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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 7575 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUATION FOR USE OF MULTIPLE PLATTED PRIVATE ALLEYS GENERALLY LOCATED SOUTH OF NORTHEAST 30 STREET, WEST OF BISCAYNE BOULEVARD, NORTH OF NORTHEAST 29 STREET, AND EAST OF NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR RECORDING; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately South of NE 30 Av, West of Biscayne Blvd, North of NE 29 St, and East of NE 2 Av [Commissioner Ken Russell - District 2] APPLICANT(S): Ethan Wasserman, Esq., on behalf of Crescent Heights of America, Inc. PURPOSE: This will allow for the closure, vacating, abandoning and discontinuing for public use of multiple platted, private alleys generally located South of NE 30 Av, West of Biscayne Blvd, North of NE 29 St, and East of NE 2 Av. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Motion recommending approval failed on June 17, 2020, by a vote of 4-5. City of Miami Legislation Resolution Enactment Number: R-20-0234 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7575 Final Action Date:7/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUATION FOR USE OF MULTIPLE PLATTED PRIVATE ALLEYS GENERALLY LOCATED SOUTH OF NORTHEAST 30 STREET, WEST OF BISCAYNE BOULEVARD, NORTH OF NORTHEAST 29 STREET, AND EAST OF NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR RECORDING; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Crescent Heights of America, Inc. and affiliated entities' (collectively, "Applicant") submitted an application to the City of Miami ("City") for the vacation and closure of multiple 10-foot wide alleys generally located south of Northeast 30 Street, west of Biscayne Boulevard, north of Northeast 29 Street, and east of Northeast 2 Avenue, Miami, Florida ("Alleys"), as more particularly described in Exhibit "A", attached and incorporated; and WHEREAS, the Department of Resilience and Public Works and the Plat and Street Committee ("PSC") reviewed the vacation and closure of the Alleys and determined that it will not affect pedestrian or vehicular traffic circulation or access for public services; and WHEREAS, the PSC, at its meeting on November 7, 2019, reviewed the street closure application and determined that all technical requirements have been met and recommended approval of the vacation and closure; and WHEREAS, at the Planning, Zoning and Appeals Board meeting, a motion to recommend approval of vacating and closing the Alleys was made wherein four (4) members voted in favor and five (5) members voted against, failing to receive the required majority vote to recommend approval; and WHEREAS, the Alleys lie within the limits of the approved "Biscayne South Assemblage Tentative Plat #1952"; and WHEREAS, the Alleys are all ten feet (10') wide and total approximately 0.216 acres (9,419 square feet); and WHEREAS, the Alleys are entirely located within a T6-36A-O, "Urban Core Transect Zone — Open"; and WHEREAS, the purpose of vacating and closing the Alleys is to unify the surrounding property for redevelopment purposes; and 1 2900 Block Redevelopment, LLC; 2950 NE 2nd, LLC; 2930 NE 2nd, LLC; 200 NE 30th, LLC WHEREAS, vacating and closing the Alleys may contribute to the generation of additional ad valorem taxes to the City which will assist with providing necessary services to the City's residents; and WHEREAS, existing utilities located within the Alleys to be vacated and closed must be relocated or easements provided by the Applicant; and WHEREAS, the Alleys are not used for pedestrian or vehicular circulation nor emergency vehicle access as they are private alleys, relatively narrow in width (10'), and partially blocked/obstructed; and WHEREAS, the Applicant intends to redevelop the property with a mixed -use project that will provide efficient circulation of public service vehicles; 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 vacating and closing the Alleys would be in the public's interest; 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 vacation and closure of the Alleys, as more particularly described in Exhibit "A", attached and incorporated, within the "Biscayne South Assemblage Tentative Plat #1952" property with the following conditions: A. The Applicant and any successor shall comply with the conditions of approval stated for Biscayne South Assemblage Tentative Plat #1952 in a letter dated November 20, 2019 issued by the Department of Resilience and Public Works. B. The Applicant and any successor shall comply with all development standards identified in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, and all applicable Local, State, and Federal regulations. C. Pursuant to Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code"), funds expended by the City, including expenditure of restricted funds (bond funds, grant funds, or otherwise), for improvements on the Alleys proposed for closure shall be repaid by the Applicant before recordation of the Final Plat, if any. Section 3. Pursuant to Section 55-15(h) of the City Code, the 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. 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 PSC. The tentative plat most recently approved by the PSC shall be the official tentative plat of reference when submitting documents for final plat approval by the City Commission. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS: