HomeMy WebLinkAboutR-95-0133J-95-70
1/3/95
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95- 133
IBM
A RESOLUTION, WITH ATTAC MENT(S) , OFFICIALLY CLOSING,
VACATIlVG, ABANDCQMG AND DISCONTINUING THE PUBLIC USE
OF A PORTION OF THE PRIVATE ALLEY LYING BETWEEN
SOUTHEAST 14TH TERRACE AND SOUTHEAST 14TH STREET AS A
CONDITION OF THE APPROVAL OF TENTATIVE PLAT
NO. 1464 A, "ST. JAMS AT BRICKELL SUBDIVISION,"
SUBJ= TO THE RMQUIR.EMENTS OF THE PLAT AND STREET
COMMITTEE, FOR THE PROPERTY LOCATED BEI'ffM SOUTHEAST
14TH TERRACE AND SOUTHEAST 14TH STREET, MLAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED CST EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF).
WHEREAS, the Miami Zoning Board at its meeting of Decem1w 19, 1994,
Item No. 10, following an advertised hearimg, adopted Resolution No.
ZB 143-94, by a seven to zero (7-0) vote, REC>ONMENDnG APPROVAL of the
official closure, vacation, abandonment and disoontinuanoe of a portion of a
private a11ey as hereinafter set forth; and
WHEREAS, the City Commission, after oaseful consideration of this
matter, deems it advisable and in the best interest of the general welfare of
the City of Miami and its inhabitants to grant the closure, vacation,
abandonment and discontinuance of a portion of a private alley as set forth
herein;
NOW, THEREB+ORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
Section 1. The recitals and findings contained in the Preamble to
this Resolution are hereby adopted by reference thereto and incorporated
herein as if fully set forth in this Section.
CITY CQ1�
MEETING OF
FEB 0 9 1995
Resolution No.
95- 133
0
Section 2. A portion of the private alley lying between Southeast
14th Terrace and Southeast 14th Street is hereby officially closed, vacated.,
abandoned and discontinued for public use, as a condition of the approval of
Tentative Plat No. 1464-A, "ST. JAMES AT BRICQML SMIViSICN," subjeot to the
requirements of the Plat and Street Committee, for the property located
between Southeast 14th Terrace and Southeast 14th Street, Miami., Florida, more
particularly described. on Exhibit "A", attached, hereto and made a part hereof.
Section 3. This Resolution shall become effeotive immediately
upon its adoption.
PASSED AND ADOPTED this 9th day of February 1995.
a! P. , MAYOR
A
MATtY MRAI
CITY CLERK
•••• DI! • ••/ • 0 !••`�
n�, jl. •S' i�' t��
CITY 'ATPORNS
IMA/ms/M4850
95- 133
-2-
Section 2. A portion of the private alley Lying between Southeast
14th Terrace and. Southeast 14th Street is hereby officia,.1.y closed, vacated,
abandoned and discontinued for public use, as a condition of the approval of
Tentative Plat No. 1464 A, "ST. JAMES AT BRIa= SUBDIVISION," subject to the
requirements of the Plat and Street Committee, for the property located
between. Southeast 14th Terrace and Southeast 14th Street, Miami, Florida, more
particularly described. on Exhibit "A", attached hereto and made a part hereof.
Section 3. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 9th day of February , 1995.
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95- 133
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That portion of the 10 foot private alley between Lots 12, 13, 26, and 27 and
between the West 10 feet of Lot 11 and the West 10 feet of Lot 28, in Block 2,
of the Amended. Plat of "POEENT AFT SOBDIVISICK" containing 1100 sq. ft, as
recorded in Plat Book 2 at Page 93 of the Public Records of Dade County,
Florida,.
95- 133
4
ZONING FACT SHEET PZ=9
LOCATION/LEGAL Portion between S.E. 14th Terrace and S.E. 14th Street.
Portion of the 10 foot private alley between lots 12, 13, 26 and 27 between the West
10 feet of Lot 11 and the West 10 feet of Lot 28, Block 2 of said Plat of Ammended
Plat of POINT VIEW (2-93) PRDC.
APPLICANT/OWNER Terramark Brickell Ltd., Owner Adrienne F. Pardo, Esq.
2601 South Bayshore Drive 1221 Brickell Avenue
Miami, F1 33133 Miami, Fl 33131
579-0683
ZONING SD-5 Brickell Avenue Area Residential -Office District.
REQUEST Official vacation, abandonment and closure of a private alley lying between S.E.
14th Terrace and S.E. 14th Street as a condition of the Tentative Plat of St. James
at Brickell Subdivision.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING N/A.
PUBLIC WORKS - (See analysis below)
PLAT AND STREET (See analysis below)
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A. Last Hearing Date: N/A. Found: N/A.
