PZ.7 - Vacate Close 15-foot Public Alley
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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 VACATE AND CLOSE , WITH CONDITIONS, A 15-FOOT-WIDE PLATTED PUBLIC ALLEY THAT RUNS FROM THE PROPERTY LINE FOR APPROXIMATELY 214.10 FEET GENERALLY LOCATED AT THE WEST SIDE OF NORTH MIAMI AVENUE BETWEEN NORTHWEST 41 STREET AND NORTHWEST 40 STREET, 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.
July 23, 2026
Sponsors
Department of Planning
Rolando Escalona
Vote Details
INDEFINITELY DEFERRED
Motion to: Indefinitely Defer
Mover: Rolando Escalona, Commissioner
Seconder: Ralph "Rafael" Rosado, Commissioner
Ayes (5):
Gabela, Pardo, Escalona, Rosado, King
Department: Department of Planning
Category: Planning and Zoning
WHEREAS, 4000 NORTH MIAMI AVENUE BH, LLC, 4030 NORTH MIAMI AVENUE, LLC, MIAMI LA LA LA LLC C/O PLATINUM PROPERTIES MIAMI BAROKH LLC, and 20 NW 41ST STREET & 24 NW 41 STREET BH LLC, (collectively, "Applicant") applied to the City of Miami (“City”) to vacate and close a 15-foot-wide platted public alley that runs from the property line for approximately 214.10 feet generally located at the west side of North Miami Avenue between Northwest 41 Street and Northwest 40 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A” (“Alley”); and
WHEREAS, the Applicant is the owner of the property located at 4000 North Miami Avenue, 4030 North Miami Avenue, 15 Northwest 40 Street, 25 Northwest 40 Street, 20 Northwest 41 Street, and 24 Northwest 41 Street (“Property”); and
WHEREAS, the Property is bounded by North Miami Avenue to the east, Northwest 40 Street to the south, and Northwest 41 Street to the north; and
WHEREAS, the Property and Alley are located within the “T4-L,” Urban General Transect Zone – Limited, and “T5-O,” Urban Center Transect Zone – Open; and
WHEREAS, the Property and the Alley are located within the Miami Comprehensive Neighborhood Plan’s (“MNCP”) Future Land Use designation of “General Commercial;” and
WHEREAS, the Property currently consists of 43,450.53 +/- square feet (1.0 +/- acres) of land; and
WHEREAS, the Alleyconsists of 3,211.50 +/- square feet of land; and
WHEREAS, after the proposed vacation and closure of theAlley, the Property, together with the Alley, will consist of 46,662.03 +/- square feet (1.07 +/- acres)of land; and
WHEREAS, the perimeter of the Property, together with the Alley, will be 845.19 +/- feet; and
WHEREAS, the Property’s north property line has a length of 189.20 feet, the south property line has a length of 189.06 feet, the west property line will have a total length of 219.13 feet (inclusive of the 15-foot width of the Alley), and the east property line will have a total length of 169.01 feet (inclusive of the 15-foot width Alley); and
WHEREAS, on May 7, 2026, the City of Miami Plat and Street Committee approved the Platinum Estates Tentative Plat #2091 (the “Tentative Plat”) by a vote of 6 to 0; and
WHEREAS, the Plat and Street Committee reviewed the request for the vacation and closure of the Alley pursuant to the criteria as set forth in Chapter 55, Section 55-15; and
WHEREAS, the Plat and Street Committee found the request to comply with the criteria provided in Section 55-15 of the Code of the City of Miami, Florida, as amended (“City Code”):
(1)Is it in the public interest, or would the general public benefit from the vacation of the rights-of-way or easements?
(2)Is the general public no longer using the rights-of-way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles?
(3)Would there be no adverse effect on the ability to provide police, fire or emergency services?
