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HomeMy WebLinkAboutLetter of IntentM ITCHELL BOE"RMAN, P.A. NINA. L. 542 SKE, .A- M1TCPELL v, 5Llf£NST„iN, P.A. JAM9IE ALAN COL E. P.A. STEPHEN J. HLLPMAN, P.A. GILPERTO PASTORIZA, P.A. MICHAEL S. PDPOK, P.A. JOSEPH H. SERCTA, P.A. SUSAN L. TREVARTHEN, P.A. FZiCHARO JAY WEISS. F.A. GA'x'-.D 5. WOLPIN, P,A. DAN k£'.. L- ASSCTT LYNN M. GANNHE'.SSEP iGNACIO G. DEL VA_L LE ALAN L. GABRIEL DOUGLAS R. GONZALES MATTHEW H. MANDEL BRETT J. SCSNEIDER MELISSA P. ANDERSON" LILLIAN ARANGO DE LA HOZ' JEFF P.H. CAZEA1 -EROTA H ELFMAN F_AS O IZ:. COLS 8c EONIS E, Pay. ATTORNEYS AT LAW A PROFESSIONAL L`MSTE0 LIABILITY COMPANY iNCLUD;NG PROFESSIONAL ASSOCIATIONS MJAPSI-DADS OFFICE 2525 PONCE 05 LEON 3CULEVA6RD 0095E 700 CORAL GABLES, F L0 1DA 3.3134 TELEPHONE 305-854-0800 FACSIMILE 305.854-2323 WWW. aNSH-LAW.COM BROWAFi.D OFFICE 200 EAST BROWARC SOULEVARC " SUITE 1900 FORT LAUDERDALE, FLORIDA 333Qi TELEPHONE 954-753-4242 a FACSIMILE 954.754-7770 VIA HAND DELIVERY Ms. Teresita Fernandez City of Miami Hearing Boards 444 SW 2nd Avenue, 7th Floor Miami, Florida 33130 *OF COUNSEL October 5, 2007 RAOUEL ELEJASARP€ETA- CHAD S. FR)EOMAN JOHN J. 15.E NORICK !!1 HARLENE S1LVE45 KENNEOY KAREN LIESERMAN" J©HANN.A M. LUNDGREN APNDREW W. MA; PAN) 5AUGHA5 ALEXANDER L. PALENZUELA.MAUS!' ,DOHS .J, Q1105 ANTHONY L. 6REC IO SCOT A. ROBIN GAIL D. SE#OTA* JONATHAN C. 5HALARE5 ESTP.ELLITA 5. SISILA EOLIARDO M. SOTO FLETA A. STAMEN MICHAEL L. STINES NANCY STUPARICH' STEVEN E. TAYLOR PAUL S. V1CRRY LAURA K. WENDELL* JAMES E. WHITE Re: Application for Official Vacation and Closure of a Public Right of Way for the Southern Waste Systems, LTD property (the "Application"). Dear Ms. Fernandez: Our firm represents Southern Waste Systems, LTD ("SWS") in connection with the above referenced Application. SWS is the owner of the properties located at 2000- 2010 N. Miami Avenue and 2021-2025 N.W. Miami Court (the "Property"). SWS currently operates a clean fill distribution facility on the southern portion of the Property abutting N.W. 20 Street. SWS recently acquired the balance of the Property in order to convert the distribution facility into a recycling facility of construction and demolition debris including steel, wood and concrete. In order for SWS to construct the new facility it needs to unify and secure the site. This effort requires the vacation and closure of the alleys which currently traverse the Property and impede the construction of the facility. SWS intends to close the twelve (12) foot alley located between N. Miami Avenue and N.W. Miami Court north of N.W, 20 Street and the twelve (12) foot alley running parallel to N. Miami Avenue and N.W. Miami Court, between Lots 7 and 8 and Lots 9 and 10 (the "Alley"). SWS is the owner of all properties which abut the Alley. Ms. Teresita .Ferna d— November 5, 2007 Page 2 Section 55-15 (c)(1) of the City of Miami Code of Ordinances sets ftirt`ri the standards for vacating and closing roads. For the reasons stated below, we believe that the vacation and closure of the Alley is in the public interest, provides a public benefit and is justified in order to provide the unified site for the recycling facility. (1) The vacation of the Alley is in the public interest and will benefit the general public in that: i. SWS is the largest recycler of construction debris in South Florida. The recycling of construction and demolition debris including steel, wood and concrete, on average, diverts in excess of 80% of construction and demolition debris that would otherwise be considered post-consurner waste and would go directly to the City's landfill and incinerators. Instead, these materials are recycled and reenter the stream of commerce without the need to tap into our limited natural resources; ii. The practice of recycling construction and demolition debris is a concept encouraged by the U.S. Green Building Council as well as other organization which support sustainable building and environmental practices. See information related to Material and Resource Credit 2.1 and 2.2 under the Leadership in Energy and Environmental Design (LEED®) green building rating system. The City of Miami is contemplating the implementation of the LEED Certification standards in the Miami 21 code. This recycling facility will provide an opportunity for meeting these specific credit requirements set forth in the LEED rating system; iii. There will be decreased impacts on municipal services such as police and fire rescue since the entire property will be secured and will no longer be attractive to peddlers, vagrants and squatters. Please see the enclosed photos showing evidence of improper use of the Alley by other parties; and iv. The recycling facility will create new job opportunities in an area where jobs are greatly needed. (2) The general public no longer uses the Alley, including public service vehicles such as trash and garbage trucks, police, fire and/or other emergency vehicles. The Alley is not paved, does