HomeMy WebLinkAboutR-99-0096e
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J-99-134
1/29/99
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, OF THE MIAMI
CITY COMMISSION TO TEMPORARILY RESTRICT
VEHICULAR ACCESS TO N. E. 55 TERRACE AT ITS
INTERSECTION WITH FEDERAL HIGHWAY IN THE CITY
OF MIAMI, FLORIDA, SUBJECT TO THE PROVISIONS
CONTAINED HEREIN.
WHEREAS, N.E. 55 Terrace between Federal Highway and the
F.S.C. Railroad tracks is a poorly developed public right-of-way
of approximately 100 feet that ends at a junction with railroad
tracks as depicted on the attached map; and
WHEREAS, the street is used infrequently as the abutting
properties on the south side of the right-of-way are vacant and
warehouses line the north side; and
WHEREAS, a restaurant is proposed on the block to be located
on the north side of 55 Terrace that will serve the neighborhood
and enhance the area; and
WHEREAS, to construct the restaurant, the developer must
replat the property and close said right-of-way and has
petitioned the city to restrict vehicular access to the street;
and
WHEREAS, the Departments of Police, Fire -Rescue, and General
Services Administration/Solid Waste Division were notified of the
proposed vehicular access restriction of N.E. 55 Terrace and
CITY comassion
MEETING OF
Resolution No.
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expressed no substantial objection to said restriction; and
WHEREAS, the proposed vehicular access restriction shall be
accomplished by placing a gated fence across N.E. 55 Terrace at
its intersection with Federal Highway with locking control in the (,
discretion of the City of Miami; and
WHEREAS, Section 54-16 of the Code of the City of Miami, r
Florida, as amended, ("City Code,,) gives the City Commission the
power, after a properly advertised public hearing, to recommend
that vehicular access to a particular street be prohibited at an
intersection where such prohibition is found to be in the best
interest of the public; and
WHEREAS, pursuant to due public notice, a public hearing was
held before the City Commission on this date to hear objections
to the implementation of a temporary vehicular restriction to
said right -of -way and no objections of substance were heard by
the City Commission; and
WHEREAS, the City Commission finds that the herein
restriction should be instituted until such time as N.E. 55
Terrace is closed and vacated in accordance with the subdivision
regulations contained in Chapter 55 of the City Code or until
such time as the Director of the Department of Public Works makes
a finding that N.E. 55 Terrace should be reopened to vehicular
access; and
WHEREAS, the City Commission finds that the herein
restriction is in the best interest of the public;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
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OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The restriction of vehicular access to N.E.
55 Terrace at its intersection with Federal Highway in the City
of Miami., Florida, is hereby authorized and permitted on a
temporary basis, subject to the following conditions:
(a) the Department of Public Works shall approve the design
of the temporary fence and gate to prohibit vehicular
access;
(b) the locking control of the gate shall be at the
discretion of the City of Miami;
(c) the herein restriction shall be instituted until such
time as N.E. 55 Terrace is closed and vacated in
accordance with the subdivision regulations contained
in Chapter 55 of the City Code, or until such time as
the Director of the Public Works Department makes a
finding that N.E. 55 Terrace should be reopened to
vehicular access.
Section 3. This Resolution shall become effective
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immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this __gtb_ day of February , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since `llE?
this legislation by signing it in tho designated t}ir+c� Ir q
becomes effective with the elapse of ten (10) days om the state of ucaimi, ,
regarding same, without the Mayor, erercisir_g a )
WALTER J. FOEMAN
CITY CLERK
FORM AND CORRECTNESSAA-
G9TY ATTORNEY
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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.
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PROPOSE N.E. 55 TERRACE
TEMPORARY ROAD CLOSURE
INTER -OFFICE MEMORANDUN
TO : Honorable Mayor and DATE : FEB 1 1999
Members of the City Commission
iI AlYP�477P1P\
FROM Donal H. Warshaw
City Manager
SUBJECT : Vehicular Access Restriction
to NE 55 Terrace at
Federal Highway
REFERENCES.
ENCLOSURES Resolution, Location Map
The purpose of the February 9, 1999, public hearing is to hear comments and
consider a Resolution authorizing the restriction of vehicular access to NE 55
Terrace at its intersection with Federal Highway.
BACKGROUND
NE 55 Terrace between Federal Highway and the F.E.C. Railroad tracks in the Upper
Eastside neighborhood is a short, poorly developed public right-of-way that "dead -
ends" at the railroad tracks. Very little vehicular and pedestrian traffic utilize this
roadway where the adjacent properties are vacant on the south side and
warehouses on the north side.
The PSoyka's Restaurant" is current under development for the block of land on,
the north and south sides of NE 55 Terrace. In order to construct the new
restaurant, the owner, Mr. Mark Soyka, desires to replat and close NE 55 Terrace
between Federal Highway and the F.E.C. Railroad tracks. Since the replatting
process will take several months to complete, the property owner is very
concerned about security, public safety and illegal dumping on NE 55 Terrace and
the need for interim parking, and has requested that access to NE 55 Terrace be
temporarily restricted until completion of the platting process.
It is respectfully recommended that the restriction to vehicular access be
implemented on a temporary basis until such time that the right of way is closed
and vacated in accordance with the City Code or until such time that the Director
of the Public works Department makes a finding that NE 55 Terrace should be
reopened to vehicular access.
DHW/RM JJK
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