HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: R-19-0320
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING WITH CONDITIONS THE CLOSING,
VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE
TWO (2) TEN (10) FOOT ALLEYS AND A PORTION OF ANOTHER TEN
(10) FOOT ALLEY THAT ALL LIE WITHIN PROPERTY BOUNDED BY
NORTHEAST 18 STREET ON THE NORTH, NORTHEAST 2 COURT ON
THE EAST, NORTHEAST 17 TERRACE ON THE SOUTH, AND
NORTHEAST 2 AVENUE ON THE WEST, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," PURSUANT TO
SECTION 55-15 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 1753, 1773, and 1775 NE 2 Av, 1768,1772, and 1790 NE 12 Ct,
210 NE 18 St, and 231 NE 17 Ter [Commissioner Ken Russell - District 2]
APPLICANT(S): Iris Escarra, Esq., on behalf of ASRR 18 LLC
PURPOSE: This will allow the applicant to close, vacate, abandon and discontinue for public
use a portion of the three alleys depicted in the application.
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-19-0320
File Number: 6116 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 TWO (2) TEN (10) FOOT ALLEYS AND A
PORTION OF ANOTHER TEN (10) FOOT ALLEY THAT ALL LIE WITHIN PROPERTY
BOUNDED BY NORTHEAST 18 STREET ON THE NORTH, NORTHEAST 2 COURT
ON THE EAST, NORTHEAST 17 TERRACE ON THE SOUTH, AND NORTHEAST 2
AVENUE ON THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, ASRR 18 LLC ("Applicant") has submitted an application for the vacation
and closure of two (2), ten (10) foot wide alleys and a portion of a third ten (10) foot side alley,
that all lie within property bounded by Northeast 18 Street on the north, Northeast 2 Court on
the east, Northeast 17 Terrace on the south, and Northeast 2 Avenue on the west, Miami,
Florida, as more particularly described in Exhibit "A" ("Alleys"); and
WHEREAS, the three (3) Alleys lie within the limits of the approved Miami Arts Center
Tentative Plat #1913; and
WHEREAS, for ease of reference, the individual Alleys are referred to as Alley 1, Alley
2, and Alley 3 and are described below; and
WHEREAS, Alley 1 is ten (10) feet in width, 219.13 feet in length, and stretches in an
east -west direction, connecting Northeast 2 Avenue from the west and Northeast 2 Court to the
east; and
WHEREAS, Alley 2 is ten (10) feet in width, 150.04 feet in length, and stretches in a
north -south direction, intersecting the midpoint of the Alley 1 to the north and intersecting the
midpoint of another abutting property to the south (not part of the Tentative Plat #1913); and
WHEREAS, Alley 3 is ten (10) feet in width, consists of 54.98 feet of the total length
(164.15 feet) of the underlying alley, and stretches in an east -west direction from Northeast 2
Court westward to the northeast corner of an abutting property (not part of the Tentative Plat
#1913); and
WHEREAS, the purpose of closing the Alleys is to unify the property for redevelopment
purposes; and
WHEREAS, vacating the Alleys may contribute to the generation of additional ad
valorem taxes to the City of Miami ("City") to provide the necessary services to the City's
residents; and
WHEREAS, existing utilities located within the Alleys to be closed and vacated by the
Applicant must be relocated or easements must be provided; and
WHEREAS, the Alleys to be vacated are not used for pedestrian, vehicular circulation, or
emergency vehicle access and are merely for underground utility lines and emergency vehicle
access; and
WHEREAS, the vacation of the Alleys will have no effect on pedestrian or vehicular
circulation; and
WHEREAS, the Department of Resilience and Public Works ("RPW") as well as the Plat
and Street Committee ("PSC") have reviewed the subject vacations and closures and
determined that it will not affect pedestrian or vehicular traffic circulation or access for public
service; and
WHEREAS, the PSC at its meeting on December 7, 2017, reviewed the 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; 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-19-020 by a vote of
seven to zero (7-0), Item PZAB No.2, recommending to the City Commission approval with
conditions of the closing, vacating, abandoning, and discontinuing for public use the Alleys, as
more particularly described herein and in the attached and incorporated as Exhibit "A," and
deemed it advisable to do so; 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 Alleys 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 City Commission approves the closing, vacating, abandoning, and
discontinuing for public use the Alleys as described above and in Exhibit "A," attached and
incorporated, subject to the acceptance by the City Commission of the final plat of Miami Arts
Center - Tentative Plat #1913 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, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21"), as well as all other applicable local, county, state, and federal
regulations;
B. The Applicant shall provide an access plan for review and acceptance by the City's Fire -
Rescue, Police, Solid Waste, and Capital Improvements Program/Office Transportation
Departments;
C. 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;
D. A Certificate of Occupancy or Temporary Certificate of Occupancy shall only be issued
after all the required subdivision improvements have been completed;
E. The Applicant, owner, or its successor shall comply with the conditions of approval
stated for the Miami Arts Center - Tentative Plat #1913, in such letter dated December
13, 2017, from RPW; and
F. In reference to the PSC's Letter - Condition #22 and Article 5. Section, 5.6.1, Building
Disposition (T6) of Miami 21, the Applicant will provide a 10 -foot public access ingress
and egress easement/three-dimensional easement that must comply with all design
standards for a 16 -foot minimum vertical clearance, as a condition of approval, and it
shall be demarcated at the time of final plan submittal(s) for a building permit for the
vacation of the Alleys.
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:
I
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