HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15573
Date: 02/13/2024
Commission Meeting Date: 03/14/2024
Type:
Subject:
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: District 5
Resolution
Approve Encroachment Agreement - Arcade Building
Purpose of Item:
A Resolution, in accordance with Section 54-191(b) of the City Code directing that an
existing building arcade be allowed to remain within the dedicated right of way area of
NW 5 Street adjacent to 49 NW 5 Street.
Background of Item:
City Code Section 54-191(b) provides mechanism to allow an existing building arcade to
remain within the dedicated right of way area if the said building was built prior to March
24, 1983. In consideration of the rights under the City Code Section 54-191(b), the
property owner at 49 NW 5 Street has submitted a request to the Director of Resilience
and Public Works to allow the existing building arcade to remain within the dedicated
right of way area of NW 5 Street adjacent to the property. Since the building arcade
encroaches into the dedicated right of way area of NW 5 Street, this request is being
presented to the City Commission. A search of City records reveals that no documented
complains or reports of problems of impediment to travel by vehicles or pedestrians
attributed to the building.
Budget Impact Analysis
Item has NOT an Expenditure
Item is NOT funded by Bonds
Item is NOT Related to Revenue
Total Fiscal Impact:
N/A
Department of Resilience and Public Works
Review Completed
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Reviewed B
02/13/2024 4:13 PM
Luis Hernandez -Torres
Marie Gouin
Nzeribe Ihekwaba
Arthur Noriega V
Valentin J Alvarez
Jihan Soliman
Victoria Mendez
Maricarmen Lopez
Juvenal Santana
Budget Analyst Review
Budget Review
Deputy City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
02/20/2024 9:55 AM
02/20/2024 10:36 AM
02/28/2024 10:01 AM
02/28/2024 10:10 AM
02/28/2024 11:18 AM
03/01/2024 3:32 PM
03/04/2024 9:54 AM
03/14/2024 9:00 AM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 03/20/2024 11:07 AM
Office of the City Attorney Jihan Soliman ACA Review Completed 03/29/2024 9:02 AM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 04/01/2024 4:55 PM
Office of the City Clerk City Clerk's Office Rendered Completed 05/02/2024 5:25 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0099
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15573 Final Action Date:3/14/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AND DIRECTING
THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT AND
COVENANT RUNNING WITH THE LAND, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE CITADEL ARENA CORPORATION, ALLOWING AN
EXISTING BUILDING ARCADE TO REMAIN WITHIN THE DEDICATED RIGHT OF
WAY AREA OF NORTHWEST 5 STREET ADJACENT TO 49 NORTHWEST 5
STREET, MIAMI, FLORIDA, SUBJECT TO THE CONDITIONS AS SET FORTH
HEREIN.
WHEREAS, the property owner of 49 Northwest 5 Street, Miami, Florida ("Property"),
has made a formal request to the Director of the Resilience and Public Works Department to
allow an existing building arcade to remain within the dedicated right of way area of Northwest 5
Street adjacent to said Property; and
WHEREAS, the property owner has furnished a Miami -Dade County Tax Assessment
Department's records providing evidence that the building was built prior to 1983; and
WHEREAS, the Director of Resilience and Public Works has researched City of Miami
("City") records and no documented complaints or reports of impediments to travel by vehicles
or pedestrians attributed to the building arcade; and
WHEREAS, in accordance with Section 54-191(b) of the Code of City of Miami, Florida,
as amended ("City Code"), the City Commission, after a properly advertised public hearing, may
approve the existing building arcade to remain within the dedicated right of way area; and
WHEREAS, the City Commission has evaluated the aforesaid request to allow an
existing building arcade to remain within the dedicated right of way area and finds no negative
effect on the health, welfare or safety of the community;
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 if fully set forth in this Section.
Section 2. The City Commission approves and directs the City Manager to execute an
encroachment agreement and covenant running with the land for the building arcade to remain
within the dedicated right of way, in a form acceptable to the City Attorney.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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