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HomeMy WebLinkAboutSubmittal Power Point Presentation39th Street Investors Group, LLC PZ.33 (05-01227) Official Vacation and Closure of a Private Alley January 26, 2006 Introduction Applicant and Presentation Team • 39th Street Investors Group, LLC — Thomas W. Fawell, Stephane Herman VOA Architects — Richard Fawell, Dean Huspen Tew Cardenas, LLP — Santiago Echemendia, Suzanne 1:01esu • Background Tivoli Class II Approved on August 8, 2005 Settled with sole appellant (Bay Point Homeowners Association) Private Alley Vacation issue heard on December 1.1 2005 Commission continued to allow additional meeting between neighbors and Applicant Central Issue: Private Alley Closure Seeking vacation and closure of private North/South alley in middle of property known as Tivoli. • Private Alley is 14 feet wide and has been closed for 60 years. Alley cannot be used by Fire Department/Life- Safety due to nonconformance with Code. • Recommended for approval by Staff, Plat Committee, and Planning Advisory Board. • T-Plat Approved by the County. Central Issue (cont.) � Alley is Private: does not deprive public of any access or means of ingress/egress. Public Benefit to closure: Applicant providing extensive green space improvements, including shade trees, sidewalks, decorative lighting, and benches in the public right-of-way. Standard of Review City Commission, as quasi-judicial board, can't ignore, invalidate, or declare unenforceable the legislated criteria they utilize in making their determinations. • Decision can only be based on the local criteria enacted to govern Commission's actions. Miami -Dade County v. Orrrnipoint (863 So,Zd 375) Four Criteria under Section 55-15 (1): Is it in the public interest, or would the general public benefit from vacation of the rights of way or easements? Lourdes Slazyk: "...moving the easement for the fire department and making it something that's usable for circulation for fire was seen as a benefit. They also included street trees and furniture and some other things above and beyond the minimum requirements by code, and those are the things that were looked at and deemed to be in the public interest." (Dec. 1, 2005, Hearing Transcript, p. 104) Criteria under Section 55-15 (1) Is it in the public interest...(cont.) - Applicant providing: • Private Street Gardens • Public Street Trees • Public Benches • Improved Public Sidewalks • Pedestrian Walkway Lighting • Street Planting In Parkways Public Benefits 39th Street 1,11(1P SEj BUILDING = FAOFOSED FENCING NEN1RED MAPLE STREET TREE GRASS PARKWAY PEDESTRIAN LIGHTS BEND -ION CONCRETE PAT) BRN:IT PAVED WALK %1H STRE.CT Section NOTE RED MAPLES RAVE A FAST GROW I F{.RATE API] CAN GROW IQ TO 17 IN 5 TO 7 YEARS PUBLIC S TIFFITS • PRIVATE STREET GARDENS • PUBLIC STREET TREES • PU5'k' 1C BENCNES • IMPROVED PUBLIC SIDEWALKS • PEDESTRIAN WALKWAY LIORTING • STREET PLANT%G IN PARWAYS NEN RED MAPLE STP1fE 1 6it E - CONCRETE Y1All[ 15HPR L FVF1 711 i1NFINGS TE PAD Criteria under Section 55-15 • (1) Is it in the public interest...(cont.) - Applicant providing: • Fire Access Improvements • 12 inch water main serving 39th St. Neighborhood • Removal of unsightly telephone / FP'L poles • Underground utility service for Tivoli and Bay Point • Landscap'ing for both sides of 39th Street: •- streetscape amenities including decorative lighting, benches, etc. • New fire hydrants along the street • New self-contained storm water management system Criteria Under Section 55-15 2 Is the general public no longer using the rights of way or ent, including public service vehicles such as trash and ge trucks,police, fire and/or other emergency p 1 9 y vehicles? Private alley NEVER used by general public, garbage trucks, police, fire, and/or other emergency vehicles • NEVER used for Fire/Life-Safety services Closed for 60+ years Lourdes Slazyk: "Fire Department cannot use the alley the way it exists today, and moving the easement for the Fire Department and making it something that's usable for circulation for Fire was seen as a benefit." (Dec. 1 2005, Hearing Transcript, p. 104) Criteria under Section 55-15 (3) Would there be no adverse effect on the ability to provide police, fire or emergency services? - Current alley cannot be used by any of the above services. New circulation designed for maximum functionality with approval and consultation of Fire Department. (4) Would the vacation and closure of the rights -of way or easements have a beneficial effect