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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-24-0081 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, APPROVING WITH CONDITIONS THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FROM USE OF A TEN (10) FOOT WIDE PRIVATE ALLEY GENERALLY BOUNDED BETWEEN NORTHEAST 29 TERRACE, NORTHEAST 29 STREET, NORTHEAST 4 AVENUE, AND BISCAYNE BAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: The street vacation area is generally bounded by the following City of Miami (The "City") Thoroughfares: Northeast 29 Terrace, Northeast 29 Street, and Northeast 4 Avenue APPLICANT(S): Iris Escarra, Esq., on behalf of 2900 Terrace Owner, LLC PURPOSE: To close, vacate, abandon, and discontinue from public use a Street Vacation Area. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLAT AND STREET COMMITTEE: On January 5, 2023, recommended approval. PLANNING, ZONING AND APPEALS BOARD: On January 31, 2024, recommended approval by a vote of 9-0. City of Miami Legislation Resolution Enactment Number: R-24-0081 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15437 Final Action Date:2/22/2024 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, APPROVING WITH CONDITIONS THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FROM USE OF A TEN (10) FOOT WIDE PRIVATE ALLEY GENERALLY BOUNDED BETWEEN NORTHEAST 29 TERRACE, NORTHEAST 29 STREET, NORTHEAST 4 AVENUE, AND BISCAYNE BAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 2900 Terrace Owner LLC ("Applicant") submitted a Vacation Closure 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, vacation, abandonment, and discontinuation of a private alley also referred to the as the "Right -of -Way Vacation Area"; and WHEREAS, the Right -of -Way Vacation Area is approximately 2,000 square feet or 0.046 acres; and WHEREAS, the property surrounding the Right -of -Way Vacation Area has a Future Land Use designation of "Restricted Commercial" in the Miami Comprehensive Neighborhood Plan ("MNCP") and a designation of "T6-36A-L," Urban Core Transect Zone — Limited, 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 Applicant's proposal to close, vacate, abandon, and discontinue from use the Right -of -Way Vacation Area with the MCNP's Goal CI-1 and Goal TR-1 and the Miami 21 Code, specifically Article 2, Sections 2.1.2(b)(3) and 2.1.3.3(b); and WHEREAS, the City Plat and Street Committee (Plat and Street Committee"), at its January 5, 2023 meeting reviewed and approved "Oak Row - Tentative Plat #2018" (Formerly #1871-B) ("Tentative Plat") subject to revisions being made to the Tentative Plat and recommended approval of the closure and vacation of the Right -of -Way Area based on the four (4) questions pursuant to Section 55-15(c) of the City Code; and WHEREAS, pursuant to the January 5, 2023 Plat and Street Committee meeting, the Supervisor of Plats provided a letter dated March 15, 2023 that indicated the Tentative Plat was subject to the listed required revisions to the Tentative Plat, additional information needed, and/or variances being granted; the processing of the Tentative Plat cannot proceed until these conditions have been satisfied; and WHEREAS, pursuant to Chapter 55, Section 55-15(d), after review of the Tentative Plat, and if the Tentative Plat complies with the technical requirements of this Chapter 55, the Plat and Street Committee shall forward to the Planning, Zoning and Appeals Board ("PZAB") and the subdivider, in writing, its findings of fact that the Tentative Plat is in conformance with the technical requirements of this Chapter, and shall also include its recommendations regarding the right-of-way closure request based on consideration of the four (4) criteria in subsection (c); and WHEREAS, pursuant to Chapter 55, Section 55-15(f), after issuance of the findings of fact and recommendations by the Plat and Street Committee, the subdivider shall apply to the City's Hearing Boards Section for a public hearing by the City PZAB for the vacation and closure of the right-of-way; and WHEREAS, pursuant to Chapter 55, Section 55-15(g), after public hearing before the PZAB and a recommendation by the PZAB for or against the vacation and closure, a public hearing shall be held before the City Commission; and WHEREAS, pursuant to Chapter 55, Section 55-15(a), any subdivider or applicant requesting to close, vacate, abandon, and discontinue a right(s)-of-way shall research and obtain a confirmation from the City's Office of Capital Improvements and the Department of Resilience and Public Works regarding whether the City expended any funds for improvements on the right(s)-of-way proposed to be vacated and closed within the prior 50 years, except as to restricted funds required to be repaid regardless of the timeframe ("Confirmation"); and WHEREAS, the Applicant obtained such Confirmation from the Office of Capital Improvements and the Resilience and Public Works Department dated September 29, 2023 and February 9, 2023, respectively, which indicated that no such funds were expended by the City; and WHEREAS, Right -of -Way Vacation Area is a private alley; and WHEREAS, Right -of -Way Vacation Area is an alley that is not improved, not accessible to the general public, and not being used by the general public; and WHEREAS, the closure of the Right -of -Way Vacation Area/alley will allow the development of a unified site; and WHEREAS, the Right -of -Way Vacation Area is an alley that is completely within the boundaries of the Tentative Plat site; and WHEREAS, there would be no adverse effect on the ability to provide emergency services in closing and vacated the Right -of -Way Vacation Area/alley; 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 / Right -of -Way Vacation Area; 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 the closure, vacation, abandonment, and discontinuance for use the Right -of -Way Vacation Area that is generally bounded by the following City Thoroughfares: Northeast 29 Terrace, Northeast 29 Street, and Northeast 4 Avenue, Miami, Florida, with the following conditions: 1. The vacation and closure of the Right -of -Way Vacation Area shall be developed in accordance with the "Oak Row - Tentative Plat #2018" (Formerly #1871-B), as prepared, signed, and sealed by Mark Steven Johnson, Professional Land Surveyor (License number 4775) of Schwebke-Shiskin & Associates, Inc. with a survey date of February 23, 2023. 2. A building permit, including phased permits, will not be issued on the property being platted until the final plat is recorded in the official records of Miami -Dade County, Florida or as authorized by Section 55-10(j) of the City Code. 3. A temporary certificate of occupancy or a certificate of occupancy shall not be issued, unless and until the governmental agency or developer obtains final plat approval and records the final plat in the official records of Miami -Dade County, Florida, within the recordation period, as defined in Section 55-10(j)(10) of the City Code. 4. The City reserves the right to inspect the site and Right -of -Way Vacation Area to ensure compliance with the conditions listed. 5. Failure to comply with the conditions herein may result in the immediate revocation of this "Vacation Closure" and shall be subject to any fines and penalties pursuant to the City Code. 6. Pursuant to Chapter 55, Section 55-15 of the City Code, "[an] approval of the requested vacation and closure shall be valid for a period of four years and shall remain independent of the referenced tentative plat during this period. The approved final plat must be recorded within the four-year approval period of the requested vacation and closure. Any revised tentative plat submitted for review subsequent to the approved vacation and closure must be compatible with the approved vacation and closure, as determined by the plat and street committee. The tentative plat most recently approved by the plat and street committee shall be the official tentative plat of reference when submitting documents for final plat approval by the City Commission." 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 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.