HomeMy WebLinkAboutAnalysis & MapsANALYSIS FOR
STREET CLOSURE
File ID# 2999
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 platted easement.
PROJECT ADDRESS: A portion of an easement, located along the west side of NW 10 Avenue, from
Sunnybrook Road, to Spring Garden Road, of approximately .041 acres (1,797 square feet) of land.
APPLICANT: Spring Garden Apartments LLC. FOLIO#: not applicable
COMMISSION DISTRICT: District 5 NET OFFICE: Overtown
ZONING DESIGNATION: T6-8-0 / T6-8-1- PLANNER: Luiz Vicentini, Planner 1
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 platted easement.
As depicted below, the proposed easement closure lies within the limits of the approved Spring Garden
Apartments Tentative Plat (#1898-A). The subject street is located within Sunnybrook Subdivision and
Overtown NET.
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City of Miami
Planning and Zoning Department
BACKGROUND:
The applicant (Spring Garden Apartments LLC) owns all the properties bisected by the easement to the
east and west. On July 20, 2017, 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 #1898-A) of
Spring Garden Apartments.
This request is to close and vacate a platted easement, located along the west side of NW 10 Avenue,
from Sunnybrook Road to Spring Garden Road and has approximately .041 acres (1,797 square feet) of
land in area. The purpose of the request is to annex the closed section of the platted easement into the
approved Tract A to create a unified site for future development.
Any existing overhead and/ or underground utilities located within the easement will be relocated or
access for them must be created.
The existing easement is 10 feet in width by approximately 179 feet in length and runs in an east to west
direction. The proposed easement to be closed and vacated fronts NW 10 Avenue to the west and ends
at the most westerly corner of lot 2. (Attachment B).The existing 10 feet utility easement located to the
west of the proposed easement closure will remain open.
Aerial View of the Proposed Easement Closure
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Proposed Easement Closure (Outlined in blue).
This proposed easement closure is considered a key element in unifying the Tract, providing a buildable
site for future development.
File Id # 2919
2 1 P a g e
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 easement closure application are attached as Attachment A,
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: The proposed closure of the easement will create a unified
development site compatible with the current Transect Zone development patterns. The platted
easement currently exists along the rear of the Property and is a hindrance to redevelopment of the
same. The site is in close proximity to both the Metrorail and the Health District. By vacating the
easement, it may contribute for the generation of new additional ad valorem taxes for the City to
provide necessary services to its residents.
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 easement 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 easement
to be closed and vacated has never been utilized by the general public and it is not utilized by
emergency or service vehicles beyond the limits of the site. The site itself requires limited service,
as it is solely for utilities. 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 would be no adverse effect on the ability to provide
fire, police or emergency services. Police and Fire Rescue have never utilized the easement, as it is
solely for utilities. Moreover, the ability for the applicant to redevelop the Property under Miami 21
afforded by the vacation and closure may have a beneficial impact on police services as any new
development will incorporate the guiding principal of Miami 21 of Crime Prevention through
Environmental Design.
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 easement proposed to be closed and vacated is not
part of the general neighborhood vehicular or pedestrian circulation system. By approving the
proposed easement closure, it will allow a comprehensive redevelopment program in the future which
may benefit circulation in the area.
On July 20, 2017, The Plat and Street Committee members voted to recommend approval, 0 in favor and
0 in denial, of this easement closure request subject to conditions.
File Id # 2919
3 1 P a g e
City of Miami
Planning and Zoning Department
CONCLUSION:
The closure of the easement (along the west side of NW 10 Avenue, from Sunnybrook Road to Spring
Garden Road), as presented, is important for the revitalization and enhancement of the areas it abuts.
This easement 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 to approve the easements with conditions, and staff's
analysis, the Planning Department recommends the Approval of the request to close the easement
subject to the following conditions:
The applicant (Spring Garden Apartments LLC) or their successor must comply with the
conditions of approval stated for the Spring Garden Apartments #1898-A, in a letter dated August
17, 2017 issued by the Department of Public Works.
2. The applicant (Spring Garden Apartments LLC) or their successor must comply with all
development standards identified in Miami 21 Code and all applicable Local, State and Federal
regulations.
quel' a Ellis
ief,O Land D velopment
Attachment A- Plata nd Street Committee Comments letter for, Spring Garden Apartments, Plat #189$-A, dated November 21, 2017.
