HomeMy WebLinkAboutR-18-0351City of Miami
Resolution R-18-0351
Legislation
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
City of Miami Page 1 of 3 File ID: 4416 (Revision:) Printed On: 4/3/2025
File ID: 4416 Enactment Number: R-18-0351
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.
City of Miami Page 2 of 3 File ID: 4416 (Revision:) Printed on: 4/3/2025
File ID: 4416 Enactment Number: R-18-0351
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.
City of Miami Page 3 of 3 File ID: 4416 (Revision:) Printed on: 4/3/2025