Violation(s) Cited: N/A.
Ticketing Action: N/A.
Affidavit of Non -Compliance issued on: NjA. Daily Fine: $0.00 Lien Recorded On: N/A.
Total Fines To Date: N/A.
CEB Action: N/A.
HISTORY
ANALYSIS The Public Works Department and the Plat and Street Committee have studied the proposed closure
of the private alley lying between S.E. 14 Terrace and S.E. 14 Street and determined that the
closure of this alley will not adversely affect traffic circulation or access for public
service vehicles such as trash and garbage trucks, fire, police and/or other emergency
vehicles. The private alley currently "dead ends" and is not part of the critical pedestrian
and transportation network for the neighborhood. The Plat and Street Committee has reviewed -
the tentative plat of "St. James at Brickell Subdivision" and determined that all technical
requirements contained in the City Code of Subdivision Regulations have been met and the -
closure of this alley and development of the site would benefit the general public. The Public
Works Department and the Plat and Street Committee recommend approval of this alley closure
request.
ZONING BOARD
APPELLANT
CITY COMMISSION
APPLICATION NUMBER
Recommended for approval to City Commission. (Res. No. 143-94)
95- 133
94- 338 Page 1 December 19, 1994
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Mr. Osvaldo Moran-Ribeaux offered the following Resolution
and moved its adoption.
RESOLUTION ZB 143-94
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED APPROVAL
TO THE CITY COMMISSION OF THE OFFICIAL VACATION,
ABANDONMENT AND CLOSURE OF A PRIVATE ALLEY LYING BETWEEN
SOUTHEAST 14TH TERRACE AND PORTION OF THE SOUTHEAST 14TH
STREET AS PROVIDED IN THE MIAMI CITY CODE SECTION
54.5-16(c) AND AS A CONDITION OF TENTATIVE PLAT NO.
1464-A, "ST. JAMES AT BRICKELL SUBDIVISION", SUBJECT TO
THE REQUIREMENTS OF THE PLAT AND STREET COMMITTEE FOR THE
PROPERTY LOCATED BETWEEN,SOUTHEAST 14TH TERRACE AND
SOUTHEAST 14TH STREET MORE PARTICULARLY DESCRIBED AS THAT
PORTION OF THE 10 FOOT PRIVATE ALLEY BETWEEN LOTS 12,
13, 26 AND 27 AND BETWEEN THE WEST 10 FEET OF LOT 11 AND
THE WEST 10 FEET OF LOT 28, IN BLOCK 2 OF THE AMENDED
PLAT OF POINT VIEW SUBDIVISION CONTAINING 1,100 SQ. FT.
(2-93) PUBLIC RECORDS OF DADE COUNTY; ZONED SD-5 BRICKELL
AVENUE AREA RESIDENTIAL -OFFICE DISTRICT.
Upon being seconded by Mr. Gary M. Carman
the motion was passed and adopted by the following vote:
AYES: Mses. Basila and Morales. Messers.
Moran-Ribeaux, Carman, Barket, Crespo
and Luaces.
NAYES: None.
ABSENT: Mrs. Hernandez, Mr. Sands & Mr. Milian.
Ms. Fernandez: Motion carries 7-0.
December 19, 1994 Item# 10
Zoning Board
95- 1-33
539
CITY OF MIAMI
DEPARTMENT OF ADMINISTRATION FOR PLANNING AND ZONING
P. 0. BOX 330708 MIAMI, FLORIDA 33133
TELEPHONE NUMBER (305) 579-6082
APPLICATION FOR PUBLIC HEARING BEFORE THE ZONING BOARD
(:.and Fill and Dredge: Vacation of Street or Alley; Waiver
of Development of Parking; Siting Adjustment 8 other as
required).
?EQUIREMENTS
Surveys, sketches, plans, as required (see supplemental
requirement sheets).
2. Affidavit by the owner of the property, or his attorney,
that all facts as represented in the application are true
and correct.
3. Certified list of owner of real estate within 375' radius
from the outside boundaries of the subject parcel.
4. Fee of $1,000.00 to apply toward cost of processing,
as follows:
vacation of public right-of-way:
Per square foot
of right-of-way .......................; .75
ttinimum...............................s1,000.00
1100 Total Feet
5. All documents, reports, studies, exhibits, or other written
or graphic materials, if any, to be used by the applicant
in support of the application shall be submitted with and
be a part of this application.
DATE
The undersigned, being the owner or representative of the owner,
of the property located at Between S.E. 14th Terrace and
S.E. 14th Street
And More Particularly Described As: ,, „
SEE EXHIBIT" A
Lot(s)
Block
Subdivision
do(es) respectfully petition and request:
That the private alley be vacated.
