HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoANALYSIS FOR
UTILITY EASEMENT CLOSURE
File ID# 15-00904ec
REQUEST: Pursuant to Section 55-15 (c) of the Miami City Code, the applicant proposes the closing,
vacating, abandoning, and discontinuing for use a 10 -foot wide utility easement.
PROJECT ADDRESS: A portion of 220 NE 43rd Street FOLIO#: 01-3219-009-0070
APPLICANT: Javier E. Fernandez, Esquire on behalf of the property owner, 4201 NE 2nd Ave LLC.
COMMISSION DISTRICT: District 5 - Keon Hardemon
ZONING DESIGNATION: T4 -L and T5-0 NET OFFICE: Wynwood/Edgewater
GENERAL INFORMATION:
REQUEST: Pursuant to Section 55, Section 55-15(c), of the City Code of Ordinances, the applicant
requests the vacation and closure of a 10 -foot wide, platted utility easement.
BACKGROUND:
On March 12, 2015, this property was incorporated within the boundaries of the Miami Design District
Retail Street Special Area Plan (Ordinance Number 13505). This area is addressed as Block 5 East of
the Miami Design District Retail Street SAP. The purpose of the request to vacate and close the platted
utility easement will facilitate redevelopment of the property consistent with the development order.
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As depicted above, the utility easement is located within the property know as 220 NE 43rd Street and
travels through the property in an east -west orientation. The utility easement is 10 feet in width and
contains approximately 3,585 square feet of land, of the 1.86 acre site.
City of Miami
Planning and Zoning Department
The property is generally bounded by NE 43rd Street to the north, NE 42nd Street to the south, NE 4th
Avenue to the East, and NE 2nd Avenue to the West. The complete legal description of the lot is on file
with the Hearing Boards Section.
ANALYSIS:
The following is an evaluation of the request pursuant to Section 55-15(c) of the City Code of
Ordinances which provides that in addition to technical requirements for vacation and closures, that the
Street and Plat Committee review four (4) public interest findings related to vacation and closures.
Public Interest finding: Is it in the public interest, or would the general public benefit from the
vacation of the rights -of -ways or easements?
Street and Plat Committee Response: The easement is for utilities and is not open to the general
public or vehicular traffic. The vacation and closure of the 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. The ground level of the
proposed project includes amenities available to the general public.
2. Public Interest Finding: Is the general public no longer using the rights-of-way or easement,
including public service vehicles such as trash and garbage truck, police, fire or other emergency
vehicles?
Street and Plat Committee Response: The easement is not open to pedestrian or vehicular access.
The general public, police, fire -rescue and service vehicles do not use the easement.
3. Public Interest Finding 3: Would there be no adverse effect on the ability to provide police, fire or
emergency services?
Street and Plat Committee Response: There would be no adverse effect on the ability to provide
emergency and service vehicle access to the adjacent property or the surrounding neighborhood.
4. Public Interest Finding: Would the vacation and closure of the rights-of-way or easements have a
beneficial effect on pedestrian and vehicular circulation in the area?
Street and Plat Committee Response: The public streets abutting the plat will be improved with
new sidewalks and pavement enhancing access to the property while improving pedestrian and
vehicular circulation in the neighborhood.
The Plat and Street Committee members voted to recommend approval, 5 in favor and 0 in denial, of
this easement closure request.
CONCLUSION:
The proposed utility easement closure is consistent with the goals, objectives, and policies of the Miami
Comprehensive Neighborhood Plan (MCNP). This closure will facilitate cohesive development, economic
growth, and revitalization, as the proposed development on this block is within the Miami Design District
Retail Street SAP. Specifically, MCNP Policy LU -1.3.15 states that the City will continue to encourage a
File Id # 15-00904ec
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City of Miami
Planning and Zoning Department
development pattern that enhances existing neighborhoods by developing a balanced mix of uses
including areas for employment, shopping, housing, and recreation in close proximity to each other.
Based on the Street and Plat Committee findings and the discussion above, the Planning and Zoning
Department recommends the Approval of the request subject to the following conditions:
1. A building permit, including phased permits, will not be issued on the property being platted until
the final plat is recorded or as authorized by the City of Miami Code Section 55-10(i).
2. A Certificate of Occupancy shall only be issued after all the required subdivision improvements
have been completed.
3. Per Miami 21, Appendix F, "Miami Design District Retail Street SAP", Section 5.5.1(c), In lieu of
provided a cross -Block Pedestrian passage for Block 5 East, any Building or Structure
constructed thereon shall, at a minimum, incorporate a Cantilever, Arcade or Gallery along NE
2"d Avenue Frontage from Block 5 East, cantilevered Awnings and entry canopies shall be liberally
used as part of the Building design along said Frontage, subject to the limitation set forth in
Section 5.5.2 of the Miami Design District Retail SAP, and in combination with street trees to
ensure that pedestrians are adequately protected from the elements.
4. The applicant or their successor shall meet development standards identified in the Miami Design
District Retail Street Special Area Plan and all applicable local, state and federal regulations.
5. The Applicant or their successor shall comply with the conditions of approval stated for the Helm
Design, Tentative Plat #1852, in a letter dated November 12, 2014 from the Department of Public
Works.
