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HomeMy WebLinkAboutAnalysis and MapsCity of Miami Planning Department ANALYSIS FOR VACATION CLOSURE Staff Analysis Report No. PZ-24-18743 Property Addresses 2000 Northwest 3 Avenue. Folio Numbers 0131250630020 Miami 21 Zoning Code "T5-O," Urban Center Transect Zone -Open MCNP Designation Medium Density Restricted Commercial City Commissioner District District 5, Commissioner Christine King Commissioner District Office Overtown Planner Claudia Diaz, Planner II; ;,Idiaza,miamigov.com Property Owner Miami Dade County Public Housing and Community Development. Project Representative Marissa Neufeld, Esq. neufeldma_Qtlaw.com A. REQUEST Pursuant to Chapter 55, Section 55-15(c) of the City of Miami Code of Ordinances (the "City Code"), as amended, Marissa A. Neufeld, Esquire, on behalf of Miami Dade County Public Housing and Community Development, (the "Applicant") and RGC Phase I, LLC, a Florida Limited Company (the "Developer") requests to close, vacate, abandon, and discontinue from public use of a twenty five foot (25') Utility Easement located centrally on the property, extending in a north -south direction. It spans the entire length of the property along Northwest Twenty (20) Street generally located at Northwest Fourth (4) court and the Property is generally located at 2000 Northwest Third (3) Avenue, Miami, Florida (the "Property"). B. RECOMMENDATION Pursuant to Chapter 55, Section 55-15(c) of the City of Miami Code of Ordinances, as amended, the City of Miami Plat and Street Committee and Planning Department recommends Approval with Conditions of the requested closure, vacation, abandonment and discontinued from public use of a Utility Easement (the "Easement") based on the facts and findings in this staff report. Staff Analysis Report No. (PZ-24-18743: 2000 NW 3 AV -Vacation Closure) — Page 1 of 9 The Property The Property is generally bound by the following Thoroughfares: Northwest Twenty- two (22) Street, Northwest Third (3) Avenue, Northwest Twenty (20) Street, and Northwest Fourth (4) Court (refer to Figure 1). mom woo �. ___ III swim um INzy01 1111 7 Figure 1 Aerial view of the Right -of -Way Its gross area is approximately 159,633 square feet or 3.66 acres. LEFT INTENTINALLY BLANK Staff Analysis Report No. (PZ-24-18743: 2000 NW 3 AV -Vacation Closure) — Page 2 of 9 Surrounding Uses Miami 21 MCNP / Density Existing Use North "T6-8-O," Urban Core Transect Zone — Open and Mana Wynwood SAP, "General Commercial" 150 DU/Acre Institutional South "T3-R," Sub Urban Transect Zone — Restricted, SEOPW Community Redevelopment Plan "Medium Density Multifamily Residential" 65 DU/Acre Sales and Services East "T4-L," General Urban Transect Zone — Limited;"T5-O" Urban Center Transect — Zone — Open, SEOPW Community Redevelopment Plan "Medium Density Restricted Commercial" 65 DU/Acre "General Commercial" 150 DU/Acre Residential West "T4-L," General Urban Transect Zone — Limited; "T5-O," Urban Center Transect — Zone — Open, SEOPW Community Redevelopment Plan "Medium Density Restricted Commercial" 65 DU/Acre; "General Commercial" 150 DU/Acre Institutional C. BACKGROUND The Property's Miami 21 Code's Transect Zones The Property consists of the MCNP with future Land Use designations of "Medium Density Restricted Commercial" and is designated as "T5-O," Urban Center Transect Zone -Open. On October 10, 2025, the Applicant applied for PZ-24-18643, a Declaration of Restrictive Covenant for Affordable and Attainable Mixed -Income Housing. The Property also has a previously recorded covenant on May 14, 2024, under PZ-23-15906 for the same type of housing at 2000 Northwest Third (3) Avenue. Additionally, on February 14, 2024, another covenant was recorded under PZ-23-16437 for a Covenant in Lieu of Unity of Title at the same location. There is also an inactive rezoning application, PZ-23-16014, for 2000 Northwest Third (3) Avenue. Dimensions and Area of the Easement Per the Tentative Plat, the area of the Easement is 407.62' x 25'. It is 9,878 square feet (0.23 Acres). Staff Analysis Report No. (PZ-24-18743: 2000 NW 3 AV -Vacation Closure) — Page 3 of 9 Survey V-2, indicates the Easement as twenty-five feet (25'-0") wide, an area of 9,878 square feet or 0.2268 acres, referred to Figure 3. pppp""k,0 aaTI IEpaDe P fJ 86i7 ACRES) PLS Figure 2 The Applicant's approved Tentative Plat with Easement: red rectangular Outline Development Proposal The Property is located within the "T5-O," Urban Center Transect Zone -Open. However, the Easement primarily serves the Property. The Vacation and Closure of the Replating of the Property Pursuant to Chapter 55, Section 55-15 of the City Code, the Applicant is replating the Property with the intent to vacate the Easement located at the middle of the Property. D. ANALYSIS Pursuant to Chapter 55, Section 55-15(c) of the City Code, "In addition to review for technical compliance, the plat and street committee shall also consider the request for vacation and closure with respect to the following: Staff Analysis Report No. (PZ-24-18743: 2000 NW 3 AV -Vacation Closure) — Page 4 of 9 Criteria 1: Is it in the public interest, or would the general public benefit from the vacation of the rights- of -way or easement? Finding 1: There will be no adverse impacts on the general public like the Easement, and the utility facilities in the easement area no longer serve any need and will be relocated. The existing residential facilities currently served by the utilities in the easement are slated for demolition. Furthermore, the vacation and closure of the easement will facilitate the redevelopment of the Property with an affordable housing project, pursuant to the requirements contained in the City's Zoning Code, Miami 21. 