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HomeMy WebLinkAboutAnalysis and MapsANALYSIS FOR STREET CLOSURE File ID# 2919 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 platted easement. PROJECT ADDRESS: A portion of an easement, located along the west side of NW 10 Avenue, from Sunnybrook Road, to Spring Garden Road, of approximately .041 acres (1,797 square feet) of land. APPLICANT: Spring Garden Apartments LLC. FOLIO#: not applicable COMMISSION DISTRICT: District 5 NET OFFICE: Overtown ZONING DESIGNATION: T6-8-O / T6-8-L PLANNER: Luiz Vicentini, Planner 1 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 platted easement. As depicted below, the proposed easement closure lies within the limits of the approved Spring Garden Apartments Tentative Plat (#1898-A). The subject street is located within Sunnybrook Subdivision and Overtown NET. Vicinity Map • r s -'P r• N O,9 ' % 1> N 4o, /teE, LOT r 5 ▪ / ¢' EM UTILITY EASEMENT ro Of /ACATE0 5 4 149'55 38 w 8r.9.5 - / \ '/ \\\\�A •t t, LOT 29 • • C9� -?/Ir ROAD 'SUNNYBRd0K BLOC' 1 (P.B 41, PC. 85) LOT JO } 25, Proposed easement closure outlined in red City of Miami Planning and Zoning Department BACKGROUND: The applicant (Spring Garden Apartments LLC) owns all the properties bisected by the easement to the east and west. On July 20, 2017, 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 #1898-A) of Spring Garden Apartments. This request is to close and vacate a platted easement, located along the west side of NW 10 Avenue, from Sunnybrook Road to Spring Garden Road and has approximately .041 acres (1,797 square feet) of land in area. The purpose of the request is to annex the closed section of the platted easement into the approved Tract A to create a unified site for future development. Any existing overhead and/ or underground utilities located within the easement will be relocated or access for them must be created. The existing easement is 10 feet in width by approximately 179 feet in length and runs in an east to west direction. The proposed easement to be closed and vacated fronts NW 10 Avenue to the west and ends at the most westerly corner of lot 2. (Attachment B).The existing 10 feet utility easement located to the west of the proposed easement closure will remain open. x » " Aerial View of the Proposed Easement Closure (Outlined in blue). NW a,,,ST. . pF F1 s� gg �o,g TSBo T6&O T6-8- MW i... ST. - - G &y�.1G' q utwy . �� — 9 T,S:O. Current zoning. Proposed Easement Closure (Outlined in blue). This proposed easement closure is considered a key element in unifying the Tract, providing a buildable site for future development. File Id # 2919 2IPage 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 easement closure application are attached as Attachment 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 proposed closure of the easement will create a unified development site compatible with the current Transect Zone development patterns. The platted easement currently exists along the rear of the Property and is a hindrance to redevelopment of the same. The site is in close proximity to both the Metrorail and the Health District. By vacating the easement, it may contribute for the generation of new additional ad valorem taxes for the City to provide necessary services to its residents. 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 easement 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. Although the approved Tract A is occupied, the proposed easement to be closed and vacated has never been utilized by the general public and it is not utilized by emergency or service vehicles beyond the limits of the site. The site itself requires limited service, as it is solely for utilities. 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. Police and Fire Rescue have never utilized the easement, as it is solely for utilities. Moreover, the ability for the applicant to redevelop the Property under Miami 21 afforded by the vacation and closure may have a beneficial impact on police services as any new development will incorporate the guiding principal of Miami 21 of Crime Prevention through Environmental Design. 