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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).