(4)Would the vacation and closure of the rights-of-way or easements have a beneficial effect on pedestrian and vehicular circulation in the area?; and
WHEREAS, the Plat and Street Committee recommends approval with conditions of the request; and
WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on June 17, 2026, following an advertised public hearing, adopted Resolution No. PZAB-R-26-036 by a vote of seven to zero (7-0), Item No. 11, recommending approval with modifications of the closure; 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 and Office of Capital Improvements researched for any City projects involving the Alley; and
WHEREAS, initially, signed letters were provided from the Department of Resilience and Public Works and the Office of Capital Improvements confirming that the City has not expended funds within the prior fifty (50) years and/or any restricted funds on improvements; and
WHEREAS, subsequently, the Department of Resilience and Public Works indicated that funds, in fact, have been expended in the Alley area; and
WHEREAS, the Expenditure Letter indicates that the Applicant must repay Twenty-Two Thousand, Eight Hundred Fifty-One and 94/100 Dollars ($22,851.94) to the City; and
WHEREAS, conditions have been included whereby the Applicant will repave and restripe the Alley to maintain the current conditions and additional improvements; and
WHEREAS, as part of their Application, the Applicant is proposing a public access easement on the portion of the Alley that is being closed and vacated; and
WHEREAS, the vacation and closure of the public Alley is consistent with Article 2, Section 2.1.3.1.f of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended, (“Miami 21 Code”) in that it encourages a pedestrian-friendly realm and is conducive to the use of bicycles as a means of transportation; and
WHEREAS, the vacation and closure of the Alley is consistent with Article 2, Section 2.1.3.3.b of the Miami 21 Code in that it will allow for development that adequately accommodates vehicles while respecting the pedestrian and the spatial form of public space along North Miami Avenue; and
WHEREAS, the vacation and closure of the Alley is consistent with Goal CI-1 of the Capital Improvements Element of the Miami Comprehensive Neighborhood Plan (“MCNP”) as it supports the sound fiscal management and the timely provision of public capital facilities by the City as it will redirect resources to ensure the continued development and improvement of infrastructure that meets the demands of both current and future growth; and
WHEREAS, the vacation and closure of the Alley is consistent with Policy LU-1.4.3 of the Future Land Use Element of the MCNP as it promotes an active pedestrian sidewalk environment along the ground floor frontage of North Miami Avenue; and
WHEREAS, the Applicant has voluntarily proffered several conditions to this application during the application and hearing process; and
WHEREAS, the Planning Department recommends approval with conditions of the request; 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 competent substantial evidence in the record approve with conditions the vacation and closure of the Alley;
NOW, THEREFORE, BE IT RESOLVED BY THE 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 vacation and closureof the public Alley generally located at the west side of North Miami Avenue between Northwest 41 Street and Northwest 40 Street, as more particularly described in the attached and incorporated Exhibit “A,” with the following conditions:
1.“Platinum Estates” – Tentative Plat shall be developed in accordance with the survey digitally signed and sealed by Odalys C. Bello-Iznaga, Professional Surveyor and Mapper, LS6169 on May 5, 2026 and approved by the Plat and Street Committee, bearing the e-Plan approval stamp PZ-25-19401.
2.The Applicant, owner and any successor shall comply with the conditions of approval stated for Platinum Estates Tentative Plat #2091 (formerly #2076), in the letter dated May 28, 2026, issued by the Department of Resilience and Public Works.
3.As proffered by the Applicant, the portion of any building constructed above the Alley shall be limited to a maximum length of 138 feet.
4.As proffered by the Applicant, the Applicant, owner, and any successor shall work with Planning staff to activate the Alley with sufficient lighting, sidewalks, pedestrian access, and doors on both the north and south sides of the Alley.
5.As proffered by the Applicant, the Applicant, owner, and any successor shall perform monthly cleaning and maintenance of the full alleyway within the block, including the Alley, during the construction and thereafter.
6.As proffered by the Applicant, the Applicant shall repave and restripe the full alleyway within the block, including the Alley, from North Miami Avene to Northwest 1 Avenue, between Northwest 41st Street and Northwest 40th Street.
7.The Applicant, owner, and any successor shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations.
