HomeMy WebLinkAbout2005-25844 Reso
RESOLUTION NO. 2005-25844
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR
APRIL 20,2005, TO HEAR PUBLIC COMMENT, AS REQUIRED BY THE
CITY'S GUIDELINES FOR VACATION OR ABANDONMENT OF
STREETS OR OTHER RIGHTS OF WAY AND PURSUANT TO SECTION
82-37 OF THE CITY CODE (ORDINANCE NO. 92-2783), REGARDING
THE VACATION OF AN ALLEY, ADJACENT TO LOTS 2 THROUGH 7 OF
THE AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION,
CONTAINING APPROXIMATELY 4,200 SQUARE FEET, IN FAVOR OF
THE APPLlCANT(AND DEVELOPER OF THE VITRI PROJECT), 535
WEST AVENUE, LLC, IN CONJUNCTION WITH THE DEDICATION BY
535 WEST AVENUE LLC, OF PORTIONS OF LOTS 8, 9,10 AND 13 OF
SAME SUBDIVISION, CONTAINING APPROXIMATELY 4,200 SQUARE
FEET, FOR PERPETUAL USE AS A PUBLIC ALLEY.
WHEREAS, when the Amended Plat of Aquarium Site Resubdivision was platted in
1925, a fifteen (15) foot wide alley was established running from Alton Road to Sixth Street
(the Alley); and
WHEREAS, 535 West Avenue, LLC, owns Lots 1 through 10 and Lots 13 to 19 of
the Amended Plat of Aquarium Site Resubdivision, adjacent to the Alley; and
WHEREAS, in November 2004, 535 West Avenue LLC (the Developer) obtained
required approvals from the City's Design Review Board to construct the "Vitri" ( Project), a
development extending over the lots mentioned above; and
WHEREAS, in order to unify the pedestal of the Project, which includes the parking
spaces for the development, the proposed Project had to include a portion of the Alley;
and
WHEREAS, the Developer has requested that the City vacate a portion of this Alley,
containing approximately 4,200 square feet, in exchange for portions of Lots 8, 9, 10, and
13, to be dedicated to the City (Dedicated Alley) and also containing approximately 4,200
sq. ft.; and
WHEREAS, the City's Public Works Department has received and reviewed the
Developer/Applicant's request for vacation of the Alley; and
WHEREAS, pursuant to the City's Guidelines for Vacation or Abandonment of
Streets or Other Rights of Way, the Developer/Applicant is also required to comply with the
requirements of Miami Beach City Code, Section 82-37 (Ordinance No. 92-2783);
accordingly, the Mayor and City Commission are required to hold a public hearing to hear
public comment as to the aforestated request for vacation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission
hereby set a Public Hearing on April 20, 2005, to be held in the City Commission
Chambers, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida, to hear
public comment, regarding the vacation of an alley adjacent to Lots 2 through 7 of the
Amended Plat of Aquarium Site Resubdivision, containing approximately 4,200 square
feet, in favor of the Applicant (and developer of the Vitri Project), 535 West Avenue, LLC,
in conjunction with the dedication by 535 West Avenue, LLC, of portions of lots 8, 9, 10
and 13 of the same subdivision, containing approximately 4,200 square feet, for perpetual
use as a public alley.
PASSED and ADOPTED this 16t1t:iayof March
A TTe$T:
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. .CITYCLERK
T:\AGENDA\2005\Mar1605\RegularWitri Alley Vacation Public Hearing Res.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting a Public Hearing
on April 20, 2005 to hear public comment, regarding the vacation of an alley adjacent to lots 2 through 7 of
the amended plat of Aquarium Site Subdivision, containing approximately 4,200 square feet, in favor of the
applicant (and developer of the Vitri Project), 535 West Avenue, LLC, and approving and accepting the
dedication by 535 West Avenue LLC, of portions of lots 8, 9, 10 and 13 of the same subdivision, containing
approximately 4,200 square feet, for perpetual use as a public alley.
Issue:
Shall the Mayor and City Commission approve the resolution setting the Public Hearing?
Item Summa /Recommendation:
535 West Avenue LLC, owns Lots 1 through 10 and Lots 13 to 19 of the Aquarium Subdivision. In
November 2004, 535 West Avenue LLC, obtained [he required approval from the City's Design Review
Board for the "Vitri", a project extending over the Lots mentioned above. In order to unify the pedestal of the
project which includes the parking spaces for the development, the proposed project had to include a
portion of the platted alley.
535 West Avenue LLC, the developer, has submitted an application requesting the City for the vacation of
that portion of this alley which would be incorporated within the footprint of the proposed project, containing
approximately 4200 square feet, and a proposal to ~rant the City portions from their Lots 8,9,10 and 13,
containing the same approximate square footage, to be dedicated as an alley for public use within the same
block. The new alley would be reconfigured to connect Sixth Street and West Avenue instead of Alton Road.
the Public Hearin .
