HomeMy WebLinkAboutStaff Analysis and MapsCity of Miami
Planning Department
APPLICANT AND OWNER:
PROJECT LOCATION:
COMMISSION DISTRICT:
TRANSECT ZONE:
FUTURE LAND USE:
NEIGHBORHOOD ENHANCEMENT
(NET) OFFICE:
PREPARER:
A. GENERAL INFORMATION
ANALYSIS FOR
VACATION CLOSURE
FILE ID# PZ-19-1898
Sunshine Land Development, LLC
Bounded on the northside by NE 84ND Street,
on the eastside by NE 12th Avenue, on
the southside by NE 83rd Street, and on
the westside by NE 10 Avenue.
District 5 (Keon Hardeman)
"T3-R" Sub -Urban Zone - Restricted
Single Family Residential
TEAM Upper Eastside
Darren Murphy, Planner I
REQUEST
Pursuant to Chapters 54 and 55 of the City Code of Ordinances, the Sunshine Land Development, LLC (the "Applicant') has initiated a replat
process pursuant to the Ademar Bayside Estates Tentative Plat (Tentative Plat No. 1925-A), please reference Map 1 - Subject Property - 1095 NE
83rd St. The express purpose of Tentative Plat No. 1925-A is to close, vacate, abandon, and discontinue a portion of existing right-of-way from public
use that is not presently being used or maintained by the City of Miami.
B. RECOMMENDATION
Pursuant to Chapter 55, Section 55-15, of the City of Miami Code of Ordinances, and the findings, the Planning Department recommends Approval
of the vacation, closure, abandonment, and discontinued use of existing right -of way from public use as proposed in the Tentative Plat No. 1925-A
C. PROPERTY
The portion of existing right of way that is proposed to be closed, vacated, abondoned, and discontinued from pubic use (right of way) is bounded on
the northside by NE 84 Street, on the eastside by NE 12th Avenue, on the southside by NE 83rd Street, and on the westside by NE 10 Avenue.. This
right of way consists of a portion of Lot 31 and Lot 32. The total acreage for both lots is approximately 22,494 square feet (0.517 acre). The right of
Page 1 of 7
way is approximately 2,679 square feet (0.062 acre). The remaining portion of the exsitng right-of-way is approxiamately 790 square feet (0.018
acre).
Page 2 of 7
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RIGHT-OF-WAY VACATION
PUBLIC CANAL
Scote. "=40'
LEGEND:
- Centerline
R - Rodius
d - Detfa Angle
L - Arc Length
tl. B. - Chord Bearing
at. D. Chord Distance
(R) - Record
P.B. - Plot Book
PG - Page
- More or Less
Portion of
existing
right of
way to be
vacated
NOTE:
1. t3'earina}s shown hereon relate fa on assumed bearing (N90VIY:0Q'W) along the centerline of N.E. 83rd Street.
2. Authentic copies of Mrs sketch and legal deseriptran will bear the original signature and rolsed embossed seal of
the attesting Professional Land Surveyor,
3 This sketch has been prepared for the exclusive use of
cerllficalron does not extend to any unnamed parties.
J See Sheet 2 of 2 far Legal Description_
AMENVW FLAT Of
AAL°A&ia PARK
LOT 31
(P.8. 7, PG. 57)
LESS O1r
WEST 60' Or LOT 31
MOT APNTOF
016rtERSiNP)
RIGHT—OF—WAY VACATION
2, 679E SQUARE FEET
AMEN0EO PLAY Of
A0EA{AR PARK
tir 32
(RR7,pc,67)
CH.6i.
T� r17.2,2. , 9 06.5
ifW
' 0 rii0A;1 PP
10,
7I N,
-�---/
NI. 83rd STREET'
N90ZY0 IY
Mg'
74.8 r
N90.0O 00 "E
POINT OF
BEGINNING
CII,U=NI75852'W
R=6500' 01.D,=10,5I'
L=10.52' d=9'I639"
0'00oaf — — —
29.72
29,7 R) }
POINT Or COMMENOJENT
sounffASl caiNER. LOT 32
PLAT 00Og7, PAX 57
bac
{
Prepored For: Sunshine [and Development, ttC
the entity or entities named hereon
gyll! The attached
dFei=�
gya.dy;I'M meMar, co4P
Mark S John son '�""N'tq' `'
HAM -MN SC 2.
cs...lyva •k}.r,i0
— 1 RJK I r/iGt
LAND SURVEYORS • ENGINEERS • LAND l7{ANINek. -,'S.
