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HomeMy WebLinkAboutR-95-0432J-95-421 5/25/95 RESOLUTION NO. 9 rR 4 3 2 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF NORTHWEST 3RD AVENUE LYING BETWEEN NORTHWEST 29TH STREET AND NORTHWEST 30TH STREET, (THE "PROPERTY") SAID ACTION BEING A CONDITION FOR THE APPROVAL OF TENTATIVE PLAT NO. 1469 "BUENA VISTA ELEMENTARY SCHOOL", SUBJECT TO THE FOLLOWING CONDITIONS: (A) IN THE EVENT THE USE OF THE PROPERTY AS A SCHOOL IS TERMINATED THE TITLE TO THE PROPERTY SHALL REVERT AUTOMATICALLY, WITHOUT COMPENSATION, TO THE CITY AND (B) ANNUAL PAYMENT TO THE P.I.L.O.T. PROGRAM OF THE CITY BY THE DADE COUNTY SCHOOL BOARD OF AN AMOUNT OF MONEY EQUAL TO THE AMOUNT OF TAXES WHICH WOULD HAVE BEEN GENERATED HAD THE TITLE TO THE PROPERTY REVERTED TO A PRIVATE TAXPAYER. WHEREAS, the Miami Zoning Board at its meeting of April 24, 1995, Item No. 1, duly adopted Resolution ZB 41-95 by a five to three (5-3) vote, RECOMMENDING APPROVAL of the official vacation and closure of a portion of Northwest 3rd Avenue lying between Northwest 29th and Northwest 30th Street, Miami, Florida, subject to conditions; and t WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its residents to grant the vacation and closure of that portion of Northwest 3rd Avenue in question subject to certain conditions and deems it advisable to do so; CITY CQM USSION MEETING OF MAY 2 5 1995 Resolution No. �! — 3 2 R NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI FLORIDA: I Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The portion of Northwest 3rd Avenue lying between Northwest 29th Street and Northwest 30th Street, Miami, Florida,(the "Subject Property") is hereby closed, vacated, abandoned and discontinued for public use, said closure, vacation, abandonment and discontinuance being a condition for the approval of Tentative Plat No. 1469 "Buena Vista Elementary School", subject to the following conditions: (A) in the event the use of the Subject Property as a school is terminated the title to the Subject Property shall revert automatically, without compensation, to the City, and (B) annual payment to the P.I.L.O.T. Program of the City by the Dade County School Board of an amount of money equal to the amount of taxes which would have i been generated by the Subject Property had title reverted to a jprivate taxpayer. Section 3. This Resolution shall become effective immediately upon its adoption. 2 95- 432 � y� r.. PASSED AND ADOPTED this 25th day of May , 1995. STEPHEN P. CLARK, MAYOR ATTEST: Q� MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: It, ., r - J CA UINN JONES,. III I' Y ATTORNEY gmm/W071.D0C �5-- 432 CITY OF MIAMI, FLORIDA i • INTER -OFFICE MEMORANDUM PZw3 a I TO Honorable Mayor and Members DATE : I'AY 1 5 1996 FILE of the City Commission SUBJECT Street Closure of Portion of N.W. 3rd Ave. between 29th and 30th FROM Cesar o REFERENCES Streets City ger ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission approve the street closure request for the portion of N.W. 3rd Avenue lying between N.W. 29th and 30th Streets with the added condition that the applicant will hold the City harmless in the event that the application for Class I Special Permit #95-0118 is not approved by the City of Miami. BACKGROUND Separately, the applicant has applied for Class I Special Permit #95-0118, an exception to Section 333.03(3) F.S., to waive an obstruction -Buena Vista School- in the clear zone of the Miami International Airport from the Zoning Administrator, who has referred the application to the Zoning Board and City Commission. 95- 432 ZONING FACT SHEET LOCATION/LEGAL Portion of N.W. 3rd Avenue lying between N.W. 29th and 30th Streets. (Complete legal description with the Hearing Boards Division) APPLICANT/OWNER The School Board of Dade County 1450 N.E. 2nd Avenue Miami, Florida 33132 ZONING C-2 Liberal Commercial. REQUEST Official vacation, abandonment and closure of N.W. 3rd Avenue lying between Block 11 and 12 of NORTHERN BOULEVARD TRACT SUBDIVISION (2-29) as a condition of the Buena Vista Elementary School Tentative Plat #1469. RECOMMENDATIONS: PLANNING, BLDG & ZONING N/A. PUBLIC WORKS See analysis below. PLAT AND STREET See analysis �elow. DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY Continued from ZB 4/3/95 to ZB 4/24/95. ANALYSIS The Public Works Department and the Plat and Street Committee have studied the proposed closure of N.W. 3rd Avenue between N.W. 29 and 30 Streets and determined that the closure of this roadway will not adversely affect traffic circulation or access for public service vehicles such as trash and garbage trucks, fire, police and/or other emergency vehicles. North West 3rd Avenue is not part of the critical pedestrian and vehicular transportation network for the neighborhood. The Plat and Street Committee has reviewed the tentative plat of Buena Vista Elementary School and determined that all technical requirements contained in the City Code Subdivision Regulations have been met and the closure of this roadway and development of the school would benefit the general public. The Public Works Department and the Plat and Street Committee recommend approval of this street closure request. ZONING BOARD Recommended for approval with the condition that the applicant will hold the City harmless and no building will be built on the portion of the property to be platted which will be vacated, abandoned and closed. 95- 432 APPLICATION NUMBER 95- 367 Page 1 April 24, 1995 :s -,, None c Say: -Qg0....... 1EM 'C'n to a �e : +). T I/ r ) J a I w • \ i a• w = 1/7 = , I \ I 1 • / + 7 1 fn :I '< 'd , • i Jl I • , '1 i0 f 4 ! ) • 6 I. •s 1• n n 1, � r a r, n la:l• [ Itt t t =) H u 4+ 1• �. to 2: d! ,:ro tl I 3 ST N w 32 ROBER7 E. 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(RESOLUTION ZB 41-95 AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION, ABANDONMENT AND CLOSURE OF A PORTION OF N.W. 3RD AVENUE LYING BETWEEN BLOCK 11 AND 12 OF NORTHERN BOULEVARD TRACT SUBDIVISION (2-29) PUBLIC RECORDS OF DADE COUNTY, AS PROVIDED IN THE MIAMI CITY CODE SECTION 54.5-16 (c), AS A CONDITION OF THE BUENA VISTA ELEMENTARY SCHOOL TENTATIVE PLAT #1469, AND SUBJECT TO THE REQUIREMENTS OF THE PLAT AND STREET COMMITTEE. THIS OFFICIAL VACATION, ABANDONMENT AND CLOSURE OF A PUBLIC RIGHT-OF-WAY WAS GRANTED WITH THE CONDITION THAT THE APPLICANT WILL HOLD THE CITY HARMLESS AND THAT NO BUILDING WILL BE BUILT ON THE PORTION OF THE PROPERTY TO BE PLATTED WHICH WILL BE VACATED, ABANDONED AND CLOSED. Upon being seconded by Mr. Arsenio Milian the motion was passed and adopted by the following vote: AYES: Mses. Basila and Morales. Messrs. Moran-Ribeaux, Milian and Crespo. NAYES: MJ.Hernandez, Mr. Barket & Mr. Hernandez ABSENT: Messrs. Luaces and Carman. Ms. Fernandez: Motion carries 5-3. April 24, 1995 Item# 1 Zoning Board 95- 432 CITY OF M. J DEPARTMENT OF ADMINISTRATION FOR PLANNING AND ZONING P. O. BOX 330708 MIAMI, FLORIDA 33133 TELEPHONE NUMBER (305) 579-6082 APPLICATION FOR PUBLIC HEARING BEFORE THE ZONING BOARD (Land Fill and Dredge: Vacation of Street or Alley; waiver of Development of Parking; Siting Adjustment A other as required). REQUIREMENTS: 1. Surveys, sketches, plans, as required (see supplemental requirement sheets). 2. Affidavit by the owner of the property, or his attorney, that all facts as represented in the application are true and correct. 3. Certified list of owner of real estate within 375' radius from the outside boundaries of the subject parcel. 4. Fee of $10,076.55 to apply toward cost of processing, as follows: Vacation of public right-of-way: Per _square foot of right-of-way .......................$ .75 Minimum...............................$1,000.00 266.03 +/- Total Feet 2&v- • 03c 50 7Qo.vJ. 5. All documents, reports, studies, exhibits, or other written or graphic materials, if any, to be used by the applicant in support of the application shall be submitted with and be a part of this application. DATE_ January 16, 1995 The undersigned, being the owner or representative of the owner, of the property located at 2915 N.W. 3rd Avenue — Miami. Florida 33127 And More Particularly Described As,: Lot(S) See attached sheet for Block complete legal description of Property Subdivision_ subject to platting do(es) respectfully petition and request: Express purpose is to close, vacate and discontinue from public usage all that portion of N.W. 3rd Avenue lying between said Blocks 11 and 12 of NORTHERN BOULEVARD TRACT, recorded in Plat Book 2 at Page 29 of the P.R.D.C. Fla., as a condition for approval of Tentative Plat No. 1469 BUENA VISTA ELEMENTARY SCHOOL. SIGNED ADDRESS (zip)PHONE 1450 N.E. Second Ave. 945-1429 Betsy H. Kaplan, Chairperson The Sch6o1-86ara of Dade County, Florida This form must be notarized ';[All: Of FLOR1111, COUNTS' OF n4m. tit;orn to and subscribed before me, this 3 l •7 day of, , �r• k I () LEGAL DESCRIPTION OF LANDS SUBJECT TO PLATTING LOTS 8 THRU 17, BLOCK 11 "NORTHERN BOULEVARD TRACT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2 AT PAGE 29 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. :wi LOTS 1 THROUGH 23 IN BLOCK 12. OF "NORTHERN BOULEVARD TRACT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, AT PAGE 29 OF THE PUBLIC RECORDS OF DADE. COUNTY, FLORIDA. ' EXCEPTING T EFROM: THE SOUTHEASTERLY EXTERNAL AREA OF BLOCK 12, FORMED BY A 25 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST AND TANGENT TO THE* SOUTH AND EAST LINES OF SAID BLOCK 12. SAID EXTERNAL AREA BEING DEDICATED TO THE CITY OF MIAMI FOR RIGHT-OF-WAY PURPOSES AS PER O.R. BOOK 14,335, AT PAGE 2170 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF THE 50 FOOT WIDE RIGHT-OF- WAY OF N.W. 3RD AVENUE LYING BETWEEN SAID BLOCK 11 AND 12, TO BE CLOSED, VACATED AND DISCONTINUED FROM PUBLIC USAGE. 95- 432 1 .. AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Betsy H. Kap lam , who being by me first duly sworn, upon oath, deposes VW says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, -Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit..and made a part thereof. 2. That all owners which he represents, if any, has given their full and complete penission for his to age in their behalf for the change or modifica- tion of a classification or regulation of toning as set out in the accompanying petition. 3. That the pages attached hereto and made a part'of this affidavit contain the current na ms, smiling addresses, phone numbers and legal descriptions for the the reai'property 4f which he is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affien4 sayith not. `nm Schao•1. Board o County, Florida SEAL] Betsy H. Ka4an, i rson Sworn to and Subscribed before me this day of Vi8'Y1�; �� , 14�'� >1� ���� 0/X za-j Notary Public, State of Florida at Large My Commission Expires: M4 :CE DE LA PAZ 432 ja P b`Y cot A^ C 173437 E?G . L:: Feb u; ry 10, 1996 cF �� Soand Thm N^� POW Und tarite� DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: All that portion of the 50 foot Right -of -Way of N.W. 3rd Avenue lying between Blocks 11 and 12 of NORTHERN BOULEVARD TRACT, recorded in Plat Book 2 at Page 29 of the PUBLIC RECORDS OF DADE COUNTY, FLORIDA located at 2915 N.W. 3rd Ave., Miami, Florida; sought to be closed and vacated. 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 02 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Lots 8 thru 17) Block 11 and Lots 1 thru 23, Block 12, NORTHERN BOULEVARD TRACT, recorded in Plat Book 2 at Page 29 of the Public Records of Dade County, Florida. THE SCHOOL BOARD OF DADE'COUNTY, FLORIDA 1450 N.E. Second Avenue Miami, Florida 33132 100% Ownership 3. Legal description and street address of any real property (a) owned by any party listed in answer to question /2, and (b) located within 373 feet of the subject real property. None. _ Zhe School- Board of -Dad unty, Florida Betsy H. Kaplan, irperson STATE OF FLORIDA } SS: COUNTY OF DADi< } Betsy H. Kaplan - , being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question 01, above; that he has read the foregoing answers and that the sass are true and complete; and (if acting as attorney -for owner) that he has. authority to exegete the Disclosure of Ownership form on behalf of the owner the School- Board of a rty, Florida' • (SEAL) Betsy