Advisory Board Recommendation:
I
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Robert Halfhill, Public Works 6833
Si n-Offs:
Department Director
RCM
JMG
FHB
AGENDA ITEM C 7/t1
DATE s-/6-oS
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: March 16, 2005
Members of the City Commission
Jorge M. Gonzalez~. b ~
City Manager Y"O
A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING
FOR APRIL 20,2005, TO HEAR PUBLIC COMMENT, AS REQUIRED
BY THE CITY'S GUIDELINES FOR VACATION OR ABANDONMENT
OF STREETS OR OTHER RIGHTS OF WAY AND PURSUANT TO
SECTION 82-37 OF THE CITY CODE (ORDINANCE NO. 92-2783),
REGARDING THE VACATION OF AN ALLEY, ADJACENT TO LOTS
2 THROUGH 7 OF THE AMENDED PLAT OF AQUARIUM SITE
RESUBDIVISION, CONTAINING APPROXIMATELY 4,200 SQUARE
FEET, IN FAVOR OF THE APPLICANT (AND DEVELOPER OF THE
VITRI PROJECT), 535 WEST AVENUE, LLC, AND APPROVING
AND ACCEPTING THE DEDICATION BY 535 WEST AVENUE LLC,
OF PORTIONS OF LOTS 8, 9, 10 AND 13 OF SAME SUBDIVISION,
CONTAINING APPROXIMATELY 4,200 SQUARE FEET, FOR
PERPETUAL USE AS A PUBLIC ALLEY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution setting the public hearing.
ANALYSIS
When the Aquarium Site was platted in 1925 and approved by the City of Miami
Beach Council, it had a 15 ft. wide alley running from Alton Road to Sixth Street
(See attached Exhibit A).
535 West Avenue LLC owns Lots 1 through 10 and Lots 13 to 19 of the previously
mentioned Subdivision. In November 2004, 535 West Avenue LLC obtained the
required approval from the City's Design Review Board for the "Vitri", a project
extending over the Lots mentioned above. In order to unify the pedestal of the
project which includes the parking spaces for the development, the proposed
project had to include a portion of the platted alley.
535 West Avenue LLC, the developer, has submitted an application requesting the
City for the vacation of that portion of this alley which would be incorporated within
the proposed project, containing approximately 4200 square feet, and is proposing
to dedicate for public use to the City portions from their Lots 8,9,10 and 13
containing also approximately 4200 square feet, to be used as an alley within the
same block. The new alley would be reconfigured to connect Sixth Street and West
Avenue instead of Alton Road.
535 West Avenue LLC, the developer has complied with the requirements as set
forth in the July 26, 1989 Land Use Committee guidelines and City Code Chapter
82, Article II Sec. 82-37 for requesting the vacation of a City right-of-way.
The City and the applicant have negotiated a contribution of $125,000 to be utilized
towards the City's capital projects program. As the City continues to address a
more proactive growth management approach towards development, ongoing
future contributions from other projects will be utilized to address a bank of public
projects deemed important to enhance the City's quality of life.
I n addition the City has met with representatives of the Vitri Project and Mr. Ricardo
Dopico and Ms. Nellie Santamaria representing Estefan Enterprises Inc., owners of
the property adjacent to the Vitri Project, to discuss their client's concerns on not
having participated in the review ofthe alley vacation request. Specifically, Estefan
Enterprises Inc. is concerned about the ingress/egress of trucks through the alley
and wants to be assured that the alley will be wide enough to ensure there will be
no impact to their property (1220-1234 6th Street) or any structure thereon or in the
future. The City Administration assured Ms. Santamaria and Mr. Dopico that a full
review of the Traffic Impact Study and development plans will be conducted and
that they will be kept informed and appraised of the City's review findings. The City
review of the Traffic Impact Study and development plans will be completed priorto
the alley vacation Public Hearing.
RECOMMEDATION:
The City's Public Works Department has received and reviewed the
Developer/Applicant's request for vacation of the Alley. Preliminary review of
request by 535 West Avenue LLC indicates that the City Administration will
recommend approval of the vacation of existing alley and dedication of the new
proposed alley. Pursuant to the City's Guidelines for Vacation or Abandonment of
Streets or Other Rights of Way, the Developer/Applicant is also required to comply
with the requirements of Miami Beach City Code, Section 82-37 (Ordinance No. 92-
2783); accordingly, the Mayor and City Commission are required to hold a public
hearing to hear public comment as to the request for vacation.
The Administration recommends approval of setting the Public Hearing.
T:\AGENDAI2005\Mar1605\RegularlVITRI Alley Vacation Public Hearing Memo.doc
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EXHIBIT "A" : SKETCH SHOWING VACATION OF PORTION
OF ALLEY AT VITRI PROJECT-535 WEST AVE
& DEDICATION OF NEW ALLEY