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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. IttIII 0 H City of Miami Legislation Resolution: R-21-0181 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8361 Final Action Date: 4/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, WITH CONDITIONS, THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE A PORTION OF SOUTHWEST 36 COURT, A TEN FOOT (10') PLATTED PRIVATE ALLEY, AND A TEN FOOT (10') UTILITY EASEMENT GENERALLY LOCATED WITHIN THE ROADWAY BOUNDARIES OF SOUTHWEST 7 STREET TO THE NORTH, SOUTHWEST 36 AVENUE TO THE EAST, SOUTHWEST 8 STREET TO THE SOUTH, AND SOUTHWEST 37 AVENUE TO THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Eight Street Properties, LLC, Tamiami Properties, Inc., and Cova Re Holdings, LLC (collectively, "Applicant") submitted an application for the closure and vacation of a portion of Southwest 36 Court ("Right -of -Way"), a ten foot (10') utility easement ("Easement"), and a ten foot (10') public alley ("Alley") generally located within the roadway boundaries of Southwest 7 Street to the north, Southwest 36 Avenue to the east, Southwest 8 Street to the south, and Southwest 37 Avenue to the west, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated ("Vacation and Closure"); and WHEREAS, the proposed Vacation and Closure lies within the limits of the approved Versailles West Paseo — Tentative Plat #1940-A ("T-Plat"); and WHEREAS, the Right -of -Way is approximately 13,766 square feet, or 0.316 acre, of Southwest 36 Court between Southwest 7 Street and Southwest 8 Street; and WHEREAS, the Easement is approximately 816 square feet, or 0.019 acre, gntjie western portion of the T-Plat; and _ x WHEREAS, the Alley is approximately 2,851 square feet, or 0.065 acre, locked Q' between Southwest 36 Avenue and Southwest 36 Court; and= �n WHEREAS, the total acreage of the proposed Vacation and Closure is approzirnatii 17,433 square feet, or 0.4 acre; and WHEREAS, the proposed Vacation and Closure are located within the T6-8-O, "Urban Core Transect Zone — Open"; and WHEREAS, the Department of Resilience and Public Works ("Public Works") and the Plat and Street Committee ("PSC") reviewed the proposed Vacation and Closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and City of Miami Page 1 of 4 File ID: 8361 (Revision: A) Printed On: 5/6/2021 8361 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 8361 Enactment Number: R-21-0181 WHEREAS, the PSC, at its meeting on March 14, 2019, reviewed the proposed Vacation and Closure application and determined that all technical requirements were met and, by a vote of five to zero (5-0), recommended approval of the Vacation and Closure; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on December 2, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20- 045 by a vote of nine to zero (9-0), Item No. PZAB.2, recommending approval with conditions of the application for the Vacation and Closure; and WHEREAS, the existing Easement located within TRACT "A"' of the T-Plat that is to be closed and vacated must be relocated or a new easement must be provided by the Applicant; and WHEREAS, existing utilities located within the above -referenced portion of the T-Plat proposed to be closed and vacated by the Applicant must be relocated or new easements provided; and WHEREAS, the purpose of the Vacation and Closure is to unify the property for redevelopment purposes; and WHEREAS, the Vacation and Closure may contribute to the generation of new and additional ad valorem taxes to the City of Miami ("City") and necessary services to City residents; and WHEREAS, the Easement and Alley are not currently being used by the public; and WHEREAS, the Final Plat will dedicate a twenty-five foot (25') vertical clear height, twenty-seven foot (27') wide horizontal, three-dimensional public ingress/egress easement within the area of Southwest 36 Court; and CZ) WHEREAS, there is suitable emergency and public service vehicle access still #rein provided along Southeast 36 Court; and WHEAREAS, there will be no adverse effects to police, fire, or emergency sdrVices;cnd WHEREAS, vehicular circulation will be improved by designating drop-off locgtionsfar tourist buses; and Po- C.) WHEREAS, pursuant to Section 55-15 of the Code of the City of Miami, Florid; asp" amended ("City Code"), any funds expended by the City, including expenditure of restricted funds (bond funds, grant funds, or otherwise) for such improvements on the proposed Vacation and Closure shall be repaid by the Applicant before recordation of the Final Plat; and WHEREAS, pursuant to Section 55-15 of the City Code, the Vacation and Closure would revert to the abutting property owner(s); and WHEREAS, the City Commission finds that it is in the public interest of the City to