PLANNING DEPARTMENT ANALYSIS

Transcription

1 PLANNING DEPARTMENT ANALYSIS Case No sc CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET LOCATED BETWEEN NE 27 STREET ALLEY ON THE WEST SIDE OF BISCAYNE BAY AND APPROXIMATELY 375 FEET WEST THEREOF "GARDEN PARK ON THE BAY" Pursuant to Section (c) of the Miami City Code, the Planning Department has reviewed the proposed public right-of-way vacation and closure to determine whether it is in the public interest, or whether the general public would benefit from the vacation of the right-of-way. The following findings have been made: NE 28 th Street and North Bayshore Drive are poorly developed roadways at this location. The proposed development intends to preserve views to the bay while conveying 15,906 SF for a public park. The project design incorporates public access to the waterfront from NE 28 th Street and creates connectivity to public improvements which are part of the approved Crimson Tower project to the south. Upon completion of the subject and Crimson Tower project, public access to the waterfront will extend from approximately NE 6 th Avenue and 2ih Streetto northernmost point of the inlet, resulting in ~ 415' of improved public baywalk. The proposed development will result in the improvement of a presently dysfunctional right of way pattern which includes three dead-end streets into a reconnected and functional grid that provides enhanced traffic flow throughout the area. The City and PRH 28 th, LLC (PRH) which is the owner of various parcels of land abutting the dead end of NE 28 th Street and Biscayne Bay are co-applicants to replat and to close this platted, yet unimproved street. PRH would convey by easement 9,775 SF for pedestrian access under the building and covey by deed, approximately 15,906 SF of land adjacent to an existing 6,875 SF City parcel to create a public park of approximately 22,781 SF. The expansion of the public park is consistent with the City of Miami Parks and Public Spaces Master Plan, which encourages the creation of pocket parks where small plots of public or private land are identified. Additionally, the City of Miami Bicycle Master Plan, indicates that NE 29 th Street is designated a Scenic View Route. Consequently, the proposed pans incorporate a route for bicyclists to access the public park. PRH shall install directional signage to the park, as approved by the Planning and Zoning Department and the Department of Public Works.

2 The Plat and Street Committee s recommendation considered the presentation by the applicant s attorney whereby the following public interest enhancements were offered: a. The property owner(s) of the Garden Park on the Bay tentative plat property shall participate in the routine perpetual cleaning of the NE 28 Street bayfront inlet. b. Tract B, the public park shall be deeded to the City of Miami. c. The developer of the Garden Park on the Bay tentative plat property, in concert with Crimson development, shall construct pedestrian and bicycle, but not motor vehicle, improvements in the public park and along thebayfront, including a bayfront walkway. d. The property owner(s) of the Garden on the Bay tentative plat property shall perpetually perform the routine maintenance of the public park and bayfront walkway. e. A pedestrian and bicycle ingress/egress easement shall be provided in the approximate area of the closed portion of NE 28 Street right of way to provide a direct public connection to the bayfront. The proposed building over the easement shall exceed the minimum 16 foot vertical clearance to preserve the axial view corridor of Biscayne Bay from NE 28 Street. f. Provisions shall be made in the design of the Public Park and ingress/egress easement to physically support emergency and maintenance vehicles that may require access to the bayfront on a non-routine basis. g. The developer of the Garden Park on the Bay tentative plat property shall coordinate the design of the building over the access easement connection between NE 28 Street and NE 29 Street with utility companies and the City to provide the necessary vertical clearance to accommodate emergency, utility and service vehicles It is found that emergency vehicles and equipment use the right of way for access to adjacent properties and the bayfront. Public Works uses the right of way for access for maintenance of the bayfront. The general public and neighborhood residents utilize the right of way and for access to the bayfront. It is found that, if appropriate alternative access easements are provided at the ends of NE 28 Street and NE 27 Street Alley, there would be no adverse affect on providing emergency services. It is found that North Bayshore Drive provides connection and circulation between NE 28 and NE 27 Street Alley. The closure of North Bayshore Drive will limit access and circulation It is found that this application was presented to the Plat and Street Committee and recommended with a vote of3 in favor and2in denial. Based on these findings, the Planning Department recommends Approval with Conditions as stated in the Plat & Street Committee letter dated June 12, 2012.