8.The Applicant, owner, and any successor shall provide an access plan for review and acceptance by the Fire-Rescue Department, Police Department, Solid Waste Departments, and the Capital Improvements Program/Office Transportation.
9.Pursuant to the provisions of Chapter 55, Section 55-15(a) of the City Code, the amount of Twenty-Two Thousand, Eight Hundred Fifty-One and 94/100 Dollars ($22,851.94), which was indicated on the total expenditure letter, shall be paid to the City before recordation of the final plat.
10.Approval of the requested vacation and closure shall be valid for a period of four (4) years and shall remain independent of the referenced tentative plat during this period, pursuant to Section 55-15 of the City Code.
11.A Certificate of Occupancy shall only be issued after all the required improvements have been completed.
12.The City reserves the right to inspect the Property 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.
WHEREAS, the Applicant is the owner of the property located at 4000 North Miami Avenue, 4030 North Miami Avenue, 15 Northwest 40 Street, 25 Northwest 40 Street, 20 Northwest 41 Street, and 24 Northwest 41 Street (“Property”); and
WHEREAS, the Property is bounded by North Miami Avenue to the east, Northwest 40 Street to the south, and Northwest 41 Street to the north; and
WHEREAS, the Property and Alley are located within the “T4-L,” Urban General Transect Zone – Limited, and “T5-O,” Urban Center Transect Zone – Open; and
WHEREAS, the Property and the Alley are located within the Miami Comprehensive Neighborhood Plan’s (“MNCP”) Future Land Use designation of “General Commercial;” and
WHEREAS, the Property currently consists of 43,450.53 +/- square feet (1.0 +/- acres) of land; and
WHEREAS, the Alleyconsists of 3,211.50 +/- square feet of land; and
WHEREAS, after the proposed vacation and closure of theAlley, the Property, together with the Alley, will consist of 46,662.03 +/- square feet (1.07 +/- acres)of land; and
WHEREAS, the perimeter of the Property, together with the Alley, will be 845.19 +/- feet; and
WHEREAS, the Property’s north property line has a length of 189.20 feet, the south property line has a length of 189.06 feet, the west property line will have a total length of 219.13 feet (inclusive of the 15-foot width of the Alley), and the east property line will have a total length of 169.01 feet (inclusive of the 15-foot width Alley); and
WHEREAS, on May 7, 2026, the City of Miami Plat and Street Committee approved the Platinum Estates Tentative Plat #2091 (the “Tentative Plat”) by a vote of 6 to 0; and
WHEREAS, the Plat and Street Committee reviewed the request for the vacation and closure of the Alley pursuant to the criteria as set forth in Chapter 55, Section 55-15; and
WHEREAS, the Plat and Street Committee found the request to comply with the criteria provided in Section 55-15 of the Code of the City of Miami, Florida, as amended (“City Code”):
(1)Is it in the public interest, or would the general public benefit from the vacation of the rights-of-way or easements?
(2)Is the general public no longer using the rights-of-way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles?
(3)Would there be no adverse effect on the ability to provide police, fire or emergency services?
