HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL, BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
City of Miami
City Hall
3500 Pan American Drive
Legislation
Miami, FL 33133
www.miamigov.com
Resolution: R-20-0357
File Number: 7997
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 ("PZAB"), 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 conditionp of the
requested vacation and closure; and =; N
�n
WHEREAS, pursuant to Section 55-15 of the Code of the City of Miami, Floras
amended ("City Code"), the property owner, 24 Plaza Corp. ("Applicant"), is proposib° close
and vacate five (5) streets located within the roadway boundaries of Northeast 23rd 9itieetq@ the-Ti
south, Northeast 24th Street to the north, Northeast 4th Avenue to the west, and Bi09_Yne$ay :
to the east, namely Northeast 5th Avenue, Northeast 6th Avenue, Northeast 7th Avg, = M
portions of Northeast 23rd Terrace, and portions of Northeast 24th Street, as more poici.7=rly CD
described in Exhibit "A", attached and incorporated (collectively, "Streets"), through t19
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: 1211712020
7997 Legislation -SUB
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
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 P§kC, Ike
reviewed the proposed vacation and closure of the Streets and determined that they APRno
affect pedestrian access, vehicular traffic circulation, or access for public service veh- s; tl
WHEREAS, pursuant to Section 55-15 of the City Code, any funds expende thy°
City, including expenditure of restricted funds (bond funds, grant funds, or otherwi2t w�
improvements on the Streets proposed for closure, shall be repaid by the Applicant 41�orC-- '71
recordation of the Final Plat; and •• CD
x �
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: 1211712020
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
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 ("OCI")/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 Q; ,",
approval stated for the Application to vacate and close these Streets in Xlettom
dated June 15, 2020 issued by RPW. CI o
r-
7. The Applicant shall provide a written request to OCI and RPW to obtw_:�-a _ C7
Confirmation ("Confirmation"). If the Confirmation indicates that fund re °D
expended, the City's Finance Department and OMB will determine hawt of
the City's expenditure, specifically including the expenditure of restlriel fu? s M
(bond funds, grant funds, or otherwise) for such improvements as a sQara4e 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: 12/17/2020
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
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:
ria I dez, Cify Attor iey 1011312020 ria-rvrd6k, C ity Attor iey 11/18/2020
N
clog
C_1W
n
� r
3 M
+?1
r�
3�
Z
' 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: 1211712020
SUBSTITUTED
City of Miami
City Hall
_
3500 Pan American
Legislation
Miami, FL 331"
www.miamigo
Resolution
File Number: 7997
Final AcAon Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE LOSURE,
VACATION, ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC SE OF FIVE
(5) STREETS GENERALLY LOCATED WITHIN THE ROADWAY BO DARIES OF
NORTHEAST 23RD STREET TO THE SOUTH, NORTHEAST 24T TREET TO THE
NORTH, NORTHEAST 4TH AVENUE TO THE WEST, AND BISC NE BAY TO THE
EAST, NAMELY NORTHEAST 5TH AVENUE, NORTHEAST 6T AVENUE,
NORTHEAST 7TH AVENUE, PORTIONS OF NORTHEAST 2 D TERRACE, AND
PORTIONS OF NORTHEAST 24TH STREET, AS MORE P TICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORP ATED, PURSUANT TO
SECTION 55-15 OF THE CODE OF THE CITY OF MIA , FLORIDA, AS AMENDED;
MAKING FINDINGS; CONTAINING A SEVERABILITY LAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Plat and Street Committee ("P C"), at its meeting on June 9, 2020,
reviewed the subject tentative plat titled "Island Bay entative Plat #1893-H (Eighth resubmittal)"
("T-Plat") and determined that all technical requir ents have been met and by a vote of six to
zero (6 - 0), recommended approval with condif ns of the requested vacation and closure; and
WHEREAS, the Planning, Zoning a Appeals Board ("PZAB"), at its meeting on
October 7, 2020, following an advertised blic hearing, adopted Resolution No. PZAB-R-20-
036 by a vote of seven to zero (7-0), Ite No. 1, recommending approval with conditions of the
requested vacation and closure; and
-rS n cm
tV
cm
WHEREAS, pursuant to S ion 55-15 of the Code of the City of Miami, Flom a
amended ("City Code"), the pro rty owner, 24 Plaza Corp. ("Applicant"), is propos o olvse i ,l
and vacate five (5) streets to ed within the roadway boundaries of Northeast 23rdcee th
south, Northeast 24th Stree o the north, Northeast 4th Avenue to the west, and Bigo0ne�ay
to the east, namely North st 5th Avenue, Northeast 6th Avenue, Northeast 7th Av&me, � M
portions of Northeast 23 Terrace, and portions of Northeast 24th Street, as more icuwy p
described in Exhibit " ' , attached and incorporated (collectively, "Streets"), through thF
replatting process; d
WHEREA, this proposed closure and vacation of the Streets is part of the T-Plat; and
the Streets are located within a T6-36A-L, "Urban Core Transect Zone —
Limited";
WWEREAS, existing utilities located within the same areas as the Streets proposed to be
and vacated by this T-Plat must be relocated or easements provided pursuant to a
m from the PSC; and
WHEREAS, the average age of the recorded plats for the Applicant's surrounding
property's four (4) parcels is 85 years; and
SUBSTITUTED
WHEREAS, the Applicant, through this T-Plat, is proposing to unify and modernize the
surrounding property 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 se ces to
its residents; and
WHEREAS, the two (2) East — West Streets (Northeast 23rd Terrace an ortheast 24th
Street) proposed to be closed and vacated by this T-Plat terminate at Biscayn ay; and
WHEREAS, as a result, general public circulation will be improved the proposed
development, which includes the construction of a 560-foot public bay w and the creation of a
play street at the end of Northeast 23rd Street; and
WHEREAS, the proposed closure and vacation of the Stre , as proposed by this T-
Plat, will have a negligible impact on the accessibility of public se ice vehicles; and
WHEREAS, the Applicant's dedicated public ingress/ ress easements, as proposed by
this T-Plat, will negate the closure and vacation of the Stre s; and
WHEREAS, based on the proposed design of t i T-Plat, the ability for police, fire, and
emergency services response times will be enhance y 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 ill be enhanced by the construction of
interconnected sidewalks along Northe 6t 23rd Terrace and Northeast 23rd Street, a continuous
sidewalk along Northeast 24th Terra , and proposed sidewalks connected to the baywalk by
this proposed T-P/andre
N
c o
WHEREAepart nt of Resilience and Public Works and the PSC h+3re:v�rvec
the proposed vaccl ure of the Streets and determined that they will not aft _
pedestrian accesl traffic circulation, or access for public service vehicles.,* wWHEREAant to Section 55-15 of the City Code, any funds expende4Fr theCity, including exof restricted funds (bond funds, grant funds, or otherwis,67 gr sFhimprovements onets proposed for closure, shall be repaid by the Applicant b%br —recordation of thelat; and
WHEREAS, the Office of Management and Budget has determined that no funds have
been expend by the City for improvements on the Streets proposed for closure; and
W-IEREAS, after thorough review, due notice, and an opportunity to be heard has been
od to all parties and members of the public, the City Commission approves, with
ons, the closure and vacating of the Streets;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
MIAMI, FLORIDA:
ESUBSTITUTED
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. j
Section 3. The City Commission's approval has the following conditions:
1) The vacation and closure of these Streets shall be developed in acc dance with
the T-Plat survey plans prepared by Santiago A. Dominguez, Prof sional
Surveyor and Mapper consisting of three (3) pages dated MaV1, 2020 and
batch stamped and approved by the Planning Department inst 2020.
2. The Applicant, owner, or its successor shall meet all applig0ble development
standards identified in Ordinance No. 13114, the Zoning rdinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), and al pplicable local, county,
state, and federal regulations.
3. The Applicant shall provide an access plan for r ew and acceptance by the
City's Fire -Rescue, Police, Solid Wa/',
ital Improvements
Program/Office of Transportation De
4. A building permit, including phased pot be issued on the property
being platted until the final plat is recauthorized by Section 55-10(i) of
the City Code.
5. A Certificate of Occupancy or Tepporary Certificate of Occupancy shall only be
issued after all the required su ivision improvements have been completed.
6. The Applicant, owner, or it uccessor shall comply with the conditions of
approval stated for the A lication to vacate and close these Streets in a4tteg
dated June 15, 2020 is ed by the Department of Resilience and PublicAorlt
car=+ rci
7. The Applicant shall rovide a written request to the City's Office of Capja`T
_-�D
i rl
Improvements a Department of Resilience and Public Works to obt
r7
Confirmation (" onfirmation"). If the Confirmation indicates that funds wr'
expended, th City's Finance Department and Office of Management j Baet
nj
will determi a the amount of the City's expenditure, specifically inclurltheCD
expendit a of restricted funds (bond funds, grant funds, or otherwissz
improv ents as a separate line item, before scheduling a public hearing forthe
closu with the City Commission.
8. T?b City Manager or his or her designee will issue a Total Expenditure, which
all 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.
SUBSTITUTED
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 referenced tentative 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 t
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 adoptio
APPROVED AS TO FORM AND CORRECTNESS:
EAt6riadez, Cify Attor iey 10/13/2020
O
'T7
N
p
'T7
IV
C
rn
"ID
C
rt
'cD
r*s