approve, with conditions, the Vacation and Closure; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 4 File ID: 8361 (Revision: A) Printed on: 5/6/2021 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 8361 enactment Number: R-21-0181 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, with conditions, the Vacation and Closure, as more particularly described herein and in Exhibit "A", attached and incorporated. Section 3. The City Commission approves the Vacation and Closure with the following conditions: 1) The Applicant and their successors shall comply with the conditions of approval stated in the Application for Vacation and Closure, specifically in the letter dated June 10, 2019 issued by the PSC via Public Works. 2) The Applicant will demarcate and annotate with a callout on their finalized, approved T-Plat language for an "access easement" for the proposed vacation and closure of a portion of Southwest 36 Court (Right -of -Way) that it will promote the beneficial effect on pedestrian and vehicular circulation in the area without any temporary or permanent encumbrances unless approved by the City. 3) Pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), specifically Article 5, Section 5.6.1.i, titled "Building Disposition (T6):", if the Frontage Line of a site is at any point more than three hundred forty feet (340') feet from a Thoroughfare intersection, the Building shall provide a cross -Block Pedestrian Passage. The Applicant shall fulfill this requirement by providing a three-dimensional public ingress and egress easement, which will be dedicated by the T-Plat. To ensure unfettereddeggian circulation, there will be no temporary or permanent horizontal or vertical ^' obstructions unless formally authorized by Public Works. c ;:`-' 4) The property abuts a portion of Calle Ocho (Eighth Street) right-of-way'betwo p Brickell Avenue and the Palmetto Expressway in Miami -Dade County,. -Florida, which has been designated as a state historic highway pursuant to House Bil 1104 (Chapter 86-308). This would prohibit the use of state funds for certain N actions, such as the removal of trees. The measure requires the approv I of e Division of Archives, History, and Records Management of the Department o State before any alteration may be made on Eighth Street. Further, before any such alterations may be made, a public hearing must be held after notification of all affected parties. Certain restrictions are also placed on the erection of signs along Eighth Street; however, these restrictions do not supersede more stringent local sign ordinance(s). 5) Prior to the building construction phase, the Applicant shall coordinate, in writing, with both the City's Building Department and the Florida Department of State's Division of Library and Information Services for guidance on any proposed modifications to the abovementioned state designated historic highway. 6) Pursuant to Chapter 55 of the City Code, the Applicant shall provide a written request to both the City's Office of Capital Improvements and Public Works to obtain a Confirmation. If the Confirmation indicates that funds were expended, the City's Finance Department and Office of Management and Budget will determine the amount of the City's expenditure, specifically including the City of Miami Page 3 of 4 File ID: 8361 (Revision: A) Printed on: 5/6/2021 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 8361 Enactment Number: R-21-0181 expenditure of restricted funds (bond funds, grant funds, or otherwise) for such improvements as a separate line item. The City Manager or designee will issue a Total Expenditure, which shall specify the amount that the Applicant must repay to the City before recordation of the Final Plat ("Total Expenditure"). Said Confirmation and, if applicable, Total Expenditure must be obtained prior to the scheduling of a public hearing regarding the Vacation and Closure before the City Commission or before the PZAB for the Alternative Method under Section 55-15(i) and (j) of the City Code. Payment to the City of the amount indicated on the Total Expenditure shall be paid to the City before recordation of the Final Plat in accordance with Section 55-8 of the City Code. Section 4. The City Commission approves the Vacation and Closure as described herein. The approval is valid for a period of four (4) years and shall remain independent of the T-Plat during this period. The approved Final Plat should be recorded within the four (4) year approval period of the requested Vacation and Closure. Any revised tentative plat submitted for review subsequent to the approved Vacation and Closure should be compatible with the approved Vacation and Closure as determined by the PSC. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 3/25/2021 1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File ID: 8361 (Revision: A) Printed on: 5/6/2021 between Southwest City of Miami Legislation Resolution City Hall 3500 Pan American D Miami, FL 3313 www.miamigov om File Number: 8361 Final Ac A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHM APPROVING, WITH CONDITIONS, THE CLOSURE, VACATION, ABAN AND DISCONTINUANCE FOR PUBLIC USE A PORTION OF SOUTH COURT, A TEN FOOT (10') PLATTED PRIVATE ALLEY, AND A TE UTILITY EASEMENT GENERALLY LOCATED WITHIN THE ROA BOUNDARIES OF SOUTHWEST 7 STREET TO THE NORTH, S AVENUE TO THE EAST, SOUTHWEST 8 STREET TO THE S SOUTHWEST 37 AVENUE TO THE WEST, MIAMI, FLORID PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHE PURSUANT TO SECTION 55-15 OF THE CODE OF TH AS AMENDED; MAKING FINDINGS; CONTAINING A PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Eight Street Properties, LLC, Tami Holdings, LLC (collectively, "Applicant") submitted a a portion of Southwest 36 Court ("Right -of -Way"), and a ten foot (10') public alley ("Alley") generally Southwest 7 Street to the north, Southwest 36 south, and Southwest 37 Avenue to the west Exhibit "A," attached and incorporated ("Va on Date: (S), ONMENT, EST 36 FOOT (10') AY UTHWEST 36 TH, AND AS MORE AND INCORPORATED, ITY OF MIAMI, FLORIDA, VERABILITY CLAUSE; AND E i Properties, Inc., and Cova Re pplication for the closure and vacation of en foot (10') utility easement ("Easement"), ocated within the roadway boundaries of enue to the east, Southwest 8 Street to the Tami, Florida, as more particularly described in tion and Closure"); and WHEREAS, the proposed Vaca '.n and Closure lies within the limits of the approved Versailles West Paseo —Tentative PI- #1940-A ("T-Plat"); and C.J N WHEREAS, the Right -of- .y is approximately 13,766 square feet, or 0.316 aere,_of Southwest 36 Court between S. thwest 7 Street and Southwest 8 Street; and WHEREAS, the Eas ent is approximately 816 square feet, or 0.019 acre,:on the'' western portion of the T-P . t; and WHEREAS, th Alley is approximately 2,851 square feet, or 0.065 acre, located Avenue and Southwest 36 Court; and :;? ("' WHERE the total acreage of the proposed Vacation and Closure is approximately 17,433 square eet, or 0.4 acre; and W ' REAS, the proposed Vacation and Closure are located within the T6-8-O, "Urban Core Tr. sect Zone — Open"; and WHEREAS, the Department of Resilience and Public Works ("Public Works") and the PI. and Street Committee ("PSC") reviewed the proposed Vacation and Closure and d ermined that it will not affect pedestrian or vehicular traffic circulation or access for public ervice; and 773 provided along Southeast 36 Court; an WHEREAS, the Final Plat will dedicate a twenty-seven foot (27') wide horizontal, three-d within the area of Southwest 36 Court; and WHEREAS, the PSC, at its meeting on March 14, 2019, reviewed the proposed Vacation and Closure application and determined that all technical requirements were met and, by a vote of five to zero (5-0), recommended approval of the Vacation and Closure; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on December 2, 2020, following an advertised public hearing, adopted Resolution No. PZAB "-20- 045 by a vote of nine to zero (9-0), Item No. PZAB.2, recommending approval with conions of the application for the Vacation and Closure; and WHEREAS, the existing Easement located within TRACT "A"' of the T-Pla at is to be closed and vacated must be relocated or a new easement must be provided by e Applicant; and WHEREAS, existing utilities located within the above -referenced p ion of the T-Plat proposed to be closed and vacated by the Applicant must be relocated .. new easements provided; and WHEREAS, the purpose of the Vacation and Closure is to ify the property for redevelopment purposes; and WHEREAS, the Vacation and Closure may contribut- o the generation of new and additional ad valorem taxes to the City of Miami ("City") annecessary services to City residents; and WHEREAS, the Easement and Alley are not 4rrently being used by the public; ar enty-five foot (25') vertical clearteigh ensional public ingress/egress easement: -: WHEREAS, there is suitable emergency and public service vehicle access~still bai`rg • r" WHEAREAS, there will be n► adverse effects to police, fire, or emergency srvices; and WHEREAS, vehicular cir ulation will be improved by designating drop-off locations for tourist buses; and WHEREAS, pursu, t to Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code"), y funds expended by the City, including expenditure of restricted funds (bond funds, grt funds, or otherwise) for such improvements on the proposed Vacation and Closure shall be epaid by the Applicant before recordation of the Final Plat; and WHERE A ., pursuant to Section 55-15 of the City Code, the Vacation and Closure would revert to the a. fitting property owner(s); and W ' REAS, the City Commission finds that it is in the public interest of the City to approve, - ith conditions, the Vacation and Closure; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MI I, 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, with conditions, the Vacation and Closure, as more particularly described herein and in Exhibit "A", attached and incorporated. Section 3. The City Commission approves the Vacation and Closure with the folio conditions: 1) The Applicant and their successors shall comply with the conditions o approval stated in the Application for Vacation and Closure, specifically in th- etter dated June 10, 2019 issued by the PSC via Public Works. 