LTC 088-2009 Update on Public Baywalk Along West Avenue~-- ~ ~--
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OFFICE OF THE CITY MANAGER
NO. LTC # oas-ZOOS LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 30, 2009
SuB.JECT: Update on Public Baywalk Along West Avenue
The purpose of this LTC is to update the Mayor and City Commission on the status of public
bay walks at the rear of the properties along West Avenue. from 5th Street to Lincoln Road.
1. 520 - 540 West Avenue: Bentley Bav Condominium (DRB File 9802)
A baywalk has been constructed upland and is accessible, but it is not connected to the
Floridian property to the north due to existing wall. According to building permit plans on file,
this baywalk is publicly accessible. Discussions with project representatives are ongoing to
provide the connection and confirm public accessibility.
2. 650 West Avenue: Floridian Condominium (DRB File 5517)
A bay walk has been constructed upland and is accessible, but it is not connected to the
neighboring properties. According to the plans approved by the County's Shoreline
Development Review Committee, this baywalk is publicly accessible. Regarding the
connection to the south, such SDRC plans show an anticipated connection to the south, but
see discussion about wall above. To the north, no baywalk presently exists.
3. 800 West Avenue: South Bay Club Condominium
No development order on this property was ever imposed as it pre-dates the creation of the
design review process, and no bay walk exists. Staff has evaluated the feasibility of a
baywalk in this location and it appears that an overwater, as opposed to upland, connection
would be the most feasible option at some point in the future.
4. 900 West Avenue: Southgate Towers Apartments (Rentals)
No development order on this property was ever imposed as it pre-dates the creation of the
design review process, and no bay walk exists. Owners have begun discussions with the
Planning Department regarding an upland public baywalk connection through their property,
as part of a larger renovation project. However, there is no timetable for such renovation
project.
5. Western Terminus of Tenth Street
Construction documentation for a proposed new streetscape, seawall and landscape
project, with public bay walk access, has been completed and is waiting additional funding.
Such funding was part of the design review approval provided as part of the Mondrian Hotel
project (in the event their overwater baywalk was not approved by the State, and an upland
baywalk were not approved by the adjoining condominium properties). This funding is
presently also being challenged by the Mondrian Hotel on appeal to the City Commission
(expected to be heard at the April City Commission meeting).
LTC -Update on Public Baywalk Along West Avenue
Date: March 20, 2009
Page: 2 of 3
6. 1000-1200 West Ave: Mondrian Hotel/Mirador Condos
Pursuant to the Final Order for DRB File 20181, an overwater public bay walk has been
designed and is part of the permit plans for the Mondrian Hotel project. The proposed
overwater baywalk is currently going through the County & State permit review process,
which is exceedingly complicated, and subject to strict state legislative standards for
approval, and there is no indication that it will receive approval for construction.
Alternatively, an upland baywalk east of the seawall is provided for in the DRB Final Order,
yet this is subject to the approval of the immediately abutting condominium associations to
the north and south of the Mondrian Hotel.
7. 1228 West Avenue: Bav View Terrace (Condo)
As part of a recent Conditional Use approval by the Planning Board for the reconstruction of
a pier and dock lost during a hurricane, the Condominium Association agreed to design their
replacement pier and dock so that it can accommodate an overwater baywalk connection
behind its property. No arrangements were made for private funding of this connection.
8. 1250 West Avenue: Bav Garden Manor (Condo)
No development order on this property was ever imposed as it pre-dates the creation of the
design review process, and no bay walk exists. Staff has evaluated the feasibility of a
baywalk at this location and it appears that an overwater, as opposed to upland, connection
would be the most feasible option. There is no timetable for this to be part of any future
project.
9. Monad Terrace: Single Family Homes
No development order on this property was ever imposed as it pre-dates the creation of the
design review process, and no bay walk exists. While these properties are single family
homes, the properties are zoned for multi-family residential. Any future aggregation of the
bayfront lots for a larger new development along the water would present an opportunity for
an upland public baywalk that could connect directly to the property to the immediate north
(Waverly). Staff has evaluated the feasibility of a baywalk at this location absent the
aggregation of the bayfront lots and it appears that an overwater, as opposed to upland,
connection would be the most feasible option, with cooperation by the homeowners.
10. 1330 West Avenue: Waverly (DRB File 9024)
An upland public bay walk has been constructed, pursuant to Design Review Board and
County Shoreline Development Review Committee Orders. Litigation with the condominium
association regarding public access has concluded in favor of the City, and the association
has completed repairs to the seawall. The baywalk is now open to the public.
11. Western Terminus of Fourteenth (14th) Street
Public Park and accessible public bay walk are completed and open.
12. 1500 Bav Road: Flamingo (DRB File 9191)
The Grand Flamingo project was approved by the Design Review Board (DRB) on
November 4, 1997. Since the original approval, the subject project has become legal non-
conforming in terms of overall height, FAR, parking, and with regard to the parking pedestal
design. Condition 9 of the Final Order for the project states the following:
LTC -Update on Public Baywalk Along West Avenue
Date: March 20, 2009
Page: 3 of 3
A baywalk extension, from the south side of the property north into the future park
area, shall be required.
Although the bay walk was constructed, with direct access from the 14th Street Park, the
above noted condition has not been complied with as a fence has been constructed along
the north and south property lines prohibiting public access to the bay walk, as required by
the DRB Final Order.
The owners of the Flamingo have sued the City on issues involving public baywalk access
and the case is pending in Federal Court. The City has retained outside counsel and is
actively defending the case.
13. 1445 16th Street & 1491 Lincoln Terrace: Mae Capri Condominium (DRB File 17716)
Pursuant to the Final Design Review Board Order, an upland public bay walk has been
completed and is open to the public. The public bay walk is operating independent of any
north or south connections.
14. 1450 Lincoln Road: Lincoln Bay Towers Condominium
No development order on this property was ever imposed as it pre-dates the creation of the
design review process, and no bay walk exists. The existing rear pool deck extends over the
seawall and projects into the bay. Consequently the only method of connection from the
western street-end of Lincoln Road to the north side of the Mae Capri baywalk is to construct
an overwater connection. The Public Works Department is working with an environmental
consultant to determine the feasibility of and preliminarily design this option.
15. Lincoln Road Street End
Permitting is complete and construction of street end is anticipated to be completed by
September 2009.
16. Bavwalk Master Plan
A Notice to Proceed (NTP) was issued to Coastal Systems International on March 9th, 2009
to engage in the development of a Baywalk Master Plan that will include the above
properties between 5th Street and Lincoln Road. In addition, a conceptual design for the
specific connection between the Lincoln Road Street-end and the Mae Capri Condominium
baywalk will be developed after ascertaining permitting feasibility from the appropriate
regulatory agencies.
JMG: JGG:TRM
F:\PL \$ALL\CM RESP\Baywalk Update March 2009.Itc.doc
ATTACHMENT
C: Jose Smith, City Attorney
Gary Held, First Assistant City Attorney
Bob Parcher, City Clerk
Robert Middaugh, Assistant City Manager
Fernando Vazquez, City Engineer
Jorge G. Gomez, Planning Director
Thomas R. Mooney, Design and Preservation Manager
Lisa Botero, Environmental Resource Manager
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