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File ID: #16259
Resolution
Sponsored by: Commissioner Christine Kind
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PERMITTING AN ENCROACHMENT INTO A PUBLIC UTILITY EASEMENT
PURSUANT TO SECTION 55-14(H) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AND SUBJECT TO THE REQUIREMENTS THEREIN
STATED, TO ALLOW FOR THE DEVELOPMENT OF AN ATTAINABLE MIXED -
INCOME HOUSING DEVELOPMENT; MAKING FINDINGS.
City of Miami
Legislation
Resolution
Enactment Number: R-24-0293
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16259 Final Action Date:7/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PERMITTING AN ENCROACHMENT INTO A PUBLIC UTILITY EASEMENT
PURSUANT TO SECTION 55-14(H) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AND SUBJECT TO THE REQUIREMENTS THEREIN
STATED, TO ALLOW FOR THE DEVELOPMENT OF AN ATTAINABLE MIXED -
INCOME HOUSING DEVELOPMENT; MAKING FINDINGS.
WHEREAS, Housing Trust Group, LLC and its affiliated entities together with Miami -
Dade County (collectively "Applicant") received approval from the City of Miami ("City") for an
Exception to allow an Attainable Mixed -Income Housing Development ("Development") pursuant
to Article 7, Section 7.1.2.6 and Article 3, Section 3.15.3 of Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended; and
WHEREAS, a portion of the property located at 2000 Northwest 3 Avenue ("Property"),
as more particularly described in Exhibit "A," attached and incorporated, is encumbered by a 25'
public utility easement ("Public Utility Easement"); and
WHEREAS, redevelopment of the Property to accommodate the Development includes
the removal and relocation of all facilities within the Public Utility Easement; and
WHEREAS, the Applicant is requesting approval from the City Commission to allow an
encroachment into the Public Utility Easement to accommodate the Development; and
WHEREAS, the Department of Resilience and Public Works ("Department") has
reviewed the proposed plan for the Development and the proposed encroachment pursuant to
the applicable criteria; and
WHEREAS, pursuant to the requirements of Section 55-14(h) of the Code of the City of
Miami, Florida, as amended ("City Code"), the Applicant received a favorable recommendation
from the Plat and Street Committee at their meeting of July 18, 2024; and
WHEREAS, the Applicant provided notice to all utility companies with facilities within the
Public Utility Easement; and
WHEREAS, the Applicant provided a Hold Harmless and Indemnification Agreement for
the benefit of the City;
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 fully set forth in this Section.
Section 2. The City Commission, after considering the criteria described in Section 55-
14(h) of the City Code, and subject to the requirements stated therein, permits the
encroachment into the Public Utility Easement to allow for the Development of a attainable
mixed -income housing development.
Section 3. This Resolution shall become effective immediately upon its adoption. 1
APPROVED AS TO FORM AND CORRECTNESS:
Note #1: Pursuant to the resolution, this item became effective immediately upon adoption by the
Commission. Note #2: Revision B has the Scrivener's amendment made by law department and per
legal opinion, it may be certified instead of Revision A.
1 if the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar 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.