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HomeMy WebLinkAboutR-97-0698J-97-679 9/2/97 RESOLUTION NO. 9 7- 698 A RESOLUTION, WITH ATTACHMENT, RESCINDING RESOLUTION N0.9>5-7:31 ADOPTED OCTOBER 26, 1995, WHICH RESTRICTED VEHICULAR ' ACCESS TO N.E. 55 TERRACE AT ITS INTERSECTION WITH THE EAST SIDE OF NORTH BAYSHORE DRIVE IN THE CITY OF MIAMI, FLORIDA. WHEREAS, in response to property owners concerns about unsafe conditions and illegal activities occurring within the right of way of N.E. 55 Terrace, the City Commission adopted Resolution No. 95-731 on October 26, 1995 restricting vehicular access to N.E. 55 Terrace at its intersection with the east side of North Bayshore Drive in the City of Miami, Florida, subject to provisions contained therein; and WHEREAS, a portion of the proposed access restriction is located within a Historic Preservation District (HC-1) and subject to review by the City of Miami Historic and Environmental Preservation Board; and WHEREAS, at a properly advertised public hearing on December 9, 1996, the Historic and Environmental Preservation Board denied an application for a Certificate of Appropriateness for the installation of gates and a median across the driving lanes of N.E. 55 Terrace at the easterly right of way line of North Bayshore Drive; and WHEREAS, on February 27, 1997, the City Commission adopted Ordinance No. 11460 approving the Morningside Security Guard Special Taxing District, said Special Taxing District being approved by a majority vote of qualified electors on July 1, 1997; and Crry COMMISSION ATTACH E T () MEETING OF COTIE® OCT 14 1997 Resolution No. 9 698 WHEREAS, N.E. 55 Terrace at its intersection with North Bayshore Drive is included within the secured and barricaded Special Taxing District making a gate at this location no longer necessary; and WHEREAS, pursuant to due public notice, a public hearing was held on this date and after hearing from residents of the Morningside neighborhood and considering the findings of the Historic and Environmental Board, the City Commission finds that the restriction of vehicular access to and proposed gate on N.E. 55 Terrace at its intersection with the east side of North Bayshore Drive is no longer needed or desired by residents; and WHEREAS, the City Commission further finds it would be in the best interest of the public to rescind Resolution No. 95-731; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. 95-731, adopted October 26, 1995, which restricted vehicular access to N.E. 55 Terrace 'at its intersection with the east side of North Bayshore Drive in the City of Miami, Florida is hereby rescinded in its entirety. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of October , 1997. OE CAROLLO, YAYOR AT WALT J. F AN, CITY CLERK — 2 — 97 - 698 S BMITTED BY AMES J. KA , P.rMENT IM DIRECTOR PUBLIC WORKS DD/E�� PA AP PREPARED, ANQ PROVED BY: YAMIWMARRER0 TREHY ASS ANT CI ATTORNEY APPROV,ELyAS TO FORM AND CORREC ESS: A. UI JO S, CI Y. TTOR EY W1895:Y • h - 3 - 97- 698 �a�i�oa�s MEN y ��■1■ 11■1■■■ �NI■■/ lots 1011■r �1111■■ .. . a■■■moon ■1■11i11 AMMON ail■■■■■■ ■■■■�■■■■ ft■■■�■ - ■�■■■■■■r �■■■ing■ /■■■■■■■�1■1■ �l■i ■ mosin I ■ logo on .■■■■■■■■■■■■ .., UNION O■SI■■■■■■l��: . 1■■■■.0■ ■■■■■soon■■MEN I so -M%A" e T %AJAPW 00*W •A. SPECIAL TAX 40 DiSw • CITY OF MIAMI, FLORIDA { INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members of the City Commission Gc. FROM : Edward M r ez City Manage DATE OCT 2 FILE SUBJECT : Removal of Vehicular Access Restriction to N.E. 55 Terrace at North Bayshore Drive REFERENCES: ENCLOSURES Location Map, Resolution The purpose of the October 14, 1997 public hearing is to hear comments and consider a Resolution rescinding Resolution No. 95-731 that authorized the restriction of vehicular access to N.E. 55 Terrace at its intersection with North Bayshore Drive. BACKGROUND At the October 26, 1995 meeting, the City Commission adopted Resolution No. 95- 731 authorizing the restriction of vehicular access to N.E. 55 Terrace at its intersection with North Bayshore Drive. This action was in response to the concerns of residents on N.E: 55 Terrace and Morningside Park staff about loitering, parking in grass swales, dumping of trash and illegal activities occurring at the easterly end of N.E, 55 Terrace, especially during the hours when Morningside Park is closed. Since a portion of the proposed access restriction gates and median is located within the Morningside Historical Preservation District, a Certificate of Appropriateness is required for its installation. Based upon the evidence presented at a public hearing on December 9, 1996, the Historic and Environmental Preservation Board denied a application for a Certificate of Appropriateness for installation of the gates and median across N.E. 55 Terrace. The majority of Morningside residents in attendance applauded the board's denial of this application. Additionally, on February 27, 1997, the City Commission adopted Ordinance No. 11460 approving the Morningside Security Guard Special Taxing District. N.E. 55 Terrace at its intersection with North Bayshore Drive is included within this secure, barricaded district, making a gate at this location no longer necessary. Since a gate at this intersection is no longer needed or desired by residents, it is now in order to rescind the authorization for restriction of vehicular access at this intersection. 9. 7- 698 1 CITY OF MIAMI, FLORIDA 0 INTER -OFFICE MEMORANDUM TO Walter J. Foeman City Clerk FROM ames J. Kay, Interim ector Public Works Department DATE . September 2, 1997 FILE . SUBJECT Request to Publish Notice of Public Hearing Rescinding Authorization REFERENCES :To Restrict Vehicular Access - NE 55 Terrace ENCLOSURES Advertisement Please make arrangements to publish a Notice of Public Hearing for discussion pertaining to RESCINDING THE AUTHORIZATION TO RESTRICT VEHICULAR ACCESS TO N.E. 55 TERRACE AT ITS INTERSECTION WITH THE EAST SIDE OF NORTH BAYSHORE DRIVE. The Public Hearing has been scheduled for October 14, 1997 Please charge to index code: 310201-287 APPROVED vI G. Alonso Agenda Coordinator AIP/m CC: Civil Engineering Cost Analysis Len Helmers Central 3 9'7- 698 0 .0 CITY OF MIAMI NOTICE OF PUBLIC HEARING A Public Hearing will be held by the Commission of the City of Miami, Florida, on October 14, 1997, at A.M. , in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of hearing from any interested parties affected by RESCINDING THE AUTHORIZATION TO RESTRICT VEHICULAR ACCESS TO N.E. 55 TERRACE AT ITS INTERSECTION WITH THE EAST SIDE OF NORTH BAYSHORE DRIVE. All interested persons are invited to appear and may be heard concerning the rescinding the authorization to restrict vehicular access to N.E. 55 Terrace at its intersection with the east side of North Bayshore Drive. 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 5 97 698