HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 15943
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO
CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, A REQUEST TO CLOSE, VACATE,
ABANDON, AND DISCONTINUE FROM PUBLIC USE A PLATTED
UTILITY EASEMENT ("UTILITY EASEMENT") ON THE PROPERTY
GENERALLY BOUNDED BY NORTHEAST 2 AVENUE AND
NORTHEAST 4 AVENUE, AND BETWEEN NORTHEAST 42 STREET
AND NORTHEAST 43 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: The utility easement is generally bounded by Northeast 2nd Avenue and
Northeast 4th Avenue, and between Northeast 42nd Street and Northeast 43rd Street
APPLICANT(S): Javier Fernandez, Esq. on behalf of 4201 NE 2nd Avenue, LLC
PURPOSE: To close, vacate, abandon, and discontinue from public use a utility
easement located on the abovementioned property.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
PLAT AND STREET COMMITTEE: On November 6, 2014, recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On April 3, 2024, recommended
approval, by a vote of 8-0.
City of Miami
Legislation
Resolution
Enactment Number: R-24-0213
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15943 Final Action Date:5/23/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, PURSUANT TO CHAPTER 55, SECTION 55-15(C)
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, A REQUEST TO
CLOSE, VACATE, ABANDON, AND DISCONTINUE FROM PUBLIC USE A PLATTED
UTILITY EASEMENT ("UTILITY EASEMENT") ON THE PROPERTY GENERALLY
BOUNDED BY NORTHEAST 2 AVENUE AND NORTHEAST 4 AVENUE, AND
BETWEEN NORTHEAST 42 STREET AND NORTHEAST 43 STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 55-15 of the Code of the City of Miami, Florida, as
amended, ("City Code") 4201 NE 2nd Avenue, LLC ("Applicant") requested to the City of Miami
("City") as part of the replatting process, to close, vacate, abandon, and discontinue from public
use a Utility Easement, as defined below; and
WHEREAS, the Utility Easement runs east to west, is contained within the
property generally bounded by Northeast 2nd Avenue and Northeast 4th Avenue, and between
Northeast 42nd Street and Northeast 43rd Street, Miami, Florida, as more particularly described
in the attached and incorporated Exhibit "A" ("Utility Easement"); and
WHEREAS, the Utility Easement is approximately ten (10) feet wide in width with an
area of 3,585 square feet as part of a 1.86-acre site; and
WHEREAS, the Utility Easement is located within both "T4-L," General Urban Zone —
Limited, and "T5-O," Urban Center Zone, Transects Zones on the Zoning Atlas of Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") and
within the Miami Design District Retail Street Special Area Plan Zoning Overlay; and
WHEREAS, the Utility Easement is within property designated on the Future Land Use
Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") as "Medium Density
Restricted Commercial;" and
WHEREAS, the City Plat and Street Committee ("Committee"), at its meeting of
November 6, 2014, reviewed and approved the Applicant's "Helm Design - Tentative Plat
#1852" ("Previous Tentative Plat") pursuant to Section 55-15 of the City Code and determined
that all technical requirements had been met and by a vote of five to zero (5-0) recommended
approval of the vacation and closure of the platted Utility Easement; and
WHEREAS, on or about September 24, 2015, the Miami City Commission unanimously
adopted Resolution No. R-15-0423 ("2015 Closure Resolution") approving the vacation and
closure of the platted Utility Easement; and
WHEREAS, the 2015 Closure Resolution was valid for a period of four (4) years and has
since expired; and
WHEREAS, the Applicant resubmitted their former Previous Tentative Plat to the City's
Plat and Street Committee, referred to as "Helm Design — Tentative Plat #1966 (Formerly #1941
and #1852-A)" ("Current Tentative Plat #1966"); and
WHEREAS, at the October 1, 2020, Committee meeting, the Applicant's Current
Tentative Plat #1966 was reviewed and approved, as part of the replatting process; and
WHEREAS, the Applicant was able to consecutively extend their Current Tentative Plat
#1966 through the tolling provisions of Section 252.363, Florida Statutes, by notifying the City's
Resilience and Public Works Department ("RPW') in writing; and
WHEREAS, the Current Tentative Plat #1966 currently has an expiration date of July 21,
2024; and
WHEREAS, the Applicant shall be subject to the corrections and/or comments from the
Committee's letter dated October 5, 2020, titled "Helm Design -Tentative Plat #1966" (Formerly
#1941 And #1852-A) located between Northeast 2 Avenue and Northeast 4 Avenue, and
between Northeast 42nd Street and Northeast 43rd Street"; and
WHEREAS, through this current application to vacate and close the Utility Easement,
