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MEA
7/6/76
RESOLUTION NO. 77-62
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF N.W.
33Rb AVENUE FROM THE NORTH RIGHT-OF-WAY LINE
OF N.W. 13TH TERRACE, NORTHERLY TO COMFORT
CANAL, IN CONJUNCTION WITH TENTATIVE PLAT
NO. 961 - "YVETTE SUB"
WHEREAS, the Miami Zoning Board, at its meeting of
June 21, 1976, Item No. 2, following an advertised hearing,
adopted Resolution No. ZB 115-76 by a 4 to 2 vote (2 members
absent), recommending the official vacation and closure of
N.W. 33rd Avenue from the north right-of-way line of N.W. 13th
Terrace, northerly to Comfort Canal, in conjunction with Tentative
Plat No. 961 - "YVETTE SUB";
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. N.W. 33rd Avenue from the north right-
of-way line of N.W. 13th Terrace, northerly to Comfort Canal,
in conjunction with Tentative Plat No. 961 - "YVETTE SUB",
be and the same is hereby closed, vacated, abandoned and dis-
continued for public use.
PASSED AND ADOPTED this 26th day of January,
1977.
ITY v ER
PTZEPARED AND APPROVED BY:
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
FRANK H. WESTON
ACTING CITY ATTORNEY
MAURICE A. FERRE
MAYOR
"DOCUMENT INDEX
ft
ITEM NO.
CITY COMMISSION
MEETING OF
JAN : 6 1977
RESOLUTION NO
EYARKS; .......
OCA ION/LEGAL
OWNER/APPLICANT
DEVELOPER
ZONING
REQUEST
EXPLANATION
RECOMMENDATIONS
-PLAT & STREET
COMMITTEE
ZONING FACT SHEET
Approximately NW 33rd Avenue and NW 13th terrace
Lots E, F, G, H and J of Comfort Gardens 1st Addition
7-40 and that portion of NW 33rd Avenue into Tracts "A"
and "B" entitled "Yvette Sub" TP 761.
Nestor Gonzalez - 4/22/76
Nestor Gonzalez
R -2 Two Family Dwelling
Vacation and Closure of unimproved right-of-way known
as NW 33rd Avenue from the north right-of-way line of
NW 13th Terrace, northerly to the Comfort Canal.
Closure of that portion of fifty (50) foot unimproved right-
of-way known as NW 33rd Avenue extending south from
Comfort Canal approximately one hundred and twenty-one
(121) feet intersecting with NW 13th Terrace and shown on
Tentative Plat #961 entitled Yvette Subdivision. The closure
represents six thousand and fifty (6050) square feet of land
area; however, since the applicant was required to dedicate
property for street right-of-way and easement purposes
totalling fifty four hundred and forty (5440) square feet, the
net addition to the applicant's property resulting from the
replat amounts to approximately six hundred and ten (610)
square feet. This addition and the replatting of lots E, F,
Gand H into new Tract A comprises 25, 860 square feet of lot
area permitting the applicant to file an application for eight
dwellings of a planned unit nature. The applicant's property
originally consisted of 27, 000 square feet prior to the acqui-
sition of portions of Lots E and F for State Road 836 (East-
West Expressway). Planning Departrnent staff has discussed
the use of the property resulting from the closure request
with the applicant and have been informed that its intended
use would be for parking and open space purposes. The
attached illustration depicts the property location.
The Plat and Street Committee at their meeting 4-28-76
approved the tentative plat (TP #961) subject to vacation
and closure of that portion of NW 33rd Avenue right-of-way.
