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HomeMy WebLinkAboutPZAB (18964) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-26-018 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 18964 Date Rendered: 4/17/2026 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE CITY COMMISSION PURSUANT TO CHAPTER 55, SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO VACATE AND CLOSE A 15- FOOT- WIDE PUBLIC ALLEY THAT RUNS EAST FROM AN EXISTING PRIVATE PROPERTY LINE FOR APPROXIMATELY 143.85 FEET GENERALLY LOCATED BETWEEN AND PARALLEL TO NORTHWEST 71 STREET AND NORTHWEST 72 STREET AND TERMINATING AT NORTHWEST 5 PLACE, 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, Estrellita Sibila, Esquire, on behalf of JMPE Holdings, LLC, JP Expansion Holdings, LLC, and Tartan Warehouse, LLC (collectively, "Applicant") requests from the City of Miami ("City") to vacate and close a fifteen foot (15') public alley that runs east from the property line for approximately 143.85 feet, generally located at the northwest corner of Northwest 5 Place and Northwest 71 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" ("Alley") pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Applicant is the owner of the property located at 7136 Northwest 5 Court, 585 Northwest 71 Street, and 571 Northwest 71 Street ("Property"); and WHEREAS, the Property is bounded by Northwest 5 Place to the east and Northwest 71 Street to the south; and WHEREAS, the Property and Alley are located in the "D1," Work Place District Zone; and WHEREAS, the Property and the Alley are located within the Miami Comprehensive Neighborhood Plan's (MCNP) Future Land Use designation of "Light Industrial"; and and WHEREAS, the Property currently consists of 26,349.08 +/- square feet acres of land; WHEREAS, the Alley consists of 2,157.82 +/- square feet of land; and WHEREAS, after the proposed vacation and closure of the Alley, the Property, together with the Alley, will consist of 28,508.27 +/- square feet (0.654 +/- acres) of land; and Date Rendered: 4/17/2026 City of Miami Page 1 of 4 File ID: 18964 (Revision:) Printed On: 5/4/2026 WHEREAS, the perimeter of the Property, together with the Alley, will be approximately 698.890 +/- feet; and WHERES, the Alley dead ends on private property to the west and access on the east is impeded due to an 1-95 support column; and WHERE, the Applicant made the request to close, vacate, and abandon from public use the Alley at the Property in order to install a gate and safeguard the Property from ongoing criminal activity; and WHEREAS, the Applicant is not proposing to redevelop the Property together with the closure; and WHEREAS, on May 1, 2025, the City of Miami Plat and Street Committee approved the Liberty Mission Tentative Plat #2069-A (the "Tentative Plat") by a vote of 5 to 0; and WHEREAS, the Plat and Street Committee reviewed the request for the vacation and closure of the Alley Vacation pursuant to the criteria as set forth in Chapter 55, Section 55-15 of the City Code: (1) Is it in the public interest, or would the general public benefit from the vacation of the rights -of -way or easements? (2) Is the general public no longer using the rights -of -way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles? (3) Would there be no adverse effect on the ability to provide police, fire or emergency services? (4) Would the vacation and closure of the rights -of -way or easements have a beneficial effect on pedestrian and vehicular circulation in the area?; 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, 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 the Alley; and WHEREAS, signed letters were provided from RPW and OCI confirming that the City has not expended any funds within the prior fifty (50) years and/or any restricted funds on improvements; and WHEREAS, the Planning Department recommends approval with conditions of the request; 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 vacation and closure; City of Miami Page 2 of 4 File ID: 18964 (Revision:) Printed On: 5/4/2026 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 with conditions to the City Commission to vacate and close the public alley generally located at the northwest corner of Northwest 5 Place and Northwest 71 Street, with the following conditions: 1. Tentative Plat #2069-A ("Liberty Mission Plat") shall be developed in accordance with the survey digitally signed and sealed by Odalys C. Bello-Iznaga, Professional Surveyor and Mapper, LS6169 on September 11, 2025, and approved by the Plat and Street Committee, bearing the e-Plan approval stamp PZ-25-19435. 2. The Applicant, owner or its successor shall comply with the conditions of approval stated for Liberty Mission Tentative Plat #2069-A, in the letter dated May 20, 2025, issued by the Department of Resilience and Public Works. 3. The Applicant, owner, or successor shall meet applicable development standards identified in Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended, 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 Fire/Resue Department, Police Department, Solid Waste Departments, and the Capital Improvements Program/Office Transportation. 5. 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. 6. A Certificate of Occupancy shall only be issued after all the required improvements have been completed. 7. 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: City of Miami Page 3 of 4 File ID: 18964 (Revision:) Printed On: 5/4/2026 Planning Director— David Snow City of Miami Page 4 of 4 File ID: 18964 (Revision:) Printed On: 5/4/2026 EXHIBIT "A" U co • MINIS MUM 1111 NW 71st ST NW 72nd ST MIMESIS Q Y z 5 4 3 6 5 4 111 •mm. --N1111 LOCATION MAP A NOT TO SCALE n 11 LEGAL DESCRIPTION OF POTION OF ALLEY TO BE CLOSED: 15' Platted Alley to be Closed That portion of a 15-Foot Public Alley, bounded on the North by the South line of Lot 4, Block 2, ANNA FLORENCE SUBDIVISION, according to the plat thereof, as recorded in Plat Book 18, Page 48, of the Public Records of Miami -Dade County, Florida, bounded on the South by the North line of Lots 1, 2, and 3, Block 2 of said plat of ANNA FLORENCE SUBDIVISION, bounded on the East by the West Right of Way line of N.W. 5th Place (N.W. 5th Terrace, according to Plat Book 18, Page 48), and bounded on the West by the East line of Lot 3, Block 4, DUPONT HEIGHTS, according to the plat thereof, as recorded in Plat Book 24, Page 54, of the Public Records of Miami -Dade County, Florida. Said lands containing 2, 157.59 square feet more or less. hereby certify that this Sketch and Legal Description complies with the Standards of Practice as set forth by the Board of Professional Surveyors and Mappers according to the applicable provisions of Chapter 5J-17, Florida Statutes. This Sketch and Legal Description is true and correct to the best of my knowledge and belief. Digitally signed by Odalys C Bello nu5,o=eelb and hello Lad S Land Surveying Corp., dnQualicier=An1410Cnnnnn18 84E3B67E8000DD40A, cn=Odalys C Bello Odalys C. Bello Professional Surveyor & Mapper No. 6169, State of Florida Completion Date: 05/13/2025 NOTES: 1.- This is not a Boundary Survey - A field Survey has not been conducted. 2.- Geometry is based on underlying subdivisions, as shown. 3.-These lands are subject to easements and restrictions of record. No title search has been conducted by this surveyor. 4. This sketch and the copies thereof are not valid without the original signature and raised seal, verified authenticated electronic signature, or the digital signature and seal of the Florida Registered Land Surveyor and Mapper in responsible charge. BELLO & BELLO LAND SURVEYING 12230 SW 131 AVENUE • SUITE 201 • MIAMI FL 33186 Phone: 305.251.0606 • Fax: 305.251.6057 • LB#7262 e-mail: info@belloland.com • www.bellolandsulveying.com Project No. 23596 Page 1 of 2 EXHIBIT "A" 4) Lot 3 Black 4, DU PONT HEIGHTS (PB 24 - PG 54) Lot 1, Block 4 DU PONT HEIGHTS (PB 24 - PG 54) LEGEND: PB: Denotes Plat Book number Pg: Denotes Plat Book page number ORB: Denotes Official Records Book RIW: Denotes Right of Way : Denotes Center Line BBL : Denotes Base Building Line 0 20' 40' SCALE: I" = 40' 1 5 M0 -BBL 143.91' (R) Lot 4. Block 2 ANNA FLORENCE SUBDIVISION (PS 18 - PG 48) 15' PUBLIC ALLEY (PB 18, PG 48) (TO BE CLOSED BY THIS PLAT) (Net Area: +I-2, 157.59SO.FT.) saNnfine °+Lma,amak2 N88°00'24"E 143.86' 50' (P) Lot 3, Block 2 S88°00'24"W 143.85' 43.85' (P) Nortn line of Lots 1, 2, and Black 2 Lot 2, Block 2 1NNA FLORENCE SUBDIVISION (P6 18 - PG 48) Parcel70D (perOR815028,PG 1537) (FDOT) Parcel111 (per ORB 15028,PG 1537) (FOOD Pare1111 (per ORB 15028, PG 1537) (P001) Lot 1, Black 2 43.73' (P) B 50' (P) PT / N.W. 71st Street (Dupont Road - per plat) 70' Total RIW (per PB 18, PG 48) PC South line of SW 1)4, of Sec. 12-53-41 North line of NW 1)4, of Sec. 13-53.41 BELLO & BELLO LAND SURVEYING 12230 SW 131 AVENUE • SUITE 201 • MIAMI FL 33186 Phone: 305.251.960e • Fax: 305.251.6057 • LB#7262 e-mail: info@belloland.com • www.bellolandsulveying.com Project No. 23596 Page 2 of 2 Exhibit "A" That portion of a 15-Foot Public Alley, bounded on the North by the South line of Lot 4, Block 2, ANNA FLORENCE SUBDIVISION, according to the plat thereof, as recorded in Plat Book 18, Page 48, of the Public Records of Miami -Dade County, Florida, bounded on the South by the North line of Lots 1, 2, and 3, Block 2 of said plat of ANNA FLORENCE SUBDIVISION, bounded on the East by the West Right of Way line of N.W. 5th Place (N.W. 5th Terrace, according to Plat Book 18, Page 48), and bounded on the West by the East line of Lot 3, Block 4, DUPONT HEIGHTS, according to the plat thereof, as recorded in Plat Book 24, Page 54, of the Public Records of Miami -Dade County, Florida. Said lands containing 2,157.59 square feet more or less.