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HomeMy WebLinkAboutAnalysis and MapsThis final dedsicn maybe aopealed to the Planning. Zoning and Appeals Board byarry aggrieved party, witin fifteen OS) drys of the date of posting by flung a written appeal and apprcplate Iee xtth the Heeling Boards O'wxion. locatedat4445W 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number 505, 416-2030. City of Miami Planning Department ANALYSIS FOR VACATION CLOSURE Staff Analysis Report No. PZ-22-14464 Location 220 Northeast 43 Street, Alternative Address (4201 Northeast 2 Avenue) Folio Number 0132190090070 Miami Comprehensive Neighborhood Plan ("MCNP") Future Land Use ("FLU") designation Medium Density Restricted Commercial Miami 21 Zoning Code ("Miami 21 Code") Transects "T4-L", General Urban Transect Zone — Limited; "T5-O", Urban Center Transect Zone — Open; Miami 21 Code, Overlays Miami Design District Retail Street Special Area Plan Zoning Overlay City Commissioner District 5 City Commissioner Christine King Planner Darren Murphy, Planner II; Email: dmurphy@miamigov.com Property Owner 4201 NE 2nd Avenue, LLC Project Representative Javier E. Fernandez, Esquire; Email: jernandez@smgglaw.com A. REQUEST Pursuant to Chapter 55, Section 55-15 of the City of Miami Code of Ordinances (City Code), as amended, Javier E. Fernandez, Esquire on the behalf of the property owner, 4201 NE 2nd Avenue, LLC (the "Applicant") submitted an application for the vacation and closure (the "Vacation Closure") of an underground, platted 10-foot-wide utility easement (the "Utility Easement") that is generally bounded by the following Throughfares: Northeast 43 Street to the north, Florida East Coast Railway to the east, Northeast 42 Street to the south, and Northeast 2 Avenue to the west, Miami, Florida (the "Property"). B. RECOMMENDATION The City of Miami Plat and Street Committee (the "Plat and Street Committee"), at its meeting on October 1, 2020, approved the "Helm Design - Tentative Plat #1966 (Formerly #1941 and #1852-A) (referred to as the "Current Tentative Plat #1966"), please refer to Attachment 1. Furthermore, the Helm Design - Tentative Plat #1966 is subject to the Department of Resilience and Public Works letter drafted on October 5, 2020 (the "City's Dept. of Public Works Letter"), please refer to Attachment 2 - Public Works Letter — Helm Design Tentative #1966 (Formerly #1852) and is generally bounded by the following Thoroughfares: Throughfares: Northeast 43 Street to the north, Florida East Coast Railway to the east, Northeast 42 Street to the south, and Northeast 2 Avenue to the west. PZ-22-14464: 4201 NE 2 AV -Vacation Closure — Page 1 of 10 3/14/2024 This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved tarry, within flkeen(15)days of the date of posting lay flung a wIllten appeal and appropriate fee with the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. Based on the recommendation of approval by the Plat and Street Committee and the Planning staff's analysis of the Vacation Closure Application in terms of its compliance with the City of Miami's (the "City") MCNP's Goals, Objectives, and Policies and the Miami 21 Code's land use regulations, the Planning Department recommends "Approval with Conditions" of the Applicant's current Vacation Closure. C. THE PROPERTY Approximate Location of the Public Right of Wav The Property, which includes the Utility Easement is generally bounded by the following Throughfares: Throughfares: Northeast 43 Street to the north, Florida East Coast Railway to the east, Northeast 42 Street to the south, and Northeast 2 Avenue to the west, refer to Figure 1. Figure 1: Aerial of the proposed Vacation Closure = yellow outline, red outline = the Applicant's 1.86 acre property PZ-22-14464: 4201 NE 2 AV -Vacation Closure — Page 2 of 10 3/14/2024 This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved tarry, within flkeen(15)days of the date of posting lay flung a wIllten appeal and appropriate fee with the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. Surrounding Uses and Related Approvals Miami 21 MCNP / Density ("du/acre") Existing Use North "T3-L" Sub -Urban Transect Zone - Limited Single Family — Residential / 9 du/acre Residential, Single Family Residence South "T5-O" Urban Center Transect Zone - Open General Commercial / 150 du/acre Commercial, General Commercial East Florida East coast Raily Right of Way, N/A Florida East Coast Railway, N/A Florida East Coast Railway, Right -of -Way West "T4-O" General Urban Transect Zone — Open; "T5-O" Urban Center Transect Zone - Open Medium Density Restricted / 65 DU/Acre; Commercial; General Commercial / 150 du/acre Commercial, General Commercial; Civic Support, Public Parking Table 1: Future Land Uses, Miami 21 Zones, and Surrounding Uses Date Action 11/6/2014 The City of Miami Plat and Street Committee approved the Utility Easement v vacation and closure request 11/12/2014 Department of Public Works, Helm Design - Tentative Plat # 1941 and #1852 9/24/2015 The Miami City Commission approved Resolution: R-15-0423 10/01/2020 The City of Miami Plat and Street Committee approved the Utility Easement closure request 10/5/2020 Current Tentative Plat #1966 12/3/2021 Department of Resilience and Public Works -issued Tolling and Extension of the Current Tentative Plat #1966. the new expiration date for the Tentative Plat is 6/3/2023 Table 2: Related approvals D. BACKGROUND The Property's Miami 21 Code's Transect Zone The Property consists of one (1) MCNP, FLU designation: Medium Density Restricted Commercial. Whereas, the Property has two (2) Miami 21 Code's Transect Zones: "T4-L", General Urban Transect Zone — Limited and "T5-O", Urban Center Transect Zone — Open. The Property is also within Miami 21 Code's Miami Design District Retail Street Special Area Plan Overlay, refer to Figure 2 Area of the Public Right of Way The area of the Utility Easement is approximately 3,585 square feet or 0.082 acres on a 1.86 acre site, refer to Figures 1 and 2. PZ-22-14464: 4201 NE 2 AV -Vacation Closure — Page 3 of 10 3/14/2024 This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved tarry, within flkeen(15)days of the date of posting lay flung a wIllten appeal and appropriate fee with the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. T3 4TJ!' d'SE.el.cAl - Figure 2: Property with Miami 21 Code's Transect Zones ("T4-L", General Urban Zone — Limited and "T5-O" Urban Center Zone) and Miami Design District Retail Street Special Area Plan Overlay; Utility Easement = black outline The Original Vacation and Closure Approved — November 6, 2014 On November 6, 2014, the Plat and Street Committee held a meeting to review the Utility Easement closure application as part of the Helm Design - Tentative Plat #1852 (the "Previous Tentative Plat"). Staff finds that the proposed utility easement closure is consistent with the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan and that this closure will facilitate cohesive development, economic growth, and revitalization, as the proposed development on the block is within the Miami Design District. On September 24, 2015, the Miami City Commission unanimously adopted Resolution No. R-15-0423 (the "Closure Resolution") approving the vacation and closure of the Utility Easement from public use. Requested Tolling and Extension of the "Previous Tentative Plat Due to unforeseen circumstances, the Applicant was not able to record their Previous Tentative Plat within the four-year time span, per Chapter 55, Section 55-15 of the City Code. Therefore, the Applicant requested an extension pursuant to the "Tolling" provisions of Florida Statute 252.363, as amended. As a result, the Applicant was able to extend the Previous Tentative Plat's expiration date to June 25, 2023, please refer to Attachment 3 — Extension (Tolling) of Tentative Plat #1966. PZ-22-14464: 4201 NE 2 AV -Vacation Closure — Page 4 of 10 3/14/2024 This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved parry, within flkeen(15)days of the date of posting try flung a Neaten appeal are appropriate fee v21Ht the Hearing Boards Division. Iocatedat444 SW 2rd Averue, 3rd Roo, Miami, FL 33130. Telephone number (305 416-203S Approval of the Current Tentative Plat #1966 Based on the Use of the Closure Resolution, it is to be modified to reflect the Current Tentative Plat, while the Applicant shall be subject to the corrections and/or comments from the City's Dept. of Public Works Letter, refer to Figure 3. "Ma?°, PLAT dFTZAC e 'Of gyp .A E se o ZONE T4-L - s--- - PROPOSED TRACT •A° — N.E. 42ND STREET TRACT I as ZONE T5-0 --PROPOSED TRACT °B• r, 2 i, #L Tr ebo)< �I2pAF 2010TW000 TRACT A HELM DESIGN GRAPMI5 SCALE�a... e., PUKE LAND SURVEYORS, ING. Figure 3: The Helm Design - Tentative Plat #1966 (Formerly #1852) — red outline = Utility Easement Expenditures of Funds/Restricted Funds Confirmation Pursuant to the provisions of Chapter 55, Section 55-15(a) of the City Code, as amended, the City's Department of Resilience and Public Works ("RPW") and Office of Capital Improvements ("OCI") has researched for any City projects involving this Public Right of Way to be vacated and closed by the subject Tentative Plat. Both Departments confirmed in writing, based on their records, that the City has not expended any funds within the prior fifty (50) years and/or any restricted funds on improvements, please refer to Attachment 4 — RPW Confirmation Letter and Attachment 5 — OCI Confirmation Letter. PZ-22-14464: 4201 NE 2 AV -Vacation Closure — Page 5 of 10 3/14/2024 This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved tarry, within flkeen(15)days of the date of posting lay flung a wIllten appeal and appropriate fee with the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. E. FINDINGS Pursuant to Chapter 55, Section 55-15(c) of the City of Miami Code of Ordinances at the October 1, 2020, Plat and Street Committee meeting, recommended approval of the Applicant's "Current Tentative Plat" for the vacation and closure of a Utility Easement. Furthermore, the Plat and Street Committee considered the following four (4) criteria in making their recommendation to the Planning, Zoning, and Appeals Board, please refer to Table 3. Criteria: Findings: 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 Committee Finding 1: The [Utility] easement is reserved for utilities and is not open to the general public or vehicular traffic. The vacation and closure of the [Utility] easement will create a unified development site. The ground level of the proposed project includes amenities available to the general public. As part of the re - platting process, new sidewalks and improved roadways will be provided on all abutting public streets enhancing pedestrian and vehicular access and circulation. Criteria 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? Plat and Street Committee Finding 2: The [Utility] easement is not open to pedestrian or vehicular access. The general public, police, fire rescue, and service vehicles do not use the easement. Criteria 3: Would there be no adverse effect on the ability to provide police, fire, or emergency services? Plat and Street Committee Finding 3: There would be no adverse effect on the ability to provide emergency and service vehicle access to the adjacent property or the surrounding neighborhood. Criteria 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? Plat and Street Committee Finding 4: The public streets abutting the plat will be improved with new sidewalks and pavement enhancing access to the property and improving pedestrian and vehicular circulation in the neighborhood. Table 3: four (4) Vacation Closure four (4) questions, per Chapter 55, Section 55-15(c) of City Code PZ-22-14464: 4201 NE 2 AV -Vacation Closure — Page 6 of 10 3/14/2024 This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved tarry, within flkeen(15)days of the date of posting lay flung a wIllten appeal and appropriate fee with the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. Planning Department staff reviewed the Applicants proposed vacation and closure of the Utility Easement based on key sections of the Miami 21 Zoning Code (Miami 21) and the Miami Comprehensive Neighborhood Plan (MCNP), and their findings are listed below, please refer to Table 4: Criteria: Findings: Planning Department Criteria 1: Miami 21 Code The proposed vacating and closing of the Utility Easement is consistent with Miami 21 standards, goals, and objectives. Miami 21, Article 2, Section 2.1.2(b)(3.): "Ensuring that private Development contributes to increased infrastructure capacity and through building embellishes a pedestrian -friendly public realm of highest ambient quality". MCNP It is consistent with Capital Improvements, Goal CI-1 Adhere to sound fiscal management policies that ensure the timely provision of public capital facilities required to maintain existing public infrastructure, which meet the need for public facilities resulting from future development and redevelopment, and that enable the provision of public capital facilities that. enhance the quality of life within the city." Planning Department Analysis 1: Staff defers to the Plat and Street Committee's recommendations as a testament that the Applicants proposed vacation and closure of the Utility Easement aligns with Miami 21's Article 2 Section 2.1.2(b.)(3.) and MCNP's Goal CI-1 Planning Department Finding 1: Complies Planning Department Criteria 2: Miami 21 Code It is consistent with Miami 21 Zoning Code, Article 2, Section 2.1.3.3(b.): "Development should adequately accommodate vehicles while respecting the pedestrian and the spatial form of public space". MCNP It is consistent with MCNP's 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" Planning Department Analysis 2: The Applicants proposed vacation and closure of the Utility Easement is a critical element to the success of redeveloping this project site for possible future Uses, such as Residential, Multifamily housing, complying with the MCNP's Level of Service Standards for public open space/civic space, and PZ-22-14464: 4201 NE 2 AV -Vacation Closure — Page 7 of 10 3/14/2024 This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved tarry, within flkeen(15)days of the date of posting lay