J200 CORPO,QATE WAY, AfikAteAii, FURY)A 33025 Lt+l0f.(.JR5) 6.52-7010 R OMR07(954j*i135-iat ' A r..105f 6,52.8284
PREPAPi OI UNlik _ 'd ibEiRIf5KN+J.
l61+�
Sbd11 SHEETOF 2 SHEET(S)ET(S) F. I1SA. si EJ ,,.
FLORT(iA-TtdNGdPAL
, f •SC.i,iyf NO. 4775
THIS IS NOT A "LAND SURVEY _
ORDER iQO.: 209.596
OATE:
OEC. :3, 20J8
K.ACURI R21AMENXEA PLAT OF ACEMAR PARN.C1fY DAM A13NETCHLEGALSdee00E LArt MY VACATION 2018121&aNq. 2179201 73611RPhi ' r' L
(L8-87)
Property
Lots 31 &
32 (1095
83rd Street)
abutting
the portion
existing
right of
way to
vacated
Page 3 of 7
Location Sketch: the subject property boundary (yellow line) with the existing right-of-way (hatched area) that is proposed to be closed, vacated, and discontinued from
public uses
July 12, 2019
1 561
. ti
o o ti as
Map 1 — Subject Property - 1095 NE 83rd ST (cyan blue line) and the existing right-of-way (yellow line) proposed to be vacated and closed that abuts the front of the
property
D. ANALYSIS
PLAT AND STREET COMMITTEE:
At the September 6, 2018, Plat and Street Committee meeting, Tentative Plat No. 1925-A has been approved. The approval entails the closure,
vacating, abandoning, and discontinued use existing of right-of-way. Pursuant to City of Miami's Code of Ordinances, Chapter 55, Sect. 55-15(c), the
Plat and Street Committee review are with respect to the four items listed below in making their recommendations to the Planning, Zoning and
Appeals Board, as summarized by Planning Staff:
Criteria 1: Is it in the public interest, or would the general public benefit from
the vacation of the rights of way or easement?
Plat and Street The existing right of way is not currently improved as a street.
Committee Finding The area currently consists of landscape only. The proposed
Page 4 of 7
1:
Planning
Department
Analysis 1
Planning
Department Finding
1:
Criteria 2:
Plat and Street
Committee Finding
2:
Planning
Department Finding
2:
Criteria 3:
Plat and Street
Committee Finding
3:
Planning
Department Finding
3:
Criteria 4:
Plat and Street
Committee Finding
4:
Planning
Department
Analysis 4:
Planning
Department Finding
4:
vacation will have minor effect to public use. The closure,
vacating, abandoning, and discontinuing use of this existing
portion of right of way will provide the City with additional ad
valorem tax revenue and the removal of roadway maintenance
liabilities.
This vacation is consistent with Miami 21, Article 4, Table 12 —
Design Review Criteria, "Parking Standards", in that the impact
of automobile parking and driveways on the pedestrian
environment is minimized and parking on site will be
encouraged.
Planning Department agrees with the Plat and Street
Committee finding because the vacation, closure,
abandonment, and discontinued use of this existing right-of-way
allows for a unified property for future development.
Furthermore, it will provide a logical, direct public access
between the two property lots and the existing five-foot sidewalk
as part of the right of way for NE 83rd St.
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?
The vacated right of way area is not used by any public service
and emergency vehicles.
The Planning Department concurs with the Plat and Street
Committee's Finding 2.
Would there be no adverse effect on the ability to provide
police, fire or emergency services?
There is no adverse effect since that vacated right of way area
is not being used by any emergency vehicles.
The Planning Department concurs with the Plat and Street
Committee's Finding 3.
Would the vacation and closure of the rights of way or
easements have a beneficial effect on pedestrian and vehicular
circulation in the area?
There is no effect on the pedestrian and vehicular circulation.
Although, improvement to the adjacent sidewalk will be
implemented through Miami 21 Code requirements in the
future development of this site.
The proposed request is consistent with Miami 21, Article 2,
Section 2.1.3 — Transect Principles. Based on the City of
Miami's urban context, the goal of pedestrian -friendly building
projects, that entail differing permitting processes, shall guide
the arrangement of Transect Zones, Thoroughfares, Buildings
and landscape.
