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City of Miami
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ANALYSIS FOR
ALLEY CLOSURE
FILE ID: PZ-18-457

APPLICANT: ASRR 18 LLC

PROJECT ADDRESSES: Bounded by NE 18TH ST on the north, NE 2ND

CT on the east, NE 17TH TER on the south,
and NE 2ND AVE on the west.

COMMISSION DISTRICT: District 2 (Ken Russell)

TRANSECT ZONE: T6-36B-O

FUTURE LAND USE Restricted Commercial

NEIGHBORHOOD ENHANCEMENT TEAM Wynwood/Edgewater

(NET) OFFICE:

PREPARER: Darren Murphy, Planner I

A. GENERAL INFORMATION

REQUEST: Pursuant to Section 55-15(c), of the City Code of Ordinances, ASRR 18 LLC (the
Applicant) requests the closing, vacating, abandoning, and discontinuing of two private alleys and a
portion of a third private alley (Vacation of Private Alleys) from public use.

PROPERTY: The subject property is within the Miami 21 "T6-36-B-O", Urban Core and the Miami
Comprehensive Neighborhood Plan's Future Land Use designation of Restricted Commercial.
Furthermore, it is within the Miramar Subdivision, Plat Book 5, Page 4 and the Wynwood/Edgewater
NET area.

The alley closures lie within the limits of the approved Miami Arts Center - Tentative Plat #1913
(TENTATIVE PLAT #1913) which is bounded by NE 2 Avenue to the west, NE 18 th Street to the north,
NE 2 Court to the east, and NE 17th Terrace to the south. The three alleys proposed to be closed and
vacated are comprised of 4,250 square feet, or 0.098 acres, more or less.

• The first alley is 10 feet in width and 219.13 feet in length and stretches in an east-west
direction connecting NE 2 Avenue from the west and NE 2 Court to the east.
• The second alley is 10 feet in width and 150.04 feet in length and stretches in a north-south
direction intersecting the midpoint of the first alley to the north and intersecting the midpoint of
another abutting property to the south (not part of the TENTATIVE PLAT #1913).
• The third segment is 1 O feet in width and a portion (54.98 feet) of the total length of 164.15 feet
of total length will be closed, starting from NE 2 Court and stretches in a westward direction
intersecting the NE corner of the abutting property (not part of the TENTATIVE PLAT #1913).
Aerial view of the Applicant's subject property bounded in red

File ID# PZ-18-457: Vacation ofPrivate Al leys for TentativePlat #1913)

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The three proposed alleys to be vacated - outlined in red

B. BACKGROUND

Today, the Applicant owns Lots 1 through 11 per the "Proposed Tract 'A' "(Tract "A"), as shown on the
TP # 1913. However, Lots 12, 13, and 14 belong to a separate property owner who is not part of this
application, please see the Tract "A", shown below:

File ID# PZ-18-457: Vacation of Private Alleys for Tentative Plat #1913)
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Tract "A" (Please see the red circle) - the yellow boundary demarcates the Applicant's
consolidated Lots 1-11. Note: Lots 12-14 are "NOT A PART" of the application.

File ID# PZ-18-457: Vacation of Private Alleys for Tentative Plat #1913)
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The Applicant has stated that the entirety of the three alleys, as part of Tract "A", to be closed and
vacated will be dedicated to all purchasers of the Lots (1 -11) within the underlying TENTATIVE PLAT
#1913.

The purpose of the vacation and closure of the three alleys is to both incorporate and consolidate them
into Tract "A", as approved with conditions by the Plat and Street Committee Meeting on December 7,
2017.

0 62.5
7L
125 250 Feet c:J Subject Properties

Aerial view: the proposed alley closures (highlighted in yellow); the subject properties' s
boundaries (Lots 1 - 11) is in red.

File ID# PZ-18-457: Vacation of Private Alleys for Tentative Plat #1913)
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 MIAMI 21 (EXISTING)
FILE ID: PZ-18-457
ALLEY CLOSURE

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Miami 21 (existing) zoning of the subject alleys is: TG-368-0, the abutting subject property is
outlined in black.

File ID# PZ-18-457: Vacation ofPrivate Alleys for Tentative Plat #1913)
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C. ANALYSIS

PLAT AND STREET COMMITTEE:

At the December 7, 2017 Plat and Street Committee meeting, the Committee approved 1 (one)
tentative plat involving closure of private alleys. Plat and Street Committee considerations are with
respect to the four items below in making their recommendations to the Planning, Zoning, and
Appeals Board (PZAB).

1. Is it in the public interest, or would the general public benefit from the vacation of the rights of
way or easement?

2. Is the general public no longer using the rights of way or easement, including public service
vehicles such as trash and garbage trucks, police, fire or other emergency vehicles?

3. Would there be no adverse effect on the ability to provide police, fire or emergency services?

4. Would the vacation and closure of the rights of way or easements have a beneficial effect on
pedestrian and vehicular circulation in the area?

The results of the Committee's review of the public interest findings concerning the alley closures is
listed below for the plat.

Miami Arts Center (Vacation of Private Alleys)

1. East-West alley is not improved and is not used by general public. Only the North-South alley is
free from encumbrances and is currently used as a surface parking lot. General public will
benefit from development of the site. It incorporates the existing historically significant building.

2. There is no vehicular use along the East-West alley. South alley will remain open. North-South
is used for circulation of a surface parking lot.