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 easement proposed to be closed and vacated is not part of the general neighborhood vehicular or pedestrian circulation system. By approving the proposed easement closure, it will allow a comprehensive redevelopment program in the future which may benefit circulation in the area. On July 20, 2017, The Plat and Street Committee members voted to recommend approval, 6 in favor and 0 in denial, of this easement closure request subject to conditions. File Id # 2919 31Fage City of Miami Planning and Zoning Department CONCLUSION: The closure of the easement (along the west side of NW 10 Avenue, from Sunnybrook Road to Spring Garden Road), as presented, is important for the revitalization and enhancement of the areas it abuts. This easement 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 to approve the easements with conditions, and staffs analysis, the Planning Department recommends the Approval of the request to close the easement subject to the following conditions: 1. The applicant (Spring Garden Apartments LLC) or their successor must comply with the conditions of approval stated for the Spring Garden Apartments #1898-A, in a letter dated August 17, 2017 issued by the Department of Public Works. 2. The applicant (Spring Garden Apartments LLC) or their successor must comply with all development standards identified in Miami 21 Code and all applicable Local, State and Federal regulations. cquel hief e Ellis Land Development Attachment A- Plat and Street Committee Comments letter for, Spring Garden Apartments, Plat #1898-A, dated November 21, 2017. Attachment B- Sketch to accompany Legal Description File Id # 2919 4lPage ATTACHMENT A: PLAT & STREET COMMITTEE LETTER ettp of 17ANIEL J. ALFONSO City Manager August 17, 2017 Spring Garden Apartments LLC ATTN: Jose Jorge Figueroa 7520 S,W, 57 Avenue, Suite G Miami, FL 33143 SPRING GARDEN APARTMENTS TENTATIVE PLAT #1848-A (FIRST RESUBMITTAL) LOCATED ALONG THE WEST SIDE OF NW 10 AVENUE, FROM SUNNYBROOK ROAD TO SPRING GARDEN ROAD Ladies and Gentlemen The City of Miami Plat and Street Committee, at its meeting of July 20, 2017, 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 and/or comments have been satisfied: Public Works 1, Application a. Provide certificate of good standing for all entities on the chain of ownership (Delaware and Florida), b. Corporate resolution i. Needs to be notarized. ii, Company designated as Managing Member is not shown on Sunbiz. Provide updated Corporate Resolution or remove the Company from Resolution for authority (and the application signature), c, Signature execution page i. State the company as Delaware Corporation; must be authorized to do business in Florida, 2, Location Sketch - Correct Subdivision names of the underlying plat and surrounding subdivisions. 3. Provide a copy of the Certified Corner Record used in the proposed plat. 4. Provide a tie to the nearest section comer, 5. Provide and/or correct underground information of existing storm water system adjacent to proposed plat underground lines, inlet rim elevation, inlet type, structure bottom elevation, pipe invert elevation and direction, pipe size, pipe length, exfiltration trench. Planning/Zoning 6. Add notes - All existing improvements, structures, and buildings are to be removed prior to Final Plat submittal, 7. Verify if there is any existing Unity of Title in records; must be released prior to final plat recordation, DEPARTMENT OF PUBLIC WORKS 444 SW rd Avenue, 81h Floor / Miami, FL 33130 J (305) 416-12001 Fax: (305) 416-1278 Mailing Address: i3O Box 330708 Misml, FL 33233.0708 { SPRING GARDEN APARTIVeeNTS TENTATIVE PLAT 1898-A (FIRST RESUBMITTAL) August 17, 2017 Page 2 of 3 r Standard Comments for Street and/or Easement Vacation 8, Existing utilities located within the street, alley, and easement to be closed and vacated must be relocated or easements provided. 9, Public Hearing/Planning, Zoning and Appeals Board (PZAB). a. An Opinion of Title will be required by the PZAB, 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. b. The PZAB will require a sketch and legal description with a square footage, on an 8''A" 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. Standard Comrnents 10. A letter from Cornetist is required to determine if any adjustments to their facilities or easements are required, 11. Verify with Miami -Dade County that the proposed plat name is acceptable. 12, All encroachments across proposed tract and/or lot lines must be removed prior to final plat submittal, 13. An Opinion of Tltle, in the City of Miami Opinion of Title form, must be provided at the time of lanai plat submittal, 14. 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. 