flung a wIllten appeal and appropriate fee with the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. Criteria: Findings: improving the current pedestrian/vehicular network by removing underutilized or abandoned Utility Easement. Planning Department Finding 2: Complies Planning Department Criteria 3: Miami 21 Code Pursuant to Article 3, Section 3.8.2.b of the Miami 21 Code: "The Thoroughfare network should be designed to prioritize connectivity, defining Blocks not exceeding an average perimeter length of 1,320 feet. The length shall be measured as the sum of Lot Frontage Lines. Thoroughfare closings should not be allowed; instead, traffic calming designs should be deployed to control traffic volume and speed." Planning Department Analysis 3: Pursuant to Chapter 1, Section 1.2 of the Miami 21 Code — Definition of Terms, "[a] Frontage Line ... [is a] Property Line or Base Building Line Abutting a public space, such as a Plaza or Thoroughfare, whether at the front, rear, or side of a Lot. Facades parallel to Frontage Lines define the public realm and are therefore more regulated than the Elevations that coincide with other Lot Lines. The Frontage Line consists of the Property's Base Building Line that Abuts the three (3) Thoroughfares and the Florida East Coast Railway's Public Right -of -Way, which is approximately 1,120 feet. This falls below the average perimeter benchmark of 1,320 feet. Therefore, the vacation and closure of the Utility Easement is not considered to be disruptive in terms of increased traffic volume and speed and promotes overall connectivity for the immediate area for both traffic and pedestrians. Finally based on the City's Dept. of Public Works Letter, Standard Comments for Street and/or Easement Vacation, #19: "Existing utilities located within the street, alley, and easement to be closed and vacated must be relocated or easements provided." The vacation and closure of this Utility Easement is not disruptive to the vehicular and pedestrian circulation of the Property. Furthermore, the Applicant is required to relocate it under the direction of the City's Resilience and Public Works Department. Planning Department Finding 3: Complies Table 4: Planning Department PZ-22-14464: 4201 NE 2 AV -Vacation Closure — Page 8 of 10 3/14/2024 This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved tarry, within flkeen(15)days of the date of posting lay Bung a wIllten appeal and appropriate fee with the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. F. CONCLUSION Pursuant to Chapter 55, Section 55-15 of the City of Miami Code of Ordinances, the findings from the Plat and Street Committee and the findings from the Planning Department staff, the Planning Department recommends Approval with Conditions for the closing, vacating, abandoning, and discontinuing for public use the Utility Easement as part of the Current Tentative Plat #1966 based on the following Conditions of Approval, as stated below: G. CONDITIONS 1. The "Use" of the Closure Resolution (R-15-0423) for the vacation and closure of the Utility Easement is to be modified to reflect the Current Tentative Plat #1966 while the Applicant shall be subject to the corrections and/or comments from the City's Dept. of Public Works Letter, dated October 5, 2020. 2. The Applicant, owner, or successor shall meet the development standards of Ordinance 13114 ("Miami 21 Code"), as amended, including the general provisions to guide the design, construction and management of a new retail pedestrian street and its surrounding city streets as set forth in Appendix F - Miami Design District Retail Street Special Area Plan, and all applicable local, state and federal regulations. 3. A building permit, including phased permits, will not be issued on the property being platted until the final plat is recorded in the official records of Miami -Dade County, Florida or as authorized by Section 55-10(j) of the City of Miami Code of Ordinances, as amended. 4. A temporary certificate of occupancy or a certificate of occupancy shall not be issued, unless and until the governmental agency or developer obtains final plat approval and records the final plat in the official records of Miami -Dade County, Florida, within the recordation period, as defined in Section 55-100)(10) of the City of Miami Code of Ordinances, as amended. 