HomeMy WebLinkAboutLegislation SUBCity of Miami
Resolution R-23-0037
THIS DOCUMENT IS A SUBSTITUTION
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Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12830
Final Action Date: 1/12/2023
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, TO CLOSE, VACATE, ABANDON,
AND DISCONTINUE A PORTION OF A PRIVATE ALLEY GENERALLY
BOUNDED BY NORTHWEST 38 STREET TO THE NORTH, NORTHWEST 22
COURT TO THE EAST, NORTHWEST 36 STREET TO THE SOUTH, AND
NORTHWEST 23 AVENUE TO THE WEST, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Blue Casl Dade LLC ("Applicant") submitted an 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 and vacation of a private alley; and ;.:>
11
WHEREAS, the private alley runs north to south and abuts the Applicant's property
located at 2291 Northwest 36 Street, as more particularly described in Exhibit °A", af{achednd
incorporated ("Private Alley"); and
WHEREAS, the Private Alley dimensions are approximately 10 feet (wide) *=1-34.44'eet
(length), and its total area is approximately 1,314 square feet (0.030 acre); and
WHEREAS, the Private Alley is located within "T6-8-O", Urban Core Transect Zone
under Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended,
("Miami 21 Code") and "General Commercial" under the Miami Comprehensive Neighborhood
Plan ("MCNP"); and
WHEREAS, pursuant to Chapter 55, Section 55-15 of the City Code, the Applicant is
requesting, through the replatting process, to vacate and close the Private Alley; and
WHEREAS, pursuant to the Miami 21 Code, Article 2, Sections 2.1.2.b.3. and 2.1.3.3.b.,
and the MCNP's Goal CI-1 and Goal TR-1, the Applicant's proposal to close, vacate, abandon,
and discontinue the Private Alley has been determined to be in compliance; and
WHEREAS, the Applicant has two other linked "affordable housing" - multifamily
residential applications (PZ-21-11631: 2267 NW 36 ST-Warrant and BD22016256001) that will
follow the completion of this proposed vacation and closure application; and
WHEREAS, the Private Alley is exclusively used by the property owners of lots within
the Garden City Subdivision and is not part of the City's pedestrian and vehicular traffic
circulation network; and
City of Miami
Page 1 of 4 File ID: 12830 (Revision: A) Printed On: 1/19/2023
12830 Legislation SUB
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File ID: 12830
Enactment Number: R-23-0037
WHEREAS, the Applicant is providing a 10-foot wide three-dimensional ingress/egress
pedestrian access easement for the exclusive use of the owners of lots within the Garden City
Subdivision; and
WHEREAS, the City's Plat and Street Committee (the "Committee"), at its meeting of
October 7, 2021, reviewed the Applicant's "ALTO TOWER - TENTATIVE PLAT #1990" and the
included proposed closure based on four criteria in making their recommendations to the
Planning, Zoning, and Appeals Board ("PZAB"), pursuant to Chapter 55, Section 55-15 of the
City Code; and
WHEREAS, the Committee recommended approval of the Applicant's "ALTO TOWER -
TENTATIVE PLAT #1990" subject to specified revisions being made to the Applicant's "ALTO
TOWER - TENTATIVE PLAT #1990", additional information being provided, and/or variances
being granted; and
WHEREAS, based on the Committee's approval of the Applicant's "ALTO TOWER -
TENTATIVE PLAT #1990", the Planning Department defers to the Committee's findings and
recommends approval of the vacation and closure of the Private Alley with conditions; and
WHEREAS, the request to vacate and close this Private Alley conforms to the policies
and goals of the MCNP and is found to be consistent; and
WHEREAS, the request to vacate and close this Private Alley conforms to the policies
and goals of the Miami 21 Code and is found to be consistent; and
WHEREAS, pursuant to Chapter 55, Section 55-15 of the City of Miami Code O
Ordinances, and the findings, the Planning Department recommends approval with cQTnditians o
the vacation and closure of the Private Alley as proposed in the Applicant's "PZD-09 �TCWEE -
TENTATIVE PLAT #1990"; and e3
WHEREAS, pursuant to Chapter 55, Section 55-15(c) of the City Code, the Pi-Nate:Alley
shall revert to the abutting property owner(s) pursuant to such Section; and ?,r
r
WHEREAS, based on the letters from the Office of Capital Improvements andthe :'
Department of Resilience and Public Works, respectively dated November 23, 2021 and
November 2, 2021, those departments researched and confirmed that, based on their records,
no City projects involving the Private Alley to be closed and vacated by the subject plat
occurred; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
November 2, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-
055 by a vote of nine to zero (9-0), Item No. PZAB. 1, recommending approval with conditions
of the proposed 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 found that there was substantial evidence in the record to approve with conditions
the closure and vacating of the Private Alley;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 2 of 4 File ID: 12830 (Revision: A) Printed on: 1/19/2023
File ID: 12830
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
Enactment Number: R-23-0037
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
discontinuation of a Private Alley bounded by Northwest 38 Street to the north, Northwest 22
Court to the east, Northwest 36 Street to the south, and Northwest 23 Avenue to the west,
Miami, Florida, as more particularly described in Exhibit "A", with the following conditions:
1. The closure and vacation of the single Private Alley shall be developed in accordance
with the survey plans entitled "ALTO TOWER - TENTATIVE PLAT #1990" consisting of
two sheets, digitally signed and sealed by Alberto J Rabionet, P.S.M. No. 7218 State of
Florida, on November 22, 2021, using a Digital Signature.
