HomeMy WebLinkAboutDepartment Analyses, Maps & PZAB ResoPLANNING DEPARTMENT
ANALYSIS
Case No. 2013- 00573sc
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A STREET
LOCATED BETWEEN NORTHWEST 36T" COURT AND NORTHWEST 377H AVENUE AND
BETWEEN NORTHWEST 4TH STREET AND NORTHWEST 5TH STREET, MIAMI, FLORIDA.
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:
• NW 4TH Terrace divides two vacant two blocks of private property. This roadway is
developed with two driving lanes of asphalt and landscaping. There are no sidewalks
on this roadway. The closure of the roadway will reduce undesirable traffic intrusion
into the neighborhood east of the proposed tentative plat site; however, will also
eliminate an access connection to NW 37th Avenue currently available to
neighborhood residents. No development of the property is scheduled in
conjunction with the proposed tentative plat.
• Emergency vehicles, including Fire -Rescue, utilize NW 4th Terrace to serve adjacent
property and for access to the neighborhood. The general public currently utilizes
this roadway for access to the neighborhood east of the proposed tentative plat
property.
• Emergency and service vehicles, including Fire -Rescue, have adequate access to
the tentative plat property and the neighborhood located to the east if this segment
of roadway is closed and vacated. Solid Waste services will not be adversely
affected by the closure of this roadway.
• NW 4th Terrace connects to NW 37th Avenue, a collector/minor arterial roadway, and
extends 3 blocks eastward into the residential neighborhood. The proposed closure
reduces the connection points to NW 37th Avenue, thereby enhancing traffic flow
along the primary road. However, the reduction of access points to the primary road
also adversely affects traffic circulation in the residential neighborhood and
ingress/egress to the primary road from the residential neighborhood. The
representative for the tentative plat applicant suggests that traffic to and from the
residential neighborhood is light but offers no development improvements that may
enhance pedestrian or vehicular traffic circulation.
• The Plat and Street committee members voted to recommend 0 in favor and 7 in
denial of this street closure request. The Plat and Street Committee further
recommended that the tentative plat applicant prepare and include a traffic study
with the Planning, Zoning and Appeals Board Street Closure application.
Based on these findings, the Planning and Zoning Department recommends
denial of the request.
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Address: 13-00573ac
"MAGIC CITY EAST" SUBDIVISION
CLOSURE AND VACATION OF A STREET (NW 4 TERRACE) LOCATED BETWEEN NW 4 STREET AND
NW 5 STREET FROM NW 36 COURT TO NW 37 AVENUE, MIAMI, FLORIDA
The Plat and Street Committee has reviewed the tentative plat of "Magic City East" 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
considered the vacation and closure of a street (NW 4 Terrace) located between NW 4 Street and NW 5
Street from NW 36 Court to NW 37 Avenue with respect to the Miami City Code requirements and has
voted to recommend 0 in favor and 7 in denial of this vacation and closure request. The Plat and Street
Committee further recommends that the tentative plat applicant prepare and include a traffic study
with the Planning Zoning and Appeals Board street closure application.
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JOHNNY MARTINEZ, P.E.
City Manager
October 10, 2012
West Flagler Associates, Ltd.
PO Box 350940
Miami, FL 33135
MAGIC CiTY EAST —TENATATIVE PLAT #1793
LOCATED BETWEEN NW 36 COURT AND NW 37 AVENUE AND
BETWEEN NW 4 STREET AND NW 5 STREET
Ladies and Gentlemen:
The City of Miami Plat and Street Committee, at its meeting of October 4, 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. Provide a properly executed Tentative Plat application.
2. Provide a corporate resolution showing who has authority to sign for the corporation.
3. Provide a certified corner record for the nearest section corner.
4. Show the existing underground utility information including storm sewer facilities. Storm
sewer information shall include invert elevation, pipe size and direction of pipes.
5. Verify with the Zoning Department that the proposed tract lines align with the zoning
district boundary lines.
6. Label the property as "vacant." Also, in the "existing improvement" information, delete
the reference to "existing parking area."
7. Existing utilities in the street to be closed and vacated must be relocated or easements
must be provided.
