HomeMy WebLinkAboutR-88-0392J-88- 286
3/ 29/8 8
RESOLUTION NO. �8�'i39ia.
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT
PORTION OF NORTHEAST 2ND COURT LYING WITHIN
THE BLOCK BOUNDED BY NORTHEAST 12TH STREET,
NORTHEAST 2ND AVENUE, NORTHEAST 13TH STREET
AND BISCAYNE BOULEVARD, ALSO DESCRIBED AS
TRACT A, AS SHOWN ON AND ALL AS A CONDITION
OF APPROVAL OF TENTATIVE PLAT NO. 11150,
"PAPPAS SUBDIVISION."
WHEREAS, the Miami Zoning Board, at its meeting of March 21,
1988, Item No. 7, following an advertised hearing, adopted
Resolution No. ZB 33-88, by a seven to zero (7-0) vote,
RECOMMENDING APPROVAL of the official vacating and closure of
portions of streets as hereinafter set forth: and
WHEREAS, the City Commission finds that it is in the best
interest of the general welfare of the Citv of Miami and its
inhabitants to grant the vacation and closure of portions of
streets in question and deems it advisable to do so;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That portion of Northeast 2nd Court lying within
the block bounded by Northeast 12th Street, Northeast 2nd Avenue,
Northeast 13th Street and Biscayne Boulevard, also described as
Tract A, is hereby closed, vacated, abandoned and discontinued
for public use, as shown on and all as a condition of approval of
Tentative Plat NO. 1115D, "PAPPAS SUBDIVISION."
CITY COMMISSION
MEETING OF
APR 2g'3'9
EsOWTION No. —
r-10
PMORD AND ADOPTED this 28th Aav of. Aprii , 1999.
ATTS
MA RAI
City Clerk
PREPARED AND APPROVED BYt
G. IRIAM MAER
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESSt
r
L I�A DOUG ERTY
City Attorney
GMM/rcl/M655
AV LR L. SU Z, Mayor
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IUCIA A. DOVGHERtr
City Attornev
May 17, 1988
Carter N. McDowell, Esq.
Fine Jacobson Schwartz Nash
Block 6 England
One CenTrust Financial Center
100 Southeast 2nd Street
Miami, Florida 33131
SS cos► s7! 670p
•�•• ••• • � • Tt•kcopwr- I301 374-4730
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Re: (Iii
-9 Res lution J-88-286 - Street Closure City Commission
April 28, 1988-8outherland investments, inc., Keyes
Real Estate Corporation
Dear Carter:
As you know, your client promised the City a contribution in the
amount of $10,000 to the Food Program. Please provide with a
check to that effect as soon as possible.
Sincerely.
Miriam Maer
Assistant City Attorney
GMM/rcl/P074
cc: Guillermo Olmedillo
Planning Department
Natty Hirai
City Clerk
Joseph A. Genuardi
Zoning Administrator
James J. Kay, Acting Design Enyineer
Public Works Department
OFFICE OF THE CITY ATTORNEY/1100 ARieniva 0uildm4iOne SouthNu Third Avenut/Menu, Flom 331" V 9 _ 3q
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ZONING FACT SHEET
Pz=9
LOCATION/LEGAL That portion of NE 2 Court lying within the
block bounded by NE 12 Street, HE 2 Avenue, NE
13 Street and Biscayne Boulevard
Tract A
Tentative Plat #E1115-D- "PAPPAS SUBDIVISION"
APPLICANT/OWNER Southerland Investments, Inc
100 N. Biscayne Blvd
Miami, FL 33132 Phone # 371-3592
Keyes Real Estate Development Corporation
of America
100 N. Biscayne Blvd
Miami, FL 33132 Phone # 371-3592
Carter N. McDowell, Esq.
100 SE 2 Street
Miami, FL 33131 Phone # 577-4023
REQUEST Official Vacation and Closure of that portion of
NE 2nd Court lying within the block bounded by
NE 12th Street, NE 2nd Avenue, NE 13th Street
and Biscayne Boulevard, as a condition of
approval of Tentative Plat #E1115 - D - "PAPPAS
SUBDIVISION".
RECOMMENDATIONS
PLAT AND STREET COMMITTEE At its meeting of February 3, 1988, the Plat
and Street Committee, approved the above
tentative plat subject to the following:
1. Public Hearing for approval to close right-
of-way.
2. Correct zoning.reference.
3. Dedicate right-of-way as listed: 10' along
NE 13 Street.
4. Show survey tie to monument and section
corner.
5. Correct elevations to City Datum.
6. Add "City of Miami" in title.
7. Show area of lot(s) and "Tract A".
8. Show base building line along NE 2 Court.
98-39�
PLANNING DEPARTMENT
PUBLIC WORKS
DADE COUNTY PUBLIC
WORKS
IN ACCORD WITH THE CONDIT
C71AD6t'2nGY 91 1nG rLn1 nnv d1nGGa vvrxuIIcV..
e subject portion othe street only serves
the abutting property owners and is not deemed
necessary for the overall public interest. The
vacation and closure would provide for a unified
site needed to support the development
envisioned by the Omni Area Redevelopment Plan.
As is currently exists, the subject portion of
the street is a substandard forty foot (401)
roadway that does not provide turnaround
facilities. The abutting properties to the
south are adequately served by adjacent public
streets.
No comment.
No objections.
ZONING BOARD At its meeting of March 21, 1988, the Zoning
Board adopted Resolution 33-88, by a vote of
7-0, recommending approval of the above.
One proponent was present at meeting.
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Item # 7 NE 13 Street, NE 2 Avenue and
Biscayne Blvd.
4MM
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CITY OF MIAMI
DEPARTMENT OF ADMINISTR T,uN Fu r NNING AND ZONING BOARDS
P.O. BOX 330708 MIAMI. FLORIDA 33133 Tel. 579-6082
APPLICATION FOR PUBLIC HEARING BEFORE THE ZONING BOARD
(Land Fill and Dredge: Vacation of Street or Alley; Waiver of
Oevelocment of Paring; Siting Arj-jstment A others as required).
RE UIRE!"ENTS:
I. 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 owners of real estate within 375' radius from the
outside boundaries of the subject parcel.
4. Fee of $1, 409.56 to apply toward cost of processing, as follows:
Vacation of public right-of-way:
Per square foot
ofright -of --way ................................S 0.25
Minimum........................................$500.00
5638 Total Feet ( See Exhibit D )
S. 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 2/16/88
The undersigned, being the owner or representative of the owner, of the property
located at S.W. corner of N.E. 13th Street and Biscayne Blvd.
AND MORE PARTICULARLY DESCRIBED AS:
LOT(s) See Exhibit A Tentative Plat #1115E
Pappas Subdivision
BLOCK ( See Exhibit E )
SUBDIVISION
doles) respectfully petition and request vacation and closure bf a
portion of N.E. 2nd Court - See Exhibit C for further explanation
SIGNED .1 ADDRESS (zip) PHONE NO.
100 S.E. 2nd Street
That form must be notarized SWORN TO AND SUBSCRIBED before 2/81 nm
me this 16th day of February, 1988.
State of Florida �8-392
AFFIDAV -IT
SPATE OF FiZ=) -
SS.
CUM OF DADS )
Before me, the undersigned authority, this day personally
appeared Carter N. McDowell who being by ire first duly soar,
upon oath, deposes and says:
1. That he is the owner, or the legal representative of the
owner, submitting the accaq=nying application for a public hearing as
required by Ordinance No. 9500 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 pert thereof.
2. That all owners which he represents, if any, have given their
full and complete perm ssion for him to act In their behalf for the charge
or modification of a classification or regulation of zoning as set out in
the acc=vanying petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current names. nwil i r e addr"ses, _ phone nurbers and
legal descriptions for the real property which he is the owner or legal
representative. -
4. The facts as represented in the application avid dOC=..er.t3
sutvdtted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
(SEAL)
(Name)
Sworn to and Subscribed before me
this day of9 �.
rL7
My Commission Expires:
88-392 S
vim
OWNER'S LIST
Owner's Name so therland Investments,_ Inc.
Nailing Address 100 N..Biscayne Blvd., Miami, Florida
Telephone Number 305-371-3592
Legal Description: See Exhibit A
Owner's Kane Keyes Real Estate Development Corporation of America
Mailing Address 100 North Biscayne Blvd., Miami, Florida
Telephone Number 305-371-3592
Legal Description: See Exhibit A
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address Legal Description
See Exhibit B
Street Address
Street Address
Legal Description
Legal Description
88--392 �W
A
or
DISCILSUFE GF OWNERSHIP
1. Legal description and street address of subject real property -
See Exhibit A
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
Having a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question 42 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
Southerland Investments, Inc., 100 North Biscayne Blvd., Miami, FL 33132, a
wholly -owned subsidiar of The Keyes Company with the same address. Owns Parce
II described on Exhibi A.
