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City of Miami
Planning Department
Division of Land Development
ANALYSIS FOR ALLEY CLOSURE
PZAB File ID No. 3962
Applicant(s):
Location:
Commission District
Miami 26, LLC, Lerner 276 NW 26 Street, LLC, Lerner 2545
NW 3 Ave, LLC, Wynwood Doors, LLC.
An Alley located south of NW 26 Street, west of NW 2
Avenue, north of NW 25 Street and east of NW 3 Avenue
District 5 - Commissioner Keon Hardman
Net District Office: Wynwood / Edgewater
Preparer: Anne -Christine Carrie, Planner li
A. GENERAL INFORMATION
REQUEST: Pursuant to Section 55-15(c), of the City Code of Ordinances, Miami 26, LLC, Lerner 276
NW 26 Street, LLC, Lerner 2545 NW 3 Ave, LLC, Wynwood Doors, LLC (the "Applicant") request to
vacate, close, abandon and discontinue the use of a private alley located south of NW 26 Street, west
of NW 2 Avenue, north of NW 25 Street and east of NW 3 Avenue (the "Alley").
SUBJECT PROPERTY: The subject property lies within an Urban Center -Open "T5-O" zoning district
with a Neighborhood Revitalization District (NRD-1) Overlay. The alley is within the
Wynwood/Edgewater NET area. The alley is T-shaped and contains approximately 7,259 square feet
of land, located south of Northwest 26 Street, west of Northwest 2 Avenue, north of Northwest 25
Street and east of Northwest 3 Avenue. The first segment ('[Segment A") is approximately 200 feet
in length and runs north to south from NW 26 Street to NW 25 Street. Segment A abuts local
restaurants, art galleries and private art exhibits including the Wynwood Walls and Wynwood Doors
displays.
The second Alley segment (Segment B) runs east to west for approximately 500 linear feet from NW
3 Avenue eastward up to a crossing point with Segment A. Segment B faces a screened parking lot,
as well as retail, warehouse, and restaurant uses.
The aerial of the whole alley is shown in Figure 1, on page 2 of this analysis. The application is made
on behalf of the property owners of lands included in the existing "NW 2nd Commercial Subdivision"
plat (the "Original Plat"), a copy of which is provided as Attachment "A".
Figure 1: The area highlighted in yellow below denotes the full lengths of Segments A and B.
B. BACKGROUND
The request for the alley closure is in conjunction with the tentative plat application #1901 for the
"Tony Goldman Plat" (the "T-Plat"). The Alley was dedicated on March 24, 1929 by the platting of the
Original Plat via Ordinance No. 366. The dedication was made for the sole use of those properties
included in the Original Plat that abut the Alley. Said properties are currently identified in the Original
Plat as Lot 1, and Lots 6 to 34. The Original Plat also assigned the reversionary rights for the entire
width of the Alley to the owners of the afore -mentioned Lots.
Over time, Segment A and the eastern portion of Segment B, as well as several of the adjoining
parcels, came to be used for private displays of artwork now known as Wynwood Walls and Wynwood
Doors. Meanwhile, the western portion of Segment B was paved over and is currently used for private
parking and loading.
C. ANALYSIS
On July 20, 2017, the Plat and Street Committee approved the tentative plat with conditions for
technical requirements. In accordance with Section 55-15 (c), the Applicant's request was assessed
by the Plat and Street Committee (which includes Planning Staff) using the four (4) criteria listed in
Chapter 55. The complete list of Findings is provided as Attachment "2," and further analyzed below:
Criteria #1:
Plat and Street
Committee Finding
#1:
Planning Staff
Analysis #1:
Is the request in the public interest, or would the general public benefit
from the vacation of the rights -of -ways or Easements?
"Public does not use the alley. It is a private alley for the sole use of
property owners. Public will benefit from business and development on
the site."
Per the documents submitted by the Applicant, the closure and vacation
of the entire alley puts the Wynwood Walls and Wynwood Doors exhibit
at risk. The loss of the tourist attraction entails a loss of patronage for the
neighboring venues.
The Opinion of Title, dated March 28, 2018, as well as the Original Plat,
indicate that the Applicant has reversionary rights to this alley and may
PZAB File ID No. 3962
Page 2 of 10
Criteria #2:
Plat and Street
Committee Finding
#2:
Planning Staff
Analysis #2:
Criteria #3:
Plat and Street
Committee Finding
#3:
Planning Staff
Analysis #3:
thereby vacate it through the public hearing process. Once the platting
process is complete, the Applicant may improve the site in a manner that
conforms to the Miami 21 standards. As such, the Plat and Street
Committee determined that "the public will benefit from the business and
development of the site."
