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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-20-0357 Title: 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. LOCATION: Approximately NE 23rd St to the South, NE 24th St to the North, NE 4th Av to the West, and Biscayne Bay to the East [Commissioner Ken Russell - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of 24 Plaza Corp PURPOSE: This will allow the closure, vacation, abandonment, and discontinuance for public use of various streets generally located within the roadway boundaries of NE 23rd St to the South, NE 24th St to the North, NE 4th Av to the West, and Biscayne Bay to the East. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions Planning, ZONING AND APPEALS BOARD: Recommended approval with conditions on October 7, 2020, by a vote of 7-0. City of Miami Legislation Resolution Enactment Number: 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 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 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 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: 1 ! ji� 4MHez, City Httvr ey 10/1312020 jinia , City Httor ey 11/1812020 Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified instead of the Original Version. 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.