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HomeMy WebLinkAboutPublic Comment Submitted at PZAB on 06.17.2020June 17, 2020 Planning, Zoning and Appeals Board — Public Comment Submitted Into The Record Date: 6/17/20Fi le ID: 7298 Recorded Date: 6/15/2020 7:34:17 AM Item: PZAB.1 - File ID 7298 - Street Closure Generally Located South of NE 30 St, West of Biscayne Blvd, North of NE 29 St, and East of NE 2 Av First Name: Carrie Last Name: Henry Email: carrie.henrv@blaxgray.com Address: 25 SE 2nd Ave, Suite 730 Miami, FL 33131 Are you a lobbyist? No If yes, have you registered? My name is Carrie Henry and I represent the owner of the property located at 235 N.E. 29th Street (Midtown Plaza) (lot 12, block 12), which would be directly and negatively affected by this petition. For more specific reference, my client owns the property at the southeast corner of Tract A referenced in the footnote on page 1 of Mr. Wasserman's application for the vacation and closure of the alleyways. The alleys run on the north side of our property, a retail/restaurant space, and provide access to both NE 2nd Ave and Biscayne Blvd, which are both crucial access points to our property. This alley is in fact used for trash pickup service, delivery trucks as well as provides easy access for emergency vehicles. Upon review of the application and resulting petition, I've noticed some important inaccuracies. Mainly the assertion that these are private alleys not used by the public. These are public alleys that are used by the public, by public service vehicles, and by emergency vehicles. To demonstrate this, I researched the history of the properties at issue. 1. The properties, as recorded in Plat Book 2, Page 37, were purchased by Broadmoor Co. in 1912. The image shows the alleys and the plat description states: The streets, avenues, drives and alleys indicated upon said plat are hereby perpetually dedicated to the free use of all purchasers of lots contained in the above described plat...This was signed on April 16, 1912 and I've found nothing to retract this express easement. 2. The only argument I can see that these alleys are private is because the subdivision was bought under Broadmoor Co. in 1912, who as I stated earlier gave all purchasers of the lots free access to the alleys, which includes my client who is now objecting to the vacation and closure of these alleys. 3. Furthermore, a property search of the area on miamidade.gov showing the plot lines of the surrounding lots, including our own, leaves out the alleys from the individual property lines. 4. In my research I have found no legal description for any of the lots that would include part of the alleys nor a county map showing the alleys within the property lines for those lots. 5. My client's own documentation of his lot demonstrates that he does not specifically own the alley immediately behind his lot. Therefore, these are public alleys. Page 1 of 3 June 17, 2020 Planning, Zoning and Appeals Board — Public Comment 6. Further, these alleys are used by vehicles and by the public. Images on the property appraisers site show cars in the alleys. 7. Images on google maps, which go back to 2011, show cars using the alleys. To specifically address the considerations laid out in Sec. 55-15(c) of the City of Miami Code: (c)Further consideration for vacations and closure. In addition to review for technical compliance, the plat and street committee shall also consider the request for vacation and closure with respect to the following: (1) Is it in the public interest, or would the general public benefit from the vacation of the rights -of -way or easements? Mr. Wasserman claimed no adverse impact on the public because they are private alleys reserved for the owners of this block. We argue these alleys are public but moreover my client, as an owner of the block, has a right to the free access of ALL of the alleys. My client owns a commercial space that is to be accessed by the general public. The alleys are used for trash pick up (in fact the structure mentioned by Mr. Wasserman was a dumpster used by my client during construction specifically because that's where the dump truck could easily come through to remove the trash), the alley is used by both pedestrians (as my client has personal knowledge of) and cars (as can be seen on google maps and the property appraisers site), and the alleys would be the space to provide access to the commercial building by emergency vehicles, which is absolutely crucial to the health and safety of the public. (2) Is the general public no longer using the rights -of -way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles? The general public has always used the alleys. As I've mentioned, its used for trash, etc. and google maps shows cars using the alleys. In 2011, this subdivision was occupied by houses and the alleys were used as through -ways. Further, public service vehicles and emergency vehicles both use the alleys. (3) Would there be no adverse effect on the ability to provide police, fire or emergency services? Yes, there would absolutely be an adverse effect on the ability to provide police, fire and emergency services to my client's commercial property. The access to and from both NE 2nd Ave and Biscayne Blvd would be crucial in the event of an emergency that would require both easy access to the building and easy access out. (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? Mr. Wasserman states future redevelopment will greatly improve pedestrian and vehicular circulation in the area. This is a pointlessly vague statement. The alleys are intended for use by the Page 2 of 3 June 17, 2020 Planning, Zoning and Appeals Board — Public Comment public and certainly for all the owners of the lots, which includes my client. My client personally uses these alleys as well as his construction workers and public works vehicles. In conclusion, my client strongly objects to the vacation and closure of alleys that are intended for use by ALL purchasers in the subdivision and which have long been used by the public due to their crucial access to the main roads in the surrounding area. This closure would negatively impact both the public and my client's property and I respectfully request this petition be denied as a result of the aforementioned reasons. Page 3 of 3 June 17, 2020 Planning, Zoning and Appeals Board — Public Comment Recorded Date: 6/15/2020 7:34:17 AM Item: PZAB.1 - File ID 7298 - Street Closure Generally Located South of NE 30 St, West of Biscayne Blvd, North of NE 29 St, and East of NE 2 Av First Name: Carrie Last Name: Henry Email: carrie.henry@blaxgray.com Address: 25 SE 2nd Ave, Suite 730 Miami, FL 33131 Are you a lobbyist? No If yes, have you registered? Comment: My name is Carrie Henry. I previously submitted an objection to this petition on behalf of my client who owns Midtown Plaza located on the southeast corner of Tract A in the public proposal (Broadmoor, lot 12, block 12). My client discussed the proposed plans with Mr. Russell Galbut who clarified the plans with regard to the alley directly north of my clients property and extending West to NE 2nd Ave from NE 2nd Ct. After clarification of the plan, my client has decided to rescind his previous objection. Thank you.