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Home My WebLink AboutAnalysis and MapsCity of Miami Planning Department Land Development Division ANALYSIS FOR STREET CLOSURE File ID# 3661 PROJECT ADDRESS: A portion of a public service Easement located between Biscayne Boulevard and NE 5 Avenue and between NE 78 Street and NE 79 Street. APPLICANT: Florida Fullview Immigration Building, LLC. COMMISSION DISTRICT: District 5 (Keon Hardemon) FOLIOM not applicable ZONING DESIGNATION: T6-8-0 NET OFFICE: Upper Eastside PLANNER: Luiz Vicentini, Planner 1 GENERAL INFORMATION REQUEST: Pursuant to Section 55-15 and Section 55-15(c), of the City Code of Ordinances, the applicant requests the vacation, closure, and discontinuing the use of a public service Easement. This request is to close, vacate, abandon and discontinue for public use a portion of a public service Easement, located between Biscayne Boulevard and NE 5 Avenue and between NE 78 Street and NE 79 Street. The intent of the request is to annex the closed section of the Easement into the approved Tract A to create a unified site for a future development. As depicted below, the proposed public service Easement closure lies within the limits of the approved Triton Center — A (Formerly Biscayne Uptown) Tentative Plat #1817 (Attachment C), approved with conditions by the Plat and Street Committee on October 5, 2017. E. T91�1 I H�C� ; 4F f1iC S.W. !EC20 `r'NORM 1dCLHTEI f,}tifkR i V (�tIA OF Si GtW1e 7-i3-a'L 5£C>•It1 SOUTH R UN 9. C Ukfrl INE UT e.C.'It U-f}h,F lilEh Sl'• !per_ LIG_Po(�!'f.WM'} ql / AI AS 116QK 75 h^.E 6 N I 6.0 �1 A1tr PLAT OF FED PAL WAY Q I Z m I rLAr t>oo�t zs. rnce r; I I , Lar 1 j jt'I _ I LOT to LOT 9 LO[ 5 LOT 7 LOT 8 LOT 5 lUi 4 LOT 3 ., b`� } �A I So TH 5 OF LUIS .3 It -it, Ib � waq b: m I 189'�59W*E 5' R LC SErVtE 'ASCU III.' G r LOT 2 u; { qp I 4CO. 00 I Al KOK 5. {r.� 6 M I jCE`li R EINE} p "'�T e, 33:0' gaETI ICI r,; — — — — LOT 21 sa� 1 s� E I �` BUCK 1 ry QL�i 5'QJiCF StiSr FH' rn "I �C' I �?. J Pk3i ` 1 tlU i4 25. NAME G rr'f'Ty — r•� / 171 m I YyRln h' 01 IFSIS 11 Eli3l% to TO eE {{YACA11;,y1} j yes a 9 0 n M LUT t1 I LOT 12 LOT 13 I LOT 14 1 LOT 15 I LOT 19 1 LOT 17 I ` < o UDT 24 y c I AIgDM PU4 tlF WAY S.R' "' z to r26' n CJ1 I I PUtT 9q C 25 �y�iy l. 19. ` I LOT 45 LOT 18 —--'I----I--- o I .1.1.—J�.— * N.Eut, hQR"tI 31N' "fh — — � ql or n_. 791, ST. _ u, N.E. 78th STREET--cr-WER oNE N � Above map depicts of proposed public Easement closures PZAB File ID#3661 Page 114 City of Miami Planning Department Land Development Division BACKGROUND The applicant (Florida Fullview Immigration Building, LLC) owns all the properties abutting the easement (defined as Tract A). Previously, the applicant applied for and received approval with conditions from the City of Miami, Plat and Street Committee for the Re -Plat and Easement Closure (Tentative Plat #1817) of Triton Center The aerial map below denotes the applicant's properties (outlined in red) and the portion of the Easement proposed to be closed and vacated (outlined in yellow). K0 mm� Q tr" �: -5 EXISTING BUlDING j To REMAIN *. 6% UL ! T -i The Property was originally developed in accordance with the Amended Plat of Federal Way, recorded on November 10, 1926 in Plat Book 25, Page 6 of the Public Records of Miami -Dade County. Public Records provided by the applicant shows that the original plat was dedicated for the public service Easement. However, the public service Easement has never been used as such, in fact, the existing development on the Property was constructed on a portion of the public service Easement. The existing public service Easement proposed to be closed and vacated is comprised of approximately 5,082 sq. ft. in total of land and divided into two (2) distinct sections: 1. The first section is ten (IQ) feet in width and 400.21 feet in length and runs in a west to east direction and dead -ends at the intersection of the section that runs in north to south direction. 2. The second section runs in a north to south direction (between NE 79 Street and NE 78 Street) and is intersected at the center by the section that runs west to east direction. PZAB File ID#3661 Page 214 City of Miami Planning Department Land Development Division 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 public service Easement closure application are attached as Attachment B, and summarized below: 1. 