HomeMy WebLinkAboutSubstitution Memo From City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO -,Vo or ble Mayor and Members of the City Commission
2
FROM: Vic is Mendez, City Attorney
DATE: July 15, 2020
RE: July 23, 2020, Virtual Commission Meeting Agenda — Substitution of SR.4-
Modifying the Base Building Lines (Width) of Nonstandard Rights -of -Way
for Northeast 1St Avenue between Northeast 5th Street and Northeast 6th Street
and Northeast 10th Street and Northeast 12th Street as well as Southwest 28th
Avenue between Southwest 10th Street and Southwest l Ot' Terrace
File No. 7566
Item SRA on the July 23, 2020 City Commission Agenda is being substituted to
reflect an inadvertently omitted change of street width for Northeast 1St Avenue between
Northeast 10th Street and Northeast 11th Street. The prior version of this ordinance
addressed the width between Northeast 11th Street and Northeast 12" Street on Northeast
1 St Avenue, inadvertently omitting the 1000 block of Northeast 1 St Avenue.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/DSG/lt
7566 Substitution Memo from City Attorney
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7566 Substitution Memo from City Attorney
City of Miami
514
Legislation
Ordinance:
File Number: 7566
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS/BASE
BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE
WIDTH OF NORTHEAST 1ST AVENUE FROM NORTHEAST 5TH STREET TO
NORTHEAST 6TH STREET AND NORTHEAST 10TH STREET TO NORTHEAST
12TH STREET AND MODIFYING THE WIDTH OF SOUTHWEST 28TH AVENUE
FROM SOUTHWEST 10TH TERRACE TO SOUTHWEST 10TH STREET, MIAMI,
FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Keon Hardemon
WHEREAS, Article V of Chapter 54 of the Code of the City of Miami, Florida, as
amended ("City Code"), establishes the location of base building lines for all public streets within
the City of Miami ("City"); and !�
WHEREAS, Northeast 1st Avenue between Northeast 2nd Street and NortheasM14tir,
Street was originally dedicated as a 50 -foot -wide right-of-way by the recording of the'k
Knowlton Map of Miami, Dade County, Florida on June 9, 1896; and oy Cn
WHEREAS, in 1985, the City Code was amended to establish a zoned right -of-"
width of 95 feet for Northeast 1st Avenue between Northeast 2nd Street and Northeaslh c
Street, Miami, Florida, to accommodate the development envisioned by the Southeast r�
Overtown/Park West Redevelopment Plan adopted that same year; and
WHEREAS, the zoned right-of-way width for the segments of Northeast 1st Avenue
located between East Flagler Street and Northeast 5th Street, between Northeast 8th Street
and Northeast 9th Street, and between Northeast 12th Street and Northeast 15th Street were
subsequently reduced to 70 feet.
WHEREAS, the segment of Northeast 1st Avenue between Northeast 5th Street and
Northeast 6th Street has not been constructed to the full 95 -foot width; and
WHEREAS, there is existing and historical development on the west side of the segment
of Northeast 1 st Avenue between Northeast 5th Street and Northeast 6th Street that precludes
the segment from ever reaching its full 95 -foot width in the future; and
WHEREAS, the segment of Northeast 1st Avenue between Northeast 10th Street and
Northeast 12th Street, running beneath Interstate 395 ("1-395"), has not been constructed to its
full 95 -foot width; and
WHEREAS, plans for the Florida Department of Transportation's project for 1-395 do not
utilize the current zoned right-of-way width of 95 feet; and
City of Miami Page 1 of 6 File /D: 7566 (Revision:) Printed On: 7/7/2020
File ID: 7566 Enactment Number:
WHEREAS, the City Administration's review of this transportation corridor has
determined that a right-of-way width of 70 feet will provide for sufficient space between the
street fronts of buildings and structures and enhance the safety and general welfare of the
surrounding areas by encouraging the efficient use and development of adjacent lots while
improving the pedestrian experience; and
WHEREAS, the City's Police Department, Fire -Rescue Department, and Solid Waste
Department have evaluated the effect of the modification of the zoned street width of this
roadway on their operations and have no substantial objections; and
WHEREAS, the segment of Southwest 28"' Avenue between Southwest 10th Street and
Southwest 10"' Terrace is a portion of a right-of-way with a total length of 599.19 feet that dead -
ends to the North and South; and
WHEREAS, the South 156.07 feet of the portion of Southwest 28'" Avenue has already
been previously designated as an alley; and
WHEREAS, the remaining portion of the Southwest 28"' Avenue right-of-way has not
been dedicated to the full width of 50 feet; and
WHEREAS, a sidewalk has already been constructed on the East side of this segment;