5. The City reserves the right to inspect the site to ensure compliance with the conditions listed. PZ-22-14464: 4201 NE 2 AV -Vacation Closure — Page 9 of 10 3/14/2024 This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved parry, within flkeen(15)days of the date of posting lay flung a rrtlarn appeal and appropriate fee vtltlt the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. ,—DocuSigned by: S .a.t& L S t A,tx —3A75CAC5AF7E446... David Snow, Planning Director (Interim) Planning Director DocuSigned by: Ste- Sf 3A75CAC5AF7E446.. Sevanne Steiner, Assistant Planning Director, CNU Planning Department ,—DocuSigned by: arLII 72FA59AC74 kt Darren Murphy, Planner II Planning Department Attachments: Attachment 1 - Current Tentative Plat #1966 Attachment 2 - City's Dept. of Public Works Letter Attachment 3 - Extension (Tolling) of Tentative Plat #1966 Attachment 4 - RPW Confirmation Letter Attachment 5 - OCI Confirmation Letter PZ-22-14464: 4201 NE 2 AV -Vacation Closure — Page 10 of 10 3/14/2024 TREE TABLE CERTIFIED BY: ERIN SANTIAGO, ARBORIST FL-5705A LIAF INSPECTOR #2018-0214 THE SANTIAGO GROUP, LLC ihesantIogograupllc©gmoBcom (954)947-1087 Tree DBH Neigh a CommonName 8 enicaI Name __. 1 heM Rem n Ve MeooOw h 14 Gumbo limbo B TRW IT ra omlera�a Aa euca 2T Gumbo Vmbo Co.nut Palm of ce Wy Live ]A Slwereuttonwnod coi al 40 C.o.nut Palm 1 Dead Sabal Palm Suorterw Non ash al Gumbo L.nbo Oak G3 Mss ng oublc laoueie 01 me 10 16 18 25 20 20 18 20 42 25 BOUNDARY AND TOPOGRAPHIC SURVEY AND TENTATIVE PLAT OF HELM DESIGN A REPLAT OF LOT 5, BLOCK 2, OF BRENTWOOD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 66, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND TRACT 2, OF REVISED PLAT OF TRACT'A' AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR 4201 NE 2ND AVE LLC, A FLORIDA LIMITED LIABILITY COMPANY C/O HELM EQUITES, LLC 150 BROADWAY, SUITE 800 NEW YORK, NY 10038 PHONE. (212) 608-5100 LOCATION MAP A PORTION OF SECTION 19. DEVELOPMENT INFORMATION LAND USE 301,4, FEET SHIFTS HOURS 3,600 80 NRIIPL (MULDvnwLvl urins 75.000 CONTACT PERSON INFORMATION PULICE LAND SURVEYORS - JANE STORMS FA, NUMBER: 954-572-1778 ATTACHMENT 1 LEGAL DESCRIPTION LOT 5 BLOCK 2. OF BRENTWOOD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOON 40. PAGE 66. PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA AND TRACT 2. OF REMSED PLAT OF TRACT 'A' AND TBLOCKS HEREOF AS RECORDEDIN PLAT BOOK 44. PAGE 6NPUBLIC RECORDS OF MACCORDING TO THE PLAT MIAMI-DADECOUNTY.FLORIDA CONTAINSAID IDS NG 80�980 SBEINGUATE, LVING AND MIAMI, QUARE FEET 0,8590 ACRES) MORE ORLMI-DADS COUN FLORID LESS, AND NOTES. 1) ELEVATIONS ARE BASED ON CITY OF MIAMI DATUM: MIAMI-DADE COUNTY BENCHMARK NO, C-243: ELEVATION: 15.13 DATUM). FEET. N F C/LD PROJECTED FROM THE EATUM OF 1929: AST. 15.39 (CITY 2) oL ONE. COMMUNI, No_120650 PANEL 09/1 /0, 3) THIS SITE LIES IN SECTION 19, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, 4) BEARINGS ARE BASED ON THE MONUMENT LINE OF NE 42ND STREET BEING 5893500"E. 5) REASONABLE EFFORTS WERE MADE REGARDING THE EXISTENCE AND THE LOCATION OF UNDERGROUND UTILITIES. THIS FIRM. HOWEVER. DOES NOT ACCEPT RESPONSIBILITY FOR THIS INFORMATION. BEFORE EXCAVATION OR CONSTRUCTION CONTACT THE APPROPRIATE UTILIT, COMPANIES FOR FIELD VERIFICATION, 6) THE EACCURACY OF ELEVATIONS OF WELL DEFINED IMPROVEMENTS ON THIS SURVEY ISBOOWW. 71 IS 58( cot... No PARKING SPACES. a)H TAD FER OPINION: DATED SEPTEMBER 14, 2020_ THE FOLLOWING ITEMS ARE EXCEPTIONS N ITEMSAIAGREEMENT IN O.R.E. 29595 PAGE 4542, APPLES TO THIS SITE BUT Is NOT PLOTTABLE. THIS SITE BLIT IS NOT PLOTTABLE. 9) H N ITEM ORDER N 0. R'B0 THE PROPERTY HAS BEEN ADDED TO THE MIAMI DESIGN DISTRICT SPECIAL D 75-0 PER MAREA I 21 3ONING CODE. PLAN. JJ ,) -cfnIZErp,noNNO OBSERVED EVIDENCE OF CURRENT EARTH MOVING WORK, OR BUILDING 12) THERE WAS NO TN SERVED EVIDENCE OF RECENT STREET OF SIDEWALK CONSTRUCTION OR REPAIR. 13) AS NO OBSERVED EVIDENCE OF SITE USE AS A SOLID WASTE DUMP, SUMP OR SANITARY JJ PARCEL LANDFILL 1N DADE COUNTY FLOOD CRITERIA: 5.0 FEET PER PLAT BOOK 120, PAGE 13, EET 2 OF 5. 5- ) NUMBER 01-3219-009-0030_ 13) THE EXPRESS PURPOSE OF THIS PLAT IS TO CLOSE. VACATE AND ABANDON FROM USE THE ENTIRE 10 FOOT UTILITY EASEMENT PLATTED BY BRENTWOOD, PLAT BOOK 40. PAGE 66, AND SHOWN ON REVISED PLAT OF TRACT FOG AND BLOCKS 1. 2. 3. 0. 9. 10. 11, 12 OF BRENTWOOD, PLAT BOOK 44, PACE 6, BO, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNT,. FLORIDA. 18) RECORDED DOCUMENTS ARE PER MIAMI-DADE COUNTY. GRAPHIC SCALE SHEET 1 OF 2 rs [DANCE ELETEPTiell TO MY Of MERU DATUM la inane ew -w10, O. REVISIONS BY OnooeogreHELMODESIGNnszilae-1 Muµ MIAMI-DADE COUNTY, try FLORIDA 33137 CERTIFICATION. I HEREBY CERTIFY: TNAT TNIS SKETAg OF SURVEY;'ETSTNE S7ANDAlt OF Pq CE SET F,05R7Hy TO �EAORTANo M1PIlI`��b�,i ` F. Put reep,,,pS-JNM Pu I i c eoE 4 'R a o 64 ►DRAWN BY. AD SCALE. T FILE. FELM EDUITIE3 ,..CHECKED BY.J.F2u EY DKr.7/15;20ORDER NO.. 67307 BOUNDARY, TOPOGRAPHIC, TREE SURVEY AND TENTATIVE PLAT PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) n X: (954) 5Tz-1n8Tn CERTIFICATE OF AUTHORIZATION 11a,3a,0 TRACT 3 "REVISED PLAT OF TRACT "A" AND BLOCKS 1. 2. 