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Home My WebLink AboutPZAB (12130) ResolutionCity of Miami City Hall f`. /� 3500 Pan American Drive PZAB Resolution Miami, FL 33133 r.r www.miamigov.com l t P2 Enactment Number: PZAB-R-22-020 File ID: 12130 Final Action Date: 7/6/2022 A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE CITY COMMISSION PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CITY OF MIAMI CODE OF ORDINANCES, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FOR PUBLIC USE ONE (1) 326.33 FOOT LONG AND SIX-FOOT WIDE PLATTED UTILITY EASEMENT BOUNDED BY NORTHEAST 64 TERRACE TO THE NORTH, FLORIDA EAST COAST RAILWAY TO THE EAST, NORTHEAST 62 STREET TO THE SOUTH, AND NORTHEAST 2 AVENUE TO THE WEST, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Magic City Properties IV, LLC (the "Applicant") has submitted an application pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code") for the closure and vacation of one, six-foot platted Utility Easement (the "Utility Easement"); and WHEREAS, the Utility Easement is located within properties zoned as "D1," Work Place District Zone; and WHEREAS, the Easement is located within the Magic City Innovation District Special Area Plan (the "Magic City SAP") Overlay; and WHEREAS, Pursuant to Chapter 55, Section 55-15 of the City Code, the property owner, Magic City Properties IV, LLC (the "Applicant") is requesting, through the replatting process, to vacate and close from public use one (1) six-foot wide, 326.33-foot long platted utility easement that runs east to west and north to south through a portion of the site that has a total area of approximately 1,958 square feet (0.045 acre) the Utility Easement; and WHEREAS, based upon the Plat and Street Committee's findings at their Plat and Street Committee meeting on June 9, 2020, and the staff's analysis, the Planning Department recommends the Approval with Conditions of the Applicant's request to vacate and close from public use one Utility Easement; and WHEREAS, the Magic City SAP contemplates the platting and closure of rights - of -ways and easements, including this utility easement, to develop the proposed plan; and City of Miami Page 1 of 5 File ID: 12130 (Revision:) Printed On: 7/28/2022 WHEREAS, the Applicant proposes replatting of the following six (6) properties: 415 NE 62 Street, 401 NE 62 Street, 415 NE 62 Street, 6300 NE 4 Avenue, 6301 NE 4 Avenue, 6350 NE 4 Avenue, and 6380 NE 4 Avenue (collectively the "Property"); and WHEREAS, the utility easement is approximately 138,471 square feet (3.178 acres) in size and is composed of Tract A and Tract B; and WHEREAS, the utility easement is part of the Magic City Innovation District Special Area Plan (the "Magic City SAP") approved on June 27, 2019, by the City of Miami Commission Ordinance No. 13849; and WHEREAS, the utility easement is a "general platted utility easement" that is not specific to any one utility; and WHEREAS, the request to vacate and close this utility easement conforms to the policies and goals of the Miami Comprehensive Neighborhood Plan and is found to be consistent; and WHEREAS, the request to vacate and close this utility easement conforms to the policies and goals of the Miami 21 Zoning Code and is found to be consistent; and WHEREAS, based on the Applicant's Letter of Intent, the utility easement is part of the first phase of the SAP that was approved to be developed with new buildings pursuant to the Magic City SAP Master Plan, and the existing utility easement is not necessary to provide service to the proposed new development; and WHEREAS, the request to vacate and close this utility easement aligns with the Applicant's Development Agreement that authorizes