(4)Would the vacation and closure of the rights-of-way or easements have a beneficial effect on pedestrian and vehicular circulation in the area?; and
WHEREAS, the Plat and Street Committee recommends approval with conditions of the request; and
WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on June 17, 2026, following an advertised public hearing, adopted Resolution No. PZAB-R-26-036 by a vote of seven to zero (7-0), Item No. 11, recommending approval with modifications of the closure; 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 and Office of Capital Improvements researched for any City projects involving the Alley; and
WHEREAS, initially, signed letters were provided from the Department of Resilience and Public Works and the Office of Capital Improvements confirming that the City has not expended funds within the prior fifty (50) years and/or any restricted funds on improvements; and
WHEREAS, subsequently, the Department of Resilience and Public Works indicated that funds, in fact, have been expended in the Alley area; and
WHEREAS, the Expenditure Letter indicates that the Applicant must repay Twenty-Two Thousand, Eight Hundred Fifty-One and 94/100 Dollars ($22,851.94) to the City; and
WHEREAS, conditions have been included whereby the Applicant will repave and restripe the Alley to maintain the current conditions and additional improvements; and
WHEREAS, as part of their Application, the Applicant is proposing a public access easement on the portion of the Alley that is being closed and vacated; and
WHEREAS, the vacation and closure of the public Alley is consistent with Article 2, Section 2.1.3.1.f of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended, (“Miami 21 Code”) in that it encourages a pedestrian-friendly realm and is conducive to the use of bicycles as a means of transportation; and
WHEREAS, the vacation and closure of the Alley is consistent with Article 2, Section 2.1.3.3.b of the Miami 21 Code in that it will allow for development that adequately accommodates vehicles while respecting the pedestrian and the spatial form of public space along North Miami Avenue; and
WHEREAS, the vacation and closure of the Alley is consistent with Goal CI-1 of the Capital Improvements Element of the Miami Comprehensive Neighborhood Plan (“MCNP”) as it supports the sound fiscal management and the timely provision of public capital facilities by the City as it will redirect resources to ensure the continued development and improvement of infrastructure that meets the demands of both current and future growth; and
WHEREAS, the vacation and closure of the Alley is consistent with Policy LU-1.4.3 of the Future Land Use Element of the MCNP as it promotes an active pedestrian sidewalk environment along the ground floor frontage of North Miami Avenue; and
WHEREAS, the Applicant has voluntarily proffered several conditions to this application during the application and hearing process; and
WHEREAS, the Planning Department recommends approval with conditions of the request; 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 competent substantial evidence in the record approve with conditions the vacation and closure of the Alley;
NOW, THEREFORE, BE IT RESOLVED BY THE 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 vacation and closureof the public Alley generally located at the west side of North Miami Avenue between Northwest 41 Street and Northwest 40 Street, as more particularly described in the attached and incorporated Exhibit “A,” with the following conditions:
1.“Platinum Estates” – Tentative Plat shall be developed in accordance with the survey digitally signed and sealed by Odalys C. Bello-Iznaga, Professional Surveyor and Mapper, LS6169 on May 5, 2026 and approved by the Plat and Street Committee, bearing the e-Plan approval stamp PZ-25-19401.
2.The Applicant, owner and any successor shall comply with the conditions of approval stated for Platinum Estates Tentative Plat #2091 (formerly #2076), in the letter dated May 28, 2026, issued by the Department of Resilience and Public Works.
3.As proffered by the Applicant, the portion of any building constructed above the Alley shall be limited to a maximum length of 138 feet.
4.As proffered by the Applicant, the Applicant, owner, and any successor shall work with Planning staff to activate the Alley with sufficient lighting, sidewalks, pedestrian access, and doors on both the north and south sides of the Alley.
5.As proffered by the Applicant, the Applicant, owner, and any successor shall perform monthly cleaning and maintenance of the full alleyway within the block, including the Alley, during the construction and thereafter.
6.As proffered by the Applicant, the Applicant shall repave and restripe the full alleyway within the block, including the Alley, from North Miami Avene to Northwest 1 Avenue, between Northwest 41st Street and Northwest 40th Street.
7.The Applicant, owner, and any successor shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations.
8.The Applicant, owner, and any successor shall provide an access plan for review and acceptance by the Fire-Rescue Department, Police Department, Solid Waste Departments, and the Capital Improvements Program/Office Transportation.
9.Pursuant to the provisions of Chapter 55, Section 55-15(a) of the City Code, the amount of Twenty-Two Thousand, Eight Hundred Fifty-One and 94/100 Dollars ($22,851.94), which was indicated on the total expenditure letter, shall be paid to the City before recordation of the final plat.
10.Approval of the requested vacation and closure shall be valid for a period of four (4) years and shall remain independent of the referenced tentative plat during this period, pursuant to Section 55-15 of the City Code.
11.A Certificate of Occupancy shall only be issued after all the required improvements have been completed.
12.The City reserves the right to inspect the Property 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.