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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 4416 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "VACATION AND CLOSURE OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT," APPROVING WITH CONDITIONS THE VACATION, CLOSURE, AND DISCONTINUANCE OF USE OF A PLATTED ACCESS WAY AND UTILITY EASEMENT, GENERALLY LOCATED ON A PORTION OF 3977 SOUTHWEST 37 AVENUE, WHICH LEADS UP TO 3995 SOUTHWEST 37 AVENUE AND 3985 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3977 SW 37 Ave — a portion of a platted utility and access way easement, which leads up to 3995 SW 37 Avenue and 3985 SW 37 Avenue [Commissioner Ken Russell - District 2] APPLICANT(S): Carlos Lago, Esquire, on behalf of Bethany's Holdings at Hissar, LLC, Sam's Holdings at Hissar, LLC, Oliver's Holdings at Hissar, LLC. PURPOSE: This will vacate, close, abandon, and discontinue the use of a platted access way and utilities easement that is 30 feet in width, by 230 feet in length, located between 3983 Southwest 37 Avenue and 3979 Southwest 37 Avenue, and that portion which leads up to 3995 Southwest 37 Avenue and 3985 Southwest 37 Avenue. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLAT AND STREET COMMITTEE: Recommended approval with conditions on March 1, 2018, byavoteof5-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions on June6, 2018, byavoteof8-0. City of Miami Legislation Resolution Enactment Number: R-18-0351 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4416 Final Action Date:7/26/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "VACATION AND CLOSURE OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT," APPROVING WITH CONDITIONS THE VACATION, CLOSURE, AND DISCONTINUANCE OF USE OF A PLATTED ACCESS WAY AND UTILITY EASEMENT, GENERALLY LOCATED ON A PORTION OF 3977 SOUTHWEST 37 AVENUE, WHICH LEADS UP TO 3995 SOUTHWEST 37 AVENUE AND 3985 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bethany's Holdings at Hissar, LLC, Sam's Holdings at Hissar, LLC, and Oliver's Holdings at Hissar, LLC ("Applicants") submitted an application to the City of Miami ("City") for vacation and closure of a portion of a platted easement, specifically a platted accessway and utility easement, of approximately 0.17 acres (7,227 square feet) of land located between 3983 Southwest 37 Avenue and 3979 Southwest 37 Avenue, and that portion which leads up to 3995 Southwest 37 Avenue and 3985 Southwest 37 Avenue ("Easement"); and WHEREAS, the Easement lies within the limits of the approved Hissar Grove Tentative Plat (#1863-D); and WHEREAS, the Easement is divided into two (2) distinct sections; and WHEREAS, the first section of the Easement is approximately thirty (30) feet in width by two hundred (200) feet in length and is proposed to be closed from the western property line of Lots 7 and 9, to the northwesterly boundary line of the property at 3979 Southwest 37 Avenue; and WHEREAS, the second section of the Easement is thirty (30) feet in width by approximately thirty (30) feet in length and is proposed to be closed between 3979 Southwest 37 Avenue to where it intersects the southern boundary of the property at 3983 Southwest 37 Avenue, Miami, Florida; and WHEREAS, the Department of Resilience and 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 services; and WHEREAS, the PSC, at its meeting on March 1, 2018, 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, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 6, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-030 by a vote of eight to zero (8-0), PZAB Item No.10, 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 was afforded to all parties and members of the public, there is substantial competent evidence in the record to approve of the closing, vacating, and discontinuing for use the portion of the Easement, as described herein, and deems it advisable to do so, with conditions; 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 City Commission approves that a portion of the Easement located between 3983 Southwest 37 Avenue and 3979 Southwest 37 Avenue, which leads up to 3995 Southwest 37 Avenue and 3985 Southwest 37 Avenue, Miami, Florida to be closed, vacated, and discontinued for use. Section 3. The City Commission approves the closing, vacating, abandoning, and discontinuing for use, the portion of the Easement located between 3983 Southwest 37 Avenue and 3979 Southwest 37 Avenue and that portion which leads up to 3995 Southwest 37 Avenue and 3985 Southwest 37 Avenue, subject to compliance with the following conditions: A. An approval of the vacation and closure of the subject Easement will become effective only upon the approval of the accompanying "Partial Release of Covenant, Easement Agreement and Supplemental Covenant," by the City Commission and the execution of the same by the Applicants and the City of Miami. B. The Applicant, Owner, or their successor 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"), as well as all other applicable local, county, state, and federal regulations. C. 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 55-10(i) of the Code of the City of Miami, Florida, as amended. D. 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. E. The Applicant, Owner, or their successor shall comply with the conditions of approval stated for the Hissar Grove T-Plat #1863 in a letter dated March 20, 2018, issued by the Department of Resilience and Public Works. F. Approval of this closure request shall not supersede the provisions of Chapter 704, Florida Statutes. Section 4. The City Commission approves the closing, vacating, and discontinuing for use of the Easement, which shall be valid for a period of four (4) years and shall remain independent of the referenced tentative plat during this period. The approved final plat must be recorded within the four (4) year approval period. Any revised tentative plat submitted for review subsequent to the approved vacation and closure must be compatible with the approved vacation and closure, as determined by the PSC. Section 5. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: "ndez, City ttor ey 7/12/2018 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.