Legislative Matter

Miami-Dade Legislative Item
File Number: 120845

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Clerk's Official Copy

File Number: 120845

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-355-12

Control: County Mayor

File Name: ROAD CLOSING PETITION P-891

Introduced: 4/23/2012

Requester: Public Works & Waste Management

Cost:

Final Action: 5/1/2012

Agenda Date: 5/1/2012

Agenda Item Number: 5C

Notes:

amended version to 120588

Title:

RESOLUTION GRANTING PETITION TO CLOSE NE 191 STREET, FROM NE 24 AVENUE TO NE 25 AVENUE; NE 24 AVENUE, FROM NE 191 STREET TO NE 192 STREET; AND THE ALLEYS LYING WITHIN SAID ROADS (ROAD CLOSING PETITION NO. P-891) [SEE ORIGINAL ITEM UNDER FILE NO. 120588]

Indexes:

ROAD CLOSING PETITION

Sponsors:

Sally A. Heyman, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	5/1/2012	5C	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed resolution. Chairman Martinez opened the public hearing on the foregoing proposed resolution. He closed the public hearing after no one appeared wishing to speak. The Board, by motion duly made, seconded, and carried adopted the foregoing proposed resolution as presented.

County Mayor	4/23/2012		Assigned	Alina Tejeda-Hudak		4/23/2012

County Mayor	4/23/2012		Assigned	County Attorney	5/1/2012
REPORT:	PWWM (amended version to 120588) - Alexander Bokor assisted - Comm. Heyman Sponsor

County Attorney	4/23/2012		Assigned	Alex S. Bokor

Infrastructure and Land Use Committee	4/11/2012	3F Amended	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Bonzon-Keenan read the foregoing proposed resolution into the record. Commissioner Heyman approached the podium upon being recognized by Chairwoman Edmonson. She noted she was requesting the foregoing proposed resolution be forwarded to the County Commission with a favorable recommendation, with an amendment to waive the application fee for the proposed road closing. Commissioner Heyman displayed a map showing the road proposed for closing (NE 191 Street between NE 24th and 25th Avenues), Oleta River on the west side of the road, and areas north of the road. She explained that Hillel Community Day School, Inc. was located immediately south of the road and that this school owned the property to the north of the road. She indicated that Hillel wanted to expand onto the property to the north, but could not because the road separating the two properties was in the County’s right-of-way. She advised that no one was using the road, and it came to a dead-end at the Oleta River and the wetlands surrounding the river. Commissioner Heyman noted she was unaware of any objection to the proposed road closing, and the school was willing to build a linear community park. Hearing no further discussion, Committee members proceeded to vote on the foregoing proposed resolution as amended.

Legislative Text

TITLE
RESOLUTION GRANTING PETITION TO CLOSE NE 191 STREET, FROM NE 24 AVENUE TO NE 25 AVENUE; NE 24 AVENUE, FROM NE 191 STREET TO NE 192 STREET; AND THE ALLEYS LYING WITHIN SAID ROADS (ROAD CLOSING PETITION NO. P-891)

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, (1) that the closing of the aforementioned roads is contingent on the recording of the plat of HILLEL PLAT, tentative plat T-23188, that in the event the plat is not approved and recorded this resolution becomes null and void; (2) that the alleyways, street, road, highway or other place used for travel as described in the attached petition is hereby vacated, abandoned and closed, all rights of Miami-Dade County and the public in and to the same are hereby renounced and disclaimed; (3) it is found that the action will serve a public purpose and benefit the public without violating private property rights; (4) that the procedure utilized in the adoption of this resolution is expressly ratified and approved; >>(5) that the fee for road closing petition processing, in the amount of $28,647.00, is waived pursuant to the authority granted under the Administrative Order 04-114;<< and [[5]]>>(6)<< the Clerk is hereby directed to publish notice of the adoption of this resolution one time within thirty (30) days hereafter in a newspaper of general circulation of Miami-Dade County.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
From: Carlos A. Gimenez
Mayor

Subject: Road Closing Petition P-891
Section: 04-52-42
NE 191 Street, from NE 24 Avenue to NE 25 Avenue; NE 24 Avenue, from NE 191 Street to NE 192 Street;
and the Alleys Lying Within Said Roads
Commission District: 4
This item was amended at the April 11, 2012 Infrastructure and Land Use Committee to recommend that the Board of County Commissioners waive the application fee for the proposed road closing.

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners grant the attached Road Closing Petition following a public hearing. The Miami-Dade County Departments of Sustainability, Planning and Economic Enhancement, Public Works and Waste Management (PWWM), Water and Sewer and Fire Rescue have no objection to these rights-of-way being closed.

Scope
This road closing is located within Commission District 4.

Fiscal Impact/Funding Source
The Property Appraiser�s Office has assessed the adjacent property to these rights-of-way at $5.00 per square foot. Therefore, the estimated value of these rights-of-way would be approximately $278,470.00. All the properties abutting the rights-of-way to be abandoned are tax exempt. Therefore, granting of this petition will not result in an increase in revenue from property taxes. The fee for road closing petition processing, in the amount of $28,647.00, is waived pursuant to the authority granted under Administrative Order 04-114.

Track Record/Monitor
PWWM is the entity overseeing this project and the person responsible for monitoring is Mr. Ra�l A. Pino, P.L.S., Chief, PWWM Land Development/Right-of-Way Division.

MANAGER'S BACKGROUND
Background
The petitioner, Hillel Community Day School, Inc., wishes to close the rights-of-way for NE 191 Street, from NE 24 Avenue to NE 25 Avenue; NE 24 Avenue, from NE 191 Street to NE 192 Street; and the alleys therein, in order to incorporate the area into the proposed plat of �HILLEL PLAT�, tentative plat number T-23188. NE 24 Avenue has never been improved nor maintained by Miami-Dade County, and NE 191 Street is a dead end street. Therefore, this action will not adversely impact traffic flow or continuity of traffic in the area.

The subject rights-of-way were dedicated in 1925, by the plat of HARRIETTE PARK, recorded in Plat Book 17, Page 64, and in 1975 by an instrument recorded in Official Records Book 9161, Page 1566, both of the Public Records of Miami-Dade County, Florida. The subject rights-of-way are zoned QUAD (Single-Family, Duplex, Urban Villa and Rowhouse Dwellings).

__________________________
Alina T. Hudak
County Manager/Deputy Mayor