3 NE 5 AV MIAMI 21 MAP NE 30TH TER NE 30TH ST T6-36A-O NE 29TH TER NE 7 AV NE 29TH ST BISCAYNE BLVD NE 28TH ST T6-36A-L NE 27TH ST Biscayne Bay NE 5TH AVE NE 26TH TER NE 26TH ST Feet sc BETWEEN NE 27 ST Alley & NE 29 ST

4 NE 5 AV NE 30TH TER NE 30TH ST NE 29TH TER NE 7 AV NE 29TH ST BISCAYNE BLVD NE 28TH ST NE 27TH ST NE 5TH AVE NE 26TH TER NE 26TH ST Feet sc BETWEEN NE 27 ST Alley & NE 29 ST

5 "GARDEN PARK ON THE BAY" SUBDIVISION CLOSURE AND VACATION OF A PORTION OF NORTHEAST 28 STREET FROM NORTH BAYSHORE DRIVE TO APPROXIMATELY 150 FEET WEST THEREOF AND NORTH BAYSHORE DRIVE FROM NORTHEAST 27 STREET ALLEY TO APPROXIMATELY 263 FEET NORTH THEREOF The Plat and Street Committee has reviewed the tentative plat of "Garden Park on the Bay" subdivision and determined that all technical requirements contained in the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The Plat and Street Committee has further reviewed the closure and vacation of a portion of NE 28 Street and North Bayshore Drive with respect to the Miami City Code and Zoning Code requirements and considered the presentation by the applicant's attorney whereby the following public interest enhancements were offered:. 1. The property owner(s) of the "Garden Park on the Bay" tentative plat property shall participate in the routine perpetual cleaning of the NE 28 Street bayfront inlet. 2. Tract lib", the "public park",shall be deeded to the City of Miami. 3. The developer of the "Garden Park on the Bay" tentative plat property, in concert with the IICrimson" development, shall construct pedestrian and bicycle, but not motor vehicle, improvements in the "public park" and along the bayfront, including a bayfront walkway. 4. The property owner(s) of the ~/Garden Park on the Bay" tentative plat property shall perpetually perform the routine maintenance of the "public park" and bayfront walkway. 5. A pedestrian and bicycle, ingress/egress easement shall be provided in the approximate area of the closed portion of NE 28 Street right of way to provide a direct public connection to the bayfront. The proposed building over the easement shall exceed the minimum 16 foot vertical clearanceto preserve the axial view corridor of Biscayne Bay from NE 28 Street. 6. Provisions shall be made in the design of the public park and ingress/egress easement to physically support emergency and maintenance vehicles that may require access to the bayfront on a non-routine basis. 7. The developer ofthe "Garden Park on the Bay" tentative plat property shall coordinate the design of the building over the access easement connection between NE 28 Street and NE 29 Street with utility companies and the City to provide the necessary vertical clearance to accommodate emergency, utility and service vehicles. Based on all of the evidence presented, the Plat and Street Committee voted to recommend 3 in favor and 2 in denial ofthis vacation and closure request.

