LTC 107-2008 Update on Public Baywalk at the Waverly and FlamingoRE~'~:~~lE~1
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OFFICE OF THE CITY MANAGER
NO. LTC # 107-2008 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
City Attorney Jose Smit /j ,~
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DATE: April 11, 2008
SUBJECT: Update on Public Baywalk at the Waverly and Flamingo
The purpose of this LTC is to update the Mayor and City Commission on the status of the public
baywalk at the rear of the Waverly and Flamingo Condominiums.
WAVERLY
The Waverly (formerly the Parkshore South Beach) projectwas approved by the Design Review
Board (DRB) on August 5, 1997 (DRB File No. 9024). Since the original approval, the existing
structure has become legal non-conforming in terms of overall height, FAR, parking and with
regard to the parking pedestal design. Condition 11 of the Final Order for the project states the
following:
A Baywaik extension, from the south side of the property north into the future park area,
shall be required.
Although a Baywalk was constructed in accordance with the DRB Final Orderwith direct access
from 14th Street, a fence was installed along the north property line to prohibit public access to
the Baywalk.
The Waverly's request to clarify Condition 11 of the DRB Final Order, and keep the Baywalk
closed to the public until a Baywalk was constructed on properties to the south of the Waverly,
was denied by the DRB on October 3, 2006. A request for a re-hearing of the action taken by
the Board was denied by the DRB on May 1, 2007. On May 22, 2007 the applicant filed an
appeal of the DRB decision to the City Commission. On October 17, 2007 the City Commission
denied the applicant's appeal of the DRB decision. The Waverly filed an appeal of the
Commission's action to the Appellate Division of the Circuit Court. The matter is fully briefed
and oral argument is scheduled for May 21, 2008. The Special Master heard argument on
March 31, 2008 on the City's request to remove the fence and repair the Baywalk pending
permits being issued and the contractors mobilized to repair the seawall and installation of the
security fence. The Special Master denied the request because the Waverly represented that
the permits will be issued shortly and work will commence within 30 days thereafter, and
completed within 120 days of commencement. The Master scheduled another hearing for April
17, 2008. The City requested monthly status reports and fines if the project does not proceed as
represented.
The City has not yet completed its permit review and approval process, as the Waverly has not
yet resubmitted their plans to answer review comments from Public Works and Building. Once
the resubmitted plans are received, the City does not anticipate a long review time leading to a
City building permit.
We are commi»ed to providing excellent public service to all who live, work and play in our vibrant, tropical, historic community.
Page: 2 of 2
Date: April 11, 2008
LTC -Update on Public Baywalk at the Waverly and Flamingo
FLAMINGO
The Grand Flamingo projectwas approved by the Design Review Board (DRB) on November4,
1997 (DRB File No. 9191). 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:
A Baywalk extension, from the south side of the property north into fhe future park area,
shat! be required.
Although the Baywalk was constructed, fences have been installed that blocks public access to
the Baywalk. The Flamingo has raised serious concerns and legal issues related to the
language of the final order. We have interpreted this language and other documentation
surrounding the approvals to require the Flamingo's Baywalk to open to the public when the
project to the north (Mae Capri) opens its Baywalk to the public, which should occur this
summer. We have consulted with outside counsel, due to the complexity of the issues, and they
support this conclusion. At that point we will again explore with the Flamingo the possibility of
opening up its Baywalk to the public, or explore other options as appropriate.
JMG/RCM/FHB
F:lworkl$ALL1(1)EMPLQYEE FOLDERSIAIDA ORTIZILTC1Baywalk Update LTC 4-16-08.doc
C: Gary Held, First Assistant City Attorney
Bob Parcher, City Clerk
Jorge G. Gomez, Planning Director
Thomas R. Mooney, Design and Preservation Manager