HomeMy WebLinkAboutR-23-0088City of Miami
Resolution R-23-0088
Legislation
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
City of Miami Page 1 of 3 File ID: 13437 (Revision:) Printed On: 6/27/2025
File ID: 13437 Enactment Number: R-23-0088
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.
City of Miami Page 2 of 3 File ID: 13437 (Revision:) Printed on: 6/27/2025
File ID: 13437 Enactment Number: R-23-0088
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 13437 (Revision:) Printed on: 6/27/2025