PowerPoint - Dempsey Vanderbilt Setai (RM-3 Ground and Rooftop and Vacate 21st St ROW 2nd Reading) 5.26.21City Commission
Second Public Reading
RM-3 Ground Floor and RooftopAdditions in the Architectural District
and
Vacation of a Portion of the Southern Half of 21st Street Between Collins Avenue and Miami Beach Drive
Presentation by Law Offices of Kent Harrison Robbins, P.A.
on behalf of the Dempsey-Vanderbilt and the Setai Resort and Residences Condominium Association, Inc.
May 26, 2021
1
2
3
4
5
6
RM3 TEXT CHANGEORDINANCE
7
MASSING
8
FROM SEAGULL HOTEL / BVLGARI’S PRESENTATION AT APRIL 27, 2021
PLANNING BOARD HEARINGS ON PB FILE NO. 21-0424 (RM3 ORDINANCE)
AND PB FILE NO. 21-0426 (VACATING 21ST ST ROW)
9
GROUND FLOOR ADDITION
10
11
SITE PLAN
EXISTING AND PROPOSED
12
FROM SEAGULL HOTEL / BVLGARI’S PRESENTATION AT APRIL 27, 2021
PLANNING BOARD HEARINGS ON PB FILE NO. 21-0424 (RM3 ORDINANCE)
AND PB FILE NO. 21-0426 (VACATING 21ST ST ROW)
13
14
15
OCEANFRONT LOT HEIGHT REQUIREMENTS IN THE ARCHITECTURAL DISTRICT
CURRENT ORDINANCE
(Now Codified as §142-246(d)
16
In 2007, Ordinance No.2007-3589 was approved providing for height limits for additions on oceanfront lots located in the Architectural District:
The proposed addition shall not substantially reduce existing or established view corridors, nor impede the
appearance or visibility of architecturally significant portions of an existing structure, as determined by the Historic Preservation Board.
(emphasis added)
17
18
19
OCEANFRONT LOT HEIGHT REQUIREMENTS IN THE ARCHITECTURAL DISTRICT
PROPOSED TEXT CHANGE
ADDED LANGUAGE
20
21
OCEANFRONT LOT HEIGHT REQUIREMENTS IN THE ARCHITECTURAL DISTRICT
PROPOSED TEXT CHANGE
REMOVED LANGUAGE
22
23
The text change deletes the legal protection of the existing and established view corridors of the Condo Association, the Dempsey Vanderbilt Hotel and its Unit Owners, by striking the text that additions shall not “substantially reduce existing or established view corridors.”
24
THIS ZONING CHANGE CONSTITUTES
•SPOT ZONING
•CONTRACT ZONING
•A BERT J. HARRIS TAKING
•INVERSE CONDEMNATION
25
VACATION OF 21ST STREETRIGHT-OF-WAY
26
SITE PLAN
VACATION OF 21ST STREETRIGHT-OF-WAY
27
FROM SEAGULL HOTEL / BVLGARI’S PRESENTATION AT APRIL 27, 2021
PLANNING BOARD HEARINGS ON PB FILE NO. 21-0424 (RM3 ORDINANCE)
AND PB FILE NO. 21-0426 (VACATING 21ST ST ROW)
28
PLANNING BOARD REVIEW BELOW
29
30
•The City Attorney opined that City Charter, Section 103(b)(4) applies.
•The Planning Board, under Section 118-51. –Powers and duties, paragraph 11 applies to the implementation of property disposition under City Charter Section 103(b)(4).
31
Section 118-51. –Powers and duties. [of the Planning Board]
Paragraph 11 provides the review criteria for the Planning Board to consider disposition of property under City Charter §103(b)4.
Paragraph 11(d) criteria states:
Determination as to whether or not the proposed use is in keeping with the surrounding neighborhood, blocks views or creates other environmental intrusions, and evaluation of design and aesthetic considerations of the project.
(emphasis added)
1. FACTUAL FINDINGS ARE WRONG
32
2. EVIDENCE SUBMITTED
TO THE BOARD INCOMPLETE
PLANNING ANALYSIS MEMO
33
The April 27, 2021 Memorandum “Planning Analysis of Proposed Right of Way (ROW) Vacation –Portion of Southern Half of 21st Street” submitted states:
FACTUAL
FINDING
WRONG
DESIGN OF
PROJECT NOT
SUBMITTED
34
1.Design of the project was not submitted to the Board.
2.Design of the project was not evaluated.
3.Design of the project would show that the added F.A.R. directly arising from the vacating of the right of way (ROW) would enable the development with the ground level addition to block the views from the Dempsey Vanderbilt.
PLANNING ANALYSISCONCLUSIONIS WRONG
35
36
The City’s Conclusion states:
CONCLUSION
WRONG
As a result of the approval of this application, the development WOULD block views from the Dempsey Vanderbilt. It would have a negative impact to the surrounding area.
Section 103(d) of the City Charter:
The vacating of the right-of-way involves a transfer of the City interest in a public beach right-of-way (extending eastward from Collins Avenue/Ocean Drive to the erosion control line) which requires voter referendum approval.
37
38
39
40