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HomeMy WebLinkAboutAnalysis & MapsANALYSIS FOR STREET CLOSURE File ID# 1920 REQUEST: Pursuant to Section 55-15 (c) of the Miami City Code, the applicant proposes the closing, vacating, abandoning, and discontinuing for public use a portion of a public alley. PROJECT ADDRESS: A portion of an alley located along the east side of NE 4 Avenue, between NE 30 Terrace and NE 31 Street, of approximately .044 acres (1,949 square feet) of land. APPLICANT: Village Foundation, Inc. COMMISSION DISTRICT: District 2 FOLIO#: not applicable ZONING DESIGNATION: T6 -36A -L NET OFFICE: Wynwood/Edgewater GENERAL INFORMATION: REQUEST: Pursuant to Section 55-15(c), of the City Code of Ordinances, the applicant requests the vacation, closure, and discontinuing the use of a public alley. As depicted below, the proposed alley closure lies within the limits of the approved CH Metro Tentative Plat (#1886). The subject street is located within Broadmoor Subdivision and Wynwood / Edgewater NET. T6 -36A -0I T6 -38A �/�nA7 M 1 ! ! I + ! 0 f 14 i! It rJ a { 11 I J + k'! f J 1 ! i I i f9 r� �T fi •t Q !, 17 fI If I ff •ARR 9 n z ec !J[ ra mf tk+t�' 1f- � Iwrr �• ,�.7 f rr (+:9 am M +!) ? n61Gr 8' ' Z, M if ! to � c+[wrpv t� IR a" 4 SS p 7 &°'�4CMfJGT (ve �. 110' � T6— A-0 IT$-36A—L Josh srrrerr s tflak! i 11W177 4 s I+ PnVWW A/7A OWZa c v mw (P9 f IC9tJ S T6-38A—L U 29rn 5ATEr Vicinity Map Proposed alley closure outlined in red City of Miami Planning and Zoning Department BACKGROUND: The applicant (Village Foundation, Inc.) owns all the properties bisected by the alley to the east and west. Previously, the applicant applied for and received approval with conditions from the City of Miami, Plat and Street Committee for the Re -Plat and Street Closure (Tentative Plat #1886) of CH Metro. This request is to close and vacate a public alley, located along the east side of NE 4 Avenue. The alley is between NE 30 Terrace and NE 31 Street and has approximately .044 acres (1,949 square feet) of land in area. The purpose of the request is to annex the closed section of the alley into the approved Tract A to create a unified site for future development. There are no overhead utilities above the alley. Any existing underground utilities located within the alley will be relocated or easements must be created. The existing alley is 10 feet in width by 195 feet in length and runs north to south direction. The alley fronts NE 30 Terrace to the south and NE 31 Street to the north. Aerial View of the proposed Street Closure Proposed Street Closure (outlined in red). T6 -36A-0 j T6 -36A -L Current zoning. Proposed Street Closure (Outlined in red). This alley closure is considered a key element in unifying the Tract, providing a buildable site for future development. File Id # 1920 21 Page City of Miami Planning and Zoning Department ANALYSIS: 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, that the Plat and Street Committee review four (4) public interest findings related to vacation and closures. The Plat and Street Committee Findings for the street closure application are attached as Exhibit A, and summarized below. 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? Plat and Street Committee Response: The closure of the alley will create a unified development site compatible with the current Transect Zone development patterns. The project may include a mixed-use building conducive to pedestrian activity, circulation, and 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? Plat and Street Committee Response: The existing alley proposed to be closed and vacated is completely within the boundaries of the Tentative Plat site and do not extend or interconnect beyond the limits of the Tentative Plat. Although the approved Tract A is occupied, the proposed alley to be closed and vacated is not utilized by emergency or service vehicles beyond the limits of the site and the site itself requires limited service. Solid waste service is provided by private commercial carriers. 3. Public Interest Finding: Would there be no adverse effect on the ability to provide police, fire or emergency services? Plat and Street Committee Response: There is no through access required beyond the limits of the site. The alley is surrounded by the Property, which faces three separate right of ways, with access for police, fire and emergency services. Therefore, there would be no adverse effect on the ability to provide fire, police or emergency services. 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? Plat and Street Committee Response: The alley proposed to be closed and vacated is not part of the general neighborhood vehicular or pedestrian circulation system. By approving the proposed alley closure, it will allow a comprehensive redevelopment program in the future which may benefit circulation in the area. On November 3, 2016, The Plat and Street Committee members voted to recommend approval, 5 in favor and 0 in denial, of this alley closure request subject to conditions. File Id # 1920 3 1 P a g e City of Miami Planning and Zoning Department CONCLUSION: The proposed alley 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. Specifically, MCNP Policy LU,1.3.15 states, that the City will continue to encourage a 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. The closure of the alley (between NE 30 Terrace and NE 31 Street), as presented, is important for the revitalization and enhancement of the areas surrounded. This alley closure will result in a positive impact for the neighborhood and for the City of Miami in general. Based on the Plat and Street Committee findings, conditions of approval, and staff's analysis, the Planning and Zoning Department recommends the Approval of the request to close the alley subject to the following conditions: 1. The applicant or their successor shall comply with the conditions of approval stated for the CH Metro Tentative Plat #1886, in a letter dated November 21, 2016 issued by the Department of 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. Luiz Vicentini Planner I Exhibit A- Plat and Street Committee Comments letter for, CH Metro, Plat #1886, dated November 21, 2016. File Id # 1920 41P�,,ge EXH I IT=A PLAT & STREET COMMITTEE LETTER OF APPROVAL WITH CONDITIONS CA0 of 'Afamct November 21, 2016 r�'r�,�►.�'�`/ Village Foundation Inc. Ethan Wasserman ATTN: Richard E. Steinberg Greenberg Traurig, P.A. 5810 Biscayne Boulevard 333 SE 2nd Ave., Suite 4400 Miami, FL 33137 Miami, FL 33131 DANIEL J. ALFONSO City Manager CH METRO TENTATIVE PLAT # 1886 LOCATED ALONG THE EAST SIDE OF NE 4 AVENUE, BETWEEN NE 30 TERRACE AND NE 31 STREET. Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of November 3, 2016, 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: Public Works: I . On application: name of owner needs correction 2. Location Sketch: correct and update subdivision names of the underlying plat and surrounding subdivisions. 3. Title block under T -plat name needs to mention a brief description of the alley to be closed, also include fractional section, township, range, city, county, and state 4. Correct the statement for the Express Purpose of this plat. 5. Show right of way dedication record information. 6. Provide all property addresses to the corresponding folio numbers applicable to this Plat 7. Provide legal opinion as to owners in subdivision needing to agree with the plat. 8. Provide a legal opinion as to if any claim has been fled for reversionary rights to the Right of Way to be closed and vacated, pursuant to Florida Statutes Chapter 177, Section 177.085. 9. Provide ties to block corners and identify type of monument found. 10. Provide a copy of the Certified Corner Record used in the proposed plat. 11. Provide a tie to the nearest section corner. 12. Provide underground information of existing storm water system adjacent to proposed plat, missing a small portion along NE 4 Av. Information to include underground lines, inlet rim elevation, inlet type, structure bottom elevation, pipe invert elevation and direction, pipe size, pipe length, exfiltration trench. 13. Provide/add spot elevations relative to stationing with exact location denoted by point or cross sign next to elevation numbers (i.e. x 12.34) along Base Building Line on NE 30 Terrace in 15 — 20ft intervals. All elevations shall be based on City of Miami Datum and it shall be indicated as such on the survey. Planning/Zoning: 14. Location sketch: correct and define zoning transect line T6 -36-A-0 and T6 -36A -L. DEPARTMENT OF PUBLIC WORKS 444 SW 2^a Avenue, 81h Floor I Miami, FL 33130 I (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 CH METRO - TENTATIVE PLAT #1886 November 21, 2016 Page 2 of 4 15. Provide a tree table listing all trees with common and botanical names, height, diameter and spread prepared by a Certified Arborist or a Landscape Architect. 16. Provide microfilm records to verify if all existing improvements that are to remain are in compliance with Article 7.1.2.5 of Miami2l Zoning Ordinance; including issues with backing up into right of way. 17. Provide all folio numbers and addresses of all properties/lots involved. Transportation 18. Verify the use of existing driveway approach. Standard Comments: 19. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. 20. Verify with Miami -Dade County that the proposed plat name is acceptable. 21. A] l encroachments across proposed tract and/or lot lines must be removed prior to final plat submittal. 22. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final plat submittal. 23. 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. 24. 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 Public Works. 25. 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. 26. 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. 27. 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. 28. A letter from Miami -Dade Water and Sewer Department is required to release the final plat in connection with water and sewer service agreements. 29. For informational purposes, provide two 8 %z" x 1 1" 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. Standard Comments for Street and/or Easement Vacation: 30. A letter from the Miami -Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required (only for road and/or alley vacation) 31. Existing utilities located within the street to be closed and vacated must be relocated or easements provided. 32. 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 Planning, Zoning and Appeals Board. 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 Public Works Department. b. The Planning, Zoning, and Appeals Board will require a sketch and legal description with a square footage, on an 8 1f2" X 1 I" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Department. CH METRO - TENTATIVE PLAT # 1886 November 21, 2016 Page 3 of 4 33. The Plat and Street Committee has reviewed the tentative plat of CH Metro 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 5 in favor and 0 in denial of this vacation and closure request. In addition to the above requirements, you should be aware of the following: I . 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 Public Works Department, 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 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 Public Works Survey Section to verify that all final plat submittal documents are completerip or to final plat submittal. 7. Tentative plat approval is only valid for Kone) 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. Sincerely V Ju n 1 S ana, P.E., CFM. Supervisor of Plats — Plat and Street Committee Director Public Works Department JS/AB/ab /l+ Enclosure: Contact Sheet CH METRO - TENTATIVE PLAT #1886 November 21, 2016 Page 4 of 4 C: Mark Johnson Schwebke-Shiskin & Associates, Inc. 3240 Corporate Way Miramar, FL 33025 Plat and Street Committee Members Nzeribe [hekwaba, Ph.D., P.E., Assistant City Manager/Chief of Operations Survey Development and Roadway Plans Central MIAMI 21 (EXISTING) File ID: 1920 Street Closure w w' Q Z NE 32ND�ST T6 -36A -O NE 31ST ST J m w _ z 0 T6 -36A -L U) m -NE -30TH TER w Q _ Lu z NE 30TH ST LL'7 Q _ LU z NE 29TH TER ADDRESS: Not applicable. Right -of -Way located V between NE 31 ST and NE 30 TER, east of NE 4 AV 0 115 230 460 Feet