HomeMy WebLinkAboutPZAB (17683) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-25-035
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17683 Final Action Date: 6/18/2025
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 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 (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 located 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
City of Miami Page 1 of 4 File ID: 17683 (Revision:) Printed On: 6/25/2025
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
City of Miami Page 2 of 4 File ID: 17683 (Revision:) Printed On: 6/25/2025
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
vacation of the Easement; and
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 Easement that is
generally bounded by Northwest 20th Street, Northwest 3rd Avenue, Northwest 22nd Street,
and Northwest 4th Court, with the following conditions:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
City of Miami Page 3 of 4 File ID: 17683 (Revision:) Printed On: 6/25/2025
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 Tentative Plat during this
period, pursuant to Section 55-15 of the City Code.
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 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 immediately upon its adoption.
Reviewed and Approved:
vid
avid Snow, issistant'Crect
or— w 6/24/2025
City of Miami Page 4 of 4 File ID: 17683 (Revision:) Printed On: 6/25/2025