HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 17709
Title: A RESOLUTION OF THE MIAMI 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 TWENTY FIVE FOOT (25')
UTILITY EASEMENT GENERALLY BOUNDED BY NORTHWEST 20TH
STREET, NORTHWEST 3RD AVENUE, NORTHWEST 22ND STREET,
AND NORTHWEST 4TH COURT, WITH AN ADDRESS OF 2000
NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, SPANNING IN A
NORTH -SOUTH DIRECTION, WITH SUCH UTILITY EASEMENT MORE
PARTICULARLY DESCRIBED IN THE ATTACHED AND
INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: The Right of Way is generally bounded by the following City of Miami
Thoroughfares: to the North by Northwest Twenty -Two (22) Street, to the east by Northwest
Third (3) Avenue, to the south by Northwest Twenty (20) Street, and to the west by Northwest
Fourth (4) Court.
APPLICANT(S): Marissa A. Neufeld, Esq. on behalf of Miami Dade County Public Housing and
Community Development.
PURPOSE: To close, vacate, abandon, and discontinue from public use a Utility Easement.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
PLANNING, ZONING AND APPEALS BOARD: On June 18, 2025, recommended approval with
conditions by a vote of 9-0.
City of Miami
Legislation
Resolution
Enactment Number: R-25-0323
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17709 Final Action Date:7/24/2025
A RESOLUTION OF THE MIAMI 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 TWENTY FIVE
FOOT (25') UTILITY EASEMENT GENERALLY BOUNDED BY NORTHWEST 20TH
STREET, NORTHWEST 3RD AVENUE, NORTHWEST 22ND STREET, AND
NORTHWEST 4TH COURT, WITH AN ADDRESS OF 2000 NORTHWEST 3RD
AVENUE, MIAMI, FLORIDA, SPANNING IN A NORTH -SOUTH DIRECTION, WITH
SUCH UTILITY EASEMENT MORE PARTICULARLY DESCRIBED IN THE
ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Marissa A. Neufeld, Esquire, on behalf of Miami Dade County Public
Housing and Community Development ("Applicant"), requests to close, vacate, abandon, and
discontinue from public use of a twenty five foot (25') Utility Easement ("Easement") pursuant to
Chapter 55, Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code"),
located at the property with an address of 2000 Northwest 3rd Avenue, Miami, Florida and
generally bounded by Northwest 20th Street, Northwest 3rd Avenue, Northwest 22nd Street,
and Northwest 4th Court ("Property"), spanning in a north -south direction, with such Easement
more particularly described in the attached and incorporated Exhibit "A"; and
WHEREAS, the Property is designated "T5-O," Urban Center Transect Zone -Open, on
the Zoning Atlas of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as
amended ("Miami 21 Code"); and
WHEREAS, the Property is designated "Medium Density Restricted Commercial" on the
Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan's ("MNCP");
and
WHEREAS, based on the Tentative Plat, the area of the Easement is approximately
407.62' x 25' and 9,878 square feet (0.23 Acres.); and
WHEREAS, at its October 11, 20204 meeting, the Plat and Street Committee reviewed
and approved the Rainbow — Tentative Plat #2062-A and the vacation and closure of the
Easement; and
WHEREAS, per the Tentative Plat, the Property is an irregular lot — the property line to
the north measures 746.86 feet, while the property line to the east measures 709.72 feet;
transitioning to the south, the property line measures 588.29 feet and moving to the west, the
property line is divided into five (5) segments: the first segment from the south measures 382.63
feet, the next segment measures 290.49 feet going east, the third segment measures 207.02
feet going north, the fourth segment measures 139.91 feet to the west, and the fifth segment
measures 35.24 feet to the north; finally, the curve, with an arc length (A) of 63.08 feet,
measures 407.62 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
Improvements ("OCI") researched for any City projects involving this Easement to be vacated
and closed by the subject Tentative Plat, and confirmed in writing that based on their records,
the City has not expended any funds within the prior fifty (50) years and/or any restricted funds
on improvements; and
WHEREAS, the Plat and Street Committee reviewed the request for the vacation and
closure of the Easement 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 Easement to ensure compliance with the Miami 21 Code and the MNCP; and
WHEREAS, the proposed vacating and closing of the Easement 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 Easement 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 Easement 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 Easement 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 Easement was found to be
consistent with the Capital Improvements, Goal CI-1 of the MCNP; and
WHEREAS, the proposed vacating and closing of the Easement 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, on June 18, 2025, at a duly noticed public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the application for a closure, item PZAB. 13, and
passed PZAB-R-25-035, recommending approval with conditions by a vote of nine to zero (9-0);
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 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 to close, vacate, abandon, and discontinue
for public use the Easement that is generally bounded by Northwest 20th Street, Northwest 3rd
Avenue, Northwest 22nd Street, and Northwest 4th Court, with the following conditions:
a. The vacation and closure of the Easement shall be developed in
accordance with the "Rainbow - Tentative Plat #2062-A", consisting of three (3)
sheets, digitally signed and sealed by John F. Pulice, Professional Surveyor and
Mapper, LS No. 2691, State of Florida, with a Survey Date of February 12, 2025.
b. The Applicant or their successor shall comply with all conditions and/or
comments in the letter 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 January 15, 2025, for the Tentative Plat # 2062-A
located along the Northwest corner of Northwest 3rd Avenue and Northwest 20th
Street.
c. Pursuant to Chapter 55 of the City Code, the Applicant shall obtain and
submit the Total Expenditure, if applicable, 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.
d. The Applicant, owner, any any successor shall meet applicable
development standards identified in the Miami 21 Code and all applicable local,
county, state, and federal regulations.
e. The Applicant, owner, or their 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.
f. Pursuant to Article 8 of the Miami 21 Code, the Applicant, owner, and
any successor must ensure that all future development follows these rules to
support Miami's goals for growth and better infrastructure.
g. 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
Code.
h. 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.
i. A Certificate of Occupancy shall only be issued after all the required
subdivision improvements have been completed.
j. The City reserves the right to inspect the Property 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 ten (10) days after its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y ttor' -y 8/7/2025