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: A portion of the Easement is already encroached upon by the existing building on the Property. The general public does not currently benefit from the public service Easement as it only services the Property. 2. Public Interest Finding: Is the general public no longer using the right-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: Currently, the public service Easement proposed to be closed and vacated only serves the applicant's Property. The Property is served by public service vehicles, including trash and garbage trucks, police, fire and other emergency vehicles by Biscayne Boulevard, NE 78 Street, NE 79 Street and NE 5 Avenue. 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: As previously stated, emergency vehicles can access the site from the adjacent streets. However, the proposed public service Easement will be reviewed by police, fire and emergency services for compliance with their requirements. 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 public service Easement proposed to be closed and vacated is not part of the general neighborhood vehicular or pedestrian circulation system, as it forms a dead-end within the premises of the site. Moreover, as previously stated, there is an encroachment on the public service Easement on the easternmost portion of the site, as shown on the T -Plat # 1817 (Attachment C). The proposed vacation and closure is beneficial for the surrounding area and for the city in general, as it may permit for a future development to provide enhanced pedestrian and vehicular circulation to serve the property and its users. On October 5, 2017, The Plat and Street Committee members voted to recommend approval, unanimously 5 to 0, of the requested closure and vacation of the public service Easement request subject to conditions. PZAB File ID#3661 Page 314 City of Miami Planning Department Land Development Division CONCLUSION: The public service Easement closure is consistent with the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan (MCNP). In that, the 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 that the tentative plat of Triton Center (Tentative Plat #1817) meets the criteria established in Section 55-10 of the City Code and the Planning Department's determination that all technical requirements contained in the Miami Code Subdivision Regulations have been met. Therefore, based on the Plat and Street Committee's recommendation and staff's analysis, the Planning Department recommends the Approval of the request to close, vacate, abandon and discontinue from public use a portion of a public service Easement subject to the following conditions: 1. The applicant, owner, or their successor must meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations. 2. 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). 3. A Certificate of Occupancy or Certificate of Use shall only be issued after all the required subdivision improvements have been completed. 4. The applicant, owner, or their successor shall comply with the conditions of approval stated for the Triton Center Tentative Plat #1817, in a letter dated June 29, 2017 issued by the Department of Public Works. Attachments A -Legal Description B -Public Works Letter of Approval C -Triton Center -A Re -plat #1817 PZAB File ID#3661 Page 414 i -r 4W �. , 4M TP � lei [n AERIAL FILE ID: 3661 c y i•.• - mp NE 79TH ST w Ln LU I; �•. y z k ' f A NE 78TH ST N 0 85 170 340 Feet J m W 9 ADDRESSES: A portion of a public service Easement located between Biscayne Boulevard and NE 5 Avenue and between NE 78 Street and NE 79 Street 7`1 +w AJ L x 9 !I,!$ � � s � • . r � +ems' � � � c y i•.• - mp NE 79TH ST w Ln LU I; �•. y z k ' f A NE 78TH ST N 0 85 170 340 Feet J m W 9 ADDRESSES: A portion of a public service Easement located between Biscayne Boulevard and NE 5 Avenue and between NE 78 Street and NE 79 Street MIAMI 21 (EXISTING) FILE ID: 3661 STREET CLOSURE NE•79TH ST I T6 -8-O w Q LO LO w z �j 8� tis NE=78TH ST CS T4 -R LO uj Z $T3 -L N 0 80 160 320 Feet ADDRESSES: A portion of a public service Easement located between Biscayne Boulevard and NE 5 Avenue and between NE 78 Street and NE 79 Street