st.petersburg

Transcription

1 -~~ st.petersburg SAINT PETERSBURG CITY COUNCIL Meeting of September 7, 2006 TO : The Honorable David W. "Bill" Foster, Chair, and Members of City Council SUBJECT : Ordinance approving a partial vacation of Bayshore Drive Northeast, north of 2 d Avenue Northeast, to accommodate parking for the Museum of Fine Arts. (Case No. : ) RECOMMENDATION : The Administration and the Environmental Development Commission recommend APPROVAL. The Request : The request is to vacate a segment of Bayshore Drive Northeast north of 2nd Avenue Northeast. Specifically, the applicant is seeking to vacate the west feet beginning from a point 100 feet north of 2nd Avenue Northeast and extending 373 feet to the north. The vacation is part of a reconfiguration of the abutting rights-of-way and easements proposed between the City and the Museum of Fine Arts that will vacate a portion of the Bayshore Drive Northeast right-of-way which will allow the Museum to use it for private parking purposes ; and, require the Museum to dedicate : (1) the area on the west side of the Museum to the City to accommodate the existing sidewalk along Beach Drive Northeast, (2) the area south of the Museum along Second Avenue to accommodate the City's stormwater transmission pipes ; and, (3) the area north of the Museum as a waterfront park. Thereafter, the existing sidewalk in front of the Museum, which currently lies on private property, and the existing public stormwater transmission pipes, which were constructed on the Museum's private property, will be located in a public right-of-way. The vacation application has been submitted concurrent with a site plan request for expansion of the existing museum. The vacation will not result in any changes to the travel lanes of Bayshore Drive. Furthermore, the vacation will not affect public access to the sidewalk that lies along the west side of Bayshore Drive. The sole purpose of the vacation is to reconfigure the public rightsof-way and allow for the Museum to take control of on-street angled parking that can be signed `Parking for Museum Patrons Only' and allow the City to control the referenced rights-of-way and easements.

2 Page 2 Normally, the City Administration would not support the vacation of any part of an important waterfront right-of-way. In this case, however, the public benefit to be gained from the reconfiguration outweighs the loss of the proposed right-of-way. As noted earlier, the Museum has agreed to dedicate a portion of land lying adjacent to Beach Drive to the City to accommodate the existing sidewalk and land adjacent to Second Avenue to accommodate the City's existing stormwater transmission pipes. More importantly, the Museum will dedicate a perpetual waterfront park to the City for use by the public that will preclude the Museum from developing the northern part of its property, an area that many citizens consider to be part of North Straub Park. All of these matters have been set forth in an agreement between the City and the Museum. Agency Review : The request has been reviewed by appropriate City departments and public utility agencies. The City's Engineering Department has requested that the right-of-way to be vacated be dedicated as a public utility and sidewalk easement. EDC Action : The Environmental Development Commission (EDC) held a public hearing on the subject vacation on July 5, No person spoke in opposition to the request. The EDC voted to recommend approval of the partial vacation by a vote of 6-0. No other comments or concerns were expressed to the author at the time this report was prepared. RECOMMENDATION : The Administration recommends APPROVAL of the partial street vacation, subject to the following conditions : 1. The applicant shall dedicate entire right-of-way to be vacated as a public utility and sidewalk easement. 2. The applicant shall dedicate additional right-of-way for Beach Drive Northeast so that the entire existing sidewalk is located within public right-of-way. 3. The applicant shall dedicate a public sidewalk easement for any public sidewalk that is located or relocated onto the applicant's property. 4. The applicant shall dedicate a public utility easement along the south property line for any public utilities that are currently located on the applicant's property. 5. Approval of the vacation shall be subject to the approval of the proposed agreement between the Museum of Fine Arts and the City to enter into an "Agreement for Preservation of Waterfront Park." 6. All required dedications shall occur prior to recording the vacation ordinance.

