HomeMy WebLinkAboutR-21-0181City of Miami
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Legislation
Resolution: R-21-0181
File Number: 8361
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/22/2021
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
SOUTHWEST 36 COURT, A TEN FOOT (10') PLATTED PRIVATE ALLEY, AND
A TEN FOOT (10') UTILITY EASEMENT GENERALLY LOCATED WITHIN THE
ROADWAY BOUNDARIES OF SOUTHWEST 7 STREET TO THE NORTH,
SOUTHWEST 36 AVENUE TO THE EAST, SOUTHWEST 8 STREET TO THE
SOUTH, AND SOUTHWEST 37 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, Eight Street Properties, LLC, Tamiami Properties, Inc., and Cova Re
Holdings, LLC (collectively, "Applicant") submitted an application for the closure and vacation of
a portion of Southwest 36 Court ("Right -of -Way"), a ten foot (10') utility easement ("Easement"),
and a ten foot (10') public alley ("Alley") generally located within the roadway boundaries of
Southwest 7 Street to the north, Southwest 36 Avenue to the east, Southwest 8 Street to the
south, and Southwest 37 Avenue to the west, Miami, Florida, as more particularly described in
Exhibit 'A" attached and incorporated ("Vacation and Closure"); and
WHEREAS, the proposed Vacation and Closure lies within the limits of the approved
Versailles West Paseo — Tentative Plat #1940-A ("T-Plat"); and
WHEREAS, the Right -of -Way is approximately 13,766 square feet, or 0.316 acre, of
Southwest 36 Court between Southwest 7 Street and Southwest 8 Street; and
WHEREAS, the Easement is approximately 816 square feet, or 0.019 acre, on the
western portion of the T-Plat; and
WHEREAS, the Alley is approximately 2,851 square feet, or 0.065 acre, located
between Southwest 36 Avenue and Southwest 36 Court; and
WHEREAS, the total acreage of the proposed Vacation and Closure is approximately
17,433 square feet, or 0.4 acre; and
WHEREAS, the proposed Vacation and Closure are located within the T6-8-0, "Urban
Core Transect Zone — Open"; and
WHEREAS, the Department of Resilience and Public Works ("Public Works") and the
Plat and Street Committee ("PSC") reviewed the proposed Vacation and Closure and
determined that it will not affect pedestrian or vehicular traffic circulation or access for public
service; and
City of Miami Page 1 of 4 File ID: 8361 (Revision: A) Printed On: 512012021
File ID: 8361
Enactment Number: R-21-0181
WHEREAS, the PSC, at its meeting on March 14, 2019, reviewed the proposed
Vacation and Closure application and determined that all technical requirements were met and,
by a vote of five to zero (5-0), recommended approval of the Vacation and Closure; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
December 2, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-
045 by a vote of nine to zero (9-0), Item No. PZAB.2, recommending approval with conditions of
the application for the Vacation and Closure; and
WHEREAS, the existing Easement located within TRACT "A"' of the T-Plat that is to be
closed and vacated must be relocated or a new easement must be provided by the Applicant;
and
WHEREAS, existing utilities located within the above -referenced portion of the T-Plat
proposed to be closed and vacated by the Applicant must be relocated or new easements
provided; and
WHEREAS, the purpose of the Vacation and Closure is to unify the property for
redevelopment purposes; and
WHEREAS, the Vacation and Closure may contribute to the generation of new and
additional ad valorem taxes to the City of Miami ("City") and necessary services to City
residents; and
WHEREAS, the Easement and Alley are not currently being used by the public; and
WHEREAS, the Final Plat will dedicate a twenty-five foot (25) vertical clear height,
twenty-seven foot (27') wide horizontal, three-dimensional public ingress/egress easement
within the area of Southwest 36 Court; and
WHEREAS, there is suitable emergency and public service vehicle access still being
provided along Southeast 36 Court; and
WHEAREAS, there will be no adverse effects to police, fire, or emergency services; and
WHEREAS, vehicular circulation will be improved by designating drop-off locations for
tourist buses; 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
funds (bond funds, grant funds, or otherwise) for such improvements on the proposed Vacation
and Closure shall be repaid by the Applicant before recordation of the Final Plat; and
WHEREAS, pursuant to Section 55-15 of the City Code, the Vacation and Closure would
revert to the abutting property owner(s); and
WHEREAS, the City Commission finds that it is in the public interest of the City to
approve, with conditions, the Vacation and Closure;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 2 of 4 File ID: 8361 (Revision: A) Printed on: 512012021
File ID: 8361
Enactment Number: R-21-0181
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, with conditions, the Vacation and Closure,
as more particularly described herein and in Exhibit "A", attached and incorporated.
