HomeMy WebLinkAboutR-25-0226City of Miami
Resolution R-25-0226
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17519 Final Action Date: 6/17/2025
A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, PURSUANT TO CHAPTER 55, SECTION
55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
CLOSE, VACATE, ABANDON, AND DISCONTINUE FROM PUBLIC USE, A
PORTION OF NORTHWEST 34 TERRACE, BETWEEN NORTHWEST 2
AVENUE AND NORTHWEST 1 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, Arthur Noriega V, on behalf of the City of Miami ("Applicant") requests to
close, vacate, abandon, and discontinue from public use a portion of Northwest 34th Terrace
between Northwest 2nd Avenue and Northwest 1st Avenue, as more particularly described in
the attached and incorporated Exhibit "A" ("Right -of -Way"), consisting of 27,501.76 square feet,
pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami, Florida, as amended
("City Code"), for the closure of a public street; and
WHEREAS, the Right -of -Way is generally bounded on the north by Northwest 35th
Street, on the east by Northwest 1st Avenue, on the south by Northwest 34th Street, and on the
west by Northwest 2nd Avenue, Miami, Florida; and
WHEREAS, the Right -of -Way is located within the "CS," Civic Space Transect Zone and
within the property known as Roberto Clemente Park; and
WHEREAS, the Right -of -Way is located within the Miami Comprehensive Neighborhood
Plan's ("MNCP") Future Land Use designation of "Public Parks and Recreation"; and
WHEREAS, based on the Tentative Plat described herein, the area of the Right -of -Way
is approximately 27,501.76 square feet or 0.63 acres; and
WHEREAS, the area to be vacated is already used as part of Roberto Clemente Park
and not needed for any service vehicles; and
WHEREAS, at its October 11, 2024, the City of Miami Plat and Street Committee
approved "Roberto Clemente Park Subdivision Tentative Plat #2064" and the vacation closure
of the Right -of -Way; and
WHEREAS, per the Tentative Plat, the dimensions of the portion to be vacated are to
the north 550.04 feet, to the east 50.00 feet, to the south 550.03 feet, and to the west 50.00
feet; 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
City of Miami Page 1 of 4 File ID: 17519 (Revision:) Printed On: 8/22/2025
File ID: 17519 Enactment Number: R-25-0226
Improvements ("OCI") has researched for any City projects involving this Right -of -Way to be
vacated and closed by the subject Tentative Plat; and
WHEREAS, RPW found that there was a City project, indicated in the letter dated May 9,
2025; and
WHEREAS, the May 9, 2025 letter further indicated that, pursuant to 55-15(a) for those
plats where a right-of-way is to be closed and vacated and such former right(s)-of-way is made
a part of a lot owned and used by a non -revenue generating governmental agency and used for
a public purpose, the subdivider shall be exempt from payment of the total expenditures for so
long as the lot(s) containing said right(s)-of-way remain owned and used by a non -revenue
generating governmental agency for a public purpose and shall be pro -rated based upon the
square footage of the right(s)-of-way to be contained in a lot owned and used by a non -revenue
generating governmental agency and used for a public purpose, relative to that which is not;
and
WHEREAS, this vacated right-of-way will be used by the City as a part of a City park;
and
WHEREAS, the Plat and Street Committee reviewed the request for the vacation and
closure of the 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
WHREAS, 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 Right -of -Way to ensure compliance with Miami 21 and the MNCP; and
WHEREAS, the Planning Department recommends approval with conditions of the
request; and
WHEREAS, on April 16, 2025, at a duly noticed public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the application for closure of the Right -of -Way, item
PZAB 12, and passed PZAB-R-25-022, recommending approval with condition by a vote of
eight to zero (8-0); 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
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 as
described herein; and
WHEREAS, the City Commission reviewed the request for the vacation and closure of
the Right -of -Way pursuant to the criteria as set forth in Chapter 55, Section 55-15 of the City
Code; and
WHEREAS, the City Commission found the request to comply with the criteria; and
City of Miami Page 2 of 4 File ID: 17519 (Revision:) Printed on: 8/22/2025
File ID: 17519 Enactment Number: R-25-0226
WHEREAS, the City Commission approves with conditions the closure and vacation of
the Right -of -Way; 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 Miami
City Commission finds that there is competent substantial evidence in the record to approve
with conditions the closure and vacating of the Right -of -Way;
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 closure, vacation, abandonment, and
discontinuance for public use the Right -of -Way that is generally bounded on the north by
Northwest 35th Street, on the east by Northwest 1st Avenue, on the south by Northwest 34th
Street, and on the west by Northwest 2nd Avenue, Miami, Florida, as more particularly
described in the attached and incorporated Exhibit "A," with the following conditions:
1. The vacation and closure of the Right -of -Way shall be developed in accordance with the
"Tentative Plat # 2064", consisting of two (2) sheets, digitally signed and sealed by Silvia
Nuin of Manuel G. Vera & Associates, Inc., Professional Surveyor and Mapper, LS No.
5982, State of Florida, with a Survey Date of January 29, 2025.
2. The Applicant and any successor shall comply with all conditions and/or comments in
the letters drafted and signed by Juvenal Santana, P.E., CFM, Supervisor of Plats - Plat
and Street Committee, Department of Resilience, Public Works, Development and
Roadway Plans, Planning and Zoning, and standard comments, on February 7, 2025,
and February 20, 2025, for the Tentative Plat # 2064 located from NW 34 Street to NW
34 Terrace, and along the north side of NW 34 Terrace; from NW 1 Avenue to NW 2
Avenue.
3. 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.
4. The Applicant, owner, or 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.
5. 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 City Code.
6. 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.
7. A Certificate of Occupancy shall only be issued after all the required subdivision
improvements have been completed.
8. If the Right -of -Way ceases to be used by a non -revenue generating governmental
agency and/or ceases to be used for a public purpose, the Applicant, owner, or any
successor shall repay the total expenditure in order to maintain compliance with
restrictions related to tax-exempt bond, restricted grant, and other funds.
9. The City reserves the right to inspect the Right -of -Way site to ensure compliance with
the conditions listed.
City of Miami Page 3 of 4 File ID: 17519 (Revision:) Printed on: 8/22/2025
File ID: 17519
Enactment Number: R-25-0226
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 ten (10) days upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
7/28/2025 Ges+lrae. Wvna III' City �"Cttortl� v / 8/7/2025
1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within
ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it
shall become effective immediately upon override of the veto by the City Commission or upon
the effective date stated herein, whichever is later.
City of Miami Page 4 of 4 File ID: 17519 (Revision:) Printed on: 8/22/2025