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Home My WebLink AboutO-11835J-99-724 9/21/99 ORDINANCE NO. AN EMERGENCY 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, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS,", TO MODIFY THE WIDTH OF NORTHEAST THROUGH SOUTHEAST FIRST AVENUE FROM NORTHEAST THROUGH SOUTHEAST SECOND STREET TO NORTHEAST FIRST AVENUE FROM EAST FLAGLER STREET TO NORTHEAST SECOND STREET, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND'• A SEVERABILITY_CLAUSE, AND, _PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article V of Chapter 54 of the Miami City Code establishes base building line locations for all public streets within the City of Miami; and WHEREAS, Northeast 1st Avenue between East Flagler Street and Northeast 2nd Street is a fully developed 50 foot wide roadway and many of the structures on private property were constructed abutting the property line established by a 50 foot wide right of way; and WHEREAS, the City Administration's review of this transportation corridor reveals that the current 50 foot wide developed roadways adequately serves the present and future transportation needs of the public and the central business district; and WHEREAS, for the adjacent landowners to enjoy full use of their property to enhance and sustain the central business 11835 district, the zoned street width of this section of Northeast lst Avenue must be reduced from 70 feet to 50 feet; and WHEREAS, the Police, Fire Rescue and Solid Waste Departments have evaluated the effects of the reduction of the zoned street width of this section of Northeast lst Avenue on their operations and have no substantial objections; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 54/Article V/Section 54-190 of the Code of the City of Miami, Florida, as amended, entitled "Streets and Sidewalks/Base Building Lines/Nonstandard Street Widths," is hereby amended in the following particulars'/ "CHAPTER 54 STREETS AND SIDEWALKS words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 835 • • ARTICLE V. BASE BUILDING LINES Sec. 54-190. Nonstandard street widths. Base building lines shall be located from the centerline as specified for each of the following streets: Streets, Avenues, Roads Distance in Feet from Etc. in Alphabetical Order Centerline to Base Building Line (10 7 ) 1st Avenue, N.E. anel G . End —fir. from Fast Flagler Street to G.E. �, 2nd Street 35 Section 3. Effective date. The provisions set forth in this Ordinance shall become effective the first day of the month following the effective date of the adoption of this Ordinance. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City - 3 - • of Miami. Section 7. The requirement of reading this Ordinance on two separate days is hereby dispensed with.by an affirmative vote of not less than four -fifths of the members of the Commission. Section 8. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED BY TITLE ONLY this 21st day of September , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-30s since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation no i becomes effective with the elapse often (10) days from the date o ommissicn ;one regarding same, without the Mayor exercisin to. a ATTEST: VTF 1ter . F n, erk WALTER J_.FOEMAN CITY CLERK TNESS:t% [eEJ ,.O VIE.. IT TORNEY 2:RCL:BSS 2i If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. - 4 - 11835 A ® CITY OF MIAMI, FLORIDA • INTER -OFFICE MEMORANDUM TO The Honorable Mayor and Members of the City Commission FROM: onald H. Warshaw City Manager RECOMMENDATION 3 DATE: AUG r� C. FILE SUBJECT: Amendment to City Code First Reading of Ordinance Amending Code Section 54-190 REFERENCES: ENCLOSURES: Location Map It is respectfully recommended that the City Commission adopt the attached Ordinance amending Chapter 54 of the Code of the City of Miami entitled "Streets and Sidewalks" by amending Section 54-190 entitled "Nonstandard Street Widths". BACKGROUND The owners of commercial property in downtown Miami located at 40 NE 1 Avenue are currently contemplating developing new commercial retail shops on the west side of NE 1 Avenue. Since the zoned right of way