HomeMy WebLinkAboutStaff Analysis and MapsCity of Miami
Planning Department
ANALYSIS FOR
VACATION AND CLOSURE
This submittal needs to be scheduled fora public hearing
in accordance wb, timelines set forth in the City of
Miami Code. The applicable decision -making body will
renew the information at the public hearing to render a
recommendation or a final decision.
PZ-19-5317
03/05/20
Staff Analysis Report No.
ePlan ID# PZ-19-5317
Location
Bounded on the north by NE 30 St., on the east by Biscayne Blvd.,
on the south by NE 29 St., and on the west by NE 2 Ave.
Folio Number
N/A
Miami 21 Transect
T6-36A-O
MCNP Designation
Urban Core Zone
Commission District
District 2 (Ken Russell)
NET District
Wynwood/Edgewater
Planner
Darren Murphy
Property Owner
Crescent Heights of America, Inc.
Project Representative
Ethan B. Wasserman, Esq.
A. REQUEST
Pursuant to Chapters 54 and 55 of the City Code of Ordinances, the Applicant requests to vacate
and close multiple 10-foot wide platted, private alleys ("the alleys") totaling approximately 0.216 acres
(9,419 square feet). The alleys are bounded by NE 30 St. (north), Biscayne Blvd (east), NE 29 St (
south) and by NE 2 Ave (west). As depicted below, the proposed alley closures lie within the limits of
Blocks 11 and 12 of BROADMOOR, according to the plat thereof, as recorded in Plat Book 2, Page
37 of Public Records of Miami -Dade County, Florida.
Image 1 - aerial view of the proposed alley
closures outlined in yellow.
w
NE 2ND CT
NE 30TH S
BISCAYNE B LVD
NE 29TH ST
Image 2 — abutting zoning (T6-36-A-O) of the
proposed alley closures outlined in yellow.
The Applicant's collective property contains almost two full blocks depicted on the Bis
Assemblage, Tentative Plat #1952 as "Tract A" (West block) and "Tract B" (East block
located inside, please refer to the "LOCATION SKETCHES" (Images 3 & 4) below:
Image 3: TRACT A - LOCATION SKETCH: West Block with alleys
shown as hatched
SCALE: 1 "=60'
NOTE:
1. See Sheet 2 for Legal
Description.
— Centerline
P.B. — Plat Book
PG. — Page
T �
N.E. 30th. Street
-----� ��---- - l
041N LWE BLOCK 12
TIROALWOOr
25.0' (P.0 2 PC. 37)
35.0'
of
,o LOT 4 9 LOT 3 0l LOT 2 ao
o a o
^I
BLOCK "12"
BROADMOOR"
(P.B. 2, PG. 37)
— l 0.0. 54.93' 54.93' 54.93' 54.93'
LOT 1
co
104.
ALLEY
VACATION
LOT 5
104.86'
rz1 LOT8
h—lo..o' 104.86'
35.0'
1 S4.8
LOT 6
104.86'
LOT 7
44.93 54.93 54.93'
LOT 9
BLOCK "12"
BR0ADM00R"
(P.B. 2, PG. 37)
LOT
!!!S001H LINE BLOCK 121
J (PB7)J 54.93_ 54.93' _1
'BROADMOOrI N.E. 29th. Street d
54.93'
27.5' 2Z5'
N.E. 2nd. Ct.
27.5' 27.5'
LOT 10
11
LOT 12 Q
This submittal needs to be scheduled fora public hearing
in accordance wth timelines set forth in the City of
Miami Code. The applicable decision -making body will
review the information at the public hearing to render a
recommendation or a final decision.
PZ-19-5317
03/05/20
• TRACT A is
bound by NE
2nd Court on the
East, NE 2nd
Avenue on the
West, NE 30th
Street on the
North, and NE
29th Street on
the South.
• ALLEY
VACATION: the
diagonal, black
hatching
demarcates the
boundaries of
the alleys
proposed to be
closed and
vacated from
public use.
Image 4: TRACT B - LOCATION SKETCH: East Block with alleys
shown as hatched
SCALE: 1 "=60'
NOTE:
1. See Sheet 2 for Legal
Description.
