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HomeMy WebLinkAboutLegislation SUBA RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CLOSURE, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE OF A PORTION OF A PUBLIC ALLEY LOCATED ALONG THE EAST SIDE OF NORTHEAST 4TH AVENUE BETWEEN NORTHEAST 30TH TERRACE AND NORTHEAST 31ST STREET, MIAMI, ;r FLORIDA PURSUANT TO THE CRITERIA LISTED IN SECTION 55-15(C) OF CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. WHEREAS, the Plat and Street Committee ("PSC"), at its meeting on November 3,.- 2016, reviewed the street closure application for the portion of a public alley located along the east side of Northeast 4th Avenue between Northeast 30th Terrace and Northeast 31"Street, Miami, Florida, more particularly described in Exhibit "A" ("Alley"), and determined that all technical requirements have been met and by a vote of five to zero (5-0), recommended approval of the vacation and closure as set forth; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on April 19, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-029 by a vote of nine to two (9-2), Item no. PZAB.3, recommending approval with conditions of the vacation and closure; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is substantial evidence in the record to approve the closure, vacating, abandoning, and discontinuing for public use a portion of the Alley; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MIAMI CITY 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 the public Alley located along the east side of Northeast 4th Avenue between Northeast 30th Terrace and Northeast 31St Street, Miami, Florida, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use. Section 3. The conditions of the closure, vacation, abandonment, and discontinuance for public use of a portion of the Alley, as recommended by the PZAB and adopted by the City Commission, are that 1) the applicant, or its successor, shall comply with the conditions of approval stated for the CH Metro Tentative Plat No. 1886, in a letter dated November 21, 2016 issued by the Department of Public Works, and 2) the applicant, or its successor, shall comply with all development standards identified in the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended, and all applicable local, state and federal regulations. City of Miami Page 1 of 2 File ID: 2226 (Revision: A) Printed On: 6/5/2017 2226 -Legislation SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami 01 City Hall %y 3500 Pan American Drive Legislation Miami, FL 33133 � - ,:, A. www.miamigov.com o k ` Resolution R-17-0257 File Number: 2226 Final Action Date: 5/25/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CLOSURE, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE OF A PORTION OF A PUBLIC ALLEY LOCATED ALONG THE EAST SIDE OF NORTHEAST 4TH AVENUE BETWEEN NORTHEAST 30TH TERRACE AND NORTHEAST 31ST STREET, MIAMI, ;r FLORIDA PURSUANT TO THE CRITERIA LISTED IN SECTION 55-15(C) OF CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. WHEREAS, the Plat and Street Committee ("PSC"), at its meeting on November 3,.- 2016, reviewed the street closure application for the portion of a public alley located along the east side of Northeast 4th Avenue between Northeast 30th Terrace and Northeast 31"Street, Miami, Florida, more particularly described in Exhibit "A" ("Alley"), and determined that all technical requirements have been met and by a vote of five to zero (5-0), recommended approval of the vacation and closure as set forth; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on April 19, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-029 by a vote of nine to two (9-2), Item no. PZAB.3, recommending approval with conditions of the vacation and closure; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is substantial evidence in the record to approve the closure, vacating, abandoning, and discontinuing for public use a portion of the Alley; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MIAMI CITY 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 the public Alley located along the east side of Northeast 4th Avenue between Northeast 30th Terrace and Northeast 31St Street, Miami, Florida, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use. Section 3. The conditions of the closure, vacation, abandonment, and discontinuance for public use of a portion of the Alley, as recommended by the PZAB and adopted by the City Commission, are that 1) the applicant, or its successor, shall comply with the conditions of approval stated for the CH Metro Tentative Plat No. 1886, in a letter dated November 21, 2016 issued by the Department of Public Works, and 2) the applicant, or its successor, shall comply with all development standards identified in the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended, and all applicable local, state and federal regulations. City of Miami Page 1 of 2 File ID: 2226 (Revision: A) Printed On: 6/5/2017 2226 -Legislation SUB File ID: 2226 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-17-0257 Section 4. Approval of the requested closure, vacating, abandoning and discontinuing for public use of a portion of the Alley shall be valid for a period of four (4) years and shall remain independent of the referenced tentative plat during this period. Section 5. The approved final plat must be recorded within the four (4) year approval period of the requested vacation and closure. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 i •4a'dez, City t t o r -e -y 5/16/2017 .' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 2226 (Revision: A) Printed on: 61512017 °F t, City of Miami pn Legislation R �y 170 Resolution File Number: 2226 SUBSTITUTED City Hall 3500 Pan American [ Miami, FL 33133 www.miamigov_coi Final Action(Date: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CL SURE, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE 0 A PORTION OF A PUBLIC ALLEY LOCATED ALONG THE EAST SIDE 0 NORTHEAST 4TH AVENUE BETWEEN NORTHEAST 30TH TERRAC AND NORTHEAST 31ST STREET, MIAMI, FLORIDA PURSUANT TO TH CRITERIA LISTED IN SECTION 55-15(C) OF CODE OF THE CITY OF MIAM FLORIDA, AS AMENDED. WHEREAS, the Plat and Street Committee ("PSC/ofa eting on November 3, 2016, reviewed the street closure application for the portic alley located along the east side of Northeast 4th Avenue between Northeast 30td Northeast 31st Street, Miami, Florida, more particularly described in Exhibit "A" d determined that all technical requirements have been met and by a vote of fi-0), recommended approval of the vacation and closure as set forth; and WHEREAS, the Miami Planning, Zoning and peals Board ("PZAB"), at its meeting on April 19, 2017, following an advertised public heari , adopted Resolution No. PZAB-R-17-029 by a vote of nine to two (9-2), Item no. PZAB.3, r ommending approval with conditions of the vacation and closure; and WHEREAS, based on the testimony nd evidence presented, after due notice and an opportunity to be heard has been afforde o all parties and members of the public, there is substantial evidence in the record to ap ove the closure, vacating, abandoning, and discontinuing for public use a portion pf the Alley; NOW, THEREFORE, BEI RESOLVED BY THE CITY OF MIAMI CITY COMMISSION OF THE CITY OF MIAMI, FLO A: Section 1. The recit s and findings contained in the Preamble to this Resolution are adopted by reference and i corporated as if fully set forth in this Section. Section 2. A p rtion of the public Alley located along the east side of Northeast 41h Avenue between N heast 301h Terrace and Northeast 31s' Street, Miami, Florida, more particularly descri d in Exhibit "A," is closed, vacated, abandoned and discontinued for public use. Sect' n 3. The conditions of the closure, vacation, abandonment, and discontinuance for public Ae of a portion of the Alley, as recommended by the PZAB and adopted by the City Comm i ion, are that 1) the applicant, or its successor, shall comply with the conditions of appro I stated for the CH Metro Tentative Plat No. 1886, in a letter dated November 21, 2016 issu by the Department of Public Works, and 2) the applicant, or its successor, shall comply 7ty all development standards identified in the Miami 21 Code, the Zoning Ordinance of the of Miami, Florida, as amended, and all applicable local, state and federal regulations. SUBSTITUTED Section 4. Approval of the requested closure, vacating, abandoning and discontinuing for public use of a portion of the Alley shall be valid for a period of four (4) years and shall remain independent of the referenced tentative plat during this period. Section 5. The approved final plat must be recorded within the four (4) year approval period of the requested vacation and closure. Section 6. This Resolution shall become effective immediately upon its adoption annd signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS ria "ndez, C ity Attor ey 5/16/2017 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.