Section 3. The City Commission approves the Vacation and Closure with the following
conditions:
1) The Applicant and their successors shall comply with the conditions of approval
stated in the Application for Vacation and Closure, specifically in the letter dated
June 10, 2019 issued by the PSC via Public Works.
2) The Applicant will demarcate and annotate with a callout on their finalized,
approved T-Plat language for an "access easement" for the proposed vacation
and closure of a portion of Southwest 36 Court (Right -of -Way) that it will promote
the beneficial effect on pedestrian and vehicular circulation in the area without
any temporary or permanent encumbrances unless approved by the City.
3) Pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"), specifically Article 5, Section 5.6.1.i,
titled "Building Disposition (T6):", if the Frontage Line of a site is at any point
more than three hundred forty feet (340') feet from a Thoroughfare intersection,
the Building shall provide a cross -Block Pedestrian Passage. The Applicant shall
fulfill this requirement by providing a three-dimensional public ingress and egress
easement, which will be dedicated by the T-Plat. To ensure unfettered pedestrian
circulation, there will be no temporary or permanent horizontal or vertical
obstructions unless formally authorized by Public Works.
4) The property abuts a portion of Calle Ocho (Eighth Street) right-of-way between
Brickell Avenue and the Palmetto Expressway in Miami -Dade County, Florida,
which has been designated as a state historic highway pursuant to House Bill
1104 (Chapter 86-308). This would prohibit the use of state funds for certain
actions, such as the removal of trees. The measure requires the approval of the
Division of Archives, History, and Records Management of the Department of
State before any alteration may be made on Eighth Street. Further, before any
such alterations may be made, a public hearing must be held after notification of
all affected parties. Certain restrictions are also placed on the erection of signs
along Eighth Street; however, these restrictions do not supersede more stringent
local sign ordinance(s).
5) Prior to the building construction phase, the Applicant shall coordinate, in writing,
with both the City's Building Department and the Florida Department of State's
Division of Library and Information Services for guidance on any proposed
modifications to the abovementioned state designated historic highway.
6) Pursuant to Chapter 55 of the City Code, the Applicant shall provide a written
request to both the City's Office of Capital Improvements and Public Works to
obtain a Confirmation. If the Confirmation indicates that funds were expended,
the City's Finance Department and Office of Management and Budget will
determine the amount of the City's expenditure, specifically including the
City of Miami Page 3 of 4 File ID: 8361 (Revision: A) Printed on: 512012021
File ID: 8361
Enactment Number: R-21-0181
expenditure of restricted funds (bond funds, grant funds, or otherwise) for such
improvements as a separate line item. The City Manager or designee will issue a
Total Expenditure, which shall specify the amount that the Applicant must repay
to the City before recordation of the Final Plat ("Total Expenditure").
Said Confirmation and, if applicable, Total Expenditure must be obtained prior to
the scheduling of a public hearing regarding the Vacation and Closure before the
City Commission or before the PZAB for the Alternative Method under Section
55-15(i) and 0) of the City Code. Payment to the City of the amount indicated on
the Total Expenditure shall be paid to the City before recordation of the Final Plat
in accordance with Section 55-8 of the City Code.
Section 4. The City Commission approves the Vacation and Closure as described
herein. The approval is valid for a period of four (4) years and shall remain independent of the
T-Plat during this period. The approved Final Plat should be recorded within the four (4) year
approval period of the requested Vacation and Closure. Any revised tentative plat submitted
for review subsequent to the approved Vacation and Closure should be compatible with the
approved Vacation and Closure as determined by the PSC.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1 1
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' 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 4 of 4 File ID: 8361 (Revision: A) Printed on: 512012021