HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 4191
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE CLOSING, VACATING,
ABANDONING, AND DISCONTINUING OF A UTILITY EASEMENT
PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, APPROXIMATELY LOCATED
BETWEEN NORTHWEST 7 STREET AND THE MIAMI RIVER, ON THE
EAST SIDE OF NORTHWEST 11 AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 1001 NW 7 St [Commissioner Joe Carollo - District 3]
APPLICANT(S): Iris Escarra, Esquire, on behalf of Mast Capital, Inc.
PURPOSE: This will close, vacate, abandon, and discontinue a utility easement.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
PLAT & STREET COMMITTEE: Recommended approval with conditions on September 25,
2017,byavote of6-0.
PLANNING, ZONING AND APPEALS BOARDS: Recommended approval with conditions on
April 18, 2018, by a vote of 9 — 0.
City of Miami
Legislation
Resolution
Enactment Number: R-18-0275
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4191 Final Action Date:6/28/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE CLOSING, VACATING, ABANDONING, AND DISCONTINUING OF
A UTILITY EASEMENT PURSUANT TO SECTION 55-15 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, APPROXIMATELY LOCATED BETWEEN
NORTHWEST 7 STREET AND THE MIAMI RIVER, ON THE EAST SIDE OF
NORTHWEST 11 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mast Capital Inc. ("Applicant") has submitted an application for vacation and
closure of a utility Easement approximately located between Northwest 7 Street and the Miami
River, on the east side of Northwest 11 Avenue, Miami, Florida, of approximately 0.49 acres
(21,603 square feet) of land, as more particularly described in Exhibit "A" ("Utility Easement");
and
WHEREAS, the proposed closure of the Utility Easement lies within the limits of the
approved M.R.S. Tentative Plat (#1903); and
WHEREAS, the existing Utility Easement is approximately forty feet (40') in width by five
hundred forty feet (540') in length and is proposed to be closed from the east corner of
Northwest 11 Avenue to the intersection of the southerly side of the Miami River; and
WHEREAS, the Department of Resilience and Public Works ("Public Works") and the
Plat and Street Committee ("PSC") 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 PSC at its meeting on September 25, 2017, reviewed the Utility
Easement closure application and determined it complied with the required findings for a closure
and that all technical requirements have been met; and
WHEREAS, the PSC, by a vote of six to zero (6-0), recommended approval with
conditions of the vacation and closure of the Utility Easement as presented; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on April
18, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-016 by a
vote of nine to zero (9-0), PZAB Item No.8, recommending approval with conditions of the
vacation and closure; 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 City
Commission finds that there is substantial evidence in the record to approve the closing,
vacating, abandoning, and discontinuing for public use, a portion of the Utility Easement and
deems it advisable to do so;
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 if fully set forth in this Section.
Section 2. The Miami City Commission approves the closure, vacation, abandonment,
and discontinuance for public use of a portion of the Utility Easement with the following four (4)
conditions:
A. The Applicant, owner, or its successor(s) must meet all applicable development
standards identified in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
as amended ("Miami 21 Code"), and all applicable local, county, state, and federal regulations.
B. 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.
C. A Certificate of Occupancy, Certificate of Use, Temporary Certificate of
Occupancy, or Temporary Certificate of Use shall only be issued after all the required
subdivision improvements have been completed.
D. The Applicant, owner, or its successor shall comply with all of the conditions of
approval stated for the M.R.S. Tentative Plat #1903 in a letter dated October 10, 2017 issued by
Public Works.
Section 3. The City Commission's approval of the closing, vacating, abandoning and
discontinuing use of the Utility Easement shall be valid for a period of four (4) years.
Section 4. This Resolution shall be effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 6/13/2018
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.