of Southwest 28"' Avenue and
WHEREAS, the private properties abutting this segment are zoned T4 -R (General Urban
Transect Zone — Restricted) for the North 109 feet and T3-0 (Sub -urban Transect Zone — Open)
for the remaining 94.68 feet to the South pursuant to Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida; and
WHEREAS, this change to the right-of-way width for Southwest 28th Avenue is
consistent with Resilience and Public Works' requirements as a parking lane is not required for
in a T3-0 (Sub -urban Transect Zone — Open) according to the standard street cross-section of
the Resilience and Public Works' Engineering Standards;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 54/Article V/Section 54-190 of the City Code, titled "Streets Ad CIN4
Sidewalks/Base Building Lines/Nonstandard Street Widths", is amended in the following; Q
particulars:' `—?;� c
"CHAPTER 54 •Y; vn
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STREETS AND SIDEWALKS
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' Words and/or figures stricken through shall be deleted. Underscored words and/or figures sha be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 6 File ID: 7566 (Revision:) Printed on: 7/7/2020
File ID: 7566 Enactment Number:
ARTICLE V. BASE BUILDING LINES
(108) 1st Avenue, N.E., N.E. 2nd Street to N.E. 56th Street and N.E. 8th Street to
N.E. 9th Street and N.E. 42 -10th Street to N.E. 17th Street ..... 35
(109) 1st Avenue, N.E., N.E. 66th Street to N.E. 8th Street and N.E. 9th Street to N.E.
4 -2 -10th Street ..... 47.5
(186) 28th Avenue, S.W., from the south boundary of "South Bay Estates,"
approximately 333 feet south of the centerline of S.W. 27th Street to the north boundary of
"South Bay Estates," approximately 339 feet north of the centerline of S.W. 27th Street .....15
(187) 28th Avenue, S.W., from SW 10th Street to SW 10th Terrace ..... 21.75
(4188) 28th Court, S.W., from the south boundary of "South Bay Estates,"
approximately 332 feet south of the centerline of S.W. 27th Street to the north boundary of
"South Bay Estates," approximately 340 feet north of the centerline of S.W. 27th Street .....15
(4491q9
3 29th Avenue, S.W., S.W. 27th Street north approximately 341 feet to
north boundary of "South Bay Estates" .....15
(1-190) 29th Court, S.W., S.W. 27th Street north approximately 342 feet to north
boundary of "South Bay Estates" .....15
(49919 29th Place, S.W., S.W. 27th Street north approximately 342 feet to north
boundary of "South Bay Estates" .....15
City of Miami Page 3 of 6 File ID: 7566 (Revision:) Printed on: 7/7/2020
Sec. 54-190. Nonstandard street widths.
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Base building lines shall be located from the
centerline as specified for each 06!;
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following streets:
;tel
Streets, Avenues, Roads,
Distance in Feet From C-
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3
Etc., In Alphabetical Order
Centerline to Base Building Ll
w.
(108) 1st Avenue, N.E., N.E. 2nd Street to N.E. 56th Street and N.E. 8th Street to
N.E. 9th Street and N.E. 42 -10th Street to N.E. 17th Street ..... 35
(109) 1st Avenue, N.E., N.E. 66th Street to N.E. 8th Street and N.E. 9th Street to N.E.
4 -2 -10th Street ..... 47.5
(186) 28th Avenue, S.W., from the south boundary of "South Bay Estates,"
approximately 333 feet south of the centerline of S.W. 27th Street to the north boundary of
"South Bay Estates," approximately 339 feet north of the centerline of S.W. 27th Street .....15
(187) 28th Avenue, S.W., from SW 10th Street to SW 10th Terrace ..... 21.75
(4188) 28th Court, S.W., from the south boundary of "South Bay Estates,"
approximately 332 feet south of the centerline of S.W. 27th Street to the north boundary of
"South Bay Estates," approximately 340 feet north of the centerline of S.W. 27th Street .....15
(4491q9
3 29th Avenue, S.W., S.W. 27th Street north approximately 341 feet to
north boundary of "South Bay Estates" .....15
(1-190) 29th Court, S.W., S.W. 27th Street north approximately 342 feet to north
boundary of "South Bay Estates" .....15
(49919 29th Place, S.W., S.W. 27th Street north approximately 342 feet to north
boundary of "South Bay Estates" .....15
City of Miami Page 3 of 6 File ID: 7566 (Revision:) Printed on: 7/7/2020
He IM 7066 Enactment Number:
(484IL2) 32nd Avenue, S.W., S.W. 8th Street to S.W. 16th Street .....30
(4.92 32nd Avenue, S.W. (McDonald Street), Grand Avenue to S.W. 16th
Street .....35
(4831 33rd Avenue, S.W., S.W. 203, 28th Street to S.W. 29th Terrace .....15
(4841 34th Avenue, S.W., S.W. 12th Street to S.W. 16th Street .....20
(4861 36th Court, S.W., S.W. 17th Street south for approximately 140 feet
.....20
(49 6197) 37th Avenue, S.W. and N.W. (Douglas Road), south city limits to N.W.