Attachment B- Sketch to accompany Legal Description
File Id # 2919
4 1 P a g e
ATTACHMENT A:
PLAT & STREET COMMITTEE LETTER
Citp of �iamt'
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ue�ii n,u DANIELJ. ALFONSO
City Manager
August 17, 2017
Spring Garden Apartments LLC
ATTN; Jose Jorge Figueroa
7520 SX 57 Avenue, Suite G
Miami, FL 33143
SPRING GARDEN APARTMENTS
TENTATIVE PLAT #I 898-A (FIRST RESUBMITTAL)
LOCATED ALONG THE WEST SIDE OFNW 10 AVENLE, FROM SUNNYBROOK ROAD TO SPRING
GARDEN ROAD
Ladies and Gentlemen;
The City of Miami Plat and Street Committee, at its meeting of July 20, 2017, APPROVED the above
tentative plat subject to the following revisions being made to tlic 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
1, Application
a, Provide certificate of good standing for all entities on the chain of owncrWp (Delaware
and Florida),
b. Corporate resolution
i, Needs to be notarized,
ii, Company designated as Managing Mernber is not shown on Sunbiz. Provide
updated Corporate Resolution or remove the Company from Resolution for
authority (and the application signature),
c, Signature execution page
i. State the company as Delaware Corporation; must be authorized to do business in
Florida,
2, Locadon Sketch - Correct Subdivision names of the underlying plat and surrounding subdivisions,
3. Provide a copy of the Certified Corner Record used in the proposed plat,
4. Provide a tie to the nearest section corner,
5. Provide and/or correct underground information of existing stoma water system adjacent to
proposed plat underground lines, inlet rim elevation, inlet type, structure bottom elevation, pipe
invert elevation and direction, pipe size, pipe length, exfiltration trench.
PlanninglZoning
6. Add notes -All existing improvements, structures, and buildings are to be removed prior to Final
Plat submittal,
7. Verify if there is any existing Unity of Title in records; must be released prior to final plat
recordation,
DEPARTMENT OF PUBLIC WORKS
444 SW 2rd Avenue, 81^ moor 1 Miami, FL 3313D J 005) 416-1200 / Fax: (305) 416.1278
Malting Address: i3O Box 330708 Misml, FL 33233.0708
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SPRING GARDEN APART)4jrNTS
TENTATIVE PLAT # 1898-A (FIRST RESUBMITTAL)
August 17, 2017
Page 2 of 3
Standard Comments for Street and/or Easement Vacation
8, Existing utilities located within the street, alley, and easement to be closed and vacated must be
relocated or easements provided.
9, Public Hearing/Planning, Zoning and Appeals Board (PZAB).
a. An Opinion of Title will be required by the PZAB, 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 PZAB will require a sketch and legal description with a square footage, on an 8'/2" 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,
Standard Comments
10, A leiter from Comcast is required to determine if any adjustments to their facilities or casements are
required,
11. Verify with Miami -Dade County that the proposed plat name is acceptable,
12. All encroachments across proposed tmot and/or lot lines must be removed prior to final plat submittal,
13. An Opinion of Title, in tate City of Miami Opinion of Title form, must be provided at the time of final
plat submittal,
14. Current backup documentation will be required for all who execute file final plat. A resolution for
authority to execute documents and a Certificate of Good Standing from the Secretary of State are
required, if applicable.
15. Tentative plat application must be made with Miami -Dade County after receiving approva I from the
City of Miami Plat and Street Committee. Provide a copy of the notice of action to Public Works.
16. Be advised that an incomplete final plat package will not be accepted by the City of Miami, It is the
owner's responsibility to workwith his/her surveyor and attorney to assure that everything is in order
before submitting the final plat package.
17, 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.
L8. 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 farm.
19. A letter from Miami -Dade Water and Sower Department is required to release the final plat in
connection with water and sewer service agreements.