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?
"There is no existing public use. Emergency service vehicles currently
have access from the adjacent main streets. Garbage/solid waste
collection are conducted by a private provider."
According to the Applicant's Letter of Intent, public service vehicles,
including emergency service vehicles, do not currently use the Alley.
Furthermore, the Plat and Street Committee made the determination that
there is no existing public use for the alley, such that emergency service
vehicles currently have access from the adjacent main streets and that
garbage/solid waste collection is conducted by a private provider. The
Plat and Street Committee approved Tentative Plat #1901 with conditions,
including the need to create easements or relocate existing utilities.
As of a site visit by staff on April 16, 2018, the westernmost portion of
Segment B appears to have a surface parking lot and a privately -serviced
garbage dumpster. The remainder of Segment B and Segment A are used
as part of the Wynwood Walls and Wynwood Doors exhibits. Over the
past few years, the private displays of art on this site have attracted many
tourists to the area and thereby generated additional revenue for
businesses in the Wynwood community as a whole. Since the
establishment of the Wynwood Walls, new businesses have opened in
the area which led to the development of a large number of previously
underutilized lots.
Therefore, although the general public may not, and does not, technically
use the alley for access, the traffic generated by the use of the alley as
Wynwood Walls is crucial to the entire Wynwood neighborhood.
Would there be no adverse effect on the ability to provide police, fire or
emergency services?
There is no adverse effect because there is no current use for emergency
services.
There will be no adverse effect upon police, fire or emergency services,
because none of the foregoing services currently use the Alley. At this
time, all properties abutting the Alley have frontage on a public street, and
are able to receive public services from that frontage.
PZAB File ID No. 3962
Page 3 of 10
Criteria #4: 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 Finding
#4:
Planning Staff
Analysis #4:
There is no effect on the pedestrian and vehicular circulation in the area.
At this time, locals and tourists use the private pedestrian path to navigate
through the Wynwood Walls and Wynwood Doors. Although the area is
maintained and controlled by the owners of the land, visitors of the site
have the ability to safely walk across this city block from NW 25 Street to
NW 26 Street. The traffic generated by the Wynwood Walls and Doors
displays has allowed businesses to use the Alley as a permanent
entrance.
At the Plat and Street Committee meeting, it was determined that there
exists no vehicular connection via the Alley to the streets. Therefore, the
Committee gave a favorable recommendation to close alley.
The Plat and Street Committee members voted 6 (six) in favor and 0 (zero) in denial of this private
alley closure request.
D. CONCLUSION
Closure of the Alley on which the Wynwood Walls and Wynwood Doors partially sit would deprive the
community of a significant generator of revenue. However, the applicant has provided sufficient
evidence that the technical requirements for the closure were met. Although the land could in fact be
developed with the current configuration of the lots, this closure is likely to promote the development
of the abutting properties in accordance with the goals, objectives, and policies of the Miami
Comprehensive Neighborhood Plan ("MCNP"). Furthermore, in accordance with Chapter 54, Section
54-4 (b), as well as the findings by the Plat and Street Committee, the request for a vacation of the
Alley satisfies the minimum requirements of Section 55-15 of the City Code.
E. RECOMMENDATION
Pursuant to Chapter 55, Section 55-15, of the City of Miami Code of Ordinances, and the
aforementioned findings, the Planning Department recommends approval of the request to close,
vacate, abandon and discontinue from public use a private Alley located within the Tony Goldman
T-Plat #1901, subject to the conditions listed in the adopting resolution, and provided below for
reference.
1. Identify subsurface improvements, existing or proposed, on the survey per Section 55-
7(b)(1)(m) of the City Code.
2. Indicate in writing the purpose of the vacation, proposed use, and any intent to demolish existing
structures including but not limited to, the private art exhibits and the pedestrian corridors that
are currently in place.
3. Delete the portion of the legal description that is showing the alley as part of the property
ownership.
PZAB File ID No. 3962
Page 4 of 10
4. Existing utilities in the right-of-way to be closed and vacated must be relocated or easements
must be created.
5. The Applicant, owner, or their successor must meet all applicable development standards
identified in Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami,
Florida as well as all other applicable local, county, state, and federal regulations.
6. 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 Section 55-10(i) of the City Code.
7. A Certificate of Occupancy, Temporary Certificate of Occupancy, Certificate of Use, or
Temporary Certificate of Use shall only be issued after all the required subdivision
improvements have been complete.