width of NE 1 Avenue reserved for future widening is wider than the currently dedicated 50 feet of right of way width, the owners are prevented from developing the retail shops to full capacity. The owners have requested that the City consider the reduction of the zoned width of NE 1 Avenue between East Flagler Street and NE 1 Street. This request prompted the Public Works Department to undertake a complete review to assess the necessity for continuing the protection of the additional zoned street width for the NE 1 Avenue corridor between East Flagler Street and NE 2 Street with the following results and recommendations. The original platted subdivisions that created NE 1 Avenue within the described limits dedicated a right of way width of 50 feet. The road was subsequently developed with pavement,. curb and gutter and sidewalk conforming to the 50 foot wide right of way and many of the structures on private property were constructed abutting the property line established by a 50 foot wide roadway. NE 1 Avenue is currently a fully developed roadway within the established Downtown Central Business District that conforms to the City°s Comprehensive Plan. Prior to Comprehensive Zoning Ordinance 6671, the City of Miami Commission, by Ordinance, established a zoned base building line width of 70 feet for this roadway thereby reserving additional property in anticipation of future roadway widening. None of the additional reserved private property has been dedicated for street purposes. StreetW i dth-MEMO 11835 The Honorable Mayor and Members of the City Commission Page No. 2 Amendment to City Code - First Reading of Ordinance Amending Code Section 54-190 The Public, Works Department's review of this transportation corridor reveals that the current 50 foot wide developed roadway adequately serves the transportation needs of the, public and the business district. The existing and future planned development within the district is consistent with the.City's Zoning Ordinance and Comprehensive Plan and the protection of the additional property is no longer necessary for this transportation facility: It is respectfully, recommended' 'to the City of Miami Commission that the zoned based building line width of NE 1 Avenue between East Flagler Street and NE 2 Street be reduced from 70 feet wide to.the original developed 50,:foot right, of, way width to conform with current and .future regulated development and permit the adjacent landowners to enjoy full use of their property to enhance the business district. All building setbacks would be measured from the new base building line thereby permitting the owners to develop their property to its full capacity. llY • DHW/ / mm StreetW i dth-MEMO NN FROM • CITY OF MIAMI. FLORIDA 0 INTER -OFFICE MEMORANDUM Waiter J. Foeman DATE: August 17, 1999 City Clerk SUBJECT. Request to Publish Notice Of Public Hearing - Ordinance Amending Code Section 54-190 James J. ay, D ector REFERENCES : Public Works Department ENCLOSURES: FILE : Please make arrangements to publish a Notice of Public Hearing for objections to a proposed amendment to Section 54-190 of the Code of the City of Miami, Florida, as amended, entitled "Nonstandard Street Widths". The public hearing has been scheduled for September 14, 1999. Please charge to Index Code 310201-287 JJ K/m c: Civil Engineering Cost Analysis Len Helmers Central StreetWidth-MEMO APPROVE Elvi G. Alonso Agenda Coordinator 11835 CITY OF MIAMI, FLORIDA NOTICE OF PUBLIC HEARING A public hearing will be held by the Commission of the City of Miami, Florida, on September 14, 1999, at 10'W A.A 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 proposed Amendment to Section 54-190 of the Code of the City of Miami, Florida, as amended, entitled "Nonstandard Street Widths" by reducing the zoned right of way width of NE 1 Avenue between East Flagler Street and NE 2 Street from 70 feet to 50 feet. All interested persons are invited to appear and may be heard concerning this reduction in zoned right of way width. 