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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-19-0319 Title: 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. LOCATION: Approximately located at the Northwest corner of Northwest 62 St and Northwest 15 Av [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ethan Wasserman, Esq. on behalf of Atlantic Pacific Communities LLC PURPOSE: This will allow closing, vacating, abandoning and discontinuing for public use a portion of a public alley located at the Northwest corner of Northwest 62 St and Northwest 15 Av FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on June 5, 2019, by a vote of 7-0. City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution Enactment Number: R-19-0319 File Number: 6114 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 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: 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 iey 7/12/2019 ' 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.