HomeMy WebLinkAboutPZAB (4875) Resolutionl •' OA
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City of Miami
PZAB Resolution
Enactment Number: PZAB-R-19-020
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 4875
Final Action Date: 6/5/2019
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD, WITH
ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE CITY
OF MIAMI COMMISSION OF THE CLOSING, VACATING, ABANDONING, AND
DISCONTINUING FOR PUBLIC USE TWO (2) TEN (10) FOOT ALLEYS AND A
PORTION OF ANOTHER TEN (10) FOOT ALLEY THAT ALL LIE WITHIN PROPERTY
BOUNDED BY NORTHEAST 18 STREET ON THE NORTH, NORTHEAST 2 COURT
ON THE EAST, NORTHEAST 17 TERRACE ON THE SOUTH, AND NORTHEAST 2
AVENUE ON THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," PURSUANT TO SECTION 55-15 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, ASRR 18 LLC ("Applicant"), has submitted an application for vacation and
closure of two (2) ten (10) foot wide alleys and a portion of a third ten (10) foot side alley that all
lie within property bounded by Northeast 18 Street on the north, Northeast 2 Court on the east,
Northeast 17 Terrace on the south, and Northeast 2 Avenue on the west, in Miami, Florida, as
more particularly described in Exhibit "A" ("Alley(s)"); and
WHEREAS, the three (3) Alleys lie within the limits of the approved Miami Arts Center -
Tentative Plat #1913; and
WHEREAS, for ease of reference, the individual Alleys are referred to as Alley 1, Alley
2 and Alley 3 and are described below; and
WHEREAS, Alley 1 is ten (10) feet in width, 219.13 feet in length, and stretches in an
east -west direction connecting Northeast 2 Avenue from the west and Northeast 2 Court to the
east; and
WHEREAS, Alley 2 is ten (10) feet in width, 150.04 feet in length, and stretches in a
north -south direction intersecting the midpoint of the Alley 1 to the north and intersecting the
midpoint of another abutting property to the south (not part of the TENTATIVE PLAT #1913);
and
WHEREAS, Alley 3 is ten (10) feet in width, consists of 54.98 feet of the total length
(164.15 feet) of the underlying alley, and stretches in an east -west direction from Northeast 2
Court westward to the northeast corner of an abutting property (not part of the TENTATIVE
PLAT #1913); and
City of Miami Page 1 of 3 File ID: 4875 (Revision: C) Printed On: 6/17/2019
WHEREAS, the purpose of closing the Alleys is to unify the property for redevelopment
purposes; and
WHEREAS, vacating the Alleys may contribute to the generation of additional ad
valorem taxes to the City of Miami ("City") to provide the necessary services to its residents; and
WHEREAS, existing utilities located within the Alleys to be closed and vacated by the
Applicant must be relocated or easements must be provided; and
WHEREAS, the Alleys to be vacated are not used for pedestrian, vehicular circulation,
or emergency vehicle access and are merely for underground utility lines and emergency
vehicle access; as such, the vacation of the Alleys will have no effect on pedestrian or vehicular
circulation; and
WHEREAS, the Department of Resilience and Public Works and the Plat and Street
Committee have reviewed the subject vacations and closures and determined that it will not
affect pedestrian or vehicular traffic circulation or access for public service; and
WHEREAS, the Plat and Street Committee, at its meeting on December 7, 2017,
reviewed the closure application and determined that all technical requirements have been met
and, by a vote of six to zero (6 - 0), recommended approval of the vacation and closure; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") hereby recommends
approval with conditions to the City Commission of the closing, vacating, and discontinuing for
public use Alley 1, Alley 2, and Alley 3, as described herein, and deems it advisable to do so;
and
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND
APPEALS BOARD 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 if fully set forth in this Section.
Section 2. The Planning, Zoning and Appeals Board ("PZAB") recommends approval to
the City Commission that the Alleys as described above and in Exhibit "A", attached and
incorporated, be closed, vacated, abandoned, and discontinued for public use to the City
Commission subject to the conditions herein and acceptance by the City Commission of the
final plat of "Miami Arts Center -Tentative Plat #1913" and recordation thereof in the Public
Records of Miami -Dade County, Florida.
