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HomeMy WebLinkAboutR-17-0013City of Miami Legislation Resolution R-17-0013 File Number: 1345 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/12/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER A PUBLIC HEARING, MAKING FINDINGS AND RESCINDING RESOLUTION NO. 89-211, ADOPTED FEBRUARY 23, 1989, THAT PROVIDED FOR THE PERMANENT PROHIBITION OF VEHICULAR ACCESS TO SOUTHWEST 33RD AVENUE SOUTH OF ITS INTERSECTION WITH SOUTHWEST 21ST STREET, IN THE CORAL GATE NEIGHBORHOOD, MIAMI, FLORIDA, CONDITIONED UPON ACCESS FOR EMERGENCY VEHICLES AT ALL TIMES THROUGH THE PERMANENT BARRICADE, AND SUBSTITUTING THIS NEW RESOLUTION PROVIDING FOR THE PERMANENT PROHIBITION OF VEHICULAR ACCESS TO SOUTHWEST 33RD AVENUE SOUTH OF ITS INTERSECTION WITH SOUTHWEST 21ST STREET, IN THE CORAL GATE NEIGHBORHOOD, MIAMI, FLORIDA, WITHOUT CONDITIONS AND PURSUANT TO THE TERMS HEREIN, SUBJECT TO THE APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR; AUTHORIZING THE CITY MANAGER TO PLACE AND ERECT A WALL ACROSS THE ENTIRE WIDTH OF THE RIGHT-OF-WAY AT THE BARRICADE LOCATION; FURTHER DIRECTING THAT ACCESS FOR PEDESTRIANS SHALL BE PROVIDED AT ALL TIMES THROUGH THE WALL; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR. WHEREAS, on February 23, 1989, the City Commission adopted Resolution No. 89-211 directing the permanent prohibition of vehicular access to Southwest 33rd Avenue south of its intersection with Southwest 21 st Street, in the Coral Gate neighborhood, Miami, Florida, subject to certain conditions; and WHEREAS, Section 54-16 of the Code of the City of Miami, Florida, as amended empowers the City Commission to prohibit vehicular access in accordance with its provisions; and WHEREAS, a condition of approval of the prohibition of vehicular access was that access for emergency vehicles be provided at all times through the barricade; and WHEREAS, the City of Miami ("City") Fire -Rescue Department has subsequently opened the Shenandoah Fire -Rescue facility temporarily located at 2511 Southwest 19th Street, Miami, Florida; and WHEREAS, the new fire -rescue facility provides improved emergency service to the Coral Gate neighborhood, thereby changing the conditions under which the barricade was originally approved; and WHEREAS, the City's Public Works, Police, Fire -Rescue and Solid Waste Departments have re-evaluated the effects of the permanent vehicular access restriction upon their respective operations based on the changed conditions and have expressed no objection to the elimination of the condition that access for emergency vehicles be provided at all times through the barricade located across Southwest 33rd Avenue south of its intersection with Southwest City of Miami Page 1 of 3 File ID: 1345 (Revision:) Printed On: 4/24/2017 File ID: 1345 Enactment Number: R-17-0013 21 st Street, Miami, Florida, and the Department of Public Works concurs and has initiated this request; and WHEREAS, pursuant to due public notice, a public hearing is scheduled before the City Commission regarding any objections to the rescinding of Resolution No. 89-211 thereby eliminating the condition that access for emergency vehicles be provided at all times through the barricade located across Southwest 33rd Avenue south of its intersection with Southwest 21 st Street, Miami, Florida, and passing this Resolution prohibiting vehicular access as provided herein; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission, after a public hearing making findings hereby rescinds Resolution No. 89-211, adopted February 23, 1989, that provided for the permanent prohibition of vehicular access to Southwest 33rd Avenue south of its intersection with Southwest 21 st Street, in the Coral Gate neighborhood, Miami, Florida, conditioned upon access for emergency vehicles at all times through the permanent barricade, and substituting this new Resolution providing for the permanent prohibition of vehicular access to Southwest 33rd Avenue south of its intersection with Southwest 21st Street, in the Coral Gate neighborhood, Miami, Florida, without the emergency vehicle access condition, and pursuant to the terms herein, subject to the approval of the Miami -Dade County Traffic Director. Section 3. The City Manager is authorized' to place and erect a wall across the entire width of the right-of-way at the permanent barricade location across Southwest 33rd Avenue south of its intersection with Southwest 21 st Street, in the Coral Gate neighborhood in the City of Miami, Florida. Section 4. The Miami City Commission further directs that pedestrian access be provided at all times through the wall across Southwest 33rd Avenue south of its intersection with Southwest 21 st Street, Miami, Florida. Section 5. The City Clerk is directed to transmit a copy of this Resolution to the Miami - Dade County Traffic Director. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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. City of Miami Page 2 of 3 File ID: 1345 (Revision:) Printed on: 4/24/2017 File ID: 1345 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i ' ndez, City Attor ey 12/28/2016 Enactment Number: R-17-0013 City of Miami Page 3 of 3 File ID: 1345 (Revision:) Printed on: 4/24/2017