HomeMy WebLinkAboutPZAB (2990) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-17-089
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 2990
Final Action Date: 11/15/2017
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD, WITH
ATTACHMENT(S), RECOMMENDING CLOSING, VACATING, ABANDONING, AND
DISCONTINUING FOR PUBLIC USE A PORTION OF A PUBLIC STREET
GENERALLY KNOWN AS AT THE SOUTHEAST CORNER OF NORTHWEST 10
AVENUE AND SPRING GARDEN ROAD, AND A PORTION OF AN EASEMENT
LOCATED WITHIN NORTHWEST 10 AVENUE, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, 1000 Spring Garden, LLC. (Applicant') requests the vacation, closure, and
discontinuing the use of a public street and a portion of an easement vacation and closure for a
portion of a public street generally known as the southeast corner of Northwest 10 Avenue and
Spring Garden Road, as more particularly described in Exhibit "A"; and
WHEREAS, the Applicant's letter of intent indicates that the vacation and closure of the
right-of-way and easement is in order to consolidate the area into the abutting properties to
accommodate additional parking for the two (2) multi -family buildings that both currently provide
limited parking areas; and
WHEREAS, the street closure and easement vacation will occur by the replatting of the
abutting assemblage of contiguous properties consisting of approximately 0.71 acres, or 30,921
square feet, through the Spring Garden Estates Tentative Plat #1896-A; and
WHEREAS, the Plat and Street Committee at its meeting on May 4, 2017, reviewed the
street and easement closure application and determined that all technical requirements have
been met and by a vote of five to zero (5 - 0), recommended approval of the vacation and
closure as set forth; 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 service; and
WHEREAS, any easement being vacated which still serves a purpose will be replaced
with an easement by instrument; and
WHEREAS, the portion of the easement to be vacated is not used for pedestrian or
vehicular circulation and is merely for Water and Sewer Department use; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
substantial evidence in the record to recommend approval of the closure, vacating, abandoning,
City of Miami Page 1 of 3 File ID: 2990 (Revision: A) Printed On: 12/7/2017
and discontinuing for public use a portion of the public street and easements 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
approval that a portion of the public street and easement as described herein be closed,
vacated, abandoned, and discontinued for public use to the City Commission.
Section 3. The PZAB recommends that if the City Commission approves the
closure, vacating, abandoning, and discontinuing for public use a portion of the public street and
easement as described herein, the approval should comply with the following conditions:
1. The Applicant, owner, or its successor must meet all applicable development standards
identified in Ordinance No. 13114, as amended, the Zoning Ordinance of the City of
Miami, Florida, and all other applicable local, county, state, and federal regulations;
2. The Applicant, owner, or its successor shall provide an access plan for review and
acceptance by the City of Miami's ("City") Fire -Rescue, Police, and Solid Waste
Departments and Office of Transportation;
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 ("City Code");
4. A Certificate of Occupancy or Certificate of Use, including a Temporary Certificate of
Occupancy or Temporary Certificate of Use, shall only be issued after all the required
subdivision improvements have been completed;
5. The Applicant, owner, or its successor must comply with the conditions of approval
stated for the Spring Garden Estates Tentative Plat #1896-A, in a letter dated June 29,
2017 from the Department of Public Works; and
6. Prior to the approval of the Spring Garden Estates Tentative Plat #1896-A, the Applicant
shall have any easement that requires replacement executed by instrument in
compliance with City Code, Miami -Dade regulations, and the City's Subdivision
Regulations, as applicable.
7. The approval should be valid for a period of four (4) years and remain independent of
the referenced tentative plat during this period.
Section 4.
This Resolution shall become effective immediately upon its adoption.
Fran • sco rcia, Director
Dep. meat ®f Planning
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Execu ion
21n
City of Miami
Page 2 of 3 File ID: 2990 (Revision: A) Printed On: 12/712017
Personally appeared before me, the undersigned authority:0\AD, ZG. i YtofPClerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed -the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS 11 bAY OF '[ 'ry0--er 201
�.1 v tG c`X.)(-2.01
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
i
otary ubf State of Florida
My Commission Expires:
♦r
;P. SILVIAGONZALEZ
•$ MY COMMISSJON # GG 0515431
pF a EXPIRES: November 30, 2020
,. Bonded Thru Notary Public Underwriters
City of Miami Page 3 of 3 File ID: 2990 (Revision: A) Printed On: 1217/2017