Keyes Real Estate Development Corporation of America, 100 North Biscayne Blvd.,
Miami, FL. 33132, a wholly -owned subsidiary of The Keyes Company. Owns Parcel
1 described on Exhibit A.
The Keyes Company as the 100% owner of the above corporations has the followir
shareholders: Telephone Number at which all may be reached: (305) 371-3592
Theodore J. Pappas, 100 N. Biscayne Blvd., Miami, FL 33132 - owns 77.91%
Fred Stanton Smith, 2401 South Bayshore Drive, Miami, FL 33133 - owns 21.84%
Fred Stanton Smith, Trustee, 2401 South Bayshore Drive, Miami, FL 33133 -
Fred Stanton Smith is the sole beneficial owner under the above/ owns .25%
trust
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located within
375 feet of the subject real property.
Keyes Real Estate Development Corporation of America owns the following two
parcels immediately adjacent (on west side) to rhP s>>hiPe-t- nrnpert ,.
1) 1241-N.E. 2nd Avenue - see Exhibit B for legal description
2) 1225-1229 N.E. 2nd Avenue - see Exhibit B for legal description
. .
CARTER N. ..
STATE OF FLORMA ) SS:
COUYPY OF DADE )
Carter N. McDowell , being duly sworn, deppses and
says that ne is the MUMM (Attorney or Owner) of the real property
described in answer to question #1, 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 this Disclosure of Ownership
form on behalf of the owner.
(SEAL)
(Name)
SWOM TO AND ATAM
before me this
day of
MY COMMISSIM E)TIR S:
IVIA -V.,,d Jz
r
tary Publice state of
Florida at Large
(over)
89-392
7
The Keyes Real Estate Development Corporation of America owns
Parcel I, and foutherland Investments, Inc. owns Parcel 2.
Parcel i
Lots 1, 2 and 3, in Block 2, of FIRST AMENDED PLAT OF WINDSOR
PARR, according to the plat thereof, recorded in Plat Book 4,
,�►at Page 104 of the Public Records of Dade County, Florida.
Parce II
..Lots 1, 2, 3, 6, 7 and 8, in Block 1 of THIRD AMENDED PLAT OF
WINDSOR PARR, according to the plat thereof, recorded in Plat
Book 4, Page 145 of the Public Records of Dade County, Florida.
A0*1 2.2A. i34d SWA . (sepal
A V* -,%19 *Ajg (ors)
Ac- 41 MF- .14A Or Cat fMi)
EXHIBIT A
SS-39Z
No
Rat Disclosure of Ownership
For Re -plat of property in City of Miami as described herein
Attachnmt to Disclosure of Ownership Form (For N. E. 13th Street, Biscayne Blvd.)
Re: Item #k3, Legal description of real property located within 375 feet of
subject property, and owned by any parties listed in response to
item #2:
Keyes Real Estate Development Corporation of America
owfiis the following property:
(1) Proerty at 1241 N. E. 2nd Avenue, Miami:
The north 25 feet of Lot 7 and all of Lot 8 in Block 2, of
Third Amended Plat of Windsor Park, according to plat therefore,
recorded in Plat Book 4, at page 145 of the Public Records of
Dude County, Florida, less the portion conveyed to the City of
Miami for street widening purposes, said portion being described
in that certain warranty deed conveying that portion to the City
of Miami, said deed being dated July 19, 1946 and recorded in
Deed Book 2732, Page 537, of the Public Records of Dade County,
Florida.
(2) Property at 1225-1229 N. E. 2nd Avenue:
Lots 6 and 7, less the north 25 feet thereof, Block 2, of Third
Amended plat of Windsor Park, according to the plat thereof, as
recorded in Plat Book 4, at page 145 of the Public Records of
Dade County, Florida.
EXHIBIT B
W --392
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(4ik of AM=
DONALD W. CATMER. /.L. WAR M. 0010
ot�.ae► c1W M8108M
February 5, 1948
Southerland Investments, Inc.
and Keyes Real Estate Development
Corporation of America
100 North Biscayne Boulevard
Miami, FL 33132
Gentlemen:
PAPPAS SUBDIVISION - TENTATIVE PLAT #1115-0
The City of Miami Plat and Street Committee, at its meeting of
February 3, 1988, approved the above tentative plat subject to
the following revisions being made to the tentative plat,
additional information being provided and/or variances being
granted. Please be advised that the processing of your tentative
plat cannot proceed until these conditions have been satisfied.
