HomeMy WebLinkAboutPending Signature and Notarization - PZAB (7298) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-20-015
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 7298 Final Action Date: 6/17/2020
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), FAILING TO RECOMMEND APPROVAL TO THE
MIAMI CITY COMMISSION REGARDING THE CLOSURE, VACATING,
ABANDONING AND DISCONTINUING FOR USE MULTIPLE PLATTED PRIVATE
ALLEYS, PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WHICH ARE 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' ("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, as more
particularly described in Exhibit "A" ("Alleys"); and
WHEREAS, the Alleys lie within the limits of the approved "Biscayne South Assemblage
Tentative Plat #1952"; and
WHEREAS, the Alleys are all 10-feet wide and total approximately 0.216 acres (9,419
square feet); and
WHEREAS, the Alleys are entirely located within the T6-36A-O Transect Zone; and
WHEREAS, the purpose of the Alleys is to unify the property for redevelopment
purposes; and
WHEREAS, vacating and closing the Alleys may contribute to the generation of new
additional ad valorem taxes to the City to provide necessary services to its residents; and
WHEREAS, existing utilities located within the Alleys to be closed and vacated 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
1 2900 Block Redevelopment, LLC; 2950 NE 2nd, LLC; 2930 NE 2nd, LLC; 200 NE 30th, LLC
City of Miami Page 1 of 3 File ID: 7298 (Revision: 8) Printed On: 7/7/2020
WHEREAS, the Applicant intends to redevelop the property with a mixed -use project
that the Planning Department found will provide efficient circulation of public service vehicles;
and
WHEREAS, the Department of Resilience and Public Works and the Plat and Street
Committee reviewed the vacation and closure of the Alleys and determined that it will not affect
pedestrian or vehicular traffic circulation or access for public service; and
WHEREAS, the Plat and Street Committee, 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 as set forth therein; and
WHEREAS, based upon the Plat and Street Committee findings, conditions of approval,
and staff's analysis, the Planning Department recommended approval of the request to close
and vacate the Alleys subject to the following conditions:
1. 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.
2. 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, ("Miami 21 Code") and all applicable Local, State and Federal regulations.
3. Pursuant to Section 55-15 of the City Code, any 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.
4. Pursuant to Section 55-15(h), 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 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.
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
Planning, Zoning and Appeals Board ("PZAB") finds that closing and vacating the Alleys would
not be in the public interest; and
WHEREAS, specifically, after consideration of this matter, a motion was proffered for
PZAB to recommend to the Miami City Commission approval of the closing and vacating of the
Alleys, which failed by a vote of four (4) members voting in favor and five (5) members voting
against; and
WHEREAS, as such, the PZAB failed to recommend approval to the Miami City
Commission of the closing and vacating of the Alleys;
City of Miami Page 2 of 3 File ID: 7298 (Revision: 8) Printed On: 7/7/2020
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 ("PZAB") does not recommend
approval to the City Commission of the closure and vacation of the 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, as more particularly described in
Exhibit "A" ("Alleys").
Section 3. This Resolution shall become effective immediately upon its adoption.
Francisco Garcia, Director Execution Date
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF 202 .
Print Notary Name Notary Public State of Florida
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
My Commission Expires:
City of Miami Page 3 of 3 File ID: 7298 (Revision: 8) Printed On: 7/7/2020
EXHIBIT "A"
Alley Vacation:
Legal Description:
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The applies de decision -malting body will
rodew the information at the pubec hearing to render a
recommendation or a final decid on.
PZ-19-531 7
02/21/20
Portions of the 10 foot wide platted private alleys lying within Block 12, BROADMOOR, according to the
Plat thereof, as recorded in Plat Book 2 at Page 37, of the Public Records of Miami -Dade County, Florida,
being more particularly described as follows:
That portion of the 10 foot wide platted private alley being bounded on the North by the Southerly
boundary lines of Lots 1, 2, 3 and 4, being bounded on the South by the Northerly boundary line of Lot 5
and its Easterly prolongation, and the Northerly boundary line of Lot 6, being bounded on the East by
the Easterly boundary line of said Block 12, and being bounded on the West by a line 10.00 feet Easterly
of and parallel with, as measured at right angles to, the Westerly boundary line of said Block 12.
