HomeMy WebLinkAboutAnalysis & MapsANALYSIS FOR
STREET CLOSURE
File ID# 16-01421sc
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 public alley.
PROJECT ADDRESS: A portion of a public alley, located east of NE 4 Avenue, between NE 29 Street
and NW 29 Terrace, approximately .04 acres (1,950.56 square feet) in area.
APPLICANT: AR Edgewater Investments LLC.
COMMISSION DISTRICT: District 2
ZONING DESIGNATION: T6-36A-L
FOLIO#: not applicable
NET OFFICE: Wynwood/Edgewater
GENERAL INFORMATION:
REQUEST: Pursuant to Section 55-15(c), of the City Code of Ordinances, the applicant requests the
vacation, closure, and discontinuing the use of a public alley.
As depicted below, the proposed Alley closure lies within the limits of the approved AR Edgewater
Tentative Plat. The subject alley is located within Broadmoor Subdivision and the Wynwood Edgewater
NET.
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LOCAT1 ON MAP
Location Map
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Tentative Plat (Proposed Alley closure outlined in red)
A
City of Miami
Planning and Zoning Department
BACKGROUND:
The applicant (AR Edgewater Investments LLC) owns all the properties abutting the alley to the east and
west. Previously, the applicant applied for and received approval with conditions from the City of Miami,
Plat and Street Committee for the Re -Plat and Street Closure (Tentative Plat #1871) of AR Edgewater
Subdivision.
This request is to close and vacate a public alley, (located east of NE 4 Avenue, between NE 29 Street
and NW 29 Terrace) with approximately 1,950.56 square feet of land. The intent of the request is to annex
the closed section of the alley into the approved Tract A to create a unified site for future development.
There are no overhead utilities above the alley. Any existing underground utilities located within the alley
will be relocated or easements must be created.
The existing alley is 10 feet in width by 200 feet in length and runs in north / south direction and fronts
NE 29 Ter. to the south, and NE 29 St. to the north.
Aerial View of the proposed Alley Closure
Proposed alley closure (outlined in red).
10 Pill, ST
Current zoning.
Proposed Alley closure (Outlined in red).
The proposed closure of the alley may provide an increase of active pedestrian uses with the
redevelopment of Tract A. This alley closure is considered a key element in unifying the Tract, providing
a buildable site for future development.
File Id # 16-01421sc
21Page
City of Miami
Planning and Zoning Department
ANALYSIS:
The following is an evaluation of the request pursuant to Section 55-15(c) of the City Code of
Ordinances which states that in addition to technical requirements for vacation and closures, that the
Plat and Street Committee review four (4) public interest findings related to vacation and closures. The
Plat and Street 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?
Plat and Street Committee Response: The closure of the alley will create a unified development
site compatible with the current Transect Zone development patterns. The project may include a
mixed use building conducive to pedestrian activity, circulation, and available to the general public.
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?
Plat and Street Committee Response: The existing alley proposed to be closed and vacated is
completely within the boundaries of the Tentative Plat site and do not extend or interconnect beyond
the limits of the Tentative Plat. The approved Tract A is completely vacant, and the roadways are not
utilized by emergency or service vehicles beyond the limits of the site and the site itself requires
limited service. Solid waste service is provided by private commercial carriers.
3. Public Interest Finding: Would there be no adverse effect on the ability to provide police, fire or
emergency services?
Plat and Street Committee Response: There would be no adverse effect on the ability to provide
fire, police or emergency services. The proposed new development will be required to provide
adequate emergency access. There is no through access required beyond the limits of the site.
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?
Plat and Street Committee Response: The alley proposed to be closed and vacated is not part of
the general neighborhood vehicular or pedestrian circulation system. The future development may
provide enhanced pedestrian and vehicular circulation to serve the property.
On December 3, 2015, The Plat and Street Committee members voted to recommend approval, 6 in
favor and 0 in denial, of this alley closure request subject to conditions.
File Id # 16-01421sc
31Pagn
City of Miami
Planning and Zoning Department
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. 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.
The closure of the alley (between NE 29 Terrace and NE 29 Street), as presented, is important for the
revitalization and enhancement of the areas surrounded. This alley closure will result in a positive impact
for the neighborhood and for the City of Miami in general.
Based on the Plat and Street Committee findings, conditions of approval, and the staff analysis, the
Planning and Zoning Department recommends the Approval of the request subject to the following
conditions:
1. The applicant or their successor shall comply with the conditions of approval stated for the AR
Edgewater Tentative Plat #1871, in a letter dated December 11, 2015 issued by the Department
of Public Works.
2. The applicant or their successor shall comply with all development standards identified in Miami
21 Code and all applicable Local, State and Federal regulations.
Jacg1"'e :Ilis
Actin : Chie ' of Land Development
Luiz Vicentini
Planner I
Exhibit A- Plat and Street Committee Comments letter for, AR Edgewater, Plat #1871, dated December 11, 2015.
File Id # 16-01421sc
4IPage
EXHIBIT A
PLAT AND STREET COMMITTEE LETTER WITH
CONDITIONS OF APPROVAL
Q itp of ititanti
DANIEL J. ALFONSO
City Manager
December 11, 2015
AR Edgewater Investments, LLC
c/o Gilberto Pastoriza, Esq.
