HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 15046
Title: 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, VACATING AND
CLOSING FROM PUBLIC USE NORTHEAST 83 LANE, A CITY OF
MIAMI MAINTAINED RIGHT-OF-WAY GENERALLY BOUND BY
NORTHEAST 85 STREET, EAST DIXIE HIGHWAY, NORTHEAST 83
TERRACE, AND BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED ("STREET VACATION AREA"); MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: The Street Vacation Area is generally bounded by the following City of
Miami (The "City") Thoroughfares: Northeast 85 Street, East Dixie Highway, Northeast
83 Terrace, And Biscayne Boulevard
APPLICANT(S): Robert Behar, Esq. on behalf of 8347 Biscayne, LLC
PURPOSE: To vacate and close from public use a Street Vacation Area.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
PLANNING, ZONING AND APPEALS BOARD: On November 15, 2023, recommended
approval by a vote of 7-0.
City of Miami
Legislation
Resolution
Enactment Number: R-23-0553
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15046 Final Action Date:12/14/2023
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, VACATING AND CLOSING FROM PUBLIC USE
NORTHEAST 83 LANE, A CITY OF MIAMI MAINTAINED RIGHT-OF-WAY
GENERALLY BOUND BY NORTHEAST 85 STREET, EAST DIXIE HIGHWAY,
NORTHEAST 83 TERRACE, AND BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED
("STREET VACATION AREA"); MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, 8347 Biscayne, LLC ("Applicant") submitted a Vacation Closure 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 from public use of
Northeast 83 Lane, a City -maintained right-of-way, generally bound by Northeast 85 Street,
East Dixie Highway, Northeast 83 Terrace, and Biscayne Boulevard, Miami, Florida, as more
particularly described in Exhibit "A," attached and incorporated ("Street Vacation Area"); and
WHEREAS, the Street Vacation Area is approximately 8,522 square feet (or 0.196
acres); and
WHEREAS, the properties adjacent to the Street Vacation Area are located within the
Miami Comprehensive Neighborhood Plan's ("MNCP") Future Land Use designation of
"Restricted Commercial;" and
WHEREAS, the properties adjacent to the Street Vacation Area are located within the
"T5-R," Urban Center Transect Zone — Restricted, and "T6-8-O," Urban Core Transect Zone —
Open, on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"); and
WHEREAS, the Applicant's proposal to vacate and close from public use the Street
Vacation Area complies with the MCNP's Goal CI-1 and Goal TR-1 and the Miami 21 Code
Article 2, Sections 2.1.2(b)(3) and 2.1.3.3(b); and
WHEREAS, the City's Plat and Street Committee, at its May 5, 2023 meeting, reviewed
and approved the Little River Heights - Tentative Plat #2003 ("Tentative Plat") based on the four
(4) questions pursuant to Section 55-15(c) of the City Code; and
WHEREAS, the Tentative Plat is subject to revisions being made to the Tentative Plat,
additional information being provided and/or variances being granted; and the processing of the
Tentative Plat cannot proceed until those conditions have been satisfied; and
WHEREAS, the Plat and Street Committee Chair submitted a summary of the Plat and
Street Committee's favorable review of the of the public interest findings concerning the
vacation and closure of the Tentative Plat to the Supervisor of Plats/ Director of the Department
of Resilience and Public Works; and
WHEREAS, pursuant to Chapter 55, Section 55-15(d), after review of the Tentative Plat,
and if the Tentative Plat complies with the technical requirements of Chapter 55, the Plat and
Street Committee shall forward to the Planning, Zoning and Appeals Board ("PZAB") and the
subdivider, in writing, its findings of fact that the Tentative Plat is in conformance with the
technical requirements of Chapter 55, and shall also include its recommendations based on
consideration of those items in subsection (c); and
WHEREAS, pursuant to Chapter 55, Section 55-15(f), after issuance of the findings of
fact and recommendations by the Plat and Street Committee, the subdivider shall make an
application to the City's Hearing Boards Section for a public hearing by the PZAB for a
recommendation on the vacation and closure; and
WHEREAS, pursuant to Chapter 55, Section 55-15(g), after public hearing before the
PZAB and a recommendation by the PZAB for or against the vacation and closure, a public
