HomeMy WebLinkAboutR-24-0166City of Miami
Resolution R-24-0166
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15778 Final Action Date: 4/25/2024
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, TO CLOSE, VACATE, ABANDON,
AND DISCONTINUE FOR PUBLIC USE A PORTION OF HIGGS STREET
GENERALLY BOUNDED BY SOUTH DIXIE HIGHWAY TO THE NORTH,
SOUTHWEST 37 AVENUE TO THE EAST, DAY AVENUE TO THE SOUTH,
AND BROOKERS STREET TO THE WEST, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ethan B. Wasserman, Esquire, on behalf of Oswaldo Jarmillo c/o 908
Group Holdings LLC, ("Applicant") applied to the City of Miami ("City") to close, vacate,
abandon, and discontinue for public use a portion of Higgs Street generally bounded by South
Dixie Highway to the north, Southwest 37 Avenue to the east, Day Avenue to the south, and
Brookers Street to the west, in Miami, Florida, as more particularly described in the attached
and incorporated Exhibit "A," ("Public Right -of -Way") pursuant to Chapter 55, Section 55-15 of
the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, the Applicant is (re)platting certain property within the City as part of "Nine
at Miami" Tentative Plat #2029-A (Higgs Street) ("Property"); and
WHEREAS, the Property consists of multiple Miami Comprehensive Neighborhood Plan
("MCNP") Future Land Use Designations: Duplex Residential, Low Density Restricted
Commercial, Medium Density Restricted Commercial, and Restricted Commercial; and
WHEREAS, the Property consists of multiple Zoning Transects in the Zoning Atlas of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami
21 Code"): "T4-R," General Urban Transect Zone — Restricted, "T3-O," Sub -Urban Zone —
Open, "T5-O" Urban Center Transect Zone — Open; "T6-8-O," Urban Core Transect Zone —
Open, and "T6-12-0," Urban Core Transect Zone — Open; and
WHEREAS, the Property is also within the Miami 21 Code's Neighborhood Conservation
District-2 (NCD-2) Zoning Overlay; and
WHEREAS, based on the Applicant's plan drawing - PZD-2, Tentative Plat, the area of
the Public Right -of -Way is approximately 4,659 square feet or 0.107 acres; and
WHERAS, on October 19, 2023, the Applicant received an approval for their Waiver
Application: PZ-22-15483 - 3850 South Dixie Hwy and 3791 Day Avenue ("Approved Waiver"),
which consists of the same two (2) property addresses as this current vacation and closure
application; and
City of Miami Page 1 of 4 File ID: 15778 (Revision:) Printed On: 5/9/2024
File ID: 15778 Enactment Number: R-24-0166
WHEREAS, based on the Approved Waiver, the project was approved "By Right" for
seventy-nine (79) Residential Multi -Family Housing units and 127 parking spaces for the
Property; and
WHEREAS, pursuant to Chapter 55, Section 55-15 of the City Code, the Applicant is
replatting the Property with the intent to vacate and close a portion of Higgs Street, referred to
as the Public Right -of -Way, that currently bisects the Property; and
WHEREAS, the Applicant intends to plat a portion of the property fronting South Dixie
Highway, which is currently unplatted; and
WHEREAS, pursuant to the provisions of Chapter 55, Section 55-15(a) of the City Code,
as amended, the City's Department of Resilience and Public Works ("RPW') and Office of
Capital Improvements ("OCI") has researched for any City projects involving this Public Right -of -
Way to be vacated and closed by the subject Tentative Plat; and
WHEREAS, both RPW and OCI Departments confirmed in writing based on their
records, that the City has not expended any funds within the prior fifty (50) years and/or any
restricted funds on improvements; and
WHEREAS, pursuant to Chapter 55, Section 55-15(c) of the City Code, the City's Plat
and Street Committee met on July 6, 2023, and reviewed the Applicant's Tentative Plat for
technical compliance; and
WHEREAS, the City's Plat and Street Committee approved the "Nine at Miami"
Tentative Plat #2029-A (Higgs Street) and recommended approval of the vacation and closure
of the Public Right -of -Way on July 6, 2023, (refer to Memorandum dated November 1, 2023 —
Plat and Street Committee); and
WHEREAS, the City's Plat and Street Committee considered the request for the
vacation and closure of the subject Public Right -of -Way with respect to the following four (4)
criteria/questions in Section 55-15(c) of the City Code in making their recommendation for
approval to the Planning, Zoning, and Appeals Board ("PZAB"):
(1) Is it in the public interest, or would the general public benefit from the vacation of
the rights -of -way or easements?
(2) Is the general public no longer using the rights -of -way or easement, including
public service vehicles such as trash and garbage trucks, police, fire or other
emergency vehicles?
(3) Would there be no adverse effect on the ability to provide police, fire or
emergency services?
(4) Would the vacation and closure of the rights -of -way or easements have a
beneficial effect on pedestrian and vehicular circulation in the area?; and
WHEREAS, the City Planning Department found the proposed vacating and closing of
the Public Right -of -Way consistent with Article 2, Section 2.1.2(b)(3) of the Miami 21 Code; and
WHEREAS, the City Planning Department found the proposed vacating and closing of
the Public Right -of -Way consistent with the Capital Improvements Goal CI-1 of the MCNP; and
WHEREAS, the City's Planning Department found the proposed vacating and closing of
the Public Right -of -Way to be consistent with Article 2, Section 2.1.3.3(b) of the Miami 21 Code;
and
City of Miami Page 2 of 4 File ID: 15778 (Revision:) Printed on: 5/9/2024
File ID: 15778 Enactment Number: R-24-0166
WHEREAS, the City Planning Department found the proposed vacating and closing of
the Public Right -of -Way to be consistent with Goal TR-1 of the MCNP; and
WHEREAS, the City Planning Department found the proposed vacating and closing of
the Public Right -of -Way consistent with Article 3, Section 3.8.2.b of the Miami 21 Code; and
WHEREAS, the City Planning Department found the proposed vacating and closing of
the Public Right -of -Way consistent with Article 3, Section 3.8.2.c of the Miami 21 Code; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
20, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-020 by a
vote of nine to one (9-1), Item No. PZAB.10, recommending approval of right-of-way closure
application; 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 competent substantial evidence to approve the closure and
vacating of the Public Right -of -Way described herein;
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 public use a portion of Higgs Street generally bounded by South Dixie
Highway to the north, Southwest 37 Avenue to the east, Day Avenue to the south, and Brookers
Street to the west, in Miami, Florida, as more particularly described in the attached and
incorporated Exhibit "A," with the following conditions:
1. The closure and vacation shall be developed in accordance with the "Nine at
Miami" Tentative Plat #2029-A (Higgs Street) consisting of two (2) sheets,
digitally signed, and sealed by Mark Steven Johnson, Professional Surveyor and
Mapper, LS No. 4775, State of Florida, with a Survey Date of January 19, 2023.
2. The Applicant, owner, and any successor shall comply with all conditions and/or
comments in the letter signed by Juvenal Santana, P.E., CFM, Supervisor of
Plats - Plat and Street Committee, Deputy Director - Public Works, Department of
Resilience and Public Works on September 13, 2023 for the Tentative Plat #
2029 located along the north side of Day Avenue, on the east and the west sides
of Higgs Street; and along the southeasterly side of South Dixie Highway (U.S.1).
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.
4. 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.
City of Miami Page 3 of 4 File ID: 15778 (Revision:) Printed on: 5/9/2024
File ID: 15778 Enactment Number: R-24-0166
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.
Section 4. This Resolution shall be effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 4 of 4 File ID: 15778 (Revision:) Printed on: 5/9/2024