HomeMy WebLinkAboutPZAB (15711) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-023
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15711 Date Rendered: 4/23/2024
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD ("PZAB"),
WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE
CITY COMMISSION PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CITY
OF MIAMI CODE OF ORDINANCES, AS AMENDED, TO CLOSE, VACATE,
ABANDON, AND DISCONTINUE FROM PUBLIC USE AN UNDERGROUND,
PLATTED UTILITY EASEMENT (THE "UTILITY EASEMENT") GENERALLY
BOUNDED BY NORTHEAST ST 2 AVENUE AND NORTHEAST 4 AVENUE, AND
BETWEEN NORTHEAST 42 STREET AND NORTHEAST 43 STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Chapter 55, Section 55-15 of the City of Miami Code of
Ordinances (City Code), the Applicant is requesting, through the replatting process, to
close, vacate, abandon, and discontinue from public use a Utility Easement; and
WHEREAS, the Utility Easement runs east west and 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; 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 the Miami 21 Zoning
Code's "T4-L" General Urban Zone — Limited, "T5-O" Urban Center Zone, and the
Miami Design District Retail Street Special Area Plan Zoning Overlay; and
WHEREAS, the Utility Easement is designated in the Miami Comprehensive
Neighborhood Plan as "Medium Density Restricted Commercial;" and
WHEREAS, the City of Miami Plat and Street Committee (the "Committee"), at its
meeting of November 6, 2014, reviewed the Applicant's "HELM DESIGN", Tentative
Plat #1852 (the "Previous Tentative Plat") pursuant to Chapter 55, Section 55-15 of the
City of Miami Code of Ordinances; and
WHEREAS, on September 24, 2015, the Miami City Commission unanimously
adopted Resolution No. R-15-0423 (the "Closure Resolution approving the vacation and
closure of the Utility Easement, as part of the Previous Tentative Plat); and
Date Rendered: 4/23/2024
City of Miami Page 1 of 5 File ID: 15711 (Revision:) Printed On: 4/23/2024
WHEREAS, the Applicant's previous Tentative Plat was not recorded within the
four-year allotted period and effectively expired on November 6, 2018, per Chapter 55,
Section 55-15 of City Code requirements; and
WHEREAS, the Applicant was able to consecutively extend their Previous
Tentative Plat through the "Tolling" provisions of Florida Statute 252.363, as amended,
by notifying the City of Miami's Resilience and Public Works Department ("RPW') in
writing; and
WHEREAS, the Applicant received their latest written confirmation from RPW
with a new expiration date of June 25, 2023; and
WHEREAS, the Applicant resubmitted their former Previous Tentative Plat to the
City's Plat and Street Committee under a new title called the "Helm Design -Tentative
Plat #1966 (Formerly #1941 and #1852-A), which is now referred to as the (the "Current
Tentative Plat #1966"); and
WHEREAS, at the October 1, 2020, Plat and Street Committee meeting, the
Applicant's Current Tentative Plat #1966 was reviewed, as part of the replatting
process, which was subsequently followed with the Applicant's request to vacate and
close the Utility Easement based on the four (4) items pursuant to Chapter 55, Section
55-15 of the City of Miami Code of Ordinances; and
WHEREAS, the Plat and Street Committee members unanimously
recommended approval of the Applicant's request to close, vacate, abandon, and
discontinue from public Use a Utility Easement to the Planning, Zoning, and Appeals
Board; and
WHEREAS pursuant to the Resolution No. R-15-0423 for the vacation and
closure of the Utility Easement, such closure is to be modified to reflect the Current
Tentative Plat #1966, while the Applicant shall be subject to the corrections and/or
comments from the RPWs Letter dated October 5, 2020 with the title: "Helm Design -
Tentative Plat #1966 (Formerly #1941 And #1852-A) located between NE 2 Avenue and
NE 4 Avenue, and between NE 42nd Street and NE 43rd Street"; and
WHEREAS, through this Vacation Closure application, 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 Plat and Street 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 Miami Comprehensive Neighborhood Plan, as amended,
and is found to be consistent; and
City of Miami Page 2 of 5 File ID: 15711 (Revision:) Printed On: 4/23/2024
WHEREAS, the request to vacate and close this Utility Easement conforms to
the policies and goals of the Miami 21 Zoning Code, as amended, and is found to be
consistent; and
WHEREAS, pursuant to Chapter 55, 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 a Utility Easement from public use as
part of the Applicant's Current Tentative Plat #1966; and
WHEREAS, pursuant to Chapter 55, Section 55-15(c) of the City Code requests
for the closure and vacation of the Utility Easement are to be made by the regular
method described therein; and
WHEREAS, pursuant to Chapter 55, Section 55-15(c) of the City Code, the
Planning, Zoning, and Appeals Board (PZAB) is designated as the authority to render
decisions pertaining to the closure, vacation, abandonment, and discontinued use of a
Utility Easement from public use; and
WHEREAS, pursuant to Chapter 55, 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 City of Miami's Department of Resilience and Public
Works Letter (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, they researched
to determine if 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 City of Miami's Office of Capital Improvements Letter
(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, they researched to
determine if 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 Planning, Zoning, and Appeals Board finds that there is substantial evidence
in the record to recommend to the City Commission approval with conditions of the
closure and vacating of the above -mentioned Easements;
City of Miami Page 3 of 5 File ID: 15711 (Revision:) Printed On: 4/23/2024
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 recommends approval to
the City Commission to close, vacate, abandon, and discontinue for public use a Utility
Easement generally bounded by Northeast 2nd Avenue and Northeast 4th Avenue, and
between Northeast 42nd Street and Northeast 43rd Street, Miami, Florida, with the
following recommended conditions:
1. The "Use" of the Closure Resolution, City of Miami Resolution No. R-15-0423, for
the vacation and closure of the Utility Easement is to be modified to reflect the
Current Tentative Plat #1966 while the Applicant shall be subject to the
corrections and/or comments from the City's Dept. of Public Works Letter, dated
October 5, 2020.
2. The Applicant, owner, or successor shall meet the development standards of
Ordinance No. 13114 ("Miami 21 Code"), as amended, 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 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 of Miami Code of
Ordinances, as amended.
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 of Miami Code of Ordinances, as amended.
5. 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 be effective immediately upon its adoption.
City of Miami Page 4 of 5 File ID: 15711 (Revision:) Printed On: 4/23/2024
Reviewed and Approved:
David Snow
City of Miami Page 5 of 5 File ID: 15711 (Revision:) Printed On: 4/23/2024