3, 8, 9, 10 11 & 12 OF BRENTWOOD" PLAT BOOK 44, PAGE 6 00,N 455.0 = r0 n N.E. 4 -bE u REET.k�a+ ZONE T4-L PROPOSED TRACT•A• 18,676± SQUARE FEET (0.42874 ACRES) E 29390 N.E. 42ND STREET TRACT 1 NL kWDISK41B0129 TRACT 2 REVISED PLAT OF TRACT "A' AND PLAT POOH 44. PAGE 6 _aaZONE T5-O PROPOSED TRACT •B• 62,304± SQUARE FEET eta, (1.4303± ACRES) ® J4 1.10 LORRE02,SD 2 PLAT BOOK 40. PAGE 66 ff25A8 R-80.00' CA-76°28'01• 7 A=120.11' "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, 8, 9, 10, 11 & 12 OF BRENTWOOD° PLAT BOOK 44, PAGE 6 TRACT A LEGEND I. D-FP R D. CA= A= FPL CB CD VD29 PVC RCP CONCRETE ASPHALT PAVEMENT ELEVATION UNDERGROUND GAS LINE UNDERGROUND WATER LINE UNDERGROUND WATER LINE OVERHEAD WIRE CENTERLINE MONUMENT LINE OFFICIAL RECORDS BOOK TRAVERSE POINT (Foe FIELD INFORM A ID M ONLY) RADIUS CENTRAL ANGLE ARC LENGTH GEODETICFLORIDA POWER LIGHT COWAN, SLAB CHORD BEARING CHORD DISTANCE NATIONAL VERTICAL DATUM OF 1929 POLYMNYL CHLORIDE REINFORCED CONCRETE PIPE sHeeT z of z cnMPLETE mW181 T sHEETs 4 AND � ® HELM DESIGN zzo� asDaD STREET FLORIDA, n3D9EDoouurv. BOUNDARY, TOPOGRAPHIC, TREE SURVEY AND TENTATIVE PLAT PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE. FLORIDA 33351 TELEPHONE (9547 s ave., n7 s - 0' 60' 72-1777 CERTIFICATE AUTHORIZATION e LE308T0 GRAPHIC SCALE DRAWN 13, AC CHECKED er. a.F.P SURVEY �DATE. 7n6/401 ORDER No.•ST307 ttp of 5+Ttamt AT October 5, 2020 4201 NE 2ND AVE LLC ATTN: Ayal Horovits 150 Broadway, Suite 800 New York, NY 10038 ahorovits(Ahelmequities.com Tbb Ono decision maybe appealed tome Planting, Zoning and Appeals Board by any aggrieved party,vmhn fifteen(15) days of the date of posting byeuny awwlnen appeal and appopdateeewit the Hearing BoardsoMbon. located at4145W 2nel Avenue, 3rd Floor, Miami, FL 33130. Telephone number (30p 416-2030. HELM DESIGN - TENTATIVE PLAT #1966 (Formerly #1941 and #1852-A) LOCATED BETWEEN NE 2 AVENUE AND NE 4 AVENUE, AND BETWEEN NE 42 STREET AND NE 43 STREET Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of October 1, 2020, APPROVED the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. 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 a) Item 2 — correct the area b) Item 9 — add zoning classifications c) Opinion of Title - revise legal description to match tentative plat 2. Location sketch — show existing underlying plat information, not the proposed lots/tracts/block. 3. Provide information on the corresponding City Commission Resolution R-15-0423, currently still active until 2/28/2021 and independent from tentative plat expiration. 4. Provide addresses. 5. Remove or update Note 8 to be based on the current Opinion of Title. 6. Provide all recorded documents/instruments listed in the Opinion of Title. 7. All violation must be cleared prior to final plat submittal. 8. Main sketch —use correct line type and annotation for fence. 9. All Dade county annotations must be changed to Miami -Dade County. 10. Note #5 — underground utility; to be modified or deleted, prior to submittal of Subdivision Improvement Engineering plan. I I . Development - Stormwater underground information is incomplete. Existing system along NE 42 St is to be removed, city system is be disconnected from county system. Planning/Zoning 12. Location map - show SAP boundaries. 13. Provide a tree table including height, diameter, spread, common and botanical names, certified by a Certified Arborist. Provide licensed #. 14. Provide separate report by Certified Arborist to Planning. DEPARTMENT OF RESILIENCE & PUBLIC WORKS 444 SW 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 HELM DESIGN - TENTATIVE PLAT #1966 (Formerly #1941 and # 1852-A) October 5, 2021 Page 2 of 4 15. Provide documents for verification that the proposed tract boundary line coincides Transect line. Provide a copy of the Zoning Resolution amending the Zoning transec 16. Provide annotation - Tract B, Zone T5-O. This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved parry, within flkeen(15)days of the date of posting lay flung a wIllten appeal and appropriate fee vtltlt the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. Transportation 17. Development - Coordinate subdivision improvement engineering plans with Office of Capital Improvement project for NE 42 St Opening. Standard Comments for Street and/or- Easement Vacation 18. A letter from the Miami -Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required. 19. Existing utilities located within the street, alley, and easement to be closed and vacated must be relocated or easements provided. 20. 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 Subdivider must repay to the City ("Total Expenditure"). 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 21. Contact RPW Survey section for additional minor comments. 22. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. 