HomeMy WebLinkAboutDepartment & Committee Analyses & Color MapsPLANNING DEPARTMENT
ANALYSIS
Case No. 201- 00652sc
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT
PORTION OF A STREET LOCATED BETWEEN NE 27 STREET ALLEY ON THE WEST SIDE
OF BISCAYNE BAY AND APPROXIMATELY 375 FEET WEST THEREOF "GARDEN PARK
ON THE BAY"
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:
• NE 28th Street and North Bayshore Drive are poorly developed roadways at this location.
The proposed development intends to preserve views to the bay while conveying 15,906 SF
for a public park. The project design incorporates public access to the waterfront from NE
28th Street and creates connectivity to public improvements which are part of the approved
Crimson Tower project to the south. Upon completion of the subject and Crimson Tower
project, public access to the waterfront will extend from approximately NE 6th Avenue and
27th Street to northernmost point of the inlet, resulting in — 415' of improved public baywalk.
• The proposed development will result in the improvement of a presently dysfunctional right
of way pattern which includes three dead-end streets into a reconnected and functional grid
that provides enhanced traffic flow throughout the area.
• The City and PRH 28th, LLC (PRH) which is the owner of various parcels of land abutting the
dead end of NE 28th Street and Biscayne Bay are co -applicants to replat and to close this
platted, yet unimproved street.
• PRH would convey by easement 9,775 SF for pedestrian access under the building and
covey by deed, approximately 15,906 SF of land adjacent to an existing 6,875 SF City
parcel to create a public park of approximately 22,781 SF.
• The expansion of the public park is consistent with the City of Miami Parks and Public
Spaces Master Plan, which encourages the creation of pocket parks where small plots of
public or private land are identified. Additionally, the City of Miami Bicycle Master Plan,
indicates that NE 29th Street is designated a Scenic View Route. Consequently, the
proposed pans incorporate a route for bicyclists to access the public park.
• PRH shall install directional signage to the park, as approved by the Planning and Zoning
Department and the Department of Public Works.
• The Plat and Street Committee's recommendation considered the presentation by the
applicant's attorney whereby the following public interest enhancements were offered:
a. The property owner(s) of the "Garden Park on the Bay" tentative plat property shall
participate in the routine perpetual cleaning of the NE 28 Street bayfront inlet.
b. Tract "B", the "public park" shall be deeded to the City of Miami.
c. The developer of the "Garden Park on the Bay" tentative plat property, in concert with
"Crimson" development, shall construct pedestrian and bicycle, but not motor vehicle,
improvements in the "public park" and along thebayfront, including a bayfront walkway.
d. The property owner(s) of the "Garden on the Bay" tentative plat property shall
perpetually perform the routine maintenance of the "public park" and bayfront walkway.
e. A pedestrian and bicycle ingress/egress easement shall be provided in the approximate
area of the closed portion of NE 28 Street right of way to provide a direct public
connection to the bayfront. The proposed building over the easement shall exceed the
minimum 16 foot vertical clearance to preserve the axial view corridor of Biscayne Bay
from NE 28 Street.
f. Provisions shall be made in the design of the Public Park and ingress/egress easement
to physically support emergency and maintenance vehicles that may require access to
the bayfront on a non -routine basis.
g. The developer of the "Garden Park on the Bay" tentative plat property shall coordinate
the design of the building over the access easement connection between NE 28 Street
and NE 29 Street with utility companies and the City to provide the necessary vertical
clearance to accommodate emergency, utility and service vehicles
• It is found that emergency vehicles and equipment use the right of way for access to
adjacent properties and the bayfront. Public Works uses the right of way for access for
maintenance of the bayfront. The general public and neighborhood residents utilize the right
of way and for access to the bayfront.
• It is found that, if appropriate alternative access easements are provided at the ends of NE
28 Street and NE 27 Street Alley, there would be no adverse affect on providing emergency
services.
• It is found that North Bayshore Drive provides connection and circulation between NE 28
and NE 27 Street Alley. The closure of North Bayshore Drive will limit access and circulation
• It is found that this application was presented to the Plat and Street Committee and
recommended with a vote of3 in favor and2in denial.