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 StreetWidth-MEMO 11835 ST. N.E. 3 ST. �i t M.E. P. ri E. FL:GLEN ST. PROPOSED ZONED WIDTH REDUCTION FROM 70' TO 50' ZONED WIDTH REDUCTION LOCATION NORTHEAST I AVENUE 11835 J-99-724 9/1/99 ORDINANCE NO. ORDINANCE OF THE MIAMI CITY COMMISSION NDING CHAPTER 54 OF THE CODE OF THE CITY OFF MIAMI, FLORIDA., AS AMENDED, ENTITLED "ST ETS - "AND SIDEWALKS BY 'AMENDING i SECT N.54-190, ENTITLED "NONSTANDARD STREET WIDTH '; BY MODIFYING THE WIDTH OF FIRST AVENUE ROM EAST FLAGLER STREET TO SOUTHEAST SECOND REST, MIAMI, FLORIDA; CONTAINING A REPEALERROVISION AND A SEVERABILITY CLAUSE, AND 'PROF I G FOR AN EFFECTIVE DATE. WHEREAS, Article`"- of Chapter 54 of the ,Miami City Code establishes base building ine locations for all public streets Within the City of Miami; an WHEREAS, Northeast 1st A ue between. East Flagler Street and Northeast 2na Street is a ully developed 5O foot wide roadway and' many of the structu on private property were. constructed abutting the property- 11a established by a 50. foot wide right of way.; and. WHEREAS, the City Administratio 's review of this transportation corridor reveals that the rrent 50 foot wide developed roadways adequately serves the sent and future transportation needs of the public and the ntral 'business` district; and WHEREAS, for the adjacent landowners* to enjo u11 use of and stain the centr'a1 business their property to enhance a sustain district, the zoned street width of this section of No ' ast 15C 11835. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11835 XXXXX inthe.....................................�...................................... Court, veCs Tblished iq *4itJ qws er in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any perso or corporation any discoun rebate, commis ' r refun for the purpose of securi is advertis r public tion in the said newsy ern _ 1 S�D t( vB$S bscribed before me ........day of..................�...�.................................... A.D. 19...... ............. (SEAL) (9�R—Y�..pOF Octelma V.jFQ Byre p�f nl ,t�4e�RY SEAL .�,. _ � f YL H MARMER . �, i .rl C6Cf,At16S70;; kUlFiDEq 7 Q CC545384 �E MY COfIWISSION EXPIRES O OCr APR. 12,2000 CITYY OF MIAI@I,.FLORIDA e:{•:... L.EGAL. NOTICE All interested persons will take notice that on the 21 st day of Sep tember, 1999, the City Commission of Miami, Florida adopted the fol- lowing titled ordinances: ORDINANCE NO. 11833 AN ORDINANCE OF THE MIAMI "CITY COMMISSION AMENDING CHAPTER 2/ARTICLE,XI OF THE CODE OF THE CITY OF'MIAMI; FLORIDA; AS -AMENDED, ENTITLED; "ADMINISTRATION/BOARDS,' .COMMITTEES, COMMIS- SIONT, TO.ESTABLISH THE PARKS ADVISORY BOARD, TO -'SET :FORTH SAID BOARD'S PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR MEMBERSHIP, QUALIFI, CATIONS,..TERMS.OF OFFICE, FILLING OF VACANCIES, OFFICERS; MEETINGS, •QUORUM AND ATTENDANCE REQUIREMENTS, "AND ASSIGNMENT OF- STAFF, AND TO PROVIDE FOR THE "SUNSET', REVIEW OF.SAID BOARD EVERY FOUR YEARS; MORE PARTICULARLY BY ADDING TO ARTICLE XI.NEW DIVISION 11, AND BY AMENDING SECTION 2-887 AND 2-892 OF SAID CODE; CONTAINING A REPEALER . PROVISION AND -'A. SEVERABILITY. CLAUSE. `• ` -•` ,ORDINANCEN0:11634" AN 'ORDINANCE OF .THE MIAMI CITY COMMISSION, AMENDING'. CHAPTER 53/ARTICLE IV, OF. THE. CODE OF P THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED' "CONVENTION .CENTER . OF THE. CITY OF MI AMI/UNIVERSITY OF. MIAMI; -JAMES L. KNIGHT BYE CHANGING THE RATE SCHEDULE FOR THE' USE,QNDA, I OCCUPANCY OF AND THE SERVICES FURNISHEQDRX...l TO BE FURNISHED IN CONNECTION *WITH THE WeL f CONVENTION CENTER, CONTAINING A" REP flfln PROVISION•AND A SEVERABILITY CLAUSE AND AOM VI DING FOR, AN EFFECTIVE DATE S ORDINANCE`NO.1183 AN EMERGENCY ORDINANC. MIAM- COMMISSION. AMENDING CHAPTER 54 OF THE C(;QE., THE CITY OF:MIAMI, FLORIDA;'`AS"AMENDED, �E L "STREETS,.AND SIDEWALKS" BY -'AMENDING SECTI 19 R 54-190, ENTITLED "NONSTANDARD STREET WIDTHS;' MODIFYING THE WIDTH OF FIRST AVENUE FROM EAST FLAGLER STREET, TO SOUTHEAST SECOND STREET, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. •Said ordinances may be inspected by, the public at the Office of the City Clerk, 3500 Pan American Drive; Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. 0 Walter J. Foeman' B 96 O a P 9�£C4.F�OQ� City Clerk t 9-A, ; nni s4t U0 rn