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HomeMy WebLinkAboutR-77-006210 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 MEA 7/6/76 RESOLUTION NO. 77-62 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF N.W. 33Rb AVENUE FROM THE NORTH RIGHT-OF-WAY LINE OF N.W. 13TH TERRACE, NORTHERLY TO COMFORT CANAL, IN CONJUNCTION WITH TENTATIVE PLAT NO. 961 - "YVETTE SUB" WHEREAS, the Miami Zoning Board, at its meeting of June 21, 1976, Item No. 2, following an advertised hearing, adopted Resolution No. ZB 115-76 by a 4 to 2 vote (2 members absent), recommending the official vacation and closure of N.W. 33rd Avenue from the north right-of-way line of N.W. 13th Terrace, northerly to Comfort Canal, in conjunction with Tentative Plat No. 961 - "YVETTE SUB"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. N.W. 33rd Avenue from the north right- of-way line of N.W. 13th Terrace, northerly to Comfort Canal, in conjunction with Tentative Plat No. 961 - "YVETTE SUB", be and the same is hereby closed, vacated, abandoned and dis- continued for public use. PASSED AND ADOPTED this 26th day of January, 1977. ITY v ER PTZEPARED AND APPROVED BY: MICHEL E. ANDERSON ASSISTANT CITY ATTORNEY FRANK H. WESTON ACTING CITY ATTORNEY MAURICE A. FERRE MAYOR "DOCUMENT INDEX ft ITEM NO. CITY COMMISSION MEETING OF JAN : 6 1977 RESOLUTION NO EYARKS; ....... OCA ION/LEGAL OWNER/APPLICANT DEVELOPER ZONING REQUEST EXPLANATION RECOMMENDATIONS -PLAT & STREET COMMITTEE ZONING FACT SHEET Approximately NW 33rd Avenue and NW 13th terrace Lots E, F, G, H and J of Comfort Gardens 1st Addition 7-40 and that portion of NW 33rd Avenue into Tracts "A" and "B" entitled "Yvette Sub" TP 761. Nestor Gonzalez - 4/22/76 Nestor Gonzalez R -2 Two Family Dwelling Vacation and Closure of unimproved right-of-way known as NW 33rd Avenue from the north right-of-way line of NW 13th Terrace, northerly to the Comfort Canal. Closure of that portion of fifty (50) foot unimproved right- of-way known as NW 33rd Avenue extending south from Comfort Canal approximately one hundred and twenty-one (121) feet intersecting with NW 13th Terrace and shown on Tentative Plat #961 entitled Yvette Subdivision. The closure represents six thousand and fifty (6050) square feet of land area; however, since the applicant was required to dedicate property for street right-of-way and easement purposes totalling fifty four hundred and forty (5440) square feet, the net addition to the applicant's property resulting from the replat amounts to approximately six hundred and ten (610) square feet. This addition and the replatting of lots E, F, Gand H into new Tract A comprises 25, 860 square feet of lot area permitting the applicant to file an application for eight dwellings of a planned unit nature. The applicant's property originally consisted of 27, 000 square feet prior to the acqui- sition of portions of Lots E and F for State Road 836 (East- West Expressway). Planning Departrnent staff has discussed the use of the property resulting from the closure request with the applicant and have been informed that its intended use would be for parking and open space purposes. The attached illustration depicts the property location. The Plat and Street Committee at their meeting 4-28-76 approved the tentative plat (TP #961) subject to vacation and closure of that portion of NW 33rd Avenue right-of-way. The Committee found no basis for the retention of the right- of-way. r -PLANNING DEPARTMENT 'ZONING BOARD COMMUNITY REACTION -PARK DEVELOPMENT REPORT -CITY MMISSION -PLAT 3 STREET COMMITTEE APPttovAL: The retention of undeveloped public right&of• way would serve no public purpose since it provides no access beyond the applicant's property. The replatting of eXisting lots providing for a forty (40) foot cul-de-sac at the intersection of NW 13th Terrace and 33rd Avenue super- sedes the need for the right-of-way by providing access in a more resourceful mariner. The closure will enable the applicant to develop his land in a more meaningful arrange- ment while returning the land to the tax rolls. Resolution #ZB 76-115, 6/21/76 Recommended approving the closure to the City Commission by a 4-2 vote (2 absent). Four (4) objectors present at the Zoning Board hearing cited the following reasons for retaining the right-of-way: Traffic congestion generated by the applicant's development Need for a neighborhood park Creation of a bridge to connect NW 14th Street No written objections were received. The Departments of Parks and Recreation and Planning have evaluated the use of the subject property for park development and find that the development of a park at this location is not justified. This recommendation is based upon the proximity of park facilities at nearby Grapeland Heights Community Park (NW 37th Avenue and 14th Street) and the anticipated capital costs required to develop and maintain the site for a park. Capital expenditures for park development have been calculated from $8800 to $20, 500 depending on the facilities. In addition annual operating cost to maintain a facility at this location would cost between $7500 and $9000. Deferral for Commission site inspection 7-26-76. Deferred action on 10-27-76, until a revised plat was prepared that would establish proposed cul-de-sac north of its original location to permit use of triangular parcel at the terminus of NW 13th Terrace by abutting property owners. Recommended approval on 12-22-76 of a revised tentative plat #961A "YVETTE SUB -DIVISION, " subject to the vacation of NW 33rd Avenue and the inclusion of a new Tract "C", remnant parcel at the western terminus of NW 13th Terrace and 33rd A venue. PRnPOSEb 40' Ct)L• •s• SAG Py' PL&r Tip 96/ "YVETTE 5ZSD/ 5/OM" att. �a�- .T t s6t..fe.12 W44041=14 TRACT 1 - ry X%4T►NG P¢►VA" E ►R,PE1t'CY '(fib D tatoCATILO N.W. /3 TERRACE Gb • F ',.T c- - r.>I► l- EXISTIw6 RIGHT' OF WAY To OE„ Ct.osEc7 M \ ToikeT c. TP 9G / A oierxto4LbAois wre "yvirro 516D/V/6I0N i Oft 20 wre t sirme sorb o Teti' I 60 i N.W. /3 TERRACE IMMO CITY OF MIAMI PLANNING DEPARTMENT NORTH 11 Honorable City Cottttttita iOn Attention: Mr. Joseph R. Grata + City of Miami, Florida Gentlemen: The Miami Zoning Board, at its meeting of June 21, 1976, Item 42, following an advertised Hearing, adopted Resolution No. ZB 115-76 by a 4 to 2 vote (2 members absent) RECOMMENDING the official vacation and closure of N. W. 33rd Avenue from the north right-of-way line of N. W. 13th Terrace, northerly to Comfort Canal, in conjunction with Tentative Plat 4961 - "YVETTE SUB". No objections were received in the mail: four objectors were present. A RESOLUTION to provide for this closure has been prepared by the City Attorney's office and submitted for consideration of the City Commission. ret flariba l Leber 13, 1976 STREET CLOSURE - RECOMM NOD N. W. 33rd Avenue & N. W. 13th Terrace, Tentative Plat 4961 - "YVETTE SUB" Applicant: Nestor Gonzalez Sincerely, Rober 'CA Davis, Director Department of Administration Planning and Zoning Boards Z.M. 26 Attached: Minutes cc: Law Department Planning Department NOTE: Planning Department recommendation: APPROVAL. Tentative City Commission date: October 27, 1976.