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HomeMy WebLinkAboutO-10742Y, J-90-479 6/20/90 10 7 4 2 ORDINANCE N0. AN EMERGENCY ORDINANCE AMENDING SECTIONS 54.5-12 AND 54.5-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING A METHOD TO ALLOW AN EXISTING BUILDING, STRUCTURE OR WALL TO REMAIN IN THE UNDEDICATED RIGHT-OF-WAY; BY PROVIDING A METHOD FOR ADJUSTMENT TO DESIGN STANDARDS; AND BY PROVIDING ANOTHER MECHANISM TO VACATE AND CLOSE PLATTED, PRIVATE AND PUBLIC EASEMENTS AND EMERGENCY ACCESS EASEMENTS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 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 54.5-12 and 54.5-16 of the Code of the City of Miami, Florida, as amended, are hereby amended in the following particulars: l/ "Sec. 54.5-12. Design Standards. (A) Streets. (6) (Rounding of corners.) Property lines at street intersections shall be rounded with a radius of twenty-five (25) feet -v, except, where existing buildings or structures occupy all or a portion of the external area of the said twenty-five (25) foot radius, the supervisor of plats may reduce or eliminate the requirements for a rounded corner radius in which case the property owner shall proffer a covenant to run with the land in accordance with 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. 10742 the requirements in section 54-48 of the City Code. Where the angle of the intersecting roadways is less than eighty seven degrees, (87--) the supervisor of plats may reduce the required corner radius. A greater radius may be prescribed by the supervisor of plats in special cases. The supervisor of plats may permit comparable cutoffs or chords in place of rounded corners. (7) (Minimum width.) Minimum required right-of-way widths shall be as designated in Chapter 54, "Streets and Sidewalks," of the Code of the City. In the event the heritage conservation board finds that an existing wall located within the undedicated portion of the zoned street width has significant historical value and recommends that said wall be preserved, the supervisor of plats ma waive all or a portion of the required dedication to allow the existing wall to remain, in which case the property owner shall proffer a covenant to run with the land in accordance with the requirements in section 54-48 of the City Code. (F) Adjustments to design standards. The supervisor of plats may authorize an adjustment to the design standards when in his opinion undue hardship may result from strict compliance with such standards. The standards may be adjusted to prevent hardship; provided, such adjustment will not have the effect of nullifying the intent and purpose of the overall community plan. In granting an adjustment, the supervisor of plats may prescribe any conditions that he deems necessary and desirable in the public interest. In making his findings the supervisor of plats shall take into account, among other factors (i) the nature of the proposed use of the land and the existing use of the land and buildings, and (ii) the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No adjustments may be granted unless the supervisor of plats finds that all four of the followin4 conditions exist in regard to the land concerned: (1) that there are special circumstances or conditions affecting the property and that strict compliance of the design standards would deprive the applicant of reasonable use of his land; (2) that the adjustment is necessary for the