Based on these findings, the Planning Department recommends Approval with
Conditions as stated in the Plat & Street Committee letter dated June 12, 2012.
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M IAM 121 MAP
600 Feet
12-00652sc BETWEEN NE 27 ST Alley & NE 29 ST
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600 Feet
12-00652sc BETWEEN NE 27 ST Alley & NE 29 ST
"GARDEN PARK ON THE BAY" SUBDIVISION
CLOSURE AND VACATION OF A PORTION OF NORTHEAST 28 STREET FROM NORTH BAYSHORE DRIVE TO
APPROXIMATELY 150 FEET WEST THEREOF AND NORTH BAYSHORE DRIVE FROM NORTHEAST 27 STREET
ALLEY TO APPROXIMATELY 263 FEET NORTH THEREOF
The Plat and Street Committee has reviewed the tentative plat of "Garden Park on the Bay" subdivision
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 reviewed the closure and vacation of a portion of NE 28 Street and North Bayshore Drive with
respect to the Miami City Code and Zoning Code requirements and considered the presentation by the
applicant's attorney whereby the following public interest enhancements were offered:
1. The property owner(s) of the "Garden Park on the Bay" tentative plat property shall participate
in the routine perpetual cleaning of the NE 28 Street bayfront inlet.
2. Tract "B", the "public park", shall be deeded to the City of Miami.
3. The developer of the "Garden Park on the Bay" tentative plat property, in concert with the
"Crimson" development, shall construct pedestrian and bicycle, but not motor vehicle,
improvements in the "public park" and along the bayfront, including a bayfront walkway.
4. The property owner(s) of the "Garden Park on the Bay" tentative plat property shall perpetually
perform the routine maintenance of the "public park" and bayfront walkway.
5. A pedestrian and bicycle, ingress/egress easement shall be provided in the approximate area of
the closed portion of NE 28 Street right of way to provide a direct public connection to the
bayfront. The proposed building over the easement shall exceed the minimum 16 foot vertical
clearance to preserve the axial view corridor of Biscayne Bay from NE 28 Street.
6. Provisions shall be made in the design of the public park and ingress/egress easement to
physically support emergency and maintenance vehicles that may require access to the bayfront
on a non -routine basis.
7. The developer of the "Garden Park on the Bay" tentative plat property shall coordinate the
design of the building over the access easement connection between NE 28 Street and NE 29
Street with utility companies and the City to provide the necessary vertical clearance to
accommodate emergency, utility and service vehicles.
Based on all of the evidence presented, the Plat and Street Committee voted to recommend 3 in favor
and 2 in denial of this vacation and closure request.
City IA term
JOHNNY MARTINEZ, P.E.
City Manager
June 12, 2012
PRH NE 28th Street, LLC
315 South Biscayne Boulevard, 3rd Floor
Miami, FL 33131
GARDEN PARK ON TILE BAY —TENTATIVE PLAT #1789
LOCATED BETWEEN. NE 27 STREET ALLEY. AND NE 29 STREET ON THE WEST SIDE
OF BISCAYNE BAY AND APPROXIMATELY 375 FEET WEST THEREOF
Ladies and Gentlemen:
The City of Miami Plat and Street Committee, at its meeting of June 7, 2012 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:
1. hi the location sketch:
a. Provide lot and blocks numbers, subdivision names and plat book and page numbers, for
the proposed plat area and adjacent subdivision, as applicable.
b. Provide a fractional description.
c. Label the name of proposed plat.
d. Remove line next to the label Biscayne Bay, connecting Tract A and Lot 29.
2. Provide a bearing and distance for the center lines and monument lines.
3. Provide Mean High Water Survey approved by Florida Department of Environmental Protection.
4. Utilities within the proposed Right of Way to be vacated will have to be relocated or easements
provided.
5. An opinion of title for the remnant portion of Lots 1, Block 14, of P.B. 2, P.G. 58 must be
provided at the final plat submittal.
