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HomeMy WebLinkAboutAnalysis and MapsCity of Miami Planning and Zoning Department Land Development Division ANALYSIS FOR STREET CLOSURE File iD# 2990 PROJECT ADDRESS: A portion of NW 10k°Avenue of approximately 0.27 acres (11,569 square feet) of land_ APPLICANT: 1000 Spring Garden, LLC COMMISSION DISTRICT: District 5 (Keon Hardernon) ZONING DESIGNATION: T6-8-L PLANNER: Derrick Cook, Planner II FOLIO#: not applicable NET OFFICE: Overtown 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 public street_ The street closure request, which includes a portion of an easement vacation, and as required, the applicant will replace any easement by instrument within the subject site. The map below identifies the road closure that includes a portion of the drainage easement closure. Above rrdxp depicts of proposed street and easernerd clomims AL unt'L;w AuIAceear tO annn ill. RI Nk4 4. F DEN Fit> PZAB File ID#2990 Page 116 City of Miami Planning and Zoning Department Land Development Division BACKGROUND The portion of the street closure that also contains a portion of a drainage easement closure is bordered an the west and the east by properties owned by the applicant, The properties are generally located at 1000 Spring Garden Road and 1180 NW 8 Street Road. The property on the west side of the subject street closure contains a 22-unit two-story multi -family building constructed in 1961 (1000 Spring Garden Road). The property on the east side of the subject street closure is a vacant Lot owned by the applicant (1 180 NW 8 Street Road)_ Abutting the vacant lot on the east is a property owned by the applicant containing a 24-unit two-story multi- family building constructed in 1959 (1150 NW 8 Street Road). The aerial map below denotes the applicant's properties and the portion of NE 10 Avenue to be closed as unnamed. PZA5 File ID#2990 Page 216 City of Miami Planning and Zoning Department Land Development Division In the applicant's letter of intent it states that the applicant is requesting the vacation of the right- of-way in order to consolidate the area into the abutting properties to accommodate additional parking for the two multi -family buildings, Currently. both buildings have limited parking areas. The street closure and easement vacation will occur by the re -platting of the assemblage of contiguous properties consisting of approximately 0.71 acres or 30,921 square feet located at the southwest corner of NW 10 Avenue and Spring Garden Road through Spring Garden Estates Tentative Plat #1896-A. The survey sketch below identifies the street and easement to be closed, vacated. abandoned, and discontinued for public use depicted in the above map: JDA ve .4 r Irre ALTA a rr 04•1411.10 MIN A ; • •YM ,! MFN�aN MFFY1110•10004e lf 4 m i. v + ;� srM� �{r.+�� I .11yei.�,ra+F {. I�YiFdKIM ^1.4.1...e rR ewre=reereeg rPr ere�rrrr, �r • Styr, er, r rzer, r • w�a�+ rn�4 x�i {�r`�4 ►� -4 lateL ■t, 4 kWi+Yia'6 IIYW c+.Y.1PrNEr Er mem au�i a e Am w ere aa ere ,moo r•. ere. •+ 4 4 rl 4,i 4r4• . riff r .rri r mewra• ya •iamP raw L= .rr w ,i # q e i rtr ere ,.4.s.uu E0 • re-. � V.am w intr Ye. wwA e., tree Yr w .+..: 1. w .ro ti e.... 4. *kr er MP rderf4t. .t— NNE rr i++ mis AMr A. IWO Y rMref riatlfrrml zatorlaara • = 141•4101.4# ifr wee. Err —ar-l--en�erw w a.ieam I M frl 4rla y ere. eerie ylr•. • ••w a. MIrl� ..w ;� 4++s....4ie 1 r. ` 9%4,k h .,..F,b y.r tier?+xr [Xi tip _ . 4. Y 1 #e 5 /� I 1# r i,.. `�''+,. i ram'kl { .. 2 att4 `+•s e. 41/0rn re .. mere",` oe 41 Ere... r..r n MI . ,•r 4 44 elee+ir•i1. ••1r. roe env .. 4Ew rE a r.. +qw..w• EL urrm...'r°0. .:r' W,m':r`,M�� . erei. y... .. :,........a .r•�i4+rrof FL _ _ .WPM... ww..r •te r....1.....••... .�.i•. • 44. ..00.4+#.•r•4.tfii —r 00w4 r. ,bra.. wuw.•..� ewe rra e•-le.... u.a MOW 400151421 wr y!a w a re+F IV a WM% FP ;IAN 41 ale 4-Elee la rear Er 5 ei .Vb4nS r. 44nrere il.ra i el I 7 1Le;'ti1 ir•.4Tr A: L 11.1111141 t' iMi Mi 14W a. map TSr: Frrl e J { : '141 l i ` Jt ut i� 1 1 lroI lio !IN r .riwi 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 PZAB File ID#2990 Page 316 City of Miami Planning and Zoning Department Land Development Division the Plat and Street Committee review four (4) public interest findings related to vacation and closures. The Plat and Street Committee Findings for the street 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 vacation will incorporate approximately 11,566 SF into the tax roll of the street that is mostly unimproved_ 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: There is full access to the abutting properties from Spring Garden Road and NW 8 Street Road, Currently, the proposed closedivacated right-of- way only serves the applicant properties. The property on the eastside of the proposed street and easement to be closedivacated does not utilize the street_ The easement pertains only to Water and Sewer Department. A full relocation of that easement will be accommodated by instrument within the site. 3. Public Interest Finding: Would there be no adverse effect on the ability to provide police, tire or emergency services? Plat and Street Committee Response: Emergency vehicles can access the site from the adjacent streets. 