HomeMy WebLinkAboutPre-LegislationMiami Planning, Zoning and Appeals Board
Resolution: PZAB-R-14-047
File ID 14-00211ac June 23, 2014 Item PZAB.3
Mr. David H. Young offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION WITH CONDITIONS, AS
SPECIFIED IN EXHIBIT "1" (HEREBY ATTACHED), OF THE CLOSING, VACATING,
ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF AN EAST/WEST
ALLEY LOCATED BETWEEN NORTHEAST 40TH STREET AND NORTHEAST 41 ST STREET
FROM NORTHEAST 1ST AVENUE TO APPROXIMATELY 175 FEET WEST OF NORTHEAST
1ST AVENUE, MIAMI, FLORIDA.
Upon being seconded by Mr. Charles A. Gibson, the motion passed and was adopted by a vote
of 7-1:
Ms. Jennifer Ocana Barnes Absent
Mr. Chris Collins Yes
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia Yes
Mr. Charles A. Gibson Yes
Ms. Maria Beatriz Gutierrez Yes
Mr. Ernest Martin No
Mr. Daniel Milian Absent
Mr. Juvenal Pina Absent
Ms. Melody L. Torrens Yes
Mr. David H. Young Yes
Francisco Garcia, Director
Planning and Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
June 30, 2014
Execution Date
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 foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS j_ DAY OF 2014.
VC4,Mi SG (✓10 t I bi'
Print Notary Name
Personally know `1 or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
.t(.4
Notary Public State of Florida
My Commission Expires:
VANESSATRUJILLO
MY COMMISSION #i EE 105250
u i1A9 • EXPIRES: July 11, 2015
o? ` Bonded Thru Notary Public Underwriters
EXHIBIT "1"
CONDITIONS FOR ALLEY CLOSURE
File ID#: 14-00211ac
Between NE 40 Street and NE 41 Street
From NE 1 Avenue to Approximately 175 Feet West of NE 1 Avenue
1. In order to allow the general public, abutting property owners, emergency
and service vehicles to continue to utilize the alley, the alley as presently
constructed and platted shall remain open during construction of the
Museum Garage, unless a temporary Maintenance of Traffic (MOT) Plan
acceptable to the Public Works Department has been approved, in writing,
prior to the start of construction, after review and confirmation by a
majority of the abutting property owners (other than the Applicant and its
affiliates) that the MOT Plan is consistent with the terms of an agreement
entered into between the abutting property owners and the Applicant.
Such MOT plan shall maintain during construction adequate loading, trash
collection, parking and other typical alley functions. The City of Miami is not
responsible or accountable for the sufficiency, accuracy and completeness
of the review of the MOT plan by abutting property owners and third
parties.
2. The height clearance of the proposed 20.5' public ingress/egress easement
as depicted on Tentative Plat #1821 for Museum Subdivision shall
accommodate semi -trucks of 13 feet 6 inches in height.
;29056683;2)
City of Miami
Legislation
Resolution: R-14-0301
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00211ac
Final Action Date: 7/24/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A
PORTION OF AN EAST/WEST ALLEY LOCATED BETWEEN NORTHEAST 40TH
STREET AND NORTHEAST 41 ST STREET FROM NORTHEAST 1ST AVENUE TO
APPROXIMATELY 175 FEET WEST OF NORTHEAST 1ST AVENUE, MIAMI,
FLORIDA.
WHEREAS, the Plat and Street Committee, at its meeting on December 3, 2014, has reviewed the
subject tentative plat entitled "Museum Subdivision" and determined that all technical requirements
have been met and by a vote of five to zero (5-0), recommended APPROVAL of the vacation and
closure more particularly described in Exhibit A; and
WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the
subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic
circulation or access for public service; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 23, 2014,
following an advertised public hearing, adopted Resolution No. PZAB-R-14-047 by a vote of seven to
one (7-1), item no. 3, recommending APPROVAL of the vacation and closure subject to the conditions
attached as Exhibit 1 to the Resolution; and
WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the
City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way
as hereinafter described, and deems it advisable to do so;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. A portion of an East/West alley located between Northeast 40th Street and Northeast
41 st Street from Northeast 1st Avenue to approximately 175 Feet West of Northeast 1st Avenue,
Miami, Florida, more particularly described in Exhibit "A," is closed, vacated, abandoned and
discontinued for public use.
Section 3. Approval of the requested vacation and closure shall be valid for a period of four (4)
years and shall remain independent of the referenced tentative plat during this period.