6. The underlying plat of BANKERS PARK (PB2, PG 53) dedicates "Witham Ave." (now known
as NE 28 Street) to the owners of the lots abutting the roadway and each lot owner is guaranteed
the right to use the Bay Front. Add a note that the lot owners of the BANKERS PARK
subdivision shall continue to have the right to access and use the Bay Front.
7. The proposed development on the newly platted property shall be properly integrated with
existing and upgraded roadway and utility infrastructure.
8. The Fire -Rescue Department may require easements for access, fire lanes, utilities and other
appurtenant Fire -Rescue Department infrastructure.
9. New fire hydrants may be required.
10. Add a note that all improvements are to be removed.
11. City of Miami Law Department review for correctness required for access to the Bay Front.
12. Provide written approval from the Supervisor of Plats that the access easement between NE 28
Street and NE 29 Street satisfies the requirements of City Code Section 55-15 (b)(3) in lieu of a
cul-de-sac.
13. Provide written approval from the Supervisor of Plats that the access easement across adjacent
property satisfies the requirements of City Code Section 55-15 (b)(4) and that the grants
contained in the easement document sufficiently provides for the access rights of the general
DEPARTMENT OF PUBLIC WORKS
444 S.W. 2ncl Avenue / Miami, Florida 33130 / (305) 416-1200 / Fax: (305) 416-1278
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
GARDEN PARK ON THE BAY
TENTATIVE PLAT #1789
JUNE 12, 2012
Page 2 of 4
public. Information concerning the proposed easement located outside the boundaries of the
tentative plat shall be shown on the proposed plat.
14. Correct the zoning description in the tentative plat application.
15. Complete the existing underground storm sewer information and show all existing underground
information on the main sketch, including pipe sizes and inverts.
16. A letter from Comcast is required to determine if any adjustments to their facilities or easements
are required.
17. Verify with the Miami -Dade County that the proposed plat name is acceptable.
18. All encroachments across proposed tracts and/or lot lines must be removed prior to final plat
submittal.
19. An opinion of title, in the City of Miami opinion of title form, must be provided at the time of the
final plat submittal.
20. Current backup documentation will be required for all who execute the final plat. A resolution for
authority to execute documents and a Certificate of Good standing from the Secretary of State are
required, if applicable. .
21. Tentative plat application must be made with Miami -Dade County after receiving approval from
the City of Miami Plat and Street Conunittee.
22. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is
the owner's responsibility to work with his surveyor and his attorney to assure that everything is
in order before submitting the final plat package.
23. Be advised that if all the requirements for scheduling the final plat for City Commission action
are not in order, the final plat will not be scheduled for a City Commission meeting.
24. A letter of concurrency from Miami -Dade County School Board is required prior to the final plat
approval (see contact sheet).
25. An opinion of title as to the reversionary rights for the right-of-way to be closed and vacated will
be required by the Planning, Zoning and Appeals Board. The opinion of title must also address
whether or not there are individuals, in addition to the abutting property owners, having an
interest in the right-of-way to be closed and vacated. A copy of the opinion of title must be
provided to the Public Works Department.
26. The Planning, Zoning and Appeals Board will require a sketch and legal description with a square
footage, on an 81/2" xl l" paper, for the proposed closure. Contact the Office of the Hearing
Boards, at 305-416-2030. Provide a copy to the Public Works Department.
27. The Plat and Street Committee has reviewed the tentative plat of GARDEN PARK ON THE
BAY subdivision and determined that all technical requirements contained in the Miami City
Code Subdivision Regulations have been met and has approved the tentative plat. The members
of the Plat and Street Cormnittee have further considered the request for vacation and closure of
the streets with respect to Miami City Code requirements and have voted 3 in favor and 2 in
denial of this vacation and closure request.
The Plat and Street Committee recommendation concerning the closure and vacation of portion of NE 28
Street and North Bayshore Drive considered the presentation by the applicant's attorney whereby the
following public interest enhancements were offered:
a) The property owner (s) of the "Garden Park on the Bay" tentative plat property shall participate in
the routine perpetual cleaning of the NE 28 Street bayfront inlet.
b) Tract "B," the "public park" shall be deeded to the City of Miami.
c) The developer of the "Garden Park on the Bay" tentative _plat property, in concert with the
"Crimson" development, shall construct pedestrian and bicycle, but not motor vehicle,
improvements in the "public park" and along the bayfront, including a bayfront walkway.
d) The property owner (s) of the "Garden Park on the Bay" tentative plat property shall perpetually
perform the routine maintenance of the "public park" and bayfront walkway.