3 ORDINANCE NO. AN ORDINANCE APPROVING A PARTIAL VACATION OF BAYSHORE DRIVE NORTHEAST GENERALLY LOCATED NORTH OF SECOND AVENUE AND SOUTH OF THIRD AVENUE EXTENDED ; SETTING FORTH CONDITIONS FOR THE VACATION TO BECOME EFFECTIVE ; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY OF ST. PETERSBURG DOES ORDAIN : SECTION 1. The following right-of-way is hereby vacated as recommended by the Administration and the Environmental Development Commission : A parcel of land lying within Section 19, Township 31 South, Range 17 East, Pinellas County, Florida and being more particularly described as follows : Commencing at the southwest corner of Water Lot Number 3, of the Revised Map of the City of St. Petersburg as recorded in Plat Book 1, Page 49, Hillsborough County, Records ; thence N89 51' l 5 "E, along the north right-of-way line of 2nd Avenue Northeast feet to a Point on the west right-of-way line of Bay Shore Drive Northeast; thence N15 22'45"E and along said right west right-of-way line feet to the Point Of Beginning; thence continuing N15 22'45"E, along said right of way line feet; thence S74 31'08"E, departing said west right-of-way line Feet ; thence S15 25'02"W, Feet ; thence S71 00'50"W, feet to the Point Of Beginning. SECTION 2. The above-mentioned right-of-way is not needed for public use or travel. SECTION 3. The vacation is subject to and conditional upon the following : 1. The applicant shall dedicate entire right-of-way to be vacated as a public utility and sidewalk easement. 2. The applicant shall dedicate additional right-of-way for Beach Drive Northeast so that the entire existing sidewalk is located within public right-of-way. 3. The applicant shall dedicate a public sidewalk easement for any public sidewalk that is located or relocated onto the applicant's property. 4. The applicant shall dedicate a public utility easement along the south property line for any public utilities that are currently located on the applicant's property. 5. Approval of the vacation shall be subject to the approval of the proposed agreement between the Museum of Fine Arts and the City to enter into an "Agreement for Preservation of Waterfront Park." 6. All required dedications shall occur prior to recording the vacation ordinance. SECTION 4. In the event this ordinance is not vetoed by the Mayor in accordance with the City Charter, it shall become effective upon the delivery to the City Clerk of a copy of the Final Notice of Completion identified in, and required by, the Agreement between the City of St. Petersburg and the Museum of Fine Arts of St. Petersburg, Florida, Inc. dated July 14, In the event this ordinance is vetoed by the Mayor in accordance with the City Charter, it shall not become effective unless and until the City Council overrides the veto in accordance with the City

4 Charter, in which case it shall become effective immediately upon a successful vote to override the veto or the foregoing effective date, whichever is later. APPROVED AS TO FORM AND SUBSTANCE : '~Nn ~ 1, 1" ITI I~ b ~P Development Services Date City Attorney (Designee) Date

5 DESCRIPTION SKETCH - NOT A BOUNDARY SURVEY DESCRIPTION A PARCEL OF LAND LYING WITHIN SECTION 19, TOWNSHIP 31 SOUTH, RANGE 17 EAST, PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF WATER LOT NUMBER 3, OF THE REVISED MAP OF THE CITY OF ST. PETERSBURG AS RECORDED IN PLAT BOOK 1, PAGE 49, HILLSBOROUGH COUNTY, RECORDS., THENCE N89.51'15"E, ALONG THE NORTH RIGHT--OF-WAY LINE OF 2ND AVENUE NE FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BAY SHORE DRIVE NE ; THENCE N15.22'45"E AND ALONG SAID RIGHT WEST RIGHT-OF-WAY LINE FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING N15.22'45"E, ALONG SAID RIGHT OF WAY LINE FEET; THENCE S74!31'08"E, DEPARTING SAID WEST RIGHT-OF-WAY LINE FEET ; THENCE '02"W, FEET ; THENCE S71.00'50"W, FEET TO THE POINT OF BEGINNING. CONTAINING 0.31 ACRES (13, SQUARE FEET), MORE OR LESS. NOTES : 1. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY OR OWNERSHIP OTHER THAN THOSE INDICATED HEREON WERE PROVIDED TO OR PURSUED BY THE UNDERSIGNED. 2. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER INDICATED BELOW, THIS DOCUMENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE WEST BOUNDARY OF WATER LOT 3, OF THE REVISED MAP OF THE CITY OF ST. PETERSBURG AS RECORDED IN PLAT BOOK 1, PAGE 49, HILLSBOROUGH COUNTY, RECORDS. HAVING A ASSUMED BEARING OF N 18.24'11 "E (DEED) PROJECT : DESCRIPTION 2 CLIENT : ST. PETERSBURG MUSEUM OF FINE ART Wi1s~lnMiller ~ " ~ d. W FLORIN H. COX" P.S.M. FLORIDA LICENSE 3439 SMe: orc. 1"=8o' IIr.-C " 0.lWlA mibp.. 3/23/06 Plwbr: - Emgileas " Ecdoyd " S,rvsyon Lendkepe Arddtecb " TrensporfeHon CuuulsnU sec rwp INS S 17 ND ND! 01 PR EO N0. I 0 N0 WIs"tlrer, Ina U02 Fwf Myew " &ruola " B~dmton " T Tammune SOW " DOWN 9Y/C4P N0. SHEET N0: k1~h ~101(7MItK1CJd0 Once, bu7c 4001N Tinps. RorkH J 2 " PlJgli W-923-9=. Fix: 0-2W-OM " WeD-9' wxwwwmmixeom LAT r 2,F.... 7S 9nnf.. tn "79.50 ITUnueCIY. C. "\ns7m\cvct!`lj l. IPnnl\OlV1G_nG-to\OCV_M\n4tnn..nnnnn.l...