8. The Applicant, owner, or their successor shall comply with the conditions of approval stated for
the Tony Goldman Tentative Plat #1901, provided as Exhibit "D", in the letter dated August 15,
2017, issued by the Department of Public Works.
9. Pursuant to Section 55-15(h) of the City Code, the approval should be valid for a period of four
(4) years and shall remain independent of the referenced tentative plat during this period.
Chi • and Development
ACC
Rev. 5/16/18 & 5/21/18
PZAB File !D No. 3962
Page 5 of 10
ATTACHMENT 1
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PZAB File ID No. 3962
Page 6 of 10
ATTACHMENT 2
Cap offlitting
J. AMINO
al,
August 15. 2017
Lanai 2545 M W 3rd Ave., LLC
Lama 276 NW 26ds St,,11.0
Mrsiani 26. LLC
:Vynwnnd Doors, 114
c&i David Casid]o
Swum 8. Bureau Uf
200 S. Biscayne Boalevent Suns 4100
Miami, FL 13131
LOCATED ALON"O THE SOUTH SIDS OF NW 26 STREiEC, FROM NW 2 AVENUE TO NW 3
AVENUE; AND ALONG THF. NORTH SIDE OF NW 25 STRUT, FROM NW 2 AVENUE TO
APPROXIMATELY 230 FEET WEST Of NW 2 AVENUE
Ladies sad Gentlemen:
The City of Milani Piet and Street Cceentitta4 at kit meet* of July ]Ai. 2017„ APPROVED do above
tontetrnno plot subject ao die %hosing revisions king aside IC tlltc teuteave pia„ additionel iafoaesation Erring
provided endier n cs being greeted. Mew be advised eat the ;amass* of your tentative plea mince
proceed until dime conditions andk►r ominous have been art stied:
Public Wanks
1. Lad olritlleo to be aulttduid to Supervisor of Pius Rs Office of City Attorney to recommend cs
dais app1oability of City of Mini Code Seaton 55-13(bX1).
2. Application
e. Application is se be re.ezicred. There a only one %ali secs; tread en additional waiaOia
b. Sabah et sseeeedirupdated Corpora's Rillabildaa.
3. Logsdon Sitwell
a. Coaeot Sabdiivision asrastac, plat book and peps numbers of the surfing subdivisions,
b. Under location tarp label Wade EntAksol osedon, the city, comity, and orate.
4. in tiro title back hider the taaindvs plat some isotionri seedos. mwruhlp. reap city, outcry, and
stoic
5. Winds ibe update survey date i■ ail pepw.
6. Rehr in die slouch as -Boundary sod Topographic Survey".
7, teed deseaipcicxr is shoeing*. alley as pert of ilhe property ownership, semis to be deleted.
N. Revise tits i I ,:.rlption Or prowlde Surveyor's affidavit (differs from Opi tins ands
prerserere rtiaa}.
9, Show I.. Harsco radios, with cove clue at the Northam and Southeast cornea of
die Framed pia. [f the existing buildings arc to ramie. a rows for tits usher tithe 254cct
comer radius design standsad mg be subaaitied b die $upsr viler of Piste.
10. On main sketch, show nndatrlyriarg bolt vrli i dhpiriion.
Dtr
44/ 8P1214 Aaraaa, & Ma.e lYratil aL nano pint40.4ne) lMeg 01.14M-E7e
WWI. Meow PAX Pat AWN Mai RalIIIQr S
PZAB File ID No. 3962
Page 7 of 10
1X3NY COLDMAN
T NTAT1VE PLAT *1901
Augrnt 13, 2017
Page: 2 of 4
11 _ Comet Subdivialos meow tithe memoriam subdivleiona,
12. Move the stetsmmtt "AN EXPRESSED PURPOSE OF THIS PLAT tS TO C U)SE, VACATE,
ABANDON AND DISCONTINUE ..." under the Lepl Description.
13. I rioting utilities in the right of wiry to be closed and vacated must be relocated or cascntenn mum
be meted.
Provide units on MianrFDsde County Flood Criteria.
e a kp! opinion as to Weary cline buses Mess Mad Sir rrveroiseary reshot* the Private
Arsy te be (bee* mud vacated, persrast to PMrhis States' Chapter 177. Section 177.01115.
16. Show thus ani property bee (tomtit of the plat) as a solid line and the proposed riot -way line
ors *dished line. Be advised that an the final plat this will be remised.
