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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fLus
File Number: 04-01284 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT,
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE
THAT PORTION OF APPROXIMATELY NORTHEAST 1ST COURT FROM
NORTHEAST 31ST STREET TO 135 FEET SOUTH OF NORTHEAST 30TH
STREET, NORTHEAST 30TH STREET FROM NORTHEAST 1ST COURT TO
NORTHEAST 2ND AVENUE AND NORTHEAST 31ST STREET FROM
NORTHEAST 2ND AVENUE TO THE FLORIDA EAST COAST RAILWAY, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," SUBJECT TO THE FOLLOWING
CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) THE
PROPOSED SITE DEVELOPMENT SHALL INCLUDE A MINIMUM OF FIFTEEN
PERCENT OF OPEN SPACE AND 2) THE APPLICANT SHALL DEDICATE AN
EASEMENT MUTUALLY ACCEPTABLE TO THE APPLICANT AND THE CITY OF
MIAMI PLANNING AND ZONING DEPARTMENT TO ACCOMMODATE A
STREETCAR STOP AND PUBLIC ACCESS BETWEEN NORTHEAST 2ND
AVENUE AND THE FLORIDA EAST COAST CORRIDOR IN SUBSTANTIAL
CONFORMANCE WITH SECTION 55-1(c)(2) OF THE SUBDIVISION
REGULATIONS.
WHEREAS, the Miami Zoning Board at its meeting on November 8, 2004, Item No. 4, duly adopted
Resolution No. ZB 2004-0945 by a five to zero (5-0) vote, RECOMMENDING APPROVAL with
conditions of closing, vacating, abandoning, and discontinuing a portion of a public right-of-way as set
forth; and
WHEREAS, the Department of Public Works and the Plat and Street Committee have studied 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 Plat and Street Committee at its meeting of October 7, 2004, reviewed the subject
tentative plat and determined that all technical requirements have been met; and
WHEREAS, the City Commission, finds that it is in the best interest of the general welfare of the
City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way
as hereinafter described, 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. A portion of approximately Northeast lst Court from Northeast 31 st Street to 135 feet
south of Northeast 30th Street, Northeast 30th Street from Northeast 1st Court to Northeast 2nd
Avenue and Northeast 31st Street from Northeast 2nd Avenue to the Florida East Coast Railway,
City of Miami Page 1 of 2 Printed On: 11/22/2004
File Number: 04-01284
subject to the following conditions by the Planning and Zoning Department: 1) the proposed site
development shall include a minimum of fifteen percent of open space and 2) the applicant shall
dedicate an easement mutually acceptable to the applicant and the City of Miami Planning and Zoning
Department to accommodate a streetcar stop and public access between Northeast 2nd Avenue and
the Florida East Coast Corridor in substantial conformance with Section 55-1(c)(2) of the subdivision
regulations, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued
for public use.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:)
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.
City of Miami Page 2 of 2 Printed On; 11/22/2004