The City also requires the Owner to record a covenant (the "Declaration") regarding their responsibility to adequately maintain these items to ensure maintenance and reimbursement to the City of any costs incurred due to the installation and maintenance of the enhanced landscaping abutting the Property on Alton Road.
The Declaration is consistent with the requirements of Section 98-166 of the City Code, for the Owner to maintain the sidewalks and landscaping fronting the Property.