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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 18483 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FROM PUBLIC USE, A PLATTED TWELVE FOOT (12') PUBLIC ROADWAY AND A TWENTY-FIVE FOOT (25') UTILITY EASEMENT LOCATED NEAR THE SOUTHWEST CORNER OF THE PROPERTY, AS WELL AS A TEN FOOT (10') UTILITY EASEMENT RUNNING THROUGH THE CENTER OF THE PROPERTY LOCATED AT 1400 NORTHWEST 20 STREET, MIAMI, FLORIDA GENERALLY BOUNDED BY NORTHWEST 19 TERRACE TO THE SOUTH, NORTHWEST 14 AVENUE TO THE EAST, NORTHWEST 20 STREET TO THE NORTH, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A" ("ROADWAY AND UTILITY EASEMENTS VACATION"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: The Roadway and Utility Easements are generally bounded by the following City of Miami Thoroughfares: Northwest 20 Street, Northwest 14 Avenue, and Northwest 19 Terrace APPLICANT(S): Carlos L. Diaz, Esquire, on behalf of Allapattah Investors, LLC. PURPOSE: To close, vacate, abandon, and discontinue from public use a Public Roadway and two (2) Utility Easements. FINDING(S): PLANNING DEPARTMENT: Recommended approval. City of Miami Legislation Resolution Enactment Number: R-25-0545 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18483 Final Action Date:12/11/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FROM PUBLIC USE, A PLATTED TWELVE FOOT (12') PUBLIC ROADWAY AND A TWENTY-FIVE FOOT (25') UTILITY EASEMENT LOCATED NEAR THE SOUTHWEST CORNER OF THE PROPERTY, AS WELL AS A TEN FOOT (10') UTILITY EASEMENT RUNNING THROUGH THE CENTER OF THE PROPERTY LOCATED AT 1400 NORTHWEST 20 STREET, MIAMI, FLORIDA GENERALLY BOUNDED BY NORTHWEST 19 TERRACE TO THE SOUTH, NORTHWEST 14 AVENUE TO THE EAST, NORTHWEST 20 STREET TO THE NORTH, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A" ("ROADWAY AND UTILITY EASEMENTS VACATION"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Carlos L. Diaz, Esquire, on behalf of Allapattah Investors, LLC, ("Applicant"), pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami, Florida, as amended, ("City Code"), applied to the City of Miami ("City") to close, vacate, abandon, and discontinue from public use a twelve -foot (12'-0") public roadway with a twenty- five -foot (25'-0") utility easement located near the southwest corner of the Property as well as a ten foot (10') utility easement running through the center of the Property ("Roadway and Utility Easements") located at 1400 Northwest 20 Street, Miami, Florida, as described in the attached and incorporated Exhibit "A" ("Property"); and WHEREAS, the property is bounded by Northwest 19 Terrace to the south, Northwest 14 Avenue to the east, and Northwest 20 Street to the North; and WHEREAS, the Property is designated as "T6-8-O," Urban Core 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 has a Future Land Use designation "General Commercial" on the Miami Comprehensive Neighborhood Plan's ("MNCP") Future Land Use Map ("FLUM"); and WHEREAS, the Property's gross area is approximately 87,817 square feet or 2.016 acres; and WHEREAS, based on the Tentative Plat ("Legacy Twenty, "Tentative Plat #2070- A), there is an existing a platted twelve -foot (12'-0") roadway with a twenty -five-foot (25'-0") utility easement near the southwest corner of the site, totaling approximately 2,353 square feet (0.054 acres) that is proposed to be closed and vacated; and WHEREAS, based on the Tentative Plat, there is also a ten -foot (10') Utility Easement, running through the center of the property, totaling approximately 2,806 square feet (0.064 acres) that is proposed to be closed and vacated; and WHEREAS, at its February 6, 2025 meeting, the City's Plat and Street Committee approved Tentative Plat "Legacy Twenty - Tentative Plat #2070-A" and recommended approval of the vacation closure of the Roadway and Utility Easements; and WHEREAS, per the Tentative Plat, the property line to the east measures 230.55', the property line to the west measures 280.04', the property line to the north measures 289.27', and the 288.57property line to the south measures 288.57'; and WHEREAS, pursuant to the provisions of Chapter 55, Section 55-15 of the City Code, the City's Department of Resilience and Public Works ("RPW') and the City's Office of Capital Improvements ("OCI") researched for any City projects involving the Roadway and Utility Easements to be vacated and closed by the subject Tentative Plat, and both Departments confirmed in writing based on their records, that 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 Roadway and Utility Easements pursuant to the criteria as set forth in Chapter 55, Section 55-15 of the City Code; and WHEREAS, the Plat and Street Committee found the request to comply with the applicable criteria; and WHREAS, the Plat and Street Committee recommended approval with conditions of the request; and WHEREAS, the Planning Department reviewed the request for the vacation and closure of the Roadway and Utility Easements to ensure compliance with the Miami 21 Code and the MCNP; and WHEREAS, the proposed vacating and closing of the Roadway and Utility Easements 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 Roadway and Utility Easements 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 Roadway and Utility Easements 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 Roadway and Utility Easements 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 Roadway and Utility Easements was found to be consistent with the Capital Improvements, Goal CI-1 of the MCNP; and WHEREAS, the proposed vacating and closing of the Roadway and Utility Easements was found to be consistent with Goal TR-1 of the MCNP; and WHREAS, the Planning Department recommends approval with conditions of the request; and WHEREAS, the Planning, Zoning and Appeals Board("PZAB"), at its meeting on November 19, 2025, following an advertised public hearing, adopted Resolution No. PZAB-R- 25-077 by a vote of nine to zero (9 - 0), Item No. 2, recommending approval with conditions of the vacation closure; 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 substantial evidence in the record to approve with conditions the closure and vacation of the Public Road and Utility Easements as described herein; 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 Public Roadway and Utility Easements at the Property described herein, with the following conditions: 1. The vacation and closure of the Roadway and Utility Easements, as described herein, batch stamp file number PZ-25-19337, shall be developed in accordance with the "Legacy Twenty -Tentative Plat #2070-A", digitally signed and sealed by Jacob Gomis from Royal Point Land Surveyors, Inc., Professional Surveyor and Mapper, LS No. 6231, State of Florida, with a Survey Date of May 21, 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 March 20, 2025, for the Tentative Plat # 2070-A located along the west side of Northwest 14 Avenue, from Northwest 19 Terrace to Northwest 20 Street. 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 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. 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 the 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. 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 upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ge . Wye ng III, C y ttor -y 1/6/2026 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.