- Public hearing for approval to close right-of-way.
- Correct zoning reference.
- Dedicate right-of-way as listed: 10' along N.E. 13
Street.
- Show Survey Tie to Monument and section corner.
- Correct Elevations to City Datum.
- Add "City of Miami" in title.
- Show area of lot(s) and "Tract A".
- Show Base Building Line along N.E. 2 Court.
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. 89-392
/0
Pagel of 2
Q
Southerland Investments, Inc. February S. 1988
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 comply to d.
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.
S. 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.
Si rely,
o go a p ell, Jr.,
Chairman, Plat A S reet C ittee
GVC: au
Enclosure: Contact Sheet
cc: Post Buckley Schuh a Jernigan, Inc.
8600 N.W. 36 Street
Miami, Florida 33166-6622
Plata T Est mittee Members
F 1
88-392 1(
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February 11,
1988
Gloria Fox, Chief
Hearing Boards Division
City of Miami
Building & Zoning Department
275 N. W. 2nd Street
Miami, FL 33131
Re: Road Closure Application and Tentative Plat of
Southerland Investments, Inc. and Keyes Real Estate
Development Corporation of America
Dear Ms. Fox:
This letter will serve as our letter of intent and
explanation for the above -referenced road closure and tentative
plat application. Southerland Investments, Inc. and Keyes
Real Estate Development Corporation of America are the owners
of approximately 1.01 acres of land located in the southwest
corner of the intersection of N. E. 13th Street and Biscayne
Blvd. (the "Property"). The Property is more particularly
described in Exhibit A attached to the above -referenced
application. The purpose of this application is to seek the
closure and vacation of the discontinuous portion of N. E.
2nd Court which extends southerly from N. E. 13th Street for
approximately 1501 where it terminates without the benefit
of any type of turnaround facility as more particularly shown
on the tentative plat of Pappas Subdivision (Exhibit E) and
Exhibit B submitted as part of this application.
The Property is located within the boundaries of the
Omni Area Redevelopment Plan (the "Redevelopment Plan") which
was recently approved by the City of Miami and Metropolitan
Dade County. The focus of the Redevelopment Plan is to create
a concerted.public-private effort to encourage the redevelopment
of vacant and under utilized parcels within the Omni area.
EXHIBIT C
Ft. Lauderdale Office
730 Southeast 3rd Avenue
Ft. Lauderdale. Florida 33318
Tebpho w (30S) 481- 28W
Telwopw
e t 30ATLAws03 89�-392 Z
0
Gloria Fox, Chief
February 11, 1988
Page Two
The Property is specifically identified in the Redevelopment
Plan as one of the vacant and under utilized parcels within
the area which should be developed to support the overall
redevelopment of the Omni area.
As part of the Redevelopment Plan, there is also a
discussion of the transportation network and the overall street
system within the Omni areaa. The following is a direct quote
from page 18 of the Redevelopment Plan:
The street system in the Omni area can be
,-haracterized by a few north -south arterial streets
that are highly congested during morning and evening
rush hour, a good overall grid system of arterial
and collector streets with_ excess capacity, and
an overabundance of local streets and alleys that
_would be desireable to abandon for the purposes
of reducing vehicular turning movements and promoting
lot assembly for redevelopment. (emphasis added)
Map 9 of the Redevelopment Plan further identifies specific
local streets which should be closed to promote lot assembly
and redevelopment. The Redevelopment Plan indicates that
such street closures will only be initiated upon request of
the adjoining property owners. Therefore, pursuant to the
Redevelopment Plan, this application now seeks the closure
of the portion of N. E. 2nd Court which is identified as one
of the roadways in the Omni area which should be vacated to
encourage lot assembly and redevelopment.
As the Property currently exists, N. E. 2nd Court divides
it into two separate sites of 15,000 and 23,010 square feet
respectively. As noted in the Redevelopment Plan, these sites
are simply too small to support the type of high intensity
mixed -use development that the Redevelopment Plan calls for
on the Property. Through the closure of N. E. 2nd Court,
the site can be assembled into a single parcel of slightly
more than one acre which will be able to support the development
envisioned by the Redevelopment Plan.
