HomeMy WebLinkAboutR-18-0425City of Miami
Resolution R-18-0425
Legislation
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
City of Miami Page 1 of 3 File ID: 4029 (Revision: B) Printed On: 4/3/2025
File ID: 4029 Enactment Number: R-18-0425
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.
City of Miami Page 2 of 3 File ID: 4029 (Revision: B) Printed on: 4/3/2025
File ID: 4029
Enactment Number: R-18-0425
Section 6. This Resolution shall become effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
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: 4029 (Revision: B) Printed on: 4/3/2025