PZ.1 - Vacate Two Public Alleys

WHEREAS, Carlos Markovich, Esquire and Anthony De Yurre, Esquire, on behalf of North Miami Avenue, LLC ("Applicant"), requests from the City of Miami (“City”) to vacate and close two (2) public alleys: 1.) a fifteen foot (15’) wide alley that runs north and south (“North-South Alley”) and 2.)  a sixteen foot (16’) wide alley that runs east and west from the property line for approximately 150.03 feet (“East-West Alley”) generally located at the west side of North Miami Avenue between Northwest 34 Terrace and Northwest 35 Street, Miami, Florida, more particularly described in the attached and incorporated Exhibit “A” (collectively, the “Alley Vacation); and

WHEREAS, the Applicant is the owner of the property located at 3452 and 3466 North Miami Avenue, 20 and 34 Northwest 35 Street, and 27, 31, and 29 Northwest 34 Terrace (“Property”) in which the Alley Vacation is located; and

WHEREAS, the Property is bounded by North Miami Avenue to the east, Northwest 34 Terrace to the south, and Northwest 35 Street to the north; and

WHEREAS, the Property and Alley Vacation are located within the “T5-O,” Urban Center Transect Zone – Open; and

WHEREAS, the Applicant has submitted an Application (PZ-24-17558) for four (4) Waivers to allow for a Mixed-use development at the Property; and

WHEREAS, the Property and the Alley Vacation are designated as “General Commercial” on the Future Land Use Map (“FLUM”) of the Miami Comprehensive Neighborhood Plan’s (“MCNP”); and

WHEREAS, the Property and Alley Vacation are located within the Wynwood Norte Neighborhood Revitalization District-2 (“NRD-2”); and

WHEREAS, the North-South Alley and the East-West Alley run through the Property in a sideways “T” shape; and

WHEREAS, the Property’s east property line has a length of 215.57 feet, the south property line has a total length of 275.07 feet (inclusive of the 15-foot width of the North-South Alley), the west property line has a total length of 215.68 feet (inclusive of the 16-foot width of the East-West Alley), and the north property line has a total length of 275.07 feet (inclusive of the 15-foot width of the North-South Alley); and

WHEREAS, the Property’s total perimeter length is 981.39 feet; and

WHEREAS, on June 6, 2024, the City’s Plat and Street Committee approved the Wynwood HQ Tentative Plat #2000-A (“Tentative Plat”) by a vote of 4 to 0; and

WHEREAS, based on the Tentative Plat, the Alley Vacation proposed to be vacated is approximately 5,678 square feet or 0.130 acres; and

WHEREAS, pursuant to the Tentative Plat, the North-South Alley and the East-West Alley will bereplaced by 1.) a 16-foot-wide public access and utility easement running north-south along theProperty’s western boundary and 2.) a 24-foot public accesseasement with an overlapping 16-foot-wide utility easement running north-south in approximatelythe same location as the existing North-South Alley; and

WHEREAS, the Plat and Street Committee reviewed the request for the vacation and closure of the Alley Vacation 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; and

WHREAS, the Plat and Street Committee recommends approval with conditions of the request; and

WHEREAS, pursuant to the provisions of Chapter 55, Section 55-15(a) of the Code of the City of Miami, Florida, as amended, the City’s Department of Resilience and Public Works and Office of Capital Improvements researched for any City projects involving the Alley Vacation; and

WHEREAS, signed letters were provided by both departments confirming that the City has not expended any funds within the prior fifty (50) years and/or any restricted funds on improvements; and

WHEREAS, the proposed vacation and closure of the Alley Vacation was found to be consistent with Article 2, Section 2.1.3.1.f of the Miami 21 Code; and

WHEREAS, the proposed vacation and closure of the Alley Vacation was found to be consistent with Article 2, Section 2.1.2.b.3 of the Miami 21 Code; and

WHEREAS, the proposed Alley Vacation was found to be consistent with the Capital Improvements, Goal Cl-1 of the MCNP; and

WHEREAS, the proposed vacation and closure of the Alley Vacation was found to be consistent with Goal TR-1.1.5 of the MCNP; and

WHREAS, the Planning Department recommends approval with conditions of the request; and

WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on September 3, 2025, following an advertised public hearing, adopted Resolution No. PZAB-R-25-049 by a vote of seven to zero (7-0), Item No. 7, recommending approval of the closure; 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 vacation and closure;

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 hereby vacates and closes two public alleys that are generally located at the west side of North Miami Avenue between Northwest 34 Terrace and Northwest 35 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A,” with the following conditions:

1.Tentative Plat #2000 (“Wynwood HQ”) shall be developed in accordance with the survey digitally signed and sealed by Mark Steven Johnson, Professional Surveyor and Mapper, LS No. 4775 on September 9, 2022, and approved by the Plat and Street Committee, bearing the e-Plan approval stamp PZ-25-19019.

2.The Applicant, owner, and any successor(s) shall comply with the conditions of approval stated for Wynwood HQ Tentative Plat #2000, in the letter dated August 9, 2024, issued by the Department of Resilience and Public Works.

3.Prior to City Commission approval of the Final Plat, the Applicant shall record the Covenant as listed in condition 16 of City Commission Resolution No. R-06-0401.

4.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.

5.The Applicant, owner, or their successor shall provide an access plan for review and acceptance by the Fire/Resue Department, Police Department, Solid Waste Departments, and the Capital Improvements Program/Office Transportation.

6.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.

7.A Certificate of Occupancy shall only be issued after all the required improvements have been completed.

8.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 after adoption.