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HomeMy WebLinkAboutR-06-0057City of Miami Legislation Resolution: R-06-0057 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-01049a Final Action Date: 1/26/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE OF AN ALLEY LOCATED EAST OF NORTHEAST 2ND AVENUE BETWEEN NORTHEAST 78TH STREET AND NORTHEAST 79TH STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." WHEREAS, the Miami Zoning Board at its meeting on December 12, 2005, Item No. 7, duly adopted Resolution No. ZB 2005-1094 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL with a condition of closing, vacating, abandoning, and discontinuing an alley 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 has 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 alley 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. After reviewing the record below and having heard argument of counsel, and being otherwise duly advised in the premise, it is found that: (a) The vacation and closure is in the public interest; and (b) Neither the general public nor public service vehiclels, such as trash, garbage, police, fire and other emergency vehicles, use the alley; and (c) There is ample access into the area for police, fire, emergency vehicles, and trash collection. Section 3. Therefore, the alley located East of Northeast 2nd Avenue between Northeast 78th Street and Northeast 79th Street, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use subject to the following condition: (a) The approval is subject to applicant submitting final plans, for review and City of Miami Page 1 of 2 File Id: 05-01049a (Version: 1) Printed On: 12/21/2016 File Number: 05-01049a Enactment Number: R-06-0057 approval by the Planning Director, which incorporates all recommendations noted in the Pre -Application Design Review Committee comments. Section 4. 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: 05-01049a (Version: 1) Printed On: 12/21/2016