17, Makeclaw drtisativa barmen the lines for bomulleries. lots owl bud dingo P order to cisarly
identify theta,
1 S. Provide des to Moak comes and identifY 'type of montnneat found.
19. Provide a copy of the Certified Corner Record awed its the proposed pint
20. Add symbols 1 tb6revitioes ea legend
21. Provide ties to street aneraeetir wt with hewing end riictwnnri for the meetweest llweis end the Denier
liners to all ietcresatkess.
Z2.: haw present widths of a mitting tight of way.
Pls■niner2oning
23. All sncru woes proposed trace ardics lot liner: must be removed prior to final plat submittal
seers r dabie iautrtrmemt neeeptable to lrlerrlag{lonimg Department and City of Atsorsrcy
alone msart be proerlid,
24_ The erisdag ain't erres thud atett rime meats ex mp0y with applicable re siekerrrentm elhelmet
21Zion, li (*daises. Proof& a,ilneni•iin(imagism front pleeerdeegsad Zoning Eli.ps'rhos**
en c esplin nos net de mew.
25. Very Veen is exudes Unity of ride or Caveman/ In lien of Title affecting the property.
26. Provide additional sketch elbowing purse logs and their area's.
Standard Ccs rncata
27, A letter frven Coeetiostt k required to damning if any adjustments to their fscilitieee or easnanasrtd are
required.
2S, Verify with Miemi-Dade Canty that fts proposed plat name is socspt ble.
29. An Opinion of Titlet, in the City of Mintmi Opislan OFilek berm, must be prtwiidsd et the time: of Band
plat aeabeninal.
30. Current backupdoonntantation will be required far all whop eatcoute the final pie. A taaiutian fry
auisority CO aACISIO documents mad • Cartifienae ofGood Standing frt= the Secretary of Seatc ere
inquired, if mynah's.
31. Te ntetivc Piet application resat be raedee ribs Miami -Leads Count • altar reeeirleg approval from the
City of Alissnii fiat and S+umct C moutons. Provide a eaapey of the edict a rction to Public Works.
32. Be advised drat sa Incomplete fitnat plat pates, will not be eoespoad by the Cy tut bawd it is the
O,,i et''a reempoeeability to work with War ar+edor and sessey es muse diet everything is in older
before mutneitting the final plat peel age.
33. Be advised that if an requirements for .twit i hiss the final plat for City Cum.itsdon acllcn errs mot
in order, the Thal pint will not be scheduled kr a City Cothedirrioo ttssetwij.
34. A leder of c+artmurane€y bun Miami-Ce de Cep School Bard Is ravished prior to the femme print
approval (one sonte+ot share). The tentative plat .muse and aseetive plat amber taint he Wised CM
the eppliahion tares..
35. A hider Mom its Miami -Dads Wear end Sewer Depertmeatie required to deseresinee if any
atlivenseale to their Bakke or enemata are required'
Tt3NY GOLDMAN
TENTATIVE PLAT 01401
Mpst 13,2417
Page 3 of 4
3s. A letter !rode M1mR1.Dade WOW ale Bawer Nomad d is required to rime tie and plat in
• sao■neotioe with water and sewer service a reeasretsr,
37. Poe Maknostkoal purposes. povideiewra b yi"" z 1 I" shooks of the division ado kn4 0.. else*
aft divisions blare lire plat is r�eoerded and tree doe al tee dlvieia o attar et pill is
Standard Cossmeets far Sega maw lS.e met Voodoo
I. Pxisttrg milieu located within the street, allay. sad easement to be cbaed and vacated root be
waloesied or esaestherits provided.
2. Public HearhipfPlotabg, Zoning and App,ssI leased (PZAB)
a. An eopi r- - ' r tie as too reversiorsry rigkes for therigboCeley en be dosed and vomited will
be ronseed `r Planning, Zoning aced Appeals Bawd The vpimioa of title must also
address whet! : w not there are irdivideds, in milieu ee its akedng property owners,
having ace :1'st is the r rt-of- +racy OD be closed and versed. A eat af the opinion of
dtle• sanest be provided se the PuWk Woeta Department.
bL The Phonies. poker. and Appeals Board will require a sketch and Lead deaoeipcion with a
SPASM flsotnpe as ea $ lS"' X 11" papers fhr doe propossd closure. Comet the Mica i of ties
Ma rim iilrsasda, at 30S-416-2030. Prod*, a (ropy ea Moe Public Warts ligortment.
3. Iris 1Plt and Ei et Comoilles ices nwiewed ihb tentative piss of Tony Golden t vhdlvteekta rind
dsosrsitrsd est ail lschniod segninmeents ctrotainod In the Miami City tide Diedivisket Repletion:
aw
have bees in awed ghee approved the tentative plat. The members of the No rad Street Camden:
ittsve further considered the rood fear vacation and douse of the Whb nips* to Miami City
Cods regairwnertes and have voted 6 in *MT sit ,d 0 in denial of this vacation and dome request.
