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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)