Section 4. The approved final plat must be recorded within the four (4) year approval period of the
requested vacation and closure
City of Miami Page 1 of 2 File Id: 14-00211ac (Version: 3) Printed On: 1/22/2018
File Number: 14-00211ac Enactment Number: R-14-0301
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 14-00211 ac (Version: 3) Printed On: 1/22/2018
EXHIBIT "A"
14
\\
12
15
10
16
17
18
19
20
21 22
N.E. 41st STREET
BILTMORE
BLOCK 9
PB. 6 PG. 67
8 7
4
23
24 K._4
SKETCH LOCATION
3112
1
24 ; 119 17, ;1511,.T ;11 _
23 ;2Li 18 161 11,0 112 10 81 161 41
22 ' AMENDED PLAT Of} dOMMaR¢IA/. 6IL,'TMORE
�21 (BLOCK 2 P.B. 6 PGI 132
N.E. 40th STREET
2
' 24 120 78; 16 11,0 12 10 4
23 19 17 115 113 ;11 91 7, ;5
22 1 ' AM4NQEI PLAT ;OF C{7MM RIAL
_21 BILTMORE gLQCIf �, fn.B 1 G; 1,32
3
2
7121 11 j 10
BIL1 MORE;
BLOCK 6
P.B. PG.; 67
24 2121:20
c.
ENDED ;PLAT
COMMERCIAL
ORE BLOCK 1
6 P6.' 132
W (F23221;201.�
z COMMERCIAL
BILTmORE 1SEC0II0
P.6. 12. 1134 144
LOCATION SKETCH
CITY OF MIAMI, MIAMI—DADE COUNTY FLORIDA
SCALE: 1"=150'
LEGAL DESCRIPTION:
A portion of the 12 foot wide alley lying between Block 9, of BILTMORE according to the plot
thereof as recorded in Plat Book 6, and Block 2 of AMENDED PLAT OF COMMERCIAL BILTMORE
according to the plat thereof as recorded in Plat Book 6, Page132, of the Public Records of
Miami —Dade County, Florida, being more particularly described as follows:
BEGINNING at the Southeast corner of Lot 1, of said Block 9, the said point being on the
Westerly Right of Way line of Northeast 1st Avenue; THENCE South 89°59'31" West, along the
South line of said Block 9, for a distance 175.17 feet; THENCE South 00°00'51 " East; for a
distance of 12.00 feet to a point on the North line of said Block 2; THENCE North 89°59'31"
East along said North line of Block 2 for a distance of 175.17 feet to a point on the Westerly
Right of Way line of Northeast 1st Avenue as shown on said plats; THENCE North 00°01'26"
West for a distance of 12.00 feet to the POINT OF BEGINNING.
BEC REF. B.E.C. DRAWING BR-973, ORDER NO. 03-82829
DRAWING: 2176-SS-08
01-17-2014
CLIENT NAME: DACRA DEVELOPMENT
BEC ORDER # 03-82829
DRAWN BY
J.K.B.
SHEET 1 OF 3
BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
1898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM
SYMBOLS AND
ABBREVIATIONS:
COR. = CORNER
E'LY = EASTERLY
L = LENGTH
(WHEN USED IN CURVE DATA)
NE. = NORTHEAST
N'LY = NORTHERLY
NW. = NORTHWEST
P.B. = PLAT BOOK
P.C.C. = POINT OF COMPOUND
CURVATURE
PG. = PAGE
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
SURVEYOR'S NOTES:
— This is not a Survey.
R = RADIUS
R/W = RIGHT OF WAY
SEC. — SECTION
S'LY = SOUTHERLY
TWP = TOWNSHIP
W'L Y = WESTERLY
A = DEFLECTION ANGLE
= CENTER LINE
I�1 = MONUMENT LINE
— This Site lies in Southeast 1/4 of Section
City of Miami, Miami —Dade County Florida.
24, Township 53 South, Range 41 East,
— Bearing shown hereon are assumed and are referenced to the Westerly Right of Way
Line of N.E. 1th Avenue, having a bearing of N00'01'26"W.
— Alley contains an area 2102.0 square feet more or less:
— Document is not complete without all 3 pages.
SURVEYOR'S CERTIFICATE:
I hereby certify that the attached "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" was prepared
in accordance with the Minimum Technical Standards for Surveying and Mapping, set forth in
Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Not
valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper.
THIS IS NOT A SURVEY
Biscayne Engineering Company, Inc.
529 West Flagler Street, Miami, FL. 33130
Tel. (305) 324-7671, Fax (305) 324-0809
State of Florida Department of Agriculture
LB—QQ00129
Dale: J 01-14-2014.
Andrew D. Conner, PSM, For the Firm, Vice President
Professional Surveyor and Mapper No. 5995
State of Florida
BEC REF. H.E.C. DRAWING BR-973, ORDER NO. 03-82829
DRAWING 21 76-SS-0
DATE:
01-17-2014
01-17-2014
CLIENT NAME: DACRA DEVELOPMENT
BEC ORDER # 03-82829
DRAWN BY
J.K.B.