(zip)
SIGNED ADDRESS PHONE
Lucia A. DOU0erty, Esq. 1221 Brickell. Ave., Miami, FL, 379-0603
"7' This form must be notarized
\ 1 OF RORIDA c0a, OF DADE
=.corn to and subscribed before me, this 3 '
�y 0�-��vl
ARY PU6uc gr= OF FLON
CAMmWON NO,GC2W45
day o f Cvk*-K!)!
95- 133
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me,
the undersigned authority, this day
personally
appeared
Lucia A. Dougherty-,
who being by me first duly sworn,
upon oath,
deposes
and says:
1. That he is tbtxoa=yx= the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the City of Miami. as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
(SEAL)
(Name)
Lucia A. Dougherty
Sworn to and Subscribed before me
v=4
thisod y ofZ;4:e-� _ 19
t�:
"Wary Public, State of Florida at Large
My Commission Expires:
OFFICIAL - NOTARY SrAL
JUNH H DAV6
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC 163009
MY COMMISSION "P. t10V. 21,1995
Personally known. 9
133
OWNER'S LIST
Owner's Name Terremark Brickell Ltd., a Florida limited partnership
Mailing Address 2601 South Bayshore Drive, Miami, Florida 33133
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
See attached Exhibit "A"
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address .� Legal Description
157, 165 and 151 S.E. 14th Terr. Lots 27 through 29, inclusive, together with the
Miami, Florida South l/2 of P ivate Alley, all in Block 2 of
Amended Plat o Point View, recorded in Plat Book
Page 93 ot the Public Records of Dade
County, Florida
Street Address Legal Description
152 and160 S.E. 14th St.
Miami, Florida
Street Address
414he W. 10 feet of Lot 11 and all of Lots _12
and 13,
all
in Block 2 of Amended Plat of Point View, as
Legal Description
recorded in Plat Book 2, Page 93, of the Public
Records of Dade County, Florida
Continued on Exhibit
y5- 133
is
Lot 30 less the S.E. 5 feet of Lot 30, Am@tided Plat of Point -View,
according to the Plat thereof recorded in Plat Book 2; 'Page 93, of the
Public Records of Dade County, *Florida, together with that certain 5.5
feet of the 10-foot Private Alley between Lots 30 and Lots 7, 8 and 9,
all in Block 2.
and
Lot 26,• Block 2, of POINT VIEW, according to the plat Cheroot as
recorded in Plat Book 2 at Page 25 of the Public kecords of Dada
County, Floridai ALSO known as Lot 26, block 2, of POINT VIEW
AMENDED, according to the plat thereof as recorded in Plst Book 2
at Page.93 of the Public Records of Dade County, Florida.'
J
95- 133
DISCLOSURE OF OWNERSHIP
1. ' Legal description and street address of subject real property:
See attached Exhibit "A"
2. Owner(s) of subject real property and percentage of ownership. Note: City of Mimi
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject :natter of a presentation, request or
petition to the City Commission. Accordingly, question f2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
See attached Exhibit "C"
3. Legal'description and street address of any real property (a) owned by any party
listed in answer to question 02, and (b) located within 375 feet of the subject
real property.
See the Owners List bottom of page.
OWNER OR ATTORNE R OWNER
Adrienne Friesner Pardo
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Adrienne Friesner Pardo being duly sworn, deposes and says that he is the
(Owner) (Attorney for Owner) of the real property described in answer to question 01,
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership form on behalf of the owner.
SWORN TO AND SUBSCRIM
before me this --
day of
MY COMMISSION EXPIRES:
• e• i ,
Personally known.
0.1L.-., -/;� ( C•[/t!� (SEAL)
(Hem)
Adrienne Friesner Pardo
,.K@tary Public, State of Florida at Large
JUNE H DAVIS
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC 163009
MY COMMISSION EXP. t•'OV.21 1995
133
that.. i�444s1Q ;. �r�ie,t 1e
toot private alley between Lots 12, 13, 26 and 27,40 b;i(�ith the.
West lb feet of Lot 11 and the west 10 teat of ;j,;Ot°" 28ti'.,lcR°lack •24••
of said Plat of Ammended Plot of POINT VIEW COnt0lnlnQ IIOCi'S&,'
EXHIBIT "A"
95- 133
Owner: Terremark Brickell Ltd., a Florida limited
partnership is the owner of the subject property.
General Partner: Terremark Brickell, Inc., a Florida
corporation
Shareholder: Manuel D. Medina - 100%
Limited Partner: Terremark Investment Services, Inc., a
Florida corporation
Shareholders: Manuel D. Medina - 68%
Guepard Investments, Ltd. - 15%
Shareholder: Mario Morandini -
100%
The mailing address for the above individuals and entities is c/o
Adorno and Zeder, 2601 South Bayshore Drive, Suite 2600, Miami,
Florida 33133
95- 133 15
of �ianti
WALD'MAR E. LEE
Director
ivember 1, 1994
Adrianne Pardo, Esquire
Greenberg, Traurig, et al
1221 Brickell Avenue
Miami, FL 33131.