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? Finding 2: The general public never used the easement, as it was limited to public utilities. Emergency service vehicles also never used the easement, as it was not a vehicular access or emergency access easement. As part of the redevelopment of the Property, accommodations for utilities and public service vehicles will be provided. Criteria 3: Would there be no adverse effect on the ability to provide police, fire, or emergency services? Finding 3: As part of the redevelopment, considerations for police, fire -rescue, and emergency services will be made and will improve the existing conditions. The Property is located adjacent to the public right-of-way of Northwest Third (3) Avenue and Northwest Twentieth (20) Street, which will provide efficient access for emergency services. In addition, the proposed redevelopment includes an internal roadway that will provide enhanced vehicular access and circulation. 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? Finding 4: Code -compliant subdivision improvements will be required in connection with this replat, which will have beneficial effects on both pedestrian and vehicular circulation. Additionally, the Vacation and Closure of the Easement will facilitate the thoughtful redevelopment of the Property, pursuant to the requirements contained in the City's Zoning Code, Miami 21. The proposed affordable housing project includes the creation of a pedestrian -only thoroughfare, increased hardscape and landscape improvements, and an additional internal road for enhanced vehicular circulation. The easement's relocation will not impact on the public, will support affordable housing redevelopment, improve emergency services access, and enhance pedestrian and vehicular circulation with code -compliant improvements. Staff Analysis Report No. (PZ-24-18743: 2000 NW 3 AV -Vacation Closure) — Page 5 of 9 Miami 21 Code and the MCNP Criteria 1: The proposed vacating and closing of the Easement were found to be consistent with Article 2, Section 2.1.2(b)(3.) of the Miami 21 Code: Analysis 1: The closure of the Easement can significantly impact private development. Without the Easement, developers may face fewer restrictions on where they can build, allowing for more flexibility in design and construction. This can lead to increased infrastructure capacity as developers can optimize the use of available land. Additionally, the absence of Easements can enhance the aesthetic and functional quality of the public realm, making it more pedestrian - friendly and visually appealing. This aligns with the goal of creating high -quality, pedestrian -oriented spaces. Article 8 of Miami 21 provides guidelines for the development of Thoroughfares in Miami, supplementing the City's Manual of Engineering Standards for Design and Construction. These guidelines ensure adherence to the latest engineering standards for safety and functionality, prioritize the Manual's standards in case of conflicts, contribute to cohesive urban environments that support pedestrian and vehicular activities, offer a framework for evolving Thoroughfares to meet new urban demands, and include provisions for safe and accessible public spaces. Future development will need to be consistent with these guidelines to support Miami's goals for sustainable growth and improved infrastructure. Finding 1: Complies. Criteria 2: Pursuant to Article 2, Extension 2.1.3.2 of the Miami 21 Code. The proposed Vacation Closure of the Easement for Rainbow Tentative Plat #2062-A aligns with the Miami 21 Code's goals by preserving neighborhoods, historical resources, and the natural environment, improving transitions between residential and commercial areas, increasing access to natural spaces, conserving energy, and encouraging green buildings. It supports future growth in the city core, redevelops commercial corridors into mixed -use centers, enhances infrastructure capacity, and ensures orderly growth. Additionally, it retains the city's natural character, encourages infill and redevelopment, focuses growth at transit nodes, coordinates transportation with land use, develops green corridors, provides alternatives to automobile use, distributes diverse land uses, and expands transit opportunities, all Staff Analysis Report No. (PZ-24-18743: 2000 NW 3 AV -Vacation Closure) — Page 6 of 9 contributing to a balanced and sustainable urban environment. Finding 2: Complies Criteria 3: Pursuant to Article 2, Section 2.1.3.3(b.) of the Miami 21 Code: Analysis 3: The request for the development should adequately accommodate vehicles while respecting pedestrians and the spatial form of public space. This balance ensures that transportation needs are met without compromising the safety, accessibility, and aesthetic quality of the public environment. This ensures that the redevelopment process will both enhance public space and improve circulation without negatively impacting the overall transportation