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 proposed street to be closed and vacated is a dead-end. It can be used as a place to congregate resulting in an increase liability to the City. On May 4, 2017, The Plat and Street Committee members voted to recommend approval, unanimously 5 to 0, of the requested closure and vacation of the street and the additional easement request subject to conditions, in relation to the Plat and Street Committee determination that the application for street and easement closures meet the criteria established in Section 55-15(c) of the City Code; the applicant has presented these findings to support the closure of the street and easement as summarized_ I. Is it in the public interest, or would the general public benefit from the vacation of the right of way? The closure would provide public benefit; in that, it would bring more than 11,569 square feet of property onto the City's tax roll that are not required for vehicular circulation or pedestrian circulation_ PZAB File ID#299U Page 41, City of Miami Planning and Zoning Department Land Development Division II. Is the general public no longer using the right of way, including public service vehicles, fire, or other emergency vehicles? Currently, the street and the easement does not provide access for emergency vehicles and it is not required for access to any properties along Spring Garden Road. The right-of-way is not necessary in order to provide solid waste services to the area properties. As noted above, the general public does not utilize the easement, the easement is merely for use by Water and Sewer Department. The easement will be replaced by instrument where required. lll. Would there be no adverse effect on the ability to provide police, fire, or emergency services? There exists no emergency vehicle that utilizes the street for access. Police, fire, and emergency service is provided from Spring Garden Road, IV. Would the vacation and closure of the right of way have a beneficial effect on pedestrian and vehicular circulation in the area? The closure of the street and easement would not have any impact on pedestrian circulation in the area. Presently, there exist no destination at the terminus of NW 10try Street and the right-of-way does not presently provide any pedestrian or vehicular circulation. CONCLUSION: The proposed street and easement closures are consistent with the goals, objectives, and policies of the Miami Comprehensive Neighborhood Pfan (MCNP). In that, the street 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 that the tentative plat of Spring Garden Estates (Tentative Plat #1890-A) meets the criteria established in Section 55-10 of the City Code and the Planning Department's determination that all technical requirements contained in the Miami Code Subdivision Regulations have been met, the Planning Department recommends approval of the street and easement closure with conditions. Therefore, 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, discontinue from public use the street and additional easement subject to the following six conditions: 1. The applicant, owner, or their successor must meet applicable development standards identified in the Miami 21 Code and all applicable focal, county, state, and federal regulations. 2. The applicant, owner, or their successor shall provide an access plan for review and acceptance by the City's Fire -Rescue, Police, Solid Waste Departments and the Capital Improvements Program/Office Transportation_ PZAB File ID#299Q Page 516 City of Miami Planning and Zoning Department Land Development Division 3_ 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). 4, A Certificate of Occupancy or Certificate of Use shall only be issued after all the required subdivision improvements have beencompleted. 5. The applicant, owner, or their successor must comply with the conditions of approval stated for the Spring Garden Estates Tentative Plat #1896-A, in a letter dated June 29, 2017 from the Department of Public Works. 8 Prior the approval of the Spring Garden Estates — Tentative Plat #1895-A: the applicant shall have any easement that requires replacement executed by instrument in compliance with City Code, Miami -Dade regulations, and City of Miami Subdivision Regulations, as applicable. Jacqueli a Buis Chief of and Development Attachment: Public Works Inter -office memorandum and Public Works Letter {A) PZAB File ID#299IJ Page 616 ATTACHMENT A CITY OF MIA.MI. FLORIVA INTER -OFFICE MEMORANDUM TO: Juvenal Santana, P.E., CFIvI Supervisor of Plats/Ilfrectrr Department of Public Works FROM. Abraham Bachtlar, P.E, Professional Engineer III Department of Public Works DATE: July 7, 2,017 F6LE: SUBJECT: NCW Tentative Pint with Street ands/or Easement Closure REFERENCES: ENCLOSURES: Committee Vote At the May 4, 2017 Plat and Street Committee meeting, the Committee approved 2 (two) tentative plats involving closure of right of way and/or public alley and easement. P]at and Street Committee eonsideretions are with respect to the four items below in making their recommendations to the Planning, Zoning, and Appeals Board (PZAB), 1, Js it in the public interest, or would the general public benefit from the vacation of the rights of way or easement? 