on pedestrian and vehicular circulation in the area? . Yes. Vehicular circulation is greatly enhanced for life safety. Yes. Visual and structural improvements create greatly enhanced pedestrian -friendly environment. Closures of Public Alleys previously approved by City (1) • Paramount Bay (215t and Biscayne) — Improvements along the bay: improved sea wall, lights, benches, widened sidewalk Applicant's Project — Vast improvements along both sides of the street: shade trees, decorative lighting, benches, etc. Closures of Public Alleys previously approved by the City i Filling Station Lofts (NE 17th Sreet and NorthMiami Avenue) - Negative recommendation from Staff — Landscaping — Development of blighted area sufficient to satisfy public purpose - Commission focus on real economic development in blighted area. • Applicant's Project - Recommendation for Approval from Staff — Revival of neighborhood, Public Benefits, improved life -safety circulation — Economic development Photo of Blight - Closures of Public A11e s previously approved by the City (3) NE 17th Street and North Miami Court — Negative recommendation from Staff — Landscaping provided — City Commission focus was that M'USP (hike Class II in this case) was already approved, so City Commission kn6w what was going to be built on site. Historic policy concern being unable to ascertain what would be built on the site. Applicant's Project — Recommendation for Approval from Staff. — Class II already approved. — City Commission knows what is going to be built on the site. Vacations and Closures Approved Today (1) • Bh17gth1 Street LLC — N.E. 2nd Ave. between 78th and 79Ith Streets — Public Purpose was landscape park open to the public and facility providing affordable housing for the elderly, both of which are inherent to the project. • Applicant's Project — Over and above code requirements Vacations and Closures Approved Today (2) • ]ackson Residences, LLC — N.W. 13th St. between 9th and lOth Avenues — Public purpose was reparation of two historical columns at N.W. 1lt St. — Class II not yet approved • Applicant's Project — Class II approved vacations and Closures Approved Today (3) North Miami Avenue, LLC — N. Miami Ave between 34th and 35th Street — Public Benefit was open green space at west end of property — Class II not yet approved — Commission's concern was project may be out of scale in light of Miami 21 • Applicant's Project — Class II approved — Public Benefits over and above code requirements Opposition to Tivoli Project Bay Point Owners' Association Filed appeal of Class II, settled, and withdrew appeal. v Settlement Agreement concessions include: • 50 foot height limit • Utilities to be buried underground • Extensive high quality landscaping along abutting Bay Point Parcels Opposition to Tivoli Project Individual Bay Point homeowners •No standing to challenge alley closure Claim under 1916 Second Arnended Plat invalid; prior plat does not give rights to Bay Point because they are not part of the plat. Opposition to Tivoli Project F Magnolia Park Residents Lost rights they may have had under plat in 1972: * "As to all plats of subdivided Tots heretofore recorded in the public records of each county, the holder of any interests in any reversionary rights in streets in such plats, other than the ownersof abuttinglots shall have one year from 1, , a July, 1972, to institute in a court of competent jurisdiction in this state to establish or enforce the right, and failure to institute the action within the time shall bar any right, title, or interest, and all right of forfeiture or reversion shall thereupon cease and determine, and become unenforceable." (Section 177.085, Florida Statutes). What can be built as of right if closure alley not approved (confirmed by Lourdes Iazyk on December 1, 2005): Property with SD-9 Overlay Approximately 114 units; 95 foot Height; FAR of 1.72. (City would have no say in design.) R-3 Parcels separated by alley from water 71 units; 5 stories; 50 foot height. (City would have no say in design.) • R-3 Parcels between alley and water r Class II required for 5 story, 70 unit building. • Total number of units as of right: About 250 Conclusion Vacation and Closure of unused Private Ailey furthers significant public purpose and benefit: p Provides numerous public improvements r Enhances fire/life-safety circulation r Meets all Code criteria under Section 55-15 We therefore ask that you approve closure of this private alley. Thank you. Reserve time for rebuttal.