2525 Ponce de Leon Boulevard, Suite 700
Coral Gables, FL 33134
AR EDGEWATER
TENTATIVE PLAT # 1 871
LOCATED ALONG THE EAST SIDE OF NE 4 AVENUE, BETWEEN NE 29 STREET AND NE 29
TERRACE
Ladies and Gentlemen:
The City of Miami Plat and Street Committee, at its meeting of December 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) Add Subdivision names of the underlying plat and surrounding subdivisions.
b) Delete "Zooning" on the zoning designations.
c) Label the name of the proposed plat.
d) Under location map label include fractional section, the city, county and state.
e) Add T6-24-0 zoning designation at west side of NE 2 Avenue and clearly identify T6-36A-0.
f) Clearly identify the zoning districts.
2. On the application:
a) Correct the number of Tracts.
b) Legal description to delete reference to the alley to be closed.
c) Correct owner's name.
d) Confirm with the Law Department that the provided corporate resolution showing who has
authority to sign for the corporations is acceptable.
3. Refer to the sketch as "Boundary and Topographic Survey".
4. Revise the Legal Description correcting plat name and deleting references to warranty deeds.
5. On main sketch, show underlying lots with dimensions.
6. Provide distances from fences to property lines.
7. Remove encroachment of 0.5 feet from a three story building into proposed Tract A.
8. Add lots and Subdivision names of the surrounding subdivisions.
9. Add a title block under the tentative plat name beginning with "A REPLAT OF..." before the brief
legal description, include fractional section, township, range, city, county and state.
10. Make the statement "AN EXPRESSED PURPOSE OF THIS PLAT IS TO CLOSE, VACATE
AND ABANDON FROM PUBLIC USE THAT PORTION OF THE ALLEY LYING WITHIN
THE LIMITS OF THIS PLAT."
1 1 . Existing utilities in the right of way to be closed and vacated must be relocated or easements must
be created.
12. Provide all property addresses to the corresponding folio numbers applicable to this plat.
13. Elevations must be referred to City of Miami Datum.
DEPARTMENT OF PUBLIC WORKS
444 SW 2nd Avenue, 8"` Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278
Mailing Address: P.O. Box 330708 Miami, FL 3.3233.0708
AR EDGEWATER — TENTATIVE PLAT #1871
December 11, 2015
Page 2 of 4
14. Note the Right of Way to be dedicated and the alley closed and vacated "by this Plat".
15. 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.
16. Expand the Development .Intent and provide a purpose statement.
17. Miami — Dade County Public School Concurrency application needs corrections.
18. Provide a copy of the Certified Corner Record prior to final plat submittal.
19. Provide a tie to the nearest section corner.
20. Show distances recorded and measured.
21, In section 6 refer to "owners" information.
22. Add abbreviations to legend.
23. A letter from the Miami — Dade County Water and Sewer Department is required to determine if
any adjustments to their facilities or easements are required.
24. Remove "proposed site plan" and "Article 4 and 5" listed in Surveyors' note in Section 8.
25. Pursuant to Devin Cejas, Acting Zoning Administrator, a zoning determination has been made that
a pedestrian walk pursuant to Article 5, Section 5.6.1.i of Miami 21 Code does not apply in this
case.
26. Specify that all existing buildings have been removed.
27. Provide a tree table including common and botanical names, height, diameter and spread certified
by an Arborist or Landscape Architect.
28. Show the direction of the underground storm sewer pipes.
29. Provide a width dimension for the asphalt pavement along NE 29 Terrace.
30. Specify all uses and the number of units for the future development.
31. A letter from Comcast is required to determine if any adjustments to their facilities or easements are
required.
32. Verify with Miami -Dade County that the proposed plat name is acceptable.
33. All encroachments across proposed tract and/or lot lines must be removed prior to final plat
submittal.
34. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of
final plat submittal.
35. 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.
36. Tentative plat application must be made with Miami -Dade County after receiving approval from the
City of Miami Plat and Street Committee.
37. 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.
38. 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.
39. 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.
40. A letter from the Miami- Dade Water and Sewer Department is required to determine if any
adjustments to their facilities or easements are required.
41. An opinion of title as to 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.
42. The Planning, Zoning, and Appeals Board will require a sketch and legal description with a square
footage, on an 8 '''/" 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.
AR EDGEWATER — TENTATIVE PLAT #1871
December 11, 2015
Page 3 of 4
43. The Nat and Street Committee has reviewed he tentative plat of AR Edgewater 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 alley with respect to
Miami City Code requirements and have voted 6 in favor and 0 in denial of this vacation and
closure request.
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.
If you have any questions concerning these requirements, please refer to the attached sheet for the
appro F 'ate person to contact.
4 ll
Pliur-To (Ed) Santamaria, P.E., CGC
Direc ' •r of Public Works
ES/l�r 1 kc
AR EDGEWATER— TENTATIVE PLAT #1871
December 11, 2015
Page 4 of 4
Enclosure: Contact Sheet, MDWSD Memorandum
C: HADONNE
1985 NW 88 Court, Suite 201
Doral, FL 331.72
Plat and Street Committee Members
Nzeribe Ihekwaba, PhD., P.E., Assistant City Manager/Chief of Operations
Survey
Development and Roadway Plans
Central
MIAMI 21 (EXISTING)
16-01421sc
BISCAYNE BOULEVARD
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