— Centerline
P.B. — Plat Book
PG. — Page
27.5'
C9+
27.5'
275' 27.5'
I— 55.04'
l
LOT 4 0
O O
55'(R)
55.04'
105.08'
ALLEY
VACATION
LOT 5
105.08'
55.04' \-11. 55.04'
NORM UNE BLOar Il j
Ol (P.B Z P0. 37)
LOT 3 0 1 LOT 2 20 I
oI LOT 1
55.04
LOT 9
LOT 8
05.08'
BLOCK "11"
BROADMOOR"
PB. 2, PG. 37
55'(R) I 55'(R) l 55'(R)
55.04' 55.04' 55.04'
55.04
BLOCK "11"
'BROADMOOR"
j PB. 2, PG. 37
of LOT 10 01
oI
55.05' 55.04'
LOT 11
105.08'
9.0'—1
LOT 6
96.08'
LOT 7
105.08'
0
SOW UNE BLOCK 11
�BAIAIIOCIP•
(P.B ZPC 37)
55.04'
55.04
LOT 12
55.04'--I
50.00'
•-
m�
cti
55.04' i
B. RECOMMENDATION
•
This submittal needs to be scheduled fora public hearing
in accordance wh, timelines set forth in the City of
Miami Code. The applicable decision -making body will
review the information at the public hearing to render a
recommendation or a final decision.
b
Bis
Boule
East, NE
Court on the
West, NE 30th
Street on the
North, and NE
29th Street on
the South
PZ-19-5317
03/05/20
• ALLEY
VACATION: the
diagonal, black
hatching
demarcates the
boundaries of
the alleys
proposed to be
closed and
vacated from
public use.
Based on the Plat and Street Committee findings, the Planning Department and Department of
Resilience and Public Works recommends "Approval" of the request to vacate and close the alleys
located within the Biscayne South Assemblage, Tentative Plat #1952 as "Tract A" (West block) and
"Tract B" (East block), with the conditions of approval stated for this application for the vacation and
closure (Application) of the alleys, in a letter dated November 20, 2019 issued by the Department of
Resilience and Public Works.
C. BACKGROUND
This request is to close, vacate and abandon for public use multiple alleys that are generally located
south of Northeast 30 Avenue, west of Biscayne Boulevard, north of Northeast 29 Street, and east
of Northeast 2 Avenue. The alleys are 10 feet in width and approximately 0.216 acres (9,419
square feet) of land area.
The purpose of the request is to vacate and close the alleys and revert the area to the abutting
property owner(s).
PUB
v
0
4
The vacation and closure of these alleys , as a whole, is considered a key element in
amended Plat of BROADMOOR, by reverting the them back the original lots, as recor
2, Page 37 of the Public Records of Miami Dade County, Florida.
D. ANALYSIS
PLAT AND STREET COMMITTEE
0 H a9�
NOTICE
This submittal needs to be scheduled fora public hearing
in accordance with timelines set forth in the City of
Miami Code. The applicable decision -making body wit
renew the information at the public hearing to render a
recommendation or a final decision.
44,
V
REVIEW C0
PZ-19-5317
03/05/20
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, the Plat and Street
Committee review four public interest findings related to vacation and closure.
Criteria 1:
Planning Department Finding 1:
Criteria 2:
Is it in the public interest, or would the public benefit
from the vacation of the rights -of -way or easements?
Planning Department concurs with the Plat and Street
Committee's findings that the current alleys are
deemed unsafe due to existing obstructions, such as
bollards and erected fences, and other safety hazards
that restrict or block both pedestrian and vehicular
access.
Is the 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?
Planning Department Finding 2: The Planning Department concurs with the Plat and
Street Committee's Finding 2.
Criteria 3:
Planning Department Finding 3:
Criteria 4:
Planning Department Finding 4:
Would there be no adverse effect on the ability to
provide police, fire or emergency services?
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?
The Planning Department concurs with the Plat and
Street Committee's Finding 4.
