HomeMy WebLinkAbout2003-25188 Reso RESOLUTION NO. 2003-25188
A RESOLUTION SETHNG A PUBLIC HEARING ON MAY 21, 2003
TO CONSIDER PUBLIC COMMENT, AS REQUIRED BY
ORDINANCE NO. 92-2783, REGARDING THE VACATION OF A
PORTION OF THE EAST-WEST ALLEY IN BLOCK '12, OF
BISCAYNE POINT ISLAND, MIAMI BEACH, IN FAVOR OF FRANK
AND FRANCISCO AVlLA, OWNERS OF THE ADJACENT
PROPERTY LOCATED AT 8000 CECIL STREET
WHEREAS, Frank and Francisco Avila (owners/applicants), own the property located at 8000
Cecil Street, Miami Beach, legally described as Lot 6 and Lot 7, Block 12, of Biscayne Point
Subdivision, as recorded in Plat Book 14, Page 35 of the Public Records of Miami-Dade County,
Florida; and
WHEREAS, there is an east-west platted alley in Block 12 to the north of Lots 6 and 7; and
WHEREAS, the owners/applicants are requesting the vacation of the portion of the alley
adjacent to the above described property; and
WHEREAS, owners/applicants have submitted the application requirements for the vacation of
this City right-of-way, and pursuant to Ordinance No. 92-2783, governing the sale and/or lease of
public property, prior to the vacation of City property, the Mayor and City Commission shall
schedule a public hearing to hear public comment on the request for vacation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to hear public comment
regarding a request by Frank and Francisco Avila, for the vacation of the east-west alley in Block 12
of Biscayne Point Island adjacent to the property located at 8000 Cecil Street, is hereby called to be
held before the Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700
Convention Center Drive, Miami Beach, Florida on May 21, 2003 beginning at 10:42 a. m., and the
City Clerk is hereby authorized .and directed to publish appropriate Public Notice of the said Public
Hearing in a newspaper of Miami Beach, at which time and place all interested parties will be heard.
PASSED and ADOPTED this 30th day of
ATTEST:
City Clerk
April, 20~3
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CI'IY OF I~IIAMI BEACH
COMVIISSION ITEM SUMMARY
Condensed Title:
IA Resolution scheduling a public hearing on May 21,2003, to consider public comments, as required by
ordinance no. 92-2783, for the vacation of portions of the east-west alley in Block 12 of Biscayne Point
Island, to the adjacent property owners at: 1315,1355 Cleveland Road, 8000, 8040 Cecil Street and 1320
N. Biscayne Point Rd..
Issue:
Shall a public hearing be scheduled on May 21,2003 to consider the vacation of the remaining portions of I
the east-west alley in Block 12 of Biscayne Point Island?
I
Item Summary/Recommendation:
Biscayne Point Island has an east-west platted alley in Block 12, portions of which the City had vacated to
the adjacent property owners in 1983 and 1991, while maintaining a 10 foot wide utility easement in the
center. Owners of the properties adjacent to the remaining portions of this alley have recently submitted an
application requesting the City to vacate/quit-claim that portion of alley adjacent to their property. The
owners of these properties have complied with the application requirements by submitting a combined
application fee and providing a list of property owners within a radius of 375 feet from Block 12 who will be
notified of the scheduled public hearing. Administration recommends approval of the Resolution.
Advisory Board Recommendation:
The Land Use and Development Committee recommended that the application fee should not be waived
but an individual applicant be allowed to make their case before the Commission for a fee waiver.
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
I Gary Kokorian, Public Works
Sign-Offs:
[:~AG E NiiiiOi~i~t3\iilsiilBilcayn e pt. u~m m~~''~Manager
City Manager
AGENDA ITEM ~--'?/--
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.rniami-beach.fl us
COMMISSION MEMORANDUM
To:
From:
Subject:
Mayor David Dermer and Date: April 30, 2003
Members of the City Commission
Jorge M. Gonzalez
City Manager
A RESOLUTION SETTING A PUBLIC HEARING ON MAY 21, 2003 TO
CONSIDER PUBLIC COMMENT, AS REQUIRED BY ORDINANCE NO. 92-
2783, REGARDING THE VACATION OF A PORTION OF THE EAST-WEST
ALLEY IN BLOCK 12, LOCATED ON BISCAYNE POINT ISLAND, MIAMI
BEACH, FLORIDA, BETVVEEN N. BISCAYNE POINT ROAD AND CECIL
STREET, TO EACH OF THE FOLLOWING ADJACENT PROPERTY
OWNERS AS INDIVIDUALLY LISTED IN THE ATTACHED
RESOLUTIONS: 1315 CLEVELAND ROAD, 1355 CLEVELAND ROAD,
8000 CECIL STREET, 8040 CECIL STREET AND 1320 N. BISCAYNE
POINT ROAD
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Pursuant to City Code, Chapter 82, Article II, Section 82-37, prior to the vacation of city
property, the City Commission shall schedule a public hearing to consider the request for
vacation of City right-of-way.
Biscayne Point Island has an east-west platted alley in Block 12 as shown in the attached
Exhibit "A". In 1983 the City adopted Resolution 83-17368 vacating portion of this alley to
the adjacent property owner of Lots 14 and 15, while maintaining a 10' utility easement in
the center of the alley. In 1991, the City vacated the portion of this alley adjacent to Lots 10
to 13 and Lot 1 and 30 ft of Lot 2.
ANALYSIS
In 2002, the following property owners/applicants requested vacation of portions of the
alley adjacent to their properties:
1. Frank Avila,
2. Ethel Stratton
3. Ana C. Fuentes
4. Mr. and Mrs. Daniel B. Haber
5. Lilian Janini
8000 Cecil Street
8040 Cecil Street
1315 Cleveland Road
1355 Cleveland Road
1320 North Biscayne Point Road
At the time of the initial request, the property owners requested a waiver of the application
fee. The request was considered by the Land Use and Development Committee and the
Commission which determined that the application fee should stay in place with the ability
of individual applicants to make their case before the entire Commission for a fee waiver.
The owners of the properties listed above have complied with the application requirements
by submitting a combined application fee and providing a list of property owners within a
radius of 375 feet from Block 12 who will be notified of the scheduled public hearing.
The City Administration will include reviews by Public Works Department and an analysis
by the Planning Department for the scheduled public hearing and will present to the City
Commission the requested waivers by the property owners for approval of this vacation.
The City Commission is required to schedule a public hearing allowing fifteen days notice
to the property owners within the 375 feet of the site.
CONCLUSION:
The Administration recommends the City Commission set a public hearing on May 21,
2003, to consider this application for vacation of the east-west alley in Block 12 of Biscayne
Point Island.
Attachment
J M G/RC M/F H B/RH/AV/VG K
T:~AGE NDA~2003~apr3003\consent\Biscay~ePointHrg.doc