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Home My WebLink AboutO-11149J-94-32 12/6/93 11149 ORDINANCE NO. .AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY AMENDING SECTION 54-104 ENTITLED "NONSTANDARD STREET WIDTHS" BY MODIFYING THE WIDTH OF A CERTAIN STREET; CONTAINING A REPEALER PROVISION, 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, Southwest 8th Avenue between West Flagler Street and Southwest 8th 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 roadway adequately serves the present and future transportation needs of the public and a stabilized residential/mixed use community; and WHEREAS, for the adjacent landowners to enjoy full use of their_ property to enhance the residential community and sustain viable small business, the zoned street width of this section of 11-1i.ith.west 9th Avenue must be reduced from 70 feet to 50 feet; and 11149 WHEREAS, the Police, Fire, Rescue and Inspection Services and Solid Waste Departments have evaluated the effects of the reduction of the zoned street width of this section of Southwest 8th 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. Section 54-104 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: 1/ "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE V. BASE BUILDING LINES Sec. 54-104. Nonstandard street widths. Bade building lines shall. be located front the centerline as specified for each of the following streets: (148) 8th Avenue, S.W. and-N.W., S- Oth Stre_4a West Flagler Street to N.W. 4th Street.....................................35 Section 2. All Ordinances, or parts of Ordinances insofar as they are inconsistent or in conflict with provisions of this Ordinance are hereby repealed. 1/ Words and/or figures stricken through shall be deleted.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 - 11149 Section 3. 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 4. This Ordinance shall become effective 30 days after final reading and adoption thereof, pursuant to law. PASSED ON FIRST READING BY TITLE ONLY this of April , 1994. 14th PASSED AND ADOPTED ON SECOND AND FINAL READING this 5th day of May 1994. L_ S PHEN P. CLARK MAYOR ATT MATTY HIRAI CITY CLERK SUBMITTED BY: WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS LEGAL REVIEW: 4-1 G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY ZONING/DEVELOPMENT DIVISION APPROVED AS TO FORM AND CORRECTNESS: WffyN J N , II Ir CITY ATTO N - 3 - day 11149 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 41 TO Honorable Mayor and Members (DATE 'JAN 4 19,E".. FILE of the City Commission SUBJECT Amendment to City Code First Reading of Ordinance Amending Code Section 54-104 FROM REFERENCES Cesar O ENCLOSURES City ger Ordinance, Location Map RECOMMENDATION: 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 54-104 entitled "Nonstandard Street Widths". BACKGROUND: The owners of Teatro Marti, located at 420 S.W. 8th Avenue, desire to remodel and renovate the theater including enlargement of the reception area to better serve the public. The planned expansion of the reception area would be located on private property behind the existing sidewalk on S.W. 8th Avenue, however, would encroach into the undedicated zoned street right of way width. Representatives for the theater have requested permission from the City to allow the expansion of the reception area into the undedicated portion of the zoned right of way. 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 Southwest 8th Avenue corridor between West Flagler Street and Southwest 8th Street with the following results and recommendations. A majority of the original platted subdivisions that created Southwest 8th 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. Southwest 8th Avenue is currently a fully developed roadway within an 'established residential, limited small business commercial and office neighborhood that conforms to the City's Comprehensive Plan. Page 1 of 2 11149 i Honorable Mayor and Members of the City Commission On May 28, 1982, Southwest 8th Avenue was transferred to State responsibility and designated as State Road 7, Section 87140. Significantly prior to this transfer, the City of Miami Commission, by Ordinance, established a zoned base building line width of 70 feet for this roadway thereby reserving, for future roadway widening, additional property in anticipation of intensified development. With the exception of one 50 foot wide lot, none of the additional reserved private property has been dedicated for street purposes. 