The Committee found no basis for the retention of the right-
of-way.
r
-PLANNING
DEPARTMENT
'ZONING BOARD
COMMUNITY
REACTION
-PARK DEVELOPMENT
REPORT
-CITY
MMISSION
-PLAT 3 STREET
COMMITTEE
APPttovAL: The retention of undeveloped public right&of•
way would serve no public purpose since it provides no
access beyond the applicant's property. The replatting of
eXisting lots providing for a forty (40) foot cul-de-sac at
the intersection of NW 13th Terrace and 33rd Avenue super-
sedes the need for the right-of-way by providing access in a
more resourceful mariner. The closure will enable the
applicant to develop his land in a more meaningful arrange-
ment while returning the land to the tax rolls.
Resolution #ZB 76-115, 6/21/76 Recommended approving
the closure to the City Commission by a 4-2 vote (2 absent).
Four (4) objectors present at the Zoning Board hearing cited
the following reasons for retaining the right-of-way:
Traffic congestion generated by the applicant's
development
Need for a neighborhood park
Creation of a bridge to connect NW 14th Street
No written objections were received.
The Departments of Parks and Recreation and Planning have
evaluated the use of the subject property for park development
and find that the development of a park at this location is not
justified. This recommendation is based upon the proximity
of park facilities at nearby Grapeland Heights Community
Park (NW 37th Avenue and 14th Street) and the anticipated
capital costs required to develop and maintain the site for a
park. Capital expenditures for park development have been
calculated from $8800 to $20, 500 depending on the facilities.
In addition annual operating cost to maintain a facility at this
location would cost between $7500 and $9000.
Deferral for Commission site inspection 7-26-76.
Deferred action on 10-27-76, until a revised plat was prepared
that would establish proposed cul-de-sac north of its original
location to permit use of triangular parcel at the terminus of
NW 13th Terrace by abutting property owners.
Recommended approval on 12-22-76 of a revised tentative plat
#961A "YVETTE SUB -DIVISION, " subject to the vacation of
NW 33rd Avenue and the inclusion of a new Tract "C", remnant
parcel at the western terminus of NW 13th Terrace and 33rd
A venue.
PRnPOSEb 40'
Ct)L• •s• SAG
Py' PL&r
Tip 96/ "YVETTE 5ZSD/ 5/OM"
att. �a�-
.T t s6t..fe.12 W44041=14
TRACT 1
-
ry
X%4T►NG P¢►VA" E
►R,PE1t'CY '(fib D
tatoCATILO
N.W. /3 TERRACE
Gb • F ',.T c- - r.>I► l-
EXISTIw6 RIGHT'
OF WAY To OE„
Ct.osEc7
M \
ToikeT c.
TP 9G / A oierxto4LbAois wre
"yvirro 516D/V/6I0N
i
Oft
20 wre t sirme sorb o
Teti' I
60
i
N.W. /3 TERRACE
IMMO
CITY OF MIAMI PLANNING DEPARTMENT
NORTH
11
Honorable City Cottttttita iOn
Attention: Mr. Joseph R. Grata +
City of Miami, Florida
Gentlemen:
The Miami Zoning Board, at its meeting of June 21, 1976, Item 42,
following an advertised Hearing, adopted Resolution No. ZB 115-76
by a 4 to 2 vote (2 members absent) RECOMMENDING the official
vacation and closure of N. W. 33rd Avenue from the north right-of-way
line of N. W. 13th Terrace, northerly to Comfort Canal, in conjunction
with Tentative Plat 4961 - "YVETTE SUB".
No objections were received in the mail: four objectors were present.
A RESOLUTION to provide for this closure has been prepared by the
City Attorney's office and submitted for consideration of the City
Commission.
ret
flariba
l Leber 13, 1976
STREET CLOSURE - RECOMM NOD
N. W. 33rd Avenue & N. W. 13th
Terrace, Tentative Plat 4961 -
"YVETTE SUB"
Applicant: Nestor Gonzalez
Sincerely,
Rober 'CA Davis, Director
Department of Administration
Planning and Zoning Boards
Z.M. 26
Attached: Minutes
cc: Law Department
Planning Department
NOTE: Planning Department recommendation: APPROVAL.
Tentative City Commission date: October 27, 1976.