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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation Resolution: R-18-0425 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4029 Final Action Date: 912712018 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 I1 EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; . 7' CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. -„i -r. WHEREAS, Sandpiper Villas Co-op. Apts., Inc. ("Applicant") submitted an applicatiok,forra 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. 1872-8 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 City of Miami Page 1 of 3 File ID: 4029 (Revision: e) Printed On: 3/12/2019 4029 - Legislation -SUB File ID: 4029 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-18-0425 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. a 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 sbject Street and Median Area proposed to be closed to a surface parking lot. C- , Section 4. As part of the approval, the City Commission hereby imposes the follovirtng conditions: t. .- n t 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 "6," 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. City of Miami Page 2 of 3 File ID:: 4029 (Revision: B) Printed on: 3/12/2019 File ID: 4029 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-18-0425 Section 6. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: cdzi s-- a-: 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 11): 4029 (Revision: B) Printed on: 3/1212019 SUBSTITUTED City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co File Number: 4029 Final Actio Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT APPROVING THE CLOSING, VACATING, ABANDONING, AND DISCONT FOR PUBLIC USE A PORTION OF A STREET OF APPROXIMATELY 0 (OR APPROXIMATELY 8,067 SQUARE FEET) AND MEDIAN AREA 0 APPROXIMATELY 0.044 ACRES (OR APPROXIMATELY 1,939 SQ WITHIN THE LIMITS OF APPROVED SANDPIPER VILLAS TENT 1872-B, LOCATED BETWEEN SOUTH VENETIAN DRIVE AND THE WEST SIDE OF SOUTH VENETIAN COURT, ON BISCAY FLORIDA, PURSUANT TO SECTION 55-15 OF THE CODE FLORIDA, AS AMENDED, AS MORE PARTICULARLY DE MAKING FINDINGS; CONTAINING A SEVERABILITY C FOR AN EFFECTIVE DATE. UING 5 ACRES RE FEET) IVE PLAT, NO. SCAYNE BAY, ON E ISLAND, MIAMI, THE CITY OF MIAMI, RIBED IN EXHIBIT "A"; USE; AND PROVID11 WHEREAS, Sandpiper Villas Co-op. Apts., Inc. ('+pplicant") submitted an appajpatiowc.fjpr vacation and closure of a portion of a street of approxi r .tely 0.185 acres (or approximately 8,067 square feet) and median area of approximately 1.044 acres (or approximately 1,94 ,, square feet) within the limits of approved Sandpipe illas Tentative Plat, No. 1872-B, forted between South Venetian Drive and Biscayne Bay on the west side of South Venetian Court, one Biscayne Island, Miami, Florida ("Street and M-•ian Area"); and WHEREAS, pursuant to Section 55- 5 of the Code of the City of Miami, Florida, as amended ("City Code"), the Department • Resilience and Public Works ("Public Works") and the Plat and Street Committee ("PSC") -viewed the subject application and determined that approval of the application will not aff- ct pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the PSC at s meeting on March 16, 2016, reviewed the application and determined that all technical r quirements have been met and, by a vote of five to zero (5-0), recommended approval, wi conditions, for the vacation and closure as set forth; and WHEREAS, the "Tanning, Zoning and Appeals Board ("PZAB") at its meeting on March 26, 2018, following a 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 osure; and WHE AS, based on the testimony and evidence presented, after due notice and an opportunity . be heard was afforded to all parties and members of the public, there is substantievidence in the record to close, vacate, abandon, and discontinue for public use the portion . the Street and Median Area, as described herein, and the City Commission hereby deem- it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF IAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are SUBSTITUTED 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. As part of the approval, the City Commission hereby imposes the foliowin conditions: A. The Applicant, owner, or successor must meet all applicable development andards identified in Ordinance No. 13144, the Zoning Ordinance of the City of M'-mi, Florida, as amended ("Miami 21 Code"), and all applicable local, count , state, and federal regulations. B. A building permit, including, but not limited to, phased permits wi not be issued on the property being platted until the final plat is recorded or as horized by Section 55-1 O(i) of the City Code. C. A Certificate of Occupancy, Temporary Certificate of Oc panty, Certificate of Use, or Temporary Certificate of Use shall only be issued of -r all the required subdivision improvements have been completed. D. The Applicant, owner, or successor shall comply ith the conditions of approval stated for the Sandpiper Villas Plat, No. 1872 pursuant to the August 14, 21X17 letter issued by Public Works. E. The Applicant, owner, or successor shal . pply for a Waiver permit to convert tge. closed, vacated, abandoned, and disctinued portion of the Street and I ediar-Area into surface parking use only. Section 4. The approval with conditns for the closure, vacation, abandonment; end discontinuance for public use the portion the Street and Median Area shall be valid fore period of four (4) years. Section 5. This Resolution all become effective immediately upon its adoption.' APPROVED AS TO FORM A ' CORRECTNESS: 5/15/2018 `ndez, ity ttor 1 If the Mayor does not sign this Resolution, it shall became 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 became effective immediately upon override of the veto by the City Commission.