Dear Ms. Pardo:
ST. JAMES SUBDIVISION. TENTATIVE PLAT NO. 1464-A
CESAR H. ODIO
City Manager
The subject tentative plat was approved by the plat and street
committee at its meeting of July 7, 1994, subject to the
satisfaction of certain 'conditions. One of these requirements
(conditions) is the abandonment, vacation and closure of the 10
foot wide east -west alley that is contiguous with lots 12, 13, 26
and 27 of block 2 of the underlying plat, AMENDED PLAT OF POINT
VIEW (2-93).
Please be advised that the plat and street committee and the
Department of Public Works have reviewed the public interest
requirements of Sec. 54.5-16 of the Miami City Code for
abandonment, vacation and closure of rights of way and determined
the.i. these requirements have been met with regard to the alley
closure and further recommend the vacation and closure of the
alley. Please provide a legal opinion regarding the present
status of reversionary ri-hts associated with the segment of
alley that is to be vaca. d and closed. This opinion should
accompany your application ::o the Hearing Boards officer.
Sincerely,
j
amen J. y, P
Deputy Director 7
JJK:ms
Copy: Frank McMahon, Surveyor Tests C-0
Teresita Fernandez, Hearing Boards 110
Ft
95_
133
17
DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miami, Florida 33128/(305) 579-6856
�.t#fir of �tarnt
L�S1 Of �
WALDEMAR E. LEE Director CESAR H. ODIO
� It1111 1/111
August 5, 1994�f a��e City Manager
St. James Development, Inc.
3540 Royal Palm Avenue
Miami, Florida 33133
Dear Ladies and Gentlemen:
ST. JAMES SUBDIVISION - TENTATIVE PLAT #1464-A
The City of Miami Plat and Street Committee, at its meeting of July
7, 1994,''approved the above tentative plat subject to the following
revisions being made to the tentative plat, additional information
being pro%-Lded and/or variances being granted. Please be advised
that the processing of your tentative plat cannot proceed until
these conditions have been satisfied.
On main sketch move solid line in alley .to the dashed
line 5 feet to the south.
- Approval is granted contingent upon rezoning of lot 30
of underlying plat.
- Any arrangements made for separate instruments for
easements with utility companies must be by recorded
document.
- Add the following language to zoning designation... 11 in
accordance with Miami Zoning Ordinance 11000, as
amended."
For water and "sewer requirements 'see memorandum from
MDWASAD dated May 4, 1994.
Correct location sketch which states that the private
alley is 15' in width.
Make reference to State plane coordinates on final
plat.
Final plat must be drawn on 30" x 36" tracing.
If property to north of this plat is served by
utilities in the alley, then the applicant will be
responsible for the providing of these utility services
from S.E. 14 Street or other means.
Observe all side yard, front yard and year yard set
backs. I q
y�- 1,33
nFPARTAACNT r19 Of for w u/neve �,., ,. ,., . _ ,
St. James Deve. ,pment, Inc.
St. James Subdivision
August 5, 1994
In addition to the above requirements, you should be aware of
the following:
1. State and local laws require the installation of various
physical improvements in the public rights -of -way when
property is platted. These subdivision improvements
include paving, drainage, landscaping, sidewalks, etc. In
some cases this could represent a substantial investment
on your part.
2. The alteration, relocation or installation of utilities
such as storm and sanitary sewers, electric, telephone,
water, etc., caused by this plat will be at the property
owner's expense. Also, utility. easements may be required
on the property being platted.
3. -A building permit will not be, issued on the property being
platted until the final plat is recorded. Also, the
Certificate of occupancy for any building construction will
be issued only after all the required subdivision
improvements have been completed.
4. Approval for fire flow requirements must be obtained from
the Fire, Rescue and Inspection Services Department prior
to the issuance of a building permit.
5. Additional items must be provided to the City of Miami
Department of Public Works before the final plat is
submitted to the City Commission for approval. You will be
notified in writing as to what these items are after the
amount of the bond has been determined for the necessary
subdivision improvements.
6. Tentative plat approval is only valid for one (1) year from
the date of the Plat and Street Committee Meeting at which
time it was approved.
If you have any questions concerning these requirements,, please
refer to the attached sheet for the appropriate person to contact.
Sincerel ,
James Ka P.E.
Chairman, Plat & Street Committee
JJK:mw
Enclosure: Contact Sheet
cc: E. R. Brownell
Plat and Stre ittee Members 95 133
File �°
bc: Civil Ena. Survevs Central