HomeMy WebLinkAboutPZAB (3661) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-18-012
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 3661 Final Action Date: 3/21/2018
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF THE CLOSING,
VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION
OF A PUBLIC SERVICE EASEMENT LOCATED BETWEEN BISCAYNE
BOULEVARD AND NORTHEAST 5 AVENUE AND BETWEEN NORTHEAST 78
STREET AND NORTHEAST 79 STREET, MIAMI, FLORIDA, AS LISTED IN SECTION
55-15 (C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the applicant has submitted an application for vacation and closure of a
portion of a public service easement of approximately 0.11 acres (5,082 square feet) of land
located between Biscayne Boulevard and Northeast 5 Avenue and between Northeast 78 Street
and Northeast 79 Street, Miami, Florida ("Easement"); and
WHEREAS, the Easement lies within the limits of the approved Triton Center -A
Tentative Plat (#1817); and
WHEREAS, the Easement is divided into two (2) distinct sections; and
WHEREAS, the first section of the Easement is approximately ten (10) feet in width by
400.21 feet in length and is proposed to be closed from Northeast 5 Avenue to Biscayne
Boulevard where it intersects with the north/south Easement section; and
WHEREAS, the second section of the Easement is approximately five (5) feet in width
by 215.92 feet in length and is proposed to be closed between Northeast 79 Street and
Northeast 78 Street; and
WHEREAS, the Department of Public Works and the Plat and Street Committee have
reviewed the subject vacation and closure and determined that it will not affect pedestrian or
vehicular traffic circulation or access for public service; and
WHEREAS, the Plat and Street Committee at its meeting on October 5, 2017, reviewed
the Easement closure application and determined that all technical requirements have been met
and by a vote of five to zero (5 - 0), recommended approval with conditions of the vacation and
closure as set forth herein; and
WHEREAS, based on the testimony and evidence presented, after due notice, and after
an opportunity to be heard has been afforded to all parties and members of the public, there is
substantial competent evidence in the record to recommend approval of the closing, vacating,
City of Miami Page 1 of 3 File ID: 3661 (Revision: A) Printed On: 3/22/2018
abandoning, and discontinuing for public use the portion of the Easement, as described herein,
and deems it advisable to do so;
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 Miami Planning, Zoning and Appeals Board ("PZAB") recommends
that a portion of the Easement located between Biscayne Boulevard and Northeast 5 Avenue
and between Northeast 78 Street and Northeast 79 Street be closed, vacated, abandoned, and
discontinued for public use to the City Commission.
Section 3. The PZAB recommends that if the City Commission approves the closing,
vacating, abandoning, and discontinuing for public use the portion of the Easement located
between Biscayne Boulevard and Northeast 5 Avenue and between Northeast 78 Street and
Northeast 79 Street, the approval must comply with the following conditions:
1. The applicant, owner, or their successor must meet all applicable development
standards identified in Ordinance No. 13114, as amended, the Zoning Ordinance of the
City of Miami, Florida as well as all other applicable local, county, state, and federal
regulations.
2. 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 the Section 55-10(i) of the code
of the City of Miami, Florida, as amended.
3. A Certificate of Occupancy, Temporary Certificate of Occupancy, Certificate of Use,
or Temporary Certificate of Use shall only be issued after all the required subdivision
improvements have been completed.
4. The applicant, owner, or their successor shall comply with the conditions of approval
stated for the Triton Center Tentative Plat #1817 in a letter dated June 29, 2017 issued
by the Department of Public Works.
5. The approval should be valid for a period of four (4) years.
Section 4. This Resolution shall become effective immediately upon its adoption.
;Iiiri
Francisco Garcia, Dire, r Executi n Date
Department of Plan q
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
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CltYi5-11ne
Personally appeared before me, the undersigned authority, +kJhS , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.tiC�
SWORN AND SUBSCRIBED BEFORE ME THIS 3 DAY OF VCtlr (;.%} , 201 E$
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City of Miami Page 2 of 3 File ID: 3661 (Revision: A) Printed On: 3/22/2018
Print Notary Name
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Ye SEATRIZALVAREZ
•� c"= Commission # GG 153775
6�= Expires November 20, 2021
Banded Thni Ttoy Falh lneutane.8O045-70t9
Notary Public State of Flo(
My Commission Expires:
City of Miami Page 3 of 3 File ID: 3661 (Revision: A) Printed On: 3/22/2018
EXHIBIT "A"
Legal Description
Parcel 1:
Lots 1 through 6, inclusive, Lots 15 through 18, inclusive and Lot 21, in Block 1, of AMENDED PLAT OF
FEDERAL WAY, according to the Plat thereof, as recorded in Plot Book 25, Poge 6, of the Public Records of
Miarni-Dade County, Florida,
Less: The North five feet of Lots 1, 3. 4, 5 and 6, Block 1, of said Plot.
And also Less;
A portion of Lot 1, Block 1, AMENDED PLAT OF FEDERAL WAY, according to the plat thereof os recorded in
Plat Book 25, Page 6 of the Public Records of Miami -Dade County, Florida lying in the Southwest
one -quarter (SW %) of Section 7, Township 53 South, Range 42 East, Miami -Dade County, Florida, being
more porticulorly described os follows:
Com mence at the Southeast corner of said Lot 1; thence North 02'23'13" West, along the East line of said
Lot 1 and the West right -of -way line of Stote Road 5 (Biscayne Boulevord), as shown on the Florida
Department of Transportation Maintenance Mops for Section 87030-MTC-1, as recorded in Rood Plot Book
152, Poge 10 of the Public Records of Miami -Dade County, Florida, for a distance of 5.993 meters (19.66
feet) to the Paint of Beginning of the parcel of land hereinafter to be described, and a point of curvature
of a circular curve, concave to the Southwest, having a radius of 7.620 meters (25.00) feet; thence,
Northwesterly along the arc of said curve to the left, through a centrol angle of 90'04'53", for an arc
length of 11,980 meters (39.30 feet), to a paint of tangency with the South line of the North 1.524 meters
(5,00 feet) of said Lot 1; thence North 87'31'54" East, along said parallel line for c distance of 4,574
meters (15,01 feet) to the point of intersection of a non-tongent circular curve, concave to the Southwest,
hoving o radius of 7.620 meters (25.00 feet); thence, from o tangent bearing of South 55'35'54" East,
Southeasterly along said curve to the right, through o central angle of 53'12'41", for an arc length of
7.077 meters (23.22 feet), to the point of tangency with the said West right-of-way line of State Road 5
(Biscayne Boulevard); thence South 02'23'13" East, along said West right-of-way line, for 1.524 meters
(5.00 feet) to the Point of Beginning,
Parcel 3:
Lot 19, Block 1, of AMENDED PLAT OF FEDERAL WA", according to the Plat thereof, as recorded in Plot
Book 25, Page 6, of the Public Records of Miami -Dade County, Ftorida,
Parcel 4;
Lot 20, Block 1, of AMENDED PLAT OF FEDERAL WAY, ❑ccording to the Plot thereof, as recorded in Plat
Book 25, Poge 6, of the Public Records of Miami -Dade County, Florida,
Par
Lots 7 through 14, Inclusive, Block 1, of AMENDED PLAT OF FEDERAL WAY, according to the Plat thereof, as
recorded in Rat Book 25, Page 6, of the Public Records of Miomi-Dade County, Florida.
Less: The North five feet of Lots 7, 8, 9 and 10, Block 1, of said Plot.
Opinion of Title
TRITON CENTER -A PLAT
6
MIA 185884910v4
FURTHER LESS AND EXCEPT FROM PARCELS 1, 2, 3, AND 4:
A portion of Lots 1, 2, 3, 4, 5, 6, 7, 5, 9, 10, 19, 20 and 21, in Block 1, AMENDED PLAT OF FEDERAL
WAY, according to the plat thereof, as recorded in Plat Book 25 at Page 6 of the Public Records of
Miorni—Dade County, Florida, being more particularly described as follows;
Commence at the Southwest corner of said Lot 19; thence 5 89'23'59" E clang the South line of said Lot
19, also being the North right of way '.ine of N.E. 78th Street for 68.10 feet to the Point of Beginning;
thence continue S 89'23'59" E along said the South line of said Lot 19 and North right of way line of N.E.