15. Tentative plat application must be made with Miami -Dade County after receiving approva I from the City of Miami Plat and Street Committee. Provide a copy of the notice of action to Public Works. 16. 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/her surveyor and attorney to assure that everything is in order before submitting the final plat package. 17. 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. 18. 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 nutnber must be included on the application form. 19. A letter from Miami -Dade Water and Sewer Department is required to release the final plat in connection with water and sewer service agreements, 20. For informational purposes, provide two 8 '/2" x 11" sketches of the division of the land; one sketch of the existing divisions before the plat is recorded and one sketch of the divisions after the plat is recorded. In addition to the above requirements, you should be aware of the following: 1, State and local laws require the installation ofvarious 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 file of the tentative plat, in an AutoCAD, 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 Temporary Certificate Occupancy SPRING GARDEN APARTIVu,NTS TENTATIVE PLAT #I898-A (FIRSTRESUBMITTAL) August 17, 2017 Page 3 of 3 and/or 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 Fug -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. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact, Sincerely, ,i, du nal Santana, P.E., CFM Supervisor of Plats — Plat and Street Committee Director Public Works Department dS/AI3/abg(r� �h Enclosure; Contact Sheet c: Schwebke-Shiskin & Associates Inc. 3240 Corporate Way Miramar, FL 33025 Plat and Street Committee Members Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager/Chief of Operations Survey Development and Roadway Plans Centra I ATTACHMENT B: LEGAL DESCRIPTION LEGAL DESCRIPTION TO ACCOMPANY SKETCH 10.00 FOOT WIDE UTILITY EASEMENT TO BE VACATED LEGAL DESCRIPTION: A PORTION OF LOTS 1, 2, 27, 28, 29 AND 30 OF BLOCK 2, 'SUNNYBROOK, " ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE 85, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, SAID PORTION BEING A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGIN AT THE NORTHEAST CORNER OF LOT 30 OF SAID BLOCK 2; THENCE RUN NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOTS 29 AND 30, FOR A DISTANCE OF 9782 FEU TO A POINT; THENCE RUN NORTH 49 DEGREES 55 MINUTES 38 SECONDS WEST, ALONG THE NORTHERLY BOUNDARY LINE OF LOTS 28 AND 27, FOR A DISTANCE OF 81.93 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 2 AND THE POINT OF TERMINUS OF SAID CENTERLINE. SAID EASEMENT BOUNDED ON THE WEST BY THE NORTHWESTERLY BOUNDARY LINE OF SAID LOT 2 AND ITS SOUTHWESTERLY EXTENSION, AND BOUNDED ON THE EAST BY A LINE 25.00 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF N.W. 10th AVENUE.. SAID PARCEL OF LAND CONTAINING 1, 797t SQUARE FEET SAID EASEMENT SIDE LINES TO BE SHORTENED OF LENGTHENED TO MAINTAIN A CONTIGUOUS 10.00 FOOT WIDE STRIP OF LAND ALONG THE ABOVE DESCRIBED CENTERLINE. LYING AND BEING 1N THE SOUTHEAST ONE —QUARTER (1/4) OF SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA. NOTES: 1. THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING OF N90.0O'00 "E ALONG THE NORTHERLY BOUNDARY LINE OF LOTS 1 AND 2, OF "FIRST ADDITION TO SUNNYBROOK," PLAT BOOK 43, PAGE 5. 2. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 3. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (EN 11 TIES) NAMED HEREON ONLY. THE ATTACHED CER71FICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES 4. ORDERED BY: ALCAZAR DEVELOPMENT SHEET 2 OF 2 SHEETS LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 207534 PREPARED UNDER MY SUPERVISION: DATE: AUGUST 28, 2017 THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. 1_13-87 MARK STEVEN JOHNSON, PRINCIPAL FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 REVISIONS AERIAL FILE ID: 2919 EASEMENT VACATION AND CLOSURE ADDRESS: 1005, 1015, & 1025 SPRING GARDEN RD 1200 NW 10 AV, 1000 & 1010 SUNNYBROOK RD 0 137.5 275 1 i I 550 Feet MIAMI 21 (EXISTING) FILE ID: 2919 EASEMENT VACATION AND CLOSURE N 0 170 340 NW 11TH ST w NW 13TH ST Q 1— rn z - NW 12TH•ST\ i-- *s�4.,. .. rAN\ 7): I.- �'o z T6-8-O +400,4/4'6,),y T6-8-O s, `UNNP CI Ta4rl Miami River Greenway Regulatory Design Standards T5-0. ADDRESS: 1005, 1015, & 1025 SPRING GARDEN RD 1200 NW 10 AV, 1000 & 1010 SUNNYBROOK RD 680 Feet