Together With:
That portion of the 10 foot wide platted private alley being bounded on the North by the Easterly
prolongation of the Northerly boundary line of Lot 5, being bounded on the South by the Easterly
prolongation of the Southerly boundary line of Lot 8, being bounded on the East by the Westerly
boundary lines of Lots 6 and 7, and being bounded on the West by the Easterly boundary lines of Lots 5
and 8, all in said Block 12.
And Together With:
That portion of the 10 foot wide platted private alley being bounded on the North by the Southerly
boundary line of Lot 8 and its Easterly prolongation, being bounded on the South by the Northerly
boundary lines of Lots 9 and 10, being bounded on the East by the Northerly prolongation of the
Easterly boundary line of Lot 10, and being bounded on the West by a line 10.00 feet Easterly of and
parallel with, as measured at right angles to, the Westerly boundary line of said Block 12.
Said portions contain 4,146 square feet, more or less.
Said Alley Vacation lying and being in the Northwest 1/4 of Section 30, Township 53 South, Range 42
East, City of Miami, Miami -Dade County, Florida.
AND;
Portions of the 10 foot wide platted private alleys lying within Block 11, BROADMOOR, ac
Plat thereof, as recorded in Plat Book 2 at Page 37, of the Public Records of Miami -Dade Co
being more particularly described as follows:
NOTICE
This submittal needs to be scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The appLIca o decision -malting body will
resiewthe information at the pubec hearing to render a
recommended on or a final deciv on.
PZ-19-531 7
02/21/20
That portion of the 10 foot wide platted private alley being bounded on the North by the Southerly
boundary lines of Lots 1, 2, 3 and 4, being bounded on the South by the Northerly boundary line of Lot 5
and its Easterly prolongation, and the Northerly boundary line of Lot 6, being bounded on the East by a
line 9.00 feet Westerly of and parallel with, as measured at right angles to, the Easterly boundary line of
said Block 11, and being bounded on the West by the Westerly boundary line of said Block 11.
Together With:
That portion of the 10 foot wide platted private alley being bounded on the North by the Easterly
prolongation of the Northerly boundary line of Lot 5, being bounded on the South by the Easterly
prolongation of the Southerly boundary line of Lot 8, being bounded on the East by the Westerly
boundary lines of Lots 6 and 7, and being bounded on the West by the Easterly boundary lines of Lots 5
and 8, all in said Block 11.
And Together With:
That portion of the 10 foot wide platted private alley being bounded on the North by the Southerly
boundary line of Lot 8 and its Easterly prolongation and the Southerly boundary line of Lot 7, being
bounded on the South by the Northerly boundary lines of Lots 9, 10, 11 and 12, being bounded on the
East by a line 9.00 feet Westerly of and parallel with, as measured at right angles to, the Easterly
boundary line of said Block 11, and being bounded on the West by the Westerly boundary line of said
Block 11.
Said portions contain 5,273 square feet, more or less.
Said Alley Vacation lying and being in the Northwest 1/4 of Section 30, Township 53 South, Range 42
East, City of Miami, Miami -Dade County, Florida.
SKETCH TO ACCOMPANY LEGAL DESCRIP
ION
SCALE: 1 "=60'
NOTE:
1. See Sheet 2 for Legal
Description.
- Centerline
P.B. — Plat Book
PG. — Page
ALLEY VACATION
27.5' 27.5'
0
0
co
27.5' 27.5'
55.04'
LOT 4 00
0
55'(R)
55 04'
55.04 '
LOT 3
55.04' 7
N0R1NR0L/ADNEMBLO00R'CK 111
B
(P.B. 2, PG 37)
01
LOT 2
BLOCK "11"
"BROADMOOR"
PB. 2, PG. 37
55'(R)
55.04'
AV Alr
55'(R)
55.04'
10' PRIVATE ALLEY
0
105.08'
ALLEY
VACATION
LOT 5
105.08'
a_
55.04'-1
LOT 1
55'(R)
55.04 '
105.08'
LOT 6
96.08'
Affl
9.0' —
LOT8 LOT7
105.08'
0
PRIVATE ALLEY
55.04' I 55.04'
LOT 9
0
L 55.05'
105.08'
4
55.04' 55.04'
BLOCK "11"
"BROADMOOR"
PB. 2, PG. 37 mR(.6
LOT 10 01 LOT 11 LOT 12 o moo"'
�I :
50.00'
0
0
If)
0
9.0'
0`
SOUTH LINE BLOCK 11 50.00'
BROAD)I00R •
I (P.B. 2, PG. 37)
55.04' l 55.04' _1 55.04'
cy
N
SCHWEBKE S [ SKIN + ASSOCIATES (Le—.�zj
LAND SURVEYORS • ENGINEERS • LAND PINNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 43547010 FAX:(305) (i52
ORDER NO.: 211249
THIS IS NOT A "LAND SURVEY."
