HomeMy WebLinkAboutR-19-0431File Number: 6529
City of Miami
Legislation
Resolution: R-19-0431
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/24/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, WITH CONDITIONS, 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, AND AS LISTED IN SECTION 55-15(C) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sunshine Land Development LLC ("Applicant") has applied for the closure,
vacation, abandonment, and discontinuation from public use of a portion of existing right-of-way
that is approximately 2,679 square feet (0.062 acre) and is located on a southern portion of
1095 Northeast 83rd Street abutting the Northside of Northeast 83rd Street, as more particularly
described in Exhibit "A", attached and incorporated ("Right -of -Way"); and
WHEREAS, the Right -of -Way lies within the limits of the approved Ademar Bayside
Estates Tentative Plat (Tentative Plat No. 1925-A); and
WHEREAS, the Plat and Street Committee ("PSC'), at its meeting held on September 6,
2018, considered the request for the closure, vacation, abandonment, and discontinuation from
public use of the Right -of -Way with respect to the requirements of the Code of City of Miami,
Florida, as amended ("City Code"), and determined that it complied with the required findings for
a closure and that all technical requirements were met; and
WHEREAS, the PSC recommended approval with conditions of the Right -of -Way
closure by a vote of six to zero (6-0) during the its meeting held on September 6, 2018; and
WHEREAS, the Department of Resilience and Public Works ("Public Works") and the
PSC have reviewed the subject closure and determined that it will not affect pedestrian or
vehicular traffic circulation or access for public service; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
September 4, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-
039 by a vote of eight to zero (8-0), Item No. PZAB.3, recommending approval with conditions
of the closure, vacation, abandonment, and discontinuance of the Right -of -Way for public use;
and
WHEREAS, pursuant to Section 55-15 of the City Code, any funds expended by the
City, including expenditure of restricted funds (bond funds, grant funds, or otherwise) for such
improvements on a right-of-way proposed for closure shall be repaid by the Applicant before
recordation of the Final Plat; and
City of Miami Page 1 of 3 File ID: 6529 (Revision:) Printed On: 11/13/2019
File ID: 6529
Enactment Number: R-19-0431
WHEREAS, the City's Office of Capital Improvements and the Public Works issued
letters to the Applicant indicating that there were no capital projects on the Right -of -Way and
that the City had not expended any funds within the prior fifty (50) years and/or any restricted
funds on improvements of the Right -of -Way; and
WHEREAS, the City Commission, after due notice and an opportunity to be heard has
been afforded to all parties and members of the public, finds that there is competent substantial
evidence in the record to approve with conditions, the closure, vacation, abandonment, and
discontinuation of the Right -of -Way for public use and 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 Miami City Commission approves, with the following conditions, the
closure, vacation, abandonment, and discontinuance for public use of the Right -of -Way, as
more particularly described in Exhibit "A," attached and incorporated, subject to the acceptance
by the City Commission of the final plat of Ademar Bayside Estates Tentative Plat (Tentative
Plat No. 1925-A) and recordation thereof in the Public Records of Miami -Dade County, Florida:
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 Section 55-10(i) of the City
Code.
2. 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.
3. The Applicant or its 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 Public Works.
4. The Applicant, owner, or its successor must comply with all applicable development
standards identified in the Zoning Ordinance of the City of Miami, Florida, as amended,
and all applicable local, County, State, and Federal regulations.
Section 3. The approval with conditions for the closure, vacation, abandonment, and
discontinuance of the Right -of -Way for public use shall be valid for a period of four (4) years.
Section 4. This Resolution shall become effective immediately upon its adoption.'
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 2 of 3 File ID: 6529 (Revision:) Printed on: 11/13/2019
File ID: 6529
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ' ndez, Cify Attor iey 10/712019
Enactment Number: R-19-0431
City of Miami Page 3 of 3 File ID: 6529 (Revision:) Printed on: 1111312019