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Home My WebLink AboutAnalysis and MapsCity of Miami Planning Department Division of Land Development ANALYSIS FOR RELEASE OF COVENANT City Commission File ID No. 4172 APPLICANT(S): Bethany's Holdings at Hissar, LLC, Sam's Holdings at Hissar, LLC, Oliver's Holdings at Hissar, LLC LOCATION: 3977 SW 37 Ave — portion which leads up to 3995 SW 37 Avenue and 3985 SW 37 Avenue COMMISSION DISTRICT District 2 - Commissioner Ken Russell NET DISTRICT OFFICE: Coconut Grove SUBJECT: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING OR DENYING A PARTIAL RELEASE OF COVENANT, EASEMENT AGREEMENT, AND SUPPLEMENTAL COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM AS PROVIDED IN EXHIBIT "B", WHICH CURRENTLY DEDICATES AS AN UNBUILDABLE SITE A PORTION OF THE PROPERTY GENERALLY LOCATED AT 3977 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", IN ORDER TO USE THE SUBJECT PROPERTY AS A BUILDING SITE. REQUEST The property owners Bethany's Holdings at Hissar, LLC, Sam's Holdings at Hissar, LLC, Oliver's Holdings at Hissar, LLC, (the "Applicant") request a Special Appearance before the City Commission to obtain a Partial Release of Covenant, Platted Easement and Supplemental Covenant (the "Partial Release,") for land generally located between 3995 SW 37 Avenue and 3985 SW 37 Avenue (the "Alley") BACKGROUND On August 19, 1968 the City Commission of Miami approved the Plat of Hissar (the "Plat"), which was a subdivision of land into ten (10) lots (the "Lots"). On the Plat, Lot 10 (highlighted in Figure-1 below) is described as a platted easement for use as a private access way and utilities. The Plat also indicates that Lot 10 may not be used as a building site unless replatted. Figure-1: Lot 10 of the Plat of Hissar 12 Arc . 11.1 dfl5 WT 35 I l YI la 5UBDVISIONOF PART OF I.OT"M"'EWAN i•ON HEI01TS (2-33) $. qr,- 15 , 17 ! 1® 151 20 a. u•woir , y i. rL'j rL' "' I i1' [ryi[r,nenr.. _-- •=1 uueCi91,1931. Bre< m5 I iVl-,- n sN5!'-!e'W i95.E( xss[dr-re•w TO`-..�-..._._..-_:T,:--1u:.r!'y-------------;un---y�- e'lr, l.1e190 109' rt,E1' s` R .• 9S, p.rA' S Epsrme 9. p[5A A.U.A!ar- h 's iiw9 3rE J----r T.----5----- A.er• 115..; - ' y,s.NAS .B w ziaOre p - S 1(x1111eO Enrmec97. g!'rE-.lpl_-Sr19r..1---! ...--"`RA.[ -"—T"• '2' ..I t.. p LL 5 sramsrE �55V0Y-I(E �•.�.. .51' 5 564311.54 roc' - !!p1%19"E •59.9 e:1rt Is! r5.5r-rrE .y1cr;d,b./ y9mrrrdN Pial 1.0I}' Irtr. 1 LOT "0" EWANTON HEIGHTS (B-52) At the time of approval, a new subdivision was required to provide frontage on a public street. The Applicant received approval of a Variance to substitute required frontage on a public street with a private roadway. Prior to recordation of the final Plat, the Subdivider proffered a covenant, Official Record Book 6329 at Page 619 (the "Covenant"), as a condition of approval from the City Commission for a Variance from the Code of Ordinances in effect at the time. Via the Covenant, Lot 10 is designated as an easement for utilities and for access onto Lots 1 through 9, and can not be used as a building site. Furthermore, the Covenant assigns the title to Lot 10 to the Hissar Properties Owners Association, Inc. (the "HOA"). Per documentation provided by the Applicant, an Easement Agreement and Supplemental Covenant were later tied to the land as the Lots changed ownership. On January 27, 2015, a Release of Easement and Other Rights was executed by the owners of the westernmost properties, Lots 1-5 of the Plat, and was conditioned upon: " 1) the approval and recordation of the T-Plat; 2) turnaround access as provided on the T-Plat or other like turnaround area; and 3) required that the rights to access the turnaround be granted in favor of the owners of Lots 1-5." The HOA subsequently deeded to the