DATE: 12-1 1 -19
SHEET 1 OF 2 SHEET(S) F.B.: N.A.
K:\305342\CRESCENT HEIGHTS\SKETCH LEGALS\dwa\BISC SOUTH ASSEM-ALLEY VACATIONS 20191211.dwa. 12/11/2019 2:20:29 PM
SKETCH TO ACCOMPANY LEGAL
ALLE-TY .VACATION
Alley Vacation:
Legal Description:
Portions of the 10 foot wide platted private alleys lying within Block 11, BROADMOOR, according to the Plat thereof,
as recorded in Plat Book 2 at Page 37, of the Public Records of Miami —Dade County, Florida, being more particularly
described as follows:
That portion of the 10 foot wide platted private alley being bounded on the North by the Southerly boundary lines of
Lots 1, 2, 3 and 4, being bounded on the South by the Northerly boundary line of Lot 5 and its Easterly
prolongation, and the Northerly boundary line of Lot 6, being bounded on the East by a line 9.00 feet Westerly of and
parallel with, as measured at right angles to, the Easterly boundary line of said Block 11, and being bounded on the
West by the Westerly boundary line of said Block 11.
Together With:
That portion of the 10 foot wide platted private alley being bounded on the North by the Easterly prolongation of the
Northerly boundary line of Lot 5, being bounded on the South by the Easterly prolongation of the Southerly boundary
line of Lot 8, being bounded on the East by the Westerly boundary lines of Lots 6 and 7, and being bounded on the
West by the Easterly boundary lines of Lots 5 and 8, all in said Block 11. _
And Together With:
That portion of the 10 foot wide platted private alley being bounded on the North by the Southerly boundary line of
Lot 8 and its Easterly prolongation and the Southerly boundary line of Lot 7, being bounded on the South by the
Northerly boundary lines of Lots 9, 10, 11 and 12, being bounded on the East by a line 9.00 feet Westerly of and
parallel with, as measured at right angles to, the Easterly boundary line of said Block 11, and being bounded on the
West by the Westerly boundary line of said Block 11.
Said portions contain 5,273 square feet, more or less.
Said Alley Vacation lying and being in the Northwest 1/4 of Section 30, Township 53 South, Range 42 East, City of
Miami, Miami —Dade County, Florida.
NOTE:
1. See Sheet 1 for Sketch to Accompany Legal Description.
SCHWEBKE S H 11 S K 9 + ASSOCIATES (LB-87)
LAND SURVEYORS a ENGINEERS • LAND PLANNERS,'
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435--.7010 FAX:(33(55).,6
THIS IS NOT A "LAND SURVEY."
SHEET 2 OF 2 SHEET(S)
ORDER NO.: 211249
DATE:
FB
-------------
305342\CRESCENT HEIGHTS\SKETCH LEGALSIdwa1BISC SOUTH ASSEM-ALLEY VACATIONS 20191211.dwa. 12/11/2019 2:22:25 PM
S KETC
SCALE: 1"=60'
NOTE:
1. See Sheet 2 for Legal
Description.
