HomeMy WebLinkAboutR-22-0369City of Miami
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Resolution R-22-0369
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Legislation
File Number: 12292
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/22/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, PURSUANT TO CHAPTER 55, SECTION
55-15(C) OF THE CITY OF MIAMI CODE OF ORDINANCES, AS AMENDED,
THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR
PUBLIC USE ONE (1) 326.33 FOOT LONG AND SIX-FOOT WIDE PLATTED
UTILITY EASEMENT, BOUNDED BY NORTHEAST 64 TERRACE TO THE
NORTH, FLORIDA EAST COAST RAILWAY TO THE EAST, NORTHEAST 62
STREET TO THE SOUTH, AND NORTHEAST 2 AVENUE TO THE WEST,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A
; AND PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY CLAUSE
WHEREAS, Magic City Properties IV, LLC (the "Applicant") has submitted an application
pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami, Florida, as amended
("City Code") for the closure and vacation of one (1), six (6) foot platted Utility Easement (the
"Utility Easement"); and
WHEREAS, the Utility Easement is located within properties zoned as "D1," Work Place
District Zone; and
WHEREAS, the Utility Easement is located within the Magic City Innovation District
Special Area Plan (the "Magic City SAP") Overlay; and
WHEREAS, pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami,
Florida, as amended ("City Code"), the property owner, the Applicant, is requesting, through the
replatting process, to vacate and close from public use one (1) six (6) foot wide, 326.33-foot
long platted utility easement that runs east to west and north to south through a portion of the
site that has a total area of approximately 1,958 square feet (0.045 acre) the Utility Easement;
and
WHEREAS, based upon the Plat and Street Committee's findings at their Plat and Street
Committee meeting on June 9, 2020, and the staffs analysis, the Planning Department
recommends the Approval with Conditions of the Applicant's request to vacate and close from
public use one Utility Easement; and
WHEREAS, the Magic City SAP contemplates the platting and closure of rights -of -ways
and easements, including this utility easement, to develop the proposed plan; and
WHEREAS, the Applicant proposes replatting of the following six (6) properties: 415
Northeast 62 Street, 401 Northeast 62 Street, 415 Northeast 62 Street, 6300 Northeast 4
Avenue, 6301 Northeast 4 Avenue, 6350 Northeast 4 Avenue, and 6380 Northeast 4 Avenue,
Miami, Florida, (collectively the "Property"); and
City of Miami Page 1 of 4 File ID: 12292 (Revision: A) Printed On: 1112212022
File ID: 12292 Enactment Number: R-22-0369
WHEREAS, the Utility Easement is approximately 138,471 square feet (3.178 acres) in
size and is composed of Tract A and Tract B; and
WHEREAS, the Utility Easement is part of the Magic City SAP approved on June 27,
2019, by the Ordinance No. 13849; and
WHEREAS, the Utility Easement is a "general platted utility easement" that is not
specific to any one utility; and
WHEREAS, the request to vacate and close this Utility Easement conforms to the
policies and goals of the Miami Comprehensive Neighborhood Plan and is found to be
consistent; and
WHEREAS, the request to vacate and close this Utility Easement conforms to the
policies and goals of the Miami 21 Zoning Code and is found to be consistent; and
WHEREAS, based on the Applicant's Letter of Intent, the Utility Easement is part of the
first phase of the Special Area Plan that was approved to be developed with new buildings
pursuant to the Magic City SAP Master Plan, and the existing Utility Easement is not necessary
to provide service to the proposed new development; and
WHEREAS, the request to vacate and close this Utility Easement aligns with the
Applicant's Development Agreement that authorizes the City of Miami to allow the developer to
establish the allocation of land for building sites and therefore, the Applicant's request is
consistent; and
WHEREAS, pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Zoning Code, the
Planning Department has made referrals to the following agencies: Office of Zoning,
Neighborhood Service Center — Little Haiti Service Center at Arthur E. Teele Jr. Community
Center, Office of Code Compliance, and the Department of Resilience and Public Works; and
WHEREAS, at the June 9, 2020, Plat and Street Committee meeting, the Plat and Street
Committee (the "Committee") approved the Applicant's "MCID 1 - Tentative Plat #1956-A (First
Resubmittal)" involving the vacating and closing of a single Utility Easement from public use;
and
WHEREAS, the Committee's reviewed the application for compliance with all technical
requirements of Chapter 55 and the criteria set forth in Section 55-15 of the City Code; and
WHEREAS, pursuant to Chapter 55, Section 55-15 of the City Code, and the findings,
the Planning Department supports the Committee's approval of the vacation and closure; and
WHEREAS, the vacating and closing of the utility easement is an element to the success
of the Magic City SAP Area's objectives in providing Public Open Space/Civic Space,
Pedestrian/Vehicular Circulation, and Thoroughfares/Frontages, as illustrated in the Applicant's
"Magic City Innovation District Area Plan Concept Book"; and
WHEREAS, pursuant to Chapter 55, Section 55-15(c) of the City Code, the Planning,
Zoning and Appeals Board ("PZAB") is designated as the authority to render decisions
pertaining to the proposed closure and vacation of the abovementioned easements; and
City of Miami Page 2 of 4 File ID: 12292 (Revision: A) Printed on: 1112212022
File ID: 12292
Enactment Number: R-22-0369
WHEREAS, the Department of Public Works and the Plat and Street Committee have
studied the subject vacation and closure and determined that it will not affect pedestrian or
vehicular traffic circulation or access for public service; and
WHEREAS based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, the PZAB
finds that there is substantial evidence in the record to recommend to the City Commission the
approval with conditions of the closure and vacating of the above -mentioned Easements; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 6,
2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-020 by a vote
of nine to zero (9-0), Item No. 7, recommending approval with conditions of the closure,
vacation, abandon, and discontinue for public use of one (1) 326.33 foot long and six-foot wide
platted utility easement bounded by Northeast 64 Terrace to the north, Florida East Coast
Railway to the east, Northeast 62 Street to the south, and Northeast 2 Avenue to the west,
Miami, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE 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 one (1) 326.33 foot long and six-foot wide platted utility
easement bounded by Northeast 64 Terrace to the north, Florida East Coast Railway to the
east, Northeast 62 Street to the south, and Northeast 2 Avenue to the west, Miami, Florida, with
the following conditions:
1. The closure and vacation of the Utility Easement shall be developed in accordance with
the survey plans entitled "MCID 1 - Tentative Plat #1956-A (First Resubmittal)"
consisting of two sheets, digitally signed and sealed by Geoffrey Leiter, P.S.M. No. 6395
State of Florida, on April 16, 2021, using a Digital Signature.
2. The Applicant, owner or their successor shall meet applicable development standards
identified in the Miami 21 Zoning Code and all applicable local, county, state, and federal
regulations.
3. The Applicant, owner, or their successor 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.
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 shall only be issued after all the required subdivision
improvements have been completed, or as permitted by the Magic City SAP
Development Agreement.
6. The City reserves the right to inspect the site to ensure compliance with the conditions
as listed.
7. The Applicant, owner or their successor shall comply with the conditions of approval
stated for the Application to vacate and close this Utility Easement, as set forth in a letter
dated June 9, 2020, issued by the Department of Resilience and Public Works.
City of Miami Page 3 of 4 File ID: 12292 (Revision: A) Printed on: 1112212022
File ID: 12292
Enactment Number: R-22-0369
The Applicant shall provide a written request to the City's Office of Capital
Improvements and Department of Resilience and Public Works to obtain a
Confirmation ("Confirmation"). If the Confirmation indicates that funds were
expended, the City's Finance Department and Office of Management and Budget
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.
The City Manager or his or her designee 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, or before the PZAB for the Alternative
Method under the City Code Section 55-15(i) and 0) of the City Code, 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, or before scheduling for PZAB consideration for the Alternative Method
under the City Code Section 55-15(i) and 0) of the City Code.
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, or before scheduling for PZAB consideration for the
Alternative Method under the City Code Section 55-15(i) and 0) of the City Code.
Section 3. This Resolution shall become effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
1
ity Httor ey 11117/2022
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' This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 or upon the effective date stated
herein, whichever is later.
City of Miami Page 4 of 4 File ID: 12292 (Revision: A) Printed on: 1112212022