Section 3. The PZAB recommends that if the City Commission approves the closing,
vacating, abandoning and discontinuing for public use the Alleys within the ASSR 18 LLC
property, the approval must comply with the following conditions:
1. The Applicant, owner or their successor shall meet applicable development standards
identified in the Miami 21 Code and all applicable local, county, state, and federal
regulations;
2. The Applicant 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;
City of Miami Page 2 of 3 File ID: 4875 (Revision: C) Printed On: 6/17/2019
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 Code Section 55-10(i);
4. A Certificate of Occupancy shall only be issued after all the required subdivision
improvements have been completed;
5. The Applicant or their successor(s) shall comply with the conditions of approval stated
for the Miami Arts Center — Tentative Plat #1913, in such letter dated December 13,
2017, from the Department of Resilience and Public Works; and
6. In reference to the City's Plat and Street Committee's Letter - Condition #22 and Miami
21, Article 5. Section, 5.6.1, Building Disposition (T6) (i), the Applicant will provide a 10-
foot public access ingress and egress easement/three-dimensional easement that must
comply with design standards for a 16-foot minimum vertical clearance, as a condition of
approval, and it shall be demarcated at the time of final plan submittal(s) for a building
permit for the Vacation of Private Alleys.
Section 4. The PZAB further recommends that if the City Commission approves the
closing, vacating, abandoning and discontinuing for public use Alley 1, Alley 2, and Alley 3 as
part of the Miami Arts Center, the approved final plat should be recorded within the four (4) year
approval period of the requested vacation and closure.
Section 5. This Resolution shall become effective immediately upon its adoption.
( Francisco Garcia, Director
'Department of Planning
lC (Cr,
Execution Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, arca Lee , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS 11 DAY OF J UY1-, , 201c.i
fpeo+e.17. -f 1 cu(Th e7
Print Notary Name
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Notary Public State of Florida
My Commission Expires:
City of Miami Page 3 of 3 File ID: 4875 (Revision: C) Printed On: 6/17/2019
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EXHIBIT "
LEGAL DESCRIPTION:
PORTION OF 1O—FOOT ALLEY:
A portion of the 10-foot wide alley lying in Block 11 of MIRAMAR, according to the Plat thereof, os recorded in Plat
Book 5 at Page 4 of the Public. Records of Miami -Dade County, Florida, being bounded on the North by the South
lines of Lots 1 through 4, Inclusive, and being bounded on the South by Lots 5 and 6, and being bounded on the
East by the West Right -of -Way line of N.E. 2nd Court, also being the East line of said Block 11, and being bounded
on the West by the East Right -of -Way line of N.E. 2nd Avenue, also being the West line of said Block 11, together
with that portion being bounded on the East by the West line of Lots 6, 7 and 10, and being bounded on the West
by the East line of Lots 5, 8 and 9, and being bounded on the North by the Westerly prolongation of the North line
of said Lot 6 from the Northwest corner of said Lot 6 to the Northeast corner of said Lot 5, and being bounded on
the South by the Westerly prolongation of the South line of said Lot 10 from the Southwest corner of said Lot 10 to
the Southeast corner of said Lot 9, together with thot portion of said 10-foot wide alley being bounded on the North
by the South line of sold Lot 10, and being bounded on the South by the North line of Lot 11, and being bounded
on the East by said West Right-of-way line of N.E. 2nd Court, also being the East line of said Block 11, and being
bounded on the West by the Northerly prolongation of the West line of sold Lot 11 from the Northwest corner of Lot
11 to a point on said South line of said Lot 10, oll being more particularly described as follows:
Begin at the Southeast corner of said Lot 1 in Block 11 of MIRAMAR; thence South 89'58'53" West, along soid South