— Centerline
P.B. — Plat Book
PG. — Page
TO ACCOMPANY LEGAL DESC R
ALLEY VACATION
25.0'
35.0
N.E. 30th, Street
LOT 4 0
0
NORTH LINE BLOCK 12
BROADA/00R"
(P.B. 2, PG 37)
LOT 3 LOT 2
�I
BLOCK "12"
"BROADMOOR"
(P.B. 2, PG. 37)
54.93'
Mar AP' %10' PRIVATE ALLEY
104.87 0 70>
I W ALLEY
VACATIONS
2 LOT 5 Q:
/j
70'
IO
10.0' 104.86'
35.0'1
r 35.0'
LOT 8
O
LOT 9 0
0
104.87
TIO
LOT 1
0
00
54.93"
LOT6
NI
104.86'
LOT 7
� I
54.93'
BLOCK "12"
"BROADMOOR"
(P.B. 2, PG. 37)
I O
LOT 10
I LOT 11 0
SOUTH LINE BLOCK 121
BROADA000R" I
(P.B. 2, PG. 37)_j 54.93'
N.E. 29t12. Street
54.93' —i
LOT 12 Lo
27.5' 27.5'
E. Ond. C.
b 275' 27.5'
54.93' J
SCHWEB'KE S i S 9 + ASSO !A VE
LAND SURVEYORS • ENGINEERS • LAND 'PLANN'ERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX (305) `652-82$;4
THIS IS NOT A "LAND SURVEY."
SHEET 1 OF 2 SHEET(S)
ORDER NO.:
DATE:
FB-
�, Vie, KF
211249
12-11-19
N.A.
K:\305342\CRESCENT HEIGHTS\SKETCH LEGALS\dwa\BISC SOUTH ASSEM-ALLEY VACATIONS 20191211.dwa. 12/11/2019 2:20
<ETC
TO ACCOIVI-DANY LEGAL DESCRIPTION
ALLEY VACATION
Alley Vacation:
Legal Description:
Portions of the 10 foot wide platted private alleys lying within Block 12, BROADMOOR, according to the Plat thereof,
as recorded in Plat Book 2 at Page 37, of the Public Records of Miami —Dade County, Florida, being more particularly
described as follows:
That portion of the 10 foot wide platted private alley being bounded on the North by the Southerly boundary lines of
Lots 1, 2, 3 and 4, being bounded on the South by the Northerly boundary line of Lot 5 and its Easterly
prolongation, and the Northerly boundary line of Lot 6, being bounded on the East by the Easterly boundary line of
said Block 12, and being bounded on the West by a line 10.00 feet Easterly of and parallel with, as measured at
right angles to, the Westerly boundary line of said Block 12.
Together With:
That portion of the 10 foot wide platted private alley being bounded on the North by the Easterly prolongation of the
Northerly boundary line of Lot 5, being bounded on the South by the Easterly prolongation of the Southerly boundary
line of Lot 8, being bounded on the East by the Westerly boundary lines of Lots 6 and 7, and being bounded on t `e
West by the Easterly boundary lines of Lots 5 and 8, all in said Block 12.
And Together With:
That portion of the 10 foot wide platted private alley being bounded on the North by the Southerly boundary line o
Lot 8 and its Easterly prolongation, being bounded on the South by the Northerly boundary lines of Lots 9 and 10,
being bounded on the East by the Northerly prolongation of the Easterly boundary line of Lot 10, and being bounde
on the West by a line 10.00 feet Easterly of and parallel with, as measured at right angles to, the Westerly bounda
line of said Block 12.
Said portions contain 4,146 square feet, more or less.
Said Alley Vacation lying and being in the Northwest 1/4 of Section 30, Township 53 South, Range 42 East, City of
Miami, Miami —Dade County, Florida.
NOTE:
1. See Sheet 1 for Sketch to Accompany Legal Description.
SCHWEBKE S 9 S K I N + ASSOCIATES
LAND SURVEYORS • ENGINEERS • LAND"'' 5LANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE:(305) 652-7010 BROWARD:(954) 435-7010 FAX:(305) .652-82
THIS IS NOT A "LAND SURVEY."
SHEET 2 OF 2 SHEET(S)
ORDER NO.: 211249
DATE• 12-11-19
FB
K:\ 05342\CRESCENT HEIGHTS\SKETCH LEGALS1dwa\BISC SOUTH ASSEM-ALLEY VACATIONS 20191211.dwa. 12/11/2019 2:22:06 PM
y
(LB-87)