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Home My WebLink AboutR-99-0479J-99-593 7/G/99 RESOLUTION NO. 9 — 479 A RESOLUTION OF THE MIAMI CITY COMMISSION RESTRICTING VEHICULAR AND PEDESTRIAN ACCESS TO SOUTHWEST 57T" AVENUE ALLEY AT THE NORTH AND SOUTH PROPERTY LINES OF ADRIAN AUTO SERVICE LOCATED AT 40`h SOUTHWEST 57r" AVENUE IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS, AS MORE PARTICULARLY SET FORTH HEREIN. WHEREAS, the Southwest 57T" Avenue Alley between West Flagler Street and Southwest 2Te Street is a partially improved public alley (hereinafter referred to as the "Alley"); and WHEREAS, the Alley is narrow and inadequately illuminated to safely accommodate vehicular and pedestrian traffic; and WHEREAS, the property owner abutting the Alley, Adrian Auto Service located at 4oth Southwest 57`h Avenue, has petitioned the City to restrict vehicular and pedestrian access at its north and south property line because of unsafe conditions of the Alley; and WHEREAS, the Police, Fire -Rescue and Solid Waste Departments have been notified of the proposed vehicular and pedestrian access restriction of the Alley and have expressed no substantial objection and have made no adverse comments to the restriction of ATTACH?AE d � C GO, N T A I X E D J U L 13 1999 R"oluUou No. 99- 479 vehicular and pedestrian access to a portion of the Alley; and WHEREAS, the proposed vehicular and pedestrian access restriction will be accomplished by placing a fence with gates across the Alley at the north and south property line of the Adrian Auto Service property; and WHEREAS, Section 54-16 of the Code of the City of Miami, Florida, as amended, provides that the City Commission may, after a properly advertised public hearing, recommend that vehicular and pedestrian access to a particular alley be prohibited where such prohibition is found to be in the best interest of the public; and WHEREAS, pursuant to public notice, a public hearing was held before the City Commission on this date as regarding the prohibition of vehicular and pedestrian access to the Alley at the north and south property line of the Adrian Auto Service property and no objections of substance were sustained by the City Commission; and WHEREAS, the City Commission finds that the herein 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 set forth in the 2 - 9 9 0 4d Preamble to this Resolution are hereby adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The restriction of vehicular and pedestrian access to the Southwest 57`h Avenue Alley ("Alley") at the north and south property line of the Adrian Auto Service property located at 4Q`h Southwest 57`h Avenue in the City of Miami, Florida, is hereby authorized and permitted, subject to the following conditions: (a) the Department of Public Works shall approve the design of the fence and gates to prohibit vehicular and pedestrian access, ensuring no access or private use of the Alley unless and until the Alley is vacated; (b) the applicant shall obtain a revocable permit from the Public Works Department for the fence and gates; (c) the fence, gates and restricted portion of the public Alley shall be maintained by the property owner of the property where Adrian Auto Service is now located with the express understanding that no private use may be made of the Alley unless and until the Alley is vacated; (d) all expenses resulting from this request for prohibited 99- 479 - 3 - access to the Alley shall be borne by the property owner of Adrian Auto Service. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 13th day of July , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate ahprovel of this legislation by signing it in the designated place: provided', said becomes effective with the elapse of ten (10 day Irom the date Gommiss- - ATTEST: Bch;^r: regarding same, without the Mayor erci ing a to Waite 1 m , ity Clerk WALTER J. FOEMAN CITY CLERK �i 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. - 4 - 99- 479 a i w a W.j L FLAGLER LST PROPOSED ALLEY CLOSURE ALLEY u; 0 W to . 4 L > > a a vi ADRIAN AUTO SERVICE S. W. 2 ST o� co Lo S.W. 2 TER. 3 N N C6 S.W. 3 rST. PROPOSED S.W. 57 AVENUE ALLEY CLOSURE 9 9 v 479 2 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM : r �_— Donald H. Warshaw City Manager DATE : JUL 5 1999 FILE : SUBJECT : Vehicular and Pedestrian Access Restriction to a Portion of SW 57 Avenue REFERENCES: Alley ENCLOSURES: Resolution, Location Map The purpose of the public hearing consider a Resolution authorizing the and pedestrian access to a portion of West Flagler Street and SW 2 Street. is to hear comments and restriction of vehicular SW 57 Avenue Alley between SW 57 Avenue Alley between West Flagler Street and SW 2 Street is a partially improved public alley. The right of way is insufficiently wide and inadequately lighted to safely accommodate vehicular or pedestrian traffic. The property owner of Adrian Auto Service, with a street address of 40 SW 57 Avenue, has expressed concern about the unsafe conditions and has petitioned the City to restrict access to a portion of SW 57 Avenue Alley between West Flagler Street and SW 2 Street. SW 57 P_venue Alley is currently not utilized to provide routine City services and the Police, Fire -Rescue and Solid Waste Departments have been notified and have no substantial objection to the restriction of access. The restriction may be accomplished by the placement of a fence and gates across SW 57 Avenue Alley at the north and south property line of the Adrian Auto Service property. In order to ensure the maintenance and safety of the closed portion of the public alley, the Public Works Department will issue a revocable permit for the installation of the fence and gatesC�� 1 DHW/R��\ll/Akirj f c: Raul Martinez, Assistant City Manager James J. Kay, Director, Public Works Department 29- 4 :9 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Walter J. Foeman DATE : June 28, 1999 FILE City Clerk SUBJECT : Request to Publish Notice Of Public Hearing GG /- Restriction of Access to FROM : ✓""" REFERENCES: SW 57 Avenue Alley mes J. Kay, Dir for Public Works D artment ENCLOSURES: Please make arrangements to publish a Notice of Public Hearing for discussions pertaining to the RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS TO A PORTION OF SW 57 AVENUE ALLEY BETWEEN WEST FLAGLER STREET AND SW 2 STREET. The Public Hearing has been scheduled for July 13, 1999. Please charge to index code: 310201-287. LJH/rjf c: Civil Engineering Cost Analysis Len Helmers Central APPROVED: AI:so Agenda Coordinator 99- 410119 CITY OF MIAMI NOTICE OF PUBLIC HEARING A Public Hearing will be held by the Commission of the City of Miami Florida, on July 13, 1999 at 14: 00 4R, in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of hearing objections from any interested parties affected by the restriction of vehicular and pedestrian access to a portion of SW 57 Avenue Alley between West Flagler Street and SW 2 Street. All interested persons are invited to appear and may be heard concerning the restriction of vehicular and pedestrian access to a portion of the SW 57 Avenue Alley. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based. Walter J. Foeman City Clerk Miami, Florida 99- N