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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13971 Date: 05/04/2023 Commission Meeting Date: 01/25/2024 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute Aerial Easement - NE 55 ST Pedestrian Bridge Purpose of Item: A resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute an Aerial Easement ("Easement"), in substantially the attached form, with Rosa 55 Morningside LLC for a pedestrian bridge over and across the City of Miami's right-of-way known as Northeast 55 Street between 5445 Biscayne Boulevard and 5501 Biscayne Boulevard Miami, Florida pursuant to section 55-14 of the code of the City of Miami, Florida, as amended ("City Code"), with certain user fees required by section 55-14 of the City Code. Authorizing the City Manager to take all actions necessary to accomplish the granting of the easement. Approving and authorizing the recordation of the easement in the Public Records of Miami -Dade County, Florida. Background of Item: Rosa 55 LLC has applied for certain zoning approvals to allow a mixed -use project at 5445 Biscayne Boulevard and 5501 Biscayne Boulevard. NE 55 Street runs in between 5445 Biscayne Boulevard and 5501 Biscayne Boulevard and separates the parcels. Resolution 91-667 directed the permanent prohibition of vehicular access to certain streets in the Morningside neighborhood, inclusive of NE 55 Street. The project design includes two buildings with a total building area of 51,311 square feet and a pedestrian bridge over NE 55 Street. The pedestrian bridge would span over a portion of NE 55 Street in order to connect the two buildings, as described in Exhibit "A". The area of the pedestrian bridge encroachment is approximately 1,000 square feet. The applicant has applied to the City of Miami to allow the proposed pedestrian bridge to encroach over the NE 55 Street right-of-way pursuant to City of Miami Code Section 55-14. The Department of Resilience and Public Works has reviewed the proposed plan and the proposed encroachment pursuant to the applicable criteria. Pursuant Section 55-14(b), the applicant has provided appraisals prepared by Slack, Johnston & Magenheimer, Inc. to the properties on either side of NE 55 Street. The appraisal finds that the total land value of the adjacent land is $4,750,000 and the value of the land per square foot of building area is $92.57. The appraisal dated July 28, 2022 has been evaluated and accepted by the Department of Real Estate and Asset Management. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission City Commission City Commission City Commission City Commission City Commission City Commission Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Clerk Reviewed B Works 05/25/2023 10:40 AM Luis Hernandez -Torres Marie Gouin Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Elizabeth Hernandez Victoria Mendez Joseph Castro Joseph Castro Joseph Castro Nicole Ewan IQM2 Admin Todd B. Hannon Nicole Ewan Valentin J Alvarez Elizabeth Hernandez Victoria Mendez City Clerk's Office Juvenal Santana Budget Analyst Review Budget Review Deputy City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Meeting Meeting Meeting Meeting Meeting Meeting Legislative Division Review ACA Review Approved Form and Correctness Rendered Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed with Modification(s) Completed 05/26/2023 9:24 AM 05/26/2023 12:00 PM 05/26/2023 2:29 PM 05/30/2023 7:57 AM 05/30/2023 9:05 AM 05/30/2023 11:23 AM 05/30/2023 5:05 PM 06/08/2023 9:00 AM 07/13/2023 9:00 AM 07/27/2023 9:00 AM 10/26/2023 9:00 AM 12/14/2023 9:00 AM 01/11/2024 9:00 AM 01/25/2024 9:00 AM 01/30/2024 2:21 PM 01/30/2024 4:33 PM Completed 02/07/2024 12:13 PM City of Miami Legislation Resolution Enactment Number: R-24-0045 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13971 Final Action Date:1/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. WHEREAS, Rosa 55 Morningside LLC ("Applicant") has applied for certain zoning approvals to allow a mixed -use project ("Project') at 5445 Biscayne Boulevard and 5501 Biscayne Boulevard, Miami, Florida; and WHEREAS, Northeast 55 Street runs in between 5445 Biscayne Boulevard and 5501 Biscayne Boulevard and separates the parcels; and WHEREAS, Resolution R-91-667, adopted on September 11, 1991, directed the permanent prohibition of vehicular access to certain streets in the Morningside neighborhood, inclusive of Northeast 55 Street; and WHEREAS, the Project design includes two (2) buildings with a total building area of 51,311 square feet and a pedestrian bridge over Northeast 55 Street; and WHEREAS, the pedestrian bridge would span over a portion of Northeast 55 Street in order to connect the two (2) buildings, as described in Exhibit "A," attached and incorporated; and WHEREAS, the area of the pedestrian bridge encroachment is approximately 1,000 square feet; and WHEREAS, the Applicant has applied to the City of Miami ("City") to allow the proposed pedestrian bridge to encroach over the Northeast 55 Street right-of-way pursuant to Section 55- 14 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Department of Resilience and Public Works ("Department") has reviewed the proposed plan and the proposed encroachment pursuant to the applicable criteria; and WHEREAS, pursuant Section 55-14(b) of the City Code, the Applicant has provided appraisals prepared by Slack, Johnston & Magenheimer, Inc. to the properties on either side of Northeast 55 Street; and WHEREAS, the appraisal finds that the total land value of the adjacent land is $4,750,000 and the value of the land per square foot of building area is $92.57; and WHEREAS, the appraisal dated July 28, 2022 has been evaluated and accepted by the Department of Real Estate and Asset Management; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission, after considering the criteria described in Section 55- 14 of the City Code, finds that the encroachment may be permitted. Section 3. The City Commission further finds that the one-time fee to allow the encroachment based on the value per square foot is $92,570.00 and shall be paid by the Applicant to the City prior to obtaining a building permit for the proposed pedestrian bridge. Section 5. Prior to issuance of a building permit, Applicant shall execute and record a Covenant Running with the Land ("Covenant"), accepted by the City Commission pursuant to Resolution No. R-24-0046, attached and incorporated as Exhibit "B," in accordance with Section 55-14(d) of the City Code, whereby it agrees to indemnify, defend, save, and hold harmless the City from any claims, demands, or liabilities of any nature whatsoever arising out of the construction and maintenance of said pedestrian overpass and signage, said Covenant to conform with requirements of the City's Resilience and Public Works Department and to be in a form acceptable to the City Attorney. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 5/30/2023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.