Close and vacate 20-foot public alley in Northwest Miami

CITY COMMISSION FACT SHEET File ID: 17460 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FROM PUBLIC USE, A TWENTY FOOT (20’) PUBLIC ALLEY GENERALLY BOUNDED ALONG THE EASTERN BOUNDARY OF THE PROPERTY AND GENERALLY LOCATED BETWEEN SOUTH OF NORTHWEST 11 STREET, EAST OF NORTHWEST 42 AVENUE, NORTH OF NORTHWEST 9 STREET, AND WEST OF NORTHWEST 41 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT “A”; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: The Right of Way is generally bounded by the following City of Miami Thoroughfares: Northwest 11 Street, Northwest 42 Avenue, Northwest 9 Street, and Northwest 41 Avenue. APPLICANT(S): Ethan Wasserman, Esquire on behalf of Land 1 (One) Ltd. PURPOSE: To close, vacate, abandon, and discontinue from public use a Public Right of Way. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLAT AND STREET COMMITTEE: On December 7, 2023, recommended approval. PLANNING, ZONING AND APPEALS BOARD: On March 5, 2025, recommended approval with conditions, by a vote of 8-0. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 17460 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FROM PUBLIC USE, A TWENTY FOOT (20’) PUBLIC ALLEY GENERALLY BOUNDED ALONG THE EASTERN BOUNDARY OF THE PROPERTY AND GENERALLY LOCATED BETWEEN SOUTH OF NORTHWEST 11 STREET, EAST OF NORTHWEST 42 AVENUE, NORTH OF NORTHWEST 9 STREET, AND WEST OF NORTHWEST 41 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT “A”; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ethan Wasserman, Esquire and Marissa A. Neufeld, Esquire, on behalf of Land 1 (One) LTD ("Applicant"), applied to the City of Miami (“City”) to close, vacate, abandon, and discontinue from public use a twenty foot (20’) public alley running along the eastern boundary of the property located at approximately along the east side of Northwest 42 Avenue, from Northwest 9 Street to Northwest 11 Street (“Property”), with said public alley being more particularly described in the attached and incorporated Exhibit “A” (“Public Right-of-Way”) pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami Code, as amended, (“City Code”) for closure of a public alley; and WHEREAS, the Public Right-of-Way is bounded along the eastern portion of the Property and is generally located south of Northwest 11 Street, east of Northwest 42 Avenue, north of Northwest 9 Street, and West of Northwest 41 Avenue, Miami, Florida; and WHEREAS, the Property is located within the “T6-8-O,” Urban Core Transect Zone – Open; and WHEREAS, the Property is located within the Miami Comprehensive Neighborhood Plan’s (“MCNP”) Future Land Use designation of “General Commercial;” and WHEREAS, the area of the Public Right-of-Way is approximately 12,598 square feet, or 0.289 acres; and WHEREAS, pursuant to the provisions of Chapter 55, Section 55-15(a) of the City Code, the City’s Department of Resilience and Public Works (“RPW”) and Office of Capital Improvements (“OCI”) has researched for any City projects involving this Public Right-of-Way to be vacated and closed by the subject Tentative Plat and both Departments confirmed, in writing, based on their records, that there was a City project in this area; and WHEREAS, the Plat and Street Committee, at its meeting on December 7, 2023, has reviewed the subject Tentative Plat, titled, “Jvalle- Tentative Plat #1960-A” (“T-Plat”) and determined that all technical requirements have been met and recommended approval of the vacation and closure, subject to conditions being provided; and WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on March 5, 2025, following an advertised public hearing, adopted Resolution No. PZAB-R-25-008 by a vote of eight to zero (8-0), Item No PZAB 1, recommending approval with conditions of the Public Right-of-Way closure with the condition to clarify that an ingress/egress easement for public use in the footprint of the vacated Public Right-of-Way will be provided; and WHEREAS, the Planning Department reviewed the request for the vacation and closure of the Public Right-of-Way to ensure compliance with Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, (“Miami 21 Code”) and the MNCP; and WHEREAS, the proposed vacating and closing of the Public Right-of-Way was found to be consistent with Article 2,

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 closure, vacation, abandonment, and discontinuance for public use the Public Right-of-Way that is generally located at south of Northwest 11 Street, east of Northwest 42 Avenue, north of Northwest 9 Street, and west of Northwest 41 Avenue, Miami, Florida as more particularly described in the attached and incorporated Exhibit “A”, with the following conditions: 1. The vacation and closure of the Public Right-of-Way shall be developed in accordance with the “Jvalle - Tentative Plat #1960-A”, consisting of two (2) sheets, digitally signed and sealed by Mark Steven Johnson of Schwebke-Shiskin & Associates, Inc., Professional Surveyor and Mapper, LS No. 4775, State of Florida, with a Survey Date of August 2, 2024. 2. The Applicant, owner, and any successor or assign shall comply with all conditions and comments in the letter executed by Juvenal Santana, P.E., CFM, Supervisor of Plats - Plat and Street Committee, on February 14, 2024, for the Jvalle Tentative Plat # 1960- A located along the east side of Northwest 42 Avenue, and from Northwest 9 Street to Northwest 11 Street. 3. The Applicant, owner, and any successor or assign shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations. 4. The Applicant, owner, and any successor or assign shall provide an access plan for review and acceptance by the City’s Fire-Rescue, Police, Solid Waste Departments, and the Capital Improvements Program/Office Transportation. 5. The Applicant, owner, and any successor or assign shall provide an ingress/egress easement for public use in the footprint of the vacated Public Right-of-Way. 6. A building permit, including phased permits, shall not be issued on the property being platted until the final plat is recorded in the official records of Miami-Dade County, Florida or as authorized by Section 55-10(j) of the City Code. 7. Pursuant to Chapter 55 of the City Code, the Applicant shall obtain and submit the Total Expenditure prior to the scheduling of a public hearing before the City Commission. Payment to the City of the amount indicated on the Total Expenditure shall be paid to the City before recordation of the Final Plat. 8. Approval of the requested vacation and closure shall be valid for a period of four (4) years and shall remain independent of the referenced T-Plat during this period, pursuant to Section 55-15 of the City Code. 9. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 10. The City reserves the right to inspect the subject site to ensure compliance with the conditions listed. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall be effective ten (10) days upon its adoption and signature of the Mayor.1 1 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. APPROVED AS TO FORM AND CORRECTNESS: