HomeMy WebLinkAboutR-14-0029City of Miami
Legislation
Resolution: R-14-0029
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01337 Final Action Date: 1/23/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND
PERMITTING THE RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS TO
THE "L" SHAPED PRIVATE ALLEY LOCATED EAST OF BISCAYNE BOULEVARD
BETWEEN NORTHEAST 39TH STREET AND THE BAY POINT SUBDIVISION,
MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY
SET FORTH HEREIN.
WHEREAS, the owners of the properties at 405/443/447/455 Northeast 39th Street, Miami,
Florida, desire to construct a new development on an "L" shaped private alley that is located within
the boundaries of the subject properties that primarily serves only an adjacent property; and
WHEREAS, the owners desire to secure the entire perimeter of the new development site by
the installation of a fence and gates including across the private alley at its intersection with Biscayne
Boulevard and Northeast 39th Street, Miami, Florida; and
WHEREAS, based on the evidence presented the Miami City Commission finds to be in the best
interest of the public to restrict vehicular and pedestrian access to this "L" shaped private alley in
accordance with the terms and conditions of this Resolution ; and
WHEREAS, in accordance with Section 54-16(h) of the Code of the City of Miami, the
owners of the properties at 405/443/447/455 Northeast 39th Street and 3933 Biscayne Boulevard,
Miami, Florida, have submitted a petition requesting that vehicular and pedestrian access be
restricted to the "L" shaped private alley;
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 fully set forth in this Section.
Section 2. The restriction of vehicular and pedestrian access to the "L" shaped private alley
located east of Biscayne Boulevard between Northeast 39th Street and the Bay Point Subdivision,
Miami, Florida, is authorized and permitted, subject to the following conditions:
a) The Department of Public Works shall approve the design of the fence and gates to prohibit
vehicular and pedestrian access;
City of Miami
Page 1 of 2 File Id: 13-01337 (Version: 3) Printed On: 12/15/2017
File Number: 13-01337 Enactment Number: R-14-0029
b) The fence, gate and restricted portion of the private alley shall be maintained by the owner of
the properties at 405/443/447/455 Northeast 39th Street, Miami, Florida, with the express
understanding that no private use may be made of the private alley unless and until the private alley
is vacated;
c) Prior to the issuance of permits, the property owners shall enter into a Covenant Running
with the Land with the City of Miami ("City"), in a form acceptable to the City, that will require the
removal of the fence and gates at the request of the City; and
d) All expenses resulting from this request for prohibited access to the private alley shall be
borne by the property owners at 405/443/447/455 Northeast 39th Street, Miami, Florida.
e) All conditions requested by the neighborhood relative to this restriction of pedestrian and
vehicular access will be fulfilled by the Owner . The Owner, through its legal representative, on the
public record relative to the City Commission's passage of this items stated these conditions will be
complied wi
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: 13-01337 (Version: 3) Printed On: 12/15/2017