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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoANALYSIS FOR STREET CLOSURE File ID# 15-01393sc REQUEST: Pursuant to Section 55-15 (c) of the Miami City Code, the applicant proposes the closing, vacating, abandoning, and discontinuing for public use a portion of a right of way. PROJECT ADDRESS: A portion of Southwest 37th Court between Southwest 40th Street (Bird Road) and Peacock Avenue, approximately .330 acres (14,398 square feet). APPLICANT: Ryan Baline, Esquire on behalf of the property owner, MCREF Bird Road Development LLC and MCREF Bird Road Development II LLC. COMMISSION DISTRICT: District 2 ZONING DESIGNATION: T6-12-0 FOLIO#: not applicable NET OFFICE: Coral Way GENERAL INFORMATION: REQUEST: Pursuant to Section 55, Section 55-15(c), of the City Code of Ordinances, the applicant requests the vacation, closure and discontinuing the use of a public street. BACKGROUND: On May 22, 2015, the properties located at approximately 3734, 3736 and 3750 Bird Road; 3031 SW 37th Court; and 3090 SW 37th Avenue were rezoned from "D1" Work Place to "T6-12-0" Urban Core (File ID 14-00055zc). The rezone encourages redevelopment and new development of the area. The request to vacate and close the street at SW 37th Court between Bird Road and Peacock Avenue is to facilitate development of a new mixed -use project (Modera II) located east of SW 37th Court. SW 37th Court is a two-way thoroughfare of approximately 14,398 sq. ft. that flows north to south. PEACOCK AVER Zoning view of SW 37 Court (hatched) Aarial Viaw of CIA/ 17 Cni ir+ (Jr, ro,1\ City of Miami Planning and Zoning Department As depicted below SW 37th Court lies between the existing development at Modera Station Phase I Apartments and the proposed mixed -use project Modera Station Phase II (which staff will refer to hereafter as Modera II). The proposed development for Modera II faces three important intersections: SW 37th Avenue and Peacock Avenue, Peacock Avenue and SW 37th Court, and SW 37th Court and Bird Road. As part of the rezoning to T6-12-0 the applicant's representatives stated they would activate the ground floor of new buildings and developments with amenities to promote pedestrian interaction. The proposed closure of SW 37th Court to vehicular traffic will help the applicant increase active commercial uses along the ground floor. Project site of Modera II (hatched in red) ANALYSIS: Proposed Modera II (right) Existing Modera I (left) The following is an evaluation of the request pursuant to Section 55-15(c) of the City Code of Ordinances which provides that in addition to technical requirements for vacation and closures, that the Street and Plat Committee review four (4) public interest findings related to vacation and closures. The Street and Plat Committee Findings for the street closure application are attached as Exhibit A, and summarized below. 1. Public Interest Finding: Is it in the public interest, or would the general public benefit from the vacation of the rights -of -ways or easements? Street and Plat Committee Response: A new mixed -use apartment building will be constructed on the tentative plat site. The closure of SW 37th Court and redevelopment as a passageway will enhance the pedestrian access and circulation. The proposed re -development of the Douglas Road Station Transit site will benefit from the enhanced public access and circulation form Brid Road to Peacock Avenue. 2. Public Interest Finding: Is the general public no longer using the rights -of -way or easement, including public service vehicles such as trash and garbage truck, police, fire or other emergency vehicles? Street and Plat Committee Response: The general public, police, fire -rescue, and service vehicles are using SW 37th Court and sidewalks accommodate pedestrian circulation. File Id # 15-01393sc 2'Page City of Miami Planning and Zoning Department 3. Public Interest Finding: Would there be no adverse effect on the ability to provide police, fire or emergency services? Street and Plat Committee Response: The development of the tentative plate site must be coordinated with the Police, Fire -Rescue and Solid Waste Departments during the design phase to ensure access to adjacent property and general neighborhood circulation. 