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HomeMy WebLinkAboutR-06-0194City of Miami Legislation Resolution: R-06-0194 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00372 Final Action Date: 3/23/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET LOCATED AT SOUTHWEST 11 TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND 1-95 EXPRESSWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." WHEREAS, the Plat and Street Committee, at its meeting of July 7, 2005, reviewed and approved the tentative plat of "Incanto on 3rd Avenue Subdivision" and found that all technical requirements of Chapter 55 of the Code of the City of Miami, Florida, have been met; and WHEREAS, the Plat and Street Committee, after considering the criteria found in Section 55- 13(c), recommended by a vote of four to two (4-2) that the portion of Southwest 11th Street between Southwest 3rd Avenue and Interstate 1-95 be closed, vacated and abandoned; and WHEREAS, the Miami Zoning Board at its meeting on February 27, 2006, Item No. 3, duly adopted Resolution No. ZB 2006-1135 by a vote of four to three (4-3), RECOMMENDING DENIAL of closing, vacating, abandoning, and discontinuing a portion of a public right-of-way as hereinafter set forth (the motion to approve failed by virtue of the fact that the City Code requires five [5] favorable votes for the approval of any item before the Zoning Board); and WHEREAS, the City Commission, after careful consideration of this matter, and notwithstanding the recommendation of the Miami Zoning Board, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to reverse the recommendation of the Zoning Board and grant the vacation and closure of a portion of the public right-of-way, as hereinafter set forth; 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 the parties, 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 vehicles, such as trash, garbage, police, fire and other emergency vehicles, use the street; and (c) There is ample access into the area for police, fire, emergency vehicles, and trash collection. City of Miami Page 1 of 2 File Id: 06-00372 (Version: 11 Printed On: 1/6/2017 File Number: 06-00372 Enactment Number: R-06-0194 Section 3. Therefore, the street (alley) located at Southwest 11 th Street between Southwest 3rd Avenue and 1-95 Expressway, Miami, Florida, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use. 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: 06-00372 (Version: 11 Printed On: 1/6/2017