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HomeMy WebLinkAboutAnalysis & MapsCity of Miami Planning Department Land Development Division ANALYSIS FOR STREET CLOSURE File ID# 3740 PROJECT ADDRESS: A utility Easement, located at 1001 NW 7 Street. APPLICANT: Mast Capital, Inc. COMMISSION DISTRICT: District 3 (Frank Carollo) FOLIO#: not applicable ZONING DESIGNATION: T6-8-O NET OFFICE: Little Havana PLANNER: Luiz Vicentini, Planner I GENERAL INFORMATION REQUEST: Pursuant to Section 55-15 and Section 55-15(c), of the City Code of Ordinances, the applicant requests the vacation, closure, and discontinuing the use of a utility Easement. This request is to close, vacate, abandon and discontinue for public use a utility Easement, located at 1001 NW 7 Street, more specifically along the north side of NW 7 Street, along the east side of NW 11 Avenue, along the northerly side of NW South River Drive, and along the southerly side of the Miami River, Miami, Florida. The intent of the request is to annex the closed section of the Easement into the approved Tract A to create a unified site for a future development. As depicted below, the proposed utility Easement closure lies within the limits of the approved M.R.S (formerly Four Corners Subdivision) Tentative Plat #1903. Location Map. Above map depicts of proposed utility Easement closure. PZAB File ID#3740 Page 114 City of Miami Planning Department Land Development Division BACKGROUND Mast Capital, Inc., the "Applicant" owns the property where the easement is located (defined as Tract A). Previously, the Applicant applied for and received approval with conditions from the City of Miami, Plat and Street Committee for the Re -Plat and Easement Closure (Tentative Plat #1903) of M.R.S. The aerial map below denotes the Applicant's property (outlined in blue) and the utility Easement proposed to be closed and vacated (outlined in yellow). The Property was originally the subject of a previous tentative plat and easement closure entitled Four Corners Subdivision (formerly known as Sportsman's Park Section "A" re -plat) #1644-C. In 2007, the original plat #1644-C, obtained letters of consent from several Departments of the City of Miami the for the proposed utility Easement closure (attachment D). The utility Easement proposed to be closed and vacated is approximately 21,603 sq. ft. of land. It is 40 feet in width and 540 feet in length. The Easement runs in a west to northeast direction from the intersection of NW 7 Street and NW 11 Avenue to the Miami River. 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, the Plat and Street Committee reviews four public interest findings related to vacation and closures. The Plat and Street Committee Findings for the utility Easement closure application are attached as Attachment B, and are 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 general public does not currently benefit from the utility Easement as it only services the Property. The utility Easement traverses the property from the intersection of NW 7 Street and NW 11 Avenue to the Miami River. The utility Easement is solely intended to provide utility services for the property. As determined PZAB File ID#3740 Page 214 City of Miami Planning Department Land Development Division by the Plat Street Committee, there is no public benefit by the easement and no impact to the general public. The property currently consists of vacant land to be redeveloped, with no utility services provided. Utility easements will be provided by separate instrument where necessary for the redevelopment. 2. Public Interest Finding: Is the general public no longer using the right-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: Currently, the utility Easement proposed to be closed and vacated only serves the applicant's Property. The utility Easement is not utilized by the general public, as it was originally platted to provide utility services to the Property. Redevelopment of the property will require new utility easements to be provided by separate permit. 3. Public Interest Finding: Would there be no adverse effect on the ability to provide access to police, fire or other emergency services? Plat and Street Committee Response: As previously stated, the utility Easement is for utility services at the property. Therefore, the utility Easement does not provide emergency services at the property. The redevelopment approvals will require service vehicle accessibility to the property and will be reviewed by police, fire and emergency services for compliance with their requirements, 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 -utility Easement proposed to be closed and vacated is not part of the general neighborhood vehicular or pedestrian circulation system, as it forms a dead-end within the premises of the site. Moreover, the utility Easement only provides utility access to the property. The proposed vacation and closure is beneficial for the surrounding area and for the city in general, as it may permit for a future development to provide enhanced pedestrian and vehicular circulation to serve the property and its users. On September 25, 2017, the Plat and Street Committee members voted to recommend approval, unanimously 6 to 0, of the requested closure and vacation of the utility Easement request subject to conditions. CONCLUSION: The utility Easement closure and vacation is consistent with the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan (MCNP). In that, the closure and vacation will result in a positive impact for the neighborhood and for the City of Miami in general by providing a buildable site to allow a future development in compliance with Miami 21 Code. The Plat and Street Committee has made findings in the affirmative that the requested closure and vacation of the utility Easement within tentative plat of M.R.S (Tentative Plat #1903) meets PZAB File ID#3740 Page 314 City of Miami Planning Department Land Development Division the criteria established in Section 55-10 of the City Code. Based on the Plat and Street Committee's recommendation and staff's analysis, the Planning Department recommends the Approval of the request to close, vacate, abandon and discontinue from public use of a utility Easement subject to the following conditions: 1. The Applicant, owner, or their successor must meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations. 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 or Certificate of Use shall only be issued after all the required subdivision improvements have been completed. 4. The Applicant, owner, or their successor shall comply with the conditions of approval stated for the M.R.S Tentative Plat #1903, in a letter dated October 10, 2017 issued by the Department of Public Works. Jacqu line, His Chief of-tand Development Attachments A -Legal Description B-Public Works Letter of Approval C-M.R.S Re -plat #1903 D-Departments Letters of Approval PZAB File ID#3740 Page 414 AERIAL FILE ID: 3740 ADDRESS: 1001 NW 7 ST 0 125 250 500 Feet N 0 125 250 MIAMI 21 (EXISTING) FILE ID: 3740 500 Feet Miami River Greenway Regulatory Design Standards A Transit Corridor Buffer Miami River Greenway ADDRESS: 1001 NW 7 ST