4. Public Interest Finding: Would the vacation and closure of the rights -of -way or easements have a beneficial effect on pedestrian and vehicular circulation in the area? Street and Plat Committee Response: The Miami Zoning Code requires a cross -block passage way that will enhance pedestrian access and circulation between Bird Road and Peacock Avenue. The closure of SW 37th Court to vehicular traffic will eliminate a connection to Bird Road in proximity to the signalized intersection at SW 37th Avenue, reducing pedestrian and vehicular conflict. The Plat and Street Committee members voted to recommend approval, 6 in favor and 0 in denial, of this street closure request with the following condition: The applicant shall provide an access plan for review and acceptance by the City's Fire -Rescue, Police, Solid Waste Departments and the Capital Improvements Program/Office of Transportation. CONCLUSION: The proposed street closure is consistent with the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan (MCNP). This closure will facilitate cohesive development, economic growth, and revitalization, as the proposed development and redevelopment on this block. Specifically, MCNP Policy LU-1.3.15 states that the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. Additionally, the overall project which includes the closure of SW 37th Court was reviewed by the Urban Development Review Board (UDRB) on July 15, 2015. The UDRB comments are attached as Exhibit B and their conditions are incorporated below. Based on the Street and Plat Committee findings, condition for approval, and the discussion above, the Planning and Zoning Department recommends the Approval of the request subject to the following conditions: 1. The applicant shall provide an access plan for review and acceptance by the City's Fire -Rescue, Police, Solid Waste Departments and the Capital Improvements Program/Office Transportation. 2. A building permit, including phased permits, 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). 3. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 4. The minimum width of the cross block pedestrian passage created by the closure of SW 37th Court shall not be less than 20-feet in width. File Id # 15-01393sc 3'Page City of Miami Planning and Zoning Department 5. The design and materials used for the cross -block pedestrian passage at SW 37th Court shall be approved by the Planning Director. 6. Activate commercial and retail uses that enhance the pedestrian experience shall be located along the ground floor and along the new pedestrian corridor at Southwest 37th Court. 7. The Southwest 37th Court street section shall be designed pursuant to Public Woks cross-section detail (Misc. 35-85-27). 8. The applicant or their successor shall meet development standards identified in the Miami 21 Code and all applicable local, state and federal regulations. 9. The Applicant or their successor shall comply with the conditions of approval stated for the Miami Douglas Station Amended Tentative Plat #1867, in a letter dated September 11, 2015 from the Department of Public Works. 10. UDRB Conditions: a. Provide retail along SW 37th Court. b. The east and North Facades to respond to the zero lot line condition. c. Integrate drop off and pick up along Peacock Avenue. Christopher Brimo, AICP Chief of Land Development Jacqueline Ellis Planner II November 5, 2015 Exhibit A- Street and Plat Comments dated September 4, 2015 Exhibit B- Urban Development Review Board (UDRB) comments dated July 15, 2015 Exhibit C- Department of Public Works letter for, Miami Douglas Station Amended Plat #1867, dated September 11, 2015 File Id # 15-01393sc 4IPage EXHIBIT A Street and Plat Inter -Office Memo Miami Douglas Station Amended (SW 37 Court from Bird Road to Peacock Avenue) File ID 15-01393cc CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : FROM : Eduardo (Ed) Santamaria, P.E., CGC Director Public Works Department onard HelrriLrs Professional Engineer IV DATE : September 4, 2015 FILE : SUBJECT: REFERENCES: ENCLOSURES: Results of 9/3/15 Plat and Street Committee meeting Vote tally form (1) At the September 3, 2015 Plat and Street Committee meeting, one street closure application was reviewed. The results of the Committee's review of the public interest findings concerning the closure is summarized as follows: "MIAMI DOUGLAS STATION AMENDED" (SW 37 Court from Bird Road to Peacock Avenue) 1. A new apartment building will be constructed on the tentative plat site. The closure of SW 37 Court and redevelopment as a passageway will enhance pedestrian access and circulation. The proposed re -development of the Douglas Road Station Transit Site will benefit from the enhanced public access and circulation from Bird Road to Peacock Avenue. 2. The general public, service and emergency vehicles are using SW 37 Court and sidewalks accommodate pedestrian circulation. 3. The development of the tentative plat site must be coordinated with the Police, Fire -Rescue and Solid Waste Departments during the design phase to ensure access to adjacent property and general neighborhood circulation. 4. The Miami Zoning Code requires a Cross -Block Passageway that will enhance pedestrian access and circulation between Bird Road and Peacock Avenue. The closure of SW 37 Court to vehicular traffic will eliminate a connection to Bird Road in proximity to the signalized intersection at SW 37 Avenue, reducing conflicts. The Plat and Street Committee members voted to recommend 6 in favor and 0 in denial of this street closure request subject to the applicant providing an access plan for review and acceptance by the City's Fire -Rescue, Police and Solid Waste Departments and the Capital Improvement/Transportation Office. LJH/Ijh C: Jacqueline Ellis, Planner ll, Planning and Zoning Department (by e-mail) Development and Roadway Plans Section Central VACATON AND CLOSURE OF PUBLIC RIGHT-OF-WAYS DESCRIPTION: 1/0 .;7 Coca 13G-7,0t eEni 13 iet) fZu 130 Am° e cocK AVEM () EC,i)(01*YGN_D FireRescue r , iBuilding Planning 17" 1.---- Police fliublic Works 7 — Zing 7 V d., Solid Waste (--) Totals , 62 po-r t&Airc4.04PILE, Su63w\-- en)v714;n:3 ay) arzoss Flom ce\ikeA4 atAci actzefaetue--1,1 C411:s psist, (1zsL) ()0111.4 (Al a 9k f T—i-frv‘re,4,4-4 FICZ.-e, EXHIBIT B Urban Development Review Board (UDRB) Modera Station 3750 Bird Road Resolution Dated July 15, 2015 CI T Y O F MI A MI PLANNING & ZONING DEPARTMENT URBAN DEVELOPMENT REVIEW BOARD (UDRB) RESOLUTION FOR RECOMMENDATION UDRB MEETING- 0 7/ 1 5/ 2 0 1 5 Item No.6 A motion was made by NEIL HALL and seconded by ROBIN BOSCO for a Resolution recommending to the Director of the Department of Planning & Zoning APPROVAL WITH CONDITIONS for the project MODERA STATION located at 3750 Bird Road with a vote of 6 to 1. Vote List Yes No Recused Absent Robert Behar (Chairman) X • • • Dean Lewis (Vice Chair) X 0 • ■ Willy Bermello X • ■ ■ Robin Bosco X • ■ ■ Neil Hall X • ■ ■ Gerald C. Marston X • ■ ■ Fidel Perez X • ■ ■ Jesus Permuy X El • III Anthony Tzamtzis X ■ ■ ■ CONDITIONS: 1. Provide retail along SW 37 Court. 2. East and North facades to respond to the zero lot line condition. 3. Integrate drop off and pick up along Peacock Avenue. Francisco Garcia, Planning & Zoning Director EXHIBIT C PUBLIC WORKS Department of Public Works letter for, Miami Douglas Station Amended Plat #1867, dated September 11, 2015 City of JIIiamt DANIEL J. ALFONSO City Manager September 1 I , 2015 MCREF Bird Road Development Phase II, LLC c/o Ryan D, Bailine, Esq Greenberg Traurig, P.A. 333 SE 2 Avenue Suite 4400 Miami, FL 33131 MCREF Bird Road Development LLC 2255 Glades Road Suite 423A Boca Raton, FL MIAMI DOUGLAS STATION AMENDED TENTATIVE PLAT #1867 — A (FIRST RESUBMITTAL) LOCATED BETWEEN SW 37 AVENUE AND SW 38 AVENUE, AND BETWEEN BIRD AVENUE AND PEACOCK AVENUE. Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of September 3, 2015 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. Location Sketch a) Label the name of proposed plat (if necessary an arrow maybe used). b) Provide the city, county, and state. 2. On the application, confirm with the City Attorney's Office that the provided corporate resolutions showing who has authority to sign for the corporations are acceptable. 3. Include the statement "AN EXPRESS PURPOSE OF THIS PLAT IS TO CLOSE, VACATE AND ABANDON FROM PUBLIC USE THAT PORTION OF SW 37 COURT LYING WITHIN THE LIMITS OF THIS PLAT." 4. Existing utilities in the right of way to be closed and vacated must be relocated or easements must be created. 5. Show limits of proposed Tract "A". 6. Revise the Legal Description (differs from warranty deeds presented with application). 7. Note the Right of Way to be dedicated, and the road closed and vacated "by this plat". Provide the area to be vacated and the area to be dedicated. 8. Show the existing property line (limit of the plat) as a solid line and the proposed right-of-way line as a dashed line. Be advised that on the final plat this will be reversed. 9. Provide a tie to the nearest section corner. 10. Provide a copy of the Certified Corner Record prior to final plat submittal. 11. Show distances recorded and measured and make the letter size more readable. DEPARTMENT OF PUBLIC WORKS 444 SW 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 MIAMI DOUGLAS STATION AMENDED — TENTATIVE PLAT #1867—A (FIRST RESUBMITTAL) September 11, 2015 Page 2 of 4 12. In the title block under the tentative plat name begin with "A REPLAT OF..." before the brief legal description, include fractional section, township, range, city, county, and state. Correct plat names and reference to plat book and page. 13. Add symbols/abbreviations to legend. 14. Provide a bearing and distance for the monument lines and the center lines shown on the plat. 15. An approval letter from the Florida Department of Transportation will be required prior to final plat submittal. 16. An approval letter from Miami -Dade Transit Authority will be required prior to final plat submittal. 17. Label the existing structures and fences to be removed. 18. Provide a copy of the Miami — Dade Water and Sewer Department agreement. Provide a copy of both the existing agreement and the updated agreement for the new plat submittal. 19. Provide the legal description information on the main sketch. 20. The Plat and Street Committee requires a proposed site plan be submitted for review. 21. Provide complete underground storm sewer facility information along SW 38 Avenue and Peacock Avenue, including inverts, pipe size, pipe material and pipe direction. 22. Clarify the boundary line between the proposed Tracts. 23. Provide a zoning verification letter allowing a modification to a previously approved Waiver, 13-0037, and authorizing the tentative plat to proceed. 24. Be aware that pursuant to Article 5, Section 5.6.1.i, the development of the site shall require a Cross - Block Pedestrian Passageway. 25. In item 4 of the Development Information after T6-12-0, add "Urban Core Zone under current Miami 21 Code" and delete "PER ARTICLE 4, TABLE 3 OF "MIAMI 21" ZONING CODE". 26. Under Proposed Use, change the word "APARTMENTS" to "Multifamily Housing granted under building permit No. BD13-019351-001 with Waiver 13-0037 approved with conditions". 27. Below the Surveyor's Notes, paragraphs 10 and 12 reference an existing Covenant Running With the Land and a Unity of Title. Request approval from the City Attorney's Office, the Planning and Zoning Department Director and the Zoning Administrator to release these instruments. Please contact Ms. Tracy Rawlins at TPRawlins(a,miamigov.com for further assistance or see the Zoning Specialist at the Zoning Office located at 444 SW 2 Avenue, 4th Floor, Corridor "C". 28. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. 29. Verify with Miami -Dade County that the proposed plat name is acceptable. 