line of Lots 1 through 4, inclusive, for 219,93 feet to a point on the East right -of -Way line of N.E. 2nd Avenue, also
being said West line of Block 11; thence South 00'29'51" West, along said East Right--of-Way line, for 10.00 feet to
the Northwest corner of said Lot 5; thence North 89'58'53" East, along the North line of said Lot 5, for 104.97 feet
to the Northeast corner of said Lot 5; thence South 00'30'07" West, alone the East line of said Lots 5, 8 and 9, for
150.04 feet to the Southeast corner of said Lot 9; thence North 89'58'24 ' East for 10.00 feet to the Southwest
corner of said Lot 10; thence North 00'30'07" East, along the West line of said Lots 6, 7 and 10, for 150.04 feet to
the Northwest corner of said Lot 6; thence North 89'58'53" East, along the North line of said Lot 6, for 104.97 feet
to the Northeast corner of said Lot 6, also being the West Right-of-Woy line of N.E. 2nd Court, and said East line
of Block 11; thence North 00'30'23" East, along said Right -of -Way line for 10.00 feet to the Point of Beginning,
together with that portion of said 10 foot wide alley lying in Block 11, being more particularly described as follows:
Beginning at the Northeast corner of sold Lot 11; thence South 89°58'24" West along said North line of Lot 11 for
54.98 feet to the Northwest corner of said Lot 11; thence North 00'30'15" East along the Northerly prolongation of
the West line of said Lot 11 for 10.00 feet to a point on the South line of said Lot 10; thence North 89'58'24" East
along said South line of Lot 10 for 54.98 feet to the Southeast corner of said Lot 10, also being a point on the
West Right -of -Way line of N.E. 2nd Court and a point on said East line of Block 11; thence South 00'30'23" West
along said West right -of -Way line and the East line of said Block 11 for 10.00 feet to the Point of Beginning.
SURVEYOR'S NOTES:
- This site lies in Section 31, Township 53 South, Range 42 East, City of Miami, Miami -Dade County, Florida.
- This is NO1 a "Boundary Survey" but only a graphic depiction of the description shown hereon.
- All documents are recorded in the Public Records of Miami --Dade County, Florida, unless otherwise noted.
- Lands shown hereon were NOT obstrocted for restrictions, easements and/or rights -of -way of records.
- Bearings hereon are referred to an assumed value of SE.9'59'12''W for the Monument Line of N.E. 18th St.
- Total lands shown hereon containing 4,250 square feet, or 0.098 acres, more or less.
- dimensions shown hereon are based on Fortin, Leavy, Skiles, Sketch No. 2017-144-1-COM.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on October 27 2017, and meets
the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
FOR PUBLIC yFq
NOTICE
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"Not valid without the signnprre and the original raised seal of a Florida Licensed Surveyor and Mapper"
FORTiN, LEAVY, SKILES, INC., LB3653
By:
( Daniel C. Fortin Jr., For The Firm
Surveyor and Mapper, LS6435
State of Florida.
10' ALLEY
(TO BE VACATED)
Drawn By
GEM
Cad' No' 170867sod
Ref.
017-144-1—00M
Plotted: 10/27/17 12:33p J
DESCRIPTION, NOTES & CERTIFICATION
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305-653-4493 / Fax 305-651-7152 / Email fI (Milr;':rirvcy.com
Date 10/27/17
Scale NONE
Job- No. 170867
Dwg. No.
1017-052
Sheet 1 of 3
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PORTION OF 10-FOOT ALLEY
_J---
TRACT B
BISCAYNE
FEDERAL PLAZA
FIRE �' ADDITION
STREET
TRACT 'A'
BISCAYNE
FEDERAL -ENDED
7)
PORTION OF 10-FOOT ALLEY
/.
LOCATION SKETCH
A PORTION OF THE N.W. 1/4 OF SECT. 31, TWP. 53 S., RGE. 42 E.,
CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA
SCALE: 1" = 300'
10' ALLEY
(TO BE VACATED)
{Drawn By
GEM
Cad. No.
170867sod
Ref.D20w.
17-144-1—COM
`lofted: 10/27/ 17 12:33p ,
LOCATION SKETCH
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305-653-4493 / Fax 305-651-7152 / Email fisthlfissurvoy.coin
Date 10/27/17
Scak 1" — 300'
Yob. No. 170867
Dwg. No.
1017-052
Sheet 2 of 3
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30'15"E ,
J LOT 11
W od 1 Q OQ' N.W. CORNER NORTH LINE
�u OF LOT II.
.� OF LOT 11, BL0CK11,
105' (P)
c.
