HomeMy WebLinkAboutR-98-0577J-98-610
6/9/98
RESOLUTION NO. 9 8 r 577
A RESOLUTION, WITH ATTACHMENT, DIRECTING THE
CITY MANAGER TO INSTRUCT THE ADMINISTRATION
TO PAVE THE TRIANGULAR PORTION OF THE PUBLIC
ALLEY LOCATED SOUTH OF WEST FLAGLER STREET
BETWEEN SOUTHWEST 52 COURT AND SOUTHWEST
54 AVENUE, MIAMI, FLORIDA, AS INDICATED ON
EXHIBIT "A", ATTACHED HERETO AND MADE A PART
HEREOF.
WHEREAS, the owners of property adjacent to a public alley
located south of and parallel to West Flagler Street between
Southwest 52 Court and Southwest 54 Avenue, Miami, Florida, have
expressed concern about the physical condition of the alley; and
WHEREAS, said owners have also expressed concern about
illegal dumping and the safety of pedestrians in the alley; and
WHEREAS, in some cases, abutting property owners do not want
to take title to a public alley but desire that the alley be
closed to discourage illegal activity and dumping;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the
Preamble to this Resolution are hereby adopted by reference and
incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is hereby directed to
instruct the administration to pave the triangular portion of the
ATTACHMENT (S)
CONTAINED
CITY Common
MEETING CC
JU N 9 9 1998
hesoludon No.
98- 577
public alley located south of and parallel to West Flagler Street
between Southwest 52 Court and Southwest 54 Avenue, Miami,
Florida, as indicated on Exhibit A, attached hereto and made a
part hereof.
Section 3. This Resolution shall become effective upon
its adoption and signature of the Mayor or pursuant to
Section 4(g)(5) of the City Charter and Section 2-36 of the City
Code.
PASSED AND ADOPTED this 9th day of June , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of
th' '-:)gislation by signing it in the designated plan, „,'ed, said Iegislatiln now
b"imes effective with the �(10) days f'- -ate (�fyCammicn action
regarding same, without the NlkuyUl ;xarcising
ATTEST:
Wa r J oeman, City Clerk
WALTER J. FOEMAN, CITY CLERK
APPROVED AS
6:csk:YMT:BSS
CORRECTNESS :(''1'
- 2 - 98- 577
N. W.
HENRY M. FLAGLER
ELEM.
ALLEY scNooL
W. FLAGLER ST.
w 53 p p 5220
a
H
c�
J
CL N
N
in r3
3
N Vf
S.W. ST. 3
Lw-n
ST. N
W F.::
ALLEY BEHIND 5220-5300
WEST FLAGLER STREET
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and
Members of the City Commission
FROM
D /naldH. Warshaw
City Manager
RECOMMENDATION
DATE : June 9, 1998
24
SUBJECT : Alley behind 5220-5300
West Flagler Street
REFERENCES:
ENCLOSURES: Location Map
FILE :
It is respectfully recommended that the City Commission adopt the attached
Resolution directing the paving of a portion of a public alley located behind 5220-
5300 West Flagler Street and to investigate alternative methods by which a public
alley may be closed.
�_«�ZrI�Z•1�1iL7
The owners of Navarro Discount Pharmacies and Sedanos Supermarket have
requested the City to pave the triangular portion of a public alley behind 5220-
5300 West Flagler Street. In addition, the owners have expressed concern about
dumping and illegal activities in the alley and have requested that the alley be
closed.
In May, 1990, staff from the City of Miami and Miami -Dade County Public Works
Departments investigated a similar request from Mr. Jose Navarro concerning the
condition of the referenced alley. Based on the results of that investigation and
recommendations from adjacent homeowners and business owners, a 5-point list
of improvements was completed. The improvements included trimming trees,
additional lighting, parking restrictions and drainage. The required traffic signage
was installed by Miami -Dade County in July, 1990, in accordance with the plan
accepted by the property owners. The Public Works Department is now
recommending that the triangular shaped portion of the alley be paved to
discourage dumping.
The alley behind 5220-5300 West Flagler Street is a platted public alley dedicated to
the general public by the subdivider (previous owner) of the land for many
purposes including access and utilities. The right-of-way is dedicated to the
general public and, as custodian, the City of Miami cannot authorize the donation,
lease or purchase of public right of way.
The only provision in the City Code available to accomplish the closure and
vacation of public alleys is by replatting the subdivision according to the
regulations contained in Chapter 55 of the City Code. This method can accomplish
the vacation and closure of an alley by reverting it to private property, thereby
enabling the owners to take control of the parcel. In most cases, the owners on
both sides of an alley must join together and replat their properties which would
include the alley right-of-way. One half of the alley right-of-way would be acquired
by each abutting owner. Accommodation of utilities is included in the platting
process.
FLAGLERaIIeyPaving.doc �'j
98- 5/7
Honorable Mayor and
Members of the City Commission
Alley behind 5220-5300
West Flagler Street
Page No. 2
Recently amended City Code Section 54-16 provides the only method available to
permit placement of a fence across the alley; however, once fenced, no private
use of the alley, including loading and access, will be allowed. This method also
requires approval of all property owners abutting the alley.
Both of the previously stated Code provisions may accomplish the closure or
fencing of the alley, but may not be practical in this case due to the required
approval and participation of all property owners abutting the alley. Additionally,
the closure or fencing of the alley in accordance with the Code requirements will
prevent private utilization of the alley for access and. loading. in this case, and
other similar cases, the abutting property owners do not want to take title to the
alley but desire only to close the alley during certain hours of the night. If this can
be accomplished, it will discourage illegal dumping and other undesirable activities
and yet maintain limited access during normal, reasonable hours.
FLAGLERaIIeyPaving.doc
17NIMIM