the Applicant is now seeking a new Resolution from the Miami City Commission for the closing,
vacating, abandoning, and discontinuing for public use of the said Utility Easement; and
WHEREAS, the Planning Department defers to the Committee's findings to vacate and
close this Utility Easement; and
WHEREAS, the request to vacate and close this Utility Easement conforms to the
policies and goals of the MCNP, as amended, and is found to be consistent; and
WHEREAS, the request to vacate and close this Utility Easement conforms to the
policies and goals of the Miami 21 Code, and is found to be consistent; and
WHEREAS, pursuant to Section 55-15 of the City Code, and the findings, the Planning
Department recommends approval with conditions of the closure, vacation, abandonment, and
discontinued use of the Utility Easement from public use as part of the Applicant's Current
Tentative Plat #1966; and
WHEREAS, pursuant to Section 55-15(c) of the City Code, requests for the closure and
vacation of a Utility Easement are to be made by the regular method described therein; and
WHEREAS, pursuant to Section 55-15(c) of the City Code, the PZAB makes a
recommendation to the City Commission regarding decisions pertaining to the closure, vacation,
abandonment, and discontinued use of a Utility Easement from public use; and
WHEREAS, on April 3, 2024, at a duly notice public meeting, the PZAB considered the
application to close and vacate the Utility Easement, item PZAB.1, and adopted Resolution
PZAB-R-24-023, recommending approval with conditions, by a vote of eight to zero (8-0); and
WHEREAS, pursuant to Section 55-15(c) of the City Code, the abovementioned Utility
Easement shall revert to the abutting property owner(s) pursuant to such Section; and
WHEREAS, based on the letter from RPW (HELM DESIGN - TENTATIVE PLAT #1966
(Formerly #1941 and #1852-A) VACATION OF RIGHT OF WAY — EXPENDITURES OF
FUNDS/RESTRICTED FUNDS CONFIRMATION ("CONFIRMATION")), dated May 13, 2021,
RPW researched to determine whether there were any Capital Improvement projects involving
the right-of-way to be closed and vacated by the subject plat, and they confirmed based on their
records that no projects have occurred along the right-of-way planned to be vacated; and
WHEREAS, based on the Letter from the Office of Capital Improvements ("OCI") (HELM
DESIGN - TENTATIVE PLAT #1966 (FORMERLY #1941 AND #1852-A) VACATION OF RIGHT
OF WAY — EXPENDITURES OF FUNDS/RESTRICTED FUNDS CONFIRMATION
("CONFIRMATION"), dated April 4, 2023, OCI researched to determine whether there were any
Capital Improvement projects involving the right-of-way to be closed and vacated by the subject
plat, and they confirmed based on their records that no projects have occurred along the right-
of-way planned to be vacated; 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 evidence in the record to approve the closure and
vacating of the above -mentioned Utility Easement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 to close, vacate, abandon, and
discontinue for public use the Utility Easement that runs east to west, is contained within the
property generally bounded by Northeast 2nd Avenue and Northeast 4th Avenue, and between
Northeast 42nd Street and Northeast 43rd Street, Miami, Florida, as more particularly described
in the attached and incorporated Exhibit "A," with the following conditions:
1. The Applicant and any successor or assign shall comply with all conditions and
comments as stated in the Plat and Street Committee letter executed by Juvenal
Santana, P.E., CFM, Supervisor of Plats - Plat and Street Committee, Director - Public
Works, Department of Resilience and Public Works on October 5, 2020, for the "Helm
Design -Tentative Plat #1966" (Formerly #1941 And #1852-A) located between
Northeast 2 Avenue and Northeast 4 Avenue, and between Northeast 42nd Street and
Northeast 43rd Street.
2. The Applicant, owner, and any successor shall meet the development standards of the
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended,
("Miami 21 Code"), including the general provisions to guide the design, construction and
management of a new retail pedestrian street and its surrounding City streets as set
forth in Appendix F - Miami Design District Retail Street Special Area Plan, and all shall
meet all applicable local, state and federal regulations.
3. A building permit, including phased permits, will not be issued on the property being
platted 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 City Code.
4. 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.
5. 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,
pursuant to Section 55-15 of the City Code.
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. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y ' ttor -y 6/4/2024