hearing shall be held before the City Commission; and
WHEREAS, pursuant to Chapter 55, Section 55-15(a), any subdivider or applicant
requesting to vacate and close a right(s)-of-way shall research and obtain a confirmation from
the City's Office of Capital Improvements ("OCI") and the Department of Resilience and Public
Works ("RPW') regarding whether the City expended any funds for improvements on the
right(s)-of-way proposed to be vacated and closed within the prior 50 years, except as to
restricted funds required to be repaid regardless of the timeframe ("Confirmation"); and
WHEREAS, based on the RPW review of the Little River Heights - Tentative Plat #2003,
a letter was issued titled the "Little River Heights - Tentative Plat #2003 Vacation of Right -of -
Way — Expenditures of Funds/Restricted Funds Confirmation" ("RPW Confirmation Letter"),
dated June 15, 2023, where they identified the following City project involving the right-of-way,
that being Northeast 83 Lane, proposed to be vacated and closed: North Shorecrest Roads
Project — B-30035A; and
WHEREAS, based on the OCI review of the Little River Heights - Tentative Plat #2003, a
letter was drafted title "Little River Heights - Tentative Plat #2003 Vacation of Right -of -Way —
Expenditures of Funds/Restricted Funds Confirmation ("OCI Confirmation Letter") dated
October 20, 2023, where they identified the following City project involving the right-of-way, that
being Northeast 83 Lane, proposed to be vacated and closed: North Shorecrest Roads Project
— B-30035A; and; 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, on
November 15, 2023, the PZAB found that there was competent substantial evidence in the
record to recommend to the City Commission approval with conditions of the closure and
vacation of the Street Vacation Area right-of-way by adopting PZAB-R-23-113, by a vote of
seven to zero (7-0); 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 in the record to approve with
conditions the closure and vacation of the Street Vacation Area right-of-way;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OFTHE 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 Northeast 83
Lane, a City -maintained right-of-way, generally bound by Northeast 85 Street, East Dixie
Highway, Northeast 83 Terrace, and Biscayne Boulevard, Miami, Florida, as more particularly
described in the Exhibit "A," attached and incorporated ("Street Vacation Area") with the
following conditions:
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 vacation and closure of the Street Vacation Area shall be developed in accordance
with the Tentative Plat titled the "Little River Heights - Tentative Plat #2003," as
prepared, signed, and sealed by Mark Steven Johnson, Professional Land Surveyor
(License number 4775) of Schwebke-Shiskin & Associates, Inc. with a survey date of
November 28, 2022 ("Tentative Plat").
2. A building permit, including phased permits, will not be issued on the property being
(re)platted via the Tentative Plat until the final plat is recorded in the official records of
Miami -Dade County, Florida or as authorized by Section 55-10(j) of the Code of the City
of Miami, Florida, as amended.
3. A temporary certificate of occupancy or a certificate of occupancy shall not be issued,
unless and until the governmental agency or developer obtains final plat approval and
records the final plat in the official records of Miami -Dade County, Florida, within the
recordation period as defined in Section 55-10(j)(10) of the City Code.
4. 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 Street Vacation Area
proposed for closure shall be repaid by the Applicant before recordation of the Final
Plat, if any.
5. The City reserves the right to inspect the Street Vacation Area site to ensure compliance
with the conditions listed.
6. Failure to comply with the conditions herein may result in the immediate revocation of
this "Vacation Closure" application and shall be subject to any fines and penalties
pursuant to the City Code.
7. Pursuant to Chapter 55, Section 55-15 of the City Code, "[an] approval of the requested
vacation and closure shall be valid for a period of four 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."
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:
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