2. 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.
3. 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.
4. 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.
5. A Certificate of Occupancy shall only be issued after all the required subdivision
improvements have been completed.
6. 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. Approval of the vacation and closure shall be valid for a period of four years
and shall remain independent of the referenced tentative plat during this period.
Section 5. The approved final plat must be recorded within the four-year approval
period of the requested vacation and closure.
Section 6. This Resolution shall be effective immediately upon its adoption art
signature of the Mayor.'
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.
City of Miami Page 3 of 4 File ID: 12830 (Revision: A) Printed on: 1/19/2023
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File ID: 12830
Enactment Number: R-23-0037
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 4 of 4 File ID: 12830 (Revision: A) Printed on: 1/19/2023
SUBSTITUTED
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Driv
Miami, FL 33133
www.miamigov.c
File Number: 12830
Final Acti
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMEN
PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF T
MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON
DISCONTINUE A PORTION OF A PRIVATE ALLEY GENERALLY B
NORTHWEST 38 STREET TO THE NORTH, NORTHWEST 22 CO
EAST, NORTHWEST 36 STREET TO THE SOUTH, AND NORT
TO THE WEST, MIAMI, FLORIDA, MORE PARTICULARLY DE
"A"; MAKING FINDINGS; CONTAINING A SEVERABILITY C
FOR AN EFFECTIVE DATE.
n Date:
(S),
CITY OF
D
NDED BY
RT TO THE
EST 23 AVENUE
CRIBED IN. EXHIBIT
USE; AND PROVIDING
WHEREAS, Blue Casl Dade LLC ("Applicant") submit -d an application to the City of
Miami ("City") pursuant to Chapter 55, Section 55-15 of the ' ode of the City of Miami, Florida,
as amended ("City Code"), for the closure and vacation o a private alley; and
WHEREAS, the private alley runs north to so
located at 2291 Northwest 36 Street, as more parti
incorporated ("Private Alley"); and
WHEREAS, the Private Alley dimensi
(length), and its total area is approximately
and abuts the Applicant's property
larly described in Exhibit "A", attached and
ns are approximately 10 feet (wide) x 184.44 feet
WHEREAS, the Private Alley is •cated within "T6-8-O", Urban Core Transect Zone "
under Ordinance No. 13114, the Zon g Ordinance of the City of Miami, Florida, as amended
("Miami 21 Code") and "General C• mercial" under the Miami Comprehensive Neighborhood
Plan ("MCNP"); and
,314 square feet (0.030 acre); and
WHEREAS, pursuan o Chapter 55, Section 55-15 of the City Code, the Applicant is
requesting, through the re. -tting process, to vacate and close the Private Alley; and
WHEREAS, pu -uant to the Miami 21 Code, Article 2, Sections 2.1.2.b.3. and 2.1.3.3.b.,
and the MCNP's Go CI-1 and Goal TR-1, the Applicant's proposal to close, vacate, abandon,
and discontinue the rivate Alley has been determined to be in compliance; and
WHER
residential a
follow the
the
cir
S, the Applicant has two other linked "affordable housing" - multifamily
lications (PZ-21-11631: 2267 NW 36 ST-Warrant and BD22016256001) that will
mpletion of this proposed vacation and closure application; and
HEREAS, the Private Alley is exclusively used by the property owners of lots within
rden City Subdivision and is not part of the City's pedestrian and vehicular traffic
lation network; and
SUBSTITUTED
WHEREAS, the Applicant is providing a 10-foot wide three-dimensional ingress/egress
pedestrian access easement for the exclusive use of the owners of lots within the Garden City
Subdivision; and
WHEREAS, the City's Plat and Street Committee (the "Committee"), at its meeting o
October 7, 2021, reviewed the Applicant's "ALTO TOWER - TENTATIVE PLAT #1990" a • the
included proposed closure based on four criteria in making their recommendations to th
Planning, Zoning, and Appeals Board ("PZAB"), pursuant to Chapter 55, Section 55-1 : of the
City Code; and
WHEREAS, the Committee recommended approval of the Applicant's "
TENTATIVE PLAT #1990" subject to specified revisions being made to the A
TOWER - TENTATIVE PLAT #1990", additional information being provided
