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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 4206 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR USE AN ALLEY GENERALLY LOCATED SOUTH OF NORTHWEST 26 STREET, WEST OF NORTHWEST 2 AVENUE, NORTH OF NORTHWEST 25 STREET, AND EAST OF NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately South of NW 26 Street, West of NW 2 Avenue, North of NW 25 ST, and East of NW 3 Avenue [Commissioner Keon Hardemon - District 5] APPLICANT(S): David Coviello, Esquire, on behalf of Miami 26, LLC, Lerner 276 NW 26 Street, LLC, Lerner 2545 NW 3 Ave, LLC, Wynwood Doors, LLC PURPOSE: The request will vacate, close, abandon, and discontinue the use of an alley, which is laid out in a T-Shaped format that is approximately 700 feet long and 10 feet wide and 7,259 square feet. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLAT & STREET COMMITTEE: Recommended approval with conditions on July 20, 2017, by a vote of 6 — 0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions on May 16, 2018, by a vote of 8 — O. City of Miami Legislation Resolution Enactment Number: R-18-0276 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4206 Final Action Date:6/28/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR USE AN ALLEY GENERALLY LOCATED SOUTH OF NORTHWEST 26 STREET, WEST OF NORTHWEST 2 AVENUE, NORTH OF NORTHWEST 25 STREET, AND EAST OF NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property owners, Miami 26, LLC, Lerner 276 NW 26 Street, LLC, Lerner 2545 NW 3 Ave, LLC, and Wynwood Doors, LLC (collectively, "Applicant" or "Owners") have submitted an application to vacate, close, and discontinue the use of an alley located south of Northwest 26 Street, west of Northwest 2 Avenue, north of Northwest 25 Street, and east of Northwest 3 Avenue, Miami, Florida, and as more specifically described in Exhibit "A," attached and incorporated ("Alley"); and WHEREAS, the Alley is located in the Wynwood/Edgewater Net Area, in the Wynwood Neighborhood Revitalization District ("NRD-1"), and within the existing "NW 2nd Commercial Subdivision" Plat, a copy of which is attached hereto and incorporated into this Resolution as Exhibit "B"; and WHEREAS, the Alley is approximately ten feet (10') wide, seven hundred feet (700') long, and 7,259 square feet in area, which is laid out in a T-Shaped format; and WHEREAS, the portion of the Alley that runs north to south abuts local restaurants, art galleries, and private art exhibits including the Wynwood Walls and Wynwood Doors displays; and WHEREAS, the portion of the Alley that runs east to west for approximately five hundred (500) linear feet faces a screened parking lot, retail, warehouse, and restaurant uses; and WHEREAS, the City of Miami ("City") adopted Ordinance No. 366 on March 24, 1925, for the platting of the "NW 2nd Commercial Subdivision" Plat, a copy of such Plat is attached hereto and incorporated into this Resolution as Exhibit "B"; and WHEREAS, the "NW 2nd Commercial Subdivision" Plat, recorded on April 13, 1925, in Book 16, Page 9, of the Public Records of Miami -Dade County, dedicates the Alley "to the perpetual use and enjoyment of the owner or owners of the respective lots adjacent thereto and to no other party;" and WHEREAS, the subdivider for the "NW 2nd Commercial Subdivision" Plat reserved "to itself, its successors or assigns the reversion or reversions in said streets, avenues and alleys, whenever discontinued by law or otherwise closed;" and WHEREAS, the Applicant provided an Opinion of Title dated March 28, 2018, which is attached and incorporated herein as Exhibit "C," that examines Section 177.085, Florida Statutes, and Title Evidence therein and states that, "upon the proper vacation and abandonment of record of the Alleys by Resolution of the City of Miami, in accordance with the provisions of the City Charter, including but not limited to, proper public notice and public hearing, fee simple title to the Alleys will be vested in the Owners (as to various portions of the Alleys);" and WHEREAS, pursuant to Section 55-15(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the Applicant filed an application for a Tentative Plat ("T-Plat") approval for the Tony Goldman Plat #1901 with the Plat and Street Committee ("PSC"); and WHEREAS, the PSC at its meeting on July 20, 2017, reviewed the Alley closure application and determined that all technical requirements have been met and by a vote of six to zero (6-0), recommended approval with conditions of the vacation and closure of the Alley; and WHEREAS, the City's Department of Resilience and Public Works ("Public Works") and the PSC have reviewed the subject vacation and closure request and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") at its meeting on May 16, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-020 by a vote of eight to zero (8-0), Item No. PZAB.7, recommending approval with conditions of the vacation and closure; 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 competent evidence in the record to approve the closing, vacating, and discontinuing for use the Alley, as described herein, and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE 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 request for the closure of the Alley located south of Northwest 26 Street, west of Northwest 2 Avenue, north of Northwest 25 Street, and east of Northwest 3 Avenue, and as more specifically described in Exhibit "A," subject to the following conditions: A. Identify subsurface improvements, existing or proposed, on the survey pursuant to Section 55-7(b)(1)(m) of the City Code; B. Indicate in writing the purpose of the vacation, proposed use, and any intent to demolish existing structures including but not limited to, the private art exhibits and the pedestrian corridors that are currently in place; C. Delete the portion of the legal description that is showing the Alley as part of the property ownership; D. Existing utilities in the right-of-way to be closed and vacated must be relocated or easements must be created; E. The Applicant, owner, or their successor must meet all applicable development standards identified in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), as well as all other applicable local, county, state, and federal regulations; F. 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 the Section 55-10(i) of the City Code; G. A Certificate of Occupancy, Temporary Certificate of Occupancy, Certificate of Use, or Temporary Certificate of Use shall only be issued after all the required subdivision improvements have been complete; H. The Applicant, owner, or their successor shall comply with the conditions of approval stated for the Tony Goldman T-Plat #1901, provided as Exhibit "D," in the letter dated August 15, 2017, issued by Public Works; and I. Pursuant to Section 55-15(h) of the City Code, the approval should be valid for a period of four (4) years and shall remain independent of the referenced T-plat during this period. Section 3. This Resolution shall become effective immediately upon its adoption. 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.