8. A letter from Corncast is required to determine if any adjustments to their facilities or
easements are required.
9. Verify with the Miami -Dade County that the proposed plat name is acceptable.
10. All encroachments across proposed tracts and/or lot lines must be removed prior to final
plat submittal.
11. An opinion of title, in the City of Miami opinion of title form, must be provided at the time.
of the final plat submittal.
12. 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.
13. Tentative plat application must be made with Miami -Dade County after receiving
approval from the City of Miami Plat and Street Committee.
14. 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.
DEPARTMENT OF PUBLIC WC]RK5
444 S.W. 2nd Avenue / Miami, Florida 33130 / (305) 416-1 200 / Fax. (305) 416-1278
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
Magic City East Tentative Plat # 1793
October 10, 2012
15. 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.
16. A letter of concurrency from Miarni-Dade County School Board is required prior to the
final plat approval (see contact sheet).
17. 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 dosed and vacated. A copy
of the opinion of title must be provided to the Public Works Department.
18. The Planning, Zoning and Appeals Board will require a sketch and legal description with
a square footage, on an 8 %" x11" paper, for the proposed closure. Contact the Office of
the Hearing Boards, at 305-•41 fi-2030. Provide a copy to the Pubic Works Department.
19. The Plat and Street Committee has reviewed the tentative plat of MAGIC CITY EAST
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 Committee have further considered the request for
vacation and closure of the street with respect to Miami City Code requirements and
have voted to recommend 0 in favor and 7 in denial of this vacation and closure request.
The Plat and Street Committee further recommends that a traffic study be prepared by
the applicant to be included in the applicant's presentation to the Planning, Zoning and
Appeals Board.
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(i). 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. In order to mitigate problems associated with access and construction activities
throughout the neighborhood, the contractor/developer is encouraged to notify the
affected neighborhood residents, in writing, of the project starting and completion
dates at the time of issuance of permits. The contractor/developer may coordinate
the notification of residents with the local City of Miami NET Service Center.
6. 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
Magic City East Tentative Plat # 1793
October 10, 2012
notified in writing as to what these items are after the amount of the bond has been
determined for the necessary subdivision improvements.
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,
zeribe Ihekwaba, Ph.D., P.E.
Director of Public Works
N IILJ H/cdt
raif0/ram
Enclosure: Contact Sheet, MDWSD Comments.
c: Mark S. Johnson, P.S.M.
Schwebke-Shiskin & Associates, Inc.
3240 Corporate Way
Miami, FL 33025
Nzeribe Ihekwaba, Ph.D., P.E., Director of Public Works
Rat and Street Committee Members
Surveys
Development and Roadway Plans
Central
Miami Planning, Zoning and Appeals Board
File ID 13-00573sc
Resolution: PZAB-R-13-030
June 19, 2013 Item PZAB.1
Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
DENYING THE CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR
PUBLIC USE A STREET LOCATED BETWEEN NORTHWEST 36TH COURT AND
NORTHWEST 37TH AVENUE AND BETWEEN NORTHWEST 4TH STREET AND NW
5TH STREET, MIAMI, FLORIDA; LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED).
Upon being seconded by Mr. David H. Young, the motion passed and was adopted by a
vote of 8-1:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Ms. Jennifer Ocana Barnes
Mr. Chris Collins
Ms. Maria Lievano-Cruz
Mr. Charles A. Garavaglia
Mr. Charles A. Gibson
Ms. Maria Beatriz Gutierrez
Mr. Ernest Martin
Mr. Daniel Milian
Mr. Juvenal Pia
Ms. Janice Tarbert
Ms. Melody L. Torrens
Mr. David H. Young
Yes
Yes
Yes
No
Yes
Yes
Absent
Absent
Yes
Yes
Absent
Yes
Francscgl Garcia, Director
'.Planning arld Zoning Department
Personally appeared before me. the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS t DAY OF .. U' , 2013.
Print Notary Name Personally know (7
or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath t�
NotarWPubli`-Sta
of Florida
My Commission Expires:
Notary Pubdic State of Florida
Sandra Forges
My Commission EE 877355
Expires 02/21/2017