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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13437 Date: 02/02/2023 Commission Meeting Date: 02/23/2023 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 2 Type: Resolution Subject: Close Portion of Northeast 34 Street Purpose of Item: A Resolution Of The Miami City Commission, With Attachment(S), Recommending, Pursuant To Section 54-16 Of The Code Of The City Of Miami, Florida, As Amended (The "Code"), That The Portion Of Northeast 34th Street Roughly Bounded By Biscayne Bay On The East And Extending West Approximately 238 Feet From The Seaward Face Of The Bulkhead Along Biscayne Bay, As Depicted In The Attached Exhibit "A" (The "Pedestrian Plaza Area") Be Closed To Vehicular Traffic; Providing For Transmittal To Miami -Dade County; Authorizing Improvements To The Pedestrian Plaza Area At The Abutting Owner(S)' Expense; Providing For Severability; And Providing For An Effective Date. Background of Item: NE 34th Street in the Edgewater neighborhood of the City of Miami, Florida terminates at Biscayne Bay. As depicted in the attached Exhibit "A" (the "Pedestrian Plaza Area"), would operate as an excellent pedestrian plaza because of its scenic waterfront location and connection to the City's Baywalk. The City's Charter, the Miami Comprehensive Neighborhood Plan, and Miami 21, encourage improvements to enhance public access to the bay and activation of areas along the Baywalk. Pursuant to Section 54-16(d) of the City Code, the prohibition of vehicular traffic has been reviewed by the Departments of Police, Fire -Rescue, and Solid Waste and all departments recommend approval. The City Commission finds that the improved Pedestrian Plaza Area will create a unique public amenity for the benefit of the public, and counteract slum and blight. The City Commission finds that the Pedestrian Plaza Area will better serve residents of the City of Miami if vehicular access within it is prohibited, and that such prohibition is in the best interest of the public. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Reviewed B Department of Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Works 02/10/2023 11:31 AM Luis Hernandez -Torres Marie Gouin Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Elizabeth Hernandez Victoria Mendez Maricarmen Lopez City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Budget Review Deputy City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Rendered Completed 02/10/2023 1:27 PM Completed 02/10/2023 7:09 PM Completed 02/13/2023 12:29 PM Completed 02/13/2023 1:07 PM Completed 02/13/2023 4:00 PM Completed 02/13/2023 5:48 PM Completed 02/13/2023 5:49 PM Completed 02/23/2023 9:00 AM Completed 03/01/2023 3:46 PM City of Miami Legislation Resolution Enactment Number: R-23-0088 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13437 Final Action Date:2/23/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RECOMMENDING, PURSUANT TO SECTION 54-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), THAT THE PORTION OF NORTHEAST 34TH STREET ROUGHLY BOUNDED BY BISCAYNE BAY ON THE EAST AND EXTENDING WEST APPROXIMATELY 238 FEET FROM THE SEAWARD FACE OF THE BULKHEAD ALONG BISCAYNE BAY, AS DEPICTED IN THE ATTACHED EXHIBIT "A" (THE "PEDESTRIAN PLAZA AREA") BE CLOSED TO VEHICULAR TRAFFIC; PROVIDING FOR TRANSMITTAL TO MIAMI-DADE COUNTY; AUTHORIZING IMPROVEMENTS TO THE PEDESTRIAN PLAZA AREA AT THE ABUTTING OWNER(S)' EXPENSE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Northeast 34th Street in the Edgewater neighborhood of the City of Miami, Florida ("City") terminates at Biscayne Bay; and WHEREAS, Northeast 34th Street's street -end extending west approximately 238 feet from the seaward face of the bulkhead along Biscayne Bay as depicted in the attached Exhibit "A" ( "Pedestrian Plaza Area"), would operate as an excellent pedestrian plaza because of its scenic waterfront location and connection to the City's Baywalk; and WHEREAS, said Pedestrian Plaza Area is not required for vehicular site access to abutting properties or for through -street access to the east because of 34th Street's terminus at Biscayne Bay; and WHEREAS, the Charter of the City of Miami, Florida, as amended, the Miami Comprehensive Neighborhood Plan, and Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, encourage improvements to enhance public access to the bay and activation of areas along the Baywalk; and WHEREAS, it furthers the health, safety, and quality of life of the residents of the City to support safe pedestrian access to Biscayne Bay; and WHEREAS, pursuant to Section 54-16(d) of the Code of the City of Miami, Florida, as amended ("City Code"), the prohibition of vehicular traffic has been reviewed by the Departments of Police, Fire -Rescue, and Solid Waste and all departments recommend approval; and WHEREAS, pursuant to Section 54-16(e) of the City Code, the improvements depicted in Exhibit "A" include vehicular turnarounds that are acceptable to the Department of Resilience and Public Works and the City's Public Safety Departments; and WHEREAS, in accordance with Section 54-16(f) of the City Code, the owner(s) of real property abutting the Pedestrian Plaza Area have committed to improve, at its/their sole cost, the Pedestrian Plaza Area in general accordance with Exhibit "A" and to maintain the Pedestrian Plaza Area as contemplated in the City's Covenant Running with the Land for Non -Standard Right of Way Improvements (the "Non -Standard Improvements Covenant"); and WHEREAS, the owner(s) of the real property abutting the Pedestrian Plaza Area further commit to all obligations under the City's Non -Standard Improvements Covenant including but not limited to the obligations to remove improvements at the owner(s)' cost if required by the City, to maintain minimum liability insurance, and to indemnify and hold the City harmless for certain liability in connection with the improvements; and WHEREAS, the Pedestrian Plaza Area will remain open to the public after the abutting owner(s) have completed said improvements; and WHEREAS, the City Commission has held a duly noticed public hearing as provided in Section 54-16 of the City Code; and WHEREAS, the City Commission finds that the improved Pedestrian Plaza Area will create a unique public amenity for the benefit of the public, and counteract slum and blight; and WHEREAS, the City Commission finds that the Pedestrian Plaza Area will better serve residents of the City if vehicular access within it is prohibited, and that such prohibition is in the best interest of the public. 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 herein as if fully set forth in this Section. Section 2. Pursuant to Section 54-16 of the City Code, the City Commission finds that the prohibition of vehicular access within the Pedestrian Plaza Area is in the best interest of the public, and recommends to the Miami -Dade County traffic director that vehicular access to 34th Street within the Pedestrian Plaza Area be prohibited. Section 3. The City Manager is directed to transmit this Resolution and the attached Exhibit "B" to the Miami -Dade County traffic director and pursue approval of the prohibition on vehicular traffic within the Pedestrian Plaza Area. Section 4. Upon the Miami -Dade County traffic director's approval of prohibiting vehicular access within the Pedestrian Plaza Area, the area may be improved by the abutting owner(s) in general accordance with Exhibit "A" subject to all applicable permitting requirements and execution of a Non -Standard Improvements Covenant consistent with this Resolution. Section 5. In the event any portion or section of this Resolution is determined to be invalid, illegal or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no way affect the remaining portions of this Resolution, which shall remain full force and effect. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: