HomeMy WebLinkAboutR-24-0080City of Miami
Resolution R-24-0080
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15336 Final Action Date: 2/22/2024
A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING THE CLOSURE,
VACATION, ABANDONMENT, AND DISCONTINUANCE FOR USE A TEN (10)
FOOT WIDE PRIVATE ALLEY GENERALLY BOUNDED BY NORTHEAST 19
STREET TO THE NORTH, NORTHEAST 4 AVENUE TO THE EAST,
NORTHEAST 18 STREET TO THE SOUTH, AND BISCAYNE BOULEVARD TO
THE WEST, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, 17 Plaza LLC ("Applicant") 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 a ten (10) foot wide private alley generally located in the area bounded
by Northeast 19 Street to the North, Northeast 4 Avenue to the East, Northeast 18 Street to the
South, and Biscayne Boulevard to the West ("Private Alley"); and
WHEREAS, the Private Alley is located within the Miami Comprehensive Neighborhood
Plan's ("MCNP") Future Land Use designation - Restricted Commercial, Residential Density
Increased Areas - Omni - 500 Units/Acre, and the Overlay Areas Urban Central Business
District; and
WHEREAS, the Private Alley is located within the "T6-36B-O," Urban Core Zone —
Open, transect zone in the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the Private Alley's width is ten (10) feet in width, the length is 375.01 feet,
and the area is 3,800.13 square feet; 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 from use the Private Alley; and
WHEREAS, pursuant to Article 2, Sections 2.1.2.b.3. and 2.1.3.3.b. of the Miami 21
Code and MCNP's Goal CI-1 and Goal TR-1, the Applicant's proposal to close, vacate,
abandon, and discontinue from use a Private Alley has been determined to be in compliance
with application regulations; and
WHEREAS, the City's Plat and Street Committee ("Committee"), at its meeting on May
6, 2021, reviewed the Applicant's "Seventeen Plaza — Tentative Plat #1971" in order to make
their recommendations to the Planning, Zoning, and Appeals Board ("PZAB"), pursuant to
Chapter 55, Section 55-15 of the City Code; and
City of Miami Page 1 of 4 File ID: 15336 (Revision: A) Printed On: 3/4/2024
File ID: 15336 Enactment Number: R-24-0080
WHEREAS, the Committee made findings and approved the Applicant's "Seventeen
Plaza — Tentative Plat #1971" with conditions; and
WHEREAS, based on the Committee's approval of the Applicant's "Seventeen Plaza —
Tentative Plat #1971," the Planning Department defers to the Committee's findings and
recommends the Approval of the vacation and closure of the Private Alley subject to the
conditions of approval as stated herein; and
WHEREAS, the Planning Department finds that the request to vacate and close this
Private Alley conforms to the policies and goals of the MCNP and is found to be consistent with
same; and
WHEREAS, the Planning Department finds that 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 with same; and
WHEREAS, pursuant to Section 55-15 of the City Code, and the findings, the Planning
Department recommends approval with the conditions set forth below herein of the vacation and
closure of the Private Alley from use as proposed in the Applicant's "Seventeen Plaza —
Tentative Plat #1971"; and
WHEREAS, pursuant to Section 55-15(c) of the City Code requests that the closure and
vacation of the abovementioned Private Alley by the regular method described therein; and
WHEREAS, pursuant to Section 55-15(c) of the City Code, the PZAB is designated as
the authority to render decisions pertaining to the proposed closure and vacation of the
abovementioned Private Alley; and
WHEREAS, pursuant to 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 City's Department of Resilience and Public Works Letter
(SEVENTEEN PLAZA - TENTATIVE PLAT #1977-A VACATION OF RIGHT OF WAY -
EXPENDITURES OF FUNDS/RESTRICTED FUNDS CONFIRMATION ("CONFIRMATION")
dated August 31, 2021, they researched to determine if any Capital Improvement projects
involving the right-of-way to be closed and vacated by the subject plat, and they confirmed,
based on their records that no projects have occurred along the right-of-way planned to be
vacated; and
WHEREAS, based on the City's Office of Capital Improvements Letter (SEVENTEEN
PLAZA - TENTATIVE PLAT #1977-A VACATION OF RIGHT OF WAY - EXPENDITURES OF
FUNDS/RESTRICTED FUNDS CONFIRMATION ("CONFIRMATION"), dated November 18,
2021, they researched to determine if any Capital Improvement projects involving the right of
way to be closed and vacated by the subject plat, and they confirmed, based on their records
that no projects have occurred along the right-of-way planned to be vacated; 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 finds that there is substantial evidence in the record to approve with conditions the
closure and vacating of the Private Alley;
City of Miami Page 2 of 4 File ID: 15336 (Revision: A) Printed on: 3/4/2024
File ID: 15336 Enactment Number: R-24-0080
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 to close, vacate, abandon, and discontinue
for use a Private Alley that is generally bounded by Northeast 19 Street to the north, Northeast 4
Avenue to the east, Northeast 18 Street to the south, and Biscayne Boulevard to the west,
Miami, Florida, with the following conditions:
1. The closure and vacation of a Private Alley shall be developed in
accordance with the "SEVENTEEN PLAZA - TENTATIVE PLAT #1977-A (FIRST
RESUBMITTAL)" consisting of two (2) sheets, digitally signed and sealed by Santiago A.
Dominguez, Professional Surveyor and Mapper, LS No. 6698 State of Florida, dated
November 4, 2021.
2. The applicant or their successor shall comply with all conditions and/or
comments as stated in the Plat and Street Letter drafted by Juvenal Santana, P.E.,
CFM, Supervisor of Plats - Plat and Street Committee, Director - Public Works,
Department of Resilience and Public Works on May 24, 2021, for the "SEVENTEEN
PLAZA - TENTATIVE PLAT #1977-A (FIRST RESUBMITTAL) LOCATED FROM
BISCAYNE BOULEVARD TO NE 4 AVENUE, AND FROM NE 18 STREET TO NE 19
STREET".
3. The Applicant, owner, or successor shall meet applicable development
standards identified in the Miami 21 Code and all applicable local, county, state, and
federal regulations.
4. 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.
5. 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.
6. 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, pursuant to Section 55-15 of the City Code.
7. A Certificate of Occupancy shall only be issued after all the required
subdivision improvements have been completed.
8. 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.
City of Miami Page 3 of 4 File ID: 15336 (Revision: A) Printed on: 3/4/2024
File ID: 15336
Enactment Number: R-24-0080
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1 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: 15336 (Revision: A) Printed on: 3/4/2024