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HomeMy WebLinkAboutR-04-0801City of Miami Legislation Resolution: R-04-0801 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01284 Final Action Date: 12/9/2004 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 31 ST STREET TO 135 FEET SOUTH OF NORTHEAST 30TH STREET, NORTHEAST 30TH STREET FROM NORTHEAST 1ST COURT TO NORTHEAST 2ND AVENUE AND NORTHEAST 31 ST 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 1st Court from Northeast 31 st Street to 135 feet south of Northeast 30th Street, Northeast 30th Street from Northeast 1st Court to Northeast 2nd City of Miami Page 1 of 2 File Id: 04-01284 (Version: 1) Printed On: 10/20/2016 File Number: 04-01284 Enactment Number: R-04-0801 Avenue and Northeast 31st Street from Northeast 2nd Avenue to the Florida East Coast Railway, 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 } 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 File Id: 04-01284 (Version: 1) Printed On: 10/20/2016