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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 r1 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 } 1PGt-F r17 4--Mu a+-ez. 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. 5 MIA 186377796v1