6 DESCRIPTION SKETCH - NOT A BOUNDARY SURVEY N / 3 SCALE : 1"=80' LINE BEARING DISTANCE / L1 N 15'22'45"E 98.57' o so, L2 N 15'22'45"E ' L3 S 74!31'08"E 37.66' " L4 S 15'25'02"W ' / L5 S 71'00'50"W 45.35' THE WEST RIGHT-OF-WAY ~~ _' e3 OF BAY SHORE DRIVE NE O / Z 2 a k 4 -J l ~~~ 4ta~r m tae ~ ~3a POINT OF / BEGINNING MUSEUM OF FINE ARTS / POINT OF COMMENCEMENT THE SOUTHWEST CORNER OF WATER LOT NUMBER 3 J o 4 p ~ e y 4r / ~ o 3 m o r THE NORTH RIGHT-OF-WAY OF 2nd AVENUE NE / N 89'51'15E ' _ 2nd AVENUE NE (100' RIGHT-OF-WAY) (PAVEMENT WIDTH VARIES) _ PROJECT : DESCRIPTION 2 CLIENT : ST. PETERSBURG MUSEUM OF FINE ART 1Y1r,h -A1NLYtaDAr ~ ~ wwaeer.~a-awa,~.ar,uhhrmnt MPRVIN H. CON, P.S.M. FLORIDA LICENSE 3439 score 1*-80' D"E 3/23 /06 PW nere " EV6were " Eodgbb " 8trneyora. Landscape ArdRecle " Tramporlellon CoWanla SEC: 19 iwr 31S w ~.17E REv wd: 01 WAsonMI6er, Inc. "D'' Nepbs " Forrtuy" " 8ermoh " Eradentm. Tmpe " TaWwae Dawn er/enp "o. SHEET ND; la awrwm* ore., see 40Q1 " TenpA RwWa 3sos " Mow 80-2al-awo. Far e0-m~ " w"s ww % wwnevean LqT or 2

7 4TH AVE. N. E. y J r<r. imp 3RD AVE. N. E. ~,. ;rte i r 1 rt ~s~ F. -.. ~- _! pil f a CASE NUMBER: PARTIAL STREET VACATION AREA TO BE APPROVED SHOWN I N r--' SCALE: Not to Scale N

8 t6 (r t3 14 t N.2.7 e" q= osr ". to ~'...L.~ MI9r t t 4 t ar ap rear.t~ 4TH AVE. N. E. VAC. vac. -- w tea n ~, tes.v I t t -, 32 STRAI}9 t0., Z re 2 PARK terr q J~_ t7..s _ Q» - t L tkaars f O WATER LOT Z O~ 11 task 13 rn, Its xrsrsy ~X 'S C, Z ~t2 tt H,:. N 6 t3 t4 t9 t6 t7 t8 tl 20 2t 22 rer ;.r reo <1A a 3RD AVE. N. E. VAC, Ile ` J ", a. lit. ~ ( ' t~ ST. P T asa. FINE ARTS '" I + e0 2u2.. _ fi Mr s,....~ WATER LOT 3 t it to ~~ WATER LOT 3 a i se tee 'i8,2 tsarsr t rs~ 2ND AVE. N. E. to c~ w.i., zer.x, t7aw~> _~ ~ ~ a~ t t ~ ~} w SEAWALL L3 2 3 c PARK AREAt SEAW is '. ` $ y WATER LOT ~ ~ ~ ~ 1 afi...,.,. t ~ n CASE NUMBER: PARTIAL STREET VACATION AREA TO BE APPROVED SHOWN IN -- N SCALE : Not to Scale