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Home My WebLink AboutAnalysis for Vacation and Closure of AlleyPUBLIC WORKS ANALYSIS FOR VACATION AND CLOSURE OF THE ALLEY LOCATED ALONG THE SOUTH SIDE OF N.E. 18 STREET BETWEEN N.E. 4 AVENUE AND NORTH BAYSHORE DRIVE The Plat and Street Committee has reviewed the tentative plat of "On The Park" and determined that all technical requirements contained in the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The Plat and Street Committee has further considered the criteria contained in the Subdivision Regulations of the City Code concerning the vacation and closure of the alley and has voted unanimously in favor of this vacation and closure request. SUBMITTED INTO THE PUBLIC RECORD FOR ITEMP�ON ion, OIL?-0i()5 -a 'Thu Orri ,;a. r1c'.J for 'lac oT ZONING FACT SHEET Legistar File ID: 06-01055ac Location: Approximately the South Side of NE 18th Street Between NE 4th Avenue and N Bayshore Drive [Commissioner Marc David Sarnoff - District 2] Legal: (Complete legal description on file with the Department of Hearing Boards) Applicant: A. Vicky Garcia -Toledo, Esquire, on behalf of On the Park Properties, LLC and On the Park Properties II, LLC 200 S Biscayne Boulevard #2500 Miami, FL 33131 (305) 350-2409 Zoning: Request: SD-6 Central -Commercial Residential District A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED ALONG THE SOUTH SIDE OF NORTHEAST 18TH STREET BETWEEN NORTHEAST 4TH AVENUE AND NORTH BAYSHORE DRIVE, MIAMI, FLORIDA. Purpose: This will allow a unified development site for the previously approved On the Park Properties Major Use Special Permit. Findings: Planning Department: Recommended approval. Public Works: Recommended approval. Plat and Street Committee: Recommended approval with conditions on September 14, 2006 by a vote of 7-0. Analysis: See supporting documentation. Zoning Board: Continued from the Zoning Board hearings of June 11, 2007 and July 30, 2007. Recommended approval to City Commission on September 24, 2007 by a vote of 7-2. Zoning Board Resolution: ZB-07-0082 City Commission: October 25, 2007 SUBMITTED INTO THE PUBLIC RECORD FOR iTEMz 15 ONw-zs- 0 PLANNING DEPARTMENT ANALYSIS Case No. 2006-01055ac CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE ALLEY LOCATED ALONG THE SOUTH SIDE OF NORTHEAST 18th STREET BETWEEN NORTHEAST 4th STREET AND NORTH BAYSHORE DRIVE. Pursuant to Section 55-15 (c) of the Miami City Code, the Planning Department has reviewed the proposed public right-of-way vacation and closure to determine whether it is in the public interest, or whether the general public would benefit from the vacation of the right-of-way. The following findings have been made: • It is found that this application was presented to the Plat and Street Committee and the tentative Plat was approved with conditions. (See attached analysis). • It is found that the vacation of the alley will allow a unified development site for a previously approved mixed use project more specifically knows as "On the Park". • It is found that the closure of the alley and its replacement with a public and emergency access will keep the service activities provided by the original alley. • It is found that the proposed easement vacation comply with Section 55-15 (c) of the Miami City Code for public benefit since the proposal will not affect the core service activities. Based on these findings, the Planning Department recommends approval of the request. SUBMITTED INTO THE PUBLIC RECORD FOR ITEMz is ONwz-or Miami Zoning Board Resolution No.: 07-0082 Monday, September 24, 2007 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED ALONG THE SOUTH SIDE OF NORTHEAST 18TH STREET BETWEEN NORTHEAST 4TH AVENUE AND NORTH BAYSHORE DRIVE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD-6 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr. Bret Berlin Yes Mr. Ron Cordon No Mr. Miguel Gabela Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Yes Mr. Jorge Luis Lopez Yes Mr. Juvenal A. Pina Away Mr. Cornelius Shiver No Mr. Angel Urquiola Yes AYE: 7 