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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-18-0225 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION OF A PUBLIC SERVICE EASEMENT OF APPROXIMATELY 0. 11 ACRES (OR APPROXIMATELY 5,082 SQUARE FEET) OF LAND WITHIN THE LIMITS OF APPROVED TRITON CENTER TENTATIVE PLAT, NO. 1817, LOCATED BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 5TH AVENUE AND BETWEEN NORTHEAST 78TH STREET AND NORTHEAST 79TH STREET, MIAMI, FLORIDA, PURSUANT TO SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately between Biscayne Blvd. and NE 5 Av and between NE 78 St and NE 79 St [Commissioner Keon Hardemon - District 5] APPLICANT(S): Iris Escarra, Esquire, on behalf of Florida Fullview Immigration Building, LLC. PURPOSE: This will close, vacate, abandon, and discontinue for public use a portion of a public service Easement. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLAT & STREET COMMITTEE: Recommended approval with conditions on October 5, 2017, by a vote of 5 — 0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions on March 21, 2018, by a vote of 10 — 0. File Number: 3995 City of Miami Legislation Resolution Enactment Number: R-18-0225 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:5/24/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION OF A PUBLIC SERVICE EASEMENT OF APPROXIMATELY 0. 11 ACRES (OR APPROXIMATELY 5,082 SQUARE FEET) OF LAND WITHIN THE LIMITS OF APPROVED TRITON CENTER TENTATIVE PLAT, NO. 1817, LOCATED BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 5TH AVENUE AND BETWEEN NORTHEAST 78TH STREET AND NORTHEAST 79TH STREET, MIAMI, FLORIDA, PURSUANT TO SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant submitted an application for vacation and closure of a portion of a public service easement of approximately 0.11 acres (or approximately 5,082 square feet) of land within the limits of approved Triton Center Tentative Plat, No. 1817, located between Biscayne Boulevard and Northeast 51h Avenue and between Northeast 78th Street and Northeast 791h Street, Miami, Florida ("Easement"); and WHEREAS, the Easement is divided into two (2) distinct sections; and WHEREAS, the first section of the Easement is approximately ten (10) feet in width by approximately 400.21 feet in length and is proposed to be closed from Northeast 51h Avenue to Biscayne Boulevard where it intersects with the north/south Easement section; and WHEREAS, the second section of the Easement is approximately five (5) feet in width by approximately 215.92 feet in length and is proposed to be closed between Northeast 79th Street and Northeast 78th Street; and WHEREAS, pursuant to Section 55-15(c) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Department of Public Works ("Public Works") and the Plat and Street Committee ("PSC') reviewed the subject application and determined that the vacation and closure will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the PSC at its meeting on October 5, 2017, reviewed the Easement closure 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, closure, abandonment, and discontinuance as set forth herein; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on March 21, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-012 by a vote of ten to zero (10-0), recommending approval of PZAB Item No. 2, with conditions, for the vacation, closure, abandonment, and discontinuance as set forth herein; and WHEREAS, based on the testimony and evidence presented, after due notice, and after affording an opportunity to be heard to all parties and members of the public, there is substantial competent evidence in the record to approve the closing, vacating, abandoning, and discontinuing for public use the Easement, as described herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 of the Easement, as more particularly described in Exhibit "A," attached and incorporated Section 3. This approval is subject to the following conditions: 1. The applicant, owner, or their successor must meet all applicable development standards identified in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), as well as all other applicable local, county, state, and federal regulations. 2. 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 Section 55-10(i) of the City Code. 3. 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. 4. The applicant, owner, or their successor shall comply with the conditions of approval stated for the Triton Center Tentative Plat, No. 1817, per the June 29, 2017 letter issued by Public Works. 5. The approval shall be valid for a period of four (4) years. Section 4. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: &ina City Attor ey 5/14/2018 ' 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.