HomeMy WebLinkAboutR-18-0424City of Miami
Resolution R-18-0424
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3402 Final Action Date: 9/27/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
CLOSING, VACATING, AND DISCONTINUING FOR USE, PURSUANT TO
SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, A PORTION OF A PUBLIC STREET GENERALLY LOCATED AT
THE SOUTHWEST CORNER OF NORTHWEST 10 AVENUE AND SPRING
GARDEN ROAD AND TWO (2) PLATTED WATER MAIN EASEMENTS IN
PRIVATE PROPERTY WITHIN THE TENTATIVE PLAT OF SPRING GARDEN
ESTATES PLAT #1896-A, 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
discontinuance of the use of a public street generally located at the southwest corner of
Northwest 10 Avenue and Spring Garden Road and two (2) platted water main easements in
private property within Tentative Plat of Spring Garden Estates Plat #1896-A, as more
particularly described in Exhibit "A" ("Plat"); and
WHEREAS, the Applicant's letter of intent indicates that the vacation and closure of the
public right-of-way and easements are in order to consolidate the area into the abutting
properties to accommodate additional parking for two (2) multi -family buildings that both
currently provide limited parking areas; and
WHEREAS, the street closure and easements vacation will occur by the replatting of the
abutting assemblage of contiguous properties consisting of approximately 0.960 acres, or
41,828 square feet, through the Plat; and
WHEREAS, the Plat and Street Committee ("PSC"), at its meeting on May 4, 2017,
reviewed the street and easements 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 Resilience and Public Works and the 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 Planning, Zoning and Appeals Board ("PZAB") recommended approval
with conditions on November 15, 2017 by a vote of five to zero (5-0); 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 easements to be vacated are not used for pedestrian or
vehicular circulation and are merely for Water and Sewer Department use; and
City of Miami Page 1 of 3 File ID: 3402 (Revision: B) Printed On: 4/3/2025
File ID: 3402 Enactment Number: R-18-0424
WHEREAS, the Applicant has voluntarily proffered a Restrictive Covenant, attached and
incorporated as Exhibit "B," providing that the Applicant shall contribute one hundred thousand
dollars ($100,000.00) to the Miami 21 Public Benefits Trust Fund to be used for affordable
housing purposes within thirty (30) days of the effective date of the Resolution vacating the
right-of-way; 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, vacation, and
discontinuance 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 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 public street and
easements as described herein and in Exhibit "A", attached and incorporated, to be closed,
vacated, and discontinued for use with the following conditions:
A. The Applicant, owner, or 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"), and all other applicable local, county, state, and
federal regulations;
B. The Applicant, owner, or successor shall provide an access plan for review and
acceptance by the City of Miami's ("City") Fire -Rescue, Police, Solid Waste, and Capital
Improvements Projects Departments;
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 ("City Code");
D. 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;
E. The Applicant, owner, or successor must comply with the conditions of approval stated
for the Plat in the letter dated June 29, 2017 from the Department of Resilience and
Public Works;
F. Prior to the approval of the Plat, the Applicant shall have any easement that requires
replacement executed by instrument in compliance with the City Code, Miami -Dade
County regulations, and the City's Subdivision Regulations, all as applicable; and
G. The approval shall be valid for a period of four (4) years and remain independent of the
referenced Plat during this period. The approved final plat must be recorded within the
four (4) year 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.
City of Miami Page 2 of 3 File ID: 3402 (Revision: B) Printed on: 4/3/2025
File ID: 3402 Enactment Number: R-18-0424
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey ) 1/8/2019
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: 3402 (Revision: B) Printed on: 4/3/2025