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 7-2 SUBMITTED INTO THE PUBLIC RECORD FOR 1TEM z 15 ON (O-z5- 01. t Teresita L. Fernandez, Executive Secreta Hearing Boards File ID#: 06-01055ac Z.3 Exhibit "A" Legal Description of Properties PARCEL 1: Lot 1, Block 8, MIRAMAR, according to the plat thereof, as recorded in Plat Book 5, Page 4, Public Records of Miami -Dade County, Florida. PARCEL 2: Lots2 and 3, Block 8, MIRAMAR, according to the plat thereof, as recorded in Plat Book 5, Page 4, Public Records of Miami -Dade County, Florida. PARCEL 3: Lot 4, Block 8, MIRAMAR, according to the plat thereof, as recorded in Plat Book 5, Page 4, Public Records of Miami -Dade County, Florida. PARCEL 4: ALLEY TO BE VACATED The 10' alley Tying between Lots 1, 2, 3, and 4, Block 8, MIRAMAR, according to the plat thereof, as recorded in Plat Book 5, Page 4, Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the Northeast corner of said Lot 2, Block 8, thence N90°00'00"E along the' South right of way line of N.E. 18th Street, also being the Easterly extension of the North line of said Lot 2, Block 8 for 10.03 feet to the Northwest corner of said Lot 1, Block 8, said point also being a point on a circular curve concave to the West and whose radius point bears N85°16'15"W; thence South along the West line of said Lots 1 and 4, Block 8, being a 558.00 foot radius curve, leading to the right, through a central angle of 13°13'39" for an arc distance of 128.82 feet to the Southeast corner of said Lot 4; thence N76°22'27" along the Northwesterly extension of the South line of said Lot 4, Block 8, for 10.03 feet to the Southeast corner of said Lot 3, Block 8, being a point on a circular curve concave to the West and whose radius point bears N71°57'51"W; thence North along the East line of said Lots 2 and 3, Block 8, being a 548.00 foot radius curve leading to the left, through a central angle of 13°13'13" for an arc distance of 126.44 feet to the Point of Beginning. Lot 1 - 1778 N. Bayshore Drive; folio 01-3231-003-0580 Lot 2 - 430 N.E. 18u' Street; folio 01-3231-003-0620 Lot 3 - 1799 N.E. 4w Avenue; folio 01-3231-003-0630 Lot 4 - 1770 N. Bayshore Drive; folio 01-3231-003-0640 MIAMI 1318462.1 7687725453 SUBMITTED INTO THE PUBLIC RECORD FOR 1TEMF215- ON io a5- o�. hE Dam !,TREE1 FT TM t F-M-7 SITE if!z1 NE qt. TEJITW,E ; • I I i ,•,.: L'..' .,•1';',11;...' • , ••• ..... ; , • • ''.- -• • - ),••• .1 •• VvIVA 6 T,,,T, , A.T.T.,....,V1 J L_ -.-1,1- --- I L r SETAE. A' ft \ \ I t 01.We • I • ' • • I I ••••• ROT TO SCALE t:. / L'•.-Irt_.; , / I r )1 -" / / ' 1 1 / / - „ a / / ...r. 7a .....A.., -, „ ........1 , / , / /1 / . ' --"--<,,.• ... ,_. ,.... // / ......, / / / k6.0,7 m,Lw e.t, kV 4iit 4 ,/ / i\ 00...ETI OAKS (410.97.21. 70.....91/ 4 944.4 OJT i i uil VHItitlIIIDI/LILA 161 X 14 ID. STREET ... CE I < I 1 LOCATION SKETCH I SCALE PORTION OF KW. 1/4 SEC. 31 - T. - R. 42 E. 1. 9E44 005914.419 ..ukhn.0 10.0. • W W. .zrg \ nt r Towel /I (;.? 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Vaa'ZR- 991.9 99 ••••• 69/ 90 .0 •••••IIfl1b run - 19. 9991•0 .1.19 ol,••• mweri• ims•• WNW WWw •-• • WWW WWWW Ww••• - 1Ww we ••••••• 019 919 19.1. 9 Ka. 1.9 • 111.1. • 1•96 Onanau• aran 0.9 ....a 1.10. 9 9. ctti4FEATopo. 94.0.1.0•09. b. • boll. 01.144.49OSCERTEDWO. 9.• .99 1.119 M... E. ....mos rat 11 =cod par a. "es t 901. be .0. 4.6. bre •61 Prou...... col 1001. .1011-4 •1111.41. owol Swe 0104. v. 4.3.413.6 *ow w *WO . 1•IP\ • WA ha. •• be • .0bot • ....a ./ ow Phor b ••••••• Wwwl ik• • W 11.4 _J •• WOK., :0*AiROF e.PD Seq. book sr., Sou SOL,Irkt 1,I1W RAT 04.9.14 \ 1 0 1J1;-- II y Yr • gri J-- I ir G O 1 i Z I t 1 ,:raaeLEOEM - • .19 PIM Lif_. • 4.004 99( Runic SC= LEGE 10•••101.1 .191 • .111•19119 0,989.90.1 11.• 191. -..- • 4.4444 44 4,1- 4. 44 -4.- • 4444. .... 1:3- 444.44. ICS - .444 TREE TABLE 0ormIZ „IS .31 1C, 74- *r-e- 9.1 b.