SHEET 2 of 3
BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
y; 1898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW. BISCAYNEENGINEERING. COM
N
GRAPHIC SCALE
0 25 50
"A"
EXHIBIT __ _
1 inch = 50 ft. , E
BLOCK
BILTMORE P.B.
20 21
-o, 50 (P) + 50 (P)
8
6 PG. 67
22
50 (P)
23
50 (P)
24
25 (P) 1 /
BLOCK 7
"BILTMORE'
P.B. 6 PG.
4
0 0 0
iri o Lci
1 N
1
} _± N. E. 41st STREET _+
CLAREMONT STREET (P)
N 50' R/W N
50 (P) t 50 (P) 1 50 (P) I 50'(P) l 25 (P) }
BLOCK 9 a = 89.59'19�
BILTMORE P'B. 6 PG. 671 RIL= 25.00'
39.26' _J
6 5 h 4 3 h 2 1
o o ° 01
POINT
o
o
5. 0' --
--30.0'
z u-)
E2 NO
—35.0'
12
OF BEbINNING
SiOUTHEAST CbRNER OF LOT 1,
S00°00'S1"E 8LOCK 9 BILTMORE PLAT 6,
PAGE 67 I
W N
m N
o
o
id
IN
N
12.00' S89' 59' 31 "IN 175.17'
50 (P) 50 (P) 1 50 (P) 1 50YP) 50YP)
Q
co
j
Z
50'(P)
12' ALLEY (P.8. 6, PG. 132) 12ALLEY (P. B. 6, PG. 132) 2102. 0 Q. FT.
NOT A PART
Q 3
25 (P) 25 (P) 25 (P) 25 (P) r 25 (P)
BLOCK 2 I 1 N89'159'
PLAT OFT I
COMMERCIAL BILTMORE NORTH
25 (P)1 25 (P)I
311- I
LIN OF
25(P)
1G75.17'I
I 25 (P) 25 (P)
J
10
N
? z o
k
(f) cutAMENDED
CO
o LL;o'
25 (P)1
24 I 23
o N
BLOCK
P.B. 6, P.G. 132 I I I 2. 00 1
1 a c a1 -I aI -t -0
0 0 0 01 0l 01 0l 01 0 01 o
0 0 0 0 0 0 0 0 0 0 0
11 f0 9 8 7 6 5 4 2 1
25 (P) 25 (P) 25 (P) 25 (P) 1 25 (P) 25 (P) 1 25(P) 1 25 (P)1 25 (P) 25 (P)
�� a
3¢ z
o4, Li
xz
o
c
a =
o
Z
In
Q
Y d
o 0
Z cti
T
0 6
6 °Q
I i 1
N E. 40th STREET o
n MA/N STREET (P) �I
`
•=90.01'10"
R=25.00'
L=39.28'
25(P) 25 (P) 25(P) 25 (P) 25(P) 125 (P) 25 (P) 25(P) 25 (P)I 25(P) I
11 10 9 8 7 16 BLOCK 3 51 4 3 1 2 1 1
AMENDEID PLAT OF CpMMERICIAL BILTMORE 139.27(P,
I Pa B. 6, p. G. 1,32 I I I
y
~ 30. 0' —
-- 5.0'
35. 0' --i
26'(P)
— Document is not complete without all 3 pages.
BEC REF. B.E.C. DRAWING BR-973, ORDER NO. 03-82829
01-17-2014
DRAWING: 21 76-SS-08
CLIENT NAME: DACRA DEVELOPMENT
DATE: 0 1 -1 7-20 1 4
BEC ORDER # 03-82829
DRAWN BY J.K.B.
K.B.
SHEET 3 of 3
BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
J& 1898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM
EXIIIBIT "1"
CONDITIONS FOR ALLEY CLOSURE
File IN: 14-00211ac
Between NE 40 Street and NE 41 Street
From NE 1 Avenue to Approximately 175 Feet West of NE 1 Avenue
1. In order to allow the general public, abutting property owners, emergency
and service vehicles to continue to utilize the alley, the alley as presently
constructed and platted shall remain open during construction of the
Museum Garage, unless a temporary Maintenance of Traffic (MOT) Plan
accepta3le to the Public Works Department has been approved, in writing,
prior to the start of construction, after review and confirmation by a
majority of the abutting property owners (other than the Applicant and its
affiliates) that the MOT Plan is consistent with the terms of an agreement
entered into between the abutting property owners and the Applicant.
Such MOT plan shall maintain during construction adequate loading, trash
collection, parking and other typical alley functions, The City of Miami is not
responsible or accountable for the sufficiency, accuracy and completeness
of the review of the MOT plan by abutting property owners and third
parties,
2. The height clearance of the proposed 20.5' public ingress/egress easement
as depicted on Tentative Plat #1821 for Museum Subdivision shall
accommodate semi -trucks of 13 feet .6 inches in height.
(29(15'6683;2).