On November 7, 2019, the Plat and Street Committee members voted to recommend to the Planning,
Zoning and Appeals Board ("PZAB"), 7 in favor and 0 not in favor, for the request to close and vacate
multiple alleys, with the conditions of approval stated for the application for vacation and closure of the
alleys, in a letter dated November 20, 2019 issued by the Department of Resilience and Public Works.
The Plat and Street Committee Findings for Vacation Closure application ("the Application") are
attached as Attachment A - Plat and Street Committee Letter dated November 20, 2019).
E. CONCLUSION
Based on the Plat and Street Committee findings, conditions of approval, and sta
Planning Department recommends the "Approval" of this Application to vacate and clos
subject to the following conditions:
This submittal needs to be scheduled fora public hearing
in accordance with timelines set forth in the City of
Miami Code. The applicable decision -making body will
reoewthe information at the public hearing to render a
recommendation or a finaldecidon.
PZ-19-5317
03/05/20
1. The applicant or their successor shall with the conditions of approval stated for the Application for
Vacation and Closure of the alleys, in a letter dated November 20, 2019 issued by the Department
of Resilience and Public Works.
2. The applicant or their successor shall comply with all development standards identified in Miami
21 Code, and all applicable Local, State and Federal regulations.
3. The 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 the 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).
Jacqueli a Ellis
Chief nand Devklopment
Attachrefts:
Attachment A - Plat and Street Committee Letter dated November 20, 2019
Attachment B - Biscayne South Assemblage, Tentative Plat #1952
Attachment A - Plat and Street Committee Letter
City of jJ*iiami
November 20, 2019
2900 Block Redevelopment, LLC
Crescent Heights of America, Inc.
2950 NE 2nd, LLC
2930 NE 2nd, LLC
200 NE 30th, LLC
c/o Ethan Wassscrman
Greenberg Traurig P.A
333 SE 2 Avenue, Suite 4400
Miami, FL 33131
Crescent Heights
2200 Biscayne Boulevard
Miami, FL 33137
Thls submittal needs to be scheduled fora public hearing
in accordance with timelines set forth in the City or
Miami Code. The applicable decision -making bodywil
review Ole Information at the public hearing to render a
recommendation or a final decision.
EMILTO T. GONZALEZ Ph.D.
City Manager
BISCAYNE SOUTH ASSEMBLAGE
TENTATIVE PLAT #1952
LOCATED BETWEEN BISCAYNE BOULEVARD AND NE 2 AVENUE, AND BETWEEN NE 29
STREET AND NE 30 STREET.
Ladies and Gentlemen:
The City of Miami Plat and Street Committee, at its meeting of November 7, 2019, APPROVED the above
tentative plat subject to the following revisions being made to the tentative plat, additional information
being provided and/or variances being grantul. Please be advised that the processing of your tentative plat
cannot proceed until these conditions and/or comments have been satisfied.
Resilience and Public Works
1. Application - Opinion of title special exception #2 is to be clarified or corrected on the recording
information.
2. Location Sketch
a. Label the name of proposed plat.
b. Under location map label include fractional of section description.
3. Correct annotation — proposed public ingress/egress and utility easement by this plat.
4. Title block under tentative plat name needs correction in description.
5. In the title block under the tentative plat name, correct plat name and include fractional section
b. Legal description is showing the alley as part of the property ownership, needs to be deleted
7. Correct subdivision names of the surrounding subdivisions.
8. Add contact information
9. Provide a copy of the Certified Corner Record used in the proposed plat
10. Provide a tie to the nearest section or quarter section corner. Use the centerline for the tie
11. Show distances recorded and measured.
12. Updated survey depicting newly constructed structures will be required before Final Plat submittal,
if applicable.
13. Resolve conflict with existing bus stop at west end of the proposed easement.
14. Stormwater drainage system underground information is to be revised or corrected prior to the
submittal of subdivision improvement engineering plan.