3. All services are currently accessed from adjacent main streets. The development will consider
an enhance circulation of emergency services in accessing the site.

4. Pedestrian and vehicular circulation in the area will benefit from the development. The
development will include retails and school.

The Plat and Street Committee members voted 6 (six) in favor and O (zero) in denial of this private
alley closure request.

PLANNING DEPARTMENT ANALYSIS:

Based on Staff's findings, there are concerns regarding how the closure advances the public
interests or would the general public benefit from the vacation of the rights of way or easement.
Specifically, the question arises from the Plat and Street's "Finding #4" (please see above) on
whether the Vacation of Private Alleys will have a beneficial effect on pedestrian comfort, safety,
and accessibility in traversing the Applicant's Vacation of Private Alleys as related to Tract "A".

File ID# PZ-18-457: Vacation of Private Alleys for Tentative Plat #1913)
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 1. Public Interest Finding: Is it in the public interest on whether the Vacation of Private Alleys will
have a beneficial effect on pedestrian comfort, safety, and accessibility in traversing the
Applicant's Vacation of Private Alleys?

The Applicant confirmed with Staff that the "third alley segment", please refer to "Aerial View" on
page 5, will be closed and vacated by Tentative Plat #1913 (MIAMI ARTS CENTER,
TENTATIVE PLAT). However, the Applicant showed Staff a "callout note" on the finalized
Tentative Plat #1913 for a proposed pedestrian/public easement. Specifically, the easement
contains approximately 550 square feet with a proposed 10-foot public access ingress and
egress easement with a 3-Dimensional 15-foot vertical clearance. Therefore, the Applicant
satisfies requirement #4 - Would the vacation and closure of the rights of way or easements
have a beneficial effect on pedestrian and vehicular circulation in the area?

2. Public Interest Finding: Is it in the public interest for the notification and written consent of all
abutting property owners to the Vacation of Private Alleys, as proposed by the Applicant?

Per City of Miami Code, Sec. 54-4(b). - Closing and vacating of streets, the record plat required
by this section shall be prepared and executed in accordance with the laws of the state and with
the rules and regulations of the public works department, and shall be signed and executed by
the owners of all the abutting property, including but not limited to, those property owners
abutting streets or alleys sought to be vacated and closed. Therefore, the Applicant satisfies this
public interest finding.

The Applicant has obtained a "Written Letter of Consent" from the abutting property owner
(Prince Albert, LLC, who is the owner of 1741 NE 2 Avenue, Miami, Florida 33132), and the
abutting property owner has no objection to the approval of the TENTATIVE PLAT #1913 or the
Vacation of Private Alleys, as proposed and contemplated in the TENTATIVE PLAT #1913.

3. Public Interest Finding: Is it in the public interest to preserve and protect a City of Miami­
historically designated building, as identified as part of a proposed "Vacation Closure"
application?

Per City of Miami Code, Chapter 23 - Historic Preservation and through the passage of
Resolution HEPB-2003-38, the legal, non-conforming, and City of Miami-historically designated
historic site (S and S Restaurant, located at 1757 and 1773 NE 2 Avenue) will remain protected
and unaffected by the closure of the alleys through this TENTATIVE PLAT #1913. Therefore,
the Applicant satisfies this public interest finding.

D. CONCLUSION

The proposed Vacation of Private Alleys will promote the development of this Neighborhood and
is thereby consistent with the goals, objectives, and policies of the Miami Comprehensive
Neighborhood Plan ("MCNP"). However, this is contingent on the Applicant fulfilling all the
findings made by the Planning Department and the Plat and Street Committee concerning the
Vacation of Private Alleys from public use. Therefore, the Planning Department has concluded
that the request for a vacation of the Street satisfies the minimum requirements of Section 55-15
of the City Code.

Pursuant to Chapter 55, Section 55-15, of the City of Miami Code of Ordinances, and the
aforementioned findings, the Planning Department recommends Approval of the Vacation of

File ID# PZ-18-457: Vacation of Private Alleys for Tentative Plat #1913)
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 Private Alleys from public use as proposed in the TENTATIVE PLAT #1913, subject to the
following conditions:

1. The Applicant, owner or their successor shall meet applicable development standards
identified in the Miami 21 Code and all applicable local, county, state, and federal
regulations;

2. The Applicant shall provide an access plan for review and acceptance by the City's Fire­
Rescue, Police, Solid Waste Departments, and the Capital Improvements Program/Office
Transportation;

3. 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);

4. A Certificate of Occupancy shall only be issued after all the required subdivision
improvements have been completed;

5. The Applicant or their successor shall comply with the conditions of approval stated for the
Miami Arts Center - Tentative Plat #1913, in a letter dated December 13, 2017, from the
Department of Resilience and Public Works; and

6. In reference to the City of Miami, Plat and Street Committee's Letter - Condition #22 and
Miami 21, Article 5. Section, 5.6.1, Building Disposition (T6) (i), the Applicant will provide a
10-foot public access ingress and egress easement/three-dimensional easement that must
comply with design standards for a 16-foot minimum vertical clearance, as a condition of
approval, and it shall be demarcated at the time of final plan submittal(s) for a building
permit for the Vacation of Private Alleys.

Jacqueline Elli
Chief of Land

File ID# PZ-18-457: Vacation of Private Alleys for Tentative Plat #1913)
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 MIAMI 21 (EXISTING)
FILE ID: PZ-18-457
ALLEY CLOSURE

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0 62.5
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125 250 Feet Subject Properties