preservation and enjoyment of a substantial_ property right of the applicant; (3) that the granting o£ an adjustment will not be detrimental to the public welfare or injurious to the other property in the vicinity in which the property is situated; and (4) that the adjustment will not unreasonably burden City services, including adjacent streets." "Sec. 54.5-16. Vacation and closure of rights -of - way and platted easements by plat. 10742 - 2 - W (e) Alternate method for vacation and closure of platted easements. The vacation and closure of platted private easements, platted public easements and platted emergency access easements, shall be accomplished by replatting the property as set forth in this section. Public hearings by the zoning board and city commission are required, except in cases_ where waived by the city manager or his designee. Before the requirement for said public hearings may be waived, the applicant shall have obtained (i) written consent to vacate and close the platted private easements) latted public easement(s) and/or platte emergency access easement(s) of the holder(s) of the easement(s), (ii) written releases from all benefited specified individuals or public or private entities, or a certification that no such benefited individuals or public or private entities exist within the easement(s), and (iii) recommendations of approval from the departments of Police, Public Works, Fire, Rescue and Inspection Services, Solid Waste and Planning, Building and Zoning. The written consent that must be obtained from the holder(s) of the easement(s) must specify that the holder(s) of the easement(s) consent(s) to the vacation and closure of the easement(s) and must specify whether the holder(s) of the easement(s) has (have) granted any type of interest in the easement(s) to a third party, and shall specify the third party's identity. In the event that a third party does have an interest in the easement(s), the applicant must also obtain the third party's written approval to vacate and close the easement(s). In addition, the applicant must submit an ownership and encumbrance search report prepared by a title company of the area encompassed by the easement(s) that is (are) to be vacated and closed. +e+ (f) Zoning board's public hearing for vacation and closure of rights -of -way and platted easements. After issuance of the findings of fact and recommendations by the plat and street committee, the subdivider shall make application to the department of planning and zoning boards administration for a public hearing by the city zoning board for the vacation and closure. The procedure for public notice and public hearing shall be as set forth in section 64-54 et. seq. of the city code of the -may, including the payment of the necessary fees as required by the code. -(f+ (g) City commission's public hearing for vacation and closure of rights -of -way and/or easements. After public hearing before the zoning board and a recommendation by the board for or against the vacation and closure, a public hearing shall be held before the commission of the city. The procedure for public notice and public hearing shall be as set forth in section 62-54 et. seq. of the city code e€ the -Gity, including the payment of any necessary fees as required by the code. -E9+(h) Determination by the city commission. If the city commission determines that it is not in the public interest, the rights -of -way or easements shall not be closed, and the plat shall be denied. If the city commission approvesd the requested vacation and closure, the subdivider may proceed with the plat as set forth in city code sections 54.5-8 through 54.5- 15.11 abow . - 3 - 10742 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. I£ 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 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 of Miami. Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day o June XAVIER L. S A EZ MAYOR ATTEST: AIRAI City Clerk SUBMITTED BY: UIS PRIETO-PORTAR, PH.D., P.E. -� Director of Public Works - 4 - 10742 LEGAL REVIEW BY: AueK 4 G. MI RIAM MAER Chief Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS JO � 0, � . -- - - A E FE ANDEZ t City Attorn y M6 58 - 5- 10742 W CITY OF MIAMI, FLORIDA z INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE: of the ty Commission SUBJECT FROM : Cesar H. O d i o REFERENCES: City Manager ENCLOSURES: RECOMMENDATION J U N 1 91990 FILE : Emergency Ordinance Amending City Code Chapter 54.5 - Subdivisions Emergency Ordinance It is respectfully recommended that the Miami City Commission enact the attached emergency ordinance amending Chapter 54.5 of the Code of the City of Miami to provide a method to allow an existing building, structure or wall to remain within the undedicated portion of the right of way and to provide another mechanism to vacate and close platted private and public utility easements and emergency access easements. BACKGROUND The Plat and Street Committee has recently approved the tentative plat of the "Chinatown Subdivision". Since the subdivision regulations currently require the dedication of all the zoned street right of way and do not allow an existing building, structure or wall to encroach into the undedicated right of way, the approval of the tentative plat was conditioned on the removal of a portion of an existing building on the "Chinatown" site. The existing building on the "Chinatown" site is an older, structurally sound building that is part of the history of Biscayne Boulevard and the developers desire to incorporate this existing building into their proposed project. Demolition of a portion of this building would severely impact the integrity and historical importance of the structure. Similarly, the Heritage Conservation Board has declared certain wails within the undedicated public right of way to be of historical importance. Recognizing the significance of certain buildings, structures or walls, the attached ordinance provides a method to allow an existing building, structure or wall to remain within the undedicated portion of the right of way. Page 1 of 2 10742 Honorable Mayor and Members of the City Commission (Cont' d.) The City of Miami Code currently requires that the vacation and closure of rights -of -way and platted easements be accomplished by replatting the adjacent property and include a public hearing before the Zoning Board and the City Commission in addition to the review by the Plat and Street Committee and final plat approval before the City Commission. Since public and private easements and emergency access easements are located on privately owned property, restricted to certain utility company and emergency vehicle uses and do not affect the general public's use and access, it is in the public's best interest to simplify and streamline the replatting process when platted public and private easement and emergency access