Loading...
HomeMy WebLinkAboutR-17-0574City of Miami 1 i.RR cl Legislation alldl 1lm Resolution: R-17-0574 File Number: 2841 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/16/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE PORTIONS OF PUBLIC STREETS GENERALLY KNOWN AS NORTHEAST MIAMI PLACE AND NORTHEAST 52ND TERRACE LOCATED WITHIN THE MIAMI JEWISH HEALTH SYSTEMS' PROPERTIES, GENERALLY BOUNDED ON THE EAST BY NORTHEAST 2ND AVENUE, ON THE SOUTH BY NORTHEAST 50TH TERRACE, ON THE WEST BY NORTHEAST MIAMI PLACE AND NORTH MIAMI AVENUE, AND ON THE NORTH BY NORTHEAST 53RD STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTIES"); FURTHER RECOMMENDING THAT SEVEN (7) EASEMENTS LOCATED WITHIN THE PROPERTIES BE VACATED, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. WHEREAS, the applicant submitted an application to close, vacate, abandon, and discontinue for public use portions of public streets generally known as Northeast Miami Place and Northeast 52nd Terrace located within the Miami Jewish Health Systems' properties generally bounded on the east by Northeast 2nd Avenue, on the south by Northeast 50th Terrace, on the west by Northeast Miami Place and North Miami Avenue, and on the north by Northeast 53rd Street, as more particularly described in Exhibit "A," attached and incorporated ("Properties"); and WHEREAS, the applicant has also requested that seven (7) easements located within the Properties be vacated, as more particularly described in Exhibit "A," attached and incorporated; and WHEREAS, the Plat and Street Committee at its meetings on July 7, 2016 and January 19, 2017, reviewed the street closure and easement closure applications and determined that all technical requirements were met and considered the criteria set out in Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Plat and Street Committee recommended approval of the subject vacations and closures by a vote of seven to zero (7-0) and five to zero (5-0) during its respective meetings regarding the closures; and WHEREAS, the Department of Resilience and Public Works and the Plat and Street Committee reviewed the subject vacations and closures and determined that they will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Planning, Zoning and Appeals Board at its meeting on October 4, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-052 by a vote of six to three (6-3), recommending approval with conditions of the street closure application; and City of Miami Page 1 of 3 File ID: 2841 (Revision: D) Printed On: 6/7/2019 File ID: 2841 Enactment Number: R-17-0574 WHEREAS, the purpose of the vacation of the streets and easements within the Properties is to proceed with a proposed Special Area Plan; and WHEREAS, any easements being vacated which still serve a purpose will be replaced with an easement by instrument in a form acceptable to the City of Miami ("City"); and WHEREAS, easements to be vacated are not currently used for pedestrian or vehicular circulation and are merely for underground utility lines and emergency vehicle access; and WHEREAS, based on the testimony and evidence presented, after due notice, and after an opportunity to be heard has been afforded to all parties and members of the public, there is substantial evidence in the record to approve the closure, vacation, abandonment, and discontinuance for public use portions of the public streets and easements within the Properties as stated herein; NOW, THEREFORE, BE IT RESOLVED BY THE 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, vacating, abandoning, and discontinuing for public use of portions of the public streets and easements within the Properties with the following conditions: 1. The applicant, owner, or its successor shall meet all applicable development standards identified in Ordinance No. 13314, the Zoning Ordinance of the City of Miami, Florida, as amended, and all applicable local, county, state, and federal regulations; 2. The applicant shall provide an access plan for review and acceptance by the City's Fire - Rescue, Police, Solid Waste, and Capital Improvements Program Departments; 3. A building permit, including phased permits, will not be issued on the property being platted until the final plat is recorded or as authorized by Section 55-10(i) of the City Code; 4. A Certificate of Occupancy or Temporary Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed; 5. The applicant and its successor shall comply with the conditions of approval stated for the Enriching Lives By Design Tentative Plat #1879-B in a letter dated March 16, 2017 from the Department of Resilience and Public Works; 6. Prior to the approval of the final plat Enriching Lives By Design, the applicant shall have any easement that requires replacement executed by instrument in compliance with the City Code as well as all Miami -Dade and City Subdivision Regulations, as applicable; Section 3. This approval will be valid for a period of four (4) years and remain independent of the referenced tentative plat during this period. Section 4. The approved final plat shall be recorded within the four (4) year approval period of the requested vacation and closure. City of Miami Page 2 of 3 File ID: 2841 (Revision: D) Printed on: 6/7/2019 File ID: 2841 Enactment Number: R-17-0574 Section 5. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: ria ndez, Cify Attor ey2/15/2018 ria ndez, ity ttor ey 5123/2019 ' 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. City of Miami Page 3 of 3 File ID: 2841 (Revision: D) Printed on: 6/7/2019