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7 QIit14 of ~iami JOHNNY MARTINEZ, P.E. City Manager June 12,2012 PRH NE 28 th Street, LLC 315 South Biscayne Boulevard, 3 rd Floor Miami, FL GARDEN PARK ON THE BAY -TENTATIVE PLAT #1789 LOCATED BETWEEN NE 27 STREET. ALLEY AND NE 29 STREET ON THE WEST SIDE OF BISCAYNE BAY AND APPROXIMATELY 375 FEET WEST THEREOF Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting ofjune 7, 2012 approved the above tentative plat subject to the following revisions being made to the tentative plat, additiol)al infonnation being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: 1. hi the location sketch: a. Provide lot and blocks numbers, subdivision names and plat book mid page numbers, for the proposed plat area and adjacent subdivision, as applicable. b. Provide a fractional description. c. Label the name of proposed plat.. d. Remove line next to the label Biscayne Bay, connecting Tract A and Lot Provide a bearing and distance for the center lines and monument lines. 3. Provide Mean High Water Survey approved by Florida Department of Environmental Protection. 4. Utilities within the proposed Right of Way to be vacated will have to be relocated or easements provided. 5. An opinion of title for the remnant portion of Lots 1, Block 14, of P.B. 2, P.G. 58 must be provided at the final plat submittal. 6. The underlying plat of BANKERS PARK (PB2, PG 53) dedicates "Witham Ave." (now known as NE 28 Street) to the owners of the lots abutting the roadway and each lot owner is guaranteed the right to use the Bay Front. Add a note that the lot owners of the BANKERS PARK subdivision shall continue to have the right to access and use the Bay Front. 7. The proposed development on the newly platted property shall be properly integrated with existing and upgraded roadway and utility infrastructure.. 8. The Fire-Rescue Department may require easements for access, fire lanes, utilities and other appurtenant Fire-Rescue Department infrastructure. 9. New fire hydrants may be required. 10. Add a note that all improvements are to be removed. 11. City of Miami Law Department review for correctness required for access to the Bay Front. 12. Provide written approval fro111 the Supervisor of Plats that the access easement between NE 28 Street and NE 29 Street satisfies the requirements of City Code Section (b )(3) in lieu of a cul-de-sac. 13. Provide written approval from the Supervisor of Plats that the access easement across adjacent property satisfies the requirements of City Code Section (b)(4) and that the grants contained in the easement document sufficiently provides for the access rights of the general DEPARTMENT OF PUBLIC WORI<S 444 S.W. 2nd Avenue / Miami, Florida 33130/ (305) / Fax: (305) Mailing Address: P.O. Box Miami, FL

8 GARDEN PARK ON THE BAY TENTATIVE PLAT #1789 JUNE Page 2 of4 public. Information concerning the proposed easement located outside the boundaries of the tentative plat shall be shown on the proposed plat. 14. Correct the zoning description in the tentative plat application. 15. Complete the existing underground storm sewer information and show all existing underground information on the main sketch, including pipe sizes and inverts. 16. A letter from Com cast is required to detel111ine if any adjustments to their facilities or easements are required. 17. Verify with the Miami-Dade County that the proposed plat name is acceptable. 18. All encroachments across proposed tracts and/or lot lines must be removed prim' to final plat submittal. 19. An opinion of title, in the City of Miami opinion of title form, must be provided at the time of the final plat submittal. 20. 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. 21. Tentative plat application must be made with Miami-Dade County after receiving approval from the City of Miami Plat and Street Committee. 22. 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 surveyor and his attorney to assure that everything is in order before submitting the final plat package. 23. Be advised that if all the 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. 24. A letter of concurrency from Miami-Dade County School Board is required prior to the final plat approval (see contact sheet). 25. An opinion of title as to the reversionary rights for the right-of-way to be closed and vacated will be required by the Plalming, Zoning and Appeals Board. The opinion oftitie 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 oftitle must be provided to the Public Works Department. 26. The Planning, Zoning and Appeals Board will require a sketch and legal description with a square footage, on an 8 Yz" xii" paper, for the proposed closure. Contact the Office of the Hearing Boards, at Provide a copy to the Public Works Department. 27. The Plat and Street Committee has reviewed the tentative plat of GARDEN PARK ON TEE BAY subdivision and detenllined 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 streets with respect to Miami City Code requirements and have voted 3 in favor and 2 in denial of this vacation and closure request. The Plat and Street Committee recommendation concerning the closure and vacation of portion of NE 28 Street and North Bayshore Drive considered the presentation by the applicant's attorney whereby the following public interest enhancements were offered: a) The property owner (s) of the "Garden Park on the Bay" tentative plat property shall participate in the routine perpetual cleaning of the NE 28 Street bayfront inlet. b) Tract "B," the "public park" shall be deeded to the City of Miami. c) The developer of the "Garden Park on the Bay" tentative plat property, in concert with the "Crimson" development, shall construct pedestrian and bicycle. but not motor vehicle, improvements in the "public park" and along the bayfront, including a hayfront walkway. d) The property owner (s) of the "Garden Park on the Bay" tentative plat property shall perpetually perform the routine maintenance of the "public park" and bayfront walkway.

