HomeMy WebLinkAboutO-10898NO
J-91-410
5/8/91
ORDINANCE N0. 10898
AN ORDINANCE RELATING TO STREETS AND
SIDEWALKS AND CONSTRUCTION AND REPAIR;
AMENDING SECTIONS 54-47 AND 54-48 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CLARIFYING THE REQUIREMENT OF RIGHT-OF-WAY
DEDICATION PRIOR TO ISSUANCE OF PERMITS;
ELIMINATING THE REQUIREMENT OF A COVENANT
PRIOR TO ISSUANCE OF PERMITS; AND CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is necessary to clarify the conditions upon
which the dedication of a portion of a property owner's lot,
tract or parcel of land lying within the city's officially
established right-of-way to the public for street purposes is
required; and
WHEREAS, the covenant required prior to issuance of permits
for existing buildings or structures that encroach into the
city's officially established right-of-way is not applicable due
to the clarification of the conditions upon which the dedication
of the city's officially established right-of-way is required;
and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
the Code of the City of Miami, Florida, as amended, as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Sections 54-47 and 54-48 of the Code of the City
of Miami, Florida, as amended, are hereby amended in the
10898
1/
following particulars:1/
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION AND REPAIR
Sec. 54-47. Right-of-way dedication required prior to
issuance of permits.
permit for construction.la Liles Q71.ac t :reets,Nno
buildin or structure or chan a of u e °f a new
s1n exls Ana s r»ri-„re of
shall be issued on any lot, tract
or parcel of land until all portions of the applicant's
lot, tract or parcel lying within the city's officially
established right-of-way have been dedicated to the
public for street purposes. Additionally, right-of-wa
lines ,at street intersections shall be rounded with a
radius of twenty-five (25) feet. The area external to
the twenty-five foot radius shall also be dedicated to
the public for street purposes prior to the issuance of
permits described above.
--
imam•
..
-rr-xv�p wit
Upon written request b
determination that y applicant for a
the proposed construction
or st uc u e or chanae o of a
expanaion will not burden the city services, including
adjacent streets, director shall have the authority to
waive the required dedication or, if he does not so
waive the dedication, director shall convene within
thirty (30) days after receipt of written request from
applicant, a meeting of a review committee which shall
be comprised of the director of public works, the
director of the department of planning�bu;�dina and
XMing and an assistant city manager. The applicant
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-
shall have the right to present its position to the
review committee which shall review director's refusal
to grant the waiver of dedication. The committee,
acting by majority vote, shall either affirm the
director's refusal or reverse its refusal and grant the
requested waiver of dedication. The committee shall,
in determining whether director's refusal was
reasonable, determine whether the proposed
construction, , ,
repair of a new building or structure or change of use
or expansion will burden city services, including the
adjacent street(s). The decision of this committee,
which shall be rendered within thirty (30) days after
conclusion of the hearing, shall be final. (Ord. No.
9966, Sec. 1, 3-21-85; Ord. No. 10279, Sec. 2, 6-11-87)
PLftr_1td:t:S. Reserved.
•X-B M -W WWA 5. •
. • . W W 9 1,- . • • .
•
• . . • . •
Section 2. All ordinances, or parts of ordinances insofar
as they are inconsistent or in conflict with provisions of this
ordinance are hereby repealed.
Section 3. If any section, part of this 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 hereof.
PASSED ON FIRST READING BY TITLE ONLY this 9th day of
May , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING this 1� 1
day of J147v , 1991.
ATTES
MATTY HRAI, CITY CLERK
XAVIER L.)SUAREZ, MAYOR
-3- 10898
i
A
:
SUBMITTED `BY:
/1l ,
IS A IETO-PORTAR, Ph.D., P.E.
tIRECvfOR OF PUBLIC WORKS
LEGAL REVIEW:
e k
KEFASSISTiiW
AXWELL
CCITY ATTORNEY
APPROVED „AS TO FORM AND CORRECTNESS:
f n /a / c-- ..