23. All encroachments across proposed tract and/or lot lines, including any underground encroachments, must be removed or resolved under all applicable codes prior to final plat submittal. 24. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final plat submittal. 25. 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. 26. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 27. 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 surveyor and his attorney to assure that everything is in order before submitting the final plat package. 28. 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. 29. 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. 30. A letter from Miami -Dade Water and Sewer Department is required to release the final plat in connection with water and sewer service agreements. HELM DESIGN - TENTATIVE PLAT #1966 (Formerly #1941 and # 1852-A) October 5, 2021 Page 3 of 4 In 31. Provide two 8 1//" x 11" sketches of the division of the land; one sketch of the before the plat is recorded and one sketch of the divisions after the plat is recorded. 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 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 of the tentative plat, in an AutoCAD, to the City of Miami Resilience and Public Works Department, Development and Roadway Plans Section 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. This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved parry, within flkeen(15)days of the date of posting lay flung a rrtlarn appeal and appropriate fee vtltlt the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, Santana, Juvenal Digitally signed by Santana, Juvenal Date: 2 02 0.10.07 10:32:18 -04'00' Juvenal Santana, P.E., CFM Supervisor of Plats - Plat and Street Committee Deputy Director - Department of Resilience and Public Works AD/JS/AB/ab Enclosure: Contact Sheet HELM DESIGN - TENTATIVE PLAT #1966 (Formerly #1941 and # 1852-A) October 5, 2021 Page 4 of 4 c: Pulice Land Surveyors, Inc. ATTN: Jane Storms 5381 Nob Hill Road Sunrise, FL 33351 jane(cr�pullicelandsurveryors.com Plat and Street Committee Members Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager Survey Development and Roadway Plans Central This final dedsicn maybe appealed tote Planning. Zoning and\ Appeals Board byarry aggrieved tarry, within flkeen(15)days of the date of posting lay Bung a rrtlarn appeal and appropriate fee vtlth the Hearing Boards Division. Iocatedat444 SW 2nd Avert., 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. Vallejos, Jennifer From: Vallejos, Jennifer Sent: Friday, December 3, 2021 2:22 PM To: Rachel Ross Cc: Pousada, Enrique; Borrego, Jose; Guzman, Arelys Subject: RE: Helm Design #1966-Tolling Request Attachments: 1st written notice.pdf Good afternoon Rachel, ATTACH M This final derision maybe appealed to the Planning. Zoning and Appeals Boatsbyanyaggrievet party, within fifteen (15) days of the date of posnrg by flung a written appeal and apPrepriate fee WO the Hearing Boards Division. located at 444 SW 2nal Avenue, 3N ;bon Mrarm, FL 33130. Telephone number (305) 416-2030. You submitted, on behalf of the owners, the attached written notice of intent to invoke the tolling and extension of the approval of HELM DESIGN Tentative Plat #1966. This is written confirmation that the new expiration date for the Tentative Plat is June 25, 2023. Regards, Jennifer Vallejos Engineer I Survey Section Department of Resilience and Public Works 444 SW 2nd Avenue, 7th Floor, Miami, FL 33130 Phone:305-416-1262 Email: jvallejos@miamigov.com Website: https://www.miamigov.com/Government/Departments-Organizations/Resilience-and-Public-Works From: Pousada, Enrique Sent: Thursday, August 5, 2021 10:09 AM To: Rachel Ross <rachel@pulicelandsurveyors.com> Cc: Vallejos, Jennifer <JVallejos@miamigov.com> Subject: RE: Helm Design #1966-Tolling Request Rachel, received. We will review and respond. Enrique Pousada, P.S.M. Professional Surveyor & Mapper Senior Surveyor — Survey Section City of Miami - Resilience & Public Works Department 444 SW 2nd Avenue, 7th Floor, Miami, FL 33130 (305) 416-1232 — Fax (305) 416-1278 https://www.miamigov.com/Government/Departments-Organizations/Resilience-and-Public-Works From: Rachel Ross <rachel@pulicelandsurveyors.com> Sent: Wednesday, August 4, 2021 10:20 AM To: Santana Jr., Juvenal <jsantana@miamigov.com>; Pousada, Enrique <epousada@miamigov.com> Subject: Helm Design #1966-Tolling Request 1 ttp of 5+Ttamt May 13, 2021 4201 NE 2ND AVE LLC ATTN: Ayal Horovits 150 Broadway, Suite 800 New York, NY 10038 ahorovits@helmequities.com This Anal dedsicn may be appealed to the Planing. Zoning and Appeals&aard by any agy' Ndarry,wbtrnfit.n(]Sld/s of Me date of postingtry AAng a waten appeal ardappWdate