30. All encroachments across proposed tract and/or lot lines must be removed prior to final plat submittal or record a Unity of Title. 31. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final plat submittal. 32. 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. 33. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 34. 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. 35. Be advised that if all 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. 36. A letter of concurrency from Miami -Dade County School Board is required prior to the final plat approval (see contact sheet). The tentative plat name and tentative plat number must be included on the application form. 37. A letter from the Miami- Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required. 38. Verify if an Exception Hearing in accordance with the Miami 21 Code, Article 5, Section 5.6.1.j is required if proposed Tracts "B" and "C" are unified by a Unity of Title or a Declaration of Restrictive Covenants in Lieu of a Unity of Title. MIAMI DOUGLAS STATION AMENDED — TENTATIVE PLAT #1867 —A (FIRST RESUBMITTAL) September 11, 2015 Page 3 of 4 39. Provide an 11" x 17" PDF of the tentative plat to the Planning and Zoning Department. 40. Remove the term "as a legal non -conforming" from the Unity of Title information for Tracts "B" and 41. Utilities located in the roadway to be closed and vacated must be relocated or easements must be provided. 42. An Opinion of Title as to the reversionary rights for the right-of-way to 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. 43. The Planning, Zoning, and Appeals Board will require a sketch and legal description with a square footage, on an 8 '/2" x 11" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Department. 44. The Plat and Street Committee has reviewed the tentative plat of Miami Douglas Station Amended 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 SW 37 Court with respect to Miami City Code requirements and have voted 6 in favor and 0 in denial of this vacation and closure request subject to the applicant providing an access plan for review and acceptance by the City of Miami Fire — Rescue, Police and Solid Waste Departments and the Capital Improvements/ Transportation Office. 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 notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. It is required that the applicant contacts the City of Miami Public Works Survey Section to verify that all final plat submittal documents are complete prior to final plat submittal. 7. 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. MIA MI DOUGLAS STATION AMENDED — TENTATIVE PLAT #1867 — A (FIRST RESUBMITTAL) September 11, 2015 Page 4 of 4 If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Si d) Santamaria, P.E., CGC Direct ES/L.IH/kc 9U'lIS Enclosure: Contact Sheet C: Schwebke-Shiskin & Associates, Inc. 3240 Corporate Way Miramar, FL 33025 MCREF Bird Road Development II, LLC 2255 Glades Road Suite 423A Boca Raton, FL 33431 Plat and Street Committee Members Nzeribe Ihekwaba, Ph.D.,P.E., Assistant City Manager/Chief of Operations Survey Development and Roadway Plans Central MIAMI 21 ZONING MAP SW 38TH AVE SW 29TH ST - T3-O T5-O T4-L U F ti CO IL SW 38TH AVE SHIPPING AVE_ korrimwswitwommimivrt 11r2O ihi PEACOCK AVE BIRD RD 0 150 300 600 Feet I i I I D1 ADDRESS: 15-01393sc d• MUM r 4. 1 Vtisr hor • I SHIPPING AVE EDIJJMo C J•,4 ) J Er 4 O Y IIL` d, M GJ\JI/ 756.p ; I Ill SIV� �i Ya kIL 0 150 300 600 Feet I i I I ADDRESS: 15-01393sc Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-1 5-075 File ID 15-01393sc November 18, 2015 Item PZAB.1 Mr. David H. Young offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL WITH CONDITIONS AS STATED IN EXHIBIT 1 AND HEREBY ATTACHED, OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE, A PORTION OF SOUTHWEST 37TH COURT BETWEEN BIRD AVENUE AND PEACOCK AVENUE, AND BETWEEN SOUTHWEST 37TH AVENUE AND SOUTHWEST 38TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A AND HEREBY ATTACHED. Upon being seconded by Mr. Chris Collins, the motion passed and was adopted by a vote of 5-3: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Absent Mr. Charles A. Garavaglia Yes Mr. Adam Gersten No Ms. Maria Beatriz Gutierrez No Dr, Ernest Martin Absent Mr. Daniel Milian Yes Mr. Juvenal Pina No Ms. Melody L. Torrens Absent Mr. Manuel J. Vadillo Absent Mr. David H. Young Yes Fran isco 3arcia, Director Plan ' in and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Sje?