easement closures are involved. The attached emergency ordinance eliminates the required public hearings before the Zoning Board and the City Commission provided that the applicant obtains a letter of approval to vacate and close the platted public or private easement or emergency access easement from the applicable utilities and various City departments and submits an ownership and encumbrance search prepared by a title company. The review by the Plat and Street Committee and final plat approval by the City Commission will continue to be required. This ordinance is declared to be an emergency measure on the grounds of urgent need to address the concerns of the approved "Chinatown" tentative plat and the necessity to carry on the functions and duties of municipal affairs as numerous staff decisions rely on the guidelines contained within the subdivision regulations of the City Code. Page 2 of 2 10 742 Z CITY OF MIAMI, FLORIDA LEGAL NOTICE All interested persona will take notice that on the 28th day FLORIDA; MAKING FINDINGS; INCORPORATING THE DES - of June,1990, the Clty Commission of Miami, Florida, adopted IGNATION REPORT; AND MAKING ALLyNECESSARY ;. the following titled ordinances: , CHANGES ON PAGE NUMBERS 22 ;AND 23; OF SAID-1-11 ZONING ATLAS; CONTAINING A. REPEALER PROVISION ORDINANCE NO. 10742 AND SEVERABILITY CLAUSE, AND PROVIDING AN EFFEC- TIVE DATE. AN: EMERGENCY ORDINANCE AMENDING SECTIONS 64.6.19 AND 54.6.16 OF THE CODE OF THE CITY OF MIAMI, ORDINANCE NO.10749 FLORIDA, AS AMENDED, BY PROVIDING A METHOD TO ALLOW AN EXISTING BUILDING, STRUCTURE OR WALL AN ORDINANCE AMENDING ORDINANCE, 11000; AS TO REMAIN IN THE UNDEDICATED RIGHT-ORWAY; BY PRO- AMENDED, THE NEW ZONING ORDINANCE OF THE CITY VIDING.,A. METHOD, FOR ADJUSTMENT TO DESIGN OF MIAMI, FLORIDA (EFFECTIVE SEPTEMBER 4,.;19W), STANDARDS; AND BY PROVIDING ANOTHER MECHANISM BY AMENDING ARTICLE 6, SD SPECIAL DISTRICTS; BY TO VACATE AND CLOSE PLATTED PRIVATE AND�PUBLIC ADDING A NEW SECTION 610 SD-10.JACKSON MEMORIAL EASEMENTS AND EMERGENCY ACCESS EASEMENTS; HOSPITAL'MEDICAL CENTER OVERLAY; DISTRICT; PRO - CONTAINING A REPEALER PROVISION, SEVERABILITY VIDING FOR INTENT AND. EFFECT -,:REQUIRING A CLASS - CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. II SPECIAL PERMIT; PROVIDING SPECIAL RULES FOR COMPUTATION OF.,PARKING REQUIREMENTS;. ORDINANCE NO. 10743 CONTAINING A REPEALER PROVISION AND SEVERABILITY. CLAUSE; AND PROVIDING AN EFFECTIVE DATE: ' AWORDINANCE, WITH, ATTACHMENT, ESTABLISHING A NEW,SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE ORDINANCE NO..10760 REDUCTION:; RECYCLING AND EDUCATION, (FY'90)' ; APPROPRIATING FUNDS FOR THE DEVELOPMENT AND AN ORDINANCE AMENDING THE ZONING ATLAS:OF IMPLEMENTATION OF SAME IN ACCORDANCE WITH SEC. ORDINANCE NO. 11000 (EFFECTIVE. SEPTEMBER 4,;19W), TION 403.706(4), FLORIDA STATUTES, IN THE AMOUNT OF THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, $685,808; CONSISTING OF A RECYCLING PROGRAM FLORIDA,.AS AMENDED, BY APPLYING THE SD•10 : - GRANT.FROM THE STATE OF FLORIDA, DEPARTMENT JACKSON MEMORIAL HOSPITAL MEDICAL CENTER.OVER- . OF ENVIRONMENTAL REGULATION, IN .ACCORDANCE LAY DISTRICT TO THE AREA GENERALLY 13QUNDEDt BY WITH THE STATE OF FLORIDA SOLID WASTE MANAGEMENT NORTHWEST-I4TH AND 20THSTREETS, BETWEEN, GRANT.,RULE,17.716 AND SECTION 403.7095 FLORIDA NORTHWEST 7TH AND 12TH. AVENUES, PLUS AN "AREA'.