being granted; and
TO TOWER -
Iicant's "ALTO
nd/or variances
WHEREAS, based on the Committee's approval of the Applic. is "ALTO TOWER -
TENTATIVE PLAT #1990", the Planning Department defers to the .mmittee's findings and
recommends approval of the vacation and closure of the Private ' ey with conditions; and
WHEREAS, the request to vacate and close this Priva Alley conforms to theti olicies
F
rt , r
WHEREAS, the request to vacate and close this ''rivate Alley conforms to ti*Policlei
and goals of the Miami 21 Code and is found to be co ► istent; and
and goals of the MCNP and is found to be consistent; and
WHEREAS, pursuant to Chapter 55, Secti• 55-15 of the City of Miami Codeofn
Ordinances, and the findings, the Planning Depment recommends approval with conditions of
the vacation and closure of the Private Alley proposed in the Applicant's "PZD-09 TOW -
TENTATIVE PLAT #1990"; and
WHEREAS, pursuant to Chapter .5, Section 55-15(c) of the City Code, the the Private
Alley shall revert to the abutting proper owner(s) pursuant to such Section; and
WHEREAS, based on the I-'ters from the Office of Capital Improvements and the
Department of Resilience and P .lic Works, respectively dated November 23, 2021 and
November 2, 2021, those dep ments researched and confirmed that, based on their records,
no City projects involving th 'rivate Alley to be closed and vacated by the subject plat
occurred; and
WHEREAS, th Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
November 2, 2022, f. lowing an advertised public hearing, adopted Resolution No. PZAB-R- 22-
055 by a vote of n e to zero (9-0), Item No. PZAB. 1, recommending approval with conditions
of the proposed ' osure; and
WHE AS, based on the testimony and evidence presented, after due notice and an
opportunit o be heard has been afforded to all parties and members of the public, the City
Commis on found that there was substantial evidence in the record to approve with conditions
the closure and vacating of the Private Alley;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
AMI, 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.
SUBSTITUTED
Section 2. The City Commission approves the closure, vacation, abandonment, and
discontinuation of a Private Alley bounded by Northwest 38 Street to the north, Northwest 22
Court to the east, Northwest 36 Street to the south, and Northwest 23 Avenue to the west,
Miami, Florida, as more particularly described in Exhibit "A", with the following conditions:
1. The closure and vacation of the single Private Alley shall be developed in accordan
with the survey plans entitled "ALTO TOWER - TENTATIVE PLAT #1990" consist' g of
two sheets, digitally signed and sealed by Alberto J Rabionet, P.S.M. No. 7218 ' ate of
Florida, on November 22, 2021, using a Digital Signature.
2. The Applicant, owner, and any successor shall meet applicable developm= t standards
identified in the Miami 21 Code and all applicable local, county, state, a . federal
regulations.
3. The Applicant, owner, and any successor shall provide an access an for review and
acceptance by the City's Fire -Rescue, Police, Solid Waste Depar ments, and the Capital
Improvements Program/Office Transportation.
4. A building permit, including phased permits, will not be iss d on the property being
platted until the final plat is recorded or as authorized by section 55-10(i) of the City
Code.
5. A Certificate of Occupancy shall only be issued aft-. all the required subdivision
improvements have been completed.
6. The City reserves the right to inspect the site • ensure compliance with the conditions
listed.
Section 3. If any section, part of a seion, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining . ovisions of this Resolution shall not be affected.
Section 4. Approval of the vacatiand closure shall be valid for a period of four years
and shall remain independent of the re'-renced tentative plat during this period.
Section 5. The approved inal plat must be recorded within the four-year approval
period of the requested vacation : nd closure.
Section 6. This Reso 4tion shall be effective immediately upon its adoption.
APPROVED AS TO F• M AND CORRECTNESS:
y
ttor ev 11/15/2022
r.
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