DEPARTMENT OF RESILIENCE & PUBLIC WORKS
444 SW 2°' Avenue, 8t" Floor / Miami, FL 33130 / (305) 416-1200 / Fax. (305) 416-1278
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
PZ-19-5317
03/05/20
NOTICE
This submittal needs to be scheduled fora public hearing
in accordance with timelines set forth in the City of
Miami Cede. The applicable decision -making body wit
renew the information at the public hearing to render a
recommendation or a final decia on.
BISCAYNE SOUTH ASSEMBLAGE - TENTATIVE PLAT #1952
November 20, 2019
Page 2 of 4
a. Revise Note #7.
b. Provide corrections to the information on the existing storm water drainage system adjacent
to proposed plat — underground lines, inlet rim elevation, inlet type, structure bottom
elevation, pipe invert elevation and direction, pipe size, pipe length, exfiltration trench.
c. Provide private drainage information within Tract B.
15. Delete references to parcels on legal description and main sketch.
16. Provide annotation for buildings and/or structures and existing improvements to be demolished on
the main sketch.
17. Note # 15 - Purpose of plat — add private alleys.
18. Contact the Survey Section for additional minor comments.
Planning/Zoning
19. Provide a tree table listing all trees with common and botanical names, height, diameter and spread
prepared by a Certified Arborist, with name, date, and certification number.
20. Provide verification from Zoning Department if any Unity of Title or other type of covenant in
Planning and Zoning records is affecting the subject property. Contact Alicia Menardy of Zoning
Department at 305-416-1012.
Standard Comments for Street and/or Easement Vacation
21. A letter from the Miami -Dade Water and Sewer Department is required to determine if any
adjustments to their facilities or easements are required.
22. Existing utilities located within the street, alley, and easement to be closed and vacated must be
relocated or easements provided.
23. Applicant must comply with requirements of City of Miami Code Section 55-15(bX4), Vacation
and closure of portion of alley, requires that property owner to provide a suitable access within
his/her property from the closed end of the alley to the nearest public street, or streets. All property
owners abutting the alley shall join in the plat abandoning and disclaiming all right, title and
interest in the portion of the alley being closed.
24. Provide a legal opinion as to if any claim has been filed for reversionary rights to the Right of Way
to be closed and vacated, pursuant to Florida Statutes Chapter 177, Section 177.085.
25. 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 PZAB (does not apply for easement within private property). The
Opinion of Title must also address whether or not 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 Resilience and Public Works
Department, prior to acceptance of the application.
b. The PZAB will require a sketch and legal description with a square footage, on an 8 %" X
11" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-
2030. Provide a copy to the Resilience and Public Works Department.
26. The Plat and Street Committee has reviewed this tentative plat and determined that all technical
requirements contained in the Miami City Code Subdivision Regulations have been met and has
approved the tentative plat. The members of the Plat and Street Committee have further considered
the request for vacation and closure of the alley with respect to Miami City Code requirements and
have voted 7 (seven) in favor and 0 (zero) in denial of this vacation and closure request.
27. 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,
PZ-19-5317
03/05/20
NOTICE
This submittal needs to be scheduled fora public hearing
in accordance with timelines set forth in the City of
Miami Cede. The applicable decision -making body wit
renew the information at the public hearing to render a
recommendation or a final decia on.
BISCAYNE SOUTH ASSEMBLAGE - TENTATIVE PLAT #1952
November 20, 2019
Page 3 of 4
which shall specify the amount that the Subdivider 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).
Standard Comments
28. A letter from Comcast is required to determine if any adjustments to their facilities or easements are
required.
29. Verify with Miami -Dade County that the proposed plat name is acceptable.
30. All encroachments across proposed tract and/or lot lines, including any underground
encroachments, must be removed prior to final plat submittal.
31. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of
final plat submittal.
32. 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.
33. 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 Resilience and
Public Works.
34. A plat approval letter from the Florida Department of Transportation (FDOT) is required prior to
fmal plat submittal. A copy of the final plat must be submitted to the FDOT, not a copy of the
tentative plat.
35. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is the
owner's responsibility to work with his/her surveyor and attorney to assure that everything is in
order before submitting the final plat package.
36. Be advised that if all requirements for scheduling the final plat for City Commission action are not
in order, the final plat will not be scheduled for a City Commission meeting.
37. A letter of concurrency 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.
38. A letter from Miami -Dade Water and Sewer Department is required to release the final plat in
connection with water and sewer service agreements.
39. For informational purposes, provide two 8 '''A" 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 the 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 hnprovements 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 of the tentative plat, in an AutoCAD, to the
City of Miami Resilience and Public Works Department, Development and Roadway Plans Section
PZ-19-5317
03/05/20
This submittal needs to be scheduled fora public hearing
in accordance with timelines set forth in the City of
Miami Code. The applicable decision -making body will
review Me information at the public hearing to render a
recommendation or a finaldecidon.
BISCAYNE SOUTH ASSEMBLAGE - TENTATIVE PLAT # 1952
November 20, 2019
Page 4 of 4
will EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement
letter required for the final plat approval.
2. The alteration, 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 may 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 of Miami Code Section 55-10(i). Also, the Temporary Certificate
Occupancy and/or Certificate of Occupancy for any 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 -Rescue Department 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 NET
Service Center.
6. Additional items must be provided to the City of Miami Department of Resilience and Public
Works before the 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
Resilience and Public Works Survey Section to verify that all final plat submittal documents are
complete prior to final plat submittal.
7. Tentative plat approval is only valid for 1(one) year and 6(six) months from the date of the Plat and
Street Committee meeting at which time it was approved.
If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate
person to contact.
Ju 5&1 a, P.E., CFM
Su isor o Plats - Plat and Street Committee
Deputy Director - Department of Resilience and Public Works
AD/JS/AB/ab /6%-il(10 ty
Enclosure: Contact Sheet
c: Schwebke-Shiskin & Associates, Inc.
ATTN: Mark Johnson
3240 Corporate Way
Miramar, FL 33025
Greenberg Traurig P.A
ATTN: Darlene Gonzalez
333 SE 2 Avenue, Suite 4400
Miami, FL 33131
Plat and Street Committee Members
Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager
Survey
Development and Roadway Plans
Central
PZ-19-5317
03/05/20
Attachment B - Biscayne South Assemblage, Tentative Plat #1952
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retlew the Information at the public hearing to render a
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1.1111422010.17.
714
ePlan ID: PZ-19-5317
Page 10 of 10
AERIAL
ePLAN ID: PZ-19-5317
VACATION CLOSURE
N
0 62.5 125 250 Feet
111111111
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating bodywlll
renew the information at the public hearing to render a
recommendation or a final decision.
PZ-19-531 7
03/05/20
ADDRESSES: 200 NE 30 ST, 220 NE 30 ST,
247 NE 29 ST, 254 NE 30 ST, 257 NE 29 ST,
260 NE 30 ST, 2900 BISCAYNE BLVD,
2901 NE 2 AV, 2922 NE 2 CT, 2923 NE 2 AV,
2930 BISCAYNE BLVD, 2930 NE 2 CT,
2931 NE 2 AV, 2931 NE 2 CT,
2944 BISCAYNE BLVD, 2950 NE 2 CT,
2955 NE 2 CT
Allleys to be vacated and closed
MIAMI 21 (EXISTING)
ePLAN ID: PZ-19-5317
VACATION CLOSURE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applica decision -mall ng body will
renew the information at the public hearing to render a
recommendation or a final decision.
PZ-19-531 7
03/05/20
NE 30TH ST
NE-29TH ST
N
0 62.5 125 250 Feet
1 1 1 1 1 1 1 1 1
ADDRESSES: 200 NE 30 ST, 220 NE 30 ST,
247 NE 29 ST, 254 NE 30 ST, 257 NE 29 ST,
260 NE 30 ST, 2900 BISCAYNE BLVD,
2901 NE 2 AV, 2922 NE 2 CT, 2923 NE 2 AV,
2930 BISCAYNE BLVD, 2930 NE 2 CT,
2931 NE 2 AV, 2931 NE 2 CT,
2944 BISCAYNE BLVD, 2950 NE 2 CT,
2955 NE 2 CT
Alleys to be closed and vacated