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Home My WebLink AboutR-97-0754J-97-750 10/17/97 RESOLUTION NO. 9 e 754 A RESOLUTION TO RESTRICT VEHICULAR .AND PEDESTRIAN ACCESS TO SOUTHWEST 3RD AVENUE ALLEY AT ITS INTERSECTION WITH THE EASTERLY SIDE OF SOUTHWEST 26TH ROAD IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS, AS MORE PARTICULARLY SET FORTH HEREIN. WHEREAS, the Southwest 3rd Avenue Alley between Southwest 25th Road and Southwest 26th Road is a partially improved public alley (hereinafter referred to as the "Alley"); and WHEREAS, the Alley is insufficiently wide and inadequately lighted to safely accommodate vehicular and pedestrian traffic; and WHEREAS, a majority of property owners of the property which is abutting the Alley, the Coral Way Manor Condominium Association, have expressed concern about unsafe conditions within this partially improved public alley and have petitioned the City to restrict vehicular and pedestrian access to the Alley at its intersection with the easterly side of Southwest 26th Road; and WHEREAS, the Police, Fire -Rescue and General Services Administration and Solid Waste Departments and utilities located thereon, if any, have been notified of the proposed vehicular and pedestrian access restriction of the Alley and have expressed no CITY C�S MEETING OF, OCT 2 8 W Resoluog" substantial objection or adverse comments to the restriction of vehicular and pedestrian access to the Alley at its intersection .with the easterly side of the Southwest 26th Road; and WHEREAS, -the proposed vehicular and pedestrian access restriction shall be accomplished by the placement of a fence with a gate across the Alley at its intersection with the easterly side of Southwest 26th Road, ensuring no access and no private use thereon, unless the Alley is vacated; and WHEREAS, Section 54-16 of the Code of the City of Miami, Florida, as amended, gives the City Commission.the power, after a properly advertised public hearing, to recommend that vehicular and pedestrian access to a particular alley 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 as to any objections to the implementation of prohibition of vehicular and pedestrian access to the Alley at its intersection with the easterly side of Southwest 26th Road 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: 97- 754 - 2 - Section 1. The recitals and findings set forth in the 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 3rd Avenue Alley ("Alley") at its intersection with the easterly side of Southwest 26th Road 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 gate to prohibit vehicular and pedestrian access, ensuring no access and no 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 gate; (c) the fence, gate and restricted portion of the public Alley shall be maintained by the Coral Way Manor Condominium Association 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 access to the Alley shall be borne by the Coral Way Manor Condominium Association. Section 3. This Resolution shall become effective immediately upon its adoption. - 3 9%- 754 LJ :7 PASSED AND ADOPTED this 28th AT WALTER CITY CLERK SUBMITTED B ES J. KA - IT DIRECTORr,FPUBLIC WORKS PREPARED ANDnAPPROVED BY: YAM I C I)T"Y ASSIS STAN / �!' C Y )IFTORNEY TO FORM AND CORRECTNESS: v A."Qu4NN J I CITY ATT EY W1953:BSS day of October 1997. JOE CAROL k6l MAYOR - 4 - 97- 754 CITY OF MIAMI, FLORIDA 40 INTER -OFFICE MEMORANDUM Honorable Mayor and Members OCT 1 7 TO : DATE : FILE of the City Commission SUBJECT Vehicular and Pedestrian Access Restriction to S. W. 3 Avenue Alley FROM REFERENCES: Edward Marqu City Manager ENCLOSURES : Resolution, Location Map RECOMMENDATION: The purpose of the public hearing is to hear comments and consider a Resolution authorizing the restriction of vehicular and pedestrian access to S. W. 3 Avenue Alley at its intersection with the easterly side of S. W. 26 Road. BACKGROUND: S. W. 3 Avenue Alley between S. W. 25 Road and S. W. 26 Road is a partially improved public alley. The right of way is insufficiently wide and inadequately lighted to safely accommodate vehicular or pedestrian traffic. A majority of the property owners of the Coral Way Manor Condo Association with a street address of 2530 Coral Way have expressed concern about the unsafe conditions and have petitioned the City to restrict access to S. W. 3 Avenue Alley at its intersection with "the easterly side of S. W. 26 Road. S. W. 3 Avenue Alley is currently not utilized to provide routine City services and the Police, Fire -Rescue and General Services Administration/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 gate across S. W. 3 Avenue Alley at its intersection with the easterly side of S. W. 26 Road. 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 gate. 97- 754 _ CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Walter J. Foeman DATE : October 16, 1997 FILE City Clerk SUBJECT : Request to Publish Notice of Public Hearing _ Restriction of Access to S. W. 3 Avenue Alley FROM : James J. Kay, Interi irector REFERENCES: Public Works Department . Advertisement ENCLOSURES: Please make arrangements to publish a Notice of Public Hearing for discussions pertaining to the RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS TO S.W. 3 AVENUE ALLEY AT ITS INTERSECTION WITH THE EASTERLY SIDE OF S.W. 26 ROAD. The Public Hearing has been scheduled for October 28, 1997 Please charge to index code: 310201-287. UHHrjf c: Civil Engineering Cost Analysis Len Helmers Central APPROVED: Elvi Alonso Agenda Coordinator 97_ 754 CITY OF MIAMI NOTICE OF PUBLIC HEARING A Public Hearing will be held by the Commission of the City of Miami, Florida, on October 28, 1997, at , 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 S. W. 3 Avenue Alley at its intersection with the easterly side of S. W. 26 Road. All interested persons are invited to appear and may be heard concerning the restriction of vehicular and pedestrian access to S. W. 3 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 97- 754 �I ALLEY v ck PROPOSED � � 6' ALLEY CLOSURE CORAL WAY MANOR � C CONDO ASSN. lb �j. 6 PROPOSED S.W. 3 AVENUE ALLEY CLOSURE