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HomeMy WebLinkAboutR-99-0096e sKs 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. s, a'fN aX 1� V hiS S 5 '\ �:�th�'.•F <siklk+fi»14t� Hr3.w3. i q;'4�'•+1.s.�«ak. y irx�,„ .a.enit����-� 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 ,����,y.Mti.. •� .���-asc�a���� �pz� : Way • 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 - 3 - t 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 W3207:CSK:kc 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. �9 - 96 ';,.r.ry ,.x_�FS'F vi',C-.-. � F1.asc:5:�T7,v ..N'r„D ,. r�...�{M1r ♦r ,rtr�..X?��$rx;xt,-,,d;!�!i z TER. ST. PROPOSED —� CLOSURE W z SS TER. ST. ui o z 54 to o � � I N.E. 55 TERR. 6i N. E. z J 6iu d Y r N. E. 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. 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