HomeMy WebLinkAboutR-20-0357City of Miami
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Legislation
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Resolution: R-20-0357
File Number: 7997
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/22/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE CLOSURE, VACATION, ABANDONMENT, AND
DISCONTINUANCE FOR PUBLIC USE OF FIVE (5) STREETS GENERALLY
LOCATED WITHIN THE ROADWAY BOUNDARIES OF NORTHEAST 23RD
STREET TO THE SOUTH, NORTHEAST 24TH STREET TO THE NORTH,
NORTHEAST 4TH AVENUE TO THE WEST, AND BISCAYNE BAY TO THE
EAST, NAMELY NORTHEAST 5TH AVENUE, NORTHEAST 6TH AVENUE,
NORTHEAST 7TH AVENUE, PORTIONS OF NORTHEAST 23RD TERRACE,
AND PORTIONS OF NORTHEAST 24TH STREET, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, PURSUANT
TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Plat and Street Committee ("PSC"), at its meeting on June 9, 2020,
reviewed the subject tentative plat titled "Island Bay Tentative Plat #1893-H (Eighth resubmittal)"
("T-Plat") and determined that all technical requirements have been met and by a vote of six to
zero (6 - 0), recommended approval with conditions of the requested vacation and closure; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
October 7, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-
036 by a vote of seven to zero (7-0), Item No. 1, recommending approval with conditions of the
requested vacation and closure; and
WHEREAS, pursuant to Section 55-15 of the Code of the City of Miami, Florida, as
amended ("City Code"), the property owner, 24 Plaza Corp. ("Applicant"), is proposing to close
and vacate five (5) streets located within the roadway boundaries of Northeast 23rd Street to the
south, Northeast 24th Street to the north, Northeast 4th Avenue to the west, and Biscayne Bay
to the east, namely Northeast 5th Avenue, Northeast 6th Avenue, Northeast 7th Avenue,
portions of Northeast 23rd Terrace, and portions of Northeast 24th Street, as more particularly
described in Exhibit "A", attached and incorporated (collectively, "Streets"), through the
replatting process; and
WHEREAS, this proposed closure and vacation of the Streets is part of the T-Plat; and
WHEREAS, the Streets are located within a T6-36A-L, "Urban Core Transect Zone —
Limited"; and
WHEREAS, existing utilities located within the same areas as the Streets proposed to be
closed and vacated by this T-Plat must be relocated or easements provided pursuant to a
condition from the PSC; and
City of Miami Page 1 of 4 File ID: 7997 (Revision: A) Printed On: 1212312020
File ID: 7997 Enactment Number: R-20-0357
WHEREAS, the average age of the recorded plats for the Applicant's surrounding four
(4) parcels is 85 years; and
WHEREAS, the Applicant, through this T-Plat, is proposing to unify and modernize the
surrounding properties that will benefit both pedestrian and vehicular circulation and allow for an
orderly division of land that will ensure proper legal conformity to the City of Miami's ("City")
subdivision and zoning regulations; and
WHEREAS, the vacating and closing of the five (5) Streets has the possibility of
generating new and additional ad valorem taxes to the City and provide necessary services to
its residents; and
WHEREAS, the two (2) East — West Streets (Northeast 23rd Terrace and Northeast 24th
Street) proposed to be closed and vacated by this T-Plat terminate at Biscayne Bay; and
WHEREAS, as a result, general public circulation will be improved by the proposed
development, which includes the construction of a 560-foot public bay walk and the creation of a
play street at the end of Northeast 23rd Street; and
WHEREAS, the proposed closure and vacation of the Streets as proposed by this T-Plat
will have a negligible impact on the accessibility of public service vehicles; and
WHEREAS, the Applicant's dedicated public ingress/egress easements proposed by this
T-Plat will negate the closure and vacation of the Streets; and
WHEREAS, based on the proposed design of this T-Plat, the ability for police, fire, and
emergency services response times will be enhanced by having less points to serve the general
public; and
WHEAREAS, this proposed T-Plat is offering three (3) destination access points with up-
to-date fire prevention features; and
WHEREAS, pedestrian circulation will be enhanced by the construction of
interconnected sidewalks along Northeast 23rd Terrace and Northeast 23rd Street, a continuous
sidewalk along Northeast 24th Terrace, and proposed sidewalks connected to the baywalk by
this proposed T-Plat; and