WIDTH 1 LOT 9 rSOUTII LINE OF
VARIES 35' IEAST UNE OFLOTS 5.aa9,���) IRD8. .00KII, g
�, t BLOCK 11, P.B. 6_PQ 4 _ , LP.O S, }ro. _\
5'_, ' G 10' ALI.CY, f rjJ`/rir%//
LL ,, 17...F. 9RWFR (F LOT B. / T
BLOCK 11 P B PG 4
35' 35'
j 70 1/W
}
BLOdK 4 . 4 I
I MI AMAR B. 5, PG
Lu4J LOT 13 1 LOT 12 LLOT 11_1
N.E. 18th STREET
S89°59'12"W 284,96' (M) & (CITY)
P-A-F4K •(P.B. SrRG.-4)—
S89°59'12"W 281.21'
S01°37'57"W PRAOO PER P.B. 5, PG. 4)
37.56' (80' PUBLIC RIGHT-0F•WA' )
I .0 . 1 BLOQK 11 I .14
— r `
MIRAMAR
Lisa PlIAT BOO} 5, PAGE4
LOT 41 LOT 3 1 LOT 2 LOT 19.
S.E. CORNER OF LOT 4, 'OIN I o I F. INNINo �a
'�
BLOCK 11. P.13 6, P0. 4 I L1.1. (;OH 1 101 101 1,
SOUTH LINE 1' LOTS 1 THROUIpii 4, BLOCK 11, P.O.6, Pr, 4
BLOCK I t. P 5, PG.4 N.W. CO EH OF LOT 0,
N,F COF1NFFI 01 I o 15, - BLOCK 11, P.U. 6. PG.4
III.00K 11, P.R. '. P0. 4
S89'58'53"W 219.93' M
�.- IQALLEY
:I tyu, — 104.97' (M)
:-I s ig ,,; N89°58'53"E
�
"'t LOT 5hr
38
• 3, 11 NOIITHNII I.- K 1OF • E �
�rZ Y fllu 541 I a rIL5. P11. 4 1.
„' LOT 8
�, BLOCK11ARP
-I VARIES.� , PG. 41
1
I1.2I
JIXa°
•�N.1 C1HNI{R OF 101 B, g
BI o 4< 1 1, P.U, r, I'G. 4 ir,
W681 L INI: OF LOTS 8, 7110. I
BLOCK 11, P.f 5PG.4
0
z
tb' ALLEY
°I
104.97' (M) 105' (P)
( N89°58'53"E
NORTH LINE OF LOT
E moo( 11, P.B. 6, PG
LOT 6
CORNER OF LOT 10, I N
Rl OCK 11 P.B. 5. PG .1 ( w
N89°58'24"E 7 W
LOT 10 54.98' 55 (P) I z (a
Z�r N89°58'24"E 10,00
I
`� LOT 14 LOT 13 LOT 12 ` " I
w I BLOCK 11 � '0�fI
AR I
Z @. ` � _PJL AT BOOK 5_PAGE 14 9n,` n )
(sAN1IAO0 AVE►4UE PER P.B. 5, Pa 4) 589°58'24"W
n (70' PUBLIC RIGFIT.0E-WAY) 54.98' 55'(P)
M 1 N8r58'05"E 284.89' ()& (Ty) --
4 N89°58'05°E 284.89' (M)
N.E. 17th TERRACE
30'
B. 5, PG.4 P.B. 6, PG.4
O
O
0
30'
GRAPHIC
0 40 B0
SCALE
160
(INFRET )
1 inch = 80 ft.
LEGEND
(CRY) - CRY OF MAU ATLAS SHEEP"
(M) - MEASURED
(P) - PLAT
SQ. FT. - SQUARE FEET
P.B. - PLAT BOOK
P0. PAGE
R/W s RIGHT-OF-WAY
= CENTER UNE
MONUMENT UNE
10' ALLEY
(TO BE VACATED)
'Drawn By
Cad. No.
GEM
170867sod
Ref Dwg,
2017-144-1—COM
Plotted: 10/27/17 12:33p
SKETCH OF DESCRIPTION
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th Strout / North Miami Beach, Florida 33162
Phone 305-653-4493 / Fax 305-651-7152 / Email tle(a)ll ,survcy.com J
Data 10/27/17
Scala
Job. No. 170867
Dwg. Na 1017-052
Sheet 3 of 3