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 a stabilized residential/mixed use community. The existing and future planned development within the community is consistent with the City's Zoning Ordinance and Comprehensive Plan. Intensified development is not planned or anticipated within the community or on the connecting primary roadways 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 base building line width of Southwest 8th Avenue between West Flagler Street and Southwest 8th 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 residential community and sustain viable small business. All building setbacks would be measured from the new base building line thereby permitting Teatro Marti to complete the renovation of the theater and expansion of the reception area. Page 2 of 2 11149 P:j .01-AGLEkp STREET STREET PQOPOSEo ZONED wlorN kF.wcT/On! FQOM 70' rO 50' S.W. 2 STREET �• � � ' uj 5. w. 3 STAQEET Q 5. w. 4 SMEET ON rFArRO V MAQT( ' N 3 5. w. 5 STREET N � 5. W. Cv STREET •. DC W Q(vE25(DE Z PA QK j Q �00C 5 �n/ 7 5TQEET 5. vv. 8 smc-ET �nnF- LOCATIONP 11149 Q.Tlitv of �tarltt MATTY HIRAI City Clerk July 6, 1994 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11130 11131 11132 11137 11148 11149 11150 11151 11155 If I can be of any further assistance, please do not hesitate to call. Very truly ours, Valerie Greenwood Deputy Clerk Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 (11,t#14 af �NYttmi MATTY HIRAI City Clerk July 6, 1994 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City, of Miami, Florida: 11130 11131 11132 11137 11148 11149 11150 11151 11155 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: 0-0p�' DEPUTY CLERIV- RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 10.1i#g of �tarjat MATTY HIRAI NN 01 City Clerk G uun .uro �3 u u c Gf O V%C�Q� July 6, 1994 Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: CESAR H. ODIO City Manager Enclosed herewith please find a' copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11130 11131 11132 11137 11148 11149 11150 11151 11155 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk DEPUTY CLE? RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 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, FLORIDA LEGAL NOTICE ORD. NO. 11149 inthe......................XXK.XXXX............................... Court, was published in said newspaper in the issues of May 25, 1994 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 person-,-" or corporation any disc9tifit, rebate, comm retun for the purpose of sec intLthis addvvi isem pubs ation in the said new o e Sworn to and subscribed before me this 25 (� Ma 9 4 y (SEAL) �) AGNES E. PRJA IM Octelma V. Ferbeyre pe UVW4MMa►ATE O¢i: r nMM �1 NO. CC 172108 crry All interested •, R,Id' 1994, theCft o� May, titled or es a t Miami, FI«ift.af�o " folloWng MANGE NO.11145 AN ORDI lNG SECTION 1 OF ORDINANCE NO. 11139, ' A - APW 14, 1064, '� CAPITAL IMPROVEMENTS. AMIOPRIATNM 1 iNANC�E BY INCREASING '4* TOTAL - APPROPRV61601116 .tom CAPITAL �svuecvrs. .rrv< ,u �ir+u, rrtu�: - iic,zstsw i IPPROP ATING 'FUNDS , . IN AN, P.Y+ SpeCIAL E 11 ° SERVICE PP40GRAOA �IIITM16k� THE AMOUNT OF $31 %04 THE- UNITED STATES -: THROfiGI.1 THE ' FLORIE?I SING THE CITY I AWARLY " FROMTHE fk AGWW TURF r. E3�! #+11�4'11a—C1 F�RO1%IS�N ` AN EMERGENCY OR[tii 1M1 ,ADOP`TeD, ON JUL Y CONTAi :A: , !' REPEALER Y�t�AUSE� . NOE ESYA A NEW ENTITLED: R FOOD R l ` ` CHILDREN -° 41W AND THE OPERATK1 '(JF SAME IN OF AMOULTURE I tbD STATES DEPARTMEW OF EXECUTE THE [SSARY a ; -Vrrlb✓ RESULT 001 DUE - TO SIG A REPEALER. PAMISK AN ORDINANCErf&At* ACTIVITY;' AMENDING " THE F1ORt A5 NDED. SEC'1401� 2.3$2'liNl�=31=1 ISSUANCE 00 - RENEWAL OF COt% -EWPORCEMEW vPRt ILLEGAL. CONSTRUCTION AG REPEALER PROVISION, Sm PROVIDING FOR AN EFFECTIVt- D) AN ORDINANCE AMENDS PiAPTE TMl= CITY 9F 'MIAlli -PLbR AS "STREETS AND SIDEWALKS" BY'AME ENWTLED �TJDNOTANDAW STREET V THE WIDTH OFj A ' CERTAIN :;.STI REPEALE44 PRO�ISIOM;- ' A SE)fEW PROVIE IT< AN'E:EfFECTIVE DATE. THE . A09 WHICH IS 'THE' ,ALSO THE SUBJECT NGS RELATED TO CONTAINING A rY CLAUSE AND THE CODE OF CONTAINING A ., %MWM.w+we4M-nv.3 � AN. EMERGENCY ORDNANCE AMENDING THE MEi*ERSHIP, APPOINTMENT PROCEDURE, CHAIRPERSON PRWISIONS AND POWERS OF CHAIRPERSON PROVISIONS AS APPLICABLE TO THE -MIAMI SPORTS' AND EXHIBITION ORIT AUTHY;. MOREPAR71CULARLY BY A00*04G SECTION 62.6-3 OF THE CODE OF THE CITY OF 1400^ FLORIDA, AS AMENDED; -CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDNG fQR. AN EFFECTIVE DATE. Said ordinances -"y'be inspec%d by the puiblic at 011ice of the City Clerk 3506 -Pi6 American' Drive, Miami, Florida Monday through Friday,; e>lgou*q holidays, between the hbura of 9:00 a.m. and 5:00 p.m, - MATTY'HNW CITY CLENK (#1276) CITY G7Fi4w, FLOiNDA 5P25 R4-4t058630h