WHEREAS, the Department of Resilience and Public Works ("RPW') and the PSC have
reviewed the proposed vacation and closure of the Streets and determined that they will not
affect pedestrian access, vehicular traffic circulation, or access for public service vehicles; and
WHEREAS, pursuant to Section 55-15 of the City Code, any funds expended by the
City, including expenditure of restricted funds (bond funds, grant funds, or otherwise) for such
improvements on the Streets proposed for closure, shall be repaid by the Applicant before
recordation of the Final Plat; and
WHEREAS, the Office of Management and Budget ("OMB") has determined that no
funds have been expended by the City for improvements on the Streets proposed for closure;
and
City of Miami Page 2 of 4 File ID: 7997 (Revision: A) Printed on: 1212312020
File ID: 7997
Enactment Number: R-20-0357
WHEREAS, after thorough review, due notice, and an opportunity to be heard has been
afforded to all parties and members of the public, the City Commission approves, with
conditions, the closure and vacating of the Streets;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves the closure, vacation, abandonment, and
discontinuance for public use of the Streets as more particularly described in Exhibit "A",
attached and incorporated, pursuant to Section 55-15 of the City Code.
Section 3. The City Commission's approval has the following conditions:
1) The vacation and closure of these Streets shall be developed in accordance with
the T-Plat survey plans prepared by Santiago A. Dominguez, Professional
Surveyor and Mapper, consisting of three (3) pages dated May 12, 2020 and
batch stamped and approved by the Planning Department in August 2020.
2. The Applicant, owner, or its successor shall meet all applicable development
standards identified in Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended, and all applicable local, county, state, and federal
regulations.
3. The Applicant, owner, or its successor shall provide an access plan for review
and acceptance by the City's Fire -Rescue, Police, Solid Waste, and Capital
Improvements Program ("OC I ")/Office of Transportation Departments.
4. 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 Section 55-10(i) of
the City Code.
5. A Certificate of Occupancy or Temporary Certificate of Occupancy shall only be
issued after all the required subdivision improvements have been completed.
6. The Applicant, owner, or its successor shall comply with the conditions of
approval stated for the Application to vacate and close these Streets in a letter
dated June 15, 2020 issued by RPW.
7. The Applicant shall provide a written request to OCI and RPW to obtain a
Confirmation ("Confirmation"). If the Confirmation indicates that funds were
expended, the City's Finance Department and OMB will determine the amount of
the City's expenditure, specifically including the expenditure of restricted funds
(bond funds, grant funds, or otherwise) for such improvements as a separate line
item, before scheduling a public hearing for the closure with the City
Commission.
8. The City Manager will issue a Total Expenditure, which shall specify the amount
that the Applicant must repay to the City ("Total Expenditure"). Said Confirmation
City of Miami Page 3 of 4 File ID: 7997 (Revision: A) Printed on: 1212312020
File ID: 7997
Enactment Number: R-20-0357
and, if applicable, Total Expenditure must be obtained prior to the scheduling of a
public hearing regarding the vacation and closure before the City Commission.
9. Payment to the City of the amount indicated on the Total Expenditure shall be
paid to the City before recordation of the Final Plat in accordance with Section
55-8 of the City Code.
Section 4. Approval of the requested vacation and closure shall be valid for a period of
four (4) years and shall remain independent of the T-plat during this period. The approved
final plat must be recorded within the four-year approval period of the requested vacation and
closure. Any revised tentative plat submitted for review subsequent to the approved vacation
and closure must be compatible with the approved vacation and closure as determined by the
PSC.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
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i ria i ndez, City Httor ey 10113/2020 i ria i ' ndez, City ttor ey 11/1812020
If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution,
it shall become effective immediately upon override of the veto by the City Commission.
City of Miami Page 4 of 4 File ID: 7997 (Revision: A) Printed on: 1212312020