HomeMy WebLinkAboutPZAB (17071) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-25-008
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 17071 Date Rendered: 3/19/2025
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH
ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE
MIAMI CITY COMMISSION 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 FROM PUBLIC USE, A TWENTY FOOT
(20') PUBLIC ALLEY GENERALLY BOUNDED ALONG THE EASTERN BOUNDARY
OF THE PROPERTY AND GENERALLY LOCATED BETWEEN SOUTH OF
NORTHWEST 11 STREET, EAST OF NORTHWEST 42 AVENUE, NORTH OF
NORTHWEST 9 STREET, AND WEST OF NORTHWEST 41 AVENUE, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND
INCORPORATED EXHIBIT "A;" MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ethan Wasserman, Esquire and Marissa A. Neufeld, Esquire, on behalf of
Land 1 (One) LTD ("Applicant"), applied to the City of Miami ("City") to close, vacate,
abandon, and discontinue from public use of a twenty foot (20') public alley running along the
eastern boundary of the property located at approximately along the east side of Northwest 42
Avenue, from Northwest 9 Street to Northwest 11 Street ("Property"), with said public alley
being more particularly described in the attached and incorporated Exhibit "A" ("Public Right -
of -Way") pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami Code, as
amended, ("City Code") for the closure of a public alley; and
WHEREAS, the Public Right -of -Way is bounded along the eastern portion of the
Property and is generally located south of Northwest 11 Street, east of Northwest 42 Avenue,
north of Northwest 9 Street, and West of Northwest 41 Avenue, Miami, Florida; and
WHEREAS, the Property is located within the "T6-8-O," Urban Core Transect Zone —
Open; and
WHEREAS, the Property is located within the Miami Comprehensive Neighborhood
Plan's ("MNCP") Future Land Use designation of "General Commercial;" and
WHEREAS, based on the Tentative Plat, the area of the Public Right -of -Way is
approximately: Track F — 5,000 square feet or 0.115 acres, Track E — 9,774 square feet or
0.224 acres; and
WHEREAS, at its December 7, 2023 meeting, the City of Miami Plat and Street
Committee approved "Jvalle - Tentative Plat #1960-A" ("T-Plat") and recommended approval
of the vacation and closure of the Public Right -of -Way; and
WHEREAS, per the T-Plat, the Property line to the east measures 629.88', the
Date Rendered: 3/19/2025
City of Miami Page 1 of 4 File ID: 17071 (Revision:) Printed On: 3/19/2025
Property line to the west measures 629.84', the Property line to the north measures 112.79',
and the Property line to the south measures 113.48'; and
WHEREAS, pursuant to the provisions of Chapter 55, Section 55-15(a) of the City
Code, the City's Department of Resilience and Public Works ("RPW') and Office of Capital
Improvements ("OCI") has researched for any City projects involving this Public Right -of -Way
to be vacated and closed by the subject T-Plat and both Departments confirmed, in writing,
based on their records, that there was a City project in this area; and
WHEREAS, the Plat and Street Committee reviewed the request for the vacation and
closure of the Public Right -of -Way pursuant to the criteria as set forth in Chapter 55, Section
55-15; and
WHEREAS, the Plat and Street Committee found the request to comply with the
criteria;
and
WHEREAS, the Plat and Street Committee recommends approval with conditions of
the request; and
WHEREAS, the Planning Department reviewed the request for the vacation and
closure of the Public Right -of -Way to ensure compliance with Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") and the
MNCP; and
WHEREAS, the proposed vacating and closing of the Public Right -of -Way was
found to be consistent with Article 2, Section 2.1.2(b)(3) of the Miami 21 Code; and
WHEREAS, the proposed vacating and closing of the Public Right -of -Way was found
to be consistent with Article 2, Section 2.1.3.3(b) of the Miami 21 Code; and
WHEREAS, the proposed vacating and closing of the Public Right -of -Way was
found to be consistent with Article 3, Section 3.8.2(b) of the Miami 21 Code; and
WHEREAS, the proposed vacating and closing of the Public Right -of -Way was found
to be consistent with Article 3, Section 3.8.2(c) of the Miami 21 Code; and
WHEREAS, the proposed vacating and closing of the Public Right -of -Way was
found to be consistent with the Capital Improvements, Goal CI-1 of the MCNP; and
WHEREAS, the proposed vacating and closing of the Public Right -of -Way was
found to be consistent with Goal TR-1 of the MCNP; and
WHEREAS, the Planning Department recommends approval with conditions of the
request; 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 competent substantial evidence in the
record to recommend to the City Commission approval with conditions of the closure and
City of Miami Page 2 of 4 File ID: 17071 (Revision:) Printed On: 3/19/2025
vacating of the Public Right -of -Way;
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 the Public Right -of -
Way that is generally located at south of Northwest 11 Street, east of Northwest 42 Avenue,
north of Northwest 9 Street, and west of Northwest 41 Avenue, Miami, Florida, with the
following conditions:
1. The vacation and closure of the Public Right -of -Way shall be developed in accordance
with the "Jvalle - Tentative Plat #1960-A", consisting of two (2) sheets, digitally signed
and sealed by Mark Steven Johnson of Schwebke-Shiskin & Associates, Inc.,
Professional Surveyor and Mapper, LS No. 4775, State of Florida, with a Survey Date
of August 2, 2024.
