HomeMy WebLinkAboutPZAB (6272) ResolutionON 01. City of Miami City Hall
3500 Pan American Drive
PZAB Resolution Miami, FL 33133
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Enactment Number: PZAB-R-19-039
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: 911712019
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.
5. This Resolution shall become effective immediately upon its adoption.
_/De
ra , Isco Garcia, Director
�� artment of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
C�/ 1-7 / I (.�
Execution Date
Personally appeared before me, the undersigned authority, f C%Ca Le --r— , 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 SePte( VDe( 2019.
S;\v►a Goo-zo"eZ
Print Notary Name tftetaU-Bikllic State of Florida
City of Miami Page 2 of 3 File ID: 6272 (Revision:) Printed On: 911712019
Personally know V or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
SILVIAGONZALEZ '
MY COMMISSION # GG 051561
EXPIRES: November 30, 2020
of F��.• Bonded Thru Notary Public Underwriters
City of Miami Page 3 of 3 File ID: 6272 (Revision:) Printed On: 9117/2019
EXHIBIT A
THE PROPERTY
NOTICE
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\ PZ -19-1898
07/30/19
Lot 31, less the West 60 feet thereof and all of Lot 32, of ADEMAR PARK AMENDED, acco7ff4ft
the Plat thereof, as recorded in Plat Book 7, Page 57, of the Public Records of Miami -Dade County,
Florida.
RASCO KLOCK REREZ NIETO
2555 PONCE OE LEON BLVO.. SUITE 600, CORAL GABLES, FLORIDA 33134