78th Street for 12.00 feet to a point of curvature; thence Northeasterly along o 25.00 foot radius curve
leading to the left through a central angle of 89'55'01" for an orc distance of 39.23 feet to o point of
tangency; thence N 00'41'00" E along the East line of said Lots 1, 2. 19, 20 and 21, also being the West
right of way line of Biscoyne Boulevard for 170.91 feet to a point of curvature; thence Northwesterly along
o 25.00 foot radius curve leading to the left through a central angle of 90'04'45" for an orc distance of
39.30 feet to a point of tangency; thence N 89'23'45" W along the South right of way line of N.E. 79th
Street, also being a line 5.00 feet South of and parol€el with the North line of said Block 1 for 490.29 feet
to a point on a circu'or curve con cove to the Southeast and whose radius point Deers S 36'15'57' E;
thence Southwesterly along a 25.00 foot rodius curve leading to the left through a central angle of
53'03'42" for an orc distance of 23,15 feet to a point of tangency; thence 5 00"46'21" W along the West
line of said Lot 10, also being the East right of way line of N.E. 5th Avenue for 10.00 feet to o point on
a circular curve concave to the Southeast and whose radius point bears 5 89'19'39" E; thence Northeasterly
along a 25.00 foot radius curve leading to the right through a central angle of 89'55'54" for an arc
distance of 39.24 feet to a point of tangency; thence S 89'23'45" E along a line 5.00 feet South of and
parallel with said South right of way line of N.E. 79th Street for 463.29 feet to a point of curvature;
thence Southeasterly along a 25.00 foot radius curve leading to the right through a central angle of
90'04'45" for art arc distance of 39.30 feet to o point of tongency; thence 5 00'41'00" W a'org a line
12.00 feet West of and parallel with said East line of Lots 1, 2, 19, 20 and 21 and West right of way line
of Biscayne Boulevard for 165.91 feet to a point of curvature; thence Southwesterly along a 25,00 foot
radius curve leading to the right through a central angle of 89'55'01" for on are distance of 39.23 feet to
the Point of Beginning.
The above property being platted is also known as:
FLS ON 20171049
LEGAL DESCRIPTION: Proposed Tract "A" of Triton Center — A (East Parcel)
A portion of Lots 1, 2, 3, 19, 20 and 21, and all of Lot 18, all in Block 1, of AMENDED PLAT OF
FEDERAL WAY, according to the Plat thereof, as recorded in Plat Book 25, Page 6, of the Public
Records of Miami -Dade County, Florida, being more particularly described as follows:
Commence at the most Southerly Southwest corner of Lot 11 of said Block 1; thence North 89°59'46"
East along the Southerly line of said Block 1, also being the Northerly Right -of -Way line of ME, 78`h
Street for 330.68 feet to the Point of Beginning of the hereinafter described parcel of land; thence North
00°00'00" East perpendicular to the South Right -of -Way line of N.E. 791h Street (State Road #934), said
South Right -of -Way line also being the South line of the North 10.00 feet of said Block 1 for 215.92 feet;
thence North 90°00'00" East along said South Right -of -Way line for 132.80 feet to a point of curvature;
thence run Southeasterly along a 25.00 foot radius curve leading to the right through a central angle of
90°04'45" for an arc distance of 39.30 feet to a point of tangency; thence South 00'04'45" West along a
line 1 2.00 feet West of the Easterly line of said Block 1, also being the West Right -of -Way line of
Biscayne Boulevard for 165.91 feet to a point of curvature; thence run Southwesterly along a 25.00 foot
radius curve leading to the right through a central angle of 89°55'O1" for an arc distance of 39.23 feet to a
point of tangency; thence South 89°59'46" West along the Southerly line of said Block 1 and Northerly
Right..of=Way line ol'N.E, 713t1' Street for 132,58 feet to the Point of Beginning.
Opinion of Title
TRITON CENTER —A PLAT
7
MIA 185884910v4
TOGETHER WITH:
FLS ON 20171049
LEGAL DESCRIPTION: Proposed Tract "B" of Triton Center — A (West Parcel)
A portion of Lots 3, 4, 5, 6, 7, 8, 9, 10 and 18 and all of Lots 11, 12, 13, 14, 15, 16 and 17, all in Block 1,
of AMENDED PLAT OF FEDERAL WAY, according to the Plat thereof, as recorded in Plat Book 25,
Page 6, of the Public Records of Miami -Dade County, Florida, being more particularly described as
follows:
Begin at the most Southerly Southwest corner of said Lot 11 of Block 1; thence North 89°59'46" East
along the Southerly line of said Block 1, also being the Northerly Right -of -Way line of N.E. 78`1' Street
for 330.68 feet; thence North 00'00'00" East perpendicular to the South Right -of -Way line of N.E. 79`h
Street (State Road #934), said South Right -of -Way line also being the South line of the North 10,00 feet
of said Block 1 for 215.92 feet; thence South 90°00'00" West along said South Right -of -Way line for
330.49 feet to a point of curvature; the following three (3) courses being along the Westerly line of said
Block 1, also being the East Right -of -Way line of N.E. 5`I' Avenue; (I) thence run Southwesterly along
said 25.00 foot radius curve leading to the left, through a central angle of 89°55'54" for an arc distance of
39.24 feet to a point of tangency; (2) thence South 00°04'06" West for 165.95 feet to a point of curvature;
(3) thence run Southeasterly along a 25.00 foot radius curve leading to the left through a central angle of
90°04'20" for an are distance of 39.30 feet to the Point of Beginning
Opinion of Title
TRITON CENTER —A PLAT
8
MIA 165884910v4