GARDEN PARK ON THE BAY
TENTATIVE PLAT #1789
June 12, 2012
Page 3 of 4
e) A pedestrian and bicycle ingress/egress easement shall be provided in the approximate area of the
closed portion of NE 28 Street right of way to provide a direct public connection to the bayfront.
The proposed building over the easement shall exceed the minimum. 16 foot vertical clearance to
preserve the axial view corridor of Biscayne Bay from NE 28 Street.
f) Provisions shall be made in the design of the public park and ingress/egress easement to
physically support emergency and maintenance vehicles that may require access to the bayfront
on a non -routine basis.
g) The developer of the "Garden Park on the Bay" tentative plat property shall coordinate the design
of the building over the access easement connection between NE 28 Street and NE 29 Street with
utility companies and the City to provide the necessary vertical clearance to accommodate
emergency, utility and service vehicles.
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.
REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD
version, to the City of Miami Public Works Department, Roadway Plans Section will
EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement
letter required for the final plat approval.
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 or as authorized by the City of Miami Code Section 55-10(h). 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 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 detennined for the
necessary subdivision improvements.
6. Tentative plat approval is only valid for one (1) year and six (6) months 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.
Sincerely,
eribe Ihekwaba, Ph.D., P.E.
Director of Public Works
Enclosure: Contact Sheet
GARDEN PARK ON THE BAY
TENTATIVE PLAT #1789
JUNE 12, 2012
Page 4 of 4
c: Mike J. Bartholomew, P.S.M.
• Biscayne Engineering Company, Inc.
529 W. Flagler Street
Miami, FL 33130
Iris V. Escarra
Greenberg Traurig, P.A.
333 S.E. 2 Avenue
Miami, FL 33131
Nzeribe Ihekwaba, Ph.D., P.E., Director of Public Works
Plat and Street Committee Members
Surveys
Development and Roadway Plans
Central
`.t#v .LYf 41Thtm,
JOHNNY MARTINEZ, P.E.
CITY MANAGER
May 31, 2012
Iris Escarra, Esq.
Greenberg Traurig
333 Avenue of the Americas
Suite 4400
Miami, FL 33131
irrriba
P.O. BOX 330708
MIAMI, FLORIDA33233-0708
(305) 250-5400
FAX (305) 250-5410
Re: GARDEN PARK ON THE BAY - Tentative Plat Application and Street
Closure Request.
Dear Ms. Escarra:
We are in receipt of your request dated May 16, 2012, for the City to join in the GARDEN
PARK ON THE BAY Tentative Plat and adjoining Street Closure application. As you are
aware, the City owns a filled un-platted strip of land at 498 NE 28th Street, Miami, FL ("City
Parcel"). As you have advised us, the City Parcel is being included in the plat in order to expand
the City Parcel to develop a larger public park, in connection with the proposed development by
PRH NE 28th St, LLC, for a residential building.
Please be advised that the City, by and through its administration, is signing the application only
for the purpose of moving the application forward, and my execution in no way indicates my or
the Public Works director's approval of the tentative plat. Only the City Commission, with the
recommendation of the plat and street committee, can grant such approval. The remaining
applicants can in no way rely on my execution of the application to represent an approval of the
plat or of the project. In addition, the City Commission will also need to accept the additional
land being added to the City Parcel in order to create the park.
Furthermore, the City is not responsible for any expenses related to the platting of the land, and
PRH acknowledges and accepts to pay for any and all related expenses.
incerely,
J , y Martinez, P.E.
City Manager
c: Alice N. Bravo, Assistant City Manager/Chief of Infrastructure
Nzeribe Ihekwaba, PhD, Director, Department of Public Works
Francisco Garcia, Director, Department of Planning & Zoning
Victoria Mendez, Assistant City Attorney, Office of the City Attorney