20. For informational purposes, provide two 8 %z'' x 11" 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.
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 slights -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
i
SPRING GARDEN APARTk NTS
TENTATIVE PLAT #1898-A (FIRST RESUBMITTAL)
August 17, 2017
Page 3 of 3
and/or Certificate of Occupancy for any building construction will be issued only afteralI the required
subdivision improvements have been completed,
4. Approval for fire flow requirements must be obtained from the Firms -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 writurg, 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 fecal 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.
If you have any questions concerning these requirements, pleaso refer to the attached sheet for the appropriate
person to contact,
Sincerely,
Ju nal Santana, P.E., CFM
Supervisor of Plats — Plat and Street Committee
Director Public Works Department
dS/AI3/ab /�X$ ' la
Enclosure; Contact Sheet
c: Schwebke-Shiskin & Associates Inc.
3240 Corporate Way
Miramar, FL 33025
Plat and Street Committee Members
Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager/Chief of Operations
Survey
Development and Roadway Plans
Central
ATTACHMENT B:
LEGAL DESCRIPTION
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
10.00 FOOT WIDE UTILITY EASEMENT TO BE VACATED
LEGAL DESCRIPTION.•
A PORTION OF LOTS 1, 2, 27, 28, 29 AND 30 OF BLOCK 2, 'SUNNYBROOK, " ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE 85, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, SAID PORTION BEING A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE.
BEGIN AT THE NORTHEAST CORNER OF LOT 30 OF SAID BLOCK 2; THENCE RUN NORTH 90 DEGREES 00
MINUTES 00 SECONDS WEST, ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOTS 29 AND 30, FOR A
DISTANCE OF 9782 FEET TO A POINT• THENCE RUN NORTH 49 DEGREES 55 MINUTES 38 SECONDS WEST,
ALONG THE NORTHERLY BOUNDARY LINE OF LOTS 28 AND 27, FOR A DISTANCE OF 81.93 FEET TO THE
MOST WESTERLY CORNER OF SAID LOT 2 AND THE POINT OF TERMINUS OF SAID CENTERLINEE,
SAID EASEMENT BOUNDED ON THE WEST BY THE NORTHWESTERLY BOUNDARY LINE OF SAID LOT 2 AND ITS
SOUTHWESTERLY EXTENSION, AND BOUNDED ON THE EAST BY A LINE 25.00 FEET WESTERLY OF AND
PARALLEL WITH THE CENTERLINE OF N.W. 10th AVENUE..
SAID PARCEL OF LAND CONTAINING 1,797-t- SQUARE FEET:
SAID EASEMENT SIDE LINES TO BE SHORTENED OF LENGTHENED TO MAINTAIN A CONTIGUOUS 10.00 FOOT
WIDE STRIP OF LAND ALONG THE ABOVE DESCRIBED CENTERLINE.
LYING AND BEING IN THE SOUTHEAST ONE-QUARTER (1/4) OF SECTION 35, TOWNSHIP 53 SOUTH, RANGE
41 EAST CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA.
NOTES.
1. THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING OF N90'00'00 "E ALONG THE
NORTHERLY BOUNDARY LINE OF LOTS 1 AND 2, OF 'FIRST ADDITION TO SUNNYBROOK, " PLAT BOOK 43,
PAGE 5.
2. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE
ATTESTING PROFESSIONAL LAND SURVEYOR.
3. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON
ONLY. THE ATTACHED CER77FICA77ON DOES NOT EXTEND TO ANY UNNAMED PARTIES
4. ORDERED BY.• ALCAZAR DEVELOPMENT
SHEET 2 OF 2 SHEETS
t7 REVISIONS
LAND SURVEYORS—ENGINEERS—LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025
PHONE No. (954)435-7010 FAX No. (954)438-3288
ORDER N0. 207534 PREPARED UNDER MY SUPERVISION.
DATE. AUGUST 28, 2017
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, PRINCIPAL
CERTIFICATE OF AUTHORIZATION No. IB -87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
AERIAL
FILE ID: 2919
EASEMENT VACATION AND CLOSURE
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ADDRESS: 1005, 1015, & 1025 SPRING GARDEN RD
1200 NW 10 AV, 1000 & 1010 SUNNYBROOK RD
0 137.5 275 550 Feet
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SR g36 OFF RAMP
MIAMI 21 (EXISTING)
FILE ID: 2919
EASEMENT VACATION AND CLOSURE
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