Applicant the easternmost 7,227 square feet of Lot 10 (the "Alley"). An aerial image of the Alley is depicted in Figure-2 below, and further described in the Sketch provided as Attachment No. 1 of this Analysis. Figure-2: Aerial View of Alley (highlighted in Red) Item #4172- Special Appearance Page 2 of 4 ANALYSIS The Applicant seeks to close the access way and utilities easement which run through the Alley, release the covenant that currently prohibits the use of the Alley as a building site. Per the Applicant's proposed Partial Release, "/b]ecause the Covenant was executed before the Plat was recorded and as a condition to obtaining certain variances, there are certain covenants and restrictions contained in the Covenant that would be superseded by the covenants and restrictions contained in the Plat of Hissar." The Partial Release removes the building restriction on the Alley, and recognizes that the there are no other legal restrictions that could potentially prevent the Applicant from building on the Alley. The Partial Release is a request by the Applicant for confirmation that the designation of Public Access & Utility Easement over Lot 10 (as contained in the Covenant) is one and the same and thereby superseded by the one created in the Plat of Hissar. Therefore, once the City approves the vacation and closure of the public rights created in the Plat of Hissar, with respect to the Alley, such approval shall be deemed a simultaneous approval of the City's release of the Public Access & Utility Easement contained in the Covenant with respect to the Alley, as described in this Analysis. The Partial Release lists the owners of Lots 1-5 as signatories, which allows them to formally consent to the terms of the Partial Release. The Partial Release of Covenant, Easement, Agreement and Supplemental Covenant removes the restrictions which prevent the Applicant from making the desired improvements to the site. As proposed, this request allows for the improvement and development of the property, while maintaining the individual rights of property owners that are affected by the release, in that all sites will continue to be accessible even if the site is developed. The Department has not reviewed a development proposal related to the requested Partial Release of Covenant, Easement, Agreement and Supplemental Covenant. RECOMMENDATION The Planning Department recommends approval of the Applicant's request for a Partial Release of Covenant, Easement, Agreement and Supplemental Covenant. The Partial Release will allow improvements on the portion of land that may not currently be used as a building site. aalit Jac•er "Jr e s Chief of Land Development Item #4172- Special Appearance Page 3 of 4 ATTACHMENT NO. 1 SKETCH TO VACATE PRIVATE ACCESS WAY AND UTILITY EASEMENT A PORTION OF LOT 10, BLOCK 1 (PRIVATE. ROAD) P. Qa '" 4'r'A• 4/0Sr AC !th*(S,(P r .....,. - . a NoRnoraSitr4 r f 5,774170 cOr S. x Xi( v 3A "4AR r rye 53, Pt; 1; a �3` tr ? you • o�¢ be*,`'�`' 4Pr1D incierl P PLAT 8004 to PC PACE �C,r 1 SCALE. 1-=5O' PRJ'he r 4 'C(SS AA! 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A ".A O Sunlit r ' starer t Ot S+s Tt(S) O CCQ AO. 20814J FORM •;PI 01 t.u1li. _ MD 4775 ::I+lat Lw 04...•r i pwq K:i Utley I'4 Mew ! rtl IttAirliteiro N1447g311' ,'+l NA ▪ 0.9-87) DATE. 0: "ZJ- to r .4 NA Item #4172- Special Appearance Page 4 of 4 Legend MIAMI 21 File ID: 4172 PARTIAL RELEASE OF COVENANT SUBJECT EASEMENT SUBJECT PROPERTY SUBJECT EASEMENT N ADDRESS: 3977 SOUTHWEST 37 AVENUE, THAT PORTION WHICH LEADS UP TO 3995 SW 37 AVENUE AND 3985 SW 37 AVENUE 0 160 320 640 Feet MIAMI 21 File ID: 4172 PARTIAL RELEASE OF COVENANT ADDRESS: 3977 SOUTHWEST 37 AVENUE, THAT PORTION WHICH LEADS UP TO 3995 SW 37 AVENUE AND 3985 SW 37 AVENUE 0 160 320 640 Feet