In addition to the above requirements, yam tihotdd be a*sc des knowing:
1, Some and local laws requiem ifss iedalkdon of venom physical uteproveemnb is lute pubs >w r►gtetsc-
way estico properly is ply- These subdivision impeua►emert a iodide psnring, drainage,
landscaping.. sue, Ma. in maces caws ads could ssprsont a staboonfal investment ate yawn pot
P ::MMI MED Ise slsbersissios ciao electronic flue of the tenoedivre pia, in an AuzoCAD. to the City
or Miami Public Web Dgtsrtment, Roadwaly Pima Sections will EX MUTE the preposition and
mhssce the ACCURACY ofths subdivider' improvement Iwo required for the fuel pit apprrmel,
2. 'Iles Win, relocation or bastathedoe of Welke ethos as dome and smithery s—s. +siaetrir,
selegion0. Want, ccc. carved by this pit will be at the property ommes expense. Ahoy Airy
easements aatgr be required co die property be pawed
3. A bseildirtg permit will scat be issued on M property being phttwd taxi the final plat h sseoeded or st
authorized by the City of Mimi Code Section 55-10(I). Also, the Temporary Certificate Csac pancy
and/or Contitlicer0e of Occupancy Rw any hollering construction will be bored only alter all the required
s+ebeil isiou improvements have been. completed.
4. Approval For fairs Bow mgdransants menu be obeeinod Iron [des Pie, -Ramona Drstroset prior iD the
imam of a bedding wait
3. In oilier to problems steads ed with awe and aastrutd n activldss nugh et the
neighborhood, the oont;raeiodde reloper is anomonged to notify do eith nd neighlmehvod treeldca a,
in writing, of the project sa=tiss and onmoleiian dads at the Barra at books or permits. The
contra*vfdo ee1oper inky othordkmis the notification of modems wide the local City of Miami NET
Service Omer.
6. Additional idh■hs mu* be pnyvided to the Ciiy of Miami fl►aportmacnt Pukdic Works befog des final
plat is oltistaittad to the aty Commission it asprawl,. Yost will be Kaki in *rides as to what
throw limo are raw the easoest of tine bond hes been deeerislinsi fen rr the naeaesaary subdiiisiam
improvements. 1t is required thee the applicant ca■emes ie Cky of ktiami Public Wost. Survey
Section to verify' that all final plat, *baaionl d►► ernews are complete gdagja final plat ssehaittei.
PZAB File ID No. 3962
Page 9 of 10
TONY GOLDMAN
TENTATIVE PLAT P t 9i11
Moat 15,2017
Page 4off
7. T tine past approval is ally void far Ions) yrar and b(Dai) moths from the dale Ohba PiM and
Sheet Caaoveairtzvx ■eosltng at which lire it was approved.
!fry hams any question aaaatenitlg iris requirements. please retorts the sotaahod shalt fix the appropriate
wan b ComPICI.
Slovenly,
go,., J a1 SNOW P.S. CPU
S1rperviaw ofPim .M Met mad Sliest Cor■aail4w
Diaaiu Wurfa Deportment
@: Scimetbaro-Sheakm & Ali Ijx
3240 Carpacala Way
Minter, FL 33025
Piet and Wert Committee Members
Neacibe Ihekw*bu. Pik., P.E., Assistant City rstasialpte4Chiefof Operations
Survey
Development and Roadway Plies
C:eatral
PZAB File FD No. 3962
Page 10 of 10
AERIAL
FILE ID: 3962
ALLEY CLOSURE
�L _ !t! leerwr .�'*�x.lfe1PI �..
NW 27THST r-r
1
er, r ,.r k�F � 411E l�,l
er- 1,8 f ' 1111R1r rlpe tee r
Miami -Dade GiA. my JTD
ADDRESS: SOUTH OF NW 26 ST,
WEST OF NW 2 AV, NORTH of NW 25 ST
& EAST OFNW3AV
0 75 150
300 Feet
Legend
rA
Transit Corridor Buffer
■ 1 Transit Corridors
MIAMI 21 (EXISTING)
FILE ID: 3962
ALLEY CLOSURE
N
ADDRESS: SOUTH OF NW 26 ST,
WEST OF NW 2 AV, NORTH of NW 25 ST
& EAST OF NW 3 AV
0 75 150 300 Feet