- STATUTES; CONTAINING A REPEALER PROVISION AND A EXTENDING APPROXIMATELY 300 FEET: SOUTH OF SEVERABILITY CLAUSE. NORTHWEST, 16TH STREET AND EXTENDING APPROX- IMATELY 650 FEET WEST OF NORTHWEST,I2TH AVENUE ORDINANCE NO.10744 TO WAGNER CREEK,.MIAMI, FLORIDA.(MORE PARTICU LARLY DESCRIBED HEREIN); BY MAKING FINDINGS; AND AN ORDINANCE REPEALING ORDINANCE NOS. 7245 AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 7247 IN THEIR ENTIRETY AS APPEARING IN BASIC ORDI• NANCE'FORM AND AS CODIFIED IN THE CODE OF THE 24 OF.SAID ZONING ATLAS; CONTAINING A REPEALER' .' PROVISION AND SEVERABILITY. CLAUSE;..AND PROVID• CITY'OF MIAMI; FLORIDA, AS AMENDED, BOTH ING AN EFFECTIVE DATE. ORDINANCES HAVING BEEN ADOPTED SEPTEMBER 30, '1964 AND. RELATING TO THE ORIGINAL CREATION OF ORDINANCE N0.10761 THE;DEPARTMENT OF POLICE AND THE DEPARTMENT OF`FIRE; RESCUE AND INSPECTION SERVICES'RESPEC- AN ORDINANCE AN ORDINANCE AMENDING THE .ZONING 'ATLAS OF G, THE:ORDING-ATL OF TIVELY; FURTHER, CREATING THOSE TWO DEPARTMENTS ORDIN 960, THEE E WHOSE AFFAIRS"ARE TO BE ADMINISTERED BY`DIREC- MIAMI,.AMENDED,, F MIAMI„ MEN AS AMENDED, BY:CHANGIN TORS WHO WHILE�BEING APPOINTED BY AND ISERVING THEZO BOUNDED THEATION' E .TH UNDER THE SUPERVISION AND CONTROL OF THE CITY 1ST C D AVENUE BETWEEN D2ND MANAGER SHALL ONLY BE REMOVED FROM THEIR POST. NORTHWEST,WESITIISTIC 6TH S ,;MIAMI, FLORIDAEE. TION SY:JUDGEMENTOF'THE CITY COMMISSION OR IN (MORE PARTICULARLY DESCRIBED HEREIN), FROM 010107. ,,,;, ACCORDANCE,WITH`THE PROVISIONS!OF'STATE "LAW; GENERAL COMMERCIAL TO SPI.16.2 SOUTHEAST . ,PROVIDING, THAT THE'RESPONSIBILITIES,> FUNCTIONS, OVERTOWN-PARK WEST.COMMERCIAL.RESIDENTIAL DIS- TRICT; BY MAKING FINDINGS; AND BY MAKING ALL NEC - AND DUTIES OFTHENEWLY.CREATED.DEPARTMENTS REMAIN: UNCHANGED FROM, THOSE RESPONSIBILITIES, ESSARY ;CHANGES ON, PAGE NUMBER 36,;OF .SAID FUNCTIONS;AND:DUTIES BEING DISCHARGED PRIOR' ZONING :ATLAS; ,CONTAINING A REPEALER -PROVISION. AND SEVERABILITY CLAUSE; AND PROVIDiNG,AN EFFEC- AbOPTION-OF THIS, ORDINANCE 'AND'BY`PROVID• TIVE DATE -ING THAT;'ALL FUNDS; 'PERSON NEL,..RECORDS ,AND' - .EQUIPMENT CURRENTLY'APP.ROPRIATED AND`ASSIGNED r� TO,,THE REBaECT1VE. DEPARTMENTS.'As "OF THE DATE ' ORDINANCE NO 107b2 OF:THIS ORDINANCE ARETO'REMAIN SO APPROPRIATED AN ORDINANCE,/{MENDING THE ZONING;ATLAS OF AND ASSIGNED; REPEALING CITY CODE SECTIONS 2.81, 2.82,:2-83 42.1; 42.2; AND'42.3 IN THEIR ENTIRETY; AND ORDINANCE.NO. 11000 (EFFECTIVE, SEPTEMBER 4;;1990). ADOPTING' NEW CITY'CODE SECTIONS-2.81 2.82, 2.83; THE NEW ZONING ORDINANCE OF:THE CITY OF_MIAMI; '42.1 < M,'AND'42.3;'CONTAINING A REPEALER PROW FLORIDA, AS AMENDED, BY CHANGING THE ZONING SION'AND A SEVERABILITY CLAUSE.' CLASSIFICATION OF. THE BLOCK BOUNDED BY NORTH- WEST 1ST COURT AND 2ND AVENUE BETWEEN NORTH. ORDINANCE N0. 10745 WEST 5TH AND•6TH.STREETS, MIAMI,-,FLORIDA. (MORE . PARTICULARLY .DESCRIBED THEREIN), FROM -C=1 : AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 RESTRICTED:CQMMERCIAL TO SD•16.2 SOUTHEAST AND ND 5 OF ORDINANCE NO. 10648, THE ANNUAL OVERTOWN-PARK WEST COMMERCIAL RESIDENTIAL DIS-. TRICT; BY MAKING, FINDINGS; AND BY MAKING ALL NEC PRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,.1900 ADOPTED SEPTEMBER 28, 1989, AS 1989$200, AS ESSARY CHANGES ON PAGE NUMBER 36 OF SAID AMENDED, FOR,THE PURPOSE OF REPLACING ZONING ATLAS; CONTAINING A REPEALER PROVISION, AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC- OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TIVE DATE. FOR THE COCONUT GROVE PLAYHOUSE LOAN PROJECT AND $501000' OF THE DEPARTMENT OF DEVELOPMENT ORDINANCE NO.10763 MARKETING BROCHURE WITH $250,000 OF REVENUE FROM GENERAL' OBLIGATION DEBT SERVICE FUND'— INTEREST EARNINGS; CONTAINING A REPEALER PROVI- AN ORDINANCE AMENDING ORDINANCE 9500,_ AS SION AND A SEVERABILITY CLAUSE. AMENDED,, THE.ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 20 GENERAL ORDINANCE NO. 10746 AND SUPPLEMENTARY REGULATIONS, SECTION 2008 REQUIRED OPEN. SPACES; DETAILED LIMITATIONS ON AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF OCCUPANCY,'SY`ADDING A NEW SUBSECTION 2008.13 ENTITLED "NOISE AND DISTANCE LIMITATIONS* ORDINANCE NO. 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED THE CAPITAL IMPROVEMENTS APPROPRIA- R PEALER MECHANICAL EQUIPMENT';COLAUSE TIONS ORDINANCE; BY INCREASING APPROPRIATIONS A D PROVIDING PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. TO THE` PROJECT ENTITLED "RELOCATION OF MUNICI- PAL SHOPS OPERATIONS," PROJECT NO. 311018, IN THE T ORDINANCE N0.1075g OTAL AMOUNT OF $500,000, APPROPRIATING FUNDS THEREFOR FROM VARIOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING SOURCES AS LISTED HEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO. 10747 TLAS OF THE ENTIRE LENGTH OF THE CAUSEWAY WITHIN -THE' CITY OF MIAMI FROM A POINT APPROXIMATELY 20 FEET WEST OF THE DADE COUNTY BULKHEAD LINE EASTWARD TO THE CITY LIMITS AND INCLUDING ALL BRIDGES AND THE RIGHTS -OF -WAY OF NORTH AND SOUTH VENETIAN WAY, MIAMI, FLORIDA; INCORPORATING THE DESIGNA- TION REPORT; MAKING FINDINGS; AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBERS 22 AND 23 OF SAID ZONING ATLAS; CONTAINING A REPEALER PRO- VISION'AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE ORDINANCE NO. 10748 AN ORDINANCE RELATING TO NOISE ABATEMENT, AMENDING CHAPTER 36 OF THE CODE OFTHE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION,'36.13, PERTAINING TO CONSTRUCTION EQUIPMENT;, DELETING EXISTING SECTION 36.15 AND SUBSTITUTING; IN LIEU THEREOF, A NEW SECTION. 36.15 ENTITLED "'MECHANI- CAL AND FIRE EQUIPMENT"; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PRQVID. ft DATE. MIAMI; FLORIDA, AS AMENDED TO'.CIARIFY'IANQUASE, TO PROVIDE THEREBY THAT DISTANCE .SEPARATION REQUIREMENTS FOR IDENTICAL ALCOHOLIC BEVERAGES LICENSEES BE MEASURED SEPARATELY AND DISTINCT' FROM THE DISTANCE SEPARATION REQUIREMENT FOR DISSIMILAR ALCOHOLIC BEVERAGES LICENSEES; FUR- THER BY MODIFYING THE REQUIRED DISTANCE SEPA. RATION FOR DISSIMILAR LICENSEES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AN AND EFFECTIVE DATE, AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW ZONING ORDINANCE OF THE CITY of yIIAMI. Said ordinances may be Inspected by the public at the Office of the City Clark, 3500 Pan American Drive, Miami, Florida, Monday through Friday, ;cclucano Iwud ORDINANCE NO.10743 CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE, WITH ATTACHMENT, ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY'90)"; APPROPRIATING FUNDS FOR THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN ACCORDANCE WITH SEC- TION 403.700(4), FLORIDA STATUTES, IN THE AMOUNT OF $585,808, CONSISTING OF A RECYCLING PROGRAM GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, IN ACCORDANCE WITH THE STATE OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17.716 AND SECTION 403.7095 FLORIDA STATUTES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10744 AN ORDINANCE REPEALING ORDINANCE NOS. 7245 AND 7247 IN THEIR ENTIRETY AS APPEARING