7th Street .....35
(487-j.L8)
40th Avenue, S.W., S.W. 7th Street northerly to dead end nortt6of SIV.
6th Street .....12.5
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(4961)
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40th Avenue, S.W., or S.W. 7th Street to S.W. 8th Street ........ a�
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(4982
42nd Avenue, S.W. (Le Jeune Road), Flagler Street to S.W. 89 Stl4%-t
.....44.5
(2-082 42nd Avenue, S.W. (Le Jeune Road), approximately 475 feet north of
the north boundary of block 10 (south property line of Loquat Avenue) Sunshine Vista
Subdivision (16-19), to the south city limits .....35
City of Miami Page 4 of 6 File ID: 7566 (Revision:,) Printed on: 717/2020
File ID: 7566 Enactment Number:
...50
.....15
(24420J2 42nd Avenue, N.W. (Le Jeune Road), Flagler Street to north city limits
(2-Q2Dj3 48th Avenue, N.W., Flagler Street to N.W. 3rd Street .....12.5
(2432�Q4J 57th Avenue, N.W. and S.W., N.W. 7th Street to S.W. 8th Street .....40
(2-0420J5 62nd Avenue, N.W. and S.W., south city limits to north city limits .....35
(246?Q6j 67th Avenue, N.W. and S.W., south city limits to north city limits .....35
(2962 Ah-We-Wa Street, Tigertail Avenue to South Bayshore Drive .....12.5
(297-2 Bay Homes Drive, north, from Douglas Road to South Bay Homes Drive
(293209 Bayview Road, Main Highway Southeast to its terminus .....12.5
(2-04210 Bird Avenue, S.W., 27th Avenue to west city limits .....35
(24-821lj Biscayne Boulevard, south line of N.E. 6th Street to the north line of
N.E. 12th Street .....75
(2-1-212, Biscayne Boulevard, centerline of N.E. 55th Terrace to a point 130.6
feet south of centerline of N.E. 61st Street .....45
av
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(24221J3
Biscayne Boulevard from a point 130.6 feet south of centerlinenPF Ng.
61st Street to north
city limits .....45
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(21-3214
Bonita Avenue, Le Jeune Road to Braganza Street .....20
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(244215J
Braganza Street, Hardie Avenue to Kiaora Street .....20 3n
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to
(2-�52�
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Brooker Street (east side), South Dixie Highway to Oak Avenu ...
..
2.5
Oak Avenue to Grand Avenue .....15
(246ZU7 Brooker Street in Pomona Subdivision .....12.5
(247-218J Brickell Avenue, S.E., S.E. 8th Street to the north line of S.E. 5th Street,
as shown on the plat of Brickell Point (8-93) .....60
(2-14219J Chucanatah Road, Tigertail to end .....15
(2-442 Coacoochee Street, South Bayshore Drive to Espanola Drive .....15
(=221) Coral Way (S.W. 22nd Street), S.W. 13th Avenue to west city limits
...50
City of Miami Page 5 of 6 File ID: 7566 (Revision:) Printed on: 7/7/2020
File ID: 7566 Enacbnent Number.
(222) Devon Road, easterly of Main Highway .....20
(=22J3 Emathla Street, Tigertail Avenue to South Bayshore Drive .....15
(2242L4j Federal Highway, N.E. 36th Street to the westerly extension of the
southerly limited access right-of-way line of the 36th Street Expressway S.R. No. 25 .....37.5
(225) Flagler Street, West, North Miami Avenue to West 1st Avenue .....37.5
*If
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.z
APPROVED AS TO FORM AND CORRECTNESS:
2 This Ordinance shall become effective a//s specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 6 of 6 File ID: 7566 (Revision:) Printed on: 7/7/2020
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2 This Ordinance shall become effective a//s specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 6 of 6 File ID: 7566 (Revision:) Printed on: 7/7/2020