• 0•••• 10 OCT-24-2007 15:10 FROM:CITY PUBLIC WORKS 305416127E TO:BSBPA P.2'3 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Stephanie N. Grindell, P.E. Director Public Works Department FROM! l+ nand el err Professional Engineer IV Public Works Department DATE: September 19, 2006 FILE: SUBJECT : New Tentative plats with easement and alley closures REFERENCED: ENCLosuREs.Vote tally forms (4) At the September 14, 2006 Plat and Street Committee meeting, three new tentative plats were approved that contained easement and alley closures and one alternative alley closure procedure was reviewed. The results of the Committee's review of the public interest findings concerning these closures are summarized as follows: C "ON'TT-T'E-P11-X"`(all eye 1. The closure of the alley and replacement with a public and emergency access easement will keep core service activities for the proposed development off of the roadways surrounding the project and out of view of the public. The general public, service and emergency vehicles will continue unlimited access to the closed end of the alley. 2. The general public, service and emergency vehicles fully utilize the existing alley. 3. There will be no change or adverse effect on the ability to providepolice, fire or emergency vehicle access subject to a replacement access easement being provided. 4. There will be no impact on pedestrian or vehicular circulation subject to a replacement access easement being provided. The Plat and Street Committee members voted 7 in favor and 0 in denial of this alley closure request conditioned upon the provision of an easement through the new subdivision for public, service and emergency vehicles. "DAYS INN TRACT" (easements) 1. The general public is not using the easements and all utilities that formerly occupied the easements have been removed. 2. No public, service or emergency vehicles utilize the easements. 3. Police, Fire and emergency vehicle access is being provided at other access points to the proposed development. SUBMITTED INTO THE PUBLIC RECORD FOR ITEMz_ON O2O1' OCT-24-2007 15:10 FROM:CITY PUBLIC WORKS 3054161278 TO:BSBPR P.3/3 4. No pedestrian or vehicle access is provided by the existing easement and the property is currently abutted by a fully developed public roadway. The Plat and Street Committee members voted 6 in favor and 0 in denial of the easement closure. "MAGNOLIA PLACE" (alley) 1. The alley currently "dead ends" into the I95 entrance ramp with no easterly or westerly access to the alley. The general public is not using the alley for access. A major storm sewer outfall pipe is located within the alley that serves the design district roadways as well as Biscayne Boulevard. 2. Public, service and emergency vehicles do not utilize the alley. 3. There is currently no access to the alley from the abutting public roadways and the closure will not adversely affect the ability to provide Police, Fire or emergency services. 4. The alley does not provide pedestrian or vehicular circulation and the site is abutted by fully developed roadways that better provide for traffic circulation and access. The Plat and Street Committee members voted 6 in favor and 0 in denial of this alley closure request conditioned upon the relocation/reconstruction of the existing storm sewer pipe to the nearest public roadway at the expense of the property owner. "PUBLIC ALLEY BETWEEN N.W. 31 AVENUE AND N.W. 32 AVENUE FROM N.W. 4 TERRACE TO N.W. 5 STREET" (alternate process) The alley is not utilized for vehicular or pedestrian access by the general public or emergency and service vehicles. This undeveloped alley is not needed to provide emergency vehicular access and adjacent properties do not gain access from the alley. Vehicular and pedestrian traffic circulation is adequately provided by the adjacent roadway network. A petition was received from all 4 property owners abutting the alley in favor of its closure and vacation. Based on these findings, the Plat and Street Committee voted 6 in favor and 0 in denial of this alley closure and vacation request subject to a utility easement being retained on the former alley. LJI-l/wjj c: Francis Mitchell, Assistant Director Julianne Diaz, Assistant Director be: Development and Roadway Plans Central SUBMITTED INTO THE PUBLIC RECORD FOR ITEMzzo___-___ONto-z6- o-)