Based on the findings from both the Plat and Street Committee
and Staff's analysis of Miami 21's Design Review Criteria, this
vacation closure, and discontinued use of existing right-of-way
will improve these guiding principles along with providing logical
Page 5 of 7
pedestrian connectivity between the property lots and the
existing 5-foot sidewalk
D. CONCLUSION/RECOMMENDATION
The Planning Department has concluded that the request for a vacation, closure, and discontinued use of an existing right-of-way satisfies the
minimum requirements of Section 55-15 of the City Code.
Furthermore, this closure, vacating, and discontinued use of existing right-of-way is consistent with the Miami Neighborhood Comprehensive Plan's
Transportation Element, Goal TR-1:
Maintain an effective and cost-efficient circulation network that provides transportation for all persons while reducing both the
dependency on automobiles and overall roadway congestion
Per the Applicant's Letter of Intent, the closure, vacation, and discontinued use of existing right-of-way of right-of-way serves two purposes:
It will help improve local traffic circulation by eliminating unnecessary curb cuts and other required, ongoing roadway improvements for
rd
NE 83 St.
It will allow for the unification of the property for development purposes, which will have both direct and indirect benefits to the residential
neighborhood.
The Planning Department recommends Approval of the request to close, vacate, abandon, and discontinue the use of specific right of way
easements from public use that are included in the Ademar Bayside Estates Tentative Plat (Tentative Plat No. 1925-A), subject to the following
conditions:
1. 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 55-1 0(i).
2. A Certificate of Occupancy or Certificate of Use shall only be issued after all the required subdivision improvements have been
completed.
3. The Applicant or their successor shall comply with the conditions of approval stated for the Ademar Bayside Estates Tentative Plat
(Tentative Plat No. 1925-A), in a letter dated September 6, 2019 from the Department of Resilience and Public Works.
4. The Applicant, owner, or their successor must comply with all applicable development standards identified in the Miami 21 Code and all
applicable local, County, State, and Federal regulations.
5. Applicant shall provide a written request to the City of Miami Office of Capital Improvements and Department of Resilience and Public
Works to obtain a Confirmation ("Confirmation"). If the Confirmation indicates that funds were expended, the City's Finance Department
and Office of Management and Budget will determine the amount of the City's expenditure, specifically including expenditure of
restricted funds (bond funds, grant funds, or otherwise) for such improvements as a separate line item. The City Manager or his or her
designee will issue a Total Expenditure, which shall specify the amount that the Applicant must repay to the City ("Total Expenditure").
Said Confirmation and, if applicable, Total Expenditure must be obtained prior to the scheduling of a public hearing regarding the vacation
and closure before the City Commission, or before the PZAB for the Alternative Method under the City Code Section 55-15(i) and (j)
Payment to the City of the amount indicated on the Total Expenditure shall be paid to the City before recordation of the Final Plat in
accordance with Section 55-8 of the City Code, or before scheduling for PZAB consideration for the Alternative Method under the City Code
Section 55-15(i) and (j).
Jacqueline Ellis
Chief of Land Development
Attachments:
A. A08.Legal.Desc.Exhibit A
R Al A 1 Ipdu+ed T Pla+ Survey
Page 6 of 7
r.
Al1 Cirtnadl T,Pl�t.I gttgr
Jacqueline Ellis
Chief of Land Development
File ID# PZ-19-1898: Vacation and Closure of existing right-of-way for
Ademar Bayside Estates (Tentative Plat No. 1925-A)
1
07/22/2019
INSERT DATE
NOTICE
The intent of this process is to guide the applicant and help make the permit process more effective and
efficient by providing general comments to schematic preliminary drawings. The comments submitted are
subject to final review by all pertinent departments and officials upon complete submittal of final
documentation. This Dry -Run and attached comments are based on the Zoning Regulations on effect at the
time of review
Page 7 of 7
AERIAL
PZ-19-1898
VACATION CLOSURE (PROPOSED)
N
0 125 250 500 Feet
111111111
ADDRESS: 1095 NE 83 ST
RIGHT-OF-WAY (PROPOSED)
MIAMI 21 (EXISTING)
PZ-19-1898
VACATION CLOSURE (PROPOSED)
NE 10TH AVE
-NE 82ND
—TER
NE 85TH ST
(
NE 84TH ST
NE 12TH AVE
T3-R
NE 83RD ST
NE 82ND TER
NE82NDST NEBAysiloREDR
NE BAYSHORE DR
w
w
z
NE 82ND ST
N
0 125 250 500 Feet
111111111
ADDRESS: 1095 NE 83 ST
C RIGHT-OF-WAY (PROPOSED)