HomeMy WebLinkAboutPZAB (4022) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-18-030
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov,com
File ID: 4022 Final Action Date: 6/6/2018
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION
APPROVAL WITH CONDITIONS OF THE VACATION, CLOSURE, ABANDONMENT,
AND DISCONTINUANCE OF USE OF A PLATTED ACCESSWAY AND UTILITY
EASEMENT PURSUANT TO CHAPTER 55, SECTION 55-15 (C), OF THE CITY
CODE OF MIAMI, 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, 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 ("Applicant") submitted an application to the City of Miami
("City") for vacation and closure of a portion of a platted 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 (the "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; 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 services; and
WHEREAS, the Plat and Street Committee, 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
City of Miami Page i of 3 File ID: 4022 (Revision: A) Printed On: 6/26/2018
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 recommend approval of the closing, vacating,
abandoning, and discontinuing for 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 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 to be closed, vacated, abandoned, and discontinued for use to the City
Commission.
Section 3. The PZAB recommends that if 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, the approval must comply with the
following conditions:
1. 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 Hissar Property Owners
Association, Inc., the Florida International University Board of Trustees, the
National Tropical Botanical Garden, the Bethanhy's Holdings at Hissar, LLC,
Oliver's Holdings at Hissar, LLC, Sam's Holdings at Hissar, LLC, and the City of
Miami.
2. 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 ("Miami 21 Code") as well as all other applicable
local, county, state, and federal regulations.
3. 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.
4. 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.
5. 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 Public Works.
City of Miami Page 2 of 3 File ID: 9022 (Revision: A) Printed On: 6/26/2018
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6. Approval of this closure request shall not supersede the provisions of Chapter
704 of the Florida Statutes.
Section 4. The PZAB recommends that if the City Commission approves the closing,
vacating, abandoning and discontinuing for use of the Easement, the approval should be valid
for a period of four (4) years pursuant to City Code Section 55-15.
Section 5. This Resolution shall become effective immediately upon its adoption.
rancisco Garc-iirector
Department of Planning
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CY\iS_ -Ne
Personally appeared before me, the undersigned authority, -3-►1')t , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that slhe executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS ` AL DAY OF 3)I\ e. , 201
Executi n Date
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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
otary Public State of Florida
My Commission Expires:
:}"•Y' BEATRIZALVAREZ
Commission # GG 153775
Expires November 20, 2021
Bonded Thru Troy Fain Insurance 886 385.7019
City of Miami Page 3 of 3 File ID: 4022 (Revision: A) Printed On: 6/26/2018
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Lot 6, Block I, PLAT OF HISSAR, according to the Plat thereof, as recorded in Plat Book 85,
Page 4, of the Public Records of Miami -Dade County, Florida.
Together with:
That portion of Lot 10, Block 1, PLAT OF HISSAR, according to the Plat thereof, as recorded in
Plat Book 85, Page 4, of the Public Records of Miami -Dade County, Florida, more particularly
described as follows:
That Portion of Lot 10, Block 1, lying southeasterly of the northeasterly prolongation of the
westerly boundary line of Lot 6, Block 1, of said PLAT OF HISSAR.
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