lee xtm the Hearing Boards DMsbn. locatedat4445W 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (309 416-2030. RE: HELM DESIGN - TENTATIVE PLAT #1966 (Formerly #1941 and #1852-A) VACATION OF RICHT OF WAY — EXPENDITURES OF FUNDS/RESTRICTED FUNDS CONFIRMATION ("CONFIRMATION") Ladies/Gentlemen, Pursuant to the provisions of City of Miami Code Section 55-15(a), as amended, the City of Miami Department of Resilience and Public Works has researched for any City projects involving the right of way to be closed and vacated by the subject plat. This department hereby confines, based on our records, that the City has not expended any funds within the prior fifty (50) years and/or any restricted funds on improvements on the right of way proposed to be vacated and closed. if you have any questions concerning this determination, please contact Abraham Bachtiar, P.E., Professional Engineer - ITT, at 305-416-1759. Sincerely, Santana Juvenal Digitally signed by Santana, Juvenal 3 Date: 2021.05.13 18:05:30 -04'00' Juvenal Santana, P.E., CFM Supervisor of Plats - Plat and Street Committee Director — Public Works Department of Resilience and Public Works JS/AB/ab c: Pulice Land Surveyors, Inc. Javier E. Fernandez, Esq. ATTN: Jane Storms Sanchez -Medina, Gonzalez, Queseda, Lage, Gomez & 5381 Nob Hill Road Machado LLP Sunrise, FL 33351 jfernandez@smgglaw.com jane@pullicelandsurveryors.com Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager Alan M. Dodd, P.E., Director of Resilience and Public Works/CRO Robin Jones -Jackson, Division Chief of Complex Transactions Erica Paschal -Darling, CPA., Director — Finance Leon Michel, Assistant Director — Office of Management and Budget Hector Badia, interim Director — Office of Capital Improvements Survey Development and Roadway Plans Central DEPARTMENT OF RESILIENCE & PUBLIC WORKS 444 SW 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 City of Miami ATT April 4, 2023 4201 NE 2ND AVE LLC ATTN: Ayal Horovits 150 Broadway, Suite 800 New York, NY 10038 ahorovits@helmequities.com RE: HELM DESIGN - TENTATIVE PLAT #1966 (FORMERLY #1941 AND #1852-A) VACATION OF RIGHT OF WAY— EXPENDITURES OF FUNDS/RESTRICTED FUNDS CONFIRMATION ("CONFIRMATION") Ladies/Gentlemen, This final decision may be appear to the Planning. Zoning and \ Appeals Board try a party,,tinfifteen (15)daysofthe date of posltrg lay Bung awaten appeal ancl appropriate fee with the Fearing Boards Dbssion. Iocatedat444 SW 2rd Avert., 3rd Floor, Miami. FL 33130. Telephone number (30A 416-2030. Pursuant to the provisions of City of Miami Code Section 55-15(a), as amended, the City of Miami Office of Capital Improvements (OCI) has researched its records to determine if any capital improvement projects previously designed and constructed are affected by the vacating of the easement indicated on the proposed Plat. Based on OCI's records, we do not have any projects within the prior 50 years having been designed/constructed for this proposed vacated area nor do we have any records of a project(s) impacted using City of Miami restricted funds. If you have any questions concerning this determination, please contact me at 305-416-1280. Sincerely, Hector Badia Assistant Director Office of Capital Improvements HB/hb c: Digitally signed by Badia, Hector Date: 2023.04.04 12:00:54 -04'00' Pulice Land Surveyors, Inc ATTN: Jane Storms. 5381 Nob Hill Road Sunrise, FL 33351 lane@pullicelandsurveryors.com Javier E. Fernandez, Esq. Sanchez -Medina, Gonzalez, Queseda, Lage, Gomez & Machado LLP ifernandez@smgglaw.com Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager Juvenal Santana, Director of Resilience and Public Works Erica Paschal -Darling, CPA., Director — Finance Leon Michel, Assistant Director — Office of Management and Budget OFFICE OF CAPITAL IMPROVEMENTS 444 S.W. 2ND Avenue, 8' Floor / Miami, FL 33130 / Office: (305) 416-1213 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708, Miami, FL 33233-0708 AERIAL EPLAN ID: PZ-22-14464 VACATION CLOSURE ADDRESS: 220 NE 43 ST 0 125 250 500 Feet This final (sledsan maybe appealed to the planning, zoning and Appeals Board), any aggrieved parry, within fifteen (15)days of Me date of posing by tiling awritten appear and appropdam fee with the Hearing Boards Division Ms.& at 444 SW znd Avenue, 3rd Roof Mar, FL 33130. Telephone rumber (305) 416-2030. MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-22-14464 VACATION CLOSURE ADDRESS: 220 NE 43 ST 0 125 250 500 Feet This foal decision maybe appealed to the Planning, zoning and Appeals Boardby any aggrieved parry, within fifteen (]S) days of the date of posing by flung awritten appeal and appropriatefee with the Hearing Boards D'llsbn, located al444 SW 2nd Avenue, 3rd Floor Miami, FL 33130. Telephone number(306) 416-2030.