Christopher Brimo, AICP
Chief of Land Development
Jacqueline Ellis
Planner II
July 17, 2015
File Id # 15-00904ec
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City of Miami
Planning and Zoning Department
File Id # 15-00904ec
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0 150 300 600 Feet ADDRESS: 15-00904ec FROM NE 2 AV TO NE 4 AV
I I I I I I I I I BETWEEN NE 42 ST AND NE 43 ST
150 300 600 Feet ADDRESS: 15-00904ec FROM NE 2 AV TO NE 4 AV
I I I I I BETWEEN NE 42 ST AND NE 43 ST
File ID 15-00904ec July 30, 2015 Item PZAB.1
Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING,
ABANDONING AND DISCONTINUING FOR PUBLIC USE A PLATTED UTILITY EASEMENT APPROXIMATELY
LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE AND BETWEEN
NORTHEAST 42ND STREET AND NORTHEAST 43RD STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN
EXHIBIT A, HEREBY ATTACHED.
Upon being seconded by Mr. David Young, the motion passed and was adopted by a vote of
7-0:
Ms. Jennifer Ocana Barnes
Mr. Chris Collins
Ms. Maria Lievano-Cruz
Mr. Charles A. Garavaglia
Mr. Charles A. Gibson
Ms. Maria Beatriz Gutierrez
Dr. Ernest Martin
Mr. Daniel Milian
Mr. Juvenal Pint
Ms. Melody L. Torrens
Mr. Manuel J. Vadillo
Mr. David H. Young
Fra�ciscd'Garcia, Director
Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Yes
Absent
Absent
Yes
Absent
Yes
Yes
Absent
Absent
Yes
Yes
Yes
Execution ate
Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
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SWORN AND SUBSCRIBED BEFORE ME THIS 9�'DAY OF (✓t Pi(G,r , 2015.
Vau' S6 -p,
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Print Notary Name Notary Public State of Florida
Personally know K or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
My Commission Expires:
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MY COMMISSION # FF LnW
EXPIRES: JUIy 11, 2019
Bolded Thor Notary P0* UndJ
Exhibit "A"
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
�$ 5381 NOB HILL ROAD +SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777•FAX: (954) 572-1778
E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870
LEGAL DESCRIPTION:
ALL OF THE 10.00 FOOT WIDE UTILITY
EASEMENT, BEING A PORTION OF LOT 5, BLOCK 2, OF
"BRENTWOOD", ACCORDING
TO THE
PLAT THEREOF AS RECORDED
IN PLAT BOOK 40, PAGE 66,
OF THE PUBLIC RECORDS
OF MIAMI—DADE
COUNTY, FLORIDA AND
A PORTION OF 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, OF SAID PUBLIC
RECORDS OF MIAMI—DADE
COUNTY,
FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 13`56'59" WEST ALONG
THE EAST LINE OF SAID LOT 5, ALSO BEING THE WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE
5.14 FEET; THENCE NORTH 89`35'00" WEST ALONG A LINE LYING 5.00 FEET SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION 357.26 FEET TO
A POINT ON THE WEST LINE OF SAID TRACT 2, ALSO BEING THE EAST RIGHT—OF—WAY LINE OF
NE 2nd AVENUE; THENCE NORTH 00°00'00" WEST ALONG SAID WEST LINE AND SAID EAST
RIGHT—OF—WAY LINE 10.00 FEET; THENCE SOUTH 89°35'00" EAST ALONG A LINE LYING 5.00
FEET NORTH OF AND PARALLEL WITH THE AFOREMENTIONED NORTH LINE OF LOT 5 AND ITS
WESTERLY EXTENSION 359.74 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 2, ALSO
BEING THE SAID WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE; THENCE SOUTH 13°56'59" WEST
ALONG SAID EAST LINE AND SAID WEST RIGHT—OF—WAY LINE 5.14 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA,
AND CONTAINING 3,585 SQUARE FEET MORE OR LESS.
FILE: HELM EQUITIES
SCALE: N/A I DRAWN: L.S.
ORDER NO.: 59130
DATE: 5/27/15
10' UTILITY EASEMENT VACATION
MIAMI, MIAMI-DADE COUNTY, FLORIDA
FOR: HELM DESIGN
SHEET 1 OF 2 THIS DOCUMFNT IS NEITHER FULL NOR
COMPL=TE WITHOUT SHEETS 1 AND 2
JOHN F. PJ IC FrROFESSI()NAL SURVEYOR AND MAPPER LS2691
❑ BETH BLONS, PROFESSIONAL SURVEYOR AND MAPPER LS6136
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
�.$ 5381 NOB HILL ROAD �$
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777•FAX: (954) 572-1778
E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870
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NE 43rd STREET
TRACT 2
"REVISED PLAT OF TRACT "A" AND BLOCKS
1, 2, 3, 8p 9AT10
BOOK 12POF BRENTWOOD"
44,
S89035'00"E 359.74'
NE 42nd STREET
POINT OF
BEGINNING
NE CORNER LOT 5
NOTES:
1) BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF NE 4th AVENUE, BEING
ASSUMED S13°56'59"W.
2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY.
3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
im,
FILE: HELM EQUITIES SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR
SCALE: 1"=60' DRAWN: L.S. COMPLETE WITHOUT SHEETS 1 AND 2
ORDER NO.: 59130
DATE: 5/27/15
10' UTILITY EASEMENT VACATION
MIAMI, MIAMI-DADE COUNTY, FLORIDA
FOR: HELM DESIGN