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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-23-0037 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE A PORTION OF A PRIVATE ALLEY GENERALLY BOUNDED BY NORTHWEST 38 STREET TO THE NORTH, NORTHWEST 22 COURT TO THE EAST, NORTHWEST 36 STREET TO THE SOUTH, AND NORTHWEST 23 AVENUE TO THE WEST, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 2291 Northwest 36 Street [Commissioner Alex de la Portilla — District 1] APPLICANT: Maria Gralia, Esq. on behalf of Blue Casl Dade, LLC PURPOSE: To vacate, abandon, and discontinue a throughfare from public use a private alley of approximately 10 ft. in width and 134 ft. in length. The alley is generally bounded by Northwest 38 Street, Northwest 22 Court, Northwest 36 Street, and Northwest 23 Avenue. The site is part of Alto Tower - Tentative Plat #1990. FINDING(S): PLAT & STREET COMMITTEE: Recommended approval. PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On November 2, 2022 recommended approval, by a vote of 9-0. City of Miami Legislation Resolution Enactment Number: R-23-0037 File Number: 12830 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:1/12/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE A PORTION OF A PRIVATE ALLEY GENERALLY BOUNDED BY NORTHWEST 38 STREET TO THE NORTH, NORTHWEST 22 COURT TO THE EAST, NORTHWEST 36 STREET TO THE SOUTH, AND NORTHWEST 23 AVENUE TO THE WEST, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Blue Casl Dade LLC ("Applicant") submitted an application to the City of Miami ("City") 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 a private alley; and WHEREAS, the private alley runs north to south and abuts the Applicant's property located at 2291 Northwest 36 Street, as more particularly described in Exhibit "A", attached and incorporated ("Private Alley"); and WHEREAS, the Private Alley dimensions are approximately 10 feet (wide) x 134.44 feet (length), and its total area is approximately 1,314 square feet (0.030 acre); and WHEREAS, the Private Alley is located within 76-8-0", Urban Core Transect Zone under Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") and "General Commercial" under the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, pursuant to Chapter 55, Section 55-15 of the City Code, the Applicant is requesting, through the replatting process, to vacate and close the Private Alley; and WHEREAS, pursuant to the Miami 21 Code, Article 2, Sections 2.1.2.b.3. and 2.1.3.3.b., and the MCNP's Goal CI-1 and Goal TR-1, the Applicant's proposal to close, vacate, abandon, and discontinue the Private Alley has been determined to be in compliance; and WHEREAS, the Applicant has two other linked "affordable housing" - multifamily residential applications (PZ-21-11631: 2267 NW 36 ST-Warrant and BD22016256001) that will follow the completion of this proposed vacation and closure application; and WHEREAS, the Private Alley is exclusively used by the property owners of lots within the Garden City Subdivision and is not part of the City's pedestrian and vehicular traffic circulation network; and WHEREAS, the Applicant is providing a 10-foot wide three-dimensional ingress/egress pedestrian access easement for the exclusive use of the owners of lots within the Garden City Subdivision; and WHEREAS, the City's Plat and Street Committee (the "Committee"), at its meeting of October 7, 2021, reviewed the Applicant's "ALTO TOWER - TENTATIVE PLAT #1990" and the included proposed closure based on four criteria in making their recommendations to the Planning, Zoning, and Appeals Board ("PZAB"), pursuant to Chapter 55, Section 55-15 of the City Code; and WHEREAS, the Committee recommended approval of the Applicant's "ALTO TOWER - TENTATIVE PLAT #1990" subject to specified revisions being made to the Applicant's "ALTO TOWER - TENTATIVE PLAT #1990", additional information being provided, and/or variances being granted; and WHEREAS, based on the Committee's approval of the Applicant's "ALTO TOWER - TENTATIVE PLAT #1990", the Planning Department defers to the Committee's findings and recommends approval of the vacation and closure of the Private Alley with conditions; and WHEREAS, the request to vacate and close this Private Alley conforms to the policies and goals of the MCNP and is found to be consistent; and WHEREAS, the request to vacate and close this Private Alley conforms to the policies and goals of the Miami 21 Code and is found to be consistent; and WHEREAS, pursuant to Chapter 55, Section 55-15 of the City of Miami Code of Ordinances, and the findings, the Planning Department recommends approval with conditions of the vacation and closure of the Private Alley as proposed in the Applicant's "PZD-09 TOWER - TENTATIVE PLAT #1990"; and WHEREAS, pursuant to Chapter 55, Section 55-15(c) of the City Code, the Private Alley shall revert to the abutting property owner(s) pursuant to such Section; and WHEREAS, based on the letters from the Office of Capital Improvements and the Department of Resilience and Public Works, respectively dated November 23, 2021 and November 2, 2021, those departments researched and confirmed that, based on their records, no City projects involving the Private Alley to be closed and vacated by the subject plat occurred; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 2, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22- 055 by a vote of nine to zero (9-0), Item No. PZAB. 1, recommending approval with conditions of the proposed closure; 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 City Commission found that there was substantial evidence in the record to approve with conditions the closure and vacating of the Private Alley; 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 discontinuation of a Private Alley bounded by Northwest 38 Street to the north, Northwest 22 Court to the east, Northwest 36 Street to the south, and Northwest 23 Avenue to the west, Miami, Florida, as more particularly described in Exhibit "A", with the following conditions: 1. The closure and vacation of the single Private Alley shall be developed in accordance with the survey plans entitled "ALTO TOWER - TENTATIVE PLAT #1990" consisting of two sheets, digitally signed and sealed by Alberto J Rabionet, P.S.M. No. 7218 State of Florida, on November 22, 2021, using a Digital Signature. 2. The Applicant, owner, and any successor shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations. 3. The Applicant, owner, and any 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. 6. The City reserves the right to inspect the site to ensure compliance with the conditions listed. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. Approval of the vacation and closure shall be valid for a period of four years and shall remain independent of the referenced tentative plat during this period. Section 5. The approved final plat must be recorded within the four-year approval period of the requested vacation and closure. Section 6. This Resolution shall be effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: l 1 i ria i : nde` z, City Attor iey 11/15/2022 i ria i ndez, Uy Httor iey 1/1912023 Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified instead of 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.