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HomeMy WebLinkAboutPZAB (3740) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-18-016 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 3740 Final Action Date: 4/18/2018 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 UTILITY EASEMENT, LOCATED ALONG THE NORTH SIDE OF NORTHWEST 7 STREET, ALONG THE EAST SIDE OF NORTHWEST 11 AVENUE, ALONG THE NORTHERLY SIDE OF NORTHWEST SOUTH RIVER DRIVE, AND ALONG THE SOUTHERLY SIDE OF THE MIAMI RIVER, MIAMI, FLORIDA, AS LISTED IN SECTION 55-15 (C), OF THE MIAMI CITY CODE OF ORDINANCES, FLORIDA, 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, located along the north side of NW 7 Street, along the east side of NW 11 Avenue, along the northerly side of NW South River Drive, and along the southerly side of the Miami River, Miami, Florida, of approximately 0.49 acres (21,603 square feet) of land, as more particularly described in Exhibit "A", ("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 40 feet in width by 540 feet in length and is proposed to be closed from the east corner of NW 11 Avenue to the intersection of the southerly side of the Miami River; 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 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 Plat and Street Committee, 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, 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 Miami Planning, Zoning and Appeals Board ("PZAB") finds that there is substantial evidence in the record to recommend approval to the Miami City Commission of the closing, vacating, City of Miami Page 1 of 3 File ID: 3740 (Revision: A) Printed On: 4/24/2018 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 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 PZAB recommends approval to the Miami City Commission that a portion of the utility Easement 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 a portion of the utility Easement, the approval must comply with the following conditions: 1. The Applicant, owner, or their successor(s) must meet applicable development standards identified in the Miami 21 Code and all 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 City of Miami Code Section 55-10(i). 3. A Certificate of Occupancy or 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 M.R.S. Tentative Plat #1903, in a letter dated October 10, 2017 issued by the Department of Public Works. Section 4. The PZAB recommends that if the City Commission approves the closing, vacating, abandoning and discontinuing for public use of the utility Easement, the approval should be valid for a period of four (4) years. Section 5. fir- FranZiseo Garcia, Dire Department of Planning This Resolution shall be effective immediately upon its adoption. STATE OF FLORIDA COUNTY OF MIAMI-DADE ) C hr "5ti rre- Personally appeared before me, the undersigned authority, 1—(0,-75 , Clerk of the Planning, Zonin. ,id Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS2 I AY OF P\pr t \ , 201QD W CA elOr za z Print Notary Name Executi¢n Date No -ry Public Sta of Florida City of Miami Page 2 of 3 File ID: 3740 (Revision: A) Printed On: 4/24/2018 Personally know i or Produced I.D. Type and number of 1,D. produced Did take an oath or Did not take an oath My Commission Expires; 4................ .....P' c'_ SILVIA. GONZALEZ ��� • ' MY COMMISSION # GG 051561 EXPIRES: November 30, 2020 Bonded Thru Notary Public Underwriters i 111"' \ l 7ifr [^. City of Miami Page 3 of 3 File ID: 3740 (Revision: A) Printed On: 4/2412018 LEGAL DESCRIPTION TO ACCOMPANY SKETCH UTILITY EASEMENT TO BE CLOSED , VACATED, ABANDONED AND DISCONTINUED FROM PUBLIC USE A PORTION OF TRACT °A" SPORTSMAN'S PARK SECTION 'A'; ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 50 AT PAGE 81, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 'A'; THENCE RUN SOUTH 87 DEGREES 54 MINUTES 25 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID TRACT 'A', FOR A DISTANCE OF 345.90 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED EASEMENT, SAID POINT BEARS SOUTH 14 DEGREES 49 MINUTES 26 SECONDS EAST FROM THE RADIUS POINT OF THE FOLLOWING DESCRIBED CIRCULAR CURVE TO THE LEFT, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 610.15 FEET THROUGH A CENTRAL ANGLE OF 8 DEGREES 01 MINUTES 13 SECONDS FOR AN ARC DISTANCE OF 85.41 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 41 DEGREES 40 MINUTES 25 SECONDS FOR AN ARC DISTANCE OF 101.83 FEET TO A POINT OF TANGENCY; THENCE NORTH 25 DEGREES 28 MINUTES 55 SECONDS EAST FOR A DISTANCE OF 231.54 FEET; THENCE NORTH 64 DEGREES 10 MINUTES 53 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID TRACT A , FOR A DISTANCE OF 40.00 FEET; THENCE SOUTH 25 DEGREES 28 MINUTES 55 SECONDS WEST FOR A DISTANCE OF 231.77 FEET TO A POINT OF CURVATURE OF THE FOLLOWING DESCRIBED CIRCULAR CURVE TO THE RIGHT CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 41 DEGREES 40 MINUTES 25 SECONDS FOR AN ARC DISTANCE OF 72.73 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 570.15 FEET, THROUGH A CENTRAL ANGLE OF 20 DEGREES 45 MINUTES 05 SECONDS FOR AN ARC DISTANCE OF 206.50 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87 DEGREES 54 MINUTES 25 SECONDS WEST FOR A DISTANCE OF 71.14 FEET TO A POINT; SAID POINT BEING RADIAL TO THE FOLLOWING DESCRIBED CIRCULAR CURVE TO THE LEFT, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 87 DEGREES 54 MINUTES 25 SECONDS EAST, ALONG THE SOUTHERLY LINE OF SAID TRACT 'A ; FOR A DISTANCE OF 180.60 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 21,603 SQUARE FEET MORE OR LESS. LYING AND BEING IN SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA. NOTES: 1. PREPARED FOR: MAST CAPITAL. 2. THIS IS NOT A BOUNDARY SURVEY 3. BEARINGS BASED ON AN ASSUMED BEARING OF S87'54'25"W ALONG THE SOUTHERLY LINE OF SAID TRACT 'A'; AS SHOWN ON SAID PLAT OF SPORTSMAN'S PARK SECTION 'A'; 4. THIS SURVEY IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER r � SURVEYOR'S CERTIFICATE PREPARED UNDER MY UP_FRVIS/ON DIRECTION: CERTIFICATE OF AUTHORIZATION No. L88©92 4805 NW 79th AVE SUITE 9, DORAL, FL 33166 (P) 305-526-0606 (E) rn(oPjhasurveys.com DRAWN BY: M.J.M. CHECKED BY J.G.H. JOB NUM.: 151102" JOSS G. IIE7WANQCPRESIDENT RATE: 12/11/17 SHEET 2 OF 2 SHEETS F.B. N/A, PG. PROFESSION LANND SURVEYOR No, 6952 STATE OF FLORIDA J. Hernandez & Associates Inc LAND SURVEYORS AND MAPPERS