-6 Execution ate Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoingResolution. f/ SWORN AND SUBSCRIBED BEFORE ME THIS AY OF � e+nb-e', 2015, I. 1(0 Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath °C. t f JJ Notary Public State of Florida My Commission Expires: VANESSATRUJILLO t MY COMMISSION # FF 229944 as EXPIRES: July 11, 2019 Bonded Thar Notary Public Underwriters SKETCH TO ACCOMPANY LEGAL DESCRIPTION RIGHT—OF—WAY TO BE VACATED Scale: 1 "=60' LEGEND: - CENTERLINE - MONUMENT LINE P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R - RADIUS d - DELTA ANGLE L - ARC LENGTH CH.B. - CHORD BEARING CH.D. - CHORD DISTANCE P.B. - PLAT BOOK PG. - PAGE R/W - RIGHT-OF-WAY (R) - RECORD (M) - MEASURED S87 48'41 "W S W 40th ST. (BIRD ROAD) S8748'34 "W(R, S87°48'41 "W — --- R/W-- (M)L=38.84' R=25.00' (M)A =89'01'23" CH.D=35.05' CH.B. =547'40'37"E d=89°01 '00 "(R) L=39.70'(R) CC • tn FA o� p LLI tn.m O ( a N N N LOT 18, BLOCK 10 R� PT OF N S COCOANUT CRONE (P.B. 2, PG�85) — L=39.66' R=25.00' A =90°54'05" CH.D=35.63' CH.B. =S42' 17'07"W �- (STATE ROAD 976) NORTHERLY BOUNDARY- � LINE, TRACT 'A" 100.01 ' P.O.D. (P,B, 170, PG. 87) N8744'10" 116.11' 58748'41"W L=39.70'(M) R=25.00' d =90°58'37'(M) CH.D=35.66' CH.B. =N42' 19'23"E d=90°58'33"(R) L=39.70'(R) 100.01 L=38.88' R=25.00' A =89'05'55" CH.D=35.08' CH.B. =N4742'53'W d=89°06'01 "(R) L=39. 88'(R) SOUTHERLY BOUNDARY LINE, TRACT 'A ° (P, B. 170, PG. 87) P.O. c NORTHEAST CORNER, TRACT "A" (P,B. 170, PG. 87) OT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 13 LOT 14 LOT 15 N PEACOCK AVE. NOTE: 1. BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (58748'41 "W) ALONG THE MONUMENT LINE OF S. W. 40TH STREET (BIRD ROAD). 2. SEE SHEET 2 FOR LEGAL DESCRIPTION. PREPARED FOR: MCREF BIRD ROAD DEVELOPMENT INC. LAND SURVEYORS • 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 THIS IS NOT A "LAND SURVEY." SHEET 1 (LB-87) ENGINEERS • LANQ PII11VE1. DADE•(305) 652-7010 BROWARD (954) (435-7410 FAAX.•(055) 652f1284. <s r 204609 PREPARED 1JNDER MY;'ISURERVISIOha 09-15-15 MARK S-T EVE1V 'JOhNSON; ., PRINCIPAL FLORIDA PROF. LAND SURVEYOR NO. 4775 AMMONao-aa,..wv K:\205441 \BLOCK 10-REALTY SECURITIES CORPORATION'S CITY DATUM\LEGALS\dwo\SW 37 Gt Road Closure 091515.dwq OF 2 SHEET(S) ORDER NO.: DATE: F.B.: N.A. SKETCH TO ACCOMPANY LEGAL DESCRIPTION RIGHT-OF-WAY TO BE VACAThD G�.lr •.!L(/L C.�L/;/C. Cs - ZildA1)2 a444,0 LAND SURVEYORS ENGINEERS L.AND'\,��L;4^NNF • '`,, 3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE.:(305) 652-7010 BROWARD (954) 435 70f'0 . FAX.'(30.5) :4775 PARRD UNDER 4t4},4 SUPERVIS)ON MARK NT '/EKI JOt4:0(*; ;✓ R1N.CIPAL FLORIDA 'PROF. LAND SURVEYOR NO. 4775 K:\205441\BLOCK 10-REALTY SECURITIES CORPORATION'S CITY DATUM \LEGALS\dwo\SW 37 Ct Road Closure 091515,dw.q RIGHT-OF-WAY TO BE VACATED: LEGAL DESCRIPTION: THAT PORTION OF THE RIGHT-OF-WAY FOR S. W. 37th COURT LYING BETWEEN S.W. 40th STREET (BIRD ROAD) AND PEACOCK AVENUE, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE NORTHEAST CORNER OF TRACT "A," "4IIAMl DOUGLAS STATION," ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 170 AT PAGE 87, OF THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA; THENCE RUN SOUTH 87 DEGREES 48 MINUTES 41 SECONDS WEST (RECORD SOUTH 87 DEGREES 48 MINUTES 34 SECONDS WEST) ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT "A," FOR A DISTANCE OF 116,11 FEET TO THE POINT .OF BEGINNING OF THE FOLLOWING DESCRIBED RIGHT-OF-WAY TO BE VACATED; THENCE CONTINUE SOUTH 87 DEGREES 48 MINUTES 41 SECONDS WEST (RECORD SOUTH 87 DEGREES 48 MINUTES 34 SECONDS WEST) ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY BOUNDARY LINE OF SAND TRACT "A," FORA