KaplanLilairperson SWORN TO AND SU SCRIOED before me this day ofV12- 1�i� Notary Public, State of Florida at Large MY COMMIS !.r •_1r' DS LA PAZ i P'I C :,J.1 # CC 173417 r L Fr :.:: 7 ID. ] 995 •r. C P: -� Nry P.'3llc urr•MT 4m 9 5f 432 DADS C01 ,DUTY PUBLIC SCHOOLS DIVIS,ON OF SITE PLANNING & GOVERNMENT LIAISON - 1444 BISCAYNE BLVD., SUITE 302 - MIAMI, FLORIDA 33132 (305) 995-7280 Octavio J. Visiedo Superintendent of Schools City of Miami Ms. G. Miriam Maer Chief Assistant City Attorney City Attorney's Office 300 Biscayne Blvd. Way, Suite 300 Miami, Florida 33131 Dear Ms. Maer: March 28, 1995 Dade County School Board Ms. Betsy H. Kaplan, Chairperson Mr. G. Holmes Braddock, Vice -Chairperson Dr. Rosa Castro Feinberg Dr. Michael Krop Ms. Janet R. McAliley Mr. Robert Renick Ms. Frederica S. Wilson Please be advised that the School Board, at its meeting of March 22, 1995, approved agenda item K-26 (see enclosed item and certified copy of minutes) dealing with the authority of the Superintendent to represent the School Board at public hearings dealing with issues impacting the school district and authorizing the Superintendent to delegate this authority to staff. In addition, I faxed copies of Florida Statutes 230.03(2), 230.15, 230.21 and 230.23(2) to you on March 22, 1995, dealing with the organizational structure of the school district and the responsibility of the Chairperson in the administration of all property to which title is held by the School Board. It is my expectation that collectively, these documents will address the concerns raised by the City of Miami dealing with the authority of the Chairperson and Superintendent to sign certain documents and to designate staff to represent the district at public hearings. If you still believe that there is an issue in this regard, please contact Mr. Johnny Brown, Assistant School Board Attorney, at 995-1304, as soon as possible. Otherwise, I will assume that the participation of the school district in the public hearing scheduled for April 3, 1995, will not be an issue, and that the procedure for future meetings of this type will be set and agreed to by the City. Thank you. MAL:dt L-0084 Enclosure cc: Dr. Kathryn Wilbur Mr. Johnny Brown Ms. Teresita Fernandez (n'cerely, i� MehalA. Supervisor H 95- 4.32 3 C l4- Office of Superintendent of Schools Board Meeting of March 22, 1995 Office of the Superintendent Alan T. Olkes, Chief of Staff March 21, 1995 SUBJECT: DESIGNATION OF STAFF MEMBERS FOR APPEARANCES AT PUBLIC HEARINGS ON BEHALF OF THE SCHOOL BOARD OF DADE COUNTY, FLORIDA The Board, as owners of property within county and municipal limits, has the right to make requests of local governments through established processes. These requests are typically in the context of applications for variances, zoning exceptions, special or conditional use permits, as well as opposition to proposed changes which may negatively impact schools (e.g., residential rezoning, liquor variances). The forum for discussion and decision on these requests varies among the different local governments and with the specific issues involved; however, the majority involve public hearings before appointed or elected boards, councils and commissions. In many of these public hearings, the owner of the property for which the request is made must be present in order for.the board, council or commission to initiate discussion and/or action on the request. Failure of the owner to appear results in a deferral of the request to a later meeting and delays its ultimate disposition. For purposes of these public hearings for school related issues, Board members and/or Board attorneys are defined to be the appropriate property owners or representatives. As a courtesy, local boards, councils and commissions have traditionally permitted Dade County Public School (DCPS) staff to speak to the issues on behalf of the Board where that staff person has represented that he or she is attending in that capacity. However, there is a growing concern within some local governments, that staff and consultants holding themselves as representatives of an entity may not be designated to act in that capacity. These governments are requiring the filing of documents specifically naming those staff persons authorized to act on behalf of the Board for purposes of the public hearing. As long as one owner or..designated representative is present for the hearing, discussion of the request can be initiated and other DCPS staff and oonsultants have the ability to speak in an informational capacity and to address questions or concerns of the public body. The City of Miami had previously agreed to a specific procedure in order to allow district staff to represent the Board at public hearings. The City has now expressed concerns as to the legitimacy of the current arrangement and has indicated that district staff will no longer be permitted to speak on the Board's behalf until information is transmitted to substantiate the designated authority to represent. The next public hearing impacting the district is scheduled for April 3, 1995. Page 1 of 2 EMERGENCY K-26 It is recommended that the Board authorize the Superintendent to represent the Board at public hearings dealing with issues impacting the school district and authorize the Superintendent to delegate this authority to appropriate district staff as necessary. RECOMMNDED: That 'Ilse School Board of Bade County, Florida: 1) = authorize the Superintendent to represent the Board at public hearings dealing with issues impacting the school district, and; 2) authorize the Superintendent to delegate this authority to appropriate district staff as necessary. MAL & Page 2 of 2 95- 432 1,T STATE OF FLORIDA) ) SS COUNTY OF DADE ) HEREBY CERTIFY that the following is a true and correct copy of Paragraph No. 88,457, as appears of record in the minutes of the March 22, 1995 School Board meeting. K-26 Upon recommendation of the Superintendent and Mr. Alan T. Olkes, Chief of Staff, Office of the Superintendent, Mr. Renick moved that The School Board of Dade County, Florida: 1. authorize the Superintendent to represent the Board at public hearings dealing with issues impacting the school district; and 2. authorize the Superintendent to delegate this authority to appropriate district staff, as necessary. Ms. McAliley seconded the motion; and upon vote being taken, the same carried unanimously. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of The School Board of Dade County, Florida, on this 28th day of March, 1995. Ilea Menendez, Rec rding Secretary The chool Board of D9de County, Florida SEAL I(P 95- 432 NOTICE TO THE PUBLIC AND PARTICULARLY TO OWNERS OF REAL ESTATE WITHIN 375 FEET OF Portion of N.W. 3rd Avenue J,ying between N.W. 29th and 30th Streets. A PUBLIC HEARING will be held by the City of Miami City Commission on Thursday, May 25, 1995 at 4:30 PM , in City Hall, 3500 Pan American Drive, Dinner Key, to consider the foll.,wing: Consideration of officially closing, vacating, abandoning and discontinuing the public use of that portion of N.W. 3rd Avenue lying between Block 11 and 12 of NORTHERN BOULEVARD TRACT SUBDIVISION (2-29) as a condition of the Buena Vista Elementary School Tentative Plat #1469. l :t7 c- ;ii The PETITIONER or the PETITIONER'S LEGAL REPRESENTATIVE must be present at this Hearing. All interested real estate owners are invited to express their views. The request and %supporting papers for this Public Hearing are on file at the Planning,- Building and Zoning Department:, 275 N.W. gnu Street, 2nd Floor, Miami, Florida, and are available for public review during working hours. Phone: 579-6800. Should any person desire to appeal any decision of the City Commission with respect t� any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F/S 286.0105). CITY ORDINANCE NUMBER 10087 ADOPTED MARCH 18, 1986, AS AMENDED, GENERALLY REQUIRES ALL PERSONS WHO ARE APPEARING IN A PAID OR REMUNERATED CAPACITY BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION TO REGISTER WITH THE CITY CLERK BEFORE ENGAGING IN LOBBYING ACTIVITIES. A COPY OF SAID AMENDED ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. 05/12/95 35- A-32