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Home My WebLink AboutPZAB (5823) Resolution`�gtoF.ti City of Miami City Hall sem• �i F 3 PZAB Resolution 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Enactment Number: PZAB-R-19-021 File ID: 5823 Final Action Date: 6/5/2019 A RESOLUTION OF THE PLANNING, ZONING, AND APPEALS BOARD, 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 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 ("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 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 was 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 aty of Miami Page 1 of 4 File ID: 5823 (Revision: C) Printed On: 611712019 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 a sixteen (16) feet of vertical clearance access as required by the City's Fire Department for emergency rescue vehicles; and WHEREAS, existing utilities located within above-mentioned 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 and 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 City of Miami Page 2 of 4 File ID: 5823 (Revision: C) Printed On: 611712019 WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") recommends to the City Commission approval with conditions of the closing, vacating, abandoning and discontinuing for public use a portion of an alley, located on the northwest corner of Northwest 62 Street and Northwest 15 Avenue, as described herein and attached hereto as Exhibit "A," and deems it advisable to do so; and 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 Miami Planning, Zoning, and Appeals Board ("PZAB") recommends approval with conditions to the City Commission that a portion of the Alley located at approximately the northwest corner of Northwest 62 Street and Northwest 15 Avenue, as more particularly described in Exhibit "A," be closed, vacated, and discontinued for public use subject to the acceptance by the City Commission of the final plat of MLK Residences Tentative Plat #1928, and recordation thereof in the Public Records of Miami -Dade County, Florida. Section 3. The PZAB recommends that if the City Commission approves the closing, vacating, abandoning, and discontinuing for public use a portion of the Alley, the approval must comply with the following conditions: 1. The Applicant, owner or their successor shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations; 2. 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 the City Code Section 55-10(i); 3. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed; 4. The Applicant or their successor shall comply with the conditions of approval stated for MLK Residences Tentative Plat #1928, in the letter dated October 23, 2018 issued by the Department of Resilience and Public Works; and Section 4. The PZAB further recommends that if the City Commission approves the closure, vacating, abandoning and discontinuing for public use a portion of the Alley, the approved final plat should be recorded within the four (4) year approval period of the requested vacation and closure. Section 5. This Resolution shall become effective immediately upon its adoption. City of Miami Page 3 of 4 File ID: 5823 (Revision: C) Printed On: 611712019 f1 FrancisE„ -Garcia, Dire -tor �0 Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) (- 11'� /?(-)I 1 Execution Date Personally appeared before me, the undersigned authority,l_(i CCt Lee , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS L DAY OF 201 C( Itr.2-�IUC��e2 Print Notary Name Notary Public State of Florida Personally know or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath E,7� BEATRIZALVAREZ Commission # GG 153775 Expires November 20, 2021TutsP' Bonded Ttn Troy Fain I" Mr ae 800�385- City of Miami Page 4 of 4 File ID: 5823 (Revision: C) Printed On: 6/1712019 KA SKETCH AND LEGAL DESCRIPTION EXHIBI T A AST LIBERTY CITY SECTION A - (P. B. 39, PC. 19) BLOCK -6 rn LOT 18 LOT 17 0 SUB,JrCT EA EAST LIBERTY C/T , -SECTION (P. B. 39, I PG. 19) BLOCK -6 LOT 8 LOT I- - N. W. 62nd STREET LOT 16 LOT 15 I LOT 14 z 0 LOT 13 o J LOT 12 W LOT 11 A 15 FOOT ALLEY, LYING EASTERLY OF THE LOT 9 IN BLOCK 6 OF 'EAST LIBERTY CITY SECTION A" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAGE 19, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LYING AND BEING IN SECTION 14, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA. NOTES: 1) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 2) THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. 3) ORDERED BY: A.P. COMMUNITIES. 4) PROPERTY AS DESCRIBED HEREON CONTAINS 1,275 SQUARE FEET, MORE OR LESS. SCALE 1"=30' /fte. REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS 3240 CORPGRATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX% o (954)438-3288 ORDER NO. 209482 PREPARED UNDER M PER ION. DATE. -NOVEMBER 21, 2018 THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, PRINCIPAL 145341\EAST LIBERTY CIN SECTION A IAP COMMUNITIESASKETCH & LEGALS\DWG\ALLEY VACATION.dwa