DISTANCE OF 100.01 FEET TD A POINT OF CUSP OF A TANGENT/AL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89 DEGREES 01 MINUTES 23 SECONDS (RECORD 89 DEGREES 01 MINUTES 00 SECONDS), HAVING A RADIUS OF 25,00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 47 DEGREES 40 MINUTES 37 SECONDS EAST THROUGH A CHORD DISTANCE OF 35.05 FEET, FOR AN ARC DISTANCE OF 38.84 FEET (RECORD 39.70 FEET) TO A POINT OF TANGENCY THENCE RUN SOUTH 03 DEGREES 09 MINUTES 56 SECONDS EAST (RECORD SOUTH 03 DEGREES 09 MINUTES 59 SECONDS EAST) ALONG THE WESTERLY RICHT-OF-WAY LINE OF S. W. 37th COURT FORA DISTANCE OF 227.29 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, SAND CURVE TURNING TO THE RICHT THROUGH A CENTRAL ANGLE OF 90 DEGREES 54 MINUTES 05 SECONDS, HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 42 DEGREES 17 MINUTES 07 SECONDS WEST THROUGH A CHORD DISTANCE OF 35.63 FEET FOR AN ARC DISTANCE OF 39.66 FEET TO A POINT OF CUSP; THENCE RUN NORTH 87 DEGREES 44 MINUTES 10 SECONDS EAST (RECORD NORTH 87 DEGREES 44 MINUTES 00 SECONDS EAST) ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY LINE OF SAID TRACT "A," FORA DISTANCE OF 100.01 FEET TO A POINT OF CUSP OF A TANGENTIAL CURVE, SAID CURVE TURNING TO THE RICHT THROUGH A CENTRAL ANGLE OF 89 DEGREES 05 MINUTES 55 SECONDS (RECORD 89 DEGREES 06 MINUTES 01 SECONDS), HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 47 DEGREES 42 MINUTES 53 SECONDS WEST THROUGH A CHORD DISTANCE OF 35.08 FEET, FOR AN ARC DISTANCE OF 38.88 FEET (RECORD 39.88 FEET) TO A POINT OF TANGENCY,•. THENCE RUN NORTH 03 DEGREES 09 MINUTES 56 SECONDS WEST (RECORD NORTH 03 DEGREES 09 MINUTES 59 SECONDS WEST) ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID S.W. 37th COURT FORA DISTANCE OF 22716 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90 DEGREES 58 MINUTES 37 SECONDS (RECORD 90 DEGREES 58 MINUTES 33 SECONDS), HAVING A RADIUS OF 25,00 FEET, AND WHOSE LONG CHORD BEARS NORTH 42 DEGREES 19 MINUTES 23 SECONDS EAST THROUGH A CHORD DISTANCE OF 35.66 FEET, FOR AN ARC DISTANCE OF 39.70 FEET TO THE POINT OF BEGINNING, SAID RIGHT-OF-WAY TO BE VACATED CONTAINING 14,398 SQUARE FEET, MORE OR LESS. SAID RIGHT-OF-WAY TO BE VACATED LYING AND BEING 1N SECTION 20, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. NOTE: 1. BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING (S8748'41"W) ALONG THE MONUMENT L/NE OF SW. 40TH STREET (BIRD ROAD). 2. SEE SHEET 1 FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION. PREPARED FOR: MCREF BIRD ROAD DEVELOPMENT INC. THIS IS NOT A "LAND SURVEY." ORDER NO.: 204609 DATE: 09-15-16 F.B.: N.A. (LB-87) EXHIBIT "1" File ID 15-01393sc 1. Permanent structures; must remain open to the sky (benches, trash cans, and other similar street furniture) 2. The applicant shall provide an access plan for review and acceptance by the City's Fire Rescue, Police, Solid Waste Departments and the Capital Improvements Program/Office Transportation. 3. A building permit, including phased permits, 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). 4. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 5. The minimum width of the cross block pedestrian passage created by the closure of SW 37th Court shall not be less than 20-feet in width. 6. The design and materials used for the cross -block pedestrian passage at SW 37th Court shall be approved by the Planning Director. 7. The Southwest 37th Court street section shall be designed pursuant to Public Woks cross-section detail (Misc. 35-85-27). 8. The applicant or their successor shall meet development standards identified in the Miami 21 Code and all applicable local, state and federal regulations. 9. The Applicant or their successor shall comply with the conditions of approval stated for the Miami Douglas Station Amended Tentative Plat #1867, in a letter dated September 11, 2015 from the Department of Public Works. 10. Urban Development Review Board (UDRB) Conditions: a. The east and North Facades to respond to the zero lot line condition. b. Integrate drop off and pick up along Peacock Avenue.