HomeMy WebLinkAboutR-19-0434File Number: 6334
City of Miami
Legislation
Resolution: R-19-0434
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/24/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, WITH CONDITIONS, THE CLOSURE, VACATION,
ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE A PORTION OF
NORTHWEST 22 TERRACE BETWEEN NORTHWEST 11 AVENUE TO THE
EAST AND NORTHWEST 12 AVENUE TO THE WEST, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, 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, Track 23, LLC ("Applicant") submitted an application for closure and
vacation of a portion of Northwest 22 Terrace, Miami, Florida, as more particularly described in
Exhibit 'A" attached and incorporated ("Street Closure"); and
WHEREAS, the proposed Street Closure lies within the limits of the approved Track 23
Subdivision - Tentative Plat # 1905-D (Fourth Resubmittal); and
WHEREAS, the proposed Street Closure is 30.00 feet in width and 610.43 feet in
length and stretches in an east -west direction connecting Northwest 11 Avenue from the east
and Northwest 12 Avenue to the west; and
WHEREAS, the purpose of the Street Closure is to unify the property for redevelopment
purposes; and
WHEREAS, vacating a portion of Northwest 22 Terrace between Northwest 11 Avenue
and Northwest 12 Avenue and immediately south of the Applicant's property may contribute to
the generation of new and additional ad valorem taxes to the City of Miami ("City") to provide
necessary services to its residents; and
WHEREAS, existing utilities located within the above -referenced portion of Northwest 22
Terrace to be closed and vacated by the Applicant must be relocated or easements provided;
and
WHEREAS, the above -referenced portion of Northwest 22 Terrace to be closed and
vacated is not used for pedestrian use, vehicular circulation, or emergency vehicle access and
is merely for underground utility lines; and
WHEREAS, pursuant to the above, the proposed Street Closure will have no effect on
pedestrian or vehicular circulation; and
WHEREAS, pursuant to Section 55-15 of the Code of the City of Miami, Florida, as
amended ("City Code"), any funds expended by the City, including expenditure of restricted
City of Miami Page 1 of 3 File ID: 6334 (Revision:) Printed On: 11/19/2019
File ID: 6334
Enactment Number: R-19-0434
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 Department of Resilience and Public Works ("Public Works") and the
Plat and Street Committee ("PSC") have reviewed the subject Street Closure 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 September 6, 2018, reviewed the street 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 Street Closure as set forth herein; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
19, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-027 by a
vote of nine to zero (9-0), Item No. 4, recommending approval with conditions of the request to
close, vacate, abandon, and discontinue for public use the portion of the properties indicated
herein; and
WHEREAS based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, the City
Commission finds that there is substantial evidence in the record to approve with conditions the
Street Closure for the above -referenced portion of Northwest 22 Terrace;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MIAMI 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 closure, vacation, abandonment, and
discontinuance for public use the Street Closure, as more particularly described in Exhibit "A,"
attached and incorporated.
Section 3. The City Commission approves the Street Closure within the Applicant's
property with the following conditions:
1. 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 Code"), 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 the Office of Capital Improvements 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;
City of Miami Page 2 of 3 File ID: 6334 (Revision:) Printed on: 11/19/2019
File ID: 6334
Enactment Number: R-19-0434
5. The Applicant, owner, or its successor shall comply with the conditions of approval
stated for the Track 23 Subdivision - Tentative Plat # 1905-D (Fourth Resubmittal) in the
letter dated September 8, 2018 from the Department of Resilience and Public Works.
Section 4. The City Commission approves the Street Closure subject to the acceptance
by the City Commission of the final plat, "Track 23 Subdivision - Tentative Plat # 1905-," and
recordation thereof in the Public Records of Miami -Dade County, Florida.
Section 5. This Resolution shall become effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
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i t6 ria i ndez, City AF—or .iey !tel 9/12/2019
' This Resolution shall become effective as specified herein unless vetoed by the Mayor within
ten (10) 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 or upon
the effective date stated herein, whichever is later.
City of Miami Page 3 of 3 File ID: 6334 (Revision:) Printed on: 11/19/2019