9 GARDEN PARK ON THE BAY TENTATIVE PLAT #1789 June 12, 2012 Page 3 of4 e) A pedestrian and bicycle ingress/egress easement shall be provided in the approximate area of the closed portion ofne 28 Street right of way to provide a direct public connection to the bayfi ont. The proposed building over the easement shall exceed the minimum 16 foot vertical clearance to preserve the axial view corridor of Biscayne Bay from NE 28 Street. f) Provisions shall be made in the design of the public park and ingress/egress easement to physically support emergency and maintenance vehicles that may require access to the bayfront on a non-routine basis.. g) The developer of the "Gardeli Park on the Bay" tentative plat property shall coordinate the design of the building over the access easement connection between NE 28 Street and NE 29 Street with utility companies and the City to provide the necessary veltical clearance to accommodate emergency, utility and service vehicles. In addition to the above requirements, you should be aware of the following: 1. 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 copy of the tentative plat, in an AutoCAD version, 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 stonn 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-l0(h). Also, the 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 penuit. 5. 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 detennined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one (1) year and six (6) m011ths 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, ~Ph.D.'P.E. Director of Public Works.fi.~_-~ NJJfJI 'cdt tplll~ 1'2.. Enclosure: Contact Sheet

10 GARDEN PARK ON THE BAY TENTATIVE PLAT #1789 JUNE 12,2012 Page 4 of4 c: Mike J. Bartholomew, P.S.M.. Biscayne Engineering Company, Inc. 529 W. Flagler Street Miami, FL Iris V. Escar.t:a Greenberg Traurig, P.A. 333 S.E. 2 Avenue Miami, FL Nzeribe Thekwaba, Ph.D., P.E., Director ofpubiic Works Plat and Street Committee Members Surveys Development and Roadway Plans Central

11 ..JOHNNY MARTINEZ, P.E. CITY MANAGER P.O. BOX ~,I;) C';,! ~:1 '1',"1 MIAMI, FLORIDA :]E:..-:r.: (305) I;;;"~ FAX (305) '~""I May 31, 2012 Iris Escarra, Esq. Greenberg Traurig 333 Avenue of the Americas Suite 4400 Miami, FL Re: GARDEN PARK ON THE BAY - Tentative Plat Application and Street Closure Request. Dear Ms. Escarra: We are in receipt of your request dated May 16, 2012, for the City to join in the GARDEN PARK ON THE BAY Tentative Plat and adjoining Street Closure application. As you are aware, the City owns a filled un-platted strip of land at 498 NE 28 th Street, Miami, FL ("City Parcel"). As you have advised us, the City Parcel is being included in the plat in order to expand the City Parcel to develop a larger public park, in connection with the proposed development by PRH NE 28 th St, LLC, for a residential building.. Please be advised that the City, by and through its administration, is signing the application only for the purpose of moving the application forward, and my execution in no way indicates my or the Public Works director's approval of the tentative plat. Only the City Commission, with the recommendation of the plat and street committee, can grant such approval. The remaining applicants can in no way rely on my execution of the application to represent an approval of the plat or of the project. In addition, the City Commission will also need to accept the additional land being added to the City Parcel in order to create the park. Furthermore, the City is not responsible for any expenses related to the platting of the land, and PRH acknowledges and accepts to pay for any and all related expenses. ~~IuJ: ~il:; ~!knez, P.E. 1I CIty Manager c: Alice N. Bravo, Assistant City Manager/Chief of Infrastructure Nzeribe Ihekwaba, PhD, Director, Department of Public Works Francisco Garcia, Director, Department of Planning & Zoning Victoria Mendez, Assistant City Attorney, Office of the City Attorney