2. The Applicant, owner, and any successor or assign shall comply with all conditions
and comments in the letter executed by Juvenal Santana, P.E., CFM, Supervisor of
Plats - Plat and Street Committee, on February 14, 2024, for the Jvalle Tentative
Plat # 1960-A located along the east side of Northwest 42 Avenue, and from
Northwest 9 Street to Northwest 11 Street.
3. The Applicant, owner, and any successor or assign shall meet applicable
development standards identified in the Miami 21 Code and all applicable local,
county, state, and federal regulations.
4. The Applicant, owner, and any successor or assign 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.
5. The Applicant, owner, and any successor or assign shall provide an ingress/egress
easement for public use in the footprint of the vacated Public Right -of -Way.
6. A building permit, including phased permits, shall 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.
7. Pursuant to Chapter 55 of the City Code, the Applicant shall obtain and submit the
Total Expenditure prior to the scheduling of a public hearing before the City
Commission. Payment to the City of the amount indicated on the Total Expenditure
shall be paid to the City before recordation of the Final Plat.
8. Approval of the requested vacation and closure shall be valid for a period of four (4)
years and shall remain independent of the referenced T-Plat during this period,
pursuant to Section 55-15 of the City Code.
City of Miami Page 3 of 4 File ID: 17071 (Revision:) Printed On: 3/19/2025
9. A Certificate of Occupancy shall only be issued after all the required
subdivision improvements have been completed.
10. The City reserves the right to inspect the subject 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.
Reviewed and Approved:
David Snow
City of Miami Page 4 of 4 File ID: 17071 (Revision:) Printed On: 3/19/2025
EXHIBIT "A"
LEGAL DESCRIPTION
THE EAST TWENTY (20) FEET OF LOTS 11 TO 20, BOTH INCLUSIVE OF BLOCK 2, OF
WHITEHEAD AND BLAIR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 44 AT PACE 78, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
LYING AND BEING IN SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE
COUNTY, FLORIDA.
EXHIBIT "A"
SKETCH AND LEGAL DESCRIPTION
ALLEY VACATION
N.W. 11 th S TREE T
20
19
EAST 20 FEET
ALLEY VACAT10NN18
(AREA: 12,598 SO. FT.)
U
0 oNo
CO L0
13 % N
EAST 20 FEET
DN aln. by Mark S Johnson
he� 01 oo 0000„a2AFz59a,000,a23A.
Mark _ _.hnson R� ,o So AUTHOR ZED I, MARK STEVEN psM
4775 ON THE .TE BELOW
Contact nfo 9. 43,7010
ORDER NO 218241
DATE: JULY 28, 2024
THIS IS NOT A " BOUNDARY SURVEY"
CERTIFICATE OF AUTHORIZATION No. LB-87
12
11
2
3
4
5
6
7
8
9
SCALE 1"=100'
LEGEND:
P.B. DENOTES PLAT BOOK
PG. DENOTES PAGE
DENOTES SUBJECT PARCEL
LEGAL DESCRIPTION:
THE EAST TWENTY (20) FEET OF LOTS 11
TO 20, BOTH INCLUSIVE OF BLOCK 2, OF
WHITEHEAD AND BLAIR SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 44 AT PAGE 78,
OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
LYING AND BEING IN SECTION 32, TOWNSHIP
53 SOUTH, RANGE 41 EAST, CITY OF MIAMI,
MIAMI-DADE COUNTY, FLORIDA.
NOTES:
1. AUTHENTIC COPIES OF THIS SKETCH AND
LEGAL DESCRIPTION MUST BEAR THE
1 O EMBOSSED SEAL OF THE ATTESTING
PROFESSIONAL LAND SURVEYOR.
2. THIS SKETCH HAS BEEN PREPARED
FOR THE EXCLUSIVE USE OF THE
ENTITY (ENTITIES) NAMED HEREON
"\\''''��,"1,11��1Iliti lL/� THE ATTACHED CERTIFICATION
V EN�''''�NT EXTEND TO ANY UNNAMED
THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVE PIP.S. . 0/
�� Iih V, ;SHEET 1 OF 1 SHEETS
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4. 775 �1 &
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CCU oR{ATE W§YrA g R&AR, FJ &3(25
N.W. 9th S TREE T
S - SGzQ:( ivz &
PHONE No.(954)435-7010
P' PARED UNL Y .SN17:)FR IISI
MARK STEVEN JOF'N„!V i' ���,
FLORIDA PROFESSIONAL 8AND;i, P(\1�EYOR No. 4775
REVISIONS
K \525341\WHI7EHEAD AND BLAIR SUBDIVISION\LOTS 11-20 BLK 2\SKETCH AND LEGAL\ALLEY VACATION DWG