not have curb cuts and does not provide vehicular access. Access is further prohibited by the utility pole which lies at one end of the Alley at N. Miami Avenue prohibiting the passage of cars and service vehicles. (3) No adverse effect on the ability to provide police, fire or emergency services will occur since the Alley is currently not accessible to any of the aforementioned parties. The proposed Plat provides ample access to the site for fire, police and ernergency WEISS SEROTA HELFMAN PASTORIZA COLE 8( EONISKE, P.L. Ms, Teresita Fernandez November 5, 2007 Page .3 vehicles since it is bordered on three sides by dedicated public right of way, tees N. Miami Avenue to the east, NW. 20 Street to the south and N.W. Miami Court to the west, (4) The vacation and closure of the Ailey will have favorable effect on pedestrian and vehicular circulation in that the closure of the Alley will not create additional traffic impacts on N.W. Miami Court, N. Miami Avenue or N.W, 20 Street. Since there is no traffic which uses the Alley, no traffic impacts can be generated by its vacation and closure. As per the Application requirements, we have enclosed the following documents for your review and consideration: © two (2) copies of the tentative plat o two (2) boundary surveys o two (2) sketch surveys showing the area to be vacated and closed © four (4) photos showing the property and the Alley to be vacated o copy of the deeds o Proof of paid status of the current year's tax information a Exhibit "A" showing the legal description of the area to be vacated o attorney affidavit o disclosure of interest o certified partnership resolution o property ownership list o opinion of title We look forward to your favorable review of this matter. Thank you for your anticipated cooperation. Please call me if you have any questions or require additional information. Very truly.yaurs, Gilberto Pastorizd GPIms 1303001 Enclosures cc: Sandy Pollack (without enclosures) WEISS SEROTA HELFMAN PASzOR..iZA BOLE & i0NISEE, MR Credit 2 1 x Construc From Disposal 1 Point aste Management: Divert 50% Intent Divert or struction, demolitio and land -clearing debris from disposal ire landfills and incinerators. Rediree recyclable recovered resources back to the manufacturing process, Redirect reusable materials to appropriate sites. Requirements Recycle and/or salvage at least 50% of nonhazardous construction and demolition debris. Develop and implement a construction waste manasgement plan that, at amininum, identifies the materials to be diverted from disposal and whether the materials will be sorted on -site or co - mingled. Excavated soil and land -clearing debris do not contribute to this credit. Calculations can be done by weight or volume, but must be consistent throughout. Potential Technologies & Strategies Establish goals for diversion from disposal in landfills and incinerators and adopt a construction waste management plan to achieve these goals. Consider recycling cardboard, metal, brick, acoustical tile, concrete, plastic, clean wood, glass, gypsum wallboard, carpet and insulation. Designate a specific area(s) on the construction site for segregated or comingled collection of recyclable materials, and track recycling efforts throughout the construction process. Identify construction haulers and recyclers to handle the designated materials. Note that diversion may include donation of materials to charitable organizations and salvage of materials on -site. LEED for New Construction Version 2.2 October 2005 - Reg is a EA s° cdon pm.) w . r }ist r d after en . o e 26 2007 51. MR Credit 2 2: Construction Waste Management: Divert 75% From Disposal 1 Point in addition to MR Credit 2.1 Intent Divert construction and demolition debris from disposal in ?ar dfills and incinerators. Redirect recyclable recovered resources back to the manufacturing process. Redirect reusable materials to appropriate sites. Requirements Recycle and/or salvage an additional 259/0 beyond MR Credit 2. i (75% total) of non -hazardous construction and demolition debris_ Excavated soil and land -clearing debris do not contribute to this credit. Calculations can he done by weight or volnrne, but must be consistent throughout. potential Technologies & Strategies Establish goals for diversion from disposal in landfills and incinerators and adopt a construction waste management plan to achieve these goals. Consider recycling cardboard, metal, brick, acoustical tile, concrete, plastic, clean wood, glass, gypsum wallboard, carpet and insulation. Designate a specific area(s) on the construction site for segregated or commingled collection of recyclable materials, and track recycling efforts throughout the construction process. Identify construction haulers and recyclers to handle the designated materials. Note that diversion may include donation of materials to charitable organizations and salvage of materials on -site. LEED for New Construction Version 2.2 October 2005 - Revis d EA section after Jun N 0.f 52