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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 4029 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION OF A STREET OF APPROXIMATELY 0.185 ACRES (OR APPROXIMATELY 8,067 SQUARE FEET) AND MEDIAN AREA OF APPROXIMATELY 0.044 ACRES (OR APPROXIMATELY 1,939 SQUARE FEET) WITHIN THE LIMITS OF THE APPROVED SANDPIPER VILLAS TENTATIVE PLAT, NO. 1872-B LOCATED BETWEEN SOUTH VENETIAN DRIVE AND BISCAYNE BAY ON THE WEST SIDE OF SOUTH VENETIAN COURT ON BISCAYNE ISLAND, MIAMI, FLORIDA PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately between South Venetian Drive and Biscayne Bay, on the West side of South Venetian Court on Biscayne Island [Commissioner Ken Russell - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of Sandpiper Villas Co-op. Inc. PURPOSE: This will close, vacate, abandon and discontinue for public use a portion of a Street and a Median/Park. FIN DING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLAT & STREET COMMITTEE: Recommended approval with conditions on March 16, 2016, by a voteof5-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications on March 26, 2018, by a vote of 8 — 0. City of Miami Legislation Resolution Enactment Number: R-18-0425 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4029 Final Action Date:9/27/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION OF A STREET OF APPROXIMATELY 0.185 ACRES (OR APPROXIMATELY 8,067 SQUARE FEET) AND MEDIAN AREA OF APPROXIMATELY 0.044 ACRES (OR APPROXIMATELY 1,939 SQUARE FEET) WITHIN THE LIMITS OF THE APPROVED SANDPIPER VILLAS TENTATIVE PLAT, NO. 1872-B LOCATED BETWEEN SOUTH VENETIAN DRIVE AND BISCAYNE BAY ON THE WEST SIDE OF SOUTH VENETIAN COURT ON BISCAYNE ISLAND, MIAMI, FLORIDA PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sandpiper Villas Co-op. Apts., Inc. ("Applicant") submitted an application for the vacation and closure of a portion of a street of approximately 0.185 acres (or approximately 8,067 square feet) and a portion of the median area of approximately 0.044 acres (or approximately 1,939 square feet) within the limits of the approved Sandpiper Villas Tentative Plat, No. 1872-B located between South Venetian Drive and Biscayne Bay on the west side of South Venetian Court on Biscayne Island, Miami, Florida ("Street and Median Area"); and WHEREAS, pursuant to Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code"), the Department of Resilience and Public Works ("Public Works") and the Plat and Street Committee ("PSC") have reviewed the subject application and determined that approval of the application will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the PSC at its meeting on March 16, 2016 reviewed the application and determined that all technical requirements have been met and, by a vote of five to zero (5-0), recommended approval, with conditions, for the vacation and closure as set forth herein; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on March 26, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-013 by a vote of eight to zero (8-0) for PZAB Item No. 1, recommending approval with modifications of the vacation and closure; and WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive Covenants ("Covenant") that limits the use of the subject property to a surface parking lot or other similar use for the benefit of the property owner, its successors, and assigns, as further depicted in Exhibit "B," attached and incorporated; 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 evidence in the record to close, vacate, abandon, and discontinue for public use the portion of the Street and Median Area, as described herein, and the City Commission hereby 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 the closure, vacation, abandonment, and discontinuance for public use the portion of the Street and Median Area, as more particularly described in Exhibit "A", attached and incorporated. Section 3. The City Commission approves the Covenant, which was voluntarily proffered by the Applicant and attached and incorporated as Exhibit "B," that limits the subject Street and Median Area proposed to be closed to a surface parking lot. Section 4. As part of the approval, the City Commission hereby imposes the following conditions: A. The Applicant, owner, or successor must meet all applicable development standards identified in Ordinance No. 13144, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all applicable local, county, state, and federal regulations. B. A building permit, including, but not limited to, 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 City Code. C. 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. D. The Applicant, owner, or successor shall comply with the conditions of approval stated for the Sandpiper Villas Plat, No. 1872-B pursuant to the August 14, 2017 letter issued by Public Works. E. Pursuant to the voluntarily proferred Covenant, attached and incorporated as Exhibit "B," the closed, vacated, abandoned, and discontinued portion of the Street and Median Area is limited to a surface parking use only. F. The Applicant, owner, or successor shall apply for a Waiver permit pursuant to the Miami 21 Code to convert the closed, vacated, abandoned, and discontinued portion of the Street and Median Area into surface parking use only. Section 5. The approval with conditions for the closure, vacation, abandonment, and discontinuance for public use the portion of the Street and Median Area shall be valid for a period of four (4) years. Section 6. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: ria • cfraliry Attar 3/12/2019 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.