With regard to the technical considerations of the proposed
street closure, the Plat and Street Committee, at its February
3, 1988 meeting, thoroughly reviewed the tentative plat of
Pappas Subdivision (Tentative Plat #1115D) and recommended
approval of the plat including the closure of the portion
of N. E. 2nd Court included within the plat. As it currently
exists, N. E. 2nd Court is a substandard 40 foot wide roadway
that does not provide any turnaround facilities. In short,
SM--392
Fine Jacobson Schwartz Nash Block & England 13
0
'S
Gloria Fox, Chief
February 11, 1988
Page Three
violates most of the roadway standards established in the
City of Miami subdivision regulations. In further support
of this application, it should be noted that the City of Miami
has already vacated the southern portion of N. E. 2nd Court
by Ordinance No. 1205 adopted on December 11, 1934.
We believe that the City of Miami should now vacate the
remaining portion of N. E. 2nd Court and support the
redevelopment of the Omni area through the assembly of
appropriate developable sites along the Biscayne Blvd. corridor.
We look torwarcd to your favorable consideration and would
be happy to provide any additional information which the City
may need or desire as it reviews this application.
CNM/dlw
25750.0001
Very truly
Carter N. yours'McDowe
SS--392
Fine lacobaon Schwartz Noah Block & England J'{
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tM Oman at loft •.: Nests � as• •. YIOmR :�;
- RAM.. be shun br steoad 0010444 Plat thereof re662d64 la MS
+ so" •. Dace in of us Public accord* of as" Cwatf. Rorida,
have requested that %AL% portion of Tietcr/a Court. at ah*r by
acid net. (now called ace known as A.L. atabns Court). nsr*isslter
described, be Gloss&, Vasatct, had sbandae*& as a publla .trots: UK
iM-m. An, it is the woo of WA oam"aeion that the mL&
portion of Tistaria Court (non tallsa out taG= as s.9.-466"A GSWO
is not newssM, &at at so bamsflt. N a prlie atrot Of US Oltp
a s ]ilaai l
TMw'..Foa... U a L&DAI= By TLI CUL1ibION OF VL- CI21 sir
u�rs:
Section 1. l�at
AU of that poetise of Tlsscrla Ccatt (now tailGt AJ6
tad Court) as &town Cy the &*send &msa4ed Plat as Yisasce Past,
as r000rcod is As% yoot a at patio I" as tts Dahlic rtotsvde
at wan Cooatp, Florida, lyus mouth of a liso rwomism ts+sa
the norumast cower of Lot • RIO" i at sal& boom" oM4m6
Plat of iimdeor Past to tas A"Umess termar at Lot • fleet 1
of sold Nscaa Amended Plat of ■issocP Pass
be, sad the some is bare►F, elossd. vaNted a" asWsMa&e
Netion t. )Lis arusmmse is M ba doe3aied %a be mM 003p-
twr as"WN an toe trout at ars'oot paUit Mesa oar tea pramer7asm
as With. Do4", oatmtr mod preDeM of as -poop" of ttc CLIP at
U41".
F bossism a. Tte ro"Lmg et tris es"aeses aaswo "Pus"
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daro is asrroy 4 4pesms• data by a msarotltths sws at Us omm tom Me
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• A8-392�
MONOMER"-,
ON
Mt. Manuel Alonso-Poch offered the following Resolution
and moved its adoption.
RESOLUTION ZB 33-88
RESOLUTION TO RECOMMEND APPROVAL TO THE CITY
COMMISSION OF THE OFFICIAL VACATION AND
CLOSURE OF THAT PORTION OF NE 2ND COURT LYING
WITHIN THE BLOCK BOUNDED BY NE 12TH STREET,
NE 2ND AVENUE, NE 13TH STREET AND BISCAYNE
BOULEVARD, AS A CONDITION OF APPROVAL OF
TENTATIVE PLAT A1115D - "PAPPAS SUBDIVISION".
Upon being seconded by Mr. Richard P. Dunn, II, the
motion was passed and adopted by the following vote:
AYES: Ms. Morales, Basila and Skubish
Messrs. Alonso-Poch, Sands,
Barket and Dunn
NAYES: None
ABSENT: Moran, Mayor, and Luaces
No. Fox: Motion carries 7 to 0.
March 21, 1968, Item 0 7
Zoning Board