network, aligning with both the MCNP and Miami 21 objectives. Finding 2: Complies E. FINDINGS • The Property is located within the "T5-O," Urban Center Transect Zone — Open. • The Property has the "Medium Density Restricted Commercial" Future Land Use designation. • The Property is bound by Northwest Twenty (20) Street to the South, Northwest Third (3) Avenue to the East. • Per the T Plat, the property line to the north measures 746.86 feet, while the property line to the east measures 709.72 feet. Transitioning to the south, the property line measures 588.29 feet. Moving to the west, the property line is divided into five segments: the first segment from the south measures 382.63 feet, the next segment measures 290.49 feet going east, the third segment measures 207.02 feet going north, the fourth segment measures 139.91 feet to the west, and the fifth segment measures 35.24 feet to the north. Finally, the curve, with an arc length (A) of 63.08 feet. • On October 11, 2024, the Plat and Street Committee reviewed and approved the Rainbow — Tentative Plat #2062-A. • Pursuant Chapter 55, Section 55-15(a) of the City Code, as amended, the Department of Resilience and Public Works and Office of Capital Improvements confirmed, 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 on the Utility Easement proposed to be Vacated and Closed, see Attachment 6. • The Planning Department reviewed the request pursuant to Miami 21 Code and the Miami Comprehensive Neighborhood Plan. Staff Analysis Report No. (PZ-24-18743: 2000 NW 3 AV -Vacation Closure) — Page 7 of 9 F. CONCLUSION Pursuant to Chapter 55, Section 55-15(a) of the City of Miami Code of Ordinances, as amended, the City of Miami Plat and Street Committee and Planning Department recommends Approval with Conditions of the requested closure, vacation, abandonment and discontinued from public use of an Easement based on the facts and findings in this staff report. CONDITIONS 1. The vacation and closure of the Easement shall be developed in accordance with the "Rainbow - Tentative Plat #2062-A", consisting of three (3) sheets, digitally signed and sealed by John F. Pulice, Professional Surveyor and Mapper, LS No. 2691, State of Florida, with a Survey Date of February 12, 2025. 2. The Applicant or their successor shall comply with all conditions and/or comments in the letter drafted and signed by Juvenal Santana, P.E., CFM, Supervisor of Plats - Plat and Street Committee, Department of Resilience, Public Works, Development and Roadway Plans, Planning and Zoning, and standard comments, on January 15, 2025, for the Tentative Plat # 2061-A located along the Northwest corner of Northwest and Northwest 20 Street. 3. Pursuant to Chapter 55 of the City Code, the Applicant shall obtain and submit the Total Expenditure prior to the scheduling of a public hearing before the City Commission. Payment to the City of the amount indicated on the Total Expenditure shall be paid to the City before recordation of the Final Plat. 4. The Applicant, owner, or successor shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations. 5. The Applicant, owner, or their successor shall provide an access plan for review and acceptance by the City's Fire -Rescue, Police, Solid Waste Departments, and the Capital Improvements Program/Office Transportation. 6. Pursuant to Article 8 of the Miami 21 Code, the Applicant, owner, or their successor must ensure that all future development follows these rules to support Miami's goals for growth and better infrastructure. 7. A building permit, including phased permits, shall 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. Staff Analysis Report No. (PZ-24-18743: 2000 NW 3 AV -Vacation Closure) — Page 8 of 9 8. Approval of the requested vacation and closure shall be valid for a period of four (4) years and shall remain independent of the referenced tentative plat during this period, pursuant to Section 55-15 of the City of Miami Code of Ordinances, as amended. 9. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 10. The City reserves the right to inspect the site to ensure compliance with the conditions listed. r!r��DocuSignedd by: 00a/tli, J tn,6W l 77D 14&4&C 49 .. David Snow Planning Director DocuSigned by: r 144 70 2C63499... Graham Jones Assistant Planning Director DocuSigned by: %2•D$F6)836,SA492... Claudia Diaz, M. Arch, CNU-A Planner II Attachments: Attachment 1:Current Plats Attachment 2: Rainbow - Tentative Plat #2061-A" Attachment 3:City of Miami, Letter dated January 15, 2025. Attachment 4: Miami Dade County Plat Committee Approval Attachment 5: Memorandum of Ground Lease with Miami Dade County Attachment 6: Expenditures of funds/restricted funds confirmation Staff Analysis Report No. (PZ-24-18743: 2000 NW 3 AV -Vacation Closure) — Page 9 of 9 FUTURE LAND USE MAP (EXISTING) EPLAN ID: PZ-24-18743 VACATION/CLOSURE ADDRESS(ES): 2000 NW 3 AV 0 125 250 1 1- U Lo H NW-2-1 STTER 500 Feet 1 1 U 2 z General Commercial Public Parks and Recreation NW 20TH ST— Medium NW 22ND TER Density Restricted Commercial NW-22ND ST NW 21ST ST NW 20TH TER o r w 2 z z Medium Density NW 19TH LN Multifamily Residential U b Z NW 19TH TER J NW 2ND CT' s MP Pm MINIP MNMIMIMII MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-24-18743 VACATION/CLOSURE ADDRESS(ES): 2000 NW 3 AV 0 125 250 500 Feet I 1 Clj T5-O NW 20TH ST w 2 z z NW 11,TH LN T1I6-8A-O NW'22NB TER