2. Is the general public no longer` using the rights of way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles? 3. Would there be no adverse effect on the ability to provide police, fire or emergency services? 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? The results of the Coniinitteo's review of the public interest findings concerning the closures are as summari.cd below for cacti of the plats. KEYSTONE HAVANA CLUB (Vacation of Public Alley) 1. Public access is maintained off Le Jcune Rd. The development will take over Maintenance responsibility of the vacatedlctosed portion of the alley. Sidewalk/walkway be provided along the vacated/closed portion of the alley. 2. Fire and Solid Waste vehicles currently do not use the alley. Public access easement will be provided to accommodate vehicular and pedestrian access. 3, Emergency vehicles currently have access to the site from the adjacent main streets.. Public access easement will provide the minimum height requirements for emergency vehicles, 4, Pedestrian circulation will be enhanced by providing sidewalk along the closed/vacated portion of the alley within the setback, increasing current set back, and providing safer sidewalk area along the alley within private property, The P]at and Street Committee members voted 6 (Mix) in favor and 0 (zero) in denial of this pktblic Mlle' closure request. SPRING GARDEN ESTATES (Vacation of Right of Way/Street and Easement) I. The vacation wi1J incorporate" area of 11,566 SF into tax ro]] of the street that is mostly un-improved, 2, There is full access to the abutting properties from Spring Garden Rd and NW 8 StRd, The closed/vacated right of way currently only serves the applicant property. The property on the east side of-closed/vacated street does not utilize the street, Easement pertains to Water and Sewer Department only. A full relocation of utility will be accommodated in the future, 3. Emergency vehicles can access the site from the adjacent main streets, 4, The closed/vacated sh t.et is currently a dead-end. It can be used as a place to congregate resulting in an increase liability to the City, The Plat and Street Committee members voted 5 (five) in favor and 0 (zero) in dental of -this street and easement closure request, JSIABfah Enclosure; Street, Public Alley, and Easement Vacation Vote Tally Derrick Cook, Planner ii Planning and Zoning ]Department Luiz Vicentirri, Planner I, Planning and Zoning Department Development and Roadway Pans Central Survey ttp at Juno 29, 2017 1000 Spring Garden LL;C ATTN: Alfonso Jaramilla 200 S. Biscayne Blvd_, Suite 850 Miami, FL 33131 n rar t_ 1, A1.12ONSO City. Manai;Lr SPRING GARDEN ESTATES TENTATIVE PLAT ##i 896-A (FIRST RLSUBMITTAL) LOCATED AT THE SOUTHWEST CORNIER OF NW 10 AVENUE AND SPRING GARDEN Ra.'.13 Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of May 4, 20] 7, APPROVED the above tentative plat subject to the following Envisions being made to the tentative plat, additional information being provided and/or variances being granted, Please be advised that the processing of your tentative !slat cannot proceed until these conditions and/or cnirsments have been satisfied: Public Works 1. On application, fill out the number for area (acres). 2, Location Sketch a. Correct Subdivision names of the underlying plat and surrounding subdivisions. b. Provide zoning designations and zoning transect lines. 3_ On main sketch, show underlying lots with dimensions. 4. Correct Subdivision names ofthc surrounding subdivisions S. Clarify benchmark used and elevation value.. 6. Correct owners address, is different from tlac application 7. Draw, label, and identify lot line location for adjacent lot on southeast area, 8. Show ownership east of NW 10 Av. 9, Mirirni-Dade Cuun1y Public School Concurrency application needs corrections. 10. Provide ties to block corners and identify type of monument found. 1 1 . Provide a copy of the Certified Corner Record used in the proposed plat. 12. Provide a tie to the nearest section corner, 13. Provide ties to stet intersections with bearing and distance for the monument lines and the center lines to both intersections. 14. Show present widths of existing right of way, 15. Provide express purpose statement under the legal descriptions, 16. Add missing abbreviations for underground info to the legend, 17. Add information for centerline of Wagner Creek. l8. Add distance/length of h1W 10 Av. 19. Applicant is to comply with provisions of City of Miami Code Section 54-4(b) as an alternative method to the regnircinent for abutting properties for closure and vacation of a right (fway. Refer to Ofiice of the City Attorney Memorandum dated May 1.6, 2017. MPARI kw.3. OP MIMIC WORKS 444 Sty' 21." Avenue, iiA Floor 1 Miami, FL 33130 d (3 ) 416-1200 / Pax= {305} 4164278 Mailing Asldre6s-P.O.Box 3Cr1[JliMiami, a332i3--I17[t SPRING GARDEN ESTATES - TENTATIVE PLAT #1896-A (I:1I(S [' rasuH 1TTAL) .tune 29, 2017 Page 2 of 4 20. Provide verification as to determine if NW 10 Ave continues to the south of Wagner Creek. Applicant must follow up with Public Works prior to Final submittal regarding the right of way concern. Plat is to be resubmitted if in fact the NW 10 Ave right of way continues to the south of Wagner Creek. Right of Way Vacation 21. Existing utilities located within the street and,/or easement to be closed and vacated must be relocated oreasernents provided. 