the City to allow the Developer to establish the allocation of land for Building sites and therefore, the Applicant's request is consistent; and WHEREAS, Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the Planning Department has made referrals to the following agencies: Office of Zoning, Neighborhood Service Center — Little Haiti Service Center at Arthur E. Teele Jr. Community Center, Office of Code Compliance, and the Department of Resilience & Public Works; and WHEREAS, at the June 9, 2020, Plat and Street Committee meeting, the Plat and Street Committee (the "Committee") approved the Applicant's "MCID 1 - Tentative Plat #1956-A (First Resubmittal)" involving the vacating and closing of a single Utility Easement from public use; and WHEREAS, the Committee's reviewed the application for compliance with all technical requirements of Chapter 55 and the criteria set forth in Section 55-15 of the City Code; and City of Miami Page 2 of 5 File ID: 12130 (Revision:) Printed On: 7/28/2022 WHEREAS, pursuant to Chapter 55, Ordinances, and the findings, the Planning approval of the vacation and closure; and Section 55-15 of the City of Miami Code of Department supports the Committee's WHEREAS, the vacating and closing of the utility easement is an element to the success of the Magic City SAP Area's objectives in providing Public Open Space/Civic Space, Pedestrian/Vehicular Circulation, and Thoroughfares/Frontages, as illustrated in the Applicant's "Magic City Innovation District Area Plan Concept Book"; and WHEREAS, pursuant to Chapter 55, Section 55-15(c) of the City Code, the Planning, Zoning and Appeals Board ("PZAB") is designated as the authority to render decisions pertaining to the proposed closure and vacation of the abovementioned easements; 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 PZAB finds that there is substantial evidence in the record to recommend to the City Commission the approval with conditions of the closure and vacating of the above -mentioned Easements; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD 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 Planning, Zoning and Appeals Board ("PZAB") recommends approval with conditions to the City Commission of the closure, vacation, abandon, and discontinue for public use of one (1) 326.33 foot long and six-foot wide platted utility easement bounded by Northeast 64 Terrace to the north, Florida East Coast Railway to the east, Northeast 62 Street to the south, and Northeast 2 Avenue to the west, Miami, Florida, with the following conditions: 1. The closure and vacation of the Utility Easement shall be developed in accordance with the survey plans entitled "MCID 1 - Tentative Plat #1956-A (First Resubmittal)" consisting of two sheets, digitally signed and sealed by Geoffrey Leiter, P.S.M. No. 6395 State of Florida, on April 16, 2021, using a Digital Signature. 2. The Applicant, owner or their successor shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations. 3. The Applicant, owner, or their successor 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. 4. A building permit, including phased permits, will not be issued on the property being platted until the final plat is recorded or as authorized by Section 55-1 0(i) of the City of Miami Code of Ordinances, as amended. City of Miami Page 3 of 5 File ID: 12130 (Revision:) Printed On: 7/28/2022 5. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 6. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 7. The Applicant, owner or their successor shall comply with the conditions of approval stated for the Application to vacate and close this Utility Easement, as set forth in a letter dated June 9, 2020, issued by the Department of Resilience and Public Works. The Applicant shall provide a written request to the City's Office of Capital Improvements and Department of Resilience and Public Works to obtain a Confirmation ("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 expenditure of restricted funds (bond funds, grant funds, or otherwise) for such improvements as a separate line item. The City Manager or his or her designee will issue a Total Expenditure, which shall specify the amount that the Applicant must repay to the City ("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 the City Code Section 55-15(i) and 0) of the City of Miami Code of Ordinances, 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, or before scheduling for PZAB consideration for the Alternative Method under the City Code Section 55-15(i) and 0) of the City of Miami Code of Ordinances. 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 of Miami Code of Ordinances, or before scheduling for PZAB consideration for the Alternative Method under the City Code Section 55-15(i) and 0) of the City of Miami Code of Ordinances. Section 3. This Resolution shall become effective immediately upon its adoption. Reviewed and Approved: W City of Miami Page 4 of 5 File ID: 12130 (Revision:) Printed On: 7/28/2022 Lakisha Hull AICP LEED AP BD+C City of Miami Page 5 of 5 File ID: 12130 (Revision:) Printed On: 7/28/2022 EXHIBIT "A" SKETCH & LEGAL DESCRIPTION 6' UTILITY EASEMENT (PLAT BOOK 87, PAGE 23) TO BE VACATED 0.5' N. LINE ACCORDING TO CIRCUIT COURT DEGREE JULY 9,7928 CHANCERY CASE No. 9035 _-NORTH LINE TRACT 3 d Z (PB 51-38) O U) 0 0 5.0 LLLI N Y w I duo Z I O d / Q W 6' UTWTY EASEMENT i } TO BE VACATED � O W 0) z 00' 145.00' NE 62nd STREE REID ACRES (P.B. 50-84) g T R A C T "T" Q NORTH LINE OF m TRACT 'A" (PB 87-23) o z 140.35' I Z" ' NORTH 6' OF TRACT il��^O z (PB-87-23) °? w Lo SUBJECT EASEMENT RONI SUBDIVISION o (PB 87-23) Irn T R A C T 'A" I� -WEST LINE, TRACT "A" (PB 87-23) U w WEST 6' OF TRACT "A" (PB 87-23) I z � w o 44' T o 40.35' TRACT 'A' (87-23)_ - 105.90'j_ zl I I j SO SECOND CORRECTED PLAT I --A.w OF PIERCE'S SUBDIVISION OF -CLEMON CITY ; W (PB 2-21) I BLOCK 18 I Z I �,9. SQy -SOUTH LINE NW i/4 SEC 78-53-42 SE CORNER SW 1/4, NW 1/4 SEC 78-53-42 = 0' 60' 120' 180' 0 z SCALE : 1" = 60' NOTES: 1. CLIENT: MCD MIAMI, LLC. 2. AREA OF THE SUBJECT UTILITY EASEMENT IS 1,958 SQUARE FEET, OR 0.0450 ACRE, MORE OR LESS. 3. ALL RECORDING REFERENCES HEREON REFER TO THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 4. THE SUBJECT EASEMENT LIES IN SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. 5. THIS SKETCH REFLECTS THE EASEMENTS AND RIGHT-OF-WAYS AS SHOWN ON THE REFERENCED RECORD PLAT. 6. THE SUBJECT PROPERTY HAS NOT BEEN ABSTRACTED FOR OTHER EASEMENTS, ROAD RESERVATIONS, OR RIGHTS -OF -WAY OF RECORD BY THIS FIRM. 7. THIS IS NOT A SURVEY OF ANY PARCEL OF LAND. (FILE. 19-279 UE SKETCH-LEGAL.DWG LEGAL DESCRIPTION. A 6 FOOT WIDE PLATTED UTILITY EASEMENT BEING A PORTION OF TRACT "A", "RONI SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 87, PAGE 23 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 6 FEET AND THE NORTH 6 FEET OF TRACT "A" OF SAID "RONI SUBDIVISION" PLAT. This item has been digitally signed and sealed by Geoffrey Leiter, P.S.M. No. 6395 State of Florida, on 05-17-2021 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be —ifed on any electronic copies. LEGEND: PB - PLAT BOOK PG PAGE ¢ - CENTERLINE h1 CITY OF MIAMI MONUMENT LINE FEC. - FLORIDA EAST COAST RAILWAY R. R. - RAILROAD RAN - RIGHT OF WAY SEC - SECTION THIS "SKETCH & LEGAL DESCWWN" WAS PREPARED UNDER MY SUPERVISION. LEITER, PEREZ & ASSOCIATES, INC. BY., PRESIDENT GEOFFREY LEITER, PROFESSIPROFESSIONALSURVEYOR & MAPPER /6,T95 STATE OF FLORIDA -WEST LINE, TRACT "A" (PB 87-23) U w WEST 6' OF TRACT "A" (PB 87-23) I z T o 40.35' TRACT 'A' (87-23)_ - 105.90'j_ zl I I j SO SECOND CORRECTED PLAT I --A.w OF PIERCE'S SUBDIVISION OF -CLEMON CITY ; W (PB 2-21) I BLOCK 18 I Z I �,9. SQy -SOUTH LINE NW i/4 SEC 78-53-42 SE CORNER SW 1/4, NW 1/4 SEC 78-53-42 = 0' 60' 120' 180' 0 z SCALE : 1" = 60' NOTES: 1. CLIENT: MCD MIAMI, LLC. 2. AREA OF THE SUBJECT UTILITY EASEMENT IS 1,958 SQUARE FEET, OR 0.0450 ACRE, MORE OR LESS. 3. ALL RECORDING REFERENCES HEREON REFER TO THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 4. THE SUBJECT EASEMENT LIES IN SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. 5. THIS SKETCH REFLECTS THE EASEMENTS AND RIGHT-OF-WAYS AS SHOWN ON THE REFERENCED RECORD PLAT. 6. THE SUBJECT PROPERTY HAS NOT BEEN ABSTRACTED FOR OTHER EASEMENTS, ROAD RESERVATIONS, OR RIGHTS -OF -WAY OF RECORD BY THIS FIRM. 7. THIS IS NOT A SURVEY OF ANY PARCEL OF LAND. (FILE. 19-279 UE SKETCH-LEGAL.DWG LEGAL DESCRIPTION. A 6 FOOT WIDE PLATTED UTILITY EASEMENT BEING A PORTION OF TRACT "A", "RONI SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 87, PAGE 23 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 6 FEET AND THE NORTH 6 FEET OF TRACT "A" OF SAID "RONI SUBDIVISION" PLAT. This item has been digitally signed and sealed by Geoffrey Leiter, P.S.M. No. 6395 State of Florida, on 05-17-2021 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be —ifed on any electronic copies. LEGEND: PB - PLAT BOOK PG PAGE ¢ - CENTERLINE h1 CITY OF MIAMI MONUMENT LINE FEC. - FLORIDA EAST COAST RAILWAY R. R. - RAILROAD RAN - RIGHT OF WAY SEC - SECTION THIS "SKETCH & LEGAL DESCWWN" WAS PREPARED UNDER MY SUPERVISION. LEITER, PEREZ & ASSOCIATES, INC. BY., PRESIDENT GEOFFREY LEITER, PROFESSIPROFESSIONALSURVEYOR & MAPPER /6,T95 STATE OF FLORIDA SECOND CORRECTED PLAT I --A.w OF PIERCE'S SUBDIVISION OF -CLEMON CITY ; W (PB 2-21) I BLOCK 18 I Z I �,9. SQy -SOUTH LINE NW i/4 SEC 78-53-42 SE CORNER SW 1/4, NW 1/4 SEC 78-53-42 = 0' 60' 120' 180' 0 z SCALE : 1" = 60' NOTES: 1. CLIENT: MCD MIAMI, LLC. 2. AREA OF THE SUBJECT UTILITY EASEMENT IS 1,958 SQUARE FEET, OR 0.0450 ACRE, MORE OR LESS. 3. ALL RECORDING REFERENCES HEREON REFER TO THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 4. THE SUBJECT EASEMENT LIES IN SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. 5. THIS SKETCH REFLECTS THE EASEMENTS AND RIGHT-OF-WAYS AS SHOWN ON THE REFERENCED RECORD PLAT. 6. THE SUBJECT PROPERTY HAS NOT BEEN ABSTRACTED FOR OTHER EASEMENTS, ROAD RESERVATIONS, OR RIGHTS -OF -WAY OF RECORD BY THIS FIRM. 7. THIS IS NOT A SURVEY OF ANY PARCEL OF LAND. (FILE. 19-279 UE SKETCH-LEGAL.DWG LEGAL DESCRIPTION. A 6 FOOT WIDE PLATTED UTILITY EASEMENT BEING A PORTION OF TRACT "A", "RONI SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 87, PAGE 23 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 6 FEET AND THE NORTH 6 FEET OF TRACT "A" OF SAID "RONI SUBDIVISION" PLAT. This item has been digitally signed and sealed by Geoffrey Leiter, P.S.M. No. 6395 State of Florida, on 05-17-2021 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be —ifed on any electronic copies. LEGEND: PB - PLAT BOOK PG PAGE ¢ - CENTERLINE h1 CITY OF MIAMI MONUMENT LINE FEC. - FLORIDA EAST COAST RAILWAY R. R. - RAILROAD RAN - RIGHT OF WAY SEC - SECTION THIS "SKETCH & LEGAL DESCWWN" WAS PREPARED UNDER MY SUPERVISION. LEITER, PEREZ & ASSOCIATES, INC. BY., PRESIDENT GEOFFREY LEITER, PROFESSIPROFESSIONALSURVEYOR & MAPPER /6,T95 STATE OF FLORIDA THIS "SKETCH & LEGAL DESCWWN" WAS PREPARED UNDER MY SUPERVISION. LEITER, PEREZ & ASSOCIATES, INC. BY., PRESIDENT GEOFFREY LEITER, PROFESSIPROFESSIONALSURVEYOR & MAPPER /6,T95 STATE OF FLORIDA