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HomeMy WebLinkAboutPZAB (6272) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-19-039 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 6272 Final Action Date: 9/4/2019 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD ("PZAB" OR "BOARD"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE MIAMI CITY COMMISSION OF THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE OF A PORTION OF A RIGHT-OF-WAY, GENERALLY LOCATED ON THE SOUTHERN PORTION OF THE PROPERTY AT 1095 NORTHEAST 83RD STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AS LISTED IN SECTION 55-15 (C), OF THE MIAMI CITY CODE OF ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sunshine Land Development LLC ("Applicant") has applied for the closure, vacation, abandonment, and discontinued public use of a portion of existing right-of-way that is approximately 2,679 square feet (0.062 acre), is located on the northside of Northeast 83rd Street, and abuts a southern portion of 1095 Northeast 83rd Street, as more particularly described in Exhibit "A" ("Right -of -Way"); and WHEREAS, the subject Right -of -Way lies within the limits of the approved Ademar Bayside Estates Tentative Plat (Tentative Plat No. 1925-A); and WHEREAS, the Department of Resilience and Public Works ("Public Works") and the Plat and Street Committee ("PSC") 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, the PSC, at its meeting held on September 6, 2018, reviewed the application and determined it complied with the required findings for a closure and that all technical requirements have been met; and WHEREAS, the members of the PSC considered the request for the closure, vacation, abandonment, and discontinuation from public use of the Right -of -Way with respect to Miami City Code requirements and recommended approval with conditions of such vacation and closure, by a vote of six to zero (6 - 0); and WHEREAS, the PZAB after due notice and an opportunity to be heard has been afforded to all parties and members of the public, finds that there is substantial evidence in the record to recommend approval with conditions of the closure, vacation, abandonment, and discontinued public use of the subject Right -of -Way 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: City of Miami Page 1 of 3 File ID: 6272 (Revision:) Printed On: 9/17/2019 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 PZAB recommends to the Miami City Commission approval with conditions of the closure, vacation, abandonment, and discontinued public use of a Right -of - Way from public for public use to the City Commission. Section 3. The PZAB recommends that if the City Commission approves the closure, vacation, abandonment, and discontinued use of the Right -of -Way from public, the approval must comply with the following conditions: 1. 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 the City of Miami Code Section 55-1 0(i). 2. A Certificate of Occupancy or Certificate of Use shall only be issued after all the required subdivision improvements have been completed. 3. The Applicant or their successor shall comply with the conditions of approval stated for the Ademar Bayside Estates Tentative Plat (Tentative Plat No. 1925-A), in a letter dated October 1, 2018 from the Department of Resilience and Public Works. 4. The Applicant, owner, or their successor must comply with all applicable development standards identified in the Miami 21 Code and all applicable local, County, State, and Federal regulations. 5. Applicant shall comply with Section 55-8 of the City Code specifically regarding repayment of any funds expended by the City for improvements on the Right -of -Way to be closed. Such funds expended by the City shall be repaid to the City by the Applicant before recordation of the final plat in accordance with Section 55-8 of the City Code. Section 4. 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. ection 5. This Resolution shall become effective immediately upon its adoption. isco Garcia, Director artment of Planning c/i I-7 i Execution Date STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority,e0C0 Let- , Clerk 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 I DAY OF Se f'nl0e(2019. S%\v►a CJOfl t€ Print Notary Name lic State of Florida City of Miami Page 2 of 3 File ID: 6272 (Revision:) Printed On: 9/17/2019 Personally know or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath upr SILVIA GONZALEZ ,�� MY COMMISSION # GG 051561 ; mill ^`P EXPIRES: November 30, 2020 of fge,.•Bonded Thru Notary PubIlc Underwriters City of Miami Page 3 of 3 File ID: 6272 (Revision:) Printed On: 9/17/2019 PUBLIC '/. EXHIBIT A THE PROPERTY ot NOTICE • n++nm rune vole w.x n.wo me cq a wn. PZ-19-1898 07/30/19 0 Lot 31, less the West 60 feet thereof and all of Lot 32, of ADEMAR PARK AMENDED, acco the Plat thereof, as recorded in Plat Book 7, Page 57, of the Public Records of Miami -Dade County, Florida. ;R lEW C°' r RASCO KLOCK PEREZ NIETO 2555 PONCE DE LEON BLVO.. SUITE BOO, CORAL GABLES, FLORIDA 33134