IN BASIC ORDI- NANCE FORM AND AS CODIFIED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BOTH ORDINANCES HAVING BEEN ADOPTED SEPTEMBER 30, 1964 AND RELATING TO THE ORIGINAL CREATION OF THE DEPARTMENT OF POLICE AND THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES RESPEC- TIVELY; FURTHER, CREATING THOSE TWO DEPARTMENTS WHOSE AFFAIRS ARE TO BE ADMINISTERED BY DIREC- TORS WHO WHILE BEING APPOINTED BY AND SERVING UNDER THE SUPERVISION AND CONTROL OF THE CITY MANAGER SHALL ONLY BE REMOVED FROM THEIR POSI- TION BY JUDGEMENT OF THE CITY COMMISSION OR IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW; PROVIDING THAT THE RESPONSIBILITIES, FUNCTIONS, .AND LDUTIES OF THE NEWLY CREATED DEPARTMENTS REMAIN UNCHANGED FROM THOSE RESPONSIBILITIES, FUNCTIONS'ANO.DUTIES BEING DISCHARGED PRIOR TO THE ADOPTION OF THIS'ORDINANCE AND-BYPROVID- ING :THAT ALL FUNDS, PERSONNEL, RECORDS -AND EQUIPMENT. CURRENTLY APPROPRIATED ANDASSIGNED` ".- TO THE RESPECTIVE DEPARTMENTS -AS'OF . THE .DATE' OF THIS ORDINANCE ARE TO REMAIN SO APPROPRIATED" AND ASSIGNED; REPEALING CITY CODE SECTIONS 2-81; ' 2.82;4- 42-1, 42.2, AND 42.3 IN THEIR ENTIRETY; AND ADOPTING NEW CITY "CODE SECTIONS 2.81, 2.82, 2-83, 42.1 -42.2, AND 42.3; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10746 AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 10648, THE ANNUAL APPRO- PRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1990 ADOPTED SEPTEMBER 28, 1989, AS AMENDED, FOR THE PURPOSE OF REPLACING $200,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE COCONUT GROVE PLAYHOUSE LOAN PROJECT AND $50,000 OF THE DEPARTMENT OF DEVELOPMENT MARKETING BROCHURE WITH $250,000 OF REVENUE FROM GENERAL OBLIGATION DEBT SERVICE FUND — INTEREST EARNINGS; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10746 AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED THE CAPITAL IMPROVEMENTS APPROPRIA- TIONS ORDINANCE, BY INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED "RELOCATION OF MUNICI- PAL SHOPS OPERATIONS," PROJECT NO. 311018, IN THE TOTAL AMOUNT OF $500,000; APPROPRIATING FUNDS THEREFOR FROM`VARIOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING SOURCES AS LISTED HEREIN; CONTAINING'A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO. 10747 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE "OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING SECTION 1610, HC1: GENERAL USE.HERITAGE CONSER- VATION OVERLAY DISTRICT TO THE VENETIAN CAUSEWAY: THE ENTIRE LENGTH OF THE CAUSEWAY WITHIN THE CITY OF MIAMI FROM A POINT APPROXIMATELY 20 FEET WEST OF THE DADE COUNTY BULKHEAD LINE EASTWARD TO THE CITY LIMITS AND INCLUDING ALL BRIDGES AND THE RIGHTS -OF -WAY OF NORTH AND SOUTH VENETIAN WAY, MIAMI, FLORIDA; INCORPORATING THE DESIGNA- TION REPORT; MAKING FINDINGS; AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBERS 22 AND 23 OF SAID ZONING ATLAS; CONTAINING A REPEALER PRO- VISION'AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE ORDINANCE NO. 10748 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING SECTION 710, HGi: GENERAL USE HERITAGE CONSERVATION OVERLAY DIS- TRICT TO THE VENETIAN CAUSEWAY: THE ENTIRE LENGTH OF THE CAUSEWAY WITHIN THE CITY OF MIAMI FROM A POINT APPROXIMATELY 20 FEET WEST OF THE DADE COUNTY BULKHEAD LINE EASTWARD TO THE CITY LIMITS AND INCLUDING ALL BRIDGES AND THE RIGHTS - OF -WAY OF NORTH AND SOUTH VENETIAN WAY, MIAMI, ORDINANCE NO.10160 