HomeMy WebLinkAboutR-19-0319City of Miami
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Resolution: R-19-0319
File Number: 6114
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/25/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS THE CLOSING, VACATING, ABANDONING,
AND DISCONTINUING FOR PUBLIC USE A PORTION OF AN ALLEY
LOCATED AT APPROXIMATELY THE NORTHWEST CORNER OF
NORTHWEST 62 STREET AND NORTHWEST 15 AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," PURSUANT TO
SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Atlantic Pacific Communities, LLC ("Applicant") applied for the vacation and
closure of a portion of a public alley located at approximately the northwest corner of Northwest
62 Street and Northwest 15 Avenue, Miami, Florida, as more particularly described in Exhibit
"A," attached and incorporated ("Alley"); and
WHEREAS, the Alley proposed to be closed lies within the limits of the approved MLK
Residences Tentative Plat #1928; and
WHEREAS, the Alley is fifteen (15) feet in width by approximately 139.91 feet in length
and is comprised of approximately 0.029 acres (1,275 square feet) of land; and
WHEREAS, the six (6) vacant lots located on the northwest corner of Northwest 62
Street and Northwest 15 Avenue, Miami, Florida were originally platted as part of the East
Liberty City Subdivision; and
WHEREAS, the City of Miami ("City") owns the property surrounding the Alley,
specifically Lots bisected by the Alley to the east (Lots 6 through 9) and to the west (Lots 11
through 15) ("Property"); and
WHEREAS, the purpose of the request is to annex the closed section of the Alley into
the approved Tract A to create a unified site for a future development (affordable housing
community) contemplated for the Property; and
WHEREAS, the Applicant is under contract with the City to purchase and redevelop the
Property as part of an affordable housing community; and
WHEREAS, the above -referenced agreement is predicated on the Applicant's
commitment to develop affordable housing on the unified Property after the closure and
vacation of the Alley; and
WHEREAS, the Alley will be available for public use insofar as the Applicant has
proffered a three-dimensional public ingress -egress easement on the portion of the Alley
proposed to be closed and vacated; and
City of Miami Page 1 of 3 File ID: 6114 (Revision:) Printed On: 8/9/2019
File ID: 6114 Enactment Number: R-19-0319
WHEREAS, the Applicant proposes to replace the existing Alley with an operational
fifteen -foot -wide ingress -egress easement for public use, which will maintain the current level of
access through the Property; and
WHEREAS, in addition, the proposed easement will provide sixteen (16) feet of vertical
clearance access as required by the City's Fire -Rescue Department for emergency rescue
vehicles; and
WHEREAS, existing utilities located within the Alley to be closed and vacated by the
Applicant will be relocated with the creation of a new three-dimensional easement; and
WHEREAS, closing and vacating a portion of the Alley may contribute to the generation
of new additional ad valorem taxes to the City to provide the necessary service to its residents;
and
WHEREAS, there would be no adverse effect on the ability to provide fire, police, or
emergency services to the Property as a three-dimensional public easement will replace the
Alley; and
WHEREAS, the Property in which the Alley is located faces additional rights-of-way for
police, fire, and emergency services access; and
WHEREAS, through the platting process, subdivision improvements will be made, which
will improve vehicle circulation and the pedestrian realm along the public rights-of-way adjacent
to the Property; and
WHEREAS, the Department of Resilience and Public Works ("RPW") as well as the Plat
and Street Committee have reviewed the subject vacation and closure and determined that it
will not affect pedestrian or vehicular traffic circulation or access for public service; and
WHEREAS, the Plat and Street Committee at its meeting on September 6, 2018,
reviewed the Alley closure application and determined that all technical requirements have been
met and, by a vote of six to zero (6-0), recommended approval of the vacation and closure as
set forth; and
WHEREAS, the Planning, Zoning and Appeals Board at its meeting on June 5, 2019,
following an advertised public hearing, adopted Resolution No. PZAB-R-19-021 by a vote of
seven to zero (7-0), Item PZAB No.3, recommending to the City Commission approval with
conditions of the closing, vacating, abandoning, and discontinuing the Alley for public use; and
WHEREAS, pursuant to Section 55-15 of the Code of the City of Miami, Florida, as
amended, any funds expended by the City, including expenditure of restricted funds (bond
funds, grant funds, or otherwise) for such improvements on the right-of-way proposed for
closure, shall be repaid by the Applicant before recordation of the Final Plat; and
WHEREAS, the City Commission finds that it is in the best interest of the general welfare
of the City and its inhabitants to grant the vacation and closure of the Alley and deems it
advisable to do so;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
City of Miami Page 2 of 3 File ID: 6114 (Revision:) Printed on: 8/9/2019
File ID: 6114
Enactment Number: R-19-0319
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 Miami City Commission approves the closing, vacating, abandoning, and
discontinuing for public use the Alley as described above and in Exhibit "A," attached and
incorporated, subject to the acceptance by the City Commission of the final plat of MILK
Residences Tentative Plat #1928 and recordation thereof, in the Public Records of Miami -Dade
County, Florida as well as the following conditions:
A. The Applicant, owner, or its successor shall meet all applicable
development standards identified in Ordinance No. 13114, as amended, the Zoning
Ordinance of the City of Miami, Florida as well as all other applicable local, county, state,
and federal regulations;
B. 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 Code of the City of Miami, Florida, as amended;
C. A Certificate of Occupancy or Temporary Certificate of Occupancy shall
only be issued after all the required subdivision improvements have been completed;
D. The Applicant, owner or its successor shall comply with the conditions of
approval stated for MLK Residences Tentative Plat #1928, in the letter dated October
23, 2018 issued by RPW; and
Section 3. The approved final plat must be recorded within the four (4) year approval
period of the requested vacation and closure.
Section 4. This Resolution shall become effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ' ndez, City Attor ey 7/1212019
' 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: 6114 (Revision:) Printed on: 81912019