2) The Applicant will demarcate and annotate with a callout on t it finalized, approved T-Plat language for an "access easement" for the .roposed vacation and closure of a portion of Southwest 36 Court (Right -of- ay) that it will promote the beneficial effect on pedestrian and vehicular circula '.n in the area without any temporary or permanent encumbrances unless a.. roved by the City. 3) Pursuant to Ordinance No. 13114, the Zoning Or.' ance of the City of Miami, Florida, as amended ("Miami 21 Code"), specifi :Ily Article 5, Section 5.6.1.i, titled "Building Disposition (T6):", if the Fronta Line of a site is at any point more than three hundred forty feet (340') fe: from a Thoroughfare intersection, the Building shall provide a cross -Block P:.estrian Passage. The Applicant shall fulfill this requirement by providing a thr: -dimensional public ingress and egress easement, which will be dedicated by e T-Plat. To ensure unfettered pedestrian circulation, there will be no tempora / or permanent horizontal or vertical obstructions unless formally auth• zed by Public Works. 4) The property abuts a portion . Calle Ocho (Eighth Street) right-of-way between Brickell Avenue and the Palr etto Expressway in Miami -Dade County, Florida, which has been designate,. as a state historic highway pursuant to House Bill 1104 (Chapter 86-308). is would prohibit the use of state funds for certain actions, such as the r- oval of trees. The measure requires the approl oie Division of Archives istory, and Records Management of the DepartrxentZt State before any - eration may be made on Eighth Street. Further, t etore any such alterations ay be made, a public hearing must be held after natifica if on of all affected pa v ies. Certain restrictions are also placed on the erection of signs along Eight treet; however, these restrictions do not supersede rose str.ngent . local sign . dinance(s). r- 5) Prior t. the building construction phase, the Applicant shall coordinag, incwriting, with .oth the City's Building Department and the Florida Department 6f S`ta'te's Di sion of Library and Information Services for guidance on any proposed odifications to the abovementioned state designated historic highway. Pursuant to Chapter 55 of the City Code, the Applicant shall provide a written request to both the City's Office of Capital Improvements and Public Works to obtain a Confirmation. If the Confirmation indicates that funds were expended, the City's Finance Department and Office of Management and Budget will determine the amount of the City's expenditure, specifically including the expenditure of restricted funds (bond funds, grant funds, or otherwise) for such improvements as a separate Tine item. The City Manager or designee will issue a Total Expenditure, which shall specify the amount that the Applicant must repay to the City before recordation of the Final Plat ("Total Expenditure"). Said Confirmation and, if applicable, Total Expenditure must be obtained prior t the scheduling of a public hearing regarding the Vacation and Closure before e City Commission or before the PZAB for the Alternative Method under Secti 55-15(i) and (j) of the City Code. Payment to the City of the amount indic. d on the Total Expenditure shall be paid to the City before recordation of the . nal Plat in accordance with Section 55-8 of the City Code. Section 4. The City Commission approves the Vacation and Closure as d cribed herein. The approval is valid for a period of four (4) years and shall remain in. -pendent of the T-Plat during this period. The approved Final Plat should be recorded withi he four (4) year approval period of the requested Vacation and Closure. Any revised tent. ive plat submitted for review subsequent to the approved Vacation and Closure should be ' ompatible with the approved Vacation and Closure as determined by the PSC. Section 5. This Resolution shall become effective immediat: upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey 3/25/2021 c_) CD 77! r-- his Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) ays from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later.