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990). THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING THE 80-10 JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVER- LAY DISTRICT TO THE AREA GENERALLY BOUNDED BY NORTHWEST 14TH AND 20TH STREETS, BETWEEN NORTHWEST 7TH AND 12TH AVENUES, PLUS AN AREA EXTENDING APPROXIMATELY 300 FEET SOUTH OF NORTHWEST 16TH STREET AND EXTENDING APPROX- IMATELY 650 FEET WEST OF NORTHWEST 12TH AVENUE TO WAGNER CREEK, MIAMI, FLORIDA (MORE PARTICU- LARLY DESCRIBED HEREIN); BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 24 OF SAID ZONING ATLAS; CONTAINING. A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVID- ING AN EFFECTIVE DATE. ORDINANCE NO.10761 AN ORDINANCE AMENDING THE:ZONING;ATLAS OF ORDINANCE NO. WM,.THE _ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BYCHANGING THE ZONING CLASSIFICATION OF THE BLOCK BOUNDED BY NORTHWEST 1ST COURT AND 2ND AVENUE BETWEEN' NORTHWEST 5TH .AND 6TH STREETS, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM CG-2/7 GENERAL COMMERCIAL TO SPI.16.2 SOUTHEAST OVERTOWN-PARK WEST-COMMERCIAL;RESIDENTIAL DIS- TRICT; BY MAKING FINDINGS; AND BY.MAKING ALL NEC- ESSARY CHANGES ON; PAGE NUMBER 36;OF:,SAID ZONING 'ATLAS; ,CONTAINING _A REPEALER PROVISION AND SEVERABILITY-CLAUSE; ANDYROVIDING�AN EFFEC- TIVE DATE ORDINANCE 00.10f62 AN ORDINANCE AMENDING THE ZONING;ATLAS.OF ORDINANCE. NO. 11000 (EFFECTIVE SEPTEMBER 4,;1990). THE NEW ZONING ORDINANCE OF THE CITY,OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE BLOCK BOUNDED BY NORTH- WEST 1ST COURT AND 2ND AVENUE BETWEEN NORTH- WEST 5TH AND•6TH STREETS, MIAMIr FLORIDA(MO,RE PARTICULARLY,DESCRIBED HEREIN), FROM- C-1 RESTRICTED:. COMMERCIAL. TO SD-16.2 SOUTHEAST OVERTOWN-PARK, WEST. COMMERCIAL RESIDENTIAL DiS- TRICT; BY. MAKING FINDINGS; AND BY.. MAKING ALL NEC- ESSARY CHANGES ;ON PAGE NUMBER 36 OF SAIn. ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN. EFFEC- TIVE DATE. ORDINANCE NO.10753 AN ORDINANCE, AMENDING; ORDINANCE_9500, AS AMENDED,,,THE ZONING; ORDINANCE OF. THE CITY, OF MIAMI, FLORIDA, BY AMENDING ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2008 REQUIRED OPEN _SPACES; DETAILED LIMITATIONS: ON OCCUPANCY; 'BY'ADDING ANEW SUBSECTION,2008.13 ENTITLED "NOISE ,AND 'DISTANCE` LIMITATIONS: MECHANICAL EQUIPMENT'; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING , AN EFFECTIVE DATE. ORDINANCE NO. 10754 , AN ORDINANCE RELATING TO NOISE ABATEMENT, AMENDING CHAPTER 36 OF. THE CODE OFfiHE CITY OF MIAMI, FLORIDA, BY AMENDING-SECTI6N'�36.13, PERTAINING TO CONSTRUCTION EQUIPMENT;-: DELETING EXISTING SECTION 38.15 AND SUBSTITUTING, IN LIEU,: - THEREOF, A NEW SECTION.38.15 ENTITLED""MECHANI- CAL AND FIRE EQUIPMENT"; CONTAINING A REPEALER PROVISION AND SEVERABILITY .CLAUSE; AND PROVID- ING AN EFFECTIVE DATE: ORDINANCE NO.10765 AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES; . AMENDING SECTION 4-10 OF THE CODE OF,THE CITY.OF " MIAMI, FLORIDA, AS AMENDED TO CLARIFY -LANGUAGE,, TO PROVIDE THEREBY: THAT DISTANCE: SEPARATION REQUIREMENTS FOR IDENTICAL ALCOHOLIC BEVERAGES � LICENSEES BE MEASURED SEPARATELY AND DISTINCT FROM THE DISTANCE SEPARATION'. REQUIREMENT FOR DISSIMILAR ALCOHOLIC BEVERAGES LICENSEES; FUR-. THER BY MODIFYING THE REQUIRED DISTANCE-SEPA RATION FOR DISSIMILAR LICENSEES; CONTAINING;:A' . REPEALER PROVISION, SEVERABILITY CLAUSE AN AND ' 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 8:00 a.m. and 5:00 p.m. MATTY HIRAI CITY CLERK MIAMI, FLORIDA (6921) 7116 190.4-071652M