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Home My WebLink AboutPZAB (15073) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-128 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15073 Date Rendered: 1/04/2024 A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE CITY COMMISSION PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CITY OF MIAMI CODE OF ORDINANCES, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FOR PUBLIC USE ONE, A TEN (10) FOOT WIDE PRIVATE ALLEY GENERALLY BOUNDED BY NORTHEAST 19 STREET TO THE NORTH, NORTHEAST 4 AVENUE TO THE EAST, NORTHEAST 18 AVENUE TO THE SOUTH, AND BISCAYNE BOULEVARD TO THE WEST, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 17 Plaza LLC (the "Applicant") submitted an application pursuant to Chapter 55, Section 55-15 of the City Code of Ordinances, as amended, 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 Avenue to the South, and Biscayne Boulevard to the West (hereinafter the "Private Alley"); and WHEREAS, the Private Alley is located within the Miami Comprehensive Neighborhood Plan's 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 Miami 21 Code's "T6-36B-O" Urban Core Zone — Open; 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 of Miami Code of Ordinances (City Code), the Applicant is requesting, through the replatting process, to vacate and close from public use the Private Alley; and WHEREAS, pursuant to Miami 21 Zoning Code, Article 2, Sections 2.1.2.b.3. and 2.1.3.3.b. and Miami Comprehensive Neighborhood Plan's Goal CI-1 and Goal TR-1, the Applicant's proposal to close, vacate, abandon, and discontinue from public use a Private Alley has been determined to be in compliance; and WHEREAS, the City of Miami Plat and Street Committee (the "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 of Miami Code of Ordinances; and Date Rendered: 1/04/2024 City of Miami Page 1 of 4 File ID: 15073 (Revision:) Printed On: 1/4/2024 WHEREAS, the Committee made findings and approved the Applicant's "Seventeen Plaza — Tentative Plat #1971" with the conditions set forth below; 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; 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 Comprehensive Neighborhood Plan and is found to be consistent; 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 Zoning 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 the conditions set forth below, of the vacation and closure of the Private Alley from public use as proposed in the Applicant's "Seventeen Plaza — Tentative Plat #1971 "; and WHEREAS, pursuant to Chapter 55, 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 Chapter 55, 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 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 City of Miami'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 of Miami'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 PZAB City of Miami Page 2 of 4 File ID: 15073 (Revision:) Printed On: 1/4/2024 finds that there is substantial evidence in the record to recommend to the City Commission approval with conditions of the closure and vacating of the Private Alley; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD 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 Planning, Zoning and Appeals Board recommends approval to the City Commission to close, vacate, abandon, and discontinue for public use a Private Alley that is generally bounded by Northeast 19 Street to the north, Northeast 4 Avenue to the east, Northeast 18 Avenue 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 of Miami Code of Ordinances, as amended. 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 of Miami Code of Ordinances, as amended. 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. City of Miami Page 3 of 4 File ID: 15073 (Revision:) Printed On: 1/4/2024 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. This Resolution shall be effective immediately upon its adoption. Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 4 of 4 File ID: 15073 (Revision:) Printed On: 1/4/2024