22. Provide a legal opinion as to if any claim has been tiled for reversionary rights to the Right of Way to be closed and vacated, pursuant to Florida Statutes Chapter ] 77, Section 177 085, 23, Public Hearing/Planning, Zoning and Appeals Board (PZAB). a, An opinion of title as to reversionary rights for the right-of-way to be closed and vacated will be required by the Planning, Zoning and Appeals Board. The opinion of title must also address whether or net 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 Planning, Zoning, and Appeals Board will require a sketch and legal description with a square footage, on an 8 2" X 1 1 " paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030, Provide a copy to the Public Works Department. Planning 24. Provide a tree table, listing all trees with common and botanical names, height, diameter and spread prepared by a Certified Arborist or a Landscape Architect. Zoning 25. Location sketch — provide zoning designation around the proposed plat. Fire 26. Meet with the Fire Marsha]] or the committee member from Fire Department, Lieutenant Seth Edge, and provide a compliance letter stating that requirements Fire -Rescue Department have been met. Standard Comments 27. A letter from C.omcast is required to determine if any adjustments to their facilities or easements are req u ired, 28. Verify with .Miami -Dade County that the proposed plat name is acceptable. 29. All encroachments across proposed tract andlor lot lines must. be removed prior to final plat su banittal . 30. An Opinion of Title, in the City of Miami Opinion of Title fibrin must be provided at the time of final plat submittal. 31. 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. 32. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. Provide a copy of the notice of action to Public Works 33, Be advised that an incomplete final plat package will not be accepted by thc City of Miami. 1t is the owner's responsibility to work with hislher surveyor and attorney to assure that everything is in order before submitting die final plat package. 34. Be advised that if all requirements for scheduling the final plat for City Commission action are not in order, thc final plat will not be scheduled for City Commission meeting. 35. A letter of concuirency from Miami -Dade County School Board is required prior to the final plat approval (see contact sheet), The tentative plat name and tentative plat number must be included on the application form. SPRING GARDEN ESTATES - TENTATIVE PLAT ff 1$ 6-A (FIRST RESUBMITTAL) June 29, 2017 Page 3of4 36, A letter from the I iami-Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required. 37, A iett:cr from Miarni-l]ade Water and Sewer Department is required to release the final plat in Connection with water and sewer service agreements. 38. Provide two 8 Ufa." 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 thc following: 1. State and local laws require the installation of various 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 ofthe tentative plat, in an AuloCAD, 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 altcrrtiion, 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 rnzty 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 ofMiarrti Code Section 55-10(i), Also, the Temporary Certificate Occupancy and/or Certificate of Occupancy for my 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 Fire-Rc cue l partsnent 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 NE1° Service Center. 6.. Additional items must be provided to the City of Miarni Department of Public Works before titre 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 Sectintz 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. Sin crcly, Ju i 1 Sant ra, P.E., CFM Suisor o '1ats—Plat and Strut Commiflee Dire Eor Public Works Department JS'ABiab ,( x' Enclosure: Contact Sheet SPRING GARDEN ESTATES - 'E ENTATEVB PLAT Si 1896-A (I'IRS'f' RESUBMITTAL) June 29, 2017 Page 4of4 e° Schwebke-Shiskin & Associates Ine. J3ereow Radell Fernandez & Larkin 3240 Corpontie Way 200 S. Biscayne Boulevard, Suite 850 I firarnar, FL 33025 lvliamr, FL 33131 Plat and Strut Corniniulee Members Nzeribe flick waba, F'h,U., I'.E., Assistant City ManagerChief of Operations Survey Development and Roadway Plans Central i • I T3-R • N 0 95 190 MIAMI 21 (EXISTING) File ID: 3402 STREET & EASEMENT CLOSURE NW 11TH ST Miami River Greenway egulatorySesign" Standards • . ... . 380 Feet NW 9TH AVE NW•12TH ST UNNAMED — ADDRESSES: APPROXIMATELY 1000 AND 1008 SPRING GARDEN RD N AERIAL FILE ID: 3402 STREET & EASEMENT CLOSURE ADDRESSES: APPROXIMATELY 1000 AND 1008 SPRING GARDEN RD 0 80 160 1 i I 320 Feet