JOIRGE L . FEP
C IPrY ATTORNE
JEM/dQ�
-4-
of tI
MATTY HIRAI
City Clerk
'
July 19, 1991
CESAR H. ODIO
City Manager
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10898 10899
If I can be of any further assistance, please do not hesitate to
call
Very truly s,
Valerie Gre nwood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360
t Of
MATTY HIRAI
City Clerk — CESAR H. ODIO
.I
City Manager
fffl.,F1��
July 19, 1991
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
Enclosed herewith please find a co
py of which amend the Code of the City of Miami,hFlorridawing Ordinances
10898 10899
Please acknowledge receipt of same by affixing
to
the enclosed copy of this letter and return ittoothis ur loffice efor
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY: i
TY CITY CLERK
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
of
t`
MATTY HIRAI
City Clerk
;'
-
CESAR H. ODIO
......
47ti��'�
City Manager
July 199 1991
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
Enclosed herewith please find a
copy of the following
Ordinances
which amend the Code of the
City
of Miami, Florida:
10898
10899
Please acknowledge receipt
the
of same by affixing your signature to
enclosed copy of this letter
and return it to this
office for
our files.
Thank you.
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
I
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY CITY LERK
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0706/(305) 250-5360
t
I
CITY OF MIAMI. FLORIDA
. INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
1'e
FROM efte;e�e
DATE : APR 2 91991 FILE :
3
SUBJECT- First Reading of Ordinance
Amending the City Code -
Right of Way Dedication
REFERENCES:
Cesar H. Odlo
City Manager ENCLOSURES. Ord I nance
RECOMMENDATION:
The Department of Public Works respectfully recommends adoption
of an ordinance amending Chapter 54 of the Code of the City of
Miami entitled-uStreets and Sidewalks" by amending Sections 54-47
and 54-48 entitled "Right of way dedication required prior to
Issuance of permits" and "Covenant required prior to Issuance of
permits" respectively by clarifying the requirements for
right of way dedication. I
BACKGROUND:
On March 21, 1985 the City Commission adopted Ordinance No. 9966
requiring dedication of officially established right of way from
a property owner when that owner applied for a building permit
that exceeded. a certain value of work or square footage of
construction. The ordinance does provide a review process to
determine If the applicants proposed construction,
reconstru --lon, remodeling, renovation or repairing significantly
burdens the city services and adjacent streets to warrant the
dedication of the officially established right of way, however,
this process as outlined In the Code is unwieldy and does not
specifically relate a property owners development or change of
use to a necessity for requiring the dedication of right of way.
This Ordinance amending the City Code clearly. relates private
property development or change of use to the burdens It may place
on city services Including the adjacent streets and requires that
the clty,s Off iclally'establlshed right of way be dedicated only
when it Is clearly determined by the Director of Public Works,
that the dedication right of way is absolutely necessary to
mitigate the burdens that the proposed development or use places
on the adjacent streets.
0
Page 1 of 2
3 -/
Honorable Mayor and Members
of the City Commission
It is estimated that substantially less "Involuntary" dedication
Df the clty's officially establl.shed right of way will be
required and the Increased efficiency of the plans review process
will equitably benefit all citizens of the City of Miami. The
appeal process Is retained to allow the property owner to present
additional evidence should a question arise concerning the
ieclslon reached by the Director of Public Works.
MIAMI 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. Ferbsyre, who on oath says that she Is the Super•
visor of Legal Advertising of the Miami Review, a dally
(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. 10897
Re: Establishing a new
special revenue fund, etc.
xxx
Inthe ......................................... Court,
was published In said newspaper in the Issues of
August 1, 1991
Afflant further says that the said Miami 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
sA cond class mall matter at the post office in Miami In said
Dade County, Florida, for a perlod ar next preceding
the first ppbllcatlon of the attac y o dvertieemont• and
afflen urther says that she h os1 ner ,,.�,..i...f ....
for
••'�tlV'W .. ys `rV'�• ryF./(/Vvf/t•
r r* �t//
wr lTybscrlb before me this
t
Stto a .. day of . + . , '
••• .... ,A.D.1991
r
�- .........
(SEAL) `•*`.+'''
"OFFICIAL NOTARY SEAL"
CHERYL H. MARMER
MY COMM. EXP. 4/12/92